n. ^
ILLINOIS STATE LlBRAlff
Digitized by tine Internet Arcliive
in 2010 witli funding from
CARLI: Consortium of Academic and Researcli Libraries in Illinois
http://www.archive.org/details/lawsofstateofillpriv1861illi
p
v^
PRIVATE LAWS
yjhC ,.\\* OF THE
STATE OF ILLIN"OIS,
PASSED BY THE
TWENTY-SECOND GENEKilL ASSEMBLY,
CONYENED JANUARY 7, 1861.
ILLINOIS STATE LIBRARY
3 1129 00702 451 6
SPRINGFIELD:
BAILHACHE & BAKER, PRINTERS.
1861.
■iitA
TABLE OF CONTENTS.
ACADEMIES AND COLLEGES : page.
An act to .inL-or]inrate the Bloomingilale Academy 9
An act to amend " An act to incorpoiate tlie colleges therein named," and the acts amendatory thereto. 13
An act loin.ovporate the Decatur Seminary » IS
An act to incorporate the El Paso Academy ^ i > 14
An act to amend an act and the amendments thereto, entitled " An act to incorporate the Illinois Liberal
Institute," approved Febrnary I5th, 1S51 Ifi
An act to incorporate the Lock|)ort Seminary at Lnckport, Will County 17
An act to amend and additional to the act entitled "An act to incorporate the Lind University," approved
Fel)ruary ISth, 1S5T > 18
An act to incorporate the Metropolis College 20
An act to amend an act entitled "An act to incorporate the North- Western University." 21
An act to incorporate the PresbyterianCollege of Illinois 22
An act to amend an act entitled "An act to incorporate the Presbyterian Theological Seminary of the
Northwest," approved February IGth, 1S57 ; 24
An act to incorporate the Urbana and Champaign Institute 24
An act to incorporate the Woodstocli University 26
An act to incorporate Wheaton College 23
AGRICULTURAL SOCIETIES :
An act to incorporate the Atlanta Union Central Agricultural Society, to be located at Atlanta, Logaa
county, Illinois , 80
An act to incorporate the Edgar County Agricultural and Mechanical Association 34
An act to incorporate the Union Agricultural Society of Jo Daviess, Steplienson, La Fayette and Green
counties. 34
An act to iticnrporate the Edgar County Agricultural and Mechanical Association 34
An act to amend an act entitled "An act to incorporate the McLean County Agricultural Society," ap-
proved February 12, 1 658 3T
An act to incorporate the Morgan County Agricultural and Mechanical Association 37
ALLEYS :
An act to vacate an alley therein mentioned 3g
BANKS :
An act for the relief of the Alton Bank and Jersey County Bank Sg
An act to incorporate tlie German Savings Bank of Peoria, Illinois , 39
An act to incorporate the Merchants', Farmers' and Mechanics' Savings Bank 42 '
BENEVOLENT INSTITUTIONS:
An act to exempt certain property of the American Bible Societj' from taxation 44
BENEVOLENT APSOCUTIONS:
An act to incorporate a benevolent institution in the city of Chicago, Cook County, under the name of
" The I'ity Mission and I'hurch Home." 45
An act to incorporate the Chicago Seamen's Mutual Benevolent Society 4g
An a t to incorporate the Young Jlen's (. hristlan Assoi iation of Chicago 47
An act to amend an act entitled "An act to incoriiorale the Firemen's Benevolent Association, and for
other purposes," approved June 21st, 1S62, and for other purposes , 47
An act to in orporate an Insane As> lum in Cook County, Illinois 48
An act to incorporate the .Ministerial Education Society of the Methodist Episcopal Church 50
An ac: to incorporate the Preachers' Aid Society of the Central Ulinos Annual Conference of the Metho-
dist Episcopal Church, 5^
An act to incorporate the Preachers' Aid Society of the North Illinois District of the Methodist Protestant
Churrh ', gg
An act to incorporate the United Brethren of Belleville, and to repeal an act entitled "An act to incor-
porate the Belleville Grove No. 1 of the U. A. Order of Druids of the State of Illinois," 54
BOSWORTH, A. K.:
An act to autliorize Admiral K. Bosworth to transcribe certain Records 55
BROWN, J. L. :
An act for the relief of James L. Brown, late collector of the revenue in Alexander County 5g
BRIDGES:
An act to incorporate the Byron Bridge Company g'j'
An act to amend an act to authorize a company to build a bridge across the Illinois river, at the city of
Henry 59
An act extending the time for building a certain bridge over Mill creek, in Pope county, Illinois 59
An act to authorize the city of Chicago to make an assessment to pay the damages caused by the building
of a bridge at VanBuren street, in said city, and to pay certain claims against said city 59
An act to amend the charter of the Illinois River Bridge Company at Ottawa, and to repeal an act amend-
atory thereto, approved on the l:3th of February, ls5T ' . . , gQ
An act to protect the wire suspension '* ridge over the Kaskaskia river, at or near the town of Carlyle in
Clinton county gj
An act to prevent in jm'y to the Oregon bridge .TiiMW 61
4 CONTENTS.
BRIGHTON COMPANY: paob.
An act to amend an act entitled "An act to incorporate the Brighton Hotel and Stock Yard Company,"
and to cluinge the name thereof 62
CEMETERIES:
An act to change the name of the Bloomingdale Cemetery Association, in Du Page county 63
An act to incorporate the Belleville Oakwoods Cemetery Association 63
An act for the vacation of the cemetery in the town of Cambridge, in the county of Henry 65
An act to incorporate the El Paso Cemetery Association 66
An act to incoip^irate the Fnrreston Cemetery Association 69
An act to incorporate the Graceland Cemetery Company 71
An act to incorpoiate the Hutchinson Cemetery Association, in Springfield, Hlinois 74
An act to legalize the further use of Harrison's Cemetery 77
CHURCHES:
An act to enable the trustees of the First Baptist Society of Bloomingdale, Du Page county, to convey
real estate 77
An act to amend an act entitled "An act authorizing certain persons holding property in trust for the
use of the Catholic churcli and societies thereof, in the state of Illinois, to convey the same," approved
February 24th, 1^45 ; also, to incorporate the Catholic Bishop of Chicago, and to confirm conveyances,
made since the 2-lth February, 1845, heretofore, by the Cathulic Bishop of Chicago 78
An act to incorporate the Illinois Eldershiji of the Church of God 80
An act to incoriiorale the General Convention of the New Jerusalem in the United States of America ... 81
An act amendatory of an act entitled "An act to authorize the Protestant Episcopal Church in the state
of Illinois to raise a fund for the support of a bishop, and to aid superannuated ministers and the wid-
ows and children of deceased ministers," approved February 10, 1S49 82
An act to incorporate the German Evangelical Salem's Church, of Quincy, Illinois 85
An ait to incorporate the Hebrew Congregation K. K. Bnai Avrohum, of the city of Quincy, county of
Adams, in the state of Illinois 67
An act to authorize Schuyler Presbytery to convey certain lands in McDonough county 89
CITIES :
An act to amend an act entitled "An act to incorporate the city of Aurora, and to establish an infeiior
court therein," approved Febiuary 1 1 , 1S57 S9
An act to amend "An act to incorporate the city of Alton," and the amendments thoreto 100
An act to grant and establish a city charter for the city of Bloomington 104
An act to amend the charter of the city of Belleville 115
An act to amend the charter of the city of Cairo 1 17
An act to amend "An act to amend the act entitled 'an act to reduce the law incorporating the city of
Chit-ago, and the several acts amendatory thereof, into one act, and to amend the same,' approved Feb-
ruary 14 ISol, and to reduce the several acts amendatory of said act into one act, and to amend the
act entitled ' an act to incorporate the Chicago City Hydraulic Company,' approved February 15, 1S51,
and to reduce the several acts amendatory of said last mentioned act into one act, and to amend the
act enti led ' an act to incorporate a board of sewerage commissioners for the city of Chicago,' " ap-
proved February 14, 1S55 118
An act to amend an act entitled "An act to define, confirm and legalize the acts of a fish inspector of
the city of Chicago," approved February IS, 1S57 148
An act to amend an act, approved Feliruary 'iOth, ad. 185^, entitled "An act to amend the act entitled
' an act to reduce the law incorporating the city of Chicago, and the several acts amendatory thereof,
into one aot, and to ainind thi sirae," appro /el Fe)ruiry 14;h, ISol 149
An act to amend "An act to incorporate a company for the improvement, by canals and harbors, of the
east part of Kinzie's addition to the city of Chicago," approved February 12th, 1857 152
An act to charter the city of Champaign 153
An act to incorporate the city of Carlyle 1S5
An act to amend the charter of the city of De atur 189
An act to amend an act entitled "An act to incorporate Dallas City," approved Februarv 18, 1859 190
An a't to amend an act entitled "An act incorporating the city of Dixon," approved February 19, 1859. . 197
An act to legalize an act of the coiimion council i>f the i ity of Dixon :99
An act to amend an act entitled "An act to incorporate the city of Freeport," approved February 14th,
1855 ^99
.An act to amend an at entitled " \n act to reduce the law incorporating the city of G.:Iena, and the
several arts amendatorv thereof, into one act, and to amend the same, and for other purposes," ap-
proved January 30, 1>57 200
An act to amend an a -t entitled "An a^t to redu e the law in'-orpornfing the lity of Galena, and the
several a'ts amendatory thereof, into one act, and to amend the same, and for other purposes, ap-
proved January 30, iSot, and to equalize the ratio oi representation ol the towns of East aud AVest
Galena, including the city of Galena, in the board of supervisors of Jo l)a\ less county 202
An act to'authorize the vacation of certain grounds in the city of Joliet, and lor other purposes 203
An act to amend the charter of the city of Joliet 204
An act to amend the charter of the city of Litchfield, approved February 16, 1859 204
An act to incorporate the city of Lake Forest 205
An act to amend an act entitled "An act to incorporate the city of La llarpe," approved February 24th,
1^59
21S
An act to incorporate the city of Morris, in the county of Grundy, and state of Illinois 2 IS
An act to amend the charter of the city of Metropolis 235
An act to amend the city charter of Macomb 236
An act to amend an act entitled "An act to incorporate the city of New Boston," in force February 21,
1S59 ; '^^^
An act to amend an act entitled "An act to charter the city of Ottawa," approved February 10, 1S53 . . . 23S
An act to amend an act entitled "An act to establish free schools in the city of Ottawa, in the county of
La Salle" 23S
An act to provide for supplying the city of Ottawa with sweet and wholesome water 239
An act to amend the charter of the city ol Pekin 240
An act to amend an act entitled "An act to incorporate the city of Peoria," in force December 3, 1844,
and the several acts amendatory tliereto 244
An act to authorize the city council of the city of Quincy to levy and collect a two mill tax . . 241)
An act supplemental to an act entitled "An act to establish a board of education in the city of Quincy". . 247
An act to enable the city of Quincy to establish a sinking fund, to reduce the city debt, and ultimately
to reduce the city taxes '^-^'^
CONTENTS. 5
CITIES : PAGE.
An act in relation to the city of Quincy '249
An act to estaldish a boanl of eilucati ^n in the city of Quincy 249
All act to vacate the plat of R )I)erts' VdilitiDn to the city uf Rnckfor d, in the county of Winnebago 253
An act to ameml "An act to amend the chai'ter of the city of llockford," approved March 4, 1S54 254
An act to vacate the plat of the Western Addition to Rock Island city 25T
An act to amend an act entitled "An act to reduce the act to charter the city of Rock Island, and the
several acis amendatory thereof, into one act, and to airend the same," approved February 1(3, 1S57. . . 257
An act to amend an act entitled "An act to iucoiporate the city of Sparta, in Randolph county," in
force Feliruary 2 1 , 1359 25S
An act to incorporate the city of Shawneetown, and to change the name 259
A n act to amend the charter of the city of SpringticId 27T
An act to incorporate the Springfield Water Works Company 285
/\ M act providing for the submission of the act incorporating the Springfield Waterworks Company of
the city of S[)ringfield to the qualified voters thereof 295
An act to aiithorize the governor and secretary to contract with the water commissioners of the city of
Spiingfii'ld and wiih said city for the purposes herein named 295
An act to amend an act entitled "An act to charter the city of Urbana," approved February 27, 1S55. .. 296
CHICAGO liOAIiD OF UNDERWRITERS:
An act to i ncorporate the Chicago Board of Underwriters of the city of Chicago 297
CLINTON COUNTY TAX:
An act o authorize the county court of Clinton ceunty to assess an additional tax for county purposes. . 299
COAL COMPANIES:
An act to incorporate the Du Quoin Coal Mining and Manufarturing Company 299
An act to amend an act entitled "An act to incorporate the Eagle Coal Company," approved February
14, 18.7 301
An act to amend an act entitled "An act to incorporate the Eureka Coal Company," approved February
Hi, 1-57 302
An act to define the powers of the Illinois Central Iron and Coal Mining Comi>any 302
An act 10 amend an act entitled "An act to incorporate the Mount Carbon Coal Company," approved
January 24, 1^35, and the several acts sup])lenitntary thereto, approved February 26, 1S4I, February
1, 1S51, February 10, 1S53, and January ;9, lS57, and for other purposes ". 303
An act incorporating the Northwest Illinois ("oal Company 304
An act to incorporate the Sparland Mill and Coal Company 305
DUNLAP, J. A. : CITIZENSHIP :
An act to restore Joseph Andrew Dunlap to citizenship 307
ERWIN, J. J.: CHANGE OF NAME:
An act to change the name of John Johnson Erwin to that of John Johnson Mitchell 308
EXPI!f":SS COMPANY, NORTHWESTERN:
An act to incorporate the Northwestern E ^ press Company 309
FARAIEUS' STE*.M AVAGON ROAD COMPANY:
An act to incorporate the Farmers' Steam Wagon Road Company of A'ermilion county, state of Illinois. . 310
FARMERS' SAVINGS ASSOCIATION:
An act to incorporate the Farmers' Savings Association 312
FREEPORT SAVINGS INSTITUTION:
An act to incorporate the Freeport Savings Institution 315
FERRIES:
An act to establish a ferry across the Mississippi river at Alton, Madison county, Illinois 318
An act to charter a ferry across the Illinois river at the town of Chillicothe, Peoi-ia county 319
An act to amend an act entitled "An act to establish a ferry therein named," approved February 13,
1857 820
An act tT) extend an act a|)proved February 12, 1851, granting certain ferry privileges therein named to
Jereniiiih Crotty 320
An act to legalize the proceedings of the county commissioners' courts of the counties of Fulton and
Mason, in relition to a ferry franchise at Havana 321
An act to grant a terry franchise across the Illinois river at the town of Havana 322
An act to incorporate the Niota Dike and Ferry Company 323
An act to esialilish a ferry across the Illinois river ai Phillips' ferry 825
An act to rei)eal an act entitled "An act to e.stal li.-^h a terry ai ross the Mississippi river In Randolph
county," a])provtd February 14, 1855, in favor of Willi,im' Henry, and to authorize John W. Brewer,
of said county, to maintain and keep a ferry under same title. . . 325
An act authorizing Stiah Robbins to establish a ferry across the Illinois river, in LaSalle county 32T
r n act to establish a ferry across the Mississi|ipi river, at Savanna, in Carroll county . . 327
FIRE COMPANIES:
n act to incorporate Engine Company No One, of the city of Alton 329
A n act to incorp rate the New PiMirin Fire C'unp my, No. Four, of the city of Peoria 329
An act to amend the charter of the city of Wauktgan, in relation to the fire department 330
GAS LIGHT COMPANIES:
An act to inroiporate the Atirora Gas Light Company 331
An act to amend an act eniitied "An a t to incorporate the Decatur Gas Light and Coke Company," ap-
proved February 18lh, 1857 3.32
An act to incorporate the Elgin Gas Light and Coke Company 833
An act to incorporate the Galesburg G is Light Coke ompany'. 334
An act to incorporate the Peru and LaSalle Gas Light and Coke Company 335 j
All act to iiicorpoiate the Pekin Gas Light Company 336 !
An act to incoriiorate the Rockfonl Gas Light and oke Company 3.3S '
An act, to incorporate the Wars.nv Gas Lighl and Coke Company 839
HORSE RAILWAYS:
All act to authorize the extension of Horse Railways in the city of Chicago 340
An a. t to promote the construction ot Horse Railways in the city of Peoria 842 ,
An act to pruniote the irons! ruction of Horse Railways in the city of Springfield 343
CHICAGO Ii'E COMP NY :
An aet to incorpoi-ate the Chicago Ice Company 345
b CONTENTS.
INSURANCE COMPANIES: page.
An act to amend an act entitled "An act to incorporate the Addison Farmers' Mutual Insurance Com-
jiany . " . 846
An act to amend an act entitled "An act to incorporate the Uoone County Mutual Insurance Company." 347
An act to incorporate the Cominercial Insurance Company of Chicago, IlUnois 348
An act to incorporate the Coluinl)iau Insiirance Company 350
An act to incorporate the ' rete Kanners' Mul ual Insurance company 853
An act to incorporate the Chicajco Mutual Lite Insurance Company. 362
An act to in'-or|iorate the Chic;i}:o Merchants' Insurance Company 3(i6
An act amendatory of ttie "Act td incoriiorate the Cliicago Marine and Fire Insurance Companj'- 36S
An act to incor|iorate the Equital^le Fire Insurance Company 370
An act to incorporate the Fort Oearborn Insurance Coni])any of the city of Chicago 374
An act to incorporate the Fanners' and Merchants' Insurani-e Company 375
An act entitled an act to incorporate the Farmers' Tornado Insurance Company 378
An act to incorporate the Home Mutual Insurance companv of IlUnois 382
An act to amend an act entitled ' 'An sict to incorporate the Henry County Mutu 1 Fire Insurance Com-
pany." 389
An act to incorjiorate the Illinois Central Mutual Insurance Company 890
An act to incorporate the Illinois Life InsurMUce Company 393
An act to amend an act entiiled "An act to iucoriioiate the Illinois Mutual Fire Insurance Company.''.. 395
An act to incorporate tlie Illinois Railroad, Steamlioat, Passenger and Live Stock Insurance Company .. 395
An act to incor)»'rale the Inland Insurance Company of Chicaga ... 400
An act to incorporate Ih Jersey County Farmers' Mutual Insurance Company 402
An act to incorporate the Mascoutah Savings and Insurance Company 407
An act to incorporate the Mercliants' Insurance Company 413
An act to charter the People's Mutual Fire Insurance Company of Aurora 414
An act to amend an act entitled "An act to incorporate the Quincy Savings and Insurance Company,"
approved February 12th, 1853 422
An act to amend the charter of the Rock River Mutual Fire Insurance Company 422
An act incorporating the Rock Island Insurance Company 423
An act to amend an act entitled "An act to incori>orate the Stephenson County Mutual Fire Insurance
Company," approved February 12th, IS53 425
An act to incorporate the Tornado Insurance Company 429
An act to amend an act entitled "An act to incorporate the Union Insurance and Trust Company" 433
An act to incorporate the Winnesheik Insurance Company 433
LEVEES:
An act to incorporate the Harrisonville Levee and Drainage Company 436
An act to incorporate the Mississippi Levee Company 447
LAND IMPROVEMENT COMPANY:
An act to incorporate tlie Land Improvement Company 451
LOAN AND TRUST COMPANIES :
An act to amend an act entitled "An act to incorporate the Chicago Loan and Trust Company 453
An act to incorporate the Central City Trust Company 453
An act to incorporate the Peoria Savings, Loan and Trust Company 456
An act to incorporate the Prairie State Loan and Trust Company 459
An act to incorporate the Real Estate Loan and Trust Company 4(52
MANUFACTIRING CCMPANIFS :
An act to incorporate the Illinois Agricultural Implement Mannfa' turing Company 465
An act to amend "An act to incorporate the German House Association of Chicago," as passed February
12, 1S57 406
An act to authorize and enable the Chicago Refining Company, incorporated under the laws of the state
of Illinois, to borrow miuiey and issue blinds 466
An ac to incorpora'e the Elmwuod Mining and Manufacturing Company 467
An act to incorporate the Eagle WfrksManufacuring Company of Chicago 467
An act to incoriiorate the IlUnois Starch ComiKiny 4()9
An act to incorporate the Macomb Stone Company 469
An ac to incorporae he Nor hwestern Agri ul ural Manufac'uring Company 470
An act to incorporate the Tyler and Greenleaf Sewing Machine Company 471
MASONIC HALL STOCK COMPANY:
An act to incorporate the Masonic Hall Stock Company of the city of Decatur 473
MONROE COUNTY:
An act to authorize the county court of Monroe county to borrow money and levy a tax to pay the same 747
MERCHANTS' ASSOCIATION, CHICAGO:
An act. to incorporate the Merchants' Association of Chicago 474
PEETS, J. & W.: CH.\NGE OF NAME:
An act to change the name of James Peets to James Eads and William Peets to 'WiUiam Eads, and make
them heirs at law of James Adair Eads 477
PLANK ROADS:
An act concerning the Collinsville Plank Road Company 477
An act in relation to the Alhion and Grayville Plank Road Cumpany 478
An act to authorize the sale of the Belleville and Mascoutah Plank Road 479
An act granting right of way to the Galena and Mineral Poii<t Plank Road Company 479
RAILROADS:
n act to confirm the u^ion and consolidation of certain railroad charters and companies therein named. 480
An act to incorporate the ' slilcy and Mount Vernon Railmad Company 483
An act to incorporate the Belleville and Eldorado Kailroad Company 485
An act to amend the charter ■ f the Belleville and Southern Illinois Railroad, approA'ed February 14 1857. 487
An act to incorporate the Chicago and Evanstou Railroad Company 487
An actio in. 'orporate the Chicago and Alton Kailroad ComiJiuiy 4^9
An act to incorporate thi Fulton I Mty, MoU'it Carroll and Freepnrt Railroail Company 493
An ac' to amend an act entitleil "An act to incorporate the Highland and St. Louis Railroad." 496
An act to amend the charter of the lllinoia,^iai|l)ern Railroad Cfompauy 496
^iaJimUjei
CONTENTS. 7
RAILROADS:
An act to amend an act entitled "An act to construct a railroad from Joliet to Chicaso " approved Fth^°^'
ruary lo, lSo5 ^ ' i !""»<=" ^cu
An art to amend an act entitled "An act toconVtruct a Vailroad fromJackson;ille,' in 'Morgan county' to
Alton, m Madison count.v," approved February 15, 1S51, and other acts amendatory thereto ' 408
An act to extend the time for completing the Indiana and lllii ois Central Kailway 4119
An act to amend an act entitled "An act to incorporate the Kenosha and Kocl£ Island ■Railroad Compa-
ny," jiassed January 20, 1S07 ^ ^yjiiiiJa
An act to amend an "Ct eniitled "An act to inorporate Ihe'lNIissi'ssippi and Waliash Rail'road Company'"
aiiproved ieliruavy ]0, 1853, and an act amendatory thereof, approved February 24 ls59 , 500
An act to incorporate the Maitoon and Decatur Railroad Company ' ^ai
An to incorporate tlie Monticello Railroad Company t.l
/ n act to incorporate tlie JlcLean County Central Branch Railroad Company tiw,
An act to incorporate the Ohio and Mississippi Railway Company, and for other'purpo'ses 50S
An act enti led an act to amend "An act ,0 amend an aci incorporating the Pike County Rail'road Co'm'-
pany, approved h ebruary 14, ls5( ,„„
An act to incorporate the Paris and Decatur Railroad Company .'.'.'.'.".".'.'.'.'.'.'.'.■.'.'.'.■.■ .■.'.■.■.' '.'.''■.■.■ 5^9
n S f. ;Tf ; . r .''"'f^'^'^ "An act to incorporate the I'etersburg and Tonica Railroad Company " 512
n act to perfect the title of the purchasers of the Pittsburg, Kort Wayne and Chicago Railroad and to
enable them to form a corporation, aod defining the powers and duties of such corporation 'STi
ap^1overpJm-u",Ts49'^'.'.'^!' '!' '° incorporate the Peoria and Oquawka Railroad 'Com'pany',"
An act to incorporate the Pekin, Lincoln and Decatur" Raiiroad'Co'mp'an'y k]q
An act to regulate the sale of the Quincy and Toledo Railroad and to authori'z'e'the't'ransfer'of 'its'fran-
chises to the purchaser ui no n «u ^
[ititled "An act to incorporate the "Rock'isiand'a'tid 'Alton 'Railroad 'Coi'n'pany'" %
.hjibitan-s of he townsiiip ot Sycamore, in D.Kalb county, to subscribe to tlie "
nd Con land Haihoad Company kca
A
chises to the purc..„„^ ^
An act to amend an act entitled "An act to in'c'o'rpo'r'ate'tii'e 'llock 'is'land 'and 'Alton 'Railr'oad 'Com'pany'" t^2
An act to authorize the ii]h;''>'''^'>-= "f 1^.. •« i,:.. ... cj _ , c^ ^_,ullllJalJ^ . 0..4
stock of the Sycamore and „„.,..,..„ i,„„, ^.i,. v.jiii,.i.iiy cn^
An act to incorporate the Shawn, etown and Eldorado Railroad Company K,f|
^"approvedTebru", 185 "!'. .".^° ':' '°. '--'I--''^ "^ ^«P"-=field'and' 'Pana'Riaii.iad'^mpany',"
An act to perfect the title of the purchasers of the Terre Haut'e', "Alton 'and'st/L^uis ■Rai"lroad" 'and't'o ena- ^^
such conloi'at^ln""''. '"A^.' .'■°':'/;.'°".' "" '"™ ^ «'"-l'°^"^"«". ^"^ defining the rights and duties of
An act t,> authonze l.he Board" of Supen'i'so'rs'of'jlarshal" county" t"ok;y"a"s^
bonds issued by said county to the Western Air Line Railroad Company pui<-nase ceitam
RELIEF, ETC : f ' *
An act to make a certain appropriation .
An act for t he relief of .Morris Lindsay, postmaster of Springfield ???
An act for the relief of J jimes Michie °-^^
J n act. for the relief of Edmund Sowers .'.'.'.'. ^^^
An a ttoprovi,lefor paying amount due Andrus's.' 'st'o'ne/ "f;"r'l"mi"i;iin"gbridg;" across "t"h"e" "kankak'ee
river, at AV.lmington, under "An act to authorize the tow.ls and townships therein named to itvv and
collect moneys, and expend the same m building a bridge across the Kankakee river, at Wilmh'4n "
approved bebruary loth, A. D. 1S55 > "=',«"' "umuigiun,
An act for the relief of Frank Talbert "^
An act for the relief of William Wheeler . . . .' ^^^
An act for 1 he rel ief of the Litchfield Sc'hool District ,' 'in the 'c'ounty "o'f" "i\'l'o'n't'-'o'merv ?< t
An act for the relief of William M. Dustin ■' i."^^
ROADS; ' ' '' '^^
An act to extend a road (herein described, in the county of Adams
An act to locate a state road from Jeffersonville. in Wayne county,' to 'a ibiu'n" " in 'idwar'd^ count v K,n
An act to relocate a part of a certain state road thai-ein mentioned ' ^''^^"'•^'^°""ty 540
"^"^hl^l'L^'f ''*f- *"".* *^"f'^';"^'? ^ stote >-«ad from a point in the Vincennes and " Ch'i'c'ag'o r^iad 't'o a'p^int'i'n
the road leading from Paris, in Edgar countj^ to Springfield 10 a point m
'^"and' Jackson ^""^ establish certain state roads therein named, throughthe'c'o'unt'ies'of Pe'rr'y,'R'a"ndol'p'h
An act legalizing a certain public road therein named .y. ........[... ......'. ^?
RUSSELL, ABRAHAM: TITLE, ETC:
An act to confirm the title to real Cbtate in Wabash, in Abraham Russell and others m^
SCIENTIFIC AND LITERARY SOCIETIES:
An act to incorporate the Adams County Medical Society
An act to incoiporate the Illinois Astronomical Society '.' ^°
An act to consolidate certain societies and to incorporate the Be'lieyi"l'le"saen^erbund 'ami 'r'i'hVaVV «!VV;i; ' ^o
An act for the en.ourageraeiit of the Chicago Historical Society --len^erbund and Libiaiy Society 548
An act to incorporate the Galena Library Association ... ^^\
An act to incorporate the Illinois Natural History Society ?'?,
An act to incorporate the Met ropolis Library Association and" Historical' So'c'iety S»
An act to incorporate the German Library Association of the city of Peoria liX
STATE SAVINGS INSTITUTION-
An act to incorporate "The Slate Savings Institution.".
TOWNS :
555
An act to vacate the town plat of America, in Pulaski county
An act to incorporate the town of Ashley, in M'ashington county 5^
An ac^ to vncate a certain street, alley and lots therein named, "in the't'o'wn'of 'Bi'nghani'nt'on "Lea 'r'n'n'ni^ ^^7
Ati act to incorporate the town of Cambridge, in the county of Henry and state of liS ' " '^ ^2l
An acttoin orporate thetownof Carrollton,. .. 01 iuiuois 5o7
An act to change the name of the town of Aamden, in Logan' coun'ty; 'and ti'in'c'orpoi-a'te'tlie same ^
nfp nl ^^"'r'" -'r-'"™""'"""^''"" °^ "''''"™" °^ Chandlerville, Cass county, IllinoL and "0 exiend
the powers of said incori)oration • ' •""""'*) """ lo e.xtena
An act to incorporate the town of Chillicothe, in the coun'ty' of "Peoria" 'and"s't'a'te'o'f'l'lii'n'oi's ^-l
^of^irtortrthiroVcrn^'ut.^"''^'."""''^^^^
An act to amend an act entitled "An act to authorize the drainage 'o'f 'I'a'nds in't'h'e 'townships therein m;nl ^^^
b CONTENTS.
TOWNS : PAGE.
tioned, and to construct roads therein," approved June 23rd, A. d. 1S52 587
An act to amend an act entitled "An act to incorpoi-ate tlie town of Danville," approved February 15,
1S55 588
An act to vacate certain blocks, lots, streets and allej's in the town of DuQuoin, in Perry county 589
An act to incorporate the town of DuQuoin 590
An act to incorporate the town of DeKalb 59S
An aci 10 amend an act eniiiled and "Anac to incorpora:e the town of Dunlei h," and for o herpurpoes tilO
An acD to incorporate ihe lown of Effingham <ill
An aci to amend anact enlitled 'An act ta incorporate the town of Elizabelhtonn, in Hardin county.. 617
An act to amend an net entitled "Anact to incorporate the town of Eureka." 617
An act to incorporate the town of Elk Hait City 61S
An act to incorporate Ihe town of El Paso 625
Aii act to authorize ttie inhabitants of the town of Galatia to incorporate under the general 1 iws 630
Anact entitled an act to vacate the town jilat of the town of Gerraantown, in the county of La Salle.. .. 631
An act for the relief of the ii;haliitants of township ten south, of range nine east, in Gallatin county. . . . 631
An act making an act entitled "An act incorporating the town of Jersey ville," approved February 14th,
A. D. 1855, a|iplical)le to the town of Granville '. 631
An act to establish the town of Hydepark, in Cook county 632
An act to uicorpprate the town of llarri.sburg, Saline county, Illinois 636
Anac t granting a new charter to the lown of lUinoistown 646
An act to amend the charter of the town of JersL-yville 660
An act to amend an act entitled "An act to change the name of Kankakee Depot and Bourbonnais, as
applied to the Cimnty seat of Kanuakee county, to Kankakee City, and to incorporate said town," ap-
proved February 15, A. d. 1S55 660
An act to amend an act enlitled "An act to incorporate the town of Keithsburg," approved February 16,
1S57 675
An act to amend an act entitled "An act to incor|iorate the town of Lincoln," approved February S, 1S57 676
An act to further amend "An act to incorporate the town of Lewistown," approved February 16, 1S57. . . 67S
An act to incorjxirate the town of Lane 673
An act to incorporate the town of Metamora, in the county of Woodford, and to legalize ihe election for
town officers therein 690
An act o amend the charier of Marengo, in McHenry county 691
An aci for levying a lax in townsliip two south, range eleven west, in Monroe county 692
An act to incorpora'e the town of .Mount Vernon 693
An act .0 incorporate the town of Milton 697
An act. to incorpora'e Ihe town of JIarsailles 69S
An act to amend an act en iiled "An act o incorp irae the town of Ma' toon," appro led February 22, 1S59 708
An act 10 incorporate the lown of Mancheser, in ihe county of Scoit 706
An act. to vaca e the town pla' of Old Caledonia, in Pulaski county 715
An act to amend the town charier of the town of Pana 715
An ac further to amend an act entitled "An act to extend ihe corporate powers of the town of Prince-
ton," approved February 18, A. D. 1857 715
An aci toincorporate ihetuwn of Pinckneyville, in Perry county, and sati of Illinois 716
An act to extend ihe limits ol Shelbyville, and loau horize said own to use he county jail 717
An act to vacate certains reels and alleys in he town of Shelbyville, Shelijy county 717
An act to vacate aceraiii alley in 'he town of West Salem 718
An ac to vaca'e ihe town plat of he town of Sumner, in McHenry county 718
An act, to incorpora e the town of Shettitld, in Bureau county and s.ate of Illinois 718
An act to vaca e a certain street and alley in the town of Tamaroa 723
An act to legalize the survey of the own of Teutopolis, in the county of Effingham 723
An act 10 confirm to George Cat tell and Calvin Stevens he leases of cer ain lands in Tiskilwa 723
Anact entitled an act to vacate Liberty Square in the. own of Tiskilwa, in the county of Bureau, state
of Illinois 724
An actihe betterto provide for he incorpora ion ofihe town of Tuscola 724
An act to amend an act enti led "An act to incorpora e the own of Vernion ," approved February 13, 1857 730
An act 10 amend an act enti led "An act lo incorporate ihe town of Virginia, in ihe county of Cass, and
sla eof Illinois." 731
An act to legalize the incorporaii-in of the town of Versailles, in Brown county, in ihe s'a'e of Illinois .. 732
An act to vacate cer ain strees and alleys in the town of Vandalia, iherein named, and other purposes,
and to vacate public square in IluntsuUe, Schuyler coun y 732
An act to incorporate the lown of Virden 733
An act for the relief of the town of Whi e Hall 734
An act to legalize the second survey of the town of Wapella, in DeWitt county, Illinois 734
An act to amend "An aet to incorporate the town ot Warren." 735
An act torejieal the fourth section of article twelve of "An act to reduce the act incorporating the city of
Warsaw and the several acts amendatory thereof in one act, and to amend the same." 780
An act relating to tleittions in tlie town of Waterloo, in Monroe conntv 737
An act authorizing the town of Wilmington and other towns to raise a tax for the improvement of the
Kankakee river 737
An act to extend the corporate limits of the town of Winchester 739
An act to repeal an act therein named, and for other purposes 740
An act to incorporate the Tribune company 740
TRUSTEES ILLINOIS AND MICHIGAN CANAL:
An act to authorize the trustees of the Illinois and Michigan canal to enter into certain agreements therein
specified 742
TURNPIKES:
An act to incorporate a turnpike or macadamized road, from Perry, in Pike county, to the Illinois river,
opposite Naples 743
An act to amend "An act to in''ori)orate the St. Clair County Turnpike Company," approved February
13, 1847, andthe various amendmentsthereto 745
An actio authorize the county court of Monroe county to subscribe to the cftpital stock to the AVaterloo
and Carondelet Turnpike and Ferry Company 743
PRIVATE LAWS.
ACADEMIES AND COLLEGES.
AN ACT to incorporate the Bloomingdale Academy. In force Febi-uary
Section 1. Be it enacted ly the Feoj^le of the State of
Illinois, represented in the General Assemhly, That Erasmus
O. Hills, Cyrus H. Meacham, Kowland Eathbun, Hiliman '^'^^^^^ °f t^^^
S. Hills, B. F. Meacliam, Lewis E. Landon, Stephen Elhs, ' °'^*
Captain E. Kinney and S. P. Sedgwick, and their successors
in office, be and are hereby created a body politic and cor-
porate, under the name and style of "The President and Trus-
tees of the Bloomingdale Academy," and by that name and
style to remain and have perpetual succession. The said
academy shall be and remain in or within one-half mile of
the town of Bloomingdale, in the county of DuPage, and
state of Illinois. The number of trustees shall not exceed
nine, one of wdiom shall be president and another secretary
of the board, to be chosen by the trustees; and under the
above name and style shall have power to make contracts ; corporate powers
to sue and be sued; to plead and be impleaded; to answer
and be answered unto in all courts and places ; to grant and
receive, by its corporate name ; and to do all other acts as
natural persons may or could do ; to accept, acquire, purchase
or sell property, real, personal or mixed, in all lawful ways ;
to use, employ, manage and dispose of all such property and
all moneys belonging to said corporation in such manner as
shall seem to the trustees best adapted to promote the objects
of education; to have a common seal, and to change and
alter the same at pleasure; to make such by-laws for its
regulation as are not inconsistent with the constitution of
the United States and of this state ; to confer on such per-
sons as may be considered worthy such academical or hono-
rary degrees as are usually conferred by similar institutions.
2—
10
A0AJ5EMIES AND COLLEGES.
Course of study. § 2. TliG ti'iistees of sRid incorporation shall Lave
authority, from time to time, to prescribe and regulate the
course of studies to be pursued in said academy; to lix the
rate of tuition and other academical expenses ; to ap])oint
instructors, and such other ofiicers and agents as may be
necessary in managing the concerns of the institution, to
define their duties, to fix their compensation, to displace
and remove them; to erect necessary buildings, to purchase
books, chemical and philosophical apparatus, and other suit-
able means of instruction ; to make rules for the general
regulation of the conduct of the students, and to make and
pass such ordinances, rules and by-laws as they may deem
necessary and expedient.
Vacancies. § 3. Tlic trustces, in Order to havc pcrpctual succcssion,
shall have power to fill all vacancies which may occur in
said board, from death resignation, or from any other cause.
A majority of the trustees shall . constitute a quorum to do
business.
Treasurer. § 4. It shall bc tlic duty of the board of trustees to
appoint a treasurer to the board from their own number or
from the stockholders, who shall be required to give bond,
with sufficient security, as the board may prescribe, condi-
tioned for the performance of such duties as the by-laws
may require of him, and to hold his office for such time as
the by-laws may prescribe.
§ 5. The sole ol)ject of said institution shall be the pro-
motion of male and female education, and shall be open to
all denominations of christians; and the profession of any
particular religious faith shall not be required of those who
become teachers or students of said academy. All persons,
teachers or students, whose habits are idle or vicious, or
whose moral character is bad, or who refuse to obey the
rules of the institution may, however, be suspended or
expelled from said academy by the trustees thereof.
§ 6. The lands, tenements and hereditaments, to be held
in perpetuity by virtue of this act by said corporation, shall
not exceed ten acres.
Shares of stock. § T. The stoclv of Said company shall consist of shares
of ten 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 ot
trustees shall prescribe. The capital stock of said company
shall not exceed twenty-five thousand dollars, and its funds,
rents and privileges shall only be used for the purposes of
education, as herein declared: Provided., that two-thirds of
the stock, by vote of the holders of the same, may at any
time direct the dissolution of said corporation and the selling
of its property; in which case the proceeds of such sale shall
be equally divided among the shareholders, according to their
shares.
Obedience of the
pupils.
ACADEMIES AND COLLEGES. 11
§ 8. The beforementionecl corporators shall be deemed trustees,
trustees of this incorporation until their successors are elected
and qualilied; and the board of trustees shall so arrange
their number, by lot or otherwise, that three shall go out of
office at the end of the lirst year — three at the end of the
the second year, and three at the end of the third year ; and
they are authorized to appoint all necessary agents and
officers, which offices shall expire at such time as the by-laws
may prescribe.
§ 9. All deeds or instruments of writing, for the convey- Deeds'and instru-
ance of real estate to the said corporation, shall be made to
" The President and Trustees of Bloomingdale Academy,"
and their successors in office, for the use of said academy; and
all deeds and conveyances of land from said corporation shall
be made by a majority of the trustees, sealed with the seal
of the corporation, if they have a public 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 for the election of trustees shall be on ^1^^^^°^ °^ t*""^-
the first Monday of October, a d. 1859, and on the first
Monday of October 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 secretary
to giv'e ten days' notice of such election for trustees, or other
officers, by posting up notices in at least three public places
in the town of Bloomingdale and vicinity, of the time and
place of holding the same; and each stockholder shall be
entitled to one vote for each share of stock he may own; and
the above named trustees and their successors, or any three
of them, shall preside as judges of said election, and shall
certify the same ; which certificate shall be filed in the office
of the secretary of the board, and, when so hied, shall be
sufficient evidence in all courts and places in this state of
the election and qualification of said board of trustees.
Such election shall be by ballot and by a majority of mem-
bers or stockholders present; but a failure at any time to
elect trustees on the day herein named, shall not work a
forfeiture of this corporation, and in case of such failure all
qualified trustees shall hold their office until their successors
are elected and qualified.
§ 11. All property, of whatever kind and description, ^p^,t,pert7'^from
belonging or appertaining to said academy, shall be and taxation.
forever remain free and exempt from all taxation for any
and all purposes whatever. The amount of property so
exempt, not to exceed twenty-five thousand dollars.
§ 12. There shall be attached to said academy a depart-
ment, in which shall be taught such branches as are usually
taught in common schools; and the trustees of said academy
shall receive from the school treasurer of the town such,
amount and proportion of the common school fund as is
received by other common '^'^HiiUMfflS'^lf tflAHT.
12 ACADEMIES AND COLLEGES.
comply with the laws regulating common schools; in which
case the school directors of district No. seven, (7,) in town-
ship forty (40) north, range ten cast of third principal meri-
dian, shall cause to be levied u])(»n the total property of said
district, in two years, a tax of two thousand dollars, (s2,000,)
for tlie purpose of erecting buildings to accommodate said,
school, and shall dispense with any other school in said dis-
trict; and said directors shall represent said stock in all the
meetings of the stockholders of said academy ; and said
academy shall be the district school of said district No.
seven, (7,) and shall be entitled to all the privileges and
immunities of other school districts under the common
school law; and the school directors, with tlie trustees of
said academy, shall have the appointment of the teachers,
and said directors shall certify all schedules kept according
to law.
Kiection in the § 13. The legal voters of the town of Bloomingdale ma}^
S^Je! ^'°°'""' vote at their next annual town meeting "For Academy," or
"Against Academy," by indorsement on their ballots. If a
majority of those voting on the question vote "For Academy"
the moderator and town clerk shall certify the same to the
county clerk of Du Page county; and the trustees of schools
for township forty (40) north, range ten (10) east of the
third principal meridian, shall certify to the county clerk of
Du Page county, on or before the first day of July, follow-
ing such vote, the amount necessary to be assessed upon
the taxable property of said town of Bloomingdale, not to
exceed seven mills on the dollar for one year, and for not
more than two years; and said county clerk shall compute
said tax, which shall be collected as county taxes are by law
collected, and, when collected, shall be by the collector paid
over to the township treasurer of said township, and shall
be by him paid out on the order of the president and secre-
tary of the academy, for the puipose of erecting suitable
buildings for the use of said academy ; and said trustees of
Assessment of the scliools shall causc sucli tax upou tlio property of said town
taxes. ^^ Y)Q assessed, annually, as will be necessary to defray the
expenses of teachers' wages, fuel, and other incidental
expenses in said academy, by certifying the same to the
county clerk, who shall cause the same to be computed and
placed upon the tax books of the town, and collected as
other school taxes are, and paid to the townsliip treasurer,
and by him placed to the credit of said academy fund.
The teachers in said academy shall be examined and quali-
fied by the school commissioner of Du Page county; shall
keep schedules, and shall return the same as districts are
required by law to do ; and the trustees of schools shall
ap])ortion to said academy, upon said schedules, at each of
their regular meetings, according to the grand total number
of days taught, their pro]->ortion of the town, county and
state funds, the same as thpugli said academy were one of
ACADEMIES AND COLLEGES. 13
the school districts of said township forty north, range ten
east of the third principal meridian; and said academy shall
be open to all the inhabitants of said town who may wish
to attend the same, and shall condnct themselves according
to the rules established by said academy.
This act is to be in force from and after its passage.
Approved February 22, 1861.
AN ACT to amend "An act to incorporate the Colleges therein named," and In force February
the acts amcndator}* thereto. 20, 1S61.
Section 1. Be it enacted hy the People of the State of
Illinois^ 7'epresented in the General Assembly^ That the act intoxicating u-
entitled "An act to incorporate colleges therein named," '^''°""
approved Februar^y 9th, 1835, and the several acts amendatory
thereto, be and the same are hereby amended, as follows,
to wit : That no gambling establishment, liquor or beer
saloon, or any place, of any kind, for the sale of malt or
spirituous hquors, as a beverage, nor house of ill fame, shall
be allowed within the distance of one mile from the coUeo-e
buildings at Upper Alton, known as Shurtleff College:
Provided^ that this act shall not be so construed as to extend
into the city limits of the city of Alton.
§ 2. Any person who shall open or keep or be in any ^'P^^ ^^^ p^^^i-
w^ay connected with such establishments, within the limits
hereby provided, shall be liable to action, before a justice's
court, upon complaint of any three members of the board
of trustees of said college, and, upon conviction, shall be
fined twenty-five dollars for the first ofiense, with costs of
suit; and for every subsequent offense fifty dollars and costs,
and upon failure to pay such fine, shall be imprisoned in the
county jail for any time, not less than ten days nor more
than ninety days, at the discretion of the court. Said fines,
when collected, to be paid over to the treasurer of the col-
lege, to be used for the current expenses of the college.
Approved February 20, 1861.
AN ACT to incorporate the Decatur Seminary. In force February
22, 1861.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the Genercd Assemhly, That the
rector, wardens and vestry of St. John's Episcopal Church,
at Decatur, Macon county, Illinois, and their successors in
14 ACADEMIES A^i) COLLEGES.
office, be and they are hereby created a body politic and
Corporate name, corporutc, by the iianic and style of " The Decatur Semina-
ry ;" and by that name they and their successors shall have
perpetual succession, with power to contract and be contract-
ed with, sue and be sued, plead and be impleaded ; to re-
ceive, acquire, hold, transfer and convey property, real, per-
sonal and mixed, for educational or charitable purposes only;
may have a common seal and alter the same at pleasure.
§ 2. The object of this corporation shall be to establish,
support and maintain a school or schools for teaching any or
all of the branches of education.
Corporate pow- § 3. Tlic iucorporators and their successors shall have
"^' power to make all needful by-laws, rules and regulations
for the purpose of carrying into effect and supporting and
maintaining the objects of the corporation, and are hereby
invested with all the rights, powers, privileges and immuni-
ties, with the privilege of exercising the same in the man-
ner therein specified in an act entitled "An act for the incor-
poration of benevolent, educational, literary, musical, scien-
tific and missionary societies, including societies formed for
mutual improvement or for the promotion of the arts ," ap-
proved February 24th, 1859, or of any amendments which
may be made thereto.
Exemption of pro- §4. Any real cstatc acquircd by this corporation within
rion.^^'°"''''^^ the city limits of Decatur, not exceeding ten acres, and held
for the uses and purposes of the corporation, as well as per-
sonal property for the same purposes, shall be exempt from
all taxation.
§ 5. This act shall be deemed a public act and be in
force from and after its passage.
Appkoved February 22, 1861.
In force February -A.N ACT to incorporate the El Paso Academy.
20, 1861.
Section 1. Be it enacted hy the People of the State of
lllinios, represented in the G-eJieral Assembly, That, for
purpose of establishing and maintaining an institution of
learning, of a high grade, at the town of El Paso, in the
county of AV^oodf(.)rd, (-rcorge L. Gibson, Robert A. McLel-
lan, Samuel L. Kerr, Wilber II. Boies, and John II. Gaston,
and their associates and successors, are hereby constituted,
Corporate name, a body Corporate, by the name of "The El Paso Academy,"
with perpetual succession and power to sue and be sued,
either at law or in equity ; to have and use a common seal,
and alter the same at pleasure ; to take and hold real estate
and personal property, by gift, grant devise or purchase, and
ACADEMIES AND COLLEGES. li
to rent, lease, sell, convey or in any way dispose of the
same, according to the by-laws of said incorporation.
§ 2. Tkustees.— The live persons above named shall shares of stock.
constitute the first board of trustees of said academy, and
shall cause books to be opened at the town of El Paso,
within three months from the passage of this act, for sub-
scription to the stock of said academy, in shares of fifty dol-
lars each. That so soon as the sum of five hundred dollars
shall have been subscribed, the said trustees shall call a
meeting of the stockholders herein, who shall proceed to
elect a board of trustees, to consist of not less than five nor
more than nine stockholders — the number to be determined
by a vote of the stockholders present ; which said trustees
shall continue in ofhce until their successors are elected.
§ 3. Meetings. — There shall be an annual meeting of
the stockholders in this incorporation on Friday after the
fourth day of July, in each year, for the purpose of trans-
acting of business, and to elect trustees for the ensuing year;
to which meetings the trustees shall make a report of the
general condition of the academy, setting forth, particularly,
the character of the instruction imparted, the number of
teachers and pupils, and the financial condition of the incor-
poration.
§ 4. Yotes. — At all meetings of the stockholders each
stockholder shall have one vote for each share of stock he
may hold in said corporation.
§ 5. Speciai. Meeting. — The trustees, or any ten stock-
holders, may call stockholders' meeting, by giving five days'
notice thereof.
§ 6. The principal buiklings, or the site of the same,
shall not be sold by the trustees, without the consent of
three-fourths of all the stockholders, counting by shares, in
said incorporation.
§ 7. The trustees shall have power to appoint and for
good cause dismiss all such professors, teachers, officers and
servants of the academy, as the by laws may designate ;
and, also, to confer upon such students as are properly qual-
ified the degrees usually conferred by such institutions in
this state.
§ 8. Profits. — The rents and profits arising from the
real or personal property, tuition fees or other sources, after
paying all expenses and liabilities of the said incorpoation,
may be divided among the stockholders, according to the
number of shares held by each,
§ 9. Sai.e of Property. — The trustees, with the consent
of three-fourths in interest of the stockholders, may, at any
time, dispose of site and buildings of the said academy to
the directors of the school district in which it is situated or
the united boards of directors of the neighboring districts,
for the purpose of forming a union school, under the laws
of this state ; and in case of a sale, for that or any other
IG ACADEMIES AND COLLEGES.
purpose, the proceeds of said sale shall be divided, ^j>/'6> rata,
among the stockholders.
§ 10. By-Laws. — The trustees shall have power to make
suitable bj-laws for the regulation of the business of the in-
corporation, and the proper conducting of the said academy;
by which they may designate the number and names of the
necessary officers of the incorporation, also the number and
qualilication of the several professors and teachers, and re-
gulate their com]}ensation, and the amount of the tuition
fees to be charged, and the course of study to be pursued;
also provide for the dismission or other punishment of re-
fractory students.
§ 11. Exemption. — Tlie property, both real and personal,
belonging to the incorporation, shall be forever exempt from
taxation : Provided., that this section shall not extend to
more than twenty -five thousand dollars in value of personal
property, nor to more than forty acres of real estate.
Approved February 20, 1861.
In force February AX ACT to amend an act and the amendments thereto, entitled "An act to in-
21, 1861. corporate the IlUnois Liberal Institute," approved February 15th, 1851.
Section 1. Be it enacted hj the People of the State of
Illinois, represented in the General Assemhly, That any
Endowments. property wliicli may hereafter be donated to Lombard Uni-
versity, either real or personal, by gift, grant, bequest or
otherwise, for the endowment of professorship, or for any
specific purpose, in connection with the objects of said uni-
versity, shall be by the board of trustees faithfully so ap-
plied and appropriated, as in their judgment will most ef-
fectually carry out the conditions of such gift, grant or be-
quest.
Conferring of de- §2. Tlic prcsidcnt of the uuiversity sliall havc power to
^''''^^' confer such degrees and grant diplomas, in such form as
may be approved by a majority of the faculty and of the
board of trustees ; and such diplomas shall be signed by the
president of the university and by the secretary of the trus-
tees, and shall have affixed thereto the seal of the universi-
ty ; and that all the acts of the body heretofore acting as a
board of trustees of said university or of the Illinois Liberal
Institute be and the same are hereby legali/;ed and declared
valid in law.
§ 8. That section five of amendment to the aforesaid
act, approved January 2Gth, 1853, and section six of amend-
ment to the aforesaid act, ap])roved February 14th, 185Y, be
and the same are hereby re])ealed ; and anything in the act
to which this is an amendment, conflicting herewith, is here-
ACADEMIES AND COLLEGES. 17
by repealed, and this act shall be a public act, and be read
in evidence, without being specially pleaded ; and shall be
in force from and after its passage.
Approved February 21, 1861.
AN ACT to incorporate the Lockport Seminary at Lockport, Will county.
In force February
Section 1. Be it enacted oy the People of the State of 22, isei.
Illinois^ represented in the General Assembly^ That Hiram
Norton, William Gooding, Geo. B. Martin, Robert Milen, corporate name.
Geo. Gaylord, John Heck, Chas. E. Boyer, Chas. Gass, and
John B. Preston, and such persons as are or may hereafter
be associated vp'ith them, and their successors, are hereby
constituted a body corporate, by the name of " The Lock-
port Seminary," for the purpose of establishing and main-
taining a seminary of learning in or near Lockport, Will
county, Illinois, for males and females ; with power to have
a seal ; to sue and be sued, plead and be impleaded ; to take
and hold real estate and other property, by purchase, gift,
grant, devise or otherwise ; to lease, convey and dispose of
the same, for the effecting and furthering of the purposes
aforesaid.
§ 2. The estate, property and financial concerns of said Amount of pro-
corporation shall be managed and transacted by a board of ^^^^^'
not less than five nor more than [nine] 9 trustees, to be
elected by the stockholders hereinafter mentioned.
§ 3. The persons named in the first section of this act Board of trustees,
shall constitute the first board of trustees ; and they shall
continue in ofiice until their successors shall be elected by
the stockholders. Said trustees shall appoint the teachers
and officers and arrange the course of instruction in said in-
stitution, and determine the general manner of Conducting
said school.
§ 4. On the second Wednesday of August, 1861, and on Annual election.
the same day of each year thereafter there may be an elec-
tion of five trustees, who shall hold their offices until their
successors are elected. Such election shall be by ballot and
by a majority of stockholders present.
§ 5. Said corporation may have a capital stock of capital stock.
$20,000, divided into shares of $50 each ; and the subscrip-
tion to the same shall become binding, when $5,000 shall
be taken ; and shall be payable in installments, as said trus-
tees may, from time to time, direct. And any subscriber
failing to pay any installment or installments required shall,
at the option of said trustees, forfeit his claim to said stock
and all payments thereon. Said trustees may increase the
capital stock to $100,000, if deemed by them necessary to
carry out the purposes of this corporation.
—3
18 ACADEMIES AND COLLEGES.
Sending of pupils | Q^ Aiij pei'son holding one or more sliares of said
> » ot 0 ers. ^j^pj|.^| stock sliall be a member of this corporation, and en-
titled to one vote for each share of stock by him held, on
which all installments required by said trustees shall have
been paid. Each stockholder sending a pupil to said insti-
tution shall be allowed a deduction of ten per cent., annual-
ly, from the established prices of tuition, to be deducted,
pro rata, from the tuition for each term. Said stockholders
shall be, also, entitled to such dividends on their stock as the
trustees may, from time to time, declare thereon.
§ 7. The trustees shall choose their own officers and
make their own by-laws, and may fill any vacancy in their
body, by appointment of qualified persons, until the next
election.
Aiuiuai report. § 8. The trustccs, at each annual election, shall make
and submit a report to the stockholders of the state of the
institution and its finances, with an inventory of its proper-
ty, and declare such dividends, from the net proceeds and
profits of its receipts or business, as the state of the finances
of said institution may warrant : Provided., that no such di-
vidend shall ever be declared or made where its payment
would embarrass the finances or efficiency of the institution.
Taxation. § 9. Tlic property of said corporation, both real and per-
sonal, shall forever be and remain free from taxation.
Lease of school § 10. The board of directors of school district ISTo. 6, town
36 north, range 10 east, (Lockport,) are hereby authorized
to lease to the board of trustees of the Lockport seminary,
for such rate and length of time as they may deem just and
proper, the upper story of the school house in said district:
Provided, a majority of the legal voters, voting at any elec-
tion *in said school district, cast their votes in favor of so do-
ing ; and that the sum or sums so paid shall be used for the
support of public schools in said district.
§ 11. This act is hereby declared to be a public act and
shall be in«force from and after its passage.
Appkoved February 22, ISGl.
house.
force April 24 AN ACT to amend and additional to the act entitled "An act to incorporate
18C1. the Lind University," approved February ISth, 1857.
Section 1. Be it enacted hy the J^eople of the State of
Illinois, represented in the General Assembly, That the
RHiabiishmcnt of board of trustccs of said university be and they are hereby
'cTde^artnTcnt' autliorizcd to ostablish and carry on a legal and medical
department, or either of them, at their option, in the city of
Chicago, in Cook county, or at Lake Forrest, in Lake coun-
ty, as may in their judgment best subserve the public inte-
rest and convenience.
ACADEMIES AND COLLEGES. 19
§ 2. The said board are also authorized to increase their Board of trustees,
own number so as to constitute a board of 24 trustees, with
the right to elect the additional members from any of the
states adjoining the states of Illinois or Wisconsin ; but the
removal of any member of the board from the state of his
residence, when elected, shall be deemed equivalent to a
resignation of his trust, and the board may proceed regularly
to fill such vacancy.
§ 3. The following rules and regulations shall become I'^liies and reguu
parts and parcel of the constitution of the theological depart-
ment of said university :
First — Any presbytery, in connection with the body gen-
erally known and designated as "The IS^ew School General
Assembly of the Presbyterian Church," in the states of
Michigan, Indiana, Illinois, Iowa, Missouri and Minnesota,
together with the territories adjacent thereto, shall be enti-
tled to send their commissioners to meet in consultation and
to co-operate with the trustees of said university in the
aifairs and management of the theological department there-
of as follows :
Second — The presbyteries aforesaid designing and intend- ^|res\^yte*rieJ* "^
ing, in good faith, to co-operate in this enterprise or theo-
logical school, may select, appoint, commission and send,
each ye^r, commissioners, on the principle of representation
observed in the election of commissioners to their own gen -
eral assembly. ^
Third — Such commissioners, together- with the aforesaid ^^9^^^ ''' '"*'™<^-
board of trustees, shall constitute a board of theological in-
struction, to which shall be committed all matters pertaining
to the conducting of the theological department aforesaid,
except the control and management of the property belonging
to the same. This property shall be in the hands of the trus-
tees alone, and shall be used exclusively for the benefit of
the theological department, for which purpose it shall be
kept entirely separate from the funds and general property
of the university or other departments thereof.
Fourth — 1^0 professor in the theological department Tjieoiogicai pro
-L o J. lessors
aforesaid shall be elected or determined without a vote of
two-thirds of the members of the board of theological instruc-
tion, who shall be present at an annual meeting or at a
special meeting, duly called, the business of which shall
have been explicitly stated in the call.
§ 4. The seventh section of the act hereby amended shall ^elatlo^n**.'^^ ***"
be amended by striking out the following words or clause
thereof: "A majority of the owners in the Lake Forrest
association had, at any regularly called meeting of said asso-
ciation, and of;" the effect of which amendment is designed
to be in accordance with a resolution of the stockholders of
the Lake Forrest association, adopted March 24th, 185Y,
whereljy said association approved of the location of the
theological department of Lind University on the Lake
20
ACADEMIES AND COLLEGES.
Forrest ground, or at or near Chicago: whichever place shall
command a vote of three-fourths of the trustees of the uni -
versity.
Approved February 18, 1861.
In force February
22. 1861.
Trustees.
Term of office.
OflBcers of the in
stitution .
Oapilal stock.
AN ACT to incorporate the Metropolis College.
Section 1. Be it enacted hy the People of the State t
Illinois^ represented in the General Assembly^ That R. .A
Peter, W. K Brown, J. C. Willis, Wm. McBean, W. I
Brenner, J. S. Armstrong, W. C. Munson, Wm. H. Greeij
John W. Carmicheal and John Ferrell be and they ar
hereby constituted a body corporate and politic, to be stylrtx...
" The Trustees of Metropolis College," for the purpose ( ''
establishing and maintaining a male and female school, fo
educational purposes.
§ 2. That said trustees and their successors, by th'
above style, shall have perpetual succession, with powers tv
contract and be contracted with, to sue and be sued, and t"
receive, purchase, hold and transfer real estate.
§ 3, The persons named in the first section of this act
shall hold their offices until the first Monday in July, a. d.
1862, at which time their successors shall be elected by a
vote of the stockholders.
§ 4. Said board shall, at its first meeting in July, of each
year, elect, of its members, a president, a secretary and
treasurer. They shall have power to fill any vacancy in
the board until the next ensuing election after the occurring
of such vacancy.
§ 5. The board of trustees shall have power to select
and employ a principal or president, and such professors
and tutors as may be necessary ; to fix their compensation,
and dismiss any one of them, when required by the interests
of the school ; to establish separate male and female depart-
ments ; to erect suitable buildings for the school and to ])ro-
vide the course of study, and to confer graduating diplomas
and such other evidences of literary attainments as shall
tend to encourage thoroughness of scholarship.
§ 6. Said corporation shall have a capital stock of fifty
thousand dollars, divided into shares of fifty dollars each ;
and subscriptions to the same shall be binding when twenty
thousand dollars shall have been subscribed, said subscrip-
tions to be paid in installments of ten per cent, as often as
may be directed by a majority of the trustees, at any regu-
lar meeting.
§ 7. Any person having a certificate for one or more
: shares of said stock shall be a member of this corporation,
ACADEMIES AND COLLEGES. 21
and shall be entitled to one vote for each share of stock
owned by him upon which all installments due are paid.
Every stockholder owning two or more shares shall be enti- PupUs sent by
tied to send one pupil to said school for every two shares of ^**'*^'^*'°i<i«""5-
stock he may hold, and whenever the finances of the insti-
tution will permit, the said trustees are authorized annually
to make a deduction, not to exceed fifty per cent, of the
established tuition, in favor of the said stockholder who may
send one or more pupils to said school. The stockholders
shall also be entitled to such dividends as the trustees may,
from time to time, declare.
§ 8. There shall be a separate preparatory department. Preparatory de-
in which the common branches shall be taught ; also, a ^" ™^° '
separate classical and scientific department — all to be under
the charge and government of the president.
§ 9. The board of trustees shall have power to make all
needful by-laws for their own government, and shall provide
by-laws for the government of all the departments of the
school.
§ 10. All the property, real and personal, of this corpor-
ation shall be and forever remain free from taxation.
§ 11. That an amount of the state taxes, for the year Taxation in sup-
A. D. 1860, equal to the amount collected from the real and p°'^°^'=°"*'8®-
personal property in township 16 south of range 4 east of
the third principal meridian, is hereby set apart for the pur-
pose of erecting the main building of said college ; and
the collector of Massac county shall pay over the said
amount to the treasurer of said board, on order of the presi-
dent of said board, together with the affidavit of said treas-
urer and president that the said amount of taxes, when paid
over, shall be faithfully devoted to the purpose of building
said college and to no other purpose, and that no member
of said board shall receive any part thereof as compensation
or otherwise.
§ 12. This act shall be a public act and be in force from
and after its passage.
Approved February 22, 1861.
AN ACT to amend an act entitled "An act to incorporate the North-Western In force February
University." 1^> ^^^l-
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the "^1"^^% tlTi^
annual conferences of the Methodist Episcopal Church, ^ " " "^ "^^
which now are or may hereafter be authorized to elect or
appoint trustees of said university, shall hereafter elect only
two trustees each, who shall also be and perform the duties
of the visitors to said institution, and the place of the two
22 ACADEMIES AND COLLEGES.
trustees last appointed by each conference is hereby vacated.
The trustees elected by such conference shall hereafter hold
their- ofiice for two years, and until their successors are
chosen — the term of one elected b_y each of them expiring
annually. In case any conferences, having authority to elect
trustees, shall now or hereafter be divided into two or more
annual conferences, they shall each have -authority to elect
trustees. On the request of the board of trustees, made at
a regular meeting, any such annual conference may elect
trustees as herein provided.
§ 2. Any annual conference, electing trustees as herein
provided, having at any time refused to elect successors
thereto, or I'esolved to discontinue or refuse its patronage to
said institution, shall authorize the board of trustees, by'vote
of a majority thereof at any regular meeting, to declare
vacant the place of all trustees appointed by such conference,
and its right to appoint trustees shall thereupon cease.
Consolidation. § 3. Any cliai-tcred institution of learning may become
a department of this university by agreement between the
boards of trustees of the two institutions.
§ -Jr. This act shall take effect and be in force from and
after its passage.
Appkoved February 16, 1861.
In force February AN ACT to incorporate the Presbyterian Collet of Illinois.
Whereas the synods of Illinois and Chicago of the Presl)y-
terian church in ecclesiastical connection with the Gen-
eral assembly of the Presbyterian church in the United
States of America, known as the Old School, have deter-
mined and are desirous to establish, with such other syn-
ods as may associate with them, a university in the state
of Illinois, of the first order of literary instructions, un-
der a constitution for its government, to be adopted by
them, and have jointly appointed a board of directors,
with a view to its organization and endowment ; there-
fore, to enable the said synods to carry such their design
into e!ject,
SECTioisr 1. Be it enacted hj the People of the State of
Illinois^ represented in the Genei'ol Assembly, That all such
persons as now compose the board of directors, appointed
l)y the said synods, at their respective meetings, in October,
1800, their associates and successors, be and they arc hereby
created an si declared to be a body politic and corporate, in
law and i i fact, and shall have perpetual succession, by the
Corporate name, name au'l stylc of "The Presbyterian College of Illinois."
Corporate po-,v- §2. ihc board of dircctoi's of Said collcge shali 1)0 com-
, ^^^- posed of such members of directors, to be chosen at the time
ACADEMIES AND COLLEGES, 23
or times, and in the manner, and shall hold their offices for
the term or terms, as may be fixed and prescribed in the ^
constitution to be adopted by said synods, and the by-laws
and regulations adopted under it. And the said board shall
have power to meet at the time or times and exercise such
powers and authority as may be fixed and conferred upon
them by the said constitution and by-laws ; and said synods
are he;(^by authorized and empowered to confer such power,
jurisdiction and authority upon the said board of directors,
as to them may seem expedient, not rej^ugnant to the con-
stitution and laws of the state or United States ; all which
authority, power and jurisdiction, when so conferred, is
hereby declared to be vested in the said board, and such
other faculties, persons, servants, agents and employees as
may be provided therein, to all intents and purposes, as fully
f.nd completely as if the same were enumerated in this act,
§ 3, The said board of directors, under the said consti- ^,'|^"^^^°°f ^^^
tution and by-laws, shall have power to superintend and ness.
govern the said university or college ; to create different
departments in addition to the usual collegiate departments,
and prescribe courses of study, and maintain discipline and
government in each ; to elect and appoint such officers, pro-
fessors, instructors, agents, and others, as may be deemed
necessary, and as are provided for in the said constitution
and by-laws aforesaid ; and the said board may, by itself or i
the faculty of the college, as may be so provided in the con-
stitution and by-laws, grant to students in either of its de- confinning of de-
partments, or others, diplomas or honorary testimonials, and
may confer such literary honors and degrees as are usually
conferred by the highest literary institutions and colleges in
the United States, with like and the usual immunities and
privileges allowed by usage or statutes to like diplomas, hon-
orary degrees.
§ 4, The said corporation may acquire, take, hold, sell ^p'Jg'^g''e^g?,n ^"Jf
and convey, any kind of property, real, personal or mixed, property,
or choses, rights and interests, that may be bestowed upon it
by gift, grant, bequest, devise, or otherwise, howsoever;
and the same may be under such power, management and
control as may be provided in said constitution and by-laws ;
or in case no provision be made therein, the board of direc-
tors shall have full power and control thereof, in all respects
whatsoever, consistent with the true intent and meaning of
this act and the object contemplated therein. No gift, ^^if^l^^g^^"'' *""-
grant, devise, made to the college, for a particular purpose,
shall be applied to any other purpose ; and all such gifts,
grants, bequests or devises, and all the powers granted or
conferred in this act or the constitution and by-laws afore-
said, shall be liberally construed, in all courts and by all
persons, to efi'ectuate the objects of this act ; and this act
shall be noticed as a public act. Ko misnomer or mistake
in any deed, will or contract shall prejudice the rights or
24 ACADEMIES AND COLLEGES.
interests of the college ; but the true intent and meaning
thereof shall prevail in favor of the college. The board of
directors shall have power to borrow money, and execute
notes, mortgages and deeds of trust, to erect all needful
buildings, ornament the college grounds, acquire libraries
and apparatus, and, in general, may do whatsoever shall
be necessary to acquire the means, establish and maintain
a college, of the first order of literary institution, at such
point as may be selected for that purpose.
This act to take effect from its passage.
Approved February 22, 1861.
In force February j^jf ^CT to amend an act entitled "An act to incorporate the Presbyterian
' ■ Theological Seminary of the Northwest," approved February 16th, 1857.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That the
Transfer. Ac, transfer of the government of the said seminary by the said
synods, in the act of incorporation mentioned, to the gen-
eral assembly of the Presbyterian church in the United
States, and the amendments made by the general assembly
to the constitution of said seminary, and the appointment of
the board of directors and of the board of trustees, and all
other by-laws, rules and regulations, and other acts and do-
ings by the said boards of directors and trustees, be and the
Corporate pow- same are hereby satisfied and confirmed. The said general
®"' assembly shall have and may exercise all the powers now
or hereafter conferred upon it by the constitution, as amend-
ed, or as it may hereafter be amended by said general as-
sembly ; and all such amendments, by-laws, rules and regu-
lations, now or hereafter adopted, not repugnant to the laws
of the land, shall have full force and eflect.
§ 2. This act and the act to which it is an amendment
shall be public acts ; and, judicially noticed, shall be liber-
ally construed ; and all proceedings of the corporation, cer-
tified, under its seal, shall be received as evidence in all
courts ; and shall take efi'ect from its passage.
Approved February 21, 1861.
In force February AN ACT to incorporate the Urbana and Champaipna Institute.
21,19C1. ' °
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assenihly^ That B. F.
Harris, Wm. Park, J. T. Everett, John Juslej^, J. S. Wright,
John Penfield, J. W. Sim, Jr., C. F. Columbia and Henry
ACADEMIES AND COLLEGES. 25
Nelson, and such other persons as are or may hereafter be
associated with them and their successors, are hereby con-
stituted a body corporate, by the name of "The Urbana and corporate name.
Champaign Institute," for the purpose of establishing and
maintaining a seminary of learning, comprehending an
agricultural, or other departments, as the public may de-
mand, situated between the cities of Urbana and Cham- i-ocation.
paign, in the county of Champaign, and state of Illinois, for
males and females, with power to sue and be sued ; to take
and to hold real estate and other property, by purchase,
gift, grant, devise or otherwise ; to lease, convey and dis-
pose of the same, for the effecting and furtherance of the
purposes aforesaid, with power to confer degrees and give
diplomas, such as are common in such institutions ; and to
use a common seal.
§ 2. The estate, property and financial concerns of said ^°^^ of trustees.
corporation shall be managed and transacted by a board of
nine trustees, to be elected by the stockholders hereinafter
mentioned.
§ 3. The persons named in the first section of this act
shall constitute the first board of trustees, and shall be divi-
ded, by lot, into three classes. The time of service of the
first class shall expire on the last Tusday in June, a. d. 1862,
and that of the second class in one and that of the third
class in two years thereafter.
§ 4. There shall be a board of visitors, who shall, jointly, ^oard of visitors.
with the trustees, appoint the teachers and ofiicers, arrange
the course of instruction, and determine the general manner
of conducting said institution. Said board of visitors shall
be constituted as follows, to-wit : The governor, secretary
of state and superintendent of public instruction of the state
of Illinois, the president of the state agricultural and horti-
cultural societies, and such visitors from each of any organ-
ized religious denomination within the limits of the congre-
gational [congressional] district in which the said institution
is located, as may be appointed by their conference, synod,
association, or convention: Provided, that no more than
three visitors shall be appointed by the same denomination.
§ 5, On the last Wednesday of June, 1862, and on the Annual eiectioa
same day of each year thereafter, there shall be an election ^"^s'e®^-
of three trustees, who shall hold their office for three years.
All vacancies in the board of trustees, then existing, shall
also be filled. Such election shall be by ballot, and by a
majority of stockholders present.
§ 6. The real estate in the seminary plat, as now laid capital stock.
out into lots and recorded in the recorder's office of Cham-
paign county, and state of IlHnois, shall represent the capi-
tal stock of said corporation. Said capital stock may be in-
creased to two hundred thousand dollars, in shares of one
hundred dollars each.
26
ACADEMIES AND COLLEGES.
Sliareholders.
Annual report.
Taxation.
§ 7. Any person holding a contract or deed for one or
more of said lots, representing one or more shares of said
capital stock, shall be a member of this corporation, and
entitled to one vote for every share of stock by him thus
held, npon which all installments have been ])aid, roipired
by contract. Stockholders shall be also entitled to such
dividends on their stock as the trustees may from time to
time, declare thereon.
§ 8. The trustees shall choose their own officers and
make their own by-laws, and may fill any vacancies in their
body by appointment of qualified persons, until the next
election.
§ 9. The trustees, at each annual election, shall make
and submit a report to the stockholders of the state of the
institution, and its finances, with an inventory of its proper-
ty, and declare such dividends, from the net proceeds and
profits of its receipts or business, as the state of the finances
of said institution may warrant : Provided^ that no such
dividend shall ever be declared or made, when its payment
would embarrass the finances or efficiency of the institution.
§ 10. The real estate in said seminary plat, so long as
it represents the capital stock of said corporation, and until
conveyed to said stockholders, and all the property of the
said corporation, both real and personal, shall forever fee
and remain free from taxation.
§ 11. This act is hereby declared to be a public act, and
shall be in force from and after its passage.
Approved February 21, 1861.
In force February
22, 1861.
AN ACT to incorporate the Woodstock University.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That Richard
K. Todd, William H. Stewart, Lawrence S. Church, JMartin _
W. Hunt, William S. Mead, Henry D. Bates and Jesse F. 1
Miller, and their successors in office, be and the}' are hereby
created a budy corporate and politic, for the purpose of
founding and maintaining, in the town of Woodstock, llli-
cflrporate name, nois, au institution of learning, to be styled the "Woodstock
University," and, by that name, to remain in perpetual sue- ^
cession, with power to contract and be contracted with, sue ■
and be sued, to hold all kinds of property, real, personal
and mixed, which they may acquire by gift, grant, purchase,
donation, devise, or otherwfise, necessary to accomplish the
object of the incorporation, and the same to dispose of, con-
vey, or incumber, at pleasure — in wdiich case all convey-
ances shall be signed and acknowledged by the president of
ACADEMIES AND COLLEGES. 27
said incorporation ; to have and use a common seal, and
alter the same at pleasure ; to make and alter such by-laws,
for the government of the said incorporation, its officers and
agents, not inconsistent with the constitution and laws of
this state ; and shall have and enjoy and may exercise all
the powers, rights and privileges which other corporate
bodies may lawfully do, for the purposes mentioned in this
act.
§ 2. The objects contemplated by this act of incorpora- objects of the in-
tion are, to build up and maintain, in the town of Wood-
stock, an institution of learning, of the highest class, for
males and females ; to teach and inculcate the principles of
a sound christian morality, and for the promotion of the arts
and sciences.
S 3. The persons named in the first section, and their Appointment of
* i -,.1. ..' ,, omcers of the
successors shall.be the trustees ot said institution ; and shall university.
have power to erect the necessary buildings ; to appoint a
president, professors and teachers, and any other agents and
officers; to confer degrees in the liberal arts and sciences;
and to do all other things, for the encouragement of sound
christian morality and learning, which are lawfully done by
the most approved seminaries and colleges in the United
States.
§ 4. If any gift, grant or devise or bequest shall be ^'^^^' ^^"*^' '^*'-
made to the said corporation, for particular purposes, in ac-
cordance with the design ot this institution, and the trustees
shall accept the same, it shall be applied in conformity with
the express condition prescribed by the grantor, devisor or
donor.
§ 5. The trustees, aforesaid, may cause to be opened ^books'''^'°"
books of subscription to the capital stock of said incorpora-
tion, and may fix the whole amount of the capital stock, and
may fix and limit the amount of each share and the num-
ber of shares, and may close the said books whenever, in
their judgment, a sufficient amount shall have been sub-
scribed for the purposes hereof ; and, for purposes of en- g^.j^Qij^yg^i ^
dowing the said institution, may issue and dispose of schol- "
arships, on such terms and conditions as may be agreed
upon between them and the 23erson or persons receiving
the same.
§ 6, The said university, in all its departments, shall Religious tests.
be open to all jDcrsons, of such age and qualifications as shall
be prescribed by the by-laws and rules of said incorpora-
tion ; and the profession of any particular religious faith
shall not be required of those who shall apply to become
students. All persons, however, may be suspended or ex-
pelled from said institution, whose habits are idle or vicious,
or whose moral character is bad.
§ Y. The trustees shall elect a president, who shall be ^cwofTolird:
one of their number, and may also appoint a secretary and
treasurer, and require bonds, with security, from any officer
28 ACADEMIES AND COLLEGES.
or agent, conditioned for the faithful performance of the du-
ties imposed upon them by this act of incorporation and the
regulations and by-laws made in conformity thereto.
§ 8. There shall be elected, annually, by the stockhold-
ers of said incorporation, a board of trustees which shall
consist of not less than seven nor more than thirteen stock-
holders, who shall hold their offices until their successors
are elected. And at all elections for trustees each stock-
holder shall be a voter, and shall be entitled to cast as many
votes as he or she may own shares of capital stock. The
first election for trustees shall be held on the first Saturday
in June, a. d. 1861, at 2 o'clock, p. m., at such place as the
corporators shall direct ; and, until such election is held, the
above named persons shall be trustees, and perform the du-
ties enjoined upon trustees by this act.
Exemption from § 9. All property, of whatsoevcr kind or description,
nation of pro- belonging to or owned by said corporation, or held in trust
by any person or persons, for the use thereof, whether said
property be held in fee or for a limited duration, shall be
free from taxation for any and all purposes; the amount of
property so exempt not to exceed twenty-five thousand dol-
lars.
§ 10. This act shall be deemed to be a pubhc act, and
shall be in force from and after its passage.
Approved February 22, 1861.
^°%'f fstr''^ AN ACT to incorporate Wheaton College.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That there
be and hereby is created and established, at Wheaton, in
the county of Du Page, in this State, a college for the
instruction of youth in the various branches of literature,
the useful arts, and the learned and foreign languages.
Corporate name. § 2. That Said institution shall be called by the name of
"Wheaton College."
§ 3. That Kufus Lumry, Flavel Bascom, J. Blanchard,
E. F, Markham, Moses Pettingill, Joseph Piatt, Owen
Lovejoy, Freeborn G. Baker, Chester Hard, E. B. Thomp-
son, E. E. Adams, Abram Long, Warren L. Wheaton,
Eobert Eothwell, F. H. Mather, A. H. Hyatt and A. Lewis,
are hereby constituted a body politic and corporate, by the
name and style of " The Trustees of Wheaton College ; "
Corporate powers and by that name shall have perpetual succession, and a
common seal — which seal they may alter at pleasure ; may
sue and be sued, plead and be impleaded, with power to
purchase, receive and hold, to them and their successors
ACADEMIES AND COLLEGES. 29
forever, all lands, tenements, rents, goods and chattels, of
what kind soever, which may be purchased by, or may be
devised or given to them for the use of said college, and to
lease, sell, rent, or otherwise dispose of the same in such
manner as shall seem most conducive to the interest of said
college; to elect and employ such president, professors,
instructors and tutors, for the benefit of said college, as they
may deem necessary ; to select and employ a treasurer ; to
fill vacancies occurring in the board ; to form their own by-
laws, and do all business that may be necessary and appro-
priate to secure the permanency and prosperity of the college.
§ 4. The president of said college, by and with the course of study.
advice of the trustees, shall have power, from time to time,
to ordain, regulate and establish the course and mode of
instruction and education to be pursued in said college, and,
together with snch professors, instructors and tutors as the
corporation may appoint, shall be entitled and styled " The
Faculty of Wheaton College," and shall have power to
adopt and enforce such rules as may be deemed expedient
for the government of the institution — which rules shall be
in force until disapproved or annulled by the trustees and
faculty.
§ 5. The said trustees shall have power to establish de- Pj-of«s«°'iai stud-
partments for the study of any and all the learned and lib-
eral professions ; to confer such degrees as are usually' con-
ferred in similar colleges in the United States, in the learned
arts and sciences. The said trustees may also attach to said
college an academical or preparatory department, a female Preparatory and
department, and a common school department. And when ^"fg^ ^^p^'^'
such common school department shall be in operation, agree-
ably to the common school laws of this State, the trustees
shall be entitled to draw their proportion of the township,
school, college and seminary funds for such scholars as may
attend the same : Provided^ such scholars reside in the dis-
trict where the college is located; and may also connect
manual labor with all or any of those departments.
§ 6. The trustees, or a majority of them, shall have conferring o
power to meet at such times as they shall deem necessary, ^^^^^'
by themselves or committee, for the examination of any
candidates for literary degrees; and they are hereby em-
powered, upon recommendation of the faculty, to confer the
same on such persons as, in their opinion, shall merit the
same, and to give testimonials thereof, under their common
seal.
§ 7. The board of trustees may be increased to the num-
ber of twenty, a majority of whom shall be a quorum to do
business.
§ 8. Two trustees shall go out of office at the annual ''ter)^^of°°ffice"'^
meeting of the board in 1861, and annually thereafter, under trustees.
a rule to be made by the board at the first annual meeting
after the adoption of this charter.
30 AGRICULTURAL SOCIETIES.
Scholarships. g 9^ ^j^g trustecs sliall have power to sell one hundred
thousand dollars worth of scholarships, for the purpose of
endowmg the institution.
Annual meeting. § 10. It sluill be tlic dutj of the trustccs to hold an
annual meeting, at such time and place as thej shall appoint,
fur the purpose of transacting all business pertaining to the
college.
iiiiuois institute | 11, The chartcr of the "lUiuois Iiistitute," cuactod by
the legislature of the state of Illinois, and approved Febru-
ary 15th, 1855, is hereby repealed, and the present charter
substituted in its place ; and all manner of property, powers,
privileges and immunities therein granted to the trustees of
the Ilhnois Institute, are hereby declared to vest in the trus-
tees of Wheaton college ; and all debts, contracts and obli-
, gations of the former institution are good in law against the
trustees of Wheaton college.
§ 12. This act to be in force and take effect from and
after its passage.
Approved February 22, 1861.
I" f°[=e February ^^ ^(jT to iucorporate the Atlanta Union Central Agricultural Society, to
' ■ be located at Atlanta, Logan county, Illinois.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That Anthony
]Sr. Dills, Asa C. Barnes, Joseph Bell, Isom S. Atchinson,
George IST. Bryson, Ezra T, Kenyon, Joim E. Iloblit, Alex-
ander Downey, Philip K. Marquart, Joseph A. Pitts, Antho-
ny J. Ludlam, Ellis Dillon, and such other persons as are or
may become members of the society, sliall be and are hereby
constituted a body corporate, by the name and style of "The
^a^nT'owers"^""* Atlanta Union Central Agricultural Society," and by said
name shall have perpetual succession, and sliall be capable
of contracting and being contracted with, sue and being
sued, pleading and being impleaded, answering and being
answered, in all courts of law or equity, in this state; to
acquire, hold, mortgage, lease, release, sell or convey pro-
2)erty, real, 2:>ersonal, or mixed ; to have a common seal,
which they may change or alter at pleasure ; and may, by
their corporate name, acquire, by purchase or otherwise and
hold real estate, not to exceed three hundred and twenty
acres, with power to lease, improve and convey any part or
all of their real or personal estate.
Membership. § 2. A Subscription, and payment, as the society may
hereinafter direct, of twenty dollars, to the secretary of the
society, shall constitute a membership in said society; and
all persons who have or may hereafter take one or more
AGSICTJLTUEAL SOCIETIES. 31
Scares shall be entitled to a certificate, signed by the presi-
dent and secretary, for each share, so subscribed and paid
for, in manner and form as aforesaid. Tlie holder, beino- a
bona fide owner of such certificate, shall be entitled to one
vote for each share or certificate so held, at all elections for
president and directors of said society. And the shares of
said society shall be deemed personal property and shall
be assignable and transferable, according to such rules and
regulations as the board of directors may adopt.
§ 3. Said society shall have power to loan or borrow Loaning of money
money, at such rates of interest as are allowable by law
and take or give promissory notes or other evidences of
indebtedness, in their corporate name, for the same ; which
may be collected in any court in this state. And in their
corporate name shall have power to sue for and collect all
subscriptions that have been or may hereafter be made to
said society.
§ 4. The members of said society shall hold an annual Annual meeting
meeting on the first Saturday in Noveniber, in each year,
at such place as may be fixed by the directors of said society ;
and shall elect, as officers of said society, one president, four
vice presidents and seven directors, who shall, respectively,
hold their oftices for one year and until their successors are
elected. The president shall be, ex officio, chairman of said
board of directors, and, in case of a tie, shall cast the deci-
ding vote.
§ 5. Tlie board of directors, (a majority of whom shall The officers of the
constitute a quorum,) shall have full power and authority to
appoint a secretary, treasurer and such other oflicers as may
be designated by the directors, and do all other acts neces-
sary to promote the interests of the society and to carry into
effect the provisions and objects of this act; and, until an
election beheld under the j)rovisions of this act, the present
officers elect, to wit : Anthony ]!>[. Dills, as president ; Joseph
Bell, Isom S. Atchison, George IST. Bryson, Ezra T. Kenyon,
as vice presidents ; and Asa C. Barnes, John E. Hoblit,
Alexander Downey, Philip E. Marquart, Joseph A. Pitts,
Anthony J. Ludlam asd Ellis Dillon, as directors, shall per-
form all the duties to be performed by such directors, under
this act; and all the acts of said directors, heretofore done
or to be done till an election be held according to the pro-
visions of this act, are hereby legalized and made of full
force and virtue, the same as if done under the provisions
of this act.
§ 6. The directors of said society may make such rules The marshal and
and regulations as may be necessary for the regulation and
government of the said society, not inconsistent with the
law^s and constitution of this state or the United States ; and
may appoint, to serve during the session of any fair of the
society, one chief marshal and as many assistant nmrshals
as the directors may deem necessary, who shall j)erform all
32 AGBICULTUKAL SOCIETIES.
duties usually devolving on sucli officers, and who shall, also,
be a police force, with authority to make arrests for the
breach of the peace or the rules or regulations of this society:
Provided^ the authority of said marshal and his assistants,
as such police, shall not extend more than one mile from the
place when and where said fair is held.
Sale of liquors, g 7. That no pcrsou shall keep any shop, booth, tent,
wagon or other carriage, for the sale of spirituous or other
liquors or any provisions or any articles of traffic whatever,
or sell or expose to sale, give, barter or otherwise dispose of,
in or near any such shop, booth, tent, wagon or other car-
riage, or in any other way or place, any spirituous or other
liquors, or any provisions, or any article of traffic whatever,
at or within the distance of one mile from the ground where
the society are holding their fair ; nor shall any person,
within the distance aforesaid, exhibit any shows or plays,
unless the same shall have been duly authorized by the
proper authority, previous to the commencement of such
exhibition ; nor shall any person, within the distance afore-
said, promote, aid or be engaged in any racing of animals,
or in any gaming of any description whatever ; nor shall
any person obstruct the free passage of any highway, or
traveled road, within the distance aforesaid : Providedy that
nothing in this act [shall] affect tavern keepers, distillers, or
others, exercising their calling at their usual legitimate
places of doing business ; nor any person who shall have a
Written permis- written permit from the president of the society to sell bread
^'°"' or other provisions, for the supply of persons attending the
fair, their horses or cattle, such persons conforming to all
rules and regulations of said society and the laws of the
state,
c^^iection of the § g. That any person who shall be guilty of a breach of
ties. this act, and shall be notified by any one of the directors,
or by any one of the officers hereby authorized to make an
arrest or seizure, or by any person that he, she or they are
violating the laws; and if after such notice any person shall
continue in such vioUition he, she or they shall forfeit and
pay, for every such offense, any sum, not less than five nor
more than fifty dollars to the society, to be recovered before
any justice of the peace or court having jurisdiction of the
prosecution ; and any judge of the circuit or county court,
sheriff, coroner, justice of the peace or constable of the
county shall, upon view or infirmation, and without warrant,
apprehend any person so offending, and seize such booth,
tent, wagon or other carriage, spirituous or other liquors
and other articles of traffic, and convey the same to a place
of safe keeping, and take the said person or persons before
any convenient justice of the peace, having jurisdiction,
together with an inventory of the things so seized, and the
justice of the peace, upon complaint, on oath or affirmation,
of any competent witness, shall issue his warrant, which the
AGRICULTUEAL SOCIETIES. 33
said officer or constable shall have authority to serve, and
cause the said offender to be arrested, and proceed forthwith
to inquire into the truth of the accusation, and, if found
true, shall enforce the penalty of this act.
§ 9. If the accused shall fail to pay such tine as said issue of executio.
justice of the peace shall inflict, together with all costs of
proceedings, including the necessary expense of such seizure,
the said justice of the peace shall forthwith issue an execu-
tion, commanding any constable of the county in which such
injury shall be had, to make the said fine and costs, neces-
sary expenses and costs of execution, by sale of so much of
the things so seized and of so much of the other property of
the accused as shall be necessary therefor, and to make return
thereof, in ten days thereafter; and the overplus of the things,
so seized, as aforesaid, after the satisfaction of said execution,
shall be delivered to the defendant, on demand.
§ 10. In case the officer to whom said execution shall be
delivered shall be unable to find sufficient property of such
defendant to satisfy such execution, said society, upon affi-
davit of any of its officers, shall be entitled to a ca. sa.
against the body of the defendant, as in other cases. The
defendant in any suit under this act shall have the right of
trial by jury, as in other cases, under the laws of this state.
S 11. In addition to the other powers conferred the said Estabii^mem of
H . , ••i^^iiill.ii*'^ institution of
society may, at any time, when a majority oi tne stocknola- learning.
ers shall desire it, establish an institution of learning, in
connection with said society hereby corporated. The object
of said institution shall be to introduce a more thorough '
course of instruction in those branches of science that more
directly concern an agricultural community, as well as the
other arts and sciences. The directors of the said society, and ^j^^fj^^j^^f "'*
their successors in office, shall be, ex officio^ trustees of said
institution of learning; and shall have power to erect the
• necessary buildings ; to appoint a president, professors and
teachers, also, other agents and officers ; to confer degrees
in the liberal arts and sciences, and to do any and all other
things, for the encouragement of learning, which are law-
fully done by the most approved seminaries and colleges in
the United States.
§ 12. To more fully carry out the provisions and inten-
tions of the above section, there may be connected with
said school a farm, for experimental purposes, and which
shall be managed as the directors of said society may see
proper.
§ 13. This act shall give this society no claim whatever
to any part of the general appropriation made by the state
to the different county agricultural societies; and it is hereby
expressly provided that this society shall be entitled to no
part of such appropriation.
—4
34
AGBICULTUKAL SOCIETIES.
§ 14, This act to take effect and be in force from and
after its passage.
Approved February 15, 1861.
tn force February AN ACT to incorporate the Edgar County Agricultural and Mechanical Asso-
20. 1361- ciation.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That AVilliam
Kile, Alanson Baldwin, Jera J. Blackman, William B. Web-
ster, Samuel Graham, jr., Allen McClain, and their associ-
ates, heirs and assigns, and such other persons as shall here-
after become stockholders, by virtue of the provisions of this
act, are hereby constituted and declared a body politic and
Corporate name. Corporate, by the name and style of " The Edgar County
Agricultural and Mechanical Association," and by that name
shall sue and be sued, plead and be impleaded, answer and
be answered unto, in all courts of law and equity in this
state.
§ 2. That said association shall have power to make and
establish such by-laws, rules and regulations, for the govern-
ment of said association, and for the transaction of their
business, as shall be deemed necessary and proper by said
association, not inconsistent with the laws and constitution
of this state or of the United States.
Capital stock. § 3. That the capital stock of said association shall con-
sist of two thousand dollars, with power to increase the same
to five thousand dollars, to be divided into shares of twenty-
five dollars each.
§ 4. That sai 1 association may purchase real estate, for
the purposes ot said association.
^ 5. That the objects of said association shall be to ad-
vance the interest and encourage the improvement of agri-
culture and mechanics.
§ 6. That said association shall have succession and ex-
istence, as a body corporate, for the term of fifty years.
Approved February 20, 1861.
In force February AN ACT to incorporate the Union Agricultural Society of Jo Daviess, Ste-
^^> ^^^' phcnson, La Fayette and Green Counties.
Whereas certain persons, residing in the counties of Jo-
Daviess and Stephenson, in the state of Illinois, and La
Fayette and Green, in the state of Wisconsin, have form-
AGKICULTTJKAL SOCIETIES. 35
ed an agricultural society, under the name and style of
" Tlie Union Agricultural Society of Jo Daviess, Stephen-
son, La Fayette and Green Counties," and have adopted a
constitution and by-laws for the government of said socie-
ty; and whereas said society cannot be incorporated under
the general incorporation law of this state, applicable to
agricultural societies ; therefore,
[Section 1.] Be it enacted hy the Feojple of the State of
lUinois, rejpresented in the General Assembly^ That the said
society and such other persons as shall hereafter become
members thereof, in conformity with the constitution and by-
laws said of society, by the name and style of " The Union corporate name.
Agricultural Society of Jo Daviess, Stephenson, La Fayette
and Green Counties," is hereby made a body corporate and
politic ; and by that name and style shall have perpetual
succession ; and may have and use a connnon seal, and may
alter the same at pleasure ; and by that name and style may
sue and be sued, plead and be impleaded, appear, prosecute
and defend, in all courts of law or equity, in this state ; and
in said courts shall have power to sue for and collect all gra- corporate pow-
tuitous subscriptions, which are or may be made to said soci- ^""^^
ety ; and may, in their corporate name, acquire and hold
personal estate, not exceeding in value the sum of ten thou-
sand dollars ; and may acquire, "by purchase or otherwise,
and hold real estate, not exceeding in value, at any one
time, the sum of twenty-five thousand dollars ; and may
alter or amend the constitution and by-laws of said society,
in conformity with the provisions thereof or as the same
may provide, from time to time ; and may make all needful
rules and reo-ulations, concernine; fairs and other exliibitions
••11 • •
of said society, not inconsistent w^ith the constitution and
laws of this state.
§ 2. Said society shall be entitled to and receive all the Holding of fairs,
privileges conferred upon any agricultural society in this
state, by virtue of the provisions of an act entitled "An act
to aid and encourage agricultural societies," approved Feb-
ruary 18th, 1857. And the county clerk of Jo Daviess
county, upon the filing in his ofiice, by the president and
recording secretary of said society, a statement of the name
and present officers of said society, shall be required to issue
the certificate provided for in the first section of said act.
And said society shall, annually, or as by their constitution
and by-laws shall be prescribed, hold a fair or exhibition of
agricultural, mechanical and other products, at, or near the
town of Warren, in said Jo Davie ^^s county; and, during
the time of holding such fair or exhibition, said society shall
have the sole and exclusive right to license, upon sudi terras
and conditions as they may prescribe, the sale of all and
every article of provisions, trade, traffic or merchandise
whatever, (except spirituous and intoxicating liquors,) at or
ynihm one-half mile of the place of holding such fair.
36 AGRICULTURAL SOCIETIES.
The prohii)iiion of g 3. ]S]"o person shall keep any shop, booth, tent, wagon or
other carriage, for the sale of any article of provisions, trade,
traffic or merchandise whatever, or sell or expose to sale,
give, barter or otherwise dispose of, in or near any such
shop, booth, tent, wago ror other carriage, or in any other
way or place, any article of provisions, trade, traffic or mer-
chandise whatever, duiing the time of holding any such fair
or exhibition, at or witliin one-half mile from the place of
holding the same ; nor shall any person, within the distance
aforesaid, exhibit any shows or plays, or promote, aid or be
engaged in any racing of animals, without having first ob-
tained a license therefor from said society.
Sale of liquors. § 4. 'No pcrsou shall Sell, or expose to sale, or give away,
barter or otherwise dispose of, in any way or place, at or
within one- half-mile of the place of holding such fair or ex-
hibition, dm'ing the time of holding the same, any spirituous
or intoxicating liquors whatever; nor shall any person, at
the time aforesaid, at the place, or within the distance afore-
said, promote, aid or be engaged in any gaming of any des-
cription whatever ; nor shall any person obstruct the free
passage of any highway or traveled road, within the distance
aforesaid.
§ 5. The provisions of the tlii'ee next preceding sections
of this act shall not apply to any person or persons, when
doing business at their regular and ordinary places of doing
business, within the corporate limits of the town of Warren.
Penalties and for- § 6. Any pcrsou guilty of violating any of the provi-
i!tiorof^ruie?!°' slous of tlic third and fourth sections of this act may be im-
mediately arrested and taken before some justice of the
peace of the county, and shall forfeit and pay to said socie-
ty the sum of not less than five nor more than fifty dollars,
for each and every offense, to be recovered in an action of
debt, to be commenced by arrest, as aforesaid, or by sum-
mons in the usual form, in the name of the said society, be-
fore said justice, together with cost of suit ; and it shall be
the duty of such justice of the peace to issue execution for
such debt and cost forthwith or commit the oflendcr to
the jail of the county until said debt and cost are paid, as
said society, by their prosecutor or counsel may elect.
§ Y. All acts and parts of acts inconsistent with the pro-
visions of this act, or which conffict with the provisions
thereof, are hereby repealed.
Approved February 16, 1861.
AGRICULTUKAL SOCIETIES. 37
AN ACT to amend an act entitled "An act to incorporate the McLean Coun- in force Septeui
ty Agricultural Society," approved February 12, 1853. berl,18Cl.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the Annual meetiag*.
third section of the act to which this is an amendment be so
amended, that a meeting of the members of said corpora-
tion, for the purposes therein mentioned, shall be annually
held on the fair ground of said society, at one o'clock, p.
M., on the second day of the annual tair thereof.
This act to to take effect and be in force from and after the
first day of September next.
Appkoved February 13, 1861.
AN ACT to incorporate the Morgan County Agricultural and Mechanical As- In force Februaiy
sociation. " ^■^' ''^^l-
Section 1. £e it enacted hy the People of the State of
Illinois, represented in the General Assemlly, That Moore
C Goltra, Stephen Dunlap, James T. Holmes, Austiii Kock-
well, William H. Broadwell, George Graff, Jeptha Dunlap,
"William Richardson, Stephen Green, Peter Roberts, Joseph
H. Bancroft, and their associates and successors in office,
and such other persons as now are or shall hereafter become
stockholders, by virtue of the provisions of this act, are
hereby constituted and declared a body politic and corpo-
rate, by the name and style of "The Morgan County Agri- corporate name,
cultural and Mechanical Association ;" and by that name
shall sue and be sued, plead and be impleaded, answer and
be answered unto, in all the courts of law and equity in this
state.
§ 2. That said association shall have power to make and
establish a common seal, which they may alter and change
at pleasure.
§ 3. That said association shall have power to make and ^^^^^""""^ '■^s"i*-
establish such by-laws, rules and regulations, for the govern-
ment of said association and for the transaction of their
business, as shall be deemed necessary and proper by said
association : Provided, however, such by-laws and regulations
shall not be contrary to the constitution and laws of the
state of Illinois or of the United States.
§ 4. That the capital stock of said association shall con- oapuai stock,
sist of ten thousand dollars, to be divided into shares of
twenty dollars each.
§ 5. That said association may, from time to time, in-
crease the amount of their capital stock, by a vote of the .
members of said association representing two-thirds of the
capital stock tliereof.
38
ALLEY — BANKS.
§ 6. That said association shall have power to loan and
borrow money, on the security or credit of assets belono-in^
to the said association. ^ ^
Real estate. § 7._ That the Said association may purchase and hold
and dispose of real estate, for the purposes of the said asso-
ciation : Provided, however^ they shall not at any one time
hold more than fifty acres.
Injury to proper- § 8. That if any pcrsou or persons shall wantonly, will-
fully or maliciously turn in any' kind of stock into the 'inclo-
sure of said association, or negligently open any o-ate or
gates of said iuclosnre, or tear down or destroy any thin o-
belonging to said association, or do any act by which said a?-
sociation may be damaged, he or they and any person as-
sistmg shall forfeit and pay to said association treble the
amount of damages that shall be proved before any court
having jurisdiction of the amonnt claimed, which may be
sued for in the name of said association.
Transfer of stock. § 9. That the stock of Said association shall be deemed
and considered personal estate, and shall be transferable by
indorsement ; but no transfer shall be vahd or effected until
such transfer be entered with and registered by the secre-
tary.
§ 10. That the objects of this association shall be to ad-
vance the interests and encourage agricultural and mechani-
cal arts and sciences.
§ 11. That said association may exist, as a body corpo-
rate, forfiftyyears from and after the passage of this act.
§ 12. This act is hereby declared a public act and shall
be m force from and after its passage.
Approved February 13, 1861.
'"^°^*f.flr"^ ^^ ^^'^ ^« ^'^'^-'^^e ^n aU^")' therein mentioned.
20, 1861
Section 1. Be it enacted hy the People of the State of
Illwois, represented in the General Assembly, That the alley
running north and south, through the center of block num-
ber fifteen, in the town of Davis, and county of Stephenson,
be and the same is hereby vacated.
Approved February 20, 1861.
\
In 'o^rce February AN ACT for the relief of the Alton Bank and Jersey County Bank.
Whereas the Alton Bank, located at Alton, in Madison
county, and the Jersey County Bank, located at Jersey-
certificate.
BANKS. 39
ville, Jersey county, have, in pursuance of the act in force
January 10th, 1855, entitled "An act to amend an act to
establish a general system of banking and the act sup-
plementary thereto," approved February lOth, 1853, hied
with the auditor certificates of their desire and intention
to withdraw their bills from circulation, and are now de-
sirous of withdrawing and canceling said certificates and
of resuming their business, as if no such certificate had
been filed ; therefore.
Section 1. £e it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That the said
Alton Bank and Jersey County Bank be and they are here- withc^awai
by authorized to withdraw and cancel said certiiicates, and
to resume and transact their business and conduct their af-
fairs, in every respect, as if said certificates, so filed by them,
respectively, as aforesaid, had never been made and filed
with said auditor : Provided^ that prior to the withdrawal
and cancellation of said certificates and the resumption of
business by the said banks, the said banks shall furnish to
the auditor satisfactory evidence that not less than fifty
thousand dollars of actual cash capital has been duly sub-
scribed and paid in by the stockholders of said banks, re-
spectively, and shall also deposit with the auditor the amount
of stock now required by the general banking laws of this
state for the organization of a new bank under said law.
§ 2. This act to take efiect and be in force from and af-
ter its passage.
Appkoved February 22, 1861.
AN ACT to incorporate the German Savings Bank of Peoria, Illinois. ■^^"20^1^^^''"'
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That Robert
Strehlow, Gotfried Goldbeck, William Schempferman,
Theobald Ffeifier. Louis Green, Adolph Matthies, and their
associates and successors, and all such persons as shall be-
come stockholders in the company hereby created, shall be
a body politic, by the name and style of "The German corporate nauit.
Savings Bank," to be located in the city of Peoria, state of
Illinois, and shall have succession ; a common seal, the
power in law and in equity of suing and being sued, the
power to plead and be impleaded, the power of contracting
and being contracted with, the power to appoint all neces-
sary servants and assistants ; and may have, enjoy and ex-
ercise all the power necessary to carry out and execute the
purposes and intent of a savings bank, and to enact and
execute such by-laws and regulations as they may think and
deem proper for the control and well ordering of said bank.
4:0 BANKS.
§ 2. The capital of said company shall be not less than
fifty thousand dollars, with power to increase the same to
one hundred and fifty thousand dollars — to be subscribed
and paid for in the manner hereinafter provided ; and shall
be divided into shares of one hundred dollars each share ;
which shall be deemed personal property, and shall be
transferable on the books of said company, in such manner
as its by-laws may prescribe.
Duties and pow- § 3. The Said corporation shall perform the duties and
*"■ functions of a savings bank ; shall have power to borrow
money and receive money on deposit and give certificates
for the safe keeping and return of the same, pay interest
thereon and to loan the said money, at any rate of interest
not exceeding that now allowed to individuals, to be charged
by agreement of parties ; to discount, in accordance with
bank usage, and to take such security therefor, either real
or personal, as the directors or managers of said corporation
may deem sufiicient ; and may buy and sell exchange, bills,
notes, bonds or other securities ; may have and hold coin
and bullion ; may make such special regulations, in refer-
ence to trust funds and deposits, left for accumulation and
safe keeping, as shall best aid said depositors or parties in-
terested, by accumulating and increasing the same.
^*.Schtse of r^l § ^- I^ sli^^^ ^^ lawful for the company hereby incorpo-
*statc. rated to purchase and hold such real estate as may be con-
venient for the transaction of its business ; and to take and
to hold any real estate, in trust or otherwise, as security for
or in payment of loans and debts, due or to become due, to
the said company ; and to receive and take in satisfaction of
any such loan or debts any real estate and to hold and con-
. vey the same. Any real estate acquired in fee by this cor-
poration and not held in trust or as security, other than
what shall be necessary for the convenient use of the said
corporation for the transaction of its business, shall not be
held by the said corporation longer than five years, and
shall, within that time, be sold and conveyed, either at pub-
lic or private sale, so as to divest the said corporation of their
title to and fee in the same.
Directors and 8 5. The afiairs of the company shall be managed by a
board of directors, of at least seven m number, who shall be
stockholders in this company. The election of such direc-
tors shall be had by the stockholders when fifty thousand
dollars shall have been subscribed to the capital of said cor-
poration and twenty-five per cent paid thereon ; and three
of the corporators named tiierein shall be commissioners to
open books for subscriptions, which shall be done within
ninety days after the passage of this act. The money, when
received by the commissioners, shall be paid over to the
directors, when elected. The directors shall elect a presi-
dent from their own body, annually, and make and execute
stockholders.
BANKB. 41
such bj-laws as may be convenient and necessary for the
proper prosecution of the business of the company, not in-
consistent with this act or with the laws of this state, or the
laws of the United States ; but no by-laws shall be made
without the consent of a majority of the directors. And all
the acts of the duly appointed officers and agents of this
company, done and performed under the authority of the
by-laws, shall be binding on the company. The board of Fiiung of vacan-
directors shall have power to fill any vacancies that may
occur in their own body — a plurality of votes constituting a
choice. ■ And a majority of the board present shall consti-
tute a quorum for the transaction of business.
§ 6. The election of directors of this company shall be Annual election
held, annually, at the office of the company; and the board °^^"^''^°^^-
of said directors shall give at least ten days' notice thereof
to the stockholders, in such manner as they may determine.
Every election for directors shall be by ballot ; and the name
and number of shares owned by each stockholder voting
shall be indorsed on the ballot ; and a plurality of votes
shall elect. Every stockholder shall be entitled to one vote
for every share of capital stock standing in his or her name
on the books of the company ; and may vote in person or by
proxy. Any omission or failure to elect directors shall not
impair, in anywise, the right of stockholders, depositors or
others interested. No stockholder shall be entitled to vote Qualification? of
who is in arrear to the company with th^ payment of the
capital stock called for and due at the time of election.
§ 7. At any time after the payment ot the original stock *^^p'*^^ ^^°'^^-
of fifty thousand dollars, as hereinbefore provided, the board
of directors may increase the capital of the company to the
amount limited, or any part thereof, in shares of one hun-
dred dollars each, in such manner as they may deem pro-
per; and said increase shall be subjected to all the liabili-
ties, immunities and privileges of the original stock, as pro-
vided in this act. Stockholders shall have the option of
subscribing to such increased stock, pro rata^ within such
time as the directors may limit ; of which due notice is to
be given.
§ 8. After the election of the first board of directors, as Adcutionai per
provided by a previous section of this act, the board of di- shares.
rectors may call a meeting of the stockholders of this com-
pany, for the purpose of calling on an additional per centage
per share ot said stock ; and if, at such meeting, a majority
of the stockholders shall resolve to call on an additional sum,
said meeting of stockholders shall fix the per centage, so to
be called in ; and the board of directors shall then call in
such additional per centage, per share, of stock ; to be paid
in at such time and place as the board of directors may ap-
point. On due notice to said subscribers the shares of every
stockholder, omitting to make such payment, shall be for-
feited, together with all previous payments made thereon.
42
BANKS.
Individual liabili
Deposits by
Bors, &c.
Dividends.
After the payment of twenty-five per cent, on the amount
subscribed, as provided in a foregoing section, the said com-
panj? shall be considered fully organized, and may com-
mence its business, in the full enjoyment of the privileges
of this charter, at such place in the city of Peoria, in the
county of Peoria, as the said board of directors shall elect.
§ 9. Every stockholder of the company incorporated
under this act shall be severally individually liable to the
depositors with and creditors of the company to an amount
equal to the amount of stock held by him, respectively, for
all deposits made with and debts and contracts made by the
company ; but no stockholder shall be personally liable for
the payment of any deposit made with or debts contracted
by the company formed under this act, unless a suit for col'
lection of such deposit or debt shall be brought against the
company within one year from the time the same may be
due or become due, nor until an execution shall have been
returned unsatisfied, in whole or in part.
§ 10, Anj^ minor or married woman shall have a right
to deposit money with said company, in his or her name ;
and such deposit shall not be transferable, but shall be paid
only to the depositors, or on his or her death to his or her
administrator or next of kin.
§ 11. The board of directors shall have the power to
declare dividends on the stock of said company, from time
to time, and at any time after the accumulation of profits of
said company shall exceed five per cent, on the amount of
capital actually paid in, provided said dividends do not re-
duce the surplus of profits of the company below five per
cent, on the amount of capital actually paid in.
§ 12. This company shall exist for the period of fifty
years, from the day of the passage of this act, and shall be
entitled to use all its corporate powers for two years there-
after, for the purpose of closing up its afi'airs.
§ 13. This act shall take effect and be in force from and
after its passage, and be liberally construed by the courts in
this state.
Approved February 20, 1861.
'"^^"Tisw™*^^ AN ACT to incorporate the Merchants', Farmers' and Mechanics' Savings
" ' ■ Bank.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That IMordecai
Myers, Thomas R. Jackson, Sydney Myers, Josias Grant
and George P. Chappell, and such other persons as may
become stockholders in the corporation hereby created, be
BANKS. 43
and are declared and constituted a body corporate, by the
name and style of "The Merchants', Farmers' and Median- Corporate name.
ics' Savings Bank ;" and may have and use a common seal.
§ 2. The capital stock shall be fifty thousand dollars, capiui stock.
and may be increased by said corporation to any sum not
exceeding five hundred thousand dollars ; shall be divided
into shares of fifty dollars each, and deemed personal pro-
perty. Each subscriber of stock shall pay, at the time of
subscribing, twenty per cent, of the sum subscribed, and
the remainder when called for by the said corporation. The
corporators, or a majority of them, may open books, for the
subscription of stock, at Galesburg, Knox county, state of
Illinois, at such time and place as they may appoint, upon
giving twenty days' notice thereof in some newspaper pub-
lished in that county ; and when the sum of thirty thousand
dollars is subscribed the said corporation, or a majority of
them, shall give notice of the time and place, in like man-
ner, to the stockholders, to meet and elect directors and
organize said corporation. The stockholders may elect five Directors.
directors, who shall hold their office until their successors
are elected and qualified under the by-laws of the corpora-
tion.. The directors may elect a president and cashier, one
of whom shall be a stockholder and director. The directors
shall have power to fill any vacancy in their number. At
each meeting of the stockholders each share shall be entitled
to one vote, in person or by proxy.
§ 3. The said corporation shall be authorized to receive
money from any person or persons, who may wish to deposit
the same. Married women and minors may, in their own
names, deposit money with said corporation and receive
certificate of deposit in their own names, and which deposits
shall be subject to their order only. All deposits of money
shall be used and improved in a manner not inconsistent
with the laws of this state ; and any rate of interest, not ex-
ceeding that allowed by law, shall be paid for such deposits.
§ 4. The said corporation may accept and execute all ^dpri^iegir'
such trusts, whether fiduciary or otherwise, as shall [or] may
be committed to it by any person or persons, or by the
order of any court tribunal in the state of IlKnois; may
make such special regulations in reference to trust funds,
deposits or savings, as shall best aid the depositors and par-
ties iuterested, by accumulating and increasing the same,
allowing and receiving such rate of interest therefor, not
greater than hereinbefore mentioned, as may be agreed
upon ; may grant and purchase annuities, issue letters of
credit and other commercial obligations : Provided^ the same
shall not be in the similitude of bank notes or other evi-
dences of debt, designed to circulate as money. The said
corporation shall have power to loan money, to receive
money on deposit and pay interest therefor, and to loan
money, at any rate of interest, not exceeding ten per cent.
4i BANKS — BENEVOLENT INSTITUTIONS.
per annum, or to discount, in accordance with bank usage;
and in the computation of time tliirty days shall be a month
and twelve months a year ; and take such security as the
directors may see proper; may take stock in otlier corpora-
tions ; may buy and sell exchange, bills, notes, bonds and
other securities ; and may have and hold coin and bullion.
Quorum. § 5. The business of said corporation shall be conducted
by the directors, and in such manner as they may^ direct.
Three of the directors, one of whom shall be the ])resident
or cashier, shall be a quorum to transact any business of the
board of directors. The officers of said corporation shall
perform sucli duties as may be enjoined upon them by the
board of directors, and such as are usual in such corporations.
Purchase of real g Q^ The Said Corporation shall have power to purchase
and hold all such real aud personal estate as may be conve-
nient for the transaction of its business ; to take and hold
any real estate as security for and in payment of loans and
debts due or to become due to said corporation, and to pur-
chase real and personal estate, at any sale, to enforce its secu-
rities or the payment of debts due, made by virtue of any
process, mortgage or deed of trust, and to hold said property,
or to sell and convey the same, or any part thereof, at such
price and under such- conditions as the directors or officers
think proper.
I'i^abmty of stock- g 7, All the stockholders of said corporation shall be
severall}" individually liable to its depositors and creditors
to an amount equal to the amount of stock held b}' them,
respectively ; and such liability shall continue for one year
after the sale and transfer of any such stock by an}^ stock-
holder; and no suit shall be brought against any such stock-
holder, for any such.liabihty, who shall cease to be a stock-
holder, unless the same be brought within one year from
the time he shall cease to be a stockholder: Provided, that
the time that any suit that may be pending against the cor-
poration, for the same cause of action, shall be deducted
from the said term of one [year.]
§ 8. In case any stockholder shall fail to pay any install-
ment for thirty days after a call therefor the directors may
declare the stock forfeited to the corporation.
§ 9. This act shall take effect from and after its passage.
Approved February 22, 1861.
holders
In force February ^jf ACT to exempt certain property of the American Bible Society from
20. ^861. tn-rntinn
taxation.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the Cf-eneral Assembly^ That the
BENEVOLENT ASSOCIATIONS. 45
following property, that is now or may hereafter be owue
by the American Bible Society, shall be exempt from a'
taxes whatsoever, to wit : real estate, not exceeding in value
one thousand dollars, together witli all bibles, and testa-
ments, and articles of personal property, used by said soci-
ety, or necessary for the prosecution of the objects of said
society.
Appeoved February 20, 1861.
AN ACT to incorporate a benevolent institution in the city of Chicago, Cook In force February
county, under the name of "The City Mi.sion and Church Home." 22, 1S61.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That Edmund
B. Tuttle, Eobert H. Clarkson, Clinton Locke, John O.
Barton, Hiram K. Bishop, Edwin H. Sheldon, C. Rollin
Larrabee, George P. Lee, John M. Loomis, John Kirk, and
their successors, shall be and they are hereby constituted a
corporation and body politic, by the name of "The City corporate name.
Mission and Church Home, of Chicago;" and by that
name shall have perpetual succession ; and may sue and be
sued, implead and be impleaded ; and may purchase and
hold property, whether acquired by purchase, gift, or devise,
and whether real, or personal, or mixed ; and may make
and have a corporate seal ; and shall have all other rights
belonging to similar corporations.
§ 2. A7id be it enacted, That the object of said associa- objects of the as-
tion is liereby declared to be the care of and providing for ^''^ '°"'
the aged, the sick, the orphaned and the destitute, and such
other purposes incidental and kindred to those above men-
tioned as the persons named in the first section of this act,
and their successors, may prescribe.
5 3. And be it enacted. That the entire manao:ement of Management f
•> " •Till affairs.
the affairs and concerns of said corporation, and all the cor--
porate powers herein granted, shall be and are hereby vested
in the persons named in the first section of this act.
§ 4. And be it enacted, That the persons above named, R>iies and reguia-
and their successors, shall have power, from time to time,
to enact byJaws for the regulation and management of the
affairs and concerns of said corporation, and to fill vacancies
in their number, occasioned by death, resignation, removal
from the city of Chicago, and otherwise.
Approved February 22, 1861.
4:6 BENEVOLENT ASSOCIATIONS.
lu force February AN ACT to incorporate the Chicago Seamen's Mutual Benevolent Societ}-.
22, 1861.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly, That Red-
mond Prindeville, president ; Wm. P. Cardwell, vice-presi-
dent ; Daniel D. Wait, secretary ; Edward 1. Tinkham,
treasurer, and the other members of the Seamen's Benevo-
lent Society, now existing in the city of Chicago, and such
other persons as may hereafter be admitted members of said
society, according to the rules and regulations thereof, be
and they are hereby declared and constituted a body politic
Corporate name, and corporatc, Under the name and style of "The Chicago
Seamen's Mutual Benevolent Society," and, as such society,
shall remain and have succession for the period of seventy-
five years, with power, in such name, to sue and be sued,
plead and be impleaded, prosecute and defend, in all actions
at law or in equity, and in all courts whatsoever ; and also, in
Corporate powers and by Said name to acquire, pui'chase, hold and convey any
property, whether real or personal ; to have and use a com-
mon seal, and to alter the same at pleasure ; and to make,
alter and change, from time to time, a constitution and by-
laws for said society, for the good order and government of
the same: Provided, said constitution and by-laws shall not
conflict with the laws or constitution of this state or c>f the
United States.
Amount of real § 2. Tlic Said coi'poration shall not, at any one time,
^'^**''' hold real estate to a greater amount than fifty thousand
dollars, nor personal property to a greater amount than fifty
thousand dollars ; and no property of said society shall be
appropriated otherwise than for the benefit and improvement
ol said society, and to such benevolent purposes, and in
such manner, as shall be provided for and directed in the
constitution and by-laws of said society.
Place of raeetins. § 3- The roouis and meetings of said society shall be
kept and held in the city of Chicago; and in case any dona-
tion or bequest shall be made to said society, and the same
shall be accepted, such donation or bequest shall be applied
in conformity with the express conditions of the donator or
testator.
Objects of the §^- The objcct of til is corporatiou is hereby declared to
society. \)Q {]■^Q friendly union of the seamen of the port of Chicago,
and the mutual, moral and financial improvement of its
members, and also the accumulation of a benevolent fund,
for the benefit and relief of distressed and disabled seamen,
their widows and orphans.
§ 5. This act shall be a public act, and shall be in force
for the period of seventy-five years from the date of its
passage and a])proval, and shall be construed liberally'-, for
the purposes of the corporation, as herein expressed.
Approved February 22, 1861.
BENEVOLENT ASSOCIATIONS. 47
AN ACT to incorporate the Young Men's Christian Association of Chicago. In force Februarr
22,1861. ■
Section 1. Be it enacted hy the People qf the State of
Illinois, 7'epresented in the General Assembly, That Cynis
Bentlj, J. P. Babcock, William Blair, E. S. Wads worth,
Tiithill King, Peter Page, Oerington Lunt, J. V. Farwell,
Hugh T. Dickey, Henry W. Hinsdale, W. W. Boyington,
T. M. Eddy, Kobert Boyd, and their associates, are hereby
created a body corporate, under the name of " The Young corporate name.
Men's Christian Association," and by that name shall be
recognized in all courts of justice and equity in this State
for the term of one thousand years.
§ 2. This association shall have power to hold real Purchase or real
estate, for its own use, which shall be exempt from taxation ^^'^"
for general purposes, either by the state or by municipal or
county organizations, and, in this regard, be held and treated
the same as church property ; also, to make and execute all
by-laws and regulations necessary for the government of its
affairs, not repugnant to the laws of this state or the United
States.
§ 3. Real estate held by said association may be sold
only by a vote of two-thirds of the members in regular
standing ; and transfers of title shall be made in the same
manner as by other incorporated bodies.
Appkoved February 22, 1861.
AN ACT to amend an act entitled "An act to incorporate the Firemen's Be- In force Pcbruar
nevolent Association, and for other purposes," approved June 21st, 1852, 22, 1861.
and for other purposes.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That section
six of an act entitled "An act to incorporate the Firemen's
Benevolent Association, and for other purposes," approved
June 21st, 1852, be and the same is hereby repealed.
§ 2. It shall and may be lawful for the Firemen's Be
nevolent Association to distribute and divide the fund accu-
mulated by said association, and to donate such fund to the
various orphan asylums in the city of Chicago, and to the
Home of the Friendless, in said city, in such manner and
to such an extent as the said Firemen's Benevolent Associa-
tion shall deem proper.
§ 3. This act shall be a public act, and take effect from
and after its passage.
Approved February 22, 1861.
48 ' BENEVOLENT ASSOCIATIONS.
In force February AN ACT to incorponitc an In.sane Asvlum in Cook county, Illinois.
.i],1861.
Section 1. ,Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly, That J.
Young Scammon, Ezra B. McCagg, Walter L. JSTewberry,
AVilliam 11. Brown, Cyrus H. McOormick, P. F. W. Peck,
Grant Goodrich, Henry Farnam, Jonathan Burr and Sam-
uel Hoard, and their successors and assigns, are hereby
constituted a body politic and corporate, by such name and
style as they shall hereafter, by resolution, to be recorded
Adoption of name j^ a book of rccords, to be kept by them, see fit to adopt;
and, by that name, to have perpetual succession ; with power
to contract and be contracted with ; to sue and be sued, to
plead and be impleaded, in all courts and places wherever
judicial proceedings are or may be had; to have and use a
common seal, and change the same at pleasure ; adopt by-
laws, rules and regulations for the management of its affairs
and business ; to have, hold and use such real, personal and
mixed estate as may be necessary to its operations, and to
sell and couA^ey the same, and do all other acts necessary to
the execution of the powers herein granted.
Treatment of the § ^- '^^^ objcct and duty of Said Corporation shall be t«
\n^ne. make provision for the proper care and medical and moral
treatment and support of such insane persons as may be
placed under its charge, with a view to restoration to reason
and usefulness.
§ 3. The said corporation is vested with power to select
and purchase a site in Cook county, Illinois, on which to
erect necessary buildings, with such additional land, not
less than fifty acres, as it may have means to pay for, and
to erect the necessary buildings thereon, for the accommo-
dation and proper care and treatment of the insane ; and
for those purposes, may receive property, of any kind, and
money, by donation, grant or devise, or any other mode of
transfer, provided that property and money so received
shall be applied as directed by the persons or corporation
from whom or wdiich received. And all promises and
undertakings to convey or deliver property or pay money
to the said corporation shall be binding, and deemed to have
been upon valuable consideration.
iMrtctors. § 4:. The pcrsous named in the first section of this act
shall be the directors of said institution, to whom power is
hereby granted to execute the provisions of this act; to
appoint a medical superintendent, who shall be a married
man, and of unquestionable ability; and all sucli other offi-
cers and agents as may be found necessary to the proper
and economical administration of the business of the corpo-
ration.
Officer!!. ^ 5. The said directors shall appoint one of their body
as president, and also appoint a secretary and treasurer, and
prescribe and regulate their duties. Instruments of writing,
BENEVOLENT ASSOCIATIONS. 49
conveying, releasing or leasing real estate, shall be signed
by the president, attested by the secretary, and sealed with
the corporate seal.
§ 6. The medical superintendent shall have the entire supermtemient.
and absolute government of all persons employed witliin
the walls of the buildings, or in nursing or attending to the
wants of the patients.
§ 7. The board of directors shall have the general P".^erg of the
charge and superintendence of the grounds, buildings,
improvements, and of persons in their service ; they shall
fix the' compensation and term of service of the medical
superintendent, and the charges for the care and treatment
of the insane, and adopt regulations for the reception and
discharge of patients; and it shall be their duty to receive
and provide for as many as their means will permit, always
giving a preference to recent and curable cases over the
chronic and incurable.
§ 8. For the purpose of perpetuating the existence of Vacancies,
the corporation, the directors, for the time being, shall have
power to till all vacancies which may occur in the board.
§ 9. The certificate of two respectable practicing physi- ^^^it^'^re u^ed'
cians of the insanity of any person whose condition they
have examined and made themselves acquainted with, shall
be sufficient evidence of insanity to justify the receiving
and detaining such person in the hospital.
§ 10, The medical superintendent, and all other persons Privileges and
employed in said institution, shall be exempt from military officers.
duty, and from all personal services required of other citi-
zens by the laws of the state ; and said superintendent shall
not be required to attend any court as a witness, but his
deposition shall be taken and used : Provided^ that in all
criminal cases he may, when required to testify to facts, be
compelled to attend and give evidence as other witnesses ;
but in cases where his testimony is required as an expert he
shall not be required to attend as such witness, nnless upon
the order of the judge of the court in which such case is
pending.
§ 11. All the property of said institution shall be forever Exemption from
free from all taxation, while the same, or the income or
proceeds thereof, shall be used or devoted to the use and
purposes of such institution.
Approved February 21, 1861.
50 BENEVOLENT ASSOCIATIONS.
In force Febi-uary AN ACT to incorporate the Ministerial Education Society of the Methodist
18' ^S6^- Episcopal Church.
Section 1. Be it enacted hy the Peoi^le of the State of
Illinois, represented in the General Assembly^ That Grant
Goodrich, Orrington Lunt, Henrj S. Noyes, Thomas M.
Eddv, Daniel P. Kidder, James G. Hamilton, and their
associates and successors, be and they are hereby constituted
a body corporate and politic, by the name and style of " The
Name and style, j^iiinsterial Educatiou Socicty of the Methodist Episcopal
Church;" and by such name shall have perpetual succession,
with power to sue and be sued, implead and be impleaded ;
to take and hold, by gift, grant, devise or otherwise, any
property and estate, real, personal or mixed, and the same
to manage, grant, sell, convey, lease, or otherwise dispose
of, and to execute any trust or trusts that may be confided
to said corporation for the promotion of the objects of this
corporation ; to have and use a common seal, and the same
to letter at pleasure ; to adopt by-laws for the regulation and
government of the property and afiairs of this incorporation,
and to alter and to amend the same at pleasure : Provided,
the same are not inconsistent with the constitution and laws
of this state.
''^^°^J5<=*«o^'^e § 2- The objects of this incorporation shall be, to aid and
to promote the education of such pious young men for the
ministry of the Methodist Episcopal Church, and in such
ways and manner as to such corporation shall seem best.
§ 3. The said corporators, and their successors, shall hold
their office for three years and until their successors are
chosen and qualified. The said corporators, and their suc-
cessors, shall have power to elect or provide for, and change
the manner of their election and that of their successors,
and also such associates and their successors, as they may,
from time to time, see lit to admit as joint cor^Dorators and
managers of said society, and who, when so elected, shall
hold their office for the same time as said corporators and
until their successors are chosen, and the above named cor-
porators, their associates and successors, may, from time to
time, by a vote of a majority of their whole number, lessen
and reduce the number of such associates.
'te^TJ''^''" ^"^""^ § ^- '^^^^ property at any time held or owned by said
corporation, for the educational purposes aforesaid, shall be
exempted from taxation : Provided^ that said property shall
not exceed fifty thousand dollars in value, to be exempt as
aforesaid.
Approved February 18, 1 SGI.
BENEVOLENT ASSOCIATIONS. 51
AN ACT to incorporate the Preachers' Aid Society of the Central Illinois In force February
Annual Conference of the Methodist Episcopal Church. 1^> ^861.
Section 1. Be it enacted by .the People of the State of
Illinois, rejjresented in the General Assembly^ There shall be
established in the city of Peoria, Peoria county, and state of
Illinois, a society, called and known by the name of "The Location and cor-
Preachers' Aid Society of the Central Illinois Annual Con- p"'^'^"*-"^-
ference of the Methodist Episcopal Church;" which shall be
managed by nine trustees, appointed or elected by the said
conference, at its annual meetings. Five of said trustees shall
be members of said Central Illinois Conference, and four of
them laymen, members of the Methodist Episcopal Church.
The first three trustees named shall serve one year; the sec-
ond three, two year; the third three, three years. They shall The trustees and
1 1 ll\^ • 1 • 1 • 1 . ihtii powers.
nave power to nil vacancies which may occur m their own
body in the interval of the annual conferences; hold meet-
ings quarterly or oftener, when necessary, and hold an annual
meeting at the call of the president, before the session of
said annual conference, and render a full account, annually,
to said conference, of all money on hand, or property, per-
sonal or real, held by them in trust for said society, and
report any other business which shall tend to fmlher or
advance the benevolent objects of the society.
§ 2. Tliat Henry Summers, Andrew Magee, Jesse L. '^^^^11^1'^^'^''^^
Knowlton, G. G. Worthington, L. L. Guyer, Ira E. Ben-
ton, John Chandler, Itichard ilovey, and Charles Yocum,
trustees, shall constitute a body politic and corporate, in the
name and style of "The Preachers' Aid Society of the Cen-
tral Illinois Annual Conference of the Methodist Episcopal
Church,-' who shall manage the affairs of the society, as
hereinafter mentioned ; they shall appoint a president, sec-
retary and treasurer, from among their own body, and make
by-laws, conforming with the constitution of the state of
Illinois, wdiich by-laws shall or may be approved or amended
by said conference, at their annual sessions ; they shall have
power to hold, dispose of, sell and convey property, personal
and real, conveyed to them by gift, devise or otherwise
received, for the use of said sociely. The president shall
preside at all meetings of the board, or, in his absence, a
president ^ro tern, shall be appointed by the trustees, five
of whom shall constitute a quorum for the transaction of
business. The secretary shall keep, in a book provided for
the purpose, an exact record of all the meetings of the board, ^IZtsJ^^' "' '
and attend to such correspondence as may be required for
the benefit of the society. The trear^urer shall receive and Treasurer's duty,
have charge of all money or moneys belonging to the society,
subject to the order of the board of trustees.
§ 3. All money, belonging to or received by the society. Disposition of the
shall be paid to the treasurer, who shall, by the direction of ^'^^^'
the board, loan the same, for lawful interest, on good and
52 BENEVOLENT ASSOCIATIONS.
sufficient real estate security, the interest of whicli shall be
paid, annually, by said treasurer, to the stewards of said
annual conl'erence, to be applied by said stewards as directed
by section i of this instrument.
Relief of super- § 4- Thc objcct of tlic Said socicty is to support or relieve
annuated minis- ^\^q Superannuated or worn out ministei'S and preachers of the
ters and others. ^, -rn- . » i y^ ,• i' ^ i nr ,i t ^ t^ •
Central Ilhnois Annual Conterence ot the Methodist JLpis-
copal Church, their wives and children, and the widows and
orphan children of deceased ministers of said conference.
Widows and orphan children shall be full claimants on the
funds of the society. Superannuated preachers and minis-
ters, havino- been six years or more members of an annual
conference of the Methodist Ejnscopal Church, shall, from
six to ten years, be allowed one-half of their claims; from
ten to twenty years, three-fourths ; and from twenty years
and upwards, their full claims, accordina: to their allowance,
ri^gulated by the discipline of the Methodist Episcopal
Oliurch. The above claims paid,j9r6' rata, according to the
amount of funds on hand. And the conference may, by its
order, relieve any distressed member of its own body, from
the funds of the society.
Subscriptions and § 5. The trustccs may receive funds, by subscription,
donations. donation or bequest, or otherwise; hold real and personal
property, for the benefit of the society, and hold funds, the
income of which shall not exceed two thousand dollars per
year.
§ 6. Any person paying, annually, one dollar or more,
shall be a member of the society, and ten dollars, paid at
one time, a member for life.
Corporate powers g 7. Said corporatioii shall forever be able and capable,
in law and equity, to sue and be sued, to implead and be
impleaded, to answer and be answered, and to defend and
be defended, in all manner of suits, or actions at law, or in
equity, of whatever kind or nature, in the same manner as
any or all private person or persons may do; and may have
a common seal, and may make, alter or renew the same, at
pleasure.
Appkoved Februai-y IS, ISOl.
In force February AN ACT to incorporate the Proac'liors' Aitl Society of tho North Illinois Dis-
1«. l'^*'''- triet ol' the Metliodist rrotestiuit Church.
#
Section 1. Be it enacted by the People of the State of
Tllhnoix, rejnefiented iv the Oeneral Assembly, That i*. J.
Strong, II. T. Shinn, J. W. Bush, C. Gray, NVilliam Eoss,
.lacob Ross, L. S. Bartlett, K. Burns, and J. Muloanc, and
their successors, be and they are hereby created and consti-
tuted a body politic and corporate, under the name and
BENEVOLENT ASSOCIATIONS. 53
style of " The Preachers' Aid Society of tlie North Illinois corporate name
District ; " and henceforth shall be known by that name """^ ^"'''"^'
and style; to remain and have perpetual succession, and
power to sue and be sued, to plead and be impleaded ; to
acquire, hold and convey property, real,, personal and mixed,
in all lawful ways ; to have and use a common seal, and to
alter the same at pleasure ; make and alter, from time to
time, such by-laws and rules of order, for their own govern-
ment, as they may deem necessary and proper, and for the
control also of the officers and agents of said society : Pro-
vided, the same are not contrary to the constitution and laws
of this state or the constitution of the United States.
§ 2. The board of trustees of said corporation or society Board of ti-usteea
shall be under the control of the Isiorth Illinois Annual Coii- ^'"'^ ^erm office.
ference of ministers and laymen of said North Illinois Dis-
trict of the Methodist Protestant Church, and shall be elect-
ed at or during its regular annual sessions, in the manner
following : Said board shall be divided into three classes,
each of which shall consist of three members, and continue
in office for three years or until their successors are elected,
except the first and second classes, whose term of office
shall expire and whose successors shall be elected, re-
spectively, at the first and second sessions of said annual
conference next after the passage of this act.
§ 3. The objects of this corporation shall be : Jij'st, to Aid of superan-
aid in the suppoit of the superannuated ministers and and*oth"rs"'^'^"
preachers belonging to said conference, their wives, widows
and children; second, to assist in making up the annual defi-
ciencies of the salaries of the regular itinerant ministers and
preachers in the servnce of said conference ; and, t/iird, to
assist in the establishment and support of missions in the
bounds of said district. The disbursement of all funds of
said society shall be made in accordance with the above ob-
jects, by said board of trustees, on such basis as ma}^ be
adopted by said annual conference, from time to time, and,
in the absence of any such conference election, in accordance
with their own judgment of the necessities and merits of the
respective claimants.
§4. The officers of this corporation shall consist of a officer? of corpo-
president, vice president, treasm*er and secretary, who shall
he elected by the same, and shall hold their offices for one
year or until their successors be chosen. It shall be the du-
ty of the president to preside at all meetings of the board,
preserve order, and perform such other duties as the same
may require of him. It shall be the duty of the vice presi-
dent to discharge the duties of the president, in the absence
of the latter. It shall be the duty of the treasurer to receive,
safely hold and pay out, upon order of the president, coun-
tersigned by the secretary, all moneys belonging to the soci-
ety ;"he shall give satisfactory security lor the safe-keeping
and prompt payment of all funds of the corporation intrust-
54 BENEVOLENT ASSOCIATIONS.
ed to him, wliicli security sliall be approved b}- the president
and vice president and secretary ; and discharge such addi-
tional duties as the society shall prescribe. It shall be the
duty of the secretary to keep a faithful record of all pro-
ceedings of this corporation in a book adapted to the pur-
pose, preserve all papers belonging to the same, pass them
over to his successor, and discharge all the duties usually
devolving upon like officers in similar societies.
Property of the g 5. Said Corporation shall have power to acquire and
corporation. g[^Q^[i ]^q conipeteiit, lu law and equity, to take to themselves,
in their said corporate name, real, personal or mixed estate,
by gift, grant, bargain and sale, conveyance, will, devise or
bequest, of any or person persons whomsoever, but not to
exceed in value the sum of thirty thousand dollars ; and the
same estate, whether real, personal or mixed, to grant, bar-
gain, sell, convey, devise, let, place out at interest, or other-
w^ise dispose of the same, for the uses and purposes of said
corporation aforesaid, in such manner as to them may seem.
most conducive to its interests and objects.
Violation of char- § 6. Sliould this corporatioD, at any time, act contrary
'^'^' to the provision of this charter or fail to comply with the same,
upon complaint being made to the circuit court of Bureau
county, in this state, scire facias shall issue, and the circuit
attorney shall prosecute, in behalf of the people of this
state, for the forfeiture of this charter.
§ 7. This act shall be a public act, and shall be construed
liberally, in all courts, for the purposes herein expressed,
and shall take effect from and after its passage.
Appkoved February 18, 1861.
In force February AX ACT to incorporate the United Brethren of Belleville, and to repeal an
r-, lS6i. ^^.^ pjititip^ u^^Q ^^^ to incorporate the Belleville Grove Xo. 1 of the U. A.
Order of Druids of the State of Illinois."
Section 1. Be it enacted by the .Peajjlc of the State of
Jllinois, rejiresented in the General Assembly^ That Adam
Aulback, Barucli Caninen, John Albrecht, and their associ-
ates, be and are hereby constituted a body politic and coi*-
porate, by the name and style of '* The United Brethren of
Belleville ;" and by that name may sue and be sued, plead
and be impleaded; and by that name and style be capable,
in law, of purchasing, holding and conveying real and per-
sonal })roperty, for the use of said corporation : Provided,
that said corporation sliall not at an_y time hold property to
an amount exceeding in value twenty thousand dollars.
Objects of tiie cor- §2. The ol>jects of Said corporation shall be mutual re-
poration. |-g^- j^j^^j assistancc, ill case of need and sickness, and sup-
port of widows and orphans of members ; and, for the pur-
BOSWORTH, A. K. 55
pose of carrying into effect the objects of tliis act, the said
Aulback, Canraan and Albrecht are hereby made trustees,
to act in the name and for the said coi'poration, until their
successors are appointed, according to the constitution and
by-laws or regulations made or to be made by said corpora-
tion.
§ 3. The said corporation shall have power to make, for By-iaws.
its government, such constitutic)n, by-laws and regulations
as its members may deem necessary, not inconsistent with
the constitution and laws of this state or the United States.
§ 4. The act to incorporate the Belleville Grove No. 1
of the U. A. Order of Druids of the State of Illinois, ap-
proved February 10, 185Y, is hereby repealed : Provided,
no repeal of said last mentioned act shall, in any wise, im-
pare any contract or obligation made by or with the corpo-
ration thereby created,
§ 5. This act to be a public act, and to be in force from
and after its passage.
Approved February 12, 1861.
AN ACT to authorize Admiral K. Bosworlh to transcribe certain records. In force February
22, 1S61.
Section 1. Be it enacted hy the People of the State of
Illinois^ rejyresented in the General Assembly, That Admi-
ral K, Bosworth be and he is hereby appointed a commis-
sioner, to transcribe the following record of Coles county,
Illinois : 1st : The record of all deeds, mortgages, patents,
&c., for the conveyance of real estate, lying within Cumber-
land county, and recorded in Coles county prior to the for-
mation of Cumberland county. 2nd : The record of all let-
ters of guardianship and the settlements of guardians, where
the estate of the ward was situated in that portion of Coles
county out of which was afterwards formed the county of
Cumberland. 3d : The record of all decrees and judgments
of the circuit court, upon v/hich real estate has been sold,
lying within Cumberland county, Illinois, rendered and en-
tered of record prior to the formation of Cumberland coun-
ty ; also, all decrees affecting the title to real estate, rendered
as aforesaid, where the real estate is situated in Cumberland
county. 4th : All records of the probate court of Coles county
relating to the settlement or disposition of estates situated
in Cumberland county, made prior to the formation of Cum-
berland county. 5th : All records of roads and the plats
thereof, lying within Cumberland county, made prior to the
formation of Cumberland county. 6th : All other records
which may be designated by the board of supervisors of
Cumberland county.
56 BROWN, J. I.,
Record books. g 2. TIiG boavd of supervisors of Cumberland county
sliall, within twelve months after the passage of this act,
procure a suitable number of well bound books, in which to
transcribe the records aforesaid, appropriately designated,
and deliver them to tlie said commissioners.
Oath. § 3. The said commissioners shall, within a reasonable
time after the delivery to him of the records aforesaid, take
an oath, before some person, by law authorized to administer
oaths, to faithfully discharge the duties enjoined upon him
by this act; winch said oath shall be indorsed upon a
copy of this act, and the same shall be recorded by the
recorder of Cumberland county on the lirst page of each
of the records furnished as aforesaid ; and the said commis-
sioners shall, at the conclusion of each volume, append his
certificate that the records included in the same have been
truly transcribed.
§ 4. The said records, when so transcribed, may be read
in evidence in all courts where the original records could
have been read in evidence.
Compensation for § 5. The Said Admiral K. Bosworth shall be allowed
for his services, in transcribing the records aforesaid, the
sum of ten cents per one hundred words by him recorded,
but shall receive no additional pay for examining records,
making plats, &c. ; the same to be audited by the board of
supervisors of Cumberland county, and paid out of the
treasury of said county.
§ 6, This act to take eifect and be in force from and after
its passage.
Appkoved February 22, 1861.
services.
In force February _^AJ ACT for the relief of James L. Biown, late collector of the revenue in
-2. 1«^1- Alexander County.
Whereas James L. Brown, Bheriff" and ex-qfficio collector
of the revenue of Alexander county, for the years a. d.
1854 and 185;"), did, in the year a. d. 1856, pay into the
treasury of the state the sum of $110, 8-4 cents of state
taxes more than he collected, b}^ reason of the oinission,
on the part of the county clerk, to allow him his proper
and just abatements at the June term of said court; there-
fore.
Section 1. Be it enacted hy the People of the State of
Illinois^ rejyresented in the General Assembly^ That the
auditor be and he is hereby authorized to draw his warrant
on the treasury, in favor of the said James L. Brown, for
the said sum of one hundred and ten dollars and 84 cents.
§ 2. This act shall be deemed a public act, and shall
be in force from and after its passage.
Approved February 22, 1861.
BEIDGES. 5Y
AN ACT to incorporate the Bvron Bridge Company. In force February
22, 1861.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That Geor2:e
Northup, Kathaniel Belknap, Silas St. John Mix, A. O.
Campbell, Lucius Kead, and J. P. Smith, and their associ-
ates and assigns, are hereby created a bod}^ politic and cor-
porate, by the name and style of " The Byron Bridge corporate name
Company;" and by that name may have perpetual succes- ''"'^ f""^^'"*-
sion ; may sue and be sued, plead and be impleaded, in all
courts and jilaces where legal proceedings are had ; contract ■
and be contracted with ; may make all needful by-laws and
rules, for the government of said company; may appoint all
officers and agents deemed necessary for that purpose.
§ 2. The capital stock of said company shall be thirty Amount of capi-
thousand dollars, and shall be divided into shares of fifty '*' ^*'"^^'
dollars each, provided said company may have power to in-
crease the capital stock to forty thousand dollars, if deemed
necessary to carry into effect the provisions of this act ; the
additional stock to be divided into shares of fifty dollars, as
aforesaid.
§ 3. A. O. Campbell, Lucius Read and J. P. Smith are commission-rs for
hereby constituted a board of commissioners, for the receiv- scripSTn^. " ^ "
ing of subscriptions to the stock of said company ; which
said subscriptions may be made at such place or places, and
after such notices, and upon such terms, as shall be agreed
upon by a majority of said commissioners.
§ 4. The affairs of such company shall be managed by Directors.
a board of five directors, three of whom shall be a quorum
to do and perform the business of said company ; and as
soon as fifteen thousand dollars of stock shall be subscribed,
in pursuance hereof, said commissioners, or a majority of
them, shall call a meeting of the stockholders of said com-
pany, at which meeting said stockholders shall elect five
directors, who shall hold their office for one year and until
their successors shall be elected and qualified ; and at all
elections held by the stockholders of said company each
stockholder may vote, personally or by proxy, and cast one
vote for each share of stock held by such stockholder. The
time and place of holding the first election may be fixed by
said commissioners, or a majority of them ; and all subse-
quent elections shall be held and regulated according to the
by-laws of said company. •
§ 5. Said company, when organized by the election of construction of
directors, as aforesaid, may construct and maintain a bridge ^^'
over Rock river, at Byron, in the county of Ogle ; and for
the purpose of constructing and maintaining such bridge
and all embankments, approaches, toll houses and dwelling
houses, for collectors, and such other works as may be re-
quisite for said bridge, the said company may take posses-
session of and use so much of the bed and shores of said
—6
58
BRIDGES.
Breclion
?ate.
river, or any public highway, street or alley of said village
of Byron, as shall be necessary. The said company shall
have the same privilege, in procuring the right of way and
material for building said bridge, as are allowed officers of
highways under the law of township organization.
»» § 6. The said company are hereby authorized, after the
completion of said bridge, to place a toll gate at either end
thereof, where they may charge and receive the following
Rate of tolls. ^''^^^cs of toll, for crossiug said bridge, to-wit : For each ve-
hicle, drawn by two horses, mules, asses or oxen, fifteen
cents ; for each additional horse, mule, ass or ox, attached to
such vehicle, three cents ; for each vehicle, drawn by one
horse, mule, ass or ox, ten cents ; for each hog or sheep,
one cent ; for each head of horses, mules, asses or cattle^
other than enumerated as aforesaid, three cents ; for each
footman, three cents ; for each man and horse, five cents :
Provided^ said company may charge double tolls for all
crossing between the hours of nine o'clock p, m. and five
o'clock A. ar., going and returning.
^^^rlJZ . § ■''• ^^}^ company shall, at all times, after the comple-
the bridge. tiou ot Said bridge, keep the same in good repair, and allow
all persons a speedy passage with their animals and vehicles,
upon the payment of the trolls, as specified herein ; and said
bridge shall be deemed a public high^^ay, within the mean-
ing of the laws providing for the punishment of persons in-
juring, obstructing or destroying public highwavs or bridges
in any manner whatever : Provided, that if said" bridge sliall
be destroyed by fire or fiood, or require, from any cause, to
be rebuilt, said company shall be allowed a reasonable time
to rebuild the same.
Towns to take g g. Any towuship in Ogle county, under the township
organization law, may take stock in said bridge, provided
that at the annual meeting in such town a majority of the
legal voters, voting at such town meeting, shall vote to take
stock in said bridge, and shall determine the amount of
stock to be taken by said township. The supervisor and
town clerk of any such town shall execute all bonds or
other obligations, on behalf of said town, which shall be
directed to be executed by the vote of said town, at such
annual town meeting, to secure the payment of the stock so
taken by such town : Provided, that the amount of stock
taken by any one town shall not exceed twenty thousand
dollars. •
§ 9. This act to take efibct and be in force from and
after its passage.
ApntovED February 22, 1861.
BRIDGES. 59
AN ACT to amend an act to authorize a company to build a bridge across the In force February
Illinois river, at the city of Henry. ^^2, ISGl .
Section 1. Be it enacted by the People of the State of
Illinois^ represented in the General Assembly^ That the fif-
teenth section of the act to authorize a company to build a
bridge across the Illinois river, at the city of Henry, approved
February lYth, 1857, be so amended that the time for build-
ing and completing said bridge be extended until the tenth
day of January, 1867.
I 2. • This act shall take effect and be in force from and
after its passage.
Approved February 22, 1861.
AN ACT extending the time for building a certain bridge over Mill creek, in in force February
Pope county, Illinois. 2^' ^^^^•
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assernhly^ That all the
powers and privileges granted to Philip Yinyard, by an act
entitled " An act to amend an act entitled 'an act to author-
ize Jonathan C. Willis to build a toll bridge across Mill
creek, in Pope county,' " are hereby continued and extended
until the first day of September next, together with all the
restrictions in said act.
§ 2. This act shall be in force from its passage.
Approved February 22, 1861.
AN ACT to authorize the city of Chicago to make an assessment to pay the In force February
damages caused by the building of a bridge at Van Buren street, in said -*'' ^®^'-
city, and to pay certain claims against said city.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General AsserrJjly, The com- Asaessaicat by
mon council oi the city of Chicago is hereby authorized ana
directed, on or before the making of the next general tax levy
on said city, to appoint commissioners to make an assess-
ment on the property by the assessors, when appointed,
deemed benefited by the building of the bridge at Yan
Buren street, in said city, in the year 1858, for an amount
sufficient to pay and satisfy the claims against said city,
remaining misatisfied, for damages caused by reason of the
building of said bridge and widening of said river, at that
point, with the costs, expenses and disbursements, including
60 BRIDGES.
amounts due Mahlon D. Ogden, Robert Sliepard and Reuben
Taylor, attending a former assessment of said damages; and
such assessors shall, at the time of the making of such assess-
ment, assess as well the damages and the benefits caused by
the building of said bridge.
§ 2. This act shall be in force from and after its passage.
Appkoved February 20, 1861.
In force February AN ACT to amend the charter of the Illinois River Bridge Company at Ottawa,
16, 1861. jj^(j ^Q repeal an act amendatory thereto, approved on the 13th of February,
1857.
Section 1. Be it enacted hy the People of the State of
Illinois^ reiJresented in the General Assembly, That the word
"repeated," in the last line of section one, of "An act to
amend the charter of the Illinois River Bridge Company of
Ottawa," approved February fifteenth, eighteen hundred
and fifty-five, is hereby stricken out and the word " legalized"
substituted in lieu thereof — the said word "repeated" having
been, by mistake in copying, substituted for the word "legal-
ized;" and said mistake shall in no way afiect the rights of
said company; but the said section shall be construed as if
the last word of the same had originally been correctly
written "legalized."
Hxciusivc rights. § 2. No other bridge, authorized to collect tolls from
passengers, shall be built across said Illinois river within
three miles of said bridge within seven years after the pas-
sage of this act.
§ 3. This act shall be deemed and taken to be a public act,
and shall take effect and be in force from and after its pas-
sage ; and an act entitled " An act to amend the charter of
the Illinois River Bridge Company at Ottawa and to author-
ize certain towns in La Salle county to loan money to said
company, and to provide for building a bridge across Coral
creek, in La Salle county," approved February thirteenth,
eighteen hundred and fifty-seven, be and the same is hereby
repealed, *
Approved February 16, 1861.
BRIDGES. 61
AN ACT to protect the wire suspension bridge over the Kaskaskia river, at in force February
or near the town of Carlyle, in Clinton county. ^^' ^^^^•
Section 1. Be it enacted hy the People of the state of
Illinois^ represented in the General Assembly^ That, for the Fast driving, and
protection of said bridge, no horse, buggy, carriage, cart, p^^°*'*'«« *'^"«-
dray, wagon or other vehicle of any description, shall be
allowed to travel over said bridge at a faster rate than a
walk ; nor shall any stock drover of horses, mules or cattle,
be allowed to let more than ten of any of the above named
loose stock on said bridge at any one time; and any person
or persons violating the provisions of this act shall be guilty
of a misdemeanor, and shall be fined, not less than ten nor
more than one hundred dollars, recoverable before any jus-
tice of the peace in said county; and after judgment has
been had against him or them, in default of payment, he,
she or them shall be committed to jail, and there to remain
until said debt or fine is paid. Any person seeing this act
violated, who is competent, shall be a competent witness.
§ 2. And it shall be the duty of the county court of said '^}^ '^^^^^"^ "^
county, and they are hereby required, to have painted and
put on a board, at each end of said bridge, the penalties
imposed by this act ; and if any person or persons shall cut,
mark or deface said sign board, so put up, he or they shall
be guilty of a misdemeanor, and shall be liable to all the
penalties imposed by the first section of this act. And all
fines collected under this act shall be paid into the county
treasury. This act to take effect from and after its passage.
Appeoved February 18, 1861.
. -vT ■ ,-.m , L ■ • 1. j.y r\ -D • 1 ^ In force February
AN ACT to prevent injury to the Oregon Bridge. 21, 1861.
Section 1. Pe it enacted hy the People of the State ^p^stdriviBg
Illinois, represented in the General Assembly, That if any
person or persons shall, hereafter, in crossing the bridge
over Rock river, at Oregon, in Ogle county, Illinois, lead,
ride or drive any beast, carriage or other vehicle, in a faster
gait than a walk, shall be fined, for every such offense, the
sum of ten dollars.
§ 2. That if any person or persons shall lead, ride ov
drive any wagon or other vehicle over said bridge, with
more than four horses or other animals attached to the same,
shall be fined in the like sum of then dollars.
§ 3. That in crossing cattle and horses over said bridge,
not more than then head shall be permitted to pass over or be
on one span at a time ; and any person or persons who shall
violate this section shall be fined in the sum of twenty-five
dollars.
Collection of
fioes.
62 BKIGHTON COMPANY.
§ 4. That if any person or persons shall move or place
upon said bridge any building, engine boiler or other cum-
bersome article, the weight of which will exceed eighty
hundred pounds, shall be fined in the sum of fifty dollars.
§ 5. That any such fine may be recovered by an action
of debt, in the name of the people of the state of Illinois,
before a justice of the peace ; and that any person may be
a witness in any such prosecution, notwithstanding his being
a resident of said town of Oregon; and that all such fines shall
be paid over to the highway commissioners of said town of
Oregon, and shall be used by said commissioners in repair-,
ing and maintaining said bridge. That this act shall not in
anywise affect or prevent said town maintaining and prose-
cuting any action for any injury said bridge may have sus-
tained and for which a penalty is herein provided.
That this act shall take effect and be in force from and
after its passage.
Approved February 21, 1861.
In force February ^jf ^OT to amend an act entitled "An act to incorporate the Brighton Hotel
' ■ and Stock Yard Company," and to change the name thereof.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assemhly^ That the cor-
poration created under and by virtue of " An act to incor-
porate the Brighton Hotel and Stock Yard Company,"
approved February 14th, 1857, is hereby authorized to
change its name to that of the " Brighton Company ;" and
by that name the said company shall succeed to and hold
all the rights, privileges, powers, franchises and property
conferred or acquired under the original act of incorporation ;
and sections four (4) and six (6) of said act of incorporation
are hereby so amended as to authorize the stockholders of
said Brighton Company, at any annual election of directors
of said company, to reduce the number of said directors to
three (3.)
§ 2. This act shall take effect and be in force from and
after its passage.
Approved February 22, 1861.
CEMETERIES. 63
AN ACT to change the name of the Bloomingdale Cemetery Association, in in force February
in Du Page county. ^'^< ^S*'^-
Section 1. jBe it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the name
of the Bloomingdale Cemetery Association, in DuPage
county, is hereby changed to "The Greenwood Cemetery
Association."
Approved Febrnary 13, 1861.
AN ACT to incorporate the Belleville Oakwoods Cemetery Association. In force February
22, 1861.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the Ge: eral Assembly, That Henry
Goedeking, Samuel Stookey, George Trumbull, C. T. Elles,
T. J. Kraefft, Sharon Tyndale, Theophilus Harrison, David
Swyer, William S. Thomas, William Homeier and Louis
Kauschkolb, or any five of them, be and they are hereby
constituted a body politic and corporate, by the name and
style of " The Belleville Oakwoods Cemetery Association ;" corporate
«'--- - ^ •'. -.in and powers.
name
and by that name to have perpetual succession, and shall
have and possess and be invested with all the powers,
rights, privileges and immunities incident to a corporate
body.
§ 2. The objects of the said association shall be to lay ^IJi^lrg^/oU'. ""'
out, inclose, improve and ornament a piece of ground, as a
burial place for the dead; and for these objects the persons
above named, or any five of them, and any other or others
whom they may elect as associates, may acquire, by pur-
chase or donation, any lands acljacent to the city of Belle-
ville, in the county of St. Clair, not exceeding one hundred
acres, and may sell and convey the same, in parcels or lots,
one or more, of such dimensions as they may determine
upon.
§ 3. The ofiicers of the said association shall be such as o^fficeruJ the
the members of the association, or a majority of them, may,
from time to time, determine upon and elect ; and the duties
and privileges of such ofiicers shall be determined by a
majority of the members of the association ; and any or all
of the business or afi'airs of the association may be conducted
by one or more ofiicers, at the election of a majority of the
members.
§ 4. The members of this association, or three-fourths
of them, may, from time to time, increase their numbers ;
and a majority of them may make by-laws, rules and regu- Ruies^and regui«-
lations for their government, in all matters concerning the
association and its business and affairs ; they shall procure a
CEMETERIES.
of lots
Lots to be kept
IB good order.
corporate seal, with such device or devices as they may
choose, wherewith all deeds, certificates and other writings,
made and issued by said association, shall be sealed ; and
they shall keep a legible, clear and true record of all pro-
ceedings, orders, purchases, sales, payments, receipts and
burials, with name, birth-place and age, when obtainable, of
the deceased ; which record shall be open to the inspection
of any or all of the members of said association : Provided^
that the officer whose duty it shall be to make such record
shall not be compelled to record burials, with name, etc.,
without a fee, not exceeding sixty cents, to be paid by the
party requiring the record.
§ 5. The association shall cause the ground which they
may acquire, or any part thereof, to be laid out into lots,
avenues, walks and alleys, suited to the objects hereinbefore
named ; and whenever the same is so laid out and recorded
in the office of the recorder for St. Clair county, the part so
laid out, and dedicated, and kept for the objects hereinbe-
fore named, shall forever thereafter be exempt from all
assessments and taxation, and from seizure and sale on exe-
cution, or by any order or decree of any court, and from
any appropriation for public uses or purposes, unless, for
such uses or purposes, the majority of the members of the
association and owners of lots shall consent thereto. But
the association may lease or rent out any portion of the
ground which they may have acquired and not laid out, as
above described, and use the income from the same for the
objects hereinbefore mentioned.
§ 6. The conveyance of lots from the association to
individuals may be by certificate, signed by two officers,
thereto authorized by the association, and sealed with the
corporate seal of the association ; and every such certificate,
so signed and sealed, or the record of the same, made by
the proper officer of the association, or a certified and sealed
copy of such record of the same, shall, either of them, be
evidence of ownership, in any court in this state.
§ 7- Lot owners may hold one or more lots, as tenants
in common ; but no lot shall be so alienated that difierent
persons may hold the same, or parts thereof, in severalty;
nor shall the conveyance of any lot or lots, from any owner
or owners to any other person or persons, be valid or com-
plete, until the same shall have been entered upon the
record of the association, and until a sealed certificate of
purchase or conveyance shall be issued by the proper officer
of the association — for which sealed certificate said officer
shall be entitled to a fee, not exceeding sixty cents.
§ 8. The association may require any lot owner or own-
ers to keep in good order and repair any lot or lots owned
by him, her or them ; and, to the effect thereof, should such
owner refuse or delay, beyond thirty days, after written
notice, to repair or put in order his, her or their lot or lots,
CEMETERIES. 65
then sncli owner or owners shall be debarred from all rights,
privileges, immunities and proceediugs, in all and any mat-
ter or matters concerning the association or owners of lots,
and remain so debarred nntil such repair or order be com-
pleted : Provided^ that the association shall not require, at
any one time, any repairing or putting in order wliich shall
exceed in cost the original purchase price of the lot or lots
needing such repairs.
§ 9. Lot owners shall, at all times, have a right of way. Right of way-
in his or her own person, over any avenue, walk or alley,
laid out for the objects of the association, and also to pass
and repass, in conformity with the rules and regulations of
the association, over any of the avenues, walks or alleys, so
laid out,
§ 10. Any person who shall destroy, injure, disturb, or in Molesting ef
any way molest any tomb, vault or grave, within the inclo- ^^^^^^'
sure of the said association, with the intention or pui^pose
of removing any body, or clothing, or ornament, or jewel,
therefrom, or any person in any way aiding or abetting in
the same, without written permission to [from] the proper
officer of the association, shall be deemed guilty of felony,
and, upon conviction, shall be fined in a sum sufficient to
pay all the costs of replacement and repair, and all the costs
of arrest, and suit, and prosecution, and shall be imprisoned
in the state penitentiary for a term not less than one year.
And any person who, withuot consent of the owner or injury of destruc-
owners of the lot or lots whereon the same may stand, shall tionof propeity.
destroy, injure, disturb, or any way molest any monument,
slab, stone, tree, shrub, plant, or other thing, w^ithin the
inclosure of the said association, shall be deemed guilty of
an offense, and shall, upon conviction, be fined in a sum
sufficient to pay all the costs of replacement and repair, and
all the costs of arrest and prosecution, and shall be impris-
oned in the county jail for a term not less than three
months.
§ 11. This act shall be a public act, and shall take effect
and be in force from and after its passage.
Appkoved February 22, 1861.
AN ACT for the vacation of the Cemetery in the town of Cambridge, in the ^^^^^^fg^^/"^'^
county of Henry.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the
cemetery or burying ground, platted and formerly used by
the citizens of Cambridge, and situated adjoining said town
of Cambridge, in the county of Henry, and state of Illinois,
GQ CEMETERIES.
and situated on section No. seven, township No. fifteen
north, range three east ot tlie fourth principal meridian, in
the county and state aforesaid, be and the same is hereby
decLared. vacated.
§ 2. The trustees of said town are hereby authorized to
remove, or cause to be removed, to the new cemetery, (lately
purchased and platted, situated on section thirteen, township
fifteen north, range two east,) all persons heretofore buried
in the old or first-named cemetery; and, for that purpose,
may pass such ordinances as they may deem proper.
§ 3. The said trustees, after having caused the removal
aforesaid, shall have jDower to sell or dispose of the grounds
now occupied in the old cemetery, and apply the proceeds
to the improvement of the new cemetery.
Appeoyed February 20, 1861.
In force February AN ACT to incorporate the El Paso Cemetery Association.
18, 1861. ^
Section 1. J3e it enacted l>y the People of the State of
Illinois^ represented in the General Assembly^ That Samuel
L. Kerr, Robert A. McClellan, Lewis B. McOmber, Alexan-
der Hawthorn and Alanson Stockwell and their associates,
in the town of El Paso, in the county of Woodford, and
their successors, be and they are hereby constituted a body
corporate and politic, by the name and style of the "El
Corporate nan>e. p^^^ Cemetery Association," and, by that name, shall have
perpetual succession, and shall have all the powers, privi-
leges, liabilities, and immunities incident to a corporate
body.
Laying out of § 2. The object of said association shall be, exclusively,
groun s. ^^ 1^^^ ^^^^^ inclose, ornament, and keep in repair, a plat or
piece of ground, not exceeding forty acres, which shall be
exempt from taxation, from attachment and execution, to
be used as a burial place for the dead.
§ 3. Said association shall have power and authority to
obtain possession of real estate, by purchase, exchange, or
otherwise, for cemetery purposes, and to hold the same, to
an amount at no time exceeding forty acres, and to sell, ex-
change or dispose of any part or parcel of land, not actually
needed for cemetery purposes: Provided^ always^ that the
amount be not reduced to less than twenty acres.
Lots. § 4. Said association shall have :power to lay out said
burial place into lots, of suitable size for family burial de-
partments, and sell the same ; the purchaser of which shall
use said lot as herein contemplated, and for no other purpose
whatever.
CEMETERIES. 07
§ 5. The proceeds of sucli sale and other funds which ^"'''"=''*'°" "^
may come into the possession of the association shall be ap- '^ ''
propriated and nsed in paying for and laying out the grounds
and in improving and ornamenting the same, or in other
objects connected with the incorporation,
§ 6. The officers of this association shall consist of live Trustees.
trustees, who shall choose from their number a president
and a secretary, who shall also act as treasurer. Said offi-
cers shall hold their office for two years and nntil their suc-
cessors are elected. The election for officers shall be held
on the first Monday in March, biennially ; but any failure
to elect officers at the proper time shall not operate as a for-
feiture of this act of incorporation.
§ 7. Every member, holding one or more lots, shall be
a member and entitled to one vote only.
§ 8. The right of property to any lot or lots, which may Boot of record,
be sold by said association shall be vested in the purchaser
by a certificate of purchase, signed by the president and
countersigned by the secretary, and shall be recorded in a
book kept by the secretary for that purpose ; and every trans-
fer of such certificate shall be made by surrendering the
same to the secretary, who shall then issue a new certificate
and cancel the former.
§ 9. The said corporation shall have power to make, es- Ruies and regu-
tablish and change by-laws, and prescribe rules and regu-
lations for the government of said cemetery association and
its officers, and shall have power to raise, upon an assess-
ment upon the owners of lots, such sums as may be neces-
sary to keep the inclosing w^alls or fence in repair.
§ 10. The said association shall set apart, and hold sacred Buriaiof thepoor
for that purpose, a portion of the ground within their boun-
daries, sufficient to bury the poor and strangers.
§ 11. If any person shall clandestinely open any tomb Molesting tombs.
or grave in the inclosure of the El Paso Cemetery Associa-
tion, and shall remove or attempt to remove any body or
remains therefrom, such person, upon conviction thereof, in
any court of competent jurisdiction, shall be sentenced to
undergo an imprisonment in the state prison, at hard labor,
for a term of not less than six months or more than one year,
or pay a fine of not more than five hundred or less than one
hundred dollars, or both, in the discretion of the court hav-
ing jurisdiction thereof; and any person who shall willfully
destroy, mutilate, deface, injure, or remove any tomb, mon- ^"J"^^ *° p''°i'"-
ument, gravestone, or other structure, placed within the in-
closure of said cemetery association, or any fence, railing,
or other work, erected for the protection or ornament of
said cemetery, or any tomb, monument, gravestone, or other
structure, placed therein, as aforesaid, or shall willfully des-
troy, cut, break, injure, or remove any tree, shrub, plant, or
part thereof, within the limits of said cemetery, or shall
shoot or discharge any gun, or other firearms, or any fire-
68 CEMETERIES.
works or other missile, capable of doing any injury to any
structure or plant, as aforesaid, within the limits of said
cemetery, as aforesaid, shall be deemed guilty of a misde-
meanor, and shall, upon conviction thereof, before any jus-
tice of the peace, be punished by a line of not less than live
nor more than one hundred dollars, or upon conviction
thereof before any other court of competent jurisdiction,
shall be punished by a fine as aforesaid, or by imprisonment
for a term not exceeding one year, or both, at the discretion
of the court having jurisdiction thereof, according to the, na-
ture and aggravation of the offense; and such ofiender shall
also be liable in an action of trespass, to be brought against
him in any court of competent jurisdiction, in the name of
said association, to pay all such damages as shall have been
Application of occasioncd by his nulawful act or acts ; which money, when
money collected, j.g^gj^g^j^ gj^^^H i,q applied by the said corporation, under the
direction of the board of trustees thereof, to the reparation
and restoration of the property destroyed or injured, as
above ; and members of the said corporation shall be com-
petent witnesses in such suits ; and to enable the said cor-
poration to enforce the pronsions of this section, power and
authority are hereby given to the superintendent, gate-keeper
or sexton of the said corporation, for the time being, to ar-
rest, without process, any person or persons, who to their
knowledge, may have committed any offense against the
provisions of this section, and shall carry such offender or
offenders before a justice of the peace for trial or examina-
tion.
Record of busi- § 12. Said board of trustess shall cause to be kept, in a
"*^'^- book for that purpose provided, a full and complete record of
all their meetings, proceedings, orders, purchases and sales of
property, with the names of the parties thereto ; also a com-
plete register of the burials heretofore made, as near as may
be, and hereafter to be made in said cemeter}^, with the
names and ages of the dead ; which book of record, as well
as all other books kept by the board of trustees, or the sec-
retary, shall at all times be open for inspection by the mem-
bers of the association.
Compensation of § 13. It shall bc the duty of the trustees to have the gen-
officers. QYQ^ management and superintendence of the cemetery, ap-
point a sexton and other officers, and fix upon their compen-
sation.
§ 14. This act shall take effect and be in force from and
after its passage.
Approved February 18, 1861.
CEMETEEIES. 69
AN ACT to incorporate the Forreston Cemetery Association. In force February
14, 1861.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That John
Meyers, Thomas Botdorf, Seton Halsey, David lihinehart,
and Matthew Blair, and their associates and successors, be
and thej are hereby created a body corporate and poKtic, by
the name and style of " The Forreston Cemetery Associa-
tion, in the town of Forreston, in the county of Ogle, and
state of- Illinois ;" and by that name and style to have per-
petual succession, and all the powers, rights, liabilities and
immunities incident to a corporate body.
§ 2. The ofhcers of said association shall be five direc- Directors and of-
tors, and such other officers, as by this act may be author-
ized or created, each of whom shall be the owner of one or
more lots in the cemetery of said association. Said direc-
tors or a majority of them, in all cases, shall constitute a
board for the transaction of all business, and the manage-
ment of all property of said association, and shall be elected
by ballot biennially, on the first Monday in March of every
second year, and shall hold their offices until their successors
are elected. Any neglect to choose officers on the day fixed
upon by this act, shall not operate as a forfeiture of this act
of incorporation.
§ 3. Said board of directors shall choose, from their own ^^g^^gj. """
number, a president, a treasurer, (who shall act as secretary,)
and shall appoint from the members of said association, a
sexton, and such other officers as the interest of said associ-
ation may require. A bond, with security, may be taken,
by said board from said treasurer for the faithful discharge
of the duties of his office.
§ 4. At all elections of said association, two of said di- Elections.
rectors shall act as judges, and the secretary of the board as
clerk thereof; and said clerk shall, within ten days after
each election, give to the persons chosen a certificate of their
election. When a vacancy shall occur in the board of di-
rectors, for any cause, the remaining director or directors
shall fill such vacancy by appointment, till the end of the
term, from among the members of this association.
§ 5. Every person ha^dng a title to one or more lots in
said cemetery, shall be a member of said association, and
entitled to one vote only. Absent members shall have pow-
er to vote by proxy, authorized by writing, first filed with
the secretary of said board.
§ 6. Said board of directors shall have power to purchase, ^p^^^t^ase^^ ^^/f
receive by grant or otherwise, and hold lands, not exceeding landsr
twenty acres, for a cemetery, and to lay out the same into
lots suitable for the burial of the dead, and also, after setting
apart a portion thereof, for a potter's field, to sell and con-
vey the same, by certificate of purchase, signed by the pres-
ident and attested by the secretary; and the purchasers
70
CEMETEBIES.
Application
funds.
Conveyances.
Records
Ownership of lots
thereof, their heirs and assigns, shall use their said lots for
burial purposes only.
§ 1. The proceeds arising from the sale of said lots, shall
be applied by said directors in making such improvements
upon said cemetery as they shall think necessary and appro-
priate, and for such other purpose, for the interest of said
association, as the said directors may deem necessary. And
said board of directors shall have power to establish and
change by-laws, prescribe rules and regulations for the ap-
pointment, term of office, duties and fees of their officers,
the government of the association and the general super-
vision and control of its property. Said board may, for
cause, remove any of the officers of its appointment.
§ 8. All deeds and other writings, made or issued by
said association, shall be signed by the president and attest-
ed by the secretary.
§ 9. Said directors shall cause to be kept and preserved
in a book or books to be procured by them for the purpose,
a full and complete record of all their meetings, orders, pur-
chases and sales of property, with the names of the parties
thereto ; also, a complete register of the burials in said cem-
etery; which book of records shall, at all times, be open for
the inspection of the members of the said association and
under the control of the said board of directors.
§ 10. The right of property to any lot or lots in said
cemetery shall be vested in the purchaser, by certificate of
purchase, signed by the president and attested by the secre-
tary; which certificate shall be recorded by the secretary.
Every transfer of such certificate shall be made by surren-
dering the same to the secretary, who shall issue a new cer-
tificate to the assignee and cancel the former. Lots owned
by individuals in said cemetery shall not be subject to be
sold on execution for debt.
§ 11. All the property and efi'ects of this association
shall be exempt from taxation.
§ 12. A plat of said cemetery shall be made by some
competent surveyor, under the direction of the said board
of directors, attested by the said surveyor, and acknowledged
by the president of said association, before any officer au-
thorized to take acknowledgments of deeds, and, when so
attested and acknowledged, shall be recorded in the record-
er's office of the county of Ogle, and state of IIHnois ; and
such recording shall give to the record all the force, effect and
virtue that is by law given to records of town plats.
§ 13. This act shall be considered a public act, and shall
be construed beneficially for all purposes herein specified or
intended. To be in force from and after its passage.
Appkoved February 14, 1861.
CEMETERIES. 71
AN ACT to incorporate the GracelanJ Cemetery Companv. In force February
' •' 22,1661.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That William
J3. Ogden, Edwin II. Sheldon, Thomas B. Bryan, Sidney
Sawyer and George P. A. Healy, and such others as tliey
may hereafter associate with themselves, be and they are
hereby created a body politic and corporate, in fact and in
name, by the style and title of " The Graceland Cemetery
Company ;" and by that name shall have perpetual succes-
sion and be capable of suing and of being sued, of contract-
ing and being contracted with, of pleading and being
impleaded, in any court of law and equity in the state of
Illinois ; and they and their successors may have a common
seal, and make and alter the same at pleasure ; and to do
such other things as are incident to a corporation and not
inconsistent with the constitution of the state of Illinois.
§ 2. The five persons named shall be the first board of ^"^^/^ ^^ "fjf V
managers of the Graceland Cemetery Compan}", and shall duties.
have power to receive subscriptions for the purchase of pro-
perty and the laying out and ornamenting of grounds for
cemetery purposes, as contemplated by this act ; and may
issue certificates, representing the interest of subscribers in
the property held by the company, and in the proceeds of the
sale of burial lots and the individual interests represented
by such certificates shall be assignable and transferable only
in such way as the managers for the time being may, from
time to time, direct ; and such individual interests are here-
by declared to be personal estate. And the said managers
shall have authority to call in and demand from the subscri-
bers, respectively, such sums of money by them subscribed,
at such times and in such payments or installments as they
shall deem proper, and to compel the payment of install-
ments so demanded, by forfeiture of the interests of any
subscriber refusing to pay such installments, so demanded,
or by the sale by them of such part of his interest as may
be necessary to pay such installment. And it shall be law-
ful for said managers to receive, at their option, such real
estate or personal property, at an equitable valuation, in
payment of subscriptions, as they may deem available for
the purposes of the company ; and no subscriber shall be
liable for the debts of the company in a greater amount
than the interest actually owned by him at any time.
§ 3. The said managers of the said company, and their P^^^'iJ''" °f ^'*'
successors, shall have power and authority, in the name of
said company, to obtain possession of real estate, by pur-
chase, exchange or otherwise, for cemetery purposes, in the
township of Lake View, county of Cook, state of Illinois ; to
hold the same, to an amount at no time exceeding five hun-
dred (500) acres ; to sell, exchange or dispose of any part or
parcel of land that they may be' compelled to purchase, in
'<^
CEMETERIES.
Laying out
grounds.
Hxemption
taxes.
Interments.
Donations
grants.
Molesting tombf,
order to obtain such grounds, as may not be actually needed
for burial purposes.
of § 4. The managers, and their successors, shall have
authority to lay out and ornament, for cemetery purposes,
such grounds as they may acquire, as aforesaid ; to make
and have recorded in the recorder's office of Cook county a
plat of such grounds and of such additions thereunto as they
may make at any time ; and the filing of such a plat for
record shall operate as a legal vacation of any former plat
or subdivision of the same, and of any roads or alleys passing
through the same ; also to erect such buildings, tombs, in-
closures or other structures as they may deem advisable ; to
arrange and dispose of burial lots, on such terms and with
such conditions for the permanent care and preservation of
the cemetery, or any part thereof, as they may agree upon
with purchasers ; to make such by-laws and regulations rela-
tive to the election and duties of managers and their succes-
sors, the appointment of officers and agents and their several
duties and compensations, and to make such rules and regu-
lations, from time to time, for the government of lot-holders
and visitors to the cemetery, as they may deem necessary,
™ § 5. All lots sold for burial purposes, by said cemetery
company, when conveyed by the corporation to individual
proprietors, shall be indivisable, but may be held and owned
in undivided shares ; and shall be free from taxation and
from execution and attachment : Provided^ that no one
person shall hold, at any one time, more than four lots so
exempted; and all estate, real or personal, held by the com-
pany, actually used by the corporation for burial purposes,
or for the general use of the lot-holders, or subservient to
burial uses, and which shall have been platted and recorded
as cemetery grounds, shall likewise be exempt, as above.
§ 6. Every lot sold by the cemetery company, for
burial purposes, shall be held by the proprietor for the
purpose of sepulture only, and shall be transferable only by
the consent of the managers ; and no lot-holder shall permit
interment in or upon any lot held by him for a consideration.
d § 7. The said corporation may take and hold any grant,
donation or bequest of property, real or personal, upon trust,
to apply the same or the income thereof, under the direction
of the board of managers, for the improvement or embel-
lishment of the said cemetery, or for the erection, repair,
preservation or removal of any tomb, monument or grave-
stone, fence railing or other erection, or for the planting
and cultivation of trees, shrubs, flowers or plants in or around
any cemetery lot, or for improving the said premises in any
other manner or form, consistent with the design and pur-
poses of this act, according to the terms of such grant, dona-
tion or bequest.
§ 8. If any person shall clandestinely open any tomb or
grave in the inclosure of the Graceland Cemetery Company,
CEMETERIES. 73
and shall remove or attempt to remove any body or remains
therefrom, such person, upon conviction thereof in any
court of competent jurisdiction, shall be sentenced to under-
go an imprisonment in the state prison, at hard labor, for a
term of not less than six months or more than one year, or
pay a fine of not less than one hundred or more than five
hundred dollars, or both, in the discretion of the court hav-
ing jurisdiction thereof And any person who shall willfully injuring property
destroy, mutilate, deface, injure or remove any tomb, monu-
ment, gravestone or other structure, placed within the in-
closure of said cemetery company, or any fence, railing or
other work, erected for the protection or ornament of said
cemetery, or any tomb, monument or gravestone or other
structure, placed therein as aforesaid, or shall willfully
destroy, cut, break, injure or remove anj tree, shrub, plant,
or any part thereof, within the limits of said cemetery, or
shall shoot or discharge any gun or other fire-arms, or any
fire-works or other missile, capable of doing any injury to
any structure or plant, as aforesaid, within the limits of said
cemetery aforesaid, shall be deemed guilty of a misdemeanor,
and shall, upon conviction thereof, before any justice of the
peace, be punished by a fine of not less than five nor more
than one hundred dollars ; or, upon conviction thereof, before
any other court of competent jurisdiction, shall be punished
by a fine as aforesaid, or by imprisonment for a term not
exceeding one year, or both, at the discretion of the court
having jurisdiction thereof, according to the nature and ag-
gravation of the oflfense. And such offender shall also be
liable, in an action of trespass, to be brought against him in
any court of competent jurisdiction, in the name of said
company, to pay all such damages as shall have been occa-
sioned by his unlawful act or acts; which money, when
recov(ired, shall be applied by the said corporation, under the
direction of the board of managers thei'eof, to the reparation
and restoration of the property destroyed or injured as
above ; and members of the said corporation shall be com-
petent witnesses on such suits. And, to enable the said Arrest of offend-
corporation to enforce the provisions of this section, power
and authority are hereby given to the superintenderit and
gate keeper of the said corporation, for the time being,
respectively, to arrest, without process, any person or per-
sons who, to their knowledge, may have committed any
offense against the provisions of this section, and shaU carry
such offender or offenders before a justice of the peace for
trial or examination.
§ 9. No roads or streets or other thoroughfares shall be Roads and streets
laid out through any property, selected and held by said
cemetery company for burial purposes, without consent of
the managers of the company, nor shall any of the lands so
selected and held be condemned, for right of way, by any
other corporation, for any purpose whatever: Provided,
—7
74 CEMETERIES.
that tills section shall only apply to such lands as shall have
been platted and recorded as provided for in section four of
this act,
§ 10. The corporation known and designated as " The
Graceland Cemetery Company," organized under the man-
agement of the same corporators hereinbefore named, under
the act to provide for the incorporation of cemetery associa-
tions by general law, approved February llth, 1855, is
hereby merged in the corporation of the same name created
by this act ; and so much of the grounds of said company as
have been duly platted and recorded as a cemetery in the
records of Cook county, Illinois, together with such lots in
said recorded plat as have been sold for purposes of sepul-
ture, shall be embraced within the provisions and entitled
to all the benefits of this act, without record.
§ 11. This act shall take effect from and after its passage.
Appeoved February 22, 1851.
In force February AN ACT to incorporate the Hutcliinson ('emetery Association, in Springfield,
18, 1861. Illinois.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the lot
owners in the tract or parcel of land, situated and being in
the western part of the city of Springfield, in the state of
Illinois, known as "The Hutchinson Cemetery," be and
they are hereby incorporated, under the name and style of
Corporate name "The Hutchiuson Cemetery Association ;" and, by that name
and style. ^^^^ stylc, to havc pcrpetual succession, and all the powers,
rights, liabilities and immunities incident to a corporate
body.
Officers. § 2. The officers of said association shall be elected by
the lot owners, except as hereinafter provided ; and said
. elective officers shall consist of nine directors, each of whom
shalt be the owner of one or more lots in the said cemetery ;
and the said directors, or a majority of them, shall consti-
tute a board for the transaction of all business and the man-
agement of all property of said association.
Biennial election § 3, The Said dircctors shall be elected by ballot, on the
of directors. ^^^t Mouday of April next, and every two years thereafter,
and shall hold their offices until their successors shall be
elected and qualified ; and notice of the election of directors,
to be held on the first Monday of April next, shall be given
by one or more lot owners, at least ten days before such
election, by publishing a notice thereof in one of the news-
papers published in the city of Springfield, 111., specifying
the time and place of said election ; and the said election
CEMETEKIES. 75
shall, in matters not herein provided for, be conducted in
such manner as the lot owners attending the same shall
deem proper; and the persons receiving the highest number
of votes cast at such election shall be declared duly elected.
§ 4. At all elections, after the election provided for in certificate of
the third section hereof, two of the said directors of this as- ''''^''^*'°"-
sociation shall act as judges and the secretary of said board
shall act as chief clerk thereof; and the said clerk shall,
within ten days after each election, give the jDersons elected
as directors a certificate of their election. And the said
board may, on giving ten days' notice thereof, hold a special
election, to fill the vacancy or vacancies occasioned by the
death, resignation or removal of any of said directors.
§ 6. Every person having a title, in fee, to one or more
lots or fraction of a lot in said cemetery, shall be a member
of said association, and be entitled to one vote only.
§ 6. The said board of directors shall have power to ^^^^^"'^ '■^®''
purchase, receive by grant or otherwise, a lot of land, suita-
ble for the residence of a sexton, and erect thereon such
buildings as may be required for that purpose.
§ 7. The said board of directors shall have power to es- Riies and by-
tablish and change by-laws, prescribe rules and regulations
for the appointment, term of office, duties and fees of their
officers, the government of the association, and the general
supervision and control of the said cemetery ; and the said
board may, for cause, remove any of the officers of its ap-
pointment.
§ 8. The said board of directors shall choose from their Treasurer's bond,
number a president and treasurer and shall appoint from the
members of said association a suitable person for secretary
and a sexton, together with such other officers as the inter-
ests of said association may . require. The said board
shall take a bond, with sufficient security, from the treas-
urer, whereby he shall obligate himself, in all things, to
faithfully discharge the duties of his office, and truly and
honestly account for all moneys which may come into his
hands belonging to said association.
§ 9. The said association shall have and keep a corpo- corporate seai.
rate seal, with such device and inscription thereon as may
be ordered by the said board of directors ; and all deeds and
other writings made or issued by said association shall be
signed by the president, attested by the secretary, and sealed
with said corporate seal.
§ 10. The said board of directors shall have j^ower, at Tax for repairs,
any time, to levy and assess upon the members of this asso-
ciation, to be apportioned among them upon the basis of the
number of lots owned by each, a tax sufficient to keep,
maintain and preserve said cemetery and its inclosures in
good order, repair and condition ; and the said board^ of di-
rectors, shall, upon the assessment and levy of said tax,
make out a certificate, under the seal of said board, signed
76 CEMETERIES.
by the president and attested by tbe secretary of said board,
showing the amount so assessed upon each member of said
association ; and the tax so assessed, levied and certified,
upon each member of said association, shall, from the date
of said certificate, be a lien upon any property belonging to
the person upon whom the same shall be levied and assessed;
and the tax levied and assessed as aforesaid, if not paid within
ten days after demand thereof, may be collected by suit, in
the name of the board of directors, against the delinquent
member, in any court having jurisdiction of the amount.
Record of busi- 8 n^ The Said board of directors shall cause to be kept
Q63S
and preserved, in a book or books provided by them for
that purpose, a full and complete record of all their meet-
ings, proceedings, orders, purchases and sales of property,
with the names of the parties thereto ; also a complete regis-
ter of the burials made in said cemetery, after the organiza-
tion of said board, too-ether with the names and ao-es of the
deceased; which book or books of record, as well as all
other books kept by the board of directors or their secreta-
ry, shall, at all times, be open to the inspection of the mem-
bers of said association.
Conveyances. § 12. In casc any member of said association shall sell
and convey any lot or lots or fraction of a lot or lots in said
cemetery it shall be his or her duty, immediately npon
making such conveyance, to file with the secretary of said
board of directors a written abstract of such conveyance,
showing the names of the parties thereto, the number or
description of the lot or lots conveyed, and the date of the
conveyance ; which abstract shall be signed by the grantor
and recorded by the secretary of said board in a book to be
kept by him for that purpose.
Exemption from § 13. All the property and efiPects of said association
taxes. shall be exempt from taxation, excepting as is herein pro-
vided ; and the lots owned by individuals in said cemetery
shall not be subject to sale under execution or other legal
process, for debt.
Deed to the cor- § 14. At any time, after the organization of said board
poration. ^^ directors, it shall be lawful for said board to receive and
accept from John Hutchinson, the former proprietor of said
cemetery and addition thereto, and his wife, a deed, convey-
ing to said association all their right, title and interest in
and to said cemeterj'- grounds, excepting their right to lots
or fractions of lots yet unsold by them ; and upon such con-
veyance being made the said board of directors shall release
and discharge the said Hutchinson from all obligation or.
duty to take care of or superintend said cemetery ; and,
thereafter, the said association shall have the exclusive con-
trol and jurisdiction over said cemetery grounds, and the
same shall be dedicated to and used for burial purposes only.
§ 15. This act to take eifect and be in force from and
after its passage.
Approved J^'ebruary 18, 1861.
CEMETEKIES — CUUKCIIES. 77
AN ACT to legalize the further use of Harrifeon's Cemetery. In force February
■' 22,1861.
Section 1. Be it enacted hy the Peo'ple of the State of
lllinios, represented in the G-eneral Assembly, That the burial
place known as "Harrison's Cemetery," adjoining the city
of Belleville, in the county of St. Clair, be and the same is
hereby exempted from all and every ordinance made or to
be made by the city of Belleville, which shall, in any way,
hinder or prevent the further use of said ground as a burial
place for the dead, and that the lot owners in the same be
and they are hereby authorized to continue to use the
same as a burial place for the dead : Provided^ that the
city authorities, by ordinance, may require that any inter-
ment or interments, hereafter made in said ground, shall be
made at a depth below the surface, not exceeding six feet,
to be fixed by city ordinance. But the said city authorities
nor the county of St. Clair shall not, at any time, have the
right or power to convert any part of the said ground for
any street, road, alley or passway, nor for any public use
or purpose.
§ ?'. This act shall be a public act, and shall take eifect
and be in force from and after its passage.
Approved February 22, 1861.
AN ACT to enable the Trustees of the First Baptist Society of Bloomingdale, In force Februarr
DuPage county,,to convey real estate. ■
Section 1. Be it enacted ly the People of the State of
Plinois, rejyresented in the General Assembly, That Geo.
Wallis, Capt. E. Kinne and Daniel F. Deibert, trustees of
the First Baptist Society of Bloomingdale, DuPage county,
are hereby authorized to convey, by warrantee deed, to the
Bloomingdale Academy Association, or to the individuals
who own the stock in said academy, lot twenty-six, (26,) in
block three, (3,) in the town of Bloomingdale ; which said
deed, when so executed and recorded, shall invest all the
title of said society in said lot in the persons to whom the
same is deeded.
§ 2. The said Geo. Wallis, Capt. E. Kinne and Daniel ^.^VeKate."'
F. Deibert, trustees, as aforesaid, are hereby authorized to
convey, by warrantee deed, all the real estate, consisting of
the parsonage and meeting house lots, owned by said First
Baptist Society, in Bloomingdale, to the persons who sub-
scribed to pay for and build the buildings on said property,
the deed to be made to each subscriber of such portion of
said property as his subscription bears to the total original
cost of said property ; which deeds, when so executed and
78
CHURCHES.
recorded, shall invest in said subscribers as j)erfect a title as
is now held bv said trustees .
§ 3, Said property shall not be subject to taxation, for
any purpose, so long as it shall be used for the purposes of
said Baptist society.
Appkoved February 13, 1861.
Corporate name
and powers.
In force February AN ACT to amend an act entitled, "An act authorizing certain persons hold-
' • ing property in trust for the use of the Catholic churcli and societies thereof,
in the state of Illinois, to convey the same," approved February 24tb, 1845;
also, to incorporate the Catholic Bishop of Chicago, and to confirm convey-
ances, made since the 24th February, 1845, heretofore, by the Catholic
Bishop of Chicago.
Section 1. Be it enacted hy the Peoj)le of the State of
Illinois y represented in the Geiieral Asseonhly, That the
present Catholic Bishop of Chicago, and his successors in
office, be and are hereby created a body politic, and a cor-
poration sole, under the name and style of " The Catholic
Bishop of Chicago;" and by that name said bishop, and his
successors in ofKce, shall be known, and shall, hereafter,
have succession ; and shall sue and be sued, plead and be
impleaded, defend and be defended, in. all courts and places
whatsoever. "The Catholic Bishop of Chicago" shall have
a seal of office and may change and alter the same at pleas-
ure ; and may acquire, hold and convey property, real, per-
sonal and mixed, of any kind and nature whatsoever; and
shall have power to borrow money, and mortgage and incum-
ber said property, so to be held, as aforesaid, or any portion
thereof, as security for the money borrowed under the au-
thority of this act.
§ 2, The Catholic Bishop of Chicago, for the time being,
and any lawfully appointed administrator, filling the office
of the Catholic Bishop of Chicago, shall, within six months
after his appointment to the said office of Catholic Bishop
of Chicago, or administrator, as aforesaid, file for record in
the recorder's office of the county of Cook, in the state of
Illinois, a statement of the fact, manner and time of such
appointment, under his hand and said corporate seal, and
verified by his affidavit subscribed thereto ; which affidavit
shall be sworn before any judge of any court of record in
said county of Cook. And the present Catholic Bislioj) of
Chicago shall comply with the last mentioned enactment
within three months after this act becomes law.
§ 3. And he it further enacted^ That the title to all the
property, real, personal or mixed, intended to be vested in
the Catholic Bishop of Chicago, and his successors, by said
act to which this act is in part an amendment, is hereby
Record of
poinfment.
Title to property.
CHUKCHES. 79
vested in and confirmed to the " Catholic Bishop of Chica-
go," and his successors, absohitely, subject however to the
gifts, grants, conveyances, deeds of trust, mortgages or other
lawful assurance, heretofore made by the said Eight Eever-
end William Quarter, or his said successors.
5 4, And he it further enacted. That all gifts, grants, conveyances
t"*! t '^ , -, 1, -,. '',,'*='' heretofore made
deeds and conveyances, and also all devises and bequests,
heretofore made to any individual holding the ofhce of
Catholic Bishop of Chicago, or administrator of the diocese
of Chicago, in which the addition of "Bishop of Chicago,"
or "Catholic Bishop of Chicago," or "Koraan Catholic Bishop
of Chicago," or "Administrator of the Diocese of Chicago,"
may have been made to the name of the grantee, shall be
construed as conveying, giving, granting, devising or be-
queathing the property in such instruments mentioned to such
individual, as "Catholic Bishop of Chicago," and that the
titles thereby passing, respectively, shall be and the same
are hereby vested in the corporation created by this act;
and that all gifts, grants, deeds, conveyances, and contracts,
deeds of trust, mortgages, and other incumbrances, hereto-
fore made by any individual holding the ofiice of Catholic
Bishop of Chicago, or administrator of the diocese of Chi-
cago, to which the name of such individual or the christian
name of such individual, shall be signed, with the addition
of "Bishop of Chicago," or "Catholic Bishop of Chicago,"
or "Roman Catholic Bishop of Cliicago," or "Administra-
tor of the Diocese of Chicago," shall be held and construed
as having been made and granted by such individual, as
"Catholic Bishop of Chicago," and are hereby confirmed;
and all rights, claims and liabilities inuring to and charge-
able against such individual, as aforesaid, under any of the
assurances aforesaid, shall inure to and be chargeable against
the corporation created by this act.
§ 5. This act shall be a public act, and shall be in force
^rom and after the passage of it; and all laws and parts of
laws, in conflict with this act, are hereby repealed ; and the
legislature hereby reserves the right to amend or repeal this
act without divesting any right to property acquired under
it at the time of such amendment or repeal.
§ 6. The general assembly of this state shall have full
power and authority to provide, by law, any limitation as to
amount of property, real or j^ersonal, capable of being held
by the corporation hereby created.
Approved February 20, 1861.
# ,
80 CHUCHES.
In force February AN ACT to incorporate the Illinois Eldership of the Church of God.
13, 1861.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That I. M.
Klein, Charles Cain, Jacob Bear, Ephraim Bear, and J, H.
Hurley, and their successors in office, elected bj the said
eldership, at its regular annual session, to fill the office of
speaker, treasurer and clerk. The above named board shall
be and thej are hereby made and constituted a body politic
and corporate, in law and in fact, to have perpetual succes-
sion, by and under the name, style and title of " The Board
^and^'owers"^"* ^^ Trustces of the Illinois Eldeiship of the Churches of
God;" and, by the name, style and title aforesaid, shall be
capable in law to sue and be sued, plead and be impleaded,
in any court or before any judge or justice of the peace, in
any and all manner of suits, complaints, pleas and demands,
of whatsoever name or nature, and all and every matter and
thing to do in as full and effectual a manner as any other
person or persons, body politic or corporate, within this
commonwealth, may or can do.
By-laws and ordi- R 2. That the Said corporation, and their successors, shall
be and are hereby authorized and empowered to make,
ordain and establish such by-laws and ordinances as shall be
necessary and proper for the regulation of the temporal and
financial concerns of the said eldership and for the promo-
tion of religion : Provided, that nothing shall be done, in
pursuance of the powers and privileges herein granted,
repugnant to this act, to the constitution and laws of this
commonwealth, or to the usages, principles and doctrines of
the Church of God.
Business affairs. ^ 3^ That the busiucss of the Said corporation shall be
managed and conducted by the said corporation, at the time
and during the annual session of the said eldership, or at
any extra session thereof, or at any special meeting of the
board of trustees, when called together by the president;.
and any two members of the board, three-fifths of the mem-
bers of the board present, shall constitute a quorum.
Seal. § 4. That the said corporation and their successors shall
have full power and authority to make, have and to use one
common seal, with such devices and inscription as they may
think proper, and to break, renew and alter the same.
Property of the § 5. That the said_corporation^ or their successors, by the
corporation. name, stylc and title aforesaid, shall be able and capable, in
law and equity, to take and to hold to themselves and their
successors, for the use and objects set forth as aforesaid,
lands, tenements, goods and chattels, of whatever kind,
nature and quality, real, personal and mixed, which now is
or may or shall hereafter become the property of said elder-
ship: Provided, that the yearly value or income of said
estate shall not exceed twenty thousand dollars at any one
time, and shall not be appropriated to any other than finan-
CHUKCHES. 81
cial and religious purposes of the said eldership, as before
named, or for any similar objects of the General Eldership
of the Church of God,
§ 6. That no misnomer of the said corporation shall
defeat or annul any gift, grant or devise or bequest, to or
from the said corporation : Provided, that the intent of the
party or parties shall sufficiently appear upon the face of the
grant, will or other writing, whereby an estate or interest is
intended to pass to or from the said corporation.
Approved February 13, 1861.
AN ACT to incorporate the General Convention of the New Jerusalem in the In force January
United States of America. 29, 1361.
Section 1, Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That liev.
Thomas Worcester, D. D,, of Boston, Mass., Rev. J. R. Ilib-
bard, of Chicago, 111., Rev. T. B. Hayward, of Brookline,
Mass., Robert L. Smith, Esq., of Jamaica, L. I., N. Y., J.
Young Scammon, Esq., of Chicago, and I. S. Britton, Esq.,
of Springfield, BL, Hon, Jno, B. Niles, of La Porte, la., Dr.
Charles Shepherd, of Grand Rapids, Michigan, Rev, Chaun-
cey, Giles, of Cincinnati, O., David Snyder, Esq., of Phila-
pelphia, Penn., IsT. F. Cabell, Esq., of Warminster, Va,,
Hon. Jno. H. Wilkins and Sampson Reed, of Boston, Mass.,
Oliver Gerish, of Portland, and Henry B. Hoskins, of Gar-
dener, Me., their associates and successors, be and they
are hereby constituted a body corporate, under the name
of " The General Convention of the New Jerusalem in c^porate^^name
the United States of America ;" under which name they *" ^'""""
shall have perpetual succession, with power to receive, take
by gift, purchase, devise or otherwise, property and estate,
real, personal or mixed, for educational or religious pur-
poses, and to hold, lease and sell or convey the same at
pleasure.
§ 2. The business affairs of said convention shall be ^S™"^^"' "'
managed and controlled by its executive committee, (or gen-
eral council,) subject to the direction of the convention,
when in session. Said committee (or council) shall be cho- '
sen or appointed, from time to time, in such manner as the
constitution of such convention may direct, and shall be
governed by the constitution of said convention, and act in
conformity to its votes. Said committee (or council) may
create such offices and appoint such officers as they may see
fit, and remove the same at pleasure ; and may manage its
business affairs in such manner as a majority of said com-
83 CHURCHES.
mittee (or council) may determine, subject to the control of
the convention.
Genera! Powers. § 3. Said convcution maj suc and be sued, plead and be
impleaded, prosecute and defend, in all courts and places, in
its corporate name, by attorney or otherwise. All deeds,
conveyances or leases of the property, held by said con-
vention, for the purpose of leasing or conveying such
property, shall be made under the hands of the president
and recording secretary, and under such seal as said execu-
tive committee (or general council) may adopt ; but all such
deeds must be aj)proved by a majority of said committee
(or council).
Gifts and grants. § 4, All gifts, dcviscs or bcqucsts made to said conven-
tion shall be used for educational or religious purposes ; or
the proceeds thereof, if sold or disposed of, shall be so ap-
plied.
§ 5. l^othing in this act contained shall be so construed
as to interfere with the right of said convention to alter,
amend or abolish its constitution, or to form a new one,
whenever it shall see fit so to do.
Approved January 29, 1861.
In force February ^N ACT amendatory of an act entitled "An act to authorize the Protestant
' ■ Episcopal Church in the State of Illinois, to raise a fund for the support of
• a Bishop and to aid superannuated ministers and the widows and children of
deceased ministers," approved February 10, 18-49.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly, That an act
AppUcationofthe entitled " An act to authorize the Protestant Episcopal
funds and pro- church in the State of Illinois to raise a fund for the sup-
port of a bishop and to aid superannuated ministers and the
widows and children of deceased ministers," approved Feb-
ruary 10, ISiO, be and the same is hereby amended, so that
from and after the words ^'■provided, however^'* inclusive, in
sec. 1 of the same, it shall read as follows, viz : ^''Provided,
however, that the property of said corporation and the funds
thereof shall never be applied to any other purpose than the
support of a bishop of said church within said diocese or
'aiding superannuated ministers in the same and the widows
and children of such as are deceased, or for the establish-
ment, erection, support, aid or maintenance of any hospital,
almshouse, seminary, church, parsonage or burial ground,
or for the furtherance and promotion of these and other
charitable, religious, literary or eleemosynary purposes con-
nected with the said Protestant Episcopal Church in the said
diocese of Illinois" — the intention of this act being to autho-
rize the trustees contemplated in said original act and in this
CHURCHES.
act amendatory thereof, and their successors in office, to tal<e
and receive the title to and control of and to dispose of pro- Disposal of pro|
party, personal, real or mixed, for any and all pui-poses here- tees^ ^^ '"'"
inbefore contemplated; to hold said property, fur specific
purposes, of the kind hereinbefore named, or for general
purposes of the same kind, dependent upon the nature and
terms of the grant, devise or transfer by which the said
trustees acquired the title to said property — they being the
legal recipients, hereunder, of all titles to property, real,
personal and mixed, granted, devised or transferred to the
diocese of the Protestant Episcopal Church in Illinois, or to
the Protestant Episcopal Church in the diocese of Illinois,
for any of the purposes herein named, or to any parish in-
stitution or town in said diocese, for the purposes herein
contemplated, when there may not be persons or trustees in
whom such title would legally vest, under such grant, devise
or transfer.
§ 2. That said original act, approved February 10, a. d. ^^l^H^^^^^^'^^^^
1859, be and the same is hereby further amended, l3y striking
out the w^ords "and qualified," in section 2, of the same; and
that said original act, approved February 10, a. d. 1849, be
and the same is hereby further amended, by adding to said
section 2 thereof, the following : ^^P?'ovided, however, that in
case said annual convention shall, at any time, fail so to ap-
point trustees, as hereinbefore contemplated, or for any rea-
son successors to the acting trustees shall not be appointed,
such acting and duly appointed board of trustees shall con-
tinue in office till the ap^^ointment of their successors."
^ 3. That said original act, approved February 10, a. d. Amount of pro-
tj o., 'ir^ •' .1. perty to be held.
18-19, be and the same is hereby lurther amended, so that
from and after the word '-'•Provided^'' inclusive, in section 3,
of the same, it shall read as follows, viz : '-'•Provided, that
the value of the property held by said corporation, for the
support of a bishop of said church, within said diocese, or
aiding superannuated ministers in the same, and the widows
and children of such as are deceased, shall not exceed,
at any one time, the sum of two hundred thousand dol
lars : And provided, further, that the value of the pro-
perty, real or personal, held by said corporation, for the es-
tablishment, erection, support, aid or maintenance of any
hospital, almshouse, seminary, church, parsonage or burial
ground, or for the furtherance and promotion of these and
other charitable, ^religious, literary or eleemosynary pur-
poses, connected ^ith'the said Protestant Episcopal Church
in said diocese of Illinois, shall not exceed, at any one time,
the sum of five hundred thousand dollars."
§ 4. That the said act, approved February 10, 1849, of
which this act is an amendment, be and the same is hereby,
as herein amended, declared, in all respects, operative and
valid, and that all acts inconsistent therewith, relative to the
holding and conveying of any property, real or personal,
84- CHUKCHES.
by any person or persons, in trust for the use of the Protest-
ant Episcopal Church in the State of Illinois, except as pro-
vided in this act and the act to which this is amendatory, be
and the same is hereby repealed,
^"raf^madr^' ^ ^- That an act entitled "An act authorizing certain
persons holding property in trust for the use of the Protest-
ant Episcopal Church in the State of Illinois to convey the
same," approved January 24, 1853, be and the same is here-
by repealed, and that the legal title and estate in and to any
and ail lands, tenements, goods, chattels, effects, moneys,
choses in action or other property, within this state, which
may have been given, devised or granted, or in any manner
transferred or conveyed, by any jjerson or persons whatso-
ever, since the passage and approval of the said last mention-
ed act, approved January 24, 1853, or under and in accord-
ance with its provisions, unto any person by the name, style
or title of " Bishop of the Protestant Episcopal Church in
the State or Diocese of Illinois," or " Bishop of Illinois and
his successors," or any other person, upon the trust, ex-
pressed or implied, to take, hold and receive the same, for
the use and benefit of any religious congregation of Pro-
testant Episcopalians, or for anj of the other purposes men-
tioned in said act referred to in this section, be and the same
is hereby absolutely and forever divested from such person
so having taken and received and so holding the same, and
vested in and transferred and confirmed to Samuel Chase,
Charles P. Clarke, Henry S. Austin, Richard F. Seabury,
and Matthew Griswold, trustees of the Protestant Episcopal
Church, in the diocese of Illinois, appointed at the last an-
nual convention of the said Protestant Episcopal Church in
the diocese of Illinois, and their successors in ofiice, and in
no other person or persons whatsoever, for the uses, trusts
and purposes provided in said original act, approved Febru-
ary 10, 1849, and in this act amendatory thereof.
Report of trustees § 6. That the Said trustees of the Protestant Episcopal
Church in the diocese of Illinois, and also any other person
or persons who may have heretofore taken, received, held
or conveyed any property, real or personal, of any character
whatsoever, in trust, expressed or implied, for the benefits,
uses and purposes, literary, religious, charitable, eleemo-
synary or otherwise, specified in and under the provisions
of the act approved February 10, 1849, to Avhich this is
amendatory, or under the provisions of the act approved
January 24, 1853, whilst the same was in force, and which
is hereby repealed, shall, at the next annual convention of
the said Protestant Episcopal Church in the state or diocese of
Illinois, held after the passage of this act, prepare, exhibit
and submit to said convention a detailed statement, in wri-
ting, of any and all property, real and personal, of every
character, hj him or them taken, received, held or conveyed
as such trustee or tustees, as aforesaid, under the provisions
CHUKCHES.
of either of tlie acts in this section rcfen-ed to, too-ether with
a full and explicit detailed statement of all moneys hy him
or them received as such trustee or trustees, and of the dis-
position of any and all avails and proceeds of the sale or
sales of any such property, by him or them made, as such
trustee or trustees, under said trusts, and of all his or their
doings and transactions, under and in connection with the
said trusts. And that at every annual convention of said
church, thereafter, the said trustees of the Protestant Episco-
pal Church in the diocese of Illinois, shall exhibit and sub-
mit to such convention a similar and detailed statement, in
writing, as provided by this section.
§ 7. This act to be in force from and after its passage.
Approved February 21, 1861.
AN ACT to incorporate the German Evangelical Salem's Climcli, of Quincv, ^"^^^^f f*'',™''"-''
Illinois. iAmi.
Section 1. Be it enacted hy the FeojjJe of the State of
Illinois^ represented in the General AssemUy^ That Frank
Kellen brink, Frederick "Weneker, Martin Erdman, Jacob
Lock, William Winkelman and Herman Merten, and their
associates and successors in office, as members of the Ger-
man Evangelical Salem's Church of Quincy, Illinois, be and
they are hereby created a body politic and corporate, by the
name and style of " The German Evangelical Salem's corporal came
Church of Quincy, Illinois," with power to sue and be sued, ^ p''''*"-
plead and be impleaded, in all courts of law and equity in
this state, and also to acquire, by gift, devise or pui'chase, pro-
perty, both real, personal and mixed, and to hold and convey
the same ; the real estate which may be acquired and held
in the manner aforesaid, however, shall not at any one time
exceed ten acres of land. Said incorporation sball have the
right to erect or build on the real estate so acquired and
held by them, such houses or buildings as may be deemed
necessaiy, by a majority of the voting members thereof,
for religious and educational purposes.
§ 2. The object of this incorporation is, to promote edu-^^bjects of itc
cation and edification and advancement in piety and know- corporator.,
ledge of the word of God, according to the custom of the
Evangelical Church. Said incorporation may have, use and
change at pleasure, a common seal ; and may make and
ordain, for their government, such constitution and by-laws
as they may deem necessary : Promded^^ that such constitu-
tion and by-laws be not inconsistent with the constitution
and laws of the state of Illinois, and of the United States.
§ 3. AU members of " The German Evangelical Salem's
86 CHUKCHES.
Church of Qiiincy, Illinois,'- or such as may hereafter
become members thereof, in pursuance of the constitution
and by-laws of the same, shall be and are hereby created
members of this incorporation.
Board of trustees g 4.^ Xhc Said Frank Kellenbrink, Frederick Weneker,
Martin Erdman, Jacob Lock, William Winkelman and
Herman Merten, and their successors in office, shall be and
are hereby created a board of trustees of said incorporation.
The said Frank Kellenbrink and Frederick Weneker to
hold their said office until the first day of January, a.d.
1862; the said Martin Erdman and Jacob Lock to hold
their said offices until the first day of January, a.d. 1863;
and the said William Winkelman and Herman Merten to
hold their said office until the first day of January, a.d.
1864, and until their respective successors are duly elected,
or their term of office be sooner terminated under the pro-
visions of this act.
Annual meeting, g 5. The mcmbcrs of this incorporation shall, on the
first day of January, a.d, 1862, and also on the first day of
January in each and every year thereafter, unless the same
shall come on Sunday — in which case such meeting shall
be held on the followiug Monday — shall hold a general meet-
ing, for the purpose of electing trustees to fill the place of
those whose term of office shall on such day expire, and to
fill such vacancies as may be occasioned by death, resigna-
tion, removal or otherwise, as hereinafter mentioned, and
for the transaction of such other business as may be deemed
necessary. Such meeting to be held in the church edifice
of said incorporation — at which time the voting members
of said incorporation shall elect two of their number trus-
tees, to fill the place of those whose term of office shall
expire at the time of holding such election ; and shall, also,
at such meeting, till all such vacancies as may then exist in
such board of trustees. And in case any trustee, aforesaid,
shall cease to be a member of said incorporation, or shall
remove from the county of Adams, and state of Illinois, he
shall, upon the happening of such contingency, thereby be
deemed to have vacated his said office, and thereupon the
remaining trustees shall have full power to act, in all cases
whatsoever, the same as if no vacancy had occurred.
^bviawf°" ^"'^ § ^' "^^^ constitution and by-laws of "The German
Evangelical Salem's Church of Quincy, Illinois," shall be
and are hereby created and declared to be the constitution
and by-laws of this incorporation, and the same may be
altered, amended and changed in such manner as may
hereafter be deemed necessary by a majority of the voting
members of the same ; and the rights, duties and preroga-
tives of the several members of said incorjDoration, as also
their qualifications,* whether ministers or pastors, elders or
deacons, superintendents or teachers, council trustees or
other officers or members, shall be and remain as the same
CHUKCHES. 87
now are or hereafter may be prescribed by their said con-
stitution and by-laws ; and a majority of the voting members
of the said corporation shall have the right to expel, suspend
or excommunicate any member or members thereof, for
such cause and in such manner as may be prescribed by the
constitution and by-laws of the same.
§ Y. That lot number eleven, (11,) and a strip of land ^coToratbn '*""
thirty-five (35) feet in width, off of the west side of lot *''"'^'""'" °"'
numbered twelve, (12,) in block number sixty-six, (QO,) in
John Wood's addition to the city of Quincy, situate in the
county of Adams, and state of Illinois, and also all the
other property, whether real, personal or mixed, owned by
"the German Evangelical Salem's Church of Quincy, Illi-
nois," or the trustees thereof, for the use of said church,
as well as all property, real, personal or mixed, which may
liereafter be acquired by said corporation, shall be and the
same hereby is vested in paid board of trustees, and their
successors in office, to be held by them in trust, and for the
use of said incorporation ; and the trustees thereof, for the
time being, shall have the right and power to sell and con-
vey any and all property so held by them, in such manner
and for such purposes as may be prescribed by a majority
of the voting members of the same, at any meeting, to be
called and held by them for such purpose ; and no misnomer
of said incorporation shall defeat or annul any gift, grant,
bequest or devise to or for the same.
§ 8. That this act shall be and the same is hereby
declared to be a public act, and to be in force from and after
its passage.
Approved February 22, 1861.
AN ACT to incorporate the Hebrew Congregation K. K. Bnai Avrobum" of I°fo^ce February
the City of Quincy, county of Adams, in the State of lUiuois. - i - •
Section 1. jBe it enacted hy the People of the State of
Illinois, represented in the General Assembly, That Ed-
ward Jonas, president; Solomon J. Lesem, treasurer; Isaac
Schwemmer, warden; Moses Jacobs, secretary; Moses
Bachrach, Manheim Jackson, Martin Joseph, their asso-
ciates and successors, be and they are hereby declared and
constituted a body corporate and politic, by the name and.
style of "The Hebrew Congregation K. K. Bnai Avrohum, corporate^ name
of Quincy, Illinois," and by that name and style shall have
perpetual succession, with power to sjie and be sued, plead
and be impleaded; to acquire, hold and convey property,
real, personal and mixed, in all lawful ways ; to have and to
use a common seal, and alter the same at pleasure ; to make.
and powers.
CO CHURCHES.
alter and amend such constitution and by-laws, not inconsist-
ent with the constitution of the United States and of this
state of Illinois, as they may deem necessary and proper
for the government of said congregation, its officers, agents
and servants : Provided^ that such constitution and by-laws
shall not be contrary and inconsistent with the fundamental
principles of the Hebrew faith.
Officers annually g 2. The officcrs of Said cougrcgation shall consist of
elected. ^^ president, treasurer, warden, secretary and three trus-
tees, who shall be elected, annually, at such time and place
and manner as shall be designated by the constitution or
by-laws of said congregation ; and when elected shall con-
stitute a board of trustees, and shall act as such until their
successors are elected and installed ; and the officei's and
trustees now in office shall continue to act as such until their
successors are duly elected and installed. And all property,
real, personal and mixed, now owned and possessed by said
congregation, shall be vested in said trustees and their suc-
cessors in office, for the use and benefit of said congregation,
forever. And the trustees, for the time being, shall have
power, under the direction of said congregation, to execute
deeds and conveyances of and concerning the estate and
property herein authorized to be held by such congregation ;
and such deeds or conveyances shall have the same effect
as like deeds or conveyances made by natural persons :
Provided^ that no deed or conveyance shall be made of any
estate, held as aforesaid, so as to defeat or destroy the inter-
est or effect of any grant, donation or bequest, which may
Gifts and grants, jje made to sucli Congregation; but all grants, donations and
bequests shall be appropriated and used as directed by the
person or persons making the same : Provided^ it be not in
a manner contrary to the principles of the Hebrew faith.
And the constitution and by-laws, now in force and hereto-
fore adopted by said congregation, shall be and continue in
full force and effect until annulled, changed or amended, in
the manner provided therein : Provided^ that the same are
not inconsistent with the constitution of the United States,
and of this state of Illinois, and with this act of incorpora-
tion : And^ provided^ that nothing herein contained shall
prevent the said congregation from changing the style of
the officers of said congregation or adding to or diminishing
their numbers, if deemed advisable so to do.
Approved February 20, 1861.
» CIIUKOIIES CITIKS. 8'J
AN ACT to authorize Suliuyler I'resbytery to convey certain lands in Me- In force February
Douough County. 31, 1&61.
Section 1. Be it enacted hy the People of the State of
Illinois, re2?resented in the General AssemUy, That tlie
Presbytery of Schuyler of the Old School Presbyterian
Church of the state are hereby authorized and empowered
to transfer and convey the property of McDonough College,
or any portion thereof, to McComb Lodge, No. 17, A. F.
& A. Masons of McComb, in this state or to any person, in
trust for said lodge, who may be designated by said lodge ;
and for that purpose the said presbytery may designate and
appoint some person to make, execute and deliver, for and
on behalf of said presbytery, all the necessary deeds of
conveyance, releases, acquittances or other writings. And
all deeds of conveyance, releases, acquittances or other
writings, wdiicli shall hereafter be made by any person, so
appointed for the purpose aforesaid, shall be vahd and
binding in law and equity.
Appjroved February 21, 1801.
AN ACT to amend an act entitled "An act to incorporate the City of Aurora, jn fo,.ce February
and to establish an Inferior Court therein," approved February 11, 1857. 11, 1861.
CHAPTER 1st.
MISCELLANEOrs PROVISIONS.
Section 1. Be it enacted hy the People of the State of
Illinois, Te2?resented in the General Assentlly, That the
marshal of said city shall have such powers and perform powers and dutif a
such duties as shall be prescribed by the common council "^ *'"^ marshal.
for the preservation of the public peace, the collection of
license money and fines, or otherwise. He shall possess
the power and authority of a constable, at common law and
under the statutes of this state, and receive like fees ; but
shall not serve civil process w^ithout first entering into bonds
as such constable, to be approved by the common council
as in other cases.
§ 2. The common council shall have power to authorize Licenses,
the mayor or other proper officer of the city to grant and
issue license and determine the fees to be paid therefor.
No license shall be granted for more than one year ; and
not more than five hundred dollars shall be required to be
paid under the act to which this is an amendment. A bond
may be required to be taken, on the granting of licenses,
for the observance of the ordinances or regulations of the
common council, in the discretion of the mayor or common
council.
—8
90
CITIES.
Oommitments to
the bridewell.
Larceny.
Appeals.
Firemen's
leges.
privi-
Cleaning of side-
walks.
Elections.
Publication
ordinances.
§ 3. The common council shall have power to provide
and require all persons committed to the bridewell or house
of correction, on any final judgment, to work out such judg-
ment and the costs of suit in the bridewell, or anywhere in
the city, at the rate of iifty cents per day, in such manner
as may be prescribed by ordinance.
§ 4. The common council shall have power to prohibit
larceny, where the same is not punishable in the peniten-
tiary.
§ 5, That all judgments rendered in favor of the city,
for the violation or violations of any ordinance thereof, may
be appealed from to the court of common pleas of the city
of Aurora, and not elsewhere ; and no change of venue
shall be allowed from said court, on such appeals, unless the
presiding judge shall believe that public and private justice
shall require it.
§ 6, Every fireman, who shall have faithfully served as
such in said city for the term of seven years, shall be ex-
empt from serving on juries in all courts in this state or in
the militia, except in case of war, invasions or insurrection ;
and the evidence to entitle such person to such exemption
shall be a diploma, under the corporate seal, signed by the
mayor and clerk.
§ 7. The common council shall have power to compel
all persons to keep the snow, ice, dirt, and all other obstruc-
tions from the sidewalks in front of the premises owned or
occupied by them.
§ 8. The common council shall have power, whenever
an election is to be held in said city for an officer or officers,
to be voted for by the whole city, and when no ward offi-
cers are to be elected, to appoint the same to be held at one
place in said city, and to appoint three inspectors of such
election.
§ 9. It shall be lawful to draw as many orders upon the
city treasury, for an amount found due at one time, to any
person or persons, as the common council may direct ; also,
in cases where the same is payable out of different funds,
to draw separate orders for the amount due against such
fund.
§ 10. Proof of the publication of the ordinances, by-laws,
notices and other matters of said city, by the affidavit of a
printer or publisher of the corporation newspaper, taken
before any person authorized to administer oaths, and filed
with the city clerk, or any other competent proof of such
publication shall be conclusive evidence of the legal publi-
cation and promulgation of such ordinances and other mat-
ters published by authority of said city, in all courts and
places ; and such ordinances, by-laws, rules and regulations,
when printed and published by authority of the common
council, in. book or pamphlet form, shall be received in all
courts and places, without further proof.
CITIES. 91
§ 11. The common coimcil shall have power to provide ^If^}^^^ *' ^^°
for lighting the streets and erecting lamp posts and lamps
therein and regulate the lighting thereof, and, from time to
time, to create, alter or extend lamp districts ; to exclusively
regulate, direct and control the laying and repairing of
gas pipes and gas fixtures, in the streets, alleys and side-
walks ; also, to lease to any person or persons, company or
corporation, the right to make, vend and sell gas, and to
light said city, its streets, buildings and other places, and
the privileges necessary to carrying into effect such lease.
§ 12. ihe common council, by ordinance, may require ^"■ce' labor,
every male resident of the city, over the age of twenty-one
years, to labor, not exceeding three days in each year, upon
the streets and alleys of said city, at such time and in such
manner as the street commissioner may direct; but any
such person may, at his option, pay, in lieu thereof, such
sum as shall be required by ordinance for each day he shall
be so assessed to labor ; and guch labor and payment shall
be in lieu of all labor required to be performed upon any
road, street or alley, by any law of this state.
§ 13. The common council shall have power to appoint
two or more street commissioners for the city and prescribe
their powers and duties, also, to remove the same at
pleasure.
§ 14. The common council shall have power, by ordi- oityiimits.
nance, to extend the hmits of said city, from time to time,
over any tracts of land adjoining said city, which heretofore
have been or hereafter shall be laid oft' into lots and re-
corded.
CHAPTER 2.
TAXES AND ASSESSMENTS.
§ 1. The common council shall have power to levy and
collect taxes upon the real and personal estate within the
limits of said city, not exceeding one and one-half per cent,
upon the assessed value thereof, to pay the general, contm-
gent and other expenses of said city.
§ 2. To levy and collect upon all property in such dis- specuitax.
trict as they shall from time to time create, a tax, snfticient
to defray one-half of the expenses of erecting lamp posts and
lamps and lighting the streets in such district ; and the tax
thus collected shall be exclusively expended lor such pur-
pose in the district paying the same.
§ 3. The common council shall have power, Irom time o^onstrudic. .f
to time : First— to cause sidewalks to be constructed, laid
relaid and repaired: Secondly— to levy and collect a special
tax on any lot or parcel of land, in front ol whichany side-
walk shall be made, relaid or repaired. An action ol as-
sumpsit may also be maintained, in the name ol the city,
92
CITIES.
against the owner or occupant of such, premises, for the re-
covery of such expenses, or of any other assessments for
improvements or benefits under this act or the act to which
this is an amendment, as for money paid or laid out to his
or their use, at his or their request. Such suit may be
brought in any court of record or before any magistrate
having jurisdiction thereof.
Sewers, etc. g 4. The couimou couucil shall have power, from time
to time : Fwst — to cause main drains and sewers, private
drains and aqueducts and reservoirs to be constructed and
laid, relaid, cleansed and repaired, and to regulate the same:
Second — to cause the expenses of any improvements men-
tioned in this section to be assessed upon the real estate
deemed benefited thereby, with the costs ot proceedings
therein, as nearly as may be to the benefit resulting thereto,
and provide the manner of assessing and collecting tlie same :
Provided^ such assessment shall not exceed three per cent,
per annum on the property assessed.
Grading of streets g 5, The comuion couucil shall have power, from time
to time : First — to cause any street or highway to be
graded, leveled, paved, macadamized or planked, and to
keep the same in repair : Second — to levy and collect a spe-
cial tax on the lots or parcels of land, on such streets, alley or
highway, on or along which any of the improvements in
this section mentioned shall be ordered to be made, in pro-
portion to their respective fronts, by any ordinance or ordi-
nances, not repugnant to the constitution of this state.
CHAPTER 3.
Assessment rolls.
Return of assess-
ment rolls.
COLLECTION OF TAXKS AND ASSESSMENTS.
§ 1. The common council shall have power, by ordi-
nance, to prescribe the form of assessment rolls and pre-
scribe the duties and define the powers of assessors ; they
may also make such rules and give such directions in rela-
tion to revising, altering or adding lo the rolls, as they may
deem proper and expedient.
§ 2. The annual assessment rolls shall be returned by
the assessor on or before the first Monday in September, of
each year ; but the time may be extended by the common
council. On the return thereof the common council shall
fix a day for hearing objections thereto, and the clerk shall
give notice, by one publication in the corporation newspa-
per, of the time and place of such hearing ; and any person
feeliug aggrieved by the assessment of his property may
appeal, at the time specified, and make his objections. The
common council shall have power to suppl}^ omissions in
said assessment roll, and, for the purpose of equalizing the
same, to alter, add to, take from, and otherwise correct and
revise the same, or to refer the same back to the assessor,
with instructions to revise and correct the sam.e.
CITIES. 93
§ 3. "When the assessment roll sliall liavc been revised
and corrected, the same sliall be filed, and an order confii-m-
ing the same and directing the warrant to be issued fur the
collection thereof shall be entered by the clerk. The com-
mon council shall, thereupon, by an ordinance or resolution,
levy such sum or sums of money as may be sufficient for
the several purposes for which taxes are herein authorized
to be levied, not exceeding the authorized per centage, par-
ticularly. specifying the purposes for which the same are
levied, and, if not for general purposes, the division of the
city upon which the same are laid.
§ 4. All taxes and assessments, general or special, levied ''iJ'n r^a'Jstat"''"
on or assessed by the common council, under this act or the
act to which this is an amendment, shall be a lien upon the
real estate npon which the same may be imposed, voted or
assessed for two years from and after the corrected assess-
ment 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 transfer shall affect the
lien. Any personal property belonging to the debtor, may
be taken and sold for the payment of taxes on real or per-
sonal estate : Provided^ that in case the collection of any
assessment shall be delayed by injunotion or other judicial
proceedings the same shall continue a lien, unless set aside,
upon such real estate, for the period of two years from and
after the final disposition of such injunction or other judicial
proceeding.
§ 5. The clerk shall issue a warrant or warrants for the wan-ants issued
taxes, and rule therein separate columns, in which the taxes taxes!^*^'
levied shall be respectively set down, opposite the name or
the person or real estate subject thereto. Each column sliall
be headed with the name of the tax therein set down.
§ 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, and
shall contain true and perfect copies of the correct assess-
ment rolls upon which the same may be respectively issued.
They shall be delivered to the collector or collectors of the
city, for collection, within six weeks after the filing of the
corrected rolls, unless further time shall be given for that
purpose by the common council. If not otherwise paid the
collector shall have power to collect said taxes, with interest
and costs, by suit, in the corporate name or by distress and
sale of personal property, as aforesaid, after a demand and
refusal to pay the same. The assessors roll shall, in all
cases, be evidence on the part of the corporation : Provid-
ed^ a notice, published by the collector, for two weeks, suc-
cessively, in the corporation paper, shall be deemed a de-
mand; and a neglect to pay taxes for twenty days thereafter
shall be deemed a refusal.
94 ' CITIES.
Mode of couec- ^ fj^ ^1} taxes and assessments, general or special, shall
be collected by the collector or collectors, in the same man-
ner and with the same power and authority as are given by
law to collectors of county and state taxes. He shall pay
the same, as fast as collected, into the city treasury, and his
duty in regard to returning warrants and settling with the
city, and his liabilities in case of default or misconduct, shall
be the same as prescribed by law in other cases : Provided,
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 assess-
ments, levied or assessed upon any real estate, under this
act, the premises may be sold for the payment thereof, at
any time, wnthin two years after the conhrmation of the
Sale ef real estate asscssmeut by the commou council. Before any such sale
for taxes. ^^^ ^^^^^^ ^^^^^^ ^^ made by the common council, which shall
be entered at large in the records kept by the clerk, direct-
ing the collector to sell, particularly describing the premises
to'be sold, and the assessment for which the sale shall be
made ; a certified copy of which order, under the corporate
seal, signed by the mayor or presiding officer and clerk,
shall be delivered to the collector; which, together with
the warrant, shall constitute the process upon which such
sale may be made.
§ 9. The collector shall then advertise such premises in
the corporation newspaper for sale, for the^ period of two
weeks, successively, describing the same by figures or other-
wise, 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. The proceedings may be stopped, at any time, on
the payment of the taxes or assessments, interest and costs,
with expenses of advertising.
§ 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 for the smallest portion of ground, (to be
taken from the east side of the premises,) for which any
person will take the same and pay the taxes or assessments
thereon, with interest and the costs of sale. The city clerk
shall keep a record of such sales. Certificates of sale shall
be made by the city clerk, which 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 order aforesaid, to sell, may be
directed to the city clerk, and delivered to him ; in which
case he shall proceed to advertise and sell, in the same man-
ner as is required of the collector. The city clerk and col-
lector shall receive such fees as are allowed by law or may
be prescribed by ordinance.
CITIES.
§ 11. The right of redemption, in all cases of sales for lugi't of redemp.
taxes or assessments, shall exist, to the owner, his heirs 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 si)ecie of
double the amount for which the same was sold, and all
taxes accruing subsequently to the sale, with interest. If
the real estate of any mt'a.nt,femme covert or lunatic be sold,
under this act, the same may be redeemed at any time,
within one year after such disability be removed. In case
of redemption, the money may be paid to the purchaser, or,
for him, to the city clerk, who shall make a special deposit
thereof with the city treasurer, taking his receipt therefor.
If not redeemed, according to law, upon return of the certi-
ficate or on proof of its loss and proper afhdavits of proper
notices to owner and occupant, as required by law, a deed
may be executed to the purchaser, under the corporate seal,
signed by the mayor or presiding officer of the common
council and countersigned by the clerk, conveying to such
purchaser or his assignee the premises so sold and unre-
deemed, 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, as aforesaid, tm titles,
shall be entitled to receive a deed of such premises, in his
own name, and with the same effect as though he had been
the original purchaser.
§ 13. If at any sale of real or personal estate, for taxes
or assessments, no bids to the amount of such tax or assess-
ment shall be made for any j)arcel of land or any goods and
chattels, the same shall be struck off to the city, and there-
upon the city shall receive, in the corporate name, a certifi-
cate of the sale thereof, and shall be vested with the same
rights as other purchasers at such sale.
§ 14, All deeds made to purchasers of lots sold for the Tax luies.
taxes or assessments, by order of the common council, shall
be prima facie evidence, in all controversies and suits in
relation to the rights of the purchaser, his or her heirs or
assigns, to the premises hereby conveyed, of the following
facts : First — that the 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 the time and
manner required by law^ Second — that the taxes or assess-
ments were not paid at any time before the sale. Third —
that the land conveyed had not been redeemed from the
sale at the date of the deed ; and shall be conclusive exi-
dence of the following facts : First — that the land or lot
was advertised for sale in the manner and for the length of
time required by law. Second — that the land or lot was sold
for taxes or assessments, as stated in the deed. Third — that
the grantee in the deed was the purchaser, or his assignee.
CITIES.
JTourth — that the sale was conducted in the manner requir-
ed 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 title adverse to the
title conveyed by such deed shall be required to prove, in
order to defeat said title, either that the land was not sub-
ject 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 person 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 thej, or the person under whom he,
she or they claim title, had title to the land at the time of sale,
or that the title M^as obtained from the United States or this
state after the sale, and that all taxes due upon the land
have been paid by such person or the person under whom
he claims title, as aforesaid. All property omitted in former
assessments shall, when discovered by the assessor, be asses-
sed, for the time being, and the amount of averages shall be
added.
§ 15. The common council shall have the power, by or-
dinance or resolution, to empower the city collector to com-
plete the collection of any tax or assessment after the term-
ination of the term of ofllce of such collector.
CHAPTER IV.
ASSESSMENTS FOR OPENING STREETS AND ALLEYS, ETC.
§ 1. Whenever any street, alley, highway, or public
ground is laid out, altered, straightened or extended, by said
city, in addition to the powers now held by said city, they
shall have, possess and enjoy all the powers, rights and priv-
ileges bestowed upon the city of Joliet, in sections two to
nineteen, inclusive, of chapter six of an act entitled "An
act to reduce the law incorporating the city of Joliet and
the several acts amendatory thereof into one act, and to
amend the same," approved January 31st, 1857; and all the
sections of said chapter six, from two to nineteen, inclusive,
are hereby incorporated into and made a part of this char-^
ter: Frovided, the appeal specified in section 16 thereof
shall be taken to the court of common pleas of the city ot
Aurora, under this act.
CHAPTER V.
§ 1. The common council shall have power to make,
or.unancea and p-j^ijiigi;!^ ordaiu, amend or repeal all such ordinances, by-
''^"''''" laws and regulations, not repugnant to the constitution of
CITIES.
or
this state, whicli they may deem necessary and expedient to
carry mto eftect the powers given in this act, and enforce tlie
observance thereof, in the manner provided in the act to
which this is an amendment.
§.2. That all and every part of the act to which this is
an amendment shall be and remain in fnll force, validity and
effect, except those parts which are in conflict or inconsistent
herewith ; and those are so far modified as to be consistent
with this act: Provided, that no proceedings had orpendino-
under said act shall be invalidated by the passage of this ac?
but may be completed under said act or this act. '
, § 3. Section three of chapter one of said act is hereby
amended, that it shall read as follows : "The city of Aurora
shall be divided in eleven wards, as follows: The First wards of the citr
ward shall comprise all that part of the city lyino- north of "".'^'»i'^^i"'0"nd-
the center of Spruce street, in the west division. ''The Sec- ""''"
ond ward shall comprise all that part of the city lyino- south
of the First ward and north of the center of Galena street, in
the west division. The Third ward shall comprise all that
part of the city lying south of the Second ward and north of
the south line of Holbrook's addition, in the west division.
The Fourth ward shall comprise all that part of the city ly-
ing south of the Third ward, and north of the south line of
the city, in the west division. The Fifth ward shall com-
prise all that part of the city, in the east division, which is
included in the following boundaries, to-wit : Commencing
at the north Hne of the city limits at its junction with Fox
river ; thence, east,, on said hne to its junction with Moun-
tain street ; thence, southwesterly, along the center of said
street, to its divergence west ; thence, in"a direct line to the
north end of Second street ; thence, along the center of said
street, to Liberty street ; thence, along the center of said
street, to Main street ; thence, along the center of Main street,
to Claim street ; thence, along the center of Claim street, to
the west end thereof; thence, in the same direction, to Fox
river ; thence, northerly, along the channel of Fox river, to
the placeof beginning. The Sixth ward, all that part of
the city, in the east division, lying north of Claim street and
east of the Fifth ward. The Seventh ward shall comprise
all that part of the city, in the east division, lying between
Claim street and Main street, and west of Eoot street. The
Eighth ward shall comprise all that part of the city, in the
east division, lying between Claim street and Main street,
and east o± Eoot street. The N'inth ward shall comprise
all that part of the city, in the east division, lying south of
Main street, and nortli of the south line of Jenks' addition
to the city of Aurora, and between Anderson and Jackson
streets, on the east, and the west channel of Fox river on
the west. The Tenth ward shall comprise all that part of
the city, in the east division, lying south of Main street and
east of Anderson and Jackson streets. The Eleventh ward
—9
CITIES.
Manicipal o&C'ti
Vote upon the
charter anwnd-
mant.
shall comprise all tliat part of the city, in the east division,^
lying between Fox river and Jackson street, and south of
ward nine." , .
§ 4. Section one of chapter two of the said act is hereby
amended, so that it shall read : "That the municipal govern-
ment of the city shall consist of a common council, com-
posed of the mayor, and one alderman from each ward ;
each of said aldermen to be a resident of the ward he rep-
resents. The other officers of the city shall be the same as
provided in said section."
§ 5. At the first annual election in said city, which shall
take place after the passage of this act, to-wit: on the first
Tuesday of March next, there shall be elected, by the qual-
ified voters of the said wards of said city, one alderman in
and for each of the wards above described and provided for
in this act, to hold their offices for two years respectively,
with the exception of wards two, four, six and nine ; which
said last mentioned wards, shall be represented in thecom-
mon council of said city, until the annual election of said
city, in the year 1862, by the aldermen who now represent
in the present common council of said city that part of the
city included in said wards, and who havfe already been
elected to serve as aldermen of said city until the annual
election of 1862; and, at the annual election of 1862, there
shall be elected, in each of the said last mentioned wards,
by the qualified voters thereof, respectively, one alderman
in and for each of said wards, to hold their offices for two
years, respectively.
§ 6. Section five of chapter two of said act is hereby
amended, so that it shall read as follows : "The several wards
of the city shall be, respectively, represented in the com-
mon council, by one alderman, who shall be a resident of
the ward he represents ; and each of said aldermen shall
hold their offices, respectively, for two years, from and after
their election, except the aldermen going out of office at the
annual election of 1862, as above provided for, and until the
election and qualification of their successors. If, from any
cause, there shall not be a quorum of aldermen, the clerk
shall appoint the time and places of holding a special elec-
tion, and appoint inspectors thereof, if necessary. K any
alderman removes from the ward represented by him his
office shall thereby become vacant."
§ 7. All acts and parts of acts, heretofore passed, which
conflict with or ^ are inconsistent with the provisions of this
act, are hereby repealed. -,, , ^ j
§ 8. Before chapter five of this act shall take efiect and
be in force, the question shall be submitted to the qualified
voters residing within said city of Aurora, at an election, to
be held on the last Tuesday ot February, a. d. 1861, at the
Aurora House, in said city ; at which time and place the
qualified voters, aforesaid, shall vote with ballots, either
CITIES. 99
printed or written thereon, "For More "Wards," or "Against
More Wards ;" and if a majority of said ballots shall be
"For More Wards" then and in that case said chapter five
of this act shall take effect and be in force from and after
the recording of said vote by the city clerk. But if a ma-
jority of said ballots shall be "Against More Wards" then
said chapter live of this act shall not go into effect. Said
election shall be conducted, in all respects, as is now provi-
ded by law for general elections ; and Wilham V. Plum,
Isaac M. Howell, and Elias D. Terry, be and they are here-
by appointed inspectors of said election ; and in case either
of the said inspectors named neglect or refuse to act in such
capacity then and in that case a majority of the above
named inspectors may and shall act as judges of said elec-
tion. The city clerk of said city shall give three days' pre-
vious public notice of said election, by putting up written
or printed notices in five public places in said city.
§ 9. The result of said election and vote. "For More Election of. wer-
Wards," or "Against More Wards," being ascertained in "*"^° '^' °'''
the usual manner, and properly attested by the inspectors of
said election, shall be returned to the city clerk of said city,
within tvrenty-four hours after the closing of the polls of
said election; and it shall be the duty of said city clerk,
upon receiving said returns, to forthwith spread said returns
on the books of records of said city ; and if a majority of
the votes cast at said election shall be "For More Wards"
the city clerk of said city shall give notice, in the manner
now required in city elections, of the time and place of the
election to be holden on the first Tuesday of March, a. d.
1861, to elect seven (7) aldermen, to-wit : one alderman from
each of the following wards : wards one, three, five, seven,
eight, ten, and eleven, as above in the act provided; and the
said city clerk shall fix upon and insert in said notices of
said election a place in each of said wards, respectively,
where the election of the aldermen to represent each of said
respective wards shall be held; and in case the common
council of said city shall neglect to appoint inspectors of the
elections, to be held as aforesaid in the said several wards,
then the qualified voters of each of said wards, respectively,
shall, on the day of said election, in each of the said respec-
tive wards, choose, viva voce, three inspectors of the election,
in and for their respective wards, who shall have all the
powers and perform all the duties required usually of inspec-
tors of elections in said citv.
§ 10. The present location of the city hall and court
house on Stalp's island, in said city, shall not be removed,
but the same shall remain as now located, and shall be fin-
ished and completed as fast as the city finances will admit.
§ 11. The common council of said city shall not have
authority to vacate, narrow or widen any street or alley,
100
CITIES.
without a vote of a majority of two-thirds of all the alder-
men elected in the city.
§ 12. All acts and parts of acts heretofore passed, which
conflict with or are inconsistent with the provisions of this
act, are hereby repealed ; and all the provisions of this act,
not herein required to be submitted to the qualified voters
of said city, shall be in force from and after the passage
hereof.
Approved February 16, 1861.
In force February AN ACT to amend "An act to incorporate the City of Alton," and the
18, 1861. amendments thereto.
tion.
Aldennen.
Section 1. Be it enacted ly the People of the State of
Illinois^ represented in the General Assemhly^ The annual
Annual city eiec- clcction for city officcrs, as provided for by the act to which
this is an amendment, shall be held on the first Tuesday in
April, in the year of our Lord one thousand eight hundred
and sixty-one, and annually thereafter; and the term of
office of the present city officers shall at that time expire,
or as soon thereafter as their successors shall be elected and
qualified.
§ 2. The aldermen, with the qualifications and require-
ments provided for by the act to which this is an amend-
ment, shall be elected for a term of three years, provided,
at their first meeting, or as soon thereafter as the board shall
shall be organized, the aldermen shall be divided, by lot, into
three classes, consisting of one alderman from each ward — ■
the first class to serve for the term of one year ; the second
class, for the term of two years ; and the third class, for the
term of three years ; so that after the first election, to be
held on the first Tuesday of April, 1861, one alderman shall
be elected from each ward annually.
_ 3. The common council, at their first meeting after
their annual charter election, or as soon thereafter as may
be, shall appoint, by ballot, a city attorney, and a city mar-
shal, (who shall be, ex officio^ city jailer,) and one or more
deputies, if required, and such other officers, not provided for
by the act to which this is an amendment, as may be found
necessary for the municipal government of said city, who
shall take the usual oath of office, receive such salaries or
fees, give such bonds, and be sulDJect to such duties and
forfeitures as the common council may, by ordinance, from
time to time, prescribe.
§ 4. The common council shall have power, by ordinance,
to establish lamp districts, for the purpose of lighting the
city, and to assess a special tax upon the real estate subject
Attorney and
marshal.
Lamp diatrictB.
CITIES. 101
to taxation in each district, for the purpose of defraying the
expenses of lighting such district ; which tax shall be assessed
and collected in the same manner and at the same time as
the other city taxes are assessed and collected : Provided,
that only three-fourths of the aggregate cost of lighting each
district shall be raised by special tax; the remaining one-
fourth being paid out of the general fund : A7^d provided,
further, that the districts shall not be chargeable with the
cost of laying down the gas pipes and erecting lamp posts
and lamps.
§ 5. The common council shall have power to levy and Tax for contm.
collect a tax, not exceeding ten mills on the dollar, on the • fe''^"' '^''p*"^'-
assessed value of all the real and personal estate and pro-
perty within the limits of the city subject to taxation, and
on all personal property of the inhabitants thereof, made
taxable by the laws of the state for state purposes, in lieu
of a county tax, to defray the general and contingent expen-
ses of the city, not otherwise provided for by the charter or
the amendments thereto.
§ 6. The common council shall have power, annually, to interest on city
levy and collect a tax, as other taxes are collected, of not
more than ten mills on the dollar, on all real and personal
property in said city, subject to taxation, to pay the interest
accruing on the bonded debt of said city; and to pay the
principal of bonds falling due within the year next ensuing:
Provided, the common council shall, annually, after tbe
assessment for the current year, determine, by resolution or
ordinance, w^hat amount is necessary to pay such principal
and interest, and shall only levy such per cent, as may be
necessary to raise the required sum, not exceeding the per
cent, authorized by this section.
§ 7. The common council shall have power, annually, to schooitax.
levy and collect a tax of not more than one and a half mills
on the dollar, on all the real and personal estate in said
city, subject to taxation, for the purpose of purchasing
grounds for school houses, and for building, furnishing, and
repairing the same; also, annually, to levy and collect a tax
of not exceeding one mill and a half on the dollar, on all
real and personal estate in the said city subject to taxation,
to be expended in paying teachers and in purchasing books
and apparatus for the city schools.
§ 8. That, upon the application of the owners of one-half v■^^-^^^-^?. and re,
" ■. ' ^ 1 T « ,^ i*- r. , i- ,1 1 / i. ». pairing of Streets
or more than one-half ot the front ol the lots on any street or
part of a street or alley, in said city of Alton, it shall be law-
ful for the common council to levy and collect a_ special tax
on the owners of the lots on said street or part of a street or
alley, according to their respective fronts, for the purpose of
paving or macadamizing or repaving or remacadamizing or
repairing said street or part of a street or alley ; said tax to be
levied and collected in such manner as the common council
shall provide by ordinance : Provided, that all streets, so to
102
CITIES.
Issue of bonds.
Redemption.
be improved, shall be first brought to grade by the city from
the general fund: And ■provided^ further^ that if the owners
of lots on one side of the street, only, shall so petition, then
the common council shall order the improvement provided
for by this section to be made to the center of the street or
part of a street: And provided, further, that not more than
three per cent, for such improvement shall be assessed in
any one year : And provided, further, that the owners of
lots fronting on said street or part of a street or alley, so to
be improved, shall have the power of doing the work so
ordered to be done, at his or her own cost and charges,
under the direction of the common council, and thereby
exempt his property from taxation for making such improve-
ment: Provided, further, nothing in this amendment
shall be so construed as to affect contracts for the improve-
ment of any street or part of a street, or owner of property
fronting on such improvement, where such contract has been
made prior to 1861.
§ 9. The common council, for general purposes of public
improvement and the good of the city, may issue bonds for
borrowing money, in any sum not exceeding, in the aggre-
gate, including all indebtedness at the time, three hundred
thousand dollars.
§ 10. Under all sales of real estate, made in pursuance
of this act, the owner or owners of the same shall have the
same right of redemption as is allowed in tax sales under the
act to which this is an amendment.
•§ 11. The city of Alton may take, hold, receive, and
purchase, lease and convey, such real and personal or mixed
estate as the purposes of the city may require, within or
without the limits of said city : Provided, that the common
council of said city shall not have the power, either by lease,
sale or otherwise, to cause the erection of any building or
Railroad tracks, buildiugs ou tlic public landing, or other grounds, now
owned by said citj^ and fronting on the Mississippi river,
but may authorize the laying down of one or more railroad
tracks on the public landing or other streets, if, in their
opinion, the interest of the city shall require it.
§ 12. All ordinances and such resolutions for entering
into contracts and appropriating money shall, before they
take efi'ect, be placed in the office of the city clerk ; and, if
the mayor approve thereof, he shall sign the same ; and
such as he shall not approve he shall return to the common
council, at its next meeting thereafter, with his objections
thereto. Upon the return of any ordinance or resolution, by
the mayor, the vote by which the same was passed may be
reconsidered ; and if, after such reconsideration, a majority
of all the members elected to the common council shall
agree, by yeas and nays, (which shall be entered upon the
journals,) to pass the same, it shall go into effect. And if the
mayor shall neglect to approve or object for a longer period
Contracts.
CITII8. 103
than three days after the same shall be placed in the clerk's
office aforesaid, the same shall go into effect.
§ 13. If, at any sale of real or personal estate, on assess- '^o' taL'"^"''*'"^
ments for taxes, 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 a certificate, in
the corporate name of said city, of the purchase thereof,
and shall be vested with the same rights as other purchasers
at such sales, and shall have power to sell and convey the
same as other real estate. And this section shall be consid-
ered as every way applicable to sales heretofore made for
such assessments and taxes levied by said city of Alton,
under the provisions of her charter and ordinances.
§ 14. The- city of Alton is hereby erected into a school School district.
district. The school land, school fund, and all other real
and personal estate, belonging to the township number five
north, of range number ten west of the third principal
meridian, shall be divided between the city of Alton and
the portion of the township lying without the limits thereof,
by the trustees of schools of said township, within three
months from the passage of this' act. Said division to be
made between the said city and said township without the
city, in proportion with and according to the number of
white persons, under the age of twenty-one years, residing
in said city and without said city, in said township.
§ 15. The common council shall have and possess all sciioois.
the rights, power and authority necessary for the proper
management of the school lands and funds belonging to the
said school district; and shall have power to prescribe the
branches to be taught in the different schools, to grade and
regulate the same, and to enact such ordinances as may be
necessary to carry their powers and duties into effect.
§ 16. The school commissioner of Madison county shall, school fundi,
annually, pay to the school treasurer of the city of Alton
the proportion of the school, college and seminary funds, to
which the said Alton school district may be entitled, accord-
ing to the number of persons, under the age aforesaid, resi-
ding in said district, taking his receipt therefor.
§ 17. So much of section twelve, (12,) of the "Act to
incorporate the city of Alton," passed July 31st, 1837, as
authorizes the city of Alton to levy and collect a tax, for the
support of schools, of one-fourth (^) of one per cent, on the
personal property in said city, be and the same is hereby
repealed, as also so much of said section as authorizes the
common council to levy a tax on the real estate in said
city, sufficient or necessary to purchase lots and erect neces-
sary buildings for schools, is hereby repealed. Election pre-
§ 18. That each and every w-ard of the city of Alton
shall constitute an election precinct; and the judges of elec-
tion, and the place of holding elections therein, for state and
county officers, shall be appointed by the common council of
104 CITIES.
said city, in the same manner that judges of the city elections
are appointed: Provided, that there shall be but one place
of holding elections in each of said precints. All elections
for state and connty officers, in said wards and precincts,
shall be conducted and returns thereof made to the county
clerk, as provided by the law regulating state and county
elections.
§ 19. All the acts and parts of acts to incorporate the
city of Alton and the amendments thereto, which are repug-
nant to and in conflict with this act, be and the same are
hereby repealed: Provided, however, that the city council of
'^chlrterr'' '^' ^^^^ city of Altou shall submit the wdiole of this charter to
the legal voters of the city, for their adoption ; to be accepted
or rejected by them, as a majority shall decide. The voters
in said election may vote for or against the whole of said
charter, or 'for or against any part or section thereof; and
in case a majority of legal votes is cast for or against the
whole charter, the judges of the election shall decide accord-
ingly; or, if the majority of votes should be cast in favor
of particular parts of said charter, the same shall be declared
adopted and shall be in force. And the voters may desig-
nate on their tickets the section or sections they vote against.
The election shall be conducted, in all respects, and notice
given, as in the case of the adoption of the last city charter
of said city. Said election to be held on the first Tuesday
in April, 1861.
This act to take effect and be in force, subject to such
election, from and after its passage.
Appko^^d February 18, 1861.
In force February AN ACT to Errant and establish a city charter for the City of Bloomington.
13, ISOl. ^ o
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the
inhabitants of the city of Bloomington, in McLean county,
Illinois, be and they are hereby constituted a body politic
and corporate, by the name and style of "The City of
Bloomington;" and by that name' shall have perpetual suc-
cession, and may have or not have a common seal, which
they may change, alter or abolish at pleasure.
Corporate limits. § 2. The corporatc limits of the city of Bloomington shall
embrace a territory of one and a half miles square, extend-
ing three quarters of a mile east, west, north and south of
the southeast corner of lot number sixty, in the original
town of Bloomington, and shall also include all town plats
and additions adjoining the above prescribed limits; and
whenever any tract of land, adjoining the said limits or any
addition to said city, shall be laid off' into town lots, and the
CITIES. 105
plat thereof recorded, the same shall be and form a part of
the citj of Bloommgton as fully as if within the oriLnnal
corporate limits. ^
§ 3. _ The inhabitants of said city, by the name and style corporate pow^s
atoresaid, shall have power to sue and be sued, to implead
and be impleaded, to defend and be defended, in all courts
ot law and equity, and in all actions whatever; to purchase
receive and hold, lease, sell, convey and dispose of property'
real and personal, within and beyond the corporate limits'
tor pubhc purposes, for the use of the inhabitants of the city'
and to improve and protect such property ; and to do all
other things, m relation thereto, as natural persons
§ 4. The municipal government of the city shall consist Municipal officers
ot a mayor, and city council, composed of one alderman
tromeach wardof the city : Promded, that if, at any general
municipal election, a majority of all the voters at said elec-
tion shall, m such manner as the council may prescribe
vote m favor of a representation of two aldermen li'om each
ward, then the council shall be composed of two aldermen
from each ward and the council shall order a special elec-
tion tor the additional aldermen.
§ 5. There shall be a city clerk, a treasurer, a street
commissioner, an assessor, a collector, a marshal, a chief
engineer of the hre department, and such other officers as the
council may deem necessary, from time to time, to appoint.
^ § b. Ibe mayor, aldermen, treasurer, street commis-
sioner and all other officers of said corporation, shall be
elected by the qualified voters of said cityf
ivi-^ I" f ^.election shall be held in said city on the third cuy election.
Monday m April, a. d. 1861, and at the same time in each
year thereafter, to elect a mayor, clerk, treasurer and street
commissioner, and aldermen in the proper wards. The
person having the highest number of votes, for the respec-
tive offices, shall be declared elected. At the election in
April, A. D. 1861, aldermen shall be elected in wards num-
ber one and two, as now constituted ; and the aldermen now
elected from wards number three and four shall hold over
during their full term.
_ § 8. The mayor, clerk, treasurer, and street commis- Term of office,
sioner, shall, respectively, hold their offices for one year, and
the aldermen for two years. All the other officers men-
tioned or provided for in this act or by ordinance of said
citj-, shall hold their respective offices during the pleasure of
the council. Officers elected to fill vacancies shall hold for
the unexpired term only.
§ 9. In case the people should fail to elect any of the
officers herein required to be elected, the council shall forth-
with order a new election for such office ; and when any
vacancy shall occur, by the death, resignation, removal, or
otherwise, of any officers elected by the people, except alder-
men, such vacancy shall be filled by a new election, within
—10
106 CITIES.
ten days after the vacancy occurs, unless nine months of the
term of office has expired ; in which event the council may
fill such office by appointment. Any vacancy in the council
shall be immediately filled by a new election in the proper
ward.
Notice of election § 10. The council shall, previous to any election under
this charter, give notice of such election, by publication, in
a newspaper published in the city or by printed notices in
each ward, or by both.
§ 11. The council shall have power to regulate elections,
and to appoint judges thereof. Voting shall be by ballot ;
and the judges of election shall take the same oath, and
have the same power and authority, and be subject to the
same penalties, as judges at general elections, under the
state laws. The ballots shall be counted in the manner
provided by general law. The returns shall be delivered,
sealed, to the city clerk, within one day after the election ;
and the council shall, within three days after said election,
meet and canvass the votes, and declare the result of the
election. All persons elected or appointed to office shall
qualify within twenty days thereafter ; otherwise the office
shall become vacant.
Quauflcations of § 12. Evciy pcrsou entitled to vote at the general state
voters. elections, who has been resident in the city six months and
an actual resident of the ward in which he proposes to vote
for thirty days immediately preceding the municipal elec-
tion, and who, if required by the judge or qualified
voter, shall take the following oath : " I swear (or affirm)
that 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
resident of this state one year, and a resident of this city six
months immediately preceding this election, and am now
and have been, for the last thirty days past, a resident of
this ward, and have not voted at this election," shall be a
qualified voter at all municipal elections : Provided, that
the voter shall be deemed a resident of the ward in which
he is accustomed to lodge. All persons, not entitled to vote,
who shall vote or ofi'er to vote at any election held under
this act or the ordinances of the city in pursuance hereof,
shall be punishable according to the laws of this state.
Aidermer § 13. No pcrsou shall bc an alderman unless he is a citi-
zen of the United States, twenty-one years of age, and, at
the time of his election, shall have resided one year within
the limits of the city. And if any alderman shall, after his
election, remove from the ward for which he is elected, his
offir« shall thereby be vacated.
§ 14. The council shall judge of the qualification and
election of its members, and shall hear and determine all
contested elections under this act, and its decision shall be
final. A majority of the council shall constitute a quorum
CITIES. j^Y
to do business, but a smaller number may adjourn from day
to day and compel the attendance of absent members under
such penalties as may be prescribed by ordinance.
§ 1^- The council shall have power to determine and tix R"iesoftbecoun.
the tmie of Its meetings, the rules of its proceedings, punish '"•
Its member for aisorderly conduct, and, with the concur-
rence of two- thirds of its members elected, expel a member
A journal of the council proceedings shall be kept, and the
yeas and, nays, when demanded by any member present
snail be entered on the journal.
§ 16. No alderman shall be appointed to any office under
the authority of the city, which shall have been created or
the emoluments of which shall have been increased during
the time for which he shall have been elected.
§ 17. The mayor shall be the chief executive officer of The ^ayor-
the city. He shall preside at the meetings of the council
preserve order and direct the course of business before the
council ; and, in case of a tie in any vote thereof, shall give
the casting vote. And he shall be the head of the police
and fire departments. And all marshals, deputy marshals
pohcemen, and all officers of the fire department, shall be
under his command.
§ 18. No person shall be eligible to the office of mayor
who IS not a citizen of the United States, and who shall not
have been a resident of the city for two years next preceding
his election, or who shall be under twenty-one years of age.
If the mayor removes from the city his office shall be vacated.
§ 19. The mayor is hereby authorized to call on any
and all white male inhabitants" of the city or county, over
the age of eighteen years, to aid in enforcing the laws of the
state or ordinances of the city, and, in case of riot, to call
out the militia, to assist in suppressing the same or carrying
into effect any law or ordinance ; and any person who shall
not obey such call shall forfeit and pay to said city a fine of
five dollars. He shall have power, whenever he may deem
it necessary, to require of any of the officers of the city an Exhibitor official
exhibit of all their official books and papers ; and shall have ^°°^'-
power to execute all duties that may be required of him by
this act or any ordinance made in pursuance hereof.
§ 20._ All ordinances, before they take effect, shall be or-Unances.
placed in the office of the clerk ; and if the mayor approve
thereof, he shall sign the same ; and such as he may
not approve he shall return to the council at the next
meeting thereafter, with his objections thereto. Upon the
return of any such ordinance by the mayor the vote by
which the same was passed shall be reconsidered ; and if,
after such reconsideration, a majority of all the aldermen
elected shall agree, by the ayes and nays, which shall be
entered upon the journal, to pass the same, it shall go into
effect. And if the mayor shall neglect to approve or object,
for a longer period than ten days, after an ordinance shall
108 CITIES.
be placed in tlie clerk's office, as aforesaid, the same shall go
into effect.
§ 21. The mayor shall, ex officio^ have power to admin-
ister any oath required to be taken by this act or any law
of the state ; to take depositions, acknowledge deeds, mort-
gages and all other instruments of writing, and certify the
same, under the seal of the city ; which shall be good and
valid in law.
§ 22. In case the mayor is unable to perform the duties
of his office, by reason of temporary or continued absence
or sickness, the council shall appoint one of its members to
preside over their meetings, whose official designation shall
be "Acting Mayor." And the alderman so appointed shall
be vested with all the powers and perform all the duties oi
mayor until the mayor shall assume his office or the vacancy
be filled by a new election.
Duties of city § 23. The clerk shall keep the corporate seal and all the
*'^®'"''- books and papers belonging to the city. He shall attend
all the meetings of the council, and keep a full record of its
proceedings. Copies of all ordinances and papers filed in
his office, and transcripts from the journal of the proceedings
of the council, certified by him as clerk, shall be evidence
in all courts and places, without further proof thereof, and
in like manner as if the originals were produced. The
clerk shall draw all warrants on the treasury, as provided
by ordinance, and keep an accurate account thereof, in a
book provided for that purpose. He shall keep an accurate
account of all receipts and expenditures, in such manner as
the council may direct ; and he shall have power to admin-
ister any oath required to be taken by this act.
Treasurer's do, § 24. The treasurer shall receive all moneys belonging
"^'- to the city, and shall keep an accurate account of al) receipts
and expenditures, in such manner as the council may
direct. All moneys shall be drawn from the city treasury
in pursuance of an order of the council,, by treasury warrant,
signed by the clerk and mayor: and such warrant shall
specify for what purpose the amount therein named is to be
paid.
§ 25. The treasurer shall exhibit to the council, as often
as required, a full and detailed account of all receipts and
expenditures, the state of the treasury, and the state of each
special fund therein \ which account shall be filed in the
office of the clerk.. And, on retiring from office, the treas-
urer shall deposit his account books in the office of the city
clerk, where they shall be kept as public records of the city.
The marshal's § ^^^ ^hc marshal and deputy marshal shall perform
duue3." ^ all such duties as may be provided by ordinance ; and they
shall possess the same powers and perform the same duties,
within the limits of the city, as constables in the different
counties possess ; and may serve any process, issuing under
CITIES. 109
and by virtue of this act or the ordinances and by-laws of
said city, at any place within the county of McLean.
§ 27. The city assessor shall perform all duties, in rela- Assessor.
tion to the assessing of property, for the purpose of levying
taxes imposed by the council. In the performance of hi's
duty he shall have the same powers as are or may be given
by law to county or town assessors, and be subject to the
same liabilities.
§ 28. The city collector shall collect all taxes and assess- collector,
ments which may be levied by the council, and perform such
other duties as may be prescribed by ordinance. The coun-
cil may appoint township assessors and collectors to assess
and collect for the city.
§ 29. The council shall have power, from time to time,
by regular ordinance, to fix the compensation, prescribe the
duties of, and to require further and other duties of all
officers elected or appointed under this act : Provided^ the
compensation of any person elected to any oflSce made elec-
tive by this act, shall not be increased or diminished during
his term of office.
§ 30. All suits or actions, for the recovery of any fine, Recovery of fines
penalty or forfeiture arising under this act or the ordinances
of the city, where the amount sued for or in controversy
does not exceed one hundred dollars, may be brought before
any police magistrate of the city, or before any justice of
the peace in the city, designated by the council: Provided^
that police magistrates and pohce constables, when elected
under any law of this state, and all justices of the peace,
designated by the council or called upon to act under any
ordinance, shall, in addition to the bond now required by
the laws of this state, enter into bond to the city of Bloom-
ington, in such sum as the council may direct, binding them
to make their report and pay over to the treasurer all mon-
eys which may come into their hands, belonging to the city,
and to obey and conform to such police regulations as may
be established by the council.
§ 31. In all prosecutions or suits, brought by the city of
Bloomington, for the violation of any ordinance, by-law or
police regulation, the said city shall be exempt from all
court fees, to the same extent as the state, by the laws there-
ot, IS m crimmai prosecutions.
§ 32. In addition to the powers hereinbefore mentioned Miscellaneous
the council shall have power, by ordinance : ci°y cmmcii.
1st: To levy and collect, annually, taxes, not exceeding
five mills to the dollar on the assessed value of all real and
personal estate and property within the city, made taxable
by the laws of state, and in its own manner provide for the
levy of assessment and collection of city taxes and assess-
ments, not inconsistent with the constitution of the state,
and to alter and change any such provisions as it may, from
time to time, deem proper. To prescribe the form of assess-
CITIES.
ment lists, and make such regulations in relation to revising,
altering or adding thereto, as it mav deem right and proper.
To provide that the city taxes and general and special as-
sessments shall, by the proper officers of the county of
McLean, be carried out on the books of the proper township
collectors, whose several townships embrace the city of
Bloomington, to be by them collected in same manner and
at same time as state and county taxes ; to be paid over to
such person as the council may order or provide ; and that
delinquent lands or lots shall be returned to the county
treasurer, or other officer designated by general laws, who
shall procegid with the collection thereof in the same manner
and at the same time as he collects state and county taxes;
and shall pay the same over to such person as the council
may direct. All taxes and assessments, general or special,
levied or assessed under this act, or any ordinance in pur-
suance hereof, shall be a lien on all the real estate upon
which the same may be imposed, levied or assessed, for two
years from and after the assessment thereof, and on personal
property from and after the delivery of the warrant for col-
lection until paid.
2d: To require all officers, appointed in pursuance of
this charter, to give bonds, with penalty and security, and
take an oath for the faithful performance of the duties of
their respective offices, upon entering upon the discharge of
the same.
3rd: To make any and all regulations necessary to
secure, protect, preserve and restore the general health and
to prevent the introduction of contagious diseases into the
city ; to make quarantine laws for that purpose, and to enforce
the same.
4th : To appropriate and provide for the payment of the
debts and expenses of the city.
5th : To declare what shall be a nuisance, and to prevent,
abate and remove the same.
6th : To provide the city with water, for the extinguish-
ment of fires and the convenience of the inhabitants, in such
manner as it may deem best.
7th: To open, alter, abolish, widen, extend, establish,
grade, pave or otherwise improve and keep in repair streets,
avenues, lanes and alleys; to make, establish, build and
construct sewers, and to carry out a system of sewerage, to
drain the city, and to take private property for any o± said
purposes, first making provision for ascertaining and pay-
ment of adequate and just compensation for all damages to
the owners of such property, in such manner as the council
may, by ordinance, provide ; and to require the owners of
any lot or piece of ground to lay a good and substantial side-
walk along any street or alley passing such lot or ground,
in such manner as the council may provide. The expenses
of any improvement mentioned in the seventh division of
CITIES. Ill
this section, except sidewalks, shall be levied and assessed
upon the real estate adjoining or benefited thereby, with
the costs of proceeding therein, in proportion, as nearly as
may be, to the benefits resulting thereto, and shall be col-
lected as in other cases. All owners or occupants in front
of or upon whose premises the council shall order and ^Jrl"' ''"'* '^^'
direct sidewalks, or private drains communicating with any
main drain, to be constructed, repaired, relaid or cleansed,
shall make, repair, relay or cleanse such sidewalks or private
drains at their own cost and charges, in the manner and
within the time prescribed by ordinance, or otherwise ; and
if not done in the manner and within the time prescribed
the council may cause the same to be constructed, repaired,
relaid or cleansed, and assess the expense thereof, by an
order, to be entered in their proceedings, upon such lots,
respectively, and collect the same as in other cases. The
council may provide, by ordinance, that suits may be insti-
tuted, in any court having jurisdiction, against the respec-
tive owners of any real estate, for the recovery of the amount
of the expenses and costs of any special tax or assessment,
authorized by the seventh division of this section ; and it
may then be optional with the council which remedy shall
be pursued.
8th: To change the boundaries of any ward, and estab-
lish new wards, and provide for the election of aldermen.
9th: To provide for lighting the streets, keeping the same
in repair, and to prohibit obstructions and nuisances in any
street or alley.
10th: To erect market houses, establish markets and
market places, and provide for the government and regula-
tions thereof.
11th: To provide for erecting all needful buildings, for cuy building.
the use of the city, to license, tax and regulate auctions,
merchants, retailers, grocers, taverns, hawkers, peddlers,
brokers, pawn brokers and money changers, hacking carri-
ages, wagons, carts, and drays; and to fix the rates to be
charged for the carriage of persons, and for the wagonage,
cartage, and drayage of property.
12th: To license and regulate porters, and fix the rates
of porterage.
13th: To license, tax and regulate theatrical and other
exhibitions, shows and amusements.
lith: To tax, restrain, prohibit and suppress tippling Tippling houses,
houses and dram shops; to prohibit and suppress gaming,
gambling, gaming houses, bawdy houses, and all disorderly
nouses.
15th: To license or entirely prohibit the sale of spirituous,
vinous, mixed, malt or fermented liqors, within the limits of
the city, by any person or persons.
leth": To provide for the prevention and extinguishment
of fires, and to organize, estabhsh and support fire compa-
nies.
ir^ CITIES.
17th: To provide for the prevention and suppression of
riots, routs, unlawful assemblages, and any disturbance of
the public peace, and punish, by fine, all persons guilty
thereof.
18th: To regulate the storage of gunpowder, tar, pitch,
rosin and other combustible materials ; to compel the owner
or occupant of any grocery, cellar, soap or tallow chandlery,
blacksmith, tannery, stable, slaughter house, distillery, brew-
ery, sewer, privy or other unwholesome or nauseous house
or place, to cleanse, remove or abate the same, as may be
necessary for the health, comfort and convenience of the
inhabitants affected thereby.
19th: To direct the location and regulate the manage-
ment and construction of breweries, tanneries, blacksmith
shops, founderies, livery stables, and packing houses; to
direct the location and regulate the management and con-
struction of, and restrain, abate and prohibit, within the city
and to the distance of one mile from the limits thereof,
slaughtering establishments, establishments for steaming or
rendering lard, tallow, offal and such other substances as may
be rendered, and all other establishments and places where
any nauseous, offensive or unwholesome business may be
carried on or conducted.
RiHreads. 20th: To direct and control the laying and construction
of railroads, bridges, turnouts, switches, in the streets and
alleys, and the location of depot grounds, within the city;
to require railroad companies to keep in repair and to light
the streets and alleys through which their tracks may run,
and construct and keep in repair and unobstructed, suitable
crossings at the intersections of their roads, with streets,
alleys, ditches, sewers and culverts ; to direct the use and
regulate the speed of locomotive engines, within the inhabi-
ted portions of the city ; to prohibit and restrain railroad
companies from doing storage or warehouse business or col-
lecting pay for storage.
21st: To regulate the conduct of persons present at any
fire, in said city, and to provide for punishing any person
for disobeying such regulations ; to require all male inhabi-
tants, over twenty-one years of age and under fifty, to pay
an annual street tax, not exceeding three dollars, and to
provide for the collection of said tax.
22nd: To regulate, establish and order party walls and
partition fences.
23rd: To establish and regulate standard weights and
measures, in all cases not otherwise provided by law.
napection of 21tli: To providc for the inspection and measurement of
lumber, etc. lumber and other building material, and for the measure-
ment of all kinds of mechanical work ; and to provide for
the inspection and weighing of hay, stone coal, charcoal,
firewood, and other fuel, to be sold or used within the city ;
and to provide for and regulate the inspection of tobacco,
CITIES. 113
beef, pork, flour, meal, and spirituous liquors of all kinds,
brou2;lit to the city for sale ; and to regulate the weights,
quali'ty and price of bread, to be sold and used in the city.
25th: To provide for the taking enumerations of the in-
habitants of the city.
26th: To regulate the fees of jurors, witnesses, and oth-
ers for servics rendered under this act or any ordinance.
To prohibit horse-racing and immoderate riding or driving
in the streets. To prohibit and punish the abuse of animals.
To restrain and punish vagi-ants and street beggars. To vagranu.
establish and regulate public pounds. To restrain and pro-
hibit the running at large of horses, mules, cattle, sheep,
swine and goats ; and to authorize the distraining and im-
pounding and sale of the same, for the costs of the proceed-
ing and "penalty incurred. To tax, regulate, restrain and
prohibit the running at large of dogs, and to authorize their
destruction, when at large contrary to ordinance. To provide
for the safety and convenience of the inhabitants and other
persons of the city, by prohibiting all acts, sports or amuse-
ments in the streets, or public places of the city, of a dan-
gerous character. To provide for the punishment of oftend- ^'^^^^^ p-^^'"
ers, by imprisonment in the county or city jail, and by re-
quiring them to w-ork on the streets of said city, in all cases
where such ofi'enders shall fail or refuse to pay any fine or
forfeiture recovered against them.
27th: To regulate the poHce of the city ; to impose hues,
forfeitures and penahies for the breach of any ordinance,
and provide for the recovery and appropriation of such lines
and forfeitures, and the enforcement of such penalties.
28th: To license, regulate, suppress and restrain billiard
tables, and from one to twenty pin alleys. To audit all ac-
counts and claims against the city, and to require the credi-
tor or claimant to verify his account or claim by his own
oath or the oath of some other person.
29th- To make all ordinances, which shall be m any wise
necessarv and proper for carrying into execution the powers
specified" in this act, and to perform and enforce penalties tor
the violation thereof, so that such ordinance be not i-epug-
nant to nor inconsistent with the constitution ot the Umtecl
States or this state. . . ,, . .
§ 33. The council may, by ordinance, provide that m all smts law.
suits brought for the violation of any ordinance, or the re-
covery of any fine, under this act, before the police magis-
trate or other oflicer, the first process shall be a warrant tor
the immediate apprehension of the ofleuder ; 'i^id "^'%^;^^^;
ther provide that no change of venue shall be taken Irom
such police magistrate or justice of the peace selected b} the
dty, as hereinbefore provided, and that no appeal shall be
taken from any such justice of the peace or police magis-
trate, except upon bond given and the Pi'oceedings and tes-
timoiv reduced to writing as a bdl ot exceptions, signed by
CITIES.
the said niagistrate or other oflacer ; and the appellate court
shalHrj said appeal on the proceedings and evidence embo-
died in said bill of exceptions and none other. The style of
the ordinances of the city shall be, ^'Be it ordained by the
city council of the city of Blocmiingtmi.^^ And all ordinan-
ces passed by the council shall, within one month after they
shall have been passed, be published in some newspaper
published in the city, and shall not be in force until they
shall have been published as aforesaid.
§ 34. All ordinances of the city may be proven by a
copy thereof, certified by the clerk, under his hand and the
corporate seal of the city, if there be one ; and, when
printed and published, in book or pamphlet form, by au-
thority of the corporation, the same shall be received in evi-
dence in all courts and places, without further proof. And
the council shall cause all ordinances of the city, then in
force, to be revised and published in book or pamphlet form,
within twelve months after the passage of this act.
§ 35. The inhabitants of the city of Bloomington shall
be exempt from any highway, road or bridge tax, to be used
beyond the limits of the city, and from paying the tax, in
lieu thereof, without said limits. All property subject to
city taxes, whether real or personal, shall be exempt from
general or special road, highway or bridge tax, for the con-
struction or preparing of roads or bridges outside the city
of Bloomington.
§ 36. _Any mayor, acting mayor or alderman of the city
shall be liable to indictment, in any court of record in Mo-
Lean county, for receiving a bribe for the exercise of any
official power, for palpable omission of duty, willful aggres-
sion or malconduct, in the discharge of the duties of his
office, and, upon conviction, shall be subject to a fine of not
exceeding one hundred dollars ; and the court shall have-
power, upon recommendation of the jury, to add, as part of
the judgment, that he be removed from the office.
§ 37. All ordinances, regulations and resolutions now
in force in the city of Bloomington, and not inconsistent
with this act, shall remain in force under this act until al-
tered, modified or repealed by the council, after this act
shall take effect.
§ 38. All actions, rights, fines, penalties and forfeitures,
in suit or otherwise, which have accrued under the several
acts consolidated herein, shall be vested in and prosecuted
by the corporation hereby created.
§ 39.^ AH property, real, personal or mixed, belonging
to the city of Bloomington, is hereby vested in the corpora-
tion created by this act ; and the officers of said corporation,
now in office, shall, respectively, continue in the same until
superseded in conformity to the provisions hereof, but shall
be governed by this act."
CITIES. 115
§ 4:0. This act shall not invalidate any legal act done by
tlie council of the city of Bloomington or by its officers, nor
divest their successors, under this act, of any rights of pro-
perty, or otherwise, or liability, which may have accrued
to or been created by said corporation prior to the passage
of this act.
§ 41. All officers of the city, aldermen included, are
hereby created conservators of the peace by this act, and
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, and, if necessary, detain such persons in
custody over night, in the city jail or other safe place ; and
shall have and exercise such other powers, as conservators
of the peace, as the council may prescribe.
§ 4:2. Nothing in this act contained shall be construed
so as to deprive the council of said city of any power or au-
thority conferred upon the same by act under which said
city was incorporated and the various acts amendatory there-
to ; but the council shall possess and enjoy all the powers
and authority heretofore conferred upon the same, except so
far as such power and authority have been expressly modi-
fied or repealed by this act or the acts heretofore mentioned.
This act shall be deemed a pubhc act, and may be read in
evidence, without proof; and judicial notice shall be taken
thereof in all courts and places.
This act shall take effect and be in force from and after its
passage.
Appeoved February 13, 1861.
«
AN ACT to amend the charter of the City of Belleville. In '<«"f Fd^ruarj
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the
city council of the city of Belleville shall have power, with-
in the jurisdiction of said city, by ordinance, to regulate
cemeteries and burying grounds, within two miles of the
city, and to punish, by fines, penalties or imprisonment, all
persons who shall trespass upon or desecrate the same, or
violate the provisions of any ordinance in relation thereto,
in the same manner as if the offense were committed withm
^ '§2!"^' The city council shaU have power to adopt a plan Actions to the
for the laying out and platting of all additions which may
be made to the city, or of subdivisions of lands lying
within the city, or within one-half mile ol the limits
thereof, so as to estabhsh regularity and unitoi-mity m the
streets and highways of the city and vicinity, and to require
that all additions and subdivisions, which may be so laid out
116
CITIES.
Qualification
voters.
Salaries.
Punishment of of
fenses.
Collection of fines
Appeals.
or platted, shall conform to sucli plan. And no map or plat
of any addition to said city, or of any subdivision of lands
lying within the same or within one-half mile of the limits
thereof, shall be entitled to record or shall be recorded in the
office of the recorder of St. Clair county until the same
shall have been approved by the city council of said city.
And all such additions or subdivisions shall be null and void,
unless a correct map or plat thereof shall be approved by the
city council of said city, before the same is filed for record,
of ^ § 3. 1^0 person shall be entitled to vote at any election
in said city who has not been a citizen of the state of Illinois
for at least one year, and of said city for at least six months
and of the ward in which he proposes to vote for ten days
next preceding such election ; and, if required by any judge
or qualified voter, he shall take the following oath, before he
shall be permitted to vote: "I swear (or affirm) that I am of
the age of twenty-one years, and have been a resident of this
state one yeai, a resident of this city six months, and a resident
of this ward ten days immediately preceding this election."
^ § 4. The salary of the mayor of said city shall not be
more than three hundred dollars per year ; and no aldennan
shall receive more than fifty dollars per year for any ser^d-
ces rendered by him as a member of the city council.
§ 5. Police magistrates shall, upon proper information
of any violation of any penal clause of the city charter or
of any penal ordinance of the city, issue a warrant to the
city marshal, or any police constable, or any other officer
authorized to execute the same, commanding him to forth-
with apprehend the ofl'ender and bring him before him or
any competent court ; and if, upon the trial, it shall appear
satisfactory to the court or jury, after hearing the evidence
and proofs adduced in the case, that the accused is guilty of
the offense complained of, such fine, penalty, forfeiture or
imprisonment shall be imposed or adjudged against the of-
fender as may be prescribed by the charter or ordinance.
1^0 process shall be necessary, where the offender is arrested
without warrant, and brought before the court ; but an en-
try of the cause, place and time of arrest shall be made up-
on the docket of the court, and trial had in the same man-
ner as if process had been issued.
§ 6. The city may sue and declare for several fines, pe-
nalties or forfeitm-es for violations of the charter or ordi-
nances of the city, and recover judgment for as many offenses
as may be proven, not exceeding the jurisdiction of the
court, and may prove any offense committed before the com-
mencement of the suit.
§ 7. The city may appeal in all cases arising under the
charter and ordinances of the city, without giving security ;
and the mayor, in cases of appeals by the city, shall execute
bond, under the corporate seal, without sureties ; and a res-
olution or ordinance of the city council, authorizing the
CITIES. 117
same, shall be sufficient authority therefor; nor shall the
city, 'in any case, be required to tile bond or security for
costs.
§ 8. The city council shall have power to levy and col- '-p'^'^'^' *'"'■
lect besides the general tax, a special tax, on all taxable
property of not exceeding two mills on the dollar ; which
two mill's shall constitute a sinking fund, to be applied, si^wngfund.
wholly applied, in the payment of the bonds and obligations
of the city, due or maturing on or before the first day of
January, 1865, and for no other purpose whatever.
§ 9. The city council may authorize the mayor and re- ^^"^ °^ '"'"'''•
gister to issue bonds, to the amount of five thousand dollars,
payable in not less than ten nor more than fifteen years,
and bearing ten per cent, interest, per annum ; the proceeds
of which shall be applied to the building of cisterns or to
subscription for stock to aqueducts or water works; said bonds
not to be disposed of for less than par : Provided, that no
such bonds shall be issued unless a majority of the tax pay-
ers to whom the question shall be submitted, shall have de-
cided in favor thereof.
§ 10. Section 29, of the 13th article of the charter ot
said city, approved February 18th, a. d. 1859, is hereby re-
pealed ; and no act of the city council for the non-observance
of said 'section, shall, in any way, be affected or impaired, any
more than if said section had never been a part of the char-
ter of said city. _ a- ^ -a
§ 11. Every act and every part of any act m contlict witii
the provisions of this act are hereby repealed.
This act to take eflfect from and after its passage.
Approved February 22, 1861.
AN ACT to amend the chartsr of the Oity of Cairo. In force February
Section 1. Be it enacted hy the People of tlie State of
Illinois, represented in the General Assembly, That all that
part of the seventh article of the original charter of the city
of Cairo, entitled "Miscellaneous Provisions," approved
Feruary 11th, 1857, included in section one of said article,
after the words "on the same," in the fourth line ot said
section, and thence to the end of said section one, be and
the same is hereby repealed. „ . r. x-
§ 2. Be it further enacted, That all of section five ot an
act entitled "An act to amend the charter ot the city ot Cai-
ro," approved February 11th, 1859, be and the same is here-
by repeakd.^^^ and after the passage of this act assessments Assessments,
shall be made of all the property within the city ot Cairo tor
118 CITIES.
county purposes, the same as if tlie parts of acts hereby re-
pealed had never been in force ; but no assessments shall be
made for county purposes for the period said parts of acts
were in force ; or, if made, no collection shall be enforced
of said taxes.
§ 4t. This act shall be in force from and after its passage.
Appkoved February 13, 1861.
In force February
AN ACT to amend "An act to amend the act entitled 'an act to reduce the
law incorporating the city of Chicago and the several acts amendatory there-
of into one act, and to amend the same,' approved Februarv M, 1851, and
to reduce the several acts amendatory of said act into one act, and to amend
the act entitled 'an act to incorporate the Chicago City Hydraulic Company,'
approved February 15, 1851, and to reduce the several acts amendatory of
said last mentioned acts into one act, and to amend the act entitled 'an act
to incorporate a board of Sewerage Commissioners for the City of Chicago,' "
approved February 14, 1855.
Section 1. Be it enacted hy the People of the State of
City election. IlUnois, represented in the Creneral Assembly, That the
municipal elections in said city shall be held on the third
Tuesday in April, at which time there shall be elected, by
the qualified voters of said city, all officers to be elected at
the general municipal election. The first election shall be
held on the third Tuesday in April, 1861; and no special
election shall be hereafter held in said city for the election
Term of office, of city officcrs, cxccpt as is in this act provided.
§ 2. The term of office of the mayor, aldermen, water
commissioners, sewerage commissioners, and of all officers
now elected or appointed in and for said city, except as is
in this act specially provided, is hereby extended, and shall
continue until the first Monday in May, 1861, and until
their successors are elected and qualified. The present
city marshal shall continue in office until the expiration of
the term for which he was elected, when the office of city
marshal shall expire, and there shall be no city marshal
in said city after the fourth day of March, 1862. The term
of office of all water commissioners and of all sewerage com-
missioners in said city, shall expire on the first day of May,
A. D. 1861, any provision of law now in force to the contra-
ry notwithstanding.
BOAKD OF PUBLIC WOEKS.
§ 3. That so much of the act to which this is an amend-
street commits- mcut, as providcs for the election of a street commissioner
superintendent, iu tlic iiortli, soutli and wcst divisious of said city, at the an-
nual election, and for the appointment of a city superintend-
CITIES. 119
ent by the common council of said city, is hereby repealed.
All provisions in relation to the duties of said officers men-
tioned in this section shall continue in force to the first
Monday in May next, at which time the same shall cease to
have any force or etiect whatsoever : Provided^ that the city
shall have the right to enforce the performance of all con-
tracts heretofore entered into, and the rights and liabilities
accrued or to accrue, under any provisions of law now in
force, and to continue and complete all proceedings com-
menced under any law or ordinance of said city, and to as-
sess the costs and expenses of any improvement or work
heretofore ordered, and the assessment for the same, the
same as if said provisions of law remained in full force and
effect ; and the commissioners of the board of public works,
hereby created, shall carry out such contracts and complete '
all such improvements or works heretofore commenced.
§ 4. After the first Monday in May, 1861, there shall be
organized in said city, an executive department of the mu-
nicipal government, to be known as the " Board of Public
Works."
§ 5. The said board of public works shall consist of three commissionera of
commissioners, to be chosen one from the north, one from ^wks.^^ ^"^^^
the south, and one from the west division of said city, who
shall constitute said board. At the next city election, to be
holden in said city on the third Tuesday in April, 1861,
there shall be elected by the qualified voters of said city,
three commissioners of said board from the said divisions,
who, when elected, shall be the first commissioners of said
board of public works, and who sh^ll respectively hold their
offices for two, four and six years, and until their successors
are duly elected and qualified.
§ 6. The said commissioners herein named shall, within
ten days after the first Monday in May, a. d. 1861, proceed
to organize said board, and decide, by lot, their respective
terms of office, which decision shall be filed and deposited
in the office of the city clerk.
§ 7. On the third Tuesday of April, a. d. 1863, and bi-
ennially thereafter, there shall be elected, at the general city
election held in said city, one commissioner of said board
of public works, to succeed the member thereof whose
term of office expires ; which commissioner shall be elected
from the division of said city rej)resented by the conunis-
sioner whose term of office expires ; and said commissioner,
when elected, shall hold his office for the term of six years,
and until his successor in office is duly elected and qualified.
Should a vacancy occur, it shall be filled by appointment by
the mayor, with the advice and consent of the common coun-
cil of said city, until the next regular city election, when the
qualified voters of said city may, as in other cases, fill such
vacancy by an election of a successor, who shall hold his
office for the unexpired term ; said commissioners shall be
120
CITIES.
elected in the same manner as is now provided by law for
the election of general citj officers, by general ticket, by the
qualified voters of the whole city; and no person shall be
elected a commissioner of said board of public works unless
he has been a resident of said city for at least three years
and a resident in the division of said city for which' he is
elected, at least one year immediately preceding his elec-
tion,
c^ommissioners' § s Before entering on the discharge of his duties, each
01 said commissioners shall give bond to said city, in the
sum of one hundred thousand dollars, with sureties to the
satisfaction of the acting judge of the circuit court for Cook
county; which bond shall be conditioned for the faithful dis-
charge and performance of his duties as such commissioner •
'and that he will well and truly pay over any and all moneys'
and surrender any and all property, books and papers which
may come into his hands as such commissioner, on the ex-
piration of his term of office, or when required so to do by
the common council.
Sfthird: § ^- S.^^^ board of public works shall have the charge
and superintendence of all streets, alleys, lanes or hio-hways
in said city, and of all walks and cross-walks in th? same,
and of all bridges, docks, wharves, public places, public
landings, public grounds and parks in said city, and of all
markets, market places and market houses, engine houses
hospitals, armories and all other pubhc buildino-s in said
city belonging to the city, except school houses, and of the
location and erection of all pubhc buildings ; of all lamps
and lights for the lighting- of the streets, alleys, lanes, high-
ways, bridges, parks, public places and pubhc buildings of
the city, and of the erection and repair of such lamps and
lights, and the creation of new lamp districts ; of all works
lor the widening, deepening or dredging of the Chicao-o
river, or either of its branches ; of all sewers and the works
pertaining thereto ; of the water works of said city ; of all
public improvements hereafter to be commenced' by said
city. And they shall perform all the duties by this act pre-
scribed, and such other duties as the common council may
prescribe by ordinance.
Env^ioyecB. ^ § 10. Said board is authorized to employ, from time to
time, such superintendent or superintendents, engineers,
surveyors, clerks, assistants and workmen in the discharge
of their duties as they may deem necessary, and shall pay
their employees such salaries or wages as they shall deem
proper.
Ks °^ '''"■ ^ ^^- ^■^o o^* ^'^^^^ commissioners shall constitute a quo-
rum to do business ; they shall keep a record of all their
acts and doings, and adopt rules for tlieir government and
the government of tlieir employees ; and they shall keep
and preserve copies of all contracts, estimates, receipts,
plkns, profiles and the papers of the board ; and shall re-
CITIES. 121
port their acts and doings in detail to tlie common council
on or before the first Monday in January and July in each
year, and oftener, when required so to do by the common
council.
§ 12. All applications for a change of grade, the erec-
tion of bridges, the creation of lamp districts, the lighting
of streets and public places, the grading, re-grading, pa\nno-,
re-paving, graveling and re-graveling, macadamizing, plank-
ing, re-planking of streets, alleys, highways or lanes, and
the cleaning thereof, the .construction and repairs of side-
walks, the improvements of public grounds or buildings be-
longing to the city, the widening, deepening or dredging of
the Chicago river or either of its branches ; the openmg,
straightening, widening or closing of any street, alley, lane
or highway, or for any other improvement, the doing of
which is now placed by law nnder the care and within the
control of the municipal government of said city, shall, here-
after, be first made to the said board of public works. Upon Estimatei of ex-
receiving any such apphcation, the said board shall proceed ''*'"*'■
to investigate the same ; and if they shall determine that such
improvement is necessary and proper, before recommending
the same to the common council, they shall cause an esti-
mate of the expense and cost of the making of such improve-
ment, or doing such work to be made ; which estimate,
together with a plan or profile of the work to be done, or
improvement to be made, shall accompany such recommen-
dation of said board to the common council ; and if they do
not approve of such application they shall report such ap-
plication, with the reason for their disapproval, and the com-
mon council may then order the doing of such work or the
making of such improvement, having first ordered an esti-
mate of the expense thereof.
§ 13. The said board shall have the exclusive privilege
to grant permits, according to the ordinances of the city, for
the moving of houses, through the streets of the city, and
shall regulate the building or placing of vaults nnder the
side-walks, and all open spaces for the basement stories, and
the use of the public streets in any legal and proper man-
ner, except for railroad tracks ; and no building material or
obstruction of any kind shall be placed in the public streets,
alleys, or on the public grounds, without the -written permit
of said board ; said board shall have full power to regulate
and control the manner of nsing the streets, alleys, high-
ways and public places of the city, for the laying down of
gas or water pipes and sewers, and to cause the prompt re-
pair of the streets, alleys, highways and pubHc places wher-
ever the same may be taken up or altered ; and they are
hereby authorized and empowered to charge and collect, by
suit or otherwise, in the name of the city of Chicago, the
expense of such repairs to and from the person or persons
122
CITIES.
by whom such street, alley, highway or public ground may
have been taken up or altered.
§ 14. The said board shall have the exclusive privilege
f granting permits for the erection of wooden buildings
within the tire limits of said city, and to regulate and super-
intend the erection of the same,
street labor. § 15. The Said board shall hereafter superintend and
direct the labor required to be performed by law, by male
residents over twenty-one years of age, upon the streets and
alleys of said city, and to give the notices now required to
be given by the street commissioners in said city ; and they
shatl report to the city controller the number of persons so
liable to labor upon said streets and alleys, when notified,
and the number and names of the persons in default and
refusing to work, so that the controller may take such
measures to collect the street tax due from such persons in
lieu of said labor, and properly charge the same in like
manner as other revenues of said city ; and said board of
public works are hereby vested — for the purposes of this
section — with all powers now conferred by law on the street
commissioners in said city.
SIDE WALKS.
Ass-^ssmenl
eosts.
§ 16. Said board shall, when they may deem it proper
and necessary, to repair or construct any side walk, direct
the occupant or owner, where he may be known, of any lot,
sub-lot, piece or parcel of ground fronting the same, upon
any street, alley, lane or highway, to repair or construct
such side walk at his own proper cost and charge, under
the superintendence of said board, in such manner and of
such material as they may prescribe, and within such rea-
sonable time as they shall direct; and if the same is not so
completed, within such time, the board shall cause an esti-
mate of the expense of repairing or constructing such side
walk to be made, and shall report the same to the common
of council, together with a recommendation that the proper
ordinance be passed for the doing of such work; on the
passage of such ordinance, the board of public works shall
proceed to make an assessment of the costs, damages, and
expenses for the making of such improvement or for the
doing of such work — the members of the said board being
hereby appointed special commissioners to make such as-
sessment. The damages, costs and expenses of making such
contemplated improvement shall be assessed on the lot,
sub-lot, piece or parcel of land, fronting, bounding or abut-
ting thereon, and shall be in proportion to the number of
front feet of said lot, sub-lot, piece or parcel of land, so
bounding, abutting or fronting on such improvement.
^ CITIES. 123
GRADING, CUBBING, PAA^NG, PLANKING AND REPAIRING OF
STREETS.
§ 17. Wlienever tlie board of public works may consider
it necessary that any street, alley, lane or highway should
l3e graded, curbed, paved with wood, stone or other mate-
rial, or re-paved or planked, re-planked, macadamized or re-
paired, graveled or re-graveled, they shall report the same
to the common council of said city, accompanied with a plan PUns and pro-
or profile of the work to be done and an estimate of the ex- ^''°'
pense for the doing of the same, accompanied with a proper
ordinance for the ordering of such work to be done ; and if
the common council shall order such work to be done, or such
pubhc improvement to be made, the said board of public
works shall proceed to make an assessment of the benefits
and damages, costs and expenses of the doing of such work
and the making of such contemplated improvement — the
said board of public works being hereby appointed commis-
sioners to make such assessment. The damages, costs and
expenses of making such improvement shall be assessed on
the lot, sub-lot, piece or parcel of land fronting, bounding or
abutting thereon, and shall be in proportion to the nuniber
of front feet of the said lot, sub-lot, piece or parcel of land, so
bounding, abutting or fronting on such improvement.
OPENING OF STREETS AND PUBLIC GROUNDS.
§ 18. "Whenever said board of public works shall deem
it for the interest of said city to open, widen, lay out, ex-
tend, alter, narrow, straighten or close any public street,
alley, lane, highway, park or public ground of said city, or
to improve any park or public ground, they shall report the
same to the common council, accompanied with a plan or
profile of the contemplated work or improvement, and an
estimate of the expense of the same ; and they shall also
specially report what damages it will be necessary to assess,
and whether, in their opinion, lands, tenements and heredit-
aments, with any or all interests to be benefited or assess-
ed, can be found benefited to the extent of the damages,
costs and expenses necessary to be incurred in the making
of such contemplated improvement; and if the common
council shall order such public improvement to be made,
the said commissioners of said board of public works shall
proceed to make an assessment of the benefits and damages,
costs and expenses of the doing of such work and the
making of such contemplated improvement — the said board
of public works being hereby appointed commissioners to
make such assessment in accordance with the extent of the
benefits accruing, and of the report theretofore made by said
board; and the damages, costs and expenses of making such
improvement shall be assessed by the commissioners, on
124 CITIES.
the real estate deemed benefited by such improvement, in
■ proportion to the benefits resulting therefrom, as nearly as
may be.
WIDENING, DEEPENING AND DKEDGING OF THE CHICAGO KITEK
AND ITS UKANCHES.
§ 19. Whenever said board of public works shall deem
it for the interest of said city to widen, deepen or dredge
out the Chicago river, or either of its branches, or any part
or parts of the same, it shall report such fact to the common
council of said city, together with an estimate of the cost
and expense of the making of such improvement, accompa-
*** nied with a plan or profile of the contemplated improve-
ment, with an ordinance ordering the doing of such work
and the making of such improvement; and if the common
council shall order such work to be done, the commissioners
of said board of public works shall proceed to make an as-
■^damages^to.**' scssment of the benefits and damages, costs and expenses of
the doing of said work or the making of such improvement —
said board of public works being hereby appointed commis-
sioners to make such assessment. The damages, costs and
expenses of making such improvement shall be assessed on
the property by the commissioners deemed benefited by the
making of such improvement.
SURVEYING AND CLEANING STREETS AND EEPAIRING PUBLIC
BUILDINGS.
§ 20. The cost and expense of surveying streets, alleys,
lanes and highways, and the cleaning thereof, and the
cleansing of public places, markets and gutters, all improve-
ments at the intersection of streets or alleys, or of streets and
alleys, and the repair of public buildings within said city,
and the construction of cross walks, shall be chargeable upon
and paid out of the general fund of said city : Provided,
the common council of said city shall have the same power
as is now provided by law to punish all violations of any
ordinance or regulation in relation to the public health of
the city.
BUILDING BRIDGES.
§ 21, Whenever said board shall deem it for the interest
of said city that any bridge should be hereafter construct-
ed over the Chicago river, or either of its branches, they
shall estimate the whole expense thereof and submit such
estimate, with a proper plan, to the common council, who
may then direct the construction thereof, under the super-
intendence of said board : Provided, whenever a suitable
Expense of con- number of persons shall agree to secure to the board of pub-
.tniouon. YiQ works the full expense of constructing any bridge, the
CITIES. 125
common council may, in their discretion, authorize the per-
sons agreeing to bear the expense thereof to contract for the
building of such bridge. In such case, however, the board
of public works shall have the entire charge and superin-
tendence of such work, and the plans for the same shall be
subject to their approval.
§ 22. All public improvements, not herein specified to
be paid for by special assessment, shall be paid for out of
the. general fund of said city, or in such manner as the com-
mon council of said city shall direct.
§ 23. Whenever said board of public works shall recom- Petition for pnb-
mend to the common council the passage of an ordinance ment. ™^'"**^*'
directing the doing of any work or the making of any public
improvement, to be paid for by a special assessment, they
shall, with such recommendation, certify to said common
council whether the doing of such work or the making of
such public improvement is asked for by the petition of the
owners of three-fourths of the property so to be assessed for
the doing of such work or the making of such public im-
provement ; and if the owners of three-fourths of the pro-
perty so to be assessed shall fail to petition for the making
of such public improvement or the doing of such work the
same shall only be ordered by the votes of three-fourths of
all the aldermen elected ; such vote to be entered by ayes
and noes on the record of the common council. The certifi-
cate of said board of public works shall be prima facie as
to the number of said petitioners and of the interest of those
asking for the doing of such work or the making of such
public improvement.
§ 24. So much of the act to which this is an amendment
as provides for the appointment, by the common council of
said city, of commissioners to make special assessments, is
hereby repealed ; and said commissioners of said board of
public works shall, in all cases, act as commissioners to
make special assessments, whenever the same may be or-
dered ; for the making of which assessments they shall re-
ceive no fees.
§ 25. The said commissioners of said board of public ^^'J=« «' ""»*-
works shall, before proceeding to make any assessment, give
six days' notice, by publication in the corporation newspa-
per, of the time and place when and where they will pro-
ceed to make such assessment ; in which notice they shall
specify what such assessment is to be for, the amount of
such assessment, and the premises to be assessed, as near
as may be done, by general description. The meetings of
said commissioners, when engaged in making an assess-
ment, shall be held in a public place in said city, to be spe-
cified in said notice ; and all persons interested in any such
assessment shall have the rigm to be present and be heard,
either in person or bv counsel, at the making of such assess-
ment, and to introduce witnesses at such hearing, for the
126
CITIES.
Filing of assess
meut rolls.
purpose of proving the true value of the premises assessed
or of the damages sustained by the reason of the making of
such improvement; and said commissioners, for this pur-
pose, are hereby autliorized to administer oaths to all wit-
nesses produced before them ; and they may require the
city attorney to appear before them at suqIi hearing to re-
present the interests of the city ; and said commissioners,
when engaged in making an assessment, may adjourn, from
time to time, until such assessment is completed.
§ 26. When any assessment shall have been completed
by the board of public works and the assessment roll shall
have been made up a copy of the same shall be tiled in the of-
fice of said board, and a duplicate thereof shall be filed in the
othce of the city clerk, signed by the acting president of said
board of public works ; and six days' notice shall be given
by said commissioners, by publication in the corpoi'ation
newspaper, of the filing of such copy of such assessment
roll in the office of the city clerk, and that at the next regu-
lar meeting of the common council, after the expiration of
such publication, the said commissioners will apply to the
common council for a confirmation of such assessment. All
parties interested in said assessment shall have the right to
be heard at such meeting of the common council, both for
and against such assessment. All parties objecting to such
assessment shall file their objections to the s^me, in wTiting,
in the otfice of the city clerk, at least two days prior to such
meeting of the common council ; and the council shall have
the power to adjourn such hearing, from time to time, and
shall have the power, in their discretion, to revise and cor-
rect the assessment and confirm or annul the same, and di-
rect a new assessmet to be made. Said assessments, when
confirmed by the common council, shall be final and conclu-
sive to all parties interested therein, except as is hereinaf-
ter provided; and when said assessment is confirmed by the
common council, and no appeal is taken, as herein provided,
a warrant shall issue for the collection of the same, signed
by the mayor and city clerk. If any assessment shall be
set aside the board of public works shall proceed to make a
new assessment, in like ifilllii|ier, for the same purpose, for
the collection of the amount so assessed. Any person in-
terested in any special assessment made by the board of
public works, at any time, within ten days after the confir-
mation of such assessment by the common council, and not
after that time, having first given notice of his, her or their
intention so to do to the city attorney, by leaving a written
notice at his usual place of business, with some white person
over the age of ten years, of such intention, specifying in
night of appeals, such noticc the court to which the appeal is to be taken,
shall have the right to pray an appeal to any court of record
for Cook county from the order of the common council con-
firming such assessment — first giving bond to said city, ap-
,k^'
CITIES. 12^
proved by the judge or judges of tlie court to which such
appeal is taken, conditioned to save the city harmless from
all damages caused by the taking of such appeal ; cind whicli
bond, together with the objection to such assessment roll,
specifying with such objection the land for which such ob-
jection is made, having been filed in the office of the clerk
of the court to which such appeal shall be taken, shall bo
by such clerk docketed, in the name of the person taking
such appeal, against the city of Chicago, "Appeal from As-
sessment;" and on the filing of a copy of the assessment
roll, as confirmed by the common council, the same shall be
at issue, and shall have the preference, in order of trial, over
all civil causes pending in said court. Such appeal shall be
tried before the judge and jury ; and on such trial the only
question to be passed on by the jury shall be whether the
valuation of the property specified in such objections is the
true value of the property, and whether such assessment is
a fair and impartial assessment,
§ 27. If the first assessment prove insufficient the board
of public works shall make a second, in the same manner,
and so on until sufficient moneys shall have been realized
to pay for such public improvement. If too large a sum
shall at any time be raised the excess shall be refunded,
ratably, to those by whom it was paid.
§ 28. If the damage to any person, by reason of any
public improvement, be greater than the benefit received,
or if the benefit be greater than the damage, in either case
the commissioners shall strike a balance and carry the dif-
ference forward to another column, so that the assessment
roll may show what amount is to be received or paid by
such owners, respectively, and the difference, only, in any
case, shall be collectable of them or paid to them.
§ 29. If the lands and buildings which may be in any
case taken, either in whole or in part, in the making of any
public improvement, belong to diflerent persons, or if the
land be subject to lease or mortgage, the injury done to such
persons, respectively, may be awarded to them by the com-
missioners, less the benefits resulting to them, respectively,
Irom the improvements.
§ 30. Whenever, in the making of any public improve- Payment of dam-
ment, which the common council is authorized to order or
make, either in pursuance of the powers conferred by this
act or by the act to which this is an amendment, it shall be
necessary to ajDpropriate any land, the assessment by the
board of public works of benefits and damages, costs and
expenses for the making of such improvement, when con-
firmed by the common council, as is herein provided for the
confirmation of assessments, and no appeal having been
taken therefrom, shall be a sufficient condemnation of such
land so appropriated. On confirmation of said assessment
Baid board of public works shall pay or tender to the owner
tenants.
128 CITIES.
of such land, or to his agent, the amount of damages over
and above all benefits which may have been awarded there-
for ; and in case the owner or agent of such land cannot be
found in said city the amount of such damage, over and
above all benefits for the making of such public improve-
ment, shall be deposited to the credit of such owner, by said
board of public works, in some safe place ot deposit in said
city, other than the hands of the city treasurer or an}'- offi-
cer of said city, for the safety of which the city shall be re-
sponsible ; and ten days' notice shall be given of the making
of such deposit, by publication- in the corporation newspa-
per ; and then, and not before, shall the board of public
works enter upon, take possession of and appropriate such
land. In case the damages to be paid for any land, so con-
demned, shall be paid for by a special assessment, the said
commissioners shall pay for the same, or tender the moneys
to pay for the same, when sufficient of such assessment shall
be collected to pay therefor. The commissioners of the
board of public woi'ks are hereby authorized to receive the
moneys from the city treasurer to make such tender, when
the same is required to be made, as herein provided.
I'^andiorda and | 31. When the whole of any lot or parcel of land or
other premises, under lease or other contract, shall be taken
for any of the purposes aforesaid, by virtue of this act, all
the covenants, contracts and engagements between landlords
and tenants, or any other contracting parties, touching the
same or any part thereof, shall, upon confirmation of such
assessment, respectively, cease and be absolutely discharged.
Remorai of build- § 32. If there should be any building standing, in whole
or in part, upon the land to be taken for the purpose of any
public improvement, the commissioners, before proceeding
to make their assessment, shall first estimate 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 secondly the value of such
building to him to remove.
§ 33. At least five days' personal notice shall be given
to the owner of such determination, when known and a resi-
dent of the city, or left at his usual place of abode ; if not
known or a non-resident, notice to all persons interested
shall be given by publication for ten days in the corporation
newspaper ; such notice shall be signed by the board of
public works, and specify the lot upon which said building
is situate and the award of the commissioners ; it shall also
require parties interested to appear, by a day, to be named
therein, or give notice of their election to the board of pub-
lic works, either to accept the award of the board of public
works 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 commission-
ers to remove. If the owner shall agree to remove the
Inga.
CITIES. 129
building lie shall have such time for this purpose as the
board of jDublic works may allow,
§ 3-i. If the owner refuse to take the buildinp^, at the
value to remove, or fail to give notice of his election, as
aforesaid, within the time prescribed, the board of public
works shall have power to direct the sale of such building,
at public action, for cash, giving five days' public notice of
the sale. The proceeds of the sale shall be paid to the
owner, or deposited to his use.
§ 35. .Whenever a warrant shall have been issued for the oouecuon of »»-
collection of a special assessment, the same shall be deliv- ^^^'°*'"'^'
ered to the city collector, who shall give ten days' notice, by
publication in the corporation newspaper, that he has re-
ceived such warrant, describing the same by number and
date and time when received, the amount to be collected,
the purpose for which collected, and the property assessed,
by general description. Such assessment shall be a lien
from the time of the confirmation of such assessment on the
real estate assessed ; and no transfer or sale shall affect such
lien. The payment of such special assessment may be en-
forced by said city at the same time and in the same man-
ner as is now provided by law for the collection of the gen-
eral tax levied on said city.
§ 36. If the amount of such assessment shall not be
paid within sixty days after the first publication of notice,
by the city collector that he has received such warrant for
collection, said assessment shall be collected, with damages
at the rate of one per cent, for each and every month that
the same remains unpaid. Said damages to be calculated
from the expiration of said sixty days.
§ 37. Said board of public works shall, whenever or-
dered so to do by the common council of said city, shall
make an assessment to pay for the expense, cost, benefit and
damage of doing any work, or for the making of any public
improvement, which may have been heretofore within the
last five years ordered by the common council of said city,
and the assessment for which has been, for any cause, set
aside or declared void, either in whole or in part, either by
the courts of this state or the common council of said city,
the making of which public improvement was authorized by
any law in force at the time such public improvement was
commenced. In all cases where payments have been made
on former assessments, levied for or on account of the doing
of such work, such payments shall be credited on such new
assessment, when made, to the property for which such sums
were paid, so that the assessment shall be equal and impar-
tial in its results.
§ 38. Whenever any public improvement shall be ordered ^1°^"^^^,
by the common council of said city to be made, and the
assessment for the same (where the same is to be paid for
by a special assessment) shall have been confii-med by the
—12
130 CITIES.
common council, and one-lialf of such special assessment
shall have been paid into the city treasury, the said board of
public works shall advertise for proposals for doing said
work — a plan or profile of the work to be done, accompa-
nied with specifications for the doing of the same, being first
placed on iile in the oflice of said board ; which said plan^
profile, and specification, shall at all times be open for public
inspection ; which advertisement shall be continued for at
least ten days in the corporation newspaper; shall state the
work to be done, and the estimate for the doing of the same,
made by said board of public works. The bids for the
. doing of such work shall be sealed bids, directed to said
board; and said bids shall be opened, at the hour and place
mentioned in said notice, by said board of public works.
Where the expense of any work or public improvement
shall exceed the sum of two hundred dollars, and the same
is to be paid out of the general fund of said city, the doing
of such work shall be let by contract, in the same manner
as is provided in cases where the expense of the same is
to be paid for by special assessment.
§ 39. All contracts entered into by said board of j^ublic
works, and all bonds taken by them, shall be entered into
and be made to the city of Chicago.
§ 40. All contracts shall be awarded by said board to
the lowest responsible bidder or bidders, who will sufiiciently
guarantee, to the satisfaction of said board, the performance
of said work, under the superintendence and to the satisfac-
tion of said board; copies of which contracts shall be filed in
the office of the controller of said city.
Non-performance § 41. The board of public works shall reserve the right
of eontraet. -^^ their Said contracts, to finally decide all questions arising
as to the proper performance of said work, and the sufiicien-
cy of the security oftered for its performance ; or, in case of
its improper construction, to suspend said work at any time,
and new let the same ; or to order the entire reconstruction
of said work, if improperly done , or to re-let the same to
some more capable and faithful contractor or contractors,
with power hereby given to said board to adjust the differ-
ence of damages or price, if any there be, which the con-
tractor or contractors failing to properly construct such work,
in such cases of default, should pay to the city, according to
the just and reasonable interpretation of such contract, in
their opinion ; which difference or balance shall be recover-
able at law, in the name of said city, before any court hav-
ing competent jurisdiction thereof, against such contractor
or contractors. But in all cases where the said contractor or
contractors shall properly perform and complete their said
contracts, to the satisfaction of said board of public works,
according to the plan and estimates aforesaid, and of the
proper and require 1 materials, the said board shall then cer-
tify the same to such contractor or contractors, granting him
contracts.
CITIES. 131
or them a certificate of the proper performance thereof, the
natm-e and amount of the work done, and the particular
piece or parcel of property chargeable therewith; which
shall be countersigned by the controller, and entitle the
holder or holders thereof to receive the amount that may be
due thereon from the assessment for the doing of such work
or making of such improvement, when the same is collected.
§ 42. No member of the board of public works, nor any
person in the employ thereof, shall be interested, directly or
indirectly, in any contract made and entered into with said
board of public works, or in any contract for the materials
to be furnished therefor ; and all contracts made with said
board, in which any member or officer of said board shall be
so interested, shall, at the option of the city, be declared
utterly void, and of no binding effect whatsoever; and any
member or officer of said board interested in any contract shall
thereby forfeit his office and be removed therefrom, on proof
of* such delinquency ; and it is hereby made the duty of each
member of said board of public works, and of the mayor,
and of every officer of said city, to report to the common
council any such dehnquency, when discovered.
§ 1:3. If the mayor of said city, or any member of the Members of board
board of public works, or any officer of said city, shall have h°ave interest in
reason to suspect that any member of said board, or any
officer of said board, or officer of said city, is interested in
any contract made or work done by said board, or that such
member has been guilty of malfeasance in office, he shall
forthwith report such fact to the common council, who shall,
if they consider such charge probable, order a committee,
to be appointed by them, from their body, to prefer allega-
tions, in writing, against such member, before the judge of
the circuit court for Cook county, in writing ; and said judge
shall, either in term time or in vacation, proceed to hear
such allegations against such member of the board of pub-
lic works, five days' notice having been given to such mem-
ber, by service of a copy of such allegation ; at which hear-
ing witnesses may be produced, both for and against such
allegations ; and if the judge shall deem said allegations
sustained, such member "shall, on the report of such finding,
by such judge, to the common council, shall be dismissed
from office ; and the common council shall proceed to fill
such vacancy as is herein provided in cases of vacancy m
such office. The judge of the circuit court, on the hearing
of such allegations, may adjourn such hearing froni time to
time. No member of said board of public works shall per-
form any duties as a member pf said board while such aUe-
gations are pending against him.
§ U. All supplies of materials or necessaries, ot any
kind, exceeding in amount the sum of two hundred dollars,
shall be purchased by said board of pubhc works, by con-
inaprovements.
132 CITIES.
tract witli the lowest responsible bidder, as is provided for
the making of contracts for the doing of work.
Record of busi- § 45. All proceedings had by said board of public works,
°**^" in relation to the opening or closing of any street, alley,
lane, highway, slip or canal, or for the widening of the Chi-
cago river or any of its branches, shall be recorded by said
board in a book or books kept for that purpose.
§ 46. Said commissioners of the board of public works,
in making an assessment, are hereby authorized to assess the
property by them deemed benefited by such public improve-
ment to an amount sufficient to cover the expense of such
improvement.
Special fund for § 47. All moncys received on any assessment made by
" """"'"'•' ^j^Q board of public works shall be held by the treasurer of
the city of Chicago, as a special fund, to be applied to the
payment of the improvement for which the assessment was
made ; and the certificate of the board of public works to
the contractor doing such work shall specify the work done
or improvement made ; and the draft made by the city con-
troller on the treasurer shall specify the same ; and said
money shall be used for no other purpose whatsoever than
for the payment for such improvement.
HYDKATTLIC AND SEWERAGE WOKKS.
§ 48. That so much of the act entitled "An act to incor-
porate the Chicago City Hydraulic Co:rpany," approved
February 11th, a. d. 1851, and the several acts amendatory
thereto, as provides, in any manner, for the election or ap-
pointment of the board of water commissioners for the city
of Chicago, be and the same is hereby repealed.
§ 49. That so much of the act entitled "An act to incor-
porate the board of sewerage commissioners for the city of
Chicago," approved February 14th, a. d. 1855, as provides
for the appointment or election of a board of sewerage com-
missioners, be and the same is hereby repealed.
Offices of water § 50. Immediately upon the organization of the board
and°'^l°wer"ge o^ public works, as provided in this act, the respective offi-
cominissioners qqq of "watcr commissioucrs" and "sewerage commission-
ers," for the city of Chicago shall be totally abolished; and
all powers of said two boards, heretofore granted by law,
except as herein provided, are hereby vested in said board
of public works ; and which said board is hereby made, res-
pectively, the board of water and the board of sewerage
commissioners ; the true intent and meaning of this act
being to abolish the Board of Sewerage Commissioners and
the Chicago City Hydraulic Company, as distinct corpora-
tions, and to vest all the powers conferred by said acts of
incorporation, and the acts amendatory thereof, in the afore-
said board of public works, except as herein specified.
CITIES. 133
§ 51. All moneys now in the hands of said "water com- Moneys now oa
missioners" and "sewerage commissioners," their respec-
tive treasm-ers, other officers or employees, belonging to the
hydraulic works or sewerage funds, shall be forth witli paid
over to the city treasurer, to the credit of the respective
funds to which they belong, and receipts therefor sliall be
filed with the city controller and said board of public
works ; and all moneys hereafter collected or arising from
loans, taxes, assessments, sale of materials, or any source
whatsoever, for the use of said sewerage and hydraulic works,
shall be in like manner paid into the city treasury. All
moneys hereafter to be paid by said board of public works,
on account of the sewerage or hydraulic works, shall be paid
by the certificate of the board of public works to the city
controller, and by his draft on the city treasurer.
§ 52. All accounts pertaining to the sewerage works of separate acc'ts.
said city, and all accounts pertaining to the hydraulic works
of said city, shall be kept in separate books of account ; and
all moneys deposited with the city treasurer, on account of
said works, shall be by him kept separate and distinct from
all other moneys, and shall only be applied for the uses and
purposes for which the same were received; and such moneys
shall be held by the treasurer of the city of Chicago, as a
special fund, separate and distinct from all other funds, and
he shall be deemed guilty of embezzlement if he shall pay
ont such moneys for any account other than that to which
such funds or moneys may belong, and shall be liable to in-
dictment for so doing.
§ 53. Said board of public works shall receive and col- couectien of wa-
u ir ,ter rents, etc.
lect all water rents, water taxes or assessments, and sew-
erage permits and licenses, the same as is now done by said
board of water commissioners and sewerage commissioners
respectively; and they shall report to the city treasurer, once
in each month, all moneys so received by them, and at the
same time pay over to such city treasurer all such moneys,
with a statement of the same ; to which account the same
belongs ; and shall receive his receipt for all moneys so paid
over.
§ 51:. All books, papers, instruments, tools, office fixtures,
buildings, machinery, maps, charts, drawings and property,
of what kind or nature soever, in the possession of the said
boards of water and sewerage commissioners respectively, or
either of them, their subordinates or employees, shall, at the
time of the organization of the board of public ^ works as
aforesaid, be immediately handed over to the said board ;
and it shall be the dutv of said board to make correct inven-
tories of all of said property, and file the same in the office
of the city controller, and a duplicate thereof in the office
of said board of public works.
§ 55. All bonds, contracts, agreements or obligations, of Completion of
what kind or nature soever, heretofore authorized to be ex-
134 CITIES,
edited by said board of sewerage commissioners, or water
commissioners, and by tliem or either of them entered into,
shall be carried out and completed, and complied with by
said board of public works. All contracts hereafter entered
into by said board on account of the sewerage or water works
of said city shall specify that they are for such works, and
are to be paid out of the funds pertaining to such works.
§ 56. The office expenses, and the expenses for clerks,
engineers and assistants, and the salaries of said commis-
sioners of the board of public works, shall be a charge, and
shall be paid share and share alike out of the funds pertain-
ing to the general fund of said city and the funds pertaining
to the water and sewerage works of said city; each of sai^
funds to be charged one-third of said expense.
Contracts in spe- § 57. Whenever the said board of public works shall
aa cases. clccm it ncccssary for the interests of the city, and to protect
the interests of the same from great loss and damage, they
shall, on a report to the common council of such necessity,
and of the reason for the same, have the right to ask from
the council the power to enter into a contract, (specifying
such contract,) witliout giving the notice in this act required
to be given before letting a contract ; and the common coun-
cil are hereby authorized, on being satisfied of such neces-
sity, may by resolution grant such ]30wer : But^ ^j>/'or?"(7t''6?,
three-fourths of all the aldermen elected shall vote [in] favor
of such resolution.
§ 58. The commissioners of said board of pubhc works
shall each receive an annual salary of twenty-five hundred
dollars.
Annual report. § 59. The board of public works shall, at the first regu-
lar meeting of the common council, holden in the mouth of
May, in each year, submit a statement, as near as may be,
of the repairs and improvements to be paid for out of the
general funds of the city, and necessary to be undertaken
by said city during the current year, commencing on the
first day of June next following the making of such state-
ment, and of the sums by said board of public works requi-
red to make such repairs and improvements, as near as the
same can be estimated; which report shall be in detail; and
such estimate having been revised by the common council,
the aggregate amount of the sums required after such revis-
ion shall be provided for in the general tax levy, to be laid
on said city, and no expenditure for an improvement to be
paid for out of the general fund of said city shall exceed in
any one year the amount |3rovided for such improvement in
said general tax levy : Provided^ hoioever^ nothing herein
contained shall prevent the common council from ordering
any improvement, the necessity for which is caused by any
casualty or accident happening after the making of such
annual estimate herein provided for. The common council
Issue of bonds, may authorize the mayor and controller to issue bonds to
CITIES. 135
pay the expense incnrred in the making of any improve-
ment, the need for which lias arisen as is Last above men-
tioned ; said bonds to rnn for a term not longer than one
year, and the payment of which said bonds shall be specially
provided for in the next sncceeding general tax levy. The
said city shall not issue bonds, or any other evidence of
indebtedness for any purpose whatever, except as is herein
provided : Provided^ liOioevei\ nothing herein contained
shall prevent the issue of any bonds now authorized to be
issued by any law of this state, under the laws creating said
boards of water commissioners and sewerage commissioners,
or the acts amendatory thereto, or any acts relating to sew-
ei-age or supplying said city with water, but said board of
public works' are hereby expressly empowered to issue all
such bonds as might have been issued by said board of water
commissioners and said board of sewerage commissioners,
respectively, if this act had not been passed.
§ 60. In the assessment of damages and benefits for the Assessment or
opening of any street or alley it shall be lawful for the com- '^*°"'"^'-
missioners in making such assessment, where part of the
land to be laid out into such street or alley, has been there-
tofore donated by any person or persons, for such street or
alley, to appraise the value of the land so donated, and to
apply the value of the land so donated, as far as the amount
so appraised shall go, as an offset to the benefits assessed
against the person or persons making such donation, or those
claiming under him; nothing herein contained shall author-
ize any person or persons, by whom such donation is made,
to claim from the city the amount of such appraisal, except
as an offset as herein provided.
§ 61. The board of public works shall elect from their
number a president and a treasurer, who shall hold their
offices for the term of two years, and until their successors
are elected and qualified, and they shall establish by-laws for
the regulation and conduct of their ofiicers and employees.
§ 62? The common council of said city shall have power
to require from any officer of said city, at any time, a report
in detail of the transactions in his otiice, or of any other
matter by said council deemed necessary, and the control-
ler of said city shall hereafter make the report, now required
to be made in the month of February, in each year, on or
before the first day of April in each year.
§ 63. Upon the petition of a majority of the owners ot widen^g ^^^^of
lots upon Michigan avenue, lying between Washm gion street ' "= ^°
and the north line of a short street running from Michigan
avenue to Lake Michigan, on the north line of block twenty-
three, (23,) in fractional section fifteen, (15,) addition to
Ghlcao-o, it shall be lawful for the common council to increase
the wtdth of said avenue thirty-six feet, upon the east line
thereof, from the north line of Randolph street to the north
line of the short street running from Michigan avenue to
136
CITIES.
Railroad tracks.
Lake Michigan, on the north hne of block twenty-three, (23,)
in fractional section fifteen, (15,) addition to Chicago, and
secure the east line of the proposed increase of width by a
substantial stone wall, so far as the same is. necesr.ary for
this purpose. Said council shall grade the increased width
• aforesaid to a line of the present level of said street or ave-
nue, and devote twenty feet of said width to the present road
bed, gravehng the same as the present road bed is graveled,
and upon remaining sixteen feet of said increased width,
construct and lay down a good and substantial stone side-
walk, and, upon the wall aforesaid, so far as the same is
constructed, and upon a proper stone foundation, to be built,
erect upon the same a good and substantial iron fence along
the whole line aforesaid. The said common council, to defray
the expense of said improvement, are hereby authorized to
appoint, in the manner as provided in the charter, two or
peciai assessors, morc Special asscssors to assess the cost of said improvement,
or have the same assessed by the board of pubHc works —
two-thirds of which shall be assessed upon the blocks of
land fronting upon Michigan avenue, and lying between
Washington street and Twelfth street, and the remaining
one-third shall be paid out of the treasury of the city.
§ Q4:. No encroachment shall be made upon the land or
water west of a line mentioned in Ihe second section of an
ordinance concerning the Illinois Central Eailroad (which
line is "not less than four hundred feet east from the west
line of Michigan avenue, and parallel thereto,") by any rail-
road company; nor shall any cars, locomotives, engines,
machines, or other things, belonging to any railroad or
transportation company, be permitted to occupy the same ;
nor shall any cars or machinery be left standing upon said
track fronting any part of Michigan avenue; nor shall the
city council ever allow any encroachments west of the line
above described. • And any person, being the owner of or
interested in any lot or part of a lot fronting on Michigan
avenue, shall have the right to enjoin said company and all
other persons and corporations from any violations of the
provisions of this section or of said ordinance, and, bj' bill
or petition, in chancery, in his or their own name, or other-
^vise, enforce the provisions of said ordinance and of this
section, and recover such damages, for any such encroachT
ments or violation, as the court shall deem just — the state ot
Illinois, by its canal commissioners, having declared that the
public ground east of said lots should forever remain open
and vacant. Neither the common council of the city of
Chicago, nor any other authority, shall e^'er have the power
to permit encroachments thereon, without the assent of all
the persons owning lots or land on said street or avenue.
§ 65. It is hereby made the duty of the mayor and
controller of said city, on or before the first day of April,
1861, or as soon thereafter as may be, to make a statement
NegotioUoa
city bonds.
CITIES. 137
to the common council of said city of the amount of scrip
and floating debt outstanding against said city ; and they
shall proceed to issue and negotiate the bonds' of said city,
payable, principal and interest, in JSTew York, and bearing
interest at a rate not exceeding seven per cent, per annum,
and becoming due and payable on the first day of April,
1881, to an amount sufficient to satisfy and retire the scrip
and floating indebtedness outstanding against said city, and
with the proceeds of said bonds they shall proceed to pay
and satisfy such scrip and floating indebtedness, which bonds
shall be in the ordinary form of bonds of said city, and shall
be issued in denominations of five hundred and a thousand
dollars each, as the said mayor and controller may deem for
the best interest of the city, and it is hereby made the duty
of the common council of said city, at the time of the levy-
ing of the general tax in each year, to provide for the paying
of the interest on the bonds issued under and in pursuance
of this section ; and they are hereby authorized to levy a
tax sufficient to pay such interest semi-annually, in addition
to the amounts which they are now authorized by law to
levy and collect.
§ 66. In addition to the amount of the bonds herein
authorized to be issued by the said city, the common council
of said city, on the first Monday of May, 1861, or as soon
thereafter as may be, may provide by ordinance for the
issuing of the bonds of said city, payable, principal and
interest, in Kew York city, to an amount not exceeding the
sum of one hundred thousand dollars, bearing interest at a
rate not exceeding seven per cent, per annum, payable semi-
annually, and payable in ten years from their date, and to
negotiate and sell said bonds, and to use the proceeds of
said bonds when sold, in paying the general expenses of
said city ; and the common council of said city shall at the
time of the levying of the annual tax levy on said city, pro-
vide for the paying of the interest on such bonds.
§ 66h Dio-by Y. Bell, Augustus H. Burley and Samuel commissioners to
-^•^ -^ 1^, .Ti •• . examine aty
Myers, are hereby appointed three commissioners to exam- finances.
ine into the condition of the finances of said city, who shall
report the result of their investigation to the common coun-
cil of said city. The said commissioners, when appointed,
shall have power to examine into all claims outstanding
against said city, the condition of the accounts of said
city and the accounts of said city heretofore audited and
closed. The said commissioners shall have power to sum-
mon before them any and all officers of said city, or
other persons, and shall also have power to require the
production by any such officer of the books and vouch-
ers or papers pertaining to his department. Said commis-
sioners shall proceed to hear evidence in regard to any mat-
ter brought before them, and for this purpose they are hereby
authorized to administer oaths to all persons appearing before
138 CITIES.
tliem as witnesses, and tliey are hereby further authorized to
commit to jail, as being in contempt, any person faihng or
refusing to appear before them to testify as to any matter
when summoned so to do. All summonses to be issued by
said commissioners, shall be issued in the name of the peo-
ple of the state of Illinois. No claim or indebtedness now
outstanding against said city shall be paid by said city out
of the proceeds of the bonds by this act authorized to be
issued, until the amount of such claim shall have been passed
upon and reported to said council by said commissioners.
At all hearings before said commissioners, the city attorney,
or such other person as shall be appointed by said commis-
sioners, shall appear on behalf of said city, and the parties
presenting claims against said city, shall have the right to
be heard by counsel or in person. The commissioners shall,
in addition to passing on all claims presented before them,
investigate the accounts of said city, and the books of account
of said city. The commissioners shall each receive five dol-
lars per day for each and every day, while engaged in such
investigation. Any vacancy in said commission shall be
filled by appointment of the governor; and in case said
commissioners named in this act shall decline to accept the
appointment, then said commissioners shall be appointed by
the governor.
controuer'8 state § 66f . In addition to the other duties of the controller
ment. Qf g^ifl city it is hereby made the duty of such controller,
on or before the fifth day of each and every month, to make
out a monthly statement, giving a full and detailed statement
of all moneys received, and of whom and on what account
received, and of all moneys ordered to be paid or drawn for
by warrant by him (giving the name of the person in whose
favor each order or warrant is drawn), and on what account
the same has been paid for the month preceding the month in
which such statement is made; and the said controller shall
cause the said monthly statement to be published in the cor-
poration newspaper of said city, before the seventh day of
each month, and shall deliver a true copy of such statement
to the said common council at the next meeting thereof, be
the same a regular or special meeting ; and on failure to
comply with the provisions of this act he shall be removed
from office l)y the common council of said city at any meet-
ing thereof, unless ho show reasonable excuse for such
failure.
Vote upon the § 67. Be it further enacted, that the following amend-
me^^ *™*^°'*' ments to the charter of the city of Chicago shall be submit-
ted to the legal voters of said city at an election to be held
at the usual places of holding election in the several wards
of the city of Chicago on the third Tuesday of March, 1S61,
at which election axQi-y person voting in favor of said amend-
ments shall deposit a ballot with the words "For the Amend-
ments," and every person voting against said amendments
CITIES. 139
shall deposit a ballot with the words "Against the Amend-
ments." If a majority of said ballots shall be for the amend-
ments, then said amendments shall hereafter constitute a
part of the charter of said city, and be in full force and vir-
tue. The returns of said election shall be made to the city
clerk, and be canvassed in the usual manner. It shall be
the duts' of the inspectors of election, in the several wards,
to hold said election, but in case of their absence or neglect
the voters present may elect the inspectors of said election,
who shall appoint clerks, and conduct the election in the
usual manner.
§ 68. Be it enacted hy the People of the State of Illmois^
represented in the General Asse7nhly^ That the corporate Extension or city
limits and jurisdiction of the city of Chicago shall be and ^'""''•
the same are hereby so extended as to embrace and include
within the same the several tracts of land hereinafter des-
cribed, which shall be deemed parts of the divisions of said
city, named in connection therewith, as follows :
South Division. — All those parts of sections twenty-nine
(29,) thirty (30) and thirty-one, (31,) lying south and east of
the South Branch of the Chicago river and of the Illinois and
Michigan canal, and sections thirty-two, (32,) thirty-three,
(33,) thirty-four, (3^1, ) and fractional section thirty-five, (35,)
all in township thirty-nine (39) north, range fourteen (14) east
of the third principal meridian.
West Division. — All those parts of section twenty-nine,
(29,) thirty, (30,) and thirty-one, (31,) all in township thirty-
nine (39) north, range fourteen (11) east of the third princi-
pal meridian, north and west of the Ilhnois and Michigan
canal and of the South Branch of the Chicago river, and all
of those parts of sections thirty, (30,) thirty-one, (31,) and
thirty-two, (32,) in township forty (10) north, range four-
teen (14) east of the third principal meridian, lying west of
the North Branch of the Chicago river.
division of wards.
§ 69. The said city, after the passage of this act, shall
contain and be divided into twenty-three (23) wards, to be
divided and designated and numbered as follows :
FmsT "Wakd.— All that portion of said city lying and be-
ing south of the Chicago river, and east of the South Branch
of the Chicago river, and north of a line running east and
west through the center of Washington street, shall be
known and denominated as the First Ward of said city.
Second Ward.— All that portion of said city lying and
being south of a line running east and west through the
center of Washington street, and east of the South Branch
of the Chicago river, and north of a hne running east and
west through the center of Adams street, shall be known
and denominated as the Second Ward of said city.
140
CITIES.
Thikd Waed.— -Ail that portion of said city lying and
being south of a line running east and west through the
center of Adams street, and east of the South Branch of the
Chicago river, and north of a line running east and west
through the center of Harrison street shall be known and
denominated as the Third Ward of said city.
FouETH Ward. — All that portion of said city lying and
being south of a line running east and west through the
center of Harrison street, and east of the South Branch of
the Chicago river, and north of a line running east and west
through the center of Twelfth street, shall be known and
denominated as the Fourth Ward of said city.
Fifth Waed. — All that portion of said city lying and be-
ing south of a line running east and west through the center
of Twelfth street, and east of the South Branch of the Chi-
cago river, and north of a line running east and west through
the center of Old street, shall be known and denominated as
the Fifth Ward of said city.
SixTK Waed. — All that portion of said city lying and be-
ing east of the South Branch of the Chicago river and of a
line running through the center of Dyer avenue, and south
of a line running east and west through the center of Old
street, north of a line running east and west through the
center of Rio Grande street, shall be known and denomina-
ted as the Sixth Ward of said city.
Seventh Waed. — All that portion of said city lying and
being south of a line running east and west throug'h the center
of Rio Grand street, and east of a line running north and
south through the center of Dyer avenue, and north of the
south line of township thirty-nine (39) north, range fom-teen
(14) east of the third principal meridian, shall be known and
denominated as the Seventh Ward of said city.
Eighth Waed. — All that portion of said city lying and
being west of a line running north and south through the
center of" Dyer avenue, and south of the South Branch of
the Chicago river and Illinois and Michigan canal, and
east of the west line and north of the south line of township
thirty-nine (39) north, range fourteen (14) east of the third
principal meridian, shall be known and denominated as the
Eightli Ward of said city.
KiNTH Waed. — All that portion of said city lying and
being west of a line running north and south through the
center of Rucker street, south of a line running cast and
west through the center of Twelfth street, east of the west
line of township thirty-nine (39) north, range fourteen (14)
east of the third principal meridian, and north of the Illinois
and Michigan canal and the South Branch of the Chicago
river, shall be known and denominated as the Ninth Ward
of said city.
Tenth Waed. — All that portion of said city lying and
being east of a line running north and south through the
CITIES. 141
center of Eucker street, and south of a line running east
and west through the center of Twelfth street, and north
and west of the South Branch of the Chicago river, shall be
known and denominated as the Tenth ward of said city.
Eleventh Wakd.— All that portion of said city lying and
being north of a line running east and west through the
center of Twelfth street, east of a line running north and
south through the center of Morgan street, south of a line
running east and west through the center of Harrison street
or Hamilton avenue, and West of the South Branch of the
Chicago river, shall be known and denominated as the
Eleventh Ward of said city.
Twelfth Wakd.— All that portion of said city lying and
being south of a line running east and west through the
center of Harrison street or Hamilton avenue, west of a line
running north and south through the center of Morgan
street, north of a line running east and west through the
center of Twelfth street, and east of the west line of' town-
ship thirty-nine (39) north, range fourteen (14) east of the
third principal meridian, shall be known and denominated
as the Twelfth Ward of said city.
Thirteenth Ward. — All that portion of said city lying
and being south of a line running east and west through the
center of Madison street, west of a line running north and
south through the center of Morgan street, north of a line
running east and west through the center of Harrison street
or Hamilton avenue, and east of the west line of township
thirty-nine (39) north, range fourteen (14) east of the third
principal meridian, shall be known and denominated as the
Thirteenth Ward of said city.
Fourteenth Ward.— All that portion of said city lying
and being south of a line running east and west through
the center of Madison street, east of a line running north
and south through the center of Morgan street, north of a
line running east and west through the center of Harrison
street or Hamilton avenue, and west of the South Branch of
the Chicago river, shall be known and denominated as the
Fourteenth Ward of said city.
Fifteenth Ward. — All that portion of said city lying and
being south of a line running east and west through the
center of Kinzie street, east of a line running north and
south through the center of Morgan street, north of a line
running east and west througli the center of Madison street,
and west of the north and "south branches of the Chicago
river, shall be known and denominated as the Fifteenth
Ward of said city.
Sixteenth Ward. — All that portion of said city lying and
being south of a line running east and west througli the
center of Kinzie street, west of a line running north and
south through the center of Morgan street, north of a line
running east and west through the center of Madison street,
142 CITIES.
east of the west line of township thirty-nine (39) north,
range fourteen (14) east of the third principal meridian,
shall be known and denominated as the Sixteenth Ward of
said city.
Seventeenth "Wakd. — All that portion of said city, begin-
ning at the point of intersection of a line running east and
west through the center of Kinzie street, and the west line
of township thirty-nine (39) north, range fourteen (14) east
of the third principal meridian, thence north on said town-
ship line to the intersection of the same with the North
Branch of the Chicago river, thence south and east on the
course of said river to the intersection of the same with a
line running east and west through the center of Division
street, thence west on said last mentioned line to a line run-
ning north and south through the center of i^oble street,
thence south on said last mentioned line to the intersection
of the same with a line running east and west through the
center of Kinzie street, thence west on said last mentioned
line to the place of beginning, shall be known and denomi-
nated as the Seventeenth Ward of said city.
Eighteenth Ward. — All that portion of said city lying
and being; south of a line running east and west throuo;h the
cD O o
center of Division street, north of a line running east and
west through the center of Kinzie street, east of a line run-
ning north and south through the center of Noble street,
/ and west and south of the North Branch of the Chicago
river, and shall be known and denominated as the Eighteenth
Ward of said city.
Nineteenth Ward. — All that portion of said city lying
and being south a line running east and west through the
center of Division street, west of a line running north and
south through the center of Franklin street, north of the
Chicago river and east and north of the ISortli Branch of
tlie Chicago river, shall be known and denominated as the
Nineteenth Ward of said city.
Twentieth Wakd. — All that portion of said city lying
and being south of a line running east and west through the
center of Division street, east of a line running nortli and
south through the center of Franklin street, north of the
Chicago river and west of a line running nortli and south
through the center of Dearborn street, shall be known and
denominated as the Twentieth Ward of said city.
Twenty-First Ward. — All that portion of said city lying
and being south of a line running east and west through
the center of Division street, east of a line running north
and south through the center of Dearborn street, and north
of the Chicago river, shall be known and denominated as
the Twenty-First Ward of said city.
Twenty-Second Ward. — All that portion of said city ly-
ing and being north of a line running east and west through
the center of Division street, and north and east of a line
CITIES. 143
running tlirougli the center of Clajbourn avenue, to tlie in-
tersection of the same with a line running north and south
through the center of Larrabee street, and east of said Last
mentioned hne, shall be known and denominated as the
Twenty-Second Ward of said city.
Twentt-Thikd Ward.— All that portion of said city ly-
ing and being north of a line running east and west through
tlie center of Division street, and south and west of a line
running through the center of Claybourn avenue from Di-
vision street to the intersection of the same with a line run-
ning north and south through the center of Larrabee street,
and west of said last mentioned line and east of the Xorth
Branch of the Chicago river, shall be known and denomina-
ted as the twenty-Third Ward of said city.
§ 70. An election shall be held in each ward of the city Aidermco.
of Chicago, at each regular city election, for one alderman
to represent each ward in the common council.
§ 71. The aldermen, when so elected, shall form the com-
mon council of the city of Chicago ; and they shall, from
tlieir number, at the first meeting after each election, elect
a president, who shall preside at the meetings of the com-
mon council, and shall act as mayor of the city of Chicago,
whenever the mayor of said city shall be disabled from ac-
ting, either by sickness or other casualty, or shall be absent
from the city ; and they shall, at the same time, elect a clerk
for their body, who shall be the clerk of the city of Chicago,
and shall perform the duties now performed by the clerk of
said city, under and in pursuance of the laws to which this
is an amendment.
OFFICEES THEIR ELECTION AND APPOINTMENT.
§ 72. The municipal government of the city shall con- cuy officerB.
sist of the mayor, and a common council, composed of one
alderman from each ward ; the other officers of the corpora-
tion shall be as follows : a clerk, an attorney, a treasurer, a
controller, a board of education, a board of health, one
cliief and a first and second assistant engineers of the fire de-
partment, a collector and one or more assistant collectors, a
surveyor, one or more assessors, one or more harbor mas-
ters, one or more health officers, one or more market clerks,
three inspectors of election for each ward, three commis-
sioners of the board of public works, and as many firemen,
fire wardens, constables, policemen, watchmen, sealers of
weights and measures, inspector of measures, weighers,
gangers, sextons or keepers of burial grounds, keepers and
assistants of almshouses, public buildings, hospitals, and
bridewell or houses of correction, bellmen, common criers,
scavengers, a clerk of the police court, and such other offi-
cers and agents as the common council may, from time to
time, direct and appoint.
144
CITIES.
City elections.
ofEoers.
Term of office
Qualiflcation
voters.
Fire department.
Police court faes.
§ 72-1. An election shall be held biennially in each of the
wards of said city on the third Tuesday of April, at such
place or places as the common council may appoint, and of
which six days' previous public notice shall be given in writ-
ten or printed notices, in three public places in each ward,
by the city clerk, the first election to be held in the year a.
D. 1861.
§ 73. At the first annual election after the passage of
this act, there shall be elected by the qualified voters of
said city, a mayor, treasurer, collector, surveyor and chief
and assistant engineers, and a clerk of the police court ; and
the person having the highest number of votes in the whole
city, for either of such offices, shall be declared elected. At
tlie same time, the electors, in their respective wards, shall
elect one alderman, and the person receiving the highest
number of votes cast in the ward for such office shall be
declared elected.
^ 74. The mayor, collector, treasurer, surveyor, chief
and assistant engineers, clerk of the police court and alder-
men, elected under this act, shall respectively hold their
offices for the term of two years, and until the election and
qualification of their successors respectively ; and they shall
enter upon the performance of the duties of their respective
offices on the first Monday in May succeeding their elec-
tion, or as soon thereafter as may be.
§ 75. Hereafter no person shall be permitted to vote at
any municipal election, unless he shall have been an actual
resident of the ward in which he offers his vote, for tliirty
days (Instead of ten days as is now provided by law,) im-
me.liately preceding such election.
§ 76. The city of Chicago shall charge and receive the
sum of fifty dollars for a yearl}' license for the sale of spir-
ituous, vinous and fermented liquors, and no more.
§ 77. The fire engines, horses, apparatus, and all things
else belonging to the fire department of said city, shall be
exempt from sale or seizure under execution or attachment
§ 78. No person shall fire or discharge, within the city
limits, any cannon, gun, fowling piece, pistol or fire-arms ot
an}^ description, or fire, explode or set off any squib, rocket,
ci'acker, or other thing containing powder or other combus-
tible or explosive material, without permission from the
mayor or common council. Nor shall any permission be
given for the firing of any heavy ordinance, except on the
north pier of the Chicago river, at least three hundred feet ■
east of the most eastern warehouse or manufactory thereon.
§ 79. The police court clerk shall pay over to the city
treasurer, as often as once in each week, all constables', wit-
nesses' and other fees and moneys that may come into his
hands as such clerk, from any source or any purpose what-
ever ; and at the close of each day's session of the court he
shall report to the controller the names of all persons tried,
CITIES. 145
and the amount of all fines and tlie number of days sen-
tenced to bridwell, and also of the names of all persons
taken as sureties in any case, and also what cases are ap-
jDcaled, and to what court. And in his weekly report he
shall certify to the controller the names of all persons en-
titled to witness fees, and the amount due to each one.
And the controller shall draw his warrant on the treasurer
to parties entitled to such fees : Provided., they demand the
same within one week from the filing of the clerk's report ;
but after the expiration of the week, if no demand has been
made, no fees shall be paid over, and no witness shall have
any claim upon the city or any person for the same. The
penalties for not complying with the provisions of this
amendment shall be immediate removal from ofiice, as
already provided by the act to which this is an amendment.
§ 80. The common council shall have power to pass an Licenses.
ordinance regulating, by license or otherwise, all junk shops,
or places for the sale or j^urchase of second hand goods,
wares, merchandise or any other thing whatever, and also
the sale of the various kinds of bitters, cordials and other
drinks, which may be used to evade the license laws now
in force.
§ 81. The bonds of all officers who may be elected by official bontis.
the people, or appointed by the mayor, or mayor and com-
mon council, shall be filed with the city clerk, and shall be
'recorded in a book kept for that purpose.
§ 82. "When the said city appeals from any court in this
state to a higher court said city shall not be required to file
or give an appeal bond.
§ 83. The common council shall have power to pass an An-est of va
ordinance authorizing the arrest, fine and imprisonment in ^''''°*^'
the city bridewell, as vagrants, all persons who, not having
visible means to maintain themselves, are without employ-
ment, idly loitering or rambling about, loitering or sleeping
in public parks, or staying in groceries, drinking saloons,
out houses, houses of ill fame, houses of bad repute, gamb-
ling houses, vessels, sheds or barns, in the open air, railroad
depots, fire engine houses, or who shall be found trespassing
in'- the night time upon the private premises of others, or beg-
ging, or placing themselves in the streets or other thorough-
fares, or in public places, to beg or receive alms ; also keep-
ers or exhibitors of any gaming table, gambling , houses,
house for fortune telling, places 'for cock fighting, or other
places of device ; and all persons who go about for the pur-
pose of gaming or watch stufiing, or who profess to be police
men, wi'thout authority, and all persons upon whom shall be
found any instrument for the commission of burglary, lar-
ceny, picking locks or pockets, or shall give their countenance
to the idea they are policemen when they are not, or shall
have in his possession any article or thing used for obtain-
ing money under false pretenses, or who shall disturb any
—13
146 CITIES.
place where public or private schools are held, either on
week day or Sabbath, or places where religious worship is
held.
Reform school | 84, ]V[o member of the board of guardians of the re-
form school, or of the board of education, shall receive any
compensation for any services he may perform, nor shall he
be interested in any article purchased or work done for the
school or schools, nor shall he be interested in any contract,
loan, nor any thing else whereby he may receive any com-
mission, interest, or other profits from the fund appropriated
to the reform school or public schools, under the penalty
of having his ofiice immediately declared vacant by the
common council. Nor shall the school agent receive any
pay or commission from the school fund ; and in case he
shall pay the teachers in any other kind of funds than that
which he received from the school commissioner he shall
credit the full sum to the school fund ; and the controller
shall be, ex officio^ school agent.
Eligibility to of- § 85. No aldcrmau or other city officer shall be. taken
fi<=^- as surety upon any bond, note or other obligation to the
city. No person whilst indebted to the city shall be eligible
to any office under the charter.
§ 86. In all cases where land is taken for any public
improvement, before the damages (if any) awarded for the
taking of the same shall be paid over to the owner of the
same, the owner shall furnish an abstract of title and exe-
cute to the city a quit claim deed of so much as is taken and
condemned for such public improvement. If in any case
there shall be any doubt as to who is entitled to the dama-
ges for land taken in the opening or extension of a street
the city may require of the party claiming the damages
a bond, with good and sufficient securities, to be executed
to the said city, to hold said city harmless from all costs
and expenses in case any other person should claim said
damages.
Firemen's benev- 8 87. Scctious six, scveu, eight and nine of an act ap-
proved 21st June, 1852, and entitled "An act to mcoi-porate
the Firemen's Benevolent Association, and for other pur-
poses," and all other acts and parts of acts, so far as they
require any individual association or corporation, or any
agent thereof, to pay any money to said Firemen's Benevo-
lent Association, upon their business profits or premiums,
or for any other purpose, are hereby repealed. And there
shall be paid to the collector of the city of Chicago, by every
person who shall act in the city of Chicago as agent for or
on behalf of any individual, corporation or association of
individuals, not incorporated by the laws of this state, to
effect insurance against loss or Injury by fire in the city of
Chicago, although such individual, corporation or associa-
tion may be incorporated for that purpose by another state
or country, the sum of two dollars upon the hundred dol-
olent association
CITIES.
147
krs, and at that rate, upon the amount of all premiums
wliich during the year, or part of year, ending on the next
preceding first day of December, shall have been received
by such agent or person, or received by any other person
for him, or shall have been agreed to be paid, for any insur-
ance effected, or agreed to be effected, or promised "by him
as such agent or otherwise, against loss or injury by tire in
the city of Chicago. No person shall, in the city of Chica-
go, as agent or otherwise, for any individual, corporation
or association, effect or agree to effect any insurance upon
which the duty before mentioned is required to be paid, or
as agent or otherwise, procure such insurance to be effected,
until he shall have executed and deHvered to the city of
Chicago a bond, in the penal sum of one thousand dollars,
with such sureties as the mayor and controller shall ap-
prove, with a condition that he will annually render to said
city, on the first day of January in each and every year, a
just and true account, verified by his oath, that the same is
just and true, of all premiums which during the year ending
on the first day of December preceding such report, shall
have been received by him, or by any other person for him,
or agreed to be paid for any insurance against loss or injury
by fire in the city of Chicago, which shall have been effect-
ed from any individual or individuals, or association, not in-
corporated by the laws of this state, as aforesaid, and that
he will annually, on the first day of January in each year,
pay to the said treasurer the sum of two dollars upon every
hundred dollars, and at that rate, upon the amount of such
premiums. Every person who shall effect, agree to effect,
promise or procure any insurance specified in'this act, with-
out having executed and delivered the bond required by the
preceding section, shall, for each offense, forfeit the sum of
one thousand dollars, which shall be collected in the name
and for the use of the city of Chicago. It shall be the duty Duty of the chief
of the chief engineer, and of the assistant engineers, to seek ^sineer.
out and to notify all individuals, corporations or associations
embraced withm the provisions of this act, w^ho shall attempt
to carry on the insurance business in this city, of their obh-
gations to pay the sum herein provided for to the city trea-
surer, and they shall also notify the controller of all such
individuals, corporations or associations ; and upon all mo-
neys received from this fund, the controller shall pay the
chief engineer not to exceed five per cent., and each assist-
ant not to exceed one per cent., in the discretion of the coun-
cil. The common council shall have power, in its discretion,
to appoint a fire marshal, and to appropriate out of the pro-
ceeds of this fund, not to exceed seven hundred and fifty
dollars each year, for the discharge of the duties (which it
may define) of that ofiice, in order that as soon as any fire
has broken out its causes, in every instance, may be report-
ed to the controller and kept on file in his office, and also
148 CITIES.
that all violations of the fire ordiuanco maj be the more ex-
peditiously brought to the notice of the proper authorities.
§ 88. The city of Chicago may, by ordinance, regulate
the sale of bread within the corporate limits of said city, and
may prescribe the weight of bread in the loaf, and the qual-
ity of the same.
Places of voting, g §9. All general and special elections, hereafter to be
held in the towns of north, south and west Chicago, in Cook
county, shall be held in the resj)ective wards in said towns,
at such places as the common council may from time to
time establish and appoint.
§ 90. So much of all such ^^arts of the acts to which this
is an amendment, and of the several acts amendatory there-
of, or in any manner affecting the same, which are inconsis-
tent with tills act, are hereby repealed.
Lamp tax. § 91, The couimou council shall have the power to
hereafter change the method of levying and collecting the
lamp tax in said city, and to apportion the amount different-
ly between city and the taxable property therein, and to
collect it in and make it a part of the general tax warrant,
the same as other authorized taxes. Also to define the
manner in which the expenses of erecting lamp posts shall
be apportioned and collected.
§ 92. This act shall take eftect and be in force from and
after its passage.
Approved February 18, 1861.
In force Februajy ^fj j^Qrjy ^^ amend an act entitled "An act to define, confirm and legalize the
" ' ■ acts of a fish inspector of the city of Chicago," approved February 18th,
1857.
Section 1. £e it enacted hy the Peo'ple of the, State of
Illinois,, represented in the General Assembly, That no fresh
water fish, which shall be brought into this state, and which
have been inspected in Milwaukee, in the state of Wiscon-
sin, or Macinac, in the state of Michigan, and marked with
the inspector's brand u])on the packages, shall be required
to be inspected under the provisions of said act. Any pro-
vision in the first and second section of said act, contrary to
the provisions of this act, are hereby repealed.
This act is to take effect from its passage.
. Approved February 20, 1861.
CITIES. 149
AX ACT to amend an act, approved Fcbruarj' 20th, a. d. 1857, entitled "An In force February
act to amend the act entitled 'an act to reduce the law incorporating the '-^' '*''^-
city of Chicago and the several acts amendatory thereof into one act and to
amend the same,' " approved February l-4th, 1851.
Sectioi^ 1. JSe it enacted ty the People of the State of
Illinois^ represented in the General AsseniUy^ Each and all
of the police magistrates and justices of the peace and the
clerk of the police court, within and for the city of Chicago,
are hereby authorized and empowered to amend all records Amendment of
by them- or either of them made, in all cases where males, '''■'*^'"''*^-
within the ages prescribed by law, have been brought before
them charged with an offense punishable by commitment to
the reform school, and when such person or persons have
been there committed. And all such orders, records and
minutes of each police magistrate, iustice of the peace or commitment to
clerk are hereby declared to be good, sufficient, valid and
binding in law, and sufficient to warrant the commitment :
Provided, sufficient appear in the order, minute or records
that it was the opinion and order of such court that such
person should be committed to the reform scliool.
§ 2. Certified copies of all such orders or records shall
be the only proper evidence in all courts where the existence
or sufficiency of such records are called in question, whether
original or amended.
§ 3. In all cases where the legality of any commitment
to the reform school is called in qu'estion, such commitment
shall be deemed legal and valid : Provided, the warrant of
commitment shall, upon its face, show a legal cause of com-
mitment ; and in all cases, whether upon habeas corpus or
otherwise, the court before which such cause is pending
shall only examine into the sufficiency of the warrant.
§ 4. In all applications for hcd)eas corpus, to take from Application for
the control of the guardians, superintendent or other officer ii-'i^eas corpus.
of said reform school any male, within the ages prescribed
by law, such person, or some one on his behalf, shall first
pay to the court or judge to which application is made the
legal costs of such aplication.
§ 5. It shall be the duty of the mayor of the city of Reform _ school
Chicago, each year, on the application of the board of guar-
dians of said reform school, to appoint some proper and
discreet person, to be named by said guardians, as commis-
sioner, before whom all males, within the ages prescribed
by law, shall be sent, before any police magistrate or justice
of the peace shall sentence or order such male to be com-
mitted to the reform school. Such commissioner shall keep
a true and perfect record of his doings in relation to all per-
sons brought before him, and shall retain the same during
his term of office, and at the expiration thereof shall deliver
the same, with all preceding records, to his successor ; and
shall be paid such sum from the reform school fund as the
board of guardians shall, from time to time, .direct, and
commissioners.
150 0ITIE8.
which shall not, in the aggregate, amount to more than the
sum of litteen hundred dollars in any one year.
vagraats. § 6. Whenever any police magistrate or justice of the
peace, within the city of Chicago, shall have brought before
him any male, within the ages of six and seventeen years of
age, which he has reason to believe is a vagrant or destitute
of p'oper parental care, wandering about the streets, or
committing mischief, or growing up in mendicancy, ignor-
ance, idleness and vice, he shall cause such person, together
with the warrant on which he is arrested, and the hst of
witnesses which may be necessary to establish the situation
and condition of such person, to be transmitted to said com-
missioner ; and thereupon it shall be the duty of such com-
missioner, before whom such person is brought, to issue a
summons or order, in writing, addressed to the father of
such person, if he be living and resident within the city,
and if not then to his mother, if she be living and so resi-
dent, and if not then addressed to his lawful guardian, if
any there be resident within said city, or if not, to the person
with whom such boy, according to the examination and
testimony, if any, received by such commissioner, the said
boy shall reside ; and if there be no person with whom he
statedly resides the commissioner may, at his discretion,
appoint some suitable person to act in his behalf, requiring
him or her, as the case may be, to appear before him, at
such time and place as he shall in said summons or order
appoint, and to show cause, if any there be, why the said
boy shall not be committed to the reform school ; and upon
the appearance before him of the party named in said sum-
mons or order, or, if after due service had of the summons
or order aforesaid, there shall be no such appearance, the
said commissioner shall, upon the expiration of the time
named in said summons or order for said appearance, pro-
ceed to examine said boy and the party appearing in answer
to said summons or order, if any such there be, and to take
such testimony in relation to the case as may be produced
M«nner of com- beforc him t aud, in case it shall be proved, to the satisfac-
initine to reform . ,. i • • ^ i • /• i
school. tion ot the commissioner, by such examination or by com-
petent testimony, that the said boy is a suitable subject for
the reform school, and that his moral welfare and the good
of society require that he should be sent to said school, for
instruction, employment and reformation, he shall so decide,
and shall thereupon certify his said opinion and decision to
said magistrate or justice of the peace, as near as may be in
the following words :
" To A. B., a Justice of tlie Peace :
" I hereby certify that has been examined by me, and,
upon competent evidence, proved to be a suitable subject for commitment to
the reform school.
" C. D., Commissioner."
CITIES. 151
And the finding said fact by said commissioner, and his
decision thereon, shall not thereafter, in any case, be revised
by any tribunal or court. And thereupon said magistrate
or justice of the peace shall commit such person "to the
reform school, and such commitment shall be by warrant,
in substance as follows :
" To any sheriff, constable or police officer, within the city of Chicago :
" You are hereby commanded to take charge of , a boy
above the age of six and under the age of seventeen years, who has been found,
by competejit evidence, to be a suitable subject for commitment to the reform justice's warrant
school within this city, and a proper object for its care, discipline and instruc-
tion, and to deliver said boy, with this warrant, without delay, to the superin-
tendent or other officer in charge of said school at the place where the same
is established. And for so doing this shall be your sufficient warrant.
"Dated in the city of Chicago, in the county of Cook, this day of
, A. D. 18 .
" ,/. P."
But no variance from the preceding form shall be deemed
material, provided it sufficiently appear, upon the face of
the warrant, that the said boy is committed in the exercise
of the powers given by this act or the one to which it is an
amendment. And in case said commissioner shall be of
opinion and shall decide that such boy is not a proper sub-
ject for commitment to the reform school, he shall order
such boy, with the warrant, &c., to be transmitted back to
such police magistrate or justice of the peace, who shall
thereupon deal with him in the same manner he would have
done had he not been transmitted to or examined by said
commissioner ; and said commissioner shall, in the perform-
ance of his duties under and by virtue of this act, be clothed
with all the powers justices of the peace are, to compel the
attendance of witnesses and all other persons whose attend-
ance and presence may be necessary to enable him to fully
investigate the situation of all persons who may be brought
before him; and the j)olice officers and constables of said
city shall be subject to his direction, and shall serve, when
called upon for that purpose, any summons, order or war-
rant he may be directed, and shall receive for such service
the same compensation he is allowed for serving criminal
process in justices' courts.
§ 7. The board of guardians of said reform school are Roform school for
hereby authorized and empowered, in their discretion, *^'""'^'
to establish a branch reform school, for girls under tlie age
of sixteen and over the age of six years ; and, for that pur-
pose, to purchase such lands and erect such buildings as in
their judgment are required ; and such girls may, for the
same causes, and by the same courts, and in the same man-
ner be sentenced and committed to said branch reform school
that boys may be to the reform school ; and all ordinances
of said city and statutes of this state, relative to the power,
management and control of said reform school, by the board
of guardians, are hereby made appHcable to said branch
152 CITIES.
reform school ; and the same powers are delegated to and
vested in them, in relation to the same ; and all ordinances
and statutes regulating; the powers and duties of police
magistrates, justices of the peace and other courts, and of the
commissioner, shall, in all respects, be made applicable to
girls under the age of sixteen years and over the age of six
years, where they are found to be vagrant or destitute of
proper parental care, wandering about the streets, commit-
ting mischief, or leading a vicious life, or are found in the
streets, highways or public places, in circumstances of want,
or sufl'ering, or neglect, or exposure.
§ 8. Neither this act nor the one to which it is an amend-
ment shall be affected by the repeal or amendment of the
act incorporating the city of Chicago, unless there is some
clause expressly repealing or amending the same.
§ 9. This act shall be deemed a public act and shall take
effect from its passage.
Approved February 22, 1861.
In force FeViruary AN ACT to amend "An act to incorporate a company for the improvement,
'22, 1S61. jjy Canals and Harbors, of the east part of Kinzie's addition to the City of
Chicago," approved February 12th, 1857.
Section 1. Be it enacted hy the People of the State of
Jllinois^ represented in the General Assemhly, That the
Chicago dock and Cliicago Dock aiid Canal Company may make, have and
canal company. ^^^^ ^ common scal, aud the same to alter and renew at
pleasure.
§ 2. The seventh (Ytli) section of the act incorporating
said company is hereby amended, by striking out the words
"in case of public highways," at the end of said section, and
adding, instead thereof, the following words, viz : "In an act
to amend the laws condemning right of way for purposes of
internal improvements, approved June 22, 1852, and the
amendments thereto ; and the final decision or award shall
vest in the said Chicago Dock and Canal Company all the
rights, franchises and immunities in said act contemplated
and provided."
Krcciion nf i,uiid- § 3. Thc Said compauy may erect buildings and machine-
it'b's, Jtc. j,y^ j^i^^l otherwise improve and use their said property, in
such manner and to such an extent as the directors of said
company may deem necessary or advisable for the best in-
terests of said company.
norrowingofmo- g 4. The Said company, to aid them in executing the
"'^^" provisions of their charter, shall have power to borrow mo-
ney, from time to time, on the credit of the company, paya-
ble at such time or times, place or places, as they may deem
CITIES. 153
proper, at any rate of interest, not exceeding ten per cent,
per annum, payable annually or semi-annually ; and may
execute a bond or bonds therefor, with or without interest
coupons thereto annexed, and may secure the payment of
the same by a mortgage or mortgages, or by a deed or deeds
of trust on the- whole or any part of the lands, lots, canals,
basins, property or income of the company, then existinf^ or
thereafter to be acquired.
§ 5. The board of directors of said company may, from saie of lands,
time to time, in their discretion, sell all or any part of their
lands, lots, canals, basins and other property, and may con-
vey the same by deed or deeds, to be executed by their
president and secretary, under the seal of said company, for
such consideration as the said board may deem proper.
§ 6. If the annual meeting of the stockholders for the A°»"ai meeting,
election of the officers of said compan}^ shall not be held ac-
cording to the provisions of the second section of the act of
incorporation the said corporation shall not thereby be dis-
solved, but the officers of said company shall continue in
office until a new election, which shall be held at such time
and place as the said officers shall, by not less than twenty
days' published notice, prescribe ; and it ma}^ be lawful for
the meetings of stockholders, officers or directors of said
company, to be held within or without this state, at such
time and place as they may, from time to time, order and
determine upon.
Approved February 22, 1861.
AN ACT to charter of the Citv of ChampaigQ. In force Februarj
21,1861.
ARTICLE 1.
BOUNDARIES, GENERAL POWERS AND FORMATION OF WARDS.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly, That the in-
habitants in the city of Champaign, in the county of Cham-
paign, an& state ot Illinois, be and they are here constitu-
ted a body politic and corporate, by the name and #tyle of
"The City of Champaign ;" and by that name shall have corporate name
perpetual succession, and may have and use a common seal, ^"^^rs. ^^°'''*^
which they may change and alter at pleasure.
§ 2. The boundaries of said city shall include ^ithin city limit*.
their limits all within the following boundaries: Com-
mencing at the center of section number eighteen, (18,)
township number nineteen north, of range No. nine (9)
east, in Champaign county, state of Illinois, and running
thence, due north, to the center of section number seven,
—14
154 CITIES.
(7,) same township and range, aforesaid ; thence, west, to
the center of section number twelve, (12,) township number
nineteen (19) north, range number eight (8) east, aforesaid ;
thence, south, to the center of section number thirteen, (13,)
same township and range, last aforesaid ; thence, east, to the
place of beginning. Said boundaries shall also include
within tlieir Kmits all the tracts of land outside of and ad-
joining the above described boundaries, which have been
laid off into town lots and recorded according to law.
©8t lots. § 3. Whenever any tract of land, adjoining the city of
Champaign, shall be laid off into town lots, and recorded
according to law, the same shall be annexed to and form a
part of the city of Champaign.
General covpo- § ^- The inhabitants of said city, by the name and style
rate powers, aforesaid, shall have power to sue and l3e sued, to plead and
be impleaded, to defend and be defended, in all courts of
law and equity, and in all actions whatsoever ; to purchase,
receive and hold property, real and personal, in said city,
and to purchase, receive and hold property, real, beyond the
limits of said city, for burial grounds, for the use of the in-
habitants of said city ; and to sell, lease, convey and im-
prove property, real and personal, for the benefit of said
city ; and to do all other things, in relation thereto, as nat-
ural persons.
^aidsof thecity. § 5. The city of Champaign shall be divided into four
wards, the boundaries of which shall be fixed by the city
council, and, shall be, by the city council, changed, from time
to time, as they shall see fit, having regard to the number
of free white male inhabitants. The city council may cre-
ate additional wards, as occasion may require, and fix the
boundaries thereof.
ARTICLE II.
OFFICERS, THEIR ELECTION AND APPOINTMENT.
City council and § 1- The municipal government of the city shall consist
city officers. Qf g^ q[j^j couucil, to be composcd of the mayor and one al-
derman from each ward. The other officers of the corpora-
tion shall be as follows : A city clerk, a city marshal, a city
treasurer, a city attorney, a city assessor and collector, a
city surveyor and engineer, and a city snpervisdi', who, in
addition to the duties prescribed by this act shall perform
such other duties as may be prescribed by ordinance.
There shall also be such other officers, servants and agents
of the corporation as may be provided by ordinance, to be
appointed by the city council, and to perform such duties as
may be prescribed by ordinance.
Term of office. § 2- -^^^ officers elcctcd or appointed under this act, ex-
cept aldermen, shall hold their offices for one year and until
the election or appointment and qualification of their suc-
cessors, respectively. All other officers mentioned in this
CITIES. 156
act, and not otherwise specially provided for, shall be ap-
pointed by the city council, by ballot, on the second Mon-
day of April in each year, or as soon thereafter as may be ;
but the city council may specially authorize the appointment
of watchmen and policemen by the maj^or, to continue in
office during the pleasure ot the city council : Provided, the
mayor or marshal may be authorized to remove them from
office, for good cause. All officers elected or appointed to
fill vacancies shall hold for the unexpired term, only, and
until the election or appointment and qualification of their
successors.
§ -S. The several wards of the city shall be represented Aid«rmen.
in the city council by one alderman from each ward who
shall be bona fide residents thereof, and hold their offices
for two years, from and after their election, and until the
election and qualification of their successors. At the first
meeting of the city council after the annual election in
April next, the aldermen shall be divided, by lot, into two
classes, consisting of one alderman from each ward. The
seats of those of the first class shall be vacated at the expi-
ration of the first year and of the second class at the expira-
tion of the second year, so that one-half of the board shall
be elected annually : Provided, that the present aldermen
of the city, whose term of office do not expire at that time,
shall be placed in the first class, and no election shall be
held to supply their places.
§ 4. If, from any cause, there shall not be a quorum of vacancies of ai-
aldermen, the clerk shall aj^point the time and place of hold- '^^™^°-
ing a special election to supply such vacancies and to appoint
judges thereof, if necessary. If any alderman shall remove
from the ward represented by him his office shall thereby
become vacant. If, from any cause, the officers herein
named shall not be appointed on the second Monday of
April, in each year, the city council may adjourn, from time
to time, until such appointments are made. If there should
be a failure by the people to elect any officers herein re-
quired to be elected, the city council may forthwith order a
new election.
§ 5. Any officer, elected or appointed to any office, may Removals from
be removed from such office by a vote of three-fourths of
the aldermen authorized by law to be elected ; but no officer
shall be removed, except for good cause, nor unless first
furnished with the charges against him, and heard in his
defense. And the city council shall have power to compel
the attendance of witnessess and the production of papers,
when necessary for the purpose of such trial, and shall pro-
ceed, within ten days, to hear and determine upon the mer-
its of the case ; and if such officer shall neglect to appear
afid answer such charge, then the city council may declare
the office vacated: Provided, this section shall not be
deemed to apply to any officer appointed by the city coun-
156
CITIES.
Qualification
voters.
cil. Such officer may be removed, at any time, by a vote of
three-fonrtlis, as aforesaid, in their discretion ; but any offi-
cer may be suspended until the disposition of the charges,
when preferred.
Vacancies filled § 6. Whenever any vacancy shall occur in the office of
appoinfment?"*^ mayor Or alderman such vacancy shall be filled by a new
election ; and the city council shall order such special elec-
tion, within ten days after the happening of such vacancy.
Any vacancy, occurring in any other office, may be filled by
appointment of the city council; but no special election
shall be held to fill vacancies if more than nine months of
the time has expired.
§ 7. All citizens of the United States, qualified to vote
at any election held under this act, shall be qualified to hold
any office created by this act, but no person shall be eligible to
any office under this or any other act in relation to said city
who is now or may hereafter be a defaulter to said city, or
to the state of Illinois, or to any other city or county there-
of; 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 j^ublic mo-
ney which may have come into his possession. And if any
person holding any such office or place within the city shall
become a defaulter, whilst in office, the office or place shall
thereupon become vacant.
Tie in election. § 8. Wlicu two or morc Candidates for any elective office
shall have an equal number of votes for such office the elec-
tion shall be determined by the casting of lots, in the pres-
ence of the city council.
ARTICLE III.
ELECTIONS.
Annual elections.
Manner of hold-
ing elections.
§ 1. A general election of all the officers of the corpora-
tion, required to be elected by this act or any ordinance of
the city, shall be held in each of the wards of the city on
the first Monday of April, in each year, at such places as
the city council may appoint, and of which six days' pre\'ious
public notice shall be given, by written or printed notices,
in three public places in each ward, or by publication in the
newspaper publishing the ordinances of the city, by the city
clerk.
§ 2. The manner of conducting and voting at the elections
held under this act and contesting the same, the keeping the
poll lists, canvassing of the votes, and certifying the returns,
shall be the same, as nearly as may be, as is now or may here-
after be provided by law at general state elections : Provided,
the city council shall have power to regulate elections and the
appointment of the judges thereof. The voting shall be by
ballot, and the judges oi' the election shall take the same oath
CITIES. 157
and shall have the same powers and authority as the judges of
general elections. After the closing of the polls the ballots
shall be counted in the manner provided by la%v, and the
returns shall be returned, sealed, to the city clerk, within three
days after the election; and thereupon the city council shall
meet and canvass the same and declare the result of the elec-
tion. The persons having the highest number of votes for any
office shall be declared elected. It shall be the duty of the
city clerk to notify all persons elected or appointed to office
of their election or appointment; and, unless such persons
shall qualify within twenty days thereafter the office shall
become vacant.
§ 3. No person shall be entitled to vote at any election QuaUficaticms ©r
under this act who is not entitled to vote at state elections ^°**^''^'
and has not been a resident of said city at least six months
next preceding said election. He shall have been, moreover,
an actual resident of the ward in which he proposes to vote
for ten days previous to such election, and, if required by
any judge or qualified voter, shall take the following oath,
before he is permitted to vote: "I swear (or affirm) that I
am of the age of twenty-one years, that I am a citizen of
the United States, (or was a resident of this state at the time
of the adoption of the constitution,) and have been a resident
of this state one year and a resident of this city six months
immediately preceding this election, and am now and have
been for the last ten days past a resident of this ward, and
and have not voted at this election:" Provided, that the
voter shall be deemed a resident of the ward in which he is
accustomed to lodge.
§ 4. No election shall be held in any grog shop or other
place where intoxicating liquors are vended by retail.
§ 5. The persons entitled to vote at any election held
under this act, shall not be arrested in civil process, within
said city, upon the day on which said election is held. And
all persons illegally voting at any election held under this Punishment fe
act or the ordinances of the city, in pursuance thereof, shall ' "^^^ ^°""^'
be punishable according to the laws of the state.
ARTICLE IV.
POWERS AND DUTIES OF OFFICERS.
§ 1. Every person, chosen or appointed to an executive, o®"*! o^'*^-
judicial or administrative office nnder this act, shall, before
he enters upon the duties of his office, take and subscribe
the oath of office prescribed in the constitution of this state
and file the same, duly certified by the officer before whom
it was taken, with the city clerk.
§ 2. The mayor shall, before he enters upon the duties
of his office, in addition to the usual oath, swear or affirm,
"that he will devote so much of his tiir.e to the duties of his
office as an efficient and faithful discharge thereof may
158 CITIES.
require." He shall preside over the meetings of the city
council, and shall take care that the laws of this state and
the ordinances of this city are duly enforced, respected and
observed within the city, and that all other officers of the
city discharge their respective duties. He shall cause neg-
ligence and positive violation of duty to be prosecuted and
punished. He shall, from time to time, give the city council
such information and recommend such measures as he may
deem advantageous to the city.
Enfoieement of § 3. He is hereby authorized to call on any and all white
laws. male inliabitan,ts of the city or county, over the age of eigh-
teen years, to aid in the enforcing the laws of the state or
the ordinances of the city; and any person who shall not
obey such call shall forfeit to said city a fine of not less than
live dollars.
§ 4:. He shall have power, whenever he shall deem it
necessary, to require of any of the officers of the city an
exhibit of his books and papers ; and he shall have power
to execute all acts that may be required of him by this act
or any ordinance made in pursuance thereof.
Neglect, of duty. § 5. Hc sliall be liable to indictment, in the circuit court
of Champaign county, for palpable omission of duty, willful
oppression, malconduct or partiality in the discharge of the
duties of his office, and, uj)on conviction, shall be subject to
a fine not exceeding one hundred dollars ; and the court
shall have power, upon recommendation of the jury, to
add as a part of the judgment, that he be removed from
office.
§ 6. He shall receive such salary as may be fixed by
ordinance, not exceeding five hundred dollars per annum.
Mode of enacting § 7. All ordiuanccs and resolutions shall, before they
ordinances. ^^j^^ effect, bc placcd iu the office of the city clerk ; and if
the mayor approve thereof he shall sign the same; and such
as he shall not approve he shall return to the city council,
with his objections thereto. Upon the return of any ordi-
nance or resolution by the mayor the vote by which the same
was passed shall be reconsidered ; and it^ after such recon-
sideration, a majority of all the members elected to the city
council shall agree, by the ayts and noes, which shall be
entered upon the journals, to pass the same, it shall go into
effect ; and if the mayor sliall neglect to approve or object
to any such proceedings, lor a longer period than three days
after the same shall be placed in the clerk's office, as afore-
said, the same shall go into effect. He shall, ex officio, have
power to administer any oath required to be taken by this
or any law of the state, to take depositions, the acknowledg-
ment of deeds, mortgages, and all other instruments of wri-
ting, and certify the same, under the seal of the city ; which
shall be good and valid in law.
§ 8. In case of vacancy in the office of mayor or of his
being unable to perform the duties of his office, by reason
CITIES. 139
of temporary or continued absence or sickness, tlie city
council shall appoint one of its members, by ballot, to pre-
side over its meetings, whose official designation shall be
"Acting Mayor;" and the alderman so appointed shall be Acting mayor,
vested with all the powers, and perform all the duties of
mayor, until the mayor shall resume his office or the ^-acancy
shall be filled by a new election.
§ 9. The members of the city council shall be, ex oflcio^
tire wardens, and conservators of the peace, within the citj^,
and shall be exempt from jury duty and street labor or the
payment of street taxes, during their term of office.
§ 10. The clerk shall keep the corporate seal and all °»''«? ^^ «''5^
papers and books belonging to the city. He shall attend all
meetings of the city council, and keep a full record of their
proceedings on the journals; and copies of all papers, duly
tiled in his office, and transcripts of the journals of the pro-
ceedings of the city 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 on the treasury, and countersign the same, and
keep an accurate account thereof in a book provided for that
purpose. He shall also keep an accurate account of all
receipts and expenditures, in such manner as the city council
shall direct; and he shall have power to administer any oath
required to be taken by this act.
§ 11. It shall be the duty of the city attorney to perform
all professional services incident to his office, and, when
required, to furnish written opinions upon questions and
subjects submitted to him by the mayor or city council or its
committees : Provided^ however^ that the office of city attor-
ney and city clerk may be vested in the same person.
§ 12. The city treasurer shall receive all moneys belong- Duties of city
ing to the city, and shall keep an accurate account of all '■^*^'■'^'■•
receipts and expenditures, in such manner as the city council
shall direct. All moneys shall be drawn from the treasury
in pursuance of an order of the city council, by a treasury
warrant, signed by the mayor or the presiding officer of the
city council, and countersigned by the city clerk. Such
warrant shall specify for what purpose the amount therein
named is to be paid. The treasurer shall exhibit to the city
council, at least twenty days before the annual election of
each year, and oftener,if required, a full and detailed account
of all receipts and expenditures, since the date of the last
annual report, and also the state of the treasury; which
account shall be filed in the office of the clerk.
§ 13. The city marshal shall perform such duties as shall
be prescribed by the city council for the preservation of the
public peace, the collection of license moneys, fines or other-
wise. He shall possess the powers and authority of a con-
e-table at common law and under the statutes of this state,
and receive like fees, but shall not serve civil process without
160
CITIES.
Assessor and col-
lector.
first entering into bond, as such constable, to be approved
by the county court, as in other cases. He shall execute
and return all process issued by any proper officer, under
this act or any ordinance in pursuance thereof.
City en^neer. § 14. The city engineer or surveyor shall have the sole
power, under the direction and control of the city council,
to survey, within the city limits; and he shall be governed
by such rules and ordinances and receive such fees and
emoluments for his services as the city council shall direct
and prescribe. He shall possess the same powers, in making
plats and surveys within the city, as is given by law to county
surveyors ; and the like effect and validity shall be given to
his acts and to all plats and surveys made by him as are or
may be given by law to the acts, plats and surveys of the
county surveyor. He shall, when required, superintend the
construction of all public works ordered by the city, make
out the plans and estimates thereof, and contract for the erec-
tion of the same. He shall perform all surveying and engi-
neering ordered by the city council, and shall, under their
direction, establish the grades and boundaries of streets and
alleys; but such plans, estimates and contracts, grades and
boundaries, shall be first reported to the city council and
a]iproved by them, or they shall not be valid.
§ 15. The assessor and collector shall perform all duties,
in relation to the assessing of property, for the purpose of
levying the taxes imposed by the city council. In the per-
formance of his duties he shall have the same powers as are
or may be given by law to county or town assessors, and be
subject to the same liabilities. On completing the assess-
ment lists, and having revised and corrected the same, he
shall sign and return them to the city council. He shall
collect all taxes and assessments which may be levied by
the city council, and perform such other duties as may be
herein prescribed or ordained by the city council.
Sttpervisor. § 16. The supcrvisor shall superintend all local improve-
ments in the city, and carry into effect all orders of the city
council in relation thereto. It shall also be his duty to su-
perintend and supervise the opening of streets and alleys,
and the gi'ading, improving and repairing thereof, and the
construction and repairing of bridges, culverts and sewers ;
to order the laying, re-laying and repairing of sidewalks ; to
give notice to the owners of property adjoining such side-
walks, when required ; and upon the failure of any person
to comply with such notice, to cause the same to be laid, re-
laid or repaired, and apportion the costs thereof among the
persons or lots properly chargeable therewith, and deliver
the account thereof to the city clerk, to be laid before the
city council ; to make plans and estimates of any work or-
dered in relation to streets and alleys, bridges, culverts or
sewers ; to keep full and accurate accounts, in appropriate
books, of all appropriations made for work pertaining to
CITIES. 141
his office, and of all disbnrsemeiits thereof, specifying to
whom made and on wliat account; and he shall render
monthly accounts thereof to the city council,
§ 17. The city council shall have power, from time to
time, to require further and other duties of all officers whose
duties are herein prescribed, and prescribe the powers and
duties of all officers elected or appointed to any office under
this act, whose duties are not herein specifically mentioned,
and fix their compensation. They may also recpiire all offi-
cers, severally, before they enter upon the duties of their
respective offices, to execute a bond to the city of Cham- offie'«' ''<>"''•
paign, in such sum and with such securities as they may ap-
prove, conditioned that they shall faithfully execute the du-
ties of their respective offices, and account for and pay over,
and deliver all moneys and other property received by them;
which bond, with the approval of the city council certified
thereon by the clerk, shall be filed in his office.
§ 18. If any person, having been an officer of said city, cnstody of om-
shall not, within ten days after notification and request, de- records.
liver to his successor in office all the property, books, papers
and effects, of every description, in his possession, belonging
to said city, or appertaining to his said office, he shall for-
feit and pay, for the use of the city, fifty dollars, besides all
damages caused by his refusal or neglect so to deliver ; and
such successor may recfjver possession of the books, papers
and effects belonging to his office in the manner prescribed
by the laws of the state.
§ 19. All officers, elected or appointed under this act, commissions of
shall be commissioned by warrant, under the corporate seal,
signed by the mayor or presiding officer of the city council
and clerk.
ARTICLE V.
POWERS OF THE CITY COUNCIL AND DUTIES.
§ 1. The mayor and aldermen shall constitute the city ^[[^'"f^ijcu. ""^
council of the city. The city council shall meet at such time
and place as they shall, by resolution, direct. The mayor,
wlien present, shall preside at all meetings of the city council,
and shall have only a casting vote. In his absence any
one of the aldermen may be appointed to preside. A major-
ity of the persons elected aldermen, shall constitute a quo-
rum.
§ 2. The members of the city council shall_ receive such ^^^"^l^^^^to? dty
compensation for their services as the city council may direct : council.
Provided^ that no member of the city council shall receive
more than two dollars for each regular monthly meeting of
the city council, and not more than one dollar for every called
or special meeting of the same ; and if any member shall
be absent from any meeting of the city council he shall not
receive pay for that meeting. No member of the city coun-
162 . CITIES.
cil sliall be appointed to or be competent to hold any office,
of whicli the emohiments are paid from the city treasury, or
paid by fees directed to be paid by any act or ordinance of
the cit}^ council, or be, directly or indirectly, interested in
any contract, the expense or consideration whereof, is to be
paid under any ordinance of the city council, or be allowed
to vote in any matter in which he is directly interested per-
sonally [or] pecuniarily.
Monthly meetings § 3. Tlic citv couucil shall hokl twclvc Stated meetings,
one in each month, during the year. And the mayor or
any two aldermen may call special meetings, by notice to
each of the members of the city council, served personally,
or left at their usual places of abode. That said city of
Champaign shall not at any time issue city bonds for a great-
er amount than ten thousand dollars, without submitting the
question of issuing such bonds, to a vote of the legal voters
of said city ; which vote or election shall be held as elections
are now held under this charter, for the election of such of-
ficers of the corporation as by this act are required to be
elected by a vote of the people. If there is a majority in
favor of issuing bonds then it shall be lawful for the corpo-
ration, acting through the proper officer, to issue bonds.
Petitions and remonstrances may be presented to the city
council ; and they shall determine the rule of their own pro-
ceedings, and be the judges of th© election and qualifica-
tion of their own members, and shall have power to compel
the attendance of absent members.
Financial affairs. § 4. The city council shall lifivc the control of the finan-
ces, and of all the property, real, personal and mixed, be-
longing to the corporation ; and shall likewise have power,
within the jurisdiction of the city, by ordinance :
First: To borrow money on the credit of the city, and
issue the bonds of the city therefor ; but no sum of money
shall be borrowed at a higher rate of interest than the rate
allowed by law ; nor shall a greater sum or sums be bor-
rowed or at any time outstanding, the interest upon the ag-
gregate of which shall exceed the one-half of the city reve-
nue arising from the ordinary taxes within the city, for the
year immediately preceding ; and no bonds shall be issued
or negotiated, at more than ten per cent, below jiar value ;
and when so issued and negotiated, the interest on the same
shall not exceed eight per cent, per annum. The appropri-
ations of the city council for payment of interest, for im-
provements, and for city expenses, during any one fiscal
year, shall not exceed the amount of the whole ordinary rev-
enue of the city, for the fiscal year immediately preceding,
but the city council may apply any surplus money in the
Payment of city trcasury to the extinguishment of the city debt, or to the
debt. creation of a sinking fund for that purpose, or to the carry-
ing on of the public works of the city, or to the contingent
fund for the contingent expenses of the city.
r
CITIES. 163
Second: To appropriate money and provide for the pay-
ment of the debts and expenses of the city.
Third: To make regulations to prevent the introduction
of contagious diseases into the city, to make quarantine laws
for that purpose, and to enforce them within the city, and
■within live miles thereof.
Fourth: To make regulations to secure the general health "*""^'-
and comfort of the inhabitants ; to prevent, abate and re-
move nuisances, and punish the authors thereof, bv penalties,
lines and. imprisonment; to define and declare what shall be
deemed nuisances, and authorize and direct the sunnnary
abatement thereof.
Fifth: To provide the city with water ; to make, regulate, Supplies of water
and establish public wells, pumps and cisterns, hydrants,
and reservoirs, in the streets, within the city, or beyond the
limits thereof, for the extinguishment of fires and the con-
venience of the inhabitants, and to prevent the unnecessary
waste of water.
Sixth: To have the exclusive control and power over the
streets, alleys and highways of the city, and to abate and
remove any encroachments or obstructions thereon ; to open,
alter, abolish, widen, extend, straighten, establish, regulate,
grade, clean, or otherwise improve the same ; to put drains
and sewers therein, and prevent the incumbering thereof,
in any manner, and protect the same from any encroach-
ment or injury.
Seventh: To establish, erect, construct, regulate and keep sewers, bridges,
in repair, bridges, culverts and sewers, sidewalks and cross-
ings, and regulate the construction and use of the same, and
abate any obstructions or encroachments thereof; to estab-
lish, alter, change and straighten the channels of water
courses and natural drains, to sewer the same, or wall them
up and cover them over, and to prevent, regulate and control
the filling up, altering or changing the channels thereof by
private persons,
Eighth: To provide for lighting the streets and erecting Lighting of city.
lamp posts and lamps therein and regulate the lighting there-
of; and, from time to time, create, alter, or extend lamp dis-
tricts ; to exclusively regulate, direct and control the laying
and repairing the gas pipes and gas fixtures in the streets,
alleys and sidewalks.
Ninth: To establish and erect markets and market houses, Mai-keta and mar-
aud other public buildings of the city, and provide for the
government and regulation thereof, and their erection and
location, and to authorize their erection in the streets and
avenues of the city, and the continuation of such as are
already erected within the same.
Tenth: To provide for the inclosing, regulating and im-
provinof all public grounds and cemeteries belonging to the
city, and to direct and regulate the planting and preserving
ket houses.
1"^ CITIES.
of oniainental and shade trees [in the streets or puhhc
grounds.
_ Eleventh: To erect and estabh'sh one or more hospitals or
dispensaries, and control and regulate the same.
Obstruction of Tv)eJfth: To prevent the incumbering of the streets al-
wliks! "^^ ''^'" ^^y^' sidewalks or public grounds, with carriages, wagons,
carts, wheelbarrows, boxes, lumber, timber, firewood, posts,
awnings, signs, or any other substance or material whatever;
to compel all persons to keej) the snow, ice, dirt and other
rubbish from the sidewalks and street gutters in front of th«
premises occupied bj them.
Issuing of licenses Thirteenth: To license, tax and regulate merchants, com-
mission merchants, inn keepers, brokers, money brokers,
insurance brokers, and auctioneers; and to impose duties on
the sale of goods at auction; to Kcense tax, regulate, sup-
press and prohibit hawkers, peddlers, pawn brolcers, grocery
keepers and keepers of ordinaries, theatrical or other exhi-
bitions, shows and amusements.
Fourteenth: To license, tax, regulate and suppress hack-
men, draymen, omnibus drivers, porters, and all others pur-
suing like occupations, with or without vehicles, and pre-
scribe their compensation ; and to regulate and restrain run-
ners for stages, cars and public houses.
""ind'^'disorderiy , ..l^^^^f *^/V' ^^ ^^^®"s®' ^^^^' rcgulatc, prohibit aud suppress
houses. billiard tables, pin-alleys and ball-alleys; to suppress and
restrain disorderly houses, tippling shops and groceries,
bawdy houses, gambling and gambling houses, lott'eries and
all fraudulent devices and practices, and all playing of cards,
dice and other games of chance, with or without betting'
and to authorize the destruction of all instruments and de-
vices used for the purpose of gaming.
Sixteenth: To authorize the proper officer of the city to
grant and issue licenses, and to direct the manner of issuing
and registering thereof, and the fees and charges to be paid
therefor. No license shall be granted for niore than one
year, and not less than three dollars nor more than hve hun-
dred dollars shall be charged for any license under this act ;
and the fees for issuing the same shall not exceed one dol-
lar; but no license for the sale of wines or other liquors, ar-
dent or vinous, fermented or malt, at wholesale or retail,
by grocery keepers, inn keepers or others, shall be issued for
less than fifty dollars.
Sale of iiciuora. Seventeenth: To restrain, regulate and prohibit the selling
or giving away of any intoxicating or malt liquors, by any
person, Avithin the cit_y, except by persons duly licensed ; to
forbid and punish the selling or giving away of any intoxi-
cating or malt liquors to any minor, apprentice or servant,
without the consent of the parent, guardian, master or mis-
tress.
Marketing. Eighteenth: To prevent, restrain and punish forestalling
and regi-ating ; to regulate the inspecting and vending of
CITIES, 1<Jd
fresh meats, poultry and vegetables, of butter, lard and other
provisions, and the place and manner of selling fish and in-
specting the same.
Nineteenth: To regulate, license and prohibit butchers,
and to revoke their licenses for malconduct in the course of
trade.
Twentieth: To establish standard weights and measures, weights and
and regulate the weights and measures to be used within the '°'^'^''"*-
dty, in all cases not otherwise provided by law ; to require
all trader^ and dealers in merchandise or property, of any
description, which is sold by measure or weight, to cause
their measures and weights to be tested and sealed by the
city sealer, and to be subject to his inspection. The standard
of such weights and measures shall be conformable to those
established by law or ordinance.
Twenty-first: To regulate and provide for the inspecting Lumbeiaadshin-
and measuring of lumber, shingles, timber, posts, staves, ^'*^'
heading and all kinds of building materials, and for the
measuring of all kinds of mechanical work, and to appoint
one or more inspectors or measurers.
Tice7ity-second: To provide for the inspection and weigh-
ing of hay, lime and stone coal, and the place and manner
od' selling the same ; to regulate the measurement of fire-
wood, charcoal and other fuel, to be sold or used within the
dty, and the place and manner of selling the same.
Tvjenty -third: To regulate the inspection of beef, pork, ^^^^^"^g®" "^
flour, meal and other provisions, salt, whisky and other
liquors, to be sold in barrels, hogsheads and other vessels or
packages ; to appoint weighers, gangers and inspectors, and
prescribe their duties and regulate their fees : Provided,
that nothing herein shall be so construed as to require the
inspection of any articles enumerated herein which are to
be shipped beyond the limits of the state, except at the re-
quest of the owner thereof or his aajent.
Twenty-fourth: To regulate the weight and quality of
bread, to be sold or used within the city.
Tiventy-fifth: To regulate the size and quality of bricks,
to be sold or used within the city, and the inspection
thereof.
Twenty-sixth: To create, establish and regulate the police Po''<:e.
of the city ; to appoint watchmen and policemen and pre-
scribe their duties and powers.
Twenty-seventh: To prevent and suppress any riot, rout,
affray, noise, disturbance or disorderly assembly, in any
public or private place within the city.
Toenty-eighth: To prohibit, prevent and suppress l^oi'se i|°^e^^=^=^°| «^f
racing, immoderate riding or driving in the streets, and ring.
to authorize persons immoderately riding or driving, as
aforesaid, to be stopped by any person ; to prohibit and
punish the abuse of animals ; to compel persons to fasten their
166 CITIES.
horses or other animals, attached to vehicles, or otherwise,
while standing or remaining in the streets.
Twenty -ninth: To restrain and punish vagrants, mendi-
cant , street beggars and prostitutes.
^of°=tfok ^* ''""^ Thirtieth: To regulate, restrain or prohibit the running at
large of horses, cattle, swine, sheep, goats and geese, and to
authorize the distraining, impounding and sale of the same,
for the costs of the proceedings and the penalty incurred,
and to impose penalties on the owners thereof for the viola-
tion of any ordinance in relation thereto ; to regulate, re-
strain and prohibit the running at large of dogs, and to au-
thorize their destruction, when at large contrary to ordinance,
and to impose penalties on the owners or keepers thereof.
Thirty-first: To prohibit and restrain the rolling of hoops,
flying of kites or any other amusements or practices, tend-
ing to annoy persons passing on the streets or sidewalks, or
to frighten horses or teams ; to restrain and prohibit the
ringing of bells, blowing of horns or bugles, crying of goods,
and all other noises, performances and practices, tending to
the collecting of persons on the streets and sidewalks, by
auctioneers and others, for the purpose of business, amuse-
ment or otherwise,
xuisance Thirty -seco7id: To abate all nuisances which may injure
or affect the public health or comfort, in any manner they
may deem expedient.
Thirty-third: To do all acts and make all regulations
which may be necessary or expedient for the promotion of
health and the suppression of disease.
Thirty -fourth: To compel the owner or occupant of any
grocery, cellar, soap or tallow chandler, or blacksmith shop,
tannery, stable, privy, sewer or other unwholesome or nau-
seous house or place, to cleanse, remove or abate the same,
as may be necessary for the health, comfort and convenience
of the inhabitants.
Thirty-fifth: To direct the location and regulate the man-
agement and construction of breweries, tanneiies, blacksmith
shops, founderies, livery stables and packing houses ; to di-
rect the location and regulate the management and construc-
tion of and restrain, abate and prohibit, within the city and
to the distance of one mile from the limits' thereof, distilleries,
' slaughtering establishments, establishments for steaming or
rendering lard, tallow, oifal and such other substances as
may be rendered, and all other establishments or places
where any nauseous, offensive or unwholesome business may
be carried on.
Cemeteries and TJiirty-nxth: To rcgulatc the burial of the dead ; to es-
))uHai grounds. |.j^].^jjg|^ ^^ rcgulatc ouc Or morc cemeteries ; to regulate the
registration of births and deaths ; to direct the returning
and kee]Ding of bills of mortality ; and to impose penalties
on physicians and sextons and others, for any default in the
premises.
CITIES. 167
Thirty-seventh: To provide for the taking an enumeration
of the inhabitants of the city.
Thirty -eighth : To erect and establish a work honse or Workhouse.
house of correction, make all necessary regulations there-
for, and appoint all necessary keepers or assistants. In
such work house or house of correction may be confined all
vagrants, stragglers, idle and disorderly persons, who may
be committed thereto by any proper officer ; and all per-
sons sentenced by any criminal court or magistrate, in and
for the city or for the county of Champaign, for any assault
and battery, petit larceny or other misdemeanor, punishable '
by imprisonment in any county jail, and any person who
shall fail or neglect to pay any fine, penalty or costs im-
posed by any ordinance of the city, for any misdemeanor,
breach of any ordinance of the city, may, instead of being
committed to the county jail of Champaign county, be kept
therein, subject to labor and confinement.
TJiirty -ninth : To authorize and direct the taking up and
providing for the safe keeping and education, for such
periods of time as may be deemed expedient, of all children
who are destitute of proper parental care, wandering about
the streets, committing mischief and growing up in mendi-
cancy, ignr»rance, idleness and vice.
Fortieth: To fill up, drain, cleanse, alter, relay, repair sew'ra and drains
and regulate any grounds, lots, yards, cellars, private drains,
sinks and 'jjri vies, direct and regulate their construction and
cause the expenses thereof to be assessed and collected in
the same manner as sidewalk assessments.
Forty-first : To direct and control the laying and con- ^,^,!;'™^^ et^*'^^'
struction of railroad tracks, bridges, turnouts and switches,
in the streets and alleys, and the location of depot grounds,
within the city; to require that railroad tracks, bridges,
turnouts and switches shall be so constructed and laid as to
interfere as little as possible with the ordinary travel and
use of the streets and alleys, and that sufficient space shall
be left on either side of said tracks, for the safe and conve-
nient passage of teams and persons; to require railroad
companies to keep in repair the streets through which their
ti'ack may run, and to construct and keep in repair suita-
ble crossings at the intersection of streets and alleys and
ditches, sewers and culverts, when the city council shall
deem necessary ; to direct and prohibit the use and regulate
the speed of locomotive engines, within the inhabited parts
of the city ; to prohibit and restrain railroad companies from
doing storage or warehouse business, or collecting pay for
storage.
Forty-second : The city council shall have power to pass, By-iaws and po-
-,.,'' , , •^-,,, T 1 IT liee regulations.
publish, amend and repeal all ordmances, rules and police
regulations, not contrary to the constitution of the United
States or of this state, for the good government, peace and
order of the city, and the trade and commerce thereof, that
168
CITIES.
may be necessary or proper, to carry into eft'ect the powers
vested by this act in the corporation, the city government
or any department or officer thereof; to enforce the obser-
vance of all such rules, ordinances and police regulations
and to punish violations thereof, by fines, penalties and im-
prisonment in the county jail, city prison or work house, or
both, in the discretion of the court or magistrate before
Fines and penal- wlioui convictioii may bc had ; but no fine or penalty
*"^' shall exceed five hundred dollars, nor the imprisonment six
months, for any ofi:ense ; and such fine or penalty may be
recovered, with costs, in an action of debt, in the name
or for the use of the city, before any court having juris-
diction, and punishment inflicted ; and any person upon
whom any fine or penalty is imposed shall stand committed
until the payment of the same and costs; and in default
thereof, may be imprisoned in the county jail, city prison
or work house, or required to labor on the streets or other
public works of the citj^^, for such time and in such manner
as may be provided by ordinance.
ARTICLE VI.
OF TAXATIOJf.
School tax.
^ „ . ^, SI. The city council shall have power, within the citv,
Celleotion of tax- , '^ i . •' r J .-'7
es. by ordmance :
First : To levy and collect, annually, taxes, not exceed-
ing five mills to the dollar, on the assessed value of all real
and personal estate and property, M^ithin the city, and all
personal property of the inhabitants thereof, made taxable
by the laws of the state for state purposes, to defray the
general and contingent expenses of the city, not herein
otherwise provided for; which taxes shall constitute the
general fund.
Second : To annually levy and collect a school tax, not
exceeding five mills on the dollar, on all property taxable
for state purposes, for purchasing ground for school houses,
building and repairing school houses, and supporting and
maintaining schools.
Third: To levy and collect taxes, not exceeding five
mills to the dollar, per annum, on all property subject to
taxation, to meet the interest accruing on the debt of the
city ; and tlif city council shall pass no ordinance or re-
solution incurring or creating a debt, without, at the same
time, making provisions for the levying a tax sufiicient
to meet the payment of the interest accruing thereon when
payable.
Fourth : To annually levy and collect taxes on all pro-
perty subject to taxation, when required for the erection of
a city hall, markets, hospitals, city prison or work house ;
the purchase of market grounds, public squares or parks, or
any other public improvements : Provided, the estimated
Erection of city
hall.
CITIES. J QQ
cost of a citj hall, work house or market house may be ap-
portioned by the city council and collected by a series of
annual assessments ; but the cost of market grounds, mar-
kets, public squares or other improvements, may be levied
and collected upon all the real estate and other proj)erty in
the natural division of the city in which they are located.
'No local improvement, under this section, shall be ordered
in any division or ward, unless the aldermen from such
ward shall vote for the same ; but no tax or taxes shall be
levied in any one year under this section, which shall exceed
five mills to the dollar on the property assessed, for any or
all the purposes herein specified. The revenues arising
from such market or other improvements, shall be applied
to the liquidation of the costs thereof, and taxes shall be
levied and collected to make up the deficiency.
Fifth : To levy and collect, uj^on all property in such Lighting streets,
districts as they shall from time to time create, a tax, sufii-
cient to defray one-half of the expenses of erecting lamp
posts and posts and lighting the streets in such district or
ward ; and the tax thus collected shall be exclusively, ex-
pended for such purpose in the district or ward paying the
same.
Sixtli : To require, and it is hereby made the duty of
every male resident of the city, over the age of twenty-one
years and under the age of fifty years, to labor three days
in each year upon the streets and alleys of the city ; but any
person may, at his option, pay, in lieu thereof, two dollars :
Provided^ the same shall be paid within ten days after noti-
fication by the supervisor. In default of payment, as afore-
said, the sum of three dollars and costs may be collected;
and no set-ofi" shall be allowed in any suit brought to collect
the same.
ARTICLE VII.
OF ASSESSMENTS FOR OPENING STREETS AND ALLEYS.
§ 1. The city council shall have power to open and lay ^|^^®*^ ^"'^ *•
out public grounds or squares, streets, alleys and highways,
and to alter, widen, contract, straighten and discontinue the
same. But no street, alley or highway, or any part thereof,
shall be discontinued or contracted without the consent, in
writing, of all persons owning land or lots adjoining said
street, alley or highway. They shall cause all streets, alleys
and highways, or public squares, or ground laid out by
them, to be surveyed, described and recorded in a book, to
be kept by the clerk, showing accurately and particularly
the proposed improvements and the real estate required to
be taken ; and the same, when opened and made, shall be
public highways and public squares.
§ 2. Whenever any street, alley or highway, public
ground or square is proposed to be laid out, opened, altered,
—15
170 CITIES.
widened or straightened, by virtue hereof, and the amount
of compensation cannot be agreed upon, the city council
shall give notice of their intention to appropriate and take
the land necessary for the same to the owner thereof, by
publishing said notice, for ten days, in the newspaper
publishing the ordinances of the city ; at the expiration of
which time they shall choose, by ballot, three disinterested
freeholders, residing in the city, as commissioners, to ascer-
tain and assess the damages and recompense due the owners
of said real estate, respectively, and at the same time to de-
termine what persons will be benefited by such improve-
ments, and assess the damages and expenses thereof on the
real estate benefited thereby, in proportion, as nearly as
may be, to the benefits resulting to each. A majority of
all the aldermen authorized by law to be elected shall be
necessary" to a choice of such commissioners.
Decision of com- § 3. Tlic commissiouers shall be sworn faithfully and
missioners. impartially to execute their duties, to the best of their abili-
ties, before entering upon their duties. They shall give at
least five days' notice to all persons interested, of the time
and place of their meeting, for the purpose of viewing the
premises and making their assessments ; which notice shall
he given personally, if the owners are residents and known,
or by publication in the newspaper publishing the ordinances
of the city, if non-residents or unknown. Tliey shall view
the premises, and, in their discretion, receive any legal evi-
dence, and may, if necessary, adjourn from day to day.
Removal of § 4. If there should be any building standing, in whole
buildings. ^^ -^ Y>^Yti upon the land to be taken, the commissioners,
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
actual injury to him in having such building taken from
him ; and, secondly, the value of such building to him, to
remove.
Notice of com- § 5. At Icast fivc days' notice shall be given to the
^dnn"^"^^' ^^' owner of such determination, when known and a resident of
the city, which may be given personally or in writing left
at his usual place of abode ; if a non-resident, or unknown,
like notice to all persons interested shall be given by publi-
cation in the newspaper publishing the ordinances of the
city. Such notice shall specify the buildings and the award
of the commissioners, and shall be signed by them. It
shall also require the persons interested to api)ear, by a day
to be named therein, or give notice of their election to the
city council, either to accept the award ot the commissioners
and allow such building to be taken, with the land con-
demned or appropriated, or of their intention to receive such
building at the value set thereon by the commissioners, to
remove. If the owner shall airree to remove such building
cision.
CITIES. lYl
he shall have siicli reasonable time for that purpose as the
citj council may direct.
§ 6. If the owner refuses to take the building at its ap-
praised value, to remove, or fails to give notice of his inten-
tion, as aforesaid, within the time prescribed, the cit}^ council
shall have power to direct the sale of such building, at pub-
lic auction, for cash or on credit, giving five days' public
notice of the sale. The proceeds of the sale shall be paid to
the owner or deposited to his use.
§ 7. The commissioners shall thereupon proceed to
make their assessment and determine and appraise to the
owner the value of the real estate appropriated, and the
injury arising from the condemnation thereof, which shall
be awarded to such owner, as damages, after making
due allowance therefrom for any benefit which such owner
may derive from such improvements. In the estimate of
damages to the land the commissioners shall include the
value of the buildings (if the property of the owner of the
land) as estimated by them, as aforesaid, less the proceeds
of the sale thereof; or, if taken by the owner at the value
to remove, in that case they shall only include the difference
between such value and the whole estimated value of such
building.
§ 8. If the damao^e to any person be greater than the Amount of dam.
benefits received, or if the benefit be greater than the dam-
ages, 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 difference only
shall in any case be collected of or paid to them.
§ 9. If the lands and buildings belong to different per-
sons, or if the land be subject to lease or mortgage, the
injury done to such persons, respectively, may be awarded
to them by the commissioners, less the benefits resulting to
them, respectively, from the improvements.
§ 10. Having ascertained the cTamages and expenses of
such improvement, as aforesaid, the commissioners shall
thereupon apportion and assess the same, together with the
costs of the proceedings, upon the real estate by them
deemed benefited, in proportion to the benefit resulting
from the improvements, as nearly as may be, and shall de-
scribe the real estate upon which their assessments may be
made, when completed. The commissioners shall sign and
return the same to the city council, within thirty days of
their assessment.
§ 11. The clerk shall give ten days' notice, by publica- Removal or com-
tion in the newspaper pubhshing the ordinances of the city,
that such assessment has been returned, and on a day, to
be specified therein, will be confirmed by the city council,
unless objections to the same are made by some person
interested. Objections shall be heard before the city coun-
mission ers.
172
CITIES.
Publication
notice.
Lai>d3 of
residents.
cil ; 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 com-
missioners. If annulled, all the proceedings shall be void.
If confirmed an order of confirmation shall be entered,
directing a vs^arrant to issue for the collection thereof. If
referred back to the same or other commissioners they shall
proceed to make their assessment, and return the same in
like manner, and give like notices as herein required in rela-
tion to the first ; and all parties in interest shall have the
like notice and rights, and the city council shall perform
like duties and have like power, in relation to any subse-
quent determination, as are herein given in relation to the
first.
§ 13. The city council shall have power to remove com-
missioners, and, from time to time, appoint others in place
of such as may be removed, or refuse, neglect or are unable,
from any cause, to serve.
§ 13. The land required to be taken for the making,
opening, widening, straightening or altering any street,
alley or other highway or public ground or square, shall not
be appropriated until the damages awarded therefor to
any owner thereof, under this act, shall be paid or tendered
to such owner or his agent, or, in case such owner or his
agent cannot be found within the city, deposited to his or
their credit in some safe place of deposit, other than the
hands of the treasurer ; and then, and not before, such lands
may be taken and appropriated for the purpose required in
making such improvements ; and such streets, alleys or
other highways or public grounds may be made and opened.
§ 14. When the whole of any lot or parcel of land, or
other premises under lease or other contract, shall be taken
for any of the purposes aforesaid, by virtue of this act, all the
covenants, contracts and engagements between landlord and
tenant, or any other contracting parties, touching the same
or any part thereof, shall, upon the confirmation of the re-
port of the commissioners, respectively, cease and be abso-
lutely discharged.
§ 15. When part only of any lotj parcel of land or
other premises, so under lease or contract, shall be taken
for any of the purposes aforesaid, by virtue of this act, all
the covenants, contracts, agreements and engagements, re-
specting the same, upon the confirmation of the report of the
commissioners, shall be absolutely discharged, as to that part
thereof so taken, but shall remain valid as to the residue
thereof; and the rents, consideration and payments re-
ceived, payable and to be paid for or in respect to the same,
shall be so })roportioned as that tlie part thereof justly and
equitably payable for such residue thereof, and no more,
shall be paid or recoverable in any respect of the same.
CITIES. 173
§ 16. Any person interested may appeal from any order Appeals.
of the city council for opening, altering, widening or straight-
ening any street, alley or other highway or public ground,
to the circuit court of Champaign county, by notice, in
writing, to the mayor, at any time before the expiration of
twenty days after the passage of said final order. In case
of appeal the city council shall make a return, within thirty
days after notice thereof, and the court shall, at the next
term after return tiled in the office of the clerk thereof, hear
and determine such appeal and confirm or annul the pro-
ceedings ; from which judgment no appeal or writ of error
shall lie. Upon the trial of the appeal all questions involved
in said proceedings, including the amount of damages, shall
be opened to investigation by affidavit or oral testimony
adduced to the courts, or, upon application of the city or
any party, the amount of damages may be asssessed by a
jury of said court, without formal pleading, and judgment
rendered accordingly ; and the burden of the proof shall, in
all cases, be upon the city, to show that the proceedings [are]
in conformity with this act.
§ 17. In all cases, where there is no agreement to the °thra"es*s?nenrs^
contrary, the owner or landlord, and not the tenant or occu- '^l^^^ °^ '*"'
pant, shall be deemed the person who shall and ought to
pay and bear every assessment made for the expense of any
public improvement. Where any such assessment shall be
made upon or j)aid by any person, when by agreement or
by law the same ought to be borne or paid by any other
person, it shall be lawful for one so paying to sue for and
recover of the persons bound to pay the same the amount so
paid, with interest. ]S^othing herein contained shall, in any
way, impair or atfect any agreement between landlord and
tenant or other person respecting the payment of such
assessments.
§ 18. The city council may, by ordinance, make any
changes they may deem advisaljle, in the proceedings here-
in prescribed for ascertaining the damages and injury occa-
sioned to any person or real estate by reason of the con-
demnation of such real estate or any real estate upon which
any buildings may be situated, in whole or in part, and the
assessment of such damages and injury, upon persons or
real estate benefited b}" the improvement, and in all such
■ other respects as experience may suggest.
§ 19. Where any known owner or other person, having infants interested
an interest in any real estate, residing in the city or else- ^ ^'°^^ ^'
where, shall be an infant, and any proceedings shall be had
under this act, the judge of the circuit court of Champaign
county, the county judge of said county or any judge of the
supreme court may, upon the application of the city council,
or such infant or his next friend, appoint a guardian for
such infant, taking security from such guardian for the
174
CITIES.
faithful execution of such trust; and all notices and summonSj
required by this act, shall be served on such guardian.
ARTICLE YIII.
Grading
paving.
D raiaage.
Tax for draining
PUBLIC IMPROTEMEXTS AXD ASSESSMENTS THEKEKOK.
§ 1. The city council shall have power, from time to
time, to cause any street, alley or other highway, to be gra-
ded, regraded, leveled, paved or planked, and keep the
same in repair, and alter and change the same.
Second : To cause cross and sidewalks, main drains and
sewers, and provide drains to be constructed and laid, re-
laid, cleansed and repaired, and regulate the same.
Third : To grade, improve, protect and ornament any
public square or other public ground now or hereatter laid
out.
Fourth : The city council shall have power to assess and
collect of the owners of lots or real estate, on any street or
any highway, or any part thereof, in the same manner as
other city taxes, or in such manner as may be prescribed
by ordinance, for the purpose of grading, paving or planking
such streets or other highway : Frovided^ that such tax shall
not exceed iive mills per annum of the value of the pro-
perty assessed.
§ 2. That, for the purpose of establishing a system of
sewerage and drainage, the city council may have power to
cause the city to be laid off into districts, to be drained by
principal and lateral or tributary sewers and drains, having
reference to a general plan of drainage, by sewers and
drains, for the whole city, and number and record the
same.
§ 3. That whenever a majority in number of the own-
ers of real estate within any district shall petition the city
council for the construction of such drains or sewers in such
district, the city council shall have power to levy and collect
a special tax on the real estate within the district so drained,
and not to exceed five mills to the dollar, per annum, on the
assessed value thereof, for the purpose of constructing such
sewers and drains ; which tax shall be annually levied as
other city taxes by law, and shall constitute a lien on the
real estate in the district in which it is assessed ; and the
city council shall provide for the construction and letting of
such sewers and drains, or such parts thereof as they shall
deem necessary, and may, from time to time, extend, en-
large or alter the same, upon such terms and conditions as
they shall deem necessary ; and the city council shtill have
power to borrow money, for the construction of such sewers
and drains, payable, in principal and interest, from the spe-
cial tax collected in such districts ; or the city council may
CITIES, I7.J
apportion tlie estimated cost of sucli drains and sewers, and
collect the same by a series of annual assessments ; but no
ordinance creating such debt, special tax or apportionment,
shall be repealed or altered until the debt created thereby
shall have been paid.
§ -i. All owners or occupants of lots or lands, in front of,
adjoining or upon whose premises the city council shall or-
der and direct sidewalks or private drains communicating
with any main drain, to be constructed, graded, repaired,
relaid or cleansed, or shall declare any such land or lots to
be nuisances, and order the same to be gradei , filled up
and drained or otherwise improved, shall make, grade, re-
pair or relay such sidewalk, or make, repair or cl anse such
private drain, or grade, fill up, drain or otherwis improve
such lot or land, at their own cost and charges, ithin the
time and in the manner prescribed by ordinance or other-
wise ; and if not done within the time and in the manner
prescribed the city council may cause the same to be ccm-
structed, repaired, relaid, cleansed, filled up, graded, drain-
ed or otherwise improved, and assess the expense thereof,
by an order, to be entered in their proceedings, upr u the
lots and lands, respectively, and collect the same, 1 y war-
rant and sale of the premises, as in other cases. A suit
may also be maintained against the owner or occupant of
such premises for the recovery of such expenses, as for mo-
ney paid and laid out to his use, at his request.
§ 5. In all cases where expenses may be incurred in the Removal of mu-
removal of any nuisance the city council may cause the same ®^°'^*^-
to be assessed against the real estate chargeable therewith,
in the same manner prescribed in the foregoing section.
Such expenses may be, likewise, collected of the owner or
occupant of such premises, in a suit for money expended to
his or their use ; and incase the same should not be chargea-
ble to any real estate, suit may, in like manner, be brought
for such expenses against the author of such nuisance, if
known, or any person whose duty it may be to remove or
abate the same.
§ 6. The city council shall have power to compel the
owners of lots or ground fronting or adjoining any private
or public alley to keep the same clean, and, if necessary, to
direct the same to be j^aved, planked or otherwise, and the
costs thereof to be assessed and collected in the same man-
ner as sidewalk assessments.
ARTICLE IX.
COLLECTION OP TAXES AXD ASSESSMENTS.
§ 1. The city council shall have power, by ordinance, to Assessment list*
prescribe the form of assessment lists, and prescribe the du-
ties and define the powers of assessors ; they may, also,
make such rules and give such directions, in relation to re-
1 76 CITIES.
vising, altering or adding to tlie lists, as they may deem
proper and expedient.
§ 2. The annual lists shall be returned by the assessor
on or before the iirst Monday in August, in each year ; but
the time may be extended, by order of the city council. On
the return thereof the city council shall iix a day for hear-
ing objections thereto ; and the clerk shall give notice of the
time and place of such hearing, by publication in the news-
paper publishing the ordinances of the city ; and any per-
son feeling aggrieved by the assessment of his property
may appear at the time specified and n?.ake his objections.
The city council shall have power to supply omissions in
said assessment lists, and, for the purpose of equalizing the
same, to alter, add to, take from and otherwise correct and
revise the same, or to refer the same back to the assessor,
with instructions to revise and correct the same.
Correction of as- § ^- Wlicu the asscssmeut lists have been corrected and
sessment lists, reviscd the same shall be filed, and an order confirming the
same and directing the warrant to be issued for the collec-
tion thereof shall be entered by the clerk. The city coun-
cil shall thereupon, by an ordinance or resolution, levy such
sum or sums of money as may be sufficient for the several
purposes for which taxes are herein authorized to be levied,
not exceeding the authorized per centage, particularly spe-
cifying the purposes for which the same are levied, and, if
not for general purposes, the division or ward of the city
upon which the same are levied.
Taxes to be lien § 4. All taxcs and asscssmeuts, general or special,
on property. Jevicd or asscsscd by the city council, under this act or any
ordinance in pursuance thereof, 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 assess-
ment lists shall be confirmed or the passage of the order for
assessment, and, on personal estate, from and after the de-
livery of the warrant for the collection thereof until paid ;
and no sale or transfer shall afiect the lien. Anj^ personal
property belonging to the debtor may be taken and sold
for the payment of taxes on real or personal estate ; and the
real estate shall be liable for the taxes on personal estate,
in case of removal or when the tax cannot be made out of
the personal estate, in the same manner as is prescribed by
the laws of the state : Provided, that in case the collection
of any assessment shall be dehiyed, by injunction or other
judicial proceedings, the same shall continue a lien upon
the real estate for the period of two j^ears from and after the
final disposition of such injunction or other judicial proceed-
ing.
Clerk's tax war- § 5. Tlic clcrk sliall Issuc a warrant or warrants for the
'■•''"'^- taxes, and rule therein separate columns, in which the taxes
levied shall be separately set down opposite the name of
CITIES. 177
the person or such real estate subject thereto. Eacli cohimn
shall be headed with the name of the tax therein set down.
§ 6. All warrants issued for the collection of p:eneral or
special taxes and assessments shall be signed by the major
and clerk, with the corporate seal thereto attached, and
shall contain true and perfect copies of the corrected assess-
ment lists upon which the same may be issued. They shall
be delivered to the collector, for collection, within thirty
days after the filing of the corrected lists, unless further
time for this purpose shall be given by the city council. If
not otherwise paid the collector shall have power to collect
said taxes, with interests and costs, by suit, in the corporate
name, or by distress and sale of personal property, as afore-
said, after a demand and refusal to pay the, same : Provi-
ded, a notice published by the collector, :^or tfen days, in the
newspaper printing the ordinances of the city, shall be
deemed a demand, and a neglect to pay taxes for twenty
days thereafter shall be deemed a refusal. The assessor's
lists shall, in all cases, be evidence on the part of the city
corporation.
§ 7. All taxes and assessments, general or special, shall conector'a duties.
be collected by the collector, in the same manner and with
the same power and authority as is given by law to collec-
tors of county and state taxes. He shall pay the same, as
fast as collected, into the city treasury ; and his duty, in re-
gard to returning warrants and settling with the city, and
his liability, in case of default or misconduct, shall be the
same as prescribed by law : Provided, the city council shall
have power to prescribe the powers, duties and liabilities of
collectors by ordinance.
§ 8. In case of the nonpayment of any taxes or assess- Nonpayi
1 • 1 111- 1 • taxes.
ments, levied or assessed under this act, the premises may
be sold for the payment thereof, at any time within two
years after the confirmation of the assessment by the city
council. Before any such sale an order shall be made by
the city council, which shall be entered at large in the jour-
nals or record, kept by the clerk, directing the collector to
sell, 23articularly describing the delinquent premises to be
sold and the assessment for which the sale shall be made ;
a certified copy of which order, under the corporate seal,
signed by the mayor or presiding officer and clerk, shall
be delivered to the collector, which, together with tlie war-
rant, shall constitute the process upon wdiich such sale may
be made.
§ 9. The collector shall then advertise such premises, in
the newspaper publishing the ordinances of the city, lor
sale, at least thirty days from and after the first publication
of such notice, describing the premises by figures or other-
wise, with the name of the owner (when known) and the
several amounts of the taxes and assessments thereon and
costs. Said notice shall also contain the time and place of
ment
1 i 3 CITIES.
sale, and shall be publislied at least four times. The pro-
ceedings may be stopped, at an}- time, on the payment of
the taxes or assessment and interest, with expenses of adver-
tising.
Tax sales. § 10. All sales sliall be conducted in the manner required
by law ; but the cit}' council shall have power to prescribe
the manner of conducting the same. The sale shall be made
for the smallest portion of ground, to be taken from the east
side of the premises, for which any person will take the same
and pay the taxes or assessments thereon, with interest and
costs of sale. Duplicate certificates of sale shall be made
and subscribed by the collector, one of which shall be deli-
vered to the purchaser and the other filed in the office of the
clerk ; which certificate shall contain the name of the purchas-
er, a description of the premises sold, the amount of taxes
or assessments, with the interest and exj)enses for which the
same was sold, and the time when the right to redeem will
ex]3ire. The collector shall be allowed the same fees for
selling as are allowed for similar services, or his fees may be
regulated by ordinance. The clerk shall keep a record of
such sales, which shall be open to public inspection at all
reasonable times.
paght of redemp. §11- The right of redemption, in all cases of sales for
*'""■ taxes or assessments, shall exist to the owner, his lieirs^ cred-
itors or assigns, to the same extent as is allowed by law in
cases of sales of real estate for taxes, on the payment, in
specie, of double the amount for which the same was sold,
and all taxes accruing subsequent to the sale, with interest.
If the real estate of any infant, femme covert or lunatic be
sold, under this act, the same may be redeemed at any time
■svithin one year after such disability is removed. In case of
redemption the money may be paid to the purchaser, or, for
him, to the city clerk, who shall make a special deposit
thereof with the treasurer, taking his receipt therefor. If
not redeemed, according to law, the city council shall, upon
the return of the certificate, or proof of its loss, direct a
deed to be executed to the purchaser, under the corporate
seal, signed b}^ the mayor or presiding officer of the city
council and countersigned by the clerk, conveying to said
purchaser the premises so sold and unredeemed, as aforesaid.
An abstract of all deeds, so made and delivered, shall be
entered by the clerk in the book wherein tax sales are re-
corded. A fee of one dollar may be charged l)y the clerk
for any deed so issued.
Tax deed. § 12. The assigncc of any tax certificate of any ])remises
sold for taxes or assessments under authority of the city,
shall be entitled to receive a deed of such premises, in his
own name and with the same efiect 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 the
CITIES, 179
laud 01' any goods and cliattels the same shall be struck off
to the city ; aud thereupon the city shall receive, in the cor-
porate name, a certificate of the sale thereof, and shall be
vested with the same rights as other purchasers at such
sales.
§ 14, All deeds made to the purchasers of lots sold for ^^'}^^^^'f *''°°-
taxes or assessments, by order of the city council, shall be
prima facie evidence, in all controversies and suits in rela-
tion to the rights of the purchaser, his heirs or assigns, to
the premises thereby conveyed, of the following facts :
First: That the land or lot conveyed was subject to taxa-
tion or assessment at the time the same was advertised for
sale, and had been listed and assessed in the time and man-
ner required by law.
Second: That the taxes or assessments were not paid at
any time before the sale.
Third: That the land conveyed had not been redeemed
from the sale at the date of the deed ; and shall be conclu-
sive evidence of the following facts :
First: That the land or lot was advertised for sale for the
length of time and in the manner required by law.
Second: That the land was sold for taxes or assessments,
as stated in the deed.
Third: That the grantor in the deed was the purchaser.
Fourth: That the sale was conducted in the manner re- Modeofconduet-
quired by law ; and in all controversies and suits, involving '"^^ '* *'
the title to land claimed and held under or by virtue of such
deed, the person or persons claiming title adverse to the title
conveyed by such deed shall be required to prove, in order to
defeat the said title, either that the land was not subject to tax-
ation at the date of the sale, that the taxes or assessments had
been paid, that the said land had never been listed or assess-
ed for taxation or assessment, or that the same had been re-
deemed, according to the provisions of the act, and that such
redemption was made for the use and benefit of the persons
having the right of redemption under the laws of the state ;
but no person shall be permitted to question the title acquir-
ed by the said deed, without first showing that he, she or
they, or the person under whom he, she 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 persons under whom he claims title,
as aforesaid,
ARTICLE X.
FIRK DEPARTMENT.
§ 1. The city council, for the purpose of guarding against ^^^°j^'^°°''"
the calamities of fire, shall have power to prohibit the erec-
tion, placing or repairing of wooden buildings, within the
180
CITIES.
Chimneys
flues.
and
Fire buckets.
Storing of
powder.
limits prescribed by them, without their permission, and di-
rect and prescribe that all buildings, within the limits pre-
scribed, shall be made or constructed of fire-proof materials,
and to prohibit the rebuilding or repairing of wooden build-
ings, within the fire limits, when the same shall have been
damaged to the extent of fifty per cent, of the value thereof,
and to prescribe the manner of ascertaining such damage.
To declare all dilapidated buildings to be nuisances, and to
direct the same to be repaired, removed or abated in such
manner as they shall prescribe and direct. To declare all
wooden buildings, within the fire limits, which they may
deem dangerous to contiguous buildings or in causing or
promoting fires, to be nuisances, and to require and cause
the same to be removed or abated, in such manner as they
shall prescribe.
§ 2. The city council shall have power :
First: To regulate the construction of chimneys and flues,
so as to admit of chimney sweeps or other mode of clean-
ing, and to compel the cleaning and sweeping of chimneys.
Second: To prevent and prohibit the dangerous construc-
tion and condition of chimneys, flues, fire places, stove pipes,
ovens or any other apparatus used in or about any building or
manufactory, and to cause the same to be removed or placed
in a secure and safe condition, when considered dangerous.
Third: To prevent the deposit of ashes in unsafe places,
and to appoint one or more officers to enter into buildings
and inclosures to examine and discover whether the same
are in a dangerous state, and to cause such as may be dan-
gerous to be put in safe condition.
Fourth: To require the inhabitants to provide as many
fire buckets, and in such manner and time as they shall
prescribe, and to regulate the use thereof in times of fire,
and to require all owners and occupants of buildings to con-
struct and keep in repair wells and cisterns upon their pre-
mises.
Fifth: To regulate and prevent the carrying on of man-
ufactories and works dangerous in promoting or causing
fires.
Sixth: To regulate, prevent and prohibit the use of fire-
works and firearms.
Seventh: To direct and prohibit the management of houses
for the storing of gunpowder and other combustible and
dangerous materials within the city ; to regulate the keeping
and conveying of the same, and the use of candles and other
lights in stables and other like houses.
Eighth: To regulate and prescribe the manner and order
the building of parapet and ^^artition walls and of partition
fences.
Ninth: To compel the owners or occupants of houses
or other buildings to have scuttles in the roofs and stairs or
ladders leading to the same.
I CITIES. 181
Tenth: To authorize the major, fire wardens or other offi-
cers of said city, to keep away from the vicinity of any fire
all idle or suspicious persons, and to compel all ofhcers of
the city and ^ all other persons to aid in the extinguishment
of fires and in the preservation of property exposed to dan-
ger thereat, and in preventing goods from being stolen.
Eleventh: And, generally, to establish such regulations
for the prevention and extinguishment of fires as" the city
council may deem expedient.
§ 3. The city council may procure fire engines and all ^''■e engines and
other apparatus used for the extinguishment of fires, and ^^^ <^°™p='°''''-
have the charge and control of the same, and provide fit and
secure houses and other places for keeping and preservino-
the same, and shall have power,
First: To organize fire, hook, liose, ax and ladder com-
panies.
Second: To appoint, during their pleasure, a competent
number of able and respectable inhabitants of the city fire-
men, to take the care and management of the engines and
other apparatus and implements used and provided for the
extinguishment of fires.
Third: To prescribe the duties of firemen, and to make
rules and regulations for their government, and to impose
reasonable penalties upon them for a violation of the same,
and, for incapacity, neglect of duty or misconduct, to remove
them.
Fourth: The city council shall have power to appoint a
chief and assistant engineers of the fire department, and
they, with the other firemen, shall take the care and man-
agement of the engines and other apparatus and implements
provided and used for the extinguishment of fires ; and their
powers and duties shall be prescribed and defined by the
city council.
§ 4. The members of the city council and firemen shall. Exemption from
during their terms of service as such, be exempted from ^""^^^
serving on juries, in the militia, or working on the streets,
or paying any tax for the same. The name of each fireman
shall be registered Avith the clerk of the city ; and the evi-
dence to entitle him to the exemption provided in this sec-
tion shall be the certificate of the clerk, under the corporate
seal, for the year in which exemption is claimed.
ARTICLE XI.
MISCELLANEOUS PROYISIOXS.
§ 1. The city council shall, at least ten days before the Annual report of
annual election", in each year, cause to be published in the penluures"'^ ^''"
newspaper publishing the ordinances of the city, a correct
and full statement of the receipts and expenditures, from
the date of the last annual report, together with the sources
from whence the former are derived, and the mode of dis-
182 CITIES.
bursement and also a distinct statement of the whole
amount assessed, received and expended in the respective
wards and divisions, for making and repairing streets, high-
ways and bridges, for the same period, together with such
information as' may be necessary to a full understanding of
the financial concerns of the city.
§ 2. The inhabitants of the city of Champaign are here-
hy exempted from working upon any road or highway, be-
yond the limits of the city, and from paying the tax in lieu
thereof, without said limits.
Road labor. § 3. The supcrvisor shall demand the services of all
persons, who are required to labor on the streets and alleys
of the city, at such time and place and in such manner as the
city council may direct, or the supervisor shall deem neces-
sary. He shall deliver or cause to be deHvered, or left at
the usual place of abode or business of any person, so requi-
red to labor as aforesaid, a written or printed notice, or partly
written or partly printed notice, in such form as the city
council shall prescribe ; which notice shall be given at least
five days previous to the first day on which he or they are
required to labor, requiring such person to appear at such
time and place as may be designated, for the purpose of
laboring upon the streets and alleys. But a similar notice,
published for ten days in the newspaper publishing the
ordinances of the city, by the supervisor, or posted up in
three of the public places of the ward or district, shall be
deemed a sufficient notice to require all persons to iippear
and labor, as aforesaid. Upon the neglect of any person to
appear and labor, as aforesaid, or to pay the tax, the collec-
tor shall collect from each person, in the same manner as
other taxes, the sum of three dollars, with his commission
for collecting the same added thereto; or the same may be
recovered, by suit, with costs, as in other cases.
Names of sti-eets. § 4. The city couucil shall have power to establish, make
and declare the boundaries and names of streets and alleys.
§ 5. All fines, forfeitures and penalties, collected for
offenses committed within said city, shall be paid into the
ti-easury of said city, by the officer collecting the same; and
all fines and forfeitures, collected of any citizen of said city,
for any conviction in the circuit court, shall be paid over in
like manner.
Additions to tiie § 6. Tlic city couucil shall have power to require that
"*-^* all additions, hereafter made to said city, or all lands adjoin-
ino- or within the ^ame, laid out into blocks or lots, shall be
so laid out o- jj_,iatted as to correspond and conform to the
reo-ular bl )v;ks, streets and alleys, already laid out and estab-
lished .vithin the city,
§ 7. The cit}'- council shall, in all expenditures for pur-
poses strictly local, expend, annually, in the several natural
divisions of the city, such proportion, as near as may be, of
the whole expenditures for like purposes during the same
CITIES. 1S3
period as will correspond to the several sums contrilnited
by each division to the general fund. Street taxes shall be
expended in the several wards or districts where the persons
paying the same may respectively reside.
§ 8, The supervisor, in addition to the penalties jirescribed J^"'y °f supervi-
by ordinance, shall, for willful neglect of duty, be liable to meVfol-negreci
indictment and fine, in the same manner as supervisors
under the laws of the state.
§ 9. Neither the city council or mayor shall remit any
fine or penalty, imposed upon any person for a violation of
any laws or ordinances of said city, or release from confine-
ment, unless two-thirds of all the aldermen elected shall
vote for such release or remission; nor shall anything in
this act be so construed as to oust any court of jurisdiction
to abate and remove nuisances within its jurisdiction, bj^
indictment or otherwise.
§ 10. ISTo vote of the city council shall be reconsidered Reconsidering of
01' rescinded at a special meeting, unless the meetino- be
called, in whole or in part, for that purpose, and the alder-
men be so notified, and unless at such special meeting there
shall be present as large a number of aldermen as was pres-
ent when the vote was taken.
§ 11. Every ordinance, regulation and by-law, imposing Publication of or-
any penalty, fine, imprisonment or forfeiture, for a violation '^'°'""^'-
of its provisions, shall, after the passage thereof, be published
three days in the newspaper publishing the ordinances of
tlie city; and proof of such publication, by the affidavit of
the printer or publisher of such newspaper, taken before any
officer authorized to administer oaths, and filed with the
clerk, or any other competent proof of such publication, shall
be conclusive evidence of the legal publication and promul-
gation of such ordinance, regulation or by-law, in all courts
and places.
§ 12. All actions brought to recover any penalty or for- Manner of bring-
feiture incurred under this act or any ordinance, by-law or ^°s suits,
police regulation made in pursuance thereof, shall be brought
in the corporate name. It shall be lawful to declare, gener-
ally, in debt, for such penalty, fine or forfeiture, stating the
clause of this act or the by-law or ordinance under which
the penalty or forfeiture is claimed, and to give the special
matter in evidence under it.
§ 13. In all prosecutions for the violation of any ordinance,
by law or other regulation, the first process shall be a sum-
mons, unless oath or affirmation be made for a warrant, as in
other cases.
§ 14. Execution may be issued immediately on rendition
of judgment. If the defendant has no goods or chattels or
real estate, within the county of Champaign, whereof the
judgment can be collected, the execution shall require the
defendant to be confined in the county jail or workhouse or
city prison, for a term not exceeding six months, in the dis-
184
CITIES.
Former
force.
laws in
Property of cor-
poration.
Additions.
Disturbance
the peace-
cretion of the court rendering judgment; and all persons
who may be committed under this section shall be coniined
one day for each one dollar of such judgment and costs.
All expenses incurred in any execution for the recovery of
any fine, penalty or forfeiture, when collected, shall be paid
into the city treasury.
§ 15. No person shall be an incompetent judge, justice,
witnesses or juror, by reason of his being an inhabitant or
freeholder in the city of Champaign, in any action or pro-
ceeding in which said city may be a party in interest.
§ 16. All ordinances, regulations and resolutions, now in
force in the city of Champaign, and not inconsistent with
this act, shall remain in force, under this act, until altered,
modified or repealed by the city council, after this act shall
take etfect; and all said ordinances, regulations and resolu-
tions^ and all acts, proceedings, matters and things, of any
and every name and notice, [nature] whatsover, done or
provided to be done by the city council of the city of Cham-
paign, before this act shall take effect, are hereby made and
declared to be valid.
§ IT. All rights, actions, fines, penalties and forfeitures,
in suit or otherwise, which have heretofore accrued to the
city, at any time, shall be vested in and prosecuted by the
corporation hereby created.
§ 18. All property, real, personal or mixed, belonging
to the city of Champaign, is hereby vested in the corporation
created by this act. And the officers of said corporation,
now in office, 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
fter its passage.
§ 19. All ordinances of the city, when printed and pub-
lished by authority of the city council, shall be received, in
all courts and places, without further proof.
§ 20. The style of all ordinances shall be, ''^Be it ordained
hy the city council of the city of Champaign.'^''
§ 21. Any tract of land, adjoining such city, which may
be laid ofi' into lots or blocks, and duly platted, according
to law, and any tract of land, adjoining the city, with the
consent of the owner thereof, shall and may be annexed to
said city and form a part thereof.
§ 22. This act shall not invalidate any legal act done by
the city council of the city of Champaign 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.
§ 23. All officers of the city, created conservators of the
peace by this act or authorized by any ordinance, shall have
power to arrest, or cause to be arrested, with or without
process, all persons who shali break the peace, or threaten
CITIES. ;| §5
to_ break the peace, or be found violating any ordinance of
this citj, commit for examinatioii, and, if necessary, detain
such persons m custody over night or the Sabbath, in tlie
watch liouse or other safe phice, or until tliey can be brouo-ht
before a magistrate; and shall have and exercise such other
powers, as conservators of the peace, as the city council mav
prescribe. "^
. § ^^' . -^^^^^'^ ^^^^^^ be a digest of the ordinances of tlie Digest or ordi-
city, which are of a [public] nature, published within five '"^'*'-
years alter the passage of this act, and a like digest within
every period of five years thereafter.
§ 25. The city council shall have power to make reo-ula-
tions to secure the general health of the inhaljitants- to
aeclare what shall be a nuisauce, and to prevent and remove
the same.
. § ^,?- ,Tb^« ^F^ ^^^^^ not take effect, as the charter of the vote upon the
city ot^ Ohampaign, unless a majority of the legal voters of *'^'"''"-
said city, voting at an election, hereinafter provided shall
cast their votes for the adoption of the same. Said election
to be held on the last Monday in the month of March, a.d.
1861, as other elections are' now held in said city, 'upon
notice, to be given by the clerk or attorney of the present
board._ Said notices to be posted up in five public places in
said city. The returns of said election, held as aforesaid
shall^ be certified by the oflficers of the election and placed
on file m the oflice of the circuit clerk of the county of
Champaign, Illinois. And it shall not be necessary, in any
proceeding, either at law or in equity, to prove that this
charter was adopted by the people; but such proof shall be
a matter of defense, in showing that this charter was not
adopted by a vote of the people, by reference to the returns
ol the election, as in this section provided for.
This act shall be a public act, and shall take efiect from
and after its passage.
Approved February 21, 1861.
AN ACT to incorporate the City of Carlyle. In force February
22, 1S61.
ARTICLE FIRST.
OF BOUXDARIKS.
Section 1. £e it enacted hy the People of the State of
Illinois, represented in [the] General Assemhl'y, That the in-
habitants of the town of Carlyle, in Clinton county, be and
are hereby constituted a body politic and corporate, by the
name and style of " The City of Carlyle," and by that name
shall have perpetual succession, may' sue and be sued, plead
CITIES.
and be impleaded, in all courts of law and equity; and may
have and use a common seal, and alter the same at pleasure.
:ity limits. § 2. All that territory embraced in the following limits, to-
wit : commencing at the northeast corner of the present limits
of said town, thence, due north, on a straight line with the
eastern line of said town, to a point east or on the north hne
of Breese's addition ; thence, west, on the north line of the
aforesaid Breese's addition, to the northwest corner of said
addition ; thence, north, to the southeast corner of a tract of
land, known and belonging [to] Earskin, Gore, Ridgeway and
Company, being the east> half of the northeast quarter of
section thirteen, two north, three (3) west of the third prin-
cipal meridian ; thence, west, on the south line of said tract,
one-fourth of a mile, to the southwest corner of the afore-
said tract of land; thence, due south, a sufficient dis-
tance, to a point Avest of the south line of the present cor-
porate limits of said town of Carlyle ; thence, east, on the
said line, to the southwest corner of said town, continuing
thence, east, to the southeast corner of the present limits of
Carlyle ; thence, north, to the place of beginning. And all
parcels of land within the city boundaries, that are in extent
live acres and over, shall be exempt from taxation, for city
revenue, until the same shall be subdivided into lots of less
than live acres ; and each lot, when so divided, shall be
taxed as other city lots : If\ jyrovided., said large tracts of
live acres are not improved, otherwise to be taxed as other
city property.
AdditJoDs. § 3. Whenever any tract of land adjoining the city of
Carlyle shall be laid olf into town lots and duly recorded,
as recpiired by law, the same shall be annexed to and form
part of the city of Carlyle; and all parcels of land within
the said new addition, if laid into lots ot less than live acres,
and each lot when so divided, shall be taxed as other city
lots.
§ 4. When the inhabitants of said city, by the name and
style aforesaid, shall have power to sue and be sued, to plead
and be impleaded, to defend and be defended, in all courts of
law and equity, and in all actions whatsoever ; to hold, pur-
chase and receive property, both real and personal, in said
city; to purchase, receive and hold property, both real and
personal, beyond the city, for burial purposes and for other
purposes, for the use of said inhabitants of said city ; to sell,
lease and convey or dispose of property, and do all other
things in relation thereto as natural persons.
ARTICLE SECOND.
OF THE CITY COUNCIL.
Aid rmen.
§ 1. There shall be a city council, to consist of a mayor
and board of aldermen.
^ 2. The board of aldermen shall consist of four mem-
of the
Election of alder-
CITIES. . 1^7
bers, who shall be chosen by the qualified voters, for two
years,_ and hold their office until others shall be elected and
qualiiied.
J 3. No person shall be an alderman [unless] at the time
of his election he shall be a freeholder in said city, and shall
have resided in the limits of said city one year next preced-
ing his election, and shall have the requisite qualifications to
vote for state officers, to be a resident of the city, and a cit-
izen of the United States.
§ 4. It shall be the duty of the present trustees, or the wards
mayor and aldermen that succeed them, to divide the said "^^■
city of Carlyle, at any time that they may think it necessa-
ry to divide the said town, into wards, distinctly defining
the boundaries of each, and designating the places in which
their respective votes shall be cast. After they shall so di-
vide the said town into wards there shall be two aldermen
elected from each ward, who shall be the aldermen for the
ward in which they shall be elected, and reside in the same;
but, until said city shall be so divided into wards, there shall
be one mayor and four aldermen elected, who shall reside
in and be a freeholder- in said city of Carlyle.
§ 5. If any alderman shall, 'after his election, remove
from the ward for which he is elected, or ceases to be a free-
holder in said city, his office shall be declared vacated. The
mayor and aldermen shall serve for such compensation as
the city council shall determine ; which shall not exceed one
dollar each for each day of tlieir stated meetings ; and they
shall meet at least once in each month.
§ 6. At the first meeting of the city council, the alder-
men shall be divided, by lots, into two classes. The seats of
the first class shall be vacated at the expiration of the first
year, and of the second class at the end of the second year,
so that one-half of the board shall be elected annually.
§ 7. The city council shall judge of the qualifications,
elections and returns of their own 'members, and shall de-
termine all contested elections under this act.
§ 8. 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 ordi-
nance.
§ 9. The city council shall have power to determine the
rules of its own proceedings, punish its members for disor-
derly conduct, and with th"e concurrence of two-thirds of the
members elected, expel a member.
§ 10. The city council shall keep a journal of its pro- i!e-""''s
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.
§ 11. No alderman shall be appointed to any office un-
der the authority of the city, that shall have been created
Official oaths.
1S8 CITIES.
or the emoluments of whicli shall have been increased,
durin<>- the time for which he shall have been elected ; nor
shall he be engaged in any contract with said corporation
while serving as such alderman.
§ 12. All vacancies that shall occur in the board of al-
dermen shall be filled by election.
f^ 13. The mayor and each alderman, before entering
upon the duties of their office, shall take and subscribe an
oath or make affirmation that they will support the constitu-
tion 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 skiU'and ability.
§ 14. Whenever there shall be a tie in an election of
alderman, the judges of election shall certify the fact to the
mayor, who shall determine the same by lot, in such manner
as shall be provided by ordinance.
§ 15. There shall be twelve stated meetings of the city
council in each year, at such times and places as may be
])rescribed by the city council.
ARTICLE TIIIKD.
OF THE CHIEF EXECUTIVE OFFICE.
Mayor. The chief executive officer shall be a mayor, who shall be
subject to all the requirements, and the proceedings shall be
the same as are laid down in the first, second, third, fourth,
fifth and sixth sections of the third article of an an act enti-
tled "An act to incorporate the city of Centralia," approved
February 18, 1859.
ARTICLE FOURTH.
OF ELECTIONS.
Election of city § 1. Ou tlic tirst Mouday of April next an election shall
officers. ^^ j^^l^ .j^ ^Yie city, for one mayor, and one marshal, one street
commissioner, one city surveyor, one treasurer and assessor,
one police magistrate for the city, four aldermen ; and, for-
ever thererafter, on the first Monday of April, in each year,
there shall be an election for one mayor, one marshal, one
street commissioner, one city surveyor, one treasurer and
assessor for. the city, and one-half of the aldermen, or, if di-
vided into wards, one from each ward.
First board of § 2. C. H. Grithousc, D. N. Moore, John Rhooe, Wm.
trustees.""' Trusdal aud William Morton, shall constitute a board of
trustees of said city of Carlyle. The said trustees shall, by
ordinance, provide for the first election of all the ofiicers to
be elected under this act; shall canvass the votes and declare
who are duly elected, and make returns of the election to
the clerk of the county court and to the secretary of state,
of the election of mayor and of police magistrate, in the
CITIES. 189
same manner that returns are made of the election of justi-
ces of the peace.
§ 3. All white male inhabitants, over the ao;e of twenty- Q""i'ficafions of
1 -IT 11 PI' 1 ^ voters.
one years, who are entitled to vote tor state otncers, and who
shall have been actual residents of said town one year next
preceding the election, and who shall have paid such city
tax as they may be subject to, shall be entitled to vote for
city officers : IWwided, that said voters shall give their votes
in the wards in which they may respectively reside.
ARTICLE FIFTH.
OF LEGISLATIVE POWERS OF THE CITY COUNCIL.
§ 1. The city council shall have and exercise all the Provisions of
legislative powers as have the city council of the city of fer"made a^'ii-
Centralia, in the county of Marion, in this state, as in article *^^'''^'-
fifth in an act entitled "An act to incorporate the city of
Centralia," approved Feb. IStli, 1859.
§ 2. The style of the ordinances shall be, "^e it ordained
hy the city council of the city of CarlyleP
ARTICLE SIXTH.
§ 1. The powers, duties, obligations, and mode of pro-
ced.ure shall be the same, within the corporate limits of the
city of Carlyle, and Clinton county, as are given to the
mayor, council, police magistrate, marshal, and other similar
officers, in articles six, seven and eight, in "An act entitled
' an act to incorporate the city of Centralia,' " approved
February 18, 1859.
§ 2. This act to take effect and be in force from and
after its passage.
Approved February 22, 1861.
AN ACT to amend the charter of the City of Decatur. In force February
20, 1S61. '
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assemhly, That section
one of article two of "An act to repeal an act entitled an
act to incorporate the city of Decatur, and re-charter the
same," be so amended as to read as follows, viz: "All that change of the
district of country in the county of Macon, and state of II- "'^ ^'■^*^-
linois, contained within the following limits, to- wit: the
southwest quarter of the northeast quarter, and the south
half of the northwest quarter, and the south half of section
eleven, and the southeast quarter and the east half of the
southwest quarter of section ten, and the east half and the
CITIES.
east half of the west half of section fifteen, and the west
half and the west half of the east half of section fourteen,
all in township sixteen north, of range two east of the third
principal meridian, with such other additions of land as may
be incorporated with, and come under the jurisdiction of
said city, is hereby erected into a city, by the name of
" The City of Decatur."
Approved February 20, 1861.
In force February AN ACT to amend an act entitled " An act to incorporate Dallas Citv," ap-
--• ^*''^- proved February 18th, 1859.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the
boundary of said Dallas City is understood and hereby de-
Boundaries. clarcd to bc as follows, to-wit : Beginning on the county line
between Hancock and Plendei'son counties, one mile east of
the center of said Dallas City, as established by the act to
wliich this is an amendment, approved February the 18th,
1859, and running one mile north, thence west two miles,
thence south two miles, thence east two miles, thence north
one mile, to the place of beginning, containing within its
limits the west half of section thirty- six, (36,) all of sec-
tion thirty-live, (35,) and the east half of section thirty-four,
(31,) in Henderson county, and the west half of section one,
(1,) all of section two, (2,) and the east half of section three,
(3,) in Hancock county.
Assessments. § 2. Tlie asscssor of said Dallas City shall, in each year,
make an assessment of the taxable property, according to
his best judgment of the value thereof, and shall make out
a list of the same, showing the names of the owners, when
they can be ascertained, a description of the property, whe-
ther real or personal, assessed to each, and the amount of
his valuation of the same.
Nuni.rioii order § 3. Thc dcscriptiou shall be in numerical order, in case
of (lescripiion. ^^ j.^j^^ estate, SO tar as practicable ; and in case the present
owner of any real estate cannot be ascertained, the same
shall be assessed, in such numerical order, as unknown. But
in case the present owner of any real estate is ascertained,
by listing or otherwise, and whenever any owner of real
estate shall neglect or refuse to list the same, it shall be the
'duty of the assessor to perform such listing in his or their
names ; then such real estate shall be assessed to the owner
or owners thereof, respectively. The assessor shall subdi-
vide lots, hy correct descriptions, when the same are owned
in parts hy dilferent individuals, and when he can ascertain
such ownership and description with reasonable certainty,
r
CITIES. 191
and shall assess to each his part only. Persons residing in
the city shall deliver to the assessor a list of their property,
both real and personal, on or before the first day of August
in each year. The assessor shall, also, in cases where such
list is not furnished, or is not satisfactory, call upon each
tax payer, when practicable, and request a list of his or
her property subject to taxation by the city, and assess the
same.
§ 4. The assessor shall have power to examine any per- Sweanng to as-
son, under oath, touching the amount and value of the real '*''^*"'"''' ''^'•
and personal property which the person is required to list ;
and if any person shall swear falsely, he or she shall be
deemed guilty of perjury, and liable for the same under the
criminal law of the state, as in other cases of perjury ; and,
in case of the refusal of any person to swear or afhrm, the
assessor shall be governed in his assessment by the best in-
formation he can obtain and his own judgment.
§ 5. The assessor and collector shall, before entering oath of the as-
upon the duties of their ofhce, shall take and subscribe an ''■'*°''-
oath or affidavit, that they will well and faithfully perform
the duties of their respective offices, to the best of their
skill and ability.
§ 6. The assessor shall make the assessment hereinbe-
fore provided for, between the second Monday in May and
the first day of September following, in each year; and
shall, on or before the last named day, return a complete
assessment list into the office of the city clerk, there to re-
main for public inspection, for the period of fourteen (14)
days, during which time all persons feeling aggrieved may
file with the city clerk their complaint, in writing, briefly
setting forth wherein they deem themselves aggrieved by
said assessment, and describing the property, of the assess-
ment of which they complain.
§ 7. The assessor shall, upon said return being made, Pui.ucation of
give notice in some newspaper published in Dallas City,
or by posting notices in three public places, that the assess-
ment for that year is completed and deposited in the city
clerk's office, and request all persons feeling aggrieved to
tile their complaint, aforesaid, with the city clerk: Provi-
ded, hoivever, that ,the city council may extend the time
for making the return ; and, in case the time is extended,
such notice shall be given and complaints filed, after said
return is made, for the same length of time and in the same ^
manner as if said return had been made the first day of
September.
§ 8. So soon as practicable, after the expiration of the compuunts.
period mentioned for inspection of said assessment and
tiling complaints against the same, the city council shall
meet; and the city clerk shall lay before the council said
assessment list, together with all complaints aforesaid,
touchhig the same ; and the council, together with the as-
192 CITIES.
sessor, if practicable, shall carefully examine all complaints
filed, and shall make such alterations and amendments in
said assessment list as shall be deemed just and equitable.
They shall, also, cause any additions to be made to said list
of property, found to be omitted, or which may not have
come to the knowledge of said assessor ; and if, in any
event, any real estate shall be omitted for any year or years,
the same, when ascertained, shall be equitably assessed,
and the back taxes thereon collected with the taxes of auj
current year. The city council shall cause all errors in
Corrections. said list to bc corrected, as far as practicable, on the total
amount of taxable property, to be ascertained as near as
can be, and the same to be set down at the end of said list.
The said assessment list, when examined and corrected, as
aforesaid, shall be certified to by the assessor, as near as
may be, in the following form : "1 do certify that the fore-
going assessment list for Dallas City, for the year ,
contains a true assessment of all the taxable property within
said city for said year. , city assessor ;" and so tile
the assessment list with the city clerk, and shall take from
said clerk a receipt for the same, showing the total amount
of taxable property ; which receipt he shall file with the
city treasurer.
Lev.ving of taxes. § 9. Thc city couucil sliall, as soon as practicable after
the said list is corrected and the amount of taxable property
ascertained, proceed to levy such a sum or sums of money
as may be sufficient for the several purposes for which taxes
are authorized to be levied, particularly specifying the pur-
poses for which the same are levied, which levy shall be
recorded in the records of the city, and shall be and form a
part thereof.
Tax made a lien § 1^' -^^^ taxcs and asscssments, general and special,
on real estate, levied Or asscsscd by the city council under this act, shall
be a lien upon the real estate upon which the same may be
levied, imposed or assessed, for two years from and after
such levy, and on personal property from and after the
delivery of the assessment list or roll to the collector for the
collection thereof until paid ; and no sale or transfer shall
aft'ect the lien ; any personal property belonging to the
debtor may be taken and sold for the payment of taxes due
from said debtor, on real or personal estate; and the real
estate shall be liable for the taxes on personal property, in
case of removal, or when the tax cannot be made out of the
personal property, in the same manner as is prescribed by
the laws of this state : Provided^ that in case the collection
of any assessment shall be delayed by injunction, or other
special proceedings, the same shall continue a lien, unless
■ set aside, upon the real estate for the period of two years
from and after the final disposition of such injunction or
other judicial proceedings.
CITIES. 198
§ 11. The city clerk shall, within thirty days after the ^^l^ °\i^^^
levy of the tax by the city council, make out a fair copy of warrant.
said assessment list, and rule therein separate columns, in
which the tax levied shall be respectively set down, oppo-
site the name of the person or such real estate subject there-
to, and shall attach to said assessment list a warrant, signed
by the mayor or acting mayor and clerk, with the corporate
seal thereto attached, authorizing the collector to collect the
sums of money so levied in said assessment roll or list, and
pay the same over to the city treasurer, and take his receipt
for the same ; and shall deliver the same to the collector
and take the collector's receipt for the said assessment list,
showing the whole amount of taxable property and the
total amount of taxes therein ; which receipt shall be filed
in his office.
§ 12. The collector, after having given sufficient bond Manner of coi-
and security, shall, upon the receipt of said assessment list, " °^ * ® **"■
proceed to the collection of the taxes therein specified ; and
for that purpose shall call at least once on the person taxed,
or at his usual place of residence or business, if in the city,
and shall demand payment of the taxes charged to him on
his property ; and the oath of the collector shall be allowed,
in all cases, to prove such demand : Provided, however, that
the collector may give notice of the time and place when
and where he will attend with the tax list and receive
taxes ; which notice shall be published in some newspaper
in said city, and shall be published twice ; and such notice
shall be deemed a demand, and a neglect to pay taxes for
twenty days thereafter shall be deemed a refusal.
§ 13. In case any person shall refuse or neglect to saie of property
pay the tax imposed upon him the collector shall levy the ^""^ '^''•
same, by distress and sale of the goods and chattels of the
person who ought to pay the same: Provided, however,
that the collector shall have power to collect said taxes,
with interest and cost, by suit, in the corporate name of the
city, in any court of competent jurisdiction ; and no set-off
shall be allowed in. any such suit.
§ 14. The collector may, after demand and refusal, as seizure of per-,
aforesaid, and before, in case of probable loss to the city re- ^"^' property,
venue of tax due the city on any property, real or personal,
on said tax list, seize any personal property of the owner or
any person having listed or consented to the listing in his
name, or any property which has been duly listed by the
assessor, as herein before provided, of such property of suffi-
cient value to satisfy the taxes and costs due thereon, and
may, from time to time, make such further seizure as may
be necessary for that purpose. He shall cause any property
80 seized to be advertised for sale ten days, by posting
notices in three public places, containing a description of
the property, and stating the time and place of sale thereof,
or, by publishing a similar notice once in some newspaper
—17
1^94 CITIES.
published in said city ; which notice shall be published at
least ten days before the day of sale ; and, on the day of
sale, shall sell the same, at public vendue, at the place
named in said notice, to the hip^hest bidder, and a})ply the
proceeds to the satisfaction of the taxes and costs for which
the same was seized, after deducting five per centum for
making such seizure and sale, and shall pay the overplus, if
any, to the owner thereof, on demand. The said tax list
shall be a sufficient warrant for the collector to make such
seizure and sale, and in all cases arising under this act
the said assessment list shall be evidence on the part of
the city.
§ 15. An 3^ person ma}^ pay taxes on such portion of any
real estate as he may have claim to: Provided,, he will
furnish the collector with a plain and certain description
thereof. Upon the payment of any tax to the collector, he
shall make an entry in his tax list of the name of the per-
son paying ; and if the payment is made on property, by
different descriptions or in different parts or parcels from
the description thereof made by the assessor and shown by
said tax list, he shall enter a particular description thereof
and of the amount paid, and shall deliver to the person pay-
ing a receipt, stating the time of payment, by whom pay-
ment is made, a correct and plain description of the proper-
ty paid on, the total amount paid, and the year or years for
^ which the taxes are paid.
Delinquent tax § 16. After liaviug made due effort to collect the taxes
"^"- due on said tax list, and on or before the first day of ]\Iarch,
in each year, the collector shall return said tax list into the
office of the city clerk, there to be tiled and remain ; and
shall, also, at the same time, make out and return to the
city clerk, a delinquent list, truly taken from said tax list,
of the taxes remaining unpaid thereon, and for which he
can find no personal property to satisfy the same and costs.
The collector shall append to said delinquent list an affida-
vit, as near as may be in the following form : " I do solemn-
ly swear (or affirm, as the case may be,) that the foregoing
delinquent list contains a true copy from the tax list of
Dallas City, for the year , of the taxes remainiug un-
paid on said list, and for which I can find no personal pro-
perty to satisfy the same. , collector ;" which oath
or affirmation may be administered by any person qualified
to administer oaths under the laws of this state : Provided^
however, that the city council may extend the time for the
collector's return for fifteen days.
Appovai ana § 17. Upon tlic retuHi, aforesaid, of said original and delin-
quent tax list!"' <inent tax list, the city council, so soon as practicable, [shall]
examine the same, and shall allow and credit the collector
with all delinquent taxes in said delinquent list contained,
which they shall be satisfied could not have been collected
by due diligence ; and shall make final settlement with the
CITIES. 195
collector of the revemie aforesaid collected by liim. Upon
the examination and settlement aforesaid the city clerk shall
receive and file the said delinquent tax list, and shall exe-
cute to the collector his receipt therefor, showing the total
amount of taxes remaining unpaid on said delinquent list ;
which receipt the collector shall file with tlie city treasurer,
and the city clerk shall, from thenceforth, stand charged
with the collection of said delinquent taxes.
§ 18. The city council may, from time to time, by order, Cniicctor to pay
direct the collector to pay into the city treasury all taxes -"''*'■ ^™''^-
collected by him, or to make settlement therefor with the
city council ; and, in case of default of the collector in any
matter material to the security or collection of the city
revenue, nnder this act, the city council shall canse the col-
lector's bond, aforesaid, to be put in suit for such default.
§ 19. The city clerk shall give bond, with security, to citycievk'sund.
the satisfaction of the city council, to Dallas City, in a penal-
ty of double the amount of taxes remaining unpaid on said
delinquent tax list, and conditioned for the faithful dis-
charge of his duties as collector of the delinquent tax list,
and for the payment of the moneys collected thereon into
the city treasury ; which bond shall be filed with the city
treasurer ; and the city clerk shall thereon be authorized to
receive the taxes unpaid on said delinquent tax list, and
shall have the same power to collect the same, by distress or
otherwise, in all respects, that the collector had.
§ 20. The city clerk shall, as soon as practicable, after Duplicate deiin-
receiving the list, make out two lists of delinquent taxes. '"''"^"' ''^'"
In one list he shall insert all the delinquent taxes of that
part of Dallas City, situated in Hancock county, and de-
liver the same to the collector of said Hancock county ; in
the other list he shall insert all the delinquent taxes of that
part of Dallas City situated in Henderson county, and de-
liver the same to the collector of Henderson county. Before
delivering the said lists to the collectors, as aforesaid, the ,
city clerk shall append to said delinquent list an aflidavit,
as near as may be, in the following form : " I do solemnly
swear (or affirm, as the case may be,) that the foregoing
delinquent list contains a true copy from the tax list of
Dallas City, in Hancock (or Henderson, as the case may
be,) county, for the year , of the taxes remaining un-
paid and for which no personal property is found to satisfy
the same. , city clerk."
§ 21. The said collector of said counties shall receive coimty cuiiect-
said delinquent tax lists, and, thereon, shall be authorized *""* '*"*'*'•
to receive the taxes unpaid on said delinquent tax list, and
shall be required to proceed and collect the same, in the
same manner and form, in all respects, the same as delin-
quent state and county taxes are collected by law in said
counties. Certificates of purchase and deeds made in pur-
suance of this act, shall have the same force and virtue as
other certificates of purchase and deeds, made pursuant to
1&6 CITIK8.
the revenue laws of this state. All moneys collected, pur-
suant to this act, shall be, by the officer collecting the
same, after deducting his fees, paid into the treasury of
Dallas City.
Deputy marshals. § 22. It shall be lawful for any marshal of said Dallas City
to appoint one or more deputies ; which appointment shall
be in writing, filed in the office of the city clerk ; and any
deputy, when so appointed, and having taken the oath of
office required to be taken by the marshal, shall be and is
hereby authorized to perform any and all duties required of
the marshal, by \nrtue of his office, in the name of the mar-
shal ; and the marshal shall be liable for any neglect or
omission of the duties of his office, occasioned by such depu-
ty, in the same manner as for his own personal neglect or
omission ; and any bond or secm-ity taken by any marshal
from his deput}^, to indemnify such marshal, shall be good
and available in law. If any deputy, so appointed and
qualified, shall reside in that part of Dallas City situated in
another county from the residence of said marshal, he is
authorized and required to do all acts in such county in
which he shall so reside the same as the marshal might do
should he reside in such county.
jaiisdiction of § ^^- The police magistrates and justices of the peace,
police ms^gis- residing within the incorj)orate limits of Dallas City, in
either county, shall have the same jurisdiction, in all suits
and actions whatever, as police magistrates and justices of
the peace now have by law in Peoria county.
Dallas City town- § 24. All that part of Dallas City situated in Hancock
*^P- county, together mth the east half of section one, (1,) all of
sections two, (2,) eleven, (11,) twelve, (12,) thirteen, (13,)
fourteen, (14,) twenty-three, (23,) twenty-four, (24,) twenty-
five, (25,) twenty-six, (26,) thirty-five, (35,) and thirty-six,
(36,) and the east half of section ten, (10,) fifteen, (15,)
twenty-two, (22,) twenty-seven, (2Y,) and thirty-four, (34), of
Pontoosuc township, in said Hancock county, shall consti-
tute one election precinct or township ot said Hancock coun-
ty, and state of Illinois, to be named and known as Dallas
City, township or precinct ; and, as such, shall be entitled to
one supervisor, one town clerk, one assessor, one collector,
one overseer of the poor, three commissioners of highways,
two constables, two justices of the peace, and overseers of
highway and pound masters, as the law requires in township
organization ; and shall have all the rights, privileges and
immunities of other townships in Hancock county ; and
shall be subject, in every respect, to the same laws and re-
gulations : .Provided, that if the township organization in
Hancock county shall at any time be done away, said dis-
trict or township shall constitute one election precinct. The
first notice for a town meeting and election of officers in
said township shall be given by the county clerk of Han-
cock county.
CITIES. 197
§ 25. Sections fourteen (14) and fifteen, (15,) in article
eight, (8,) of the act entitled " An act to incorporate Dallas
City," approved February the eighteenth, (18th,) 1860, of
which this is an amendment, is hereby repealed.
§ 26. The mayor of said city and the city clerk are au- Administering of
thorized and empowered to administer oaths and affirma- °^^^^'
tions the same as justices of the peace now do.
§ 27. The place of holding elections in Dallas City pre-
cinct, Henderson county, shall be in that part of said Dallas
City lying and being in Henderson county.
§ 28. The reservation made and provided for in the
act incorporating Dallas City, and applied to the east half
of block number eight, (8,) of said city, was intended to
be applied and shall be applied to the east half of block
seven. (7.)
§ 29. This act to take effect and be in force from and
after its passage.
Approved February 22, 1861.
AN ACT to amend an act entitled "An act incorporating the city of Dixon," In force February
approved February 19th, 1859. ^^' ^®^^-
Section 1. I^e it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That the
first section of the fourth article of an act entitled "An act
incorporating the city of Dixon," be and the same is hereby
so amended as to read, " On the first Monday of March next
an election shall be held, in each ward of said city, for one Election for cUr
maj^or, one marshal, one assessor, one collector, and one
police justice for the city ; also, one alderman for each ward
of the city; and forever thereafter, on the first Monday of
March, in each year, there shall be an election held in each
ward in the city for a mayor, marshal, assessor, and a col-
lector for the city, and alderman for each ward; and on the
first Monday of March, of every fourth year, there shall be
an election for one police justice for said city."
§ 2. Also, that the first section of the fifth article of said YeXninlx""
act be and the same is hereby so amended as to read, "The '
city council shall have power and authority to levy and col-
lect a tax, not exceeding one-half of one per cent., annually,
for all revenue purposes. All taxes for revenue shall be
levied upon and according to the assessed value of the pro-
perty, real and personal, included in said corporation, as
assessed by the city assessor of the said city of Dixon, for
each year, respectively; and the city council shall have
power to cause a renumbering of lots, blocks and subdivi-
sions thereof, in said city; and to regulate the numbering
198 CITIES.
of lots and blocks, whicli may be hereafter laid out tlierein;
and to cause a map or maps of tlie city to be prepared,
showing such renumbering, and to have the same recorded
in the recorder's office of the county in which said city is
located; and, thereafter, the assessment and tax rolls or
books of said city shall be made in accordance with such
map or maps."
Official bonds, § 3. Also, that the first clause or sentence of the fourth
section of the fifth article of said act be and the same is
hereby so amended as to read, "The city council shall have
power to require of all or any officers, elected or appointed
in pursuance of this charter, such bonds to the city of Dixon,
with penalty and security, to be approved by the mayor and
a majority of the aldermen, for the faithful performance of
their respective duties, as ma}'- be deemed necessary or
expedient; and, also, to require all officers, elected or
appointed, as aforesaid, before entering upon the duties of
their respective offices, to take an oath for the faithful per-
formance of their duties."
Vote upon license g 4. Also, that the nineteenth subdivision of the fourth
que= ion. section of the fifth article of said act be and the same is
hereby so amended as to read, "To license, regulate and tax
the selling of intoxicating and malt liquors, within the city,
for one year ; for w^hich license the said council shall fix the
sum to be paid — the same to be not less than one hundred
dollars for spirituous or malt liquors, nor less than twenty-
five dollars for malt liquors : Provided, that the city council
may grant jDermits for the sale of liquor by druggists, for
medical, mechanical, sacramental and chemical purposes
only, under such restriction as may be provided by ordi-
nance : Provided.) always, that no such license shall be
granted by said council in qmj year unless, at the annual
meeting for the election of officers for that year, a majority
of the legal voters, voting at such election, shall decide to
have licenses granted ; which decision shall be determined
as follows : A ballot-box shall be provided in each ward
and labelled "License," or "JSTo License;" and the voters
shall express their desire by depositing in such ballot-box
their ballots, with the words "License," or " !No License,"
written or printed thereon ; returns of which shall be made
by the judges of election to the city council, at the same
time as returns of the election of officers of said city ; and if
a majority of the votes cast on the question shall be for
license then the council shall grant licenses, as provided in
this section ; but if a majority of the votes are against
license then the city council shall grant no license, during
that 3"ear, for the sale of intoxicating or malt liquors, and
shall declare all unlicensed vending of said liquors a nuisance,
and shall suppress the same."
Vote upon char- § 5. Tlic first, sccoud aud third sections of this act shall
ter amendments ^^^ bccomc a law, uulcss a majority of the legal voters,
CITIES.
199
voting at the next annual election for city officers, shall add
to 'their ballots for said officers the Avords " For the Law."
And the judges and officers of said election shall provide a
column in the returns of said election, and record said vote,
and certiiy the same with the returns of said election.
§ 6. The fourth section of this act shall take effect and
be in force from and after the passage of this act.
§ 7. 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.
Approved February 22, 1861.
AX ACT to legalize an act of the Common Council of the City of Dixon. In force February
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assemhly, That the
act of the common council of the city of Dixon, of issuing
orders for free bridge purposes, on the first day of January,
A. D. 1861, be and the same is hereby legalized for any and
all purposes whatever.
§ 2. This act shall not become a law, unless a majority
of the legal voters, voting at the next annual election for
city officers, shall add to their ballots for said officers the
word "Legalize." And the judges and officers of said
election shall provide a column in the returns of said elec-
tion, and record said vote and certify the same with the re-
turns of said election.
[§ 3.] This act shall be in force from and after its pas-
sage.
Appeoved February 22, 1861.
AN ACT to amend an act entitled "An act to incorporate the City of Free- In force F^ebmary
port," approved February 14th, 1855. '
Section 1. Be it enacted hy the People of the State _ of
Illinois^ represented m tlte General Assembly, That the city
council of the city of Freeport be and they are hereby
authorized and empowered to issue bonds of said city of
Freeport, drawing ten per cent, interest, per annum, to the
amount of four thousand dollars, for the purpose of cancel-
ing the present floating indebtedness of said city of Freeport.
§ 2. This act to be in force and take efl'ect from and
after its passage.
Appkoved February 20, 1861.
200
CITIES.
In force Febi-u&ry AN ACT to amend an act entitled "An act to reduce the law incorporating
■20, isei. ^jjg Q-^^y Qf Galena and the several acts amendatory thereof into one "act,
and to amend the same, and for other purposes," approved January 30,
1857.
Creation of school
district.
Maintenance
schools.
Graded schools.
General provis-
ions to be made.
Enumeration
ebildren.
Be it enacted by the People of th» State of Illinois, repre-
sented in the General AssemMy, That the act entitled "An
act to reduce the law incorporating the city of Galeim and
the several acts amendatory thereof into one act, and to
amend the same, and for other purposes," approved Janu-
ary 30, 1857, be so amended that the chapter entitled
" Schojls and School Funds" shall read as follows:
Section 1. The city of Galena, with such limits as are
now or as may hereafter be established, shall constitute one
school district; and the city council of said city shall, by
virtue of their offices, be the directors of the public schools
in and for said district.
§ 2. The said city council shall have full power and
authority, and it shall be their duty, to establish, maintain
and regulate, for at least six and not to exceed eleven
months, in each year, a sufficient number of free schools, for
the children in the district over five and under twenty-one
years of age ; and may sue for and collect all moneys arising
from any fund for the support of schools or for educational
purposes, and to which the inhabitants of said district may
now or hereafter be entitled ; which money, when collected,
shall be paid to the treasurer of the city of Galena, to be
expended by said council for the support of free schools
within the limits of said city, and for no other purpose.
§ 3. The city council shall have power and it shall be
their duty :
First: To grade the schools in said district, and make
such subdivisions of the district, for school purposes, as may
be deemed expedient.
Second: To purchase or lease sites for school houses,
with the necessary grounds, and to erect, hire or purchase
buildings, for school purposes, and keep the same in repair.
Third: To furnish schools with the necessary fixtures,
furniture, libraries and apparatus.
Fourth: To hire teachers and fix the amount of their com-
pensation.
Fifth: To prescribe the studies to be taught in the difier-
ent schools, to make all needful rules and regulations, con-
cerning the schools, and to determine upon what terms
children residing outside of said district may attend the free
schools of said district,
of Sixth: To cause to be made enumerations of the children
of said district, residing in township twenty-eight, range one
east, and twenty-eight, range one west of the fourth princi-
pal meridian, at the times and in the manner prescribed in
the school law of this state. Said enumeration to be filed
with the respective treasurers of said townships.
CITIES. 201
Seven: To appoint a board of school inspectors, not less inspectors.
than three nor more than five in number, and prescribe their
duties, and delegate to them, if deemed expedient, any or
all of the powers and duties mentioned in specifications one,
three, four, five and six, of this section.
Eight: To cause the public moneys, for the support of
schools, to which the said city or the schools therein may be
entitled, to be paid into the city treasury, and to direct the
expenditure thereof.
Nine: To levy and collect taxes for the payment of all sc^ooi taxes.
tlie expenses incident to the maintaining of free schools,
and for all the purposes herein mentioned — the said taxes to
be called "school taxes ;" and the money arising therefrom,
together with all other school moneys belonging to the city,
shall be kept as a separate fund, to be used for none other
than common school purposes.
§ 4, The city council shall cause to be prepared and Annual statement
„" ,, 111 •• r«TT^' to the sehool
forwarded to the school commissioner oi Jo Daviess county, commissioners.
on or before the second Monday of October, in each year, a
statement of school statistics for said district, similar to that
required of the trustees of schools of the various townships;
which statement shall be certified to by the treasurer of said
city; and it shall be the duty of said school commissioner
at every apportionment of school moneys in his possession, to
apportion to the said district a proportionate amount of
said moneys, upon the same basis that apportionment is
made to the several townships in the county of Jo Daviess,
and pay said amount, so apportioned, directly to the treas-
urer of the city of Galena, in the same manner as if the said
district were a distinct township; and the school reports to
said commissioner from townships twenty-eight, range one
west, and twenty-eight, range one east of the fourth princi-
pal meridian, shall not include the school statistics of the
said district or any part thereof.
§ 5. The teachers of the free schools of said district shall Teachers.
be subject to the provision of the school law, and shall make
schedules of the scholars attending school in said district, in
accordance with section fifty-three of said law, especially
specifying the township in which each scholar resides ; and
the school inspectors of said district shall certify to the cor-
rectness of said schedules. The schedules of said scholars,
and who reside in township twenty-eight, range one west of
the fourth principal meridian, shall, at least two days before
the first Monday in April and October, in each year, be
filed with the treasurer of said township. And it shall be
the duty of the trustees of schools of said township, at each
semi-annual apportionment, to apportion to said district a ^lll'^^^°^'^^l^l
proportionate amount of money, arising from the township township fund.
fund, upon the same basis that apportionment is made to
the districts in said township, outside of the city of Galena ;
and the amount so apportioned to the said district, shall be
202 CITIES.
immediately paid to tlie treasurer of the city of Galena by
the treasurer of said township. A similar course shall be
pursued with the schedules of the scholars iu said district,
and who reside iu township twenty-eii;ht, range one east of
the fourth principal meridian, and a similar duty, as to ap'
portionment and payme-nt of money arising from the town-
ship fund of said township twenty-eight, range one east of
the fourth principal meridian, shall devolve upon the trustees
of schools and the treasurer of said last named township.
§ 6. The legal voters residing in said district shall have
the right to vote for trustees of schools, for the township in
which they respectively reside.
§ 7. 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.
§ 8. All laws conflicting wuth this act are hereby so far
modified and repealed as to give full effect and efficiency to
all the provisions of this act.
§ 9. This act shall take effect from and after its passage.
Appkoved February 20, 1861.
In force February ^x ACT to amend an act entitled "An act to reduce the la^v incorporating
■' ■ the City of Galena and the several acts amendatory thereof into one act,
and to amend the same, and for other purposes, approved January 30th,
1857, and to equalize the ratio of representation of the towns of East and
West Galena, including the (Jity of Galena, in the Board of Supervisors of
Jo Daviess county."
Section 1. Be it enacted hy the Peojyle of the State of
lU'mois^ 7'epresented in the General Assembly, That the sev-
Eieotion of bu- Gral wards in the city of Galena shall be entitled to elect
wMdr"^^ '° '^^ ^^^"^ supervisor in each ward, in addition to the township
supervisors in the towns of East and West Galena ; and the
several superv^isors, so elected, shall be members of the board
of supervisors of Jo Daviess county, and shall have, possess
and enjoy all the rights, powers and privileges that are now
or hereafter shall be possessed and enjoyed by the several
township supervisors of the said county of Jo Daviess.
The election of such additional supervisors to be held at the
same time as the election of township supervisors, and in
the same manner, and at the same place or places, as is
now or may hereafter be provided by law and by ordinance
or resolution of the city council of said city, for the election
of aldermen in the several wards in said city: Provided,
that the number of wards in said city shall not be increased
by the said city council of the city of Galena, so as to give
said city of Galena more than five supervisors, in addition
CITIES. 2()3
to the township supervisors of the said towns of East and
West Galena.
§ 2. The whole of section two of article entitled "Mis-
cellaneous Provisions," of an act entitled "An act to reduce
the law incorporating the city of Galena and the several
acts amendatory thereof into one act, and for other purposes,"
approved January 30, 185Y, and so much of section two of
article first of said act as is inconsistent with this act, are
hereby repealed.
§ 3. This act shall take effect on the first day of April
next.
Approved February 12, IS 61.
AN ACT to authorize the vacation of certain grounds in the City of Joliet, In force February
and for other puposes. 21, 1S61.
Section 1. Be it enacted Jjy the Peojple of the State of
Illinois ^represented in the General Assembly, ThoX the board
of supervisors of Will county be and they are hereby author-
ized and empowered, by and Avitli the consent of the com-
mon council of the city of Joliet, to vacate, sell, dispose of
and duly convey the blocks of ground upon which the court
house and jail of said county now stand, or either of them,
or any part thereof, and for such price and upon such terms
as they deem for the best interest of said county.
§ 2. Said board of supervisors are hereby empowered Erection of court
to purchase and acquire, within said city of Joliet, suitable
grounds and to erect and build thereon a new court house
and jail, for the use of said county of Will; or, if they shall
deem it more advisable, they may improve, repair, enlarge
or rebuild the present court house and jail, or either of them,
or consolidate both in one, upon the ground where the court
house now stands, and do the same in such manner as
will best meet the wants and subserve the interest of said
county.
§ 3. For the purpose of raising the necessary funds for issue of bonds,
the purposes aforesaid, said board of supervisors may issue
the bonds of said county, of the denomination of one thou-
sand dollars, each, in an amount, not to exceed fift}^ thousand
dollars, in the aggregate. Said bonds to be equally divided
into ten classes, and so arranged that the first class shall
become due in twenty-five years after the date thereof, and
the other classes, one in each successive year, after the first
class shall become due, until the whole shall become due.
The same to be signed by the chairman of said board, coun-
tersigned by the clerk thereof, and have the corporate seal
of the county court of said Will county thereto attached,
304 CITIES.
and to bear interest at the rate of ten per centum, per anninn,
payable, semi-annually, by the county treasurer of said
county of "Will; and, for the payment of which, a special
tax shall be levied upon the taxaV)le property of said county,
in time to meet and provide for the first class of said bonds,
and the interest then becoming due, and, annually, thereafter,
as said bonds and interest shall become due.
§ 4. This act shall be in force from and after its passage.
Appboved February 21, 1861.
In force February AN ACT to amend the charter of the Citj' of Joliet.
22, 1S61.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly .^ That sections
one (1) and three, (3,) of article fourteen, (1-1,) of an act entitled
"An act to reduce the law incorporating the city of Joliet
and the several acts amendatory thereof into one act, and to
amend the same," approved January 31, 1857, be and the
same are repealed, and the offices thereby created abolished.
EiecUoH of »oiice | 2. There shall be elected, at each annual municipal
election of said city, hereafter to be held, one police magis-
trate, who shall hold his office for four years, and shall be
commissioned, qualified, and have such jurisdiction, powers,
emoluments, and perform such duties, and conform to such
rules and regulations, as is provided in the remaining sections
of the article of the act to which this is amendatory.
§ 3. This act to take efi'ect and be in force from and after
the 4th day of March next.
Appkoved February 22, 1861.
mx^Mst a 1.
la force February ^^ ^Q,p ^^ amend the charter of the City of Litchfield, approved February
18, 1861.
16th, 1859.
Section 1. Be it enacted hy the People of the State of
Illinois^ rep>resented in the General Asseim>ly^ The city magis-
CTty magistrate, tratc shall be clcctcd quadrennially, and shall give bond, and
be qualified, and be commissioned as are other justices of
the ])eace, under the statutes, and shall hold his office until
the election and qualification of his successor.
City raarsiiai. § 2. The city marshal shall, as constable, give bond, and
be qualified and commissioned as are other constables.
city § 3. The city clerk shall be appointed by the city council,
at the first regular meeting in the municipal year, and shall
CITIES. JOS
hold his office during the pleasure of the city council, not
exceeding one year.
§ 4. The city council shall have power to levy a yearly Road tax.
poll tax, not exceeding three dollars, _^^ carpita, on all male
inhabitants of said city of Litchfield, over twenty-one years
of age and not over fifty years of age, to be levied and col-
lected as are other city taxes; which said poll-tax shall belong
to the highway fund of said city.
§ 5. The city council shall, also, have power to require
each male resident of the city to perform highway labor on
the streets of said city, not exceeding three days in any one
year.
§ 6. Xo special election shall be held to fill any vacancy Fiiung of vacan-
in the office of mayor, alderman or city magistrate, provided "*'"
such vacancy occur within three months of the next annual
election. In such case the vacant office shall be filled at
such next annual election.
§ 7. Section twenty-seven, of article thirteen, of said
charter, is hereby repealed.
§ 8. So much of the act approved February 27th, 1854,
entitled "An act for the better government of towns and
cities and to amend the charter thereof" as is not inconsist-
ent with this act, nor with the act of which this is an amend-
ment, shall constitute a part of the charter of said city of
Litchfield.
§ 9. This act shall take eflfect from and after the first day
of March next.
Appeoved February 18, 1861.
AN ACT to incorporate the City of Lake Forest. In force February
21, 1S61.
ARTICLE L
OF BOUNDARIES AND GENERAL POWERS.
Section 1. Be it enacted hy the Peojple of the State of
Illinois, represented in the General Assembly, That the
inhabitants of the town of Lake Forest, in the county of
Lake, and state of Illinois, be and are hereby constituted a
body politic and corporate, by the name and style of "The corporate name.
City of Lake Forest;" and by that name shall have perpet-
ual succession, and may have and use a common seal, which
they may change and alter at pleasure,
§ 2. All lands embraced within the present plat of the
town of Lake Forest, as the same is recorded in the office of
the clerk of the Lake county circuit court, and all additions
to said town plat, which may hereafter be laid out and duly
recorded, is declared to be and shall constitute the territorial
200 CITIES.
limits of said city of Lake Forest : Provided, the city coun-
cil shall have power, and they are herel)y authorized, to
extend the limits of said city, at any regular meeting, west,
to a point not exceeding one-half of a mile west of the pres-
ent most westerly point of the western limits of said city.
Said territory, so added, not to extend further north nor
south than the extreme northern or southern limits of said
city, as herein established, on condition, however, that two-
thirds of the property holders, holding the lands sought to
be embraced, shall consent to such extension of the city
limits : Provided, further, that no tract of land, exceeding
ten acres in area, within the territory thus added, shall be
taxed for general city purposes.
Wards. § 3. The present board of trustees of the town of Lake
Forest shall, on or before the second Monday of April next,
divide the said city of Lake Forest into two wards, as nearly
equal in population as possible, particularly describing the
boundaries of each.
ceneru corpo- §L The inhabitants of Said city, by the uamc and styJc
rate'powers. aforcsaicl, shall have power to sue and be sued, to implead
and be impleaded, defend and be defended, in all courts of
law and equity, and in all actions whatsoever ; to purchase,
reserve and hold property, both real and personal, in said
city; to purchase, receive and hold property, both real and
personal, beyond the city, for l3urial grounds or for other
public purposes, for the use of the inhabitants of said city;
to sell, lease, and convey or dispose of property, real and
personal, for the benefit of the city, and to improve and
protect such property; and to do all other things in relation
thereto as natural persons.
ARTICLE 2.
OF THE CITY COL'NCIL.
Aldermen.
§ 1. There shall be a city council, to consist of a mayor
and board of aldermen.
§ 2. Tlie board of aldermen shall consist of two mem-
bers from each ward, to be chosen by the qualified voters,
for two years, and by general ticket, until otherwise ordered
by the city council.
§ 3. No person shall be an alderman, unless lie slia_ll_ be,
at the time of his election, twenty -one years of age, a citizen
of the United States, a resident of the ward for which he is
elected, and shall be a freeholder of property located within
the bounds of said city, and, after the first election under
this charter, shall have resided one year within its limits.
§ 4. If any alderman shall, after his election, remove
from the ward for which he is elected, his office shall thereby
become vacated.
§ 5. At the first meeting of the city council the aldermen
shall be divided, by lot, into two classes; the scats of those
CITIES. QQY
of the iirst class shall be vacated at the expiration of the first
year, and of the second class at the expiration of the second
year, so that one-half of the board shall be elected annually
§ 6. The city council shall judge of the qualifications!
elections and returns of their own members and shall
determine all contested elections. '
§ Y. A majority of the city council shall constitute a Quorum
quorum to do busmess, 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 ordinance.
§ 8. The city council shall have power to determine the
rule of its proceedings, punish its members for disorderlv
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 proceed- Joumai.
ings, 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. '
§ 10. No alderman shall be appointed to any office under
the authority of the city which shall have been created or
the emoluments of which shall have been increased durino-
the time for which he shall have been elected. ^
§ 11. All vacancies that shall occur in the i3oard of alder- vacancies.
men shall be filled by election.
§ 12. The mayor and each alderman, before en t eri u o- oatii of office.
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 the election shall certify the same
to the mayor, who shall determine the same, by lot, in such
manner as shall be provided by ordinance.
§ U _ There shall be four stated meetings of the city Aiontwy n^eet-
council m each year, at such time and j^laces as may be ="='■
prescribed by ordinance.
ARTICLE 3.
OP THE CHIEF EXECUTIVE OFFICER.
§ 1. The chief executive officer of the city shall be a
mayor, who shall be elected by the qualified voters of the
city, and hold his office for one year, and until his successor
shall be elected and qualified.
§ 2. Xo person shall be eligible to the office of mayor
who shall not have been a resident of the city for one year
next preceding his election, or who shall be under twenty-
one years of age, or who shall not at the time of h's election
be a citizen of the United States and shall be a freeholder
of property located within the bounds of said city : From-
The mayor.
50$ CITIES.
ded, however, that at the first election under this charter the
term of residence shall be ten days, in lieu of one year as
above. , . i i in
■ ^ 8 8 If anv mayor, durino- the time for T^diich be shall
Vacancy in office. 8 '^- ^^ '''^V ^Y^J^^) ^'" rt 1 11 u^
have been elected, remove Irom the city, his othce shall be
vacated.
§ 4. When two or more persons shall have an equal
number of votes for mayor, the judges of election shall
certify the 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,
■ the city council shall determine the same in such manner as
may be prescribed by ordinance.
§ 6. Whenever the mayor shall absent himself, tempo-
rarily, from the city, the board of aldermen may appoint
one of their number mayor, pro Urn., who shall act during
such absence, and shall perform all the duties of the office ;
and, in case the mayor's office shall, for any cause, become
vacated, the board of aldermen shall elect one of their num-
ber mayor, for the balance of that term.
Mayor pro tem.
ARTICLE 4.
OF ELECTION
Qualification of
voters.
Election for city § L On the sccoud Tucsday of April next, an election
officers. gi^all be held in said city, for one mayor for the city, and
two aldermen for each ward ; and forever thereafter, on the
second Tuesday of April, of each year, there shall be an
election held, for one mayor for the city, and one alderman
for each ward. The first election for mayor and alderman
shall be held, conducted and returns thereof made as may
be provided by ordinance of the present trustees of the town
of Lake Forest.
§ 2. All free white male inhabitants, over the age ot
twenty-one years, who are entitled to vote for state officers,
shall be entitled to vote for city officers : Provided, the city
council may, at any time, require, by ordinance, that said
voters shall give their votes for mayor and aldermen in the
wards in which they respectively reside, and in no other ;
and that no vote shall be received at any of said elections
unless the person offering the same shall be, at the time, an
actual resident of said ward.
ARTICLE 5.
OF TIIK LEGISLATIVE POWERS OF THE CITT COrNCIL.
§ 1. The city council shall have power and authority to
levy and collect taxes upon all property, real and personal,
within the limits of said city, except upon the parks and
public grounds laid out within the bounds of said city, tor
CITIES. 209
educational purposes, including University, Academy and
May Flower Parks, not exceeding one i)er cent, jier annum
upon the assessed value thereof; and may eni'oi'ce the pay-
ment of the same in any manner to be provided by ordi-
nance, not repugnant to the constitution of the United
States or of this state.
§ 2. The city council shall have pow?r to appoint a Ai.pointed om-
clerk, treasurer, assessor, marshal, street commissioners and
all such other officers as may be necessary.
§ 3. The city council shall have power to require of all ofndai bonds,
officers appointed in pursuance of this charter bond, with
penalty and surety, for the faithful performance of their re-
spective 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 re-
spective offices, before entering upon the discharge of the
same ; to establish, support and regulate common schools.
§ 4. To appropriate money and provide for the payment 'Mniropnate mo-
of the debts and expenses of the city.
§ 5. To make regulations to prevent the introduction of
contagious diseases into the city ; and enforce the same,
within live miles of the city.
§ 6. 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.
§ 7. To jjrovide the city with water, and to erect pumps water irorks.
for the convenience of the inhabitants.
§ 8. To open, alter, abolish, widen, extend, establish,
grade, pave or otherwise improve and keep in repair streets,
lanes, avenues and alleys.
§ 9. To establish, erect and keep in repair bridges.
§ 10. To divide the city into wards, alter the bonnda- wards.
lies thereof, and erect additional wards as occasion may
require,
§ 11. To provide for lighting the streets and erecting
lamp posts.
§ 12. To establish, support and regulate night watches.
§ 13, To erect market houses, establish markets and
market places, to erect and keep in repair hay scales, and to
provide for the government and regulation of the same.
§ 11. To provide for the erection of all suitable build- ruwic buUdinf,'s.
ings for the use of the city.
I 15. To license and regnlate porters and fix the rate of
porterage.
§ 16. To license, tax and regulate exhibitions, shows
and amusements,
§ 17, To restrain, prohibit and suppress tippling houses. Tippling houses.
dram shops, gaming houses, bawdy houses and other dis-
orderly houses anywhere within two mih s of the University
Park in said city,' within said city, and within the limits of
one mile beyond the boundaries of said city.
—18
210 CITIES.
Fire department. § 18. To provide fop tliG prevention and extingiiisliment
of fires ; and to organize and establish lire companies.
§ 19, To regulate the fixing of chimneys, and fixing
the flues thereof.
Census. § 20, To provide for taking enumerations of the inhab-
itants of the city.
§ 21, To regulate the election of the city oflicers, and
provide for removing from ofiice any person holding an
ofiice created by ordinance.
Police reguia- § 22. To rcgulatc tliG policc of the city, to impose fines,
tions. forfeitures and penalties for the breach of any ordinance,
and provide for the recovery of such fines and forfeitures,
and the enforcement of such penalties.
§ 23. To fix the compensation of all city officers, and
regulate the fees of jurors, witnesses and others, for services
rendered under this act, or any ordinance.
§ 24. 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,
ordinances be not repugnant to nor inconsistent with the
constitution of the United States or of this state. But the
city council shall not have power to borrow money or create
a debt, for any purpose, without the assent of at least two-
thirds of the legal voters of said city, and then, not to ex-
ceed one thousand dollars during the first five years from
the passage of this act.
style of ordinan- § 25. The stjle of Ordinances of the city shall be: '''■Be
'*'• it ordained hy the city council of the city of Lake Forest.''''
§ 26. All ordinances passed by the city council, in the
city, shall not be in force until they shall have been pub-
lished ten days.
Publication of or- § 2Y. The pubHcatiou of ordinauccs, and other matter,
dinances. jj^ ^^l^jg j^^t required, may be by posting copies thereof in
three public places in said city ; and tlie certificate of the
city clerk, indorsed on the original, setting forth the fact of
such posting, shall be evidence of such posting.
§ 28. The city council shall have power to jDrevent in-
decencies, within the corporation and on Lake Michigan,
within one mile of the shore thereof, and to license and au-
thorize the erection of piers or wharves, extending into said
lake.
§ 29. The city council shall have power to provide for
the punishment of ofi'enders, by imprisonment in the county
jail, in all cases, where such offenders shall fail or refuse to
pay the fines and forfeitures which may be recorded against
them.
§ 30. All ordinances of the city may be proven by the
seal of the corporation, and when printed and published in a
book or ]-)amphlet form, and purporting to be printed and
published by authority of the corporation, the same shall be
received in evidence in all courts and places without further
proof.
CITIES. 211
ARTICLE 6.
OF THE MAYOR
§ 1. The major shall preside at all meetings of the city Mayor's duties.
council, and shall have a casting vote, and no other. In
case of nonattendance of the mayor at any meeting, the
board of aldermen shall appoint one of their number mayor,
jpro tern., who shall preside at that meeting.
§ 2. The mayor or any two aldermen may call meetings
of the city council.
§ 3. The mayor shall at all times be active and vigilant Enforcement of
in enforcing the laws and ordinances for the government of '"'"•
said city ; he shall inspect the conduct of all subordinate
officers of said city, and cause negligence and positive vio-
lation of duty to be prevented and punished ; he shall, from
time to time, communicate to the aldermen such information
and recommend all such measures as in his opinion may
tend to the improvement of the Jinances, the police, the
health, security, comfort and ornament of the city.
§ 4:. He is hereby authorized to call on every male in-
habitant of said city, over the age of eighteen years, to aid
in enforcing the laws and ordinances, and in cases ot a riot
to call out the militia to aid him in suppressing the same,
or in carrying into effect any law or ordinance ; and any
person who shall not obey such call shall forfeit to the said
city a ime not exceeding live dollars.
§ 5. He shall have power, whenever he may deem it
necessary, to require of any officer of said city an exhibit
of his books and papers.
§ 6. He shall have power to execute all acts that may
be required of him by any ordinance made in pursuance of
this act.
§ 7. He shall receive for his services such salary as shall salary of,
be fixed by an ordinance of the city : Provided, that the
mayor shall not be allowed any salary during the first five
years from the date of the first election for city officers, un-
der this act.
§ 8. In case the mayor shall, at any time, be guilty of May be indicted
a palpable omission of duty, or shall willfully and corruptly f"omoffic™°''^
be guilty of oppression, malconduct or partiality in the dis-
charge of the duties of his office, he shall be liable to be in-
dicted in the circuit court of Lake county, and on convic-
tion, he shall be fined not more than two hundred dollars,
and the court shall have power, on the recommendation of
the jury, to add to the judgment of the court, that he be re-
moved from office.
ARTICLE Y.
OF THE mayor's COURT.
§ 1. There is hereby established in said city an inferior Extent of juris-
court, of civil and criminal jurisdiction, by the name of
"The Mayor's Court of the City of Lake Forest." Said
212 CITIES.
court shall have jurisdiction in all cases arising under the
ordinances ot* said citv, and shall have such criminal and
civil jurisdiction, within the limits of said city, as is or may
be conferred on justices of the peace, generally, under the
laws of this state; and all proceedings in said court shall be
conducted, as near as may be, as like proceedings are con-
ducted before justices of the peace. Judgments rendered
by said court shall have the same force and effect as judg-
ments rendered by justices of the peace.
Risht of appeal. § 2. Appcals shall be allowed from judgments rendered
by said court, to be taken and prosecuted the same and in
the same manner as from judgments of justices of the peace.
All process from said court may be served by the city mar-
shal or any constable of Lake county,
§ 3. The mayor shall be entitled to such fees -as are al-
lowed to justices of the peace for like services.
§ 4. The mayor shall have power to take acknowledg-
ment of deeds and other instruuients in writing, and to ad-
minister oaths and take depositions.
ARTICLE 8. I
PROCEEDINGS IN SPECIAL CASES. ■
Opening streets. § 1- Whcu it sliall be ncccssary to take private property
for opening, widening or altering any public street, lane,
avenue or alley, the corporation shall make a just compen-
sation therefor to the person whose property is so taken, and
if the amount of such compensation cannot be agreed on,
the mayor shall cause the same to be assessed by a jm'y of
six disinterested freeholders of said city.
Petition.^ for § 2. When the owners of all the property on any street,
changing streets ^[g^j^g^ aveuuc Or alley, proposed to be opened, widened or
altered, shall petiti(_)n therefor, the city council may open,
widen or alter such street, lane, avenue or alley, upon con-
ditions to be prescribed by ordinance; and the said petition
shall operate as a release of all damages, on the part of the
petitioners, in opening, widening or altering such public
street, lane, avenue or alley, and no compensation shall, in
such cases, be allowed to those whose property shall be taken
for the opening, widening or altering of such street, lane, ave-
nue or alley, nor shall there be any assessment of benefit or
damage that may accrue thereby to any of the petitioners.
Damages asi^ssed § 3. All jui'ors empauncled to inquire into the amount of
benefit or damage which shall happen to the owners of pro-
perty proposed to be taken for opening, widening or alter-
ing any street, lane, avenue or alley, shall iirst be sworn to
that effect, and shall return to the mayor their inquest, in
writing, signed by each juror.
§ 4. In assessing the amount of compensation for pro-
perty taken for opening, widening or altering any street,
lane, avenue or alley, the jury shall take into consideration
the benefits as well as the injury happening by sucii opening,
widening or altering of such street, lane, avenue or alley.
CITIES. . 213
§ 5. The mayor shall have power, for any good cause
shown, within ten clays after any inquest shall have been
returned to him as aforesaid, to set the same aside and cause
a nev,' inquest to be made.
§ 6. The city council shall have power, by ordinance, to spedaitax.
levy and collect a special tax on the liolders of lots on any
street, lane, avenne or alley, or part of any street, lane, av-
enue or alley, according to their respective parts owned by
them, for the purpose of paving, grading, establishing grade,
building, rebuilding, repairing, or otherwise improving side-
walks.
ARTICLE 9.
MISCELLANEOUS PRO VISIONS.
§ 1. The inhabitants of the city of Lake Forest are working of roads
hereby exempted from working on any road beyond the
limits of the city, except by order of the city council.
§ 2. The city council shall have power, for the purpose improvement of
of keeping the streets, lanes, avenues and alleys in repair, streets, etc.
to require every male inhabitant in said city, over twenty-
one years of age and under fifty, to labor on said streets,
lanes, a-. enues and alleys, not exceeding three days in each
year; and any person failing to perform such labor, when
duly notilied by the street commissioners, shall forfeit and
pay the sura of seventy-five cents per day, for each day so
neglected or refused.
§ 3. The city council shall cause to be published, annu- Annual financial
ally, a full and complete statement of all moneys received
and expended by the corporation, during the preceding year,
and on what account received and expended.
§ 4. All ordinances and resolutions passed by the presi-
dent and trustees of the town of Lake Forest shall remain
in force until the same shall be repealed by the city council
hereby created.
§ 5. All suits, actions and prosecutions, instituted, com-
menced or brought by the corporation hereby created, shall
be instituted, commenced and prosecuted in the name of the
city <_)f Lake Forest.
§ 6. All actions, fines and forfeitures, which have ac-
crued to the president and trustees of the town of Lake
Forest, shall be vested in and prosecuted by the corporation
hereby created.
§ 7. All property, real and personal, heretofore belong- city property.
ing to the president and trustees of the town of Lake Forest,
for the use of the inhabitants of said town, shall be and the
same is hereby declared to be vested in the corporation here-
by created.
' ^ 8. This charter shall not invalidate any act done by
the president and trustees of the town of Lake Forest, nor
divest them of any right which may have accrued to them
214
CITIES.
Publication
tlie law.
Ex ciilioii
wrils.
Public grounJs
City marshal.
SchooU.
prior to the passage of this act, and all acts and proceedings
of said president and trustees and other officers of said town,
are hereby declared to be legal and valid.
of § 9. The president and trustees of the town of Lake
Forest shall, immediately after the passage of this act, take
measures to promulgate this law within the limits of the
city of Lake Forest, and issue their proclamation for the
election of officers, and cause the same to be published in
said city for four weeks prior to the day of election for said
city officers.
§ 11. This act is hereby declared to be a public act, and
may be read in evidence in all courts of law and equity
in this state without proof,
of § 12. 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 anywhere within the limits
of said Lake county, and shall be entitled to the ^ same fees
for traveling as are allowed to constables in similar cases.
§ 13. The city council of said city shall have power to
provide for inclosmg, improving and regulating all_ public
ground within the city, and for the punishment of injuries
or damage done to trees, buildings or other improvements
thereon ;' to license or prohibit, tax and regulate, auctioneers,
merchants and retailers, groceries, taverns, and all places
where fermented liquors are sold, and the vendors of the
same, hawkers, peddlers, brokers, pawnbrokers, and money
changers: Provided^ that nothing herein contained shall be
construed to vest in said city council authority to grant li-
cense, in any cases or for any purposes, where the same may
be prohibited by any existing or future general law of this
state.
§ 14. The city marshal of said city shall, by virtue of
his office, be a constable of Lake county, with power to serve
process, and to do all acts that constables may lawfully do, and
shall receive the same fees as are allowed to other constables,
by law ; and shall, before entering upon the duties of his
office, in addition to the ordinary bond which may be re-
quired of him by the city ordinance, execute another bond,
and file it in the office of the clerk of tlie county court of
Lake county ; and he shall, moreover, take the same oath to
discharge the duties of his office and in the same manner
that other constables are now required to take.
§ 15. The care and superintendence of the common
schools within the city of Lake Forest, together with the
funds and estate, both real and personal, belonging to, and
Avhich may be conveyed to Lake Forest school district, shaU
devolve upon the city council of the city of Lake Forest ;
and they shall have power to appoint, at their first meetiug
after their annual election, in each year, a general superin-
tendent of public schools, for said city of Lake Forest, whose
term of office shall be for one year and until his successor
CITIES. 215
shall be duly elected and qualified; and his duties and the ^ttlTdent^"^"'"'
amount of salary shall be defined by the city council of the ^ "" '
city of Lake Forest: Promded^ however^ that the said salary
shall at no time be paid out of the school fund belonging to said
Lake Forest school district. And said city council shall have
power to make all laws and ordinances, necessary and proper
for the management of said common schools, not inconsis-
tent w^itli the constitution of this state.
§ 16. The territory embraced within the bounds of the schooi district,
city of Lake Forest, is hereby declared the city school dis-
trict; and the township funds and estate, real and personal,
belonging to townships forty-three and forty-four, range
tw^elve east, shall be divided between the city of Lake For-
est and the portions of said townships lying without the
city of Lake Forest, as follows : The trustees of schools of
townships forty-three and forty-four, range twelve east, shall,
within three months from and after the passage of this act,
appoint three respectable householders, one from the city
of Lake Forest, one from township forty-three north, of
range twelve east, and one from tow^nship forty-four north, of
range twelve east, in said Lake county, wdio, or a majority
of whom, after being duly sworn well and truly to perform
their duty, shall ascertain, as nearly as may be, the number
of white persons under the age of twenty-one years, residing
within said townships forty-three and forty-four north, of
range twelve east, both within and without the limits of said
city of Lake Forest, and they shall divide and apportion the
aforesaid townships funds and estates, according to the num-
ber of children under the age aforesaid, residing in said
townships, within and without said city of Lake Forest, and
Bhall pay over and deliver to said city the distributive share
of the said townships funds and estates, aforesaid, to which
the said Lake Forest school district may 1)0 entitled, accord-
ing to the number of white persons, under the age aforesaid, «
residing in said townships, within and without the limits of
said city, respectively; and the said commissioners shall
have power to make their deed of partition, and convey to
the city of Lake Forest its distributive share of the real es- Division ^r srhoni
tate belonging to the school fund of said townships afore- i"'"i"-''>'
said ; and in case the commissioners appointed as aforesaid,
shall refuse or neglect to perform the duties aforesaid, within
one month from the time of their appointment, the trustees
of schools of said townships shall have power to appoint
others in their stead, either in or out of said city of Lake
Forest, who shall, in like manner, perform the duties assign-
ed to the first mentioned commissioners; and said trustees
shall have power to make appointments and fill vacancies in
the same, until the objects of this act are carried into effect:
Provided, the same shall be done within twelve months from
and after the passage of this act.
216 CITIES.
§ IT. The trustees of scliools of said towiisliips forty-
three and forty-four north, raiii,^e twelve east, shall, upon
such partition "being made, pay over and deliver to the city
of Lake Forest, the funds and deeds to which said Lake
Forest school district may be entitled, according to the divi-
sion and distribution aforesaid, and shall take from the clerk
of the city of Lake Forest a receipt for the same. All dis-
trict school houses in said city of Lake Foi-est, which have
been built by taxation or voluntary contribution, shall be
and remain the property of the city, for school purposes,
and not subject to partition, as provided in the preceding
section ; but the same shall be, by said commissioners, con-
veyed to the said city, in the same manner as the property
which may be by them partitioned and set otf to said city,
as heretofore provided.
Abstract of num- § 18. It sliall be the duty of the city council of the city
ber of children. ^^ ^^^^ Forcst to cause to be furnished to the school com-
missioner of Lake county, an abstract of the whole number
of white children under the age of twenty-one years, resid-
ing in said Lake Forest school" district, within ten days after
the same shall be ascertained ; and the said school commis-
sioners shall, annuuUy, pay to the clerk of the city of Lake
Forest the proportion of the school, college and seminary
fund to which the said Lake Forest school district may be
entitled, according to the number of children under the age
aforesaid, residing in said district, taking his receipt for the
same : F/vviderX that no abstract of the number of children,
as aforesaid, residing in said Lake Forest school district,
shall be returned to said school commissioner^ oftener than
once in two years as required in other school districts. _
§ 19 All members of any fire company of the city of
Fire companies. CJ-^*^* .,. , .,'^. , -.li- i in
Lake Forest, residing in said city, during the time he shall
remain a member of such fire company and comply with
the rules and perform the duties thereof, shall be exempt
from all road and street labor, and from serving as jurors in
every case whatever : Provided, that this section shall not
be so construed as to exempt any person from any tax upon
property.
§ 20. That all general laws or parts of laws, heretotore
passed, or which may be hereafter passed, for the purpose of
addins: to or enlarging the powers of towns and cities, which
have been or hereafter may be incorporated by any special
act, or by virtue of any general law of this state, shall bo
deemed and held to apply as well for the benefit of said city
of Lake Forest as of any other ; and it shall, at all times, be
lawful for the city council of said city of Lake Forest to
claim and exercise' any and all powers wdiich may be grant-
ed by general laws for the purpose of adding to or extend-
ing the powers of towns and cities, as aforesaid.
Levy and coiiec- "§ 21. Tlic city couucll sluUl luivc powcr to providc, by
tion of taxes, o^.^i^ance, that all taxes levied, assessed and collected, uu-
CITIES. 217
der and bj virtue of the provisions of this act, shall be
assessed and collected by the officers whose duty it shall be,
by general law, to assess and collect the state' and count}^
tax for townships forty-three and forty-four north, range
twelve east, in said Lake county. If the said city council
shall wish to have said city taxes so assessed and collected,
it shall be their duty to inform the clerk of the county court,
as soon as covenient after tlie assessment is made in each
year, for state and county purposes, of the rate per cent, of
taxation levied by them for city purposes for said year; and
it shall, thereupon, be the duty of said county clerk to carry
out each and extend said tax npon the books of the assessor
and collector in the same manner that he is now required
by law to carry out and extend the district school tax, against
the name of each tax payer, whether resident or nonresi-
dent, owning property in said city ; and said city tax shall
be collected, in every respect, and the collection thereof en-
forced in like manner and with like remedies as the state
and county tax ; and shall be paid over by said collector to
the treasurer of said city, at the same time that the county
revenue is required to be paid over to the county. Any
court which shall render judgment in said Lake county,
against lands and lots in said city, for nonpayment of taxes
due the state and county, shall, at the same time, include
in the same judgment for any and all taxes which may be
due said city. For his services in carrying out, adding and
extending said tax in the books of the assessor and collec-
tor, said clerk of the county court shall receive one percent,
on the amount of tax collected. The collector shall receive collector's com-
the same compensation which may be allowed by law for i'^'^'''""'-
the collection of state and county taxes, and shall be liable,
on his official bond, for the payment of all such city tax by
him collected. The fees of the clerk and collector to be i3aid
out of the taxes thus collected.
§ 22. That so much of the act entitled "An act to estab-
lish and maintain common schools," and all other acts and
parts of acts coming in conflict with the provisions of this
act, so far as relates to said Lake Forest school district, is
hereby repealed.
§ 23. This act to take effect from and after its passage :
Provided, that an election shall be held in said city of Lake
Forest, upon the question of adopting or rejecting this char-
ter ; and if a majority of the voters at such election shall
be for rejecting this charter, then the same shall be null and
void.
Appkoved February 21, 1861.
—19
218 CITIES.
In force February AN A(3T to amend an act entitled "An act to incorporate the City of La
22,1801. Huipe," approved February 24th, 1859.
Section 1. Be it enacted ly the People of the State of
Illinois, represented in the General Assembly, That so much
Change of boun- of section number two, of article number one, of said act,
danes. ^^ which this is an amendment, as specifies the boundaries
of said city of La Harpe, be and the same is hereby amended
as follows, to wit : Beginning at the southwest corner of
section sixteen, in township seven north, of range No. five
west of the fourth principal meridian, in Hancock county,
and state of Illinois, thence, south, along the west line of
section twenty-one and the west line of the northwest quar-
ter of section twenty-eight, to the southwest corner of said
quarter; thence, east, to the center of section twenty-seven;
thence, north, to the center of the south line of section
fifteen; thence, west, to the place of beginning, containing
and including all of section twenty-one, and the north half
of section twenty-eight, and the northwest quarter of section
twenty-seven, and the west half of section twenty-two.
Anything in the said act to which this is an amendment,
which conflicts with this act, is hereby repealed.
§ 2. This act to take effect and be in force from and after
its passage.
Approved February 22, 1861.
CHAKTER OF THE CITY OF MORRIS.
In force February AN ACT to incorporate the City of Morris, in the county of Grundy, and
18,1301. State of IlUnois.
\
CHAPTER I. '
BOUNDARIES AXD TITLE.
Section 1. Be it enacted hij the People of the State of
Illinois, represented in the General Assembly, That tlie dis-
cityiiraits. frict of land, in the county of Grundy, and state of Illinois,
known and described as follows, to wit: Beginning at the
northeast corner of section number three, (3,) in township
number thirty-thrcG north, of range number seven (7) east
of the third principal meridian, running thence, west, two
(2) miles, to the northwest corner of section number four,
(4;) thence, south, along the west line of sections number four
(4) and nine, (9,) to a point ten (10) rods south of the south
line of low water mark of the Illinois river ; thence, in an
easterly direction, following the course of said river, ten
(10) rods south of the south line of low water mark of the
same, to the east line of section number ten, (10;) thence.
i
CITIES. 219
north, along the east line of sections number ten (10) and
three, (3,) to the place of beginning, be and the same is
hereby incorporated and enacted into a city, by the name of
"Morris."
§ 2. Whenever any territory or tract of land, adjoining Aiditions.
the said city of Morris, shall hereafter be subdivided or laid
off" into city or town lots, and duly recorded, as is required
by law, the same shall be annexed to and form a part of
said city ; and the provisions of this act shall be and they
are hereby declared to be applicable to the same.
§ 3. That the resident inhabitants of said city shall be c^'Torate name
and they are hereby constituted, and shall hereafter continue,
forever, to be a body politic and corporate, by the name and
style of " Morris ;" and by that name shall be known, in
law, and have perpetual succession ; and may sue and be
sued, plead and be impleaded, defend and be defended, in
all courts of law and equity, and in all actions and matters
whatsoever; may purchase, receive, hold and enjoy real and
personal property, and choses in action, within and without
the limits of said city, for the use of the inhabitants thereof,
and may sell, lease, convey, and dispose of the same, for
the benefit of said city or the inhabitants thereof, and . may
improve and protect such property ; may have and use a
common seal, and alter the same at pleasure ; and may do
all other acts, as natural persons, which may be necessary
to carry out the powers hereby granted.
§ 4. The cit}^ of Morris shall be and is hereby divided wards of the city,
into four wards, as follows, to wit :
First Waed. — All that portion of said city, which lies
south of Washington street and Tremont avenue, shall be
and is hereby established as and denominated the First
Ward.
Second Wakd. — All that portion of said city, which lies
north of Washington street and Tremont avenue, west of
Liberty street and south of the Chicago and liock Island
rairoad, shall be and is hereby established as and denomi-
nated the Second Ward.
TniED Ward. — All that portion of said city, which lies
north of Washington street, east of Liberty street, and south
of the Chicago and Eock Island railroad, shall be and is
hereby established and denominated the Third Ward.
Fourth Ward. — All that portion of said city, which lies
north of the Chicago and Kock Island railroad, shall l)e and
is hereby established as and denominated the Fourth Ward :
Provided, always, that the city council shall have and they
are hereby vested with the power and authority to alter the
boundaries of the wards of said city, and to create additional
wards, and fix the boundaries thereof.
CITIES.
CHAPTER 2.
City officci-g. § 1- "^'lie corporate powers of said city shall be vested in
a city council, to be composed of the mayor of said city and
two aldermen from each of the wards tliereof. The other
officers of said city shall be as follows, to wit : A clerk, a
treasurer, an assessor, a surveyor, an attorney, a chief and
a iirst and a second assistant engineers of the tire department,
a collector, a street commissioner, and a marshal, who shall
be, ex officio^ collector and street commissioner until such
time as the city council shall, ijy ordinance, otherwise pro-
vide : Provided^ that the city council may elect or appoint
such other officers of said city as they may deem advisable,
and, by ordinance, prescribe their powers and duties.
Term of office. § ^. All otficcrs elcctcd Or appointed under this act,
except aldermen, shall hold their offices for one year and
until their respective successors are duly qualiiied; and all
officers elected or appointed to till vacancies shall hold the
offices to which they may be so elected or appointed only
for the unexpired term thereof and until the qualification of
their successors.
Aideimen. § 3. Thc scvcral wards of said city shall be represented
in the city council by two aldermen from each ward, who
shall be bona fide residents thereof, and shall hold their
offices for two years from the time of their election and
until the qualification of their successors, one of which said
aldermen shall be elected in each w^ard, as hereinafter pro-
vided for, at each annual election,
g.ji^,.;gg § 4. The emoluments, salaries and fees of all city officers
shall be fixed and regulated by the city council, by or-
dinance ; and the same shall not be changed or altered, so
as to afi'ect any officer, during his tei-m of office.
§ 5. Any person qualified to vote at any election held
under this act shall be eligible to any office in said city.
ru-<to,iv of ndi- § 6- I^" ^^y person, having been an officer in said city,
did Looks and shall uot, withiu ten daj^s after notification and request,
deliver to his successor in office all money, property, papers,
and effects, of every descrijition, in his possession, belonging
to said city or appertaining to the office held by him, he
shall forfeit and jiay, for the use of the city, the sum of one
hundred dollars, besides all damages caused by his neglect
or refusal so to deliver; and such successor shall and may
recover possession of the books, papers, property, (fcc, aj)per-
taining to his office, in the manner prescribed by the laws
of tliis state for the recovery of the possession of personal
property,
§ 7. The n ayor and aldei-men of said city are hereby
created conservators of the peace within and for r^aid city,
and shall and they are hereby declared to be exempt from
CITIES. 221
all jury duty and from the payment of street or poll tax,
during their continuance in oftice.
§ S. When a vacancy shall occur in any elective office, ^"^a^cy.
either by a tailure of the people to elect or by the death,
removal or resignation of any incumbent, the city council
shall forthwith declare said office or offices vacant, and
order a new election ; and if, trom any cause, there shall
not be a sufficient number of aldermen of the city left to
form a quorum, it shall be the duty of the clerk to order
such election.
§ 9. In case of a vacancy occurring in the office of mayor, AcUng mayor.
or if the mayor be unable to perform the duties of his office,
by reason of temporary absence or sickness, the city council
shall appoint, by ballot, one of their number to act as mayor,
whose official designation shall be "Acting Mayor;" and the
alderman so appointed shall be and he is hereby vested
with all the powers, and shall perform all the duties, and be
subject to all the liabilities of the mayor, until the mayor
shall resume the duties of his office or the vacancy be filled
by a new election.
§ 10. Whenever a vacancy shall occur in the office of
any person elected or appointed by the city council, by death,
resignation or from any other cause, the city council shall
immediately declare such office vacant and fill the same by
a new election or appointment.
§ 11. Any person elected to any office under this act itemovais fiom
may be removed from such office by a two-thirds vote of all °^'^^'
the aldermen of said city ; but no person shall be so removed,
except for good cause, nor until first furnished with the
charges preferred against him, and heard in his own defense ;
and the city council shall have the power to compel the
attendance of witnesses and the production of papers, for the
purpose of such hearing, and shall proceed, in a summary
manner, to hear and determine the merits of the case. And
if such officer shall refuse or neglect to appear, at the time
appointed by the council for a hearing, and neglect to make
answer to the charge or charges preferred against him, the
council may declare his office vacant; and the city council
may suspend any officer until the final disposition of the
charges preferred : Provided^ that the provisions of this
section shall not apply to officers appointed under this act
by the city council. Such officers may be removed at any
time, at the discretion of the council, by a two-thirds vote
of all the aldermen.
§ 12. All persons elected or appointed to office under *^"'"*' '''"*'•
this act shall, before they enter upon the duties of their
respective offices, take and subscribe the oath of office pre-
scribed in the constitution of this state, and, within ten days
after notice of such election or appointment, file the same,
duly certified by the officer before whom it w^as taken, with
the clerk of the city. And any person neglecting so to do
'•>'-)y CITIES.
Official boud.
shall be considered as having refused to accept the office ;
and such office may be immediately declared vacant. The
mayor, before entering upon the duties of his office, shall,
in addition to the above oath, make oath or affirm that he
will devote so much of his time to the duties of his office as
an efficient and faithful discharge thereof may require.
§ 18. All persons elected or appointed under this act to
the office of clerk, treasurer, marshal, collector, and street
commissioner, shall, before they enter upon the duties of
their respective offices, severally execute to the city of
Morris a bond, in such sum and with such sureties as the
city council shall approve, conditioned that they shall faith-
fully execute the duties of their respective offices and account
for and pay over all moneys and other property belonging
to said city, received by them, which said bonds Avith the
approval of the city council certilied thereon by the clerk,
shall be filed with the clerk : Provided^ that the city council
may, at their discretion, require bonds of any and all other
officers of said city; and that no member of said city council
shall be received as surety upon any official bond.
CHAPTER 3.
Annual elections
Elective officers
§ 1. An annual election for all the officers of said city,
required to be elected by this act or by any ordinance of
said city, shall be held in" each of the wards of the city on
the first Tuesday in April, in each year, at such places as
the city council may appoint. Six days' previous public
notice of the time and place of holding such elections shall
be given by the clerk, by posting np notices of the same in
three public places in each ward, or by advertising the same
in the newspaper authorized to publish the ordinances of
said city.
§ 2. At such annual elections there shall be elected, by
■ the qualified voters of said city, a mayor, a treasurer, and
one alderman in each ward ; and the person receiving the
highest number of votes for either of said offices shall be
de'clared elected. _
§ 3. When two or more candidates for an elective office
shall receive an equal number of votes the election shall be
determined by the candidates casting lots, in the presence
of the city council.
§ 4, The judges of election shall consist of one or both
ju.iKeB of cicc- ^^^ ^^^^ aldermen of the ward and one clerk, to be chosen by
the voters present, from one of their number. If no alder-
man be present at the time appointed for the opening of the
polls, or if the alderman, being present, shall refuse to act,
the voters of the ward present shall elect one of their num-
ber to act as judge.
CITIES. 223
§ 5. The judges and clerks of all elections held under banner of hoia-
this act shall take the same oath and have the same powers '"•='''"=*""'*•
and authority as the judges and clerks of general state elec-
tions have ; and the manner of voting at, conducting and
contesting said elections, the opening and closing of tlie polls,
the keeping of the poll-lists, canvassing of the votes and
certifying the returns, shall be the same, as nearly as may
be, as at general state elections. The returns, certified as
above, shall be sealed and returned to the city clerk, within
three days after the election ; and, thereupon, the city coun-
cil shall meet and canvass the same, and declare the result
of the election. It shall be the duty of the city clerk to
notify all persons elected or appointed to office of their elec-
tion or appointment.
§ 6. All officers of said city, whose election is not sped- Appointed r.fi;-
ally provided for by this act, shall be appointed by the city
council, by ballot, at their first meeting after each annual
election, or as soon thereafter as practicable.
§ 7. Any person, qualiiied to vote at general state elec- Qualification of
tions, who has been an actual resident ot" said city for six
months and of the ward for ten days, immediately preceding
any election, shall be entitled to vote : Provided^ that such
person, if required by any judge of election or qualiHed
voter of said city, shall take the'following oath, to- wit: "I
do solemnly swear (or affirm) that 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 resident of this state one year,
and a resident of this city six months, next preceding the
election, and am now and have been for ten days last past a
resident of this ward, and have not voted at this election."
§ 8. All special elections shall be held and conducted in Special elections,
the same manner as annual elections ; and public notice of
holding the same shall be given by the clerk, in the same •
manner as is herein provided to be given of annual election^
§ 9. No qualified voter of said city shall be subject to
arrest, upon any civil process, within "said city, upon the
day upon which any election is being held in said city ; and
all persons, illegally voting at any election held" under
this act or under any ordinance of the city, shall be prosecu-
ted and punished in hke manner and to the same extent as
any person may be by the laws of this state for illegal voting
at general state elections.
CHAPTER 4.
POWERS AXD DUTIES OF OFFICERS.
§ 1. The mayor shall be the chief executive officer of Mayor-s duties,
the city and conservator of the peace therein, and shall have
for that purpose, and especially for the suppression of riots
and tumults within the limits of said city, all the powers of
CITIES.
Treasurer's
tics.
Anac'saor.
the sheriff of the county of Grundy, ineludinp: the authority
to raise the power of the county ; which authority shall be
obeyed, in the same manner and under the same penalties
as that of sheriffs, in like cases. He shall also have all the
power necessary to the due execution of the ordniances ot
the city, when, in such ordinances, he shall be directed to
execute the same.
§ 2. The clerk shall keep the corporate seal and all pa-
pers and books belonging to the city. He shall be, ex officio
clerk of the board of the city council, and, as such, shall
keep a full and complete record of all their proceedings;
and copies of all papers, duly tiled in his office, and tran-
scripts from the journals of the proceedings of the city coun-
cil, certified by him, under the corporate seal, shall be ad-
mitted as evidence in all the courts of this state, in ike
manner and to the same extent as the originals. It shall
also be the duty of the clerk to receive all moneys paid to
the city, keep an accurate account thereof, in appropriate
books 'provided for that purpose, to pay over the same to
the treasurer, as fast as received by him, taking the treas-
urer's receipt for the same, and charging him therewith.
The clerk shall draw all orders on the treasurer and couii-
tersio-n the same and keep an accurate account thereof in a
boolf provided for that purpose. Tie shall keep an accurate
account of all the receipts and expenditures ot the city, m
such a manner as the city council may direct ; and he shall,
within thirty days after each annual election, make out a
full report of all such receipts and expenditures, f-orthe year
next preceding; which, when approved by the city council,
shall be published in the city newspaper authorized to pub-
lish the ordinances of said city. The clerk shall a so have
power and authority to administer all oaths required by this
act to be taken. -^ i i n
§ 3 The treasurer shall receive from the city clerk all
"' moneys belonging to the city, giving his receipt therefor,
and pay the same out on orders signed by the mayor or
presiding- officer of the council and countersigned by the
clerk ; of all of which he shall keep a full and accurate
account No moneys shall be drawn from the treasury,
except in pursuance of a vote of the council and an order on
the treasurer, duly signed by the mayor or the presidmg
officer of the council and countersigned by the clerk ;_ which
said order shall specify for what puri.ose the same is to be
paid. It shall be the duty of the treasurer to exhibit to Uie
city council, at least twenty days before each annual election,
andoftener, if required, a full and detailed account of all
moneys he has received and paid out since the date ot tlie
last annual report. •,, , i .• • .i^ft^n
8 4 The assessor shall perform all the duties in relation
to the assessing of property, for the purpose ot levying the
taxes imposed^ by the city council, as hereinafter provided.
CITIES. 225
§ 5. The collector shall collect all taxes and assessments collector,
which may be levied or assessed by the city council, and
perform such other duties as may be prescribed by this act
or by any ordinance of the city.
§ 6. The surveyor shall have the sole power, under the surveyor's duties,
direction and control of the city council, to survey within
the city limits ; and he shall be governed by such rules and
ordinances as the city council shall adopt. In the makino-
of plats and surveys, within the city limits, he shall have
the same powers as are given by law to county surveyors ;
and the like effect and validity shall be given to his acts
and to all plats and surveys made by him as are now or may
hereafter be given by law to the acts, plats and surveys of
county surveyors.
§ 7. The attorney shall condrict all actions at law or in Attorney.
equity, to which said city may be a party or in which the
city is m any manner interested, and, in general, act as
legal counselor of the city.
§ 8. The marshal shall, within the limits of said city, Marshal.
\ivrvQ the same power and authority which a constable has
under the statutes of this state. He shall be a conservator
of the peace, within said city, and, for the suppression of
riots or affrays, shall have the same power and authority as
is given by this act to the mayor of said city, and shall per-
form such other duties as the council may, by ordinance,
prescribe.
§ 9. The engineers of the fire department shall perform rh-e department.
such duties and be subject to such liabilities as the city
council may prescribe.
§ 10, The street commissioner shall, under the direction street commis-
and order of the city council, superintend the opening of ^'°°^'"'
streets and alleys, and the grading, improving and repairing
of the same, the construction and repairing of bridges, cul-
A'erts, sewers, crosswalks and sidewalks, and such other
duties as this act or the city council may prescribe.
§ 11. The city council shall have power to require
further and other duties of all officers elected or appointed
under this act or the ordinances of the city, not conflicting
with the duties herein specially set forth.
§ 12. All officers of the city, except the mayor and officers eommis-
aldermen, shall, before entering upon the duties of their
respective offices, be commissioned, by warrant, under the
corporate seal, signed by the mayor or the presiding officer
of the city council and countersigned by the clerk.
CHAPTER 5.
CITY COUNCIL ITS POWERS A2iD DCTIES.
§ 1. The city council shall hold one stated meeting in councu meetings
each month, in each year ; and the mayor or any two alder-
men may call special meetings, by notice to each member,
—20
226 CITIES.
served personally, or left at his usual place of residence or
business. Such meetings may be held at such times and
places, within the city, as the city council may determine.
§ 2, The mayor, when present, shall preside at all meet-
ings of the city comic'], and shall have a casting vote only.
In his absence the city council shall appoint one of their
number to preside. A majority of the aldermen authorized
to be elected by this act shall constitute a quorum for the
transaction of business, but a less number may meet and
adjourn, from day to day, and compel the attendance of
absent members, imposing such penalties for nonattendance
as they may deem advisable.
Journal ' '^ ^ '^^^ ^^^^ couucil shall keep a journal of its proceed-
in|s,^and shall iiave ^'^^^er to determine the rules of its
proceedings, punish its members tor aisorderly conduct,
and, with the concurrence of two-thirds of its members, ex-
pel a member,
§ 4. The city council shall judge o£ tli0 election and
qualilication of its own members, and shall have i.At T^^^'
agement and control of the finances, and of all the property,
real, personal and mixed, belonging to said city of Morris,
and shall likewise have power, by ordinance :
General powers. Ist: To boiTow iiiouey, Oil the Credit of the city, and
issue the bonds of the city therefor : Promded^ that no sum
or sums of money shall be borrowed at a greater rate of in-
terest than ten per cent, per annum, nor shall the interest
on the aggregate of all the sums borrowed and outstanding
ever exceed one-half of the city revenue arising from taxes
assessed on real and personal property within the limits of
said city : Provided^ further, that the city council shall first
submit all proposals to borrow money to a vote of the legal
voters of said city, and which shall be approved by a ma-
jority of the voters voting at such election, before any money
shall be borrowed as aforesaid.
2nd: To appropriate money and provide for the pavmient
of the debts and expenses of the city.
3rd: To make all needful rules and regulations to prevent
the introduction and spread of infectious or contagious
diseases within the city.
4th : To establish hospitals and make regulations for the
government of the same.
Sale of liquors. ^tli • To tax, Hceiise, regulate or prohibit the selling or
giving away of any spirits, wines or other liquors, whether
ardent, vinous or fermented, by any person.
6th. To prohibit the selling or giving away of ardent
spirits or other intoxicating liquors to any child, apprentice
or servant, without the consent of his or her parent, guardian
or master.
7th : To license, tax, regulate, suppress or prohibit bil-
liard or bagatelle tables, pin alleys, nine or ten-pin alleys,
and ball alleys, or other gaming tables or alleys.
CITIES. 227
8tli : To tax, license, regulate or suppress liackmen, dray-
men, carters, porters, omnibus drivers, cabmen, packers,
carriers and all others who may pursue like occupations,
with or without vehicles, and prescribe their compensation.
9th : To tax, license and regulate auctioneers, distillers,
brewers and pawnbrokers.
10th: To license, tax, regulate or suppress hawkers and
peddlers.
11th : To license, tax, regulate or j)rohibit all exhibitions issuing of uc
of common showmen, shows of every kind, concerts or other ^^^'
musical entertainments by itinerant persons or companies,
exhibitors of natural or artificial curiosities, caravans, cir-
cuses, theatrical performances, and all other exhibitions or
amusements.
12th : To authorize the mayor or other proper officer of
the city to grant and issue licenses for any or all of the
above purposes, and direct the manner of issuing and regis-
_tering the same, and the fees to be paid therefor : Provided^
no license shall be granted for a longer term than for one
year nor for a sum less than three dollars nor more than five
hundred dollars: And., promded., further.^ that no license
shall be granted for the selling or giving away of wines or
other liquors, whether ardent, vinous or fermented, either
at wholesale or retail, or in any quantities, either by inn-
keepers or any other person or persons, as aforesaid, for a
sum less than fifty dollars, and then, and in that case, a
bond, with sureties, to be approved by the city council, shall
be taken, binding the person or persons receiving such
license to a due observance of the laws and ordinances of
the city regulating such matters.
13th: To suppress, restrain or prohibit all descriptions of Disorderly houses
gaming and fraudulent devices, and all playing of dice, '^'''•
cards and other games of chance, with or without betting ;
all disorderly houses and groceries, houses of ill fame, bil-
liard tables, nine or ten-pin alleys or other tables or alleys,
and to authorize the destruction and demolition ot all instru-
ments and devices used for the purpose of gaming.
14:th : To compel the owner or occupant of any grocery,
cellar, tallow chandler's shop, soap factory, tannery, stable,
barn, privy, sewer or other unwholsome, nauseous house or
place, to cleanse, remove or abate the same, IVom time to
time, as often as may be necessary for the health, comfort
and convenience of the inhabitants of the city.
15th : To direct the location and management of and reo--
ulate breweries, tanneries and packing houses, and to di-
rect the location, management and construction of, and
regulate, restrain, abate or prohibit, within the city and the
distance of two miles therefrom, distilleries, slaughtering
establishments, establishments for steaming or rendering
lard, tallow, oftal and such other substances, as can or may
be rendered ; and all establishments or places where any
228 CITIES.
nauseous, oifensive or nnwliolsome business may be car-
ried on.
City buildings 16th: To crcct market bouses and to establish markets
and grounds. ^^^^ market placcs and provide for the government and reg-
ulation of the same.
ITth : To provide for the erection of all needful buildings
for the use of the city.
ISth : To provide for inclosing, improving and ornament-
ing all public grounds belonging to the city.
19th: To direct the location and management of houses
for the storing of gunpowder, tar, pitch and rosin and other
combustible materials, or prohibit the same.
20th : To prevent the incumbering of the streets, side-
walks, lanes, cilleys and public grounds of the city with any
article or substance whatever.
Sidewalks. 21st : To causc cross and sidewalks, main drains and sew-
ers, private drains, and acpieducts, to be constructed and
laid, relaid, cleansed and repaired.
22nd : To cause all persons or occupants of premises to
build sidewalks and keep the same in repair in front of said
j)remises, and, when not built according to the orders of the
city council, to build and repair the same, and assess the
costs thereof against said premises, and collect the same, as
other city taxes are collected.
23rd : To compel all persons to keep the snow, ice, dirt
and all other rubbish from the sidewalk in front of the prem-
ises owned or occupied by them.
2ith : To direct and regulate the planting and preserv-
ing of ornamental and shade trees in the streets, alleys and
public grounds.
25th : To fill up, drain, cleanse, alter, relay, repair and
regulate any lots, blocks, grounds, yards, barns, slips, cel-
lars and private drains, sinks and privies, direct and regu-
late their construction, and cause the ex]Denses to be assess-
ed on the premises benefited thereby, and to collect the
same, in the same manner as other city taxes,
2(3th : To prevent horse racing and immoderate riding or
driving in the streets, lanes, avenues or alleys, and to pun-
* ish or prohibit the abuse of animals.
27th : To compel persons to fasten their horses, oxen or
other animals, while standing or remaining in the streets,
lanes, avenues or alleys.
2Stli : To regidate and determine the times and places of
batliing and swimming in the canal, river or other waters,
in or adjoining said city, and to prevent any obscene or in-
decent exhibition, exposure or conduct.
29th : To restrain and punish vagrants, mendicants, street
beggars and prostitutes.
itunninK at large 30th: To restrain, regulate or prohibit the running at
of stock. large of cattle, horses, asses, mules, swine, sheep, goats and
CITIES. 229
geese, and to authorize tlie distraining, impounding and
sale of the same, for all penalties and costs incurred.
31st : To prevent or regulate the running at large of dogs,
and to authorize the destruction of the same when at large.
32nd : To prevent or regulate the rolling of hoops, play-
ing of ball, flying of kites or any other amusement or prac-
tice having a tendency to annoy persons passing in the
street or on the sidewalks or to frighten teams or horses.
33rd : To prevent the ringing of bells, blowing of horns
and bugles, crying of goods and all other noiees, perform-
ances and devices, tending to the coll'ection of ]3ersons on
the streets or sidewalks, by auctioneers or others, for the
purpose of business, amusement or otherwise.
34:th : To provide the city with water, and to erect hy-
drants, cisterns and public wells and pumps.
35th : To prevent the dangerous construction and condi- prevention of
tion of chimneys, fire-places, hearths, ovens, stoves, stove- ^''®^-
pipes, engines, boilers and other apparatus used in and
about any building or manufactory, and cause the same to
be removed and placed in a safe and secure condition, when
considered dangerous.
36th : To require the inhabitants to provide as many fire
buckets, and in such manner and time as they shall pre-
scribe where they shall be kept, and to regulate the use o
them in times of fire.
37th : To regulate or prohibit the use of firearms and all
kinds of fireworks.
38th : To comj^el the owners or occuj^ants of houses and
other buildings to have suitable scuttles in the roofs, and
stairs or ladders leading thereto.
39tli : To provide for the prevention and extinguishment
of fires ; to procure fire engines and other fire apparatus,
and to appoint, organize and equip fire, hook and ladder,
hose, bucket and ax companies, and prescribe their powers
and duties.
4:0th : To authorize the mayor, aldermen, fire wardens
and 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 all other persons to aid in extin-
guishing fires and preserving property.
41st: To estabhsh bridges, erect and keep the same .in
repair.
4:2nd : To provide for lighting the streets and erecting Lighting streets.
lamp posts.
43rd : To establish, regulate and appoint poHcemen and
night watches, and prescribe their powers and duties.
41th : To provide for taking the enumeration of the in-
habitants of the city.
45th : To fix the compensation and regulate the fees of
jurors, witnesses and others for services rendered under this
act or any ordinance.
230 CITIES.
46tli : To regulate the measuring of wood and the weigh-
ing and selUng of coal and hay, and the place and manner
of selling the same.
4:7th : To appoint inspectors, weighers and gangers, and
regulate their duties and prescribe their fees.
48th : To abate all nuisances, and to do all acts and make
all regulations which may be necessary for the preservation
of the public health.
49th : To authorize the taking up and provide for the
safe keeping and education of all children who are destitute
of proper parental care, wandering about the streets, com-
mitting mischief, and growing up in mendicancy, ignorance,
idleness or vice.
By-iawsand ordi- 50th : The city council shall have power to make, publish,
nances. ordain, amend and repeal all such ordinances, by laws
and police regulations as may be necessary for the good
government and order of the city and the trade and com-
merce thereof, and to enforce the same, by fine or imprison-
ment, or by both : Provided,^ such fine shall not exceed one
hundred dollars, and such imprisonment shall not exceed
six months for one offense.
CHAPTER 6.
REVENUE, ASSESSMENT AND COLLECTION.
§ 1. The city council shall have power to levy and col-
lect, annually, taxes, not exceeding twenty mills on each
dollar of the assessed value of all real and personal estate
and property within the city of Morris, and all the personal
property of the inhabitants thereof made taxable by the
laws of this state for state purposes, which taxes shall con-
stitute a general fund.
§ 2. The city council shall provide, by ordinance, for
the assessment, levy and collection of taxes, in pursuance of
the foregoing section of this chapter, and shall^ have full
power and authority to provide, by ordinance, for the ob-
taining of judgments for delinquent taxes and the advertise-
ment and sale of property, real and personal, for such delin-
quent taxes, and the conveyance and confirmation of titles
thereto, not inconsistent with the constitution of this state.
Tax.
CHAPTER 7.
STRET OR POLL TAX.
^, ,,,,,„„, 5 1. Every male inhabitant, residing within the hmits
*ax, of the city ot Morris, except such as are exempted by tins
act, between the ages of twenty-one and sixty years, shall
labor three days in each year upon the streets and alleys of
said city ; but any person may, at his option, pay in lieu
thereof, to the street commissioner, one dollar and fifty
sioner's duty.
CITIES. 231
cents : Provided^ tlie same shall be paid on or before the
first day of the three days upon which he may be notified
to labor, as aforesaid, by the street commissioner. In de-
fault of payment, or labor as aforesaid, the sum of three dol-
lars may be collected, and no off'set shall be allowed.
§ 2. It shall be the duty of the street commissioner to street , commas-
report to the city council the name of every person who
shall neglect or refuse to labor or pay as aforesaid, within
thirty days after neglect or refusal, together wdth the time
and manner of notification ; and the city council shall forth-
with pass an order, authorizing and directing that a warrant
shall issue, sighed by the mayor or acting mayor and city
clerk, with the corporate seal attached thereto, directed to
the marshal, commanding him to collect said sum of three
dollars, with costs, of each and every individual whose
name shall appear on the list returned by the street com-
missioner as having so refused or neglected to pay or labor.
The oath of the street commissioner shall be deemed suffi-
cient evidence of the notice required by this chapter.
§ 3. And the city marshal is hereby authorized and
empowered and required, after receiving said warrant, to
collect said poll or street tax, in the same manner and with
the same authority as is given by this act to collectors to
collect other taxes of the city.
§ 4. All money collected for poll or street tax, either by
the street commissioner or marshal, shall be immediately
paid over to the city cleric, the clerk giving his receipt
therefor and entering the same upon the city books.
CHAPTER 8.
STREETS AND ALLEYS.
property.
§ 1. The city council shall have power to establish, open,
vacate, alter, widen, extend, straighten, grade, pave, plank
or otherwise improve and keep in repair streets, alleys, ave-
nues and lanes, in said city.
§ 2. When it shall be necessary to take private pro- condemnation or
perty for opening, widening or altering any public street,
lane, avenue or alley, the city shall make a just compensa-
tion to the person or persons whose property is taken ; and
if the amount of such compensation, cannot be agreed on
the cit}^ council shall cause the same to be ascertained, by a
jury of six disinterested freeholders of the city : Provided^
that when the owners of all the property on a street, lane
or avenue or alley, proposed to be opened, widened or alter-
ed, shall petition therefor, no compensation shall be made
to those whose property shall be taken.
§ 3. The venire for a jury, in any case under this chap-
ter, shall be issued by the city clerk, and directed to the
marshal, who shall execute and return the same, with his
indorsement thereon how and in what manner he served
the same.
232
CITIES.
Amount of dam-
ages.
Special taxes.
§ 4. . All jurors empanncled to inquire into the amount
of benefits or damages Avhich shall happen to the o"\vner or
owners of property proposed to be taken for opening, widen-
ing or altering any street, lane or alley, shall first be sworn
to that effect, and shall return to the city clerk their inquest,
in writing, signed by each juror.
§ 5. In ascertaining the amount of compensation to be
made to the owners of any property taken for opening,
widening or altering any street, lane, avenue or alley, the
jur}' shall take into consideration the benefits as well as the
injury accruing to such property or the owner thereof.
§ 6. The city council shall have power, for good cause
shown, within thirty days after any inquest shall have been
returned, as aforesaid, to set the same aside and cause a new
inquest to be made.
§. Y. Each public road within the limits of the city shall
be considered and treated as a street.
§ 8. The cit}^ council shall have power, by ordinance, to
levy a special tax on the lands or lots situated on any or
part of any street, lane, avenue or alley, according to their
respective fronts, for the purpose of paving, grading, ])lank-
ing or lighting said streets, lanes, alleys or avenues, in front
of the same, and to collect said tax in the same manner as
other city taxes are collected.
CHArTER 9.
IMISCELLANEOUS PROVISIONS.
Approval of the
mayor.
§ 1. The style of all ordinances passed by the city coun-
cil, shall be, '■'■Be it ordained hy the city council of Jloiris,''^
and shall be read three times before their final passage.
Upon the final passage of all ordinances the ayes and noes
shall be taken and recorded.
§ 2. All ordinances shall, before they take effect, be
placed in the office of the city clerk, and if the mayor ap-
prove thereof he shall sign the same, and such as he shall
not approve he shall return to the city council, with his ob-
jections thereto. Upon the return of any ordinance by the
mayor the vote by which the same was passed shall be re-
considered, and, it after such reconsideration, a majorit}^ of
all the members of the city council shall agree, by the ayes
and noes, (which shall be entered on the journal,) to pass the
same, it shall go into effect ; and if the mayor shall neglect
to ai)provc or object to any such ordinance, for a longer
period than three days, after the same shall be placed in
the clerk's office, as aforesaid, the same shall go into effect
the same as if he signed it.
Reoonsidei-iug of § 3- 1^0 voto of the City couucil sliall be reconsidered or
votes. rescinded, at a special meeting, unless the meeting be called,
in whole or in part, for that purpose, nor unless at such
CITIES. 233
special meeting tliere be present as large a number of alder-
men as were present wlien the vote was taken.
§ 4, jSTeither the mayor nor the city council shall remit
any fine or penalty imposed upon anj^ jierson for a violation
of any laws or ordinances of said city, or release from con-
finement, unless two-thirds of all the aldermen elected shall
vote for such release or remission.
§ 5. Every ordinance, regulation or by-law, imposing pubUcaiion of
any penalty, fine, imprisonment or forfeiture, for a violation '*'^^-
of its provisions, shall, after the passage thereof, be publish-
ed once in the newspaper publishing the ordinances of the
city ; and proof of sucli publication, by the aflida^dt of the
printer or publisher of such newsj^aper, taken before any
oflicer authorized to administer oaths, and filed with the
city clerk, or any other competent proof of such publication,
shall be conclusive evidence of the fact of publication and
promulgation of such ordinance, regulation or by-law, in all
courts or places.
§ G. The city of Morris shall not be required to give se-
curity for costs in any appeal or other suits to which said
city may be a party.
§ 7. The members of the fire department shall, during Fire department,
their term of service as such, be exempt from serving on
juries in all courts of this state, and from working out or
paying any poll or street tax. The name of each fireman
shall be registered with the clerk of the city ; and the evi-
dence to entitle him to the exemption j^rovided in this sec-
tion shall be the certificate of said clerk, made within the
year the exemption is claimed.
§ 8. N'o member of the city council shall, during the
period for which he was elected, receive any compensation
for his services or be appointed to or be competent to hold
any ofiice, 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 city council, or be directly or indirectly
interested in any contract, the expenses or consideration
whereof are to be paid under any ordinance of the city
council.
§ 9. The city council shall designate one newspaper, i',"^^^'^''"''" °f
printed and published within said city, in which shall be
published all ordinances and laws and all other matters, the
publication of which are required by this act or the ordi-
nances and laws of the city.
§ 10. The city councirshall have power to designate two Recovery of fines,
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 police
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 discretion, :
CITIES.
M'lierc discretion may be vested in them, by the ordinance,
or reguhition, or by this act.
§ 11. Execution may issue immediately on the rendi-
tion of judgment. If the defendant have no goods or chat-
tels, lauds or tenements ^vherec»f the judgment can be collect-
ed the execution shall require the defendant to be imprison-
ed in the jail of Grundy county, for a term not exceeding
six months, in the discretion of the magistrate or court ren-
dering judgment ; and all persons who may be committed
under this section shall be confined one day for each fifty
cents of such judgment and cost.
§ 12. All fines collected for and on behalf of the city
shall be forthwith paid to the city clerk by the person col-
lecting the same.
^ 13. ISTo person shall be an incompetent judge, justice,
witness or juror, by reason of his being an inhabitant or
freeholder in the city of Morris, in any action or proceeding
in which the said city shall be a party in interest.
§ li. 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 de-
clare, generally, in debt, for such penalty or forfeiture, stat-
ing the clause of tliis act or the ordinance, by-laws or police
regulations under which the penalty or forfeiture is claimed,
and to give the special matter in evidence under it.
§ 15. In all prosecutions for any violation of any ordi-
nance, by-law, police or other regulation or this act, the
first process shall be a summons, unless oath or affirmation
be made for a warrant, as in other cases.
§ 16. AUofiicers of the city, created conservators of the
f)eace by this act, shall have power to arrest, or cause to be
arrested, with or without jDrocess, all persons who shall
break or threaten to break the peace, and conmiit them to
the county jail, and there detain them until an examination
can be had before the prc>per ofticer, and shall have and ex-
ercise such other powers, as conservators of the peace, as the
city council may prescril)e.
§ 17. All ordinances, 1)y-laws, regulations and resolu-
tions, now in force in the city of Morris, and not inconsis-
tent with this act, shall remain in force, under this act, until
altered, modified or repealed by the city council created by
this act, after this act shall take efiect. And all actions,
rights, fines, penalties, and forfeitures, in suit or otherwise,
which have accrued under the act incorporating the city of
Morris, shall be vested in and prosecuted by the corporation
hereby created. And all property, real, personal or mixed,
or choses in action, belonging to the city of Morris, is here-
by vested in the corporation created by this act.
§ 18. All ordinances of the city, when printed and pub-
lished by authority of the city council, snail be received
in all courts, without further proof.
CITIES. 235
§ 19. All officers of the city of Morris, now in office,
shall, respectively, continue in the same, until superseded in
conformity to the provisions hereof, but shall he governed
by the provisions of this act.
§ 2U. This act shall not invalidate any legal act done by
tlie common council of the city of Morris, 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.
§ 21. ■ This act shall be deemed a pul)lic act, and may be
read in evidence, without proof, and judicial notice shall be
taken thereof in all courts and places.
§ 22. The act entitled "An act to incorporate the city of
Morris, in Grundy county," passed February 18th, 1857, be
and the same is hereby repealed, on the adoption of this act,
as hereinafter provided.
§ 23. This act shall not become a law, until it shall first vote upon this
be submitted to the legal voters of the city of Morris, for '''""■'®''-
tlieir adoption or rejection, in the manner following : The
city council of the city of Morris shall, at the earliest op-
portunity, after the passage of this act, appoint a time for
the holding of an election of the legal voters of said city ;
of which ten days' notice shall be given in the newspaper in
said city in which the official acts and proceedings of said
dty are published. Said election to be held and conducted
in other respects, in accordance with the ordinances of said
city regulating elections. Those voting for this act, shall
vote a written or j)rinted ballot, on which shall be the words
"For ISTew Charter," and those voting against it shall vote a
written or printed ballot, on which shall be the words,
"Against New Charter." If a majority of the votes at said
election be "For 'New Charter," then this act to become a
law from and after said election ; but if a majority of the
votes at said election shall be "Against New Charter," then
this act shall not become a law.
Appkoved February 18, 1861.
AN ACT to amend the charter of the City of Metropolis. In force February
21, 1861.
Qualification
voters.
Section 1. Be it enacted hy the People of tlie State of
Illinois, represeiited in tlie G-eneral Assembly , That all white
male citizens of the state of Illinois, over the age of twenty-
one years, who have been residents of said city, three months
prior to any election, and all white male inhabitants over \
the age of twenty -one years, who have resided in said city j
twelve months ju-ior to any election, shall be legal voters: |
i
236
CITIES.
CcUection
fines.
Provided^ that said Aotcrs shall give their ^otes fur mayor
and aldermen in the wards in wliich the}' shall respectively
live, and in no other way ; and no vote shall be received at
any election in said city unless the voter offering snch vote
shall have been an actual resident of the ward where the
same is offered at least ten days next preceding such election ;
and section two, of article four, of an act to amend an act
entitled "An act to incorporate Metropolis City," approved
February 18th, 1859, is hereby repealed.
§ 2. That section 5, of article 9, of said act, is hereby
amended, b}^ adding the words "and December" after the
word "May," and the statement mentioned in said section
shall be published in a newspaper in said city.
§ 3. That all of section 10 and the last clause of section
one, of article 9, of said act, are hereby repealed ; and all
fines collected before the city judge or any justice of the
peace, in said city, shall be paid into the city treasury.
This act shall be in force from and after its passage.
Approved February 21. 1861.
In force February
22, 1861.
AN ACT to amend the City charter ol Macomb.
Section 1. Be it enacted by the Beople of the State of
Illinois, represented in the General Assemhly, That section
six, of article two, of the city charter of the city of Macomb,
in this state, be and the same is hereby so amended as to
read as follows, to- wit : "Section 6. Whenever an}- vacan-
cy shall occur in the ofhce of mayor or alderman, such \a.-
cancy shall be filled by a new election ; and the city council
shall order such special election within ten days after the
happening of such vacancy, or as soon thereafter as they
shall deem it expedient. Any vacancy occurring in any
other office, may be filled by appointment of the city council.
§ 2. All acts or parts of acts, inconsistent herewith, are
hereby re]")ealed.
§ 3. This act shall take effect and be in force from and
after its passage.
Approved February 22, 1861.
^" ^"22*^ fsci^'"^ -A-N ACT to amend an act cutillcd "An act to incorporate tlic City of New
' ■ Boston," iu force February 21, 1859.
Section 1. Be it enacted hy the People of the State of
Illinois, reiyresented in the General Assemhly, That there
shall be elected by the legal voters of the city of New Bos-
CITIES. 237
ton, on the first Monday of jVIarcli next, and every four Election of pouce
years thereafter, a police magistrate for said city. Said eleo- "'*''^'^*''*'*^-
tion to be conducted, in all respects, the same as the election
for other city ofhcers.
§ 2. Said pohce magistrate, when elected, shall be com-
missioned and qualified in the same manner as justices of the
peace are, and shall have equal jurisdiction in the county of
Mercer, with other justices of the peace of said county; and
he shall, also, have jurisdiction, in all cases arising under
the ordinances of said city ; and said magistrate shall be
entitled to exercise the same powers and shall have the same
emoluments and fees as justices of the peace are entitled to
for similar services, and to be collected in the samemamior:
Provided, the city council may make such additional allow-
ance to said magistrate as they may deem just and expe-
dient.
§ 3. The criminal jurisdiction of said j)olice magistrate Jurisdiction.
shall extend to all penalties and offenses arising under any
ordinance of said city ; and he shall also have, in addition
thereto, the same criminal jurisdiction that justices of the
peace have.
§ 4. In all cases arising under the statutes of the state change of venue.
of Illinois, within the jurisdiction of justices of the peace, a
cliange of venue shall be allowed from said police magis-
trate to the nearest justice of the peace, to be applied for in
the same manner and granted on the same condition and in
the same manner as changes of venue from justices of the
peace now are.
§ 5. The city marshal of said city, and all constables of
the county of Mercer, and all police constables of said city,
respectively, shall be, and are hereby authorized to execute
all process and orders issued or made by said police magis-
trate.
§ 6. Appeals shall be allowed from the decision of said Appeals.
police magistrate, in all cases, to be applied for and taken in
the same manner that appeals from justices oi the peace may
be taken.
§ 6. In case of the death, resignation or removal from
tlie city, of the said police magistrate, his office shall be
deemed thereby vacated; and such vacancy shall be
filled by special election for that purpose, notified and con-
ducted in the same manner as is now provided by law, fcir
sjjecial elections for justices of the peace.
§ Y. That the city council of the said city of ]S^ew Bos- Estaiaishment or
ton shall have power to establish, erect, make, regulate and &l ^' ^ '"^^"'
repair public wharves, docks, slips and landing places, within
said city, and provide for the levying and colleting of wharf-
age thereat, and to assign landing places for steamboats and
other crafts and vessels ; and shall have power to presribe
rules and regulations for watermen, boatmen and all other
persons landing boats or vessels of any description and trans-
23S CITIES.
acting business at such wharves, docks, shps, and landing
places.
§ 8, The said city council shall have power to regulate
the erection and repair of private wharves, docks, slips and
landing places in said city, and to fix the rates of wharfage
thereat, and to compel the owners thereof, or persons using
the same, to pay a hcense therefor.
Ferry license. § 9. The sa'id city couucil shall have the exclusive pow-
er to grant license to ferries across the Mississippi river, the
landing place of which shall be within the corporate limits
of saicf city, and under such rules and regulations, and at
such rates, as they may ordain.
This act shall be in force from and after its passage.
Approved Tebruary 22, 1861.
In force February ^^x _^CT to amend an act entitled "An act to charter the City of Ottawa,"
20, 1S61. approved February 10th, 1853.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly ^^ That on the
Annual elections, third Monday of March next, and on the third Monday of
March, in each year thereafter, an election shall be held in
each ward of said city, for one mayor for said city, and for
one alderman for each ward. The mayor shall be a resident
of the city, and the aldermen of the wards for which they
are respectively elected ; and each shall hold his oflice until
his successor is elected and qualified. Section one of arti-
cle four, of an act entitled "An act to charter the city of
Ottawa," approved February 10th, 1853, is hereby repealed.
This act to be in force from and after its passage.
Approved February 20, 1861.
In force February AN ACT to amond an act entitled "An act to establish free schools in the City
18, 1861. of Ottawa, in the County of La Salle."
Section 1. Be it enacted hy the People of the State of
Plinois, represented in the General Assembly, That, on the
Board of educa- first Tucsday of March next, there shall be elected, by the
''°"- voters of each ward, qualified to vote tor aldermen, two
directors, residents of said ward ; all of said directors, so
elected, to constitute the board of education of said city.
It shall be the duty of the city council, within three months
next after said election, to divide said directors, by lot, mto
two classes. The terms of office of the first class shall
CITIES,
239
expire at the end of one year, and that of the second class
at the end of two years, so that there shall be an election in
each Avard, annually, thereafter, on said first Tuesday of
March, by the qualified voters of each ward, of one director
whose term of office shall be two years. When a vacancy vacancies,
shall occur there shall bean election to fill it; and whenever
new wards shall be created there shall be an election of two
directors, whose term of office shall expire at the same time
as that of the other directors. And the voters of said new
wards shall, at the first election, designate in their ballots
which director shall be for the long term and which fur the
short terra. Said election shall be" held and conducted and
returns thereof made, in all respects, as is now provided in
this chapter in relation to the election of aldermen. And in
case of a tie the proceeding shall be the same as is now
provided in the case of aldermen. It shall be the duty of
the mayor to give at least ten days' notice of each election '
by publishing a notice of the time and j^lace thereof in one
or more of the city papers ; but the omission of the mavor
to give notice of an election, which is to take place on a day
fixed oy tl::"^ ^ct, shall not render such election illegal.
§ 2. The president oi'' th^- board of education shall hold Term of office,
his office for one year; the clerk and treasurer of said board
shall hold their offices for two years, and until iLsir succes-
sors are appointed and qualified,
§ 3. The minimum age for admission to the school shall
be six years.
§ 4. All prior acts and parts of acts, in conflict with the
provisions of this act, are hereby repealed.
§ 5. This act shall be deemed a public act, and shall take
efiect and be in force from and after its passage.
Appeoved February IS, 1861,
AN ACT to provide for supplying tlie Citj of Ottawa with sweet and whole- in force February
some water. 20, 1S61.
Section 1. Be it enacted ly tlie People of the State of
Illinois, rejjresented in the General Assemhhj^ That John D.
Caton, and his associates, are hereby created a body corpo-
rate, by the name of "The Ottawa Water Works;" and for
that purpose are hereby invested with all the requisite and
necessary powers to carry out the pur)3oses of this act.
§ 2. The said corj)oration is hereby empowered to sup- supply of water,
ply citizens and corporations of the city of Ottawa with
water conveyed through pipes or other conduits, upon such
terms and conditions as may be agreed upon; and for this
pui-pose the said corporation is authorized to enter upon and
2-iO CITIES.
nse, excavate and open any streets, alleys and liiglnvays in
the said city, and in the vicinity, and within three miles
thereof, and "to place pipes and conduits in and npon the said
streets,' alleys and highways, doing no unnecessary damage
thereto, and restoring the said streets, alleys, and highways
to their former condition, as near as may be, without unneces-
sary delay; and, also, when it shall be deemed necessary for
the purpose of increasing the supply of water, or for the
purpose of laying such pipes or conduits, or constructing
^^ng pipes/'"' reservoirs, to enter into and npon any lots or lands and
excavate the same, for the purposes aforesaid, and for repair-
ing such pipes or conduits, paying to the owner or owners
thereof such damages as may be thereby occasioned to the
' land thus entered upon, to be fixed and ascertained as dam-
ages for right of way now are under any act now in force
in this state for that purpose,
mount of cautai § ^- ^he Capital stock of the said incorporation shall not
^s"tock!^°^'''^"^ exceed one hundred thousand dollars, to be divided into
shares of one hundred dollars each ; and the said stock, and
the business and management of the said corporation shall
be controlled, regulated and managed under the by-laws
which may be passed by the said corporation, and which
shall not be inconsistent with the laws and constitution of
this state or of the United States: Provided, this company
shall acquire no rights, by virtue of this act, over and across
the Illinois river bridge, at Ottawa, or the approaches thereto,
except upon terms agreed upon.
Approved February 20, 1861.
In force February
20, 1S61.
AX ACT to amend the charter of the City of Pckin.
Streets and alley?.
Section 1. Be it enacted hj the People of the State of
Illinois, rejyresented in the General Assembly, That the com-
mon council of the city of Pekin shall have power to lay
out streets, alleys, lanes and highways, and to alter, widen,
contract, straighten and discontinue the same, within the
limits of said city ; and shall have the power to assess the
damao;es and recompense due the owner or owners of lots
or land, for riglit of way, and all other expense of any such
improvement, upon the lots and real estate benefited by the
improvement, in proportion, as nearly as may be, to the
benefits resulting to each parcel of land.
Damages occa- § 2. Whenever any street, lane, alley or _ highway, or
sioneahy open- -ylieuever auy altering, straightening or widening the same
ing streets, &c. ^^^^^^ ^_ ^ dcemcd neccssarv by the common council of said
city, the said council shalfpass an order or resolution dccla-
rin<^ the commencement, general course and terminus of
CITIES. 241
such street, lane, alley or highway. Such order shall specify
what part thereof is to be altered, straightened or widened ;
and after the passage of such resolution said council shall
give notice, by publication in some public newspaper pub-
hshed m said city of Pekin, of their intention to appropriate
and take land, necessary for such improvement. At any
time, after publishing such notice, as aforesaid, for three
successive times, it shall be lawful for said council to choose
by ballot, three disinterested freeholders, residing in said'
city, as commissioners, to ascertain and assess the damao-e
and recompense due the owners of such land, respectively;
and at the same time determine what property will be bene-
fited by such improvement, and assess the damage and
expense thereof on the real estate so benefited, in proportion,
as nearly as may be, to the benefits resulting to each lot or
parcel of property.
§ 3. The commissioners shall be sworn faithfully to exe- onpn-ni-Eioner'
cute their duty, to the best of their ability; and, before enter- '^"'^"
ing upon their duties, shall give five days' notice to all per-
sons wdio are residents of said city and who are known to
thena to be interested in the proceedings ; which notice may
be given to such person or persons personally or by leaving
the same at his, her or their usual place of abode, of the
time and place of their meeting for the purpose of viewing
said premises. But if any person or persons, known to said
commissioners, are not residents of said city, notice of the
time and place of their meeting shall be published twice in
some newspaper published in said city; the first publication
to be at least twenty days before the time of meeting. Said
commissioners shall view the premises and receive any legal
evidence, and may, if necessary, adjourn from day to day.
§ 4. The commissioners, in making their assessment, Appraisement,
shall determine and appraise to the owner or owners the
value of the real estate appropriated for such improvement
and the injury arising to them, respectively, from the con-
deumation thereof; which shall be awarded to such owner
or owners, respectively, as damages, after allowing there-
from for any benefit which such owner or owners may
derive from such improvement. In estimating such dam-
age the commissioners shall include the value of the build-
ings, (if the property of the owner of such land.) If the
damage estimated to any person be greater than the bene-
fits received from such improvement,' or if such benefit be
greater than such damage, in either case the commission-
ers shall strike a balance and carry the difference forward
to another column, so that the assessment may show what
is to be received or paid by the owner or owners, respec-
tively, and the difference only shall, in any case, be collect-
able of them or paid to them.
§ 5. If the lands and buildings belong to different per-
sons, or, if the land be subject to lease or mortgage, the
— 21.
t>42
CITIKS.
iiiinry done to such person or persons, respectively, may he
jiwarded to them by the commissioners, less the benelits
resulting to them, respectively, from the improvement.
dof ommi. § 6. Having ascertained the damages and expense of
^Zu«rg. """"''" si-ich improvement, as aforesaid, the connnissioners shall
thereupon apportion and assess the same, together with the
costs of the proceedings, upon the real estate l)y them deeuied
benefited, in proportion to the benefits resulting thereto from
the improvements, as nearly as may be, and shall describe
the real estate upon which their assessment shall be made.
When completed the commissioners shall sign and return
the same to the common council of said city, within forty
days after their appointment. _
,,,■-,. i 7 If there should be any buildmg standing, in whole
""ingr'" "" 'or in part, upon the land to be taken, the commissioners
shall also estimate the value of the building to the owner,
aside from the value of the land, and the injury m having
such building taken from him, and the value of such build-
in «• to him to remove; and if such owner shall be willing
to'^remove such building he shall be allowed such time for
that purpose as the commissioners shall allow; but if the
owner shall refuse to remove the building or take it at the
value put upon it by the commissioners, for the purpose of
removal, said commissioners shall sell such building, at puJD-
lic or private sale, for cash ; and the proceeds shall be paid
to the owner or deposited to his use; and the amount for
which such building shall be sold shall be paid to him or
deposited to his use ; the same shall be deducted from the
amount of damages assessed to him for lands and building,
both, as specified in the 4th section of this act, and the differ-
ence'only shall be paid to such owner or owners.
^^ T When the assessment has been returned by the
""'''Tiont/cou" commissioners the clerk of said city shall give notice, by at
iniUu
cil.
least two pul)lications in some newspaper published m saia
city that said assessment has been returned, and that on a
certain day, in said notice to be named, said assessment will
be confirmed by the common council of said city,_ unless
objection be made by some person interested. Objections
may be heard before the council, and they may adjourn the
hearing, from day to day, and shall have poAver to annul
said assessment, in whole or in part. If the whole is annul-
led or the whole proceedings, if confirmed, an order to that
effect shall be entered, if annulled, in part or confirmed in
part, an order to that efiect shall be entered; and said coun-
cil may refer said matter back to said commissioners, or any
part thereof; and in such case the commissioners shall pro-
ceed, in all respects, as ujion their first, appointment; and
upon notice, as above required, the council may confirm or
annul, as in this act specified in regard to the first return of
the commissioners. Said council shall have power to remove
commissioners, and, from time to time, appoint others in the
crriKs. 24c
place of such as may be removed, refuse or neglect or he
unable, from any cause, to serve.
§ 8. Any person interested may appeal from any final night of a,.pcai
order confirming the assessment of such commissioners, in
wholeor in part, of any final order directing the opening or
wideniiig or straightening any street, lane, alley or hiirhway,
to the circuit court of Tazewell county, by notice, in writino-'
tothe mayor or clerk, at any time before the expiration of
thirty days from the passage of such final order. In case
of appeal- the common council shall, within thirty days after
notice of such appeal, make a return of all the proceedings.
And the court shall, at the next term after the return filed
in the office of the circuit clerk of said county, hear and
determine such appeal, and confirm or annul the proceed-
ings. When such assessment shall be confirmed, in whole
or in part, by the common council of said city, and no appeal
shall be taken, or when such assessment, upon appeal, shall
be confirmed, in whole or in part, upon such appeal, it shall
be the duty of said council to cause the amount, as assessed
against each lot, to be certified to the clerk of the county
court of said county, whose duty it shall be to extend the
amount so assessed upon the lots and parcels of land speci-
fied ; and it shall be the duty of the collector of taxes for
the state and county to collect such tax and assessment and
to enforce the payment thereof, in the same manner, with
all the rights, power and authority he has to collect state
and county taxes, and shall be required to pay over the same
to tlie corporate order of said city, at the same time he is
required to pay over the county revenue. And the county
court of said county shall render judgment and order sale
of any lot or track, for the nonpayment of the tax or assess-
ment, as returned by said common council, as is now or may
be provided for state and county taxes; and judgments and
sale shall be rendered for the aggregate amount due for
county, state and town or city taxes. The collector shall coiiectoi-. i,.5.
receive the same compensation for collecting such assess-
ment or tax as for collecting other taxes, and shall be subject
to the same liabilities. 'No land shall be appropriated,' by
virtue of this act, until the damages awai-ded therefor to
any owner thereof shall be paid or tendered to such owner,
or, in case such owner cannot be found in the city, deposited
to his or her credit in some place of deposit.
Approved February 20, 1861.
1:'44 CITIES.
In i.iivc; Fobiuary AX ACC to iuuciid an act entitled '"An act to incorporate the Git}- of Peo-
20, 1S61. pj^^)) Jq force December 3 J, 1844, and the ec\eral acts amendatory
thereto.
Sectiox 1. Be it enacted hy the Peoj^le of the State of
Illinois^ repremnted in the General Assembly, That the
Tim.! of huiding tiuiG foi" holdiiig the annual charter election in the citj of
election. PeoHa, foi* inajor, aldermen and other city officers of said
city, shall be and the same is hereby changed from the last
Monday in jSTovember, of each year, to the second Tuesday
of March, of each and every year, and that the first election
for said officers, under this act, shall take place and be held
on the second Tuesday of March, a. d., 1862, and forever
thereafter, on the second Tuesday of March, of each and
every year.
Continuance in § 2. That the mayor of said city, who was elected on
(^sice of mayor, i\yQ 26th day of Novcmber, a. d., 18*60, siiall hold over and
remain in said office until the third Tuesday of March, a. d.,
1862, and until his successor shall be f[ualiiied ; and that
the aldermen of said city, whose term of office will expire,
under the ordinances of said city on the first Tuesday in
December, a. d., 1861, shall hold over and remain in office
until the third Tuesday in March, a. d,, 1862 ; and the alder-
men of said city whose term of office will expire, under the
ordinances of said city, on tbe first Tuesday in December,
A. D., 1862, shall hold over and remain in office until the
third Tuesday of March, a, d., 1863 ; and the clerk, attor-
ney, assessor, treasurer, collector, marshal, deputy marshal
and the two police constables of said city, who were elected
on the twenty-sixth day of ISTovember, a. d., 1860, shall hold
over and remain in their respective offices until the third
Tuesday of March, a. d,, 1862, and until their successors
shall be elected and qualified.
Clerk, attorney § 3. The clerlv, attorney, assessor, treasurer, collector
and other ofli- ^^^^ marshal of said city, who may be elected on the second
Tuesday of March, a. d., 1862, and those w^ho may be elect-
ed to said offices every year thereafter, shall hold their re-
spective offices for one year, from the first Tuesday follow-
ing their said election, which will be the third Tuesday of
March, and until their successors shall be elected and quali-
fied. And in case a vacancy, from any cause, shall occur in
any of the offices mentioned in this section, the same shall
be immediately filled by an election or appointment by the
city council of said city ; and the officer thus elected or ap-
pointed, shall serve out the unexpired term of the officer in
whose place he may be chosen, and shall be subject to all
the laws, rules and liabilities regulating other city officers.
§ 4. In case of a tie ^'ote between any two or more can-
didates for any one of the said offices, at any election of the
Cjualified voters of the said city, or in case the election of
any of said officers shall be contested, the same shall be de-
CITIES. 245
termined by the city council of tsaid city, in the same man-
ner as is or may be provided by the ordinances of said city
for determining a tie vote or a contested election of mayor
or aldermen of said city.
§ 5. That the said city council shall have })uwer to pro- i{^-mov»ifrom of.
vide, by ordinance, for the removal from office of any officer
of said city, elected either by the qualified voters of said
city or by tiie said city council, for incompetency, negligence,
dereliction or violation of duty; and whenever the said
council shall deem it the interest of said city to make such
removal. And the ordinance and ordinances of said city,
now in force in regard to the subject matter of this section,
and applicable to su-h officers as may be elected by the said
city council, shall and the same are hereby made applicable
to officers elected by the qualihed voters of said city; and
the said ordinance and ordinances shall remain and con-
tinue in force, without repassing, until the same be changed
or amended by the said city council : Provided, that tliis
section shall not apply to mayor or aldermen of said city.
§ 6. That the office of deputy marshal of the said city Deputy mai-simi.
be and the same is hereby abolished, from and after the
third Tuesday of March, a. d., 1862.
§ 7. That from and after the third Tuesday of March, Poi'ce.
A. D., 1862, the mayor of said city shall have power and au-
thority, and it is hereby made his duty, to appoint such
number of police constables, on the day and night police, as
said city council shall deem necessary, with power to re-
move the same from office, at pleasure, or whenever, in the
opinion of the said mayor, the interests of said city require
such removal, and to apj)oint others in their places. Said
ajDpointments to continue in force until the removal from
office or the death or resignation of sn,id officers.
§ 8. That so much of any act of the general assembly
or any ordinance of the city of Peoria as provides for the
election or appointment of any of said police constables, by
the qualihed voters of said city, or by the city council of
said city, be and the same is hereby repealed, from and
after the third Tuesday of March, 1862.
§ 9. That the city council of said city shall have power ooiddi bonds.
to prescribe the duties of all citj' officers, and shall, when-
ever they deem the interest of the said city require it, com-
pel any city officer to give such additional security on his
official bond as may be approved of by the said city coun-
cil, and shall have power to remove him from office, in case
he fails or refuses to comply with any such requirement.
§ 10. That the said city council shall have power, by Houses of iii fame,
ordinance, to restrain, suppress and abate houses of ill fame, *''*^"
bawdy houses and houses of assignation, within the limits
of said city of Peoria, and within five miles from the outer
boundaries of said city; and shall have power to impose
fines and penalties upon any person or persons for keeping,
2i0
CITIES.
remaining at or frequenting tlie same, and to compel any-
person to testily in all cases touching the same : , Provided^
that such witnesses shall not be punished for any thing dis-
closed in such testimony.
City limits. § 11. That the west half of section eight, (8,) the south
half of the south-west quarter of section hve, (5,) and the
north half of the south-east quarter of section five, (5,) in
township eiglit (8) north, eight (8) east of the fourth princi-
pal meridian, in the county of Peoria, be and the same are
hereby declared and deemed to be within the corporate
limits of the city of Peoria.
§ 12. That all laws and ordinances and parts of laws
and ordinances, inconsistent with this act, be and the same
are hereby repealed ; and this act shall be and hereby is
declared to [be] a public act.
Appkoved February 20, 1861.
In force February
20, 1S61.
AN ACT to authorize the City Coiuicil of the City of Quincy to levy and col-
lect a two-mill tax
Sinking fund.
Vote upon tax.
Sinking fund
commissioners.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That in addi-
tion to the powers of taxation now vested by law in the
city council of the city of Quincy, tlie said city council are
hereby authorized to levy and collect an annual tax, not
exceeding two mills on the dollar upon all real and personal
property in said city ; which tax, when collected, shall be
a part of the sinking fund of said city, and shall be applied,
exclusively, to the payment of the principal of the outstand-
ing bonds of said city, in such manner as the city council
thereof shall, by ordinance, direct.
§ 2. At the next succeeding annual charter election, in
said city of Quincy, this act shall be submitted for approval
to a vote of the people thereof, at which election all voting
in favor of levying the tax aforesaid shall vote ballots hav-
ing the w^ords "For the Two-Mill Tax" written or printed
thereon, and all opposed to levying the said tax shall vote
ballots having the words "Against the Two-mill Tax"
written or printed thereon ; and if a majority of the votes
cast at said election are "For the Two-Mill Tax" then this
act shall be valid and take eft'ect from the day of said
election ; otherwise this act shall be void.
§ 3. The tax aforesaid, when collected, shall not be paid
into the treasury of the city, but shall be kept and disburs-
ed, under the direction of the city council, by an officer
to be appointed by the council, who shall be styled the
" Sinking Fund Commissioner of the City of Quincy," and
CITIES. 24-7
shall liold Ills office for two years from tlie date of liis ap-
pointment, until his snccessor is appointed and rpialiiied :
Provided., that no person holding an office nnder the char-
ter of the said city of Quincy shall be appointed such sink-
ing fund commissioner.
§ 4. The said- sinking fund commissioner shall give cc.n.n,i»6ioner'8
bond in the sum of thirty thousand dollars, with security, '"""'■
to be approved by the city council ; which bond shall be
payable to the city of Quincy, and shall be conditioned for
the faithful discharge of the official duties of tlie said com-
missioner.
§ 5. The said commissioner shall disburse the funds he
has in his hands, as directed by the city council : Provid-
ed, that he shall never pay out any portion thereof, except
in liquidation of the principal of bonds issued by the city
of Quincy, or mayor and council thereof^ and outstanding
at the date of this act.
Appeoved February 20, 1861.
AN ACT supplemental to an act entitled "An act to establisli a Board of in force February
Education in the City of Quincy."
•2i, 1N61.
Section 1. Be it enacUd hy the People of the State of
Illinois, rejjresented in the General Assembly, That the
salary of the superintendent of public schools in said city of ^"JJ^j;^ "^°'^'^"''*
Quincy shall be audited and paid by the board of education
created by the act to which this is supplemental, out of the
school fund of said city.
§ 2. £e it further enacted, that the superintendent of Appointment of
public schools, aforesaid, shall be appointed by the city ^"'*""*'"
council of said city at the same time and in the same man-
ner as is prescribed for the appointment of the board of
education, by the act to which this is supplemental ; and
the said superintendent shall hold his office for the term of
one year and until his successor is duly appointed and
qualified, unless sooner removed by the majority of said
city council.
§ 3. Be it further enacted, that this act shall be deemed
a public act, and take effect and be in force from and after
its passage.
Appkoved February 22, 1861.
24:8 CITIES.
In force February AN ACT to enable the City of Quincy to cstalilish a Sinking Fund, to reduce
2i 1S61. ^Ij^; Qjty Jj^IjI; .,iiJ ultimately to reduce the City taxes.
Section 1. Be it enacted hy the Peojyle of the State of
Illinois^ represented in the- General AssenJjJy, That in ad-
T,3^._ ditiou to the powers of taxation now vested by Lt,w in tlie
city council of the city of Quincy the said city council are
hereby authorized to levy and collect an annual tax, not
exceeding two mills on the dollar, upon all real and j^ersonal
property in said city ; which tax, when collected, shall be
a part of the sinking fund of said city, and shall be applied,
exclusively, to the payment of the principal of the outstand-
ing bonds of said city, in such manner as the city council
thereof shall, by ordinance, direct.
Special election. § 2. As soou as may be, after the passage of this act, the
city clerk of said city shall call a special election, to be held
by the qualified voters of said city, at the usual places of
voting, in the several wards of said city, by giving at least
ten days' notice thereof^ by publishing a notice thereof,
with a copy of this act, in all the daily and weekly news-
papers of said city ; at which election all voting in favor of
levying the tax aforesaid shall vote ballots having the
woi'ds^" For Reducing the City Debt," written or printed
thereon, and all opposed to levying the said tax, shall vote
ballots having the words " Against Reducing the City
Debt" written or printed thereon ; and if a majority of the
votes cast at said election are "For Reducing the City
Debt" then this act shall be valid and take effect, from the
day of such election ; otherwise this act shall be void.
sinkinff fund | 3. Thc tax aforcsaid, when collected, shall not be paid
into the treasury of the city, but shall be kept and disburs-
ed, under the direction of the city council, by an otHcer, to
be appointed by the council, w^ho shall be styled the "Sink-
ing Fund Commissioner of the City of Quincy," and shall
hold his office for two years, from date of his appointment,
and until his successor is appointed and qualilied : Provid-
ed, that no person holding any office under the charter of
said city of Quincy, shall be appointed such sinking fund
commissioner.
Commissioner's § 4. Thc Said siukiug fuud commissioner shall give
bond, in the sum of thirty thousand dollars, with security,
to be approved by the city council ; which bond shall be
payable to the city of Quincy, and shall be conditioned for
the faithful discharge of the official duties of the said com-
missioner.
§ 5. The said commissioner shall disburse the funds in
taxfs. YixQ hands, as directed by the city council : Frovidvd, that
he shall never pay out any portion thereof, except in liqui-
dation of the principal of bonds issued by the city of Quincy
or mayor and council thereof, and outstanding at the date
of this act.
commisiioiie
bond.
]>isl)nrsi.'mctit
CITIES. 249
§ 6. The citj council may, at any time remove from
office the said sinking fund commissioner or any other
officer of said city, for neglect of duty or disregard of the
authority of the council, and ai:)point a successor, to fill out
his unexpired term of office.
§ 7. The three assessors, now required by ordinance to Assessors.
be appointed by the city council of said city of Quincy,
shall hereafter be voted for and elected in the 'same manner
and at the same time that the mayor and other city officers
elected by the people, are voted for and elected in said city!
Appkoved February 2, 1861.
AN ACT in relation to the City of Quincy.
In force Febraary
20, 1S61.
Section 1. Be it enacted ly the People of the State of
Illinois, represented in the General Assembly, That the city
council of the city of Quincy, in the state of Illinois, be and Negotiatioa
is hereby authorized to issue, and negotiate, and sell, at not *'°°'''-
less than par value, a sufficient amount of city bonds, to pay
the January and July installments of interest upon the in-
debtedness of said city, for the year a. d. 1861 ; said bonds
to become due and payable in not less than five years, nor
more than ten years from date, and to bear interest at the
rate of six per cent, per annum, payable semi-annually.
The principal and interest to be made payable at such place
as said council may determine.
§ 2. This act shall take effect and be in force from and
after its approval by the governor, any thing in the charter
of said city or the acts amendatory thereto, to the contrary
notwithstanding.
Appeoved February 20, 1861.
AN ACT to establish a Board of Education in the City of Quincy. Xn force February
20, IbCl.
Section 1. Be it enacted ly the People of the State of
Illinois, rejpresented in the General Assembly, That the
mayor, superintendent of public schools, and school visitors, corporate name
of the city of Quincy, are hereby constituted a body politic ^^ power?.
and corporate, under the name and style of "The I3oard of
Education of the City of Quincy;" and by that name may
contract and be contracted with, sue and be sued, plead and
be impleaded, in any court in this state ; have a common
seal, and alter the same at pleasure; and acquire, hold and
—22
250
CITIES.
Term of office.
Treasurer
boai'd.
of the
Compensation:
Payment
claims.
transfer property, real and personal, and cases in action, in
tlie same way that natural persons, by law, may do. And
all property wliicli may, in any manner, become vested in
said board, shall be held and disposed of by said board only
for the maintenance and support of public schools in said
city. The said mayor, superintendent and school visitors
shall continue to be members of said board of education
until a new board shall be appointed, as provided in the
follow^ing section.
§ 2. The city council of the city of Quincy shall, at its
first regular meeting, in the month X)f Mai'ch next, and, an-
nually, thereafter, appoint one member of the said board of
education from each ward in said city, avIio, together with
[the] superintendent of public schools of said city, shall con-
stitute the said board of education, and shall hold their
offices for the term C'f one year and until their successors
shall be appointed ; but the city council shall have power,
at any time, to remove from office any member of said
board of education who shall have been appointed by the
city council, and also to fill all vacancies occurring in said
board, by death, resignation, removal from office, or other-
wise.
§ 3. The superintendent of public schools of the city of
Quincy shall be, ex officio^ a member of said board of educa-
tion, and he shall also be the treasurer of said board, and
keep and disburse the moneys thereof, and shall receive the
same commission thereon which is now received by the
cit}^ treasurer. He shall give bond, with security, in such
sum as the city council shall, by ordinance, direct, payable
to said board of education, and conditioned for the faithful
discharge of his official duties, both as superintendent of
public schools and as treasurer of said board. l*lo funds of
said board shall be paid into the hands of the said superin-
tendent until he has given bond, as aforesaid, to the appro-
val of the city council.
§ 4. The compensation of the several members of the
board of education shall be fixed by ordinance of the city
council, and paid out of the treasury of said board.
§ 5. No person, w^iile employed as a teacher in any
public or private school in said city, shall ever be a member
of said board, and no person shall be appointed a member
thereof, unless he shall have resided in said city at least
two years next preceding his appointment.
§ 6. All claims, payable out of the ti'casury of said board,
shall be audited by the board, and, if allowed, a warrant
shall be di'awn for the same, on the treasurer of said board
in favor of the person entitled to the same ; which warrant
shall be signed by the president and clerk of said board.
§ Y. The said board of education shall organize by ap-
pointing one of their number president and another clerk of
Baid board. The president shall preside at the meetings of
CITIES.
251
the board, and be the chief officer of the same. The clerk
shall keep a record of the proceedings of said board, which
shall be open to the inspection of all persons interested.
§ 8. The said board of education shall hold meetings, Meetings.
for the transaction of business, at such times and j^laces as
thej may, by vote or by law, determine ; and four members
shall constitute a quorum for the transaction of business •
but a smaller number may adjourn, from day to day, until
a quorum shall be in attendance.
g 9. All and singular the powers and duties and rights
of property, now vested in the city council of the city of
Quincy, by the act of the general assembly of the state of
Illinois, entitled "An act to erect the city of Quincy into a
common school district," are hereby divested out of the said
city council, and vested in the said board of education, who
are hereby declared to be the legal successors of the said city
council, in relation to all the powers, duties and rights of
property aforesaid. And the moneys required by section 5,
of the act last aforesaid, to be paid by the school commis-
sioner of Adams county to the clerk of said city, shall, from
and after the passage of this act, be paid by said school
commissioner to the treasurer of the said board of education,
and shall constitute a part of the funds of said board.
^ § 10. All moneys hereafter collected by taxation, in said Money couected.
city, under the provisions of section 3, of chapter III., of
the charter of said city, shall be paid by the collectors of the
revenue of said city directly to the treasurer of the said
board of education, and shall constitute a part of the funds of
said board.
§ 11. The treasury of said board and the treasury of the
city of Quincy shall be entirely distinct and independent of
each other, and no person shall be, at the same time, treas-
urer of said city and of said board; and no money shall be
paid out of the treasury of said board, except upon warrants
issued by the president and clerk thereof, as hereinbefore
pro^dded.
§ 12. The city of Quincy shall, forthwith, cause to be Paying ever of
paid over to the said board of education an amount of money Sty".*^ "^ **
equal to the amount of public school funds and school taxes
which have been heretofore received by the said city and ap-
plied, in violation of law, to other than school purposes ; and
the said board of education is hereby authorized to demand,
sue for and receive the same of and from said city of Quincy:
Provided^ hoivever, that the said city may, within two months
after the passage of this act, convey to the said board of
education all real estate in said city, now used for common
school purposes, and the legal or equitable title whereof is
now in said city ; which conveyance, when accepted by said
board of education, shall vest the title to the property
so conveyed in said i3oard, and shall discharge the said city
from all liabihty to account for or pay over to any person or
252
CITIES.
corporation all or any of the public school funds and public
school taxes, so misapplied, as aforesaid, and shall be re-
ceived by said board of education, in full payment of and
satisfaction for the same.
§ 13. The board of education of the city of Qumcy are
hereby vested with the exclusive management, charge and
control of all public schools, public school property and pub-
lic school funds, in said city, and are hereby authorized and
required to estabhsh and maintain an efficient system of
public schools in said city, and to defray the expenses
thereof; and, for the purposes aforesaid, they shall have
power:
1st: To establish, change and discontmue schools and
school districts in said city.
2d : To each [erect] school houses, purchase sites lor the
same,* and to supply the pubhc schools with all necessary
libraries, furniture and apparatus.
3d : To prescribe text books and studies to be pursued m
said public school.
4th : To employ school teachers and discharge the same,
at pleasure, and to fix their compensation.
5th: To make necessary improvements and repairs in
and about the public school property in the city.
Regulations 6th : To make proper rules and regulations concerning
' the management and government of said public schools,
and also to make reasonable by-laws concerning the conduct
of the business of said board.
7th : To do all other acts and things not inconsistent with
the laws of this state or the ordinance of said city which
may be necessary for the establishment and maintenance of
an efficient public school system in said city.
Taxation fw § 1^- Nothing herein contained shall be construed to
school purposes, confer any power of taxation upon the said board of educa-
tion or to abridge or take away the power of taxation for
school purposes, n(^ vested by law in the city of Quincy ;
and the city of Quincy may, from time to time, donate
moneys to said board of education, to be used in erecting
school houses, purchasing sites therefor or other necessary
school purposes. ^ i ,•
§ 15. AH expenses incurred for the support ot pubhc
schools in said city, which shall become payable on or before
the 1st day of April, a.d. 18G1, shall be paid by said city,
out of the treasury ; and all expenses incurred for tlie sup-
port of public schools in said city, which shall become payOr
ble after that day, shall be defrayed by said board of educa-
tion, out of its treasury ; and all school funds in the hands
of the city treasurer, on that day, shall be forthwith paid
over to the treasurer of said board.
Exempuon bixa § 16. All property ot said board of education shall be
♦«^- free and exempt from taxation, for state, county or city
purposes.
CITIES. 263
§ IT. The city council of siiid city may, at any time, by Elections.
ordinance, prescribe or alter the time and mode of election
and term of office of the members of said board ; but until
the passage of such ordinance the time and mode of election
and term of office of the members thereof shall be as provi-
ded in section two of this act.
§ 18. The report' heretofore required b}" law to be made Annual report,
by the superintendent of public schools of said city to the city
council shall, hereafter, be made to said board of education,
at such time as the said board may direct ; and the said
board shall make such reports to the city council as the city
council may, by ordinance, require.
§ 19. The treasurer of the said board of education shall TreMurer's du-
keep a full and accurate account of all moneys received and
expended by him, as such treasurer, and shall report the same
to the said board of education, at least once in six months,
and oftener, if required by the board ; and his accounts
shall, at all times, be open to the inspection of any member
of the said city council.
§ 20. All laws and parts of [laws] inconsistent with the
provisions of this act, are hereby repealed.
• § 21. This act shall be declared a public act, and shall
take effect as hereinbefore provided.
Appkoved February 20, 1861.
AN ACT to vacate the plat of Roberts' Addition to the City of Rockford, in In force Fete-wu-y
the County of Winnebago. " 1^, 1861.
Section 1. Be it enacted hy the People of the State of
Jllitiois, represented i?i the General Assenibly, That the
plat of Roberts' addition to the city of Rockford, in the
county of Winnebago, as made and acknowledged by Ebe-
nezer S Roberts, Columbus C. Parker, Archer S. Kimball,
Nathaniel Wilder, Chas. H. Richings, and Thomas Garrison,
and recorded in the office of the recorder of said county, be
and the same is hereby vacated.
§ 2. The middle of the several streets shall be the boun-
daries of the several lots and blocks contiguous thereto.
Appkoved February 13, 1861.
254
CITIES.
In force February AN ACT to amend "An act to amend the charter of the City of Rockford,"
22. 1861. approved March 4th, 1854.
Section 1. Be it enacted hy the People of tJie State of
Illinois, represented in the Ge: eral Assembly, That the com-
Rsuiroad tracks, moii council of Said citj of Rockford shall have the power
to direct and control the laying and constructing of railroad
tracks, bridges, turnouts and switches, in the streets and
alleys, and the location of depot grounds within the city ;
to require that railroad tracks, bridges, turnouts and switches
shall be so constructed and laid as to interfere as little as
possible with the ordinary travel and use of the streets and
alleys, and that sufficient space shall be left on either side
of said tracks for the safe and convenient passage of teams
and persons ; to require railroad companies to keep in repair
the streets or alleys through which their track may run,
and, if ordered by the common council, to light the same,
and to construct and keep in repair suitable crossings at the
intersection of streets and alleys, and ditches, sewers and
culverts, when the common council shall deem necessary ;
to direct the use and regulate the speed of locomotive
engines within the corporate limits of the city ; to prohibit
and restrain railroad companies from doing storage or ware-
house business, or collecting pay for storage.
§ 2. To establish standard weights and measures, to be
used within the city ; to require any merchant, retailer,
trader or dealer in merchandise or property of any descrip-
tion, which is sold by weight or measure, to cause their
weights and measures to be sealed by the city sealer, and
to be subject to his inspection. The standard of such
weights and measures shall be conformable to those now
established by law.
Sidewalks. § 3. The common council shall have power, by order,
resolution or otherwise, to cause crosswalks, sidewalks, pri-
vate drains and sewers to be built, constructed, graded, laid,
relaid, cleansed and repaired, and to regulate the same.
Sidewalk*- § -i. All owucrs or occupauts of lots or land, in front of,
to'buna.'^ '^"^ adjoining or upon whose premises the common council shall
order and direct sidewalks, crosswalks, private drains or
sewers to be built, constructed, graded, repaired, relaid or
cleansed, or shall declare any such land or lots to be a
nuisance, and order the same to be graded, filled up and
drained, or otherwise improved, shall grade, build, construct,
lay, relay or rejjair such sidewalks or crosswalks, or make,
• repair or cleanse such private drain or sewer, or grade, fill
up, drain or otherwise improve such lot or land, at their
own cost and charges, within the time and in the manner
prescribed by order, resolution, ordinance or otherwise;
and if not done within the time and in the manner pre-
scribed, the common council may cause the same to be built,
constructed, repaired, relaid cleansed, graded, filled up,
CITIES. 255
drained or otherwise improved, and assess the expense
thereof, by an order, to be entered in tlieir proceedings,
upon the lots and land, respectively, and collect the same,
by warrant and by sale of the premises, as provided in sec-
tion 5th of this act. A suit may also be maintained against
the owner or occupant of such premises for the recovery of
such expense, as for money paid, laid out and expended to
his, her or their use, at his, her or their request.
§ 5. In all cases where assessments shall hereafter be Assessments for
made by the common council on any lot or real estate in the ^ksJ"^^
ciity, for the purpose of improving any crosswalk, sidewalk,
private drain or sewer, or for any other purpose whatever,
either by order, resolution, ordinance or othei'wise, and such
assessment is not paid within the time fixed by the order,
resolution or ordinance making such assessment, the corpo-
rate authorities of the city may ai3ply to the county court of
Winnebago couuty for judgment against such lot or real
estate for the amount of said assessment and costs; and the
said couuty court, on such application being made, shall
render judgment against such lot or real estate, in favor of
the city, for the amount of said assessment and costs, and
shall issue its precept to the sheriff of said Winnebago
county, commanding him to sell said lot or real estate, or so
much thereof as may be necessary to pay said judgment
and costs, in the same manner and with like effect as if sold
upon execution at law; and the common council shall have
full power to provide, by order, resolution or ordinance, for
the making or levying any such assessment ; and they shall
have power to fix the time of payment, and the time and
kind of notice of such assessment, and of the said applica-
tion to the county court; and the common council shall
have full, perfect and complete authority to adopt any rule,
regulations or proceeding which they may deem necessary
to carry the provisions of this section and of the next pre-
ceding section of this act into full and complete effect.
§ 6. In all cases where expenses may be incurred in the issessmepts for
removal of any nuisance the common council may cause the sanc°el!°^ ^^
same to be assessed against the real estate chargeable there-
with, and collected in the same manner prescribed in sec-
tions 4 and 5 of this act. Such expense may, likewise,
be collected of the owner or occupant of such premises, in
a suit, as for money paid, laid out and expended to his, her
or their use, at his, her or their request ; and in case the
same should not be chargeable to any real estate suit may, in
like manner, be brought for such expense against the author
of such nuisance, if known, or any person whose duty it
may be to remove or abate the same.
§ T. The common council shall have power to compel cleaning of ai-
the owner or occupants of lots or land fronting or adjoining ^^^'
any private or public alley to keep said alley clean, and, if
necessary, to direct the same to be paved, macadamized,
256
CITIES.
To compel per-
planked. or otherwise improved, aud tlie costs thereof to be
assessed and collected in the same manner as sidewalk
assessments.
§ 8. All taxes and assessments, f^eneral or special, levied
or assessed by the common council, nnder this act or the
act to which this is an amendment, or any ordinance, in
pursuance thereof, 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 list shall be
confirmed or the passage of the order for assessment, and
on personal estate from and after the delivery of the war-
rant for the collection thereof until paid; and no sale or
transfer shall afiect the lien : Provided^ that in case the col-
lection of any assessment shall be delayed by injunction, or
other judicial proceeding, the same shall continue alien,
unless set aside, upon the real estate for the period of two
years from and after the final disposition of such injunction,
or other judicial proceeding.
9. Any person, against whom any judgment may
the'sl^e^^'' ""^ hereafter be recovered in favor of said city of Kockford, for
a penalty or fine for a breach or violation of any ordinance,
instead of being committed to the city prison, workhouse or
jail, such person may be required and compelled to labor on
the streets, lanes, alleys or other public works of the city,
for such time and in such manner and under such restraints
as the common council may, by ordinance, provide.
§ 10. The city may appeal, in all cases arising under
the charter and ordinances of the city, without giving secu-
rity ; but in cases of appeal by the city the mayor s'hall
execute bond, under the corporate seal, without sureties;
and a resolution or ordinance of the common council, author-
izing the same, shall be sufiicient authority therefor; nor
shall the city, in any case, be required to file bond or secu-
rit}' for costs.
§ 11. Transcripts of judgments rendered in cases arising
under the charter or ordinances of the city may be taken
from the docket of police magistrates, and filed in the ofiice
of the clerk ol the circuit court of Winnebago county, aud
shall have the same force and eftect as transcripts of judg-
ments from the dockets of justices of the peace, and execu-
tion shall be issued thereon and collected in like manner.
§ 12. That, hereafter, all city ofiicers, appointed or
elected by the common council, or elected by the legal voters
of the city, shall receive for their services such salaries,
fees and compensation as the common council may, from
time to time, by order, resolution or ordinance, provide.
§ 13. The common council shall have power to make,
pass, publish, amend and repeal all ordinances, rules, orders
and resolutions which shall be necessary and proper for
carrying into execution and eftect the powers granted by
this act, so that the same be not repugnant to or inconsistent
Appeals.
Transcripts.
Compensation
officers.
Ordinance*.
CITIES. 257
witli the constitution of the United States and of this state,
and to enforce the observance of all such orders, rules and
ordinances, by forfeitures, fines, penalties, imprisonments,
and otherwise. ]^o such penalty or fine shall exceed one
hundred dollars, and no such imprisonment shall exceed six
months.
§ 14. All ordinances of the city may be proved by the Proof of ordinan-
seal thereof, and, when j^rinted and published, whether in a ^*'^'
newspaper or in book or pamphlet form, and purporting to
be printed and published by authority of the corporation,
the same shall be received in evidence, in all courts and
places, without further proof.
§ 15. All such parts of the act to which this is an amend- aepeaUng clause,
ment as are inconsistent with this act are hereby repealed ;
but so much and such parts thereof as are not inconsistent
Avith the provisions of this act shall not be consttued as
repealed, altered or modified, or in any manner affected
Iiereby, but shall be and remain in full force and effect.
§ 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, and shall take
effect and be in force from and after its passage.
Appeoved February 22, 1861.
AN ACT to vacate the plat of the Western Additiou to Rock Island Cit}'. in force February
18, 1861.
Section 1. Be it enacted hy the Peo])le of the State of
Illinois^ represented in the General Assembly^ That the
plat of the western addition to Rock Island city, in the
county of Rock Island, and state of Illinois, is hereby
vacated, and the public right to the streets and alleys
thereof divested.
Appkoved February 18, 1861.
AN ACT to amend an act entitled "An act to reduce the act to charter the In force February
City of Rock Island and the several acts amendatory thereof into one act, ^' '^^^^
and to amend the same," approved February 16, 1857.
Section 1. Be it enacted hy the Beoj)le of the State of
Illinois, represented in the General Assentbly, That hereafter
the municipal government of the city of Rock Island shall ^c?ty°^ffl?^! ''^
consist of the city council, composed of the mayor, and two
aldermen from each of the four wards of said city. A
majority of the members of the city council shall constitute
258
CITIES.
a quorum for the transaction of business. All the other
officers required bj the act to which this is an amendment
shall be appointed by the city council, on the second Tues-
day in March, in each year, or so soon thereafter as may be,
and shall, respectively, continue in office until the second
Tuesday of March then next ensuing, and until the appoint-
ment and qualification of their successors : Provided^ hovy
ever, that said city council may, at any time, by resolution,
remove any of said officers and appoint others in their
places, or dispense with any of said offices : And j>rovided,
furtlier^ that said city council may appoint the same person
to fill any two or more of said offices. The aldermen shall
receive no compensation for their services; and the com-
pensation of all the other officers of the corporation shall
be fixed by the city council, by resolution ; but the compen-
sation of the mayor shall not exceed three hundred dollars
per annum.
§ 2. All laws and parts of laws inconsistent with the
foregoing are hereby repealed, or so modified as to be made
consistent herewith ; and this act shall be a public act, and
take efi'ect from its passage.
Approved February 22, 1861.
^"^TfslT""^^ AN ACT to amend an act entitled "An act to incorporate the city oi Sparta,
' ■ in Randolph county," in force February 21, 1859.
[Section 1.] Be it enacted hy the PeojJ'le of tlie State of
Illinois, re])resented in the General Assembly, That section
City boundaries, two, article first, of Said charter, be and the same is hereby
repealed, and the following shall hereafter constitute the
boundaries of said city, to wit : beginning at the northwest
corner of the southwest quarter of the southeast quarter of
section thirty-six, in township four, south, of range six
west; thence, running south, on the half-section line, to the
southwest corner of the southeast quarter of section one,
township five, south, of range six west; thence, east, with
the section line, to the southeast corner of the southwest
quarter of the southeast quarter of section six, in township
five south, of range five west ; thence, north, with the
quarter-section line, to the northeast corner of the southwest
quarter of the southeast quarter of section thirty-one, in
township four south, of range five west; thence, west, to
the place of beginning,
street cotnmis- § 2. All provisioiis of Said charter, for the election of a-
fioner. Street commissioner, are hereby repealed ; and, hereafter,
the city council shall appoint a street commissioner, at their
CITIES. 259
first meeting after annual elections, for each year, or as soon
thereafter as practicable.
§ 3. Section one, of article five, of said charter, is hereby Justice of the
repealed ; and, hereafter, a justice of the peace shall be ^^^'^^'
elected in said city, to be styled, by way of distinction,
" City liecorder," on the first Monday of May next ; and
on the same day, and every four years thereafter, by the
qualified voters of said city, and who shall hold his ofiice for
K)ur years, and until his successor shall have been duly
elected and qualified, and who shall, when elected, exercise
the jurisdiction and powers conferred by said charter, and
be commissioned by the governor, as therein required.
§ 4. The said justice of the peace, styled "City Eecor- ^"^ records,
der," before he is eligible to said oifice, shall be a citizen of
the United States, above the age of twenty-five years, and
have resided in said city at least two years before his
election,
§ 5. Section seven, of article five, of said charter, is
hereby repealed, and also section eleven, of said article.
§ 6. AH provisions of said charter, conferring judicial
authority upon the mayor of said city, are hereby repealed,
including the whole of sections seven, eight and nine, of
article six, of said charter.
§ 7. The said justice of the peace, styled " City Recor- Recorder's dock-
der," shall keep a docket of proceedings before him, as is
required of other justices of the peace in this state, and
shall have the same jurisdiction which is conferred upon
other justices of the peace in this state, together with the
additional jurisdiction which is conferred by the act of Avhich
this is an amendment.
§ 8. This act shall take efiect and be in force from and
aftei" its passage. ■
Approved February 20, 1861.
AN ACT to incorporate the City of Sliawneetown and to change the name. In force February
AETICLE 1.
OF BOUNDARIES AND GENERAL POWERS.
Section 1. Be it enacted by the Ftoj^Ie of the State of
Illinois, rej>resented in the General Assembly, That the in-
habitants of the town of Shawneetown, in the county of Name.
Gallatin, and state of Illinois, be and they are hereby con-
stituted a body politic and corporate, by the name and style
of " The City of Shawneetown," unless changed to "Shaw-
nee Cit}'-," and by that name shall have perpetual succession,
-^uy CITIES.
and have and use a common seal, which the}' may change
and alter at pleasure.
ooi-po.rate umiu. g 2. The corporato limits and jurisdiction of the city of
Shawneetown shall extend over and include within the same
so much of all that district of country situated in the county
of Gallatin, state of Illinois, embraced within the present
limits of the town of Shawneetown, according to the plat
thereof, as may be embraced within a levee proposed to be
built around said city, as is included within the present cor-
porate limits of said town.
General powei-3. § 3. Tlic inhabitants of said city, by the name and style
aforesaid, may sue and be sued, implead and be impleaded,
defend and be defended, in all courts of law and equity, and
in all actions whatsoever, and shall have power to jnirchase,
receive and hold property, real or personal, in said city ; to
purchase, receive and hold property, real and personal, be-
yond the city limits, for burial grounds and other purposes,
for the use of the inhabitants of said city ; to sell, lease and
convey such property for the benefit of said inhabitants and
to improve and protect the same, and to do all other acts
thereto as natural persons.
Wards. § 4. The present board of trustees of the town of Shaw-
neetown, shall, on the first Monday in March next or as soon
as practicable thereafter and prior to the first Monday in
April next, by ordinance, divide the said city of Shawnee-
town into two wards, as nearly equal in population as practica-
ble, and particularly describe the boundaries of each ward by
causing to be posted two written copies of such ordinance in
each ward.
§ 5. Any tract of land within eighty rods of the limits of
said city, laid off into town lots, may be included vitliin the
limits of said city by ordinance.
ARTICLE 2nd.
OF THE CITY COUNCIL.
§ 1. There shall be elected, by the qualified voters of said
city, a city council, to consist of a mayor and board of al-
dermen.
§ 2. The board of aldermen shall consist of two mem-
bers from each ward ; and no ]3erson shall be an alderman
unless at the time of his election he shall be a qualified voter
and shall have resided twelve months within the limits of
the city and be a freeholder of said city.
§ 3. If any alderman shall remove from the ward for
which he was elected, his office shall thereby be vacated.
§ 4. The city council shall judge of the qualifications,
elections and returns of their members, and shall determine
all contested elections, and shall have power to make rules
to govern its meetings and to punish its members tor disor-
derly conduct.
CITIES. . 2G1
§ 5. A majority of the council shall constitute a quorum Quorum,
to do business, but a smaller number may adjourn from day
to day and line absent micmbers fur nonattendance.
§ G. The council shall keep a journal of its proceedings,
and the yeas and nays, when demanded by any member
present, shall be entered upon the journal.
§ T. The mayor and aldermen, before entering upon their official oaoi.
duties, shall take an oath to support the constitution of the
United States and of this State, and that they will well and
promptly perform the duties of their office to the best of
their ability.
§ 8. All vacancies that may occur in the city council
shall be tilled by election ; and whenever there is a tie in
tlie election of mayor or aldermen the judges of election
shall certify the same to the city council, who shall deteiinine
the same by lot.
§ 9. The city council shall meet for business on the se- counau meet-
cond Saturday in each month and at such other times as ^^^'
may be necessary, upon the call of the mayor or any two
members of the council.
§ 10. The city council shall have power to appoint a cierk and treas-
derk and treasurer (the treasurer shall be ex officio the as- "'*'"■
sessor) and such other officers or agents as they may need,
from time to time, prescribing their duties and salaries.
ARTICLE 3rd.
OF THE MATOEALTT.
§ 1. The chief executive officer of the city shall be a Mayor,
mayor, who shall be elected by the qualified voters of the
dty, and hold his office for one year and until his successor
shall be elected and qualified, he being a freeholder of said
cit}^, over the age of twenty-one years.
§ 2. The mayor shall preside at all meetings of the conn- Mayor's duties,
dl and shall have a casting vote, and no other ; and in case
of his nonattendance upon any meeting of the council the
board of aldermen shall appoint one of their number chair-
man ^j^ro te7n.
§ 3. The mayor shall, at all times, be active and vigilant
in enforcing the laws and ordinances for the government of
the city, and it is hereby expressly made his duty to inspect
the conduct of all subordinate officers of said city, and to give
notice of their negligence or violation of duty to the coun-
dl, and at the regular meetings in July, October, January
and April, to communicate, in writing, to the aldermen, such
information and recommend all such measures as in his
opinion may tend to the improvement of the finances, the
police, the . health, security, comfort and ornament of the
dty ; and the city council shall have full power to enact all
ordinances necessary to carry out such recommendation.
262
CITIES.
Compensation.
§ 4c. The mayor shall receive for his services such salary
as shall be fixed by an ordinance of the city, and in case of
his neglect or ommission of duty he shall be removed by
the board of aldermen, who may hold a special meeting,
appointing one of their number chairman, having notified
said mayor of such meeting, and try and remove him for
such neo;lect or omission.
ARTICLE 4th.
ELECTIOXS.
Annual city elec-
tion.
Voters.
Judges
tion.
of elec-
Notlce of election.
§ 1. On the first Monday in April next an election shall
be held in each ward of said cit}^, for one mayor for the city
and two aldermen for each ward, who shall hold their offices
until their successors are elected and qualified, and forever
thereafter on the first Monday in June of each year (except-
ing June, 1861,) an election shall beheld for a mayor for the
city and two aldermen for each ward, who shall hold their
offices for one year and until their successors are elected and
qualified.
§ 2. xill free white male inhabitants, over the age of
twenty-one years, who have been residents of said city for
six months previous to any election shall be legal voters :
Provided^ that said voters shall give their votes for mayor
and aldermen in the ward in which they shall respectively
reside and in no other, and that no vote shall be received at
any of said elections unless the voter oflering such vote
shall have been an actual resident of the ward where the
same is offered at least ten days next preceding such elec-
tion.
§ 3. The judges of the election to be held on the first
Monday in April next shall be appointed by the trustees of
the to^\'n of Shawneetown ; and for all elections thereafter
the city council shall appoint three judges, at their regular
meeting in April, or as soon as convenient thereafter, to sit at
all city elections, and also two clerks of elections, who shall
be paid out of the city treasury, as may be directed by ordi-
nance.
*" § 4. Tlie judges of any city election, within five days af-
ter such election, shall deliver the poll-books to the mayor,
who shall immediately call a meeting of the council, who
sliall examine the poll-books and enter the result of the
election on their journal ; and if the persons elected do not
take the oath of the office within ten days after said election,
required in section seven, article two of this act, their oflice
shall be declared vacant and a new election ordered.
§ 5. The trustees of Shawneetown shall cause public no-
tice to be given of the election to be held for mayor and al-
dermen, and city judge and city attorney and marslial, on the
first Monday in April next, by 230sting two written notices
in the most public places of each ward or by publishing such
CITIES. 263
notices in tlie newspaper printed in Shawneetown, having
tlie largest circulation, at least ten clays before sncli election ;
and for all city elections, thereafter, the council shall, in like
manner, give public notice of such election.
ARTICLE 5th.
CITY JUDGE, ATTORXEY AND MARSHAL.
§ 1. There shall be elected, at the same time and in the city judge.
same manner as the city mayor, a city judge, a city attorney
and city marshal, who shall hold their oftice for one year and
until their successors are elected and qualified ; and the city
mayor, aldermen, the city judge, city attorney and marshal,
elected at the election to be held on the first Monday in
April next, shall hold their ofiice until the first Monday in
June, 1862, and until their successors are elected and quali-
fied.
§ 2. The city judge shall be a conservator of the peace
and, ex officio, a justice of the peace of said Gallatin county.
He shall be commissioned by the governor and qualified as
a justice of the peace, and shall have additional statute,
criminal and common law jurisdiction in all cases where
tlie demand, damages or fine does not exceed five hundred
dollars, and where the imprisonment extends only to the
county or city jail : Provided., that the city marshal of said
city, or his deputy, shall have power to execute any writ or
process issued by the said city judge anywhere within the
limits of Gallatin county aforesaid.
§ 3. The said city judge shall exercise said additional juris- city jntige-s dock-
diction, within the limits of Gallatin county, and shall have ex- **"
elusive jurisdiction, in all suits for the violation of the ordi-
nances of the said city. He shall hold a session of his court,
for the trial of causes, on every Monday, and shall keep the
same open, from day to day, if necessary, Sundays excepted,
until all the business before it is disposed of; and shall have
and keep a docket, similar to the docket of the justices of
the peace, inthis state, excepting cases shall be docketed and
called in their regular order, as is now the practice in circuit
courts of this state, trials for the violation of said city ordi-
nances having precedence, in the discretion of the said city
judge. He shall have power to fine and imprison, for con-
tempt of his court, when in session ; and shall be allowed to
charge, as fees, the same as circuit clerks in this state ; and,
in civil cases over one hundred dollars, shall be allowed to
charge a docket fee of one dollar and twenty-five cents, to be
collected, as costs, from the unsuccessful party. Judgments
rendered by the said city judge shall have the same eflect as
judgments rendered by justices of the peace, under the laws
of this state ; and executions from the judgments of the said
city judge shall be directed to the said city marshal, who
shall be governed in the premises by the laws of this state
264
CITIES.
governing constables, in such case made and provided. The
city judge shall, also, keep an execution docket, in which he
shall record the issuing and return of all executions ; also,
a fee book, in which he shall separately charge the fees in
each case, and shall issue fee bills and cost bills, according
to the law governing circuit clerks in this state. In the event
that the said judge shall be removed from office, or the said
office otherwise become vacant, or should he be absent from
the city or sick and unable to attend to the business of said
court, the mayor of said city shall and is hereby required to
preside in the place and stead of the said city judge, in all
cases concerning the violation of the ordinances of the said
city. The said city judge may also receive, in addition to
his fees such salary as may be allowed him by the city
council.
City attorney. § "i- The city attorney shall prosecute all violators of
ordinances of the said city. He shall be the legal advi-
ser and attorney of the said corporate authorities, and shall
receive such salary and other compensation as shall be
agreed upon by the city council for his said services, to be
paid out of the city treasury. Pie shall be responsible to the
said city council for his conduct in office and may be re-
moved by them for a sufficient cause.
City marshal, §5- The city marshal shall also be collector of the city
revenue, and shall have power to appoint one or more depu-
ties, in writing, for wdiose conduct, in office, the marshal
shall be at all times responsible. He shall promptly arrest
all violators of any ordinance and carry them before the
city, and shall have power to summons witnesses, without
written subpoena, to appear and give evidence ; and upon
the tailure of such witnesses to attend the city judge shall
forthwith issue an attachment against them for contempt.
The city judge shall proceed to the trial of such oftenders
forthwith, in his discretion, or as soon as the witnesses can
be brought before him ; and if either the city or the oflfend-
er is not ready for trial the city judge may continue the trial,
not more than three days, and may admit the offender to
give bond for his appearance before the said judge at the
" time named therein ; which bond shall be made payable to
the city of Shawneetown, and collectable by action of debt,
before the city judge. Any person who is fined for breach
of any ordinance of said city may replevy the same, by giv-
ing secm-ity for the payment of such fine and costs, Avitliin
three months ; and at the expiration of the said three
months, if the fine and costs be not paid, the city judge shall
render a judgment against the principal and his securities
and forthwith issue execution thereon, directed to the city
marshal; and every person fined for violating any ordinance
may pay such fine by lal)or on the streets of said city or on
any public works of said city or in a work house of said city,
under the directions of the marshal, in such manner as may
CITIES. 2G5
be determined by ordinance. All process issued by the citv
judge shall be directed to the city marshal, who shall receive
the same fees as are allowed k sheriff, by statute, unless
changed by ordinance.
§ 6. The marshal is hereby made a conservator of the 5Hvsha]'s duties,
peace of Gallatni county, and shall have power to summons
any white male inhabitant of said Gallatin county or city
over the age of eighteen years, to aid him in arrestino- or se-
ciirmg any offender against the laAvs of this state or any or-
dinance of said city ; and any person failing to assist him,
when so summoned, shall be reported by said mars*hal to the
city judge, and -punished in such manner as prescriijed by
the statute or as may be provided by ordinance.
§ 7. He shall receive a salary of not less than one hun-
dred dollars, nor exceeding two hundred dollars, per annum,
besides his fees ; which salary shall be paid out of fines as-
sessed and collected in said city, and in no other way ; and
upon any omission or neglect of duty said marshal shall be
removed by the city council, who shall appoint his successor
until the next regular election. '
§ 8. The city marshal shall act as street commissioner
and market master, and perform such duties as may be pre-
scribed by ordinance.
ARTICLE 6th.
OF THE LEGISLATIVE POWERS OF THE CITY COUNCIL.
§ 1. The city council shall have power and authority to Taxes
levy and collect taxes upon all propertv, real and personal,
withm the limits of the city, noir exceeding one-half of one
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 constitution
of the United States, or this state.
§ 2. The city council shall have power to require of all official bonds,
ofiicers elected or appointed in pursuance of this charter,
bonds, with penalty and security, for the faithful perform-
ance of their respetive duties, as may be deemed expedient,
and also to require all officers appointed or elected to take
an oath for the faithful performance of the duties of their
respective offices, before entering upon the discharge of the
same. To borrow money and pledge the revenue of the
city for the payment thereof: Provided, that no sum or
sums of money shall be borrowed at a greater interest than
ten per cent, per annum, for ordinary pm-poses.
§ 3. _ To make regulations to prevent the introduction of
contagious diseases into the city ; to make quarantine laws
for that purpose and enforce tlie same within five miles of
the city.
— 9.^
Fee3.
Police.
Ordinances.
CITIES.
8 4 To make regulations to secure the general liealtli of
the inhabitants; to declare what shall be a nuisance, and to
prevent and remove the same. ^ i r n
Si 5 To open, alter, abolish, widen, extend, establish,
grade, pave or otherwise improve avenues, streets and alleys
and other public highways.
5 6 Ti divide the city into wards, alter the boundaries
thereof and erect additional wards, as occasion may reqmre.
S 7 To establish, support and regulate night watches.
is To erect market houses, to establish market places,
and provide for the government and regulations thereot.
§ 9. To provide for all needful bmldmgs, lor the use ot
the city ; also water for the use of the city. _
§ 10. To provide for the inclosing, improving and regu-
lating all public grounds belonging to the city.
8 11 To license tax and regulate auctioneers, trading
boats, merchants, retailers, grocers, taverns, hawkers, ped-
dlers, brokers and bankers.
S 12 To license, tax and regulate hackney carriages,
wacrons, carts and drays, and fix the rates to be charged tor
the^'carriage of persons, and for the wagonage, cartage and
drayasre of property. - ^ ^ ^i
§ 13. To license, tax and regulate theatrical and othei
exhibitions, shows and amusements.
§ 14. To license, restrain, prohibit and suppress tippling
houses and dram shops. i +„, w.inh
§ 15. To regulate the storage ot gunpowder, tar, pitcn,
rosin, and other combustible material.
8 16 To provide, by ordinance, for the manner and time
of assessing and collecting city taxes, where the same may
not be fully provided in this charter.
S IT To. provide for the inspection and weighing ot hay
and stonecoal, the measuring of charcoal, firewood, and other
fuel, to be used or sold in the city, and designate, by ordi-
nance, where the same shall be sold.
§ 18. To provide for the taking the enumeration ot tJie
inhabitants of the city. _ i ,, ,,,.n
8 11) To regulate the election ot city ofticers, and to pio-
vide for the removing from oflice any person holding an
office created by ordinance. • • ^.
8 20 To fix the compensation, by fees, commission, or
otherwise, and regulate the fees of jurors, witnesses and
others, for services rendered under this act, or any ordinance
in the city court or otherwise, in the city limits.
5 21 To regulate the police of the city; to impose fines
and forfeitures and penalties, for the breach of any ordinance,
and to provide for the recovery and appropriation tor sucli
fines and forfeitures, and the enforcement ot such penalties.
§ 22 The city council shall also have power to make an
ordinances which shall be necessary and proper tor carrymg
into execivtion the powers specified in this act, so that sucu
CITIES. 207
ordinances be not repugnant to nor inconsistent with the
constitution of the United States, or this state.
§ 23. To provide for hghting the streets and erecting
lamps thereon.
§ 24. To improve and preserve the navigation of the
Ohio river within the city hmits.
§ 25. To erect, construct, regulate, repair and control all W'ai-ves.
public wharves and docks within the city, and to fix the rate,
and to provide for the collection of wharfage or rent tliere-
from.
§ 26. To regulate the stationing, anchoring, or mooring
of all kinds of water crafts within the city.
§ 27. To license, tax, regulate or restrain, prohibit or
suppress billiard tables, ten-pin alleys, tippling houses, and
dram shops, and to suppress gambling houseSj bawdy houses,
houses of assignation and ill fame.
§ 28. To provide for the prevention and extinguishment Pi-erention of
of fires, and to organize and establish fire companies; to
regulate or prevent the erection of manufactories dangerous
in causing fires; appoint fire wardens and property guards,
with power to remove and keep away from the vicinity of
any fire all idle or susj)icious persons, and to compel any per-
son or persons present to aid in extinguishing fires, or in the
preservation of property exposed to the danger of the same,
and prevent goods from being purloined thereat, and with
such powers and duties as may be prescribed by ordinance.
§ 29. To prevent the running of horses, mules or asses
within the streets or alleys or city limits, or riding, leading,
or hitching the same npon the side-walks, and shall prevent
the exhibition of stallions, jackasses or bnlls within the
streets or alleys, and prevent obstruction of side-walks, by
awnings, signs, goods or boxes, or other obstructions.
§ 30. To prevent and restrain any riot, noise, open
indecencies, disturbance or disorderly assemblies, in any
house, street, or place in the city, and to prevent the viola-
tion of the Sabbath day.
§ 31. To prevent and remove all encroachments upon
all streets, lanes, avenues, alleys and public grounds.
§ 32. To exercise complete and perfect control over all P^>"siiments.
property belonging to the city, real or personal, either within
or beyond the city limits, and the same to improve, lease,
sell or dispose of, and generally to make, pass, award,
amend, publish and repeal such rules, regulations and ordi-
nances as shall be deemed advisable, lor the maintenance of
the peace and good government of the city, and for the
trade, commerce and manufactures thereof, not repugnant
to the laws and constitution of the state, and to enforce the
observance of all such rules, regulations and ordinances,
and to punish violations thereof by fines, penalties and
imprisonment; and any person againstwhomafine or penalty
shall be assessed, who shall fail, neglect or refuse to pay the
203 CITIES.
same, may be imprisoned in the calaboose or city jail, or be
required to labor on the streets or other public works of the
, city as aforesaid, and in such manner as may be prescribed
by ordinance.
§ 33. To prevent the bringing and bm-ial of dead bodies
within the city.
§ 34. To regulate or prevent and prohibit the use of
fireworks or the discharge of firearms within the city, except
in the defense of persons or property, or at a proper public
assembly or celebration, or by any military company or
organization.
Ruuninsat large § 35. To rcgulatc, restrain or prohibit the running at
of stock. large of horses, cattle, swine, sheep, goats and poultry, and
to authorize the distraining, impounding and sale of the
same, for the costs of the proceedings and the penalties
incurred, and to impose penalties upon the owners thereof
' * for a violation of any ordinance in relation thereto.
§ 36. To regulate or prohibit the running at large of
dogs, and to authorize their destruction when at large con-
trary to ordinance, and to impose penalties upon the owners,
keepers or harborers thereof.
Sale of liquor. § 37. The couucil shall have exclusive power within the
city to license, regulate or suppress groceries, bars, tippling
houses and beer shops, and all places where spirituous or
fermented liquors are sold ; and all sums of money which
shall be received for such licenses shall be paid into the city
treasury for the use of the city.
§ 38. To restrain and punish vagrants, mendicants, street
beggars and prostitutes.
§ 39. To compel the owner or occupier of any grocery,
cellar, soap or tallow chandler, blacksmithery, tannery,
stable, slaughtering house, establishment for rendering or
steaming lard, tallow, offal, or any other substance, packing
houses, breweries, distilleries, privies or other places, or
establishments where nauseous, offensive or unwliolesome
business may be carried on, to cleanse, remove or abate the
same, and to direct their location, regulate their construction
or to abate or prohibit them within the limits of the city
altogether.
Destitutf ciiii- § *i^- To authorize and direct the taking up and provi-
dren, &g. diug fur thc Safe keeping, apprenticing or education of such
children as are destitute of parental care or direction, and
as are found wandering about the streets, growing up in
mendicancy, ignorance, idleness and vice, and committing
mischief and depredations, including all minors, negroes
and mulattoes, under the age of twenty-one, who shall be
appreticed to white persons by the city judge.
I 41. The city council shall have power, by ordinance,
to levy and collect a special tax on the ow.ners or holders of
any lots on any street, avenue or alley, or part thereof,
according to the respective fronts Qwrijed or held by them,
CITIES.
for the purpose of providing or repairing such streets, side-
walks or gutters, drains or curbing, and shall have power to
appropriate money for the opening of roads and highways,
and the construction of bridges and culverts for the beneiit
of the city, beyond as well as within the limits of the city.
§ 42. The city council shall have power, and it is hereby vagrants.
made their duty, to protect the city against vagrants ; they
shall recpiire, by ordinance, that the city judge shall have
all idle persons, suspected as being vagrants, brought before
him, and he shall investigate said person or persons upon
their oath, and shall have power to call witnesses in said
investigation, touching their character and vocation. If said
person or persons, suspected of vagrancy, upon such exami-
nation shall be found of suspicious and idle character, with-
out any laudable employment, the said city judge may enter
an order upon his docket, a copy of which shall be served
upon said A^agrant or vagrants, by the city marshal, notifying
said vagrant or vagrants to leave the city within ten days,
thereafter, under a penalty of not exceeding fifty dollars, to
be recovered as other penalties for the violation of ordinan-
ces: Provided^ said vagrant or vagrants may, upon receiving
said notice, give bond and security, to be approved by said
judge, for his or their maintenance and good behavior, the
penalty of said bond not to exceed one thousand dollars.
§ 43. The style of the ordinances of the city shall be —
" Be it ordained hy the City of Shawneetovjny
§ 44. All ordinances passed by the city council shall. Publication o
within ten days after they shall have been passed, be pub-
lished in the newspaper in the city having the largest circu-
lation, or by posting one copy of each ordinance in each
ward, and shall not be in force except as aforesaid, until
they shall have been published as aforesaid for five days.
§ 45. All ordinances may be proven by the seal of the
corporation or the oath of the city clerk, and when printed
and published in book or pamphlet trom and purporting to
be published by authority of the corporation as in force, the
same shall be received in evidence in all courts and places
without further proof.
ARTICLE 7th.
§ 1. All real estate and personal property, within the faxes,
limits of the city of Shawneetown, shall be subject to taxa-
tion by the city council for the use and benefit of said city.
§ 2. The assessor shall prepare an assessment roll, with Assessment roii.
the following captfon, in substance : "An assessment roll
of all the real and personal property within the limits of
the city of Shawneetown, made by the assessor of said city
for the year," and shall set down in separate columns — First:
The names of all the owners, if known, of real estate within
the limits of said city. If the owner is unknown, it shall be
270 CITIES.
so stated. Second: The description of the real estate oppo-
site the name of tlie owner or the word " unknown." Third:
The vahie of the real estate opposite the description. Fourth:
The amount of tax assessed opposite the value. Said assess-
ment roll shall also contain, in parallel columns — First:
The names of the owners of j)ersonal property subject to
taxation, in alphabetical order. Second: The assessed value
of the personal property taxed to each individual. Third:
The amount of tax on each individual's personal property.
§ 3. After the said assessment roll shall have been thus
completed, the assessor shall attach his certiUcate to said roll,
certifying the said roll is true and correct, according to his
best information ; and said roll, so certified, shall, on or before
the second Saturday in July, of each year, be returned to
tlie city council in session or to the mayor.
§ 4. Previous to the second Saturday in August, of each
year, the said assessment roll may be inspected by any per-
son interested in the same. At the regular meeting of the
council, on the second Saturday in August, of each year,
and not afterward^ the said council shall hear the application
of any person who may consider himself or herself aggrieved
by the said assessment, and, on being satisfied of any error
therein, they may correct the same.
§ 5. On the return of said assessment to the mayor or
council the city clerk shall cause to be posted, in the most
public place of each ward, one written or printed notice,
that the assessment has been returned and is ready for
inspection, and also of the time when application may be
made for reviewing the same.
cierk'3 copy and § ^- Immediately after the second Saturday in August,
warrant. gf cacli year, the city clerk shall make out a true copy of
the assessment, to which, after being satisfied that the same
is a correct copy, as above, the cit}^ council shall annex a
warrant, signed by the mayor of said city, requiring the
collector to collect from the several persons the several
amounts of taxes and costs set opposite their respective
names, and pay the same to the treasurer of the city. And
the said collector shall, thereupon, attend at some place in
each ward of said city, for the purpose of receiving taxes,
giving ten days' notice of such place and the day on which
he will attend, for the purpose aforesaid; and if any resident
of said city shall neglect to pay his taxes on the day men-
tioned in such notice, the collector shall proceed to levy the
same of the goods and chattels of said resident, and, after
Taxsiiie. giving tcu days' notice of the time and place of sale, by
posting up a notice thereof in three public places in said
city, shall sell as many of said goods and chattels as may be
necessary to make the amount of tax and costs. In cases
where the owner is not a resident of the city the collector
shall proceed to levy and sell, within ten days after the day
fixed in said notice. The said warrant shall be returnable
CITIES. 271
on the second Saturday in October, after the date thereof;
at which time the collector shall return said warrant and tax
list to the clerk of the city council and pay over all money
by him collected to the treasurer and take his receipt for the
same.
§ 7. In the return to said warrant the collector shall give
a list of the names of the persons whose tax upon personal
property he has been unable to collect, on account of not
finding goods and chattels whereon to levy the value of the
property assessed and the amount of the tax thereon, and
state, in said return, that he has been so unable to collect
the tax; and the city council may give him credit for the
amount of taxes he has been unable to collect.
§ 8. The collector shall also make a list of the real estate PfUnciuent tax
upon which the taxes have not been paid or collected, and ^*'
state to whom each parcel of said real estate was assessed,
or that the same was assessed to a person "unknown," and
describe said real estate and give the amount of tax on each
parcel. The collector shall return said list at the time last
aforesaid, wdth a certificate, signed and sworn to by him,
that said taxes remain unpaid and that he could find no
goods or chattels whereon to levy and collect the same; and
the city council may credit him with the amount.
§ 9. The said list shall be evidence of the taxes and costs
due on any real estate in said city, and whenever anj' person
owning real estate in said city shall fail to pay the same on
or before the second Saturday in October, of any year, the
city collector shall thereupon proceed to obtain judgment
against and to sell said real estate, for taxes and costs, in the
same manner as is provided by the revenue law of this
state for obtaining judgment against and selling delinquent
lands.
§ 10. All real estate sold for taxes and assessments RedempUon.
assessed under this chai'ter shall be sold and may be redeemed
in the same manner and upon the same terras as lands are
now sold and redeemed in cases of sale for state and county
taxes ; and the deed of the city collector, for real estate sold
under this charter, shall have the same force and efl'ect as
deeds made by oounty collectors of this state for delinquent
lauds sold for state or county tax.
ARTICLE 8th.
OP PUBLIC IMPROTEMENTS.
§ 1. The city council shall have power to cause any improvement of
street, alley or wharf in said city to be graded, leveled, ^"''^'^'*
paved, macadamized or planked, and keep the same in
repair; to cause sidewalks and crosswalks, drains and sew-
ers to be constructed, and regulate the same, and to grade,
improve, protect and ornament any public square, now or
hereafter laid out in said city, and to levy and to collect a
CITIES.
tax for the purpose of carryinj^ into [effect] the above
powers.
§ 2. Every owner of any lot or lots in said city, in front
of whose premises the city cxjuncil shali, by ordinance, order
and direct a sidewalk to'' be constructed or repaired, shall
construct such sidewalk at his or her own expense, within
sixty days after a copy of said ordinance is delivered to such
owner: Provided^ such ordinance is not passed in the month
o_t December, J?inuary, February or March; and if such
side-walk be not constructed or repaired by such owner or
owners, in the manner and within the time required by
ordinance, the city council may cause the same to be con-
structed or repaired, and assess the expenses thereof, in an
order, to be entered on their journal; and the said city council
is hereby authorized and empowered to sue and recover
from the owner or owners of said lot or lots two -thirds of
said expenses, so entered in said order, with twenty per
cent, damages on said amount; and said order is hereby
made a lien on said lot or lots, and shall be evidence of the
amount of such expenses : Provided^ the said council may,
at any time, by ordinance, fix the amount of such expenses
to be paid by the owner of said lot or lots at more or lets
than two-thirds of said expenses.
ARTICLE 9th.
Exemption from § 1- The inhabitants of the city of Shawneetown are
state tax. hereby exempted from state tax, for the period of twenty
years, from the adoption and passage of this act for the pur-
pose of enabling the said inhabitants to levee the city of
Shawneetown, to prevent its frequent or periodical inunda-
tion, from the overflow of the banks of the Ohio and Wa-
bash rivers, Avithin and adjacent to the said city ; and the
city council are authorized to levy upon the reafand perso-
nal property within the city limits, a tax, to be called a
Levee tax. "Icvee tax ;" which shall be equivalent to the tax which
would inure to the state of Illinois, from time to time, had
this exemption not been made. And the city council are
also authorized, by this act, to levy an additional levee tax,
not exceeding two and one-half per cent, upon the real pro-
perty within the corporate limits of said city, as well as all
other real and personal property embraced within said levee,
to high water mark, on the hill in the rear of said city ;
which shall be appropriated to no other purpose than for
making and keeping in repair the said levee. All of the
above taxes, mentioned in this section, shall be levied and
collected, annually, excepting the two and one-half per cent.,
last above mentioned, which shall be levied and collected in
the discretion of the city council, as other city taxes are lev-
ied, assessed and collected, and shall be kept as a separate
fund — the city treasurer giving special bond in the premises.
CITIES. 273
§ 2. It shall be the duty of the city council, as soon as construetion of
practicable after the j)assage and adoption of this act, to . ^^^^^"
proceed and make arrangements for the construction of a
levee that will so far surround the city, of a sufficient height
and breadth, as to entirely prevent the future inundation or
overflow of said city, or any part of it, from the waters of
the Ohio or Wabash rivers ; and they are hereby authorized
and empowered to borrow money, at not exceeding one per
cent, a month interest, and to pledge the revenue of the city,
together with the revenue and taxes mentioned in the first
section of this article, for the payment of said money and
the interest thereon ; and they shall issue bonds, to secure
the payment of said money, with full specifications, signed
by the mayor and attested by the city clerk, under the seal
of the said city.
§ 3. The city council are authorized and empowered to contracts for
make contract or contracts, for the construction of said levee, ^"^•'"^s '«^®®-
and shall require of the person or persons undertaking the
the same a bond or bonds, payable to said city of Shawnee-
town, with good and ample security, for the performance of
said contracts, to be approved by the city council. . The city
council may appoint a surveyor or engineer, who is hereby
required to survey and lay otf the ground upon which the
said levee shall be constructed, agreeable to the directions
of the city council, and shall peribrm such other general du-
ties as surveyor or engineer of said city, whose salary, fees
and duties shall be fixed by ordinance. The city council
shall, from time to time, repair, improve, or alter the said
levee, and shall make such rules and regulations concerning
it, as shall not be in violation with the constitution of the
United States or this state, and shall have the right of way
in its general construction and control.
ARTICLE 10th.
MISCELLANEOUS.
§ 1. The court over which the said city judge shall pre- city court,
side shall be called the city court of Shawneetown, and
shall have a seal, which may be altered by the city council.
The said judge shall have concurrent jurisdiction with the junsdieUon.
justices of the peace of Gallatin county, to the extent of their
jurisdiction, or in matters over which they have jurisdiction ;
but no changes of venue shall be taken from before him,
excepting in cases prescribed by the law governing the
changes of venue in the circuit courts of this state. And
where a change of venue is sought, the person making ap-
plication shall proceed in like manner as from said circuit
courts ; and said changes shall be taken to no other than to
the county or circuit courts of said Gallatin county : Prom-
ded, said county court shall have jurisdiction of the natm-e
of the case : And, provided, further, that said case is not for
—24
CITIES.
Authority of city
judge.
the violation of any city ordinance. And if tlie case so
changed shall be a criminal case, perpetrated against the laws
of the state, ^Aathout the limits of the said city, the city mar-
shal may take a recognizance, with sufhcient penalty and
security of the said defendant, for his apjjearance at the
court to which the change is taken. The said recognizance
shall be payable to the state, for the use of said county, and
recoverable, in case of forfeiture, in an action of debt, in any
court of Gallatin county having jurisdiction ; and, on failure
to give such recognizance, the marshal shall commit the said
defendant to the county jail, to be dealt with according to
law, at the expense of said county.
§ 2. The city judge is hereby vested with power to take
acknowledgments of deeds and other instruments of writing,
take depositions and administer oaths necessary in so doing,
and to certify the same, under the seal of said court ; and,
when so certified, the same shall be taken in evidence, in
any court, without further j)roof, and he shall further have
power to administer oaths to. the officers of the city, and for
general purposes, and to witnesses in any investigation be-
fore the city council, etc. Appeals may be taken from the
decision of said judge to the county court or circuit court of
said county: Provided, the county court shall have jurisdic-
tion ; and, in the event that the said county court has or has
not jurisdiction, said appeal or appeals may be taken to said
circuit court in the same manner as appeals are'taken from
justices of the peace under the laws of this state.
^^ § 3. Transcripts of the dockets of said city judge may
be filed with and recorded by the clerk of the circuit court
of Gallatin county in the same manner as from other justi-
ces of the peace of said county ; and said transcripts shall
have the same effect against and lien upon real estate that
transcripts from other justices of the peace of said county
have or may have.
pf § 4. The city council shall have power to provide for
the punishment of offenders, by imprisonment in the city
calaboose, (which is hereby construed to mean a city jail,
unless a city jail be erected within and by said city in addi-
tion to the calaboose,) the county jail, or by both fine and
imprisonment, within the jurisdiction of said city judge, un-
der the statute of this state.
§ 5. The said city judge shall adopt a series of rules,
regulating the practice in his court, and shall record the
same in his docket. lie shall also enter the names of attor-
neys appearing in each case, if any, and for which of the
parties said attorneys appeared, respectively ; and shall open
and adjourn said court, by public proclamation, made by the
marshal, his deputy, or some person appointed by the court.
lie may require written pleadings in said court.
J. § 6. All warrants for money on the city treasury shall
be ordered and allowed by the city council, signed by the
CITIES. ' 275
mayor and attested by the clerk ; and wlien said warrants
shall have been presented for payment and the date of pre-
sentation entered thereon by the treasurer, the same shall
have priority of payment in the distribution of the general
fund in said treasury: Provided, that no warrrant or order
shall be drawn on the city treasury, to be jDaid out of the
"levee fund," unless the said warrant shall stipulate that it
is to pay for constructing or repairing said levee ; nor shall
said fund be paid out for any other purpose.
§ 7. The city marshal shall attend, in person or by dep- Duty of city mar-
uty, the said city court, when in session, and shall therein ^^^'
preserve order, etc. He shall, by himself or deputy, have
power to arrest or cause to be arrested, with or without pro-
cess, upon view or information, all persons who shall break
the peace, or threaten to break the peace, or be found vio-
lating any ordinance of said city, and may hold such per-
sons for examination or detain them in the calaboose of said
city, or other safe place, for the space of thirty-six hours,
and until they can be brought before the said city judge.
The marshal shall be required to give bond, as collector, in
double the amount of the city revenue, to be approved by
the city council. Said city judge is hereby required to re-
port to the city council, in writing, at their monthly meeting
in each month, the amount of fines, penalties and forfeitures,
and other moneys collected by him, belonging to said city.
He shall pay the same to the treasurer immediately after
making said report, and take his receipt in a book kejot for
that purpose ; wliich shall be as vouchers in making his an-
nual report to said council ; at which time said council shall
make a thorough examination of the vouchers, reports and
dockets of said said judge ; and, to secure this end, the said
city council shall require of the said judge a bond, in the
penalty of one thousand dollars, payable to the said city ;
which shall be safely kept, also recorded in the recorder's
office of Gallatin county ; and any person feeling aggrieved
by the official conduct of said judge, may bring suit on said
bond, in an action of debt, in any court of Gallatin county
having jurisdiction.
§ 8. In the event that the mayor shall be required to Mayor's oath.
act in the stead of said city judge, as provided in section 3,
article fifth, of this act, he shall, before acting, take a sinai-
lar oath prescribed for and taken by said judge. And said
mayor is hereby made a conservator of the peace.
§ 9. The city attorney is hereby made a conservator of Du^tyo'ciiyattor-
the peace, and shall have power to arrest or cause to be ar-
rested, without process, any violator of ordinances. He
shall be considered a member of said court^ and shall have
power to enter nolle ^prosequi in criminal prosecutions in said
court ; and, in the event of his absence or inability to attend
to said duties, may appoint some attorney to act for him ;
and in the event, further, if no attorney should be elected
276 • CITIES.
at an}- regular election the gaid city council shall have
power to aj^point one in his stead, to act until his successor
is elected and qualified.
Koad labor. § 10. The inhabitants of the city of Shawneetown are
hereby exempted from working on any road extendino- out-
side the city limits. And the city council shall provide for
all the resident paupers.
§ 11. The city council shall have power, for the purpose
of keeping the streets and alleys and wharf in repair, to re-
(piire, _ by ordinance, every able bodied male inhabitant in
said city, over twenty-one years of age, to work on said
streets, alleys and roads, not exceeding live days in each and
every year.
Failure to work § 12. Whenever any inhabitant of said city, liable to do
on streets. ^,^^^1 labor, shall violate any ordinance requiring him to
perform such labor, by failing or refusing to perform the
same, after due notice, the street commissioner shall report
his name to the city judge, who shall forthwith issue his war-
rant, commanding the city marshal to bring such inhabi-
tant before the said judge, who shall try him, as in other
cases, for violating a city ordinance ; and, if convicted, he
shall he lined one dollar for each day he shall fail to work
on said streets or alleys or wharf.
§ 13. The city council shall cause to be pubhshed in the
newspaper in said city having the largest circulation or by
postmg a written notice in each ward, annually, on the first
Monday in May, a complete statement of all moneys re-
ceived and expended ; and said statement shall be certified
to be correct by the mayor and city treasurer.
Suits and prose- § 14. All suits and prosccutions, instituted by the cor-
cutions. poration hereby created, shall be instituted and prosecuted
in the name of the city of Shawn eetown ; and all actions
commenced by and all fines and forfeitures which have
accrued to the president and trustees of Shawneetown shall
be vested in and prosecuted by the corporation hereby crea-
ted ; and all the rights which have accrued to said president
and trustees and all their property, held for the use of the
inhabitants of Shawneetown, shall be vested in the corpora-
tion hereby created.
§ 15. The city council shall have power to levy a poll
tax, of not exceeding one dollar, against each leo-al voter of
said city, for city purposes. " ^
Serving of pro- § 16. Whenever the city marshal is unable or refuses to
serve any process issued by the city judge the same may be
served by tlie sherift' or any constable of Gallatin county.
§ 17. All fines and forfeitures, recoverable by indict-
ment or action, for any offense committed within the limi
of said city, shall be paid into the city treasury, for the use
^ of the city.
cniEs. 277
§ 18. This act is hereby declared to be a public act ; to
be in force from and after its passage, and may be read, in
evidence, in all the courts of this state, without proof
§ 19. No money shall ever be borrowed by the city
council, unless the ordinance therefor shall first be submit-
ted and voted for by a majority of the voters voting at an
election for that purpose, except for constructing or repair-
ing a levee.
§ 20. 'No person shall be incompetent to serve as a wit- '^vuneases anu
. K . 1 1 • i» en • jurors.
ness or juror m any suit when the city ot fehawneetown is
a party, by reason of his being an inhabitant of said city ;
and all ordinances of the president and trustees of Shawnee-
town shall remain in force till repealed by the city council.
§ [21.] The president and trustees of the town of Shaw- vote upon char-
neetown shall cause an election to be held in said town, ''^''"
giving ten days' notice thereof, on the second Monday in
March next ; at which time all legal voters residing within
tlie limits described in section second, of the first article of
this act, shall vote for or against the adoption of this charter;
and if a majority of the votes polled at such election are in
favor of the adoption of said charter it shall immediately
take efiect as law ; otherwise it shall be of no legal effect.
But if a majority of said legal voters, at said election, shall
not be in favor of the adoption of this charter, it may be
submitted for adoption by said voters at any time within
twelve months — the said president and trustees giving ten
days' notice of an election to be held for that purpose.
§ [22.] It is hereby made the dutj^ of the said president
and trustees to open and examine the poll books, and to an-
nounce the result of all elections under this charter, until
the said city council shall be elected and qualified ; and it is
hereby made the duty of the town clerk, and the city clerk
thereafter, to certify to the county clerk of Gallatin county
the election of said city judge; and the county clerk shall
thereupon, without delay, certify the election of said city
judge to the governor of the state, as in cases of certifying
the elections of justices of the peace; and all acts or parts
of acts or laws in any wise conflicting with this act are re-
pealed from and after the passage and adoption of this charter.
Approved February 22, 1861.
AN" ACT to amend the charter of the City of Springfield. In force February
21, I86I.
Section 1. Be it enacted by the Peo2?le of the State of Illi-
nois, represented in the General AssemUy, That section two
of article two, and section one of article three of the charter
of the city of Springfield, and also section two of "An act
CITIES.
to amend the charter of the city of Springfield," approved
February the eighteenth, a. d. eighteen hundred and fifty-
nine, be and the same are hereby so amended, that the an-
nual charter election of the city of Springfield of all officers
of said corporation, required to be elected by the charter of
said city, or a:ny ordinance thereof, shall hereafter be held
on the second Tuesday of April in each year; and upon that
day, the mayor, the city clerk, the city attorney, the city
marshal, the city assessor and collector, the city treasurer,
and city supervisor, shall be elected by the qualified voters
of said city. There shall also be elected at the same time,
in each ward, by the qualified voters thereof, one alderman,
to represent such ward in the city council. All officers elect-
ed or appointed under said charter, except aldermen, shall
hold their ofiices for one year, and until the election or ap-
pointment and qualification of their successors respectively.
All other officers mentioned in said charter, and not otherwise
Appointment of Specially provided for, shall be appointed by the city coun-
offieers. ^jl^ ^^ ballot, OH the third Monday of April, in each year,
or as soon thereafter as may be ; but the city council may
specially authorize the appointment of watchmen and police-
men by the mayor, to continue in office during the pleasure
of the city council, and subject to removal from office by
tlie ma^'or, for good cause. All officers elected or appointed
to fill vacancies, shall hold for the unexpired term only, and
, until the election or appointment and qualification of their
successors.
§ 2. So much of section seven of article two, or any pro-
vision ol the city charter, or of the amendments thereof, as
requires all officers of the city, or persons elected to otiice
under the provisions of the charter of the city of Spring-
field, to he qualified voters, at city elections, shall not be held
to apply to the office of city engineer ; but the city council
of said city may appoint any person to fill said office of en-
gineer or surveyor, who may be a citizen of the United
States, and who shall have resided in this state one jqsly
previous to his appointment to said office.
§ 3. So much of section three of article eight of the
charter of the city of Springfield, as provides that a petition
shall be presented to the city council, by a majority of the
owners of real estate before the levy and collection of a spe-
cial tax on the real estate, for the purpose of constructing
any sewer or drain within any district, shall not be held to
apply to the sewering of the Town IJranch in said city. In
such case, no petition shall be necessary.
IJe it farther enacted^ that the 22nd section of an act
entitled "An act to amend the charter of the city of Spring-
field," approved February ISth, 1859, be and the same is
hereby so amended as to give to the city council ol said city
the power to sewer the water course in said city, known as
the "Town Branch," by sections. The i:)0wer is hereby
Town Branch.
CITIES. 2T9
expressly conferred to lay -off said Town Branch into as
many sections and sewer districts, as to said city conn:nl may
seem proper, and to bnild a sewer in any one of saitl sec-
tions and sewer districts, in pnrsnance of the provisions of
said act.
TREASURY DEPARTMENT.
§ 4. . There shall be, after the next annnal election, and controller,
there is hereby established in the city of Springtield, an ex-
ecutive department of the municipal government of said city,
to be known and styled the "Treasury Department," which
shall embrace a city controller, the city treasurer, and the
city collector or collectors, and all or any receivers of the
city revenues, which are now or may be appointed by law,
and all such clerks and assistants, including an auditor, as
the city council may, by ordinance, see fit to prescribe and
establish.
§ 5. The said treasury department shall have control of ^'^f^'l^l^^^ ^/
all the fiscal concerns of the said corporation, and shall pre- partment.
scribe the forms of keeping and rendering all city accounts
whatever ; and all accounts rendered to or kept in the sev- •
eral departments of the city government, shall be subject to
the revision and inspection of the officers of this department.
It shall settle and adjust all claims whatever for the cor-
poration or against them, and all accounts whatsoever, in
w)aich the corporation is concerned, either as debtor or cred-
itor.
CITY CONTROLLER.
§ 6. There shall, after the next annual election in said official bond.
city, be appointed, by a vote of a majority of all the alder-
men elected to the city council, some discreet and able ac-
countant, to be styled the "City Controller," who shall be
chief of said treasury department and hold his office until
removed or a successor be appointed ; who shall receive
such compensation for his services as may be established by
law, and who shall be removable at all times by vote of two-
thirds of all the aldermen elected to the city council ; and he
shall give bonds, with securities, to the amount of not less
than ten thousand dollars ; and the amount of his bond may
be increased to such sum as may be fixed by the city coun-
cil ; said bond to be approved by the mayor and city coun-
cil and filed in the city clerk's office, and entered on record.
He shall also be sworn the same as other officers to the faith-
ful discharge of the duties of his office.
§ 7. The controller shall, immediately after his appoint- controller's du-
ment, open and keep in a neat, methodical manner, a com-
plete set of books, under the direction of the mayor and
finance committee, wherein shall be stated, among other
CITIES.
Warrants
treasurer.
things, the appropriations of the year for each distinct ob-
ject and branch of .expenditure, and also the receipts from
each and every source of revenue so far as he can ascertain
the same. Said boolcs, and all papers, vouchers, contracts,
bonds, receipts, and other things kept in said office, shall be
subject to the examination of the mayor, the members of the
city council, or any committee or committees thereof.
§ 8. The controller shall be charged with, and shall ex-
ercise a general supervision over all the officers of the city
charged in any manner with the receipt, collection or dis-
bursement of the city revenues, and the collection and re-
turn of such revenues into the city treasury. He shall be
the fiscal agent of said city, and as such shall have charge
of all deeds, mortgages, contracts, judgments, notes, bonds,
debts, or choses in action, belonging to said city, and shall
possess and carefully preserve all assessments and tax war-
rants, and the returns therof made by any collector or recei-
ver of taxes and assessments, and all leases of markets, and
other public property of said city. He shall also have su-
pervision over the city debts, contracts,- bonds, obligations,
loans and liabilities of the cit}^, the payment of interest, and
over all the property of the city, and the sale or the dispo-
sition thereof; over all legal or other proceedings, in which
the interests of the city are involved, and, with the ajiproval
of the mayor, to institute or discontinue such proceedings,
and to employ additional counsel, where he thinks the inter-
ests of the city require it, and, generally, in subordination
to the mayor and city council, to exercise such supervision
over all interests of said city as in any manner may concern
or relate to the city finances, revenues and proj^erty.
,f § 9. It shall be the controller's duty to examine, adjust,
and audit all accounts, claims and demands, for or against
the city; and no money shall, after his appointment, as
aforesaid, be drawn from the treasury, or paid by the city
to any person or persons unless the balance due or payable
be first established and adjusted by the said controller; and
for the purpose of ascertaining the true state of any balance
or balances so due, he shall have and he is hereby clothed
with full power and authority to administer an oath or oaths
to the claimant or claimants or any other person or persons
whom he may think proper to examine as to any fact, mat-
ter or thing concerning tlie correctness of any account, claim
or demand presented, and the person so sworn shall, if he
swear falselj', be deemed guilty of wdllful and corrupt per-
jury, and be subject to punishment accordingly, the same as
in all other cases.
1 § 10. All money found to be due and payable by the
controller to any person or persons, shall be drawn for by
said controller by warrant on the treasurer, which shall be
countersigned by the mayor, stating therein the particular
fund or appropriation to which the same is chargeable and
CITIES. 281
the person to whom payable ; but if said controller should,
upon any examination of any account as aforesaid, still doubt
as to its correctness, he shall submit the same to the mayor
and finance committee for their decision thereon, which de-
cision shall be binding upon the city, and filed among his
other vouchers in the controller's ofiiice ; and after the ap- ^ ~
poiutmcnt of said controller, no money shall be drawn from
the treasury except on the warrant of the controller drawn
as aforesaid.
§ 11. It shall be the duty of said controller, as nearly Receipt of reve-
as may be, to charge all officers in the receipt of revenue or "" '
moneys of the city, with the whole amount, from time to
time, of such receipts ; and in regard to all tax and assess-
ment warrants for the collection of revenue, and all licenses
or permits whatever, issued or granted under any ordinance
or law of the city, by virtue of which money is receivable
or to be received or paid into the city treasury from or by
any person or persons, he shall countersign the same, charg-
ing the proper officer the amount collectable thereon ; and
no tax or assessment warrant, license or other permit issued
or granted, under which the collection of any money for
said city may be authorized, shall be of any validity or force
whatever, unless countersigned by said controller. He shall
also require of all oflicers in receipt of city moneys, that
tliey shall submit reports thereof, with vouchers and re- official report*,
ceipts of payment thoi-efor, into the city treasury, weekly
or monthly, or as often as he shall see fit to require the
same, by any regulation which he may adopt ; and if any
such ofiicer shall neglect to make an adjustment of his ac-
counts, when so required as aforesaid, and to pay over such
moneys so received, it shall then be the duty of the said con-
troller to issue a notice, in writing, directed to such officer
and his securities, requiring him or them, within ten days,
to make settlement of his said accounts with the controller, •
and to pay over the balance of moneys found to be due and
in his hands belonging to said city, according to the books
of said controller ; and in case of the refusal or neglect of
such officer to adjust his said accounts, or pay over said
balance to the treasury, as required, it shall .then be the
duty of said controller to make report of the delinquencyof Deiinqueneies.
such officer to the mayor, who shall at once suspend him
from office ; and the mayor of said city is hereby authoriz-
ed, upon the happening of such event, to declare said office
vacant, with the concurrence of the city council, and to
nominate a successor, in case of removal, who shall be ap-
pointed by and with the advice and consent of the city coun-
cil, to fill said office for the unexpired term of the officer so
dismissed, as aforesaid.
§ 12. The controller shall make out an annual report Annual pouce re-
fer publication, in the month of March in each year, at least
ten days before the election, giving a full and detailed state-
282 CITIES.
ment of" all the receipts and expenditures of money during
the year ending- on the first day of March. The said state-
ment shall also detail the liabilities and resources of said
city, the condition of all unexpended appropriations and
contracts unfulfilled, and the balance of money then remain-
ing in the treasury, with all sums due and outstanding;
the names of all persons who may have become defaulters
to the city, and the amount in their hands unaccounted for,
and all other things necessary to exhibit the true financial
condition of the city ; which report, when examined and ap-
proved by the finance committee, shall be published by him
in some newspaper or newspapers, in the city of Spring-
field, authorized to publish the ordinances of the city, at least
one week before the annual election.
Estimate of year- § 13. The Said Controller shall, also, in the month of
ly expenses. ^pnl^ in each year, before the annual appropriations are
made by the city council, submit to the same a report of
the estimates necessary, as nearly as may be, to defray the
expenses of the city government during the ensuing fiscal
year, commencing ' on the first day of the said month of
March. He shall in said report class the difierent objects and
branches of said city expenditure, giving as nearly as may
be the amount required for each, and for this purpose he is
authorized to require of all city officers and heads of depart-
ments their statements of the condition and expense of
their respective departments and offices, with any proposed
improvements, and the probable expense thereof; of con-
tracts already made and unfinished, and the amount of any
unexpended appropriations of the precedin gyear. He shall
also, in such report, show the aggregate income of the pre-
ceding fiscal year, from all som-ces ; the amount of liabilities
outstanding, upon which interest is to be paid, and of bonds
and city debts payable during the year, when due and when
payable, so that the city council may fully understand the
money exigencies and demands of the city for the ensuing
year. But in no event shall the city council make the cur-
rent appropriations of any year exceed in amount the in-
come of the city during the preceding year, as ascertained
by the controller in his said statement, unless in the pay-
ment of interest on the public debts of the city. They shall
provide, according to law, by taxation or otherwise, some
additional fund out of which such excess of appropriations
may be made to meet such indebtedness.
Improvements of § 14. The coutrollcr sliall also keep in his office a cor-
'^'*^'' rect list of all local and public improvements ordered by
the city council and under contracts by the city, copies of
which shall be furnished him by the city clerk, and all con-
tracts and estimates made by tlie city council or any officer
of said city, in relation to such improvements, for any work
contracted or undertaken, done or finished, shall be filed
CITIES. 283
in said controller's office, and no contract made shall be of
any validity, unless countersigned by said controller.
CITY TKEASUEEE.
§ 15. The city treasurer shall hereafter keep his office office of th« city
in some place, to be designated by the city council, appro- ''^"'^'
priated to the keeping of such office in the treasury depart-
ment, lie shall keep his books and accounts in such man-
ner as the city controller or city council may prescribe, and
such books and accounts shall always be subject to the
inspection of said controller and the finance committee.
^ § 16. All warrants drawn upon the treasurer must be
signed by the controller and countersigned by the mavor,-
stating therein the particular fund or appropriation to which
the same is chargeable and the person to whom payable,
and no money shall be otherwise paid than upon such war-
rants so drawn.
§ 17. lie shall keep a separate account of each fund
or appropriation, and the debts and credits belonging
thereto.
§ IS. lie shall give every person paying money into Receipts,
the city treasury a duplicate receipt therefor, specifying the
date of payment; upon what accomit paid; and he shall
also file copies of such receipts with the city controller at
the date of his monthly reports, as herein provided.
§ 19. The treasurer shall, at the end of each and every Monthly report. ■
month, and oftener if required, render an account to the
controller, showing the state of the treasury at the date of
such account, and the balance of moneys in the treasury.
He shall also accompany such account with the du})licate
of all receipts issued by him for moneys received into the
treasury, together wath all warrants redeemed and paid by
him ; which said receipts and warrants, with any and all
other vouchers held by him, shall be delivered over to the
controller, and filed with his said account in the- controller's
office upon every day of such settlement.
§ 20. The treasurer shall keep all moneys in his hands Money to be kept
belonging to the city, in such place or places of deposit as ^'^'■^**^-
the city council may hereafter, by ordinance, provide, order,
establish or direct; and such moneys shall be kept distinct
and separate from his own moneys ; and he is hereby ex-
pressly prohibited from using, either directly or indirectly,
the corporation money or warrants in His custody and keep-
ing, for his own use and benefit, or that of any other per-
son or persons whomsoever; and any violation of this pro-
vision shall subject him to immediate removal from office
by the mayor, with the concurrence of the city council, who
are hereby authorized to declare such office vacant; and
the mayor, in case of said removal, shall nominate a suc-
cessor, who shall be appointed to said office upon the con-
284
CITIES.
ADQual report.
firmation of said city council, and hold liis office for the
remainder of the unexpired term of such officer so re-
moved.
§ 21. The treasurer shall also report to the city council,
annually, on the first Monday of March in each and every
year, and oftener, if required, a full and detailed account
of all receipts and expenditures, and the state of the treasu-
ry. He shall also keep a register of all warrants redeemed
and paid into the treasury during the year, descrihing each
-warrant, its date, amount, number, the fund from which
payable, and person to whom paid, specifying also the time
of "receipt thereof; and all such warrants shall be examined,
at the time of making such annual report to the city council,
by the finance committee, who shall examine and compare
the same with the books of the controller and report dis-
crepancies, if any, to the city council.
CITY COLLECTOR.
Official papers.
Report of control-
ler.
Penalty
Uuoing
for re-
money,
Sncoeesor.
§ 22. The city collector, hereafter to be elected by the
people, shall keep his office in such place as may be desig-
nated and provided by the city council, appropriated to the
keeping of such office, in the treasury department, and shall
keep in said otHce, besides his collection and revenue war-
wants, such other books, vouchers, records and accounts as
the controller may, by regulation of the department direct
and prescribe, which books and records, with all other
papers, shall remain in and pertain to said office, and be
handed over to the successor of said officer.
§ 23. All of the city collector's papers, warrants and
vouchers shall be examined by and the same are hereby
placed under the supervision of the treasurer and controller,
together with the finance committee ; and the said collector
shall, on receipt of the same, pay over all moneys collected
by him of any person or persons to the city treasurer, taking
his receipt .therefor, which said collector shall innnediately
file in the controller's office.
§ 24. The city collector shall make [report] in writing,
to the controller, monthly, or oftener if required, of the
amount of all moneys collected by him ; the account upon
which collected, anil shall [file] with him the vouchers or
receipts of the treasurer for the amounts so collected.
§ 25. The city collector is hereby expressly prohibited
from keeping the moneys of the city in his hands,' or that
of any person or corporation, to his use, beyond the time
prescrilx'd for the payment of the same to the city treasur-
er ; and any violation of this provision shall subject him to
removal from office, in the manner now provided by law ;
and it is hereby declared to be the duty of the mayor, upon
such removal being made, to nominate and appoint a suc-
cessor,- with the advice and consent of the city council.
porta.
CITIES. 285
§ 26. Tho city collector shall, on the first Monday of A"""^' report.
March of each year, submit to the city council a statement
of all the moneys by him collected during the year, and the
particular warrant, assessment or account upon w'hich col-
lected, and the balance of moneys uncollected on the war-
rants in his hands, or returned to the controller, and a copy
of such statement shall also be filed with the controller.
§ 27. The finance committee and the controller shain°«pe<:«on of re-
annually meet in the month of March, and compare all such
reports and statements as are made by the controller trea-
surer and collector, and report thereon to the city council.
§ 28. In the adjustment of the accounts of the treasurer
and collector with the controller there shall be an appeal to
the finance committee, whose decision in all matters of con-
troversy, arising between said officers in the treasury de-
partment, shall be binding, unless the city council shall
otherwise direct and provide.
§ 29. The said controller, collector and treasurer shall
perform such other duties and be subject to such other rules
and regulations as the city council may, from time to time,
by ordinance, provide and establish.
§ 30. All acts or parts of acts, not inconsistent with this
act, shall remain in full force and effect.
§ 31. This act shall take effect and be in force from and
after its passage.
Appeoved February 21^ 1861.
AX ACT to incorporate the Springfield Water Works Company.
Section 1. Be it enacted hy the People of the State of
lUinios, represented in the G-eneral Assembly, That John
Williams, E. F. Paith and C. W. Matheny be and they are ^^.^^^,. ^^^^j^
hereby named and constituted as a board of water commission- sioners. '''"^™"'
ers for the city of Springfield, who, and their successors in
oflice, shall be a body politic and corporate, by the name and
style of "The Board of Water Commissioners of the City of
Springfield," and by that name shall have perpetual succes-
sion, with power to contract, sue and be sued ; to purchase,
hold and convey personal and real estate ; to have a com-
mon seal, to alter and change the same at j^leasure; to make
by-laws, and do all legal acts which may l)e necessary and
proper to carry out the intent and to effect the objects of
this act.
§ 2. The said commissioners shall hold their offices, re- Term of office
spectiyely, for the teiTn of three, four and five years. Said
commissioners shall, within sixty days after the passage of
286
CITIES.
tliis a^t, decide, by lot, their respective terms ; wliicli deci-
sion the city council shall be .notified of by a written
statement, which shall be entered of record on the journals
of said city council ; and on the first Tuesday of April, in
the year of our Lord one thousand eight hundred and sixty-
four, and on the first Tuesday of April annually thereafter,
there shall be an election held by the qualified voters m said
city, in the same manner and at the same hours and places
that elections are held for the election of mayor, for the -
election of one or more commissioners to fill all vacancies
occasioned by the termination, in any manner, of the term
of any commissioner under this act. The said commission-
ers named in this act, and in case of the death or resigna-
tion of any of said named commi'ssioners, those appointed
and confirmed by the city council to fill such vacancy, shall
hold theirioflices until the election and qualification of their
successors. And all commissioners elected subsequent to
the first election aforesaid shall hold their ofiice for the term
vacancy in office, of three ycars. And in case of the death or resignation ot
any of said commissioners the remaining commissioners
shall nominate some citizen of said city, being a qualified
• voter, to fill such vacancy, and shall present such citizen to
the city council of said city for confirmation ; who, if con-
firmed by said city council, shall have full power to act as
such commissioner ; but, if the said city council shall refuse
to confirm such nomination, said commissioners shall nomi-
nate another, and so on, until such confirmation shall be
made ; such person, when confirmed, shall fill such vacancy
until the next regular election of commissioners to be held
after such confirmation. .
Report to city § 3. The Said commissioners may make sucli division
council. Qf duties among themselves, for each year of their term, as
they shall deem expedient, and shall report, in writing, to
the city council, the nature and extent of the duties assign-
ed to each commissioner ; which report shall be made on
the first Monday of May, in each year ; and the council
shall fix the salary to be paid to each commissioner lor the
performance of the duties so specially assigned to him.
Duties of eommis- § 4. It shall bc the duty of ^.he said commissioners to con-
sionei-s. g-^'gj. ^11 iiiatters relative to supplying the city ot Springfield
with a sufficient quantity of water, to be taken and conduct-
ed from the Sangamon river; said commissioners to use all
reasonable means to furnish the water from said river m
as pure and wholesome a state as possible. _ ^
Engineers &c. g 5. Tlic Said coinmissioiiers shall have power, and it is
made their duty to employ engineers, surveyors and sucti
persons as in their opinion may be necessary to enable them
to perforin their duties under this act.
5 G Said commissioners shall have the power, and it is
"mffiry. ''^' herel)y made their duty, as fast as the necessary funds shall
be jn'ovided, to purchase such lot or lots of land, and to
CITIES.
287
construct sucli buildings, machinery and fixtures as shall be
deemed necessary or desirable to furnish a full supply of
water for public and private use in said city.
§ 7. Said commissioners shall have power to build a Reservoirs, pipe,
dam across the bangamon river at such point as they shall *"■
deem most convenient and desirable, and to make all neces-
sary excavations, and to erect all necessary buildi^f^s at the
said river on such lot or lots of land as they may purchase
for that purpose, and to procure the right of way from such
point as they shall agree upon at said river across all lands
between the same and such lot or lots of land as they shall
fix upon at the city of Springfield for the laying down of
all necessary pipes; and to construct reservoirs, jets and
public and private hydrants, and to lay pipes in and throuo-h
all the alleys and streets of said city ; and also to construct
fountains in the public grounds of said city as they shall
deem proper with the consent of the city council.
§ 8.^ The said commissioners shall have power to borrow, Borrowing of mo-
Irom tnne to tmie, as they and the city council shall deem "'bonds '"^^
expedient, a sum not exceeding two hundred thousand dol-
lars, upon the credit of said city of Springfield ; and shall
have power, by and with the apjH-oval of the city council of
said city, to issue bonds pledging the faith and credit of said
city lor the payment of the principal and interest of said
bonds ; which bonds shall be issued under the corporate seal
of the city of Springfield and signed by the mayor and city - '-
clerk, and may be made payable at such place and in such
currency as they shall deem expedient, and bear interest not
exceeding eight per centum per annum : Provided, that no
bonds shall be issued until the city council shall have appro-
ved of such issue by a vote of a majority of all the aldermen
by law authorized to be elected. It shall be the duty of the
said commissioners to keep an accurate register of all bonds
and all interest coupons issued by them, sho^nng the number,
date and amount of each bond and coupon, and to whom is-
sued and where payable; and it shall be the duty of the city
clerk to register the said bonds when approved as aforesaid,
in the same manner as the other indebtedness of said city is
registered : Provided, further, that all funds derived from
the sale of the bonds of said board or from water rents or
otherwise, shall be exclusively used for and appropriated by
said board to the objects and purposes specified in this act,
nor shall any part thereof be loaned to or used by the said
city of Springfield.
§ 9. The said commissioners shall, from time to time, water rents.
assess the amounts 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 be-
come a continuing lien upon such house or other building,
for the accommodation of which water shall have been in-
288 CITIES.
troduced, and upon the land or lot on wliicli such house or
other building stands, when said lot or land and building
are owned by the same person or persons, from the time
the water shall have been introduced as aforesaid.
§ 10. The said board shall have the power, and it shall
be their duty, to assess as water rents such amounts as they
shall deem equitable, upon the owner or owners, occupant
or occupants of any building or buildings which shall be
situated on lots adjoining any street, avenue or alley in said
city, through which the distributing water pipes are or may
hereafter be laid from which such building or buildings
can be conveniently supplied with water, whether the said
owner or owners shall make use of such water or not ; and
said water rates shall be and become a continuing lien or
charge upon all such buildings and the lot or lots upon
which such buildings are situated, if owned by the same
person or persons as such building or buildings, and shall
be collected in like manner with other water rates of said
city. ■, .
^ 11 The said commissioners shall also, from time to
Assessment for (j -^-^' -^-^^^ j , ,
use of public hy- time asscss upon the person or persons occupying or owning
'^''^"*' any house or other building situated in the vicinity of any
public hydrant, when said house or other building is not
supphed by a private hydrant, such amount as in their judg-
ment the occupant of such house or other building might
be benefited 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 upon which the same
may stand, when said house or other building and lot are
owned by the same individual, in the same manner as other
water rates of said city.
§ 12 It shall be the duty of the said commissioners to
Collection of wa- o * n -^ • j ' J.^ r • _
ter rents. collcct the rcuts SO asscsscd, as required m the loregomg
sections ; and in case any person or persons so assessed shall
neo-lect to pay any such assessment for ten days after the
time fixed for the payment thereof, of which notice shall be
o-iven in some newspaper published in the 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 corporation, directed to the
marshal or any constable of said city, commanding him
to make the amount specified in such warrant, being the
amount due for water rents, as aforesaid, together 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 goods and chat-
tels of the person so assessed, as aforesaid ; and the mar-
shal or constable, in such case, may levy, under said war-
rant, upon any personal property of the person or persons
against whom the same is issued, and sell the same at pub-
lic auction, after giving ten days' notice of the time and
CITIES. 289
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 hona fide incumbrances as shall have
existed prior to the time of the introduction of such water,
as aforesaid.
§ 13. It shall be the duty of the said board to return to
the city council, as often as said board shall deem necessary,
the warrants for the collection of water rents issued by them
as provided above, which have been returned to said board
unsatistied ; and shall report to the city council, at the same
time, the building or buildings, lot or lots, to which the
amounts sj^ecified in such warrants are respectively chargea-
ble ; and the city council shall thereupon take the same
proceedings for the collection of such amounts as are or may
hereafter be provided by the charter and ordinances of said
city for the collection of the amount due in any warrant for
the collection of sidewalk assessments, after such warrant
has beea returned unsatisfied; and the amount, when so •
collected, shall be paid to the said board.
§ 14. The said board shall cause to be printed on each water permits.
water permit, issued to any party using the water, a copy
of all rules and restrictions regulating the use of the water
which shall be adopted by them ; and they f hall further
report a copy thereof to the city council, who shall thereupon
pass an ordinance establishing such rules and regulations,
and providing penalties for their violation — which penalties
may be enforced in any court having jurisdiction of any
offense against any of the ordinances of the said city. In
all cases where said water rates are not paid as required by
this act, and the rules, regulations and ordinances passed in
pursuance thereof, and in all cases where the rules and
restrictions caused to be printed on the said permits by the
said board are not complied with, the said board shall have
the right to stop or cut off the supply of water from any
person or persons refusing or neglecting such payment or
compliance.
§ 15. It shall be the duty of said commissioners to con- Hydrants for ex-
struct hydrants of sufficient size and capacity and in such "°gwsWngfire».
localities as they shall deem desirable for the purpose of
extinguishing fires; and they shall assess the houses and
other buildings in the vicinity of the said hydrants, in the
proportion in which they shall deem the same respectively
benefited; and the said assessment shall be collected in the
same manner as herein provided for the collection of the
water rent assessed by said corporation.
§ 16. The said commissioners shall keep an accurate Record of buM-
account or record of all proceedings, together with a list of "'''^'*° '^'"" '
all assessments 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
—25
CITIES.
other competent person for the purpose, as they may deem
desirable.
§ 17. It shall 1' e the duty of said commissioners to make
report to the city council semi-annui.lly, 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 account of their
expenditures — which statement shall be certiiled by said.
commissioners under oath, and shall be entered of record
by the clerk of the said city, and published in some news-
paper in said city of Springlield.
§ 18. Whenever the receipts of the said corporation
from water rents and other sources shall accumulate so that
there shall be a surplus amounting to a sum not less than
five hundred dollars not needed for the current expenses of
the said corporation, it shall be the duty of the commission-
ers to invest the same lirst in the payment of interest on
said bonds as it becomes due, or in the purchase of the out-
standing bonds of said company, if they can be purchased
at or below par; if not, then in the purchase of United
States or state government stock, or upon unincumbered
real estate in the county of Sangamon, of at least double
the value of the amount loaned, with the approval of the
mayor and committee of finance of the city council, or a
ma]ority of them. Such investment shall be made in the
name of said corporation, and in such manner as to make
the same available for the payment of the interest and prin-
cipal of the bonds issued by them. The semi-annual report
of the said board shall specify in full the nature and amount
of the respective securities in which the said surplus fund
is invested.
§ 19. 'No one or more of said commissioners, nor any
of the officers of said board, nor any member of the city
council, during the term for which they were elected, shall
be interested, directly or indirectly, in any contract entered
into by said board with any person, nor in tlie purchase of
any materials to be used or applied in or about the uses and
purposes contemplated in this act.
ho« § 20. The said commissioners, or either of them, may
be removed from office by the judge of the circuit court of
Sangamon county, or the judge of the circuit in which San-
gamon county is situated, upon petition addressed to said
judge, at any time, by the order of the city council of said
city'! The said petition shall be voted by a majority of all
the members of said council, and, when presented to such
judge, shall be accompanied by specification of charges
made against said commissioner or connnissioners. No
technicaT form shall be reipiired for the statement of said
charges, so that the same are stated in such a form as to be
specffic and intelligible. The judge to whom such petition
is addressed, upon presentation of said petition, shall order
CITIES. 291
a copy thereof to l)e. filed in said court of wliicli he is judge,
and notice o^* the tiling thereof to be issued f(.)ilh\vith b}'
the clerk of said court to said commissioner, and that the
same would be taken up at the next term of said couit after
the service of such notice upon said commissioner. The
said judge shall sit as a special commissioner to try said
charges, and the course of proceedings in said trial shall be
governed by the general rules of procedure in the trial of
misdemeanors in the courts of this state, excepting that no
jury shall be allowed. Evidence may be given, either orally
or b}'' deposition, as in civil cases, and the said commission-
ers may each be interrogated upon oath, touching the mat-
ter coutained in said charges ; and if it shall appear to the
satisfaction of such judge that the said connnissioner or
commissioners, charged as aforesaid, have been guilty of
malfeasance in olfice, or of any breach of duty, either of
commission or omission, under this act, which shall have
been charged as aforesaid, the said judge shall order the
removal of any one or more of said commissioners; and if
the said judge shall, for any cause, remove any one or more
of said commissioners from office before the expiration of
the term of office, the city council shall thereupon appoint
a commissioner or commissioners in the stead of those so
removed, who shall till such office for and during the unex-
pired term of the commissioner or commissioners so
removed.
§ 21. It shall be the duty of said commissioners, at least Taxes to pay in-
thirty days before the time fixed by the city ordinance for
assessing city taxes, to make a special report to the city
council of said city what, if any, sum will be needed by
said commissioners, over and above the revenue of said
corporation, to meet the payment of interest or principal of
the bonds issued as aforesaid ; and it shall be the duty of
the city council to raise said amount by a special tax in the
same manner as general taxes, to be designated water tax;
and the said amount shall be paid over to the said corpora-
tion by the collector of said city.
§ 22. The said commissioners are hereby authorized to Rigiitofway.
enter upon any land or water for the purpose of making
surveys, and to agree with the owner of any property which
may be required for the purposes of this act, as to the
amount of compensation to be paid to such owner.
§ 23. In case of disagreement between the commission-
ers and owners of property which may, in the judgment of
the commissioners, be recpiired for any of the purposes
specified in this act, as to the amount of compensation to be
paid such owners, or in case any such owner shall be an
infant, a married woman, or insane, or absent from this
state; or in case of disagreement between the said commis-
sioners and any owner or owners of property, touching the
amount of damages arising li-om the construction of any
CITIES.
part of the work authorized by this act, the said commis-
sioners shall have the right to condemn said property, or to
have the amount of such damages ascertained, or both; and
the proceedings of the condemnation of such property, or
the ascertainment of such damages, or both, shall conform
as nearly as may be to those specilied and provided in the
act entitled "An act to amend the law condemning right of
way for purposes of internal improvements," approved
June 22, 1852, and the act or acts of which the same is an
amendment.
§ 24. ISTo account or claim against the said board shall .
be allowed, except by the vote of a majority of the said
board.
§ 25. No member or other officer of said board, and no
member of the city council, shall, either directly or indi-
rectly, receive any interest or protit whatsoever on account
of the deposit of any of the funds belonging to the said
commissioners, nor shall any member or other officer of the
said board, or any member of the city council, either directly
or indirectly, make use of or borrow any of the funds of
the said commissioners for his own private benelit or advan-
tage. The funds of the said commissicners remaining on
hand shall, at all times, until disposed of, be kept deposited
in such place or places of deposit as shall, by an order of
said board, be directed — which order shall be entered upon
the records of the said board. The said commissioners shall
be liable upon their bond for the loss of any or all money
coming into their possession or control as such commis-
sioners.
§ 26. The funds of the said board shall be drawn out
upon checks or drafts, regularly numbered, and payable to
the order of the resjiective person or persons for Avliose
benefit the same are intended, and briefly specifying for
what purposes or account the same are drawn. A careful
register of the checks or drafts shall be kept in the office of
said board, and the original checks or drafts, when returned
to said board, shall be carefully liled and preserved among
the vouchers of the said board ; and the said register and
the said returned checks or drafts shall always be subject to
the examination of the finance or any other committee
appointed by the city council for such purjDOse ; and it shall
be the duty of the said finance committee, or some other
committee, or of such other person or persons as may be
a])pointed by the city council for such purpose, to examine
the said register, and the cash accounts and the checks and
drafts of the said board, at least once in three months, and
oftener if the city council shall deem it ex])edient.
.. § 27. It shall be the duty of the said commissioners to
keep books of account, showing v/ith entire accuracy the
amount of the receipts and expenditures of such board, in
such manner as to enable the same to be readily understood
CITIES. 20^
and investigated, and also to carefully preserve on file in
their ofHce vouchers for all their expenditures — which books
and vouchers shall at all times be open to the exaniiiiation
of the iinance committee of the city council, or any other
committee, person or persons appointed by the city council
for such purpose ; and it shall be the duty of the said
finance committee, or any special committee appointed for
such purpose, at the time of the presentation of the semi-
annual reports of the said board to the council, as herein
provided, to make a thorough examination of the books,
accounts and vouchers of the said corporation, and to report,
in writing, to the city council, the results of said investiga-
tion.
§ 28. The said commissioners, as soon as they shall have superintendent.
decided by lot their respective terms, they and their succes-
sors annually thereafter, on the first Monday of May, shall
elect a superintendent, who shall perform all such duties
and acts as they, the said commissioners, have the power to
perform by virtue of this act, and as they may adopt, by
written order, and assign to such commissioner. The super-
intendent so elected may be removed at any time by a vote
of all the members of the board.
§ 29, All contracts made and entered into by and with contracts.
the said board shall be made in writing, and ot each con-
tract two copies shall be taken, which shall be numbered
and indorsed with the date of- the contract, and with the
name of the contractors, and a summary of the work to be
done or materials to be furnished, one copy of which shall
be retained by the said commissioners, and the other copy
of which shall be filed with and kept and preserved by the
clerk of said city among the files of said oflice.
§ 30, The said commissioners, after they shall have
decided by lot their respective terms, shall succeed to and
take the control of the Springfield water works, (contract
for the building of which has been entered into by and
between the city of Springfield and Ennis & Eastman,)
and also to succed to and take the control of such lot or
lots of land as have been or may be purchased or procured
for the use ot said works. Said commissioners shall have
the same powers, rights and privileges with respect to and
to the control and regulation of said lands and woi'ks that
said board would have had, had the lot or lots referred to
been purchased by said commissioners, and the work con-
tracted for with them and by their authority under this act :
Provided, that nothing in this act shall be construed so as
to interfere with or invalidate said contract ; nor shall any
thing contained in this act release or impair any of the
obligations or provisions of that or any other contract by
and with the said city of Springfield in relation to said
water works.
204
CITIES.
Superintendent's
salary.
Official bonds.
Presei'vation
property.
Proposals for con
tracts.
§ 31. The salary of said commissioners and superinten-
dent shall be fixed by the city council of said city from time
to time, as soon as may be after the passage of this act, and
after each election as herein provided ; and the amount of
such salary shall not be reduced during the term fur which
said commissioners shall be elected.
§ 32. Each commissioner, before entering upon the
duties of his office, shall give bond to said city in such sum
and with surety to the satisfaction of the city council of
said city, conditioned for the faithful performance of his
duties as such commissioner — the amount of which bond
may be increased at any time, as the said city council may
deem expedient ; and tlie city council shall have the power
to require the superintendent to give such bond to said city
as it shall deem necessary and expedient.
§ 33. The city council may pass such ordinances as they
shall deem necessary tor the preservation of the property of
said board and the w^ater procured by said corporation, and
annex such penalties in such amounts as they shall deem
appropriate, not exceeding the sum of one hundred dollars.
Said penalties may be collected before any police magistrate
of said city, as other penalties are collected for violations of
the ordinances of said city, whether said injury to said_ pro-
perty or water shall be to the property or water within or
without the city limits, and within the county of Sangamon:
Provided, that nothing contained in this section, or in any
ordinance passed in pursuance thereof, shall deprive the
proper party of the right to have and maintain^ the proper
action for damages caused by said injury or of any person
to prosecute the offender for a violation of the criminal code
of this state in its commission.
§ 34. Public notice shall be given of the time and place
at which sealed proposals will be received for entering into
all contracts with said corporation. All proposals for con-
tracts shall be sealed, and be for a sum certain as to the
price to be paid or received, and no proposition which is
not thus definite and certain shall be received or acted upon.
§ 35. Every person who shall enter into any contract
shall give satisfactory security to the commissioners for the
faithful performance of his contract according to its terms.
§ 36. All acts or parts of acts heretofore in force, and
inconsistent with the provisions of this act, are hereby
repealed.
§ 37. This act shall take effect from and after its passage.
ArPROVED February 21, 1801.
CITIES. 295
AX ACT providing for the submission of the act incorporating the Springfield In force February
Water Works Company of the City of Springfield to the qualified voters " ' ^ '
■ thereof.
Section 1. Be it enacted hj the People of the State of
Illinois^ represented in the General Assembly^ That at a
special election, hereby ordered to be held on Tuesday, the ^i'''«'^' election.
12th day of March, a. d. 1861, the (|ualiiied voters of the
said city of Springlield may vote for or against "An act to
incorporate the Springfield Water Works Company," pass-
ed the 20th day of February, a. d, 1801.
§ 2. The question shall be submitted to the qualified voters,
aforesaid, by ballot, to be written or printed or partly writ-
ten or partly printed, "For the Act incorporating the Spring-
field AYater Works Conqjany," or "Against the Act incorpo-
rating the Springfield Water Works Company;" to be can-
vassed and returned in like manner as votes for city ofiicers
of said city.
§ 3. If a majority of the votes cast at said election shall
be found for the act incorporating the Springfield Water
Works Company, then the said act shall be and remain in
full force and etfect. And if a majority of the votes cast at
said election shall be found against the act incorporating the
Springfield Water Works Company, then said act shall be
null and void.
§ 4. The city council of said city shall have power to de-
signate the judges and clerks, and the place in each ward
of said city for holding the said election ; and the city clerk
of said city shall give notice of said election, as soon after
the i)assage of this act as may be, by publication in two of
the newspapers published in said city until the day of said
election.
§ 5. This act shall take efiect and be in force from and ^^^"^^ of ^°t'ns-
after its passage. And the said act to incorporate the Sring-
field AVater Works Company shall not take efiect or in no
wise be in force nnless approved by a majority of the voters
at the election hereby provided.
Appkoved February 21, 1861.
AN ACT to authorize the Governor and Secretary to contract with the Wa- 1° f'^Jf e Febraai-y
ter Commissioners of the City of Springfield and with said City for the pur-
poses herein named.
Section 1. Be it enacted hj the People of the State of
Illinois, represented in the General Assembly, That the go-
vernor and secretary are hereby authorized to contract with Pnce to be paw.
the board of water commissioners of the city of Springfield f""'''"''"'
for an adequate supply of water for the public buildings in
206 ' CITIES.
the city of Springfield : Provided, such contract shall secm-e
a supply of water as long as it is supplied to any citizens
of the city of Springfield : And j>7'ovided, further^ that the
price agreed to be paid shall not i-atably exceed the price paid
by citizens of said city of Springfield.
Fixtures for pub- § 2. The govemor and secretary are further authorized
lie buildings. |.Q YL\QkQ contracts for pipes, hydrants and other fixtures
necessary and proper to secure an adequate supply of water
for the public buildings, either with the said board of water
commissioners or other parties^ at such prices as shall be
paid for similar work and materials at Springfield.
Sewerage of the § 3. Tlic govcmor and sccretaiy are further authorized
state house. ^q coutract witli the city of Springfield for the right to con-
nect the sewerage of the state house grounds with any sewer
belonging to said city, and to contract for the making of a
sewer for the drainage of such public grounds : Provided,
that no expenditure shall be made under this act, nor any
contract consummated, until after the introduction of water
into the city of Springfield by said board of water commis-
sioners.
Approved February 22, 1861.
In force Februjiry AN ACT to amend an act entitled "An act to charter the city of Urbana,"
I'^i ^^61. approved February 2'7th, 1855.
Section 1. Pe it enacted hy the People of the State of
Illinois, rejjresented in the General Assembly, That the
Sale of lots for act entitled "An act to charter the city of Urbana," approv-
tax. ^^ Februar\' 2Tth, 1855, be so amended as to allow the said
city to acquire title to lands or town lots, within the limits
of the same, upon which default shall be made in payment
of taxes hereafter due said city from said lands or town lots,
upon any assessment whatever, legally made by said city.
That when the same shall be offered for sale, as now provi-
ded by law, and not sold, for want of purchasers, it shall be
and the same is hereby declared to be forfeited to the said
city of Urbana ; and thereafter all right, title and claim of
the former owners shall be considered as transferred and
vested in the said city : Provided, that at any time previous
.to the expiration of two years from the date of such forfeit-
ure the owner or owners, or the assignee, devisee or mort-
gagee of said owner or owners, may redeem the same, by
paying to the county clerk of Champaign county double the
amount of taxes and costs due at the time of the forfeiture,
together with interest at the rate of ten j)er cent, per annum,
on the same, and such costs as may have accrued to said
city since the forfeiture.
CHICAGO BOARD OF UXDEJRWKITEKS. 297
§ 2. If, at the expiration of the two years aforesaid, the Failure to re-
lands or town lots thus forfeited sliall not be redeemed, in '^'""■
accordance with the provisions of the precedino; section 'the
said city sliall be entitled to a deed for the lands or town' lots
so forfeited, upon complying with the conditions prescribed
lor individuals, under the same circumstances, by the statutes
of this state : Provided, that the mayor of said city shall be
competent to give the notice and make the oath required by
said statutes. "^
§ 3. That the lands or lots, so acquired, may be con veved
by the mayor of said city to individuals bv quit claim deed
when the same shall be ordered by the common council oi'
said city.
§ 4. That in all cases where the said city shall be indebt- orders on the
ed to any person or persons, on any account whatsoever, "''''"'"'■
and the same shall have been audited and ordered paid by
the common council of said city, orders may be drawn on
the treasurer of said city for the same, in such amounts as
the person owning the claim may desire, anvthing in the
general laws of this state to the contrary notwithstanding :
Provided, that the aggregate amounts of said orders shall
not exceed the amount due.
Appkoved February 18, 1861.
AN ACT to incorporate the Chicago Board of Uuderwriters of the City of In force February
Chicago. " »2, 1S61.
Section 1. Be it enacted by the Peojyle of the State of
Illinois, rej^resented in the General AssemUy, That T L
Miller, Julius White, H. B. Wilmarth, C. N. Holden, S. T. corporate name.
Atwater, B. W. Phillips,- S. C. Higginson, Alfred James,
and their associates, now composing the Chicago board of
underwriters, and such parties as may hereafter be admitted
members thereof, are hereby created a body politic and cor-
porate, nnder the name and stvle of " The Chicago Board
of Underwriters of Chicago ;" and by that name^nav sue
and be sued, implead and be impleaded, receive and' hold
property and effects, real and personal, by gift, devise or
purchase, and dispose of the same, by sale, lease or other-
wise ; said property, so held, not to exceed at any time the
sum of two hundred thousand dollars ; may have a common
seal, and alter the same from time to time ; and make such
by-laws, rules and regulations, from time to time, as tliey
may think proper or necessary, for the government of the
corporation and the management of their business and the
mode in which it shall be transacted, as thev may think
proper, not contrary to the laws of the land.
—26
298
CHICA.GO BOAKD OF UNDEEWKITEES.
Constitution and
by-laws.
Officers.
Committees
bitration,
l^eal, &c.
Chief surveyor
Fines
§ 2. That the constitution, bj-la^vs and rules and regu-
hations of the said existing Chicago board of underwriters
shall be the constitution, by-laws and rules and regulations
of the corporation hereby created, until the same shall be
regularly repealed or altered. And the present ofticers of
said board, known as the Chicago board of underwriters,
shall be the officers of the corporation hereby created, until
their respective offices shall regularly expire, or be vacated,
or until the election and installation of new officers, accor-
ding to the pro\dsions hereof.
§ 3. The officers shall consist of a president, vice presi-
dent, treasurer, secretary and chief surveyor, and such other
officers as may be determined upon by the by-laws, rules
and regulations of said corporation. All of said officers
shall, respectively, hold their offices for the length of time
fixed upon by the by-laws, rules and regulations of said cor-
]3oration hereby created, and until their successors are elect-
ed and qualified.
§ 4. The object of this corporation shall be to promote
the best interests of all insurance companies transacting the
business of marine, fire and life insurance, in the state of
Illinois,
ar- § 5. Said corporation may elect, constitute and appoint
^!'" committees of arbitration and appeal, and committees on
fines and penalties, who shall be governed by such by-laws,
tariff's and rules and regulations, for the settlement of such
matters as may be voluntarily or otherwise submitted to them
by the corporation. The acting chairman of any committee,
so elected, constituted or appointed, may administer oaths to
the parties and witnesses and issue subpoenas and attach-
ments, compelling the attendance of parties and witnesses,
the same as a justice of the peace, and in like manner direct-
ed to any constable to execute.
§ 6. Said corporation shall have power to elect a chief
surve^^or and to appoint as many assistant surveyors as they
may see fit, who shall have the legal right to examine, in-
spect and survey any property, whatever, insured or upon
which application is made for insurance, and all property
upon wdiich insurance can be efl:'ected ; and such surveyors
may be appointed and act as fire marshals, fire police or fire
wardens, by and under any municipal or state authority
within the state of Illinois that has the power to appoint
them as such.
§ 7. Said corporation may inflict fines upon any of its
members, and collect the same, for breach of its by-laws,
rules, regulations, tariff's and rates. Such fines may be col-
lected, by action of debt, before a justice of the peace, in the
name of the corporation.
§ 8. Said corporation shall have no power or authority
to do or carry on any business, excepting such as is hereto-
CLINTON COUNTY TAX — COAL COMPANIES. . 299
fore mentioned in tliis act of corporation or such as is usual
in boards or associations of underwriters.
ArPKOVED February 22, 1861.
AN ACT to authorize the County Court of Clinton County to assess an addi- In force February
tioual tax for County purposes. ■^*'
Section 1. Be it enacted hy the People of the State of
lllhiois^ represented in the General Assembly, That the
county court of Clinton county be and is hereby authorized Rebuilding of jaii.
to assess an additional tax, not exceeding thirty cents on
each one hundred dollars' worth of taxable property in said
county, for the purpose of rebuilding the jail in said county,
that was destroyed by lire, and for other purposes. This
act to be in force from and after its passage.
Appkoved February 18, 1861.
AN ACT to incorporate the DuQuoin Coal Minin"; and Manufacturing Company. In force February
^ 20, 1S61.
Section 1. Be it enacted hy the People of the State of
Plinois, rei?rese7ited in the General Assemhly, That Chester
A. Keyes, Isaac S. Metcalf, Franklin Campbell, Stephen R.
Wetmore, George W. Wall, Gilbert ISTettleton and William
K, Parish, and their associates, successors and assigns, be
and are hereby created a body politic and corporate, by the xame and powers
name and style of " The DuQuoin Coal Mining and Manu- ° <=°>'poration.
facturing Company ;" and by that name shall have succes-
sion, with power to contract and be contracted with ; sue
and be sued, in all courts and places ; to have a common
seal, and change the same at pleasure; to engage in the
mining, manufacturing, sale and transportation of coal, iron,
coke, coal oil, and al) kinds of mechanical and manufacturing
business, by mills, furnaces, founderies, factories, machine
shops, shafts, pits and other structures, for mining, manu-
facturing and constructing any and every kind of articles,
of coal, iron, wood, metals, wool, flour, meal or other mate-
rial, or any composition, combination or mixture of them,
and to carry on the same by steam or other power or mode,
not forbidden by law.
§ 2. The said company may receive, purchase and hold ^pos^e^g-on ^""^f
any real estate, leasehold property, chattels real, mining real estate,
rights and personal property, for the purpose of mining and
manufacturing as aforesaid and preparing for sale, transpor-
300
COAL COMPANIES.
Capital stock.
Books of subscrip-
tion.
'Organization.
tation and selling any and all of said articles, minerals and
fabrics as may be deemed necessary by them to the success-
ful prosecution of their business and the execution of the
powers herein granted ; and may buy, build and own ma-
chinery, boats, houses, for carrying on their business ; and
may Bell and convey their real and personal property or '
lease the same ; and may receive real estate and personal
property, in payment of stock ; and shall have power to
construct and open such wagonways or railways, and appur-
tenances thereto, either above or below ground, to such
points as they may deem expedient ; and to draw bills of
exchange, promissory notes or bonds, in the prosecution of
their business ; and, for such purpose, are hereby vested
with all the rights and powers of other corporations in this
state.
§ 3. The capital stock of said company shall not exceed
one hundred " thousand dollars, and shall be divided into
shares of fifty dollars each ; and the owner of stock in said
company shall, by himself or by proxy, be entitled to cast
one vote for each share at all elections held by this company
for president and directors, after the organization thereof,
as provided in section four of this act.
§ 4. The corporators named in the first section of this
act, or a majority of them, or of the survivors, in case any
should die, are hereby authorized to open books of subscrip-
tion to the capital stock of said company, at such places and
times as they may deem most appropriate ; and as soon as
the sum of ten thousand dollars is subscribed the subscribers
to said stock may elect a president and not less tlian three
nor more than seven directors, to manage and transact the
business and afiairs of said company ; at which election
each subscriber, either in person or by proxy, may cast one
vote for each share subscribed.
§ 5. When the said sum of ten thousand dollars shall
have been subscribed to the capital stock of said company
the said corporators, or a majority of them, shall forthwith
give notice, by publication in some newspaper pubhshed in
the town of DuQuoin, or the next nearest paper to said
town, to the subscribers to said stock, to meet at DuQuoin,
on a day to be named therein, to organize said company, as
provided in section four of this act; and the said president
and directors, when elected, and their successors, shall have
power to appoint a secretary, treasurer and such other offi-
cers and agents as they may deem necessary, and define
their powers ; and to make such by-laws, rules and regula-
tions as they may deem necessary for the government and
management of the business and affairs of said company
and its officers and agents, not inconsistent with the consti-
tution of this state and of the United States : Provided, that
an election shall be held, annually, for president and direc-
tors of said company, at the office of said company, upon
COA.L COMPANIES. 301
such notice as the president and directors may prescribe :
And, ]jrovided, further, that the oliice of said company
shall be within or near the town of DuQuoin, in the county
of Perry.
§ 6. The president and directors shall issue certificates certificates of
of stock to the owners thereof, Mdienever the same shall be ^'°*'''*
paid for ; which certiticate shall be signed by the president
and countersigned by the secretary and registered in a book,
to be kept for that purpose. Said certificates, when issued,
shall be transferable and assignable in such manner as the ■
president and directors shall, by their by-laws, prescribe.
§ 7. It shall be lawful for the president and directors to
borrow or obtain on loan any sums of money, not exceeding
the amounts of stock actually paid in, on such terms and
conditions as they may deem expedient and for the interest
of said company, and to issue bonds for the same, secured
by mortgage on the real or personal estate of said company
or otherwise.
§ 8. It shall be lawful for the president and directors to Payments of sub-
require payment of the sums subscribed to the capital stock ^'="p'"'"-
at such times, in such proportions and on such conditions as
they shall deem fit, under the penalty of the forfeiture of all
previous j)ayments thereon ; and shall give notice of the
payments thus required and of the place and time when and
where the same are to be paid and the amount required, at
least sixty days previous to the payment of the same, in
some public newspaper published in the town of DuQuoin,
or, in case no paper is published in said town, then i,n the
next nearest newspaper ; and if any person who shall have
subscribed stock in said company shall fail to meet any such
call, within the time prescribed by said president and direc-
tors, he, she or they shall not be entitled to vote for presi-
dent and directors at any annual election, unless otherwise
ordered by the president and directors of said company.
§ 9. This act shall be and the same is hereby declared
to be a public act ; and the same shall take effect and be in
force from aud after its passage.
AprEOYED February 20, 1861.
AN ACT to amend an act entitled "An act to incorporate the Eagle Coal lu force m.niary
Company," approved February 14tli, 1S57. "'
Section 1. Be it enacted hy the Peo])le of the State of
Illinois, Q-ejyresented in the General Assembly, That said
company are hereby authorized and empowered to increase
their capital stock to any amount, not exceeding five hun-
302 COAL COMPANIES.
dred tlioiisand dollars, and the number of their directors to
any number, not exceeding seven.
Construction of § 2. It sliall bc lawful for said company to construct and
railroads. operate railroads, from their mines, to connect with other
contiguous railroads, under and subject to the powers granted
by the act to which this is an amendment, for the purpose
of constructing a railroad from their mines to the Illinois
Central railroad : Provided^ none of said railroads, hereby
authorized to be constructed, shall exceed fifteen miles in
length.
§ 3. The fourth section of the act to which this is an
amendment is hereby repealed.
§ i. This act to be in force from and after its passage.
Approved February 22, 1861.
In force February AN ACT to amend an act entitled "An act to incorporate the Eureka Coal
•22, 1S61. Company," approved February 16th, 1857.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assemhly, That said
company are authorized and empoweited to erect and operate
such machinery as may be necessary for the manufacture of
coal oil, iron or any other article of which the product of
their mines form a component part.
Construction of § 2. Said couipauy is hereby authorized and empowered
to construct one or more railroads, to connect their property
with any railroad constructed or that may be hereafter con-
structed ; and all powers and jDrivileges conferred upon the
Eagle coal company are hereby conferred upon the said
Eureka coal company.
§ 3. All the powers and privileges conferred on said
company, heretofore limited to the county of Livingston, are
hereby extended to the county of LaSalle.
§ 4. This act shall be in force from and after its passage.
Appkoved February 22, 1861.
railroads.
In force February AN ACT to define the powers of the IlHnois Central Iron and Coal Mining
'■^'^.1501. Company.
Section 1. Pe it enacted hy the People of the State of
Illinois, represented in the General AssemUy, That all the
rights, powers and liabilities of the Illinois Central Iron and
Coal Mining Company, heretofore incorporated under the
general laws of this state, shall be such as are prescribed
COAL COMPANIES. 303
hj the act entitled "An act to authorize the formation of
corporate companies for the purpose of mining and transpor-
tation, by a general law," approved June 22d, 1S52 ; and
all the business aifairs and management of said company
shall be conducted under and conform to the above entitled
act, anything in the articles of association of said company
to the contrary notwithstanding.
§ 2. This act to be in force from and after its passage.
Appkoyed February 20, 1861.
AX ACT to amend an act entitled "An act to incorporate the Mount Carbon In force Febi-uary
Coal Company," approved January 24th, 1835, and the several acts supple- 6, 1S61.
meutary thereto, approved February 26th, IS-tl, February 1st, 1851, Feb-
ruary lOtli, 1853, and January 19th, 1857, and for other purposes.
Section 1. Be it enacted by the Peoj>le of the State of
Illinois^ rej)resented in the General Assemhhj^ That the said
Mount Carbon coal company shall hereafter be known and corporate name,
recognized, in all courts of law and equity, within the state
of Illinois, as " The Mount Carbon Coal and Kailroad Com-
pany," with perpetual succession ; that all the corporate
rights, privileges and franchises heretofore granted to the
said Mount Carbon coal company, in the several acts here-
tofore recited, are hereby granted, transferred and reserved
to the said Mount Carbon coal and railroad company, as
though the same were herein fully described and set forth,
and the same are hereby declared to be in full force and
eifect ; and all causes, if any exist, of forfeitnre are waived.
§ 2. That the capital stock of said company shall remain capUai stock.
at one million of dollars, divisible into forty thousand shares,
of twenty-five dollars each, on the terms and under the con-
ditions and provisions contained in the original act of incor-
poration of said company.
§ 3. That so much of the provisions of the act entitled Big Muddy .ivev
"An act declaring Big Muddy river a navigable stream,"
approved February 28th, 1839, as applies between the point
where said river crosses the east line of section twenty-two,
of township nine south, in range three west of the third
principal meridian, to its source, is hereby repealed and
declared null and void.
§ 4. ' That this act shall be deemed and taken as a public
act, and shall take eftect and be in force from and after its
passage: Provided, that said company shall comply with
the restrictions set forth in the original act of incorporation
and the several acts supplementary thereto.
Approved February 6, 1861.
estate
304 COAL C0MPxi2;iES.
In force Feiiruary AX ACT incorporatin" the Northwest IlUnois Coal Coiiipuuv.
•21, IsOl. 1 o 1 .
Section 1. Be it enacted hy tJie PeojyJe of the State of
Illinois^ represented in the General Assenibli/, That William
Bailey, Elisha P. Reynolds, Felix R. Brunot, George H.
McBvaiite, Samuel Hopper, Joshua Harper, and Charles
M. Osborn, their associates and successors, bl and are
hereby constituted a body politic and corporate, under the
Name. name and style of "The Northwest Illinois Coal Company,"
with perpetual succession ; with power to contract and be
contracted with ; by that name to sue and be sued ; to have a
common seal, and to alter, renew and amend the same at
pleasure; to take and hold, by purchase, land in the coun-
ties of Henry and Rock Island, for the purpose of mining,
cokino;, transportino- and sellino; mineral, and for the mining
of iron ore, and the manufacture, transportation and sale of
Amount of real irou : jProvided, hovjever^ that the land so held shall not at
any time exceed five thousand acres, and the east half of
section twenty-two (SS,) in township JSTo. (17) seventeen
north, of range one (1) east of the fourth principal meridian,
and lying in the county of Henry, shall constitute a part
thereof; and, moreover, to appoint all necessary agents and
officers, and to make such by-laws and regulations, for the
more thorough organization of said company and the prose-
cution of its busipess, within the meaning of this act : Pro-
vided^ said by-laws and regulations are not inconsistent with
the laws of this state or of the United States; and, more-
over, with power to hold such ]3ersonal property, and, to
possess and erect such roads, railroads, buildings, stacks and
machinery, as may be necessary for the mining, coking,
transporting, manufacturing and selling, in pursuance of the
powers given in this act.
oai-itai stock. ^ 3_ "The capital stock of this company shall be two
hundred thousand dollars, divided into shares of fifty dollars
each; with power, by vote of the stockholders, kt a meeting
duly called, to increase the said capital stock to the sum of
five hundred thousand dollars.
coastnictiun of § 3. The Said company shall have authority to construct
araUroad. ^ railroad, from the east half of section number twenty-two,
(22,) in township number seventeen (17) north, of range
number one (1) east of the 4th principal meridian, or any
part thereof, or from any part of any lands they may here-
after purchase, under authority of this act, to the Mississippi
river, or to connect with any other railroad, in Henry or
Rock Island county: Provided^ that said railroad, with M'hich
this company shall connect, shall n'ot, in its rates or charges,
or by the allowance of any discounts, drawbacks or commis-
sions to any other individual or company or in any way what-
ever, discriminate against the business of the company here-
by chartered.
COAL COMPANIES. 305
§ 4. The right of way for said road or roads, to be con- i^'-''' of ^^y-
structed under the provisions of this act, as also fur depots,
hindings, etc., may be obtained and held by said company,
either by purchase, gift or grant, or iu the mode prescribed
fur the road with which it may cunnect, or in the mode pre-
scribed by an act entitled "An act to amend the laws con-
demning the right of way for purposes of internal improve-
ment," approved June 22nd, 1852, as said company may
elect.
§ 5. -The affairs of said company shall be managed by a officers.
president and board of directors aud such other olhcers as
they may appoint. The president shall be chosen by the
board of directors, from tlieir own number. The board of
directors shall consist of not less than three nor more than
seven persons, who shall be elected, annually, by the stock-
holders, at such time and place as the by-la ,\"s of said com-
pany may prescribe. In each election by the stockholders
of said company each share of stock shall be entitled to one
vote, and the persons having the largest number of votes
shall be declared duly elected : Provided, if, from any cause,
the stockholders shall fail to elect then the retiiing board
shall continue to act until the new election is made.
§ 6. Said company is hereby authorized, from time to ^'
time, to borrow money, to an amount not to exceed the
capital stock actually paid in ; and, for that purpose, may
issue bonds, bearing interest at a rate not to exceed ten per
cent, per annum ; and, to secure the same, may execute one
or more mortgages upon all or any part of the property of
said company; which said mortgages, being duly acknow-
ledged and recorded in the county or counties in which the
property may lie, shall be valid and eH'ectual liens upon the
property of said company, to the extent and for the purposes
for which they are executed.
■ § 8. This act shall take effect and be in force from and
after its passage.
Appeoved February 21, 1861.
urowing
ney.
AX ACT to incorporate the Sparland Mill and Coal Company. in force January
1S61.
Section 1. Be it enacted hy the Peoi^le of the State of
Illinois, represented in the General Assembly, That Egbert
E. Tlurlbut, James Y. Callen, Joseph Sargent, Lyman P.
Bates, William Atwood, S. C. Cotton and G. L. Fort, and
their associates, successors and assigns, are hereby created
and constituted a body politic and corporate, under and by
the name and style of "The Sparland Mill and Coal Com- Name.
pany ;" and by that name and style shall act, be known and
COAL COMPAXIES.
exist, for one hundred years from tlie organization thereof,
and, as such, shall contract and be contracted with, sue and
be sued, plead and be impleaded, defend and be defended,
in any and all courts and other places, as fully and in the
same manner as a private person could or might do.
§ 2. Said corporators, or a majority of them, shall, witliin
one year, cause books to be opened for the subscription to
the capital stock of said company, which shall be lifty thou-
sand dollars, to be divided into shares of iifty dollars each ;
and, as soon as one hundred shares shall have been sub-
scribed, said corporators, or a majority of them, shall give
ten days' notice to said stockholders, by one written notice,
posted at the post office in the town of Sparland, and, in
pursuance thereof, hold an election, by the stock subscribers,
(each share being entitled to one vote,) for live directors of
sqid company, to hold their office for one year and until
their successors are elected. Said directors shall meet witliin
one month after their election and organize, by electing one
of their number president, and, thereafter, elect and provide
for the annual election of all the officers of said company,
by ballot; and no person, except a stockholder, shall be
eligible to any office in said company.
§ 3. Said company shall keep a record of its proceedings,
and also books of the business of the company, which shall,
at all business hours, be subject to the examination of any
stockholder; and said company may adopt and use a corpo-
rate seal, and alter the same at pleasure, by filing an impres-
sion thereof with the clerk of the circuit court of Marshall
county. And said company shall do their business and
keep their office at or near the village of Sparland, in said
county.
§ 4z. As soon as ten per cent, of the subscribed stock
shall have been paid in said 2^i"esident and directors, any
three of whom shall constitute a cpiorum, for any purpose,
may commence the prosecution of any business authorized
by this act.
Property. § 5. Said company shall have power to acquire, })urchase
and hold, personal property, live stock, bonds and stocks,
and to sell and dispose of the same, at pleasure; and shall,
also, have power to acquire, purchase and hold real estate
necessary to fully carry into effect the purposes of this act,
not exceeding forty acres at any one time, which may con-,
sist of separate lots, parcels or amounts, and shall have
power to sell and dispose of the same, at pleasure.
Erection ofbuiid- § ^- Said compauy shall have power to select sites and
'"S3- to build and erect suitable mill buildings, and to sink and
drive shafts and mine for coal, and to carry on either the
milling and mining business, or both, and to transport the
products of the same ; and shall have power to do, and
procure to be done, all such other acts and things as may be
DUNLAP, J. A.: CITIZENSHIP. 307
necessasj and -proper to prosecute and carry on tlie milling
and mining business or either of tliem.
§ 7. Said iM-esident and directors shall have power to i^i'iaws.
adopt such by-laws, rules and regulations as they may deem
proper, for the better prosecuting the business of the com-
pany, which may not be inconsistent with this act, the laws
of this state or the laws of the United States.
§ 8. The affairs and business of said company shall be
managed and controlled by said president and dii-ectors,
who shall elect or appoint all subordinate officers, attc»rneys,
agents and clerks, who may be authorized to act for and in
the name of the company.
§ 9. Said company shall have power to lay out and con- wagon roads and
struct such wagon or cartways or railway switches or tracks '■'"''■°=^'^^-
as may be convenient for the transportation of the products
of their business, not interfering with private property, but
may run along, on or cross any public road or street; and,
wherever the same may be done, said company shall widen,
grade and keep such public road or street in repair, if neces-
sary for the public convenience.
§ 10. Said president and directors shall have power to Payment of sui.-
call in and compel the payment of stock subscribed, at such ^^"^' °°'
time and in whatever manner they choose, by suit or by
sale of the subscriber's stock at auction, or otherwise, as they
see fit, being required to assess and call in upon all stock-
holders ecjually. And the capital stock in said company
shall be deemed personal property, and, when shares are
paid up, may be assigned according to the by-laws of the
company.
§ 11.*^ Said president and directors shall require the official unds.
secretary and treasurer, and may require any of tlie other
officers or the agents or clerks, to give bonds to the com-
pany, with sufficient security, in such penal sum as may be
fixed in the by-laws, for money that may go into their hands
and for the performance of their duty.
§ 12. This act shall be deemed a public act, and read in
evidence in all courts, without further proof.
§ 13. This act shall be in force from and after its passage.
Appeoved February 22, 1S61.
In force February
AX ACT to restore Joseph Andrew Dunlap to citizenship. Ts,%i01
Wheeeas Joseph Dunlap, of Effingham countv, state of
Ilhnois, was convicted of petit larceny, at the September
term of the Effincrham circuit court, for the year 1S57,
thereby depriving him of the rights of a citizen; and the
said Joseph Andrew Dunlap, having conducted himself
308 ' EEWIN, J. J. : CIIA^^GE OF NAME.
as a worthy, honorable citizen, ever since said conviction;
therefore.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assenihlij^ That Joseph
Andrew Dunlap, of Efiing-ham county, state of IlHnois, be
x^estored to all the rights of a citizen, as fully as if said con-
viction had never taken place.
§ 2. This act to take effect and be in force from and
after its passage.
Appkoyed Februai'v IS, 1S61.
In force KeViruaiy AX ACT to chance the name of John Johnson Erwiu to that of John John-
'. ISGl. " gou Mitchell
Wheeeas John Johnson Erwin, of McLean county, who
has heretofore resided with his step father, Isaac Mitchell,
of said county, and has alwa_ys borne the name of John
Jolinson Mitchell, supposing it to be his real name, and
under said name of John Johnson Mitchell lias been
elected and has acted as constable of McLean county, and
has acted in other official capacities under the name of
Mitchell; and whereas the said John Johnson Erwin is
in a few days to take to himself a wife, (an act greatly to
be coiumeiided by this general assembly,) and desires
that himself and his future wife and children may bear
the name of Mitchell; therefore.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That the nan^e
of John Johnson Erwin, of McLean county, who has hereto-
fore resided with Isaac Mitchell, of said county, be and the
same is hereby changed to John Johnson Mitchell; and by
the said name of John Johnson Mitchell he shall hereafter
be known and called.
Acts of the said § 2- -^H ^cts, dccds and contracts, of every description,
Ei-wiD prior to wliicli the Said John Johnson Erwin has heretofore per-
cnange of name" ,, . . , ^^ . -, -"^ . ■,
lormed or entered mto, either as an oincer or as an individ-
ual, under the name of John Johnson Mitchell, shall be
binding upon the said Erwin and all other parties in
interest, in the same manner as if his name had been John
Johnson Mitchell.
§ 3. That the said John Johnson Mitchell shall be and
is hereby made and'^constituted a legal heir of said Isaac
Mitchell, with full power and authority to take, hold and
enjoy and transmit any and all ])roperty that shall or may
descend to him from Isaac Mitcliell, in the same manner as
if he had been a natural born child of said Isaac Mitchell.
§ 4. This act shall be a public act, and shall be in force
from and after its passage.
Approved February 7, 1861.
EXPRESS COMPANY, NORTHWESTEKX. 309
AX ACT to incorporate the Northwestern Express Company. In force Fdn-uavy
^ ' ^ •22, ISOl.
Section 1. Be it enacted hj the People of the State of
Illinois, represented in the General Assembly^ That George
G. Bestor, William G. Jioilvin and John J. Weed, of Peo-
ria, Ilenrj E.. Ghittenden and Benjamin F. Marsh, jr., of
Warsaw, E. Iv, Stone, and James' T. Baker, of Quiney,
Walter S. Gurnee and Lucuius B. Boomer, of Ghicago,
William II, Mitchell and Jeremiah Job, of Alton, and John
♦Williams and Charles W. Matheny, of Springfield, be and
they are hereby created a body politic and corporate, by tlie
name and style of "The TsTortii western Express Gompany;" '^"y"|^'g,J'""'^
and by such name they and their successors shall have per-
petnal snccession, and by and in their corporate name shall
be capable of contracting and being contracted with, and,
in law and in eqnity, of suing and being sued, pleading and
being impleaded, answering and being answered unto, in all
courts, in all manner of actions, suits, complaints and cases
whatever.
§ 2. The said corporation may have a common seal, alter common seai.
or break the same at its pleasure, and may make, establish,
alter or change any by-laws, rules or regulations, for the
government of said corporation, its members or ofHcers, at
any time, or the conducting of its business : Provided, such
bydaws, rules or regulations shall not be repugnant to the
constitutions of the United States or this state or the laws of
the United States or this state.
§ 3, The corporation hereby created shall have power Ti-anspoi-taUon of
to receive and transport and convey, at and from any [point] ^''"'^ *'
in the state of Illinois or any other state, any goods,
wares, merchandise, personal property or effects, of any
description whatever, and to collect and receive charges and
remuneration therefor; and to that intent to do and perform
all other and proper acts ; to purchase, hold and transfer
real estate; to have depots, offices, warehouses or other
buildings, yards, docks, and other things and property usual
or proper in conducting and carrying on the business of
express or freighting companies, in all modes and manners
whatever.
§ 4. The capital stock of said company shall not be less caiiitai stock,
than ten thousand dollars nor more than five hundred thou-
sand dollars, and shall be divided into shares of one hun-
dred dollars each ; and said company may commence acting
as such corporation whenever ten tliousand dollars are sub-
scribed to its capital stock.
§ 5. The ofiicers of said company shall be a boai'd of o^*'^''^-
directors of five, a president, selected from said board, a
secretary and treasurer, also to be elected by said boai-d.
The said directors shall be chosen by the stockholders, and
shall continue in office until their successors are elected by
the stockholders.
310 FAEMEES' STEAM WAGON EOAD COMPANY.
Borromng of mo- § 6. The Said companj shall have power to borrow
r.ey. money and mortgage or pledge its corporate property for
the payment of the same. And the members of said cor-
^. ,.,.,. poration shall be liable, in all cases, to all the creditors of or
Liabilities. i I'lii 1 • -1
persons having legal demands agamst said corporation to
the amount of stock subscribed by them respectively.
§ 7. This act shall be deemed a public act, and received
as such in all courts, and as such adjudged as notice of its
contents to all persons, and shall take effect and be in force
from and after its passage. *
Appeoved February 22, 1861.
In force February AN ACT to incorporate the Farmers' Steam Wagon Road Company of Yer-
""' * ■, milion County, State of Illinois.
Section 1. Be it enacted hy the People of the State of
^ Illinois, represented in the General Assenibly, That James
S. McClelland, Isaac Fisher, Lyons Parker, Halsted Cono-
ver, William Gray and Silas Dickson, be and they are hereby
created a bod}^ politic and corporate, by the name and style of
corrorate name "The Famicrs' Stcam Wagon Road Company ;" and by such
and powers. naiiic they and their successors shall have perpetual succes-
sion ; and by their corporate name shall be capable of con-
tracting and being contracted with, and, in law and equity,
of suing and being sued, pleading and being impleaded, an-
swering and being answered unto, in all courts, and in all
manner of actions, suits, and complaints and cases whatso-
ever.
§ 2. The said corporation may have a common seal, al-
ter or change the same at its pleasure ; and may make, estab- '
lish, alter or change any by-laws, rules or regulations of the
government of the said corporation, its members or officers,
at any time : Provided, such bj^-laws, rules and regulations
be in accordance with the constitution and laws of the Uni-
ted States and of the state of Illinois.
Location of road. § 3. This corporatiou shall have power to build, main-
tain and use a steam wagon road, from the town of Homer,
in the county of Champaign, the towns of Salina and Cat-
lin, in the county of Vermilion, or from either of them to
the town of Dallas, Chillicothe, or any point not more than
sixteen miles south of the Great Western railroad.
Capital stock. § 4. The Capital stock of said company shall not be less
than ten thousand dollars nor more than one hundred and
fifty thousand dollars, and shall be divided into shares of fif-
ty dollars each ; and the persons named in the first section
of this act, or a majority of them, are hereby appointed
commissioners to open or cause to be opened subscription
farmers' steam wagon road company. 311
books for the stock of said company, at such times and pla-
ces as they may think proper, or appoint agents to open
said snljscription books, and receive such subscriptions ;
and the said commissioners or their agents, shall require of
each sul)scriber to pay five dollars or execute a note there-
for, as they may determine, on each share subscribed ; and
the same company may commence acting as such corpora-
tion whenever ten thousand dollars are subscribed as its
capital stock.
§ 5. Said company shall have pow^r to borrow money Borrowing of mo-
and pledge or mortgage its property and franchises ; to con- °*^'
demn, according to law, lands necessary for the track of
said road, and for sites for depots, engine houses, water sta-
tions, side tracks, and all other buildings necessary for the
convenience and accommodation of said road ; and shall have
power to receive, as stock in said company, lands or other
property, and shall have full power to sell or convey the same
when not required for the use of said road.
§ 6. If any person shall willfully, or maliciously, or obstvuctiugorin-
wantonly, contrary to law, obstruct the passage of any car J"'"°2the road,
on said road, or any part thereof, or shall willfully break or
damage or destroy any part of said road, or shall cut or in-
jure said road, ]->y driving teams, cattle, or horses, upon said
road, or shall injure, in any manner, said road or the imple-
ments, or buildings, he, or she or they, or any person assist-
ing, shall forfeit and pay to said company, for every such
oftense, treble the amount of damage that shall be proven
before any competent court to have been sustained ; and
such oftender or offenders shall be deemed guilty of a mis-
demeanor, and shall be liable to an indictment in the same
manner as other indictments are found in the county where
such offense shall have been committed ; and, upon convic-
tion, every such offender or offenders shall be liable to a
fine not exceeding one thousand dollars, for the use of the
county where such indictment may be found.
§ i. The officers of said company shall be a board of di- ^^^'J^l^^^ "'"
rectors, of five ; a president selected from said board by said
board ; and a secretary and a treasurer, elected by said
board. The said directors shall be chosen by the stockhold-
ers of said company, each share of stock being entitled to
one vote ; and said directors shall continue in office until
their successors are chosen by the stockholders.
§ 8. This act shall be a i<ublic act, and shall be received
as such in all courts, and as such adjudged as notice of its
contents to all persons.
Approved February 22, '1861.
312
FAEMEKS SAVINGS ASSOCIATIOX.
[n force Feln-uary
10, IbGl.
AN ACT to incorporate the Farmers' Savings Association.
Capital stock.
Borrowing of mo
ney.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Asserahhjy That Edwin
Littletield, Jolin A. Wurren, x\lbert M. Pool, David R.
Bearley, George Scott, and tlieir associates and snccessors,
and all such persons as shall become stockholders in the
company hereby created, shall be a body politic and corpo-
corporate name, rate, by the name and style of "The Farmers' Savings Asso-
ciation," and shall have succession, a common seal, with
power to plead and be impleaded, to appoint all necessary
servants and assistants, and may have, enjoy and exercise all
the powers necessary to carry out and execute the pur]30ses
and intent of a savings association.
§ 2. The capital of the said company shall be one hun-
dred thousand dollars, with liberty to increase the same to
two hundred and fifty thousand dollars, to be subscribed and
paid for in the manner hereinafter provided, and sliall be di-
vided into shares of one hundred dollars each, wliich shall
be deemed personal property, and shall be transferable on
the books of the said compauy, in such manner as its by-laws
may prescribe.
§ 3. The said company shall have power to borrow mo-
ney, and receive money on deposit and pay interest there-
on, and to loan the said money at any rate of interest not
exceeding that now allowed by law to individuals, (or to
discount in accordance with bank usage ; and in computation
of time thirty days shall be a month and twelve months a
year,) taking such security therefor, either real or personal,
as the trustees or managers of said corporation may deem
sufficient ; may buy and sell exchange, bills, notes, bonds or
other securities ; may have and hold coin or bullion ; may
accept and execute all such trusts, whether fiduciary or oth-
erwise, as shall or may be committed to it by any person or
persons, or by the order and direction of any court or tribu-
nal or other legally constituted authority of the state of Il-
linois; may make such sjDecial regulations, in reference to
trust funds, deposits or savings left for accumulation or safe
keeping, as shall best aid the said depositors or parties inter-
ested, by accumulating or increasing the same, allowing and
receiving such interest therefor, not greater than that here-
inbefore specified, as may be agreed on ; may grant and pur-
chase annuities, issue letters of credit and other commercial
obligations: Provided, the same shall not be in the simili-
tude of bank notes or other evidences of debt, designed to
circulate as money,
§ 4. It shall 1)0 lawful for the company hereby incorpora-
ted, to purchase and hold such real estate as may be conve-
nient for the transaction of its business, and to take and hold
any real estate in trust, or otherwise, as security for, or in
payment of loans and debts due or to become due to the
Business of the
association.
rurcliaso
possession
real estate.
and
of
FARMEKS' SAVINGS ASSOCIATION. 813
said compaiiY ; to purchase real estate, at any sale made in
virtue of any loan, debt or mortgage made to or held by the
said company ; and to receive and take, in satisfaction of any
such loan or debts, any real estate and to hold or convey
the same.
§ 5. The affairs of this company shall be managed by a Books for sub-
board of trustees of at least five, who shall be stockholders ^'^"p*'°°-
in the company to the extent of at least two thousand dol-
lars each. Such election shall take place by the stockhold-
ers, when twenty thousand dollars shall have been subscri-
bed, and five per cent, paid thereon. Any three of the cor-
porators herein named shall be commissioners to open books
for subscription, which shall be done within ninety days from
and after the passage of this act. The money so received
by the commissioners shall be paid over to the trustees, when
elected. The trustees shall elect a president from their own
body, annually ; make and execute such by-laws as may be
convenient and necessary for the pi'oper prosecution of the
business of the company, not inconsistent with this act, or
with the laws of this state or the United States ; but no by-
laws of this corporation shall be passed without the consent
of a majority of the trustees. And all the acts of the duly
appointed officers and agents of this company, done and
performed under authority of the by-laws, shall be binding
on the company.
§ 6. The election for trustees of this company shall be Election of trus-
held annually, at the office of the company ; and the board
shall give at least ten days' notice thereof to the stockhold-
ers, in such manner as they may determine. Every election
for trustees shall be by ballot, and the name and number
of shares voted by each stockholder voting shall be inscribed
on the ballot; and a plurality of votes shall elect. Every
stockholder shall be entitled to one vote for every share of
capital stock standing in his or their name on the books of
the company, and he may vote in person or by proxy. Any
omission or failure to elect trustees shall not impair, in any
wise, the rights of stockholders, depositors, or others inter-
ested.
§ 7. "Within sixty days after the election of the first -^^^^ti^^i^^^i »a
board of trustees, as provided for in section five of this act,
the board of trustees shall call in an additional sum of fifteen
dollars j)er share on each share of said stock, to be paid at
such time and place as the trustees shall a23]3oint, on due
notice to said subscribers. The shares of every stockholder
omitting to make such payment shall be forfeited, together
with all previous payments made thereon. After the pay-
ment of five dollars per share on the amount subscribed, as
prescribed in the foregoing section, the said company shall
be considered fully organized ; and after the fiu-ther pay-
ment of fifteen dollars per share on the whole number of
one thousand shares of capital stock of this company, mak-
—27
)14: FARITEKS' SAVINGS ASSOCIATION,
ing lip the whole amount of twenty thousand dollars, actu-
ally paid in, the company may commence its business in the
full enjoyment of the privileges of this charter, at such place
in the city of Henry as the said board of trustees shall di-
rect.
§ 8. The board of trustees shall have power to call for
the payment of the balance due. on the subscription to the
stock of this company at such times as they may deem pro-
per ; and in the event of the nonpayment of the balance
due by any stockholder on his stock within sixty days after
due notice, it shall be lawful for the trustees, at their option,
to enforce such payment or to sell at public auction to the
best advantage, the amount of stock standing in the name
of said nonpaying stockholders, to any j^erson or persons ;
and the proceeds of said sale, after deducting expense of
sale and amount due on subscription, shall be paid over to
said nonpaying stockholder, who shall thereupon cease to
be a stockholder in this company; and the purchaser or pur-
chasers of said shares of stock shall have and enjoy all the
privileges and profits accruing or accrued to the said shares
of stock and become liable for the payment of all calls then
due or hereafter made on said shares of stock.
DWiriends. § [}, The board of trustees shall have the power to de-
clare dividends on the stock of said company, from time to
time and at any time, after the accumulation of profits of said
■company shall exceed five per cent, on the amount of
capital actually paid in : Provided^ said dividends do not
reduce the surplus profits of the company below five per
cent, on the amount of capital actually paid in ; but in no
case shall the amount of any dividend be paid over to any
stockholder on his or her stock until the amount of fifty dol-
lars per share has been paid into the said company.
Increase of cap!- § 10. At any time after the full payment of the original
capital of one hundred thousand dollars into the company,
as hereinbefore provided, the board of trustees may increase
the capital of the company to the amount limited, or any
part thereof, in shares of one hundred dollars each, in such
manner as they may deem proper ; and said increased stock
shall be subject to all the liabilities, immunities and privi-
leges of the original stock, as provided in this act. Stock-
lioklers shall have the option of subscribing to such increas-
ed stock, pro rata^ within such time as the trustees may
limit, of which due notice is to be given.
Form of exist- § 11. Tliis corporatiou shall exist for the full term of
fifty years, succeeding the first day of March, 1861, a. d.,
and shall be entitled to use all its corporate powers, rights
and privileges for the period of two years thereafter, for the
sole purpose of closing up its affairs and none other.
§ 12. That any real estate, acquired in fee by this cor-
poration, and not held in trust or as security, other than
what shall be necessary for the convenient use of the same
tal.
ence.
FJREErOKT SAVINGS INSTITUTION. 315
for the transaction of its business, shall not be held by the
said corporation longer than live years, and shall, within
that time, be sold and conveyed, either at public or private
sale, so as to divest the said corporation of the title to and
fee in the same.
g 13. Each shareholder in said corporation shall be per-
sonally liable, to the extent of his stock, for all debts, ex-
press or implied, of said corporation, created during the' time
he was such shareholder, notwithstanding any transfer of
the same,- for six months after such transfer.
§ 14. This act shall take effect and be in force from and
after its passage. ,
Approved I'ebruarv 22, 18G1.
Liabilities.
AN" ACT to incorporate the Frecport aavinsrs Institution. In fm-ce Fci.i-uary
Section 1. Be it enacted by the People of the State of
Illinois, represe7ited in the General Assembly, That Hiram
Bright, Charles Kosenteil, F. W. S. Brawley, Thomas Colt-
man, Jonathan Reitzell, John S. Emmert, John H. Adams,
O. A. Tisdel and T. Orinsbee, and their successors, are
hereby constituted a body corporate and politic, by the name
of " The Freeport Savings Institution," to be located in
the city of Freeport, Illinois.
§ 2. That said corporation shall be authorized to receive
on deposit, from time to time, such sums of money as may
be ofi'ered by clerks, boatmen, tradesmen, mechanics, labor-
ers, servants, minors, married women, and others, who may
wish to enjoy the advantages of the same, and to invest the
same in state or United States stocks, bonds and mortgages,
or other choses in action, which are amply secured, as soon
as practicable ; and the income or profits thereof, not ex-
ceeding six per cent, per annum, shall be applied and divi-
ded among the persons making such deposits, in just propor-
tions, after first paying the necessary expenses of the man-
agement of the business of said corporation.
§ 3. This corporation shall pay the amounts deposited,
together with the interest thereon, or any part thereof, to
the depositors, at the place of business of said corporation,
at any time during business hours, on demand : Frovichd,
that of the deposits drawing interest, as aforesaid, not more
than fifty dollars shall be paid to any one depositor in any
one day, unless a written notice of the sum intended to be
demanded shall have been given to the cashier of said cor-
poration at least ten days previous to the time when such
payment is desired.
§ 4. The business of said corporation shall be managed
by a board of trustees, to consist of not less than live nor
FBEEPORT SAVINGS INSTITUTION.
more than thirteen persons, who shall, at their hrst meetincr,
and as often as practicable thereafter, elect, by ballot, from
their number, a president, vice president and cashier. The
persons named in the llrst section of this act shall be the hrst
trustees ; and all vacancies in said board shall be tilled at the
next regidar meeting thereof, after such vacancy shall occur ;
and the person receiving a majority of the votes of the trus-
tees present shall be declared duly elected. A majority of
the trustees, of whom the president, vice president or cashier
shall be one, shall constitute a cpiorum for the transaction
of business.
§ 5. The said corporation may have and use a common
seal, which they may change at pleasure ; and all deeds,
conveyances and agreements made by their president, cash-
ier or other person, by their authority, shall be good and
valid ; and said corporation shall have power to sue and be
sued, plead and be impleaded, defend and be ruled to an-
swer, by the corporate name.
§ 6. It shall be lawful for this corporation to take, on
investment of moneys, under this act, a rate of interest not
exceeding ten per cent, per annum, as may be directed by
the board of trustees.
§ 7. No trustee or officer of said corporation shall,
directly or indirectly, borrow any of the moneys of said
corporation, or in any manner use the the same, except in
the lawful business of the corporation. All evidences of
deposit shall be as binding upon this corporation, if made
by the proper officer, as though under the seal thereof. Said
corporation is hereby prohibited from issuing bills or notes,
to circulate as money.
§ 8. A misnomer of said corporation in any instrument
of writing whatsoever shall not vitiate the same, if the cor-
poration is sufficiently described therein to declare the in-
tention of the parties.
§ 9. Said board of trustees shall have power to make
such by-laws as may be deemed necessary in the manage-
ment of the affairs of said corporation and as are not incon-
sistent with any laws of this state or of the United States ;
and shall hold regular meetings, for the transaction of busi-
ness. No trustee, as such, shall be entitled to any pecunia-
ry compensation, for his services.
§ 10. jSTo interest shall be allowed to any depositor until his
deposit shall have reached three dollars and remained in
said corporation three months thereafter ; and no interest to
be allowed for any fraction of a month ; and every additional
sum, amounting to two dollars or more, to bear interest in
the same manner. Deposits made by minors and married
women may be repaid to them, and their receipts shall dis-
charge said corporation from the sums so repaid.
§ 11. The books of said corporation shall, at all times,
during the hours of business, be open to the inspection and
FKEEFORT SAVINGS INSTITUTION. 317
examination of the auditor of public accounts in tins state
and such other persons as the legislature shall designate.
Said corporation shall make an annual report of the condi-
tion of its atfairs, the amount of deposits, and how the
same or any part thereof has been invested, to the auditor
of public accounts or to the legislature.
§ 12. Said corporation is hereby authorized to take, hold
and convey such real estate as may be necessary or conve-
nient for the transaction of its business, and such as may be
conveyed to said corporation as security or in payment of
debts, or purchased by it at sales under judgments or de-
crees recovered or by belonging to said corporation, and such
personal property as necessary or convenient for the trans-
action of business.
§ 13. It shall be lawful for said corporation to make
temporary deposits in any incorporated bank in Chicago,
]^ew York, or other place, where it is for the interest of said,
corporation so to do, and to receive interest thereon, at such
rates, not exceeding that allowed by law, as may be agreed
upon.
§ 14:. Said corporation is hereby authorized to accumu-
late, gradually, and hold invested a surplus fund, not ex-
ceeding twenty-live thousand dollars, to the end that in case
of depreciation of any securities held by said corporation,
any loss to the depositors may thereby be prevented and
made good by said fund ; and it is hereby authorized to
hold an available fund, not exceeding one-third of total
amount of deposits wdth said corporation, for the payment
of demands against corporation, which may be kept in such
available form as the trustees may direct.
§ 15. The accumulated fund, herein provided for, and
the real and personal property belonging to said corpora-
tion, shall be liable to taxation as other real and personal
estate ; but said corporation shall not be liable to taxation
on deposits made therein or on any security taken for or in
any investment of the same.
§ 16. The subordinate officers of said corporation shall,
respectively, give such security for their fidelity and good
conduct as the board of trustees may, from time to time, re-
quire ; and said board shall fix the salaries of such officers.
§ IT. All sums of money, together with the accumula-
ted interest thereon, remaining uncalled for for the space of
five years, shall become forfeited, and the same shall be paid
over for the use of the public schools in Stephenson county :
Provided, such sums of money, so remaining uncalled for,
shall first be advertised in a paper published in the city of
Freeport for six successive weeks previous to the expiration
of said five years, and the expense thereof deducted from the
amount.
§ 18. The first meeting of the board of trustees of said
corporation shall be held on the first Monday of April, a. d.
3 IS FERRIES.
1861, in tlie city of Freeport, after having given public no-
tice of tlie same.
§ 19. Tills act to take cllcct from and after its passage,
and be liberally construed, for the purpose therein con-
tained.
Approved February 22, ISGl.
In foi-ce February AX ACT to establish a Ferry across the Mississippi river at Alton, Madison
'^^> 1S61, County, Illinois.
Section 1. Be it enaoted Ity the People of the State of
Illinois, represented in the General Assembly, That John
Snowden, Henry S. Baker, A. L. Chouteau, and such other
persons who ma}'' be associated with them, be and they are
hereby authorized and empowered to maintain and keep a
ferry, for and daring the term of tliirt}' years, from the pas-
sage of this act, across the Mississippi river, at Alton, Illi-
nois, to some point on the opposite side or bank of said river,
in the state of Missouri.
Landing places. g Q, Tlic Said ferry company, after having selected and
located their place of landing on the east bank of the Missis-
sippi river, within the corporate limits of the city of Alton,
suljject to the control of the common council of said city,
relative to the place of landing, shall report the same to the
common council of said city of Alton, after which no license
shall be granted, during the said term, to any other person
or persons or body corporate to keep or own a ferry within
two miles above or below said landing.
R;vtes of ferrhige. § 3. That tlic Said Joliii Suowdcu, Hciiry S. Baker, A.
L. Chouteau, and their associates, and tlieir heii-s and as-
signs, shall keep, at all times, a good and sutticient ferry
boat, with such other l)oats as may be necessary for the
speedy and safe transportation of passengers, teams, horses,
cattle and other animals, as well as goods and effects ;
and said boat or boats may be propelled either by men,
horses or steam power, at the option of said company, and
shall chai'ge and receive such rates of ferriage as ma}^ be
allowed by the common council of the said city of Alton.
Taxation. g 4. That the said John Snowden, Henry S. Baker, A.
L. Chouteau, and their associates, shall pay into the treasury
of the city of Alton such amount of taxes as may be im-
posed upon said ferry, not exceeding ten dollars per annum;
and, in the managen.ient and regulation of the aforesaid
ferry, shall be governed by the act to establish ferries and
toll bridges, approved March 3d, a, d. 1845.
Ferryboat. § 5. Tlic Said Joliu Suowdcu, Hcury S. Baker, A. L.
Chouteau, and their assigns, shall be entitled to all the ben-
FERRIES. 319
efits of the fort)^-seconcl chapter of the Revised Statutes, in
rcrxard to ferries; and if tlie afore^^aid ferry company sliall
fail to have in operation a good and sufticient ferry boat by
the first day of November, a. d. 1801, all the privileges con-
ferred upon said ferry company by this act shall be forfeited.
And all acts and parts of acts heretofore passed by the legis-
hitnre of the state of Illinois, relative to establishing a ferry
or ferries at Alton, be and the same is hereby repealed.
§ 6. This act shall take eifect and be in force from and
after its passage.
Approved February 20, ISGl.
AN ACT to charter a Ferry across the IlHnois river, at the town of Chilli- In fnrre February
cothe, Peoria county. ^^> ^^^1-
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That John
H. Batchelder and Ezra Sprague, their heirs and assigns, Form of charter.
-are hereby authorized to establish and keep a ferry, for the
term of twenty years, across the Illinois river, between the
town of Chill icothe, in the county of Peoria, and state of
Illinois, and the opposite shore of said river; during which
time no license shall be granted by the county authorities .
of Peoria county to any person or persons or body corporate
to establish or keep a ferry within one mile of said town,
either above or below said town.
§ 2. The said John H. P)atchelder and Ezra Sprague ^nats and man-
shall cause said ferry to be furnished with a good tight boat "^"^
or boats, sufficient for the safe transportation of all passen-
gers, their teams, stores, cattle or other animals, wagons
and the goods, effects, property and etc., of all persons ; and
said boat or boats shall be provided with men, of suitable
strength and skill, to manage the same, or with horses, or
with steam, or with suitable and equivalent propelling pow-
er, at the option of the said Batchelder and Sprague.
§ 3. The said John H. Batchelder and Ezra Sprague Landing place,
shall be allowed to run said ferry from the foot of Pine or
Walnut streets of said town of Chillicothe or from any land
or lot they may own in said town, landing at the end of
any road, which is or may be established, opposite said
town of Chillicothe, or upon any land, with the consent of
the owners thereof, or upon any other road which may be
established opposite said town.
§ 4. Be it further enacted, That the said John H. Batch- ^,°r"dgef '"° "^
elder and Ezra Sprague be and are hereby authorized to
construct or cause to be constructed a bridge across the east
branch of the Illinois river, opposite the town of Chillicothe,
for the convenience of all persons washing to cross said ferry
320 FEKRIES.
at sncli point or place, as will be most elig:;ible and conve-
nient: Provided^ the consent of the owner or owners of
land affected tliereby bo tirst had and obtained : And^ 'pro-
vided^ aho^ that all ]iersons shall have the right and the
privilege of crossing npon said bridge, at all times, withont
charge or molestation.
§ 5. Be it further enacted^ that sections five, six, seven,
eight, nine, eleven and twelve, of chapter forty-two of the
Revised Statutes of eighteen hundred and forty-five, in re-
lation to toll-bridges and ferries, and here referred to, are
]aade a part of this act, so far as said sections are applicable
to ferries.
§ 6. This act is hereliy declared a public act, and to be
in force from and after its passage.
Approved February 20, 1861.
In foree February AN ACT^to amend an act entitled "An act to establish a Ferry therein nam-
7, iStil. ed," approved February 13th, 1S57.
Section 1. Beit enacted ly the People of the State of
Jllifiois, represented m the General Assembly, That an act
entitled " An act to establish a ferry therein named," ap-
proved February 13th, 1857, be amended, by striking out
the name of Charles Summers, wherever it occurs in said
act, and inserting \n lieu thereof the name of Edgar Sum-
mers, and by striking out the words "• one mile," in the six-
teenth line of section third of said act, and inserting in lieu
thereof the words "two miles:" Provided, such amend-
ment shall not interfere with any vested right or franchise.
§ 2. Said Edgar Summers shall succeed to all the rights,
privileges and benefits by the said act conferred upon the
.said Charles Summers, and shall be subjected, in the enjoy-
ment thereof, to the same restrictions and regulations as
therein imposed upon the said Charles Summers.
§ 3. This act shall take effect and be in force from and
after its passage.
Approved February Y, 1861.
Ill force rrijiuary AN ACT to extend an aet approved February r2th, 1851, granting certain
S. ^661. ferry privileges therein named to Jeremiah Grotty.
Section 1. Be it enacted hj the People of the State of
Illinois, represented in the General Assembly, That all the
rights, privileges and immunities granted to Jeremiah Crot-
FEKKIES. 321
ty to keep a ferry across the Illinois river, on section twen-
ty-live (25) or twenty-six, (26,) in townsliip thirty-three, (83,)
range live (5) east of the third principal meridian, in LaSalle
county, approved February 12Lh, a. d. 1851, be and they
are hereby extended for the term of ten years from and
after the passage of this act.
Approved February 8, 1861.
AN ACT to legalize tlie proceedings of the Countv Commissioners' Courts In force FiAiuary
of the counties of Fultun and Mason, in relation to a ferr}' francise at --> 1S61.
Havana.
Seutiok 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That all
license that may have been heretofore issued by either of
the said counties of Mason and Fulton to the heirs of O. M.
Koss or to Lewis W. Ross, George M. Walker, to keep a
ferry across the Illinois, at Flavana, be and the same are
hereby legalized, and to have the same force and effect as
though the same had been enacted by the legislature of this
state at the time of issuing said license ; and that all the
conveyances from the said heirs of the said O. M. Ross or
the said Lewis W. Ross of the said ferry franchise to Wil-
liam Phelps or George Y. Walker, to have the same force
and effect as was intended by the said grantors, according
to the covenants in said conveyances : Provided, that the
corporate powers of such company shall not extend beyond
twenty-five (25) years from the passage of this act.
§ 2. There shall be allowed to the said AYilliam Phelps Rates of ferriage,
and George Y. Walker, their heirs and assigns, to collect
the same rates of ferriage as are now allowed by the said
counties of Mason and Fulton.
§ 3. The said William Phelps and George Y. Walker,
or either of them, shall, annually, pay into the county trea-
sury of the said counties such tax or license as shall be fixed
by the said counties, not exceeding the sum of fifty dollars,
annually, for each of said counties.
§ 4. That the said William Phelps and George Y.
AValker, or either of them, shall enter into bond, in each of
the said counties, to be approved by the clerk of the county
court, conditioned to pay all damages that may accrue by
reason of noncompliance with this act.
§ 5. This act to take effect and be in force from and
after its passage.
Approved February 22, 1861.
-28
822
FERRIES.
ill Torce Frliruary AN ACT to
22, 1S61.
^rant a ferry franchise sktoss the Illinois river at the town of
Havana.
Bonts and their
man;igement.
FeiTy landing
Section 1. Be it enacted by the People of the State of
Illinois^ represented in the General Assembly, That William
Phelps, of the county of Fulton, and state of Illinois, and
George N. TValker, of the county of Mason, and state of
Illinois, and their heirs and assigns, be and they are hereby
authorized and empowered to have tlie exclusive riglit and
privilege to keep a ferry across the Illinois river, between
the town of Havana, in Mason county, Illinois, and the
mouth of Spoon river, in Fulton county, Illinois, for the
term and period of twenty-five years, from and after the
passage of this grant.
§ 2. That the said Phelps and Walker, and their heirs
and assigns, shall cause the said ferry to be furnished with
good and sufficient boats, worked b_y men, horses or steam
power, so as to furnish a safe and speedy transportation of
all teams, wagons, horses, cattle, sheep, hogs, merchandise
and other property, which may be brouglit or come for
transportation.
Rates of ferriage. § 3. That tlic Said Pliclps and "Walker shall be and they
are hereby authorized to charge the same rates of ferriage
as now established and authorized to be charged at said
ferry by the counties of Mason and Fulton.
§ 4, That the said Phelps and Walker have the exclu-
sive right, for the term aforesaid, to do all ferrying across
said river, for the space of one mile above and below the
present ferry landing at Havana, and for one mile above
and below" the mouth of Spoon river, and for that purpose,
va^y land their boat or boats at the public feriy landing or
at any public street or road, oil either side of the river, or
on any land or reservation of land belonging to the said
Phelps and Walker, or either of them, wfithin the distance
aforesaid.
^ 5. That the said Phelps and Walker, or their heirs or
assigns, shall pay to the counties of Mason and Fulton such
an annual tax or license as may, from time to time, be fixed
by said counties, not to exceed the annual sum of fift}^ dol-
lars, to each of said counties.
§ (>. That if any person or persons shall obstruct the
said ferry landing, on either side of the river, within the
distance aforesaid, by running in or leaving any boat in the
way of said ferry, each and every person, so ofiending, shall
be liable to the said Phelps and Walker five dollars, for
each ott'ense, together with all such damages as may be sus-
tained by reason of such obstructions.
§ 7. The said Phelps and AValker, or either of them,
shall, within six months from the passage of this act, enter
into bond, with good and suificient security, to be approved
by tlie circuit clerk of each of said counties, payable to said
Ohstruetiims
landing.
FEEKIES,
counties, in the penal sum of one thousand dollars, condi-
tioned for the faithful performance of all the duties required
by this act, and to pay all damages sustained by the non-
performance of the same.
§ 8. The justices of the peace for the counties of Mason
and Fulton shall have jurisdiction for all violations of this
act, to the amount of one nuudred dollars, with the right of
appeal, as in other cases.
Approved February 22, 1861.
AN ACT to incorporate the Niota Dyke and Ferrv Company. In force February
20, 1S61.
Section 1. Be it enacted hy the People of the State of
Illinois^ rejjresented in the General Assembly^ That John
H. Knapp, George P. Eaton, William D. Knapp and Wil-
liam Adams, and their associates, successors and assigns, be
and they are hereby constituted a body politic and corpo-
rate, by the name and style of " The Niota Dyke and Ferry corporate name
Company;" that by such name and style the said company ^"'^ i'"^''""^-
shall have perpetual succession; may have a common seal,
and alter or change the same at pleasure ; may receive, by
gift, devise or purchase, all the real and personal property,
and hold or convey the same, Avhich shall be necessary to
the operations and business of said company ; that they
may sue and be sued, plead and be impleaded, in all courts
and places ; contract and be contracted with, the same as
natural persons; and may make all needful by-laws, rules
and regulations for the management of said company, and
appoint agents and attorneys for the same.
§ 2. The said company shall be managed by not less directors,
than three nor more than five directors, who shall be elected
by the stockholders of said company, each share entitling
the owner to one vote ; and the directors shall elect from
their own number a president, and may appoint such other
olficers as they may deem necessary. The president to
hold his office for the term of one year, and until his suc-
cessor is elected and qualified. The first election of officers
to be held at such time and place as the by-laws of said
company shall specify.
§ 3, The said company are hereby authorized to build a '^^^^ °^' bndge.
bridge or dyke across the slough between island number
fifteen, in the Mississippi river, and the town of JSfiota, in
Hancock county, Illinois ; and also to extend said dyke or
embankment across said island number fifteen, and into the
Mississij^pi river, to such extent and at such point as they
may deem most expedient for the purpose of creating a
road and a ferry and steamboat landing, wharf or levee ;
324 FKKKIKS.
and may use, lease or otlierwise dispose of the same, and
may construct such other works, buildings and machinery
as may be deemed necessary or proper ; to use the same,
and prosecute the interest and objects of said company :
Provided^ said company shall in no wise obstruct the navi-
gation of the main channel of the Mississippi river.
Capital stock. § 'i. The Capital stock of said company shall be fifty
thousand dollars, and may be from time to time increased
to any sum not exceeding in all two hundred thousand dol-
lars, to be divided into shares of one hundred dtjlhirs each.
EiPfiionofdirec- § 5. Tlic pcrsous uauicd in the first section of this act
*°''^" shall constitute said compan}^ until the capital stock is fully
subscribed, and twenty-five per cent, thereon paid in, when
there shall be an election of otScers ; and until such election
is held, and the officers qualified, the incorporators shall
constitute the board of directors provided for in the second
section of this act. .
§ 6. The capital stock of said company shall be deemed
personal property, and be transferable ; but no transfer shall
be made except on the books of said company, nor until all
assessments then called for or made shall be paid.
Construction of § 7. Tlic Said compauy may take all necessary steps and
n.mi., Btieets, actiou by them deemed expedient in the construction of
roads, streets, bridges, bridges across sloughs, dykes, land-
ings, wharves and levees, and otherwise improve their islands,
lands and landings now owned, or that may be hereafter
acquired or purchased by them — all of Mdiich improvements
and acquisitions they may enjoy, control and appropriate as
they may find proper and expedient for the future manage-
ment and best interest of the com]3any.
AVai-saw and § §• The Said couipauy shall have power to unite their
liockfoid vail- improvements and obiects with the Warsaw and Kockford
road company. r "i , i, •, i i •
rauroad company, and sliali be competent to take stock m
said railroad company, oi* dispose of their stock to any other
company, or consolidate the same, in whole or in part, with
said AVarsaw and Rockford raih-oad comj^any.
Ferry privileges. § 9. The lucorporators named in the first section of this
act, being now the owners of the ferry privilege and fran-
chise heretofore granted to James Gray, his heirs and
assigns, by an act of the legislature of this state, ai)proved
January fifteenth, a.d. eighteen hundred and fifty- three,
and now running said ferry, the company hereby incorpo-
rated shall have and enjoy all the rights, privileges and immu-
nities granted to the said James Gray, his heirs and assigns,
by the said act of January ISth, a.d. 1853, for the balance
of said term granted as aforesaid to the said Gray, his heirs
and assigns, and for the term of twenty years after the
expiration of said term granted to the said Cxray by the
said act of January 15tli, 1853, with the fnrther ]>ri\ilege
Ferry landing, of landing their ferry at such place or places M'itliin llie
specified privileged limits of the said charter granted to the
FEKRIES. 325
said Gray, as the said company shall deem expedient for
its best interests ; and also, shall have the exclusive privi-
lege of running said ferry from Niota aforesaid, and for
three miles each way up and down the said Mississippi
river, from the said town of jS^iota, for the term of twenty
years, as hereinbefore granted.
§ 10. This act shall take eifect and be in force from and
after its passage.
ArritovED February 20, 1861.
AN ACT to establish a Fcrrv across tlic Illinois River at rbillips' Ferrv. , In fovre February
22, 1S61.
Section 1. J^e it enacted ly tlie People of the State of
Illinois, represented in the General Assembly^ That Abbey
P. Stanford, wife of Horace Stanford, Celia May, the only
surviving heirs of Ebenezer May. deceased, their heirs and
assigns, be and are hereby authorized to establish and keep
a ferry across the Illinois river, at any point on fractional
section twenty, in township number four south, range num-
ber two west of the fourth principal meridian, in the town-
ship of Flint, Pike county, Illinois, and any point on the
opposite side, in Scott count}^ within a distance of one half
mile north and one half mile south, on the banks of the
Illinois river, of the present Phillips' ferry road, during
the period ot twenty years from the passage of this act.
§ 2. The said Abbey P. Stanford and Celia May shall, Possession and
at all times, keep good and sufhcient boats for the speedy buuis.
passage and safe transportation of passengers, teams, horses,
cattle and other animals, as well as goods and effects belong-
ing to passengers, and shall furnish such boats with men of
sufficient skill and strength to manage them, and shall
charge and receive such rates of ferriage as are allowed to
other ferries on the Illinois river.
§ 3. This act shall take effect from and after its passage.
Approved February 22, 1S61.
AN ACT to repeal an act entitled "An act to establish a ferry across the In force February
Mississippi River in Randolph county," approved February 14, 1855, in '^-> '^^'^'^•
favor of William Henry, and to authorize John W. Brewer, of said county,
to maintain and keep a ferry under same title.
Section 1. Be it enacted hy tlie People of the State of
Illinois, represented in the General Assembly, That John AV.
Brewer, his heirs and assigns, be and they are hereby Location of ferry,
authorized and empowered to maintain and keep a ferry
326 FERRIES.
across the Mississippi river, for the term of thirty years
from the passage of this act, from the most eligible and
suitable point on the eastern bank of the Mississippi river,
in the county of Kandolph, on the fraclional township six
south and range eight and nine west of the third principal
meridian, to the opposite side of the river to where the road
leading from the city of St. Genevieve, in the state of Mis-
souri, 'terminates, at Little Rock landing, on the western
bank of the said river, with the privileges to the said John
"W. Brewer, his hoirs and assigns, of landing their boats
and other water crafts for the transportation of jiersons and
property across said river, and running the same from any
land owned by him or them, in said townships, or which
may be acquired by him or them hereafter, or upon any
state or county road or public highw\ay on said town-
ships, or which may hereafter be established thereon ; and
no license shall hereafter be granted to any person or per-
sons or body corporate to keep and run a ferry and land at
said point, or within two miles above or below.
Owning and man- § 2. Thc Said Johu W. Brcwcr, his heirs or assigns,
aguiK of boats. q]^^i\^ wlthiu a reasouablc time after the passage of tliis act,
erect and keep at the said ferry a good and sutticient hoat
or boats, to be worked by men, horses or steam, as the case
may require, for the safe and speedy transportation of pas-
sengers, their horses, cattle and other animals, as well as
other goods and effects; and said boat shall, at all times, be
furnished with men of sufficient strength and skill to manage
the same.
^^^gg § 3. The said John W. Brewer, his heirs or assigns,
shall pay into the treasury of the county of Randolph such
amount of taxes as may be imposed upon said ferry by the
county court of said county— the said court to be governed
in their assessment by the profits realized from said ferry.
The said John W. Brewer, his heirs or assigns, shall charge
and receive such rates of ferriage as may be allowed by the
said county court of Randolph county.
§ 4. This act shall effect the repeal and make null and
void an act approved February lith, 1855, entitled "An act
to establish a ferry across the Mississippi, in^ Randolph
county," or any act which may have been heretofore passed,
and which may come in contact herewith.
Excui.ive .1.-1,13. § 5. The said John W. Brewer, his heirs or assigns,
shall be entitled to all the benefits of the forty-second chap-
ter of the Revised Statutes, in regard to ferries and toll
bridges; and should any person, persons or body corporate,
hereafter licensed, or without license, use and land a ferry
at the landing selected by the said John W. Brewer, his
lieirs or assigns, or within two miles above or below,_ they
shall be subject to and incur the penalties and forfeitures
given in said forty-second chapter, which may be recovered
FEKKIES. ?)2T
by the said John W. Brewer, his heirs or assigns, as therein
provided.
This act shall take effect and be in force from and after
its passage.
Appkoved February 22, 1861.
AN ACT- authorizing Selali Robbins to establisli a Ferry across the Illinois In force February
River, in LaSalle County. ■•^•■^. i^iil-
Section 1. Be it enacted hy the People of the State of
Illinois^ rejjresented in the General Assembly^ That Selah
Robbins, his heirs and assigns, be and they are hereby
authorized to establish and keep a ferry across the Illinois
river, on any part of sections sixteen and seventeen, in
township thirty-three north, of range two east of the third
principal meridian, as the said Eobbins may select, for the
period of lifteen years.
§ 2. The said Selah Robbins and his heirs and assigns Rates or ferriage.
are hereby authorized to charge and receive the following
rates of toll for crossing said ferry, viz : For each vehicle,
drawn by one or two horses, mules, asses or oxen, forty
cents; for each man and horse, twenty cents; for cattle,
horses, hogs and sheep, three cents each ; for each footman,
ten 'cents : Promded^ that the above i-ates of toll may be
doubled after nine o'clock in the evening or before daylight
in the morning, and in rough and freezing weather : And^
provided^ aUo^ that said Robbins shall not be obliged to run
said ferry when the same would be dangerous or unsafe.
§ 3. Said ferry shall be deemed a public highway, within obstruction or
the meaning of laws providing for the punisJiment of per- '"J*^™^-
sons injuring, obstructing or destroying public highways or
ferries in any manner.
§ 4. The said Selah Robbins, his heirs and assigns,
shall, in every respect, comply with the provisions of chap-
ter forty-two of Revised Statutes, entitled "Ferries."
§ 5. All laws or parts of laws in conflict with this act
are hereby repealed.
§ 6. This act to take effect from and after its passage.
Appkoved February 22, 1861.
AN ACT to establi&h a Ferry across the Mississippi river, at Savanna, in Car- in force Febmary
roll County. 8, ISOl.
Section 1. Be it enacted hy the People of the State of
Illinois, represented m the General Assembly, That Enoch
Chamberlain, Adam IN^ase and Frederick Chambers, their
FKRRIES.
Boats and men.
charge
lixed
heirs and assigns, be and they are herehj authorized to
estahUsh and keep a ferry, for the term of ten years, across
the Mississippi river, between Savanna, in the county of
Carroll, and state of Illinois, and Sabuia, in the county of
Jackson, in the state of Iowa; during Mdiich term neither
the county court nor the board of supervisors of said Carroll
county shall grant a license to any other person or persons
to establish a ferry within two miles of said town of Savanna.
§ 2. That said Enoch Chamberlain, Adam Nase and
Frederick Chambers, their heirs and assigns, shall, at all
times, keep a good and sufficient boat or boats, worked by
steam or horse power, for the speedy passage and safe trans-
portation of all passengers, teams, horses, cattle and all
other animals, as well as w^agons, goods, wares, merchan-
dise and effects, belonging to passengers ; and shall furnish
said boat or boats, at all times, with men, of sufficient
strength and skill, to manage the same ; and shall
and receive such rates of ferriage as shall be annualh'
by the board of supervisors of said Carroll county.
§ 3. The said Enoch Chamberlain, Adam ISTase and
Federick Chambers, their heirs and assigns, shall pay into
the county treasury of said Carroll county such annual tax as
may be imposed upon said ferry by the board of supervisors
of said county, not exceeding twenty dollars.
§ 4. The ferry hereby established shall be subject to
and under the supervision of the board of supervisors of said
Carroll county, and regulated by the laws regulating ferries
and toll bridges, so far as the same are consistent with this
act.
§ 5. That if said Enoch Chamberlain, Adam Nase and
Federick Chambers fail to comply with the provisions of
this charter all the rights hereby granted shall be forfeited ;
and the board of supervisors of said Carroll county shall
have authority to decide the matter.
§ 6. Should any person, persons, body corporate or poli-
tic, establish, keep or run a ferry boat and land within the
limits specified in this act, for profit and gain, such person,
persons, body corporate or politic, shall forfeit and pay to
the said Enoch Chamberlain, Adam Nase and Frederick
Chambers, their heirs and assigns, the sum of ten dollars
for each and every offense ; to be sued for and recovered in
an action of debt before any justice of the peace of said
county.
§ 6. This act to take effect and lie in force from and
after its passage.
Appkoved Februar}'' 8, 18G1.
FIRE COMPANIES. 329
AN ACT to incomorate Engine Conipanv No. One, of the City of Alton. In force February
-1, isei.
Section 1. Be it enacted hy the Peojde of the State of
Illinois, represented in the General Assernhly, That James
II. IIil)bard, Thomas Dimmock, B. F. Tucker, Eobert II.
Cliff, John Seaton, William Chapman, George Coujilancl
and IST. C. Hathaway, and all other persons who may here-
after become members of said company, and their succes-
sors, be and they hereby are incorjjorated and made a body
politic, for the term of twenty years, from the passage of
this act, by the name of "Engine Company No. One, of the corporate name.
City of Alton, for the ]3urpose of extinguishment of fires
and protection of property," and by that name may sue and
be sued, plead and be impleaded, appear, prosecute and
defend in any court of record or other place whatever ; may
have and use a common seal : may purchase and hold such Purchase and
T T ^ , I ^ fv 1 possession of
real and personal estate as may be necessary to eiiect the property.
object of this association, and the same may sell and convey
at pleasure : Provided, the said real and personal estate
shall not exceed the value of five thousand dollars; may
make, establish and i3ut into execution such constitution,
by-laws and resolutions, not contrary to the laws of this
state or of the United States, as may seem necessary and
convenient for the regulation and government and for the
management of their affairs, and do and execute all such
acts and things as nuiy be necessary to carry into full effect
the purposes intended by this charter.
§ 2. That all and every person who shall become an Exemptions from
active member of said company shall, during the time of '^'^'^ '^^' °'
such active service, be exempt from road tax and jury duty
within the limits of said city of Alton and county of Madi-
son.
§ 3. There shall be a meeting of said company in Alton Annual election
on the first Monday in December, annually, or on such °^°^'^«''^-
other day as the said company may hereafter determine,
for the election of a president, foreman, assistant foreman,
hose captain, two directors, secretary and treasurer.
§ 4. This act shall take efi'ect and be in force from and
after its passage.
Appkoved February 21, 1861.
AN ACT to incorporate the New Peoria Fire Company, Number Four, of the In force February
City of Peoria. * 18, 1S61.
Section 1. Be it enacted hy the People of the State of
niinois, represented in the General Assemhly, That John
Weber, Frank Yonachen, Jacob Riehm, Gottlob Zerwekh,
—29
330 FIKE COMP^INIES.
Jacob Kretz, Lenliard Holder, and their associates and suc-
cessors, are hereby created a body politic and corpoi-ate, by
Corporate name, the name, stylc and title of " The ]S"ew Peoria Fire Com-
pany, ISTumber Four ;" and by that name shall have perpet-
ual succession, with full power to sue and be sued, to plead
and be impleaded, answer and defend, in law and equity, in
all courts of justice whatsoever ; to contract and be contracted
with ; to have, hold and enjoy, by gift, devise, grant, pur-
chase or otherwise, real and personal estate, not to exceed,
at any one time, the value of thirty thousand dollars, and
again to sell the same or to dispose thereof, at pleasure ; to
have and use a common seal and to alter the same at pleasure.
§ 2, The object of this company shall be the extinguish-
ment of fires in the city of Peoria.
Constitution and § 3. The Said compauy shall have power to make and
by-laws. adopt a constitution and by-laws for the government and
maintenance of the said company, as they may from time to
time consider fit and proper, not inconsistent with the con-
stitution and laws of this state or the United States, and
again to repeal and alter the same ; which constitution and
by-laws, when made and adopted, shall be binding upon the
members of the company, and may be enforced against them,
either by suit, in the name of the company, or by forfeiture
of the membership, or by both.
Record book. § i. The coustitutiou and by-laws ot the said company
shall be entered by an officer of the company in a book
kept for that purpose, which said book shall ho. jprirna facie
evidence of the matter therein contained in all courts of
justice.
§ 5. The constitution and by-laws of the said coinpany
shall not be allowed to conflict with the oi'dinances 'of the
city of Peoria regulating the fire department of said city.
§ G. This act shall be in force from and after its passage.
Approved February 18, 1861.
In force February AN ACT to amend the charter of the Citv of Waukegan, in relation to the
22, 1S61. Fire Department.
Section 1. Be it enacted ly the reo])le of the State of
Illinois^ rejyresented in the Geneml Assembly, That the
firemen of the city of Waukegan, in Lake county, shall be
exempt from poll tax for highway and street labor and from
serving as jurors, in all cases where such firemen have served
seven years in the fire department.
§ 2. This act shall apply to all those who have served in
the fire department of the former village incorporation of
Waukegan.
GAS LIGHT COMPANIES. • 331
§ 3. This act shall take effect and be in force from and
after its passage.
Appkoved February 22, 1861.
AX ACT to incorporate the Aurora Gas Light Company. In force February
^ o i' . 20, 1861.
Section 1, Be it enacted hy the People of the State of
Illinois^ refresented in the General Assembly, That William
H, Hankins, Lorenzo D. Brady, William B. Allen, Albert
Jenks, Ira A. W. Buck, O. \). Plowell, John S. Hanley,
William P. Plum, Charles L. IToyt and Edward D. Iluntoon,
their successors, associates, heirs and assigns, be and they
are hereby created a body corporate and politic, with per-
petual succession, by the name and style of "Aurora Gas ^'""^^ """"^ '*^''^'
Light Company ;" and by that name they and their succes-
sors shall be capable, in law, of contracting and being con-
tracted with, and being sued, defending and being defended,
in all courts and places, and in all matters whatsoever ;
with full power to acquire, hold, occupy and enjoy all such
real and personal estate as may be necessary and proper for
tlie construction, extension and usefulness of the works of
said company, and for the management and good govern-
ment of the same ; and they may have a common seal, and
the same may alter, break and renew at pleasure.
§ 2. The corporation hereby created shall have full corporate duties
power and authority to manufacture and sell gas, coke and ™^^ i""^e'3-
tar, made from any or all of the substances from which in-
flammable gas and coke and tar are usually obtained, and
to be used for the purpose of lighting the city of Aurora, or
the streets thereof and public places or houses therein con-
tained, and other places in that vicinity, and to erect all
necessary works and apparatus, and to lay pipes, for the
purpose of conducting the gas, in anj- of the streets, avenues,
public grounds or other places, in the said city or elsewhere :
Provided, that no permanent injury or damage shall be done
to any street, lane or highway of said city. The real estate
which this corporation is entitled to hold shall not exceed,
in value, one hundred thousand dollars ; and it shall be
lawful for the said company to sell and convey any real
estate it may possess, when not required for its own use.
§ 3. The capital stock of said company shall not exceed Amount of capital
three hundred thousand dollars, to be divided into shares of
one hundred dollars each, to be subscribed and paid for in
such proportions as shall be prescribed by the by-laws and
rules for regulating the concerns and affairs of said company;
which by-laws, rules and regulations the said company, by
its directors, are hereby empowered to make, and change,
332 GAS LIGHT COMPANIES.
alter and revise at pleasure : and provide for the manage-
ment and disposition of the stock, property and real estate of
said company ; the duties of the officers, artificers and agents
to be employed; the number and selection of directors;
and all such other matters as pertain to the concerns, affairs
or necessities of the comjjany. Said company shall have
the exclusive right and privilege of supplying the city of
Aurora ^vitll gas, for the purpose of affording light, for
twenty years.
City bonds to be § 4:. Tlic common council of the city of Aurora arehere-
issued. I^y authorized and they may issue to the said Aurora gas
i lightjCompany, as a loan of their credit, bonds, to any amount,
not exceeding twenty -five thousand dollars, and not to draw
over ten per cent, interest, payable in ten, fifteen and twenty
years, from the date of issue, secured upon the revenues of
said city of Aurora. Said bonds to be a first lien up<:)n the
I'feal estate and fixtures of said Aurora gas light company.
§ 5. This act to take effect and be in force from and
after its passage.
Appeoved February 20, 1861.
In force Febmary _^jf j^Q^; to amend an act entitled "An act to incorporate the Decatur Gas
2'^' ^^'^^- Light and Coke Company," approved February ISth, 1857.
Section 1. Be it enacted hy the People of the State of
Jllinois, represented in the General Assemllf/, That the
Decatur gas light and coke company, incorporated by an act
entitled " An act to incorporate the Decatur gas light and
coke company," approved February 18th, 1857, shall have,
in addition to powers recited therein, the power to issue
bonds of the company and borrow money thereon, as here-
inafter mentioned.
Issuing of bonds. § 2. That the said bonds shall be in sums of five hun-
dred dolkars each, and sliall not exceed, in total amount, the
sum of twenty thousand dollars, and that the same shall be
payable fifteen j-ears after date, with interest at the rate of
seven per cent, per annum, payable semi-annually, in tlie
city of New York.
I 3. Said bonds nor any part thereof shall issue until
the actual improvements of the company for the manufac-
ture of gas shall amount to five thousand dollars in real
estate, buildings and fixtures, and then only in proportion
of seventy-five cents on the dollar therefor ; and that said
bonds shall be a full and complete mortgage upon all pro-
perty, real and personal, of said company, and shall issue in
such proportion as the improvements of said company sliall
be made, until the amount of twenty tliousand dollars shall
be issued.
GAS LIGHT COMPANIES. 333
§ 4. In addition to the secnrity to said bonds, liereinbe- in'^i\''iu<ii iii''ii-
fore recited, the stockholders of said company shall also be
individually liable for the amount of stock subscribed by
said stockholders aforesaid.
§ 5. Tlv3 said bonds shall be signed by the president
and countersigned by the secretary, with tlie seal of the
corporation thereon; and all issues of bonds, agreeably to
the provisions of this act, shall be reported, amount, date
and to whom made, by the president and secretary, under
oath, and be made a matter of record upon the books of the
recorder's ofhce in the county of Macon and upon the books
of the company as said bonds may be issued.
§ 6. This act to be in force from and after its passage.
Approved February 20, 1861.
AX ACT to incoi'iDorate the Elgin Gas Light and Coke Conipanr. In force Ffbruarv
21, 1861;
Section 1. Be it enacted hj the People of the State of
Illinois^ represented in the General Assembly^ That Andrew
J. Waldron, Benjamin F. Lawrence, B. W. Raymond, Wil-
liam G. Hubbard, Henry Sherman, Sylvanus "VVilcox, John
Hill, Lewis H. Yarwoocl and Orlando Davidson, their
associates, successors, heirs and assigns, be and they are
hereby constituted a body corporate and politic, with per-
petual succession, by the name and style of "The Elgin Gas ^aXpowers"^™^
Light and Coke Company ;" and by that name they and their
successors shall be capable of contracting and being con-
tracted with, suing and being sued, defending and being
defended, in all courts and places, and in all matters what-
soever, with full powers to acquire, hold, occupy and enjoy
all such personal and real estate as may be necessary and
proper for the construction, extension and usefulness of the
works of said company, and for the management and good
government of the same ; and they may have a common
seal, and the same alter, break, deface and renew at pleas-
ure.
§ 2. The corporation hereby created shall have full p°^«^'^ '^"^^ p"^-
power and authority to manufacture and sell gas and coke,
to bo made from any and all of the substances, or a combi-
nation thereof, from which inflammable gas can be obtained,
and to be used for the purpose of lighting the city of Elgin or
the streets, allej^s, buildings, stations, depots, manufacturing
establishments and public houses or places therein contained,
and to erect all necessary works and apparatus, and to lay
pipes, for the purpose of conducting the gas, in any of the
streets, alleys and avenues of said city : Provided, that no
permanent injury or damage shall be done to any such streets,
alleys or avenues of said city : And^ provmed^ aho^ that the
331 GAS LIGHT COMPANIES.
real estate wliicli this corporation is entitled to hold shall not
exceed in valne ten thousand dollars, exclusive of the im-
provements erected thereon.
Directors § '^- "^^^^ Corporation hereby created, when organized,
shall be under the direction of live directors, all stockholders
in said company, one of whom shall be elected president.
The directors shall have power to make by-laws, rules and
regulations for conducting the works, the election of direc-
tors, and the aflairs of the company, as to them may seem
necessary, not inconsistent with the constitution or laws of
this state or of the United States, and may appoint such
oflicers, agents and emploj'ees and prescribe the duties of
the same, as they may deem necessary.
Amount of capital § ^- The Capital stock of the said company shall not
stock. exceed the sum of two hundred thousand dollars, to be
divided into shares of fifty doDars each, to be subscribed
and paid for as may be prescribed by the corporators above
named, or their successors or assigns; and the said company
shall have the exclusive privilege of supplying the city of
Elgin and its inhabitants with gas, for the purpose of afibrd-
ing light, for twenty years.
§ 5. This act shall take effect and be in force from and
after its passage.
Appkoved February 21, ISGl.
In force Ftbruary AX ACT to incorporate the Galesburg Gas Light and Coke Company.
IS, ISOl.
Sectio:n' 1. jBe it enacted hy the People of the State of
Illinois, represented in the General Assembly, That George
J. Bei-gen, William E. Dunn, Clark E. Carr, Alonzo M.
Swann, and Richard II. "Whiting, be and they are hereby
created a body corporate and jjolitic, with perpetual succes-
Corporatp name siou, by tlic name and style of " Galesburg Gas Light and
powers. QqI^q Company;" and by that name they and their succes-
sors shall be capable, in law, of contracting and being con-
tracted with, suing and being sued, defending and being
defended, in all courts and places and in all matters whatso-
ever, with full power to acquire, hold, occupy and enjoy all
such real and personal estate as may be necessary and })roper
for the construction, extension and usefulness of the works
of said company, and for the management and good govern-
ment of the same; and they may have a common seal, and
the same may alter, break and renew at pleasure.
§ 2. The cor])()ration hereby created shall have full
power and authoj-ity to manufacture and sell gas, to be
made from any^or all of the substances, or a combination
thereof, from which inflammable gas is usually obtained,
GAS LIGHT COMPANIES. 335
and to be used for the purpose of lighting the city of Gales-
burg or the streets thereof, and any buiklings, manufactories,
colleges, academies, churches and public places or houses
therein contained; and to erect all necessary works and
apparatus, and to lay pipes, for the purpose of conducting
the gas, in any of the streets or avenues of said city : Pro-
vided^ that no permanent injury or damage shall be done to
any street, lane or highway of said city. The real estate
which this corporation is entitled to hold shall not exceed,
in value, seventy -five thousand dollars.
§ 3. The capital stock of said company shall not exceed '\"',''™\°'' *^^p'"
three hundred thousand dollars, to be divided into shares of
fifty dollars, to be subscribed and paid for in such propor-
tions as shall be prescribed by the by-law^s and rules for
regulating the concerns of said company, as they shall think
proper and necessary, respecting the management and dis-
position of the stock, property aud estate of said company;
the duties of the oificers, artificers and agents, to be em-
ployed ; the number and selection of directors ; and all such
matters as appertain to the concerns of said company. Said
company shall have the exclusive privilege of supplying the
city of Galesburg and its inhabitants with gas, for the pur-
pose of aftording light, for twenty-five years.
This act to take effect and be in force from aud after its
passage.
Approved February 18, 1861.
AN ACT to incorporate the Peru and La Salle Gas Light and Coke Company. 1° force Februarj-
12, 1601.
Section 1. Be it enacted hy the People of the State of
Illinois, rej^resented in the Creneral Assembly, That Theron
D. Brewster, Churchill Cofiing, Orville IST. Adams, David L.
Hough and Bronson Murray, their associates, successors,
heirs and assigns, be and they are hereby created a body
corporate and politic, with perpetual succession, by the
name and style of " The Peru and La Salle Gas Light and Corporate name
r^ 1 g~. '',, 111 1 -\ ^ • ^ ^^'^ powers.
(Joke company; and by that name they and their succes-
sors shall be capable of contracting and being contracted
with, suing and being sued, defending and being defended,
in all courts and places and in all matters whatsoever, with
full powers to acquire, hold, occupy and enjoy all such per-
sonal and real estate as may be necessary and proper for the
construction, extension and usefulness of the works of said
company and for the management and good government of
the same ; and they may have a common seal, and the same
alter, break, deface and renew at pleasure.
§ 2. The corporation hereby created shall have full power Manufacture and
and authority to manufacture and sell gas and coke, to be ^'^®°^^^-
GAS LIGHT COMPAXIES.
made from any and all of the substances, or a comT)ination
thereof, from which intlammable gas can be obtained, and
to be used for the purpose of lighting the cities of Peru and
La Salle or the streets, alleys, levees, embankments, build-
ings, stations, depots, manufacturing establishments and
public houses, or other places therein contained, and to erect
all necessary works and apparatus, and to lay pipes, for the
purpose of conducting the gas, in any of the streets, alleys,
levees, embankments and avenues of said cities : Provided^
that no permanent injury or damage shall be done to any
such streets, alleys, embankments or avenues of said cities :
And, provided, also, that the real estate which this corpo-
ratic>n is entitled to hold shall not exceed in value ten
th6usand dollars, exclusive of the improvements erected
thereon.
§ 3. The corporation hereby created, when organized,
shall be under the direction of live directors, all stockhold-
ers in said company, one of whom shall be elected presi-
dent. The directors shall have power to make by-laws,
rules and regulations for conducting the works, the election
of directors, and the aifairs of the company, as to them
may seem necessarj^, not inconsistent with the constitution
or laws of this state or of the United States ; and may appoint
such officers, agents and employees, and prescribe the duties
of the same, as they may deem necessary.
§ 4. The capital stock of said company shall not exceed
the sum of two hundred thousand dollars, to be divided into
shares of fifty dollars each; to be subscribed and paid for as
may be prescribed by the corporators above named or their
successors or assigns. And the said company shall have
the exclusive privilege of supplying the cities of Peru and
La Salle and their inhabitants with gas, for the purpose of
affording light, for the term of twenty years.
§ 5. This act shall take eliect and be in force from and
after its passage.
Appkoved February IS, ISOl.
In force I'V-bruary AX ACT to incorporate the Pckin Gas Liirlit Coinpanv.
18, 1801. o I .
Section 1. Be it enacted hy the Pcoijle of the State of
Illinois, represented in the General Assembly, That David
Mark, Peter Weyhi-ich, Joshua Wagenseller, Thomas N.
Gill, Penjamin S. Prettyman, James Haynes, Sabin D. Pe-
terbaugh, John Lucas, James Harriott, Ties Smith, Henry
P. AVe'stcrman, and William A. Tinny, their successors, as-
sociates, heirs and assigns, be and they are hereby created a
body corporate and politic, with perpetual succession, by the
GAS LIGHT COMPANIES. 337
name and style of " The Pekin Gas Light Compaii}"" and '^°jj''°y-'**^ "^"^'^'
by that name they and their successors shall be capable, in ^ i'°"«'^-
law, of contracting and being contracted with, sning and be-
ing sued, defending and being defended, in all courts and
places, and in all matters whatsoever, with full powers to ac-
quire, hold, occupy and enjoy all such real and personal es-
tate as may be necessary and proper for the construction,
extension and usefulness of the works of said company, and
for the management and good government of the same;
and they may have a connnon seal, and the same may
alter, break and renew at pleasure.
§ 2. The corporation hereby created shall have full pow- Manufocture and
er and authority to manufacture and sell gas, coke and tar,
made from any or all the substances from which inflam-
mable gas, coke and tar are usually obtained, and to be used
for the purpose of lighting the city of Pekin or the streets
thereof and public places or houses therein contained and
other jDlaces in that vicinity; and to erect all necessary works
and apparatus, and to lay pipes, for the purpose of conduct-
ing the gas, in any of the streets, avenues, public grounds
or other places in the said city or elsewhere : Provided, that
no permanent injury or damage shall be done to any street,
lane or highway of said city. Tlie real estate which this Reai estate.
corporation is entitled to hold shall not exceed in value one
hundred thousand dollars ; and it shall be lawful for the said
company to sell and convey any real estate it may possess,
when not required for its own use.
5 3. The capital stock of said company shall not exceed ^f ^,^"°t, °^ capi-
j^i ^ 111 T1T1 IT-IT- 1 1*^' stock.
three hundred tliousand dollars ; to be divided into shares ot
twenty dollars each ; to be subscribed and paid for in such
proportions as shall be prescribed by the by-laws and rules
for regulating the concerns and affairs of said company ;
which by-laws, rules and regulations the said companv, by
its directors, are hereby empowered to make,* and to change,
alter and revise, at pleasure ; and provide for the manage-
ment and disposition of the stock, property and real estate
of said company, and the duties of the officers, artificers
and agents to be employed, the number and selection of di-
rectors, and all such other matters as pertain to the concerns,
affairs or necessities of the company. Said company shall
have the exclusive right and privilege of supplying the
city of Pekin, in Tazewell county, state of Illinois, for twen-
ty years.
^ 4. As soon as one hundred shares shall be subscribed, ^'"'^^ 9^ st'"=''-
' lioldcrs meet
or sooner, if said corporators deem it expedient, the said cor- ing.
porators, or a majority of them, may give notice, by three
weeks' advertisement in a newspaper published in said city
of Pekin, of the time and place for the subscribers or stock-
holders to meet and elect any number of directors that said
corporators may designate, and to take such other steps to-
wards the organization of such compan}^ as may be deemed
338 GAS LIGHT COMPANIES.
expedient. Any stockholder shall be entitled, at snch and
all other elections, to one vote for each share. The direct-
ors, when chosen, shall appoint one of their number presi-
dent ; and the said president and directors shall have power
to establish all such rules and by-laws as shall be necessary
and not inconsistent with the constitution and laws of this
state ; and shall have the entire direction of the alfairs of
said company.
Borrowing of mo- § ^ 1 1^ sliall bc lawful for tlic dircctors of said cnmpan}-, at
"«y- any time they may require, to borrow or obtain on loan, such
sums of money, and on such terms as they may deem expe-
dient, and to issue the bonds of the company for the same;
not, however, to exceed the sum of fifty thousand dollars at
any one time.
I 6. This act to take effect and be in force from and after
its passage.
Appkoved February 18, ISGl.
In force February AX ACT to incorpsrate the Rockford Gas Lijrlit and Coke Company.
22, 1S61.
Section 1. Be it enacted hy the Peoj^h of the State of
Illinois^ rejpresented in the General Assembly^ That Samuel
S. Ashcraft, Thomas Butterworth, Robert P. Lane, Good-
year A. Sanford and Worcester A. Dickerman, the purchas-
ers and assignees of the ]uirchasers of the property, works
and franchises heretofore belonging to the Rockford Gas
light and coke company, incorporated by an act of the legis-.
lature of the state of Illinois, approved February 15th, 1S55,
and which we];ie sold on or about the 8tli day of March, 1858,
under the trust deed or mortgage executed by said Rock-
ford gas light and coke company, to Henry P. B. Jewett
and Azariah Everett, dated August -ith, 1S5G and also the
assignees of the purchasers of said property and wi )rks, un-
der certain judgments or orders of the Winnebago county
circuit court, establishing mechanics' liens against the same,
and hereby are created a body politic and coi-porato, by the
Name and style, name and style of "The Rockford Gas Light and Coke
Company;" and ])y that name shall have perpetual succes-
sion, and shall have, possess and enjoy all the rights, privi-
leges, franchises and immunities granted and conferred by
the aforesaid act of incorporation of said Rockford gas
light and coke company ; and for the purpose of securing
such rights, privileges, franchises and immunities, the afore-
said act of incorporation shall be deemed and taken as a
part of the charter of the corporation hereby created.
Former proceed- § 2. That tlio making, exccutiou and delivery of the
iDgs icg;ui.ea. above mentioned trust deed or mortgage, by said "Rockford
GAS LIGHT COMPANIES. 339
gas light and coke company, to said Henry P. B. Jewett and
Azariali Everett, dated Angust 4th, 1856, and the issuing
the bonds tliereby secured, and the sale of the property and
works of said companj^, mider the same, are hereby legal-
ized and confirmed.
§ 3. That the corporation hereby created shall have capital stock.
power, from time to time, to issue certificates of shares in
the capital stock thereof, to an amount not exceeding the
actual costs of its property and works, and may acqidre and
hold such real estate as may be necessary for the convenient
prosecution of its business, not exceeding in yalue seventy-
five thousand dollars. The acceptance of this charter shall,
in no manner, be construed to charge the corporation here-
by created, or the said corporators, their successors or as-
signs, with any liability of said original corporation of the
same name, for which said corporators are not now and
never have been liable or the said property by them acquired
chargeable with.
§ 4. This act shall take effect and be in force from and
after its passage.
Approved February 22, 1861.
AN ACT to incorporate the Warsaw Gas Light and Coke Company. In force Febniai-y
^ " ^ -^ 20, 1S61.
Section 1. Be it enacted hy the Peojyle of the State of
Illinois^ rejyresented in the General Assemhly^ That Henry
R. Chittenden, "William K. Davison, Benjamin F. Marsh,
jr., "William F. Burnes, "William H. Roosevelt and Michael
Miller, their associates, successors and assigns, be and they
are hereby created a body politic, for the period of twenty-
five years, from and after the passage of this act, by the
name and style of "The "Warsaw Gas Light and Coke Com- corporate nam
pany;" and hj that name they and their successors shall be ^^ p°"'«^''*-
capable, in law, of contracting and being contracted with,
suing and being sued, defending and being defended, in all
courts and places, and in all matters whatsoever, with full
powers to acquire, hold, occupy and enjoy all such real and
personal estate as may be necessary and proper for the con-
struction, extension and usefulness of the works of said com-
pany, and for the management and good government of the
same. And they may have a common seal, and the same
may alter, break and renewa t pleasure.
§ 2. The corporation hereby created shall have full pow- Manufacture of
er and authority to manufacture and sell gas, to be made ^^^'
from any or all the substances, or a combination thereof, '
from which inflammable gas is usually obtained, and to be
used for the purposes of lighting the city of "Warsaw or the
340 HORSE RAILWAYS.
streets tliei'cof and any buildings, manuftictories and public
places or houses therein contained, and to erect all neces-
sary works and apparatus, and to lay i^ipcs, for the purpose
of conducting the gas, in any of the sh-eets or avenues
of said city : Provided^ that no permanent injury or dam-
age shall be done to any street, lane or highway of said
city. The real estate which this corporation is entitled to
hold shall not exceed in value seventy-five thousand dollars.
Amount of capi- § 3. The Capital stock of said company, shall n^t exceed
lai stock three hundred thousand dollars, to be divided into shares of
fifty dollars, to be subscribed and p.'.id for in such propor-
tions as shall be prescribed by the by-laws and rules for reg-
ulating the concerns of said company, as they shall think
necessary and proper, respecting the management and dis-
position of the stock, property and estate of said company,
the duties of the officei-s, artificers and agents to be employ-
ed, the number and selection of directors, and all such mat-
ters as appertain to the concerns of said company. Said
company shall have the exclusive privilege of supplying the
city of \Yarsaw and its inhabitants with gas, for the pur-
pose of aftbrding light, for twenty-five years.
This act to take efiect and be in force from and after its
passage.
ArPEOVED February 20, 1861.
In force February AX ACT to authorize the extension of Horse Eailways in the City of Chi-
21, ISGl. cago.
Section 1. Be it enacted hy the Feople of the State of
Illinois, rejJi'csented in the General Assenilli/, That Ed-
ward P. AYard, William K. McAllister, Samuel F>. Walker,
James L. Wilson, Charles B. Brown, Nathaniel P. Wilder,
and their successors, be and they are hereby created and
constituted a body corporate and politic, by the name of
Name. " Tlic Chicago West Division Railway Company," for the
term of twenty-five years, with all the powers and authority
pertaining to corporations for like purposes.
§ 2. The said corporation shall possess all the powers
conferred by and be subject to all the provisions contained
in the second, third, fiftii and sixth sections of an act enti-
tled "An act to pi-omote the construction of horse i-ailways
in the city of Cliicago," approved February l-tth, 1S50 :
Provided, that nothing herein contained shall be so con-
strued as to in any mamicr invalidate or injuriously aft'ect
any of the rights of either of the corporations ci-eated by
said act, or to authorize the corporation hereby created to^
construct or use any railway track in .the North Division of
IIOESE KAILWAYS. 341
Chicago, except by tlie written consent of the JN'orth Chi-
cago City Eaihvay Company : And, further, 7;^•o^vVZe(7, the
consent of the owners of two-thirds of the property, by lineal
measure, fronting upon the streets through which said rail-
way shall pass, shall be obtained.
§ 3, All the corporate powers of said corporation shall ^,X' '^^ '"''^°"
be vested in and exercised by a board of directors and such
officers and agents as said board shall appoint. The first
board of directors shall consist of said Charles 13. Brown,
James L.- Wilson, William K. McAllister, Samuel B. Walk-
er, and Xathaniel P. Wilder, and, thereafter, of not less
than three nor more than seven stockholders, who shall be
chosen each and every year, by the stockholders, at such
time and in such manner as the said corporation shall, by
its laws, prescribe. The said directors shall hold their offi-
ces until their successors are elected and qualified, and may
fill any vacancies which may happen in the board of direct-
ors, by death, resignation or otherwise. They may, also,
adopt such by-laws, rules and regulations, for the govern-
ment of said corporation and the management of its aftairs
and business, as they may think proper, not inconsistent
with the laws of this state.
§ 4. The corporation hereby created is authorized to pur- Possession and
'-,,-, , J- , -^ 1 , , . , puvchrtse of real
chase, hold and convey real or personal estate ; to mortgage estate.
or lease its franchises and property ; to acquire, unite and
exercise any of the powers, franchises, privileges or immuni-
ties conferred upon the Chicago City Railway Company, by
the act aforesaid or any ordinance of the common council of
said city, upon such terms and conditions as may, by con-
tract between the said railway corporations, be prescril;>ed ;
and the consent of the board of directors of the said Chicago
City Railway Company, manifested in writing, shall be a
condition precedent to the corporation hereby created exer-
cising the powers or any of them conferred upon it by the
second section of the act aforesaid, as to any street of said
South and West Divisions of Chicago, in which the said
Chicago City Railway Company has acquired the right of
laying down its track : Provided, that upon obtaining such
contract or consent, as aforesaid, this corporation shall there-
upon and thereby become entitled, as to the streets last above
mentioned and no others, to use the same according to the
provisions of said contract and the ordinances aforesaid, any-
thing herein contained to the contrary notwithstanding.
§ 5. If any person shall willfully and maliciously ob- oi.struetioos to
struct either of the corporations aforesaid or that hereby
created, in the use of any of their railway tracks or the pass-
ing of the cars of either of said corporations thereon, such
person and all who shall be aiding or abetting shall be
punished by a fine not exceeding five hundred dollars, or may
be imprisoned in the common jail for a period not exceeding
three months.
3J:2 HORSE RAILWAYS.
§ 6. This act shall be deemed a public act, and noticed
l\v all courts as such, without pleading, and shall take effect
from its passage.
Approved February 21, ISGl.
In force February AX ACT to promote the construction ot Horse Railways in the City of
21, lofll- Peoria.
Section 1. Be it enacted hy the Peojjile of the State of
Illinois^ represented in the General Assemblij^ That Peter
Sweat, George C. Bestor, Elihu JST. Powell, John J. "Weed,
Lewis Howell, Amos P. Bartlett and William M. Dodge,
and their successors, be and they are hereby created a body
xame. corporato and politic, by the name of "The Peoria City Rail-
way Company," for the term of twenty-five years, with all
the powers and authority incident to corporations, for the
purposes hereinafter mentioned.
Authority to con- § 2. The Said corporation is hereby authorized and
struct railway, em^iowered to construct, maintain and operate a single or
double track railway, with all necessary and convenient
tracks, for turnouts, side tracks and appendages, in the city
of Peoria, and in, on, over and along such street or streets,
highway or liighways, within the present or future limits of
the city of Peoria, as the common council of said city have
authorized said corporators, or any of them, or shall here-
after authorize said corporation so to do, in such manner,
and upon such terms and conditions, and with such rights
and privileges, as the said common council has or may, by
- contract with said companj-, hereafter prescribe; luit said
corporation shall not be liable for the loss of any baggage
carried on said railways, kept in and under the care of its
owner, their servant or agent.
Amount of capi- § 3. The Capital stock of said corporation shall be one
tai stociv. hundred thousand dollars, and may be increased, from time
to time, at the pleasure of said corporation. The capital
stock shall be divided into shares of one hundred dollars
each, and be issued and transferred in such manner and
upon such conditions as the board of directors of said cor-
poration may direct.
Boari of direc § 'i- -^^^ tlic coi'porate powci'S of Said corporation shall
tore. IjQ vested in and exercised by a board of directors, and such
officers and agents as said board shall appoint. The first
board of directors shall consist of said Peter Sweat, George
C. Bestor, Elihu N. Powell, John J. Weed, Lewis Howell,
Amos P. Bartlett and William M. Dodge, and, thereafter,
of not less than three nor more than seven stockholders,
who shall be chosen each and ever}- year, by the stockhold-
HOESE RAILWAYS. 343
ers, at such time and in the same manner as said corporation
shall, by its laws, prescribe. The said directors shall hold
their offices until their successors are elected and qualified,
and may fill any vacancies which may happen in tiie board
of directors, either by death, resignation or otherwise.
They may also adopt such by-laws, rules and regulations,
for the government of said corporation and the management
of its altairs and business, as they may think proper, not
inconsistent with the laws of this state.
§ 5. The said corporation are authorized and empowered Borrowing of mo-
te borrow, from time to time, such sums of money as, in
their opinion, may be deemed necessary to aid the construc-
tion of said railway, and pay any interest therefor, not
exceeding ten per cent., and to pledge and mortgage the
said railway and its appendages, or auj part thereof, or any
other property or effects, rights, credits or aj^pendages of
said company, as security for any loan of money and interest
thereon, and to dispose of the bonds issued for such loan,
at such rate or on such terms as the board of directors
may determine.
S 6. Nothino" herein contained shall authorize the con- Bmuiing of single
" , ,, ^ , . 1 1 (1 • 1 ■! track or double
struction ot more than a smgle track for said raii\vay upon track.
any of the streets of said city, except by the consent of the
owners of two-thirds of the property, by lineal measure-
ment, lying upon any street along and upon VN-hich it is
proposed to construct a double track for said railway ; nor
shall anything herein contained be construed to authorize
the company hereby incorporated to permit the cars of any
other railroad company whatever, propelled by steam, to
run along or upon the railway of the company hereby cre-
ated: J^i'ovided, that nothing contained in this section sliall
be held to prohibit the construction of such double tracks,
for turnouts, as may, from time to time, be necessary, in the
successful operation of said railroad.
§ 7. Said company may organize, whenever ten thou- organizatior.
sand dollars shall have been subscribed to its capital stock,
and five per cent, thereof paid in ; and three of the persons
mentioned in the first section of this act shall be commis-
sioners to open books for the purpose of receiving subscrip-
tions to the capital stock of said company.
Appkoved February 21, 1S61.
AN ACT to promote the construction of Horse Railways in tlie City of In force February
Bpringtield. ^^> ^^'^^•
Section 1. JSe it enacted Ijy the People of the State of
Illinois, represented in the General Assemlly, That Jacob
Bunn, John T. Stuart, Stephen T. Logan, Benjamin S.
oJri IIOKSE RAILWAYS.
Ethvards, Cliristoplier C. Brown, Thomas S. Mather and
George Carpenter, and their successors, be and they are
hereby created a body politic and corporate, by the name of
Corporate name. '' ^he SpHnglield City Railway Company," for the term of
fifty years, with all the powers and authority incident to
corporations, for the purposes hereinafter mentioned,
§ 2. The said corporation is hereby authorized and
empowered to construct, maintain and operate a single or
double ti-ack railway, with all necessary and convenient
tracks for turnouts, side tracks and appendages, in the city
of Springfield, and in, on, over and along such street or
stress, highway or highways, within the present or future
limits of the city of Springfield.
Amount of capital § 3. The Capital stock\:>f said corporation shall be fifty
stock. thousand dollars, and may be increased, from time to time,
at the pleasure of said corporation. It shall be divided into
shares of fifty dollars each, and be issued and transferred in
• such manner and upon such conditions as the board of
directors of said corporation may direct.
Directors and of- § -i- All tlic corporatc powcrs of said corporation shall
ficers. j-jQ vested in and exercised by a board of directc^rs, and such
ofiicers and agents as said board of directors shall appoint.
The first board of directors shall consist of Jacob Eunn,
John T. Stuart, Stephen T. Logan, Benjamin S. Edwards,
Christopher C. Brown, Thomas S. Mather and George
Carpenter, and, thereafter, of not less tlian three nor more
than seven stockholders, who shall be chosen each and every
year, by the stockholders, at such time and in such manner
as the said corporation shall, by its laws, prescribe. The
said directors shall hold their ofiice until their successors
are elected and qualified, and may fill any vacancies which
may happen in the board of directors, by death, resignation
or otherwise. They may also adopt such by-laws, rules and
regulations, for the government of said corporation and
the management of its affairs and business, as they may
think proper, not inconsistent with the laws of this state.
Extension of § .5. The Said corporation is hereby authorized to extend
dty'^nmit!!'^^""'^ the said several railways, herein authorized to be built, in
the manner aforesaid, to any point or points within the
county of Sangamon, in this state ; and, to enable said cor-
poration to construct any or all of the railways herein
authorized, or their appendages, the said corporation is
hereljy vested with power to take and apply ])rivate pro-
perty, for the purpose and in the manner prescribed by an
act entitled "An act to amend the law condemning right of
way for purposes of internal improvement," appi'oved June
22nd, 1852, and the several acts amendatory thereof, and
may exercise all the powers conferred upon railroad corpo-
rations by the twentj'-fifth and twenty-sixth sections of "An
act to provide for a general system of railroad incorpwa-
tions," approved ISToVember 5th, 1840, ascertaining and
CHICAGO ICK COMPANY. 34:5
making recompense for all damages sustained, agreeable to
the provisions of the act hereinbefore first mentioned.
§ 6. The said corporation is hereby authorized to lay
down and maintain its said railway or railways in, upon,
over and along any common highway in said county, but in
such manner as not to obstruct the common travel of the
public over the same. In all cases where vehicles shall
meet the cars or carriages of said railways, either in the
city or county, said vehicles shall give way to the cars or
carriages on the railway; and the said corporation may
take, hold, mortgage and convey real estate.
§ 7. This act shall be deemed a public act, and noticed
by all courts as such, without pleading, and shall take efliecc
from its passage.
Approved February 18, 1861.
AN ACT to incorporate the Chicaeo Ice Company. In force Fchrunv
22, W.-.l.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General AssenMy, That Horatio
G. Loomis, Henry Fuller, James P. Smith, jr., Henry H.
Blake, and their associates and successors, be and they are
hereby created and constituted a body corporate and politic,
by the name of " The Chicago Ice Company," for the term Name.
of ninety-nine years, with all the powers and authority
incident to corporations, for the purposes hereinafter men-
tioned.
§ 2. The said corporation is hereby authorized and PrivUeges.
empowered to collect, store, vend and deal in ice, and what-
ever may be requisite in conducting a general business in
said article ; to purchase, hold and convey any real or per-
sonal estate whatever, which may be necessary to enable
said corporation to carry on its operations.
§ 3. The capital stock of said corporation shall be one capUai stosk.
hundred thousand dollars, and may be increased, from time
to time, at the pleasure of said corporation, to the amount
of not exceeding five hundred thousand dollars. It shall
be divided into shares of one hundred dollars each, and
issued and transferred in such manner and upon such con-
ditions as the board of directors of said corporation may
direct.
§ 4. All the corporate powers of said corporation shall '^^^^^ ^^ ^'■''"•
be vested in and exercised by a board of directors, and such
officers and a ;ents as said board shall appoint. The first
board of directors shall consist of Horatio G. Loomis,
Henry Fuller and James P. Smith, jr., and, thereafter, of
not less than three nor more than seven stockholders, who
—30
SiO INSURANCE COMPANIES.
shall be chosen each and every year, by the stockholders,
at such time and in such manner as said corporation sliall,
by its by-laws, prescribe. The said directors shall hold their
ofhces until their successors are elected and qualified, and
maj' fill any vacancies which may happen in the board of
directors, by death, resignation or otherwise. They may
also adopt such by-laws, rules and regulations, for the gov-
ernment ot said corporation, and the management of its
aliairs and business, as they may think proper, not incon-
sistent with the laws of this state.
Place of buiiness. § ^- The general office and place of meeting for business
of said corporation shall be in the city of Chicago.
§ 6. This act shall take efiect from its passage.
ArPKovED February 22, 1861.
In force February ^N ACT to amend an act entitled "An act to incorporate tlie Addison Far-
» ^^ • mers' Mutual Insurance Company."
Section 1. JSe it enacted hy the People of the State of
Illinois, represented in the Ge.eral Assembly , That the first
Losses by irtoriDB. scctioii of the act to which this is an amendment be and the
same is hereby so amended that said company may insure
their respective dwelling houses, stores, barns and other
buildings, household furniture, merchandise, produce and
live stock against loss or damage by wind, in the same
manner and on the same terms as authorized by said act in
case of loss or damage by fire.
Premium notes. § 2. That the sevcntli section of said act be and the
same is hereby so amended that the directors of said com-
pany may fix the amount that each party, at the time of
insuring, and any party applying for insurance against loss
or damage by fire or wind, so electing, may pay a definite
sum of money in full for said insurance, in lieu of a pre-
mium note.
§ 3. That no money or premium notes received for
insurance against loss or damage by fire shall be used or
assessed to pay losses occasioned by wind ; and no money
or premium notes received for insurance against loss or
damage by wind shall be used or assessed to pay losses
occasioned by fire.
§ 4. This act to take ejffect and be in force from and
after its passage.
Ai'PKovED February 21, 1801.
msuEAJsrcE companies. 347
AN ACT to amend an act entitled "An act to incorporate the Boone County In force February
Mutual Insurance Company." ^*' •
Section 1. Be it enacted hy tJie People of the State of
Illinois, represented in the General Assemhly^ That tlie
name of the "Boone County Mutual Insurance Company" change of name.
be and the same is hereby changed to "Protection Insur-
ance Company ;" by which name and style the said corpo-
ration shall hereafter be known.
§ 2. . The affairs of said company shall be managed by a Board of free-
board of dii-ectors, to consist of not less than five nor more
than twenty-one members or stockholders, as may be regu-
lated by the by-laws, who shall be elected in the same man-
ner and possess the same powers as are conferred on direc-
tors of said company by the act to which this act is amen-
datory.
§ 3, The guaranty notes mentioned in said act may be seeuritieg.
increased to any amount, not exceeding two hundred thou-
sand dollars ; and the directors are hereby authorized to re-
ceive mortgages on unincumbered real estate, bonds, stocks,
or other securities, satisfactory to said directors, instead of
said guaranty notes.
§ 4. The directors are hereby authorized to establish an office at Free-
office at Freeport, in the county of Stephenson, and carry
on and conduct the business at that place ; and any thing
required by said act to be done at Belvidere, or in the
county of Boone, shall be binding on said company and
also on the insured, if done at Freeport, in the county of
Stephenson.
§ 5. The said company may insure and take risks against ^l^^^^ ^^ '*°'"™''
loss or damage by lightning, wind, rain, flood, tornado or
any other risk that they may deem proper, and charge and
receive such premiums therefor as may be agreed upon by
and between the parties.
§ 6. So much of the act to which this act is an amend-
ment as is inconsistent with the provisions of this act be
and the same is hereby repealed.
§ 7. The change in the name of said company shall not
release said company from any of its liabilities or contracts
already made.
§ 8. The fifteenth section of said act is hereby changed
so as to read as follows : " This act shall take eftect and be
in force from and after its passage and continue fifty years."
And the balance of said fifteenth section is hereby repealed.
§ 9. This act shall not take effect untiFit shall have been
accepted by a majority of the board of directors of the
Boone County Mutual Insurance Company, at a meeting,
to be called for such purpose, and the filing with the secre-
tary of state of a certified copy of such vote of acceptance.
Approved February 18, 1861.
348 INSURANCE COMPANIES,
In force February AX ACT to incorporate the Commercial Insurance Company of ChlcaKO,
IS. 1301. lUioois.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly , That Joliii
H. Dunham, H. B. Dox, William Blair, George Armour,
Francis B. Cooley, Julian S. Rumsej, Joseph T. Ryerson,
H. W. Hinsdale, C. T. Wheeler, S. A. Smith, Clinton
Briggs, John Y. Clarke and E. S. Hunter, and their suc-
cessors, assigns and associates, be and are hereby created a
body corporate and politic, nnder the name and style of
Corporate name "The Commercial Insurance Company," located at Chicago,
and powerB. Ulinois ; and by such name shall have perpetual succession ;
may sue and be sued, plead and be impleaded, answer and
be answered unto, defend and be defended ; may have and
use a common seal, which they may alter at pleasure ; and
may purchase, hold or convey any estate, real or personal,
for the use of said- company; may also make such by-laws
as are necessary for the regulation of its aifairs ; and in ad-
dition to these general powers, shall have authority, by in-
insnvances. strumcnt, undcr seal or otherwise: — 1st. To make insurance
on all descriptions of property against loss or damage by
hre. 2d. To make insurance on the cargoes and freights of
boats and vessels, and on bottomry and respondentia inter-
ests, against the perils of marine and inland navigation.
3d. To cause themselves to be reinsured against any risk
on which they may have insurance.
Amount of capital § 2. The Capital stock of said corporation shall be five
stock. hundred thousand dollars, ($500,000,) to be divided into
shares of one hundred dollars each, to be paid in such in-
stallments as the board of directors of said corporation may,
from time to time, at their discretion, appoint and order,
except as hereinafter provided. The capital stock shall be
transferable on the books of said corporation, and not other-
wise.
Books of subscvip- § 3. Books of subscriptioii may be opened, under the
"°°- direction of the board of directors, as hereby constituted ;
and when two hundred thousand dollars (^200,000) shall
have been subscribed, the said board of directors may de-
clare the company organized, and proceed to call in such an
installment of the stock as they may deem necessary, not
less than twenty-five per cent., in cash ; and, for the balance
of such subscription, may take bonds and mortgages of real
estate, or other approved collateral securities, in their dis-
cretion; and may, also, from time to time, invest in like
securities or otherwise, as they see fit, whatever amount of
the paid up capital or other assets in the possession of the
company, the said board of directors may deem best for the
interests of the company to so in^'est.
§ 4. The persons named in tlie first section of this act
shall constitute the first board of directors, and shall hold
INSURANCE COMPANIES. 349
their office until the third Monday of January, next succeed-
ing the organization of the company, and until their suc-
cessors are elected ; and on the third Monday of January,
in each year, an election of directors shall be held, in the
city of Chicago, at such place as the existing board may
prescribe. The stockholders in said corporation, in person
or by proxy, shall be entitled to one vote for each share of
stock held by them, respectively, at the time of such elec-
tion ; and the persons, to the number of thirteen, (13,) being
stockholders, receiving the highest number of votes, sliall
be declared elected clirectors of said corporation for one
year, and shall hold their offices until the next annual elec-
tion and until their successors are appointed. Five mem-
bers of the board shall constitute a quorum for the transac-
tion of business.
§ 5. Previous to the annual election for directors three in3;iectorsofeiec-
inspectors of such election shall be chosen by the retiring
board, whose duty it shall be to canvass the votes cast there-
at and declare the result. The said inspectors shall also be
judges of the qualifications of voters. Notice of such elec-
tion shall be published in one or more daily newspapers, at
least two weeks previous thereto, over the signature of an
officer of the company. The board of directors shall have
power to fill any vacancy that may occur in their own body ;
a majority of voters constituting a choice.
§ 6. Immediately after the directors are elected they oracers of the
shall meet and choose out of their number a president and ''°^''^"
one or more vice presidents, who shall hold their office
until the next election of directors, or until removed by a
vote of at least two-thirds of the members of the board.
They shall, also, appoint a secretary and all subordinate
officers of said corporation, fix their compensation, and pre-
scribe their duties.
§ 7. All 23olicies of insurance, issued by said corpora- po'^ci^s-
tion, shall be signed by the president and secretary, and in
case of the death or absence of the president, by a vice pre-
ident, in his stead ; and all losses arising under any policy
so signed may be adjusted and settled by the president and
secretary, under such regulations and orders as the directors
may, from time to time, prescribe.
§ 8. A statement of the true condition of the company Ammai smto-
shall be made to the stockholders each year, by the officers
thereof, under oath, at the time of the annual election of
directors. The office of the company shall be located and
kept in the city of Chicago ; but the officers of the company
may appoint such agents in other places as they may deem
necessary.
§ 9. The board of directors may, from time to time, in i^'^''i«'n '«•
their discretion, estimate the profits that have accrued in
their business and declare such dividends to stockholders as
they may deem advisable.
350 INSURANCE COMPANIES.
§ 10, This act is hereby declared a public act, and shall
take effect from and after its passage, and shall be liberally
construed, for the purposes therein contained.
Approved February IS, 1861,
In fDr<-e February -A-^ ACT to incorporate the Columbian Insurance Company.
20, ISOl.
Section 1. Be it enacted hy the Peoj)le of the State of
Illinois, represented in tlie Creneral Assembly, That George
T, DeForrest, Julius Bastress, F. M. S. Brawley, A, P, Long,
J, O, Churchill, and all other persons who may hereafter
associate with them, in the manner herein prescribed, shall
be and are hereby constituted a body corporate and politic,
corporate name by tlic uauie aud stylc of "The Columbian Insurance Com-
and powers. pauy ;" aud by that name may sue and be sued, appear, pros-
ecute and defend in any court of record, or other court or
place whatsoever ; and may have and use a common seal, and
alter, break and renew the same at pleasure ; may purchase
and hold such personal and real estate as may be necessary
to effect the objects of their association, and may sell and
convey the same, at pleasure, provided such real estate shall
not exceed in value, at any one time, the sum of thirty thou-
sand dollars, except such as may be taken for debts due the
company or as a part of the guaranty capital ; may make,
establish and put in execution such by-laws, ordinances
aud resolutions, not being contrary to the laws of this state
or of the United States, as may be necessary or convenient
for their regulation and government and for the manage-
ment of their affairs, and do and execute all such acts and
things as may seem necessary to carry into effect the pro-
visions of this act.
i?na^-(i or diroc- § 2, Tlic affairs of said company shall be managed by a
'"''''• board of directors, to consist of not less than live nor more
than forty-one members or stockholders, as may be regula-
ted by the by-laws of said company; and said directors shall
be chosen, by ballot, from among the mend)ers or stock-
hoklers of this company, and a majority of the whole board
shall constitute a quorum for the transaction of business,
until said board shall consist of more than five directors,
after which the president aud two directors shall constitute
a quorum,
Kicotw.n of board § 3. The pcrsous named in the first section of this act
are hereby constituted a board of directors, to serve as such
until the first ammal election and until others are chosen ;
which annual election shall be held on the first Monday in
April, in each year. Such election shall be held at the
olliee of the company, at such hour of the day as the dircc-
uf (lire
IN8UKANCE COMPANIES. 351
tors shall, for the time being, appoint — notice of which shall
be given in one of the newspapers printed in the county of
Stephenson, at least twenty days immediately preceding
such election ; and such election shall be holden under the
inspection of three members or stockholders, to be appoint-
ed pi'evious to every election by the president; and such
election shall be made by a plurality of the votes of the
members and stockholders or their proxies, allowing each
member one vote for each policy by him, her or them held
and in force in this company, and each stockholder one
vote for each share of stock ; and the board of directors are
hereby authorized, at any of their meetings, to provide a
form for the appointment of proxies and to specify the evi-
dence that shall be required in the execution thereof. The
board of directors shall hold their offices for one year and
until others are chosen ; and vacancies occurring in the
board may be filled at any of their meetings.
§ 4. The board of directors shall elect a president, vice officers of the
president, secretary and treasurer, who shall hold their re- ^°^'^^-
spective offices for one year and until others are chosen.
The board of directors may also appoint an executive com-
mittee, from among their number; and such committee,
when the board is not in session, may exercise all the powers
vested in this company, except where the company has, by
its by-laws, otherwise provided. The board of directors
may appoint examiners, agents and such subordinate officers
as they may deem necessar}^, who shall hold their offices
during the pleasure of the board.
§ 5. If it shall at any time happen that the election of
directors shall not be held or made on a day when pursuant
to this act it ought to have held or made, this corporation
shall not for that cause be deemed to be dissolved, but it
shall be lawful, on any other day, to hold and make an
election of directors — notice of which shall be given as here-
in prescribed.
§ 6. The" rates of insurance shall be fixed and regulated ^"^^^ ^^ '»>*«-
by the board of directors, and premium notes ma} be re
ceived from the insured, which shall be paid at si.cli tiuK-
or times and in such sum or sums as the directors shall.
from time to time, require for the payment of the debts of
the company. The directors may also fix the amount than
each party shall pay at the time of insuring; and any party
applying for insurance, so electing, may pay a definite sum
of money, in full for said insurance and in lieu of a pre-
mium note.
§ 7. If it shall so happen that the whole stock and con-
tributions of this company be insufficient to pay and satisfy
all losses and expenses, in such case a just average shall be
made, and the payment to be demanded by virtue of any
policy shall be a dividend of such stock and contributions,
in proportion to the amount of losses and expenses.
352 INSURANCE COMPANIES.
Divid»P(is, § 8. The directors may divide the wliolc or anj part of
the protits arising from the business of the company with
the parties insured, on such terms and conditions as they
may judge that the interest and welfare of the company
require.
§ 9. The members of this company shall be and are
hereby bound and obliged to pay their proportion of all
losses and expenses happening and accruing during the time
for which they are insured, to the amount of their premium
notes and cash premiums, and no more ; and the said com-
pany shall have a lien on all buildings insured, as against
the insured, including the right, title and interest of tlie in-
sured to the lands on which said buildings are situated and
belonging thereto, for the payment of said premium notes.
§ 10. Applications for insurance shall state all the ma-
terial facts and circumstances atfecting the risk ; and the
statements made in the application shall be binding on the
insured and a warranty on his, her or their part.
§ 11. It shall be lawful for this company to reinsure any
risk or any part of any risk on which they have made in-
surance.
§ 12. The home office of the company shall be located
in the city of Freeport, in the county of Stephenson ; but
no policy shall be issued by said company until applications
have been received for at least lifty thousand dollars.
§ 1 3. "When an action is brought for the reeovery of
any assessment on any premium note or on any note for
premium given to this company, the certificate of the presi-
dent and secretary, under seal of the company, stating the
amount due the company on such note or notes, shall be
taken and received as prima facie evidence thereof, in all
courts and places whatsoever.
§ 14. In case any member of this com|tany shall neglect
or refuse to pay his, her or their assessment, as levied by
the directors, for the space of thirty days after notice there-
of, his, her or their policy shall become void and of no
effect.
§ 15. Suits at law may be maintained by this company
against any of its members, and suits may also be main-
tained by any member against this company ; and in any
suit between this company and any of its members, any
member shall be admitted as a competent witness for and in
behalf of this company,
§ 16. It shall be lawful for the secretary of this compa-
ny to a]ipoint a deputy, which appointment shall be approv-
ed by the board of directors.
§ 17. The said company may insure against loss or da-
mage by fire of any building or other property, and also
against loss or damage by liglitning, wind, rain, flood, tora-
luido or any other risk that they may deem proper, and
INSUKAJSrCE COMPANIES. 353
chai'o-e and receive such premium therefor as may be
ag-reed by and between the parties.
§ 18. ' For the better security of policy holders, the said G"«rantycapiiai.
company may receive a guaranty capital, to any amount
not exceeding two hundrecl thousand dollars, which shall be
divided into' shares of one hundred dollars each, and shall
be entitled to representation at elections of directors, in the
ratio of one vote for each share, and shall be secured by
morto-ao-es on unincumbered real estate, bonds, stocks or
othei^ s'ecurity, satisfactory to the board of directors. Said
capital shall be liable for the losses of the company, when-
ever the premiums theretofore paid or agreed to be paid are
insufficient to pay the same ; and the said company shall
pay an interest on said capital, but not to exceed seven per
cent, per annum ; and assessments made on such capital
shall be reimbursed from the funds of the company before
any dividends of profits shall thereafter be made to the poli-
cy holders. , t t *
' § 19 , The board of directors may invest and employ the ii^vestments.
funds of the company in such w^ay and manner as they may
judge that the interest and welfare of the company require.
But nothing contained in this act shall be so construed as to
authorize said company to perform any banking privilege or
to issue any certificate of deposit, to circulate as money or
currency.
§ 20. This act shall be deemed a public act, and be
liberally construed for the purposes therein contained, and
take effect and be in force from and after its passage, and
continue fifty years.
Approved February 20, 1861.
AN ACT to incorporate the Crete Farmers' Mutual Insurance Company, I" ^'oQ^^^sm?'^'^^
Section 1. Be it enacted hy the Peo])le of the State of
Illinois, represented in the General AssemUy, That Conrad
Tatge, John O. Meier, Henry Tatge, John Scheiwe and
William Kirme, and all other persons who may hereafter
become members of said company, be and they are hereby
incorporated and made a body politic, for the term of twenty-
five years, from the passage of this act, by the name of
"The Crete Farmers' Mutual Insurance Company," for the cwporat^e ^ name
purpose of insuring their respective dwelling houses, stores, ^
shops, barns, stables and other buildings, household furni-
ture, merchandise, produce and live stock, against loss or
damage by fire, whether the same shall happen by accident,
lio-htnino- or any other means, except that of design in the
assured or by the invasion of an enemy, or insurrection of
—31
35i INSURANCE COMPANIES.
the citizens of this or any of the United States; also, to
insnre a^i>ainst loss or damage to the above specified property
b}" wind ; and by that name may sue and be sued, plead
and be impleaded, appear, prosecute and defend, in any
court of record or other place whatever ; may have and use
a common seal; may purchase and hold such real and
personal estate as may be necessary to effect the object
of their association ; and may take and hold real estate se-
curities, mortgaged or pledged for the payment of any debt
due or becoming due to said company ; and also to purchase
on sales made by virtue of any judgment or decree of any
court in favor of such company ; and may take and receive
Ileal estate. Tcal cstatc, in payment or in part satisfaction of any debt
previously contracted or due ; but the value of such real
estate shall not at an 3' one time exceed ten thousand dollars;
and all such real estate, other than that retained for the
transaction of its business, shall be sold and converted into
money as soon as the same can be done advantageously :
Provided^ this comj)any shall be required to ofi'er said real
estate once in every year, at public auction, to the highest
bidder ; and said companj may make, establish and put into
execution such by-laws, ordinances and resolutions, not
being contrary to the laws of this state or of the United
States, as may seem necessary and convenient for their regu-
lation and government and for the management of their
affairs ; and do and execute all such acts and things as may
be necessary to carry into full effect the purposes intended
by the charter.
Members of the § '■^- -^^^ ^^cl cvcry pcrsou who shall at any time become
company. interested in said company, by insuring therein, and also
their respective heirs, executors, administrators and assigns,
continuing to be insured therein, as hereinafter provided,
shall be deemed and taken as members thereof for and du-
ring the term specified in their respective policies, and no
longer, and shall at all times be concluded and bound by
the provisions of this act. ,
Property to be in- § ^- ^\ ^^^^^^, ^^ ^'^wful for the compauy to insure any
sured. property situate in the counties of Will, Cook and Kankakee,
in the state of Illinois, and the county of Lake, in the state
of Indiana, but no other. The home office of this company
shall be in the village of Crete, in Will county, Illinois.
Meeting for eieo- § ^- Tlicrc sliall bc a meeting of said company, within
tionofdirectorr, gj^ moutlis from the ])assage of this act, in the village of
Crete, in the town of Crete, in the county of Will, on such
a day and at such an hour as may be a])pointed by the indi-
viduals named in the first sectiiin of this cliarter ; a notice
of which appointment is to be published for three successive
weeks in two weekly newspapers having a general circula-
tion in the aforesaid counties, and annually thereafter on
such day and at such place as the said company may here-
after determine ; at which said annual meeting or meetings
INSURANCE COMPANIES. . 355
shall be chosen, by a major vote of the members present, a
board of directors, consisting of not less than three nor more
than nine members, who shall continue in oiiice until the
next annual meeting and until others shall have been chosen
and have accepted the trust in their place. In all vacancies
happening in said board, whether by removing out of the
limits of the company, dying, or refusing or neglecting to
act, for the space of three months, successively, then and in
every such case another director shall be chosen in the place of
each director so dying, removing, refusing or neglecting to act,
as aforesaid, by the majority of the directors present, at any
monthly meeting ; which director, so chosen, shall remain
in office until the next general election of directors; and a
majority of the whole board shall constitute a quorum for
the transaction of business. Special meetings of the com-
pany may be called, by order of the directors, whenever the
owners of one-twentieth part of the property insured in said
company shall apply, in writing, to the directors, setting
forth the purposes for which a meeting is desired.
§ 5. The board of directors shall superintend the con- outiesof the di-
cerns of said company, and shall have the management of
the funds and j^i'operty thereof, and of all matters and
things not otherwise provided for by said company. They
shall elect a president, and shall have power, from time to
time, to appoint a secretary, (who may be one of the direc-
tors,) a treasurer, and such other officers, agents and assist-
ants as to them may seem necessary. They may determine
the rates vf insurance, the sum to be insured on any build-
ing, not exceeding two-thirds of its value nor one-half of the
value of personal estate, and the sum to be deposited for
the insurance thereof. They may order and direct the
making and issuing of all policies of insurances, j)roviding
of books, stationery and other things needful for the office
of said company, and for carrying on the affairs thereof;
and may draw upon the treasurer for the payment of all
losses which may have happened, for expenses incurred in
transacting the concerns of said company, and for all other
purposes authorized by this charter. They may hold their
meetings monthly, and oftener if necessary, for transacting
the business of the company, and shall keep or cause to be
kept a true record of their proceedings, of all the votes of ^«««J'<J8.
the corporation and of the directors, and of all policies of
insurance issued by the company, and of all assignments of
such j^olicies assented to by them ; which record shall be
open to the inspection of any person interested therein.
§ 6. Books of account, written securities or evidences of
indebtedness, title deeds, manuscripts or writings of any
description, money or bullion, shall not be deemed or taken
to be objects of insurance in said company. Curiosities,
jewels, medals, musical instruments, plate, paintings, sculp-
ture, statuary, watches, gold or silverware, of any kind.
356
Fund for expe
sef and losses.
Lonn of funds.
Paj-raent of loss'
INSUEANCE COMPANIES.
shall not be deemed to be included in any policy of insur-
ance, unless those articles or any of them form part of the
usual and regular stock in trade of the assured or are par-
ticularly specified in the policy. Buildings and any other
property, of any kind, "svhich may hereafter be excluded by
said company, at any annual meeting, shall never be deemed
insurable by the directors of said company, nor auy policy
issued therefor.
§ 7. Every person who shall become a member of said
company, by effecting insurance therein, shall, before he
receives his policy, deposit his promissory note for such
sum or sums of money as shall be determined by rhe direct-
ors or company, a part of which note, not less than five per
cent, thereof, shall be immediately paid for the purpose of
discharging the incidental expenses of the institution and
creating a fund for the payment of future losses ; and the
remainder of said deposit note shall be payable, in part or
in whole, at any time, when the directors shall deem the
same requisite, for the payment of losses and other expenses,
or for the purpose of creating a new fund, the old fund or
funds having become exhausted or insufiicient, by the pay-
ment of losses or expenses ; and at the expiration of insu-
rance the said note or such part thereof as shall remain
unpaid, after deducting all losses and expenses accruing
during said term, shall be relinquished and given up to the
signer thereof; and every member of said company shall,
at the expii-ation of his policy, have the right to a share of
the funds then remaining, after all expenses and losses then
incurred shall have been deducted, in proportion to the
sums by him actually paid on account of such policy: Fro-
vided, the directors of said company may fix the amount
that each party at the time of insuring; and any party ai)ply-
ing for insurance against loss or damage by fire or Mnnd, so
electing, may pay a definite sum of money, in full, for said
insurance, in lieu of a premium note.
§ 8. The funds of said company, created by the payment
of the premium on the deposit of notes, or otherwise, may
be loaned on security or invested in stocks, as the company
or directors may order, except so far as the same may be
necessary for the payment of the current expenses of the
company.
§ 9. Every member of said company shall be and is
hereby bound to pay his portion of all losses and expenses
happening or accruing in and to said company, during the
time that he is a member thereof; and all buildings insured
by and with said company, together with the right, title and
interest of the assured to the lands on which they stand or
upon which they are situated, shall be pledged to said com-
]iany ; and the said comi)any shall have a lien thereon, for
securing the payment of such sums as may be assessed on
the deposit notes for the purposes authorized by this char-
1
INSURANCE COMPANIES. uOi
ter ; and such lands or so much thereof as may be sufficient
to pay such assessments on the deposit notes, together with
the costs of suit, may be sokl on any execution issued out of
a court of record, under a judgment recovered by said com-
pany, on account of the nonpayment of such assessment,
any law exempting homesteads from execution or any other
law to the contrary notwithstanding,
§ 10. In cases of any loss or damage by lire or wind ^J^'Ifj^g^ j|^*^':
happening to any member upon property insured in and ges.
with said company the said member shall give notice there-
of, in writing, to the directors or some one of them, or to
the secretary, within thirty days from the time such loss or
damage may have happened ; and the directors, upon a
view of the same, or in such other wslj as they may deem
projDer, shall ascertain and determine the amount of said
loss or damage ; and if the party suffering is not satisfied
with the determination of the directors, the question may be
submitted to referees, or the said party may bring an action
against said company, in any court of that county in which
the loss or damage happened, or in any competent court
whatever ; and if, upon trial of said action, a greater sum
shall be recovered than the amount determined upon by the
directors, the party suffering shall have judgment therefor
against said company, with interest thereon from the time
said loss or damage happened and costs of suit ; but if no
more shall be recovered than the amount aforesaid the said
party shall become nonsuit and the said company shall
recover their costs: Provided, hotcever, that the judgment
last mentioned shall in no wise affect the claim of said suf-
fering to the amount of loss or damage, as determined by
the directors, as aforesaid : And, provided, also, that execu-
tion shall not issue on any judgment against said company
until after the expiration of three months from the rendition
thereof.
§ 11. The directors shall, after receiving notice of any Additional asses?-
loss or damage by fire or wind, sustained by any member, notel'^'^ ^^°''^^
and ascertaining the same, or after the rendition of any
judgment, as aforesaid, against said company, for such loss
or damage, pay the amount of such loss or damage out of
the accumulated funds of the company ; but if such funds
shall be found insufficient to pay such loss or damage then
they shall make an assessment on the deposit notes, for the
purpose of paying said loss or damage and creating a new
fund for the payment of future losses, after the old fund has
become exhausted or insufficient, and they shall publish the
said assessment in sucli manner as they shall see fit, or as
the by-laws may have prescribed ; and the sum to be paid
by each member shall always be in proportion to the origi-
nal amount of his premium note or notes, and shall be paid
to the treasurer within thirty days next after the publication
of such notice: Provided, that before the directors shall
358 INSTJEANCE COMPANIES.
make any assessment on the premium notes, for the purpose
of creating a new fund, as aforesaid, the president and a
majority of said directors sliall make a statement, verified
by their oath, exliibiting the amount and nature of the losses
sustained, of casli means, available funds and premium
notes on hand, and the gross amount of the assessment pro-
posed to be levied.
Partial payments § 12. If it sliall evcr SO happen that the whole amount
on account of Qf ^j^g accumulatcd funds and of the deposit notes should be
losses. . ,., . . T 1 .11
msutncient to pay the loss occasioned by any one lire or
storm of wind, in such case the sufferers insured by said
company shall receive, towards making good their respec-
tive losses, a proportionate dividend of the whole amount of
said accumulated funds and of deposit notes, according to
the sums by them respectively insured, and, in addition
thereto, a sum, to be assessed by the directors on all the
members of said company, not exceeding fifty cents on
every one hundred dollars by them respectively insured;
and the said directors shall publish such assessment in such
manner as they shall see fit, or as the by-laws may prescribe ;
and no member of said company shall ever be required to
pay for any loss occasioned by fire or wind, at anyone time,
more than fifty cents on each one hundred dollars insured in
said company in addition to the amount of his deposit note,
nor more than the said amount of fifty cents on each one
hundred dollars insured, for any one loss, after his said note
shall have been paid in and expended ; but an}^ member,
upon payment of the whole of his deposit note and surren-
dering his policy before any subsequent loss or expense has
occurred, may be discharged said company.
Mode of eoiiect- § 13. If auy member shall, for the space of thirty days
ing assessments, g^ff^gj. noticc of an assessmcut has been given, as mentioned
in the two last foregoing sections, neglect or refuse to pay
the sum assessed upon him, the treasurer shall himself or
by his agent demand payment thereof from the assured or
his legal representative, if residing or being M'ithin the lim-
its of said corporation, or from any tenant in possession of
the insured premises, setting forth, in writing, the sum so
assessed by the directors ; and after such demand by the
treasurer or his agent having been made the directors may
sue for and ecover the whole amount of his promissory
note, with costs of suit, and levy any execution issued on
such action upon the estate subject to him, as aforesaid; and
the money thus collected shall remain in the treasurj' of
said company, subject to the payment of such losses and
expenses as have or may thereafter accrue, and the balance,
if any remain, shall be returned to the party from whom it
was collected on demand, after thirty days from the expira-
tion of the term for which insurance was made ; and from
and after such , neglect or refusal to pay any of the assess-
ments duly ordered by the directors of the company, as
INSURANCE COMPANIES. 359
aforesaid, notice by them having been given, and demand
by the treasurer or his agent having been made, as afore-
said, the party so in default shall be debarred and excluded
from and lose all benelit and advantage of his insurance,
for and during the term of such default or nonpayment, and,
notwithstanding, shall be liable and obliged to pay all as-
sessments that shall be made during the continuance of his
policy of insurance.
§ 14:.. Said company may make insurance for any term, Tuie to property
not exceeding ten years; and any policy of insurance issued
by said company, signed by the president and countersigned
by the secretary, shall be deemed valid and binding on said
company, in all cases where the assured has a title, in fee
simple, unincumbered, to the building or buildings insured
and to the land on which the same stand or has the absolute
unqualided ownership of the other property insured ; but
if the assured have a less estate therein, or if the premises be
incumbered, the policy shall be void, unless the true title of
the insured and the incumbrances on the premises be ex-
pressed therein.
§ 15. In all cases where real estate on which any build- Assignments of
ing insured b}' this comj^any stand or any other property p°'"='^^-
insured by this company shall become incumbered by mort-
gage or alienated by sale, by change in partnership or other-
wise, the policies issued thereon shall be void and shall be
surrendered to said company, to be canceled; and said
company shall not be liable for any loss or damages which
may happen to any property after such incumbrance or
alienation as aforesaid, unless the policies issued thereon
shall have been duly assigned or confirmed by the consent
of the directors to the actual owner or owners thereof or
the consent of the directors to the mortgaging or incumber-
ing said property shall have been obtained previous to such
loss or damage ; and no policy issued by said company shall
be deemed to have been duly assigned or confirmed, unless
the consent of the directors to such assignment, confirma-
tion, incumbrance or mortgage is certified on such policy by
the secretary of said company. And in case any policy
issued by this company shall be avoided by the incumbrance
or alienation of the property insured thereby, or of any
real estate, as aforesaid, the insured shall, upon the surren-
der of his policy, be entitled to receive his deposit note or
the amount thereof, if previously collected, upon the pay-
ment of his proportion of all losses and expenses that have
occurred prior to such surrender: Provided, hoioever, that
the grantee or alienee of the property insured, having the
policy assigned to him, may have the same ratified and con-
firmed to him, for his own use and benefit, upon application
to the directors, and with their consent, within thirty days
next after such alienation, on giving proper security, to the
satisfaction of the said directors, for such portion of the
30:)
INSURANCE COMPANIES.
AlteiMti.m
buildings
sured.
Retainiii? of pre-
certain cases.
deposit note as shall not have been expended in the pay-
ment of losses and exj^enses; and by such ratification and
confirmation the party eausinc; the same shall be entitled to
all the rights and privileges and be subject to all the liabili-
ties to which the original insnred was entitled and subjected
under this act.
§ 16. If any alteration should be made in any house or
- building, by the proprietor thereof, after the insurance has
been made thereon with said company, whereby it may be
exposed to greater risk or hazard from fire or wind than it
was at the time it was insured, then and in every such case
the insurance made upon such house or building shall be
void, unless an additional premium and deposit, after such
alteration, be settled with and paid to the directors ; but no
alterations or rejDairs in buildings, not increasing such risk
or hazard, shall in anywise aftect the insurance previously
made thereon.
17. In case any building or buildings or any other
mium note8"in property iusurcd by said company shall be destroyed by
tire or wmrl and the owner or owners thereot receive the
amount of such loss, in such case tlie directors may retain
the amount of the premium note given for the insurance
thereof until the time for which insurance was made shall
have expired, unless the buildings or other property, so
destroyed, be rebuilt or replaced and a new policy of insu-
rance be issued by this company on the property so rebuilt'
or rephiced, and a new deposit note be given and premium
paid thereon ; but from and after the issuing of such new
policy the amount of the premium note, so retained as
aforesaid, or so much thereof as shall not have been expen-
ded towards the payment of losses and expenses, shall be
returned.
§ 18. If any insurance on any building or other property
shall be and sulisistin said company, and in any other office or
from and by any other persons, at the same time, the insu-
rance made in and by said company shall be deemed and
become void, unless such double insurance subsist by and with
the consent of the directors, signified in writing, indorsed
on the policy, signed by the president and secretary.
§ 19. The directors shall settle and paj^ all losses within
three months after they shall have been notified, as afore-
said; and if the accumulated funds of the company shall
not he sutficient to pay such losses they shall be authorized
to borrow such sum or sums of money as may ho sufiicient
to pay the same. All the members sustaining loss or dam-
age, by fire or wind shall be allowed interest thereon from
the time due notice of said loss has been given until payment
is made.
§ 20. In all suits, by or against said company, any mem-
ber of said company shall be a competent winess, except in
Time of adjusting
losses.
Witnesses
suits.
INSURANCE COMPANIES. 361
suits in wliicli lie or she shall be directly a partj, ])roviclecl
that such person shall not be otherwise disqualiiied.
§ 21. The records of said company, or copies thereof
duly authenticated by the signatures of the president and
secretary, shall be competent evidence in any suit between
the corporation and a member or members thereof.
§ 22, Whenever sufficient goods or estate of this corpo- ■T'^igment an.i
ration cannot be found to satisfy an execution issued against
them, upon a judgment recovered on a policy by them made,
and the said corporation have goods or estate to satisfy such
execution, or if the directors shall, for three months after
the rendition of such judgment, refuse or neglect to make
such an assessment as they may be authorized to make
therefor, and to deliver the same to the treasurer for collec-
tion, or fail to apply such assessment, when collected, towards
satisfj'ing such execution, then in either of the cases afore-
said the directors shall be jDersonally liable for the whole
amount of said execution.
§ 23. Whenever. the directors shall be liable by the pro-
visions of the previous section the judgment creditor or
claimant may recover the same, in an action at law, in courts
having jurisdiction; and any director who shall voluntary
or by compulsion pay such judgment or claim shall have an
action at law for a contribution against any other director
for his due proportion thereof.
S M. Whenever the treasurer of the companv shall Treasuvei-'s duty
<-> , • 1 • ^ '' T t and liability.
neglect or retuse to collect any assessment in his hands for
that purpose and to apply the proceeds thereof to the claim
for wljich such assessment was made, he shall, in his private
capacity, be liable to the complainant for the whole amount
of his claim.
§ 25. The company hereby created shall not be concerned
in any other business, except the insurance of property
against loss or damage by fire or wind, the loaning out and
securing the accumulated funds of the company and invest-
ing the same in stocks, but shall not exercise any banking
privileges whatever.
§ 26. Each member of the company shall be entitled to ^^.f"j.°^''°'] °^
and allowed an examination of the books, papers and counts.
general transactions of said company, upon application
thereof lo the secretary.
§ 27. The individuals named in the first section of this ^reftor°"'''^ °^ '^'"
act shall be and they are hereby constituted a board of
directors for said company, to serve as such until the first
annual election of directors therein provided for. They
shall have power to make up their number to nine, if tliey
think tit, as allowed in the fourth section of this act, from
among the members of said company; and all vacancies
which may occur in said board, by death, resignation, remo-
val or refusal to serve, may be filled by the remaining mem-
bers of said board ; and a majority 0/ their members, at
362 INSURANCE COMPANIES.
any time, shall constitute a qiionim for the transaction of
business. They may call the llrst meeting of the company,
as provided by section four, and make and establish by-laws
for the government of said company, until the first meeting
thereof; and may transact any business necessary and pro-
per to carry into eii'ect the provisions and intentions of this
act: Provided, hoicever, that all policies of insurance issued
by this company shall be valid and binding onl}^ from the
time when the amount of all the sums thereby insured
shall reach the sum of fifteen thousand dollars.
Directors' annual § 28. It shall bc tlic duty of the dircctors to make an
report. aunual report of the condition, progress and afi'airs of said
company ; which said report shall be published in a daily
paper published in the city of Chicago having general circu-
lation, and also in one weekly paper in each of the counties
specified in the third section of this act, provided there is
a weekly paper published in said county, at least 20 days
before the day on which the annual meetiiig of the company
is to take place.
§ 29. That no money or premium notes received for
insuring against loss or damage by fire shall be used or
assessed to pay losses or damages occasioned b}' wind; and
no money or premium notes received for insuring against
loss or damage by wind shall be used to pay losses or dam-
ages occasioned by fire.
§ 30. This act shall be deemed and taken to be a public
act, and shall take effect from and after its passage.
Approved February 20, 1861.
In force February AX ACT to incorporate the Cbicacro Mutual Life Insurance Comnanv.
'21, ls(31. I o 1 .
Section 1. Be it enacted hy the People of the State of
Illinois, rejyresented in the General Assemhly, That there
may be, and hereby authority is given, to establish, in the
city of Chicago, in said state, an insurance company, to be
Name and style, kuowu by tlic uamc aud stylc of "The Chicago Mutual Life
Insurance Comj^any," with a capital stock of not less than
one hundred thousand dollars, divided into shares of one
hundred dollars each, and which may bo increased to any
amount, by accumulation of funds received from premiums,
bonuses, interest or other income from the business of life
insurance, annuities, interest or endowments, which may be
deemed necessary by the directors for the safety and
security of the holders of its policies or ubliirations.
Books of subscrip- § 2. That E. T. Walkins, Thos. Church', John B. Tur-
"°"- ner, E. Peck, E. II. Iladduck, Frederick Tuttle, C. B. Far-
well and C. JSr. Holflen, or any four of them, are hereby
INSTJKANCE COMPANIES. 363
authorized to open books of subscription for the capital
stock of said company, in said city, at such time and place
as they may think proper, after giving five days' notice of
the same in either of the daily newspapers of said city.
Said books to be kept open ten days, or at least until one
hundred thousand dollars has been subscribed, when the
books may be closed; and, after giving three days' notice,
the persons who may have become subscribers to the afore-
said stock may meet and elect ten directors, from the said
subscribers; which directors may elect, from their own num-
ber, a president, vice president and treasurer, and appoint a officers of the
secretary and other officers, from such as are or are not
stockholders; and the said directors, president, vice j^resi-
dent and'treasurer shall hold said offices one year and until
their successors are elected.
§ 3. The subscribers to the said stock, their associates, corporate pow-
successors and assigns, shall be and they are hereby declared *'*"
a body politic and corporate, by the name and style of "The
Chicago Mutual Life Insurance Company;" and by that
name shall be capable, in law, of contracting and being
contracted with, suing and being sued, pleading and being
impleaded, answering and being answered unto, defending
and being defended against, in courts and all places whatso-
ever, in all manner of actions, suits, complaints and causes.
§ 4. The said corporation may have and use a common
seal, which they may change at pleasure; and the directors
may make, establish and ordain such by-laws, rates and
tables of premiums and annuities, ordinances and regulations,
as shall, in their opinion, be necessary for the good govern-
ment and management of the affairs of said company, and
which are not repugnant to the laws and constitution of this
state or of the United States.
§ 5, The corporation hereby created shall have full power insurance oniife.
and authority to take risks and make insurance with any
person or persons upon their life or lives or upon the life of
any person, for the benefit of any other person having any
pecuniary interest in the insured person's life, as creditor,
guarantee, or interest by marital relation ; to grant, sell or
make and contract for annuities or endowments ; and to do
all other acts and things necessary and incidental to the
transaction of a lite insurance and annuity business ; and to
loan their surplus or unemployed capital or money, on per-
sonal [or] real estate, state and United States bonds, and
other securities, at such rates of interest as the said directors
may agree, not exceeding the rate at the time that may be
allowed by law to individuals, payable annually, semi-annu-
ally, quarterly, or in advance; they may also cause them-
selves to be reinsured against loss upon any or all of their
risks, and also to insure their own property or their interest
in any property against loss by fire.
36-4 INSURANCE COMl^ANIES.
insuvance for § C). It sliall be lawful foi' an}' married woman, l)v her-
benefit of mar- i f> i • i • <.! ±- ^i • i "
Tied women. Sell and in her name, or m the name oi any third person,
with his consent, as her trustee, to cause to be insured, for
her sole use, the Hfe of her husband, for any period or for
the term of his life, when the premium so paid does not
exceed five hundred dollars per annum; which may be paid
by or from the estate or funds of her said husband, or a"
policy, in his name, and by him obtained, may be made
payaljle to his wife, or to her and her children, or to either ;
and, in case of her surviving her husband, the sum or net
amount of the insurance becoming due and payable by the
terms of the insurance shall be payable to her, to and for her
own use, free from the claims of the representatives of the
husband or of any of his creditors, other than this corpora-
tion. In case of the death of the wife before the decease
of her husband the amount of the said insurance may be
made payable, after such death, to her children, for their
use, and to their guardian, if under age.
Payment of sub- § T. The pajuncut of the stock subscribed for shall be
stock''°"^ *° made by the subscribers, respectively, at the time and in the
manner following, that is to say: At the time of subscribing
there shall be i:>aid on each share subscribed three dollars in
cash, and the balance due on each share shall be subject to
the call of the directors; and the said directors shall call in
and receive and invest in bonds and mortgages on real estate
in the city of Chicago, which real estate shall be worth at
least one-third in cash more than it is mortgaged ibr, or in
state or United States stocks, or in the bonds of the city of
Chicago, at least fifty thousand dollars of said capital stock,
before they shall take any risk on life or otherwise, or shall
issue any policy of insurance; but when the said sum of
fifty thousand dollars is so called in and invested and at least
fifty thousand dollars, in addition thereto, shall be secured to
the satisfaction of the board of directors, making one hun-
dred thousand dollars of secured capital, then they may
exercise all the powers, rights and privileges herein granted,
at their discretion, as a corporation.
Duties of the di- § 8. All tlic corporatc powers of said corporation shall
rectors ^^ cxerciscd, performed and conducted by the board of
directors aforesaid, who shall be elected by the stockholders,
annually, on the first Tuesday of January in each year after
they may first elect directors, at such ])lace and hour as the
directors or corporation may fix, by due notice given to each
stockholder, left at his residence or jtlace of business, if he
reside in the city of Chicago, or by mail, if out of said city,
at least five days previous to such time of election. Said
board shall not be less than five ; and any vacancy w^hich
may happen may be filled by said board until the next
regular election. In all elections of directors each stock-
lioldcr shall be entitled to one vote for each share of stock
held by him, upon which all calls and dues are paid,[and he
INSURANCE COMPANIES. 365
may vote by himself or by proxy. If any election, from
any cause, shall not be held on the day before designated,
then some other day may be fixed by the directors for such
election; and any such want of an election shall not^work
any legal disaljility to said company. A majority of said
directors shall be a legal quorum for business.
§ 9. The stock of said corporation shall be considered '^g'io"^^''^ °^
personal property, and shall be assignable and transferable,
according to such rules and restrictions as the board of
directors may, from time to time, make and establish; but in
all cases of assignment or transfer of stock the person to
whom said stock may be assigned shall be required to give
the same kind of security for such unpaid stock as is hereby
required from the original subscribers.
§ 10. The said corj^oration may purchase, hold, sell and "'o/'reafesrate^'^
convey, at their pleasure, all such real estate as may be
deemed necessary for the transaction of their business, and
to take and hold any real estate, mortgaged or pledged as
security, and also to purchase and sell, by virtue of any judg-
ment or decree of a court of equity, or any trust deed or
power of sale, or otherwise, and to take and receive any
real estate or other property, in 23ayment or towards satis-
faction of any debt previously due to said corporation, and
to hold and sell the same.
§ 11. All policies or agreements for annuities or endow- PoUdes.
ments shall be signed by the president or vice j^resident and
attested by the secretary and i-egistered in the books of said
company and sealed by the corporate seal of said corpora-
tion; and the books of record of said company may be used
in court as competent evidence of any fact relating to any
contract, by-law or policy or risk assumed, when such con-
tract or policy cannot be produced.
§ 12. All losses shall be paid on or before the expiration
of ninety days after due proof of such loss, under the by-
laws of the company, at Chicago, Illinois.
§ 13. In case of any loss or losses, Mdiereby the capital ^<'^^«^-
stock of said company may be lessened, before all the sub-
scribed amounts are paid in, each stockholder's estate shall
be held accountable for the installment 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 the stockholders, to make good said capital
stock, skill have been added thereto : Provided^ that the
stockholders shall not be individually liable beyond the ^^'^''^nt of stock-
amount of stock held by them, respectively, or the unpaid °''*^'^^ labiuty.
portion thereof.
§ 14. That whenever the net surplus receipts of the Dividends,
corporation, over their losses and expenses, and after provi-
ding for their assumed risks, shall be sufficient for the pur-
pose, the stockholders shall be entitled to a dividend, not
366 INSURANCE COMPANIES.
exceeding seven per cent., per annum ; and in cage of such
dividend" not being made in any one year it may be made
good in amount to' them at any subsequent period when the
net ^-esources of the company shall be sufficient for paying
the same. Said dividends may be made semi-annually.
Quinquenniaj di- § 15. At thc cxpiratiou of every period of five years,
yidenda. ^.^.^^^ ^j^^ ^j^^^^ ^^ ^^le Organization of the company, after
providing for risks, losses', Incidental expenses and dividends,
as aforesaid, the directors shall set apart at least seventy-
five per cent, of any and all net surplus funds and receipts,
formed by estimation, which shall be reimbursed to^ the
policy holders, in proportion as they have paid premiums
to said company during said term of five years, or any part
thereof, having been insured one year or more, except to
such as may have insured at a less than the regular rates of
premium, without the right and privilege of participating
in the profits of said corporation. The remaining twenty-
five per cent, may be divided among the stocklinklers, as
dividend extra, or retained as a surplus fund.
Place of business. § 16. Tlio busiucss shall bc Carried on at the city of
Chicago, at such place and by such agencies at other places
as the directors may direct.
§ 17. This charter shall be void and of no efi'ect unless the
Time for organ- o in • i i -uit:*-^ -.^../-^t-io
iziug. company shall organize under and agreeable to its pio\ih-
ions within two years after the passage of this act. This
act shall take eftect and be in force from and after its pas-
sage, and shall continue in force perpetually, but may be
amended or altered at the request of the directors by the
legislature of the state of Illinois.
Appkoved February 21, 1861. >
In force Ffi-ruary AX ACT to incorporate the Chicago Merchants' Insurance Company.
ibGl.
Section 1. Be it enacted hy the People of the Sfate of
Ulinois^ represented in the General Assembli/, That Francis
B. Coolev, Frederick Tuttle, James II. Woodworth, John V.
Farwell and kelson Tuttle, and their associates, successors
and assigns, be and hereby are created a body corporate,
and under the name and style of " The Chicago ]\Ierchants'
Insurance Company ;" and by that name shall have and en-
joy all the rights, privileges and immunities that other like
corporations have, and be recognized by all courts of law
and equity in this state, for the term of fifty years, from the
passage of this act.
§ 2. Capital Stock.— The capital stock of this company
shall be (100,000) one hundred thousand dollars, and may be
increased, from time to time, to five hundred thousand dollars,
at the discretion of the stockholders, and shall be divided
into shares of one hundred dollars each, which shall be con-
INSUEAJS'CE COMPANIES.
sidered personal property, and shall be assigned only on tlie
books of the company, under .the iides established by the
directors.
§ 3. Officers. — When there shall have been subscribed
to the stock of this company one hundred thousand dollars,
and the above incorporators and their associates shall have
organized by the election of five directors, and those direct-
ors shall have chosen from their number a president and ap-
pointed a secretary and treasurer, and fifty thousand dollars
shall luive been paid in upon said stock, it shall be deemed
fully organized, and shall enjoy all the powers herein con-
ferred.
§ PowEE OF CoEPORATiox. — Said corporation shall
have power to make and execute all such by-laws and regu-
lations as the directors may deem proper for the government
of its affairs : Provided, they are not repugnant to the con-
stitution and laws of this state nor of the United States.
§ 5. Insueance. — This company shall have full power to
make insurance against loss by fire upon buildings and pro-
perty, of all kinds, and charge and receive such premiums
as may be agreed between the parties, either upon tlie mutual
or stock principal, or both, and to make marine insurance
upon cargoes, and on losses of all kinds, when their capital
shall have reached the sum of five hundred thousand dol-
dollars.
§ 6. Stockholders. — Each individual stockholder shall
be held liable for any and all losses and liabilities of the
company, to the amount of stock held by him and not actu-
ally paid in ; and in all cases of losses, exceeding the means
of the corporation, such liabilities to be paid, _^rc' ratio, by
each stockholder, according to the amount of unpaid stock
held by him.
§ Y. The affairs of said .company shall be managed by
three or more directors, who shall be stockhoklers of said
company. They shall, after the first year, be elected annu-
ally, on the first Monday in January, of each year^ and shall
hold their office until their successors are elected and quali-
fied. Ten days' notice, by public advertisement or personal
notice, shall be given of said election, each share being al-
lowed one vote, either in person or by proxy. In case of
death or resignation of any officer the vacancy may be filled
by the board of directors, due notice having been given, as
in the case of an annual election.
This act shall be and is hereby declared a public act, and
the same shall be construed liberally, for the purpose herein
granted, and shall take effect and be in force from and after
its passage.
Approved February 22, 1861.
358 INSURAXCE COMPANIES.
Tn force February AN ACT amcudatory of the "Act to incorporate the Chicago Marine and Fire
■21, 1S61. Insurance Company.
Section 1. Be it enacted hy the People of the State of
IlUnois, represented in the General Assembhj, That, here-
after, a majority of the directors of the Chicago Marine and
Fire 'insurance Company, shall constitute a quornm to do
business ; and the board of directors of said company shall
hereafter consist of such number as shall be determined up-
on, from time to time, by the stockholders of said company
present at any annual election.
§ 2. The president, secretary or treasurer of said compa-
""S^ni. depar^i- ny, whcu required by any person making a deposit inthe
™^"'- savings department of said company, issue certificates ot de-
posit for the same ; and all such sums of money as shall be
deposited in the savings department of said company shall
be held in trust for said depositors and shall not be mingled
with the general funds of said company, but shall be kept,
used and invested by said company, as a distinct fund, the
principal thereof, belonging, in equity, to such depositors,
respectively, and not to said company, so that in no event
shall such fund be jeopardized by the other transactions or
business of said company ; but said company sliall not, un-
der any pretense whateva-, issue a certificate of deposit for
any sum not actually deposited in said company.
§ 3. Besides the manner pointed out in the act to which
Rateofinterest. ^^.^ .J ^^_^ amendment, for the investing or loaning the funds
of said company, the said company may loan the same, at
the rate of interest now or hereafter allowed to other per-
sons or corporations in this state upon any commercial pa-
per, whether payable in this state, or in any other state,
kin'o-dom or country, and may invest the same in or loan the
sanie upon the stock of any incorporated compauy,^ or de-
posit any portion thereof with any corporation or Individ vals
it may think proper, and use the same in such manner as
may seem most for the interest of said company in facilita-
tino- exchanges, and do and perform all such acts and things
as may be requisite in all such transactions and for thebest
interests of said company. Said company may also issue
letters of credit and circular letters to travelers.
§ 4. The charter of said company shall be so construed
''Sner''°" '" as to authorize said company to exercise all the powers of a
loan and trust company, or such as are usually exercised by
such com])anies, and all powers conferred upon any other
loan or trust company in this state, and to grant, purchase
and sell annuities, arid to do all kinds of insurance, and to
reimburse themselves against all risks they may have in-
sured against ; and all losses sustained by said company
may bo^adpisted and settled, and its business conducted in
such manner and by such persons as the board of directors
may, from time to time, direct.
INSUEAJ^CE COMPANIES. 369
§ 5. The board of directors of said company is hereby ^"autock"^ ''^'^''
authorized to increase the capital stock of said company,
from time to time, as they shall see fit, and to issue certiti-
cates of stock therefor to the persons or corporations to
whom they may assign the same ; but upon all such increase
of capital the cash shall be paid in, in full, before any cer-
tificates of stock shall be issued therefor : Promded^ that
nothing in this section contained shall prevent the actual
profits of said company being divided in stock in case the
directors shall vote to increase the capital.
§ 6. The time limited for the expiration of the corporate ^g],*^°g°' °'
powers of said company, as now fixed by law, is hereby ex-
tended for thirty years, from the time so fixed or limited ;
and said corporation shall have existence and succession, so
long as may be necessary, after the expiration of its charter,
to wind up its aifairs, collect its debts, and divide its assets,
and for such purposes only, not exceeding three years.
§ 7. The capital stock of said company is personal pro- Taxes on itoct
perty, for the value of which, except so much or such parts
thereof as is or may be invested in other stock or property
which is taxed, said company and not its stockholders shall
be taxed. Said capital stock shall be divided into shares of starei.
fifty dollars each, and shall be assignable upon the books of
said company, at its oflice, in Chicago, but not elsewhere ;
but no assignment of stock shall be valid, as against said
company, without the consent of the directors thereof, so
long as the assignor shall be indebted or liable to said com-
pany. And said company shall have a lein upon the stock
owned by or standing in the name of any person or corpora-
tion indebted or liable to said company to the extent of such
indebtedness or liability.
§ 8. Sections eighteen (18) and twenty-four, (24,) of the
act to which this is amendatory, are hereby repealed ; and
said company is hereby authorized to change its name, by
resolution, to be adopted by said board of directors, to that of
"The Marine Company of Chicago;" and by that name
shall be liable, to the same extent and in the same manner,
to all persons, for the acts and liabilities of said company un-
der its original name as though its name had not been
changed.
§ 9. All power and authority in relation to interest for interest on loans,
loans made by this company in any act heretofore passed
in relation thereto, inconsistent with the provisions of this
act, in relation to the rate of interest, is hereby repealed, so
far as relates to future contracts.
§ 10. The stockholders in this corporation shall, as to all iptii^duai UabU-
funds deposited as savings and in trust with said corpora- ' ^'
tion, while they are stockholders, be individually liable to
the extent of their stock, and shall so continue for six
months after transfer of the same notwithstanding such
transfer.
I —32
370 INSURANCE COMPANIES.
§ 11. JNothino; in this act contained or in tlie original
charter of the said company shall authorize it to issue notes,
in the similitude of bank notes, to be issued as a circulating
medium, in lieu of money.
§ 12. This act shall take effect and be in force as soon as
the same shall be accepted by the majority of the directors
of said company, at any meeting of said directors, and not
before.
Approved February 21, 1861.
In foi-ce February AN ACT to incorporate the Equitable Fire Insurance Company.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That tiiere
shall be and hereby is established in the city of Chicago in
said state, an insurance company, to be known by the name
Name. and stylc of "The Equitable Insurance Company," with a
capital stock of two hundred thousand dollars, divided into
shares of one hundred dollars each ; which may be increas-
ed, at the will of the directors, to any amount, not exceed-
ing one million dollars, to be subscribed and paid for in the
manner hereinafter specified.
Books for sub- § 2. That Elisha S. Wadsworth, Cahnn C, Parks, Amzi
gcripiion. Benedict, John V. Farwell, Franklin D. Gray, Charles L.
Harmon, Wilham H. Brown, Lawren P. Hilliard, and C.
N. Ilolden, of said city, or any five of them, are hereby au-
thorized to open books of subscription for the capital stock
of said company in said city, at such time and place as they
shall think proper, after giving ten days' notice of the same
in either of the daily newspapers of said city. Said books
to be kept open for the space of fifteen days, and until at
least two hundred thousand dollars shall be subscribed.
When the said amount shall have been subscribed, the said
books shall be closed, and the subscribers may, after five
days' notice being given by said conmiissioners, in man-
ner aforesaid, meet, and under the inspection of said
commissioners, choose their directors, who may at any time,
after ten days' public notice given, cause the subscription
books to be reopened and continue open until the whole or
any less amount of said stock shall have been taken.
Corporate name ^ 3. The subscHbers of Said stock, their associates, suc-
and powers. ccssors and assigns, shall be and they are hereby declared a
})ody politic and corporate, by the name and style of "The
Equitable Fire Insurance Company," and by that name
shall be capable in law, of contracting and l)eing contrax'ted
with, suing and being sued, })leading and being impleaded,
answering and being answered unto, defending and being
INSUEANCE COMPANIES. 371
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
seal, which they may alter or change at j^leasure, and the
directors may make, establish and ordain such by-laws, or-
dinances and regulations, as shall, in their opinion, be neces-
sary for the oood government and management of the affairs
of said company, and which are not repugnant to the laws
and constitution of this state or of the United States.
§ 5. The said corporation shall have full power and au- P^i*!" and insu-
thority to take risks and make insurance on vessels and all
property laden on board thereof, upon houses and other
buiklings and the furniture and of the goods therein, and
upon all other legal subjects of insurance, and to do all other
acts and things necessary and incident to the transaction of
a marine and lire insurance business, and to loan their sur-
plus or unemployed capital or money, or personal, real or
other securities, at such rates of interest as may be done un-
der the existing laws of this state, or invest the same in
stocks. They may also, cause themselves to be insured or
reinsured against all or any risks upon which they may have
been insured, and also, upon all property of every kind, or
any interest therein, owned or held !)y them, as security or
otherwise.
§ 6. The payment of the stock subscribed for, shall be Payment of stock
made by the subscribers respectively at the time and in the ^"'^^°'"''"'°'^^-
manner following, that is to say : At the time of subscribing,
there shall be paid on each share, five dollars, and the bal-
ance due on each share shall be snbject to the call of the
directors under such penalties as the board of directors may
appoint or order, and shall be secured to be paid on demand,
or otherwise, as the said directors shall direct, by approved
'notes, hypothecated stocks, mortgages on real estate, or
other satisfactory security. The corporation created by this
law shall not commence business nnder this law, until at
least forty thousand dollars shall have been actually paid in
on the stock subscribed, and the residue of said subscriptions
secured as above provided.
§ 1. All the corporate powers of said company shall be Election of airec-
exercised, performed and conducted by a board of directors, '°'^"
consisting of nine persons, who shall be stockholders of said
corporation, and citizens of said city. They shall, after the
first year, be elected on the first Tuesday of March in each
year, at such time and place in said city, as the board of di-
rectors for the time being shall aj^point, and shall hold their
offices for one year and imtil others shall be chosen to sup-
ply their places. Ten days' public notice of said election
shall be previously given, and the election shall be held un-
der the inspection of three stockholders, to be appointed by
the meeting for that purpose, and shall be made by ballot,
by plurality of the stock represented, allowing one vote for
373 INSURANCE COMPANIES.
every share ; and stockholders not personally present, may
vote by proxy in writing, directed to the person representing
them at each election. In case that it shall happen at any
time that an election shall not be made on the day wlien, pur-
suant to this act, it ought to have been made, the said corpora-
tion shall not, 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 regula-
ted by the by-laws and ordinances of said company,
oncers § 8. The directors of said company shall, as soon as
may be, after their election, in each year, elect from their
own body a president and vice president, who shall each,
respectively, hold office during the aforesaid time, and until
others are elected ; and in case of the death or resignation
of the president, vice president or any director, the vacancy
may be filled by the board of directors. In case of the ab-
sence of the president, the vice president, and in case of his
absence, a president ^iw tem.^ appointed by the board, shall
have all the power and perform all the duties of the presi-
dent regularly chosen.
Regulations to be § 9- Tho dlroctors may, by the ordinances or by-laws
made by the di- of g^id couipauy. Order what number of directors shall con-
stitute a board or quorum and be competent for the transac-
tion of the business of the corporation ; and they shall have
power, subject to said by-laws, to appoint from their own
"body one or more persons to act and assist in the performance
of the business of the company, with such salaries and al-
lowances as they may think proper, and also to appoint a
secretary and such clerks and other servants as they may
deem expedient. They shall have power to declare and
make dividends of the profits arising from the business of
said corporation. But all contracts, certificates, and other'
instruments in writing, of said company, shall be signed by
the president, or in his absence from the city, by the vice
president and secretary thereof, or either of them, as may
be provided by the by-laws of said company.
§ 10. The stock of said corporation shall be considered
personal property, and shall be assignable and transferable
according to such rules and restrictions as the board of di-
rectors shall, from time to time, make and establish,
parchftse and sale §11- The Said corporatiou may purchase, hold, sell and
of rsai estata. convoy, at their pleasure, all such real estate as may be
deemed necessary for the transaction of its business, not ex-
ceeding at any one time fifty thousand dollars, and to take
and hold any real estate, mortgaged or pledged as security
for the payment of any debts due or that may become due
to it ; and also, to purchase and sell, by virtue of any judg-
ment at law, or decree of a court of equity or any trust deed
or power of sale or otherwise, and to take and receive any
real estate or other property in payment or towards satis-
faction of any debt previously due to said corporation and
INSURANCE COMPANIES. 373
to, hold the same until they can conveniently sell and con-
vert the same into money or other property.
§ 13. The expenses incurred by the connnissioners in Expenses,
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 that purpose , and
the balance so received shall be paid over to the directors,
after they shall have been chosen.
§ 13. All policies of insurance of said company shall be roiuies.
subscribed by the president, or in case of his absence or
death, by the vice president or such other person as may be
authorized by the by-laws, and countersigned 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 per-
sons as the board of directors may appoint for such purpose.
§ 14. In case of any loss or losses, whereby the capital Losse*.
stock of said company may be lessened, before all the in-
stallments are paid in, each proprietor or stockholder's estate
shall be held accountable for the installments that may re-
main unpaid on his share or shares at the time of such loss
or losses taking place ; and no subsequent dividend shall be
made until the sum arising from the profits of the business,
or by advance of the stockholders to make good said capital
stock shall have been added thereto : JProvided, that the
stockholders shall not be individually liable beyond the
amount of stock held by them respectively.
§ 15. The business of the company shall be carried on at ?!»" "f busineBs
such place in said city of Chicago as the directors shall ap-
point, or at such places and by such agents, in this and other
states, as said company may from time to time appoint.
§ 16. This charter shall be void and of no elfect, unless Time of organ-
the company shall organize under it and agreeable to its '^"'^'
provisions within ten years after the passage of this act ;
and this act shall take effect and be in force from and after
its passage, and shall continue in force for the term of fifty
years, but may, at any time, be altered, amended or repealed
by the legislature of the state of Illinois ; and after the ex-
piration of the time for which the said corporation is created
it shall be lawfid to use the corporate name, style and ca-
pacity for the final settlement and liquidation of its afiairs
and accounts, in all cases, and for the sale and disposition
of its estate, real and personal.
Approved February 20, 1861.
or
INSUEANCE COMPANIES.
In force February AN" ACT to incorporate the Fort Dearborn Insurance Company of the City
^'''''''- of Chicago.
and powers.
Organization
company.
Section 1. Be it enacted ly the People of the State of
Illinois^ represented in the General Assembly^ That Van II.
Iliggins, Charles Y. Dyer, Fernando Jones, Sylvester Lind,
Charles Leib and George Manniere, and their assigns and
associates, be and are hereby created a body corporate and
Corporate name poKtic, Under the naniB and style of "The Fort Dearborn
Insurance Company," situated at the city of Chicago; and
by that name shall have and enjoy all the rights, privileges
and immunities that other like incorporations have, and be
recognized in all courts of law and equity in this state. The
privileges contained and conferred by this act shall continue
for twenty years and no longer.
§ 2. When the said parties and their associates shall
have subscribed one hundred thousand dollars, and shall
have paid in, as a company fund, fifty thousand dollars, and
organized, by choosing five directors, and those directors
shall have chosen one of their number president and appoint-
ed a secretary and treasurer, it shall be deemed fully organ-
ized, and enjoy the j)owers herein conferred.
§ 3. The said company shall have power to make insu-
rance and take risks on all kinds of property, both marine and
tire, and all such risks as any company have, and charge
and receive such premium therefor as may be agreed by and
between the parties, either upon mutual or stock principles,
or both.
§ 4, The company shall liave power to use, invest and
loan its surplus funds in or u])on stocks, bottomry and res-
pondentia, in or on bonds and mortgages on personal secu-
rity, at such rates as private persons may legally do by the
laws of this state, and may increase its capital stock to five
hundred thousand dollars.
§ 5. Said company may establish agencies and do all
acts not inconsistent with the constitution and laws of this
state and the constitution of the United States, necessary to
and for the full use and enjoyment and to carry out the full
objects of this bill.
§ 6. Every shareholder in the corporation hereby cre-
ated, shall be individually liable to the jextent of his unpaid
stock, for all debts created or made during the time he was
such shareholder and for six months after the transfer of his
shares, notwithstanding such transfer.
§ Y. This act shall be deemed a public act, and be liber-
ally construed for the purposes therein contained ; to take
etfect from and after its passage.
Approved February 20, 18(31.
Investment
funds.
Atrmcies.
Tn.livi(liiRllial)tli-
INSURANCE COMPANIES. 375
AN ACT to incorporate the Farmers' and Merchants' Insurance Company. In force Fdirunry
'■ -^ ti, ItsUl.
Section 1. J^e it enacted hy the People of the State of
lUinois^ represented in the General Assembly^ That Levi
0. Howell, Warren P. Cook, David E. Head, Coleman C.
Syinpson and W. ]N\ Cline, and all other persons who shall
hereafter become members of the corporation hereby crea-
ted, in the manner herein prescribed, shall be a body politic
and corporate, by the name and style of " The Farmers' C"'i'orate name
and Merchants' Insurance Company," for the purpose of ^" i^°^^"^-
insuring their farm buildings, dwelling houses, stores, shops
and other buildings, household furniture, merch;indise and
other personal property against loss or damage b}- lire ; and
by that name may contract and be contracted with, sue
and be sued, appear, prosecute and defend, in any court of
record or other court or place whatsoever; and may have and
use a common seal; may purchase and hold such real and
personal estate as may be necessary to eft'ect the object of
their association, and may sell and convey the same at
pleasure : Provided, such real estate shall not exceed one purchase and
hundred and sixty acres ; may make, establish and put in s;''*^ °f ''^^^^ *^
execution such by-laws, ordinances and resolutions, not
being contrary to the laws of this state or of the United
States, as may be necessary or convenient for their regula-
tion and government, and for the management of their
affairs ; and do and execute all such acts and things as may
be necessary to carry into full eli'ect the provisions of this
act.
§ 2. That all persons w^ho shall at any time be insured
in this company, and also their executors, administrators
and assigns, shall be members thereof, during the continu-
ance in force of their respective policies, and no longer, and
shall at all times be bound by the provisions of this act.
§ 3. The affairs of this company shall be managed by a Diiectora.
board of directors, to consist of not less than five nor more
than nine members, as may be regulated by the by-laws of
said company. The said directors shall be chosen by ballot,
from among the members of this company, and shall hold
their respective offices for one year, and until others are
chosen ; and a majority of the wdiole board shall constitute
a quorum for the transaction of business.
§ 4. The board of directors shall elect a president, vice- omcers.
president, secretary and general agent, who shall hold their
respective offices for two years, and until others are chosen
and have accepted the trust in their stead. The board of
directors may also appoint an executive committee, from
among their own members ; and such committee, when the
board is not in session, may exercise all the powers invested
in the company, except where the company has, by its by-
laws, otherwise provided. The board of directors may also
appoint examiners, agents, and such subordinate officers as ^geuts.
376
mSUKANCE COMPANIES.
First board of di
rectors.
Election of direc
tors.
they may deem necessary, who shall hold their offices dur-
ing the jDJeasure of the board.
§ 5. The board of directors shall determine the rates of
insurance, and deposit notes may be received from the
insured, which shall be paid at such time or times and in
such sum or sums as the directors shall require for losses
and expenses. Any person cr persons applying for insu-
rance in this company, so electing, may pay a definite sum
for said insurance, and in lieu of a deposit note.
§ 6. The persons named in the first section of this act
are hereby constituted a board of directors, to serve as such
until the first annual election of directors — notice of time
and place of which election shall be given in one of the
newspapers published in the city of Quincy, county of
Adams, state of Illinois, at least fifteen days immediately
preceding such election.
§ 7. The second and all other annual elections of direct-
ors shall be held on the first Wednesdaj^ of May, in each
year, at the office of the company, in the city of Quincy,
county of Adams, and state of Illinois — notice of which
shall be given in one of the newspapers published in the
city of Quincy, at least fifteen days iuunediately preceding
such election ; and such election shall be holden under the
inspection of two members, to be appointed previous to
every election by the board of directors ; and such election
shall be made by a plurality of votes of the members pres-
ent, or their proxies, allowing each member one vote for
every policy by him, her or them held and in force in this
company; and the board of directors are hereby authorized,
at any of their meetings, to provide a form for the appoint-
ment of proxies, and to specify the evidence that may be
required in the execution thereof. If it shall, at any time,
happen that the election of directors shall not be held or
made on the day when, pursuant to this act, it should have
been held or made, it shall be lawful, on any other day, to
liold and make an election of directors — notice of which
shall be given as herein prescribed ; and the company shall
have power to call special meetings for the elections of
directors and the transaction of other business, by giving
notice thereof as herein prescribed.
§ 8. The deposit notes, together with the cash premi-
ums received from the insured, shall constitute the capital
stock of this company ; and this company shall have a lien
on all buildings insured, including the right, title and inter-
est of the insured to the land, as against the insured, on
which said buildings are situated, for the payment of said
deposit notes.
Payment of loss- § 9. Tlic membcrs of this company are hereby bound
*^" and obliged to pay their proportion of all losses and expenses
happening or occurring in and to said company, during the
time for which their jjolicies were issued, to the amount of
Capital stocli.
INSUEANCE COMPA^SriES. 377
their deposit notes and easli premiums, and no more. The
cash premiums received by this company shall be applied
in payment of losses and expenses before any assessments
shall be made on the deposit notes.
§ 10. This company may make insurance for any term Mode of insuring,
nat exceeding live years ; but no policy of insurance shall
be binding on the company unless signed by the president
and secretary, and countersigned by the general agent. It
shall be lawful for this company to reinsure any risk or any
part of any risk on which they have made insurance ; and
it shall also be lawful for this company to cause themselves
to be insured against any risk or any part of any risk on
which they have made insurance.
§ 11. The business of this company shall be conducted Piax^e of business,
at such place in the city of Quincy, county of Adams, and
state of Illinois, as the directors of the company may
choose, and any other place, by agency or regular organiza-
tion, according to the provisions of this act ; but no policy
shall be issued until applications for insurance have been
received for at least fifty thousand dollars.
§ 12. Whenever any assessment shall have been made suits at law.
on any deposit note given to this company for any risk
taken bv this company, or as consideration for any policy
issued by this company, and an action is brought for the
recovery'^of such assessment, the, certificate of the secretary
of said company, under the seal thereof, specifying such
assessment, and the amount due said company^ on such
note or notes, shall be taken and received as 2>rima fade
evidence thereof in all courts or places whatsoever. Suits
at law may be maintained by this company against any of
its members, and suits may also be maintained by any
member against this company ; and in any suit against this
company any member shall be admitted as a competent
witness for and in behalf of this company.
§ 13. It shall be lawful for the secretary of this company secretary and de
to appoint a deputy, whose authority shall be specified in
his appointment, and approved by this company.
§ 14. The board of directors may invest and employ ^^^f™^"^' "f
the funds of this company in such way and manner as they
may judge that the interest and welfare of the company
require; but nothing contained in this act shall be so con-
strued as to authorize the said company to perform any
banking privileges, or to issue any certificates of deposits
to circulate as money or currency.
§ 15. The said company may divide applications for classes of nsks.
insurance into two or more classes, according to the degree
of hazard; and the deposit notes shall not, in such case,
be assessed for the payment of any loss, except in the class
to which they belong.
§ 16. Each and every member of said company shall
be entitled to and allowed an examination of the books and
—33
3 78 r^suEAiTCE companies.
general transactions of said company, nj^on application to
the secretary.
Annual report. § 17. It sliall be tlio dutj of the directors of said com-
pany to make an annual report of the condition, jirogress
and affairs of said company, a copy of which shall be fur-
nished to the general assembly of this state, at each session
of the same.
§ 18. The directors of this company shall have power
to declare annual dividends, payable out of the cash surplus
over and above all liabilities against the company for losses
and exj^enses.
§ 19. This act is hereby declared a public act, to take
effect from and after its passage, and continue fifty years,
and shall be liberally construed for every purpose herein
contained.
Approved February 22, 1861.
In force February AN ACT entitled an act to incorporate the Farmers' Tornado Insurance
2-. l^*il- Company.
Section 1. Be it enacted hj the People of the State a
Illinois, represented in the Genej-al Assemlly, That A. C
Gibson, W. B. Allen, William Eobertson, of tlie county of
Kane ; Andrew Findley, of AVill county ; Alexander Small,
Addison H. Albee, William JN". Davis, of Kendall county;
Hiram Bristol, of Du Page county, their associates and suc-
cessors, are hereby created and constituted a body politic,
by and under the name and style of "The Farmers' Torna-
Corporate name ,•' y ^ ii i i ,i . ,
and powers. do lusuraucc (Jompauy ;" and by that name may sue and
be sued, appear, prosecute and defend; may have a com-
mon seal, and alter and renew the same at pleasure ; may
purchase and hold such real and personal estate that may
be necessary to effect the object of said corporation, and
may sell and convey the same at pleasure : Provided, such
real estate shall not exceed one hundred and sixty acres ;
Real estate. ^^^^^^ make, establish and put in execution such Ijy-laws,
ordinances and resolutions, not being contrary to tlie laws
of this state or of the United States, as may be necessary or
convenient for their regulation and goverilmcnt and for the
management of their affairs ; and execute, do and perform
all such other acts and things as may be necessary to carry
into effect the provisions of this act, for the purpose of in-
suring their farm buildings, dwelling houses, household
furniture therein, out buildings and the projierty therein
contained, against loss or damage by tii-e, liglitning or tor-
nadoes. Said corporation to have its princi])al office at the
city of Aurora, in the county of Kane, state of Illinois, at
such place as the board of directors shall direct.
INSURANCE COIIPANIES. 370
§ 2. The officers of said company shall consist of a pre- officers of the
sident, vice president, secretary and treasurer, who shall be, '=°'°p*°^'-
ex officio^ members of the board of directors, and a board of
directors, to consist of the above named officers and not less
than one or more than five other members of the said com-
pany, who shall manage the affairs of said company, accord-
ing to this act and the by-laws, ordinances and resolutions
which they are hereby empowered to make. The number
of the board of directors shall be regulated by the by-laws
of said company. Said officers shall be elected, by ballot,
from among the members of said company, upon the first
Tuesday of May, in each year. Such election to be held at
said principal office of said company, at the city of Aurora,
at such hour of the day as the directors shall, for the time
being, appoint ; notice of which shall be given in one of the
newspapers puljlished in Kane county, at least twenty days
preceding such election. Such election shall be Iiolden
under the inspection of three members, to be appointed by
the board of directors ; and such election shall be made by a
plurality of votes of the members present, or their proxies,
allowing each member one vote for each policy by him, her
or them held and in force in such company. And the
board of directors are hereby authorized to provide a form
for the appointment of proxies and to specify the evidence
tliat may be required in regard to the execution thereof.
Said officers shall hold their respective offices for one year
and until others are elected ; and the said board of directors
shall have the power to fill all vacancies that may happen
in any of the said offices at any meeting of the same. A
majority of said board shall constitute a quorum for the Qurum.
transaction of business.
§ 3. A. C. Gibson shall be president, W. B. Allen shall
be vice president, William Robertson shall be secretary, Al-
bert Jenks shall be treasurer ; and the other persons named
in the first section of this act, together with the officers
above named, shall constitute the board of directors of said
company, and have all the powers conferred on said respec-
tive officers, from and after the passage of this act until the
first annual election, as mentioned in the preceding section,
shall be had and until others are elected.
§ 4. The board of directors of said company may also Executive com-
appoint an executive committee from among themselves, ™"^^'
and such committee, when said board is not in session, may
exercise all the powers vested in this company, except
where the company has, by its by-laws, otherwise provided.
They may also appoint examining agents and such other
subordinate officers as they may deem necessary, who shall
hold their offices during the pleasure of said board. The
secretary, by and with the advice and consent of said board,
may appoint a deputy, whose duty and authority shall be
specified in the by-laws of said company, and who shall
38© INSUKAITCE COMPAOTES.
liold liis office during sucli time as tlie board of directors
sliall direct.
§ 5. If it shall at any time happen that the annual elec-
tion of officers hereinbefore provided for shall not be held
or made on the day appointed by this act, said corporation
shall not, for that cause, be deemed to be dissolved, but it
shall be lawful for the said board of directors to appoint
some other day for said election, giving notice thereof, as
hereinbefore provided ; and the election so held sliall be as
legal as though made upon the day hereinbefore prescribed.
Policies. § 6. Policies of insurance insuring any of the various
kinds of property mentioned in the first section of this act,
against loss or damage by fire or lightning or tornadoes, or
against loss or damage by fire, lightning or tornadoes, may
be issued to the owners thereof for such time or times as
[may] be agreed upon between said company and the said
assured, subject, however, to the rules, regulations, condi-
tions and by-laws of saitl company, at such rate or rates as
said company, by their said board of directors, may deter-
mine, from time to time, said policies to bje signed, on be-
half of said company, by the president or vice president
thereof and the secretary : Provided^ that no policy of in-
surance shall be issued by said company until application
shall have been received by said company for insuring at
least thirty thousand dollars worth of property. Premium
notes may be received by said company from the said assur-
ed for such part of the premiums paid to said company by
said assured, in consideration of said j^olicy of insurance, as
may be prescribed by the rules and regulations or by-laws
of said company ; or said board of directors may accept a
definite sum, to be paid at the time of the issuing of said
policy, in lieu of said premium note, at their discretion ;
said premium notes to be payable in assessments, whenever
said board of directors may determine, and in such per
centages as they may deem necessary for the ]:)urpose of
]:)aying such losses or expenses as may happen, from time.
Notice of such assessment or assessments shall be given, by
publication in some newspaper published in Kane count}^,
at least thirty days before the same shall become due : Fro-
vided.) however^ that no assessment on such premium notes
shall be made by said board of directors, for the purposes
aforesaid, unless the cash on hand of said company shall be
insufficient for paying the losses and expenses that may be
or are about to become due. Said cash, so received for in-
surance and unexpended and said premium notes, shall con-
stitute the capital stock of said company.
Assessments on S 7. Whenever any assessment is made on any premium
note given to the company, in consideration lor awy policy
of insurance' issued by said company, and an action at law
on default of the said assured to pay the same is brought
for the recovery of said assessments, the certificates of the
premium notes.
INSUEAXCE C0MPAJS^E8. 381
secretary of said company, under the seal tliereo;t', specify-
ing sncli assessment and the amount due said comj^any on
such note or notes, shall be taken and received as jpriina
facie evidence of such indebtedness, in all courts and places
whatever. Suits at law may be maintained by this compa-
ny against its members, and any member or members
against said company ; and any member, by reason of his
being a member thereof, shall not be disqualified from testi-
fying for or against said company in any court or place
whatsoever,
§ 8. In case any member or person so insured in said
company shall neglect or refuse to pay his, her or their
assessment, as levied by the board of directors, for the space
of thirty days after the same shall become due, his, her or
their policy shall become void and of no effect against said
company.
§ 9. In case any policy shall become void, according to
the preceding section, or shall expire by its own limitation,
said board of directors shall have power to renew the same
or reinsure the same or any part of the property covered by
said policy.
§ 10. Policies of insurance shall only be issued after ap- Application of
plication made by the owner or owners of the property to ^ ""'
be insured or his, her or their authorized agent ; which ap-
plication shall be in writing and signed by said owner or
owners or his, her or their authorized agent ; which appli-
cation shall state all the material facts and circumstances
relating to or in any way affecting the risk so to be insured
against ; which application shall be taken and deemed to be
a part of said policy of insurance and as a warranty on the
part of the said applicant.
§ 11. The members of this company or persons insured
therein, as to their property, shall be and are hereby bound
and obliged to pay their proportion of all losses and expen-
ses happening and occuring before the expiration of their
respective policies of insurance, to the amount of their re-
spective premium notes, and no more ; and the company
shall have a lien on all buildings or other property insured,
including the right, title and interest of the insurred to the
lands upon which said buildings may be situated, against
the insured, for the payment of said notes or the assessments
thereon ; which liens shall exist in full force until said notes
are actually paid to said company or are otherwise fully
satisfied.
§ 12. In case it should ever happen that the whole stock, Payment of loss-
premiura notes, cash and other property belonging to said
company should be insufficient to pay oft' and satisfy aU
losses and expenses that may happen, then it shall be the
duty of the said board of directors to make a just average
thereof of said property, in proportion to the whole amount
of said losses and expenses, and pay each creditor of said
9 CO
INSUKAJSOE COMPANIES.
Investment,
funds.
OfBcial bonds.
company Lis proportion of sneh effects ; whicli payment
shall be in full of all claims upon the said company by rea-
son of any policy of insurance issued by them, and to cancel
all outstanding policies and risks ; and all policies so cancel-
ed shall be deemed to be of no force and elfect against said
company from the date of such order to cancel.
§ 13. The said board of directors may invest and em-
ploy the funds of this company in such way and manner as
they may judge that the interest and welfare of said compa-
ny require ; but nothing in this act contained shall be so
construed as to authorize said company to perform any act
as bankers or have any banking privileges or issue any cer-
tilicates of deposit, to circulate as money or currency, under
any circumstances whatever.
^ 14. The officers of this company shall give such bonds
to said company, conditioned for the due performance o
their duties, as said company in their by-laws may require.
§ 15. All powers, duties or privileges vested in said
company shall be performed by its said board of directors,
unless otherwise provided in this act.
§ 16. This act shall be deemed a public act, shall be
liberally construed for the purposes herein expressed ; may
be altered or amended at any time by the general assembly,
and shall take ellect from and after its passage.
AprEOVED February 22, 1861.
!n force February AN ACT to incorporate the Home Mutual Insurance Company of Illinois.
22, 1861.
Section 1. Be it enacted Ijy the Peojyie of the State of
Illinois, re2:)resented in the General Assenihli/, That Van H.
Higgins, Mathew Laflin, Joseph N. King, Sol. A. Smith,
Edward Hempstead, Alouzo Cutler, Thomas 13. Br3'an,
Kobert C. "Wright, B. F. Carver, and all other persons who
may hereafter become members of said compauy, in the
manner herein prescribed, be and they hereby are incorpo-
rated and made a body politic, for the terra of tweuty years,
Name and style, fnan the passage of this act, by the name of "The Home
Mutual Fire Insurance Company of Illinois,'" for the pur-
pose of insuring their respective dwelling houses, stores,
shops and other buildings, household furniture and merchan-
dise against loss or damage by fire, whether the same shall
happen by accident, lightning or any otlier means, excepting
that of design in the insured, or by an invasion of an enemy
or insurrection of the citizens of this or of any of the Uni-
ted States; and by that name may sue and be sued, plead
and be impleaded, appear, prosecute and defend in any
court of record or other place whatever; may have and use
INSUEAIfCE COMPANIES. 383
a common seal ; may purchase and hold such real and per-
sonal estate as may be necessary to effect the object of their R^ai estates,
association, and the same may sell and convey, at pleasure:
Provided^ such real estate shall not exceed one hundred and
sixty acres; may make, establish and put into execution
such by-laws, ordinances and resolutions, not being contrary
to the laws of this state or of the United States, as may
seem necessary or convenient for their regulation and gov-
ernment and for the management of their affairs ; and do
and execute all such acts and things as may be necessary to
carry into full effect the purposes intended by the charter.
§ 2, That all and every person and persons who shall at Members of the
any time become interested in said company, by insuring '^°™P*"y-
therein, and also their Respective heirs, executors, adminis-
trators and assigns, continuing to be insured therein, as
hereinafter provided, shall be deemed and taken to be mem-
bers thereof, for and during the term specified in their
respective policies, and no longer, and shall at all times be
concluded and bound by the provisions of this act.
§ 3. There shall be a meeting of said company at Chi- Annual meeting
cago, in the county of Cook, on the first "Wednesday in
January, annually, or on such other day as said company
may hereafter determine; at which first annual meeting
shall be chosen, by a majority vote of the members present
and by pi'oxy, a board of directors, consisting of not more
than fifteen nor less than nine members, who shall continue
in office until others have been chosen and accepted the
trust in their stead. In all vacancies happening in said
board, whether by removing from the state, dying or refu-
sing or neglecting to act for and during the space of three
months, successively, then and in every such case another
director shall be chosen in the place of each director so
removing, dying, refusing or neglecting to act, as aforesaid,
by a majority of the directors present at any monthly meet-
ing; which directors, so chosen, shall remain in office until
the next general election of directors; and a majority of the
whole board shall constitute a quorum for the transaction of
business. At their first regular meeting the board of direc-
tors sliall class themselves, by lot, into three classes, of an
equal number each, the terms of whose service shall, respec-
tively, expire as follows : the first class, in one year ; the
second class, in two years, and the third class, in three years.
Special meetings of the company may be called, by order
of the directors, or whenever the owners of one-tenth part
of the property insured in said comjiany shall apply to the
directors, setting forth, in writing, the purposes for which a
meeting is desired.
§ 4. The board of directors shall superintend the con- Duties of the
cerns of said company, and shall have the management of toS ° "^*
the funds and property thereof and of all matters and things
thereunto related, not otherwise provided for by said com-
384 msiiEAJS"CE companies.
pan}'. They shall have power, from time to time, to appoint
a secretary, treasurer and such other officers, agents and
assistants as to them may seem necessary, and prescribe
their duties, fix their compensation and take such security
from them as they may deem necessar}'- for the faithful per-
formance of their respective duties. They shall determine
the rates of insurance, the sum to be insured on any build-
ing, not exceeding two-thirds of its value nor one-half the
value of personal property and the sum to be deposited for
the insurance thereof. They shall order and direct the
, ,. making and issuino; of all policies of insurance, the provi-
Issuing of poll- -. '^ 1 1 .^ ^11 1 • IX' 1 j^ 1
cies. dmg 01 books, stationery and other thmgs needinl tor the
office of said company and for carrying on the affairs thereof;
and may draw upon the treasurer for the payment of all
losses which may have happened and for expenses incurred
in transacting the concerns of said company. They shall
elect one of their own number to act as president, and may
hold their meetings monthly and oftener, if necessary, for
transacting the business of the company; and shall keep a
record of their proceedings ; and any director disagreeing
with the majority of the board at any meeting may enter
his dissent, Math his reasons therefor, on record.
Erection of build- § 5. It sliall be the duty of the directors of said com-
'"^^' V^^J whenever the premium notes thereof shall amount to
the sum of one hundred thousand dollars, to build or cause
to be built or procure for the use of said company a fire
proof building, suitable for the transaction of business and
for the preservation of the funds and other property belong-
ing to said company from destruction by reason or means of
fire ; and, for the purpose of providing said building, the
directors may assess any sum, not exceeding five per cent,
of the amount of premium notes aforesaid in any one year;
and it shall be the duty of the directors to keep said build-
ing in proper repair, and to renew the same, in whole or in
part, as they may think necessary and expedient.
Limit of risus. § 6. The dircctors shall extend the insurance of said
company to every part of this state, on all the real and
personal property within the same, with the exceptions and
provisions hereinafter enacted, not exceeding the sum often
thousand dollars in any one risk, at such rate or rates as said
directors may, in view of the equity of the case and the
interests of the company determine. Insurances shall be
made in all cases u])on the representation of the assured,
contained in his application therefor and signed by him or
his attorney; which representation shall, in fairness and
good fjiith, state all the material circumstances within his
knowledge which may afl'ect the risk : Provided, that in
case of any loss or damage by fire the valuation of the pro-
perty at the time such loss or damage shall be determined
by the award of impartial men, as hereinafter provided.
INSUKANOE COMPAJSriES. 385
§ 7. Books of accounts, written securities or evidencegj)f ^".'|J[^^^''f^°° ^^J!;
death, [debt,] title deeds, manuscripts, or writings of any des- wauen.
cription, money or bullion, shall not be deemed nor taken to
be objects of insurance in said company. Curiosities, jew-
eh, medals, musical instruments, plate, paintings, sculpture,
stationery, watches, gold or silver ware of any kind, shall
not be deemed to be included in any policy of insurance,
unless those articles, or any of them, form part of the usual
and regular stock in trade of the assessed or are particularly
specified in the policy. Breweries, chemical establishments,
bleaching houses, oil mills or the contents of either of them,
alcohol, aquafortis, gunpowder, spirituous liquors, tar, tur-
pentine, varnish, or any other trades, wares or merchandise,
which may hereafter be excluded by said company at any
annual meeting, shall never be deemed insurable by the
directors of said company nor any policy issued thereon.
§ 8. Every person *vho shall become a member of said c°ompany.^°
company, by effecting insurance therein, shall, before he
receives his policy, deposit his promissory note for such sum
or sums of money as shall be determined by the directors,
a part not exceeding ten per cent, of which note shall be
immediately paid, for the purpose of discharging the inciden-
tal expenses of the institution; and the remainder of said
deposit note shall be made payable, in part or the whole, at
any time when the directors shall deem the same requisite
for the payment of losses or other expenses ; and at the
expiration of the term of insurance the said note, or such
part of the same as shall remain unpaid after deducting all
losses and expenses occurring during said term, shall be
relinquished and given up to the signer thereof.
§ 9. Every member of said company shall be and hereby Payment of loss-
is bound to pay his proportion of all losses and expenses
happening and accruing in and to said company ; and all
buildings insured by and with said company, together with
the right, title and interest of the assured to the lands on
which they stand, shall be pledged to said company, and
the said company shall have a lien thereon, against ihe
assured, during the continuance of his, her or their policies.
§ 10. In case of any loss or damage by fire happening Mode of adjusting
to any member, upon property insured in and with said ^°^^'
company, the said member shall give notice thereof, in
writing, to the directors, or to some one of thenij or to the
secretary of the said company, within thirty days from the
time such loss or damage may have happened ; and the
directors, upon a view of the same or in such other way as
they may deem proper, shall ascertain and determine the
amount of said loss or damage ; and if the party suffering
is not satisfied with the determination of the directors the
question may be submitted to referees, or the said party
may bring an action against said company for said loss or
damage, at the next court, to be holden in and for the county
386 INSUKANCE COMPAOTES.
•
of Cook, and not afterwards, unless said court shall be liolden
within sixty days after said determination; but if holden
within that time then at the next court holden in said county
thereafter; and if upon trial of said action a greater sum
shall Ije recovered than the amount determined upon by the
directors the parties suffering shall have judgment therefor
against said company, with interest thereon from the time
the said loss or damage happened and costs of suit; but if
no more shall be recovered than the amount aforesaid the
said party shall become nonsuit, and the said company shall
recover their costs: Provided., however^ that the judgment
last mentioned shall in no wise affect the claim of said
suffering party to the amount of loss or damage, as deter-
mined by the directors aforesaid: And^ provided^ cdso^ that
execution shall not issue on any judgment against said com-
pany until after the expiration of three months from the
rendition thereof.
Settlement of loss- § ^1- The dircctors may, after receiving notice of any
es- loss or damage by fire sustained by any member and ascer-
taining the same or after the rendition of any judgment as
aforesaid against said company for such loss or damage,
settle and determine the sums to be paid by the several
members thereof, as their respective proportion of such loss,
and publish the same in such manner as they shall see fit or
as the bjMaws may have prescribed, and the sum to be paid
by each member shall always be in proportion to the origi-
nal amount of his premium note or notes, and shall Ije paid
to the treasurer within thirty days next after the publication
of said notice. And if any member shall, for the space of
thirty days after such notice neglect or refuse to pay the
sum assessed upon him, her or them as his, her or their
proportions of any loss, as aforesaid, in such case the direc-
tors may sue for and recover the whole amount of his, her
or their deposit note or notes, with costs of suit; and the
money thus collected shall remain in the treasury of the
company, subject to the payment of such losses and expenses
as have or may thereafter, accrue, and the balance, if
any remain, shall be returned to the party from whom it
■was collected, on demand, after thirty days from the term
for which insurance was made.
§ 12. If it shall ever so happen that the whole amount of
deposit notes should be insufficient to ]')ay the loss occasioned
by any one fire, in such case the sufferers insured by said
company shall receive, toward making good their respective
losses, a proportionate dividend of the whole amount of said
notes, according to the sums by them respectivel}' insured,
.and, in addition thereto, a sum, to be assessed on all the
members of said company, not exceeding fifty cents on
every hundred dollars by them respectively insured; and the
said member shall never be required to pay for any loss
occasioned by fire, at one time, more than fifty cents on
ESrSUKANCE COMPANIES. 387
each Ininclred dollars insured in said company, in addition
to the amount of his de])08it note, nor more than that amount
for any such loss after his said note shall have been paid iu
and expended ; but any member, upon payment of the
whole of his deposit note and surrendering his policy, before
any subsequent loss or expense has occurred, may be dis-
charged from said company.
§ 13, Said company may make insurance for any time, insurance for ten
not exceeding ten years ; and any policy of insurance issued ^^^'^^^
by said company, signed by the president and countersigned
by the secretary, shall be deemed valid and binding on said
company, in all cases where the assured has a title, in fee
simple, unincumbered, to the building or buildings insured
and to the land covered by the same ; but if the assured
have a less estate therein or if the premiums be incumbered
the policy shall be void, unless the true title of the assured
and the incumbrances on the j)remises be expressed therein.
§ 14. The directors shall settle and pay all losses within Time for paying
three months after they shall have been notified as aforesaid,
unless they shall judge it proper, within the time, to rebuild
a house or houses destroyed or repair the damages sustained;
which they are empowered to do in convenient time : Pro-
vided^ they do not lay out and expend in such buildings or
repairs more than the sum insured on the premises; but no
allowance is to be made in estimating damages in any case
for gilding, historical or landscape paintings, stucco or carved
work, nor are the same to be replaced if destroyed by fire.
§ 15. "When any house or other building shall be alien- ^-'''^ ^f insured
^ *' -, " prop6rty.
ated, by sale or otherwise, the policy thereupon shall be
void and be surrendered to the directors of said compan}^,
to be canceled ; and upon such surrender the assured shall
be entitled to receive his, her or their proportion of all losses
and expenses that have accrued prior to such surrender:
Provided^ however^ that the grantee or alienee, having the
policy assigned to him, may have the same ratified and con-
firmed to him, her or them, for his, her or their proper use
and benefit, upon application to the directors, and with their
consent, within thirty days next after such alienation, on
giving proper security, to the satisfaction of said directors,
lor such portion of the deposit or premium note as shall
remain unpaid ; and by such ratification and confirmation
the party causing the same shall be entitled to all the rights
and privileges and subject to all the liabilities to which the
original insured was entitled and subjected under this act.
§ 16. If any alteration shall be made in any house or \"?[?^'^"* '"
building by the proprietor thereof, after insurance has been
made thereon with said company, whereby it may be exposed
to greater risk or hazard from fire than it was at the time
it was insured then and in every such case the insurance
made upon such house or building shall be void, unless an
additional premium and deposit, after such alteration, be ■^:_.
388
INSTJKANCE COMPAOTES.
Double insurance.
Assessment
losBes.
Aanual report.
Board
tors.
of dlrec-
eettled with and paid to the directors; but no alterations or
repairs in buildings, not increasing such risk or hazard,
shall, in anywise, ati'ect the insurance previously made
thereon.
§ 17. In case any building or buildings, situated upon
leased lands and insured by said company, be destroyed by
lire and the owner or owners thereof shall prefer to receive
the amount of such loss in money, in such case the directors
may retain the amount of the premium note given for the
insurance thereof until the time for which insurance was
made shall have expired, and at the expiration tliereof the
assured shall have the right to demand and receive such
part of said retained sum or sums as has not been expended
in losses and assessments.
§ 18, If insurance on any house or building shall be and
subsist in said company and in any other ofhce or from and
by any other person or persons at the same time the insu-
rance made in and by said company shall be deemed and
become void, unless such double insurance subsist by and
with the consent of the directors, signified by indorsement
on the back of the policy, signed by the president and
secretary.
§ 19. The company hereby created shall not be concerned
in any trade or other business, except insurance of property
against loss or damage by fire; nor shall said company, by
any possible construction of the powers granted in this act,
exercise any banking privileges whatever; but this act shall
be deemed and taken to be a public act, and shall be liberally
construed to effect the ends and purposes hereby intended
and contemplated.
§ 20. The directors of said company shall not make
more than one assessment for losses in any one year, and in
order that such assessment may be made payable at the
annual meeting of the company the directors are authorized,
in case of any loss or damage by fire, to borrow" such sum
or sums of money as may be required to pay such loss or
damage ; and in making the annual assessments the interest
accruing on money borrowed, and also all necessary inciden-
tal expenses, shall be included in such assessment.
§ 21. Each and every member of said company shall be
entitled to and allowed an examination of the books, papers
and general transactions of said company, n})on application
therefor to the secretary,
§ 22. It shall be the duty of the directors to make an
annual report of the condition, progress and affairs of said
company, a copy of which report shall be furnished to the
general assembly.
§ 23. The individuals named in the first section of this
act shall be and they hereby are constituted a board of
directors for said company, to serve as such nntil the first
annual election of directors therein provided for. They
INSTJEANCE COMPAIflES. 389
shall have power, if they think fit, to make up tlieir number j
to fifteen, as allowed in the third section of this act, from I
among the members of said companj^; and all vacancies
which may occur in said board, by death, resignation, remo- ;
val or refusal to serve, may be filled by the remaining mem-
bers of said board; and a majority of their number, at any
time, shall constitute a quorum for the transaction of busi-
ness. They may call the first meeting of the members of
said company at any suitable time and place in Chicago,
aforesaid, by advertisement in the several newspapers printed
in said city, giving at least ten days' notice of the place,
time and design of the meeting. They may make and
establish by-laws for the government of said company until
the first annual meeting thereof, and may transact any busi-
ness necessary and proper to carry into eftect the provisions
and intentions of this act: Provided^ hoivever, that no policy
shall be issued by said company until his excellency the
governor of the state shall have made proclamation that
application has been made for insurance in said company
for fifty thousand dollars at least ; of which notice shall be
given him by the directors.
§ 24. This act shall take effect from and after its passage.
Approved February 22, 1861.
AN ACT to amend an act entitled "An act to incorporate the Henry County In force February
Mutual Fire Insurance Company." " 21, 1S61.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the
name of "The Henr}^ County Mutual Fire Insurance Com-
pany" be and is hereby changed to and the said corporation
shall hereafter be known by the name of "The Illinois Cen-
tral Insurance Company."
§ 2. Section nineteen of said act is hereby so amended Piace of business.
that the business of said company may be carried on in the
city of Decatur, in the county of Macon, Illinois.
§ 3. Section four of said act is hereby so amended that
the board of directors may appoint an executive committee,
from their own number, and such committee, when the
board is not in session, may exercise all the powers vested
in the company, except when the company has, by its by-
laws, otherwise pro\T[ded.
§ 4. Section seven of said act is hereby so amended that
any party applying for insurance, so electing, may pay a de-
finite sum of money in full for such insurance, in lieu of a
premium note.
390 INSURANCE COMPANIES.
Suits at law. § 5. Sectioii twelvG of said act is hereby so amended that
whenever any assessment is made on any premium note given
to this company, and a suit is brought for the recovery of such
assessment the certificate of the secretary of said company,
under the seal thereof, specifying the date of the assessment,
the rate per cent, assessed on the premium notes, and the
amount (lue said company on said premium note or notes,
, shall be taken and received ^q prima facie evidence thereof,
in all courts and places whatsoever.
Deputy secretary. § ^' ^^ ^hall be lawful for the Secretary of this company
to appoint a dej^uty, whose authority shall be specilied in
his appointment, and shall be approved by the board of di-
rectors.
§ 7. This act shall take effect from and after its passage.
Approved February 21, 1861.
In force February AX ACT to incorporate the Illinois Central Mutual Insurance Company.
IS, 1S61,
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General AssenihJy^ That, from
the time this act shall take effect, J. B. White, Charles L.
Currier, James H. Matheny, Isaac Keys, Julius II. Currier,
and all other persons who may hereafter associate with them,
in the manner herein prescribed, shall be a body corporate
Corporate name ^nd politic, by tlic name and style of " The Illinois Central
and powers. JMutual lusuraucc Company ;" and by that name may sue
and be sued, appear, prosecute and defend, in any court of
record or other court or place whatsoever ; may have" and use
a common seal, and alter and renew the same at pleasure;
may purchase and hold such real and personal estate as may
be necessary to effect the object of their association, and
sell and convey the same at pleasure ; may make, establish
and put in execution such by-laws, ordinances and resolu-
tions, not being contrary to the laws of this state or of the
United States, as may seem necessary or convenient for
their regulation and government, and for the management
of their affairs ; and do and execute all such acts and things
as may be necessary to carry into effect the purjDoses intended
in this act.
§ 2. All persons who shall at any time be insured in
this company shall be members thereof, during the continu-
ance in fact of their respective pohcies, and n(.> longer, and
shall at all times be bound by the provisions of this act.
Directors. § 3. Tlic affairs of said company shall be managed by a
board of directors, to consist of not less than five nor more
than fifteen members, as may be regulated by the by-laws
of said company. Said directors shall be chosen by ballot,
INSURANCE COMPANIES. 391
from among the members of said company. A majority of
the whole board shall constitute a quorum for the 'transac-
tion of busmess. The executiv^e committee of said c.mpany
shall possess all the powers of the board of directors, when
said board is not in session,
§ 4. The board of directors shall elect a president vice- ^'^"" "' ^^'^
president, secretary and treasurer, who shall hold' their '""''
respective offices for one year, or longer, as may be deter-
mined by the by-laws o± said company, and until others are
chosen m their places. The board of directors shall also
appoint an executive committee, to consist of three direct-
ors. _ feuborduiate officers, agents and examiners may be
appointed by and m the manner prescribed by the by-laws
ot said company. j j ==
§ 5. This company may make insurance on all descrip-
tions ot property against loss or damage by ffi-e, lightning
wind and the risks of inland navigation and transportation
and may cause themselves to be reinsured u]^on the whole
or any part ot any risk on which they may have made
insurance. "^
§6. The rates of insurance shall be fixed by the board R«*«s of 'n^u-
ot_ directors or executive committee of said company Pre- '''""'"
miuni notes may be received from the insured, which shall
be paid at such time or times and in such sum or sums as
tlie directors shall require for payment of losses and
expenses. Any person applying for insurance may pay a
dehmte sum ot money, in full for said insurance, in lieu of
a premium note. The cash premiums, together with the
premium notes, shall constitute the capital stock of said
company.
§ 7. The directors of said company may levy an assess-
ment upon the premium notes, at any time they may deem
it necessaj^y, for the payment of losses and expenses.
8 °- The members of this company shall be and are Payment of icsa-
hereby bound to pay their proportion of all losses and ''•
expenses happening and accruing during the time for which
their po leies were issued, to the amount of their i.remium
note and cash premium, and no more; and said company
shall have a hen against the insurance on all buildino-s
insured including the right, title and interest of the insured
to the lands on which said buildings are situated, for the
payment of said premium notes.
§ 9. All statements made on any applications for insu-
rance shall be binding upon the applicant, and a warranty
upon his, her or their part. "^
§ 10. Whenever any assessment is made on any pre- Nonpayment of
mium notes given to the said company, and the maker ^'^"^'^ '^'''^^
thereof shall neglect or refuse to pay the amount claimed
by said company for the space of thirty days after notice of
such assessment, (which notice shall be given in the manner
prescribed by the by-laws of said company,) his, her or their
INSUKAIICE COMPANIES.
policies shall become null and void and of no effect; and in
case an action is broui^ht for the recovery of any assessment
dne said company, the certificate of the secretary ol said
company, stating the amount of such assessment, shall be
taken and received as j)rima facie evidence, in all courts
and places whatsoever. .
, ... § 11 The persons named in the first section ot this act
First board of di- ^^^^^^ ^^^ ^^^^ theyarc hereby constituted a board ot direct-
ors for said company, to serve as such until the first annual
election of directors herein provided for, and until others
are chosen. The directors of said company shall be elected
on the first Monday in June, in each year ; and such elec-
tion shall be held at the ofiice of said company, at such hour
of the day as the directors or executive committee lor the
Elections time being may appoint. Such election shall be held under
the inspection of three members, to be appointed previous
to every election, by the executive committee of said com-
pany. Such election shall be made by a plurality of the
votes of the members present, or their proxies, allowing
one vote for each policy held by members oflenng and m
force at the time of the memVers offering to vote, ihe
directors or executive committee are hereby authorized, at
any meeting, to provide a form for the appointment ot
proxies and to specify the evidence that may be required ot
the execution thereof.
§ 12. All meetings of the board of directors and execu-
tive committee to be called in the manner prescribed by the
by-laws of said company. _
§ 13. This company shall have power to issue policies
for any term of years, not exceeding ten. _
secretary and § li- The Secretary of said company may appoint a
deruty. deputy, whose powers shall be set forth m his certificate pt
appointment, and entered upon the record book of said
company. t n i • a «
§ 15 The home office of said company shall be m tlie
city of Springfield, in the county of Sangamon, and state
of Illinois. , . ,. ,. ,
S in If it shall so happen that the election of directors,
of said company shall not be held on the day when pursu-
ant to this act, it ought to have been made or held tins
company, for that cause, shall not be deemed to be dissolvea;
but it shall be lawful, on any other day, to make and hold
an election, notice of which shall be given m the manner
prescribed by the by-laws of said company.^
§ IT All vacancies in the board of directors may be
filled by the remaining part of said board, from among the
members of said company.
S 18. This act shall be deemed a public act, and be libe-
rally construed, for the purposes therein mentioned, and be
in force on and after its passage.
ApmovED February 18, 1861.
INSUEANCE COMPANIES. 393
AN ACT to incorporate the Illinois Life Insurance Company. In force February
is, ISOl.
Section 1. Be it enacted hy the People of the State of
Illinois representedin the General Assembly, That John M.
Willsoii, Cyrus II. McCormick, James II. Woodworth,
Frederick Tiittle, John V. Farwell, David S. Smith, Nelson
Tuttle, Charles Mears, Henry A. Brewster and Charles B.
Farwell, and all others wdio shall be associated with them,
as stockholders in the corporation hereby created, shall be
a body politic and corporate, by the name of "The Illinois corporate name
Life Insurance Company;" and by such name shall have '""'''"'""■'■
succession and continue in existence one hundred years,
from the time this act shall take eftect ; and may sue and
be sued; and shall have and enjoy all the rights, privileges
and immunities that other hke* corporations have, and be
recognized in all the courts of this state; and shall have
power to make and put in execution all such by-laws and
regulations, touching all its management and interest, so as
to secure the well ordering of alfits affairs, as the board of
directors may deem proper : Provided, they be not repug-
nant to the constitution and laws of the United States or of
this state.
§ 3. The persons above named shall constitute the first ^,'"*^,^.°^''^ °f ''^-
board of directors, and shall hold their office until the first
Monday of January, 1863, and until their several offices
shall have been filled by an election, as hereafter provided ;
at which time the term of office of two shall expire, and
two, annually, thereafter, in the order in which they are
herein named. On the first Monday of January, 1863,
there shall be an election of two or more directors, and,
annually, thereafter, in the same order ; and at such elec-
tions every person shall be entitled to one vote, either per-
sonally or by proxy, for every share of stock held by them ;
and the said two or more individuals, who shall receive the
largest number of votes, shall be declared elected, and hold
their office for the period of five years, and until their suc-
cessors are elected. The board of directors shall have
power to increase their number, from time to time, to
twenty, in their discretion, wdiose election and term of office
shall be the same as hereinbefore provided ; and to fill any
vacancy that may occur.
§ 3. The capital stock of this company shall be two capital stock.
hundred thousand dollars ; and the board of directors shall
have power to increase it, from time to time, to the full sura
of one miUion of dollars, in their discretion. The same
shall be divided into shares of one hundred dollars each,
transferable only on the books of the company, under such
rules and regulations as the board of directors shall estab-
lish.
§ 4. "Whenever the above named corporators, and their Timeandmedeof
associates, shall have subscribed two hundred thousand dol- °^^^^'^^^'
—34
394
OfBcei-s.
Life insurance.
Investmdnt
funds.
Roal e3t«te.
INSUEiLNCE COMPAI^IES.
lars, and paid into the treasurer of the said company twenty-
five dollars on each and every share, and shall have secured
the remaining seventy-five dollars on every share to the
satisfaction of the board of directors, and the said board
shall have duly organized themselves, by the election of one
of their number to act as president and another to act as
vice-president, and shall have appointed a secretary and a
treasurer, with such other officers as they may choose, and
filed a certificate of the same in the office of the clerk of
the county court of Cook county, signed by their president
and vice-president, and attested by their secretary, then the
said company shall be deemed to be fully organized, and
enter upon and enjoy all the powers hei-ein conferred.
§ 5. The stock, property, business and interests of the
said company shall be conducted by the president, vice-
president and board of directors, wdio may receive subscrip-
tions to the capital stock thereof, at such times and places
as they shall direct.
§ 6. The said company hereby created shall have
authority to make insurance on the lives of individuals, and
every insurance thereunto appertaining ; to receive trusts,
grant immunities and endowments, and purchase the same,
in such form and manner, and for such premiums and con-
siderations, as they shall direct.
§ 7. The said board of directors may invest their capital
stock and accumulations in bonds and mortgages on unin-
cumbered real estate, wnthin the state of Illinois, worth at
least fifty per cent, more than the amount loaned thereon,^
or in the stocks of the United States, stocks of the state of
Illinois, or in any interest-paying stocks of any incorporated
city in this state, or other satisfactory securities ;_ and may
collect such bonds or sell such securities, and reinvest the
proceeds thereof, at their discretion.
§ 8. The real estate which it shall be lawful for the
company to purchase, hold or convey, shallbe such as shall
be requisite for its immediate accommodation in the conve-
nient transaction of its business, or such as shall have been
mortgaged to it, in good faith, by the way of security for
loans previously contracted, or for moneys due on such as
shall have been purchased at sales upon judgments, decrees
or mortgages obtained or made for such debts.
§ y. The fiscal year of the said company shall commence
on the first day of Januaiy, and terminate on the thirty-first
day of December, in each and every year.
§ 10. This act is hereby declared to be a public act, and
the same shall be construed liberally for the purposes
herein granted, and shall take eflect and be in force from
and after its passage.
§ 11. The homo office of said company shall be ni the
city of Chicago.
ArrnovED February 18, 1861.
INSUKANCE COMPAJS-IES. 3f)5
AX ACT to amend an act entitled "An act to incorporate the Illinois Mutua' int,rr-e Fehrmuy
Fire Insurance Company." '^n, 1*01.
Section 1. Be it enacted ly the People of the State of
Illinois, rejyresented in the General Assembly^ That the
board of directors of said company shall determine the
rates of insurance, the snm to be insured on real, personal
and mixed property, and the sum to be deposited for the
insurance thereof,
§ 2. . That section eio^hteen of the act to which this is an
amendment be amended, bj inserting after the word
" building," in said section, the words " on personal pro-
perty ;" and that among the property deemed uninsurable
by this company, in section seyen, the word " breweries "
be stricken out.
§ 3. That so much of the act to which this is an amend-
ment as is inconsistent with this act be and the same is
hereby repealed.
§ 4. This act shall take effect and be in force from and
after its jDassage.
Appeo^-ed February 20, 1861.
AX ACT to incorporate the Illinois Railroad, Steamboat, Passenger and Lire in force Fei,ruai-y
Stock Insurance Company. 21, isoi.
Section? 1. Be it enacted hy the People of the State of Illi-
nois, rejrt'esented in the General Assembly, That Georcre T.
Pearson, Francis A. Eowen, Andrew E. Iveefer, James H."
Matheny and Hiram ^anford, their associates and successors,
are herebydeclared a body corporate, by the name of "The Name and lace
Illinois Eailroad and Steamboat Passenger and Liye Stock 'on'msi!"ss.''^"
Insurance Company,'' to be established in the city of Spring-
field, county of Sangamon, and state of Illinois, for the pur-
pose of insuring passengers against personal injuries and
the loss of life, by accidents, while trayeling on railroads,
steamboats and other yessels, and also for insurino- live
stock, of all kinds, against loss or damage, by accidents,
while being transported on railroads, steamboats and other
vessels, with power to sue and be sued, plead and be im-
pleaded ; 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 corporation.
§ 2. The capital stock of said corporation shall be one capital stock
hundred thousand dollars, to be divided into shares of one
hundred dollars each. The said corporation, as soon as the
capital stock shall be subscribed and twelve and a half per
300 INSURANCE COMPANIES.
centum paid in and the remainder secm-ed by notes, based
upon bond and mortgage of improved i-eal estate, not ex-
ceeding two-thirds its vahie, or by deeds of trust of real
estate,"in the state of lUinois, which said real estate or any
part thereof may be sold on thirty days' notice being given,
in default of the payment of the said notes or any portion
thereof that may, from time to time, be called in, may com-
mence and carry on their business,
Diiectn ■.. and § ^- ^^^ ^^^^ corporatc powers of the company shall be
umcc-rs.' vested in five directors, who shall be citizens of this state
and members of the company, one of whom shall be ]:)resi-
dent thereof, who shall hold their offices for one year and
until others are appointed in their stead. Annual meetings
shall be held by the members of the corporation, for the
choice of directors and any other business that may come
before them, at such time and place, in the city of Spring-
field, as a majority of tlie directors may appoint; and notice
shall be given in two of the ]3apers printed in the city of
Springfield, at least ten days previous to said meeting.
And the first meeting shall be held on the twenty-fifth day
of May, 1S61 ; and the election 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
ballot, by a plurality of the stockholders present, allowing
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.
Meeting of dirtc- § "i- Thc dircctors so chosen shall meet as soon as may
'^'■=- be after such election, and shall choose one of their number
to be president, who shall preside for one year ; and in case
of the death, resignation or inability to serve of the presi-
dent or any director, such vacancy or vacancies may be
filled, for the remainder of the year, by the directors.
Special meetings. § 5. A spccial meeting of the corporation shall be called
by the president and directors, upon the application, in
writing, of ten members ; notice of which shall be given ten
days, successively, in two of the papers printed in the city
of Springfield ; and special meetings of the corporation may
be called, whenever the president and directors may deem
it expedient.
Insurances. § 6. The president and directors shall have power and
authority, in the name and on behalf of the said corporation,
to insure passengers against personal injuries and loss of
life, arising from injuries sustained by collisions, explosions
and otherwise, Avhile traveling upon any of the railroads,
rivers, lakes and canals in the state of Illinois and on the
waters of lakes Michigan, Pluron, Erie and Ontario, or on
the railroads, rivers, lakes and canals in any other of the
states or territories of the United States or in Canada, and
also to insure live stock against loss or damage by collision,
explosion or otherwise, while being transported upon any
INSUKANCE COMPANIES. 397
railroad, river, lake or canal in the United States or in
Canada, but shall not take, on any one risk, a larger anionnt
than live thonsand dollars ; and, generally, to do and per
form all matters and things relating to such objects. And
all policies or certiticates of insurance shall be signed by the
president and countersigned by the secretary, and shall be
binding and obligatory upon the said corporation, in like
manner and with like force as if under the seal of said cor-
poration.
^ 7. It shall not be lawful for the said corjjoration to i>e"i'npin goods
-'-■,,. , • T 1 • I'll- m and stocks.
deal, du'ectly or indirectly, m any kind ot goons, wares or
merchandise whatever, 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
shall be lawful for the said corporation to purchase and hold
any stock or funded debt, last aforesaid, for the purpose of
investing any part of their capital std^k, funds or moneys
therein; and also to sell and transfer the same and again in-
vest the same, or any part thereof, in such stock or funds,
whenever and as often as the exigencies ot the corporation
or a due regard to the safety of its funds shall require; and
also to make loans on bond and mortgage, and on notes
secured by trust deeds, and the same to call in and reloan,
on like security, as occasion may require: Provided^ hoio-
ever^ that nothing in this act contained shall be construed to
confer on said corporation any banking power whatsoever
or the right to receive money on deposit and loan the same,
or to buy and sell exchange, as a business.
§ 8. The first election of directors shall be liolden as Election of duec-
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 give to the stockholders present a certificate of
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. It shall be the duty of the president and directors Manner of invest-
to investigate the best mode of investing the funds of the
corporation; and a majority shall have power to Joan, or
invest the same. They shall, also, at the end of the fiscal
year, examine the statement of the affairs of the company
made out by the secretary, and compare the same with the
books.
§ 10. It shall be the duty of the president and secretary, Annual state-
at least thirty days previous to the annual election of direc-
tors, 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 the said company, showing the amount of real
estate, in bond and mortgage, in notes and other securities.
in' public debt, in other stock, and the amount of debts due
398 INSUEANCE COMPANIES.
to and from the said corporation ; wliich statement shall be
certified by the jDresident and secretary, and shall be open
to the inspection of any stockholder of the said corporation,
dm*ing the usual hours of business, in the office thereof,
until the day of election ; and in case the president and
secretary shall neglect or refuse to prepare such 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 live hundred dol-
lars, 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 within thirty days after
the annual election of directors of said company.
Payment of eapi- §11- It sliall uot be lawful for the said corporation to
tai stock. commence business under this act until the president and
secretary of the said corporation shall have made a deposi-
tion, in writing, and filed the same in the office of the clerk
of the county court of Sangamon county, that the capital
stock of the said corporation has been paid in or secured,
according to the provisions of this act.
An>nu:i lepoii of § l^- ^^ ^hall bo [thc] duty of the president and direo-
direciu*. tors of said company, on the first Monday of 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 manner in which 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
liability incurred by said company, and of debts owing by
them ; the amount of premiums received, earned and un-
earned; of dividends made and losses sustained during the
preceding year, and the amount of losses claimed against
said company but not adjusted or paid ; and the amount of
surplus on hand, and the manner in wdiicli the same shall
be invested or secured, specifying the amount and nature of
each securit_y ; which report shall be signed and sworn to
or affirmed by the said president and secretary and filed in
the office of the clerk of the county court of Sangamon
county ; and a printed copy of the same shall be delivered
to each member, when requested.
Exami.iiitioii of § 13. It shall be lawful tor the judge of the circuit court
"';.'. ••'"»i'"io'^ of Sanojamon county, on the complaint of any stockholder,
made either to the court or the judge in vacation, wlienever
it shall appear projjcr, 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
thereof shall be determined by said judge, who, in his dis-
cretion, may direct such expense to be paid by the company.
§ 14:. The person thus appointed to make such examina-
tion shall have the power to examine, under oath, the prcsi-
INSURANCE COMPANIES. 399
dent and secretary or other officers of said company, and
the books, papers and vouchers thereof, and any other testi-
mony, in such manner as will best advance the purposes of
such investigation.
§ 15. If, upon such investigation, it shall appear that App^'^nnentofii
the corporation have, in any respect, exceeded the powers
hereby granted, or violated the provisions of this act, it
shall be the duty of the said court or judge to appoint a re-
ceiver of the stock, property and assets of said corporation,
who shall have full power, under the direction and subject
to the control of said court, to close and wind up the busi-
ness and affairs of said corporation.
§ 16. The capital stock of said corporation may, here- ^"f[^^ °' "^^^
after, be increased to an amount, in the whole, not exceeding
two hundred and fifty thousand dollars, in the discretion of
a majority of the directors thereof, to be subscribed for and
taken under the direction and superintendence of the presi-
dent and directors aforesaid, or by any person or persons
duly appointed by a majority of said directors, in the same
manner as is herein provided for the subscription of the
original capital stock; and the directors of said corporation
shall have power to reopen the books of subscription of said
company, in the said city of Springfield, for the purpose of
receiving subscriptions for such additional stock, and to
keep the same open till the whole amount of such additional
stock shall have been subscribed: Provided, the said direc-
tors shall, prior to the opening of the subscription books for
the purpose aforesaid, give twenty days' notice, in two of
the newspapers published in the city of Springfield, the
time and place of such opening of the said subscription
books.
§ 17. The said company may appoint and employ such Agents,
agents as a majority of the directors thereof shall deem re-
quisite for the efficient carrying on of the business of said
company, and may define the powers and prescribe the
duties of such agents.
§ 18. The duration of the corporation created by this act General office,
shall be twenty-five years ; and the general office of the
company, for the transaction of business, shall be located in
the city of Springfield.
§ 19. The said corporation may purchase and hold such Real estate.
real estate as the directors may deem necessary for the
transaction of its business, and an amount at any time not
exceeding thirty thousand dollars ; and to take and hold
any real estate or securities mortgaged or pledged of the
said corporation, to secure the payment of any debt due or
to become due to it ; and, 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 of or toward satisfaction of any debt previously
contracted or due to the corporation, and to hold the same
400
INSUKANCE COMPAi^IES.
until they can conveniently and advantageously convert the
same into money or other personal property, and to sell and
convey said real estate, or any part thereof: Provided., the
said corporation shall be C(anpelled to offer, in good faith,
the said real estate, once in every five years, at jniblic auc-
tion to the highest bidder.
§ 20. This act shall take effect from and after its passage.
Approved February 21, 1861.
Ill force Fein-uni-y
•22, ISGl.
Name anri place
of business.
Amount of capital
stojk.
Subscriptions.
AX ACT to incorporate the Inland Insurance Corapanj- of Cliicago.
Section 1. Be it enacted l>y the People of the State of
Illinois., represented in the General Assembly., That H. J3.
AVilmarth, C. II. Pway, F. 13. Cooley, P. L. Yoe, Luther Ha-
ven, Phillip Dater, jun'r., J. S. Newhouse and Arthur C.
Ducat, and such other persons as may hereafter become
stockholders in the corporation hereby created, their succes-
sors and assigns, be hereby created a body corporate and
politic, under the name>and style of "The Inland Insurance
Company situated at Chicago ;" and by that name shall
have and en.-joy all the rights and privileges and immunities
that other like corporations have, and be recognized in all
courts of justice and equity, in this state, and shall continue
in existence fifty years, from the date of its organization.
§ 2. The capital stock of said corporation shall be two
hundred thouland dollars, to be divided into shares of one
hundred dollars each, to be paid in such installments as the
board of directors of said corporation may, from time to time,
at their discretion, appoint and order, except as hereinafter
provided. The said capital stock may hereafter be increas-
ed to an amount not exceeding five hundred thousand dol-
lars, in the discretion of the board of directors ; and the stock
of said corporation shall be transferable on the books of the
said cor])oration, and not otherwise.
§ 3. Books of subscription may be opened, at the discre-
tion of a majority of the parties named in this act ; and
when the amount of capital stock, as provided in the forego-
ing section, sliall have been subscribed, and the subscribers
shall have chosen nine directors, and said directors shall -
have chosen out of their number a president and ^dce presi-
dent, and appointed a secretaiy, said board of directors may
declare the company organized, and proceed to call in such an
installment of the stock as they may deem necessary, not less
than twenty per cent., in cash ; and for the l^alance of such
subscription, may take bonds and mortgages on unincumber-
ed real estate, in the state of Illinois, or judgment notes of
responsible parties, in the city of Chicago, at their discretion.
INSURANCE COMPANIES. iUl
§ 4. The said company shall have power, by instrument, insurances,
under seal, or otherwise — First: To make insurance u]jon
all descriptions of property a^^ainst loss or damage hy tire.
ISecondly: To make insurance upon all description of boats,
and vessels, the cargoes and freights tho'eof, and upon bot-
tomry and respondentia interest, against the perils of marine
and inland navigation. Thirdly: To cause themselves to
be reinsured against any risk upon which they may have in-
surance.
§ 5.- The first board of directors shall hold their ofiice till ""^ectm^"'' °' "'
the second Monday in January, next succeeding the organi-
zation of the company, and until their successors are elected ;
and, on the second Monday of January-, in each year, du-
ring the continuance of said corporation, an election of the
directors thereof shall be held in the city of Chicago, at such
time and place as the existing board of directors may pre-
scribe. The stockholders in said corporation, in person or
by proxy in writing, shall be entitled to one vote for each
share of stock held by them, respectively, at the time of
such election ; and the persons, to the number of nine, being
stockholders, receiving the highest number of votes at such
election, shall be declared elected directors of said corpora-
tion, for one year, and shall hold their ofiice until the next
annual election and until their successors are elected. A ma-
jority of the board shall constitute a quorum for the transac-
tion of business.
§ 6. The board of directors shall have power to fill any vacancies
vacancy that may occur in their own body — a plurality of
votes constituting a choice. They shall choose, in the same
manner, previous to the annual election of directors, three in-
spectors of such election, whose duty it shall be to canvass
the votes cast thereat and declare the result. The said in-
spectors shall, also, be judges of the qualifications of voters.
I^otice of such elections shall be given, by publication in one
or more daily newsj)apers published in Chicago, at least two
weeks previous thereto, over the signature of an oificer of
the company.
§ 7. The directors shall meet, as soon as may be, after '^^^l^^^l °^ '^*
every election, and shall choose, out of their number, a pi'es-
ident and vice president, who shall hold their offices until
the next annual election of directors and their successors are
chosen. They shall also have power to appoint a secretary,
and all subordinate officers of said corporation, to fix their
compensation, and prescribe their duties.
§8. All policies of insurance made by said corporation pucies.
shall be subscribed by the president or vice president and
countersigned by the seci'etary ; and all losses arising under
any policy, so subscribed, may be adjusted and settled by
the president, vice president or secretary, under such rega-
lations as the board of directors may, from time to time, pre-
scribe.
402
Office.
INSURANCE COilPANIES.
§ 9. The office of snid company shall be located in the
city of Chicago; but the officers may appoint such agents
in other places as they may deem expedient.
§ 10. The board of directors may, from time to tim€,
in their discretion, estimate the net earned profits that have
accrued on the business of the company, and declare such
a dividend thereof to the stockholders as they may deem
desirable.
§ 11. By the consent, in writing, of three-fourths of the
stockholders, the insured may be allowed to participate in
the net profits of the company, to such an extent and upon
such terms as the directors may deem expedient.
§ 12. Nothing in this act contained shall authorize said
corporation to receive deposits or do a banking business.
§ 13. Each shareholder in this corporation shall be indi-
vidually liable for the debts and contracts of said company,
to the extent of his unpaid stock.
§ 14. This act shall be deemed a public act, and shall be
liberally construed, for the purposes therein contained, and
take eli'ect from and after its passage.
Appeoved February 22, 1861.
i\' I'orce February AN ACT to incorporate the Jersey County Farmers' Mutual Insurance Ooin-
--' ^-'^^- pany.
Corporate name
and po«"er8.
Section 1. Be it enacted hy the People of the. State of
Illinois^ reiwesented in the General Assembly^ That Joel
Cory, Lewis Eandolph, J. Murray Bacon, O. P. Powell, J.
E. Cooper, Kobert C. White, Israel Squires, William Dar-
bey, Geo. E. Warren and all other persons who shall be-
come members of the corporation hereby created, shall be
and are hereby ordained and declared to be a body politic
and corporate, by the name and style of " The Jersey Coun-
ty Farmers' Mutual Insurance Company," for the purpose of
insuring farm buildings, dwelling houses, household furni-
ture and other ])roperty against loss or damage by fire,
whether the same shall happen by accident, lightning or
any other cause, excepting that of design in the insured, or
by the invasion of an enemy, or an insurrection of the citi-
zens of this State or of any of the United States ; and by
that name may sue and be sued, plead and be impleaded,
appear, prosecute and defend in any court of record or other
court or place M-hatsoever; aiul may have and use a common
seal, and alter and renew the same at pleasure ; may pur-
chase and hold such real and personal estate as may be
necessary to effect the objects of their association, and may
sell and convey the same at pleasure : Provided^ that the
INSURANCE COMPANIES. 403
real estate which it shall be lawful for the said corporation ^^-''^ estate,
to hold be only such as shall be requisite for the purpose of
erectino; buildings thereon, in which to meet and transact
the business of said corporation, or such as shall have been
honafide mortgaged to it, by way of security or conveyed to
it in satistaction of debts previously contracted in the course
of its business or purchased at sales on judgments which
shall have been obtained for such debts ; and with regard
to all. such real estate, so to be held by the said corporation,
as aforesaid, except such as shall be for its immediate ac-
commodation, as aforesaid, or such as it may hold, by way
of mortgage, and whereof the actual possession shall be
and remain in the mortgagor, his heirs and assigns, the
said corporation shall be bound to sell and dispose of the
same, respectively, within live years after it shall acquire
the same, and shall not be capable of holding the same after
the expiration of the said live years; may make, establish
and put in execution such by-laws, ordinances and resolu-
tions, not being contrary to the laws of this state or the United
States, as may be necessary or convenient for their regula-
tion and government and for the management of their af-
fairs ; and to do and execute all such acts and things as
may be necessary to carry into eltect the provisions of
this act.
§ 2. The affairs of this company shall be managed by n Board of directors
board of directors, to consist of not less than five nor more
than fifteen, as may be regulated by the by-laws of said
company ; and said directors shall be chosen by ballot, from
among the members of said company ; and a majority of
the whole board shall constitute a quorum for the transac-
tion of business.
§ 3. The persons named in the first section of this act Notice of eiec-
are hereby constituted a board of directors, to serve as such
until the first annual election of directors and until others
are chosen ; which annual election shall be held on the first
Monday in May, in each year. Such election shall be held
at such place and at such time as the directors, for the time
being, shall a^^point — notice of which time and place shall
be given in one of the newspapers printed in the county of
Jersey, or, if there be no newspaper published in said coun-
tj", then in some newspaper published in the county of Mad-
ison, at least twenty days immediately preceding such elec-
tion. And such election shall be holden under the inspec-
tion of three members, to be appointed previous to every
election by the board of directors ; and such election shall
be made by a plurality of the votes of the members present,
or their proxies, allowing each member one vote. The
board of directors, shall hold their ofiices for one year and
until others are chosen ; and vacancies occurring in the i
board may be filled at any of their meetings. \
^*^*i INSURANCE COMrANIES.
§ 4. All and every person who shall hecome interested
in said company, by insnring thereni, and also their respec-
tive heirs, administrators and assigns, continnini;- to be in-
Rired therein, as hereafter provided, shall be deemed and
taken to be members thereof, for and during the time speci-
tied hi their respective policies and no lunger, and shall at
all times be concluded and bound by the provisions of this
act.
§ 5. It shall be lawful for the company to insure any
] roperty in this state, within such limitation as the by-laws
shall prescribe.
President and of- § ^'>- Tlic board of dircctors shall elect a president, vice
ificers of board, president, secretary and treasurer, who shall hold their re-
spective otiices_ for one year and until others are chosen.
The board of directors may, also, appoint an executive com-
mittee, from among their own members, and such commit-
tee, when the board is not in session, may exercise all the
powers vested in this company, except when the company,
by its by-laws, may otherwise provide. The board of direc-
tors may, also, appoint surveyors, appraisers, agents and
such other subordinate ofKcers as they may. from time to
time, deem necessary, who shall hold their offices during
the pleasure of the board.
§ 7. If it sJiall happen that the election of directors shall
not be held on a day when, pursuant to this act, it ought to
have been held, this corporation shall not for that 'cause
be deemed to be dissolved, but it shall be lawful, on any
other day, to hold an election of directors — notice of which
shall be given, as herein prescribed.
Duties of tiie di- § ^- "^^^^ boai'd of dircctors shall superintend the con-
cerns of said company and shall have the management of the
funds and property thereof and of all matters and things
not otherwise provided for by said company. They may
determine the rates of insurance,- the sum to be insured on
any building, not exceeding two-thirds of its value, nor one-
half of the value of personal estate, and the sum to be de-
posited for the insurance thereof. They may order and
direct the making of all policies of insurance, the providing
of books, stationery and other things needful for the office
of said company and for carrying on the affairs thereof;
and maydraw u])on the treasurer for the jmyment of all
losses which may have liai)pened or for expenses incurred in
transacting the business of said company, and for all purpo-
ses authorized by the charter. They shall hold their meet-
ings at such times and at such place as shall be directed by
the by-laws of the comi)any, for the transaction of their
business, and shall keep or cause to be kept a true record
of their proceedings, of all the votes of the corporation and
the directors, and of all pt»licies of insurance issued by the
company, of all assignments of such policies as shall be as-
rectoi
INSURANCE COMPANIES. 405
sented to by them ; which record shall be open to the in-
spection of anv person interested therein.
§ 9. Every person who shall become a member of said ''^''^*«son deposit,
company, by etfectino- insurance therein, shall, before he
receives his policy, deposit his promissory note for such sum
or sums of money as shall be determined by the directors
or company, not exceeding iive per cent, upon the amount
of the property insured, a part of which note, not less thaii
five per cent, thereof, shall be immediately paid,, for the
purpose of discharging the incidental expenses of the com-
pany and for creating a fund for the payment of future
losses; and the remainder of said deposit note shall be pay-
able, in part, or the whole, at any time when the directors
shall deem the same requisite for the payment of losses and
other expenses or for the purpose of creating a new fund
for that purpose, the old funds having become exhausted or
insufficient for the payment of said losses or expenses ; and,
at the expiration of the term of insurance, the said note, or
such part thereof as shall remain unpaid, after deducting all
losses and expenses accruing during said term, shall be re-
linquished and given up to the n.aker thereof, his executor
or administrator. And said company may provide, by its
by-laws, for a dividend of its surplus funds, from time to
time, among the members of said company.
S 10. The funds of said companv, created bv the piv- ^'"es'raent: of
/» 1 • II' ' 1 i. « funds
ment ot the premium upon the deposit notes or the assess-
ments thereon, may, in the discretion of the directors, be
loaned on security or invested in stocks, except so far as
the same may be necessary for the payment of the current
expenses of the compan3\
§ 11. The members of this company shall be and are raymem of loss-
hereby bound to pay their proportion ot all losses and ex-
penses happening and accruing during the time for which
their policies were issued, to the amount of their deposit
notes and cash premiums, and no more ; and the said com-
pany shall have a lien on all buildings insured, including
all the right, title and interest of the insured in and to tlie
lands on which the said buildings may be situated, as
against the insured, for the payment of said deposit notes.
§ 12. In case any member of this company shall ?el!, convoyance of
convey or mortgage the property insured by him, it shall '! e sw-lT. ^
lawful for such member to assign and deliver to the pur-
chaser or mortgagee his policy of insurance ; and such as-
signee shall have all the benefit of such policy : Fromded^
that before any loss happens he shall obtain the consent of
the directors to such assignment, to be certified upon said
policy by the secretary of said company; and said company
shall not be liable for any loss or damage which may hap-
pen to any property after such sale or incumbrance, without
the consent of the directors to snch assignment ; and the
directors may, in case of a sale of the property insured, re-
INSURANCE COMPANIES.
quire the surrender of the polic}^, and shall return to the
insured his deposit note, after deducting his just proportion
ot all expenses and losses prior to such surrender.
§ 13. Any member of this company, who shall sustain
any loss or damage by fire, shall give immediate notice
thereof to the secretary of the company, at their olhce ; and
the directors, upon a view of the same, or in such other way
as they iiiay^ deem proper, ascertain and determine the
amount of said loss or damage. In case the member sus-
taining such loss or damage shall be dissatisfied with the
estimate of his loss, made by the directors, on his request
the same may be submitted to three disinterested persons,
chosen by the parties, whose report shall be conclusive.
§ 14. The directors shall, after having determined the
amount of loss or damage sustained by any member, pay to
the assured the amount of such loss or damage out of the
accumulate a funds of the company; and in case there shall
not be a sufficient sum of money in the treasury to pay the
same, the directors shall proceed to make an assessment
upon the deposit notes, for the purpose of paying such loss
or damage and creating a new fund for the payment of
future losses ; and they shall publish the said assessment in
such manner as they shall see tit or as the by-laws may pre-
scribe ; and the sum to be paid by each member shall al-
ways be in proportion to the original amount of his deposit
note or notes, and shall be paid to the treasurer, within
thirty days after the publication of such notice. The direc-
tors may employ a collector, if necessary, to collect such
assessment and pay it over to the treasurer ; and they shall
give to the assured an order on the treasurer, signed by the
president and secretary, for the amount of such loss or da-
mage, which must be paid within sixty days from the occur-
rence of the fire, otherwise the company shall be liable for
interest.
§ 15. _ If any member shall, for the space of thirty days,
after notice of an assessment shall have been given, as men-
tioned in the preceding section, neglect or refuse to pay
the sum assessed upon him, the directors may debar or ex-
clude such member from any benefit of his insurance ; and
they may, also, in the corporate name of said company, sue
for and recover the whole amount of the deposit note, with
costs of suit ; and the amount thus collected shall remain in
the treasury of said company, subject to the payment of
losses and expenses, until tlie next annual meeting of the
company, when, if any l)alance remain, it shall be returned
to the party from whom collected, on demand, and the
j)olicy be canceled. And suits at law may be instituted and
l)rosecuted by any member against said company for losses
or damages by fire, if payment is withheld more than ninety
days after said company is duly notified of such losses.
INSURANCE COMPAN^ES. 4 . 7
§ 16. In all suits by or against said company any mem- ?uit3 at law.
ber thereof shall be a competent witness, except in suits in
which such member shall be a party, in his individual capa-
city, provided he be not otherwise disqualified.
§ 17. The records of said company, or copies thereof
duly authenticated by the president and secretary, shall bo
competent evidence in any suit between the corporation and
a member or members thereof.
§ 18. At the annual meeting of the company for the R"'*^^ and by-
election of directors, as provided for in this act, and at other
general meetings, which may be held whenever called for
y the directors, from time to time, the members of said
company may make all bj-laws, rules and regulations,
necessary for the proper management of the affairs of the
company, that shall not be inconsistent with the constitution
and laws of this state or of the United States.
§ 19. The operations and business of the company shall Piace of business.
be carried on at such place in the town of Jersey ville, coun-
ty of Jersey, as the directors shall designate or the by-laws
of the company provide.
§ 20. All policies of insurance issued by this company
shall be valid and binding only from the time when the
amount of all the sums insured thereby shall reach the sum
of fifty thousand dollars.
§ 21. The privileges hereby granted by this act shall
continue for the period of thirty years ; and this act shall
take efi'ect and be in force from and after its passage.
Appkoved February 21, 1861.
AN ACT to incorporate the Mascoutah Savings and Insurance Company. in force February
2U, 15G1.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the Gfeneral Assembly, That Philip H.
Postel, Ausby Fike, Alexander Koss, G. 0. Eisenmeyer,
Narcisse Penconneau, Elisha Bagsby, Peter Frees, Natha;!
Land, P. II. Eisenmeyer, Fred Matzanback, John Curtis,
T. II. Deichman, B. H, Nelson, Geo. Swaggard, Andre .v
Eisenmeyer, and Theo. Engleraan, and all other persons
as shall hereafter become stockholders in this corporation,
are hereby created a body politic and corporate, by the name
and style of "The Mascoutah Savings and Insurance Com-
pany'*' to be located in the town of Mascoutah, St. Clair corporate name
•r«/' 1T1 •• 1 ^^'^ powers.
county, With power to establish agencies m any other part
of said county, or any other county in this state, whenever
said corporation may desire so to do. This corporation may
continue and be in force until the first day of January, one
thousand eight hundred and ninety-six, and shall have pow-
mSUKANCE COMPANIES.
er to adopt a common seal, and alter the same at pleasure ;
and in that name and style shall transact and do its business,
and have succession ; may sue and be sued, answer, ])rose-
cute and defend in all courts of justice having competent
jurisdiction.
§ 2. The capital stock of this corporation shall be one
hundred thousand dollars, and be divided into shares of lif-
ty dollars each ; but this corporation shall be entitled to en-
joy all its franchises whenever fifty thousand dollars shall
be subscribed and ten per cent, is paid, in cash — the balance
secured to the satisfaction of the board of directors, by
mortgage on real estate or personal security. No mortgage
to be taken for more than two-thirds of the cash value of
any real estate. The capital stock of the corporation may
be increased, at any time hereafter, to the farther sum of
three hundred thousand dollars, at the discretion of a majo-
rity of the board of directors of said corporation.
§ 3. The incorporators named in section one of this act,
or any five of them, shall have power to open books, at such
time and place, in the town of Mascoutah, and other place,
for subscription to the capital stock, as they may appoint,
not to exceed nine months from the passage of this act, by
giving ten days' notice in one or more newspapers printed
in the county of St. Clair that such books will be opened for
subscriptions to the capital stock, and that they will remain
open until fifty thousand dollars shall be subscribed. And
so soon as the sum of fifty thousand dollars is subscribed
and ten per cent, is paid, as stated in the preceding section,
the incorporation shall, within ten days, proceed to call a
meeting of the stockholders, by public notice in some news-
paper published in the county of St. Clair, stating the time
and place for the stockholders to meet, in the town of Mas-
coutah, to elect a board of directors. The election of the
first board of directors shall be superintended and managed
l:)y the incorporators that have acted in opening books for
subscri|)tion to the capital stock of said corporation.
custoiiy of money § "i- It sliall bc the duty of thc incorporators that have
acted in opening books for subscription to the capital stock
of this corporation, so soon as a board of directors is chosen
by the stockholders, and such board is fully organized, to
pay over and dehver unto the board of directors of the com-
])any, all moneys collected by them, together with books in
which the stock is subscribed, and all other papers in their
possession, belonging to said corporation, and may demand
and receive from the ])resident and directors such receipt
and vouchers, so as to fully relieve them of any further re-
sponsibility arising from the trust imposed upon such incor-
porators by this act. The stock, funds and business of this
corporation shall be managed by a board of directors, cho-
sen by the stockholders, whicli sliall consist of not more than
nine nor less than five, out of which number shall be chosen
and records.
INSURANCE COMPANIES. 4(;9
the president. At all meetings of the board of directors, a
majority shall constitute a quorum lor the transaction of
business. At all elections of directors, each shareholder
shall be entitled to one vote. Absent shareholders may
vote by proxy, the holder of which being a stockholder.
All elections shall be by ballot. No person shall be eligible
to^ the office of director, unless a stockholder to the amount
of three hundred dollars and a citizen of this state. After
the first election there shall be an annual election held for di-
rectors, _ by the stockholders, at such time and place, in the
town of Mascoutah, as may be fixed by the by-laws of said
company. Directors to hold their ofiices at pleasure. And
vacancies, by death or resignation, may be filled by appoint-
ment by the board of directors, until the next annual election.
§ 5. At all annual elections of directors of the corpora- inspectors of
tion the board of directors shall appoint three stockholders *='**=''''"''
who are not of their number or candidates for the then elec-
tion of directors, wlio are to act as inspectors of such election,
who shall canvass the votes and declare the result ; and the
persons who shall have received the greatest number of
votes shall be directors for the coming year. The board of
directors, when elected, shall proceed to elect one of their
number president; and in case of death, absence, or dis-
qualification, they shall appoint a president, jp'''o tempore,
who shall discharge the duties and exercise all the functions
of the president. The directors may also appoint a secretary
and treasurer, and such other oflicers or agents as they may
think necessary, may define their duties and determine their
compensation, and require such security for the faithful dis-
charge of their duties as shall be deemed proper.
§ 6. The corporation hereby created shall have power to in«ir«,c«.
make all kinds of insurance against fire, and to make ma-
rine insurance upon vessels, boats and water crafts, employed
in inland lakes, rivers or canal navigation, produce or pro-
perty transported thereon, and upon bottomry, respondentia
interest, upon all lakes, rivers and inland navigation or
transportation, and risks of every kind soever, and upon
moneys transported by mail or otherwise.
_ § 7. The board of directors shall, so soon as fully organ- R„ies ana t,
]zed, adopt by-laws, establish rules and regulations, by which ''*'^''-
its members shall be governed ; which may be altered or
amended by them or any subsequent board : Provided that
such by-laws, rules and regulations shall not, in any 'way
confiict with the laws of the state. The board of directors
of said corporation may, at any time thereafter, open books
for subscription, to fill up such portion or all of the unsub-
scribed stock, as in their opinion may be of interest to said
corporation. The board of directors shall have power to
call in such installments of the capital stock, at such times
and as they may deem advisable, by first giving 60 days'
notice, in some newspaper published in the ^ountv of
—35
1 '
410
INSURANCE COMPANIES.
Paying of install-
meets.
St. Clair: Provided, no sncli call shall be made to exceed
ten per cent, on eacli share of the capital stock snLscribed
at any one time, nor oftener than once in sixty days ; which
amounts, as collected, shall be credited on each individual
stock note held by the board of directors.
§ 8. If, after a public call for installment is made, agree-
able to the preceding section, any shareholder shall neglect
and refuse to pay any such installment called, on the day
stated in the notice or for ten days thereafter, the president
or such other person that may be authorized by the board
of directors may advertise for ten days, by publication, and
proceed to sell so much of the stock of such delinquent
shareholder, at public auction, to the highest bidder, for cash,
and apply the proceeds of the same to the amount called
for, first deducting all expenses contingent to such sale. All
sales, made in conformity to this act, shall be held good and
valid to all intents and purposes : Provided, that all balances
remaining, if any, shall be held for or paid over to such
shareholder.
Keai estate. § 9- Tliis corporatiou shall not deal in real or personal
estate, property, or merchandise, except so much as may be
deemed necessary and for the security of the transaction of
its business; and that all real estate acquired in fee by this
corporation, by operation of its business, other than what
shall be necessary for its occupation, and not held in trust
or as security, shall not be held by said corporation longer
than five years ; and shall then be sold, at either public or
private sale, so as to divest the said corporation of all title
therein. All deeds, mortgages and bonds made to this cor-
poration, shall be made to the president and directors of
said corporation, and their successors in ofiice, and all deeds,
mortgages or bonds, for the conveyance of real estate, made
and acknowledged by this corporation, shall be made by the
president or such other person as the board may appoint ;
but in no case shall any such deed, mortgage or bond be
made by the president or agent of this corporation, without
a special order of said board of directors so to do ; and, in
all cases, such order shall be copied in and made a 2)art of
all such deeds, mortgages or bonds.
Mode of Insuring. § 10, This corporatiou may conduct its insurance busi-
ness, in part or entirely, upon the principle of mutual insu-
rance, if ])referred by its customers and directors : Provided,
always, that all risks are assessed at their cash value, or its
equivalent, when the policy is issued. They may, also,
cause themselves to be insured or reinsured against all or
any risk upon which they may have made insurance, and
also upon all property of every kind, OM'iied or held by
them in trust, or on deposit, or as security. This corpora-
tion, by the president and directors, are herel^y authorized
to deposit any portion of their unemployed capital or other
funds or assets, owned by said coi-poration, with any indi-
mSURANCE COMPANIES. 411
vidiial or corporation, in this state or in any other state, and
to use the same as tlioj may think best for the promotion
of their business, in order to facilitate exchange, and to do
and perform all acts as may be recpiired in the transacting
of the atfairs of this corj^oration, which may not conflict
with the laws of this state.
§ 11. It shall be lawful for the corporation to receive on Deports,
deposit, any money, notes, or other evidence of debts, from
any individual or person appointed by any court in this
state, such as executors, administrators, guardians, conserv-
ators or commissioners, or from any city, county or corpora-
tion, and to allow for the use of the same, such rates of in-
terest as are now or may hereafter be allowed by the laws
of this state ; and also authorized to loan, on mortgage or
jrersonal security, any of the funds of said corporation to
any such individual, person, city, county or corporation, for
any term, as may be agreed upon by the president and di-
rectors and such parties, for such rates of interest as not to
conliict with the laws of this state. All policies of insu-
rance or other engagements of said corporation shall be sign-
ed by the president and countersigned by the secretary,
with or w^ithout seal, and shall be binding upon the corpo-
ration. And on all such policies and engagements, held by
any individual, company or corporation, in case of loss and
refusal to pay such losses or damages, they may, thereupon,
maintain an action of debt, covenant or on the case, against
this corporation, in any court of this state having competent
jurisdiction.
§ 12. It shall be the duty of the president and directors Annual statement
of this corporation to make out a complete and perfect state-
ment of the condition and atfairs of this corporation and re-
port the same to the stockholders, at their annual meeting,
and on the first Monday in April and September in each
year; in default of which a majority of the shareholders
may demand their immediate resignation, by motion, at
the first term of any court of record in the county of St.
Clair ; and each and every such director shall be subject
to a fine of not less than five hundred nor more than two
thousand dollars ; which may be collected b}'' judgment of
court and paid and added to the assets of this corporation.
The board of directors shall, on the days stated in this sec-
tion, in the months of April and September, in each year,
make such dividend of as much of the profits of the said
corporation as to them shall appear advisable, but in no case
shall they declare a dividend that shall impair the capital
stock or infringe thereon ; and in case of losses, at any time,
that shall lessen the capital stock, no dividend shall be made
until the same is fully restored to the original amount ; nor
shall any premiums received be counted as profits until the
risk for which it was taken shall have fully terminated.
412 INSURANOE COMPANIES.
Transfer of stock § ^^' TliG stock ill tlils corporatioii sluill bc consiclerecl
personal property, and may be transferred, at pleasure, by
the owner, on the books of the company; but in no case
shall there be any transfer allowed while the holder is in-
debted to the corporation on the same. The mode of trans-
fer and alienating tlie stock, and the form of policies, orders,
receipts and certificates, or other papers necessary to be
used by the company, shall be regulated and determined by
the by-laws of the board of directors of the company. The
real and personal propert}'' of each individual shareholder
shall be held liable for any and all liability or loss of the
company, to the amount of stock subscribed or held by him
or them, not actually paid in, in all cases of loss exceeding
the means of said corporation.
Money on dcpos- § ^^' "^^^^^ Corporation shall have power to perform the
duties and functions of a savings institution, and may receive
money, bullion or other valuable commodities and give cer-
tificates for the keeping, return, remittance or investment of
the same, from any individual, company or corporatin, and
allow such rate of interest as the board of directors may
agree upon, the same not to exceed the rates allowed by the
laws of this state : Provided^ always^ that this company
Savings account, sliall opcn and keep separate accounts, called savings, de-
deposit, and trust account, in which all commissions, in-
terest or compensation paid or received shall be kept and
entered in the same ; and no part of which shall at any time
or in any way be used, merged or connected, other than de-
posited with the other affairs of this company : Provided,
furtlier, that this corporati(3n shall not use any portion of
any such saving, trust funds or deposits of same, in the
payment of any loss or losses arising from insurance, in any
way; and further, that all such funds and valuable connnodi-
ties shall not be paid out or removed, except on the order of
the president, countersigned by the secretary, or a return of
the certificate or obligation given such depositor.
§ 15. This act to take effect and be in force from and after
its passage, and be liberally construed, for all perposes
therein contained, by the courts of this state : Provided,
that nothing herein contained shall be so construed as to au-
thorize this corporation, to issue bills or notes or other evi-
dence on paper, representing the circulation of money ; but
may deal in foreign and domestic^exchange.
Api'KovED February 20, 1861."
INSURANCE COMPANIES. 413
AX ACT to incorpoi'ate the Merchants' Insurance Company. in force February
IS, 1861.
Section 1. Be it enacted hy the People of the State of
Illinois^ rejyresentM in the General Assembly^ That Fred-
erick Tuttle, Henry W. King, Joel C. Walter, Wm. E.
Daggett, John Y. Farwell, Calvin C. Parks, Edwin H.
Harmon, Chauncey Bowen, Henry C. Durand, Cyrus H.
McCormick and Henry W. Hinsdale, their associates and
successors, and all such persons as shall become stockhold-
ers, be and they are hereby created a body corporate and
politic, by the name and style of " The Merchants' Insurance corporate name
Company." The corporation may have a common seal, ^" i^""'"^-
and power to appoint all such servants and agents as it may
deem necessary; and may make and ordain and establish
such by-laws, rules and regulations, for the management of
its alTairs, as it may think proper, not inconsistent with the
laws and constitution of the United States and the state of
Illinois, and again, at its pleasure, to amend, alter and
repeal the same, and to have process and enjoy all those
rights, privileges and immunities, of any and all other like
corporations, and to be recognized in all its rights and
powers, without pleading the same, in all the courts of the
state of Ilhnois.
§ 2. The capital stock of this company shall be one mil- Amount of capi-
lion of dollars, with power to increase the same to any sum
not exceeding live millions of dollars, by a vote of a majority
in interest of the paid stock at the date of sncli vote, which
shall be divided into shares of one hundred dollars each,
and which shall be deemed personal property and transfera-
ble on the books of the company only, under such regula-
tions as may be adopted by the company.
§ 3. When a subscription to the capital stock, of not '^"^''^ °f '^'■•«-
less than one hundred thousand dollars, shall have been
made, and five per cent, thereof actually paid, in cash, the
subscribing shareholders may meet and choose a board of
nine directors, in wdiom all the powers of the corporation,
not otherwise herein specially limited and provided, shall
be vested. The board of directors may choose one of their
number a president and another a vice-president, also a sec-
retary and a treasurer, and such other officers and agents as
they may deem necessary, and whose qualifications'^ duties
and compensation may be fixed and prescribed in the by-
laws, regulations and resolutions of the board of directors,
from time to time. The board of directors shall hold their
offices for one year, and until their successors are elected
and qualified. The term of office of the secretary, treasurer
and other employees shall be fixed by the board of directors.
The home office of this corporation shall be at the city of
Chicago, in Cook county, Ihinois.
§ 4. The said company shall have power to make insu- insarancei.
ranee against loss by fire on any and all kinds of property,
414
INSURANCE COMTANIES.
Divlderds,
Investment
funds.
Manner of con-
ducting the busi-
ness.
houses and fixtures; to make insurances, and take all and any
marine risks, and to take all risks and make insurance of
lives, and to fix, charge and receive sucli rates of premium
therefor, as may be agreed upon between the parties ; and
any or either of the risks and insurances, fire, marine or
life, may be done upon the mutual or stock principle or
upon both together.
§ 5. The corporation may declare dividends ; but all
dividends shall be applied in payment of the capital stock
subscribed until the amount subscribed by each shareholder
shall have been paid up, in full, by the dividends declared
upon the stock ; and so of the stock subscribed, from time
to time ; and the capital stock may be called in as may be
required by the by-laws,
§ 6. The company may invest any surplus capital or
other money on hand in any kind of stocks or other securi-
ties, deemed safe, or in real estate, bonds and mortgages, or
may loan the same, at any rate of interest, not exceeding
ten per cent., and may discount the interest reserved out of
such loan ; and they [may] also buy and sell bullion and coin
and exchange, notes, bonds, mortgages or other securities.
The company may own such real estate as may be needful to
transact its business, and may take, hold, sell and convey
such other real estate as it may be necessary to secure any
loan or debt due, by judgment or otherwise. In all cases
of loss, exceeding the property and paid stock of the com-
pany, each shareholder shall be liable, ])ro rata, on the
amount and to the amount of unpaid stock due from each.
§ 7. Said company may establish agencies, and do all
such acts by and through them, according to the powers
herein granted, as may be authorized by the by-laws and
regulations. The board of directors may fix, determine
and prescribe, in the by-laws, the manner of making appli-
cations, and the terms and conditions of the policy, and the
manner of adjusting losses. The board of directors may
prescribe the manner in which the unpaid stock shall h& _
secured. This act shall take efiect from its passage.
Appkoved February 18, 1851.
In force Fchruary AN" ACT to charter the People's Mutual Fire Insurance Company of Aurora.
Section 1. Be it enacted hy the People of the State of
JUinois^ represented in the General Asse/nNi/, That L. D.
Brady, Levi Jenks, Albert Huntington, Charles Wheaton,
W. V. Plum, Clarke Wilder, AV. II.' Hawkins, W. B. Allen,
r. B, Rice, and all other persons who may hereafter become
members of said company, in the manner herein prescribed,
be and they hereby are incorporated and made a body poH-
INSUKANCE COMPANIES. 415
tic, for the term of twenty years, from the passage of this
act, by the name of " The People's Mutual Insurance ^o~comIiny!
Company of Aurora," for the purpose of insuring their
dwelling houses, stores, shops and other buildings, house-
hold furniture and merchandise, against loss or damage by
fire, whether the same shall happen by accident, lightning
or any other means, excepting that of design in the insured,
or by the invasion of an enemy, or insurrection of the citi-
zens of this or any of the United States ; and by that name
may sue and be sued, jDlead and be impleaded, appear,
prosecute and defend, in any court of record or other place
whatever ; may have the use of a common seal, may pur-
chase and hold such real and personal estate as may be
necessary to effect the object of their association, and the
same may sell and convey, at pleasure, provided such real
estate shall not exceed one hundred and sixty acres ; may
make, establish and put into execution such by-laws, ordi-
nances and resolutions, not being contrary to the laws of
this state or of the United States, as may seem necessary or
convenient for their regulation and government and for the
management of their affairs ; and do and execute all such
acts and things as may be necessary to carry into full effect
the pur]30ses intended by the charter.
§ 2. That all and every person or persons who shall at
any time become interested in said company, by insuring
therein, and also their respective heirs, executors, adminis-
trators and assigns, continuing to be insured therein, as
hereafter provided, shall be deemed and taken to be mem-
bers thereof, for and during the time specified in their
respective policies and no longer, and shall at all times be
concluded and bound by the provisions of this act.
§ 3. That there shall be a meeting of said company at "^^"^3 ^J^<=*'°°
Aurora, in the county of Kane, on the first Tuesday of
May, and on such other days as said company may hereafter
determine ; at which first annual meeting shall be chosen, by a
majority vote of the members present and by prox}^ a
board of directors, consisting of not more than fifteen nor
less than nine members, who shall continue in office until
others have been chosen and accept the trust in their stead.
In all vacancies happening in said board, whether by re-
moving from the state, dying or refusing or neglecting to
act, for and during the space of three months successively,
then and in every sucli case another director shall be chosen
in place of director so removing, dying, refusing or neglect-
ing to act, as aforesaid, by a majority of the directors present
at any monthly meeting ; which director, so chosen, shall
remain in office until the next general election of directors;
and a majority of said board shall constitute a quorum for
the transaction of business. At the first regular meeting
the board of directors shall class themselves, by lot, into
three classes, of an equal number each ; the term of whose
rectors.
iiO INSURANCE COMPANIES.
services shall, respectivel_y, expire as follows : the first class
in one year, the second class in two years, and the third
class in three years. Special meetings of the company may
be called by order of the directors, or whenever the owners
of one-tenth part of the property insured in said company
shall to the directors, setting forth, in writing, the purposes
for which a meeting is desired.
Duties of the di- § ^- The board of directors shall superintend the con-
cerns of said company, and shall have the management of
the funds and property thereof, and of all matters and things
thereunto relating, not otherwise provided for by said com-
pany. They shall have power, from time to time, to appoint
a secretary, treasurer and such other ofhcers, agents and
assistants, as to them may seem necessary, and prescribe
their duties, fix their compensation, and take such security
from them as they may deem necessary for the faithful per-
formance of their respective duties. They shall determine
the rates of insurance, the sum to be insured on any pro-
pei'ty, whether personal or real, not to exceed two-thirds of
its value. They shall order and direct the making and
issuing of all policies of insurance, the providing of books,
stationery and other things needful for the office of said
company and for carrying on the affairs thereof; and may
draw upon the treasurer for the payment of all losses which
may have happened and for expenses incurred in the trans-
acting the concerns of said company. They shall elect one
of their own number to act as president, who shall have
power to administer oaths to directors and other officers of
said company for the faithful performance of their respective
duties. They may hold their meetings monthly, and often-
er, if necessary, for transacting the business of the company;
and shall keep a record of their proceedings. And any
director disagreeing with a majority of the board at any
meeting may enter his dissent, with his reasons therefor, on
record.
f § 5. Whenever the premium notes of said company
shall amount to the sum of one hundred thousand dollars,
the said directors shall have power to build or cause to be
built, for the use of said company a fire proof building, suit-
able for the transaction of its business and for the preserva-
tion of the funds anfl other property belonging to said com-
])any from destruction, by reason or means of fire ; and, for
the purpose of providing and building, the directors may
assess any sum, not exceeding five per cent, of the amount
of jiremium notes aforesaid in any one year.
^ 6. The directors may extend the insurance of said
company to any ])art of this state on farm houses and out-
houses thereunto belonging, on detached buildings, on brick
or stone buildings, whether in blocks or detached, in sums
not exceeding five thousand dollars in any one risk, or on
goods, wares, merchandise, stocks in trade or household
INSUKANCE COMPANIES. 417
furniture, in sums not exceeding tliree thousand dollars in
.any one risk ; all I'ates to be fixed by the directors of said
company, as the justice and equity of the case and interest
of the company may require. Insurance shall be made, in
all cases, upon the representation of the assured, contained
in his application therefor, and signed by him or his agent
or attorney; which representation shall, in fairness and good
faith, state all the material circumstances, within his know-
ledge, which may affect the risk : Provided^ that in case of
any loss or damage by fire the valuation of the property at
the time of such loss or damage shall be determined by the
award of impartial men, as hereinafter provided.
§ 1. Books of account, written securities or evidences of ^noterrlcord*^
debt, title deeds, manuscripts or writings of any description, jewelry, &c. '
money or bullion, shall not be deemed or taken to be ob-
jects of insurance in said company. Curiosities, jewels,
medals, musical instruments, plate, paintings, sculpture,
statuary, watches, gold or silver ware, of any kind, shall
not be included in any policy of insurance, unless those
articles, or any of them, form a part of the usual and regular
stock in trade of the assured, or are particularly specified in
the policy.
§ 8. Every person who shall become a member of said p^'^™"™ "o'*^*-
company, by effecting insurance therein, shall, before he
receives his policy, deposit his jDromissory note for such
sum or sums of money as shall be determined by the direc-
tors, apart, not exceeding ten per cent, of which note shall be
immediately paid for the purpose of discharging the inci-
dental expenses of the institution ; and the remainder of
Raid deposit note shall be made payable, in part or in whole,
at any time, when the directors shall deem the same requi-
site, for the payment of losses or other expenses; and at the
expiration of the term of insurance, the said note or such
part of the same as shall remain unpaid, after deducting all
losses or expenses occuring during said term, shall be relin-
quished and given up to the signer thereof
§ 9. Every member of said company shall be and
hereby is bound to pay his or her proportion of all losses and
expenses happening and accruing in and to said company ;
and all buildings insured by and with said company, to-
gether with the right, title and interest of the assured to the
lands on which they stand, shall be pledged to said com- v
pany ; and the said company shall have a lien thereon,
against the assured, during the continuance of his, her or
their policies.
§ 10. In case of any loss or damage by fire happening Adjustment of
to any member, upon property insured in and with said
company, the said member shall give notice thereof, in wri-
ting, to the secretary of said company, within thirty days
from the time such loss or damage may have happened;
and the directors, upon a view of the same or in such other
—36
418 INSUKANCE COMPANIES.
way as they may deem proper, sliall ascertain and deter-
mine the amount of said loss or damaii^e ; and if the ])arty
suffering is not satisfied with the determination of the direc-
tors the question may be submitted to referees, or the said
party may bring an action against said company for said
loss or damage, at the next court to be holden in and for
the city of Aurora or in the Kane county circuit court,
within ninety days, and not afterwards. If, upon trial of
said action, a greater sum shall be recovered than the
amount determined upon by the directors the party suffering
shall have judgment therefor against said company, with
interest thereon from the time said loss or damage happened,
and costs of suit ; but if no more shall be recovered than
the amount aforesaid the said party shall become nonsuit,
and the said company shall recover their costs : Provided^
however^ that the judgment last mentioned shall in no wise
affect the claim of said suffering part}'- to the amount of loss
or damage, as determined by the directors aforesaid : And^
-promded^ also, that execution shall not issue on any judg-
ment against said company until after the expiration of three
months from the rendition thereof.
Adjustment of § H- The sccrctary shall, after receiving notice of any
losses. loss or damage by lire, sustained by any member, and ascer-
taining the same, or after the rendition of any judgment, as
aforesaid, against said company, for such loss or damage,
settle and determine the sums to be paid by the several
members thereof, and their respective proportion of such
loss, and publish the same in such manner as they shall see
fit or as the by-laws may have prescribed ; and the sum to be
paid by each member shall always be in proportion to the
oi'iginal amount of his or her premium note or notes, and
shall be paid to the treasurer within thirty days next after
the i)ublication of said notice ; and if any member shall, for
the space of thirty days after such notice, neglect or refuse
to pay the sum assessed upon him or them, as his, her or
their proportion of any loss, as aforesaid, in such case the
directors may sue for and recover the whole amount of his,
her or their deposit note or notes, with costs of suit ; and
the money thus collected shall remain in the treasury of said
company, subject to the payment of such losses and expen-
ses as have or may hereafter accrue, and the balance, if any
remain, shall be returned to the party from whom it was col-
lected, on demaiul, after thirty days, for the term for which
insurance was made.
Nonpjiyment of § 12. That any person or persons who are or shall be-
come members of said company, by effecting insurance
therein, their heirs, executors, administrators or assigns,
shall neglect or refuse the payment of any assessment or as-
sessments duly ordered by the directors of said company,
for the term of thirty days, after the same shall have become
payable, agreeable to public notice by the treasurer, the par-
asstssmeuts.
INSURANCE COMPANIES. 419
tj SO in default shall be excluded and debarred, and shall
lose all benefit and advantage of liis, her or their insurance
or insurances, respectively, fur and during the term of such
default or nonpayment, and, notwithstanding, shall be lia-
ble and obliged to pay all assessments that shall be made
during the continuance of his, her or their policies of insu-
rance.
§ 13. If it shall ever so happen that the whole amount
of deposit notes should be insuthcient to pay the loss occa-
sioned by any one lire, in such case the suti'erers insured by
said company shall receive, towards making good their re-
spective losses, a proportionate dividend of the whole amount
of said notes, according to the sums by them, respectively,
insured, and, in addition thereto, a sum, to be assessed on
all the members of said company, not exceeding fifty cents
on every hundred dollars by them respectively insured ; and
tlie said members shall never be required to pay for any loss
occasioned by fire, at one time, more than fifty cents on
each hundred dollars insured in said company, in addition
to the amount of his deposit note, nor more than the amount
for any such loss, after his said note shall have been paid in
and expended; but any member, upon payment of the
whole of his deposit note and surrendering his policy, be-
fore any subsequent loss or expense has occurred, may be
discharged from said company.
§ 14. Said company may make insurance, for any term,
not exceeding ten years ; and any policy of insurance issued
by said comj)any, signed by the president and countersigned
by the secretary, shall be deemed valid and binding on said
company, in all cases where the assured has a title, in fee
simple, unincumbered, to the building or buildings insured,
and to the land covered by the same ; but if the assured have
a less estate therein, or if the premises be incumljered, the
policy shall be void, unless the true title of the assured and
the incumbrance on the premises be expressed therein,
§ 15. That the directors of said company be and they Rebuilding and
are hereby authorized to pay all losses at only one uniform "''''"■'' °
period, in each year, subsequent to the annual assessment.
Said directors are hereby empowered to rebuild or repair
any house or houses that may be damaged or destroyed by
fire, within a reasonable time, provided they elect to do so
and do not lay out or expend in such building or repairs
more than the sum insured on the premises.
§ 16. When real or personal property insured by said
company shall become alienated by sale, by change in part-
nership or. ownership, or otherwise, the policies issued there-
on shall be void, and shall be surrendered to said company,
to be canceled; and the company shall not be liable for
any damage or loss which may happen to any property after
such alienation, as aforesaid, unless the policies issued there-
on shall have been duly assigned or confirmed, by the con-
420
INSURANCE COMPANIES.
Alterations
buililiiii'j
Banking privi'
Annual
incut.
sent of the directors, to the actual owner or o\VTiers thereof
previous to such loss or damage. And no policy issued by-
said company shall be deemed to have been duly assigned
or contirmed, unless the consent of the directors to such as-
signment or conhrmation is certihed on such poHcy by the
secretary of said company.
§ 17. If any alteration shall be made in any house or
building, after insurance has been made thereon with said
company, whereby it may be exposed to greater risk or
hazard, by lire, than it was at the time it was insured, then
and in every such case the insurance made upon such house
or building shall be void, unless an additional premium and
deposit, after such alteration, be settled wntli and paid to the
directors ; but no alteration or repairs ^n buildings, not in-
creasing such risk or hazard, shall, in any wise, affect the in-
surance previously made thereon.
§ 18. In case any building or buildings situated upon
leased lands and insured by said company be destroyed by
fire and the owner or owners thereof shall prefer to receive
the amount of said loss in money, in such cases the directors
may retain the amount of the premium note given for the
insurance thereof until the time for which insurance was
made shall have expired, and at the expiration thereof the
assessed shall have the right to demand and receive such
part of said retained sum or sums as has not been expended
in losses and assessments.
§ 19. The company hereby created shall not be concern-
ed in any trade or other business, except the insurance of
property against loss or damage by fire ; nor shall said com-
pany, by any possible construction of the powers granted in
this act, exercise any banking privileges whatever ; but this
act shall be deemed and taken to be a public act, and shall
be liberally construed to effect the ends and purposes here-
by intended.
§ 20. If any insurance on any house or building shall
be and subsist in said company and any other ofiice or firm,
and by any other person or persons, at the same time, the
insurance made in and by said company shall be deemed
and become void, unless such double insurance subsists by
and with the consent of the directors, signified by indorse-
ment on the back of the policy, signed by the president and
secretary.
§ 21. The directors of said company shall not make
more than one assessment for losses in any one year ; and
in case it shall become necessary to resort to the lien on the
property insured the treasurer shall demand payment of
the insured or his legal representative and of the tenant in
possession, and, in case of nonpayment, said company may
sustain an action on the deposit note, and their execution
may be levied on the insured premises, and the ofiicer
making the levy may sell the whole or any part of the es-
INSURANCE COMPANIES. 421
tate at auction, giving notice and proceeding in the same
manner as is required in sales under execution, or may pro-
ceed in equity, at the option of the company.
§ 22. In all suits by or against said company any mem-
ber of said company shall be a competent witness, except in
suits in which he or she shall be directly a party : Provided,
that such person shall not be otherwise disqualified.
§ 23, The record of said company or copies thereof, duly
authenticated by the signatures of the president and secre-
tary, shall be competent evidence in any suit in which said
company may be a party.
§ 24. Each and every member of said company shall be Examination of
entitled to and allowed an examination of the books, papers
and general transactions of said company, upon application
therefor to the secretary.
§ 25. It shall be the duty of the directors to make an an-
nual statement of the aft'airs of the company and publish or
cause the same to be published in one or more newspapers
in Kane county.
§ 26. The individuals named in the first section of this ^^^etorr"'^ °^ *^''
act shall be and they are hereby constituted a board of di-
rectors for said company, to serve as such until the first an-
nual election of directors therein provided for. They shall
have power, if they think fit, to make np their number to
fifteen, as allowed in the third section of this act, from
among the members of said company ; and all vacancies
which may occur in said board, by death or otherwise, may
be filled by the remaining members of said board ; and a
majority of their number, at any time, shall constitute a
quorum for the transaction of business. They may call the
first meeting of the members of said company, at any suit-
able time and place, in the city of Aurora, by advertisement
in a newspaper of the place, giving at least ten days' notice.
They may make and establish by-laws for the government
of said company until the first annual meeting thereof, and
may transact any business necessary to carry into efi'ect the
powers and intentions of this act : Provided, that no policy
shall be issued by this company until applications for insu-
rance to the amount of fifty thousand dollars have been
made to said company ; which fact shall be ascertained by
the president and secretary's oath, before some notary
pubhc in the city of Aurora, and published in the newspa-
per of said city.
§ 27. This act shall take efi'ect and be in force from and
after its passage.
Appkoved JFebruary 22, 1861.
423 INSURANCE COMPANIES. t
In force Ffhruary AN ACT to amend an act entitled "An act to incorporate the Quincy Savings
2-. l**^!' and Insuriiucc Company," approved February Titli, 1853.
Section 1. Be it enacted by the People of the State of
Illinois^ represented in the General Asseinhly^ That the
name of the Quincy Savings and Insurance Company be
and the same is hereby clumged to that of "Quincy Savings
Bank." But under said original corporate name said com-
pany may conduct their insurance business ; and, in such
case, in all proceedings arising out of the same, may sue and
be sued, contract and be contracted with, by and in said
original name ; and, in all cases, securities, of whatever na-
ture, made or to be made to or for the benefit of said corpo-
ration, by whatever name, shall be eltectual, according to
their import, and whether made to secure existing, running
or contemplated liabilities ; and the recording of such secu-
rities shall give them effect against all persons.
Appkoved February 22, 1S61.
In force February AN ACT to amend the charter of the Rock River Mutual Fire Insurance
^^' ^^^^- Company.
Section 1. Be it enacted hy the People of the State of
Illiyiois, represented in the General Assembly, The name of
the Rock liiver Mutual Fire Insurance Company is hereby
changed to " The Rock River Insurance Company ;" by
which name it may hereafter be known and distinguished.
Roni estate, § 2- For the bcttcr security of policy holders the said
ijonds, &c. company may receive guarantee notes or mortgages on real
estate, to be approved by the board of directors or by the
executive committee thereof, to the amount of one hundred
thousand dollars ; the makers whereof shall be paid, in con-
sideration of sucli guarantee, a compensation, to be deter-
mined by the board of directors or executive committee, but
not to exceed ten per cent, per annum. Such notes or
mortgages shall be entitled to representation in the election
of directors, in the ratio of one vote for every one hundred
dollars, and shall be liable for the losses and expenses of
the company whenever the cash premiums and premium
notes are insufficient to pay the same. Scrip certificates
may be issued fur such guarantee funds, transferable only
on the books of the company.
§ 3. Any person applying for insurance in said compa-
ny, so electing, may pay a definite sum in money, to be
Hxed by said company, in full for said insurance, in lieu of
a lu-emium note, and shall not be liable to the payment of
any further sum.
IJS^SUKAJTCE COMPANIES. 423
§ 4. Nothing in this act conidnecl shall in any wise be
construed to impair or interfere with any contracts or in-
debtedness, due or to grow due, to or from the corporation
created by the act to which this is an amendment.
§ 5. This bill to take eitect on and after its passage.
ArPKOVED February 16, 1861.
AN ACT incorporating the Rocli Island Insurance Company. In force February
22, ISOl.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That William
Bailey, Henry C. Blackburn, Napoleon B. Buford, Ben.
Harper, Reuben Hatch, Charles Buford, Herman Field and
Philomen L. Mitchell, be and they are hereby created a
body politic and corporate, under the name and style of
"The Rock Island Insurance Company, of Rock Island;" Name,
and, as such company, shall have perpetual succession, and
shall have power to sue and be sued, plead and be impleaded
unto, answer and defend, in any and all the courts of law
and equity in this state.
§ 2. The capital stock of said companj^ shall be five Amount of capita
hundred thousand dollars, to be subscribed and paid for in ^'°'^''"
the following manner : Any three of the above named
persons are hereby authorized to open books of subscription,
in the city of Rock Island, at such time and place as they
may think proper, after having given twenty days' notice
of the same in any of the newspapers published in said city,
and shall keep the said books open at least three days, and
imtil one hundred shares shall be subscribed, when they
shall give six days' uotice, by publication, as aforesaid;
and the subscribers to the capital stock shall meet and choose
five directors, who shall reopen the subscription books, to
remain open until the entire capital stock shall be subscribed.
§ 3. The subscribers to the capital stock of said com- corporate row-
pany, their successors and assigns, may have and use a *"'■
common seal, which they may alter and change at pleasure ;
may also make, establish and put in execution such by-laws
ordinances and regulations as shall, in their opinion, be
necessary to the good government and management of the
afiTairs of the company, not repugnant to the laws and con-
stitution of this state.
§ 4. The corporation hereby created shall have full power ^'^^'''""*= f^^'^^-
and authority to take all marine risks of any kind and nature
whatsoever, and to make insurance upon inland navicration
and transportation against losses by fire, and of buildincrs
and all other property whatsoever, and to make all kinds of
insurances upon lives, and all such insurances as they may
INSUKANCE COMPANIES.
Paymtnt on siib'
gcriiitions to
stock.
deem proper ; and also to receive money on deposit and to
loan the same, and also their surplus or unemployed capital
or money, on personal, real or other security, at such rates
of interest as shall be allowed by the laws of this state, and
to lend, upon resj)ondentia and bottomry, to companies,
corporations and individuals, upon such security as they
shall think proper. They may also cause themselves to be
insured or reinsured against any or all risks upon which
they may have made insurance, and also upon all property,
of every kind, or any interest therein, owned by said com-
pany or held by them as security ; and, in general, to do
and perform all necessary matters and things relating to or
connected with these objects, or, either of them.
§ 5. The payment of the capital stock subscribed for
shall be as follows : At the time of subscribing there shall
be paid the sum of one dollar upon each share so sub-
scribed ; and the balance due upon each share shall be
subject to the call of the directors, under such penalties as
its board of directors may appoint and order, and shall be
secured to be paid, on demand, by approved notes, hypothe-
cated stocks, mortgages on real estate, or other satifactory
security.
§ 6. The affairs of said company shall be managed by
five directors, who shall be stockholders, and shall be chosen
annually, by the stockholders, at such time and place, in the
city of Rock Island, as the first five directors above chosen
may direct ; and shall hold their offices for one year, and
until their successors are chosen. Ten days' notice of such
election shall be given, by publication, and shall be held
under the inspection of three stockholders, previously
selected for the purpose by the directors, and shall be made
by ballot, by a plurality of the stock represented, allowing
one vote for every share; and stockholders not personally
present may vote by proxy, made in writing, directly to the
persons representing them at such election. In case that it
shall happen, at any time, that an election of directors
should not be made on any day when, pursuant to this act,
it should have been made, the said company shall not be
dissolved for that cause, but it shall be lawful to make and
hold such election on any other day.
§ 7. The directors of said company shall, as soon as may
be after their election, in each year, proceed to choose out
of their body one person to be president, whose duty it
shall be to sign all policies ot insurance, contracts, certifi-
cates and other contracts, in writing, of said company;
which said contracts, policies and certificates shall be coun-
tersigned by the secretary. Any three directors, so chosen,
as aforesaid, shall be a quorum to do business, and shall
choose a secretary for such length of time and for such
salary as they shall see fit; and may also appoint such
INSURANCE COMPANIES. 425
clerks and other servants as they may think proj^er, to assist
in the performance of the duties of said company.
5 8. The stock of said corporation shall be considered Transfer of
iini- 11 1 <»ii Block.
personal property, and shall be assignable and transierable,
according to such rules and restrictions as the board of
directors shall, from time to time, make and establish. The
said corporation may purchase, hold, sell and convey, at
their pleasure, all such real estate as may be deemed neces-
sary for the transaction of its business, not exceeding, at
any one time, thirty thousand dollars ; and to take and hold
any real estate, mortgaged or pledged as security 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 decree in court or equity, or otherwise, and to take
and hold any real estate or other property in payment or
towards satisfaction of any debt due to said company, and
hold the same until they can advantageously dispose of the
same for money.
§ 9. The said company shall have full power and usc of funds,
authority to deposit any portion of their unemployed capital
or other funds, at any time in their possession, with any
corporation, company or individual, in any section of the
United States, and to use the same as they may think proper,
in order to facilitate exchanges and to do and perform all
such acts and things as may be requisite in all such transac-
tions, and for the best interests of said corporation.
§ 10. This act is hereby declared a public act, and the
same shall be construed liberally for the beneficial purposes
herein granted, and the corporation hereby created shall
take effect and be in force from and after the passage thereof.
Appkoved February 22, 1861.
AN ACT to amend an act entitled " An act to incorporate the Stephenson in force February
County Mutual Fire Insurance Company," approved February 12th, 1853. 20, 1861.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That it shall
be lawful for the Stephenson County Mutual Fire Insurance Amount of capi-
Company, for the better security of policy holders in said '''' '*'"'"'^'
company, to add a stock capital of not less than fifty thou-
sand dollars, divided into shares of one hundred dollars
each, which may be increased to four hundred thousand
dollars. The stock shall be deemed personal property, and
transferred only on the books of the company ; and no
stockholder shall be permitted to transfer his stock while
he is indebted to the corporation,
—37
INSUKANCE COMPANIES.
§ 2. The executive committee of said company are here-
l)y appointed commissioners for prociirinfj^ said stock capi-
tal ; and wlien iifty thousand dollars shall have been sub-
scribed and one dollar on each share of stock paid on sub-
scription to said commissioners, they shall call a meeting of
the directors of said company, when the directors shall vote
for the amendment or against the amendment ; and if a
majority shall vote for the amendment said company shall
be entitled to all the benefits of the provisions of this act.
§ 3. When the board of directors shall have accepted
this amendment, as provided in section two, they shall call
in, by personal or public notice, of at least ten days, such an
amount of the stock capital as they may deem expedient, not
exceeding nine dollars on each share, which, together with
the amount paid to the commissioners, shall constitute the
first installment on the stock capital, and shall recpiire the
residue of said stock to be secured by good and legal stock
notes, secured to the satisfaction of the executive committee
of said company ; and if, at any time, the directors or exec-
utive committee shall consider any of the stock notes inse-
cure they shall have power to require additional security on
the same, after notice, under such penalties and forfeitures
as they may provide in their by-laws.
§ 4. The capital of said company shall consist of the
capital stock and the premium notes held by said company
as part consideration of policies of insurance, issued by said
company ; and said company may issue policies of insu-
rance, not exceeding one-tenth the amount of the capital of
said company in any one risk, and charge and receive such
premiums therefor as may be agreed by and between the
parties, either upon the mutual or stock principle, or both,
and may cause themselves to be reinsured against any risk
cm whi.'li they have made insurance.
§ 5. Suits at law may be maintained by this company
by a member or members against any of its members or
stockholders ; and suits may also be maintained by any
member or stockholder against this company ; and in any
suit against this company any member or stockholder shall
be admitted as a competent witness for and in behalf of this
company, except in suits in which he or she shall be direct-
ly a party.
§ 6. Whenever an assessment is made on any premium
note given to this company for any risk taken by this com-
■|iany, or as a consideration for any policy issued or to be
issued by this company and an action is bronght for the re-
covery of such assessment or note the certificate of the
t-ecretary of said company, under the seal thereof, s])ecify-
ing such assessment or note and the amount due said com-
pany on such note or notes, shall l)e taken and received
rs prima facie evidence thereof, in all courts and places
whatsoever.
INSURANCE COMPANIES. 427
§ 7. Every person or persons insured in and by said
company, upon the mutual plan, shall be deemed members
of said company ; but those insured upon the stock plan
shall not be members. So much of the act to which this
is an amendment as is inconsistent with this act be and the
same is hereby repealed,
§ 8. At the election for directors each member shall be Elections and vo-
entitled to one vote for each mutual policy held, and in *^"°'
force, by him, her or them ; and each stockholder shall be
entitled to one vote for each share of stock held by him, her
or them, either in person or by proxy ; but said company
may determine, by their by-laws, the amount of evidence
to be required in the execution of proxies. The directors
shall be stockholders at the time of their election and resi-
dents of this state, and shall hold their office until others
are chosen to suppl}^ their places.
§ 9. The directors shall, after receiving notice of any Adjustment of
loss or damage uj)on property insured in and with said *°^^^^'
company or after the rendition of any judgment against
said company, for such loss or damage, provided the cash
fund received for insurance by the said company in the
class in which said loss or damage occured should not be
sufficient to pay said loss or damage, the directors shall set-
tle and determine the sums to be paid by the several mem-
bers belonging to the class in which the loss occurred as
their respective proportion of such loss or damage ; and the
sum to be paid by each member shall be in proportion to
the original amount of his, her or their premium note or
notes ; and in case the cash premiums, together with the
premium notes received for insurance, shall not be sufficient'
to pay all losses and expenses, in either class or department,
the stock capital shall be applied to make up the deficit ;
and in case of any loss or losses, whereby the stock capital
of said company shall be lessened before all installments are
paid in, each stockholder's estate shall be held accountable
for the installments that remain unpaid on his, her or their
share or shares at the time of such loss or losses taking
place, and no more ; and no subsequent dividend shall be
made until the sum arising from the profits of the business
or additional installments on the stock capital shall be paid
said comjiany, equal to such diminution. Any director,
agent or other person who shall collect or receive any
money or other valuables and shall not account for and pay
over the same, when requested by said company, any such
director, agent or otlier person, on conviction of the same,
shall be deemed guilty of embezzlement.
§ 10. The corporate name of this company shall here- Corporate name.
after be "The Stephenson Insurance Company;" and by
that name and style shall be capable in law or equity of
pleading and being impleaded; and shall have perpetual
succession, in all cases, courts and places whatsoever. All
■i^S IN8UKANCE COMPANIES.
premium notes or other demands or judgments payable to
or in tavor of the Stephenson County Mutual Fire Insur
ance Company shall he and are hereby made payable to
the Stephenson Insurance Company, but nothing herein
contained shall aflect the rights or privileges of those insu-
red in said company before the passage of this act or impair
the obligation of any contracts made or entered iiito by and
with said original corporation.
Real estate. §11- Said Corporation may purchase and hold such real
estate as may be convenient for the transaction of its busi-
ness, and also to have and hold any real estate as security,
by mortgage or otherwise, to secure the payment of debts,
due in good faith to said company, either for shares of stock,
capital or otherwise; also to purchase real estate, at any
sale, in virtue of any judgment at law, decree in equity, or
deeds of trust, in favor of said company.
Dividends. ^ 12. It shall bc lawful for said company to make divi-
dends of the interest received from the investment of their
stock capital or cash surplus, also to make dividends of so
much of their profits arising from the business of said com-
pany as to them shall seem advisable.
§ 13. The alfairs of said company shall be managed by
^tors^ ° "^''' a board of directors, consisting of not more than forty nor
less than five stockholders ; and said company may deter-
mine, by their by-laws, the number of directors that shall
constitute a quorum for the transaction of business.
Taxes. § 14. The Capital paid in on the stock and the real and
personal property of said company shall be liable for the
payment of taxes in the town or city where the same may
, be located ; but no stockholder shall be liable for the pay-
ment of taxes on the same stock held by him .which shall
have been assessed to said company. This amendment
shall be void and of no effect, unless the stock capital shall
be taken and the amendment accepted, as provided in sec-
tion two of this act, within two years after the passage of
this act. All process against said company shall be served
up(m the president or secretary of said company. Tlie re-
cords of said company or copies thereof, duly authenticated,
by the signature of the president and secretary, shall be
competent evidence in any suit in which said company
may be a party.
§ 15. This act and the act to which this is an amend-
ment shall be and they are hereby declared to be public
acts ; and the same shall be construed liberally, for all the
purposes therein granted. This act shall take effect and be
in force from and after its ])assage.
Approved February 20, 1861.
INSURANCE COMPANIES. 429
AN ACT to incorporate the Tornado Insurance Company. Xn force Fehraary
22, IStil.
WiiEKEAs our state and county lias, during the last few
years, been visited with extensive and destructive torna-
does, destroying large amounts of property for our citi-
zens; and whereas there aro no insurance companies
doing business in this state, organized for the purpose of
issuing policies of indemnity against loss by tornadoes,
storms and wind ; therefore,
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the Gfeneral Assembly, That Loyal
L. Munn, James Mitchell, George F. De Forest, Henry II.
Taylor, Thomas J. Turner and John E.. Lemon, and their
associates, successors and assigns, be and they are hereby
incorporated into a body corporate and politic, by the name
and style of "The Tornado Insurance Company," and for Name, objects
the term of fifty years, from the passage of this act, for the ^'^ piwiege>,.
purpose of insuring buildings and other property against
loss or damage by tornadoes, storms and wind ; and by that
name may sue and be sued, plead and be impleaded, appear,
prosecute and defend, in any court of record, or other place
whatsoever; may have and use a common seal; may pur-
chase and hold such real and personal estate as may be
necessary or convenient to efi'ect the objects of their associa-
tion, and they may sell and convey the same, at pleasure ;
and may make, establish and put in execution such by-laws,
ordinances and resolutions as may seem necessary or conveni-
ent for their regulation any government and for the man-
agement of their afi'airs ; and do and execute all such acts
and things as may be necessary to carry into full effect the -
purposes intended by this charter.
§ 2. That all and every person or persons, who shall at Members of the
any time become interested in said company, by insuring '^"'"i"'"^-
therein, and also their respective heirs, executors, adminis-
trators and assigns, continuing to be insured therein, shall
be deemed and taken to be members thereof, for and during
the term of five years, from the date of the commencement
of their respective policies, and shall be bound to pay their
proportion of all losses and expenses, as hereinafter provi-
ded; but any member may, at any time, surrender his policy
and have the same canceled, by paying his proportion of all
losses and expenses up to the time of such surrender, and be
released from any further liabilities.
§ 3. Each member of said company shall, at the time of Amount ta be
applj'ing for insurance, pay forty cents on each one hundred
dollars insured, and is also hereby bound to pay his propor-
tion of all losses and expenses happening or accruing in
and to said company during the time specified in their
respective policies: Provided, however, that such losses and
expenses shall not exceed ten per cent, of the amount
insured, in addition to the forty cents on each one hundred
4:30 INSURANCE COMPANIES.
dollars paid at the time of insuring. And all buildings
insured by and with said company, together with the right,
title and interest of the insured to the lands on which they
stand, shall be pledged to said company; and the said com-
pany shall have a lien thereon, against the assured, during
the continuance of his, her or their policies, for the payment
of his, her or their proportion of the losses and expenses
aforesaid.
Sale of insured § ^- When any property insured by this company shall
property. ]jq alienated, by sale or otherwise, this policy shall thereupon
be void ; but in such cases it shall be lawful for such assured
to assign and deliver to the purchaser or purchasers such
policy of insurance, and such assignee or assignees shall
have all the benefits of such policy, and may bring and
maintain a suit thereon, in his, her or their own names :
Provided, that before any loss happens he, she or they shall
obtain consent, in writing, of the secretary of said company
to such assignment, and have the same indorsed on or
annexed to the said policy of insurance.
Capital stock. § 5. The capital stock of said company shall consist of
the ten per cent, lien said company has, by virtue of this
charter, against the members thereof.
§ 6. The board of directors may invest and employ the
funds of said company in such a way and manner as the
interest and welfare of the company may require: Provided,
they do not engage in any banking operations.
Place of business. § 7. The busincss of Said company shall be carried on
at such place in the city of Freeport as the directors may
determine, and at such other places, by agency, as said com-'
pany may elect.
Manner of ma. § 8. Said compauy may insure property at its full cash
king insurances, y^lne, and if the property is not insured at its full cash
value this companj'- shall not be liable to pay any greater
proportion of the loss or damage than the amount insured
thereon shall bear to the whole value of the property insured
and at risk at the time of the loss or damage; but if insured
at its full cash value said company shall pay the full amount
of the loss or damage within or at the end of ninety days
after the receipt of fall and satisfactory proofs ; or said
company may rebuild or repair the building or buildings,
within a reasonable time, and replace the articles lost or
damaged with others of the same kind and equal goodness,
by giving notice of their intentions so to du within thirty
days after having received the preliminary proofs of the
loss; and if the party is not satisfied with the determination
of the directors in relation to his, her or their loss, he, she
or they shall bring an action against said company for said
loss or damage, at the next court to be holden in and for
the county of Steplienson, and not afterwards, unless said
court shall be holden within sixty days after said deter-
mination ; but if holden within that time then at the next
INSUEA2JCE COMPANIES. 431
court liolden in said connty thereafter; and if upon trial of
said action a greater sum shall be recovered than the amount
determined upon hy the directors the party snfl'erin j- shall
have judgment theretbr against said company; bnt if no
more shall be recovered than the amount aforesaid the said
party shall become nonsuit, and the said company shall
recover their costs: Provided^ hoioeveo\ that the judgment
last mentioned shall in no wise afiect the claim of said sutier-
ing party to the amount of loss or damage, as determined
by the directors aforesaid : And, jprovided, also, that execu-
tion shall not issue on any judgment against said company
nntil after the expiration of three months from the rendition
thereof. All process against said company shall be served
upon the president or secretary of said company.
§ 1). The business of said company shall be managed by ^^^^^^ °f ^^'lec-
a board of directors, of not less than seven nor more than
sixty; and, when said board shall consist of over twelve,
seven shall form a quorum for the transaction of business.
The individuals named in the first section of this act shall
be and they are hereby constituted a board of directors for
said company, to serve as such until the first election of
directors, as herein jDrovided for. They shall, if they think
proper, have power, at any time, to make up their number
to sixty. And all vacancies which may occur in said board,
by any cause, may be filled by the remaining members of
said board; and they may transact any business necessary
and proper to carry into eflect the provisions and intentions
of this act: Provided, however, that no policy shall be issued
by said company until application has been made for insu-
rance in said company on at least fifty thousand dollars
worth of property.
§ 10. In default of the payment of any assessment which ^j^°"^5%'
may be made upon the insured, or in case of the assignment
of the policy, upon the assignee for thirty days, after notice
shall have been given to the insured of such assessment,
either personally or by depositing such notice in some post
oflice, addressed to the insured or the assignee or assignees
of the insured, at his, her or their j^ostofiice address, then
the policy shall be of no force or effect so long as such
assessment shall remain unpaid. Whenever an assessment
is made and an action is brought for the recovery, of such
assessment the certificate of the secretary of the company,
under the seal thereof, specifying such assessment and the
amount due the company by means thereof, shall be taken
and received as ^:»rma facie evidence, in all courts and
places whatsoever.
§ 11. The directors of said company may, whenever the construction
ten per. cent, lien upon the property insured with said com- ^^'''^'"s^-
pany shall amount to one hundred thousand dc'llars, or
before, if it should be thought expedient, build or cause tQ
be built or procure, for the use of said company, a fire proof
j-nient
assessiufiits.
432 INSURANCE COMPANIES.
buildino;, suitable for the transaction of business and for the
preservation of the funds and other property behjngin^ to
said company from destruction, by reason or means of tire;
and, for the purpose of providing said building, the directors
may assess the members of said company, not exceeding
one-iifth of one per cent., on the amount insured in any one
year; and it shall be the duty of the directors to keep said
building in proper repair, and to renew the same, in whole
or in part, as they may think necessary or ex])edient.
Annual meeting. § 1^- There shall bc a meeting of said company at Free-
port, in the county of Stephenson, and state of Illinois, on
the tirst Monday of January, annually, or on such other day
as the directors ma}' hereafter determine, at which first
annual meeting shall be chosen, by a majority of the votes
cast, either by the members present or by proxy, a board of
directors, consisting of not more than sixty nor less than
seven, as the directors of said company'- shall before deter-
mine; which directors, so chosen, shall continue in ofiice
until others have been chosen and accepted the trust, in
their stead; and at such election each member shall be
entitled to one vote for each one hundred dollars by him,
her or them insured, either in person or by proxy. In all
vacancies happening to said board, whether by removing
from the state, dying, refusing or neglecting to act for and
during the space of three months, successively, then and in
va-ancies in of- evcry sucli casc another director may be chosen in the place
fi<>e. of each director so removing, dying, refusing or neglecting
to act, as aforesaid, by a majority of the directors present at
any resrular meeting. At the first regular meeting the board
of directors shall class themselves, by lot, into three classes
of an equal number each, the term of whose service shall
• res23ectively expire as follows : the first class in one year,
the second class in two years, and the third class in three
years; and they shall hold their office until their successors
are elected.
§ 13. Said company may make insurance for five years;
and any policy of insurance issued by said company, signed
by the president and countersigned b}' the secretary, shall
be deemed valid and binding on said company, in all cases
where the insured has a title, in fee simple, unincumbered,
to the building or buildings insured and to the land on
which tlie same stand and has the absolute, unqualified
ownership of the other property insured. But if the insured
has a less estate therein or if the premises be incumbered
the policy shall be void, unless the true title of the insured
be expressed therein.
8 14. The board of directors shall elect a president, vice
hoai-.i. ]iresident, secretary and treasurer, who shall hold tlieir
i'os])ective offices one year and until others are elected in
their ])laces; and they shall also have the power to appoint
INSUKANCE COMPANIES. 433
subordinate oflBcers and to fix their compensation, define
their powers and prescribe their duties.
§ 15. In all suits, by or against said company, any mem- stJtsatiaw.
ber of said company shall be a competent witness, except in
suits in which he or she shall be directly a party, provided
that such person shall not be otherwise disqualified.
§ 16. The directors of said company shall make an annual *nnuai state-
report of the business and standing of said company, a copy ™^° "
of W'hich shall be furnished the general assembly.
§ 17. This act is hereby declared a public act, and shall
take efi'ect from its passage, and shall be liberally construed,
ftwr every purpose herein contained.
Appkoved February 22, 1861.
AN ACT to amend an act entitled "An act to incorporate the Union Insu- In force February
ranee and Trust Company. 22, 1S61.
Section 1. Be it enacted ly the People of the State of
Illinois^ represented m the General Assembly, That the
Union Insurance and Trust Company may transact the busi- piace of business
ness of marine and inland insurance, charging and receiving
premiums therefor, as may be agreed upon ; that any part
of the business of said company may be transacted in the
county of Cook as well as in the county of Union ; and the
principal ofiice of said company may, if the directors so
choose, be located in Chicago ; and that the capital stock
of said company may be increased to five hundi-ed thousand
dollars.
§ 2. This act shall take efi'ect and be in force from and
after its passage.
Approved February 22, 1861.
>iN ACT to incorporate the Winnesheik Insurance Company. In force February
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That from
the time tliis act shall take effect, J. Wilson Shafier, Smith corporate name
D. Atkins, W. S. Gray and Charles L. Currier, and all other ^"'ip°^^"-
persons who may hereafter associate with them, in the man-
ner herein prescribed, shall be a body politic and corporate,
by the name and style of " The Winnesheik Insurance Com-
pany •," and by that name may sue and be sued, appear,
prosecute and defend, in any court of record or other court
—38
INSUKA^CE COMPAOTESu
of tXte
Uaies of iasQ-
rance.
or place ■u-licatsoever; may have and use a common seal, and
alter and renew the same at pleasure ; may purchase and
hold sucli real and personal estate as may be necessary to
effect the objects of their corporation and association, and
pell and convey the same, at pleasure ; may make and es-
tablish such by-laws, ordinances and resolutions, not being
contrary to the laws of this state or of the United States, as
may seem necessary or convenient for their regulation and
government and for the management of their affairs ; and
clo and execute such acts and tilings as may be necessax}' to
carry into effect the purj:)0ses in this act
§ 2. All persons who shall at any time be insured in this
company shall be members thereof, during the continuance
in force of their respective policies, and no longer, and shall,
at all times, be bound by the pro'sasions of this act.
§ 3. The affairs of said company shall be managed by a
board of directors, to consist of not less than five nor more
than fifteen members, as may be regulated by the by-laws
of said company. Said directors shall be chosen, by ballofc,
from among the members of said company ; and a majority
of the whole board shall constitute a quorum for the transac-
tion of business. The executive committee of said company
shall possess all the powers of the board of directors, when
the board is not in session.
§ 4. The board of directors shall elect a president, vice
president, secretary and treasurer, who shall hold their re-
spective offices for one year, or longer, as may be pre-
scribed by the by-laws of said company, and until others are
chosen in their places. The board of directors shall also
appoint an executive committee, to consist of three directors.
Subordinate officers, agents and examiners may be appoint-
ed by and in the manner prescribed by the by-laws of said
company.
§ 5. This company may make insurance on all descrip-
tions of property against loss or damage by fire, lightning,
Avind and the risks of inland navigation and transportation,
and may cause themselves to be reinsured upon the whole,
or any part, of any risk on which they may have made in-
surance.
§ 6. The rates of insurance shall be fixed by the board
of directors or executive committee of said company. Pre-
mium notes may be received from the insured; which shall
be paid at such time or times and in [such] sum or sums as
the directors shall require for the payment of losses and ex-
penses. Any person applying for insurance may pay a
definite sum of money, in full for said insurance, and in lieu
of a premium note. The cash premiums, together with the
premium notes, shall constitute the capital stock of said com-
]^any, which may be increased by a guarantee capital, as here-
inafter provided.
INSUEANCE 00MPA2n3;S. 435
§ 7. The directors of said company may levy an assess- Aaaeasinents.
ment upon the premium notes, at any time they may deem
it necessary for the payment of losses and expenses,
§ 8. The members of this company shall be and are Payment of inss-
hereby bound to pay their proportion of all losses and ex- ^'
penses happening and accruing during the time for which
their policies were issued and in force and to the amount of
their premium notes, and no more ; and said company shall
[have] a lein on all buildings insured, including the rights,
title and interest of the insured to the lands on which saicl
buildings are situated, for the payment of said premium
notes.
§ 9. All statements made in any application for insu-
rance shall be binding upon the insured and a warranty up-
on his, her or their part.
§ 10. Whenever any assessment is made upon any pre^ ^^^^^°* °^
mium note given to said company, and the maker thereof
shall neglect or refuse to pay the amount claimed by said
company for the space of thirty days after notice of such
assessment, which notice shall be given in the manner pre-
scribed by the by-laws of said company, liis, her or their
policy shall become null and void and of no efi'ect, and ac-
tion may be brought at law, for the whole amount of pre-
mium note ; and in case an action is brought for the recove-
ry of any assessment due said company the certificate of the
secretary of said company, stating the amount of such assess-
ment, shall be taken and received a.8 prima facie evidence
in all courts and places whatsoever.
§ 11. The persons named in the first section of this act Eiecflon of diiec-
shall be and they are hereby constituted a board of direc- ^"^^
tors for said company, to serve as such until the first annual
election of directors herein provided for and until others are
chosen. The directors of said company shall be elected on
the first Monday in June, of each year ; and such election
shall be held at the office of said company, at such hour of
the day as the directors or executive committee of said com-
pany may appoint. Such election shall be held under the
inspection of three members of said company, to be appoint-
ed previous to every election, by the executive committee of
said company. Such election shall be made by a plurali-
ty of the votes of the members present or their proxies, al-
lowing one vote for each policy held and in force or share of
guarantee stock held. The directors or executive committee
are hereby authorized, at any of their meetings, to provide
a form for the appointment of proxies, and to specify the evi-
dence that may be required of the execution thereof,
§12. All meetings of the board of directors and execu-
tive committee to be called in the manner prescribed by the
by-laws of said company.
§ 13, This company shall have power to issue policies
for any term of years, not exceeding ten.
LEVEES.
and § 1-i. The secretary of said company may appoint a dep-
uty, whose powers shall be set forth in his certificate of ap-
pointment and entered upon the record books of said com-
pany.
3. § 15. The said company, through its officers or board of
directors, may invest, loan and employ the funds of the
company, in such way and manner as they may judge that
the interest and welfare of the company may require ; but
nothing contained in this act shall be so construed as to al-
low this company any banking privileges, or issue any cer-
tificates of deposit, to circulate as may money or currency.
§ 16. The home office of said company shall be in the
city of Freeport, in the county of Stephenson, and state of
Illinois. Said company may do business in any other place,
by agency,
§ IT. If it shall so happen that the election of directors
of said company shall not be held on the day when, pursu-
ant to this act it ought to have been made or held, this com-
pany, for that cause, shall not be deemed to be dissolved,
but it shall be lawful, on any other day, to make and hold
an election, notice of which shall be given in a manner pre-
scribed by the by-laws of said company.
§ 18. For the better security of policy holders the said
company may receive guarantee notes or mortgages on real
estate, to be approved by the b<xTrd of directors or by the
executive committee thereof, to the amount of one hundred
thousand dollars, the makers whereof shall be paid, in con-
sideration of such guarantee, a compensation, to be deter-
mined by the board of directors or executive committee, but
not exceed ten per cent, per annum. Such notes or mort-
gages shall be entitled to representation in the election of
directors, in the ratio of one vote for every one hundred
dollars, and shall be liable for the losses and expenses of the
company, whenever the cash premiums and premium notes
are insufficient to pay the same. Scrip certificates may be
issued for such guarantee fund, transferable only on the
books of the company.
§ 19. This act shall be deemed a public act, and be
liberally construed for the purposes therein mentioned, and
be in force on and after its passage.
Approved February 18, 1861.
In force February
21, 1861.
AN ACT to incorporate the iTarrisonvillo Levee and Drainage Company.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assenwly^ That tlie
owners of land, and those who may become such, in that
LEVEES. 437
portion of tli§ American Bottom, in Monroe county, lying
and being situate in all that district of the said American
Bottom included in the metes and bounds following, that is
to say : Beginning at the bluff, on the north boundary line
of section No. 6, in township No. 2 south, of range No. 10
west ; thence, northwestwardly, to the Mississippi river, at
a point two miles north of the place of beginning ; thence,
down the said river, on the east bank thereof, to a point one
mile below the south boundary line of claim No. 1753,
survey No. 706 ; thence, eastwardly, and parallel with said
boundary line of said claim and survey, to the foot of the
blutf ; thence, along the foot of the bluif, to the place of
beginning, are hereby constituted a body cor^^orate and
politic, by the name and style of "The Harrison ville Levee Name.
and Drainage Company ;" and by that name shall have
perpetual succession, and may have a common seal, and
make and alter the same at pleasure ; they shall have power
to contract and be contracted with, to sue and be sued, to
plead and be impleaded, and to do and perform, in their cor-
porate name, all such acts and things as are or may become
necessary for the accomplishment of the purposes of this act
of incorporation, as fully and completely as a natural person
might or could do.
§ 2. The object and purposes of this act of incorpora- Drainage,
tion shall be the draining of the lands w^ithin said district,
and to prevent the inundation thereof, or such portion or
portions of the same as the said corporation may deem sus-
ceptible of drainage and protection from inundation ; for
the furtherance of which object and purposes the said com-
pany are hereby empowered to make by-laws, not inconsis-
tent with the constitution of the United States, and the con-
stitution and laws of this state, and which shall be binding
alike upon said company and those who contract with them. Divisions.
§ 3. That part of said district lying north of township
No. 3 shall constitute the north division ; that part situated
in township No. 3 shall constitute the middle division; and
that part south of township No. 3 shall constitute the south-
ern division of said district. And at no election for levee
commissioners shall any vote be counted for more than two
persons from the north or middle division, or more than one
person from the southern division.
§ 4. The corporate powers of said company shall be ^^y^^ commis-
vested in five levee commissioners, who shall be owners of
land in said district, and shall be elected in the manner
hereinafter provided. They shall hold their offices for two
years, and until their successors are elected and qualified,
and shall, severally, make oaths, before some ofiicer author-
ized to administer oaths, that they will faithfully, lionestly,
and to the best of their ability, discharge the duties of said
ofiice of levee commissioner. The said levee commission-
ers, before entering upon their duties, shall severally enter
■ioo LEVEES.
into bonds, in the sum of two thousand dollars, payable to
the people of the state of Illinois, for the use of the Ilarri-
sonville Levee and Drainage Company, conditioned fur the
faithful application of the moneys of said company, and the
discharge of the duties of said office — a copy of which bond
shall be filed in the office of the clerk of the county court
of said Monroe county, and by him recorded. Any three
of said commissioners shall constitute a quorum to do busi-
ness ; and in case of any vacancy in the said office of levee
commissioners, from any cause, the said levee commission-
ers shall have power to till such vacancy until the next reg-
ular election.
President. § 5. The Said levee commissioners shall appoint one of
their number president, whose duty it shall be to preside
over their deliberations, and in the absence of whom they
shall appoint one of their number president pjv tern. The
said commissioners shall appoint a secretary, a treasurer
and a collector, who may or may not be of their number,
and who shall, severally, enter into bonds, in a sum sufficient
to tully indemnify said company against loss by reason of
their failure to discharge the duties of their respective
offices. The said levee commissioners may appoint such
subordinate officers and agents as they may deem necessary
to effectually carry out the purposes of this corporation, and
may require land [bond] for the faithful discharge of the du-
ties of such subordinates or agents. In no case shall either of
said levee commissioners, the treasurer, secretary or collector
of said companj^, be interested in any contracts for or letting
of work to be done by said company, under penalty of for-
feiture of their respective offices, and the payment of the
sum of two hundred dollars, to be recovered, by action of
debt, in the said corporate name, before any court having
jurisdiction thereof.
consti-uction of § 6. Saicl corporation is authorized and hereby em-
Ac. ^' "' powered to survey, locate, construct and complete dikes,
ditches, levees, embankments, culverts, roads, bridges,
guard-locks and dams; to change, clear out obstructions in
or widen the channel of any creek, and to keep the same in
repair, over, upon, through or across any lands lying within
said district ; and shall have power to survey, locate and
construct their works over, under and across any public or
other road, which now is or may hereafter be laid out or
constructed in said district; and, for such purpose, shall
have the right of way upon, and may a})propriate to the
use and purposes contemplated herein, all the lands, stone,
timber and luaterials, of every kind, necessary for the loca-
tion, construction and alteration of said dikes, ditches,
levees, embankments, culverts, bridges, locks and roads,
and for the maintenance and repairs of the same.
lUgiJiofTsy. § 7. Said corporation is empowered to condemn lands
and materials, for the purpose of the construction of said
LEVEES. 439
works, and for the purpose of keeping the same in repair,
in the mode and manner now provided by law for obtaining
the right of way, approved March 3rd, 1845 : Provided^
that any appeal from such condemnation shall not hinder
the use and occupation of such lands or materials so con-
demned, upon the said corporation giving security, to be
approved by the clerk of the court to which said appeal is
taken, to abide by and pay such damages as may be assessed
against said company.
§ 8. • The said corporation may, in its corporate name, ^^^ estate
receive, take and hold, either by gift, purchase, devise,
bequest or otherwise, any real or personal estate, for the use
and advancement of the purposes of said corporation, and
may, in their corporate name, mortgage, sell and convey
any real estate by them held, whether the same be pur-
chased, given, devised, bequeathed or conveyed directly to
said corporation, or to any of its officers for the use of said
corporation : Provided^ tiiat the real estate sold by said
corp.'iation, at any one time, shall not exceed in value the
sum of one hundred thousand dollars,
§ 9. The said company shall have power to borrow ^o"owi.«g '^ ™o-
money, on the credit of the company, at any rate of interest "*^'
not exceeding ten per cent, per annum ; but the indebted-
ness of said company, for borrowed money, shall at no time
exceed the sum of three thousand dollars.
§ 10. The said Harrisonville Levee and Drainage Com- i^mng of bonds.
pany may issue bonds, with interest coupons attached, not
exceeding the sum of one hundred thousand dollars, and
secure the payment of the same by mortgage or deed of
trust on the whole or any part of the franchise, property
and income of said company, then existing or thereafter to
be acquired ; such bonds to be redeemable not more than
twenty-five years after date, and to bear interest, joayable
annually, at a rate not exceeding ten per cent, per annum ;
which bonds may be sold by said company, at such times
and at such places, either within or without this state, and
at such rates and for such prices as, in the opinion of the
levee commissioners, will best advance the interest of the
said company; and if such bonds, or any of them, are thus
neglected, or sold for less than their par value, such sale
and disposition thereof shall be as valid and binding on the
company, in every respect, as if they were sold or disposed
of at their par value.
§ 11. The said levee commissioners shall keep a journal Records,
of their proceedings, and for that purpose shall provide a
well bound book, to be styled " The Levee Commissioners'
Journal," in which they shall cause their secretary to record,
at length, the proceedings of their board ; and the transac-
tions of each day on which the said board may be in session
shall be signed by the president, as an evidence of the cor-
rectness thereof. They shall provide themselves with a
■±-±^ LEVEES.
well bound book, to be styled " Levee Commissioners'
Record," in- wliicli they shall cause to be recorded all bonds
given to said corporation, or for the use thereof, all contracts
made iiy or with said company, and all bonds or evidences
of indebtedness of the said company, and such other mat-
ters or instruments of writing as the said board of levee
commissioners maj^ from time to time, direct; and they
shall also provide themselves with a suitable book, to be
styled " Levee Tax Book," in which shall be recorded a
correct list of each tract of land in the said district, the
description thereof, the number of acres in each tract, and
the name of the owner thereof, if known ; noting such
tracts or -what part of any tract is not susceptible of drain-
age by the works contemplated in this act; the amount and
date of the assessments made upon each tract of land within
said district ; a list of all delinquent lands upon wliich the
taxes levied thereon have not been paid within the time
prescribed by this act ; a list ot lands sold for taxes, with
the names of the purchasers and certificate of redemption
thereof, together with such other titles of lands in said dis-
trict as the said corporation shall direct.
Annual tax. § l^- For the purposc of defraying the expense of the
construction of levees, embankments, and draining said
district, or any portion thereof, and for the liquidation of
any indebtedness contracted by the said corporation, in the
prosecution of the objects of its incorporation, the said
company is hereby empowered to levy and collect, annually,
a tax, not exceeding, in the aggregate, thirty thousand dol-
lars ; which tax shall be levied upon the several tracts of
land in the said district, in proportion to the benefits to
accrue to the said several tracts of land, respectively : Pi^o-
vided, that the whole tax to be levied for the completion of
the said works shall not exceed the sum of one hundred
and fifty thousand dollars : And provided^ also, that for
the year a.d. 1861, no more than ten thousand dollars, and
for the year 1862 no more than fifteen thousand dollars,
shall be levied and collected from the owners of lands in
said district, unless, at an election, to be held in said dis-
trict, a majority of the owners of land in said district shall
vote a larger sum.
§ 13. i^o taxes shall be levied for the purposes contem-
plated in this act upon any lands not susceptible of being
drained.
Assessment of tax | 14. In any year which the said company may deem
it expedient to levy and collect a tax for the prosecution of
their said works the said board of levee connnissioners shall,
at some regular meeting of their said board, previous to the
first of May, proceed to assess and levy, by an order of said
board, to be entered on their journal, a tax upon the lands
in the said district, in accordance w^ith the provisions and
limitations of section twelve of this act. The said board of
tax.
LEVEES. 441
levee commissioners shall cause to be made out and deliver-
ed to their collector, on or before the tenth dav of May
next, after making such levy and assessment, a complete
list, certified by their secretary and countersigned by their
president, containing a description of each tract of land on
which they have levied a tax, the number of acres in the
same, the amount of tax levied thereon, the name of the
owner thereof, if known ; which list, so certified, shall be a
sufficient warrant to authorize' said collector to collect of the
owners- of said lands the taxes and assessments thereon
made by the said corporation.
§ 15. Upon the receipt of said lists, certified, the col- ^'^-^fe^, of co'i'^ct-
lector of said comj^any shall fix upon some public place in
each division of said district and appoint a day upon which
he will attend at such places, for the purpose of receiving
the levee taxes due from the land owners in the said dis-
trict, and shall give at least twenty days previous public
notice, by posting one or more notices in each division of
said district ; and by publication in some newspaper printed
in said Monroe county, of the time when and place where
he will attend for the purpose of receiving said taxes. All
persons who shall not have paid their said taxes within ten
days after the days upon which the said collector shall at-
tend in the respective divisions of said district for receiv-
ing the same, shall be in default, and the said collector may
proceed to collect the said taxes by distress and sale of
personal property, in all respects the same as state and
county taxes may be collected by distress and sale of per-
sonal property.
§ 16. The collector of said company shall return to the Delinquent land?,
board of levee commissioners, on the first Monday of Au-
gust, of any year in which they may levy a tax, a list of
delinquent lands upon which he has been unable to collect
the levee tax thereon, for any cause. The said collector
shall make oath that the said list eontains all the lands
upon which he has been unable to collect the said tax ; and
the said collector shall, on the first day of every month,
pay over to the treasurer of said company all moneys by
him collected for the said corporation.
§ 17. The collector of said company shall file a list of List of delinquent
said delinquent lands with the clerk of the county com-t of ^'^^^'
Monroe county, at least five days before the term of said,
court at which application is made for a judgment ; which
list, with the affidavit of said collector thereto, shall be re-
corded by the said clerk in the same record in which is
recorded the list of delinquent lands for state and county
taxes. The said list may be in the following form :
-1:42
LEVEES.
A list of lands reported by Collector of the Harrisonville Levee and Drainage
Comimny, upon which he has been unable to collect the special tax assesa-
cd tlicrcun by the said company, for the year, a. d. , and, now, on
this day of , a. d. 18 — , tiles this, his petition, fi)r a judg-
ment and order of ealo against said lands, at the term 18 — of the County
Notice of the col-
lectors.
Sale by ooUector.
Court.
Owners' names.
Description.
No. of acres.
Am't tax.
Interest.
Cost
Witliin five days after judgment shall have been render-
ed against any lands, for taxes due thereon, the clei'k of the
county court shall make out and deliver to the collector o
said company a correct list of said lands, in the same form
as the list upon which judgment is entered, and shall attach
thereto a copy of the judgment and order of the court, and
his certificate of the truth of such record ; which record, so
attached, shall constitute the process upon which the col-
lector of said company shall be authorized to sell the delin-
quent lands for taxes, and which warrant shall be recorded
by their secretary in the levee tax book of said company.
§ IS. The collector of the said company shall give no-
tice, in the same manner, for the same length of time ; and
which notice shall contain, in substance, as near as may be,
the same facts of his intended application for a judgment
against delinquent lands as is required, for the term being,
by law, to be given in like cases by the collector of state
and county taxes.
§ 19. On the hearing of the application for judgment
against delinquent lands, as herein provided, the county
court shall proceed to hear and determine the matter and
enter judgment, in all respects the same as in the case of
applications for judgment against delinquent lauds by collec-
tors of state and county taxes : Provided^ that the said
court shall fix the place where, (in said district,) time when,
and the manner of giving notice of the sale of the lands
upon which the said special tax shall not be paid.
§ 20. At the time fixed for the sale thereof the collector
of said company shall proceed to sell said lands, in accord-
ance with the provisions of the law authorizing the sale of
lands for state and county taxes, the secretary of said com-
pany shall enter in the tax book of said company the des-
cription of each tract or part of tract sold, and the name of
the ])urchaser thereof. When any of said lands shall be
redeemed from sale tlie secretary of said company shall
enter tlic names of the person redeeming, the date and
amount of redemption upon said tax book.
§ 21. Lands sold for the taxes due thereon, by the col-
lector of said company, may be redeemed of the secretary
LEVEES. 443
of Scaid company, upon like terms, within the same time and
in like manner as is provided by law for the redemption of
lands sold to individuals for state and county taxes : Pro-
vided^ that said company may bid in lands for taxes and
take and hold the same as natural persons may do.
§ 22. The collector of said company shall execute and '^'^ '^'"'^^
deliver to the purchaser of any tract of land sold for taxes,
in pursuance of the provisions of this act, when the same
shall not be redeemed within the time prescribed by law, a
deed, conveying the same to him and his heirs forever ;
and when the purchaser shall have complied, in all things,
with the obligations imposed upon purchasers of lands sold
for state and county taxes. And all deeds made by the
said collector, conveying to the purchaser thereof any tract
of land sold for the taxes due said company, by virtue of
the provisions of this act, shall be received, in all courts of
justice and elsewhere, as evidence of the same facts now
proved by sherifi's' deeds under the revenue laws of this
state.
§ 23. No owner of land in said district or officer of said
company shall, in consequence thereof, be disqualified as a
witness ; nor shall any owner of land in said district be dis-
qualified as a juror in any suit or legal proceeding wherein
said company shall be a party to the suit or in interest.
§ 24. At the expiration of two years, from and after any List of lands re-
sale of lands for taxes, by virtue of the provisions of this t-^i^j^^d to county
act, the secretary of . said company shall make out, un-
der his hand and seal of said company, a list of all lands
redeemed from him for the two y-ears next previous thereto,
and deliver the same to the county clerk of said county,
when the same shall be by him recorded in the judgment
book for the sale of delinquent lands.
§ 25. The collector of said company shall, within ten
days next after he shall have executed a deed to any pur-
chaser of delinquent lands for taxes, cause to be recorded
by the secretary of said comjiany the affidavit made b}^ the
said purchaser, of his compliance with the constitutional
provision upon that subject ; and, when so recorded by the
said secretary, the said affidavit shall be filed in the office
of the county clerk of said county.
§ 26. The collector of said company shall, within ten cierk's wairant
days next after any tax sale by him made, return to the iecto°^ ^ "^^ '
county clerk of said county the warrant by virtue of which
the said lands were sold, with a certificate attached thereto,
setting forth the name of the purchaser and the description
of the tract or part of tract sold, which certificate shall con-
stitute the return of said collector ; and said return shall be
recorded by said clerk in the judgment book for taxes.
§ 27. The journal, tax book and record of said company secretary's oer-
or any matter or thing in either of them contained, duly ^'^^^■
certified by the secretary of said company, with the seal of
iii LEVEES.
said coinpaiiy affixed, shall be taken and received as evi-
dence in all courts and places in this state,
rnknown owners § 28. In all procecdiiigs to be had, done or performed,
of laud. -j^ pursuance of any of the provisions of this law, and when
the owner of any tract of land is not known, such OAvner
may be described as "unknown;" and in all proceedings to
condemn lands or materials, by said company, notice of the
application for the appointment of commissioners to assess
damage may be given to infants, idiots, lunatics or distract-
ed persons, fenwies covert^ nonresidents, and' persons whose
names are unknown, in the manner provided by section
three of an amendatory act, passed June 22, 1853, to the
law then in force for condemning land and materials lur the
construction of roads or other public works.
Clerk's and prin- § 29. Tlic clcrlv of tlic couuty court and the priutcr pub-
ter'sfees. lisliiug the delinquent lists shall be allowed the same fees
allowed by the laws of this state for like services to be per-
formed in relation to the collection of state and county
/ taxes. The sheriffs shall be allowed, for collecting the
taxes hereinafter provided, to be entered upon the tax book,
and collected with the taxes for the year 1860, four per
cent, on the amount collected, and for entering the same
upon the tax book the same fees allowed the county clerk
for like ser^-ices. The collector of said company shall be
allowed a reasonable compensation by the said company,
not exceeding the fees allowed for like services, by law, to
the collector of the state and county revenue. The secreta-
ry and treasurer of said company shall be allowed such
reasonable compensation as the said company shall order.
The i^resident, the levee commissioners and the commis-
sioners of organization, hereinafter appointed, shall not be
entitled to any fee for their services. The subordinates and
agents of said company shall receive a compensation for
services, to be fixed by the said company.
r r,, „.»= .„ , ^ 30. All contracts for work to be done for said corpora-
contracts to be , <J -. , 1 1 T 11
let to lowest bid- tion, exceeding ni value the sum oi two hundred dollars,
shall be let to the lowest responsible bidder — of the letting
of which previous public notice shall be given.
Election of of- § 31. Tlic Icvcc commissiouers shall meet at some con-
venient place, in the said district, within five days next after
their election, and at such meeting shall proceed to organize,
by the election of one of their number president, and also
a secretary for said company. And all future meetings of
said board shall be held as provided by the by-laws of said
company.
Taxes to be paid § 32. That it sliall bc the duty of the state treasurer
" "-• ^^^1 ^j^^ county treasurer of ]\Ionroe county, immediately on
receiving the county and state revenue of each year, to pay
to the said company, for the term of fifteen years, all taxes
collected on the lands in said district, over and above the
amount which would have been collected by the state and
ficers.
to the company.
LEVEES. 445
county, respectively, if said lands were assessed the same
as in the year 1859.
§ 33. That at any time the said corporation shall neglect ^^f^^'^^ '° ^^""^
or refuse to levy and collect a tax, in pursuance of the pro-
visions of this act, sutHcient to liquidate the indebtedness
of said company, contracted in accordance with the act of
incorporation, on application by any creditor of said com-
pany or holder of any bond or bonds thereof, the circuit
court of Monroe county shall appoint five commissioners,
who are hereby vested with power to levy and collect taxes
for the liquidation of said indebtedness, in all respects the
same as the levee commissioners of said company might
levy and collect the same : Provided, that twenty days'
notice of said application shall be given, by publication in
some newspaper published in said county.
§ 34. Austin James, William Bamber, John Bowman,
William- Wible, Mathias Patten, Michael Pickett and Ste-
phen W. Miles are hereby constituted a board of commis-
sioners of organization, for the purpose of carrying into
effect the provisions of this act, whose duty it shall be to
make or cause to be made, by a competent engineer, to be
employed by them for that purpose, the necessary surveys sm-veys and
and plans, to fix the locations of the levees to be made and p'^"^-
to make the estimates for the drainage and levees of said
district, or such portion thereof as, in their opinion, is prac-
ticable to be drained and leveed.
§ 35. For the purpose of defraying the expense of mak- Expense of ma-
ing the necessary location, plans, estimates and surveys for veyf , !&c.°^' ^"'^'
the levees and drainage of the lands in said district, the said
commissioners are hereby empowered to assess and collect,
^from the owners of land situate in said district, a tax, not
exceeding, in the aggregate, the sum of one thousand dollars ;
which tax shall be levied upon the several tracts of land in
said district, in proportion to the benefits to accrue to said
several tracts of land by the works contemplated by this act
to be done.
§ 36. Said commissioners of organization, or a majority List and desmp-
of them, shall make out, under their hands and seals, on or ^°'^° ^ ^'
before the first day of May, a. d. 1861, a list, with appropri-
ate headings, of all the lands, with their proper description,
in the said district, together with the number of acres in
each tract, and the names of the owners thereof, if known,
(and if unknown they may be described as such) with the
amount of tax assessed by them upon each tract of land ;
one copy of which list shall be delivered to the sheriff' of
Monroe county, on or before the fifth day of May, a. d. 1861,
and one copy thereof shall be delivered to the first board of
levee commissioners, to be elected under this act, within ten
days after their election, who shall cause the same to be
recorded in the tax book of said company.
44:6 LEVEES.
(rffltefflwriff § '^'^' '^^^ ^^^^ slieriiF, upon the receipt of said list, shall
enter the taxe8 assessed therein upon the tax book for the
year, a. d. 1860, and charge the same to the respective own-
ers of the lands contained in said list; and when so charged
the said sheriff shall deliver the said list of lands to the
county clerk of said county, who shall file the same in his
office,
§ 38, The taxes assessed upon said list, so to be delivered
es by the tariff, to the Said sheriff, shall be collected by him in the same
manner and at the same time and place as the state and
county taxes for the said year, a, d. 1860, are collected; and
in the event of nonpayment the same rights and privileges^
liens and remedies that are now in force or shall bo made
obligatory by law for the collection of state and county taxes,
shall be applicable to the collection of said special tax ; and
the same judgment shall be obtained, and the same privi-
leges and obligations shall be imposed upon purchasers and
owners, as by law are applicable to lands sold for the non-
payment of taxes; and all deeds, executed by the sheriff,
on a sale of such lands for taxes, under the provisions of
this law, shall be received in all courts of justice and else-
where as evidence of the same facts now proved by the
sheriff deeds under the revenue laws of this state,
§ 39. The said sheriff shall give bond, with security, to
. er s .on . ^^ approved by said commissioners, for dihgence in the col-
lection and the faithful and prompt payment of said taxes
to the said commissioners of organization, or some one of
them designated by a majority, on or before the first day of
, A. D.1861.
§ 40. The said commissioners of organization shall keep
and subscribe a memorandum or journal of their proceed-
ings, which shall be delivered to the board of levee commis-
sioners, to be by them entered of record in their journal.
Vote upon iho § -1^1. When the surveys, plans and estimates contem-
question 0/ spe- pitted iu the sixth section of this act are completed and
certified to be correct, as near as may be, by a competent
engineer, it shall be the duty of the said commissioners of
organization, or a majority of them, to give two weeks'
notice for an election, to be held at some convenient place
in said district; at which election any three of said com-
missioners of organization may act as judges, and any
two of their number as clerks. At said election the owners
of land lying in said district, within the levee, as located,
shall vote, by ballot, and l)e entitled to one vote for each
acre of land in said district and within the levee, as located,
respectively owned by them ; and the question to l)e voted
upon shall be "For Special Tax to Levee" and "Against
Special tax to Levee." The notice provided for in this sec-
tion shall be given by posting at least one notice in each of
the three divisions of the said district and publishing the
same in some paper printed in said county.
LEVEES, 4i7
§ 42. If, at the said election, more than one-tbird of the T^ihiid^vote.
votes cast shall be "Against Special Tax to Levee" this act
ahall be nnll and void. If at said election two-thirds of the
votes cast are "For Special Tax to Levee" this act shall be
in full force and virtue ; and the said commissioners of
organization shall give notice of an election of the landhold-
ers of said district, within three months next after the said
election for and against special tax to levee, for live levee
commissioners; which election shall be conducted in the
same manner, the notice thereof given, in all respects, the
same, and the landholders of said district entitled to a like
number of votes as in the said election for and against spo-
caal tax to levee. And all future elections for levee com- i^<«'^t levee
missioners shall be held and conducted as may be provided
by the by-laws of said company : Provided^ that the owners
of land in said district shall be entitled to one vote for each
acre of land owned by them in said district and within the
levee, as located ; nor shall any special taxes, for any other
than school purposes, bo levied upon any land in said dis-
trict and within the levee, as located, in any year, which the
said levee commissioners shall levy a tax under the provis-
ions hereof.
§ 43. All sums of money, collected by virtue of the ^^"^ "^
provisions of this act and levied upon land not included in
the levee, as located, shall be repaid on demand, and without
costs, to the person from whom the same was collected.
§ 44. This act to be in force from and after its passage,
and is hereby declared to be a public act, and is to be liber-
ally construed, in all courts and places, for the purpose of
carrying out its purposes and interests.
Approved February 21, 1861.
AN ACT to incorporate the Mississippi Levee Company. In forw February
20, ISCl.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Asse7nbly, That all such
persons as shall become stockholders, agreeably to the pro-
visions of the corporation hereby created, 6hall,"for the term
of twenty years, from and after the passage of this act, be a
body corporate and politic, by the name of " The Mississippi '^^^•
Levee Company;" and, by that name, shall have succession,
for the term of years above specified ; may sue and be sued,
complain and defend, in any court of law or equity; may
make and use a common seal, and alter the same at pleas-
ure ; may make by-laws, rules and regulations, of its aifairs
and for the transfer of its stock, not inconsistent with the
existinop laws and constitution of this state or the United
us
LEVEES.
Amount of capi-
tal stock.
SubscripJion
books.
Election of direc-
tors.
Construction
loan.
States ; and may appoint such agents and servants as the
business of the said compan_y may require, prescribe their
duties and require bonds for the faitliful performance thereof.
§ 2. The capital stock of said company shall be hve hun-
dred thousand dollars, whicli sliall be divided into shares of
one hundred dollars each, and may be increased by the board
of directors of said company to any sum deemed necessary, in
the discretion of said board, to complete the work herein
authorized ; and the same shall be subscribed for and taken
under the direction of said board, at such times and in such
places and manner as the said directors shall, from time to
time, direct.
§ 3. That Perry H. Davis, John S. Eoberts, Alexander
Taylor, M. M. Bane, Samuel Bradbury, be and they are
hereby appointed commissioners, for the purpose of procu-
ring subscriptions to the capital stock of said company, whose
duty it shall be to oj)en books for subscriptions to the capital
stock of said company, giving notice of the time and place
when and where said books will be opened, at least ten days
previous thereto, by publication in some newspaper pub-
lished in the county of Pike, and state of Illinois. The said
commissioners, or a majority of them, shall attend at the
place appointed for the opening of said books, and shall
continue to receive subscriptions, either personally or by
such agents as they sliall appoint for that purpose, until the
sum of two hundred thousand dollars shall have been sub-
scribed ; and as soon as said sum of two hundred thousand
dollars shall have been subscribed the said commissioners
shall give ten days' notice, by publication in some newspa-
per printed in the county and state aforesaid, of an election,
by said stockholders, of a board of directors, as hereinafter
provided for the management of said company, at such
time and place, so appointed for that purpose. The com-
missioners, or a majority of them, shall attend and act as in-
spectors of said election ; and the stockholders present shall
proceed to elect five directors, by ballot. And the commis-
sioners present shall certify the result of such election,
under their hands; which certificate shall be recorded in the
record book of said company, and shall be sufficient evi-
dence of the election of the directors therein named. The
directors, thus elected, shall hold office for one year, and
until their successors are elected and qualified.
§ 4. Said company is hereby authorized and empowered
to construct a levee, from a point near the town of Millville,
in the county of Adams, along and down the bank of the
Mississippi river, into Calhoun county. Said levee shall be
constructed as near the bank of said river as may be practica-
ble; and which levee shall be sufficient in bight, strength
and durability to effectually protect all lands between said
levee and the bluffs on the eastern side thereof from inunda-
tion or overflow, by reason of high water from the Missis-
LEVEES. 449
sippi river, its sloughs or tributaries, similar to the great
flood of 1861.
S 5. Said company shall commence the construction of '^'"'^ . "<" <=""!-
• 1 1 •,^ • I n. J^ /> i • i mtncuiK end
said levee withm two years atter the passage or this act and completing the
complete the same in five years thereafter, and shall keep ^'"^^'
said levee in good repair, for the term of twenty years,
after the comj^letion of the same ; and in case of failure to
comply with the provisions of this section all rights and
privileges hereinafter granted shall be forfeited,
§ 6.' Said company, for the purpose of acquiring the Right of way.
land necessary in the construction of said levee, are hereby
authorized to acquire the same in the manner and under
the provisions of chapter 93, of the Revised Statutes, ap-
proved March 3d, 1845, and of an act entitled "An act to
amend the law condemning right of way for purposes of
internal improvement," approved June 22d, 1852.
§ 7. Whenever it shall be necessary to construct said
levee across any public highway it shall be the duty of said
company to grade or bridge such highway, on each side of
said levee, for such distance and in such manner as to render
the same passable and as good in every respect, as a public
highway, as it was before the construction of said levee.
§ 8. Upon the application of said company to the board ^^Xi'^'ILt'^of
of supervisors of said counties, or either of them, in which la^^s.
they may desire to construct any portion of said levee, it
shall be the duty of said board of supervisors, by an order,
to be entered of record, to appoint a commissioner, whose
duty it shall be to ascertain and re|)ort to said board of
supervisors a list of all lands between said proposed levee
and the bluffs, on the eastern side thereof, which were over-
flowed, in whole or in part, by the high water in the year
1851 ; and said board of supervisors shall cause said report
to be filed and recorded by their clerk and a copy thereof
to be certified to the auditor of state, within one month
after the same is so filed and recorded ; and said lands shall
thereafter be assessed and taxes collected thereon at the
same rate and in the same manner in which taxes are levied
and collected in the state for county and state purposes,
and which taxes, when so collected, shall be paid into the
county and state treasury, as now provided or as hereafter
may be provided by law.
§ 9. That it shall be the duty of the state treasurer and Taxes to be paid
the county treasurer of the counties in which said levee "^ 'ecompacy.
may be situated, immediately on receiving the state and
county revenue of each year, to pay to this company, for
the term of twenty years, all taxes assessed on said over-
flowed lands, so certified as aforesaid, over and above the
amount collected on the same lands for the year 1860, ex-
cepting the two mill tax provided for by the present constitu-
tion of the state for paying the state debt.
—39
450
LEVEES.
Assessor's list § 10. Wlienevei" the county clerk, in either ot the coun-
ties in which said lands may be situate, shall receive the
assessor's list of real estate assessed for taxation in said
county, he shall forward to the auditor of state a list of said
lands and the assessed value thereof, and the auditor shall,
in a separate column, assess a tax on said lands, according
to the value of each tract, sufficient in amount to produce
thirty thousand dollars, in the aggregate, at each assess-
ment required by law ; wliich shall be collected in the same
manner in which the state revenue is now collected by law;
which sum shall be paid into the state treasury, and by the
state treasurer paid to said company, as soon as the same
may be received by said treasurer ; and for which services
the officers shall be allowed the same compensation as is
now allowed by law for similar services, to be paid out of
said fund, when so collected.
Compensation of § l^" The board of supervisors in the counties in which
commissioners, said lauds Or auy part thereof may be situate shall lix the
compensation of the commissioners provided for in the sev-
enth section of this act at such sum as may be deemed rea-
sonable, which shall be paid by said company ; and before
said commissioner shall enter upon the discharge of his
duties he shall take an oatli faithfully and impartially to
discharge the duties required of him by this act; which
shall be tiled with the county clerk and by him recorded.
§ 12. When said levee shall have been completed and
built, in such manner as will protect said lands from over-
flow from similar floods to the one of 1851, then the tax
heretofore mentioned shall be levied and collected, as pro-
vided for in the foreo-Mna: sections.
§ 13. When the owners of any land, so reclaimed from
overflow and reported for taxation, as aforesaid, shall wish
to commute with the said company for the special tax pro-
vided for in the 9th section of this act, upon jiaying or ten-
dering to said company the sum of three dollars and flfty
cents per acre, in lieu of said special tax, then the land
upon which the same may be paid shall be forever exempt
from the payment of said special tax.
§ 14. Said company are hereby autliorized and empow-
ered to cross all streams, sloughs and water courses, roads,
streets and alleys, necessary to be crossed in the construction
of said levee, and shall be liable to the ownei's of any water
power for all damages done them in the construction of said
levee.
§ 15. Said company, in the construction of said levee,
shall build, or cause to be built, across tlie Snycarty, at the
head thereof, a culvert, with an opening twenty-flve feet in
width and three I'eet in dc']>th, so as to admit a stream of
water of that size to pass, said culvert to be as low as the^
bed of said Snycarty, so as hot to obstruct the passage of
the water through.
Commutation
tax.
Crossing
streams.
Syncarty culvert.
LAND IMPROVEIVIENT COMPANY. 451
§ 16. Said company is hereby authorized and empowered Borrowing of mo-
to borrow, from time to time, such sum or sums of money "*''
as, in their discretion, may be deemed necessary, to aid in
the construction or repairing said levee, and to issue its
bonds, payable witliin or without the state, bearing any rate
of interest, nut exceeding ten per centum per annum, and
to sell and dispose of the same, at above or below par, as
may be agreed on, for any amount so borrowed or obtained
therefor ; and all sales of bonds that may be made at less
than their par value shall be good and valid and binding
upon said company the same as if said bonds had been sold
at par ; and said company shall not have the right to put in
plea of usury in any action founded upon any of said bonds.
§ IT. Nothing in this act contained shall be construed ^^sws of samuei
to affect any rights granted to Samuel Leonard, his heirs or
assigns, by an act entitled "An act to provide tor reclaiming
certain overflowed lands in the counties of Adams, Pike and
Calhoun, in the state of Illinois," approved February 10th,
1857; but if said Leonard, his heirs or assigns, shall fail to
complete said levee or embankment in the manner and
witliin the time therein required, then all rights granted
under said act are hereby declared to be forfeited : Provided^
that if the company hereby incorporated shall acquire, by
purchase, the rights of said Leonard, or his assigns, under
said act, then they are entitled tij all the benefits of this act,
immediately upon making such purchase.
§ 18. This act shall be in force and take efiect from and
after its passage.
Appjsoved February 20, 1861.
AN ACT to incorporate the Land Improvement Company. In force Fcbriury
22, ISCl.
Section 1. Be it enacted hy the People of the State of
Plinois, represented in the General Assembly^ That John S.
Wright, and such persons as may become associated with capUai stock.
him, and his and their successors, are hereby created a body
politic and corporate, by the name and style of " The Land
Lnprovement Company;" and shall have continued succes-
sion and exist for twenty-five years, and no longer.
§ 2. The capital stock of said company shall be two contracts a»d
hundred thousand dollars, with the privilege of increasing '=°°^*y^<'«s.
it to two millions, to be divided into shares of one hundred
dollars each, which shall be regarded as personal property.
§ 3. Said company shall be permitted to organize and
go into operation when twenty thousand dollars of its capi-
tal shall have been paid in, and shall have power to contract
and be contracted with, receive and convey, release "ind be
Real estate.
452 LOAN AND TRUST COMPANFES.
released, sne and be sued, plead and be impleaded, answer
and be answered unto, in all manner of actions whatsoever,
and in all courts having competent jurisdiction, and may
have and use a common seal, and alter the same at pleasure,
and shall be vested with all the powers and privileges re-
quisite to accomplish the objects of its organization.
§ 4:. The oljects of said company shall be the purchase,
improvement, leasing, exchange and sale of lands and lots,
on the shore of Lake Michigan, or within six miles thereof;
and the members may make all needful rules and regulations
and by-laws and articles of agreement, and execute all in-
struments, in writing, recpiisite for the profitable, efficient
and safe management of the stock, property and concerns
of said company ; but nothing in this act shall be construed
to invest said company with any banking powers, or to
authorize them to make, emit,- or utter, any bill of credit or
bank note or other thing, to be used as a circulating medi-
um, as and in lieu of money.
§ 5. This act shall be deemed a public act, and take
effect from and after its passage.
Appkoved February 22, 1861.
In force February AN ACT to amend an act entitled " An act to incorporate the Ciiicago Loan
2-^. ^SiS"- . and Trust Company."
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly, That the
Name changed, name of "The Chicago Loan and Trust Company," incor-
porated by an act, approved February 19th, 1859, be
changed to that of "The Commercial Loan Company;"
which company may commence business so soon as one
liundred thousand dollars of its capital stock shall have
been subscribed and paid in. Any person owning one
thousand dollars of the stock of said company may be a
director, anything in the act to which this is an amendment
to the contrary notwithstanding.
§ 2. This act shall take effect and be in force from and
after its passage.
§ 3. All contracts made and entered into by said cor-
poration, created by the act to which this is an amendment,
shall in no wise be impaired or weakened by any provision
of this act.
Appeoved February 22, 1861.
LOAN AND TRUST COMPANIES, 453
AN ACT to incorporate the Central City Trust Company. IQ for«e Fabiuary
Section 1, Be it enacted hy the People of the State of
lllinou^ rejyresented in the General Assenibly, That Ilervey
Lightrier, William F. Bryan, Nathaniel B. Cnrtiss, Charles
W, McClallen, George II. Stone and Alexander Bishop,
and their associates and successors, and such persons as shall
become stockholders in the company hereby created, shall
be a body politic and corporate, by the name and style of
" The' Central City Trust Company," to be located in the Name and loca-
city of Peoria, in the county of Peoria, and state of Illinois;
and shall have succession, a common seal, with power to
sue and be sued, plead and be impleaded, contract and be
contracted with ; to appoint all necessary officers, servants
and assistants ; and may have, enjoy and exercise all the
powers necessary to carry out and execute the purposes and
intents of a trust, deposit and loan company.
§ 3. The capital of the said corporation shall be one Amount of capi-
hundred thousand dollars, with liberty to increase the same ''*'■
to live hundred thousand dollars, to be subscribed and paid
for in the manner hereinafter provided, and shall be divided
into shares of one hundred dollars each, which shall be
deemed personal property, and shall be transferable on the
books of the said company, in such manner as its by-laws
may prescribe.
S 3. The said corporation shall have the power to borrow Borrowing of mo-
t".^ 1 •. ^ ■, • J 1 ney and banking
money, and receive money on deposit, and pay interest privileges,
thereon, and to loan the said money at any rate of interest not
exceeding that now or hereafter allowed by law to individu-
als, and to discount, in accordance with bank usage, (and,
in the computation of time, thirty days shall be a month
and twelve months a year,) and to take such security there-
for, either real or personal, as the directors or managers of
said corporation may deem sufficient; and may buy and
sell exchange, bills, notes, bonds or other securities ; may
have and hold coin and bullion ; may accept and execute all
such trusts, whether fiduciary or otherwise, as shall or may
be committed to it by any person, persons or corporation, or
by the order and direction of any court or tribunal, or other
legally constituted authority o:^ the state of Illinois or of
the United States ; may make such special regulations, in
reference to trust funds or deposits left for accumulation or
safe keeping, as shall best aid the said depositors or parties
interested, by accumulating or increasing the same, allowing
and receiving such interest therefor, not greater than that
hereinbefore specified, as may be agreed upon ; may grant
and purchase annuities, issue letters of credit, certificates of
deposit and other commercial obligations : Provided^ the
same shall not be in the similitude of bank notes or other
evidences of debt, designed to be circulated as money.
454 l.oa:n and trust companies.
Real estate. § 4. It sliall be lawful for the company hereby incorpo-
rated to purchase and hold such real estate as may be con-
venient for the transaction of its business, and to take and
hold any real estate, in trust or otherwise, as security for or
in payment of loans and debts due or to become due to the
said corporation or others ; to purchase real estate at any
sale made in virtue or on account of any loan, debt or
mortgage or trust, made to or held by the said corporation,
and to receive and take, in satisfaction of any such lean or
debts, any real estate, and to hold and convey the same,
and to acquire, hold, possess, use and enjoy the same ; to
sell, convey, lease and dispose of all such real estate and
personal property as is or may be necessary for the use of
said corporation, or as may be deemed by the directors
proper and necessary to carry on the business and accom-
plish the objects of the corporation, or for the promotion of
its interests.
Boar,i f direo- § 5. The affairs of this company shall be managed by a
*"'"*■ board of directors, of at least five in number, (a majority of
whom shall constitute a quorum for the transaction of busi-
ness,) who shall be stockholders in the corporation. Tlie
election of such directors shall be had by the stockholders
when fifty thousand dollars shall have been subscribed to
the capital stock of said corporation, and five per cent, paid
thereon. Any three of the corporators herein named shall
be commissioners to open books for subscription, which
shall be done within six months from and after the passage
of this act. The money so received by the commissioners
shall be paid over to the directors, when elected. The
directors shall elect a president, annually ; shall make such
by-laws as may be convenient and necessary for the proper
prosecution of the business of the corporation, not inconsis-
tent with this act or with the laws of this state, or of the
United States; but no by-laws of this corporation shall be
passed without the consent of the majority of the directors ;
and all the acts of the duly appointed ofiicei's and agents of
this corporation, done and performed muler tlie authority
of the by-laws, shall be binding on the corporation.
Annual election § 6. The clcction of the dircctors shall be held, annu-
ot directors. ^^Ij^ at tlic officc of tlic corporatjou ; and the board shall
give at least ten days' notice thereof to the stockholders,
in such manner as they may determine. Every election for
directors shall be by ballot, and the number of shares owned
by each stockholder shall be indorsed on the ballot, by the
person or persons who may receive the same ; and a plu-
I'ality of votes shall elect. Every stockholder shall be enti-
tled to one vote for every share of capital stock standing in
his or their name on the books of the corporation, and he
may vote in ])erson or by proxy. Any omission or failure
to elect directors shall not impair in any wise the rights of
stockholders, depositors or others interested ; and the direc-
LOAN AND TKUST COMPANIES. 455
tors in office shall hold over nntil their successors shall
have been elected.
§ T. Witliin sixty days after the election of the first
P:i.vmcnt
shares.
board of directors, as provided in section live of this act, the
board of directors shall call in an additional sum of fifteen
dollars per share on each share of said stock, to be paid at
such time and place as the directors shall appoint, on due
notice to said subscribers. The shares of every stockholder
omitting to make such payment shall be forfeited, together
with all previous payments made thereon. After the pay-
ment of five dollars per share on the amount subscribed, as
provided in the foregoing section, the corporation shall be
considered fully organized ; and after the payment of twenty
dollars per share on the whole number of one thousand
shares of capital stock of this corporation, making up the
w^hole amount of twenty thousand dollars actually paid in,
the corporation may commence business, in the full enjoy-
ment of the privileges of this charter, at such place, in the
said city of Peoria, as the said directors shall designate.
§ 8. The board of directors shall have power to call for Proceedings in
the payment of the balance due on the subscriptions to the ment! °°°^*^
stock of this corporation, at such times as they may deem
proper; and, in the event of the nonpayment of the balaince
due by any stockdolder on his stock, within sixty days after
due notice, it shall be lawful for the directors, at their
option, to enforce such payments, or to sell, at public auc-
tion, to the best advantage, the amount of stock standing in
the name of the said nonpaying stockholder, who shall
thereupon cease to be a stockholder in the corporation ; and
the purchaser or purchasers of said shares of stock shall
have and enjoy all the privileges and profits accruing or
accrued to the said shares of stock, and become liable for
the payment of all calls then due or thereafter made on such
shares ol stock.
§ 9. The board of directors shall have power to declare Dividends.
dividends on the stock of the said corporation, from time to
time, and at any time after the accumulation of the profits
of said corporation shall exceed five per cent, on the amount
of capital actually paid in, provided said dividends shall not
reduce the surplus of profits of the corporation below five
per cent, on the amount of capital actually paid in ; but in
no case shall the amount of any dividend be paid over to any
stockholder, on his or their stock, until the amount of twenty-
five dollars per share has been paid in to the said corporation.
§ 10, At any time after the full payment of the original increase of cBi.i-
capital of one hundred thousand dollars into the corpora-
tion, as hereinbefore provided, the board of directors may
increase the capital of the corporation to the amount limited,
or any part thereof, in shares of one hundred dollars each,
in such manner as they may deem proper ; and said increase
shall be subject to all the liabilities, immunities and privileges
450 LOAN AJSTD TRUST COMPANIES.
of tlie original stock, as provided in this act. Stockholders
shall have the option of subscribing to such increased stock,
^rro rata^ within such time as the directors may limit, of
which due notice is to be given.
Seiiiii-ofrtaies- § H- That any real estate acquired, in fee, by this cor-
tate. poration, in payment or satisfaction of any loan or debt, and
not held in trust or as security, other than what shall ) e
necessary for the convenient use of the same, for the trans-
action of its business, shall not be held by the said corpora-
tion longer than ten years, and shall, witliin that time, be
sold and conveyed, either at public or private sale, so as to
divest the said corporation of the title to and fee in the
same.
inmviduai riabii. § ^'^- Every stockholder of the company incorporated
itj. mider this act shall be individually liable to the creditors of
the corporation, to an amount equal to the amount of stock
held by him; but no stockholder shall be personally liable
for the payment of any debts or obligations contracted by
the corporation, unless a suit for the collection of such debt
or obligation shall have been brought against said corpora-
tion within one year from the time that the same shall have
become due, nor until an execution against said corporation,
shall have been returned unsatistied, in whole or in part.
§ 13. The corporation hereby created shall exist for the
term of fifty years, from the day of the passage of this act,
and shall be entitled to use all its corporate powers for live
years thereafter, for the purpose of closing up its affairs.
§ 14. This act shall take effect and be in force from and
after its passage, and shall be a public act.
Appkoved February 21, ISGl.
In force February AN ACT to incorporate the reoria Savings, Loan and Trust Company.
m, isoi.
Section 1. Be it enacted hy the People of the /State of
Illinois, represented in the General Assenihly, That John S.
Griswold, Amos P. Bartlett, William Moore, William Tobey,
John C. Proctor, Valentine Dervein and Roger J. Brass,
and their associates and successors, and all such persons as
shall become stockholders in the company hereby created,
shall be a body cori)orate and politic, by the name and style
of "The Peoria Saviny^s, Loan, and Trust Company;" and
Coipnrntc name ini . '^ i j.l]J
and powers. suall liavc succcssiou, a common seal, power to plead ana
be impleaded, to ap]Joint ail necessary servants and assist-
ants; and may have, enjoy and exercise all the powers
necessary to carry out and execute the purposes and intent
of a savings association and loan and trust company.
LOAN AND TRUST COMPANIES. 457
§ 2. The capital of said company shall be one hundred Amount of capita i
thousand dollars, with power to increase the same to one
million of dollars, to be subscribed and paid for in the man-
ner hereinafter provided, and shall be divided into shares of
one hundred dollars each, which shall be deemed persctnal
property, and shall be transferable on the books of said
company, in such manner as its by-laws may prescribe.
§ 3. The said corporation shall have poAver to borrow Deposits, loan e
money, to receive money on deposit and pay interest thereon,
and to loan money, at any rate of interest, not exceeding
that now allowed or that may hereafter be allowed by law
to individuals, and to discount, in accordance with bank
"usage, (and, in the computation of time, thirty days shall
be a month and twelve months a year,) and to take such
security therefor, either real or personal, as the directors or
managers of said corporation may deem sufficient ; and may
buy and sell exchange, bills, notes, bonds or other securities;
may have and hold coin and bullion ; may accept and exe-
cute all such trusts, whether fiduciary or otherwise, as shall
or may be committed to it by any person or persons or by
the order and decree of any court or tribunal or other legally
constituted authority of the state of Illinois or of the United
States; make such special regulations in reference to trust
funds or deposits, left for accumulation or safe keeping, as
shall best aid the said depositors or parties interested by
accumulating or increasing the same, allowing and paying
such interest therefor, not greater than hereinbefore provi-
ded, as may be agreed upon; may grant and purchase
annuities, issue letters *bf credit and other commercial obli-
gations : Provided^ the same shall not be in the similitude
of bank notes or other evidences of debt, designed to circu-
late as money.
§ 4. It shall be lawful for the company hereby incorpo- Real estate,
rated, to purchase and hold such real estate as may be con-
venient for the transaction of its business, and to take and
hold any real estate, in trust or otherwise, as security for or
in payment of loans and debts due or to become due to the
said company ; to purchase real estate, at any sale made in
virtue or on account of any loan, debt or mortgage, or trust
made to or held by tlie said company, and to receive and
take [in] satisfaction of any such loan or debts anj- real estate,
and to hold or convey the same.
§ 5. The aifairs of the company shall be managed by a ^°a'"<i o^ ^ireo-
board of directors of at least five in number, who shall be
stockholders in the company, to the amount of five thousand
dollars each. The election of such directors shall be held
by the stockholders, when one hundred thousand dollars
shall have been subscribed to the capital stock of said cor-
poration and ten per cent, paid thereon ; any three of the
corporators named herein shall be commissioners to open
books for subscription, which shall be done within two years
—40
458
LOAN AND TRUST COMPANIES.
Presidents
Annual election.
Organization,
Payment of sub-
scriptiona
from and after the passage of this act; and the money so
received by the commissioners shall be paid over to the
directors. When elected, the directors shall elect a presi-
dent, from their own body, annnally ; shall make and execnte
such by-laws as may be necessary for the proper prosecution
of the business of the company, not inconsistent with this
act or with the laws of this state or of the United States;
but no by-laws shall be passed without the consent of a
majority of the board of directors of the company; and all
acts of the duly appointed ofScers and agents of the com-
pany, done and performed under the authority of the by-laws
of said corporation, shall be binding on said corporation.
The number of directors may, at the option of the stock-
holders, be increased to any number, not exceeding nine.
§ 6. The election of directors of this company shall be
held, annually, at the oihce of the company; and the board
shall give at least ten days' notice thei-eof to the stockholders,
in such manner as they may determine. Every election of
directors shall be by ballot, and the name and number of
shares owned by each stockholder shall be indorsed on the
ballot; and a plurality of votes shall elect. Ever}'- stock-
holder shall be entitled to one vote for every share of capi-
tal stock standing in his or their name on the books of the
company, and he may vote in person or by proxy ; and any
omission or failure to elect directors shall not impair, in
anywise, the rights of stockholders, depositors or others
interested.
§ 7. After the payment of the ten per cent, of the
amount subscribed and the election of a board of directors,
as provided for in the foregoing section, the said company
shall be considered fully organized, and may commence
business, in the full enjoyment of the privileges of this
charter, at such place, in the city of Peoria, as the board of
directors shall direct.
§ 8. The board of directors shall have power to call for
the payment of the balance due on the subscriptions to the
capital stock of this company, at such times as they may
deem proper; and in the event of the nonpayment of the
balance due by any stockholder on his stock, within sixty
days, after due notice being given, it shall be lawful for the
board of directors, at their option, to enforce such payment
or to declare such stock forfeited to the company: And., it
is further j^^ovided., that the said directors shall, within one
year after the said company shall be organized, call for at
least forty per cent, of the capital stock subscribed (in addi-
tion to the ten per cent, aforesaid) to said company.
§ 9. The board of directors shall have power to declare
dividends on the stock of said company out of the profits
of the business thereof, from time to time, as they shall
deem for the interest of the stockholders : Provided, that
LOAX AND TJRUST COMPANIES. 459
no dividend shall be paid to any stockholder until fifty per
cent, of his stock shall have been paid in to the company.
§ 10. The board of directors shall have the power to
provide for the increase of the capital stock of this company,
under the limits of this charter.
§ 11. Every stockholder of the company incorporated individual uabui-
under this act shall be, severally, individually liable to the *^"
depositors with and creditors of the company, to an amount
equal, to the amount of stock held by him, respectively, for
all deposits made with and debts and contracts made by the
company during the time such stockholder was a member
thereof, notwithstanding any transfer; but no stockholder
shall be personally liable for the payment of any deposit
made with or debts contracted by the company formed under
this act, unless a suit for collection of such deposit or debt
shall be brought against the company within one year from
the time the same may be due or become due, nor until an
execution shall have been returned unsatisfied, in whole or
in part.
§ 12. This act to take effect and be in force from and
after its passage.
Appkoved February 20, 1861.
AN ACT to incorporate the Prairie State Loan and Trust Company. In force Febi-uary
22, 1861.
Section 1. Be it enacted hy the People of the State of
Illmois, represented in the General Assembly^ That A. G-.
Farwell, Chas. T. Gilbert, Davies Perrin, Joseph Sibley,
Theodore P. Sheldon, Horace J. Perrin, Joel J. Perrin, Jon-
athan Burr, C. H. McCormick, George Smith, Solomon M.
Wilson, and their associates and successors and all such per-
sons as shall become stockholders in the company hereby
created, shall be a body politic and corporate, by the name
and style of "The Prairie State Loan and Trust Company," Corporate name
and shall have succession, a common seal, power to plead ^ p°^®"-
and be impleaded, to appoint all necessary servants and as-
sistants, and may have, enjoy and exercise all the powers
necesary to carry out and execute the purposes and intent of
a loan and trust company, for thirty years, from and after
the passage of this act.
§ 2. The capital stock of said company shall be one hun- capital stock,
dred thousand dollars, with power to increase the same to
three million dollars, to be subscribed and paid for in the
manner hereinafter provided, and shall be di^dded into
shares of one hundred dollars each, which shall be deemed
personal property, and shall be transferable on the books
460 LOAN AND TRUST COMPAJSTTES.
of the said company, in snch manner as its by-laws may pre-
scribe.
Loans, deposits § '^- The Said corporation shall have poM-er to borrow
and discounis. money and receive money on deposit and pay interest there-
on, and to loan the said money, at any rate of interest, not
exceeding that now allowed or that may hereafter be allow-
ed, by law, to individuals, and to discount, in accordance
with bank usage, (and, in the computation of time, thirty
days shall be a month and twelve months a year,) and to
take such security therefor, either real or personal, as the
trustees or managers of said corporation deem sufficient;
and may buy and sell exchange, bills, notes, bonds or other
securities ; may have and hold coin and bullion ; may ac-
cept and execute all such trusts, whether fiduciary or other-
wise, as shall or may be committed to it by any person or
persons or by the order or direction of any court or tri-
bunal or other legally constituted authority of the state of
Illinois or of the United States; may make such special
regulations, in reference to trust funds or deposits left for ac-
cumulation or safe-keeping, as shall best aid the said depos-
itors or parties interested, by accumulating or increasing the
same, allowing and receiving such interest therefor, not
greater than that hereinbefore specified, as may be agreed
on ; may grant and purchase annuities, issue letters of credit
and other commercial obligations : Provided, the same shall
not be in the similitude of bank notes or other evidences of
debt, designed to be circulated as money.
§ 4. It shall be lawful for the company hereby incorpo-
ReRl estate -i ± %/ */ i
rated to purchase and hold such real estate as may be con-
venient for the transaction of its business, and to take and
hold any real estate, in trust or otherwise, as security for or
in payment of loans or debts due or to become due to the
said company; to purchase real estate, at any sale made
in virtue or on account of any loan, debt or mortgage or
trust made to or held by the said company, and to receive
and take in satisfa-ction of any such loan or debts any real
estate and to hold or convey the same.
§ 5. The afiairs of this company shall be managed by a
board of trustees, of at least nine in number, who shall
be stockholders in the company to the extent of at least one
thousand dollars each. The election of such trustees shall
be had by the stockholders, when one hundred thousand
dollars shall have been subscribed to the capital of said cor-
poration and twenty per cent. |)aid thereon. Any three
corporators herein named shall be commissioners to open
books for subscription, which shall be done in ninety days
from and after the passage of this act. The money so re-
ceived by the commissioners shall be paid over to the trus-
tees, when elected. The trustees shall elect a president,
from their own body, annually ; make and execute sucli by-
laws as may be convenient and necessary for the proper
Board of trustees.
LOAN AND TRUST COMPANIES. 461
prosecution of the business of the company, not inconsistent
with this act or the \nws of this state or the United States ;
but no by-laws of this corporation shall be passed without
the consent of the majority of the trustees; and all the acts
of the duly appointed officers and agents of this company,
done and performed under the authority of the by-laws,
shall be binding upon the company.
§ 6. The election of trustees of this company shall be Annual election,
held, annually, at the office of the company ; and the board
shall giv^e at least ten days' notice thereof to the stockhold-
ers, in such manner as they may determine. Every election
for trustees shall be by ballot, and the name and number of
shares owned by each stockholder shall be indorsed on the
ballot, and a plurality of votes shall elect. Every stock-
holder shall be entitled to one vote for every share of capital
stock standing in his or their name on the books of the com-
pany, and he may vote in person or by proxy. Any omis-
sion or failure to elect trustees shall not impair, in any wise,
the rights of stockholders, depositors or others interested.
5 7. Within sixty days after the election of the first board Payments on
,• •IT,.' • 11 o J_^ • , J 1 shaves.
01 trustees, as provided lor m section nve oi this act, the
board of trustees shall call in an additional sum of thirty
dollars per share of said stock, to be paid at such time and
place as the trustees shall appoint. On due notice to said
subscribers the shares of every stockholder omitting to make
such payment shall be forfeited, together with all previous
payments made thereon. After the payment of twenty
dollars per share on the amounts subscribed, as provided in
the foregoing section, the said company shall be considered '
fully organized; and, after the payment of fifty dollars per
share on the whole number of shares subscribed to the capi-
tal stock of the company, making up the whole amount of
at least one hundred thousand dollars actually paid in, the
company may commence its business, in the full enjoyment
of the privileges of this charter, at such place, in the city of
Chicago, as the said board of trustees shall direct.
S 8. The board of trustees shall have power to call for Proceedings in
1 />iii 1 ii'i- 1 "-^^^ °' nonpay-
the payment ot the balance due on' the subscriptions to tne ment.
stock of this company, at such times as they may deem pro-
per ; and in the event of the nonpayment of the balance
due by any stockholder on his stock, within sixty days after
due notice, it shall be lawful for the trustees, at their option,
to enforce such payment, or to sell, at public auction, to the
best advantage, the amount of stock standing in the name of
. the said nonpaying stockholder, to any person or persons, and
the proceeds of such sale shall be paid over to said nonpay-
ing stockholder, who shall thereupon cease to be a stock-
holder in this company, and the purchaser or purchasers of
said shares of stock shall have and enjoy all the privileges
and profits accruing or accrued to the said shares of stock,
462
LOAN AND TKUST COMPANIES.
Dividends.
Increase of capi-
tal.
and become liable for the payment of all calls then due or
thereafter made on such shares of stock.
§ 9. The board of trustees shall have the power to de-
clare dividends on the stock of the said company, from
time to time, and at any time, after the accumulation
of the profits of said company shall exceed five per cent, on
the amount of capital actually paid in : Provided^ said divi-
dends shall not reduce the surplus of profits of the company
below five per cent, on the amount of the capital actually
paid in ; but in no case shall the amount of any dividend
be paid over to any stockholder on his or their stock until
the amount of fifty dollars per share has been paid in to the
said company.
§ 10. At any time, after the full payment of the original
capital of one hundred thousand dollars in to the said com-
pany, as hereinbefore provided, the board of trustees may
increase the capital of the company to the amount limited,
or any part thereof, in shares of one hundred dollars each,
in such manner as they may deem proper ; and said increase
shall be subject to all the liabilities, immunities and privi-
leges of the original stock, as provided in this act. Stock-
holders shall have the option of subscribing to such increas-
ed stock, jpro rata^ within such time as the trustees may
limit, of which due notice is to be given.
§ 11. That any real estate, acquired in fee, b}^ this cor-
poration, and not held in trust or as security, other than
what shall be deemed necessary for the convenient use of
the same for the transaction of its business, shall not be held
by the said corporation longer than five years, and shall,
within that time, be sold and conveyed, either at public t)r
private sale, so as to divest the said corporation of the title
to and fee in the same.
§ 12. The stockholders in this corjDoration shall be holden
to the creditors thereof for the amount of capital stock each
shall hold in the same, for six months after transfer of shares.
§ 6. This act shall take efi'ect and be in force from and
after its passage.
Appkoved February*22, 1861.
In force February
21, 18C1.
AN ACT to incorporate the Real Estate Loan and Trust Company.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assemhly^ That Mahlon
D. Ogden, Edwin II. Sheldon, Ezra B. McCagg, Perry H.
Smith, and Alexander C. Coventry, and their associates and
successors, and all such persons as shall become stockholders
in the corporation hereby created, shall be a body politic and
LOAJSr AND TETJST COMPANIES. 463
corporate, by the name and style of "The Eeal Estate Loan Name and style.
and Trust Company," and shall have succession, a common
seal, power to plead and be impleaded, to appoint all neces-
sary officers, servants and assistants, and may have and en-
joy and exercise all the powers necessary to carry out and
execute the purposes and intent of a loan and trust compa-
ny at Chicago. .
§ 2. A majority of the corporators herein named, may subscriptions,
proceed to open books for subscription to the stock of said
company, and shall, at the same time or thereafter, designate
a time and place for the first election of trustees of saidcom-
pany, by parties subscribing to the stock thereof; and each
share of stock so subscribed for shall be entitled to one vote.
§ 3„ The capital stock of said company shall be one Amount of capital
million of dollars, with power to increase the same to two
millions of dollars, to be subscribed and paid for in the man-
ner prescribed by the by-laws to be formed by said company,
• and shall be divided into shares of one hundred dollars each,
which shall be deemed personal property, and shall be trans-
ferable on the books of said company, in such manner as
its by-laws may prescribe.
§ 4. The said corporation shall have power to borrow ^°^"^' ^«p°^^^
T . . -■• T • , T . and discounts.
money, and to receive money on deposit and pay interest
thereon, and to loan money, either within or without this
state, at any rate of interest not exceeding that now or here-
after allowed by law to private individuals, and to discount
loans, (and, in computation of time, thirty days shall be a
month, and twelve months a year,) and to make such loan
payable either within or without this state, and to take such
securities therefor, real or personal, or both, as the trustees
or managers of said corporation shall deem sufficient, and
may secure the payment of such loans by deeds of trust,
mortgages or other securities, either within or without this
state ; may buy and sell negotiable paper and other securi-
ties ; may accept and execute all such trusts, whether fidu-
ciary or otherwise, as shall or may be committed to it by
any person or persons, or by the order or direction of any
court or tribunal or other legally constituted authority of
the state of Illinois or of the United States or elsewhere ;
may make such special regulations, in reference to trust
funds or deposits left for accumulation or safe keeping, as
shall be agreed upon with the depositors or parties interest-
ed, for the purpose of accumulating or increasing the same ;
may grant and purchase annuities ; may issue letters of
credit and other commercial obligations, and may secure the
payment of any loans made to said company in any way the
trustees may prescribe.
6 5. It may be lawful for the companv hereby incoriDO- Possession and
, T , -I "^ J11J 1 Til' '' 1 ^ purchase of real
rated to purchase and lioid such real estate as may be con- estate,
venient or useful in the transaction of its business, and to
take and hold any real estate, in trust or otherwise, as seen-
464
LOAN ANB TRUST COMPANIES.
rity for or in payment of loans and debts duo or to become
due to said company ; to bid for and purchase i-eal estate at
any sale made in virtue or on account of any loan or mort-
gage or trust made to or held by or for the said comj^any or
in which it is interested; and to receive and take in satisfac-
tion of any loan or debt, any real or personal estate, and
to hold, use, improve and convey the same*
Board of trustees. § 6. The atfairs of the company shall be managed by a
board of trustees, at least three in number. After the lirst
election as is herein provided, the trustees shall be elected
by the stockholders, at such time and places and in such
manner as shall be established by the by-laws of said com-
pany; the trustees of said company shall be elected annu-
ally, but any failure or omission to elect trustees shall in no
wise impair or affect the rights and powers of trustees hold-
ing over or the rights or interests of the stockholders, de-
positors or others interested.
§ 7. The trustees shall have the right to form by-laws •
for the appointment of other officers, agents and others, ne-
cessary f )r the company's service, and for regulating their
own proceedings, and the company's operations : I^rovided^
however, that the same shall contain nothing inconsistent
with the constitution and laws of this state.
§ 8. The board of trustees shall have the right to de-
clare dividends out of the earnings of said company. It
shall be the duty of the trustees of said company to make
an annual report to the treasurer of the state of Illinois of
their acts and doings for the previous year ; such report to
be verified by the affidavit of the president or other proper
officers of said company.
§ 9. Each stockholder of the corporation hereb}'' created
shall, as to funds received on trust or on deposit for safe
keeping or otherwise, be individually liable, to the amount
of his share or shares of capital stock, for all losses or defi-
ciencies that may occur while 'he was such stockholdei*,
which individual liability shall continue for six months after
transfer of his said stock.
§ 10. Until the sum of one hundred thousand dollars
shall have actuall^y been paid in on subscription to capital
stock, the corporation liereby created shall not commence
or perform any l)usiness hereby authorized, and- the dura-
tion of said corporation is hereby limited to fifty years, from
and after the passage of this act.
This act shall be a public act, and take effect from and
after its passage.
Approved February 21, 1861.
By-laws and reg
ulations.
Dividends.
TVfANUFACTTJEiyG COMPiLNIES. 465
AN ACT to incorporate the Illinois Agricultural Implement Manufacturing In force February
Company. 22, ISOl.
Section 1. Be it enacted ly the People of the State of
Illinois^ represented in ths General As^eyuMy^ That Brouson
Murray, Edward J. Eno, Edward B. Eno and J. B. Turner,
and their associates, snccessors and assigns, be and they are
hereby constituted a body corporate and jDolitic, under the
name and style of "The Illinois Agricultural Implement Name and style.
Manufacturing Company;" and by that title shall be and
are hereby made capable, in law and equity, to sue and be
sued, plead and be impleaded, defend and be defended in
any court or place whatever.
§ 2. The said corporation may have and use a common corporate rights
seal, and may alter and renew at pleasure, and are hereby "" P""eges.
vested with power to purchase hold and convey real and
personal estate ; to give and receive promissory notes ; to
enter into and carry on the manufacture of all kinds of agri-
cultural tools and instruments, which are or may be needed
for use in the state of Illinois, especially such as are used in
plowing, planting, cultivating and harvesting our usual
crops.
§ 3. The said corporation may make and establish such '^,'^|[pjjg"'^ '■^="'
by-laws, ordinances and regulations as shall, in their opinions,
be necessary for the good government of the corporation
and the prudent and efficient management of its afiairs ; and
are hereby vested with all powers, privileges and immuni-
ties that are or may be necessary to carry into effect the
purposes and objects of this act.
§ 4. The capital stock of this company shall not exceed capkaistwk.
one hundred thousand dollars, and shall be divided into
shares of one hundred dollars each; and in the election of
directors or other officers, and in all other matters or inter-
ests directed by the stockholders, under the by-laws of this
corporation, each proprietor or stockholder shall be entitled
to as many votes as he holds shares, and have power to vote
by proxy.
§ 5. The directors shall hold their offices for one year, Directors,
and shall have the management of all business of said cor-
porati(»n, and shall make all contracts ; but no contract shall
be binding, that has not the signature or assent of the presi-
dent of the board or of some agent or attorney acting under
his direction and authority.
§ 6. This act shall go into operation and continue in full ^g'tock?'^^°^ ''
force, from and after one-fourth of the above named amount
of stock is subscribed for and taken by stockholders, accord-
ing to such regulations and on such terms, as the above cor-
porators or a majority of them, or of the survivors of them,
if any of them shall die, shall propose and propound, in ar-
ticles or by-laws enacted for that purpose; which by-laws shall
—41
^66 MAKUFACTURING COMPAI^IES.
not l)C subject to alteration or repeal, without the consent of
all the stockholders.
Appkoved February 22, 18G1.
In force Febi uary AX ACT to amend "An act to incorporate the German House Association of
2*' 1*6^- Cliicago," as passed February 12th, 1857.
Be it enacted hy the Fe<yplc of the State of Illinois^ rep-
resented in the Genei'al Assemhly^ That section (1,) one,
B>'-iaws. of an act passed February 12th, 1857, entitled "An act
to incorporate the German House Association of Chica-
go," be and the same is hereby amended in the following
manner, to-wit: Strike out the words "and shall have power
to make by-laws," and insert therefor, "and shall have power
to make, amend and repeal by-laws and regulations of the
board of directors as well as of the association ;" and fur-
ther, that in section three, (3,) of said act, the following
w^ords be and the same are hereby stricken out, to-wit : "for
the ]Hn'pose of effecting such increase."
This act shall take effect and be in force from and after
its passage.
Approved February 20, 1861.
In force February AN ACT to authorize and enable the Chicago Refining Company, incorporated
^^' ^^^'^^ imder the laws of the state of Illinois, to borrow money and issue bonds.
' Be it enacted ly the People of the State of BImois, rep-
resented in the General Assemhly^ That the Chicago Ee-
iining Company, a compaiiy incorporated under the laws
of the state of Illinois, be and the same is hereby au-
thorized to issue bonds, not to exceed the sum of three
hundred thousand dollars, in sums of one thousand dollars
each, bearing interest at the rate of ten per cent, per annum,
and falling due not more than twenty years after the date
thereof, to be secured by mortgage or deed of trust on the
property of the said com])any.
Approved February 21, 18G1.
MANUFACTUEING COSn^ ANTES. 467
AN" ACT to incorporate the Elmwood Mining and Manufacturing Companv. In force Fei.rnary
It., liGl.
Section 1. Be it enacted l>y the People of the State of
Illinois, 'represented in. the General Assembly^ That Willi am
Phelps, Thomas Hnrff', William E. Phelps, and their associates
and successors, are hereby constituted a body politic and cor-
porate, bj name and style of "The Elmwuod Minino; and ^"arae.
Manufacturing Company," with perpetual succession, for the
purpose of mining and exploring for coal, metals, ores and
minerals, and for general purposes of manufacturing; and,
by that name, with power to contract and be contracted
with, to sue and be sued, plead and be impleaded, appear,
prosecute and defend in any court of law or equity, in all
suits and actions; have a common seal, with privilege to Rights aad pm-i-
alter the same; and may borrow money, purchase,"hold, ^''*^''*-
sell, mortgage, transfer and convey any real or personal
estate and property; may make, erect and construct shafts,
pits, races, roads, furnaces, forges, mills, buildings, and all
other works necessary for carrying on their operations; and
shall enjoy all the privileges incident to corporations, for
snch purposes, and possess all the rights, powers and immu-
nities necessary to execute and carry on such busi ess.
§ 2. The persons named in this act shall have power to officers.
organize the said company, by the appointment of such
ofiicers or managers as they may deem necessary, who shall
have power to make by-law^s, from time to time, for the
management of their business, not inconsistent with the
laws of this state or the United States.
§ 3, The capital stock of said company shall be not less Amount ^f sapi-
than twenty thousand dollars, and may be increased to any '''' ''"*'^-
sum, not exceeding two hundred thousand dollars ; and said
company shall have power to take real and personal property
in payment on subscription to its stock, at such prices as
they may think proper and expedient.
§ 4. Said company shall have power to construct, on ^^e track,
lands belonging to them, side track railroads, to connect
with the Peoria and Oquawka railroad, and operate the
same, for their beneiit and advantage.
§ 5. This act shall be deemed a public act, and take
effect from and after its passage.
Appkoved February IS, 1861.
AN ACT to incorporate the Eagle Works Manufacturing (^mpany of Chica<^o. In force Febnars
° 21, 1S61. ■
Section 1. Be it enacted hj the Peop>le of the State of
Illinois^ represented in the General Asse7)djly,' That Philetus
^Y. Gates, George Steele, MathewvLafiin, George W. Gage,
Name and style.
Books of subsciip
408 M^^-NUFACTUKING COMPANIES.
Joseph T. Ryersou and James W. Scoville, and their asso-
ciates and successors, and all snch persons as sliall become
stockholders in the company hereby created, shall be a btjdy
iiolitic and corporate, In- the name and stjde of " The Eagle
Works Manufacturing Company ;" and shall have succes-
sion, a common seal, power to plead and be impleaded, to
appoint all necessary officers, servants and assistan ts, and
may have and enjoy and exercise all the powers necessary
to carry out and execute the purposes and intents of a steam
engine and machinery manufacturing company,
§ 2. A majority of the corporators herein named may
'uon.""'"""''^"'' proceed to open books for subscription to the stock of said
company, and shall, at the same time, or thereafter, desig-
nate a time and place for the first election of directors of
said company, by parties subscribing to the stock thereof,
and each share of stock so subscribed for shall be entitled
to one vote.
Amoxi.it of capital § 3. The Capital stock of said company shall be two
stock. hundred thousand dollars, with power to increase the same
to five hundred thousand dollars, to be subscribed and paid
for in the manner prescribed by the by-laws to be formed
])y said company, and shall be divided into shares of one
hundred dollars each, which shall be deemed personal
property, and shall be transferable on the books of the said
company in such manner as its by-laws may prescribe.
Bon-owing of mo- § 4. Thc Said corporatiou siuiU have pov/cr to borrow
'"'i- money, and may secure the payment of the same by deed
of trust, mortgages, or other securities.
Keai estate. § ^- I^ may be lawful for the company hereby incorpo-
rated to purchase and hold such real estate as may be deemed
necessary by them for the successful prosecution of their
business and may have power to convey the same.
_ , , ,. § 6. The affairs of the company shall be managed by a
Board uf dirc( - C ^ r_ »/ * p i K
tor3. board ot dn^ectors, at least live m number. Alter the nrst
election, as is herein provided, the directors shall be elected
l)y the stockholders, at such time and place and in such
manner as shall be established by the by-laws of said com-
pany. The directors of said company shall be elected,
annually; but any failure or omission to elect directors shall
in nowise impair or affect the rights and powers of directors
holding over or the rights or interests of the stockholders
or others interested.
By laws and lo-- § 7. The dircctors shall have power to frame a body of
by-laws, for the election or appointment of all the officers
and agents of said company and for regulating the opera-
tions of said company, and to alter the same in the manner
to be provided in said by-laws: I^rovided, that the same
shall contain nothing inconsistent with the laws or constitu-
tion of this state or of the United States,
§ 8. This act shall be deemed a public act, and be in
force from and after its ])assage.
Ai'PKovEu February 21, 1861.
Illations.
MANUFACTUKING COMPANIES. 469
AN ACT to incorporate ihe Illinois Starch Compan}'. In force February
7, ISOl.
Section 1. Be it enacted l>y the People of the State of
Illinois, rejyresented hi the General Assembly, That John
D. Caton, WiUiam H. W. Cushman, Andrew Lynch, Ebe-
nezer Peck, and their associates, be incorporated by the
name of "The IlKnois Starch Company," with all the pow- Name.
ers incident, necessary and useful to corporations; and, as
such, they are authorized to carry on the business of manu-
facturing starch and other products, from maize and other
grains, in tlie town of Ottawa, in the county of La Salle.
§ 2. The capital stock of said company shall not exceed capital stock.
two hundred thousand dollars, which may be divided into
shares of one hundred dollars each, and made transferable.
§ 3. The business of said corporation shall be managed i>i'-ectc"-s.
by a board of directors, the number of which shall be tixed
by the stockholders, at an annual meeting, to be held at
such time as the corporators shall determine. The stock-
holders may pass such by-laws, for the management of the
business of the said corporation, as they shall deem proper.
Appkoved February 7, 1861.
ers.
AN ACT to incorporate the Macomb Stone Company. Iiirovce Fetiniary
•1-1, istii.
Be it enacted by ihe People of the State of Illinois, repre-
sented in the General Assembly, That Eeubeu Rowley,
Charles Chandler, John Elting, Robert S. Rowdey and
John Clancy, and such other persons as shall become
subscribers to the capital stock hereinafter mentioned, be
and they are hereby created a body politic and corporate,
by the style and name of "The Macomb Stone Company;" cri.oraie i.o«--
and by that name they and their successors shall have per-
petual succession, and shall be capable of suing and being
sued, pleading and being impleaded, answering and being
answered unto, in all courts of law or equity; to have and
use a common seal, and alter the same at their pleasure; to
make and alter or revoke by-laws for the government of
said company; to hold, buy, purchase and dispose of, in any
manner, real estate, quarries or quarrying interests and per-
sonal property, of any description; and to have the right to
pay, in the stock of the corporation, for such real estate,
leases or quarries, as may be deemed necessary to purchase
or obtain for the o])erations of the works of the company;
to quarry stone, and to manufacture grindstones and whet-
stones, and to cut and saw stones for buildings and other
purposes, to vend the same, and, generally, to do and per-
form all other proper and needful acts as done by corpora-
tions.
Directors,
4:70 M^\JS^UFACTURING COMPANIES.
Capital stock. Secoucl. — TliG Capital stock of said company shall not be
more than two hundred and Ht'tj thousand dollars, which
niaj' be tixed and changed, within that limit, by the said
company, at any time, and divided into shares of such an
amount of representation par value thereof, as may be
ordered hy a vote of said company.
Third. — The said company may be organized, at any
time, by the persons hereinbefore named, or a majoritj- of
them, and who shall certify such organization in the books
of said company ; and they shall be the first directors of
said company and until others shall be elected in their stead
under the bj'-laws thereof,
officij certifi- Fourth. — Certified copies of the minutes, by-laws and
cates. records of said company, certified to be such by the presi-
dent of said company, with or without the corporate seal of
said company attached, shall become v^% prima facie evidence
of the facts therein appearing in all courts.
Individual liabii- Fifth. — x\ll the stocklioldcrs of said company shall be
"'^- severally and individually liable to the creditors of said
company, to an amount equal to the amount of stock held
by them, respectively, for all debts of said company, and all
contracts made by said company until the whole amount of
capital stock fixed and issued from time to time by said
company shall have been paid tor.
Api'koted February 22, 1861.
Corjiorate name.
lu force February ^x ACT to incorporate the Xorthwettein Agricultural Manafacturing Com-
10, ISGI. pj,^^.
Section 1. Be it enacted hy the People of the State of
Jllijiois, represented i7i the General Assefnbly, That lironson
Murray, James Yanderen, Alexander Campbell and Orville
JM. Adams, and their associates, successors, heirs and assigns,
are hereby created a body politic and corporate, l)y the
name and style of "The Northwestern Agricultural Manu-
fiicturing Company;" and by that name they shall have
])erpetual succession, and shall be capable of contracting,
and being contracted with, suing and being sued, defending
and being defended, in all courts and places, and in all mat-
ters whatsoever, ■svith full powers to acquire, hold, occupy
and enjoy all such personal and real estate as may l)e neces-
sary and })roper for the construction, extension and useful-
ness of the works of said company and for the management
and good government of the same; and the}^ may have a
common seal, and may alter the same at pleasure.
Mannfacturing § ^- Tlic corporatiou hereby created shall have full
pnvUeges. powcr and authority to manufacture, in eitlier of the coun-
MAOTJFACTURING COMPANIES. 471
ties of La Salle, Macon or Morgan, or in all of said counties,
all kinds of agricultural machines and implements, and to
purchase, hold and sell all parent rights for the same. And
said corporation, when organized, shall be under the direc-
tion of a board of directors — all stockholders in said compa-
ny— one of whom shall be elected president. The directors Rules and regdr.-
shall have power to make such by-laws, rules and regu- ''""^"
lations, for the election of directors and for conducting the
works and affairs of the company, as to them may seem
necessary, not inconsistent with the constitution and laws of
this state or of the United States, and may appoint such
officers, agents and employees and prescribe the duties of the
same, as they may deem necessary.
§ 3. The capital stock of said company shall be fifty capuai stock.
thousand dollars, to be divided into shares of fifty dollars
each, to be subscribed and paid for as may be prescribed by
the corporators above named, or their successors or assigns ;
but the capital stock of said company may be increased by
the directors thereof to such sum as may be necessary for
their objects, from time to time.
This act shall be in force from and after its passage.
ArPKOVED February 16, 1861.
AN ACT to incorporate the Tyler and Greenleaf Sewing Machine Company, in ,'orce Febraary
22, 1361.
Section 1. Be it enacted hy tJie People of the State of
Illinois, represented in the General Assembly, That Stephen
G. Tyler, Miller T. Greenleaf, Charles Delescluze and L. G.
Dupree, their associates and successors, and all such per-
sons as shall become stockholders in the corporation hereby
created, shall be a body politic and corporate, by the name
and style of "The Tyler and Greenleaf Sewing Machine Name and style.
Company ;" and shall have perpetual succession ; may have
a common seal, and alter the same at pleasure ; and, by the
corporate name aforesaid, may contract and be contracted
with, sue and be sued, implead and be impleaded ; and ac-
quire, hold, transfer and convey property, real and person-
al, and clioses in action, and patents and patent rights, in
the same way that natural persons by law may do.
§ 2. The capital stock of said company shall be one capitia stack.
hundred and twenty-five thousand dollars, to be subscribed
and paid for in manner hereafter provided, and shall be
divided into shares of five hundred dollars each, which shall
be transferable on the books of the company, in such man-
ner as the company may by by-laws direct.
§ 3. The said Stephen G. Tyler, Miller T. Greenleaf subscripUons
and Charles Delescluze are hereby appointed commission-
■il'2 MANHFACTIJRING COMTANIES.
erp, to receive subscriptions for stock in said company, and
shall open proper books for that purpose, in the city of
Quincy, Illinois, within sixty days after the passage of this
act. Every subscriber for such stock shall pay to said
commissioners twenty-five per cent, upon the amount of his
subscription at the time of said subscription ; and wlien the
amount actually paid in shall amount to the sum of twelve
thousand five hundred dollars, the said company shall go
into operation, and shall organize, by the electiou of a pre-
sident, secretary and treasurer, who shall, collectively, con-
stitute the board of directors of the said company, and shall
manage and control the business thereof, subject, however,
to such by-laws as may be passed in conformity with tlds
act.
Elections. § 4. At tlic clcctiou of the said board of directors eacli
stockholder shall cast as many votes as he holds shares of the
stock of said company ; and a plurality shall elect. The
board of directors shall be elected, annually, at a meet-
ing of the stockholders, to be called by the j^resident, of
which meeting reasonable notice shall be given to the stock-
holders.
§ 5. The board of directors shall determine the manner
and time of payments to be made upon the stock subscribed
, upon the books of the said commissioners ; and the shares
of stock which shall not be taken at or before the organiza-
tion of the said company shall be the property of the com-
pany, to be disposed of as the corporation may by by-law
direct.
oi.ject* and busi- § ^- The objcct and business of the said company sliall
ness. ])g tiig manufacture and sale of sewing machines, and for
that purpose it may use and exercise all and singuUir the
corporate powers conferred upon it by section first of this
act.
Rules and regu- § 7. The stocklioldcrs, at their annual and special meet-
hitiuus. ings, may adopt any and all by-laws and regulations con-
cerning the business of said company and the disposal of its
funds aiul pn-operty, not inconsistent with this act and the
laws of this state, which by-laws and regulations shall be
obligatory upon the board of directors, oflicers and members
of said compan3^
Special mating.". § 8. Spccial meetings of the stockholders may be called,
at any time, by the president or any two directors, but no
business shall be transacted at any such special meeting,
unless a majority of the shares subscribed be therein re-
presented.
§ 1>. At all meetings of the company stockholders may
vote by proxy, and shall, in all cases, cast as many votes as
they respectively hold shares of the capital stock of said
company.
§ 10. This act shall take efiect from its passage.
Api'koved February 22, 1861.
MASONIC HALL STOCK COMPANY. 473
AX ACT to incorporate tb« Masonic Hall Stock Company of tlie Citv of In force February
Decatur. ' ' ^^' ^S^^-
Section 1. Be it enacted hy the People of tJie State of
Illinois^ rej>rese'nted in the General Assemhly, That Jerome
R. Goriu, John L. Adams, Henry Bishop, William L. Ham-
mer, Charles H. Fuller, John JST. Fuller, Isaac C. Pugh,
Henry Schlaterman, George Goodman, James T. B. Stapp,
Edward O. Smith, Thomas O. Smith, Peter M. Wykoff,
William T. Stamper, Jasper J. Peddecord, Lowber Bur-
rows, Samuel F. Greer, C. C. Burroughs, Henry Prather,
Silas T Trowbridge, Amherst M. Stratton, Joseph King,
William J. Condell, Enos W. Henkle, Joseph Lowenstein,
Peter Macqueen, Thomas H. Wingate, Henry Hummell,
George W. Bright, Berry H. Cassell, James Simpson, Philip
H. Miller, Dewitt C. Shockly, Pichard F. Jones, John Lei-
by, William Martin, sen., and John Y. Braden, their asso-
ciates and successors, are hereby declared a body corporate,
by the name of "The Masonic Hall Stock Company of the corporate name
City of Decatur ;" and by that name shall have perpetual ""'^ po^^ers. ,
succession ; and have power to contract and be contracted
with, sue and be sued, plead and be impleaded, and in all
courts and places ; have a common seal, and alter the same
at pleasure ; and shall have power to make by-laws, not
inconsistent with the laws of this state or of the United
States.
§ 2. The capital stock of said company shall be ten capital stock,
thousand dollars, to be divided into shares of twenty-five
dollars each. The capital stock may be increased, in the
discretion of said company, to any amount, not exceeding
twenty thousand dollars.
§ 3. The corporate powers of said company shall be Directors,
vested in seven directors, one of whom shall be president
thereof, who shall hold their offices for one year, and until
others are appointed in their stead. Annual meetings shall
be held by the members of the corporation, for the choice
of directors and other business that may come before them. Election of direc-
at such time and place, in the city of Decatur, as a majority *°''^"
of directors shall appoint ; and notice thereof shall be given
in at least two of the papers printed in said city of Decatur,
at least ten days previous to said meeting. And the first
meeting shall be on the first Monday in March, a. d. 1S61.
The election shall be holden under the inspection of five
stockholders, who shall not be directors, to be appointed by
the directors, except those at the first meeting aforesaid,
who shall be appointed by the stockholders. The election
shall be by ballot, by a plurality of stockholders present,
allowing one vote for every share; and stockholders not
present may vote by proxy.
§ 4. The directors, so to be chosen, shall meet as soon rresiiient of the
as may be after such election, and shall* choose one of their ^^ '
474:
Trunf fer of elock
Certlflcatea
stock.
Secretary and
treasurer.
MEECHANTS ASSOCIATION, CHICAGO.
body to 1)0 president, who shall preside for one year ; and
in the ease of the death, resignation or inability to act of
the president or any director, snch vacancy or vacancies
may be tilled for the remainder of the year by the directors.
§ 5. Said company may hold real estate, not exceeding
twenty thousand dollars, and lease and convey or mortf-ao-e
the same ; may borrow money and secure the same by
bond and mortgage.
§ 6. The stock of said company shall be assignable and
transferable, or may be forfeited for nonpayment of assess-
ments, according to such rules as shall be adopted in that
behalf by the by-laws and ordinances thereof.
§ 7. Upon the organization of such company, as afore-
said, the directors shall cause certiiicates of stock to be issued
to the said corporators, and others, in pursuance of the
agreement heretofore had and now existing between them,
to such parties as may have complied with said agreement.
§ 8. The directors may appoint a secretary, a treasurer
and other otficers, who shall hold their offices for the term
of one year and until their successors are appointed. The
treasurer shall be required to give bond and securit_y for
the laithful discharge of the duties ot his office, to be ap-
proved by the directors.
§ 9. This act to take effect from and after its passage.
Appkoved February IS, 1861.
In force February
20, 1S61.
AX ACT to incorporate the Merchants' Association of Chicago.
Section 1. Be it enacted by the Peoijle of the State of
Illinois, represented in the General Assembly, That C. L,
Harmon, J. C. Walter, William Blair, J. K. Eotsford,
Thomas Church, E. S. Waldsworth, Mathew Latiin, George
Armour, George Steel, Thomas II. Beebe, E. M. Hough,
Nelson Tuttle, Edward Hempstead, F. D. Gray, Eli Bafes,
Clinton Briggs, II. G. Powers, J. Y. Clark, C. C. Parks, J.
11. Keid, C. G. Wicker, George C. Cook, Joseph T. Kyerson,
C. H. McCormick, and S. A. Smith, and their associates
and successors, and all such persons as shall become stock-
holders in the company hereby created, shall be a body cor-
corporat^ name, poi'atc, by tlic iiauie o'f " Tlic Alcrchants' Association;'" and
shall have succession, a common seal, power to plead and
be impleaded, to appoint all necessary servants and assist-
ants, and may have [and] enjoy exclusive all the powers ne-
cessary to carry out and execute the purposes and intents
of this act.
Amount of cupi- § 2. Tlic Capital stock of said company shall be one
million dollars, with power to increase the same to live
MERCHANTS ASSOCIATION, CHICAGO.
475
millions dollars, to be subscribed and ])aid for in the man-
ner horeinal'ter provided, and shall be divided into shares of
one hundred dollars each, Avhich shall be deemed personal
property, and shall be transferable on the books of said com-
pany only, in such manner as its by-laws may prescribe.
Any three corporators, herein named, may open books for
subscriptions. Ten dollars per share shall be paid upon sub-
scribing ; thirty dollars in thirty days ; thirty dollars in six-
ty daySj and thirty dollars in ninety days after the day of
subscribing. All stock subscribed for before or at the time
of electing directors, as hereinafter provided, shall be paid
up, in full, within the time herein specilied. As soon as an
election shall be had for a board of directors the corporators
who may have received the subscriptions shall pay over any
moneys and hand over any subscriptions received by them
on the capital stock.
§ 3. The said corporation shall have power to loan money ^"ad ^'isco^te!*^
and receive money on deposit and pay interest thereon and
to loan the said money, at any rate of interest not exceeding
the rate now or hereafter allowed by law to individuals, and
to discount, in accordance with bank usages, (and, in the
computation of time, thirty days shall be a month and
twelve months a year,) and take security therefor, either
real or personal, as the directors of said corporation may
deem suiiicient ; and may buy and sell exchange, bills, notes,
bonds or other securities ; may buy and sell coin and bullion;
may accept and execute all such trusts, whether hduciary or
otherwise, as shall or may be committed to it by the order
and decrees of any court or tribunal or other constituted au-
thority of the state of Illinois or of the United States ; may
make any special regulations, in relation to trust funds or
depositors or parties interested, for accumulating or increas-
ing the same, allowing and receiving such interest therefor,
not greater than that hereinbefore speciiied, as may be agreed
on ; may purchase annuities, issue letters of credit and other
commercial obligations. JS^o clause herein shall be con-
strued to authorize the issue of any bill, note or other obli-
gation, in the similitude of bank notes or other evidences of
debt, designed to be circulated as money ; but the said cor-
poration may, on settlement with other banks or bankers,
issue certificates of money, to be accounted for, on demand,
to bearer : Provided, that it shall at no time owe over one
hundred thousand dollars on such certificates. Said compa-
ny may act as agent in the collection of debts, the making
of investments and loans of money for other corporations or
individuals, for the purchase or sale of property, real or per-
sonal.
§ -l. It shall be lawful for the company hereby incorpo- Real estate,
rated to purchase and hold such real estate as may be con-
venient for the transaction of its business, and to take and
hold any real estate, in trust or otherwise, as security for or
476
merchants' association, CHICAGO.
I!o:iril of direc-
Dividends.
Iricrense of capl-
till rtock.
Real estate.
in payment of loans and debts due or to Ijeconie due to the
said company; to purchase real estate, at any sale made in
virtue or on account of any loan, debt or mortgage or trust
made to or held by the said company, and to recei^•e and
take in satisfaction of any such loan or debts any real estate
and to hold or convey the same.
§ 5. The affairs of this company shall be managed by a
board of not less than nine directors, who shall be stock-
holders in the company to the amount of not less than live
thousand dollars each. Whenever tlie sum of one hundred
thousand dollars of tlie capital stock shall have been actually
paid in an election shall be held for directors, not less than
five of whom shall form a quorum. The board of directors
may elect one of their number president and one vice presi-
dent. They may also appoint a secretary, cashier and such
other officers, agents and servants as they may think proper,
prescribe their powers, deline their duties, and require them
to give satisfactory security. They may make, ordain and
establish such by-laws, rules and regulations as they may
deem necessary to promote and transact the affairs and busi-
ness of the company, not inconsistent with tliis act and the
laws and constitution of this state and the United States.
The remainder of the capital stock may be open to subscrip-
tion, at such time and phice or places as the directors may
prescribe in the by-laws, and the same shall be paid in such
time and manner as shall be provided therein.
§ 6. The board of directors shall have the power to de-
clare dividends on the stock of the said company, from time
to time, at any time after the accumulation of the })r<>tits of
said compan}^ shall exceed live per cent, on the amount of
the capital stock actually paid in : Provided,, said dividends
shall not reduce the surplus of profits of the company to
less than five per cent, on the amount of the capital actually
paid in.
§ 7. At any time after the full payment of the original
capital of one million dollars into the company', as liereinbe-
fore provided, the board of directors may increase the capi-
tal of the cum])any to the amount limited, or any part thereof,
in shares of one hundred dollars each, in such nuxnner as
they may deem proper ; and said increase shall be subject
to all the liabihties, immunities and privileges of the origi-
nal stock, as provided in this act. The stockholders shall
have the option of subscribing to such increased stock, lyro
rata^ witliin sucli time as the directors may limit, of which
due notice shall be given.
§ 8. That any i-eal estate, acquired, in fee, by this corpo-
ration and not held in trust or as security, other than what
shall be necessary for the convenient use of the same for the
transaction of its business, shall not be held by the said cor-
poration longer than five years, and shall, within that time,
be sold and conveyed, either at public or private sale, so as
PEKTB, J. & W. : CHANGE OF NAME — rLANX ROADS. 477
to divest the said corporation of tlie title to and fee of the
same.
§9. Each stockholder in this corporation shall he liable i^i«wiify of stock-
to the creditors for the anionnt of his unpaid capital stock
for all deV)ts created during the time he holds such stock.
§ 10. This act shall take effect and be in force from its r
passage, shall be deemed a public act, and noticed as such
by all courts, and be liberally construed, to carry out the ob-
jects of this act.
Approved February 20, 1S61.
AN ACT to change the name of James Peets to James Eads and TTilliam 1° force February
Peets to William Eads, and make them heirs at law of James Adair Eads. '
Section 1. -Be it enacted hy the People of the State of
Illinois, rejjresented in the General Assembly, That the
name of James Peets be changed to that of James Eads,
and the name of WilKam Peets be changed to that of Wil-
liam Eads.
§ 2. That the said James Eads and William Eads shall
be and the}' are hereby declared to be entitled to all the
rights that would belong or pertain to them were they the
sons of the said James Adair Eads.
§ 3. This act shall take effect and be in force from and
after its passage.
Approved February 22, 1861.
AN ACT concerning the CoUinsville Plank Road Company. In force February
° ^ ■ 20, 1S61.
Section 1. Be it enacted by the People of the State of
Plinois, represented in the General Assembly, That the
president and directors of the CoUinsville Plank Koad Com- ^aie of the road,
pany be and they are hereby authorized to dispose of or sell
their railroad bed, right of way, bridges, toll houses, real es-
tate, franchises, or other property, after giving at least
thirty days' notice of such sale in some nevrspaper publish-
ed in each of the counties through which said road may
pass ; and such sale shall be approved by the president and
directors of said company.
§ 2. That in conveying or transferring the property of ^lo^e of transfer,
said company the conveyance or transfer shall be signed by
the president and countersigned by the secretary, and shall
be acknowledged before a justice of the peace or some other
PLANK ROADS.
officer fiiitliorized bylaw to take acknowledgments of deeds,
and shall be recorded in the recorder's ofKce of ]\radisoii and
St. Clair counties, and shall be taken and deemed, when so
executed, as a good and valid transfer of all the real estate,
personal or mixed, belonging to said company.
§ 3. That the purchaser or purchasers of said road, fran-
chises or other property belonging to the said company, un-
der said sale, shall be deemed the successor in law of the
said company, and shall have and enjoy the rights, pi'ivileo-es,
franchises and immunities granted to the same.
§ 4. The said plank road company, or the purchaser at
the sale made by said company, shall have full power to
change or relocate so much of said road, which is most sub-
ject to overflow, under the same proceedings for obtaining
right of way as is or may be provided in the general plank
road law of this state and the amendments "thereto, and,
also, shall have the right to vacate so much of said road as
lies southwest of the Belleville turnpike, in said county; and,
also, shall have the right to demand, collect and receive such
tolls as are authorized to be charged by the American Bot>-
tom Plank Itoad Company, and the right to sue for and col-
lect the same before any court having jurisdiction thereof,
as now provided or hereafter to be provided by law.
§5. The leasing of said j)lank road and'^its property,
franchises and immunities, heretofore made by said com])any
to Daniel D. Collins, is hereby ratified, confirmed and held
for good and valid in law, in all courts of law and equity,
according to the terms and effect of said leasing ; and any
sale made by said company shall be made subject to the
rights of said Collins in the premises; and in case no sale
is made by said company, under the provisions of this act,
said Collins or his assigns may have and exercise all the
rights, powers and immunities, and be entitled to all the
tolls and charges as said company could have exercised or
were entitled to, in pursuance with his said lease and the
provisions of this act, and shall, also, have the same power
to change, relocate and vacate said road as is provided in
this act in relation to the said company or the purchaser at
sale made by said company.
§ 6. This act shall be deemed a public] act, and be in
force from and after its passage.
Approved February 20, 1861.
In f.irre Fcivrnary AN ACT in relation to the Albion and Gravvllle Plank Road Comitam'.
21, ISCl.
Section 1. Be it enacted hy the People of the State of
JlUnois, represented in the General Assemhly, That the
Albion and GrayviUe Plank Road Com])any be allowed to
PLANK KOADS.
479
charge and collect tlie same rate of tolls as are now allowed
b}" the general plank road law of the state of Illinois.
§ 2. This act shall be deemed and taken to be a public
act, and shall be in force from and after its passage.
Appkoved February 21, 1861.
AN ACT to authorize the sale of the Belleville and Mascoutah Tlank Road. In force February
22, 1861.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assemhly, That the
Belleville and Mascoutah Plank Eoad Company are hereby
authorized and empowered to let, lease or convey to any
person or persons, corporation or county, in this state, for
such interest, rent or price as may be agreed upon with the
president and directors of said company, said plank road,
with all the land, right of way and privileges of said com-
pany. Any person, company, corporation or county, l)uying
said plank road shall, thereby, be fully vested with all the
rights, privileges and immunities now^ enjoyed by said plank
road company : Provided, however, that no such sale shall
be valid unless sanctioned by two-thirds of the stockholders,
in amount of stock, and shall have been executed and ac-
knowledged by the president of said company before an
officer competent of taking acknowledgments of deeds.
§ 2. This act to take effect from and after its passage.
Appkoved February 22, 1861.
AX ACT granting right of wav to the Galena and Mineral Point Plank Road In force February
r\ 2!, Ibol.
Company. '
WuEEEAs certain parties, acting under and by virtue of an
act of the legislature of the state of Illinois, approved
February 12th, 1849, entitled "An act for the construction
of plank roads by general law," and of the subsequent act
of the said legislature, amendatory of said act of Febru-
ary 12th, ISIrO",^ did form and constitute themselves into an
association, for the purpose of building and constructing
a plank road from Franklin street, in the city of Galena,
to the north boundary line of the state of Illinois, at or
near where the Mineral Point road crosses the same, and
to pass through townships number twenty-eight and
twenty-nine, in range one west of the fourth principal
meridian ; and whereas the said certain parties have
480
KAILEOADS.
Reduction of tax-
Vote of supervi-
formed themselves into a company, under tlienamc and
style of " The Galena and Mineral Point Plank Road
Company," for the purpose of huildin<^ the plank road
above described, and have built the same, nsinir a portion
of the public road therefor ; and whereas said company
iind it impossible to keep uj) said plank road, unless they
have the exclusive ri2;lit to said public road on which said
plank road is now built ; therefore,
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That said
Galena and Mineral Point Plank Road Company shall have
the exclusive right to use and the exclusive control of the
whole width of the public road on which said plank road is
now built, the entire length of said plank road : Provided,
said company shall reduce the rates of toll now allowed by
law twenty per cent.: And ptrovided, further, that all per-
sons residing on the line of said plank road shall have the
privilege of doing their highway work on said plank road,
under the direction and supervision of the board of direct-
ors of said plank road company ; and the labor so done shall
apply, as far as the same will go, in commutation of tolls,
for the use of said plank road.
§ 2. J^o rights or privileges granted by this act shall
inure to the benefit of said corporation until this act shall
have been approved by the vote of a majority of the board
of supervisoi's of Jo Daviess county, at a regular meeting
of said board, to be recorded on their journals, and a copy
filed in the ottice of said company.
Approved February 21, 1861.
In f( roe Febi uary AX ACT to confirm the union and consolidation of certain railroad charters
•li, iMl. gjjjj companies therein named.
"Whereas the charter of the Alton, Mount Carrael and New
Albany Railroad Company grants full power and author-
ity to that company to construct their line of railroad from
St. Louis, in the state of Missouri, to Louisville, in the'
state <jf Kentucky ; and whereas the legislature of the
state of Illinois passed an act to incorporate the Belle-
ville and Fairfield Railroad Company, approved Febru-
ary 15, 1855, thereby authorizing said last named com-
pany to construct about ninety miles of the above and
first named line of railroad ; and whereas the legislature
of the state of Illinois afterwards passed another act,
entitled "An act to amend an act to incoi-porate the
Belleville and Fairfield Railroad Company, and to change
its name," approved February 11, 1857, in which act full
KAILKOADS. 481
power and autliority is also conferred upon the said
Belleville and Fairfield Railroad Company to construct
the whole length of the said St. Louis and Louisville
railroad, thus giving to each and to both of the two
above named separate railroad companies full power and
authority to construct the same line of railroad, all the
way from St. Louis, in Missouri, to Louisville, in Ken-
tucky ; therefore, for the purpose of avoiding and pre-
venting any opposing or conflicting interests or divisions,
arising from the several charters above named, authoriz-
ing the construction of the same railroad from St. Louis
to Louisville by the above named two separate and dis-
tinct railroad companies, and tor the purpose of harmo-
nizing and uniting all the friends of the said line of rail-
road from St. Louis to Louisville, the following commis-
sioners and directors, named in the said Belleville and
Fairfield railroad charter, did make, execute, sign and
seal certain articles contained in a deed of agreement,
dated the February 26, 1859, for the purpose of joining,
uniting, consolidating and merging into one charter and
into one company, all the aforesaid Belleville and Fair-
field railroad charters and companies with and into the
said Alton, Mount Carmel and New Albany railroad
charter and company, to wit: Henry Godekin, Russell
Hinckley, John Mans, Edward Tittman, William H.
Phillips, A. D. Hay, A. Watts, C. O. B. Goforth, James
H. Beall, Hiram Bell, Daniel Turney, John Keen, sr.,
William Pickering, William Runcie, Charles Schofield,
T. M. Casey, Demsey Kennedy and John Moore, for and
in behalf of the said Belleville and Fairfield railroad
charters and company ; and, afterwards, to wit : on the
15 day of March, 1859, the president and a majority of
the board of directors of the sfad Alton, Mount Carmel
and InTcw Albany Railroad Company, viz : William Pick-
ering, William Runcie, Charles Schofield, George J.
Johns and William Schofield, for and on behalf of the
said last named company, did, also, make, execute, sign
and seal a certain deed of agreement and acceptance, for
the purpose of efi'ectually joining, uniting, consolidating
and merging the whole of the aforesaid Belleville and
Fairfield railroad charters and company with and into the
said Alton, Mount Carmel and New Albany railroad
charter and company; and both of the aforesaid deeds
were duly filed and recorded in the office of the secretary
of state, in the city of Springfield, Illinois, on the 8
day of April,. 1859, thereby fully and legally uniting,
consolidating, merging and joining together all the afore-
said railroad charters and companies, agreeably to the
recpiirements of the general law made and provided for
in such cases approved ; and to prevent any doubt arising
—42
482 KAILK0AD8.
as to the sufficiency of said articles and deeds of agree-
ment, union and consolidation, therefore,
Section 1. Be it enacted by the l\o'ple of the State of
Illinois^ represented in the General Assembly^ That the
consoiiiiatiou le- articlcs and deeds of agreement uniting, consolidating,
gaiized. iiiergino; and ioininc; together the said Belleville and Fair-
iield railroad charters and company and the said Alton,
Mount CarniCl and New Albany railroad charters and com-
pany, made and executed by and between the aforesaid
railroad companies, on the 26 day of February, 1859, and
on the 15 day of March, 1859, and duly tiled and recorded
in the office of the secretary of state, in Springiield, Illinois,
on the 8 day of April, 1859, be and the same is hereby
ratitied, sanctioned, conlirmed and approved; and, hence-
forward, all the rights, powers, interest, property, franchises,
times, privileges and immunities granted and in any way
belonging or appertaining to either and to both of said
railroad charters and companies, shall forever be vested in
and owned by the said Alton, Mount Carmel and New Alba-
ny Railroad Company, and their successors, as fully and
completely as if the same had been originally granted and
given in one charter to the said last named company : Pro-
vided, that nothing contained in this bill shall be so construed
Swamp lands rf ^s to interfere with or afl'ect the present title to the swamp
Wayne county. q;^-{^ overtlowcd lauds witliiu the limits of Wayne county,
Illinois : And provided, further, that nothing in this act
shall interfere witli the rights granted to the Ashley and
Mount Yernon Railroad Company.
§ 2. The act entitled "An act to continue the charter of
the Alton, Mount Carmel and New Albany Railroad Com-
pany," approved February 15, 1851, be and the same is
hereby re-enacted, renewed, revived and extended ; and
the times allowed, authorized and provided therein for the
commencement, completion and continuance of said railroad
shall be severally computed from the date of the passage of
this act.
Change of name. § 3. That whcnevcr the said united and consolidated
Alton, Mount Carmel and New Albany Railroad Company
shall desire to change the name and title thereof to that of
the St. Louis and Louisville Railroad Company, the same
shall be done by the president and majority of the board
of directors of said company passing a resolution for that
purpose, and recording the same upon the books of said
company, and filing a copy thei-eof with the secretary of
state, in the city of S])ringtield, Illinois; and thereafter the
said newly named coni])an3^ shall have and enjoy perpetual
succession ; by that name and title shall sue and be sued,
plead and be impleaded, in all courts of law and equity,
and shall hold, possess and enjoy all the immunities, rights,
powers, interest, property, franchises and privileges that
KAILKOADS. 483
are given, granted and conferred by each and all of the
above named charters.
§ 4. This act to be in force from and after its passage.
Approved February 22, 1861.
AN ACT to incorporate the Ashlc}- and Mount Vernon Railroad Company. I" '"2T^f86l'^^'^
Section 1. Be it enacted hj the Feoi^e of the State of
Illinois, represented in the Ge:eral Assembly, That all such
persons and corporations as shall become stockholders under
the provisions of this act, and their successors, be and they
are hereby made a body politic and corporate, by the name
of " The Ashley and Mount Vernon Railroad Company," ^'-^"^e-
and shall be vested with all the rights and powers usual and
incident to corporations, and necessary to carry out the
object of this act.
§ 2. The capital stock of this company shall be five capital stock.
hundred thousand dollars, with power to increase the same,
from time to time, to such amounts as may be necessary to
complete and operate the railroad herein authorized. It
may be divided into shares of one hundred dollars. Each
share shall entitle the holder to one vote.
§ 3. When an amount of the capital stock equal to one Election of direc-
thousand dollars per mile shall have been subscribed, the
shareholders may meet at Mount Vernon, and elect a board
of directors, of not- less than seven, and as many more as
they may then, and from time to time, at their annual meet-
ings, determine upon, under the by-laws. The board of
directors so elected, and their successors, shall have and
exercise all the powers of the corporation, including every
power necessary to accomplish the objects of this act, and
may, for that purpose, adopt by-laws, rules and regulations
for the management, government and control of all the
property and atitairs of the corporation : Provided, the
stockholders may limit and restrict their powers in such
manner as they may deem proper.
§ 4. The corporation may take, hold and convey such ^eai estate.
real estate and personal property as may be deemed neces-
sary to carry out the objects of this act, in acquiring the
right of way and depot grounds and buildings, equipping,
maintaining and operating a railroad, from Ashley, in Wash-
ington county, to Mount Vernon, in Jetferson county, with
single or double tracks, wnth all convenient turnouts, side
tracks, stations, depots, machine shops, and other buildings
and structures.
§ 5. For the purpose of acquiring the necessary lands Right of way.
for a right of way, not exceeding one hundred feet wide,
484 EAILROADS.
and for turnouts, side tracks, stations, depots, and other
structures and buildino;s, and tor materials to build, ballast
and rej^air the same, or any of them, in case of disagree-
ment as to price between the company, by its agents, and
the owner or owners, the same may be condemned,
taken and used, under the provisions of "An act to amend
the law condemning the right of way for purposes of in-
ternal improvement," approved June 22, 1852.
Appointment of § 6. AH tlic Hghts, powors aud privileges created, con-
couimissioners. fei-^'ed, autliorizcd or imposed by the provisions of the
eleventh section of "An act to incorporate the Illinois Cen-
tral Eailroad Company," approved February 10, 1851, are
hereby created, conferred, authorized and imposed upon this
company : Provided^ any judge of a circuit court, instead
of the judge of the district court of the United States, may
appoint the third person as commissioner, in case of a disa-
greement between the commissioners : And provided, fur-
ther, that in case either company refuse or neglect, for one
month after the request of the other to appoint or choose
one commissioner, as therein provided, then any circuit
judge may appoint such commissioner also.
Borrowing of mo- § ^- The corporatiou may borrow such sums of money
°6y- " as they may deem necessary, and upon such terms as the;^
may agree, for the carrying out the objects of this act,
and may provide any security therefor they think best, by
bond and mortgage, or otherwise,
issuing of bonds. § 8. The couuty court of Jetferson county is hereby
authorized and empowered to subscribe for such amount of
the capital stock of the said company as they may think
proper ; they may issue bonds and provide for the payment
of the principal and interest thereof by sale or mortgage
(one or both) of the swamp and overllowed lands of said
county, and dispose of such l)onds, for money, to pay their
subscription to said stock ; all and each to be upon such
time and terms and in such mode as they may deem best ;
or they may make such other disposition of said swamp
• lands, in aid of the construction and maintenance of said
railroad, as they may deem best for the public interest of
said county. The powers herein conferred shall extend to
the said swamp lands and their proceeds, as the same are
now in the hands of the trustee for the lienetit ot the Mount
Yernon Ilailroad Company. And all the provisions of the
act entitled "An act to incorporate the Mount Vernon Rail-
road Company," approved February 15, 1855, eiuibling and
empowering the county to dispose of said lands to that
compauy, and be applied to the company hereby created ;
and said lands and ]:>roceeds may be given to said raili'oad,
to aid in the construction of such road, u])on such terms
and coiuiitions as to the county court of said county may
seem for the public good ; and the power hereby conferred
KAILKOADS.
485
upon the county conrt shall continue and may be exercised
at any time within ten years from the passa.^e of this act,
§ U. Zadoc Casey/ Harvey T. Pace, John E. Allen,
William D. Green, Tazewell B. Tanner, Charles T. Pace,
Noah Johnston, or any three of them, may open books for
the subscriptions to the capital stock of said company, and,
the requisite amount beina; subscribed, may hold an election
for directors, upon giving ten days' notice ; and any three
of said commission^ers may hold said election, and may
make and return a certificate of such election to the county
court, and another to the directors elected ; each certificate
shall be recorded upon the books, the one of the county
court and the other of the company.
§ 10. The stock shall be personal property, and trans-
ferable upon the books of the company, as may be provided
by the by-laws. This act shall be noticed by all courts, and
liberally construed, and take effect from its passage.
Approved February 21, 1861.
Bioks of
gcription.
AX ACT to incorporate the Belleville and Eldorado Railroad Company. 1° ^22''^^S61 "*'^
Section 1. Be it enacted hy the Pecqyle of the State of
Illinois, represented in the General Assenihly, That Wilham
K. Parrish, Tilman B. Cantrell, William Trizell, John D.
Wood, Samuel K. Casey, A. D. Duff, Dr. Jacob Smith,
Henry Weber, Wilham Watkins, Parker Massey, William
H. Parrish, A^oltair Chaesser, Warner E. Burnett, Willis A.
Stricklin. Wilham Thomsberry, Yalentine Kathbone, Eich-
ard N. Warfield, Wilie Elder, Nathaniel Bramlet, William
Hall, George E. Burnett and William Elder, and their heirs,
successors and assigns, are created a body politic and cor-
porate, under the name and style of " The Belleville and xame.
Eldorado Eailroad Company ;" and in that character shall
have perpetual existence and succession ; and shall possess
all the powers, privileges, immunities and rights incident
to corporations and necessary to carry into effect the ol)jects
and purposes of this act, which is to lay out, build, construct,
equip, complete and continue in operation a railroad, from
Belleville, in St. Clair county, by way of Benton, in Frank-
lin county, and Galatia and Ealeigh, and to Eldorado, in
Saline county ; and they may cross any railroad or railroad
line, now laid out or hereafter to be laid out in this state ;
and they may make connections with any railroad on the
line or at either terminus, on such terms as may be mutually
agreed upon between the parties ; oi*, if the}' cannot agree,
tliey may have the same referred.
486
KAILKOADS.
Capital stock
Bonks for
scription.
Location and
building of road.
C'Hinty and town
SLili:tcriiitions.
Corporate poH-L'rs
§ 2. The capital stock of said company shall be one million
of doHars, and may be increased, at any time, by amajurity of
the legal votes of said company voting in favor of such in-
crease : Provided., notice of such intended vote shall have
been published in some public newspaper published on or
nearest said railroad line at least thirty days before the day
of voting thereon. Said capital stock shall be divided into
shares of one hundred dollars each, and each share on which
there are no unpaid calls shall entitle the ho7ia fide owner
thereof to one vote, either in person or by legal proxy, in
all elections for directors or for increasing the capital stock
of said company, and on such other subjects as may be pro-
vided for by the by-laws and regulations of said company.
§ 3. Said company may organize by opening books for
the subscription of stock and elect their board of directors,
to consist of seven at any time, after the [passage] of this
act, by giving notice of the time and place of said election,
by publishing notice thereof in some newspaper published
nearest the center of the line of said road and having a copy
of the same directed to each member of said company at
least thirty days before the day set for such organization.
§ 4, Said company shall [have] power, when, in their
discretion, they have a sufficient amount of capital stock
subscribed, to proceed to lay out, locate, construct, build,
equip, complete and operate their railroad ; and, for that
purpose, may take, use, occupy, condemn and own any
lands, earth, gravel, sand, stone or other material, for two
hundred feet wide along the whole length of said road :
Provided., the same is condemned in pursuance of the re-
quirements of the laws now in force for condemning landa
for railroad purposes, in this state ; or they may mutually
agree with the owner of such property or receive the same
as gifts, grants or donation.
1^ 5. Any incorporated city, town or county, situate on
or near the line of said road, may subscribe to the capital
stock of said company any sum, not exceeding one hundred
thousand dollars : Provided^ a majority of the legal voters,
voting on that question, shall have voted in favor of such «
subscription, if the notice given and the election held shall
have been in conformity with the laws in regard to other
special elections ; and, to this end, the county court or board
of supervisors may, from time to [time,] order election and
and specify the amount proposed to be subsci'ibed, as they
may deem expedient; and the clerks of the county court or
board of supervisors shall receive the poll books and canvass
the votes and report the same, as in other elections.
§ T). Said company may have a common seal, and alter
the same at pleasure ; and the board of directors may make
such l)y-la\vs and I'egulations as they may deem expedient
ibr the government of said company, not inconsistent with
the constitution or laws of the United States or of this state ;
EAILKOADS. 487
and they may issue the bonds of the company and negotiate
tlie same and mortgage the property of said companj', both
real or personal, or mixed, for the payment of said bonds or
any part thereof.
§ 7. All the rights, privileges and immunities necessary
to carry into eiiect the provisions of this act, not granted
herein, may be obtained under the laws now in force in
this state.
§ 8. This act shall be deemed a public act, and be in ^
force from and after its passage.
Approved February 22, 1861.
AN ACT to amend the charter of the Belleville and Southern Illinois Eailroad, in force February
approved February 14, 1857. '-Jl, ISGl.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly , That the
second section of the charter of the Belleville and Southern shares of Ftoct.
Illinois Eailroad, approved February 14, 1857, be and the
same is hereby amended, so as to strike out the words
"shares of one hundred dollars each" and insert instead
thereof the words "shares of tifty dollars each."
§ 2. That the sixth section of the above named charter
be and the same is hereby amended, so as to strike out the
words "whenever a hundred thousand dollars shall be sub-
scribed" and insert instead thereof the words "whenever
hfty thousand dollars shall be subscribed."
§ 3. That the eighteenth section of the above named
charter be and the same is hereby amended, so as to strike
out the words " within five years and complete the same
within eight years" and insert instead thereof the words
"within ten years and complete the same within fifteen
years."
Approved February 21, 1861.
AX ACT to incorporate the Chicago and Evanston Railroad Companv. In force February
ZH-IIJ, 1861.
Section 1. Be it enacted hy the Peoj^le of the State of
Illinois^ represented in the General AssemUy^ That James
G. Hamilton, George W. Thompson, Orrington Lunt,
Hugh T. Dickey, Jabez K. Bottsford, S. B. Chase, Henry
Smith, Edwin Haskins, Thomas C. Hoag, Isaac IN". Arnold,
J. F. Willard, and John Evans, and their associates, who
4SS
KAILR0AD8.
Null!
General powers.
Laying of track.
Capital stock.
Uiglitofway.
may be sucli by becomino; stockholders in this company,
and their successors, be and they are hereby created a body
politic and corporate, by the name and style of "The Chi-
cago and Evanston Railroad Company," with power to sue
and be sued, plead and be impleaded, to adopt a common
seal and alter it at pleasure ; to adopt such by-laws, rules
aud regulations as they may deem expedient; and to have
and exercise all other rights and powers necessary to carry
out the intentions of this act.
§ 2. They shall have power to locate,' construct, main-
tain and operate, with horse power or locomotive cars, from
the city of Chicago to any point in the town of Evanston,
a railroad, with single or double track, turnouts, sidings, de-
pots and all other necessary appliances. They may contract
with the North Chicago Horse Railroad Company or any
other company or party to operate their road or the road of
such other party, either separately or jointly, as may be
agreed upon. They may acquire, by donation, stock sub-
scription, or purchase, dispose of and convey, as they may
deem expedient, real estate, not to exqeed in value on hand
at any one time the capital stock of the company ; and, for
the purpose of carrying out the intentions of this act, they
shall have power to borrow money, not to exceed in amount
the capital stock of the company, and to secure the payment
thereof by pledge or mortgage of any or all of its property,
rights, credits and franchises. No authority is or shall be
granted to said company or to any other corporation or
party, by the city of Chicago, to lay any railroad track in
Wells, Dearborn, Walcott, Cass, Rush, JPine, JSTorth or South
Clark streets, or in Wabash or Michigan avenues, in the'
city of Chicago ; but the laying of the same is hereby ex-
pressly prohibited.
§ 3. The capital stock of the company shall be one hun-
dred thousand dollars, which shall be divided into shares
of one hundred dollars each. It may be increased, by a
two-thirds vote of all the stock of the cunipan}^, at any reg-
ular meeting of the stockholders, to an amount not to exceed
three hundred thousand dollars. Books may be opened
for subscriptions to the stock of the company, as may be
deemed expedient by the board of directors.
§ 4. The affairs of the company shall be managed by a
board of twelve directors, a majority of whom shall form a
quorum. After the expiration of the term of the hrst board
they shall be elected, annually, by the stockholders, as may
be provided in the by-laws, and shall hold their ofKce for
one year, and until their successors are elected. The per-
sons herein named as corporators shall be the first board of
directors.
§ 5. In ]>rocuring the right of way for said railroad they
shall be entitled to such privileges and rights to cross or
RAILBOADS. ' iSO
run along highways as may be granted by the commission-
ers of highways of the towns through which it may pass ;
and, when, on accoimt ot nonresidence, minority or other
disability to sell, on the part of owners of property, or
where parties refuse to grant their property, or fail to agree
as to compensation for the right of way or depot grounds,
said company may condemn and take the same, according
to the provisions of "An act to amend the law condemning
the right of way for purposes of internal improvements,"
approved June 22, 1852.
§ 6. This act shall take effect and be in force from and
after its passage, and continue for fifty years.
Approved February 16, 1861.
AN ACT to incorporate the Chicago and Alton Railroad Company. In force February
18, 1861.
Section 1. £e it enacted hy the Peojple of the State of
Illinois^ rejpresented in the General Assembly, That James corporators.
Robb, Charles Moran, Adrian Iselin, ISTathan Peck, Louis
Yon Hoffman, Lewis H, Meyer, Septimus Crookes, William
B. Ogden, Jacob Bunn, J. J. Mitchell, Joseph B. White and
E. M. Gilbert, be and are hereby constituted commissioners,
with power to organize a corporation, to be styled "The
Chicago and Alton Railroad Company," subject to all the
conditions, franchises, rights and privileges conferred by
this act.
§ 2. That the commissioners named in this act, or a Transfer of cer-
majority of them, shall have power to acquire, for them- p^er'ty!'' ^' '^™'
selves and their associates, by purchase, transfer or convey-
ance, all and singular the railroad and all its property, real
and personal, with the corporate rights, franchises, rights,
privileges and effects, now or hereafter belonging to, or
owned, or vested in the Alton and Sangamon Eailroad
Company, afterwards called the Chicago and Mississippi
Railroad Company, and also the Chicago, Alton and St.
Louis Railroad Company.
§ 3. That whenever the commissioners named in this organization and
act shall have filed in the ofiice of the secretary of state
evidence of their being in legal possession of the railroad
and property described in the foregoing section of this act,
together with a certificate of the judge of the United States
Circuit Court for the ISTorthern District of Illinois, that the
liens secured and payments ordered to be made by the
decree or order of said court, entered of record on the thir-
tieth day of November, a. d. 1859, and orders heretofore
entered amendatory of and supplemental to said decree,
have been fully paid or otherwise settled, to the satisfaction
—43
name.
490
KAILROADS.
Chief office.
of tlie parties interested tlierein, they, their successors, asso-
ciates and assigns shall be and are hereby created a corpora-
tion and body politic, l)y the name, style and title t»f " The
Chicago and Alton liailroad Company ;" and by that name
and style shall have perpetual succession ; and shall be
capal)le in law of suing and being sued, to plead and be
impleaded ; to make and use a common seal, to alter and
rene.\' the same at pleasure; and to do and perform all .mch
acts, and to make all such contracts, proper and necessary
for the successful operation of the railroad referred to in
this act; and such commissioners shall act as the lirst Ix'ard
of directors of said corporation, and shall elect from their
body a president, who, with themselves, shall serve until
their successors are apjtointed, as hereinafter provided.
§ 4. That the chief office of said corporation shall be in
the city of Chicago ; and the board of directors named in
this act shall serve until the first Monday in April, 18G2,
when an election of their successors shall be held in the city
of Chicago, at the office of the corporation, under the con-
trol of three commissioners, appointed by the directors
named in this act ; and said election shall be preceded by
thirty days' notice, published in one or more newspaper:
Issuing of bonds
printed in the cities of Chicago and New York. The
said
Adjustment of
debts.
board shall be composed of seven directors, a majority oi
whom shall be citizens of the state of Illinois ; each director
shall be a hona fide stockholder and the owner of at least
one hundred shares of the stock of the corporation. A
failure to elect directors shall not dissolve the corporation,
but the directors in office shall continue the exercise of their
functions until a new board is duly elected ; and any vacancy
occurring, otherwise than by the limitation provided in this
act, may be tilled by a vote of members of said board contin-
uing to act as as such.
§ 5. Tliat the president and directors of said corporation
shall have power and are hereby authorized, in virtue of an
agreement made, had and concluded, on the tenth day of
January, a. d. 1860, in the city and state of Xew York, by
and between the bondholders of the Chicago and Mississippi
Railroad Company and the Chicago, Alton and St. Louis
Railroad Compau}^, to issue first moi'tgage bonds, income
bonds, preferred stock, and common stock ; and a majority
of the bondholders of the aforesaid coi'porations, who are
parties to said agreement, may amend and alter its stipula-
tions in any manner, not inconsistent with the provisions of
this act: Provided^ nevertheless^ a certified copy of said
agreement shall be recorded in the office of the secretai'y of
state of this state previous to the issue of said fii'st mort-
gage bonds, income bonds, preference stock and common
stock.
§ G. That the president and directors of said corpoi-ation
shall have power to assume, compromise or adjust any debts
EAILEOADS. 491
or liabilities of the corporations whicli held or controlled said
railroad prior to its sale and purchase by the commissioners
named in this act.
§ 7. That the president and directors of said corporation First mw-tgage.
shall have power and are hereby authorized to create a lirst
moi'tgage or lien upon its entire property, real and j^ersonal,
and its franchises, rights and privileges, to secure the pay-
ment of its first mortgage bonds; and, the more effectually
to secure said bonds, any purchaser or purchasers under said
first mortgage or the railroad of said corporation and of its
property, real and personal, shall, in virtue of such purchase
and from the date thereof, shall be vested with all the fran-
chises, rights and privileges conferred by this act, with power
to use, enjoy and maintain the same, as the successor or
successors in office of the board of directors authorized and
provided for in this act, and as fully as said board could do.
§ 8. That the president and directors shall not have
power to make or execute any mortgage, lien or deed of
trust, except for the purposes authorized in section Y of this
act; nor shall they issue or create any income bonds, pre-
ferred stock or common stock, except for the purposes as
provided for in an agreement by and between the bondhold-
ers of the Chicago and Mississippi Kailroad Company and
the Chicago, Alton and St. Louis Kailroad Company, a duly
certified copy of which shall be recorded in the oflice of
secretary of state of this state.
§ 9. That the capital stock of said corporation shall be stock,
represented by the preferred stock and common stock, as
provided for in section 8 of this act ; but the same may be
increased by the president and directors of said corporation,
by and with the consent, in writing, of three-fourths of its
stockholders.
§ 10. That the president and directors of said corpora- Debts and liawu-
tion shall not have power to create any debts or liabilities, ^^^'
without the consent, in writing, of three-fourths of its stock-
holders, except those incurred for necessary supplies in
operating said road, and as provided in the fifth section of
this act.
§ 11. That the president and directors of said corpora- ^'^^^^'"""^ ^♦'"^j
tion, by and with the written consent of a majority of its ty/°* '''^"^^
stockholders, shall have power to acquire, by lease, purchase
or otherwise, any extension of its road necessary and proper
to its business ; and all the property so acquired shall become
part of the property of said corporation, and shall be as
fully [subject] to the provisions of this ^ct as if the same
constituted part of the original purchase by said commis-
sioners hereinbefore named ; and said corporation, hereby
created, shall renew the lease now subsisting between the
Joliet and Chicago Kailroad Company and James Robb and
Charles Congdon, receivers of the St. Louis, Alton and Chi-
cago railroad, and upon such terms and conditions as may
492
EAILROADS.
Election by stock-
hold rs.
Rates of trans-
portation.
Annual state-
ments.
Existing debts.
be agreed upon by and between the proper officers of said
companies; and in case such officers shall be nnable to agree
on such terms, then each of said companies shall appoint an.
arbitrator or referee, who shall be disinterested persons ; and
in case such arbitrators or referees shall be unable to agree,
they shall appoint an umpire, whose award shall be final.
§ 12. That at all meetings of stockholders of said corpo-
ration, convened for the election of its directors, or for other
purposes, each holder or holders of its first mortgage and
income bonds shall be entitled to votes corresponding to the
number of said bonds which he, she or they may hold at
the time of holding said meetings : And, it is further pro-
vided, that each and every share of stock of the corporation
shall be entitled to one vote, at all meetings of its stockhold-
ers, and shall be voted in person or by proxy.
§ 13. That the president and directors of said corjDora-
tion shall have power to do everything necessary to preserve
and maintain its railroad property and effects, not inconsist-
ent with the provisions of this act, and may prescribe by-
laws for the government of its officers, fix the rates of toll
in the transportation of freight and passengers over its rail-
road, and ordain rules and regulations for the division of its
profits, and the mode and manner of keeping books for the
transfer of its stock.
§ 14. That the president and directors of said corpora-
tion shall submit to a meeting of stockholders, to be con-
vened in the cities of ]^ew York or Chicago, one month
before an election of directors, a complete statement of it
operations for the preceding year; which shall be examined,
with the accounts of said corporation, by a committee of
three stockholders, appointed at said meeting, and who shall
report, in writing, on the accounts and afiairs of the corpo-
ration at the meeting convened to elect its directors.
§ 15. That the filing or recording in the office of the
secretary of state of the state of Illinois, by the commission-
ers named in this act, or the survivors of them, of the certifi-
cates described and designated in the third section of this
act, shall be construed as the assent of the parties in interest
to their act of incorporation, which shall take efiect from
and after the filing of said certificate.
§ 16. Nothing contained in this act shall alter or impair
the existing rights of any creditor or creditors of the several
corporations heretofore known as the Chicago and Missis-
sippi Railroad Company, the Alton and Sangamon Railroad
Company, the Chicago and St. Louis Railroad Company,
and the St. Louis, Alton and Chicago Railroad Company,
to prosecute and enforce against such corporations any claim
or demand, whatever, cither in law or equity, against such
companies.
Ai'i'RovED February 18, 1861.
EAILEOADS.
493
AN ACT to incorporate the Fulton City, Mount Carroll and Freeport Rail- Ii» fo';f f^^b'-uary
road Company.
Section 1. £e it enacted hy the People of the State of
Illinois, represented in the General Assenibly, That John
A. Melendy, Samuel S. Dunn, Adam ISTase, Henry A. Mills,
Henry Asliway, Duncan Macay, James Marks, Monroe Bai-
ley, John Phelps, Charles Wheeler, Yoluey Armour, Ben-
jamin P. Miller, Ingram G, Garner, John A. Clark, John
F. Ankney, and their heirs, associates, successors and assigns,
be and they are hereby created a body politic and corporate,
by the name and style of "The Pulton City, Mount Carroll ^'''^'^
and Preeport Railroad Company," with perpetual succes-
sion ; and by that name and style shall be capable, in law,
of taking, purchasing, holding, leasing, selling and convey-
ing real and personal property, so far as the same may be ne-
cessary for the purpose hereinafter mentioned ; and in their
said corporate name, to sue and be sued, plead and be im-
pleaded, in any court of law or equity in this state or any
other place; to have a common seal, which they may alter
or renew at pleasure ; to have a capital stock of one million
of dollars, to be divided into shares of one hundred dollars capital stock.
each, which said capital may be increased, from time to
time, by a vote of a majorit}' of the directors of this corpo-
ration, to any sum requisite for the completion and fulfill-
ment of the objects and purposes of the corporation hereby
created. And said above named persons shall be and con-
stitute the first board of directors, and may have and exer-
cise all powers, rights, privileges and immunities which are
or may be necessary to carry into eflect the purposes and
objects of this act as hereinafter set forth.
§ 2. Said directors shall organize the board as soon as officers of the
practicable after the passage of this act, by electing one of ^'^^^^'
their number president and by appointing a secretary and
treasurer ; which organization shall be certified by said direc-
tors or a majority of them; and such certificate shall be record-
ed in the record book of said company ; and said record shall
be sufficient evidence of such organization, and a certified
copy thereof, under the seal of said corporation, shall be
received in all the courts of this state as evidence of the
facts therein stated. And saidVlirectors shall hold their ofii-
ces until the first Monday of August following their organi-
zation, and until their successors shall be elected and quali-
fied, as by the by-laws provided. All vacancies in said
board may be filled by a vote of two-thirds of the directors
jDresent at any regular meeting of the board or at a special
meeting called for that purpose.
§ 3. The said company are hereby authorized and em- construction of
powered to locate, and from time to time to alter, change,
relocate, construct, reconstruct and fully to finish, perfect
and maintain a railroad, with one or more tracks, commen-
404 BAILE0AD8.
•
cing at or near Fulton City, in the county of Wliitesido;
tlience, by Tvay of the incorporated town of Mount Carroll,
in the county of Carroll, to the city of Freeport, in the coun-
ty of Stephenson. And the said company are further au-
thorized to use an 1 operate said raih'oal; and shall have
power and authority to regulate the time and manner in
which goods, efi'ects and persons shall be transported on tlie
same ; and to prescribe the manner in Avhich said railroad
shall be used, and the rate of toll for the transportation of
all persons or property thereon, and for the storage of mer-
chandise and other property under their charge ; and shall
have power to provide all necessary stock and materials for
the operation of said road ; and shall have power to erect
and maintain all necessary depots, stations, shops and other
buildings and machinery, for the accommodation, manage-
ment and operation of said road.
Bonk? for sub- g 4. Said directors shall, as soon after the passage of
scnpuon. ^1^.^ ^^^ ^g practicable, open books for the purpose of receiv-
ing subscription to the capital stock of said company, at
such places along the line of said road and elsewhere, as
said directors shall determine, under the direction of such
agents as said directors shall appoint; and said books shall
be kept open, from time to time, until the amount of said
capital stock shall be subscribed or until said directors shall
determine to close the same.
Town and county § 5. That thc scvcral towus, cities, or counties through
subscription. ^^^ ^^^_^^^ which Said road shall pass, may subscribe for and
take stock in this company: I^rovided, that no such sub-
scription shall be made unless a majority of the legal voters
of said town, city or county shall vote for the same, at an
election to be held under order of the county court or board
of supervisors in case of counties, and of the corporate au-
thorities in case of towns and cities.
Right of way. § 6. This compauy is hereby authorized, for the purpose
of procuring the right of way for said road, to proceed un-
der the act to provide for a general system of railroad in-
corporations, approved Kovember 5th, 1849, and under the
act amendatory to said act, approved June 22d, 1852, for
the condemnation of lands by incorporated companies.
Issuing of bonds. §T. Said road and its appendages, or any part thereof,
or au}^ 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
loans, at such rates and on such terms as two-thirds of the
directors may determine ; and may make such bonds con-
vertible into the capital stock of said company, at the option
of the holder; and may provide a sinking fund for the re-
demption of said road out of the earnings of said road.
nuios and reguia- § 8. Said Company shall have power to make, ordain
tioDB. j^^^j establish such by-laws, rules and regulations as maybe
be deemed expedient and necessary, to fulfill the purpose
KAILKOADS. 495
and carry into effect the provisions of tliis act : Provided^
that the same be not repugnant to the constitution and laws
of the United States and tliis state.
S 9. Said company shall have power to unite its railroad, ^'"',?V ^^'^ f'^"-
m wliole or m part, with any other railroad or railroads, now other roads,
constructed, or which may hereafter be constructed, coining
in contact therewith, and to grant any such company or com-
panies the right to construct and use any portion of said line
of road hereby authorized to be constructed, and to purchase
of any such company or companies, the right to construct,
operate and use the line of road, constructed or in course of
construction by such company, and to lease or purchase the
right of way, and franchises of any such company, together
with its ecpiipments, rolling stock, furniture and materials
used in constructing or operating such road or roads, and to
complete, finish, use and operate any such line of road, so
purchased or leased, upon such terms as may be mutually
agreed between the said company or companies, or may
consolidate the capital stock with the capital stock of any
railroad company with which it shall intersect, and shall
have power to place the road of said company, and its capi-
tal stock, so consolidated, under the direction of a board of
directors, of not less than seven, at least live of whom shall
be chosen from stockholders resident within the counties
through which said consolidated roads are located. The first
board of directors shall be chosen as the directors of the
companies consolidating their capital stock shall direct and
agree; and all subsequent boards to be elected as shall be
provided by the by-laws of said company.
§ 10. The said corporation shall be bound to repair all
public liighwa_ys, bridges or water courses, which may be in-
jured in constructing said railroad or its appendages, and
shall restore them, as far as practicable, to as good a condi-
tion as they were before they were injured.
§ 11. Said company are hereby authorized to take and Paynient of sub-
receive from the several subscribers to the said capital stock, boVf 'materials,
money, labor, materials, cars, locomotives or other articles, ^'°'
adapted to the construction or operation of said railroad, or
any property that, in the opinion of the board of directors,
may be exchanged or converted to such use ; and upon re-
ceiving full payment, in manner aforesaid, to any such sub-
scription of stock, may issue to such subscriber or subscri-
bers certificate therefor.
§ 12. The company shall be allowed five years, from the
passage of this act, for the commencement of said railroad ;
and in case at least fifteen miles of the same shall not be
completed in ten years thereafter, the privilege herein grant-
ed shall be forfeited.
§ 13. This act shall be deemed and taken as a public
act, and shall be construed beneficially for all purposes here-
in specified and intended.
Approved February 20, 1861.
496 RAILKOADS.
ln7orce Fein-uary AN ACT to amend all act entitled "An act to incorporate the Highlaud and
21> 1S61. St. Louis Railroad."
Section 1. Be it enacted hy the People of the State of
Illinois, represented 171 the G-eneral Assembly , That "An act
to incorporate tlie Highland and St. Lonis Eaih-oad," ap-
proved February the l2th, 1859, is hereby amended ; and
the directors of the same shall have the right and privilege
to continue the construction of said road, in sections uf any
designated length, at their own option, or discontinue the
further construction thereof, retaining to the company all the
rights and privileges and immunities granted by said act, for
any and all such sections so constructed.
Appkoved February 21, 1861.
^° ^°2'^?®fs1f°"^ ^^^ ^CT to amend the charter of the Illinois Southern Railroad Company.
Section 1. Be it enacted hy the People of the State of
lllinios, represented in the General Assembly, That the ninth
countv or town scctioii of the act entitled "An act to incorporate the Illinois
subscriptions. Southern Railroad Company," approved January 31st, 1857,
be so amended, by and with the consent of the president
and directors of said company, as to read as follows, viz :
"The several towns, cities or counties, through or near
which said railroad shall pass, may and they are hereby
authorized. to subscribe for and take stock in the said com-
• pany, to any amount, not exceeding one hundred and fifty
thousand dollars for each of said towns, cities or counties; and
may issue their corporate bonds therefor, making the same
payable when and where the parties thereto may agree; and
in order to secure the i:)rompt payment of the principal and
interest of such corporate bonds, in whole or in part, the
proper authorities of such towns, cities or counties may, in
their discretion, assess and levy a special tax upon the taxa-
ble property of such towns, cities or counties : Provided,
Vote upon sub- that 110 sucli subscriptiou sludl be made unless a majority
scription. of the legal voters of such towns, cities or counties shall
vote for the same, at an election, to be held under order of
the county court in case of counties, and of the corporate
authorities in case of towns or cities."
§ 2. This act shall be in force as soon as the same shall
have been approved b}^ the board of directors of said com-
pany.
Appkoved February 22, 1861.
KAILEOADS. 497
AN ACT to amend an act entitled "An act to construct a Railroad from Joliet in force February
to Chicago," approved February 15th, 1855. ^0' ^861.
Section 1. Be it enacted ly the People of the State of
Illinois^ represented in the General Assembly^ That so much
of the act entitled "An act to construct a raih'oad from JoHet Time of eompie-
to Chicago," approved February 15, 1855, as limits the du-
ration of the corporation thereby created to the term of
thirty (30) years, and the time for the completion of the rail-
road therein mentioned and its appendages to the term of
five (5) years, be and the same is hereby repealed.
§ 2. The capital stock of said company may be increas- Capital stock.
ed, from time to time, by a vote of stockholders representing
a majority of stock, to an amount equal to the cost of the
railroad in said act mentioned, its appendages and property,
purchased or acquired, or that may hereafter be purchased
or acquired ; and the said company shall have power to
borrow such sums of money, from time to time, as may, in
the opinion of the directors or a majority of them, be deem-
ed expedient ; and may issue and dispose of its bonds or issuing of bonds.
obligations, for the purposes aforesaid ; and may mortgage
all or any portion of its property and franchises, now acquired
or that hereafter may be acquired, to secure the payment
of any debt contracted by said company, by such form of
deed or deeds and with such powers of sale therein contain-
ed as the said directors or a majority of them may think fit
and proper ; and such company may sell its bonds or obli-
gations, either within or without this state, at such rates and
prices as the said directors or a majority of them may sanc-
tion and determine ; and said sales shall be as valid and
obligatory upon the company, for the full amount of the
bonds or obligations sold, as if such bonds or obligations
were sold at par value.
§ 3. The said company may, from time to time, pur- Depot grounds
chase, occupy and hold such depot grounds or any other ^"^ P''op«''y-
property that its directors or a majority of them may deem
expedient, for extending its railroad business and trafiic ;
and all of the rights and privileges of said company are
hereby extended to the property which may be thus ac-
quired, with power to exercise the same.
§ 4. The said company may change its corporate name ciiange of name.
and style to such name and style as its directors, by resolu-
tion, may order and direct, upon filing in the office of the
. secretary of state a coj)y of such resolution, within thirty
days after the passage of the same, and publishing a like
copy in one or more newspapers published in the cities of
Joliet and Chicago.
Approved February 20, 1861.
498 KAILBOADS.
In force February AN ACT to amend an act entitled "An act to construct a Railroad fiwn
20, ISGI. Jacksonville, in Morgan county, to Alton, in Madison county," approved
February 15th, 1851, and other ajts amendatory thereto.
Section 1. Be it enacted hj tJie People of the State of
Illinois, represented in the General Asse/nhly, That the
ra.vmenfs of sub- Jacksonville, Alton and St. Louis Itailroad Company, in
bo'^|"'mate"iais, addition to the powers granted by the act to which this is
■^c- • an amendment, as well as the amendments, approved Feb-
^ ruary 11th, 1853, February 27th, 1851, February 7th, 1857,
and February 11th, 1859, is hereby authorized and empow-
ered to take and receive in payment, from the subscribers
to the capital stock of said company, (either for subscrip-
tions heretofore made or which may be hereafter,) money,
labor, materials, cars, locomotives or other property, either
real or personal, for the use of said railroad, or which, in
the opinion of the board of directors, may be sold, exchang-
ed or converted to such use ; and the said railroad companj^
is hereby vested with full authority to sell, convey, exchange
or dispose of any such property, so received ; and all such
transactions and payments of stock, heretofore made to said
company, are hereby declared legal and valid.
Payments of sub- § 2. The Said couipauy is hereby authorized to receive
orpersTnarpro- subscriptions to its capital stock, payable in either real or
perty. pcrsonal property; and all such subscriptions, heretofore
made, are hereby declared legal and valid ; and on a failure,
neglect or refusal of any subscriber, his heirs, executors or
administrators, to make such payment or comply with the
condition thereof, the said company may proceed, b}''
suit, in any court having competent jurisdiction thereof, and
recover the amount or value thereof in money ; and the
said company is hereby authorized and empowered to re-
ceive subscriptions to its capital stock, j^ayable at any time
hereafter, either when the entire road is in operation or any
j)art of it, or at any time thereafter, and may receive notes
or bonds for the same, and also such security, either real or
personal, with or without interest, as may be agreed u]ion.
The notes, bonds or other security, as hereby provided for,
may be assigned or transferred by said company ; and such
assignment or transfer shall vest in the assignee or assigns
the legal title thereto.
Union with other § 3. Thc Said raili'oad company shall have power to ex-
tend and unite its railroad with any other railroad, now con-
structed or which may hereafter be constructed in this state ;
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; and,
for the foregoing pur|)Oses of extension, shall possess and
exercise all thc privileges, immunities and franchises and
enjoy all the rights granted by this act and the act to which
this is an amendment and the several amendments thereto.
roads.
EAILEOADS. 499
§ 4. All tlie provisions in tliis act, also the act to wliicli supervisors and
this is an amendment, and the several amendments thereto, ''°"°'y '=°'""*^-
relating to county courts, shall apply to and govern the
board of supervisors in any county where township organi-
zation may exist or hereafter be adopted ; and in all cases,
when by the terms of the act to Avhicli this is an amend-
ment and the several acts amendatory thereto, it is ma'-!e
the duty of the county courts to do and perform any act or
acts, the same shall be binding upon any such board of
supervisors, and shall be done and performed by them to
the same extent and in like manner, so far as practicable, as
the said county courts are required to do.
§ 5. This act shall be deemed a public act, and shall be
so received and taken notice of in all courts and places, and
shall take effect and be in force from and after its passage.
Appkoved February 20, 18G1.
AX ACT to extend the time for completing tlie Indiana and Illinois Central- In force Fehmary
Railway. 22, 1S61.
Whereas the Decatur and Indianapolis Railroad Company
was legall_y incorporated, under an act entitled "An act
to provide for a general system of railroad incorpora-
tions," in force November 5, 1849 ; and, whereas, said
Decatur and Indianaj)olis Railroad Company afterwards
united and consolidated with the Indiana and Illinois
Central Railway Compau}", on the fourth day of May, a.
D. 1853, in compliance with the provisions of an act en-
titled "An act to incorporate the Decatur and Indianapo-
lis Railroad Company," in force February eighth, 1853,
and of an act entitled "An act to amend an act to incor-
porate the Decatur and Indianapolis Railroad Comj)an3^,"
in force February twelfth, 1854, whereby said Decatur and
Indianapolis Railroad Company became and was named
and styled "The Indiana and Illinois Central Railway
Company ;" and whereas said Indiana and Illinois Cen-
tral Railway Company, in compliance with the provisions
ot the 44th section of an act entitled "An act to provide
for a general system of railroad incorporations," in force
ISTovember 5th, 1849, began the construction of its road
and expended thereon ten per cent, on the amount of its
capital within five years after its incorporation ; therefore,
Section 1. Be it enacted by the People of the State of
lllinou^ represented in the General Assembly^ That the time
for the finishing and putting in full operation the Indian '^l^l_ °^ compie-
and Illinois Central Railway, by the Indiana and Illinois
Central Railway Company, be extended ten years, from
and after the 26th day of April, 1863.
500 KAILKOADS.
§ 2. This act shall be deemed a public act, and take
efi'ect and be in force from and after its passage.
Approved February 22, 1861.
In force February AN ACT to amend an act entitled "An act to incorporate the Kenosba and
^^' ^^^^- Rock Island Railroad Company," passed January 20, 1857.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That section
(8th) eighth of an act entitled "An act to incorporate the
Kenosha and Rock Island Railroad Company," be so amend-
ed, that such counties, towns, cities or villages as are by the
said act authorized to issue bonds in aid of the object and
purposes of said incorporation, be allowed to do so at a less
rate of interest than ten per cent, per annum.
§ 2. This act to be in force and take effect from and
after its passage.
Appeoved February 20, 1861.
ln|force January AN ACT to amend an act entitled "An act to incorporate the Mississippi and
29, 1S61. Wabash Railroad Company," approved February 10, 1S53, and an act
amendatory thereof, approved February 24, 1859.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That the
second section of the act approved February lOtli, 1859,
amendatory of an act incorporating the Mississippi and Wa-
bash Railroad Company, approved February lOth, 1853, be
and the same is hereby amended, as follows : After the
words " Illinois river," in the fourteenth line of said section,
and after the words " east line of this state," in the nine-
teenth line of same section, shall, in each case, be added,
"or such greater or less portions or extent of said road bed
as a majority of the board of directors may determine ;" and
that the fifth section of the amendatory act, before referred
to, as approved February 24:th, 1859, be amended by adding,
after the words "either terminus of said road," the words
"or that may cross the line or route of said road."
Grants an.i pur- § 2. That all purcliascs Or grants of land, for road way
cbasfs legalized, qj. dgpot, grouuds or for auy other ]">iirpose or purposes, or
subscriptions of stock, made by or to, the "Central" or
"WestQrn" divisions of the Mississippi and Wabash rail-
road, or made by or to the commissioners of either of said
divisions, and all certificates of stock issued by said com-
EAILEOADS. 501
mission ers, are hereby confirmed and legalized, as fully and
completely, as if made by or to the Mississippi and Wabash
Railroad Company direct. *
§3. That the board of directors of said company are "^o*^ "f '^''■^<=*°"-
hereby authorized to accept this act ; and the same and all
the provisions hereof shall be in full force and become bind-
ing upon said company and the stockholders thereof and all
other persons and corporations, whenever the same is ac-
cepted by the said board of directors, or by a majority there-
of, by a vote, duly entered upon the records of said com-
pany.
§ 4. That this act shall take effect and be in force from
and after its passage.
Approved January 29, 1861.
AN" ACT to incorporate the Mattoon and Decatur Railroad Company. In force February
Section 1. Be it enacted ly the People of the State of
Illinois, represented in the General Assembly, That Sheridan
Wait, David L. Allen, Robert Crowder, Leander Bone, John Name and style.
Ferryman, John A. Freeland, James Elder, David Patterson,
James Camtield, John R. Eden, S. D. Dole and Charles W.
Nabb, their associates, successors and assigns, be and are
hereby constituted a body corporate and politic, under the
name and style of "The Mattoon and Decatur Railroad
Company," for the purpose of surveying, locating, construct-
ing, completing and operating a railroad, from the town of
Mattoon, in Coles county, state of Illinois, and thence, upon
the most eligible route, through or near the town of Sullivan,
in the county of Moultrie, to the town of Decatur, in Macon
county, state aforesaid, whenever the said persons or their
assigns and 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 No-
vember fifth, A. D. eighteen hundred and forty-nine and the
acts supplementary and amendatory thereto.
§ 2. That when the citizens of the county of Moultrie, county snbscrip-
aforesaid, may signify their desire, by vote, according to the
aforesaid general act, that said county should, in addition to
the one hundred thousand dollars authorized by said act,
subscribe the swamp lands belonging to said county and the
proceeds of sales of said swamp lands, heretofore sold, that
the county court of said county are hereby authorized to
subscribe said swamp lands and proceeds of said lands,
heretofore sold, to the capital stock of said corj)oration ; and
said court is hereby empowered to make and execute all
deeds, writings and other papers, necessary to transfer the
towns.
502 BAILKOADS.
right, title and interest of and into said lands and proceeds
thereof to the said company ; said court having like control
over the stock so obtained as that purchased by said act in
case of the issuing of bonds to said company.
Subscriptions of § 3. That the towu council of the town of Decatur, in
Macon county, of the town of Mattoon, in Coles county,
and of the town of Sullivan, in the county of Moultrie, be
and are hereby autliorized to subscribe to the capital stock
of said company, under the regulations of the act amendato-
ry of the "Act providing for a general system of railroad
incorporations," approved November sixth, a. d. eighteen
hundred and forty-nine, being in all respects governed by
the provisions of said act, as applicable to cities and coun-
ties,
§ -i. Whenever said company shall have organized, as
herein provided, it is hereby declared to be of sufhcient use to
justify the taking of private property for the construction
and maintaining said road, under the provisions of said in-
corporations.
§ 5. That this act shall be in force from and after its
passage.
ArrKOVED February 22, 1861.
In force February ^^ ^CT to incorprate the Monticello Railroad Company.
21, 1861.
Section 1, Be it enacted hy the PeojyJe of the State of
Illinois^ rej:) resented in the General Assernhhj^ That C. M.
Sherfoy, J. B. McKinley, J. D. Kilgore, B. F. Harris, Wil-
liam H. Piatt, A. J. Digiiton, Jacob Smith, Samuel D. Miles,
Amos Conaway, William Martin, William Dickc}', Samuel
Corn, jS'athan AV. Tupper, and all such persons as shall here-
after become stockholders in the company hereby incorpo-
rated, shall be a body politic and corpoi-ate, by the name and
Corporate name ^tylc of " The MouticcUo Kailroad Company ;" and under
and powers. -fj^at name and style shall be capable of suing and being
sued, impleading and being impleaded, defending and being
defended against, in law and equity, in all courts and places
whatsoever, in like manner and as fully as natural persons ;
may make and use a common seal, and alter and I'onew the
same at pleasui-e ; and by their said corjjorate name and
style shall be capable, in law, of contracting and being con-
tracted with ; shall be and are hereby invested with all the
powers, privileges, immunities and franchises, and of ac-
quiring, by ])urcliase or otherwise, and of holding and con-
veying real and personal estate, which may be needful to
carry into effect fully the purposes and objects of this act.
EAILKOADS. 503
§ 2. The said corporation are hereby authorized and em- construction of
powered to survey, locate, construct, complete, alter, main- '■""'''°^'^'
tain and operate a railroad, with one or more tracks or lines
of rails, from the city or town of Champaign, in Champaign
county, Illinois, to the town of Monticello, in Piatt county ;
thence, to the city of Decatur, in Macon county, in the state
Oi Illinois.
§ 3. The sgiid corporation shall have a right of way upon Kight of way.
and may appropriate to its sole use and control, for the pur-
poses 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 constructing
bridges, dams, embankments, excavations, station grounds,
spoil banks, turnouts, engine houses, shops and other build-
ings, necessary for the construction, completing, altering,
maintaining, preserving and complete oj^erations of said
road. All such lands, waters, materials and j)rivileges,
owned and belonging to any person, company or corpora-
tion, that cannot be obtained by voluntary grant or release,
may be taken and paid for, if any damages are awarded, in
the manner provided in an act to provide for a general sys-
tem of railroad incorporations, approved November 5th, a.
D. 181:9, and the acts amendatory thereof ; and the final de-
cision or award shall vest in the corporation hereby created
all the rights, franchises and immunities in said act contem-
plated and provided.
§ tt. The capital stock of said corporation shall be fifty -Amount of capital
thousand dollars, which may be increased, from time to ^ "'' '
time, to any amount, not exceeding the entire amount ex-
pended on account of said road, divided into shares of fifty
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 di-
rectors, 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 and
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 no-
tice, 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 interest
and the necessary costs of sale, to be paid to such delinquent
stockholders. The board of directoi'S hereby appointed shall
cause books to be opened for subscriptions to said stock, in Books of sub-
such mamier and at such times and places as they shall di- ^"'p"°°'
rect.
§ 5. All the corporate powers of said company shall be Board of direc-
vested in and be exercised by a board of directors and such
504: KAILKOADS.
officers and agents as tliey shall appoint. The board of di-
rectors shall consist of not less than twelve stockholders, six
of whom shall be chosen every year, by the stockholders,
each share having one vote, to be given in person or by
proxy; each director, successively, to continue in office un-
til his successor is elected and qualified. Vacancies in the
board may be tilled by a vote of two-thirds of the directors
remaining ; such appointees to continue in fffice until the
next regular election of directors. Other officers, agents
and servants, whether members of the board or otherwise,
may be appointed, employed, paid or dismissed, under such
rules and regulations as the board of directors may, from
time to time, adopt.
First board of di- § 6. The followiug named persons shall constitute the
rectors. gj,g^ ^^^^.^^ ^^^ dircctors, to wit : C. M. Sherfoy, J. B. McKin-
ley, J. D. Kilgore, B. F. Harris, William H. Piatt, A. J.
Dighton, Jacob Smith, Amos Conaway, William Martin,
Sam'l Corn, William Dickey, Nathan W. Tupper, whose
powers shall commence and be in full force from and after
the passage of this act ; six of whom, to be decided by lot,
shall hold their offices for the term of one year, and the
other six for the term of two years and until their successors
are elected and qualified ; and in case any of the directors
hereby appointed shall fail or refuse to act the remaining
directors shall associate with them other persons to fill such
vacancies, who shall have the same powers as though they
had been hereby appointed. The said board of directors
shall, annually, choose from among their number a presi-
dent. And all written contracts, agreements or conveyan-
ces made by said corporation shall be executed by the presi-
dent, under the corporate seal of said company, and attested
by their secretary. The stockholders of said company shall,
annually, elect six directors, under such rules and regula-
tions as the board of directors shall, from time to time, de-
termine.
Powers and du- § T The president and directors are hereby authorized
and empowered, by themselves, their officers or agents, to
execute all the powers herein granted, for the purjiose
of surveying, locating, constructing, completing, altering,
maintaining and operating said road, and for the transporta-
tion upon the same of persons, goods and chattels, 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.
By-laws and rules § 8. The Said Company sliall have power to make, ordain
and establish all such by-laws, rules and regulations as may
be deemed expedient and necessary to fulfill the purposes
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 same be
ties of the board
BAILEOADS. 5O5
not repugnant to the constitution and laws of the United
States and of this state or repugnant to this act. The board
of directors shall have power to establish such rates of toll
lor the conveyance of persons and property upon the same
as they shall, troni time to time, by their by-laAvs, direct and
determine, and to levy and collect the same for the use of
the said com]. any. The transportation of persons and pro-
perty, the width of track, the construction of wheels the
forms and size of cars, the weights of loads, and all other
matters and things respecting the use of said road and the
conveyance of persons and property, shall be in conformity
to such rules and regulations as said board of directors shall
irom time to time, determine.
§ 9. If any person shall carelessly, willfully, maliciously ^^y^ne. nnrt m,.
or wantonly delay, hinder or obstruct the passage of any '"■"'"""•
carriage on said road, or shall place or cause to'be placed
any material thereon, or in any way trespass upon, si3oil,
mjure or destroy said road, or any part thereof, or anythino^
belonging or pertaining thereto or employed or used in con-
nection with Its location, survey, construction or manage-
ment, all persons committing or aiding or abetting in the
commission of such trespass or oflense shall forfeit and pay
to the said company treble such damages as shall be proved
before any court of competent jurisdiction ; and, further,
suchofienders shall be liable to indictment, in the county
withm whose jurisdiction the offense maybe committed
and to pay a hue of not less than ten nor more than one
Hundred dollars, to the use of the people of the state of Illi-
nois, or may be imprisoned in the penitentiary for a term
not exceeding five years, in the discretion of the court be-
fore whom the same shall be tried.
§ 10. Said corporation may construct their said road over cro.sin..of roa
or across any stream of water, water course, road or hio-h- """^ '"■''""'■
way which its road shall intersect; but the corporation slmll
restore the stream or water course, road or highway thus in-
tersected, to hs former state or in a sufficient manner not
to have impaired its usefulness. Wherever the track of said
railroad shall cross a road or highway said road or hio-hwav
may be carried under or over said track, as may be^found
most expedient; and in case the track of said railroad shall
be so located as to make a change in the line of any such
road or highway necessary or desirable to said company the
said company may take such additional lands, for the con
struction of such road or highway, as may be deemed reriui-
site by said corp^, ration. ITnless the lauds so taken shall be
purchased or voluntarily given for the purposes aforesaid
compensation therefor shall be ascertained in the manner in
this act provided, as nearly as may be, and duly made by
said corporation to the owners and persons interested in said
lanris. ilie same, when so taken or compensation made to
become a part of such intersecting road or highway in siich •
506 KATLEOADS.
manner and by such tenure as the adjacent parts of the same
liiii'hway maybe held for higlnvay jmrposes.
Map and profile. § 11. Said Corporation shall, within a reasonable time
after said road shall have been located, cause to be made a
map and profile thereof, and of the land taken and obtained
for the use of such road, and tile the same in the recorder's
office of each county in which said road or any part thereof
may be located.
§ 12. This act shall be deemed a public act, and shall be
in force from and after its passage.
Appkoved February 21, 1S61.
Name and style.
In force Fehniary ^x ACT to incorporate the McLean County Central Branch Railroad Cora
--' '^'■''- pany.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly, That C. Wake-
Held, Jesse Funk, R. F. Dickerson, L. II. Parks, Iliram Buck,
W. H. Cheeney, L. N. Bishop, Henry Barnhouse and James
Mix, and their associates, successors and assigns, are hereby
created a body corporate and politic, under the name and
style of "The McLean County Central Branch Kailroad Co."
with perpetual succession; and by that name be and they
are hereby made capable, in law and equity, to sue and be
sued, plead and be impleaded, defend and be defended, in
any court of law and equity in this state or any other place,
to make, have and use a common seal, and the same to
alter or renew at pleasure; and shall be and are hereby
vested with all the powers, privileges and immunities which
are or maybe nesessary to carry into effect the purposes and
I objects of this act, as hereinafter set forth. And said com-
pany are hereby authorized and empowered t(.) locate, con-
struct and finally complete a railroad, from or near Hay-
worth, in the county of McLean, on the Ills. C. Bailroad ;
Route of road, theucc, ruuning in a northeasterly direction, on the most
direct and eligible route, to or near Paxton, on the Ills. C.
Branch R. road, in Ford county, Blin(>is; and for this pur-
pose said company are authorized to lay out their said road,
not exceeding one hundred feet wide, through the whole
length of said route; and, for the ])urpose of cutting em-
bankments, stone and gravel, may take as much more land
or materials as may be necessary for the proper construction
and security of said railroad.
§ 2. This company is hereby authorized, for the purpose
of procuring the right of way for said I'ailroad, to proceed,
under the act to jirovide for a general system of railroad
incorporations, approved November 5th, 184:9, and under the
Rii'lit of way.
EAILEOADS. 5U7
act of June 22, a. d. 1852, for the condemnation of land by
incorporated cojnpanies.
§ 3. The capital stt)ck of said company shall be 800,000 Cai.uai stock.
dollars, with power to increase the same to 1,600,000 dollars,
which shall be divided into such shares as the by-laws, rules
and regulations of said company shall prescribe, wdiich shares
shall be personal pro])erty and be transferable on the books
of said corporation, and shall entitle the holder thereof to
a voice in all meetings of the stockholders, in the proportion
thereof to the whole stock of said company.
§ 4. And the above named persons, in sec. 1st, shall be ''ji|.|:'Jj.';""''^ °^ ^"
and constitute the first board of directors, and may have
and exercise all povrers, rights, privileges and immunities
which are or may be necessary to carry into eftect the pur-
poses and objects of this act, as hereinafter set forth. Said
directors shall organize the board as soon as practicable
after the passage of this act, by electing one of their
number president and appointing a secretary and treasurer;
which organization shall be certiiied by said directors, or a
majority of them, and such certificate shall be recorded in
the record book of said company; and said record shall be
sufficient evidence of such organization ; and a certified copy
thereof, under the seal of said corporation, shall be received
in all the courts of this state as evidence of the facts therein
stated. Said directors shall hold their otiice for one year
after the organization of said company and until their suc-
cessors are elected and qualified. All vacancies in said
board may be filled b}?" a vote of two-thirds of the directors
present at any regular meeting or at a special meeting called
for that purpose.
§ 5. Said company shall have full power and authority Transfe.- of right
, 1 1 1 • '• 1 1 • • • T • 1 1 '!"'' interests.
to transfer all their rights and interests m said railroad to
the Illinois Central Railroad Co., as may be agreed upon
by the directors of each road, so that the Illinois Central
Railroad Co. may fully own said road ; and the provisions of
the act incorporating the said Illinois Central Railroad are
herel)y secured to this company, so far as they may be
applicable to the same.
§ 6. The said company shall be allowed five years, from
the passage of this act, for the commencement of the con-
struction of said railroad; and, in case said R. road is not
completed in ten years thereafter the privileges herein
granted shall be forfeited.
§ 7. This act shall be deemed and taken as a public ac\
and shall be construed beneficially, for all purposes specified
and intended, and shall take efi'ect from and after its pas-
sage.
Appeovtsd February 22, 18G1.
TjOS kailroads.
Ill force Fehruary AX ACT to incorporate the Oliio and Mississippi Railway Company, and for
**» ■'''*'^" other purposes.
Section 1. Be it enacted hy the People of the State of
Jllino'iH^ represented in the General Assendily^ That .Tesse K.
Dubois, Ozias M. Ilatcli, I. Is''. Iluynie, Peter N. liane,
Thomas Brown, Georii;e W. Jenks, Daniel R. Garrison,
Samuel Gaty, Georo-e K. McGunegle, Samuel L. ]\I. Barlow,
Daniel D. Page, Henry D. Bacon and George Partridge,
and such other persons as may associate with them for that
purpose, are hereby constituted a body politic and corporate.
Name. by the name and style of ''The Ohio and Mississippi liail-
way Company," for the purpose of purchasing and taking a
conveyance of all the railway property, real and personal,
rights and franchises of the Ohio and Mississippi Railroad
Company, incorporated by the act of the goneral assembly
of this state, entitled " An act to incorporate the Ohio and
Mississippi Railroad Company, and for other purposes,"
approved February 12th, 1851, or any part of said property,
Purchase of rau- riglits aud franchlscs, either by private contract or at any
load property . jndiclal salc thereof, which may hereafter take place.
organizaiiun. § 2. The Said corporators and such persons as may asso-
ciate with them for that purpose are hereby fully authorized
and empowered, at any time, within thirty days after the
passage of this act, to call a meeting, for the purpose of
organization, by advertisement, published at least ten days
previously in one of the puljlic newspapers published at
Springfield, in the state of Illinois, and to organize by the
appointment of one of their number as president, and of
not less than seven nor more than thirteen of the members
Directors. as dircctors. Those so chosen shall be the iirst board of
the corporation hereby created, and shall hold office until
their successors shall be appointed, according to the provis-
ions of said act before referred to.
Assuming of debts § 3. Tlic Said Corporation shall possess all the powers
and privileges conferred on the Ohio and Mississippi Rail-
road Company by the act incorporating the same, referred
to in the first section of this act, or by any amendment or
amendments thereof, and shall be subject to all the provisions
of the said act, and shall, in addition, possess the power of
assuming any debt or debts, liabilif}^ or liabilities of the
said Ohio and Mississii)pi Railroad Company, in its discre-
tion, and of issuing Ijonds, secured by mortgage or other-
wise, in its disci'etion, to secure the payment of them, and
of making any contracts or arrangements with any other
person or j^ersons, corporation or corporations, conducive to
the objects of its incorporation or the convenient and elect-
ive management of tlie business of ti'ansj)ortation of jiassen-
gers and freight, and oi regulating its rates of charges for
such transportation.
<Scc
EAILKOADS. 5U*J
§ 4. The capital of the said corporation shall be two capiuu stock.
millions of doUars, with the power to increase [the] same
conferred by the aforesaid acts and shall be distributed
among the corporators as they may agree.
§ 5. This act shall be deemed and taken as a public act, i-.-yiuentofexist-
and shall be m force trom and alter its passage: Frovided^
that the corporation hereby created shall pay all sums due
or to become due to citizens of this state for labor or sup-
plies of any kind, in operating said road, as a condition
precedent to the vesting of the franchise in tliis act.
§ 6. The meeting of the corporators, for the purpose of
organization, and the meeting of the board of directors,
after organization, may be in the city of St. Louis, in the
state of Missouri, or in this state ; and all acts done at such
meeting in the city of St. Louis shall be as valid as if done
within this state.
Approved February 5, 1861.
Ii-lioii
bed.
AN ACT entitled an act to amend "An act to amend an act incorporating tlie in fovoe I'tiiruary
Pike County Railroad Company," approved February 14, 1857. ^^^ ^*'^i-
Section 1. Be it enacted hy the People of the State of Illi-
nois^ represented in the General Assemhly, That the time
for the completion of the Pike County Railroad be extended
for the term of two years, from and after the passage of this
act.
§ 2. That the guarantors, O. M. ILatch, James McWil- c;;;;;!^'
liams, B. D. Brown, George Wike, M. B. Churchill and A.
Starne, to the city of Hannibal, shall not be required to
complete the road bed until an iron contract is made and
ratified by the board of directors ; and that the amount ex-
pended by them in completing said road bed over and above
the means in their hands for that purpose shall constitute a
first lien upon said road bed and the property of said company.
§ 3. This act to take eftect from and after its passage.
Appeoved February 14, 1861.
AN ACT to incorporate the Paris and Decatur Railroad Company. la for el'"' ruary
IS, IbGL
Section 1. Be it enacted hy the People of the State of
Jllmois^ represented i7i tJie General Asseinhly^ That William
P. Dole, James Steele. George "\V. Rives, All)ert B. Austin,
William Kile, John Ten Brook, Hiram Ritherford, Jona-
than J. Pemberton, Benjamin F. Williams, John Cofer,
RAILROADS.
John R. Eden, Richard Oglesl)y, James Slioaff and Isaac
C. Piigli, and their associates and successors and assigns, be
and they are herelj created a body corjx^rate, l)y the name
and style uf "The Paris and Decatur Kaih'uad C(>ni])any,"
^vith i)ei'petual succession and power to build, maintain and
use a railroad, from Paris, in Edgar county, to Decatur, in
Macon county, upon some convenient and reasonable direct
line between said points: Provided^ that said railroad shall
be so located as to pass through tiie town of Oakland, in
the county of Coles, with power to fix the capital stock of
said corporation, and to divide, transfer and increase the
same at pleasure.
§ 2. Said corporation shall also have power to purchase,
hold, lease, sell and convey estate and propert}^, whether
real, personal or mixed, so far as may be necessary to carry
out the intentions of this act ; and, in their corporate name,
may sue and be sued ; and have a common seal, which they
may alter or review at pleasure ; and shall have and exer-
cise all powers, rights, privileges and immunities M'hich are
or may be necessary to carry into effect the purposes and
objects of this act.
§ 3, For the purpose of constructing said railroad said
company shall have power to lay out and establish their
road, in width not exceeding one hundred feet, through the
entire line thereof; and may take and appropriate, to their
own use, all such lands, necessary for the line and construc-
tion of said road, upon first paying or tendering therefor
such amount of damages as shall have been settled by ap-
praisal, in the manner hereinafter provided, on all such
lands as may be taken by said company ; and, for the pur-
pose of cutting and embankments, and for the purpose
of ol)taining stone, sand and gravel, may take and ap-
pro]>riate so much more land as may be necessary for the
proper construction, maintenance and security of said road,
and for constructing shops, depots, side tracks and other
suitable and convenient fixtures, in connection with appur-
tenances to said railroad, may take and have, use and occuj^y
any lands, on either side of said railroad, not exceeding one
hundred and fifty feet in width; said company taking all
such lands as gifts or ])urchases or making satisfaction for
the same in the manner hereinafter providetl. This act
shall not be construed to restrict or ])revent the construction
of public roads or railroads across the road of said company,
when deemed expedient, but so as not to materially obstruct
the same ; and said company shall luive power to construct
their road across any sucli ])ublic road or railroad, upon like
terms and conditioTis, anytliing in the laws or charter of any
railroad to the contrary notwithstanding.
I § 4. If said com[)any cannot agree with the owners of
lands which may be taken for the purposes aforesaid, so as
to procure the same by deeed or act of such owners of lands,
EAILKOADS. 51]
or if the owner or occnpier, or either of them, be afemme
covert^ infant, 7ion compos mentis^ unknown or ont of the
county in which the hand or property wanted may he situa-
ted, the same may be taken and paid for (if any damages
be awarded) in the manner provided for in an act to provide
for a general system of raih-oad incorporations, approved
November 5th, 1849, and to the provisions of tliis act.
§ 6. Said corporation shall cause books to be opened for Books of subscnp-
subscription to the capital stock thereof, divided into shares
of fifty dollars each, at such times and places as they may
choose, and shall give at least thirty days' notice thereof, by
publication in a newspaper published in the town or city
where said books may be open, and, if there be no newspa-
j)er published therein, then in the nearest newspaper there-
to. It shall be lawful for all persons of lawful age or for
the agent of any corporate body to subscribe any amount to
the capital stock of said company.
§ 6. The corporation may require each subscriber to pay
such an amount at the time of subscribing, not exceeding
five dollars on each share, as shall be thought proper.
§ 7. So soon as one hundred thousand dollars of the F'';^* election of
capital stock is subscribed the corporators herein named, or ""' "' '
a majority of them, shall call a meeting of the stockholders
for the election of not less than nine directors, who shall be
stockholders ; of which meeting thirt}' days' notice shall be
given, by publication in one or more newspapers published
in Decatur and Paris ; and the said election shall be con-
ducted by two judges, appointed by the stockholders present;
and the persons having a plurality of votes shall be declared
elected. In all elections the holders of stock shall be enti-
tled to one vote for each share he or she may hold; and
any person having a right to vote may vote by written
proxy. Whenever the aforesaid sum of one hundred-thou-
sand dollars is subscribed, as aforesaid, the said corporation
may commence, construct and complete the aforesaid rail-
road.
§ 8. All elections, after the first, for officers of this cor- Annual elections.
poration, shall be held on the first Monday in April, annu-
ally, under the direction of three stockholders, not directors
at the time, to be appointed by an order of the board at a
previous meeting : Provided^ that said directors may cause
elections to be held on any other day should there be no
election on that day ; and all elections shall be held at some
point on said road. The directors, elected as aforesaid,
shall continue in office for one year and until their successors
are elected and qualified ; and a majority shall form a quo-
rum for the transaction of business, and shall reside within
the limits of this state.
§ 9. Said company are authorized and empowered to I'-f^nnwingofmo..
borrow, from time to time, such sums of money as, in their
discretion, may be necessary, to aid in the construction of
5J2
RAILROADS.
paid road, and Y>nj any rate of interest, not exceeding ten
per cent. ])er anmini, and to plediije and in()rrn;ao-e said road
and its a[)i)en(lao:es, or any part thereof, or any other pro-
pertj^ or effects, rights, credits or franchises of the said com-
pany, as security for any h^an of money and interest there-
on, and to dispose of the bonds issued for sucli loan at such
rate and on such terms as the board of directors may deter-
mine.
By-iau-s nnd luios § 10. Sftid corporatiou shall have power to niake,
ordain and establish all such by-laws, rules and regulations
as may be deemed expedient and necessary to lulMll the
the purposes and carry into effect the provisions of this act
and for the well ordering and securing the affairs, business
and interest of said company, not inconsistent with the laws
of this state.
§ 11. This act shall be deemed and taken as a public
act, and shall be construed beneficially for all purposes here-
in specified or intended, and take effect from and after its
passage.
Approved February 18, 18G1.
SuViscriptions
I'l'ii! and pursoi
ai pro;,c
In force Fi-iirnary AN ACT to amend an act entitled "An act to incorporate the Petersburg and
"• '^'''- Tonica Railroad Company."
Section 1. Be it enacted hij the People of the State of
Illinois, represetited in the General Assembly, That said
of company is hereby authorized to receive subscriptions to its
"■ capital stock, payable in either real or personal pro]>erty ;
and such subscriptions, heretofore made, are hereby de-
clared legal and binding; and, on a failure, neglect or re-
fusal of any such subscriber, his heirs, executors and admin-
istrators, to make such payment or comply with the condi-
tions thereof, the said company may proceed, by suit, in
any court having competent jurisdiction thereof, and recover
the amount in value so subscriljcd.
„ , . ,. , § 2. And the said companv is liereby authorized and
iniK,,-, ,„;t!ciinu, empowered to receive subscriptions to its capital stock, pay-
*'''■ al)Ie in money, work, labor, materials, equipments or any
other kind of property, real or personal, at any time there-
after, either when the entire road is in operation or any
])art of it, or at any time thereafter, and may receive notes
or bfmds for the same, and such security, either real or per-
sonal, and with or without interest, as may be agreed upon.
The notes, bonds, with all securities, may be assigned or
transferred by said company; and such assignment or trans-
fer shall vest in the assignee or assignees the legal title
thereto.
RAILROADS. 513
§ 3. This act sliall take effect and be in force from and
after its passage.
Approved February 22, 1861.
AN ACT to perfect the title of the purchasers of the Pittsburg, Fort Wayne In force February
and Chicago Railroad, and to enable them to form a corporation, and defin- ^' ^^^l-
ing the powers and duties of such corporation.
Section 1. Be it enacted ly the People of the State of
Illinois^ represented in the General Assemhly^ That in case
the railroad of the Pittsburg, Fort Wayne and Chicago Proceedings in
Kaih'oad Company, or any part thereof, shall be sold, by dermortgage.
virtue of any mortgage or mortgages, deed or deeds of
trust, either by foreclosure or other proceedings in law or
eqnity, or in pursuance of a power in such mortgage or
mortgages or deed or deeds of trust contained, or by the
joint exercise of the said authorities, the purchaser or pur-
chasers of the same, or their survivors or survivor, or they
or their or he and his associates, or their or his assigns, may
form a corporation, by filing in the office of the secretary of
state, under their or his signature, specifying the name of
such corporation, the number of directors, the names of the
first directors, and the period of their services, not exceeding
one year, the amount of the original capital, and the num-
ber of shares into which such capital is to be divided ; and
thereupon the persons who shall have signed such certifi-
cate, and their successors, shall be a body poHtic and corpo-
rate, by the name stated in such certificate ; and a copy of
such certificate, attested by the signature of the secretary of
state or his deputy, shall, in all courts and places, be evidence
of the due formation and existence of the said corporation
and of the facts in the said certificate stated.
§ 2. The said corporation, formed pursuant to this act, corporate powers
shall have power to acquire, by purchase or otherwise, and ^ ^" ^^^^'
to hold, use and enjoy the Pittsburg, Fort Wayne and Chi-
cago railroad and each and every part thereof, whether
situate within or without this state, and all equipments,
machinery, tools and materials, all lands, property, franchi-
ses, rights and things connected therewith or necessary or
convenient to the use thereof, together with the tolls, income,
rents, issues and profits of the same ; and shall have power
to maintain and operate the same, as fully as might have •
been done by the Pittsburg, Fort Wayne and Chicago
Pailroad Company ; and to erect new depots, stations and
other buildings and connect the same with the said railroad,
and to acquire and hold lands for the said, and other need-
ful purposes. And the said corporation shall also possess
—45
EAILEOADS.
all the facilities, powers, authorities, immunities, privileges
and franchises at any time held by the said Pittsburg, For-t
"Wayne and Chicago Railroad Company, or by any of the
corporations heretofore consolidated into the said company,
or conferred on the said compan}", the said corporation!?, or
either of them, hj any act or law ot this state or either of
the states of Ohio, Indiana, or Pennsylvania, and shall have
power and capacity to hold and exercise, within each and
every of the said states, and so far as it may deem necessary
to the general objects of its business, within any other of
the United States, all the said faculties, powers, authorities,
privileges and franchises and all others which may hereafter
be conferred u^^on it by or under any law of this state or of
any^ of the aforesaid states; and to hold meetings of stock-
holders and directors; and do all corporate acts and all
things within any of the aforesaid states as validly as it
might do the same within this state; and may^ consolidate
with any corporations of such other states, authorized to
hold, maintain and operate the aforesaid railroad ; and the
said corporation, formed pursuant to this act shall also have
power to create and issue capital stock, in shares of one
hundred dollars each, and to such aggregate amount as it
shall deem necessary to carry out the objects of this act;
and may establish j^references, in respect to dividends, in
favor of one or more classes of the said stock, in such order
and manner and to such extent and with such securities as it
may deem expedient; and may confer on holders of any
bonds which it may issue or assume to pay such rights to
vote at all meetings of stockholders, not exceeding one vote
for every^ one hundred dollars of the par amount of the said
bonds, as may by it be deemed advisable; which rights,
when once fixed, shall attach to and pass with such bonds,
under such regulations as the by-laws may prescribe, to the
successive holders thereof, but shall not subject any holder
Liabilities. to asscssmcut by the said company or to any liability fur its
debts or entitle any holder to dividends. And the said
corporation may make and issue its bonds, of not less
denomination than one hundred dollars each, payable at
such times and places and bearing such rates of interest as
it may deem expedient, and may hypothecate or sell such
bonds, within or without this state, at such prices as it may
deem |)roper: Provided^ nevertheless^ that, except within six
months after the organization of said company, no bond
Extent of indebt- sliall be Created, uor shall any debt be contracted exceeding
edness. ^^-^ ^\^q aggregate, at any one time, five ])er cent, on the par
amount of the capital stock of the said company, unless the
same shall have been previously authorized by a vote of
two-thirds in interest of the stock and bondUplders, at a
meeting duly held; and the said corporation may receive
the ])ayment of an}' bonds which it may make, issue or
assume to pay, by a mortgage or mortgages or deed or
EAILEOADS. 515
deeds of trust of its railroad, or of any part or parts thereof,
or of any other of its property, real or personal; and may
include in any such mortgage ormortgages or deed or deeds
of trust any locomotives, cars and other rolling stock or
equipments, and any machinery, tools, implements, fuel and
materials or other real or personal estate, whether then held
or thereafter to be acquired, for the constructing, operating,
repairing or replacing of the said railroad or any part thereof
or of any of its equipments or appurtenances; all of which
j)roperty and things, so included, whether then possessed or
thereafter to be acquired, shall be subject to the lien and
operation of every such mortgage or deed of trust, in the
same manner and with the like effect as if all such property
and tilings constituted a part of the said railroad; and may
also include all franchises, held by the said corporation and
connected with or relating to the said railroad and all cor-
porate franchises; which are hereby declared, in case of
sale by virtue of any such mortgage or mortgages or deed
or deeds of trust, to pass to the purchaser or purchasers, so
as to enable him or them to form a corporation, in the man-
ner herein described, and to vest in such corj^oration all the
faculties, powers and authorities, immunities, privileges and
franchises conferred by this act; and the said corporation,
may do all things which may be necessary or convenient to
carry into full effect the powers hereby granted ; and the
powers hereby conferred may be exercised by the directors
thereof.
§ 3. That the said corporation, formed pursuant to this Existing claims.
act, shall, within six months after its organization, likewise
have power to assume such debts, liabilities and claims
against the said Pittsburg, Fort Wayne and Chicago Rail-
road Company, and make such settlements or adjustments
with any of the stockholders or other parties interested
therein, as it may deem proper ; and, for the same purpose,
to use such portion of the stock or bonds hereby authorized
to be created, and in such manner as it may deem necessary.
§ 4. That in case the said Pittsburg, Fort Wayne and saie under de-
Chicago railroad, > or any part thereof, shall be decreed '^^^^'
by any court having jurisdiction, in any state or part of
a state, composing a judicial district, within which a
part of said railroad is situated, to be sold by virtue of any
mortgage or mortgages or deed or deeds of trust, upon the
same containing a power of sale to the trustee or trustees,
it shall be lawful for the said trustee or trustees to unite
with the proper officer in making such sale, or, under the
order of the court, to make such sale at the time and place
appointed by the court, and with such notices as may be
ordered by the court, and to execute a conveyance of the
said railroad, or the part thereof which maybe so sold ; and
such sale and conveyance shall be a valid and effectual exe-
cution of the powers of sale and conveyance contained in
516 RAILROADS.
the said mortgage, mortgages or deed or deeds of trust, and,
shall operate to invest the purchasers with the title to the
railroad, property and things sold, as aforesaid, free and
discharged trom all rights and equity of redemption by the
mortgagor or junior incumbrancer or any other party what-
soever.
Transfer of stock. § 5. That full authority is hereby given to the corporate
authorities of the several counties, townships, cities, villages
or other municipal corporations, owning or holding stock in
the said company, and to all persons holding the same in
any Hduciary capacity, to transfer, assign or surrender the
same, and to accept and receive, under the reorganization,
such portion of the new stock as may l5e a232Dortioned to the
stock so owned and held.
§ 6. That this act shall be a public act, and shall take
efltect from and after its passage.
Approved February 8, 1861.
Issue of bonds.
In force Fehi-uary ^j^r ACT to amend an act entitled "An act to incorporate the Peoria and
' ■ Oquawka Railroad Company," approved Febnuu-y 12th, 1S4'J.
Section 1. Be it enacted hy the People of tJie State of
Illinois^ represented in the Creneral Assembly^ That the
name of the corporation incorporated under the said act, to
which this is an amendment, be and the same is hereby
changed to that of "The Logansport, Peoria and Burlington
Railroad Company."
§ 2. That the said Logansport, Peoria and Burlington
Pailroad Company is hereby authorized to issue its bonds,
to the amount of one million of dollars, in addition to those
which have already been issued or executed by said compa-
ny, or which said company, by their charter or any amend-
ment thereof heretofore made, have authorized to issue :
Provided^ that the whole amount of bonds outstanding and
unpaid shall at no time exceed the sum of five million five
hundred thousand dollai's. And the said company is here-
by further authorized, for the purpose of securing the })ay-
ment of said bonds, or of any bonds heretofore issued by
said road, or of any bonds which it may issue for tlie ])ur-
pose of renewing or retiring the bonds now outstanding
against said road, or of any part of said bonds, to execute
one or more mortgages or deeds of trust of and upon the
road, revenues, property and franchises of said company,
now existing or hereafter to accrue or be acquired.
§ 3. Said bonds nuiy be nuulc ]:)a3'able at any place
within the United States, and nuiy bear interest at any rate
not exceeding eight per cent, per annum, and nuiy be nego-
latcrest on bondj
EAILEOADS. 517
tiated and sold at sucli times and j^laces, either within or
without this state; and at such rates and prices as shall be
deemed for the best interests of the company.
§ 4. All powers heretofore conferred upon said compa- Execution of
nj, in relation to the execution of mortgages and deeds of '""'^ ^^^* '
trust, and the making, securing, selling and disposing of the
bonds, secured or to be secured thereby, shall apply to the
bonds issued by virtue of this act : Provided, that all that part
of said road, as surveyed and located under the charter to
which this is an amendment, running between the towns of
Oquawka Junction and Oquawka, a. distance of about
five miles, and yet unfinished, shall be exempt from any
liens or any incumbrances authorized by this act.
§ 5. The right of way and all the work done on that ^uS^^IdwoTk'^
part of said unfinished railroad, running between said towns
of Oquawka Junction and Oquawka, in making road bed,
building bridges and furnishing ties, shall be and is, by this
act, vested in the trustees of the town of Oquawka, in the
county of Henderson, and State of Illinois, and their succes-
sors in ofiice, and the same shall be subject to their control
and disposal, with all the rights, franchises and privileges, ■
in and to said part of said railroad, which the Peoria and
Oquawka Railroad Company formerly had in and to the
same, with the full power to complete and operate the same,
under the name of the Oquawka Railroad: Provided, that
the said trustees of Oquawka shall release said Peoria and
Oquawka Railroad Company from completing and operat-
ing said road ; and it shall be lawful for said trustees, or
their successors in ofiice, to transfer all the right obtained
by this act in the said five miles of unfinished railroad to
an}^ railroad company they may choose, on such terms as
they may deem best.
§ 6. No contracts made by or with said corporation^ contracts and iia-
created by the act to which this is an amendment, and no
liabilities assumed by them shall, in any wise, be impaired
or changed, but shall, in all respects, be binding upon and
inure to the corporation herein named, except as herein-
before provided.
§ Y. The Peoria and Hannibal Railroad Company shall ^p^^f^ and^Han-
have power to construct and operate a track, separate from nibairiiroad.
the track of the Logansport, Peoria and Burlington Rail-
road, over, through and along Water street, in the city of
Peoria, subject to the control of said city, so as not material-
ly to impair the use of the said street, by track of the Lo-
gansport Peoria and Burlington Railroad, now laid and
used without compensation to the Logansport, Peoria and
Burlington Railroad Comj^any; and the Peoria and Hannf-
bal Railroad Company shall have the right to construct and
operate a separate track, in like manner, from the present
point of junction with the said Logansport Peoria and Bur-
lington Railroad, along and over the ground embraced in
518 KAILROADS.
the riglit of way of tlie said railroad last named, to the city-
limits of the city of Peoria; and, for the purpose of con-
stnictiii<; and operating the said Peoria and Hannibal Rail-
road, in Water street, or from the said junction to the city
limits, the said Peoria and Hannibal Railroad Coui])any
may cross the track of the Logansport, Peoria and Burling-
ton Railroad, doing no material or nnnecessary damage
thereto ; and the Peoria and Hannibal Railroad Company
shall pay to the said Logansport, Peoria and Burlhigton
Raih'oad Company, for the privilege of using the right of
way from said juncti(jn to the city limits, a fair and equita-
ble compensation, to be determined by the agreement of the
j)arties ; and, in case they cannot agree, then to be deter-
mined by the arbitrament and decision of three persons, to
be nuitually chosen or one to be chosen b}" each company
and the third to be selected by the city council of Peoria ;
which decision shall be final upon the parties.
§ 8. This act shall take eifect and be in force from and
after its passage.
Approved February 21, 1861.
In force February AX ACT to incorporate the Pekin, Lincoln and Decatur Railroad Conipanv.
21, ls61.
Section 1, Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That Thomas
N. Gill, Joshua AYagonseller, Daniel Cheever, and Henry
Pratt, of Tazewell county ; John T. Jenkins, Abram May-
field, George W. Finley, H. C. St. Clair and Charles S.
Capps, of Logan county, and Henry Prather and John F.
Miles of Macon county, and such other persons as may as-
sociate with them for that purpose, are hereby njade and
constituted a body corporate and politic, by the name and
Corporate name ^^J^^ of "The Pckiu, Liucolu aud Dccatur Railroad Coiii-
and powers. 2)any," With succcssiou, for fifty years; and the said compa-
ny is hereby em])owered and vested with all the rights and
privileges heretofore granted to the Pekin, Canton and Ma-
comb Railroad Compan}-, as well as those granted to the
Mississippi and Wabash Railroad Company, approved Feb-
ruary the 10th, 1853, and by the name and style of "The
Pekin, Lincoln and Decatur Railroad Company," shall be
ca])able, in law, of taking, pui-chasing, holding, leasing,
selling and conveying estate and joroperty, whether real,
;(fbrsoiuil or mixed, as may be necessary for ct)nstructing
and operating said road ; and the right of way and the real
estate purchased - by said company, whether by mutual
agreement or otherwise, or which shall become the property
of the company by operation of the law or otherwise, shall,
KAILKOADS. 519
upon tlie payment of tlie amount due to tlic owner or own-
ers of said lauds, become the property of the said company,
in fee simple.
^ 2. That said railroad company shall have the power of ^;™*^jj^.^j^'^ '^°-
building, constructing, locatiug and relocating, furnishing,
equipping and extending said railroad, of single or double
track, from the town of Pekin, in Tazewell county, to the
town of Decatur, in Macon county. That, after the said
Pekin, Lincoln and Decatur liailroad Company shall be
fully organized, they shall have power to unite with any
other railroad, now constructed or in the act of construction
or hereafter to be organized, at any point where said road
crosses or intersects said road ; and may merge and consoli-
date its stock with that of such railroad, on such terms and
conditions as may be mutually agreed upon by the board of
directors of such companies ; and in case of such consolida-
tion, the consolidated company shall succeed to all the pro-
property, rights, powers and franchises of both corporations
thus merged into one, and may assume such name as shall
be agreed on in the articles of consolidation, w^hich shall te
filed in the office of the secretary of state.
§ 3. That the capital stock of said company shall be Amount of capital
two millions of dollars, and may be increased, from time to
time, by a vote of a majority in interest of the stockholders,
at their annual meeting, or at any special meeting that may
be called for that purpose ; which stock shall be divided
into shares of one hundred dollars each, and may be deem-
ed personal property, and may be issued, certified, trans-
ferred and registered in the manner and at such places as •
may be ordered by the board of directors.
§ 4. Said company is hereby authorized and empowered ''*^^"s of bonds.
to borrow money, to an amount not exceeding its capital
stock, for the construction and equipment and the exten-
sion, as aforesaid, of their road ; and for such purposes, to
issue the bonds of the company, and in such sums and forms
as shall be prescribed, by the board of directors, at a rate of
interest, not exceeding ten per cent, per annum, payable
semi-annually ; and shall have full power and authoritj^ to
secure the payment thereof by a mortgage or mortgages, a
deed or deeds of trust, on all or any part or parts of their
said road, right of way, franchises, income or real estate,
containing such stipulations and conditions as shall be
deemed advisable ; and may direct the sale of such lands,
at such times, in such manner and on such terms as they
may think most advantageous for the interest of the com-
pany.
§ 5. Said company shall construct their road so as to Route,
pass through or within one-half mile of the towns of Dela-
van, Lincoln and Mt. Pulaski.
§ 6. That as soon as fifty thousand dollars of I)07ia Jide '^ll^f'^ ^ ^^^^^'
subscription to the capital stock of said company shall be
520 EATLEOADS.
made .and five per cent, tliereon i:)ald, it shall be laM-ful for
said company to elect a board of directors, not less than
five nor more than nine in number, who shall hold their
oflices for one vear and until their successors are elected
and qualified. The first election of directors shall be held
in the town of Delavan, thirty days' notice thereof having
been given, by publication in the towns of Decatur, Lincoln
and Pekin ; and all subsequent elections shall be held as the
by-laws of said company shall prescribe : Frovided^ the
said company shall commence work upon said road within
four and complete the same within eight years from the
passage of this act.
§ 7. This act shall take efiect and be in force from and
after its passage : Provided^ that nothing in this act shall
be so construed as to authorize said company to acquire, by
purchase or otherwise, any lands or real estate, except such
as may be necessary for the construction and maintenance
of their said road,
night of way. § 8- That when such corporation, hereby created, shall
apply for condemnation of any lands, for the right of way,
they shall be governed, in estimating the same, by the gen-
eral laws thereon in force at the time of said application.
Atpeoved February 21, 1861.
In force February AN ACT to regulate the sale of the Quincy and Toledo Railroad and to au-
20, 1S61
thorize the transfer of its franchises to the purchaser.
Section 1. Be it enacted hy the Peoj)le of the State of
Illinois^ representid in the General Assembly^ That the
Transfer of the president of the Quincy and Toledo Railroad Company be
glgeuf^ ™°'' ^^"^^ ^^•^ is hereby authorized, in writing, under the corporate
seal of said company, to transfer its corporate franchises to
any person or persons, company or corporation, who may
hereafter purchase at public auction, said railroad and other
property of said company, described in a certain mortgage
deed, executed by said Quincy and Toledo Railroad Compa-
ny, to John Ross, as trustee, bearing date 1st December,
1857, and made to secure the j)ayment of the principal and
interest of certain bonds, described in said mortgage deed ;
and such transfer, when nuade as aforesaid, and accepted in
writing Ijy the purchaser or purchasers aforesaid, shall au-
thorize such purchaser or purchasers to use the corporate
name of said Quincy aiul Toledo Railroad Company, to-
gether with all the privileges and franchises heretofore con-
ferred by law on said Quincy and Toledo Railroad Compa-
ny, as fully as the said Quincy and Toledo Railroad Compa-
ny could or might do, but subject, nevertheless, to the same
EAILROADS. 521
JiabilitieB, for bis, lier or their own acts, as are now imposed
by law, upon the said Quincy and Toledo Railroad Com-
pany.
§ 2. Tlie sale of said road and property, described in tlie conditions of sale
first section of tins act, shall not di\^est the said Quincy and
Toledo Eailroad Company of the j^ower and authority to
control said railroad property, together with the rents, reve-
nues, incomes or profits thereof, until the published terms and
conditions of the sale have been complied with ; nor shall said
road and property be sold in other manner, at any other
place, or at any other time, than is or may be stated in the
published notice of such sale ; and in case of two or more
bidders for such road and jjroperty, the highest bidder, upon
complying with the terms of sale within the hours advertised
for such sale, shall be the purchaser, and entitled to all the
benefits and advantages of this act ; but in case such high-
est bidder shall not within the time aforesaid, comply with
the terms of said sale, by actual payment of the money,
then and in that case, the next highest bidder, who shall,
within one hour thereafter, make a tender of the amount of
such next highest bid, shall be to all intents and purposes be
the purchaser and owner of such proj)erty and road, and
entitled to all the benefits and advantages of this act, as
fully as if he had been the highest bidder ; but in case the
highest or the next highest bidder shall not comply or ofler
to comply, by tender of the purchase money before sunset
of the day of sale, then and in that case there shall be no
sale, without republication of notice ; and where said road
and property may thereafter be exposed to public sale the
provisions of this act shall apply.
§ 3. The trustee, auctioneer, commissioner or other per- Manner of con-
son selling said road, or acting as crier of bids shall receive ^'^ '°^ ^ ^'
and cry all bids and treat all bidders alike, and the auction-
eer or crier of such sale, at the selling of said road or other
property, whether trustee or any other person, shall make
and subscribe an afiidavit, before some 23erson authorized by Affidavit.
law to administer oaths, in which he shall set forth the
names of the highest and next highest bidders for such rail-
road or other property, and the name of the person to whom
the same was by him awarded or stricken off, and that said
award was made and done without fraud or collusion with
such bidders, or either of them ; Avhich affidavit shall be
filed with the clerk of the circuit court of the county in
which such sale is made, and be by said clerk recorded, as
other instruments in writing are now required by law to be
recorded, and such record shall be prima facie evidence, in
all cases, of the facts stated in the said afiidavit ; and the per-
son or persons authorized to receive the proceeds of the sale
of said railroad or other property shall, in like manner,
make and subscribe an affidavit, before some person autho-
rized by law to administer oaths, which affida^dt shall set
522 EAILKOADS.
fortli the manner in wliicli the provisions of this act has
been complied with, and the amount of money received by
him as the j^roceeds of the sale herein provided for, and that
the same was paid to him and counted by him in the [pres-
ence of two or more respectable witnesses, resident of the
city of Quincy, stating tlie names of such witnesses, and
whether the money so received was paid by the highest or
the next highest bidder, and that he will faithfully apply
such money to the objects of such sale and none other, which
affidavit shall be recorded in the same manner and have the
same effect as to the statements therein as the affidavit of
the auctioneer or crier of such sale.
§ 4. All false and corrupt swearing, in taking any oath
required by this act, shall be deemed perjury, and shall be
punished in the manner now prescribed by law for willful
and corrupt perjury.
§ 5. This act to take effect and be in force from and
after its passage.
Approved February 20, ISGl.
In force February ^^ ^yCT to amend an act entitled " An act to incorporate the Rock Island
' ■ and Alton Eailroad Company."
[Section 1.] Be it enacted hy the People of the State of
Illhwis^ represented in the General Assembly^ That the name
Change of name. <^f Rock Island and Alton Railroad Company be changed
and declared to be "The Saint Louis, x\lton and Rock Island
Railroad Company," and by and nnder that name said cor-
poration shall be henceforth known and have coi'porate ex-
istence, and hold and be possessed of all the rights and
powers and privileges granted to the Rock Island and Alton
Railroad Company, by the original charter of said company
and the law amendatory thereof, and become vested with
all the property and estate and rights of every kind what-
ever, now vested in the Rock Island and Alton Railroad
Company, as fully as if said name had never been changed :
Provided^ that the said Saint Louis, Alton and Rock Island
Railroad Company shall beheld and declared liable for all the
liabilities of the Rock Island and Alton Railroad Company, to
the same extent and in the same manner as the said Rock
Island ami Alton Railroad Company would have been liable,
if the change of name herein granted had not been made.
certincatcofBcc- § '^- The Certificate of the secretary, under the corporate
reiary. goj^l of gj^ij couipauy, sluiU bc rcccivcd in all courts and
places ix^ prima facie evidence of the rules and by-laws of
said company ; of the appointment of agents and officers, of
EAILKOADS. 523
any order of said company or their directors, and also of the
due organization of said company.
§ 3. That the time for the completion of said road shall '^l^^ °^ <=°'°ri«-
be extended six years, from and after the fourteenth day of
February, a. d, 1861.
§ 4. The said company shall have the right to mortgage Mortgages.
their tolls, rents and income.
§ 5. That said company, in securing the payment of their
bonds by mortgage or deeds of trust on the road, ]jroperty,
franchises, income and tolls of the corporation, shall have
power to execute a mortgage or deed of trust, to secure the
payment of the full amount of bonds, which the company
may, at the date of said mortgage or deed of trust, deem it
advisable to issue, and may at any time thereafter, sell and
dispose of the whole amount bearing even date with the
said mortgage or deed of trust, or may, from time to time
execute, sell and dispose of such amounts of said bonds, and
of such dates, and payable to such persons, as the directors
may deem advisable, till the whole amount of bonds men-
tioned in said mortgage or deed of trust shall be executed
and sold, and the said mortgage or deed of trust shall be as
valid and effectual, to secure the payment of the bonds so
executed and sold and each of them, as if the same had been
executed of even date with the said mortgage or deed of
trust.
§ 6. The said company are hereby authorized to make Preferred stock,
and issue preferred stock, and guaranty, by dividends or
otherwise, to the holder of such preferred stock, over the
original stock of said company, a rate of interest not exceed-
ing ten per cent, per annum.
§ Y. That section hve of the act amendatory of the ori- k«^i estate.
ginal charter of said company is hereby declared to give
said company the power to deal in real estate only for the
purpose of facilitating the acquisition of the right of way,
depot grounds, and other necessary purposes, and shall not
be deemed to grant any power to speculate in real estate.
§ 8. That the proviso in section fourteen of the original
charter of said company, to-wit: that no cars shall run upon
the line or track of the road constructed by the company
hereby incorporated, except at the points of crossing or in-
tersecting the same, l3e repealed.
§ 9. AH actions now pending, in which the Rock Island ^."'^^ °°^ p«°^-
and Alton Kailroad Company is plaintiff or defendant, may
be prosecuted to final judgment and execution in that corpo-
rate name, and no existing right of action or defense in any
such pending suit shall be in any way affected by the provi-
sions of this act.
§ 10. The subscriptions of stock made in the counties of ^c^erumsuifscrip-
Schuyler, Greene and Scott, by the counties or individuals, <i°"s-
when collected, shall be expended on the work done or to
be done, respectively, in those counties.
524 EAILKOADS.
§ 11. This act sliall be a public act, and shall bo in force
from and after its passage.
Ai^PKOVED February 18, 1861.
I^ force February ^X ACT to authorize the inhabitants of the township of Sycamore, in De
• ^ • Kalb county, to subscribe to the stock of the Sycamore and Cortland Rail-
road Company.
■ Section 1. Be it enacted ly the. People of the State of
Illinois, represented in the General AssemUy, That the
township of Sycamore is hereby authorized to subscribe for
shares of stock in the Sycamore and Cortland Railroad Com-
pany, in the sura of ten thousand dollars ; which stock, so
subscribed, shall be under the control of the su])ervisor,
town clerk and assessor of said township or any other per-
son or persons that they or a majority of them may duly
appoint, in all respects as stock subscribed by individuals,
who shall hold the same for the benefit of the school fund
of the township of Sycamore : Provided, that when any
stock is subscribed to said railroad company, under this act,
the time of the payment of the same shall be so fixed that
not exceeding the sum of three thousand dollars principal
shall fall due in any one year.
Issue of township § 2. That for the payment of stock so subscribed the
bonds. grj^l(^[ supervisor of the township of Sycamore is hereby au-
thorized and required to issue to said railroad company
the bonds of said township, at par, in the sum of one hun-
dred dollars each, bearing interest at the rate of ten per cent,
per annum, payable annually, with interest coupons annexed,
and executed by the supervisor and countersigned by the
town clerk of said township, to the amount of ten thousand
dollars, and to pledge the faith of said township for the an-
nual payment of the interest and ultimate redeuiption of
the principal; which bonds may run any period, not ex-
ceeding four years. The avails of said bonds, when so is-
sued, shall be applied by the directors of said couijtany in
lirpiidation of the present indebtedness of said railroad com-
pany. Said bonds to be payable on the first Monday in
March, in whatever year they may be made payable.
Vote upon qucs- § ?>. Tluit boforc tlic stock aforesaid shall l)e subscribed,
tionof subscrip. ^^^ elcctiou shall be held to ascertain whether tlie citizens of
said township are desirous that said subscription shall be
made ; which said election may be held at any time within
two years from the passage of this act, and shall l)e called
by the supervisor of said township, on the written request
of the board of directors of said railroad company, by post-
ing notices in at least five public places in said township ten
tion.
EAILKOADS. 525
days before said election, stating the time, place and object
of such election, and publishing the same by at least two
insertions in the newspapers published in said township, and
the returns thereof made as is now provided by law for the
annual elections of town officers : Provided, that if the su-
pervisors shall fail or retuse to call said election on request
as aforesaid, the same may be called by twelve freeholders,
legal voters of said township, by giving public notice as
aforesaid.
§4. At the. election to be held under this act, the vote Election.
shall be taken by ballot, upon which shall be printed or
written, or partly printed and partly written, "For the Rail-
road," or "Against the Eailroad," and if it shall be found
that a majority of the legal voters of said township, voting
upon the question, have voted for the railroad, then the sub-
scription to the stock, as aforesaid, shall be made and bonds
issued as herein before provided.
§ 5. If a majority of the votes cast at the election held ^^^"^^ '^'
under this act shall be "For the Eailroad," then the board of
supervisors of the county of De Kalb shall levy a special
tax upon all the taxable j^roj^erty in said township of Syca-
more, sufficient to pay the principal and interest on said
bonds as they shall become due, which tax shall be extended
by the clerk of the county court, and collected by the collec-
tor of said township of Sycamore, at the same time and in
the same manner that the other tax of said township of
Sycamore are levied and collected, with the same rights,
powers and remedies, to enforce the collection of said tax,
by the sale of property, or otherwise, as is now provided
for the collection of other taxes for revenue and other pur-
poses, and, when collected, the collectors shall pay the same
over to the supervisor of said township, who shall pay the
same to the legal holder or holders of said bonds at ma-
turity.
Approved February 20, 1861.
AN ACT to incorporate tlie Shawneetown and Eldorado Eailroad Company. In force February
^ 20, 1S61.
Section 1. Be it enacted hj the People of the State of
Illinois, represented in the General Asseriibly, That Benjamin
P. Hinch, Orval Pool, Joseph B. Barger, John Olney, John
T. Jones, John D. Richeson, Charles'Carroll, John McKee
Peeble, Thomas S. Ridge way and James S. Reardon, Daniel
Wood, Simeon K. Gibson, Joel Cook and Robert D. Pearce,
John Crenshaw and John S. Campbell, of the county of
Gallatin, and Meeks Haley, George E. Burnett, Nathaniel
Bramlet, "Warner E. Burnett, William H. Parrish, Jo. Rob-
526 RAILROADS.
inson, "William Elder and Charles C. Guard, of flie county
of Saline, and state of Illinois, and their associates, succes-
sors and assigns, are hereby created a body politic and cor-
corpoiate name poratc, nndcr tlic name and style of " The Shawneetown
and povcers. and Eldorado Kailroad Company," with perpetual succes-
sion; and by that name be and they are herel)y made a
body politic, capable, in law and in equity, to sue and be
sued, plead and be impleaded, defend and be defended, in
any court of law or equity in this state ; to make, use and
have a common seal, and to alter the same at })leasure ; and
shall be and are hereby vested with all the powers, rights,
privileges and immunities which are or may be necessary
to carry into etfect the purposes and objects of this act, as
herein set forth, which is, to build, own, maintain, use and
put in operation, and continue the same, perpetual, if neces-
Route of construe- ^ary, a railroad, from the town of Shawneetown, in the
twii- county of Gallatin, and state of Illinois, by way of the
town of Equality, to the town of Eldorado, in the county
of Saline, and state of Illinois ; and for that purpose said
company is hereby authorized to lay out their road, not
exceeding two hundred feet wide, throughout the entire
length of their said railroad, and to construct said railroad,
with one or more tracks, with all necessary side tracks, turn-
outs, depots, wharves, stations, machine shops, water tanks
and other necessary buildings, inclosures and structures,
necessary to put in successful operation their raili-oad.
Use of the Shaw- § 2. Be it further enacted^ That said railroad com-
neetown and panv, and successors and assio-ns, are hereby authorized
Alton triick &C-*-*'' o? «/^
' ' and empowered to take, nse, occupy and own the right of
way, together with the grades, bridges, culverts, embank-
ments, excavations, ties, and all the materials on the line of
the old Shawneetown and Alton railroad line or survey, to
the west boundary line of the said county of Gallatin.
Right of way. § 3. Be it further enacted^ That said railroad company,
for the purpose of acquiring the right of way, from such
point as may be designated by them, on the said line of the
Shawneetown and Alton railroad line, at or west of the
town of Equality, to the said town of Eldorado, or for the
purpose of constructing, building, reconstructing or rebuild-
ing, completing and keeping in good order their said rail-
road, with all the necessary side tracks, turnouts, wharves,
depots, station houses, machine shops, water tanks, and
other structures or things, along the whole line of their
railroad ; and, for the purpose of obtaining stone, sand,
gravel, earth, or other materials, for consti-ucting, building,
reconstructing, rebuilding or repairing their said railroad
and other structures, said railroad company may and they
are hereby authorized and empowered to take, condemn,
use and occupy the same, under the laws now in force for
condemning lands for similar purposes : Proi'ided, hoivever,
said railroad company may obtain the same by umtual
EAILEOADS. 527
agreement with the owners thereof, if they he persons of
mature age and sound mind.
§ 4. And he it further enacted^ That the capital stock capital stock,
of said raih'oad company shall be one million of dollars,
which shall be divided into shares of one hundred dollars
each; and each share on which there is no unpaid calls
shall entitle the hona fide owner thereof to one vote, either
in person or by legal proxy, in all elections for directors, or
for increasing the capital stock of said company, and on
such other matters and things as may be designated in the
by-laws, rules and regulations of said company.
§ 5. And he it further enacted., That said railroad com- '^^^^^ of "J'""*"-
pany is hereby authorized, on the passage of this bill, or at
such other time as they may deem practicable, to organize,
by electing a board of directors, to consist of any number
they may designate, not exceeding seven, and shall, annu-
ally, thereafter, elect their board of directors ; which board
of directors, when so severally elected, shall organize, by
electing some one of their number president, and some
competent person, who shall be a stockholder in said com-
pany, secretary, whose duty it shall be to keep a perfect
record of all the acts of said board of directors, and do and
perform all the duties of secretary of said company ; which
record, so kept, shall be open to the inspection of any
member of said company, when desired.
§ 6. And he it further enacted. That the said board of ^^y-"^^^ ^"'^ ^^^^
directors shall have power to pass all needful by-laws, rules
and regulations, which they may deem practicable, for the
government of the atfairs and property of said company,
not inconsistent with the constitution and laws of the United
States and of this state, nor with the provisions of this act.
The}' shall also have power to issue bonds and negotiate issuing of bonds.
the same, and to borroAv money, and mortgage their pro-
perty, both personal and real, or mixed, for the payment of
said bonds so negotiated, or money so borrowed ; and all
the stock subscribed to said railroad company shall be
deemed personal property, and may be transfei-red, by an
assignment thereon, agreeable to tlie rules and regulations
of said company ; and said company may purchase lands
and other property, with their stock.
§ T. Be it further enacted^ Tb at said company may have crosrfn-s and
power to connect their railroad with or cross any other road " °
now laid out or that may hereafter be laid out and con-
structed in this state.
§ 8. Be it further enacted, That said company shall
commence their said railroad within seven years from the
passage of this act, and shall complete the same within
seven years thereafter.
§ 9. Be it further enacted^ That said railroad company, subscriptions.
after they organize, may open books, at such times and
connections.
528
KAILROADS.
places as they may deem practicable, for the subscription of
capital stock to said railroad company.
§ 10. Be it further enacted, That all the privileges
necessary for the erection, completion and putting in suc-
cessful operation their railroad, not conferred by theprovi-
sions of this act, may be obtained under the provisions of
"An act to provide for a general system of railroad incor-
porations," approved November the 5th, 1849.
§ 11. Be it further enacted, That this act shall be
deemed a public act, and be m force from and after its
passage,
Appkoyed February 20, 1861.
Secretary's
tifieates.
Subscriptions.
In force February ^^ ^Qx to amend an act entitled "An act to incorporate the Springfield and
22, tS61. p.^„.^ Railroad Company," approved February 16, 1S57.
Section 1. Be it enacted hj the People of the State of
Illinois, rejpresented in the General Assembly, That the
Time of compie- tluic for Commencing the construction and completion ot
•'°"- the Sprino-field and Pana railroad be extended lor the term
of ten years, from and after the passage of this act.
§ 2. The certiticate of the secretary of said company,
under the seal of said company, shall be received in all
courts and places as evidence of their rules and by-laws, of
the appointment of agents and officers, or of any order of
said company or ^heir directors, and also of the due organi-
zation of said company.
§ 3. The persons named in the first section of the act
to which this is an amendment, or any three of them, are
hereby authorized to open subscription Imoks for said
stock, at such places as they may deem proi)cr, and shall
keep said books open until fifty thousand dollars ot said
capital stock shall be taken. The said commissioners, or
any three of them, shall, immediately thereafter,^ call a
meeting of the stockholders, by giving twenty^ days' notice
in some newspaper printed in [Springfield, Taylorville or
Pana, and, at such meeting, it shall be lawful to elect five
directors of said company •" and when the directors ot said
company are chosen, the said commissioners shall deliver
the said'subscription books, with all sums of money received
by them, as commissioners, to said directors. Ko person
shall be a director in said comi)any unless he shall own or
be a subscriber of at least one share of the capital stock. ^
Directors. § 4. Tlic immediate government and direction ol said
company shall be vested in five directors, who shall be
chosen by the stockholders of said company, in the manner
provided in this act and the act to which this is an amend-
EA1LE0A.DS. 629
ment, who shall hold their office one year after their elec-
tion, and until others shall be duly elected and qualified to
take their places as directors ; and the said directors, or a
majority of them, shall form a quorum for the transaction
of business, shall elect one of their number to be president
of the company. The said board of directors shall have
power to appoint all necessary officers and clerks of business officers.
of said company. In case of the absence of the president
of the board, the board of directors shall have power to
elect a president, jyro tempore, who shall exercise, for the
time being, all the legal powers of the president of said
board ; and said board of directors, or a majority thereof,
shall have power to make and ordain such rules and by-laws
as may be necessary or expedient for the government of
the company, its servants and agents.
§ 5. Section six of the act to which this is an amend-
ment is hereby repealed, and all parts of said act conflicting
with this amendatory act.
§ 6. The said company is hereby authorized to receive subscriptions to
subscriptions to its capital stock, payable in money, labor, materials" &c°''
materials, ties, or other pei'sonal property or real estate ;
and on a failure or refusal of any subscriber, his heirs, exe-
cutors or administrators, to make such payment or comply
with the conditions thereof, the said company may proceed,
by suit, in any court having competent jurisdiction thereof,
and recover the amount or value of the same in money;
and the said company is also hereby authorized to receive
subscriptions to the capital stock of said railroad company,
payable at any time thereafter, either when the entire road
or any part of it is completed or in operation, and, to secure
the payment of the same, may take and receive notes or
bonds, either with or without personal or real estate secu-
rity, or with or without interest, not exceeding ten per cent,
per annum, as may be agreed upon or ordered by its com-
missioners or board of directors. The notes, bonds or other
security, as herein provided for, may be by said company
assigned or transferred ; and such assignment or transfer
shall vest in the assignees or assigns the legal title thereto.
§ 7. The said railroad company is hereby authorized to Real estate.
purchase, receive and hold such real estate as may be
deemed necessary for the interests of said company, and
shall also be authorized to sell and convey, by deed, in fee
simple, any or all real estate belonging to or acquired by
said company, which, in the judgment of its board of direct-
ors, is not needed for the purposes of said company.
§ 8. This act, as also the original charter of said com-
pany, shall be deemed public acts, and shall be so received
and taken notice of in all courts and places.
Appkoved February 22, 1861.
-46
530 RAILK0AD8.
In force Fobnmi-y AX ACT to perfect the title of the purchasers of the Terre Haute, Alton and
18, 1861. yj. LQuig iiivilroad, and to enable such purchasers, when the road is sold, to
ibrin a corporation, aii<l definint; the rights and duties of such corporation.
Section 1. Be it enacted hij the Peojile of the State of
Illinois, represetited in the General Assembly, That in case
the railroad of the Terre Ilante, Alton and St. Louis Railroad
Company, or any part thereof, shall be sold by virtue of any
mortgage, mortgages or deed or deeds of trust, either by fore-
closure or other proceedings in law or equity, or in pursuance
of a power in audi mortgage or mortgages, deed or deeds of
trust contained, or by joint exercise of the said authorities,
the purchaser or jDurchasers of the same, or their survivors
or survivoi*, or they and their, or lie and his associates, or
their or his assigns, ma}' form a corporation, by the name of
Name and organi- "The Saiiit Louis, Altou and Terre Haute liailroad Conipa-
ziiti.)ii oi uew ny," by tiling in the otiice of the secretary of state a cer-
company. titicatc, uudcr tlicir or his signature, specifying the number
of directors of said new corporation ( a majority of whom
shall always be citizens of the state of Illinois, residing in
the counties along the line of the road, who shall be not less
than tive nor more than thirteen in number^) and the pe-
riod, not exceeding one year, of their service, the amount of
their original capital and the number of shares into which
such capital is to be divided ; and, thereupon, the persons
who shall have signed such certificate, and their successors,
shall be a body politic and corporate, by the name of "The
St. Louis, Alton and Terre Haute Railroad Company ;'' and
a copy of such certificate, attested by the signature of the
secretary of state or his deputy, shall, in all courts and
places, be evider^ce of the due formation and existence of
the said corporation and of the facts in the said certificate
stated.
Corporal* pow- § ^- ^hc Said St. Louis, Alton and Terre Haute Railroad
Company shall have power to acquire, by purchase or other-
wise, and to hold, use and enjoy the Terre ILiute, Alton and
St. Louis railroad, and each and every part thereof, whether
situate within or without this state ; and :ill equipments,
machinery, tools and materials, all lands, property, rights
and things connected therewith or necessary to the use
thereof, together with the tolls, income, rents issues and
jirolits of the same, and shall have power to maintain and
operate the same, as fully as might have been done hy the
'Pierre Haute, Alton and St. Louis Railroad Company; and
the said corporation shall also possess and enjoy all the fac-
ulties, powers, authorities, immunities, privileges and fran-
chises, at any time held by the said Terre Haute, Alton and
St. Louis Railroad Company, or by any of the other corpo-
rntions heretofore consolidated into the said coni])any or
conferred on the said company, or the said corj)orations, or
eitlier of them, by any act or law of this state or of the state
Kt
EAILKOADS. 531
of Indiana, and shall have capacity to hold and exercise,
without this state, all the said faculties, powers, authorities,
privileges and franchises, and all others which may here-
after be conferred upon it by or under any law of this state
or of other states ; and the said St. Louis, Alton and Terre
Haute Kailroad Company, when formed, in pursuance of
this act, shall have power to create and issue capital stock, capUai stock.
in shares of fifty dollars each, and to such aggregate amount
as shall be deemed necessary to carry out the objects of this
act, not exceeding any amount which may be fixed by agree-
ment with the persons forming the said new corporation, in ac-
cordance herewith ; and may establish preference, in respect
to dividends, in favor of one class of the stock, in such or-
der and manner, and to such extent, and with such securi-
ties as it may deem expedient, not exceeding in the aggre-
gate any amount fixed as aforesaid ; and may confer on
holders of any bonds which it may issue or assume to pay Riph-s of bond,
such rights to vote at all meetings of stockholders, not ex- ^°^"^'-'^-
ceeding one vote for every one nundred dollars of the par
amount of the said bonds, as may by it be deemed advisable;
which rights, when once fixed, shall attach to and pass with
such bonds, under such regulations as the by-laws may ])re-
scribe, to the successive holder thereof, but shall not subject
any holder to assessment by the said company or to any lia-
bilities for its debts or entitle any holder to dividends ; and
the said corporation may make and issue its bonds, of not issuing of bondi.
less denomination than one hundred dollars each, payable
at such tinies and places, bearing such rates of interest, not
exceeding seven per cent, per annum, payable semi-annually
at such place or places as may be agreed upon, as it may
deem expedient ; and may hypothecate or sell such bonds,
within or without this state, when issued, to raise or borrow
money, at a price not less than eighty cents on the dollar ;
and all other bonds to be issued shall be sold or exchanged
at par; and in no case shall bonds, whether hypothecated
or sold, become a debt or liability of the corporation at less
than eighty cents on the dollar; and the said company may
secure the payment of any bonds which it may make, issue
or assume to pay, by mortgage or mortgages or deed or
deeds of trust of its railroad, or any part thereof, or any
other of its property, real or personal, and may include in
any such mortgage or mortgages or deed or deeds of trust Morteatfe of pro-
any locomotives, cars and other rolling stock or equipments, ''"'^'
and any machinery, tools, implements, fuel and materials or
other real or personal estate, whether then held or thereafter
to be acquired, for the constructing, operating, repairing or
replacing of the said railroad, or any part thereof, or of any
of its equipments or appurtenances ; all of wdiich property
and things, so included, whether then possessed or thereaf-
ter to be acquired, sludl be subject to the lien and operation
of every such mortgage or deed of trust, in the same man-
532 EAILROADS.
ner and with the like eflect as if such property constituted
a part of such raih-oad ; and may also include all franchises
held by the said corporation and connected with or relating
to the said rt.ilroad ; and all corporate franchises of the said
company, which said franchises are hereby declared, in case
of sale by virtue of any such mortgage or deed of trust, to
pass to the purchaser or purchasers, so as to enable him or
them to form a corporation, in the manner herein prescribed,
and to vest in such corporation all the faculties, powers, au-
thorities, immunities, privileges and franchises, conferred by
this act ; and the said corporation ma.j do all things which
may be necessary or convenient, to carry into full etiect the
powers hereby granted ; and the powers hereby conferred
maybe exercised by the directors thereof; and the directors
of said new company shall, at each annual meeting, submit
to the stockholders a report in detail of their acts and do-
ings.
Existin.' liabiii- § ^- That thc said St, Louis, Alton and Terre Haute
lies. ° Railroad Company shall, within six months after its organi-
zation, have power to assume such debts, liabilities and
claims against said Terre Haute, Alton and St. Louis Eail-
road Company, and make such settlements or adjustments
with any of the stockholders or other parties interested
therein, as it may deem proper and as is provided for in this
act ; and, for such purpose may use such portion of the
stock or bonds hereby authorized to be created, and in such
manner as is in and by this act directed and provided.
Sale under mort- § '^- That iu casc the Tcrrc Haute, Alton and St, Louis
gage. railroad, or any part thereof, may have been or shall be de-
creed by any court of this state, or by an}' circuit court of the
United States, for a district in which any part of said railroad
is situated, to be sold by virtue of any mortgage or mortgages
or deed or deeds of trust uj3on the same, containing a power
of sale to the trustee or trustees, it shall be lawful for the
said trustee or trustees to unite with the proper ofhcers in
making such sale, or, under the order of the court, to make
such sale, at the time and place appointed by the court, and
with such notice as may be ordered by the court, and to ex-
ecute a conveyance of the said railroad, or the part thereof
that may be sold ; and such sale and conveyance shall be a
valid and ^effectual execution of the powers of sale and con-
veyance contained in the said mortgage or mortgages or
deed or deeds of trust, and shall operate to invest the pur-
chasers with the title to the railroad ])roperty, and things
sold, as aforesaid, freed and discharged from all right an 1
equity of redemption by the mortgagor or junior incumbran-
ces or any other party whatsoever.
Transfers and as- § 5. That full authority is hereby given to the corporate
sigumeiit. authorities of the several counties, townshi])s, cities, villages
or municipal corporations, owning stock in said company,
and to all persons holding stock in the said company, in any
KAILKOADS. 633
fiduciary capacity, to transfer, assign or surrender the same,
and to accept and receive, under the organization, such por-
tion of new stock as may be apportioned to the stock so
owned or hekl.
S 6. The said St. Louis, Alton and Terre Haute Eailroad weetinpsof stock-
/->( • 1 • T • -IT holders.
Company, wlien organized, as m this act provided, may
hokl meetings of stockhoklers or of directors, or both, either
at St. Louis, in the State of Missouri, or at Terre Haute, in
the state of Indiana, as well as in this state ; and the said
company or corporation is hereby expressly and forever
prohibited from having its treasury or any office or place of
business at any point out of the limits of the state of Illinois,
other than at Terre Haute and at St. Louis.
§ 7. All the powers and franchises, by this act conferred,
and the right to exercise the same, as a body corporate,
shall become null and void unless the said St. Louis, Alton
and Terre Haute Railroad Company shall, within six months
after its organization, as is herein provided for, j^rovide, as
is hereinafter directed, for the junior incumbrances, general
creditors, unsecured by deed of trust or mortgage, and.
stockholders in the Terre Haute, Alton and St. Louis Eail-
road Company, by issuing to the junior incumbrances, cred-
itors and stockholders certificates of stock in said St. Louis, ^^g^j'^'^'^^^*^^ °^
Alton and Terre Haute Eailroad Company, as herein provi-
ded, that is to say : for the amount due upon the third and
fourth mortgage bonds of the said Terre Ilaute Alton, and
St. Louis Eailroad Company, calculating interest on such
bonds and on the past due coupons pertaining to such
bonds, at the rate of seven per cent, per annum, and provi-
ding only for such bonds as have been actually sold and for
the amount for which the same have been sold, in preferred
stock of said St. Louis, Alton and Terre Haute Eailroad
Company, upon which preferred stock dividends, at a rate
not exceeding seven per cent., may be j^aid till the common
stock hereinafter provided for shall receive a like dividend,
and then such preferred stock shall receive ecjual dividends
with the common stock, for the excess of dividends to be
declared ; for all other creditors, common stock, for the full
amount of their debts, and to stockholders for bona jide stock
by them held, stock for the half of the stock by them so
held : Provided^ that the board of directors provided for in
this act shall have power and it shall be their duty to pass
necessary by-laws for the adjustment and settlement of the settlement of
floating debt that has heretofore accrued along the line of ^°'""'° ^''^^''
said railroad : Provided^ further^ that nothing "herein shall
prevent the directors of said St. Louis, Alton and Terre
Ilaute Eailroad Company from issuing preferred stock to
any of the unsecured creditors of the Terre Ilaute, Alton
and St. Louis Eailroad Company, when the equities of such
claim shall, in the judgment of the directors, demand such
preference : And ;provided, further^ that no person, bond-
Selling of stock.
534 RAILROADS.
holder, creditor or stockholder, sliall have the benefit of this
section without surrendering and transferring to the St.
Louis, Alton and Terre Haute Railroad Company, within
the time aforesaid, the bonds, claims, demands or stock for
which he shall desire the issue of new stock bj the St. Louis,
Alton and Terre Haute Kaih-oad Company' : And, jyrovlded
further, that the said St. Louis, Alton and Terre Haute Rail-
road Company sliall proceed to fence the line of said road,
and shall expend thereon at least twenty thousand dollars,
in each and every year, till the line of said railroad is com-
pletely fenced.
§ 8. After the reorganizing and the formation of a cor-
poration, as herein provided, all persons who may have
stock killed, (and for the killing of which the said company
may be legally liable,) and also all persons who may furnish,
by contract, wood, ties or other materials or supplies, or
work and labor, of any kind, for the use maintenance, im-
provement or operation of said railroad, shall, to secure the
payment therefor, have a prior lien over all other and fu-
ture mortgages, deeds of trust or other incumbrances upon
the said railroad and all equipments, machines, tools, proper-
ty and other things connected therewith.
Freight laiiffd. § 9. Thc said St. Louis, Alton and Terre Haute Railroad
Company shall have the right to fix the rates of toll or
tariff for all passengers or freight, transported over the line
of their said road, with such discrimination as to them shall
seem most conducive to the interests of said road.
Sale of real cs- § 10. The Said St. Louis, Alton and Terre Haute Rail-
*''''*^' road Company shall have power to bargain, sell and convey
any real estate which they may hold or acquire, and which is
not necessary to the business operations or use of said road ;
and any mortgage or deed of trust executed by said St. Louis,
Alton and Terre Haute Railroad Company shall not be a
lien on any of such real estate.
AiM.iirationoftho § H- Tlic camings of said road, after paying the opera-
ting and contingent expenses of said road and the paying
of all necessary repairs and improvements, shall be applied,
first, to the payment of interest on the bonds of said road,
which now are a lien, as well as those tu be hereafter issued,
according to the order of their priorities ; next, in providing
for a sinking fnnd for the retirement of such bonds, which
sinking fund shall not exceed two per cent, of the gross
earnings of said road, in each year ; and, next in the pay-
ment of dividends on the stock, according to the order of
priorities of the stock, as hereinbefore provided.
I'M- nirnt of ^ 12. All honajide claims or judgments, for stock here-
tofore killed by the Terre Haute, Alton and St. Louis rail-
road, and all claims for right of way on that part of the road
from Belleville to lllinoistown, and all just dues for work
and labor done and for wood and ties furnished or taken for
the said Terre Haute, Alton and St. Louis Railroad Compa-
:iniiii
claiiu:!.
EELIEF, ETC. 535
ny, and all judgments had for the same, which have not
been arranged or settled by said Terre llaute, Alton and
St. Louis Railroad Company, shall be assumed and paid by
the St. Louis, Alton and Terre Haute Raih-oad Conij^any as
a condition precedent to the operation of this act.
§ 13. This shall be deemed a public act, and take effect
and be in force from and after its passage.
Approved February 18, 1861.
AN ACT to make a certain appropriation. In fnroe Jpnuary
30, 1861.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That the
auditor of pubHc accounts is hereby directed to draw a
warrant on the treasury in favor of Mrs. E. K. Bissell,
widow of the late Governor Bissell, for a sum of money
which will be equivalent in amount to the salary for the
unexpired term of the late governor, from the time of his
death.
§ 2, This act shall be in force and take effect from and
after its passage.
Approved January 30, 1861.
AN ACT for the relief Morris Lindsav, postmaster of Springfield. 1° ^"""ce rehniary
- ' ^ ^ ° 5, 1S61.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the GeneTol Assendily^ That the
auditor be directed to draw his warrant upon the treasury
in favor of Morris Lindsay, postmaster at S])ringfield, for
such an amount as shall be necessary to reimburse him for
his advances to the last general assembly for postage, with
interest at ten per cent, per annum, it being understood that
said Lindsay has received the principal, with six per cent,
interest, and the amount to be paid under this act is an
additional amount of interest equal to the difference
between six and ten per cent, ; said sum to be paid out of
any money in the treasury which is now or may be hereaf-
ter authorized to be paid by virtue of any act of the general
assembly.
Approved February 5, 1861.
536 BELIEF, ETC.
In force Friiruary AN ACT for the relief of Jame3 Michic.
•2>, ISOl.
Section 1. Ite it enacted hy the People of the State o
Illinois, represented in the General Assenihlij, That James
Micliie be allowed the sum of thirteen hundred and eighty-
three dollars and sixty-nine cents, in full for principal and
interest due him from the state, for the amount of orders
held by him, and drawn by contractors on the Illinois and
Michigan Canal upon the canal commissioners. And the
auditor of public accounts be and he is hereby authorized
and directed to draw his warrant on the treasurer, in favor
of the said James Michie, for the above amount.
§ 3. This act to take eflect from and after its passage.
Appkoved February 22, 1861.
In force February AN ACT for the relief of Edmund Sowers.
21, ISOl.
Whekeas Edmund Sowers, on the nineteenth day of
November, in the year of our Lord one thousand eight
hundred and iifty-three, did, in pursuance of an act
entitled "An act to provide for the sale of public property
and the payment of the public debt," approved March
1th, 1813, and all subsequent laws, purchase of the state
of Illinois, the west half of the northeast quarter of sec-
tion JSTo. one, in township No. fourteen south, range No.
one west of the third principal meridian, containing sev-
enty-eight 81-100 acres, being a part of the Jands
o-ranted by the United States to the state of Illinois, by
an act of congress, entitled "An act to appropriate the
proceeds of the sales of the public lands, and grant pre-
emption rights," approved September 1th, 1811, and did
pay into the treasury of the state the sum of two hundred
and seventy-six dollars and twelve cents, in cash, there-
for; and whereas Joel A. Matteson, governor of the state
of Illinois, on the 20th day of December, 1853, by letters
patent, granted to Edward Sowers, his Jieirs and assigns,
the tract of land above described, purchased as aforesaid
by Edmund Sowers ; therefore,
J^e it enacted by the People of the State of Illinois, repre-
sented in the G-eneral Assembl//, Tha t the lands so purchased
by the said Edmund Sowers, but conveyed by the said
c'Miveanc of ^'^vernor, through mistake or inadvertence, to Edward
ianja. ' Sowcrs, his heirs and assigns, are confirmed, and, by virtue
hereof, are to inure to the" benefit of the said Edmund Sow-*
ers, his heirs and assigns, forever.
This act to take effect and be in force from and after its
passage.
Approved February 21, 1861.
RELIEF, ETC. 637
AN ACT to provide for paying amount due Andrus B. Stone, for building In force February
bridge across tiie Kankakee river, at Wilmington, under "An act to autiior- ' •
ize the towns and townsliips therein named to levy and collect moneys, and
expend the same in building a bridge across tlie Kankakee river, at Wil-
mington," approved February 15th, a.d. 1855.
Whekeas, in pursuance of an act of the general assembly
of the state of Illinois, entitled "An act to authorize the
towns and townships therein named to levy and collect
moneys and expend the same in building a bridge across
the Kankakee river, at Wilmington," approved February
15th, 1855, the Kankakee Bridge Company, created by
said act, have built a bridge across the Kankakee river,
at Wilmington, and the tax authorized by said act to be
levied has been levied and collected ; and whereas, by a
decree of the circuit court of Will county, in chancery,
a part of the money so collected was ordered to be and
was ]3aid out to j^ersons not entitled thereto, thereby
placing it out of the power of said Kankakee Bridge
Company to pay the full amount of the indebtedness
incurred by them in building said bridge, leaving said
Kankakee Bridge Company justly indebted to A. B.
Stone, L. B. Boomer and IN'^. S. Boutou, for labor per-
formed ui3on and materials furnished for said bridge, in
the sum of twenty-eight hundred hfty-seven ($2,857 92)
and 92-100 dollars, for which sum judgment was renderd
against said company, in favor of Andrus B. Stone,
in the circuit court of the United States for the Northern
District of Illinois, on the ninth day of November, a.d.
1859 ; therefore.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the
sum of thirty-eight hundred seventy-two ($3,872 80) and Taxation.
80-100 dollars, being the amount of the judgment aforesaid,
with interest thereou and costs therein, with the expenses
of collecting the same to be added thereto, shall be assessed
upon all property liable to taxation in the towns of Wil-
mington and Keed, in Will county, and the towns of Essex
and Xorton, in Kankakee county; which tax shall be levied
and collected with the general tax for the year 1861.
§ 2. The board of auditors of each of said towns shall, statement of the
when they prepare a statement of taxes for their town, for torp!*^ °^ *"
the year 1861, also ascertain and certify to the county clerk
of the county in which the town is situated, what amount
of the sum aforesaid shall be raised in each of said towns;
and such amount shall be collected as other town taxes are,
and, when collected, shall be applied in payment of the
judgment aforesaid.
§ 3. The amount to be paid by each of said towns shall
be determined by an inspection of the assessment books of
all of said towns, and paid in such manner that the same
—47
538 BELIEF, ETC.
rate shall be levied upon the taxable property in each of
said towns.
Legal proceeding. § 4. That the Said Kankakee Bridge Company be and
they are hereby empowered to institute and carry on legal
proceedings, in the name of said company, or otherwise, to
recover any and all moneys collected under said act, which
have not been legally applied to the payment of the debts
incurred by said company in building said bridge ; and the
money so recovered, if any, shall be applied, alter paving
the expenses attending such recovery, upon the judgment
in favor of Andrus B. Stone, aforesaid.
§ 5. That the amount of money, if any, so recovered by
said Kankakee Bridge Company, and by them applied upon
said judgment, shall be by said company certified to the
board of auditors of each of said towns, on or betbre the
day ap])ointed by law for said boards to certify the amount
to be collected ; which amount, so certified by said company,
shall be deducted from the amount authorized b}' this act
to be collected.
§ 6. That in case any money shall remain, after satisfy-
ing said judgment and costs against said Kankakee Bridge
Company, either from the collection of the above tax or by
recovery by said Kankakee Bridge Company, the same
shall be used to repair said bridge, and for no other
purpose.
§ 7. This act to be deemed a public act, and to be in
force from and after its passage.
Appkoved February 22, 1861.
Bep^rs,
^° ^ZoTfser*'' -^N ACT for the relief of Frank Talbert
Section 1. Be it enacted hj the Peoi^le of the State of
Illinois^ represented in the General Assembly, That w'hat-
ever sum of money may be recovered of Simeon Lantz and
Nelson O. Laycock, the sureties of Julius Talbert and Ra-
chel Talljert, who were indicted in the McLean circuit court
for cruel and inhuman treatment ot their child, Frank Tal-
bert, and who forfeited the bond upon which Simeon Lantz
and Nelson O. Laycock were sureties, shall be paid to the
guardian of said Frank Talbert, to be held in trust for the
use and support of said minor, Frank Talbert, during his
minority; and such amount as may remain, after legal dis-
bursements during the minority of said Frank Talbert,
shall, by his guardian, be paid to him upon his arriving at
the age of twenty-one years.
Appotntment of § 2. That the probatc court of the county of McLean is
guardian. hereby authorized and directed to appoint a proper person
RELIEF, ETC. 639
to act as tlie guardian of said minor, Frank Talbert, upon
sucli person giving bond in the amount and in the form
usual in such cases; and the said guardian is hereby author-
ized and directed to urge and secure the collection of the
amount due on said forfeiture, and receive the same; and
he shall make settlement for the money received with the
probate court, as required of guardians under the general
laws of this state.
§ 3. . In case the said Frank Talbert shall die during his
minority, then the guardian appointed under this act shall
pay into tlie common school fund of McLean county the
sum remaining due of said money, after the payment for
the support and education of said minor.
Approved February 20, 1861.
AN ACT for the relief of Wm. Wheeler. In force February
22, 1861.
Whereas "Wm. "Wheeler was sheriff of Macon county for
the years a. d. 1858 and a. d. 1859 ; and whereas it ap-
pears that the said Wm. Wheeler was unable to make out
and file with the clerk of the county court of said county,
for the years eighteen hundred and fifty-eight and
eighteen and fifty-nine, at the June terms thereof, state-
ments, in writing, setting forth the names of all the per-
sons for those years respectively charged with taxes on
personal property, which he has been unable to collect, by
reason of the insolvency or removal of such person, or in
consequence of errors in the assessment, or in the list
furnished him as required by section fifteen of an act
regulating the collection of the revenue, approved Feb.
12, 1853:
Be it enacted hy the People of the State of Illinois^ repre-
sented in the General Assembly^ That the said William
Wheeler may, at any meeting of the board of supervisors. Tax list,
holden for the county of Macon, after the passage of this
act, make and file such list, as provided in said section ; and
the like proceedings may be had thereon as if the same had
been made and filed at the time specified in said section.
This act shall take effect and be in force from and after
its passage.
Approved February 22, 1861^
540 EOADS.
In force February AN ACT to extend a road therein described, in the countv of Adams.
22, 1661. '
Section 1. Be it enacted hy the Feojyle of the State of
Illinois, represented in the Gerieral Asse7nbly, That the road
riminiig north and south on the section line between sec-
Extension of road ^-^^^^ sixteen and seventeen and part of the way on the sec-
tion line between sections eight and nine, all in township
' No. one (1) south, in range No. eight (8) west of the fourth
principal meridian, in the town of Ellington, county of
Adams, and state of Illinois, be extended, northward, on
the section line between said sections eight and nine, to the
northern boundary of said sections eight and nine, where it
will intersect the public road known as the Quincy and
Rushville road.
§ 2. Be it further enacted, That the road described in
the foregoing section, together with the extension therein
provided for, be and the same is hereby declared to be a
state road.
Duty ef highway § ^- ^'^ ^'^ furthev euactsd, That it shall be the duty of
commissioners, the commissloucrs of highways in the town of Ellington,
and county and state aforesaid, on or before the lirst day of
July, A. D. 1861, to open or cause to be opened the portion
of said road extended by the first section of this act of the
same width as that portion of said road which is now used,
worked and traveled ; and the commissioners of highways
in the town of Ellington, aforesaid, and their successors in
office, are hereby required to work, make passable and keep
passable all of said roads, in the same manner as other roads
in said town of Ellington are worked and kept in repair.
§ 4. Be it further enacted, That this act shall take elfect
and be in force from and after its passage.
Approved February 22, 1861.
^'Ts'fst'l"'"^^ ^^ ^^'^ *" ^^^^^^ ^ st^^t^ '"O"^ ^^^^ Jcffersonville, in Wayne county, to
' ' Albion, in Edwards county.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That JST. P.
Branch and Samuel I. E. "Wilson, of Wayne county, and
John Curtis, of Edwards county, be and they are hereby
appointed commissioners to lay out and establish a state
road, from the town of Jcffersonville, in Wayne county, to
the town of Albion, in Edwards county, by the way of New
Massillon, in said Wayne county, on the most eligible route
between said points.
§ 2. Said commissioners shall meet at the said town of
Jcffersonville, on the first Monday in May next, or as soon
thereafter as may be practicable, and, after being duly
ROADS. 541
sworn faitlifnll}'' to perform their duties nnder this act, shall
proceed to locate said road, as directed in the first section
of this act. Said commissioners shall, as soon as said road
may be located, make a report and plat of said road, and
deliver a copy thereof to the clerk of the connty court of
each county through which said road may run ; which
copies shall be certified by said commissioners, and shall be
tiled and preserved by said clerks in their respective ofhces.
§ 3. . Said road, when so laid out, shall be and the same
is hereby declared to be a state road, and shall be opened
and kept in repair as other state roads. The county courts
of said counties shall make such compensation to said com-
missioners as they may think just ; which shall be paid by
said counties, in proportion to the number of miles of road
in each county.
§ 4. This act to take effect and be in force from and
after its passage.
Appeoved February 18, 1861.
AN ACT to relocate a part of a certain state road therein mentioned. In force February
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the Oeneral Assemhly, That David
Green, B. F. Koss and W. F. Lamer, of Union county, be
and they are hereby appointed commissioners to view,
mark and locate a part of the state road leading from Mur-
phy sboro, in Jackson county, to Jonesboro, Union county,
as follows : Leaving the old road, above mentioned, at the
farm of Henry Lingle, in said county, thence, through the
town of South Pass, to intersect the present road, at David
Green's.
§ 2. Upon such location being made said commissioners, commiasioner*'
or any two of them, shall make a report of the same to the
county court of Union county ; and said court shall cause
said road to be opened and kept in repair ; and said road is
hereby declared to be a state road. This act to be in force
from and after its passage.
Appjroved February "21, 1861.
AN ACT to locate and establish a state road from a point in the Vincennes in force Febi-uary
and Chicago road to a point in the road leading from Paris, in Edgar county, ^^' ^^^^'
to Springfield.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembty, That Jacob
Eogers, Archibald Myers and Jeremiah Myers, of Edgar Route of road.
542
KOADS.
Meeting of com-
missioners.
Suryeyora, &c.
Filing of plat.
Oompens&tlon.
county, be and they are hereby appointed commissioners to
view, mark and locate a state road, in the county of Edgar,
beginnino; at a point in the Yincennes and Chicago road, at
a cross-road, at or near the southeast corner of the south-
west quarter of the southwest quarter of section nineteen,
in township fifteen north, range eleven west, and running,
thence, west, to the range line dividing ranges eleven and
twelve west ; thence, west, on the sectioii lines, to the north-
west corner of section thirty, in township lifteen north,
range twelve west ; thence, south, on the range line, one-
fourth of a mile ; thence, in a southwestwardly direction, on
the most practicable route, through tlie Mulberry Grove, to
the northeast corner of section thirty-three, in township fif-
teen north, range thirteen west ; thence, west, on the section
lines, to the northwest corner of section thirty-two, same
township and range; thence, south, on the section line, to
the township line ; thence, east, on the township line, to
the northwest corner of section five, in township fourteen
north, range thirteen west ; thence, south, on section lines,
to the county road known as the Paris. Pilot Grove and
Upper Catfish road.
§ 2. Said commissioners, or a majority of them, shall
meet at the house of Jacob Rogers, in said Edgar county,
on the first Monday of May next, or within twenty days
thereafter, and, after being duly sworn by someoflicer duly
authorized to administer oaths, shall proceed to discharge
the duties required of them by this act.
§ 3. Said commissioners, in the discharge of their said
duty, shall procure the services of a competent surveyor,
chain carriers and other necessary assistants, and shall lay
out, view and locate said road, by cdurses and distances.
§ 4. Said commissioners shall, within a reasonable time
after they shall have laid out, viewed and located said road,
as by this act they are required to do, cause a correct plat
thereof to be made by said surveyor, and shall file such plat,
together with a copy of the field notes of such survey, in
the oflice of the county clerk of Edgar county ; and said
county clerk shall record said plat and field notes in the
book of record of proceedings of the county board of said
county.
§ 5. Upon the filing of such plat and field notes in the
office of said county clerk and the recording thereof, as by
this act required, said road shall and is hereby declared to
be a state road and public highway, sixty feet in width, and
shall be opened, worked and repaired as such.
§ 6. Said commissioners shall be entitled to and allowed,
as compensation, the sum of one dollar and fifty cents, each,
per day, for each and every day necessarily spent in the
discharge of the duties by this act required of them. Said
surveyor shall be allowed and entitled to, as compensation
for his services, the sum of three dollars per day ; and said
KOADS. 54t
chain carriers and all other necessary and proper assistants
shall be each entitled to and allowed the sum of one dollar
per day, for each day necessarily employed in the discharge
of the duties by this act required, to be paid out of the treas-
ury of said Edgar county.
§ 7. This act to take effect and be in force from and
after its passage.
Appeoved February 22, 1861.
AN ACT to locate and establish certain state roads therein named, through In to^ce February
the counties of Perry, Randolph and Jackson. '
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assemhhj, That Ephraim
Ruse, Jacob Short and Euse Osburn, are hereby appointed ^;^^°^**^'"^ °^
commissioners to view and mark out a state road, commenc-
ing at the southeast corner of Osburn's addition to the
town of Pinckney ville ; thence, south, on the land lines
through the lane between Thomas Sterlings and Mr. An-
derson's; thence, the nearest and best route, to the old
Nettleton farm; thence, to the Chester and Mulkytown
road ; thence, west, along said road, to the village of Den-
mark; thence, to Jacob Short's; thence, the most eligible
route, to Liberty, in Eandolph county — the viewers avoid-
ino", as much as possible, the iniury of private property.
a r. o • n • • J "' • •- x- J.1 „U„11 Meeting of com-
§ 2. Said commissioners, or a majority oi tnem, snail missioners.
meet to perform the duty required of them at Pinckney-
ville, at any time before the first day of December, 1861 ;
and before entering upon the duties assigned them by this
act shall take an oath, before some justice of the peace,
faithfully to discharge their duties required ol them by
this act.
§ 3. Said commissioners shall make out a plat of said ^'*'*
road, with the distance, from point to point ; which plat,
when so made out, shall be certified to by said commission-
ers, or a majority of them, and a copy thereof filed in the
office of the clerk of the county courts of Periy, Jackson
and Randolph counties ; and the county courts shall then
cause so much of said road as lies within their respective
counties to be opened, sixty feet wide, and kept in repair
as other state roads.
§ 4. Should any person or persons claim damages, by damages,
reason of said road passing over his, her or their premises,
the same shall be assessed and paid in the manner now pro-
vided by law.
§ 5. The said commissioners, or a majority of them, compensation,
shall make out and present to the county court of each
544 KOADS.
county in which said road may be located a certitied copy
of their time and number of hands, respectively employed
in each county; thereupon it shall be the duty of said court
to make compensation for the same severally due, in pro-
portion to the number of days in each county, allowiui^ to
each commissioner the sum of two dollars per day, and to
each hand employed the sum of one dollar and titty cents
per day, and to the surveyor the sum of two dollars and ,
lifty cents per day, for each day necessarily employed in
locating said road through their said counties.
§ 6. That the road tliat is now traveled from Murphy s-
boro, crosshig Beaucoup at the Highbouk Lick, from
thence to Vergennes, Creekpaum's bridge, H. S. Osburns,
and to Pinckneyviile ; thence, west, along the new road
viewed out by Eobert Fallon, J. M. Sullivan and E. B. Paish-
ing, to the St. Louis road; thence, west, along said road, to
the Grand Coat Prairie; thence, to Athens, in St. Clair
county. This above mentioned road is hereby declared to
be a state road ; and it shall be the duty of the counties of
Jackson, Perry and St. Clair to have said road opened,
sixty feet wide, and kept in repair as other state roads.
§ 7. And so much of the old St. Louis road as lies be-
tween Pinckneyviile and the junction of the new road, that
was laid out by Robert Fallon, J. M. SuUivan and E. B.
Pushing, is hereby disannulled and vacated.
§ 8. This act to take etiect and be in force from and
after its passage.
Approved February 18, 1861.
In force February ■ AN ACT lejializin"; a certain public road therein named.
22, 1861.
Whereas James Winters, of the town of Clarion, and
David Nichols and Wilham Morrison, of the town of
Westtield, in the county of Bureau, and state of Illinois,
did, on the lirst day of February, eighteen hundred and
sixty, apjieal to David Hall, John 11. Bryant and Enos
Smith, three supervisors of the towns of La Muille,
Princeton and Berlin, in said county, from an order and
determination of the commissioners of highways of said
towns of Clarion and AVesttield, in relation to the laying
out a public highway on the south side of the Chicago,
Burlingt(Ui and' (iuiiicy railroad, from the town or village
of Arlington to the east line of said Bureau county, and
running through both of said towns of Clarion raid West-
held; and whereas the parties taking the appeal made
the selection of the supervisors, instead of the town clerks
of said town ; therefore,
KussELL, Abraham: title, etc. 6^1:5
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That tlie acts
and proceedings of the said supervisors, in laying out and
establishing said road, is hereby legalized and made valid,
to all intents and purposes.
This act to bd in force from and after its passage.
Appkoved Februaiy 22, 1861.
AN ACT to confirm the title to real estate in Wabash, in Abraham Russell I" foi'ce February
and others. '^'^^ '''•^^•
Whereas Charles H. Constable, executor of the last will and
testament of Thomas S. Hinde, deceased, proprietor of the
town of Mount Cartnel, in pursuance of the provisions of
said will, sold and conveyed, by deed, dated May Tth,
1846, to one Abraham Russell, all that certain tract or
parcel of land, being a part of that tract known and desig-
nated on the plat of the town of Mount Carmel, county of
Wabash, and state of Illinois, as being the River Beserve of
the proprietors of the said town, of six pules from the low
water mark of the Wabash river, beginning at the lower
corner of McDonald's ware-house lot; thence, running
six poles, with the line of the commons attached to said
town, to a stake, on said line ; thence, with a line parallel
to said lower ware-house lot, to a point on the low water
mark of said river; thence, with the same and up said
river, to a point opposite to the place of beginning; thence
to the place of beginning; containing, in all, thirty-six
poles, as also all the ferry right which said testator, in his
life time, owned or which might now in any wise be
claimed by the heirs or devisees of said testator ; which
said deed was duly recorded in said AV abash county ; and
whereas, afterwards, on the 5tli day of April, 1857, the
record of said deed was destroyed by the burning of the
court house, in the said county ; therefore.
Section 1. Be it enacted by tlie People of the State of
Illinois, represented in the General Assembly, That all and
singular the rights, privileges and franchises granted to said confirmation of
Abraham Russell, his heirs and assigns, by said deed of "° ' *'
conveyance, are hereby confirmed in him, his heirs and
assigns forever.
§ 2. This act shall take effect and be in force from and
after its passage.
Approved j'ebruary 22, 1861.
48
5i6
SOTENTIFIO AND LITERARY SOCIETIES.
In force Fot^riwry
2->, ISOl.
AN ACT to incorporate the Adams County Medical Society.
Membership.
Property.
Section 1. Ijc it enacted hy the Feoj^le of the State of
Illinois^ Tppresented in the General AsaemUy^ That E. (x.
Castle, M. ]\I. Bane, Peter yoiino;, Adams JNichols, B, Dar-
raeli, Daniel Stahl, Joseph N. lialston, Louis AVatson, J.
T. Wilson, JM. Shepherd, and their associates and succes-
sors, be and are hereby created a body politic and corporate,
Corporate name uudcr the name and style of "The Adams County Medical
.and powers. gocicty ;" and, by that name, to have perpetual succession ;
and to sue and be sued, implead and be impleaded ; and to
have and use a corporate seal, to be by them adopted, with
full power to adopt all such rules and regulations, for the
election of officers for said corporation, and to adopt all by-
laws, rules and regulations, lor the government of said
society hereby incorporated, as shall be necessary and shall
not be inconsistent with the constitution of the United
States or with the constitution and laws of this state.
§ 2. The said corporation shall have power and are here-
by authorized, under such b^^-laws and regulations as they
shall presci'ibe, to admit all such persons to become mem-
bers of said incorporated society as they may see proper,
and to issue to such persons, when so admitted, licenses or
certificates of membership, under their corporate seal.
§ 3. Said corporation may lease real estate and hold
personal property, for the use of said corporation, and may
acrpiire and hold, in fee simple, real estate, for the use of said
corporation, not exceeding in value the sum of five thousand
dollars.
§ 4. This act to be a public act, and to take effect from
and after its passage.
Approved February 22, 1861.
In force Feliruarv
21, l&Gl.
Corporate nami:
ami pcjv»>.Trt.
AN ACT to incorporate tlie Illinoia Astronomical Society.
Section 1, JBe it enacted hj the Peojyle of the State of
Jllhiois, rejnesented. in the General Assembly, That Cyrus
Edwards, D. Bead, II. K Kendall, A[. G. Atwood, J. S. Blair,
1, Scarritt and E. Marsh, and their associates, successors
and assigns, be and they are hereby created and made a
body politic and corporate, by the name and style of "The
Illinois Astronomical Society," and, by tliat name, to liave
pei'petual succession, with power to sue and be sued, to
])lead and be impleaded, in all ])laces wherein judicial pro-
ceedings are or may l)e had; to make, have and use a com-
mon seal, and make (»r alter the same at ])leasure; also with
power to contract and be contracted with, to have, hold, use
Erection of ob-
servatory.
SCIENTIFIC AND LITEEAKY SOCIETIES. 547
and enjo}^ property, of every description, for the uses of tlie
corporation, and to sell and convey the same; and, also,
with power to adopt by-laws and rules and reojulations, for
the good government of the atf'airs of the corporation :
Provided^ that such by-laws, rules and regulations shall not
conflict with the constitution of the LTnited States or of this
state.
§ 2. The object and business of said corporation shall
be the erection of an " Observatory, " for the cultivation
of astronomical science, and to accomplish original observa-
tions in astronomy ; and, for that purpose, the corporation
may purchase and hold such lot or lots of land and place
thereon such buildings and improvements as may be found
necessary.
§ 3. The said observatory shall be located at Upper
Alton, in Madison county, Illinois, and continue there during
the existence of the corporation.
§ 4. The persons named in the first section hereof shall be directors,
the directors of said corporation, who, and their successors,
shall exercise the powers herein granted and perform the
duties which may, from time to time, be required; and
vacancies occurring in the board shall be filled by the
remaining members.
§ 5. The stock and property of said corporation shall be shares of stock.
divided into shares of such amounts and disposed of in such
manner as may be prescribed by the by-laws — the proceeds
of which to be applied to the purchase of a site, the erection
of buildings and the purchase of apparatus, to be used in the
observatory.
§ 6. The said directors shall not have power to contract Personal liability,
debts beyond the available means of payment, and, in case
they do so, they shall be jointly and severally liable to
creditors for the payment thereof, and no obligation or
liability shall rest upon the corporation for the same.
§ 7. The directors shall not have power to create any Liensand incum-
lien or incumbrance upon the lot on which the observatory '"''^'^*^®^-
is built or the buildings or their appurtenances or any instru-
ment or article therein; nor shall the said lot or building,
or the appurtenances thereof, be hable to be sold under any
decree, judgment or execution ; nor shall the same be taxed
for any purpose whatever.
§ 8. This act shall be in force from and after its passage.
Appkoved February 22, 1861.
Oib SCIENTIFIO AND LITERARY SOCIETIES.
In force Feiiniary AN^ACT to consolklatc certain societies and to incorporate the Belleville
^' '' ■ Sacngerbund and Liljrary Society.
Section 1. Be it enacted hj the People of the State of
Illinois^ represented in the General Assembly^ That the Ger-
man Library Society of St. Clair County, Illinois, heretofore
incorporated by an act of the c:eneral assembly, in force
February 22(1, 1839, and the Belleville Saengerbund, a volun-
tary association, heretofore existing in the city of Belleville,
St. Clair county, Illinois, be and the same are hereby con-
solidated and constituted a body politic and corporate, to be
Name of consoii- Ivuowu by the nauic of " Bellevillc Saengerbund and Library
dated comiiany. Socicty ;" aud, b}^ that name, shall have perpetual succes-
sion, &c., and a seal.
Corporate rights § 2. That Said corporatiou, by the name aforesaid, shall
be capable, in law, of suing and being sued, in all courts
whatsoever; and, also, shall be capable of purchasing, hold-
ing, receiving and conveying any estate, real or personal :
Provided^ that said real estate, so purchased, shall be such
only as shall be necessary to attain or promote the object
of this association.
-, . , S3. The objects of said corporation shall be to teach
Objects. 11. i" n 11'
and cultivate the art oi vocal and instrumental music, to
maintain and enlarge the library they now possess, and to
promote moral and mental culture generally.
§ 4. The members of both societies, hereby consolidated,
shall constitute the members of the new society, hereby
created, but new members may be admitted, at any time, in
such mode and manner as shall be provided in the by-laws
and regulations of said society.
By-laws. § 5. The membcrs may divide themselves into active or
working members and honorary members, and their respec-
tive rights and duties shall be prescril)ed in the by-laws:
Provided^ hoioet'ei\ that all members shall be equally entitled
while members of the corporation, to the use of the property
of said corporation, and have an equal vote in the acquiring,
managing and disposing of the same.
§ 6. That the members of said society, in their meetings,
shall have power to enact such by-laws, rules and regula-
tions as they, or a majority of them present, may think best
calculated to promote the general welfare of this institution,
not in conliiet with the laws of this state.
§ 7. Said by-laws, rules and regulations shall be entered
in a book, ke])t Ity the l)oard of dii-ectors for that purpose,
and which shall be evidence in all courts of the matters
therein contained.
§ 8. Said association shall ]n"cscribe, in their by-laws,
the duties of its oflicers, the lunnbei'S and mode of elections
of its officers aud directors, as also the initiation fee and the
regular contributions of the members of said society; and,
also, to i)rov]de for the assessment of fines ibr nonattendance,
SCIKNTIFIO AND LITERARY SOCIETIES. 549
and for damafrinp;, destroying-, losing or improperly detain-
ing; books beloTicring to the libraiy or any other property
belonging to said association ; said fines to be collected in
any courts having jurisdiction, in the name of the corpora-
tion, in an action of debt, assumpsit or any other proper
kind of action.
§ 9. That any member may be expelled from the society, Expulsions.
by a vote of a majority of all the membei's of the society,
but shall have the right of being heard in his defense.
§ 10. The members expelled under the foregoing section,
or who voluntarily withdraw, or do not pay their contribu-
tions within a time to be fixed by the by-laws and after
demand, shall forfeit all their right, claim and title in said
society and the property thereto belonging.
§ 11. That Gustavus Kellermann, William Oster, Antho- Diiectois.
ny Schott, Jacob Weingartner and John Scheel be appointed
directors and commissioners of said society, who, or a ma-
jority of whom, shall take all proper and necessary steps to
organize the said society, under the present charter, and to
carry the provisions of this act into effect.
This act shall be deemed a public act, and be in full force
from and after its passage.
Approved February 18, 1861.
AX ACT for the encouragement of the Chicago Historical Society. In force February
^ ° '22, ISOl.
AVheeeas it is a duty to past and coming generations, for
the honor of the state, and benefits of its citizens, to col-
lect, preserve and difiuse the materials of its early history,
the memorials of its founders and benefactors, and the
evidences of its progress in industry, arts and all the ele-
ments of an enlightened civilization ; and whereas the
Chicago Historical Society, acting under chartered pow-
ers from this state, has for several years past been actively
and successfully engaged in prosecuting these laudable
objects, and formed extensive collections of books, news-
papers, pamphlets and manuscripts, relating to our state
and national history, and now numbering over 30,000 vol-
umes, besides establishing relations of exchange with the
principal institutions of this and foreign countries — for the
encouragement of the said society.
Section 1. J^e it enacted hy the People of the State of
Illinois^ represented in the General Assemhly^ That the sec-
retar3^of state be authorized and is directed, upon the writ- "':"'" '" ''^ f'""-
, *' 1 ,. ,, • 1 . , -• ^1 Ai • TT. nislied by the
ten order of the president or secretary of tJie Chicago IIis- state,
torical Society, under the legal seal thereof, to deliver to the
said society fifty copies of all and each of the public docu-
550 SCIENTIFIC AND LITER ARV SOCIETIES.
ineiits (l)ound or unbound,) l)ookp, pam])lilot5, cliarts or otlier
])ul)licati(>ns by the state, as the same shall be hereafter
printed, from year to year, or from time to time, and also
such numbers of copies of documents which are now or
may have been printed, as may be contributed to said society,
without detriment to the public interests: J-*rovided, that
Use to be niiuie of the documcnts lierein granted shall be used by the said
books, &.C. society fur the sole purposes of preservation in its library,
or of exchange with other state and institutions, or with
individuals for publications of importance aiul value to the
peo])le of this state; but in no case to be sold for money:
Provided^ also^ that the said society sliall make affidavit,
through its president or secretary, to the governor of the
state, at or before each biennial session of the general assem-
bly, that a sum not less than five hundred dollars has been
raised and expended in and for the business and manage-
ment of said society in and during the two years preceding;
and at the same time, submit therewith a report of the
meetings and transactions of said society for the same period
for the information of the people of this state.
§ 2. This act shall be in force from and after its passage.
Approved February 22, 1861.
In fovcc February AX ACT to incorporate the Galena Library Association.
22, IbC.
Whereas an association is to be formed in the city of Galena,
called "The Galena Library Association," the object of
wliicli is the establishment of a libraiy and reading room,
and for other literary and scientilic purposes ; now, there-
fore, in order to encourage and j)i'omote the above declared
objects of the said association,
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assemhly^ That E. E.
"VVashburne, Henry Corwith, John E. Snn'th, *S. W. McMas-
ter, Horatio Kewhall, Charles S. Hempstead, Nathan Cor-
with, Lucius S. Felt, J. R. Jones, Federick Stall, Thomas
Foster, Benjamin H. Campbell and Charles L. Stephenson,
and their associates and successors forever, are hereby
declared and created a body corjxjrate, by the name and
Con-orMe name ^^Y^e ^'^ "Tlic Galcna Library Association;" and, by that
nn.ii.oHLra. namc, sluUl luivc pcrpctual succession; shall be capable, in
law, to contract and be contracted with, sue and be sued,
im])lead and be im])leaded with, in all courts of competent
jurisdiction; may receive, acquire and hold real and personal
property and effects, suitable to tlie carrying out of the
objects of the association; may have a common seal, and
alter the same at their pleasure ; may make such constitution,
SCIENTIFIC AND LITEKAEY SOCIETIES. 551
regulations and by-law as may be required for the govern-
ment of the association and the carrying out of its objects:
Provided^ always^ that said constitution, regulations and
by-laws shall not be contrary to the laws of the land.
§ 2. This act shall be a public act, and shall be in force
from and after its passage.
Appeoved February 22, 1861.
AN ACT to incorporate the Illinois Natural History Society. In force Ffbniai-y
Section 1. Be it enacted ly the People of the State of
Illinois^ represented in the General Assernhly, That Cyrus
Thomas of Jackson county, Benjamin D. Walsh of liock
Island, J. B. Turner of Morgan, J. "W. Powell of DuPage,
J. P. Reynolds of Sangamon, James Shaw of Carroll, Sam-
uel Adams of Morgan, Frederick Brendel of Peoria, Robert
Kennicott of Cook, Edmund Andrews of Cook, Oliver Ev-
erett of Lee, A. M. Gow of Lee, Richard H. Holder of
McLean, C. D. Wilber of McLean, and their associates and
successors forever, are hereby created a body corporate and
politic, under the name and style of "The Illinois Natural corporate name
History Society;" and by that name shall have perpetual sue- ^"' ''""'"^■
cession, and shall have power to contract and be contracted
with, sue and be sued, implead and be impleaded within
all courts of competent jurisdiction; to receive, acquire and
hold real and personal property and efi'ects, suitable to the
carrying out of the objects of said societ}'; to have a com-
mon seal, and alter the same at their pleasure; to make and
adopt such constitution, regulations and by-laws, as they
may deem requisite and proper for the government of said
society, not contrary to the constitution and laws of the Uni-
ted States or of this state, and to alter and amend the same
at pleasure; and to have and exercise all powers and privi-
leges usual and incident to the trustees of corporations.
§ 2. The object and purpose of said society shall be to sdentmc survey;
conduct and complete a scientific survey of the state of Illi-
nois, in all the departments of natural history, and to estab-
lish a museum of natural history at the State Normal Ifni-
versity, comprising every species of plants, insects, quadru-
peds, birds, fishes, shells, minerals andfossils,within our state
limits as far as can be obtained, comprising also such other
collections of natural history from various parts of the world,
as may be deemed necessary by said society.
§ 3. Said natural history society shall also provide for a wbrary.
library of scientihc works, reports of home and foreign sur-
veys, manuals, maps, charts, etc., etc., such as may be useful
in determining the fauna and flora of Illinois, and said library
552
SCIENTIFIC AND LITERARY SOCIETIES.
Specimens.
Quorum.
Rules ami regu-
laliuus.
shall be kept in the museum of said society at the State
Normal University.
§ The museum of said natural history society shall be for
the use of the members, citizens and schools of Illinois, and
shall be accessible to the students of the normal university,
under such regulations as may be adopted by the trustees of
this society and the board of instruction of said university.
§ 5. A full and complete set of specimens in every de-
partment of natural history, donated to the society, or ob-
tained by exchange, purchase or otherwise, shall forever be -
and remain in the museum of said society.
§ 6. At all stated and other meetings called by the presi-
dent and five trustees, five trustees shall constitute a quo-
rum : Provided^ all shall have been notified. The persons
named in the first section of this act, shall constitue the first
board of trustees, and said board shall be divided into three
classes of five members and shall hold their offices fa- one,
two and three years, respectively. All vacancies occurring
in the board of trustees shall be filled at the regular annual
meeting of the members of said society, by an election,
which shall be by ballot and shall require a majority of the
members ]U'esent.
§ 7. The constitution and by-laws of said society now in
operation, so far as they are not inconsistent with this act,
shall govern the corporation hereby created, until regularly
altered or repealed by the society, and the present officers of
said society shall be officers of the corporation hereby crea-
ted, until their respective terms of office shall regularly ex-
pire or be vacated.
§ 8. The property of said corporation, both real and per-
soiuil, shall forever be and remain free from taxation.
§ 9. This act is hereby declared a public act and shall be
in force on and after its passage.
Approved February 22, 1861.
'"'■'■'■ F.-i nviry ^^y _YCT to incorporate the Metropolis Library Association and Historical
"'' '""' Society,
By-laws.
Section 1. Be it enacted hj the PeojUe of the State of
JUinois^ represented in the General Assendth/^ That Richard
A. Peter, W. K. Baker, I. S. Armstrong, AV. E. Brown, W.
C. Munson, M. B. Harrell and W. J. Allen, and their suc-
cessors, are hereby constituted a body politic and corporate,
under the name of " The Metropolis Library Association and
Historical Society."
§ 2. Said corporation may establish a constitution and
by-laws for its government; and all its members shall be
SCIENTIFIC ANB LITERARY SOCIETIES. 553
bound thereby as fiill.y as if said constitution and by-laws
were part of this act.
§ 2. Said corporation may_take and hold real estate and ^"^^^ ^^*^*«-
personal property by gift, grant, devise, purchase or other-
wise, and shall have a common seal.
§ 3. That the secretary of state is hereby authorized phIjIic documents
and directed upon the written order of the president or sec- sea-etaiy of ''^
retary of said corporation under the legal seal thereof, to ^^'^^^'
deliver to said corporation or its agent, five copies of all and
each of the public documents (bound or unbound,) books,
pamphlets, charts, or other publication by the state, as the
eame'shall be hereafter be printed from year to year, or from
time to time, and also such numbers of copies of documents
which are now, or may have been printed, as may be
contributed to said society, without detriment to the ]3ublic
interests : Provided, that the documents herein granted shall
be used by the said corporation for the sole purj30ses of pre-
servation in its library, or of exchange with other states and
institutions, or with individuals, for publications of impor-
tance and value to the people of this state ; but said docu-
ments shall in no case be sold for money or donated.
§ 4. That the object of said corporation shall be to found object of the
and establish a library and disseminate knowledge, and to '^°'^^'°'
collect and preserve evidences of the early and current his-
tory of the southern portion of Illinois, as well as of its
progress in settlement and population, and its advancement
in civilization; and before the secretary of state shall fur-
nish the above named documents, there shall be filed in his
office an affidavit by the president or secretary of said cor-
poration setting forth that the object thereof is as declared
in this section.
§ 5. This act shall be in force from and after its passage.
Approved February 22, 1861.
AN ACT to incorporate the German Library Association of the Citv of Peoria. In force February
IS, 1861.
Section 1. Be it enacted hy the Peojple of the State of
Illinois, represented in the General Assembly, That Gote-
freid Galdbeck, Robert Strehlow, Henry Baur, Robert Ros-
kotten, Phillipp Bender, William Glauzer, Michael Ruppe-
lins, Gotefreid Schmitt, Peter Seel, and their associates and
successors, and all other persons who ma}'' hereafter asso-
ciate with them be declared and constituted a body corpo-
rate and politic by the name and style of "The German Li- corporate name
brary Association of the City of Peoria," and by that name, ^"'^p°^^''«-
they and their successors shall and may have succession,
shall be capable of suing and being sued, contract and be
—49
55i
SCIENTinO AND LITEKAKT SOCIETIES.
Constitution and
by-laws.
Election of offi-
contracted with, may have and use a common seal and the
same may alter or change at pleasure ; and they and their
successors, by their corporate name, shall in law, be capable
of taking, receiving, purchasing and liolding real and perso-
nal estate; may sell and convey the same; to make by-laws
for the management of its aftairs, not inconsistent with the
constitution and laws of this state or the United States ;_ to
elect or appoint the officers and agents of said association
for the management of its business.
§ 2. The constitution and by-laws now adopted by said
association shall continue in force until changed by said
association, and all personal property and effects of whatever
kind, now held by said association, or any person m trust
therefor, shall by virtue of this act vest in and become the
property of the corporation hereby created.
" 3. The association so incorporated, niay annually or
cerrand"mana- ofteucr clcct from its OAVU members such officers and mana-
^"'' gers as the association may deem proper, at such times and
places and in such manner and with such powers expressed
and duties imposed on said officers and managers as said
association by its by-laws may direct, and in case it shall
happen that an election of officers and managers shall not
be made on the day designated by the by-laws, it may and
shall be lawful on any other day to hold an election of such
officers and managers.
§ Jr. The association incorporated by this act shall be ca-
pable of taking, holding and receiving any property real or
personal, by virtue of any gifts, purchase, devise or bequest
contained in any last will and testament of any person what-
soever, or in any other manner.
§ 5. The constitution, by-laws and resolutions of said
association shall be in full force when recorded in the records
of said association, and on the production and proof of such
record shall be received as evidence of the facts herein stated
in all courts of justice and upon all lawful occasions.
§ 6. Said corporation may require bond and satisfactory
security of its treasurer, or other officers intrusted with mo-
neys, for the faithful performance of his or their duties of
such officer.
§ Y. The object of this association is hereby declared to
be to unite the Germans in a literary bond of brotherhood,
and mutual friendship in the pursuit of literature, science,
and for the improvement of social enjoyment.
§ 8. This act shall be deemed a public act and be in
force for the term of fifty years after its passage.
ArPKOVED February 18, 1861.
Property.
Records.
Official bonds.
Objects.
« BTATE SAVINGS INSTITUTION. 555
AN" ACT to incorporate "The State Savings Institution. ' In force February
21, 1S61.
Section 1. Be it enacted hy the Peojyle of the State of
Illinois^ represented in the Creneral Assembly^ That Francis
A. Hoifman, Theodore Hoffman, Otto Gelpcke, Alexander
Siller, and their associates and successors, and all such per-
sons as shall become lawful stockholders in the institution
hereby created, shall be a body politic and corporate, by
the name and style of "The State Savings Institution," and n^™« ^°<J »*yie.
shall have succession, a common seal, power to plead and be
impleaded, to appoint all necessary officers, servants and
assistants, and may have and enjoy, and exercise all the
power necessary to carry out the purposes of a savings in-
stitution at Chicago.
§ 2. A majority of the corporation herein named, may ^o^l^s /o* ***>■
proceed to open books for subscription to the stock of said
institution, and shall at the same time, or thereafter, desig-
nate a time and place for the first election of trustees of said
institution, by parties subscribing to the stock thereof; and
each share of stock so subscribed for shall be entitled to
one vote.
§ 3. The capital stock of said company shall be one Imn- ^"p''^ ^*''-
dred thousand dollars, with power to increase the same to
one million of dollars, to be subscribed and paid for in the
manner prescribed by the by-laws, to be framed by said in-
stitution ; and shall be divided into shares of one hundred
dollars each, which shall be deemed personal property and
shall be transferable on the books of said institution in
such manner as its by-laws may prescribe.
§ 4. The said institution shall have power to borrow corporate name
money and receive money on deposit and pay interest there- ^ po^er*
on, and to loan money, either within or without this state,
at any rate of interest not exceeding that now or hereafter
allowed by law to private individuals, and to discount in
accordance with the usage of banks, (and in computation of
time, thirty daj^s shall be a month and twelve months a
year,) and to make such loans payable either within or
without this state, and to take such securities therefor, real
or personal, or both, as the trustees or managers of said cor-
poration shall deem sufficient ; and may secure the payment
of such loans by deeds of trust, mortgages or other secmi-
ties, either within or without this state ; and may buy or
sell exchange, bills, notes, bonds or other securities ; may
have and hold coin and bullion ; may accept and execute
all such trusts, whether fiduciary or otherwise, as shall or
may be committed to it by any person or persons, or by the
order or direction of any court or tribunal ; may make such
special regulations in reference to trust funds or deposits left
for accumulation or safe keeping, as shall be agreed upon with
the depositors or parties interested for the purpose of accu-
556
TOWNS.
Purchase and
]io?sossion of
real estate.
Board of trustees.
By-laws.
Dividends.
Individual liabili-
ty.
Ululating or increasing tlie same ; may issue letters of credit
and other commercial ol)ligations.
§ 5. It may be lawful for tlie institution hereby incor-
porated, to purchase and hold such real estate as may be
convenient in the transaction of its business, and to take
and hold any real estate in trust or otherwise, as security
for or in payment of loans and debts, due or to become due
to said institution ; to purchase real estate at any sale made
in virtue or on account of any loan or mortgage, or trust,
made to or held by or for said company, or in which it is
interested ; and to receive, and take in satisfaction of any
loan or debt, any real or personal estate, and to hold, use,
improve and convey the same.
§ 6. The affairs of the institution shall be managed by
a board of trustees, at least three in number, after the first
election, as is herein provided. The trustees shall be elect-
ed by the stockholders, at such times and places, and in such
manner, as shall be established by the by-laws of said insti-
tution. The trustees of said institution shall be elected
annually ; but any failure or omission to elect trustees, shall
in no wise impair or affect the rights or interests of stock-
holders, depositors or others interested.
§ 7. The trustees shall have the right to form bj-laws
for the appointment of other ofiicers, agents and others, ne-
cessary for the service of the institution, and for regulating
their own proceedings and the operations of the institution :
Provided^ that they shall contain nothing inconsistent with
the constitution and laws of this state.
§ 8. The trustees shall have the right to declare divi-
dends out of the earnings of said institution.
§ 9. Each stockholder of this corporation hereby created,
shall, as to the trust funds and sa"\ang funds deposited there-
with, be individually liable to the amount of his share or
shares of the capital stock, for all losses or deficiencies that
may occur while he was such stockholder ; which individ-
ual liability shall continue for six months after transfer of
his said stock.
This act shall be a jjublic act, and take effect from and
after its passage.
ArPKOVED February 21, 1861.
In force February
18, ISGl.
AN ACT to vacate the town plat of America, in Pulaski county.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General AssemhJij, That the town
plat of America, in the county of Pulaski, be and the same
is hereby vacated ; and hereafter the real estate in said
^ TOWNS. 557
town be assessed by its legal subdivisions, as other real
estate in said county : Provided^ the vacating of the
survey and plat of said town shall not interfere with the
vested rights of any person whatsoever, holding property
therein.
Apfboved February 13, 1861.
AN ACT to incorporate the town of Ashley, in Washington county. In force February
22, 1S61.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the Creneral Assembly, That the
inhabitants of the town of Ashley, in the county of "Wash-
ington, are hereby declared a body corporate and politic,
with all the rights, privileges and powers conferred upon
the town of Du Quoin, Perry county, by an act entitled
"An act to incorporate the town of Du Quoin," and passed
at the present session of the general assembly.
Approved February 22, 1861.
AN ACT to vacate a certain street, alley and lots therein named, in the town I" force February
of Binghampton, Lee county. '
Section 1. Pe it enacted hy the People of the State of
Plinois, represented in the General Assemhly, That all of
Franklin street, running east of State street ; all of Fisher's
alley, running east of State street ; also, lots eleven, twelve,
thirteen and fourteen, situated between Franklin street and
Fisher's alley, in the town of Binghampton, in the county
of Lee, be and the same are hereby vacated.
§ 2. This act shall take effect and be in force from and
after its passage.
Approved February 18, 1861.
AN ACT to incorporate the town of (Cambridge, in the County of Henry and in force February
State of Illinois. 21, 1S61.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the
inhabitants and residents of the town of Cambridge, in the
county of Henry and State of Illinois, be and they are here-
558 TOWNS. #
bv made and constituted a body corporate and pobtic, in law
Name. and cquitj, known l)y the name and style of " The l;>oard
of Trustees of the town of Cambridge ;" and by that name
shall have perpetual succession, and shall have a common
seal, which the}"^ may alter at pleasure, and in whom the gov-
ernment of the corporation shall vest and by whom its af-
fairs shall be managed.
Boundaries. § 2. The boundaries of said corporation shall include the
whole of section seven, (7,) township fifteen (15) north, range
three (3) east of the fourth principal meridian, Henry comi-
ty, Illinois.
§ 3. The inhabitants of said town, 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.
Real estate to be § 4. Tlic trustccs of Said towu, in their corporate name,
purposes'! ''"'''"' shall liavc power to purchase, receive and hold, by gift or
grant, real and personal property, for the use and benefit of
said town, for burial, school, librarj'', road or town-building
purposes, within or beyond the corporate limits of said
town, and to improve and protect said ^^roperty ; also to pro-
vide by ordinance for the sale, leasing or otherwise, disposing
of any such property, which shall not be done until the con-
sent of a majority of the legal voters of said town shall first
be obtained; the trustees, for this purpose, shall call a meet-
ing of said voters, by giving ten days' notice, by posting
written or printed notices in three of the most public places
in said town, or by publication in some newspaper in said
town.
'f^s'ees. § 5. The corporate powers and duties of said town shall
vest in five trustees, to be styled " The Trustees of the Town
of Cambridge ;" wdio shall hold their ofiices for one year and
until their successors are elected and qualified.
Annual elections. § 6. The trustccs aforcsaid shall be elected, annually,
on the last Saturday of March ; and at all elections held un-
der this, (annual and special,) the polls shall be opened at
one o'clock, p. m., and kept open until six o'clock p. m. At
the first election held under the provisions of this act, and ev-
ery four years thereafter, there shall be elected one police ma-
gistrate and one town constable of said town, who shall hold
their offices for four years and until their successors are
duly elected and qualified. There shall, at the annual
election, l)e elected, one street commissioner, who shall hold
his oftice for one year, and until his successor is elected and
duly (puilified. It shall be the duty of the clerk of the board
to give notice of all elections held under this act, by news-
pai)ei- publication, or by posting written or printed notices
in at least three of the most public places within said town,
at least twenty days prior to said election.
Qualification of § 7. All wliitc male inhabitants of said town, above tile
age of twenty-one years, who shall have resided therein six
^ TOWNS. 559
months next preceding an annual or special election held
under the provisions of this act, shall be entitled to vote at
all elections held in pursuance to this act: Provided^ such
person offering to vote shall be a legal voter under the laws
of the state of Illinois.
§ 8. The trustees elected under the provisions of this act official oaths.
shall each of them, before entering upon the duties of their
office, take an oath to well and truly peform all and singular
the duties enjoined upon them by law. The 23olice magis-
trate and town constable, before entering upon their official
duties, shall each of them qualify in the same manner as
justices of the peace and constables are required to do un-
der the township organization laws of the state of Illinois.
The street commissioner shall also take an oath of office
and give bond to the trustees, in such sum as they may di-
rect.
§ 9. The board of trustees shall appoint one of their officers of board.
number as president. Said board shall appoint a clerk and
treasurer, who shall give bond, when required so to do by
the board.
§ 10. No person shall be eligible to the office of trustee,
police magistrate or town constable of said town who has
not arrived at the age of twenty-one years, a resident of and
a legal voter in said town.
§ 11. The president and trustees shall have power to fill "^'acancies.
all vacancies in the board of trustees, where such vacancy
occurs within three months next preceding an annual elec-
tion for trustees, but in all other cases such vacancy shall
be filled by an election, the same as at an annual election.
§ 12, All oaths required to be administered to any of o^^s.
the officers herein named, excepting police magistrate and
town constable, may be administered by the president of the
board or by any other person authorized by law to admin-
ister oaths.
§ 13. The powers and duties of the police magistrate Police magistrate
and town constable elected under the provisions of this act
shall be the same as specified in an act entitled "An act for
the better government of towns and cities, and to amend the
charters thereof," approved February 27th, 1854 ; and all
the provisions of said act shall be held to apply to and form
a part of this act.
§ 14. All fines collected under the provisions of this act
shall be paid into the town treasury and disbursed in the
same manner as other funds.
§ 15. It shall be the duty of the town constable, or of serving of pro-
any other constable, sherifi" or coroner of said county, to
serve all processes coming into their hands at the suit of the
corporation, execute writs, collect fines, and, in general, to
serve all papers issued against any person or persons for a
violation of any of the laws or ordinances of said town : And
provided^ that the trustees may allow such officer or officers
Treasurers' duty.
Corporation tax.
Ordinances.
560 TOWNS.
sucli reasonable coiupensation for Lis or their services, not
otherwise pro\'ided for by hiw.
Clerks' record. § 16, The clcrk of tlie board of trustees shall keep a re-
cord or journal, in which shall be recorded all the proceed-
ings of the board proper to be written.
17. The treasurer shall keep a just and true acc(junt of
all moneys received and paid out by him and shall report to
the board when required so to do.
§ IS. The board of trustees shall have power to levy and
cause to be collected, annually, a corporation tax, nut ex-
ceeding fifty cents on each one hundred dollars of valuation of
real and personal property in the corporation, taking for
that purpose the assessment made by the town (or township)
assessor for general purposes : And, 2J}"ovided, however, that
if a tax of more than fifty cents is needed for general cor-
poration purposes the same may be raised by a vote of the
inhabitants of the corporation, a majority of the legal votes
therein voting in favor of such tax : And, further, 2}/'ovidedy
that the same shall not exceed one dollar on each one hun-
dred dollars valuation of real and personal property in said
corporation. The time and place of such meeting to be fixed
by ordinance of the board of trustees, stating therein the
amount j)er cent, required to be levied.
§ 19. The board of trustees shall have power to make
and establish all such oi-dinances, rules and regulations as
may be deemed necessary and expedient for the better go-
vernment and regulation of said town : Provided, the same
shall not be repugnant to nor inconsistant with the laws of
the state of Illinois,
Improving streets § ^0. Tlic board of trustecs shall have power to pass or-
dinances to regulate, grade, pave, plank and improve the
streets, public squares and alleys in said town, and to assess,
annually, a street labor tax, of not more than three nor less
than two days, against each able bodied male inhabitant of
said town, over the age of twenty-one and under fifty years,
to be expended in such manner as they may direct.
§ 21. The trustees aforesaid shall have power to restrain,
suppress and prohibit ti23pling houses, dram shops, gaming
houses, Ijawdy and other houses of ill-fame, and to [ircserve
good order and harmony in said town ; to punish for open
indecency, the indecent exhibition of stock, breaches of the
peace, gambling, horse racing, riotous meetings or assem-
blages, or for disturbing persons assembled for religious wor-
ship, or other public meetings in said town, for which pur-
pose the trustees shall make such rules and ordinances, as,
from time to time, they may deem expedient.
§ 22. The board of trustees of said town shall have pow-
er to provide by ordinance for the purpose of constructing
and keeping in repair the sidewalks in said town, and to tax
the lot or block, or part of lot or block, fronting the street
or alley upon which the sidewalk is to be built, one-half the
Tippling houses.
Sidewalks.
TOWNS. 561
expense of bidkling the same ; and to appropriate, out of
the general corporation fund and poll tax commutations and
in labor, a sufficient amount to complete the other half of
any and all sidewalks built in according with this act.
I 23. To regulate, license, suppress or prohibit all show- Licenses,
men and shoAvs of every kind or nature, concerts or other
musical entertainments by itinerant persons or companies, ex-
hibitions of natural or artificial curiosities, caravans, circusses
and theatrical performances. Each and every person, ]3roprie-
tor or agent of any such show, before exhibiting within the
corporate limits of said town, shall, in all cases, procure from
the clerk or president of said board of trustees a license, and
shall, also, further comply with the rules and ordinances of
said board, so far as the same may apply to said show or
exhibition.
§ 24. The annual meeting of the board of trustees shall Annual meeting
be on the second Tuesday after the election of trustees of
each and every year ; but the board may have such special
or adjourned meetings as a majority of the board may think
best,
§ 25. The style of the ordinances of the board of trus-
tees shall be, " Be it ordained hy the President and Trustees
of the To'ion of Cambridge. ''"'
§ 26. All ordinances passed by the board, before taking Publication
effect, shall be published in some newspaper of said town, "'■^'^'^'=^^-
or copies thereof posted in at least three of the most public
places within the corporation, at least ten days.
§ 27. The inhabitants of said towai are exempt from Road labor.
road or street labor beyond the corporation limits of said
town. ,
§ 28. Sections one to thirteen, inclusive, of article twenty-
third, of the township organization law^s of this state, shall
and are hereby made applicable to said corporation, hereby
giving the trustees of said town full power to pass ordinan-
ces for the carrying out of said sections, so far as they can
be made applicable, and to pass such ordinances as the ne-
cessities of the case require.
§ 29. A majority of the board of trustees shall constitute Quorum.
a quorum, but a smaller number may adjourn from time to
time.
§ 30. The board of trustees shall constitute a board of
election in all elections held under the provisions of this act.
§ 31. The town constable shall be, ex officio, collector of constawe.
corporation taxes, and shall give bond, as such, in such sum
as the trustees may require.
§ 32. The board of trustees shall determine, by ordi- ^^^s-
nance, the time when the corporation taxes become due and
when they shall be paid.
§ 33. The town constable, as ex officio collector, shall levy Levy and sale,
on and sell personal property for corporation taxes the same
662
TOWNS.
TazUsb.
Delinquent taxes.
Colleotore' fees.
Nuisances.
Notice of election,
Power of board.
assessed value thereof, also the
as town collectors are authorized to do under the township
organization laws of this state.
§ 34. The clerk of the board shall make out and deliver
to the collector of the corporation taxes, at the time pre-,
scribed by the board, a complete list of real and ])ersonal
property taxes levied for collection, which hst shall describe
the real estate, giving the
valuation of the personal property so taxed.
§ 35. The collector of the corporation taxes shall, annu-
ally, make out and file with the count}^ clerk a list of all de-
linquent corjjoration taxes by him uncollected and remain^
ing due upon real estate ; which list shall contain a discrip-
tion of the real estate upon which the taxes remain due, to-
gether with the assessed valuation thereof, and the name of
the person or persons to whom the same is assessed. The
correctness of said delinquency shall be verified by the oath
of such collector and filed with the county clerk on or before
the fifteenth day of October, in each 3'ear. The county
clerk, upon the receipt of such list, shall add the same, as
back taxes, to the tax books of the current year, and the
same, when so added, shall be collected in the same manner
and at the same time that the state and county taxes are col-
lected ; and, when thus collected, shall be, by the person or
persons collecting the same, paid to the town treasurer, re-
serving commission of ten per cent, for collecting the same.
§ 36. The board shall allow the town collector such fees
as they think proper for collecting and retm'ning delinquent
list.
§ 37. The board of trustees shall have power to declare
what shall be deemed nuisances -and to direct the summary
abatement and punish the authors thereof.
§ 38. The trustees, acting under the general incorpora-
tion act, shall give notice of the first election of trustees un-
der this act ; and said trustees shall be the judges and clerks
of said election.
§ 39. This act, or any part thereof, together with any of
the rules and ordinances passed under the provisions of this
act, when properly authenticated, under the seal of the cor-
poration, may be read in evidence in any of the courts of
this state, MHithout further proof.
§ 40. The said board of trustees shall have full and am-
ple power to grant licenses, within their corporate limits, to
groceries, saloons, drug stores and hotels, to sell, vend and
retail spirituous, vinous and malt liquors, and to fix and pro-
vide, by ordinance, for all restrictions, governing and regi>
lating the sale, vending and retailing thereof, as are not in-
consistent with the laws of this state.
Ai'PiiovED February 21, 1801.
TOWNS. 563
AN ACT to incorporate the town of Carrollton. In force February
^ 21, 1861.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the Ge.eral Assembly, That the
inhabitants and residents of the town of Carrollton, in the
county of Greene, are hereby constituted and declared a
body corporate and politic, by the name and style of "The Name and Btyie.
President and Trustees of the Town of Carrollton," and by
that name shall have perpetual succession ; and may have
and use a common seal ; have power to sue and be sued,
plead and be impleaded, in all courts and places where jus-
tice is administered, in all actions whatsoever; to purchase,
receive and hold property, both real and personal, in said
town ; to purchase, receive and hold property, both real and
personal, beyond the limits of said town, for burial grounds
and other public purposes; to sell, lease and convej^ pro-
perty, real and jDcrsonal, for the use of said town ; to pro-
tect and improve any such property as the public good may
require.
§ 2. The boundaries of said town. shall be as follows, to Boundaries,
wit: Commencing at the northwest corner of the southwest
quarter of section number fifteen (15,) m township num-
bered ten (10) north, of range twelve (12) west of the 3rd
principal meridian ; thence, running east two (2) miles, to
the northeast corner of the southeast quarter of section
fourteen, (li,) in same township and range ; thence, south,
along the section line, two miles, to the southeast corner of
the northeast quarter of section twenty-six, (26,) in same
township and range ; thence, west, two miles, to the south-
west corner of the northwest quarter of section twenty-
seven, (27 ;) thence, north, two miles, to the place of begin-
ning.
§ 3. The government of said town shall be vested in a president and
president and four trustees ; the said trustees to be elected t^^tees.
annually by the qualified voters of said town ; and no per-
son shall be a trustee unless, at the time of his election, he
shall have resided in said town for the space of six months,
shall be twenty-one years of age, and a citizen of the United
States ; and upon his removal from said town he shall vacate
his office.
§ 4. The board of trustees shall determine the qualifi-
cation of its own members, and all cases of returns and
elections of their own body. A majority shall constitute a
quorum ; but a smaller number may adjourn from day to
day, and compel the attendance of absent members, under
such penalties as may be prescribed by ordinance; shall
have power to determine the rules of their own proceedings,
punish a member for disorderly conduct, and, with the con-
currence of two-thirds, expel a member.
§ 5. The president and each of the trustees shall, before
entering upon the duties of his ofllce, take an oath to per-
564
TOWNS.
Justice of the
peace and con-
stable.
Annual election.
Qualification
voters.
form the duties of his office to the best of his knowledge
and abilities ; and there shall be at least one regular meet)-
ing ot said trustees in each month, at such times and places
as may be prescribed by ordinance.
§ 6. The boundaries of said town, as herein defined,
shall constitute a district for the election of one justice of
the peace and one town constable, who shall be elected by
the qualified voters of said town, at the same time and
place at which the trustees are elected ; and the said justice
of the peace shall give bond and qualify as other justices of
of the peace are required by law to do ; and he shall be, ex
officio^ president of the board of trustees ; and shall have
the right to give the casting vote in case of a tie, and possess
the same qualifications as are required of a trustee by the
third section of this act ; and if he shall remove from said
town his ofHce shall be vacated.
§ 7. If two or more persons shall receive an equal nnrcir
ber of votes for the office of justice or constable, the board
of trustees shall proceed to determine the same by lot ; and
all contested elections shall be determined as prescribed by
ordinance.
§ 8. On the first Monday in the month of July, a.d,
1861, and on the first Monday in July in each year there-
after, an election shall be held in said town for one town
constable and four trustees as aforesaid, who shall hold
their offices for one year, and until their successors are
elected and qualified; w^hich election shall commence at
ten o'clock in the forenoon and close at four o'clock in
the afternoon of said day. The present trustees shall ap-
point the judges and clerks at said election, who shall
receive and canvass the votes, declare the result, furnish
to each of the persons elected a certificate of his election,
certify the votes for the justice of the peace hereinafter
mentioned, when necessary, and constable, to the clerk
of the county court, and lay the poll books of such elec-
tion before the board, at its first meeting. All subse-
quent elections shall be held and conducted as may be pre-
sci'ibed by ordinance ; and at said first Monday in July,
1861, shall also be elected one justice of the peace, who
shall be, ex officio, president of the board of trustees, who
shall hold his office for the term of four years. And at th.e
election of trustees, every fourth year thereafter, his succes-
sor shall be elected.
I § 9. All free white inhabitants of said town, wlio are
qualified to vote for state officers, and who have resided
in said town one month next before any such election, shall
be qualified to vote for town officers.
§ 10. The president and trustees shall have power to
levy, asses and collect a tax upon all property, real, per-
sonal and mixed, in said town, which is now or may
hereafter be subject to state and county taxation, not
TOWNS. 565
exceeding one-half of one per centum npon the asses-
sed vakie thereof; and may assess and enforce the col-
lection of the same, by any ordinance not repugnant to
the constitution of the United States, or of this state ; or
the said trustees may, if they think proper so to do, by ordi-
nance, adopt the annual assessment made of the property
in said town by the county assessor, and cause the same
to be collected by the county collector; Provided^ lands
used and cultivated for agricultural purposes, of the amount
of five acres or more in any one piece or lot, Avithin the
corporate limits, shall not be subject to a corporate tax.
§ 11. If the president and trustees of said town shall Rate of taxation,
determine to adopt the assessment made by the authority of
the state and county, they shall g-ive to the clerk of the
county court of Greene county, or other officer whose duty
it is by law to extend the tax by existing laws, notice of
their intention so to do ; which notice shall be a copy of
their record of said assessment and also the rate of taxa-
tion ; and upon the receipt of such notice the said tax shall
be extended and collected, and its collection enforced in the
same manner as other revenue ; the clerk and collector shall
be allowed the same compensation for services under this
act as are allowed them for similar services under the reve-
nue laws of the state: Provided^ that nothing contained in
this act shall be so construed as to prevent the said corpora-
tion from providing for the assessment and collection of such
t^xes by ordinance.
§ 12. The said board shall have power to appoint siidi Appointed oa-
cffficers as may be judged necessary for carrying into effect
the powers conferred ujjon said corporation by this act, and
to require them to give such bonds, with such security, and
take such oaths as may be judged necessary to insure a
faithful performance of their respective duties; and shall
have power to appropriate money, and provide for payment
of the debts and expenses of the town.
To make regulations to secure the general health of the
inhabitants of the town.
To declare what shall be deemed a nuisance, and to pre- Nuisance.
vent and remove the same.
To extend, establish, grade, or otherwise improve and
keep in repair streets, alleys and lanes in said town, and
erect, maintain and keep in repair bridges.
To provide for the erection of all needful buildings for P'lWic buildings,
the use of the town, and to provide for the inclosing, laying
off, improving and regulating all public grounds, squares
and burial grounds belonging to the town.
To license, tax and regulate auctioneers, merchants,
retailers, grocers, taverns, eating houses, peddlers, brokers
and drinking houses or saloons.
To license, tax and regulate theatrical and other exhibi-
tions, shows and amusements.
566
TOWNS.
Ceusos.
Knee and penal
ties.
Ordlaancee.
To restrain, prohibit and suppress tippling houses, dram
shops, gaming houses, bawdy houses and other disorderly
houses.
To provide for the prevention and extinguishment of
fires, and to organize and establish tire companies.
To regulate partition fences; and provide for the inspec-
tion and weighing of hay and stone coal, and for the
measurement of wood and fuel to be used in said town.
To provide for taking the enumeration of the inhaljitants
of said town.
To regulate the election of town officers, define their du-
ties, and provide for the removal of any person holding an
office under the ordinances.
To fix the fees and compensation of all town ofticers,
jurors, witnesses and others, for services rendered under
this act, or under any ordinance.
To impose fines, penalties and forfeitures for the breach
of any ordinance, and to provide for the recovery and ap-
propriation of such fines and forfeitures, and the enforce-
ment of such penalties.
To prevent the incumbering of the streets, squares, lanes
and alleys of said town ; to protect shade trees ; to compel
persons to fasten horses, mules and other animals attached
to vehicles, while standing upon any square, street, lane,
alle}'' or uninclosed lot, for the violation of any ordinance in
relation thereto.
To prevent the running at large of dogs, and to provide
for the destruction of the same when running at large con-
trary to ordinance.
To prevent the firing of squibs, rockets, guns or other
combustibles or firearms within the limits of said town.
§ 13. The president and board of trustees shall have
power to make all ordinances which shall be necessary and
proper for carrying into execution the powers specified
in this act, so that such ordinances shall not be repug-
nant to the constitution of this state and of the United
States. The style of the ordinances of the town shall be,
"^(3 it ordained hy the President and Tmdees of the Toivn
of CarroUtoni " and all ordinances shall, within one month
after they are passed, be published in a newspaper printed
in said town, or, if no newspaper is printed in said town,
by posting copies of the same in four public places in said
town ; and the certificate of the publisher of such newspar
per, or of the clerk of the board, under the seal of the cor-
poration, shallbej'^m/ja/rtciis evidence of such publication;
and no ordinance shall take effect until the same shall have
been ])ublished as aforesaid.
§ 14. All ordinances may be proved by the seal of the
town, and, when printed or published in book or pam])hlet
form, and purporting to be printed or published by authori-
TOWNS. 567
ty of the corporation, tlie same shall be received as evidence
in all courts and places, without further proof.
§ 15. The president of the board shall preside at all ^^^^^ °^ pi^esi-
meetings of the board, when present, and in case of his ab-
sence at any meeting, the board may elect a temporary
chairman. lie shall at all times be vigilant in enforcing the
laws and oi-dinances for the government of the town. He
shall inspect the conduct of all subordinates, and cause negli-
gent and willful violation of duty to be panished. He shall
have the power and authority to call on all male inhabitants
ot said town, over the age of eighteen years, to aid in enforc-
ing the laws and ordinances, and in case of a riot to call out
the militia to aid in suppressing the same, or in carrying
into elfect any law or ordinance ; and an 3^ person or persons
who shall fail to obey such call, shall forfeit and pay to said
corporation the sum of five dollars each.
§ 16. The said president shall be commissioned by the president com-
governor as and he shall have and exercise the same power ^ovemo'r'! ^^
and jurisdiction conferred upon other justices of the peace
by the laws of this state, and shall have exclusive jurisdic-
tion in all cases arising under the ordinances of the corpora-
tion, and shall receive the same fees and compensation al-
lowed for similar services, under the laws of this state, to
other justices of the peace, and for any willful and corrupt
oppression, malconduct or partiality or palpable omission of
duty in his said ofiice, may be indicted in the circuit court
of Greene county, and upon conviction shall be fined in a
sum not exceeding one hundred dollars, and the court shall
have power, upon the recommendation of the jury, to make
his removal from office a part of the judgment.
§ 17. The ]3resident and trustees shall have power, by special tax.
ordinance, to levy, assess and collect a special tax, on the
holders and owners of lots upon any street, square, lane or
alley, or upon any part of any street, square, lane or alley,
according to their respective fronts owned by them, for the
purpose of grading, planking or paving such square, street,
lane or alley, to be collected as other taxes are collected by
the provisions of the tenth and eleventh sections of this act,
or as may be provided by ordinance.
§ 18. The ]3resident and trustees, for the purpose of
keeping the streets, alleys, lanes, avenues and highways in
repair, shall have power to require every male inhabitant of
said town, over the age of twenty-one years, to labor on said
streets, lanes, alleys, avenues and highways three days in
each year, and every person failing or refusing to perform
such road labor, after being notified as may be provided by
ordinance, shall forfeit and pay one dollar per day for each
day so neglected and refused.
§ 19. The president and board of trustees shall have
power to provide f^r the punishment of the offenders against vioiatio
nance.
568 TOWNS. ^
any ordinance by confinement in the connt}' jail, in all cases
where such oltenders shall fail or refuse to pay tlie fines and
forfeitures which nia}' be recovered against them.
Road tax. § 20. The inhabitants of said town shall be exempt from
the performance of road labor and the payment of road tax
levied by the authority of the county court, and the entire
jurisdiction and control of the roads, highways and bridges
in said town shall be held and exercised by the president
and trustees, as aforesaid.
§ 21. All writs for the recovery of penalties for the
breach of any ordinance of said town shall be in the form
of an action of debt, before the president of the board, or in
case of his absence or inability to act, before some other
justice of the peace of said town. And changes of venue
and appeals shall be allowed in all cases commenced before
the said president of the board of trustees, as in other cases,
before other justices of the peace : Provided^ the said cor^
poration shall be allowed to appeal in any case in which
they are parties, by causing their secretary to execute a
bond, in the name of said corj)oration, in the form now pre-
scribed by law in other cases, without other security ; and
an order entered upon the record of said corporation, directs
ing said appeal, shall be sufficient evidence ot the authority
of the said secretary to sign said bond.
Town constrbie's § 22. The towu coustablc clccted under the pro^-isions
powers and du- of tliis act sliall liavc powcr and authority to execute all pro-
cess issued for the Ijreach of any ordinnnce of said town, and
for that purpose his power and authority shall extend over
the county of Greene, and he shall have the same power,
jurisdiction and authority as other constables elected and
qualified under and by virtue of any laws of the state of
Illinois, and shall give bond, as by law is required of other
constables; and, in addition thereto, shall give such other
and further bond as the said corporation shall, by ordinance,
require and prescribe.
Suits. ^ 23. All suits for fines and penalties, in and for the
violation of any ordinance, shall be in the name of the "Pre-
sident and Trustees of the town of Carrollton ;" and the
said corporation shall have power to regulate, by ordinance,
the form and nature of the first — and of any subsequent
process and the mode of executiiig the same.
Corporate powers § 24. Tlic Said ju'csidcnt and trustees shall have power
to exercise all the powers granted to corporations organizing
under and by virtue of the first division of chapter twenty-
five of the lievised Statutes of the state of Illinois for the
year 1845 and all amendments thereto, in additi(^n to the
powers herein granted, and may impose fines for the breach
of their ordinances for any sum not exceeding the sum of
one hundred dollars.
Ordinances in ^ 25. All ordinanccs, heretofore passed and in force in
^"''"' said town, not inconsistent with the provisions of this act,
TOWNS. 5G9
shall be and remain in full force and elfect in said town
until the same shall be altered or repealed by the board of
trustees heieiiilefore mentioned.
§ 20. The board of trustees shall have power, in case of vacnncies.
the death, resigiuition or removal from oltice of the presi-
dent, to immediately order a new election to till the uniin-
ished term of said president, in snch manner as they by
ord 1 nan ce pro v i » 1 e.
§ 27.. This act is declared to be a public act, and to take
effect from and after its passage.
Approved February 21, 18(J1.
AX ACT to change the name of the Town of Camden, in Logan county and In force February
to incorporate tlie same. 21, 1861.
Section 1. £e it enacted hy the People of the State of
Illinou^ rejjresented in the (xeneral Assembly, That the
name ot the town of "Camden" be and the same is hereby
changed to "Postville," and that L. D. Korton, John Kus-
sell, William Dornon, L. L. Andrews and John Hill, of the
town of Postville, county of Logan, and state of Illinois,
are hereby constituted a body corporate and politic, by the
name and style of " The Town Council of the Town of change of name
Postville ;" and by that name shall have perpetual succes-
sion, and may have and use a common seal, which they
may alter or change at pleasure.
§ 2. The aforesaid corporation, and their successors in corpsrate powtrs
office, by the name and style aforesaid, shall have power
to sue and be sued, to plead and be iuipleaded, defend and
be defended, in all courts of law and equity, and in all ac-
tions whatsoever; and to purchase, receive and hold pro-
perty, both real and personal, within or without the limits
uf said towm, for the use of said town ; to sell, lease, convey
or dispose of all such property, for town purposes, and to
improve and protect the same, and to do all other things
in relation thereto that an actual owner could or might do.
BOUNDARIES.
§ 3. The boundaries of this town shall be as follows, to-
wit: Commencing forty rods east of the northeast corner
of Knapp, Tinsley and Bird's addition to the town of Post-
ville ; thence, west, one mile; thence, south, one mile;
tiience, east, one mile; thence, north, ahmg the boundary ot'
the Lincoln corporation, one mile, to the place of beginning.
—50
570
Legislative
ers.
TOWNS.
§ 4. The legislative powers of the town of Postville shall
be vested in a town council, composed of live members, one
of whom sliall act as president.
JUmciAL POWERS.
Police court.
§ 5. The judicial powers of this town shall be vested in
a police magistrate's court. The said police magistrate shall
be elected by the legal voters of said town, at the same
time of electing members of the town council, and hold his
office for the term of four (4) years, and have concurrent
jurisdiction and powers witli other justices of the peace of
Logan county, and special jurisdiction of all cases arising
nnder the town ordinances, subject to change of venue and
appeals as from other justices of the county.
§ 6. There shall, also, be elected, at the same time and
place of electing town councils, one town constable, who
shall hold his office for one year, and be qualified in the
same manner and have concurrent jurisdiction with other
constables of Logan county, and special of town business.
ELECTIONS. *■
§ 7. The incorporate limits of the town of Postville shall
constitute an election precinct, for the purpose of electing
five members of the town council and police magistrate and
one constable.
Annual election. § §• ^u the first Saturday in October, in the year a. d.
one thousand eight hundred and sixty-one, (1861,) and on
that day, annually, thereafter, an election shall be holden in
said town of Postville, for the purpose of electing five mem-
bers for town council, and one town constable, and such
other officers as may be hereinafter provided fur ; at which
election all free white persons, who are residents of said
town at the time and qualified to vote for state and county
officers, shall have a right to vote at such elections, under
the same rules and laws that govern state and county elec-
tions : Provided^ at least ten days' notice shall be given of
the time and place of holding such election, by posting up
notices in three of the most ^^ublic places in said town.
Members nf town
vouncil.
Quorum.
QUALIFICATIONS FOR OFFICE.
§ 9. 'Eo person shall be eligible for a member of town
council who is not, at the time of his election, a freeholder,
resident of said town of Postville, a citizen of the United
States and strictly under the laws thereof, and twenty-one
years of age. The same qualifications shall be recpiisite for
all other elective officers of tliis town.
§ 10. The town council shall canvass the votes cast at
each election for town officers, and determine the qualifica-
TOWNS. 571
tions of its own members, and return the votes cast for
police mao;istrate and constable to the clerk of the county
court, withhi three days after elections. A majority shall
constitute a quorum to do business, but a less number may
adjourn, from day to day, and compel the attendance of its
absent members, by an ordinance for that purpose.
§ 11. The president and each member of the town couu- official oath,
cil shall, before entering upon their duties as such, take an
oath that they will support the constitution of the United
States and of this state, and faithfully perform the duties of
town council to the best of their ability; and there shall be
at least one regular meeting of the town council in each
month, at such place as they may prescribe by ordinance,
within the limits of said town, and not elsewhere.
§ 12. If two or more persons receive an equal number Tie.
of votes for magisti'ate, constable or members of town
council, the old board shall determine the matter by lot and
decide all contested elections.
POWEKS OF TOWN COUNCIL.
§ 13. The town council shall have j^ower to levy, assess '^'^^^''■
and collect taxes npon all property, real, personal or mixed,
within the incorporate limits of said town, subject to taxa-
tion for state and county purposes, not exceeding fifty cents,
annually, on the hundred dollars of assessed valuation
thereof, and may enforce the collection thereof, as follows :
OF COLLECTING TAXES.
§ 14. "When the town council shall levy a tax the town wode^ofcouecting
clerk shall procure two bound books for that purpose ; one
shall be prepared by him for the assessor, by the first Mon-
day in April after such tax is levied; and the assessor may
proceed to assess all property liable to taxation by the state
laws, and make his returns to the town clerk by the first
Monday in May thereafter, with as complete a description
of all property as he can get, and, of real estate, by num-
bers of lands or lots, so that the owner or owners may
readily find his land or lots thereby; whereupon the clerk
shall make a complete copy thereof in his other book for that
purpose, and deliver the same to the collector of said town
by the first Monday in July of said year. The town collec-
tor may then proceed to collect all of said taxes in his power,
by calling npon each person taxed, if a resident of said town
of Postville or of the county of Logan, if known, but shall
not be required to call upon nonresidents of the county.
After he has collected all he can by that means he shall, on
the first Monday in September of the same year, make his
returns to the town council, strictly paying over all moneys,
at the time of making his return, so collected, to the town
TOWNS.
treasurer, and tile with the clerk and town council a state-
ment, under oath, of all lands and town lots on which the
taxes are unpaid at the time of such return ; whereupon
the clerk shall make out a delincjuent list of such lands and
town lots, ii'ivino- as p^ood a description of ihe property as
he can get from the collector's books. He shall therewith
annex a notice that, on a day and at a place therein named,
lie will offer at public auction the said lands or lots therein
described, for the tax, interest and costs due thereon. The
clerk shall give to the purchaser a certiticate of purchase.
The said sale shall be between the hours of eight o'clock,
A. M., and fiv'C p. m., of said day, and otherwise conducted
as other sales of lands for taxes are under the revenue laws
of this state ; and, after the expiration of two years, if such
lands or town lots are not redeemed by the proper owner,
who shall first show to the clerk a good title in him or some
other person for whom he is a legal agent, and pay to said
clerk double the amount of tax, interest and costs, with ten
per cent, interest thereon, the clerk shall make to the pur-
chaser of such lands or l(»ts within the limits uf this incorpo-
ration a deed : Frovided, the said purchaser shall have
first complied with the requirements of the constitution and
laws in relation to obtaining sherifl"'8 or collector's deeds.
Said deed shall be under seal of the town ; and, if the fore-
going provisions are complied with, said deed shall be as
good and valid as deeds made by collectors of taxes under
the laws of this state. And in all trials of title, under this
act, the public records of the town of Postville may and
shall be deemed evidence of the regularity of such sale and
title. In addition to the foregoing, all ordinances that may
be passed by the council, to carry into efi'ect the foregoing
objects, shall be as good and valid as this act can or may be.
APPOINTED OFFICERS.
§ 15. The said board shall have power to appoint an attor-
ney, who shall be, ex officio^ clerk of the said town, a town
treasurer, an assessor and collector, and such other officers
as may !)e judged necessaiy for carrying into eifect the
powers conferred upon said cor]X)ration by this act, and to
require them to give such bonds, witli such securities and
take such oaths as may be judged necessary to insure' the
faithful performance of their duties, and shall have power
to appropriate money and provide for the payment of debts
and expenses of the town.
To make regulations to secure the general health of the
inhabitants of the town; to declare what shall be deemed a
nuisance, and to prevent an<l renun-e the same.
To open, abolish, alter, widen, extend, establish, grade or
vacate or otherwise improve and keep in repair streets,
TowKs. 573
filleys and lanes in said town, and erect, maintain and keep
in repair bridp;;es.
To provide for the erection of all necdfnl buildings, for cuudings.
the use of the said town, and to provide for the inclosing,
laying off, improving and regulating all public grounds and
burial grounds belonging to the town.
To license, restrain, regulate and prohibit the selling of
any intoxicating or malt liquors, by any person, within the
said town.
To forbid and punish the selling or giving away of any
intoxicating or nudt liquors to any minor, apprentice or
servants, without the consent of the parent, guardian, master
or mistress.
To license, tax and regulate theatrical and other exhibi- wcenseg.
tions, shows and amusements.
To restrain, prohibit and suppress gaming houses, bawdy
houses and other disorderly houses.
To provide for the prevention and extinguishment of fires,
and to organize and establish fire companies.
To regulate partition fences, and provide for the inspec-
tion and weighing of stonecoal and hay, and for the meas-
urement of wood and luel to be used in said town.
To regulate the election of town officers, define their officers,
duties, and provide for the removal of any person holding
office under the ordinances.
To provide for taking the enumeration of the inhabitants
of said town.
To fix the fees and compensation of all town officers,
jurors, witnesses and others, for services rendered under
this act or any ordinance.
To impose fines, penalties and forfeitures for the breach
of any ordinance, and to provide for the recovery and
appropriation of such fines and forfeitures and the enforce-
ment of such penalties.
To prevent the incumbering of the streets, squares, lanes
and alleys of said town ; to protect shade trees.
To compel persons to fasten horses, mules and other ani- R"nninRat large
mals attached to vehicles, while standing upon any square,
street, lane, alley or uninclosed lot.
To prevent the running at large of horses, cattle, hogs,
sheep and animals, and provide for distraining and impound-
ing the same, and to provide for the sale of the same for
any penalty incurred, and to impose penalties upon the
owners of any such animals for the violation of any ordi-
nance in relation thereto.
To prevent the running at large of dogs, and to provide
for the destruction of the same when runnino; at larsre con-
trary to ordinance.
To prevent the firing of squibs, rockets, guns or other
combustibles or firearms within the limits of said town.
574 TOWNS.
oniiiiances. § 16. TliG president and board -of the town conncilmen
shall have power to make all ordinances whicli .shall be
necessary and proper for carryin^:; into execntion the powers
specified in this act, so that such ordinances shall not be
repugnant to the constitution of this state and of the United
States. The style of the ordinances of the town shall be,
^^ Be it ordained hy the President and Town Council of the
Town of Postville'^'' and all ordinances shall, witliin one
month after they are passed, be ]:)ublished in a newspaj^er pub-
lished in said town, or, if no newspaper is printed in said town,
by posting copies of the same in four public places in said,
town; and the certificate of the publisher of such newspa-
l^er, or of the clerk of the board, under the seal of the cor-
poration, shall be prima facie evidence of such publication.
No ordinance shall take effect until published as aforesaid.
§ 17. All ordinances may be proven by the seal of the
town, and, when printed or published in book or jximphlet
form and purporting to be printed or published by authority
of the corporation, the same shall be received in evidence
in all courts and jilaces, without further proof.
POWERS AND DUTIES OF THE PRESIDENT.
pecial meelings,
§ 18. The president shall preside at all meetings of the
board, when present; and, in case of his absence from any
meeting, the members of the board present shall appoint
one of their number chairman, who shall preside at that
meeting. The president, or any two members of the board,
may call special meetings of the board. The president shall
be active and vigilant in enforcing the laws and ordinances
for the government of said town. He shall inspect the
conduct of all subordinate officers, and cause negligence or
willful violation of duty to be punished. He shall have
230wer and authority to call on all male inhabitants of said
town, over the age of twenty-one years, to aid in enforcing
the laws and ordinances of said town; and any and every
person who shall neglect or refuse to obey such call shall
forfeit and pay to said town the sum of not less than five
dollars nor more than twenty-five dollars. He shall have
povver, whenever he may deem it necessary, to require of
any officer of said town a written exhibit of his books and
papers, and shall have power and it shall be liis duty to do
all other acts and things that may be required of him by
the laws and ordinances of said town.
MAGISTRATES AND CONSTABLES.
Police ma-istrato § 10. Tlic prcsout poHcc magistrate of said toMm of Post-
ville, holding his office under and b}'' virtue of an act entitled
"An act for the better government of towns and cities and
to amend the charters thereof," approved (February 27th,
TOWNS. 575
1S54,) February twenty-seventh, eighteen hundred and fifty-
four, shall be deemed to hold his ottice under and by virtue
of this act until the expiration of his term of ofKce. At
the first election under this act for town councihnen of said
town, after the expiration of the term of olfice of the present
police magistrate of said town, and every four years there-
after, there shall be elected a police magistrate of said town,
who shall be, ex ojji-cio, a justice of the peace for the county
of Logan. He shall qualify in the same manner and be
subject to the same penalties that are provided by the gen- '
eral laws of this state for other justices of the peace. He
shall hold his otfice for the term of four years and until his
successor shall be elected and qualified. He shall possess
and may exercise all the powers, jurisdiction and authority
that other justices of the peace of the county of Logan
might have and exercise in similar cases.
§ 20. The said board of the town council shall have sidewaikg.
power to pass such ordinances, providing for the construc-
tion of sidewalks and crosswalks, as the interest of said
town may require; and if said board, shall at any time
determine, by ordinance, duly passed and published, to have
the sidewalks of any street or streets or of any part of the
streets of said town paved or planked, said, board may, by
ordinance, require the respective owners of the lots or
ground in front of which pavements or plank walks are to
be made to plank or pave the same, in accordance with the
ordinances of said board. And if the sidewalks in front of
any lot or piece of ground shall not be made, when directed
as aforesaid, said board of town council may cause the side-
walks in front of any such lot or piece of ground to be
made; and the cost thereof, to be ascertained and determined
by the board, shall be a charge against such lot or piece of
ground, and may be collected by the sale of such lot or
piece of ground, in the same manner that other taxes are
collected; and after the sidewalks shall be made, as above
provided, said board may provide, by ordinance, that such
sidewalks shall be kept in repair by a special tax upon the
lots or pieces of ground in front of wdiich sidewalks are
made.
§ 21, The president and town council, for the purpose street labor,
of keeping the streets, alleys, lanes, avenues and highways
in repair, may require every male inhabitant of said town,
over the age of twenty-one years and under fifty, to labor
on such streets, lanes, alleys, avenues and highways three
days in each year ; and every person failing or refusing to
perform such road labor, alter being notified as may be pro-
vided by ordinance, shall forfeit and pay one dollar per day
for each day so neglected and refusefl.
§ 22. The president and town council shall have power Punishments,
to provide for the punishment of the offenders against the
ordinances, in the county jail or calaboose, in all cases where
570 Towxs.
such offenders sliall fiiil or refuse to pay the lines and for-
feitures which niaj be recovered ai^aiiist them.
noad labor. ^ 23. Thc inhabitants of Said tuwn eluill beexeni])t from
the performance of road hibor and payment of ruad tax,
levied by authority of the county court ; and the entire ju-
risdiction and control of the roads, highways and bridges in
said town sliall be held and exercised by the president and
town council aforesaid.
Writs, ic. g 24. All writs for the recovery of penalties for the
breach of any ordinance of said town shall be in the form
of an action of debt, before the police magistrate, or, in case
of his absence, or inability to act, before some other justice
of the jDeace of said county; and changes of venue, and
appeals shall be allowed in cases commenced before the
said magistrate as in other cases before other justices of the
peace: l^rovided, the said corporation shall be allowed to
appeal in any case in which they are parties, by causing
their clerk to execute a bond, in the name of said corpora-
tion, in the form now prescribed by law in other cases, with-
out other security, and an order, entered upon the records
of said corporation, directing said appeal, shall be sufticient
evidence of the authority of said clerk to sign said bonds.
Execution of pro- § 25. Tlic towu coustable, clccted nnder the provisions
of this act, shall have power and authoi'ity to execute all
process issued for breach of any ordinance of said town,
and, for that purpose, his power and authority shall extend
over the county of Logan ; and shall have the same power,
jurisdiction and authority, within the limits of said county,
as other constables nnder the laws of this state, and shall
give bond and qualify as the said board shall, by ordinance,
prescribe.
Suits at law. § 26. All suits for fines and penalties, in and for the
violation of any ordinance, shall be in the name of "The
Town of Postville ;" and the said corporation shall have
power to regulate, by ordinance, the form and nature of the
first and of any subsequent process and the mode of execu-
ting the same.
onjiiianceg. § 27. All ordinanccs and resolutions j)assed l)y the pre-
sent town authoiities shall remain in force until the same
shall have been repealed by the corjjoration hereby created:
l-'/'ovidecl, no contract or agreement shall be aifected thereby.
uipiits :u)d pro- § 28. All actions, fines, penalties and forfeitures, which
puny of. have accrued to the president and town council of said town,
shall be vested in and prosecuted by the corpi)ratit)n hereby
created ; and all propei'ty, real and persoiuil, heretofore be-
longing to said town, shall be and the same is hereby de-
clared to be vested in the cor[)oration hereby created.
r.ii.iioniion of or- g 2i). A Certificate of the clerk of the board of town
council of said town of Postville, under the seal of the cor-
poration, of the publication of any ordinance of said town,
shall be deemed and regarded, in all courts, as evidence of
diiiiiiiCis.
TOWNS. 677
the publication of sucli ordinance, according to the require-
ments of this act, without further proof.
§ 30. In addition to the foregoing powers granted in
the act to the town council of the town of Postville, they
shall have and may exercise all the powers that are conferred
in this charter and amendatory acts of the cities of Spring-
field and Quincy.
§ 31. This act shall be deemed and declared to be a
public law, and shall be so considered, in all courts and
places, and may be used in evidence, without further proof.
This act to take effect and be in force from and after its
passage.
Appkoyed February 21, 1861.
AN ACT to lei^'iilize the incorporation of the Town of Chandlcrville, Cuss Ii force February
county, illinois, and to extend the powers of said incorporation. ' ^ "
Section 1. J3e it enacted hy the People of the State of
Illinois^ represented in the General Assembly, That the or-
ganization of the town of Chandlerville, under the general
law, entitled "An act to incorporate towns and cities," is
hereby legalized, and that all the acts and proceedings of
the trustees of said town of Chandlerville are hereby de-
clared valid and binding, notwithstanding an}^ informality
in the organization of said board of trustees: Provided^
such acts were otherwise lawful.
§ 2. That hereafter the corporation of the town of ^^^'■'''=^' °^ ^^'^•
Chandlerville shall have all the corporate powers and privi-
leges, as set forth and contained in the act entitled "An act
to incorporate the town of Bath," approved February 14,
1857, excepting sections three and thirty-four.
§ 3. The trustees of the town of Chandlerville shall Boundaries.
have power to alter the present boundaries of the town, by
excluding all territory within the present corporate limits
south and west of Panther Creek.
§ 6. This act shall be in force from and after its passage.
Approved February 21, 1861.
AN ACT to incorporate the Town of Chillicothe, in the county of Peoria, In force February
and state of Illinois. ^-> ^^01.
ARTICLE 1.
Section 1. JBe it enacted hy the Peo2)le of the State of
Illinois, represented in the Ge7ieral Assemdly, That the
inhabitants and residents of the town of Chillicothe, in the
—51
TOWNS.
conntj of Peoria, and state of Illinois, are licrcby constituted
and declared a body corporate and ])olitic, bv the name and
style of "The Town of Chillicothe ;" and by that name
shall have perpetnal snccession ; and may have and use a
common seal, which they may alter at pleasure ; have power
to sue and be sued, plead and be impleaded, in all courts and
places where justice is administered, in all actions whatever ;
to purchase, receive and hold pi-operty, both real and per-
sonal, within and beyond the limits of said town, for burial
grounds and other corporate purposes ; to sell, lease and
convey property, real and personal, for the use of said town ;
to protect and improve any such property as the public
good may require.
§ 2. The boundaries of said town shall be as follows,
viz : Beginning at the quarter (J) section corner, between
sections (17 and 20) seventeen and twenty, in township
eleven (11) north of the base line, range (0) nine east of the
fourth. principal meridian; thence, east, on section line be-
tween sections (17 and 20) seventeen and twenty, to the
county line between Peoria and Woodford counties; thence,
on said county line, in a southwesterly direction, to a point
where the continuation of the east and west half section line
of fractional section (20) twenty-nine, in township (11)
eleven north of base line, range (9) nine east of the fourth
principal meridian, intersects said county line ; thence,
west, on half section line of fractional section (29) twenty-
nine, in towmship eleven (11) north of the base line, range
(9) nine east of the fourth principal meridian, to the center
of said section (29) twenty-nine ; thence, north, on half sec-
tion line of fractional sections (29 and 20) twenty-nine and
tw^enty, to the place of beginning.
ARTICLE 2.
§ 1. The government of said town shall be vested in
five trustees, to be elected, annually, by the qualified
voters of said town ; and no person shall be a trustee of said
town who has not arrived at the age of twenty-one years
and who has not resided in said town one year next ])rece-
ding an election and is not a citizen of the United States.
And the said ti-ustees shall, at their first meeting, proceed
to elect one of their number president; and shall have
power to fill all vacancies in said board, which may be occa-
sioned by death, resignation or removal : Provided, the
vacancy shall not exceed thi-ee months.
§ 2. The board of trustees shall determine the qualifica-
tion of its own members and all cases of returns and elec-
tions of their own body. A majority shall constitute a quo-
rum, but a smaller number may adjourn from time to time
and compel the attendance of absent members, under such
penalties as may be prescribed by ordinance; shall have
TOWNS. . 679
power to determine tlie rules of their own proceedings,
punish a member for disorderly conduct, and, with a concur-
rence of three-lifths, expel a member.
§ 3. Each of the trustees shall, before entering upon the official oatn.
duties of his office, take an oath to perform the duties of his
office to the best of his knowledge and ability ; to support
the constitution of the United States and of this state ; and
there shall be at least one regular meeting of said trustees
in each .month, at such time and place as may be prescribed
by ordinance.
ARTICLE 3.
§ 1. There shall be elected in the town of Chillicothe, ^^:^_ ^^^s^'-
by the qualified voters thereof, on the first Monday of
April, 1861, and on the first Monday of April, every four
years forever thereafter, a police magistrate and a town
constable, who shall hold their respective offices for four
years and until their successors shall be elected and qualified.
§ 2. No person shall be eligible to the office of police constable,
magistrate or to the office of town constable who shall not have
been a resident of the town one year next preceding his
election or who shall not be a citizen of the United States.
§ 3. For the election of five trustees, a police magistrate
and town constable, the town of Chillicothe is hereby de-
clared an election precinct.
§ 4, The police magistrate shall be commissioned by ^""°® ™*^'^'
the governor of the state of Illinois as a justice of the peace,
and, as such, shall give bond and take and subscribe the
same oath of office as other justices of the peace, and, as
such, shall be a conservator of the peace for said town, and
shall have power and authority to administer oaths,
issue writs and processes, to take deposition and acknow-
ledgments of deeds, mortgages and other instruments
of writing, and certify the same, as other justices of the
peace ; and he shall have exclusive jurisdiction of all cases
arising under the ordinances of the corporation, and con-
current jurisdiction, power and authority, arising in all cases
whatsoever, with other justices of the peace, under the laws
of this state ; and shall be entitled to the same fees for his
services as other justices of the peace in similar cases: I^ro-
vided, that upon the necessary oath being made by the
defendant, as required by law governing justices of the
peace, a change of venue shall be granted, in all cases, from
the police magistrate of town to the nearest justice of the
peace, who is hereby invested in such cases with all the
authority of the police magistrate, and he shall proceed to
try the same : Provided^ also, that in the event of absence,
sickness, death or n.'signation of the police magistrate, the
next nearest justice of the peace of Peoria county be in-
vested with all the powers conferred upon the police magis-
trate by the provisions of this act.
trate.
580 TOWNS.
Constable. § 5. TliG towii constal>le shall have tlie same power and
authority, rights, privileges and (pialitieations, shall have
the same jurisdiction, and be entitled to the same fees, and
be liable to the same penalties, as constables now are or
may hereafter be under the laws of this state, and sliall be
placed under such bond, conditioned for the faithful peforni-
ance of the duties of his office as may be prescribed by or-
dinance of the corporation hereby created.
Neglect of duty. § 6. lu case tlio policc magistrate shall, at any time, be
guilty of palpable omission of duty, or shall willfully or
corruptly be guilty of corruption, of oppression, malconduct
or partiality in the discharge of the duties of his office, he
shall be liable to be indicted in the circuit court of Peoria
county, and, on conviction, sliall be fined in any sum, not
exceeding two hundred dollars and removed from office.
ARTICLE 4.
or ELECTIONS.
Election.
§ 1. On the first Monday of April, 1861, an election
shall be held in said town of Chillicothe, for five trustees, a
police magistrate, and town constable ; and on the first Mon-
day of April, of each year, forever thereafter, an election
shall be held for the election of said trustees, who shall hold
their offices for one year and until their successors are elect-
ed and qualified ; and, forever thereafter, on the first Mon-
day of April, every four years, an election shall be held for
the election of a police magistrate and town constable, who
shall hold their offices for four years and until their succes-
sors are elected and qualified; which first election shall
commence at ten o'clock, a. m., and close at four o'clock, p.
M., of said day; and, for the purposes of said first election,
A. J. Powell, R. Scholes, S. C. Jack, J. L. Kinner and J.
O. Tomlinson, are hereby constituted corporate trustees for
said town.
NoHco of eiec- § 2. It shall be the duty of the trustees hereby constitu-
ted, or any two of them, to give at least ten days' notice of
the time and place of holding said first election, by posting
up notices in at least three of the most public places in said
town; to be judges of said first election; to appoint their
own clerks, receive and canvass the votes, declare the result,
furnish to each one of the persons elected a certificate of his
election, certify the votes for police magistrate and town
constable, to the clerk of the county court of Peoria county,
and lay tliepoll books of such election before the board at
its first meeting. All subsequent elections sliall be held and
conducted and returns made as may be prescribed by ordi-
nance.
§ 3. A. fiiilure to hold said first election on the first
Monday of April, in the year, 1861, shall not work a for-
feiture of this charter; but said first election may be held
tiun.
TOWNS. 581
on any day, after the first Monday in April, in tlie year,
1861, by giving ten days' notice and conducting the same as
prescribed in section two of article four of this charter.
§ 1. If two or more persons shall receive an equal num- Tie.
ber of votes for police magistrate or town constable, the
board shall proceed to determine the same, by lot; and,
when there shall be a tie in the election of members of the
board of trustees, the judges of election shall certify the
same to the police magistrate, who shall determine the same
by lot, in such manner as may be prescribed by ordinance ;
and all contested elections shall be determined as prescribed
by ordinance.
§ 5. All persons who are entitled to vote for state offi- ^"^'t'^r''"'' "^
cers, under the laws of this state, and have resided in said
town six months preceding an election, shall be entitled to
vote for all officers to be elected under the provisions of
this act.
ARTICLE 5.
LEGISLATIVE POTTERS OF THE BOARD OF TRUSTEES.
§ 1. The board of trustees shall have power and author- Taxes,
ity to levy and collect taxes upon all property, real and per-
sonal, within the limits of the town, not exceeding one-half
per centum 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 constitution of the Uni-
ted States or of this state; and the board of trustees is here-
by authorized and empowered to provide for the sale of per-
sonal property for the taxes due thereon, as also for the sale
o± real estate for the taxes due thereon, in such manner as
may be prescribed by ordinance: Bromded^ said ordinances
are not inconsistent with the constitution of the United
States or of this state.
§ 2. The board of trustees shall have power to appoint officers of the
a clerk, treasurer, assessor, supervisor of streets, pound
master, town weigher, and all other officers, as may be ne-
cessary, and prescribe their duties, and to require of all offi-
cers, appointed in pursuance of this charter, bonds, with
such penalties and securities, for the faithful performance of
their duties as may be deemed expedient; also, to require all
officers appointed as aforesaid, to take an oath for the faith-
ful performance of the duties of their respective offices, be-
fore entering upon the discharge ot the same.
§ 3. To appropriate money and provide for the payment
of the expenses of the corporation.
§ 4. To make regulations to secure the general health Repui.itions ana
of the inhabitants of said town; to prevent the introduction ''°"''"'-
of contagious diseases into the town ; to make quarantine
laws for that purpose and enforce the same within two miles
of said town.
TOWNS.
§ 5. To pro^-ide tlie town with water, to sink and keep
in repair wells and pumps in the streets, for the convenience
of the inhabitants.
§ 6. To open, alter, extend, grade, open or otherwise
improve and keep in repair streets and alley's, and remove
obstructions therefrom, and to construct and keep in repair
bridges.
§ 7. To license, tax and regulate auctioneers, hawkers,
teamsters, brokers, draymen, peddlers, pawnbrokers and
money changers.
§ 8. To license, tax and regulate theatrical and other ex-
hibitions, shows and annisements.
§ 9. To erect, repair and regulate public wharfs and
docks ; to regulate the erection and rejDair of private wharfs
and the rates of wharfage thereat.
§ 10. To provide for the inspection and weighing of hay
and stonecoal, the measuring of charcoal, Hrewood and other
fuel to be sold or used in the town.
§ 11. To prohil)it the selling, exchanging and traffic of
any wine, rum, gin, brandy, whisky, ale, beer, porter, cider,
or other intoxicating liquors, within the limits of said town:
Provided^ that they may provide for the sale of the same
for purely medicinal, mechanical or sacramental purposes ;
and suppress tippling houses, dram shops, gambling houses,
bawdy liouses, houses of ill fame, and other disorderly houses:
Provided^ the trustees shall have power to license and regu-
late the sale of spirituous liquors, in case a majority of the
legal voters of said town shall, at any regular election for
town officers, vote in favor of the same : And, jwovided^
that no license, for any purpose, shall be granted, to extend
beyond the period when the successors to the board grant-
ing the same shall be elected and qualified.
I 12. To provide for the extinguishment and prevention
of tires ; to organize and regulate lire compnies.
§ 13. To regulate the lixing of chimneys and the flues
thereof.
§ 11. To regulate the storage of tar, pitch, rosin, gun-
powder, and other combustible nuiterials.
§ 15. To prevent the running at large of dogs, and pro-
vide for the destruction of the same when running at large
contrary to ordinance.
§ 1(). To prevent the tiring of guns and other combusti-
bles or firearms, within the limits of said town ; to prevent
and restrain loud and. unbecoming, ])rofane or indecent lan-
guage, or other disorderly conduct in said town.
§ 17. To restrain, regulate or prohibit the running at
large of cattle, horses, sheep, swine, goats and other animals,
and to authorize the distraining, impoiindingand sale of the
same, and to prohibit any indecent exhibition of horses and
other aninuds.
TOWNS. 5S3
§ 18. To prevent horse racing or any immoderate riding
or driving, within tlie limits of said town, of horses or
otlier animals ; to compel persons to secure their horses and
other animals attached to vehicles or otherwise, while stand-
ing or remaining in any street or alley, or pnblic road in
said town.
§ 10. To establish and maintain a public pound, and
appoint a pound master and prescribe his duties.
§ 20. To define and declare what shall be deemed nuis- Nuisances.
ances, to punish the authors thereof, to authorize and direct
the summary abatement of nuisances and the removal of the
same two miles from the boundaries of said town.
§ 21. To erect market houses, to establish markets and
market places, and provide for the regulation thereof.
§ 22. To provide for inclosino;, improving and regulating
all public grounds belonging to the toMm.
§ 23. To borrow money on the credit of the town : Pro- BonowiDgof mo-
vided, that no sum or sums of money shall be borrowed at
a greater interest than ten per cent, per annum, nor shall
the interest on the aggregate of all the sums borrowed and
outstanding, ever exceed one half of the toAvn revenue aris-
ing from taxes assessed oh real property within the limits of
said corpor'ation, and, unless a majority of the legal voters
of said town shall vote for the same. *
§ 21. To i-egulate the election of toAvn officers, and to
provide for removing from office any person holding office
created by ordinance.
§ 25. To provide for taking enumerations of the inhabi-
tants of the town.
§ 26. To fix the compensation of town officers, to regu- compensatkn.
late the fees of jurors, witnesses and others, for services ren-
dered under this act or by ordinance : Provided^ that in no
case shall any member of the board of trustees receive any
compensation for their services, but shall be exem]it from
road labor or serving on juries.
§ 27. The board of trustees shall have power to erect in
the town of Chillicothe a calaboose, for the confinement and
punishment of persons guilty of Anolation of the ordinances
of the corporation hereby created, and for the purpose of
confining persons under arrest for the violation of ordinances
of the corporation, when trial is delayed.
§ 2S. To require railroad companies to construct and
keep in repair suitable crossings at the intersections of streets
and alleys when the board shall deem necessary, to prohibit
and restrain railroad companies from doing storage or ware-
house business or collecting pay for storage, and to regulate
the speed of locomotive engines within the town limits.
§ 29. The board of trustees shall have power to make
and enforce all ordinances necessary to preserve good order,
government and harmony in said town, and punish offend-
ers by fine or imprisonment in the town calaboose, or both,
5bi TO^YNs.
or by work on the streets in said town, at the rate of one
dulUir per day, in all cases where such urtciider shall fail or
refuse to pay the tines and forfeitures which may be recov-
ered of them : Prvvided^ that such ordinances are not in-
consistent with the constitution of the United States or of
this state.
§ 30. All ordinances passed by the board of trustees
shall, within one month after they shall have been passed,
be published in some newspaper in the town of Chiliicothe,
or in some other way to be provided by ordinance, in case
no newspaper is published in said town, and shall not be in
force until they shall have been published, as aforesaid, for
the period of ten days.
§ 31. The style of the ordinances of the town shall be,
"i?e it ordained by the President and Board of Trustees of
the Town of Chiliicothe.''''
§ 32. All ordinances of the town may be proven by the
seal of the corporation, and, when printed or published in
book or pamphlet form, purporting to be printed or publish-
ed in book or pamphlet form by authority of the corpora-
tion, the same shall be received in evidence in all courts
and places, without further proof.
ARTICLE 6,
OF THE PRESIDENT.
* § 1. The president shall preside at all meetings of the
board, and shall have the casting vote, and no other. In
any case of his nonattendance at any meeting of the board,
the board shall appoint one ot their number chairman, who
shall preside at that meeting.
§ 2. The president, or any two members of the board,
may call special meetings of the board.
ExiiiMt of book g 3. He shall have power, when he shall deem neces-
aiid papers. ^nYj^ to rcquirc of any othcer of said town an exhibit of his
books and papers, and shall have power to do all other acts
required of him by any ordinance made in pursuance of
this act.
ARTICLE 1.
PROCEEDIXGS IN SPECIAL CASE.'.
oprnins of §1. Whcucver It shall bc ucccssary to takc pri vatc pro-
.uccig, &c. perty for opening or altering any street or alley, the corpo-
ration shall make just compensation to the owner or owners
of such property," and ])ay or tender the same before open-
ing or altering siich street or alley ; and in case the amount
of'^such compensation cannot be agreed upon, the police
magistrate shall cause the same to be ascertained by a jury
of 'six disinterested freeholders of said town.
TOWNS. 585
§ 2. "When all the owners of property on a street or alley Damages in open-
proposed to be opened or altered shall petition therefor, '"^ ^"'^^'^' *°-
the board of trustees shall provide for the opening or alter-
ing the same ; but no compensation shall be allowed to such
owners for their property so taken,
§ 3. All jurors empanneled to inquire into the amount
of benefits or damages which shall happen to the owners of
property proposed to be taken for the opening or altering
any street or alley, shall first be sworn to that eflect, and
shall return to the police magistrate their inquest, in writing,
signed by each juror: Provided^ always^ in the assessment
of such damages, they, the jury, shall take into considera-
tion the benefits as well as the injury happening to such
property, or to the owners thereof, by such opening or
altering.
§ 4. The board of trustees shall have power, by ordi- Special tax.
nance, to levy and collect a special tax on the holders ot lots
on any street or alley, according to the respective fronts
owned by them, for the purpose of paving, grading or oth-
erwise improving said sidewalks of said street or alley :
Provided., the tax shall not exceed one-half of the expense
of paving, grading or otherwise improving said street or
alley.
ARTICLE 8.
§ 1. The inhabitants of the town of Chillicothe are
hereby exempted from working on any road beyond the
limits of the town, and from paying any tax to procure
laborers to work on the same.
§ 2. The board of trustees shall have power, and it is Labor on streets.
hereby made their duty, when it may be necessary, for the
purpose of keeping in repair the streets and alleys of said
town, to require every able-bodied male inhabitant of said
town, over twenty-one years of age and under fifty, to labor
on said streets and alleys, not exceeding three days in each
year ; and any person failing to perform such labor, when
duly notified by the supervisor of streets of said town, shall
forfeit and pay the sum of one dollar to said town, for each
day so neglected or refused : Provided., the person notified
to perform labor on said streets and alleys shall be allowed
to procure a substitute, equally able as himself, or commute,
by paying to the street commissioner, within twelve hours
from the time of notice, the sum of eighty cents per day
for each day assessed.
§ 3. The board of trustees shall cause to be published, an- statement of an-
nually, a full and complete statement of all moneys received tul^^g. ^^p*^"'^"
and expended during the preceding year, and on what
account received and expended.
§ 4. All ordinances and resolutions pa?sed by the board
of trustees of the town of Chillicothe shall remain in force
—52
TOWNS.
until the same shall have been repealed by the hoard of
trustees.
§ 5. Appeals shall be allowed iu all cases arising under
the provisions of this act, or of any ordinance passed in
pursuance of this act, to the circuit court of Peoria county;
and every appeal shall be taken and granted in the same
manner and with like effect as appeals taken from and
granted by justices ot the peace to the circuit court in simi-
lar cases: Provided^ that when the town shall appeal, a
bond, filed by the clerk of the board, in the name of the
town, shall be deemed sufficient to obtain an appeal.
§ 6. All suits, actions and prosecutions instituted, com-
menced or brought by the corporation hereby created, shall
be instituted, commenced and prosecuted in the name of the
town of Chillicothe.
§ 7. Whenever the police magistrate or town constable
shall remove from the town, resign or die, or his office shall
otherwise be vacated, the board of trustees shall immedi-
ately provide for filling such vacancy by election.
§ 8. All property, real and personal, and all money,
heretofore belonging to the president and trustees of the
town of Chillicol:he, for the use of the inhabitants of said
town, shall be and the same is hereby declared to be vested
in the corporation hereby created.
§ 9. This act is hereby declared a public act, and may
be read in evidence in all courts of law and equity in this
state, without further proof.
§ 10. This act to take effect from and after its passage.
Appkoyed February 22, 1861.
Iaf«rce February AN ACT to vacate certain town lots iu the Town of Haldam, in the county
^^' ^^^^- of Ogle, and to change the name of said Town to tiiat of Campus.
Section 1. Be it enacted hy the Peojjle of the State of
Illinois, rejpresented i?i the General Assemlly, That all of
the town plat of the town of Ilaldam, in the county of
Ogle, and state of Illinois, be and the same is hereby vaca-
ted, saving and excepting therefrom blocks seven, (7,) oiglit,
(8,) nine, (9,) twelve, (12,) thirteen, (13,) and fourteen, (1-1,)
and the streets and alleys within the outside boundaries of
said blocks.
§ 2. That the name of tlie said town of Ilaldam be
changed to that of " Campus : " Provided, however, that the
change of name shall in no case aft'ect conveyances hereto-
fore made.
§ 3. That, whereas the quarter section on which said
town of Haldam is situated is assessed and the taxes levied
TOWNS. 587
thereon for 1860 are extended on the collector's book for the
township in which said town is located, therefore, Be it
further enacted., that the taxes levied and assessed for the
year 1860 on those lots of said town Avhich are hereby
vacated, be and the same is hereby declared null and void,
S 4. This act shall be in force from and after its passage.
Appeoved February 21, 1861.
AN ACT to amend an act entitled "An act to authorize the drainage of lands In force Fdjrnary
^ m the townships therein mentioned, and to construct roads therein," approTed 22, 1861.
June 23rd, a.d. 1852.
Section 1. Be it enacted hy the People of the State of
Illinois., represented in the General Assembly., Amend section
four of the act entitled "An act to authorize the drainage of
lands in the townships therein mentioned, and to construct
roads therein," approved June 23rd, 1852, by inserting,
after the word " appraisal " and before the word " may," in
the second line, the words " or any school trustees consider- i
ing the appraisal improper."
§ 2. Amend section six of said act, by adding thereto, ^'^.^fg^g'^/g ^°°'
" it shall be the duty of all trustees of schools, in the town-
ships in said act mentioned, out of any school moneys which
may come into their hands, to pay any assessments which
may have been or may hereafter be laid or assessed on or
against any school lands within their respective townships,
by the Cook county drainage commissioners, for the doing
of any work authorized to be done by the said act to which
this is an amendment ; and it shall be the duty of said trus-
tees of schools to redeem all school lands which may have
been sold for or on account of any assessment heretofore
levied by said Cook county drainage commissioners from
such sale; but they shall not be obliged to pay more than
the amount for which such lands were sold; and they are
authorized to use any moneys belonging to schools, in their
hands, for the purpose of making such redemption, after Redemptions,
providing for the current expenses of the schools. The
trustees of the schools are hereby authorized to levy a spe-
cial tax, to pay the amount necessary to satisfy such assess-
ment, or the amount required to redeem for any sale made
as aforesaid.
§ 3. This act shall take effect and be in force from and
after its passage.
Appkoved February 22, 1861.
Addition to town.
588 TOWNS.
to force February AN ACT to amend an act entitled "An act to incorporate the town of Dan-
21, 1S61. ville," approved February 15, 1855.
Section 1. Be it enacted hij the People of the State of
JUtnois, represented in the Generxd Atmembly^ That in aa-
dition to all the territorj now contained within the limits of
the town of Danville, there shall be added to said toM-n and
embraced within its limits and subject to its jurisdiction and
ordinances all the territory lying and being in section nine,
township nineteen north, of range eleven west, and em-
braced in the following additions to said town, as recorded
in the recorder's office of Vermilion county, as follows, t»
wit : The addition known as Forbes and Short's addition to
the town of Danville, as surveyed and laid out by Thomas
E. Forbes and John C. Short, recorded on the sixth day of
June, A. D. eighteen hundred and fifty-six, in book K, at
jiage three hundred and fifty-six, of the Vermilion county
]-ecords ; also the addition known as Harmon's addition to
the town of Danville, as surveyed and laid out by Oscar F.
Harmon, recorded on the fourteenth day of February, a. d.
eighteen hundred and fifty-seven, at page four hundred and
twenty-nine, in book S, of Yermilion county records ; also,
the addition known as Kilborn's addition to the town oi
Danville, as surveyed and laid out by Jonathan Kilborn,
recorded on the twentieth day of April, a, d. eighteen hun-
dred and sixty, at page two hundred and sixty, in book X,
of Vermilion county records. The above mentioned addi-
tions to the town of Danville are hereby added to and made
a part of the town of Danville, with the same efiect and au-
thority as if they had been legally added to said town and
recorded subsequent to the passage of the act to revive and
amend an act entitled "An act to incorporate the town of
Danville," approved February 15, 1855, approved February
16, 1857.
§ 2. All the ordinances of the town councilof the town
\iog liquors, .of Dauville to prohibit and suppress the sale or keeping for
sale of spirituous, vinous, mixed or other intoxicating
liquors, or imposing any fine, penalty or forfeiture therefor,
shall extend to and be in full force in all territory lying
within one mile of the limits of the town of Danville, as
fixed by this act ; and the town'^nd police constables and
all officers authorized to execute process issued by the po-
lice magisti-ate, and the police magistrate of the t(,)wn of
Danville shall have inrisdiction in all such cases, within one
mile from the town limits, in the same manner as if the of-
fense occurred within the town of Danville.
street labor. ^ 3. Scctiou 0110 of article eight of the act to M'hich this
is an amendment, is hereby amended so as to read as fol-
lows, to wit : " The town council of the town of Danville
may, by ordinance, recpiire all the inhabitants of said town
subject to street labor, according to the terms of its charter,
Sale of intoxica-
TOWNS.
589,
to labor on the public roads leading into said town, witliin
one mile from the limits of said town, and may appropriate
moneys belonging to the town for the same purpose."
§ 4. The town council may have power, by ordinance, Laboi-^m sausfao-
to provide that every person against whom any judgment
may hereafter be recovered in favor of said town, for any
fine, penalty or forfeiture for a breach of any ordinance, in-
stead of being committed to jail, may be required to labor
on the streets or on any public or private works within two
miles from the center of said town, until the whole fine,
penalty forfeiture and the cost shall be paid, at the same ;
rate per day as may be allowed as a forfeiture for a failure
to perform street labor, under the direction of the supervi-
sor of streets. j
§ 5. This act shall take effect and be in force from and ]
after its passage.
Approved February 21, 1861. ^
AN ACT to vacate certain blocks, lots, streets and alleys in the town of Du ^'^ ^ 22? ISGl""^'"^
Quoin, in Perry County.
•'(
Section 1. Be it enacted by the People of the State of
Illinois^ represented in the General Assembly, That blocks
numbered thirty, (30,) thirty-one, (31,) thirty-two, (32,) thir- ^^^^ ""^^j
ty-three, (33,) thirty-four, (31,) thirty-live, (35,) and lots 'j
numbered nine, (9,) ten, (10,) and eleven, (11,) in block
thirty-six, (36,) and all of the west half of said block thirty- :
six, (36,) and blocks thirty-seven, (37,) thirty-eight, (38,)
thirty-nine, (39,) and forty, (10,) and the west half of block |
forty -one, (41,) and lots number five, (5,) six, (6,) seven, (7,) |
eiglit, (8,) nine, (9,) ten, (10,) eleven, (11,) twelve, (12,) and j
thirteen, (13,) in block forty-six, (16,) of Keyes and Met-
calf's second addition to the town of Du Quoin, in the coun-
ty of Perry, be and the same are hereby vacated.
§ 2. Tiiat all the streets and alleys heretofore platted and ^^Jftf,„^^ai
laid out on the west side of the Illinois Central railroad, in leys.
said Keyes and Metcalf's second addition to said town of Du
Quoin, which lie south and west of the railroad addition to
said town, except Main street and the alley running through
block number thirty-six, in said Keyes and Metcalf's second
addition, be and the same are hereby vacated.
§ 3. This act shall be deemed and taken as a public act,
and be in force from and after its passage.
Approved February 22, 1861.
590 TOWNS.
In force February AN ACT to incorporate the town of Du Quoin.
22, 1S(31. '■
Section 1. Be it enacted ly the People of the State of
Illinois^ represented in the General Assembly^ Tliat the
inliabitiuits of the town of Dii Quoin, in the county of Per-
corporate name ^Tj '^^"6 hereby made a body corporate, by the name of " The
andi>on-ers. Town of Dii Quoin ;" and, by that name shall have j)er-
petual, succession, sue and be sued, plead and be impleaded,
in any court of law or equity ; take, hold and purchase such
real estate, within or without the corporate limits of said
town, and to sell, lease or convey and improve the same, as
the purposes of the corporation to them may seem to re-
quire ; and also to have a common seal, and alter the same at
pleasure. And the inhabitants of said town shall be exempt
from all road labor and road tax levied by the county of
Perry.
BOUND AEIES.
§ 2. The boundary lines of said town corporation shall
be as follows : Beginiiing at a point one-half mile due east
from the south-west corner of the park, as now inclosed, and
running, thence, north, one-half mile; thence, west, one
mile ; thence, south, one mile ; thence, east, one mile ; and
thence, north, one mile, to the place of beginning : Provided^
that the corporate authorities of said town may alter or
change the boundaries of said town, by ordinance ; but said
boundaries shall never be so altered as to include less than
j one mile square.
j ELECTIONS.
Notice of election §3- In all elections, held uuder tliis charter, two weeks'
puljlic notice shall be given of the time and place thereof,
by an advertisement in some paper published in said town,
or b}' posters, put up infuur of the most public places in said
town ; and three of the acting trustees shall act as judges and
two as clerks of such elections, they having first taken the
oath prescribed by law for the judges and clerks of eleo
tions for county ofiicers. Every white male, over tM^entj-
one years of age, resident of said town six months next pre-
ceding such election, shall be entitled to vote thereat ; and,
in all other respects, such election shall be conducted as may
at the time be prescribed by law for the election of county
ofiicers.
TOWN OFFICERS.
TrusteM. § 4- The town ofiicers shall consist of a board of five
trustees, to be elected annually, on the first Saturday of
April in each year, by the qualified voters of said toM-n, who
TOWNS. 591
sliall, at their first meeting thereafter, appoint one of their
number president. The board shall then appoint a secreta-
rj, treasurer, town constable, assessor and street inspector :
Provided, that the board may, at any time thereafter, ap-
point such other officers and agents of the corporation as
they may deem necessary, whose duties and lialjilities they
shall prescribe, by ordinance. All the town ofhcers shall
hold their offices for one year and until their successors shall
be elected and qualiiied, or appointed, as aforesaid. Each
officer of said town shall, before entering upon his duties,
take and subscribe an oath to supj^ort the constitution of the official oath.
United States and of this state, and faithfully and to the best
of his skill and ability discharge all the duties devolving
upon him, under this charter and the rules, regulations, by-
laws and ordinances of the board. ISTo person shall be
eligible to the office of trustee who shall not have attained
the age of twenty-one years, who shall not have resided in
the town/one year next preceding his election, and who shall
not be a citizen of the United States and tax payer in said
town. Every town officer and agent shall make a full re- 0^"^^ '■«p«''-
port of all his official acts, receipts and expenditures to the
board every three months and as much oftener as the board
shall require. If any town officer or agent shall remove
from the town, his office or appointment shall be thereby va-
cated. The board of trustees shall judge of the qualifica-
tions, elections and returns of its members, and shall deter-
mine all contested elections to said board. All vacancies in
said board shall be filled by election, and the trustees so
elected shall serve only for the unexpired term of his pre-
decessor.
PKESIDENT.
§ 5. It shall be the duty of the president to pre- I'^'jUl^^*'^ ^'^ p'*-
side at all meetings of the board and preserve order and
decorum, and, in his absence or inability to act, some other
member shall be chosen, ^rc* tern., to discharge the duties of
the president. The president shall decide all questions of
order, subject to appeals to the board ; appoint all committees,
unless otherwise ordered by the board ; call special meetings
of the board, ujDon the written request of any two members
of the board ; take care that the charter and ordinances,
rules, regulations and by-laws are duly enforced and ob-
served ; to direct the institution of suits for all violations of
the town ordinances, and, to personally attend all trials, and
prosecute or defend, for the interest of the town ; and report
to the secretary all fines imposed ; to keep himself fully in-
formed of the official conduct of all officers of the town, and
cause any neglect or violation of duty chargeable on them
to be duly prosecuted and punished ; and to give to the
board, from time to time, information relative to the town ;
and recommend such measures as he shall deem advantge-
TOWNS.
ons to its interest. The said corporation shall be entitled
to appeal, in any case, from the judgment of the police
magistrate or any other justice of the peace or court, in any
case to which they may be parties, by causing their secretary
to execute a bond, in the name of said corporation, in ibrm
and within the time now prescribed by law in other suits,
without security ; and an order, entered on the record of
said corporation, directing their secretary to take an aj^peal
shall be competent authority to said secretary to sign said
bond.
SECEETAKT.
§ 6. It shall be the duty of the secretary to keep, in a well
bound book, a complete and full record of all the proceedings
of the board, and a faithful account of all the fiscal airairs of
the corporation ; to carefully preserve all books, papers, maps
and records relating to his office and the corporation, and
furnish duly attested transcripts therefrom, when required ;
to draft and countersign all the orders or warrants for the
payment of money ; to issue all licenses and permits, and
give due notice of all elections, contracts and lettings, and
all other matters requiring publication, when ordered by the
board; and to perform whatever other duties may be re-
quired by the board.
TREASURER.
§ 7. It shall be the duty of the treasurer to re-
ceive all moneys due the corporation, giving his receipt
therefor, and pay out the same upon the order or warrant of
the board, signed by the president and countersigned by
the secretary. He shall keep, in a well bound book, a fair
and just account of all such receipts and payments, and
report thereof to the board every three months, and as much
oftener as the board shall require.
TOWN CONSTABLE.
Town constable.
§ 8. The town constable shall give bond, qualify,
and have power and jurisdiction as other constables of
Perry county ; and it shall be his duty to serve and execute
all processes and papers in all suits relating to the corpora^
tion ; but in case of his absence, inability or refusal to act,
any oth^r constable of Perry county may, and it is hereby
made his duty to act in his stead ; to preserve order and
quiet in the town ; to arrest offenders, upon view, without
warrant or process, and proceed with them to a speedy trial;
to collect fines, forfeitures and otlier moneys due the corpo-
ration, and attend all meetings of the board, when requested
by the president. lie shall be, ex officio^ collector of all
TOWNS. 593
taxes and assessments levied by the board of trustee'?, and
shall do and perform such other acts and duties as the board
maj prescribe. It is hereby made competent for any pro-
cess relating to the corporation to be executed anywhere in
Perry county.
Assessor.
Street Inspector.
THE TOWN ASSESSOR.
§ 9, ■ The town assessor shall perform all the duties
required of him by this act and the ordinances of the
board' in assessing property, for the purpose of levying the
taxes imposed by the board. In the performance of his
duty he shall have the same powers as are or may be given
to county assessors, and be subject to the same liabilities :
Provided^ the board may, by ordinance, change or modify
his duties, in any manner, not inconsistent with the consti-
tution and laws of this state.
' STREET INSPECTOR.
§ 10. It shall be the duty of the street inspector, per-
sonally, to superintend all the duties which devolving
upon him by the action of the board ; to keep a record of
all his official acts, receipts and expenditures, and to do and
perform all such acts as the board may require of him.
OFFICIAL BONDS.
Bonds to be filed.
§ 11. The president, treasurer, town constable, town
assessor and street inspector, and such other officers as the
board may, from time time, direct or appoint, shall, before
entering upon his official duties, file with the secretary his
bond, in such amount and with such security as the board
may direct and approve, conditioned for the faithful dis-
charge of his duties, under this act, and the rules, regula-
tions, by-laws and ordinances of the board ; which bond
shall be made payable to " The Town of Du Quoin ; " and
suit may be brought thereon, for the use of any party
aggrieved by any breach of its conditions. A'Jcopy of any
such bond, duly certified by the secretary, shall be received
in all courts as evidence. And the board may, at any time,
for proper cause, to be entered upon their journal of pro-
ceedings, order a new bond, with additional security and in-
creased penalty ; and if any of the officers aforesaid shall
fail, neglect or refuse to file such new bond, within the time
to be prescribed by the board, his office shall thereby be va-
cated and filled by election or appointment, as the case
may be.
594
TOWNS.
POWEKS OF THE BOAED OF TEUSTEES.
General powers.
Elections,
Fees.
Police.
Riots.
S!treet8, &c
§ 12. Tlie board of trustees shall liave power to ordain
and establish such rules, regulations, bj-laws and ordi-
nances, and impose such fines, penalties and forfeitures for
the breach thereof, as they shall deem necessarj- for the
government and direction of said corporation, and for the
management, control, disposition and application of its cor-
porate property, and for carrying into full force and effect
all the powers, duties and i:)rivileges herein and hereafter
granted and enumerated. They shall also have power —
First. — -To provide for all town elections; to regulate the
election and appointment of town ofiicers ; to provide for
filling all vacancies therein, and to provide for removing
from oflice, for malfeasance or other just cause, any officer
holding ofiice created by ordinance, or under this act.
Second. — To fix, alter and regulate the fees and salaries
of all town officers, jurors, witnesses and others, for services
rendered under this act or any ordinance.
Third. — To determine the rules of its jjroceedings, pun-
ish its members for disorderly conduct, and, with the con-
currence of four members, expel or remove, for proper
cause, any member of the board, or any officer appointed
by the board.
Fourth. — To regulate the police of the town ; impose fines,
forfeitures and penalties for the breach of any ordinance,
and provide for the recovery and appropriation of such tines
and forfeitures, and the enforcement of such penalties ; and
to provide for the punishment, by labor on the public streets
of said town or imprisonment in the county jail, of all
offenders who shall fail or refuse to pay the fines and for-
feitures recovered against them ; but no such fine shall ex-
ceed fifty dollars, nor the imprisonment ten days fur any
one violation.
Fifth. — To prevent, restrain, license and prohibit the sale
of any wine, gin, rum, brandy, whisky or other vinous,
spirituous or mixed liquors ; and to license the sale of beer
and malt liquors ; to suppress bawdy and other disorderly
houses, gaming and gaming houses.
/Sixth. — To suppress any riot, rout, noise disturbance or
disorderly assemblage in any street, house, building or
place in the corporate limits of the town ; to punish for oj^en
indecencies, breaches of the peace, assaults and assaults and
batteries, aft rays, horse racing, fast or careless riding or driv-
ing through the town, and the firing of guns, pistols and other
firearms, and the burnino; of fire crackers or other dan<»:erou8
or combustible material, likely to endanger the buildings in
the town.
Scvevth. — To license, tax and regulate theatrical and other
exhibitions, shows and amusements.
Eighth. — To open, alter, widen, extend, vacate, establish,
grade, pave and otherwise improve and keep in repair
TOWNS. 595
streets, lanes, avenues, alleys, side-walks; to prevent en-
ci'oachments into and upon and to remove all obstructions
from the streets, lanes, avenues, alleys, public roads and
side-walks, and to provide for the construction, repair and
cleaning of all side-walks, curb-stones and gutters, at the
expense of the owners of the ground fronting thereon.
To establish, erect and keep in repair bridges and
culverts.
To erect market houses, establish markets and market Markets.
places, and provide for the government and regulation
thereof
To provide for inclosing, improving and regulating all
public grounds belonging to the town, either by donation
or purchase.
To provide for the inspection and weighing of hay, grain inspection.
and stonecoal, to be sold or used within the town.
To make regulations to secure the general health of the
town, and to prevent and remove nuisances.
To provide for the prevention and extinguishing of fires. Fires,
To regulate and order the fixing of chimneys, stovepipes,
flues, jDarapet walls and partition fences.
To regulate the storage of all combustible materials.
To provide for taking an enumeration of the inhabitants
of the town.
To provide public wells and keep them in repair. water.
To borrow money for these purposes on the credit of the Borrowing of mo-
town, and issue the bonds of the town therefor ; but no sum °^^"
of money shall be borrowed at a higher rate of interest than
ten per cent, per annum ; nor shall a greater sum be borrowed
at any one time, nor at any time outstanding, than shall
amount, in the aggregate, to two thousand dollars, nor shall
any sum be borrowed, unless the proposition to borrow the vote upon bor-
same shall first be submitted to a vote of the qualified elect- ■•°^'^s -^""^y-
ors in said town, as herein before fixed, and assented to by
a majority voting thereon.
To levy and collect taxes, not exceeding one-half of one
per cent, upon the assessed value thereof, upon personal and
real property, moneys and credits, within said corporation,
to l>e ; ^, r. .1 for the benefit of said corporation.
§ 13. The stated meetings of the board shall be on the stated meetings.
second Saturdays of every month, until otherwise ordered
by the board, at such place as the board may direct. When
a special meeting shall be called, all the members of the
board shall have notice thereof, in the manner to be provid-
ed by the board. Three members shall constitute a quorum
to do business, at any regular meeting of the board ; but a
less number may meet and compel the attendance of the
absentees. JSTo member of the board shall vote upon any
question in which he is personally interested ; nor shall
any member of the board or town officer be security in any
bond, note or obligation given to the board. All ordinances,
TOWNS.
596
Form of ordinan resolutloiis aiid tlecrees passed by the board, shall be styled,
omo or ina - ^^_^^ ,^ ordained {or resolved, as the case may le) hy the town
of I)u Quoin,'' etc.; and they shall be in force from and after
ten days after publication, by an advertisement in some
paper published in said town, or by posting up copies there-
of in four of the most public places in said town. And the
secretary shall enter in the book in which the proceedings
of the board shall be kept the date of such advertisement or
publication. And all such entries, ordinances, resolutions,
decrees, and the proceedings of the board, may be proven
by the certificate of the secretary, with the seal of the cor-
poration annexed, and shall be received as evidence, in all
courts and places, without further proof. The official books,
tospecuon or re- ^^^^^,^ ^^^ records and accounts of the board, and all officers
of the corporation shall be open to inspection, atall reason^
able times, upon application to the proper officer. The
secretary shall, at least two weeks prior to the annual eleo-
tion for trustees, make out and place upon the records of
the board a full and complete statement, item by item, of
all the fiscal affairs of the corporation, naming the person
and purpose of each receipt, expenditure, fine, debt, claim
and demand ; which shall be made public at least one week
prior to said election, by an advertisement in some paper
published in said to^\Ti. All the proceedings of said board •
shall be published in some paper in said town, within two
weeks after the same are had.
Taking Of private § 1^- That the niodc of takiu- private property for pul>
property. \{q ^^ge^ by the corporate authorities of said town, sliali De
the same as prescribed in section fifteen of the act entitled,
"An act to consolidate the several acts incorporating the
town of Waterloo, and to amend the same," approved Feb-
ruary 18, 1859; and that all the provisions of said section
fifteen are hereby made applicable to the said town of Du-
Quion, except tliat the ai^peals therein provided for shall be
taken to the circuit court of the county of Perry.
§ 15. That all the rights, powers, duties and immuni-
ties conferred upon the town of Waterioo by the sixteenth
section of the act entitled "An act to consolidate the several
acts incorporating the town of AVaterloo, and to amend the
same," approved Fel)ruary 18, 1859, are hereby conferred
upon and made applicable to the town of DuQuoin, except
that the notices therein required to be published or posted,
shall be published or posted in the town of DuQuoin.
Disposition of the § ^^^- All moucys arising froiii fines, forfeitures and
moneys. penalties, and all moneys arising from licenses, taxes ana
assessments, for corporate purposes; and all moneys bor-
rowed by the board of trustees, shall be paid into the trea-
sury and go to the use of the inhabitants of the town of Dm-
Qn'oin, in their corporate capacity, to be appropriated and
expended by the board, for the advancement and improve-
ment and benefit of said town.
To^vNs. 597
§ 17. The board of trustees shall cause to be kept in Roads,
good repair all the public roads leading from or through
Baid town, for one mile from the center of the town.
§ 18. JNo inhabitant or officer of said town shall, for that
cause, be disqualilied from serving on a jury or to be-
come a witness in any suit, or proceeding wherein the cor-
poration may be a party or interested.
§ 19. Any person may be licensed to sell lager beer, Liquor licenses.
ale or other malt liquors, upon the payment of any sum not
less than twenty -five dollars nor to exceed one hundred ;
and the board may require from the applicant a bond,
with good security, in any sum, not exceeding five hun-
dred dollars, conditioned that the applicant will keep
an orderly house, and suffer no unlawful games or gaming
therein : Provided^ that at least twelve resident household-
ers within said town shall petition the board to grant such
license to the applicant : And^ provided, further, that the
board may grant licenses for a less term than twelve
months, at any sum not less than ten dollars, nor for a
shorter time than one month. And the said board shall
have no power to pass any ordinance prohibiting the erec-
tion of breweries within the limits of said town, nor the sale
of ale, beer or other malt liquors by a quantity of one gallon
and upwards, from any brewery within the corporate limits
of said town.
§ 20. The incorporation of the said town of DuQuoin,
■under the general laws, heretofore made, is hereby declared
valid ; and all ordinances enacted by the trustees thereof, ex-
cept as hereinafter provided, in section twenty-two of this
act, are declared to be in full force until repealed or amended
by the board, so far as the same are not inconsistent with
the constitution and laws of this state. And all fines,
penalties and forfeitures, which have accrued to the presi-
dent and trustees of the town of DuQuoin shall be vested in
the town corporation hereby created. And all suits now
pending and causes of action now existing shall be prosecu-
ted in tlie name of the president and trustees of the tow^i of
DuQuoin. All property belonging to the president and
trustees is hereby vested in the corporation hereby created.
§ 21. All fines, penalties and forfeitures, for the breach
of any ordinance of said town, may be recovered b^^ action
of debt, or in such manner as the board may prescribe, not
inconsistent with the constitution and laws of this state, be-
fore the police magistrate or any justice of the peace in the
county of Perry.
§ 22. That all laws and parts of laws, inconsistent with Recovery of fines.
the provisions of this act, and all the ordinances and parts
of ordinances of said town, heretofore passed by the presi-
dent and trustees, prohibiting, restraining or regulating the
sale of ale, beer or other malt liquors, are hereby repealed.
598
Use of certain
moneys
TOWNS.
§ 23. That the present trustees of said town shall hold
their offices until the time fixed bj this act for the first
election of the board herein provided for, and until the said
board shall be qualified.
§ 2i. That all moneys arising from the granting of licei>-
ses to keep grocery or for the sale of vinous, spirituous or
mixed or maTt liquors, now in the hands of the treasurer of
said town, or which may be due for the same, shall be re-
tained by the said corporation and applied to its use, any
thing in the laws of this state to the contrary notwitl*
standing.
§ 25. This act shall be deemed and taken as a public act,
and may be read in evidence, without proof; and shall be
in force from and after its passage.
Appkoved February 22, 1861.
In force February
21, 1S61.
AX ACT to incorporate the Town of DeKalb.
and powers.
Section 1. Be it enacted hy the Ij^eople of the State of
Illinois, represented in the Greneral Assemhly, That the
inhabitants of the town of DeKalb, in De Kalb county, are
hereby constituted a body politic and corporate, to be known
Corporate name by the uamc of "The President and Trustees of the Town
of De Kalb;" and by that name shall be known in law, and
have perpetual succession; may sue and be sued, implead
and be impleaded, defend and be defended, in courts of law
and equity, in all matters and actions whatsoever; may
purchase, take, receive and hold personal property and real
estate, within the limits of the incorporation, but not else-
where; may lease, sell and convey the same; and do all
other lawful acts within the scope of this act of incorporation
as natural persons ma}^ do ; may have a common seal, and
break and alter the same at pleasure : Provided, no land
shall be sold by them which has been conveyed to or is held
by the corporation for streets, alleys, lanes, public grounds
or squares.
§ 2. That all that district of country contained in and
known and lying in township forty (4:0,) in De Kalb county,
Illinois, described as follows, to Avit : Commencing at the
southwest corner of section twenty-three (23,) running M'cst
on section line of section twenty-two (22) to the half section
line of said section twenty-two (22,) thence north on said
one-half section line, until said section line intersects the
Kishwaukee river, thence along the eastern bank of said
river to the north line of section twenty-two (22,) thence
east along said line to the east quarter section line of section
twenty-three (23,) thence south along said quarter section
Boundaries.
TOWNS. 599
line to the south line of section twenty-three (23,) thence
along said section line to the place of beginning, is hereby
declared to be within the limits of the incorporation hereby
created: Provided^ the board of trustees may extend the
limits of said incorporation not to exceed two miles square
of land.
_ § 3. The corporate powers and duties of said incorpora- Town trustees.
tion shall be vested in five trustees, who shall form a board
for the transaction of business. The first board of trustees
shall be elected on the second Monday in March next, and
thereafter shall be elected annually on the second Monday
in March, in each and every year, to serve for one year and
until^ their successors are elected and qualified ; they shall
be citizens of the United States, twenty-one years of age,
shall possess a freehold estate within the limits of the incor-
poration, and shall have resided therein at least one year
next preceding the election. ISTo failure to elect trustees on
the day appointed shall operate as a dissolution of the cor-
poration, but such election may be held on any subsequent
day, upon five days' notice, given by any five legal voters
of said town, or the clerk of the board of trustees, in such
manner as the board of trustees shall by ordinance direct,
may call such election.
§ -i. The board of trustees shall appoint their president president,
from their own body, who shall preside at the meetings of
the board ; and in case of absence or inability to serve as the
president, the trustees present shall have power to elect a
president j??'(? tern, from their own number. The board shall
be judges of the qualifications, elections and returns of their
own members. A majority of the trustees shall constitute
a board to do business, but a smaller number may adjourn
from day to day and may compel the attendance of absent
members, in such manner and under such penalties as they
shall provide. The board of trustees shall determine the
rules of proceeding and order of business before them,
punish their members or other persons for disorderly con-
duct before the board while in session, and by a vote of four-
fifths of the whole number elected expel a member, for good
cause shown ; and make such other rules and regulations
for their own government, as to them may seem meet, pro-
per^ and expedient ; and in case of death, removal from the
limits of the incorporation, neo-lect for the space of three
months_ together to serve, or refusal to serve, to be signified
in writing to the board, the remaining members may ai>
point to till the vacancy thereby occasioned.
§ 5. ]^o person shall vote at any election of ofiicers of Qualification of
said incorporation unless he be qualified to vote for represen- '■°'^"-
tatives to the general assembly, and shall have resided within
the _ limits of said incorporation for three months next pre-
ceding the election. :N"o person shall be appointed or elec-
ted to any office under this incorporation unless he be at the
600
TOWNS.
time entitled to vote at all elections under tliis act ; and all
such elections shall be by ballot, and tie votes shall be deci-
ded by lot in the presence of the board of trustees.
§ 6. The board of trustees shall, annually, at the next
cur treasurer, ^^^^.^^^,^^. j^^gting after their election or as soon thereafter as
may be, appoint a clerk of the board of trustees, a treasurer,
and such other ofticers, from time to time, as they may deem
necessary, and tor such term as they shall by ordinance
direct, not exceeding one year. An assessor and constable
of said incorporation shall be elected at the same time and
in the same manner and for the same term as trustees shall
be elected, as provided in this act. The board of trustees
shall have power to detine and regulate the duties of the
ofticers of the incorporation, in such manner and under
such penalties as they shall deem proper, and to provide for
their compensation.
§ 7. The board of trustees shall have power and they
are hereby directed to require of said clerk, treasurer, asses-
sor and constable to take an oath of ofiice and iile the same
with the clerk, and give bond, with sufiicient security, to be
approved by said board of trustees, well and truly to pertorni
the duties of their respective offices, as shall be required of
them by law or the ordinances of said town, from tnue to
time, and in such penalties as the board of trustees shall di-
rect; all such bonds to be given to said incorporation by its
corporate name.
§ 8. The board of trustees shall have power to borrow
money on the credit of the town: Provided ^t\\£ii the amount
of money borrowed and the indebtedness of the incorporar
tion on account of money loaned shall at no time exceed
two thousand dollars, and at a rate of interest not exceeding
ten per cent, per annum.
^ 9. Any member of the board of trustees, knowingly
Misuse of funds. ^^^.^^^ .^ ^^^^^ ^^ ^^^ misapplication or wrongful conversion
of the funds or personal property of the town, shall be per-
sonally liable to the town in an action on the case, for the
amount so misapplied or converted and costs.
§ 10. The board of trustees shall have power to_ make
Genorai powers j-gf^ihitions to sccure tlic general health of the inhabitants',
oiihe board. ^^"^^^^1^^^,^ ^j^.^^ gj^.^ll ^^3 i^^isauce, and prevent and remove
the same ; to provide the town with water, and dig wells,
erect hydrants and pumps in the streets for the convenience
of the public; to open, alter, extend, establish, grade, plank,
pave and in any other way or manner improve and keep m
repair streets, avenues, lanes and alleys, sidewalks, cross-
walks, drains and sewers; to establish, erect and keep in
rei)air bridges; to i)rovide for the erection ot all needtul
buildings, for the use of the town ; to provide for inclosing,
improving and regulating all public squares or places within
or belonging to Uie incorporation; planting trees m the
streets and public squares, for ornament or shade and the
TOWNS. 601
protection of the same ; to restrain and prohibit shooting,
horse racing, indecent exposure of horses and persons,
houses of ill fame, gaming and gaming houses, and all other
disorderly houses, and to suppress the same ; to provide for
taxing, licensing and regulating theatrical or other shows Taxes and n-
and amusements, for the admission to which money or any- "°^^-
thing is charged ; to regulate and license merchants, auction-
eers and peddlers ; the exclusive power to regulate, prohibit
or license the selling of spirituous, vinous and malt licjuors ,
of any kind, within the corporate limits ; to restrain and
prohibit the running at large of any horses, cattle, sheep,
swine, goats or dogs, within said corporation ; to erect mar-
ket houses, to establish markets and market places, and
provide for the use, government and regulation thereof ; to
fix the rates to be charged for the carriage of persons and
property, within the limits of said corporation, by carriages,
wagons, sleighs or drays ; to provide for the preservation
from and extinguishment of fires ; to establish and regulate
a fire department; to regulate the storage of gunpowder
and all other combustible materials ; to regulate the sale of
game ; to regulate the speed at which railroad locomotives
and cars shall be driven or horses rode or driven through
said incorporation ; to regulate the police of the town ; to
regulate the election of officers of the incorporation ; to officers or the
provide for their compensation, except that the board of '°"'°'
trustees shall not receive any compensation for their services
as such, and shall be incompetent to hold any other corpo-
ration ofiice during the term for which they may have been
elect d trustees, having accepted of such ofiice of trustee ;
to provide for the inspection and weighing of ha}^ and coal,
the measurement of charcoal, firewood or other fuel, to be
sold or used within the incorporation ; to make all such
ordinances, from time to time, and alter, amend and repeal ordinances.
the same, as shall be necessary to carry into effect and
execution the powers specified in this act, so that the same
be not inconsistent herewith nor with the laws or constitu-
tion of the United States or of this state ; to impose fines,
forfeitures and penalties for the breach of any ordinance of
the incorporation, and to provide for the recovery and
appropriation of any such fine or forfeiture, and the enforce-
ment of any such penalty ; to provide for the infliction of
fines or penalties upon any officer of the incorporation neg-
lecting or refusing to perform any duty or act required of
such officer in this act to be done ; to cause, from time to
time, a census of the inhabitants of said town to be taken,
and in their discretion to divide said town into wards, and
designate the number of trustees that each ward shall be
entitled to; to provide for the election of one justice of the Justices of the
peace from the legal voters of the incorporation, at the elec- ^^^'^^'
tion of the board of trustees by the legal voters of the town,
who shall hold his office for four years and until their suc-
—53
Taxes,
602 TOWNS.
cessovs are elected and qualified, returns of winch election
shall be made by the clerk of the town, and such justices
shall be comniissiuned b_y the cjovcrnor, give bondt^, to be
filed in the town clerk's oihce, and rnnnino- to the hoai'd of
trustees of the town, and in all other res^jccts be qualitied
and conform to the general laws of the state providing for
the election and qualification of justices of the peace, and
shall have the same jurisdiction, power and authority, and
perfco'ra all such acts and duties as are dr may be by laws
of this state vested in or required of justices of the jjeace
at and within said county of DeKalb. And in case of death,
removal from the corporation, incapacity or I'efusal to
serve of any justice of the |.)eace elected under this act, to
provide tor filling the vacancy by election.
Regular meetings. § H- Tlio rcguhu' niecting of the board of trustees shall
be on the first Monday of every month, at such time, on
said days and place as by ordinance they shall designate,
and they may provide for the holding of adjourned and
special meetings.
§ 12. The board of trustees shall have power to levy,
annually, at the first regular meeting of the board, after
their election, or such other time as they may designate,
and collect taxes for the incorporation upon all real estate
within the limits of said corporation, and upon all personal
propei'ty of the iidiabitants of the town, within said town,
not exceeding one per centum upon the assessed value
thereof. In making such assessments the assessor shall be
governed by the laws of this state directing the assessing of
property fo'- state and county pui'poses, for the time being,
as near as may be, and so as not to conflict with the provis-
ions of this act: Provided, tliat the trustees may adopt the
then last assessment made under the general laws of this
state. The assessor, after having made his assessment roll,
shall deposit the same with the clei'k of the boai'd of trus-
tees, who shall note thereon the time of such deposit for
inspection of any and all persons interested, for the space
of ten days, posting up notices in four of the most ])uh]ic
places in said town that said wM is so left tor inspeciion,
and shall, upon tlie lapse of said ten days, attach to said
assessment I'oU his attida\ir, stating therein the tin.e of
depositing said roll with said clerk as aforesaid and the time
of posting said notices. The clejk shall file and carefully
preserve said roll in hisoflice; and all taxes levied upon
r^al estate are declared to be a lien on the real estate u])on
which the same are assessed, from and after such roll is
deposited with said clerk as aforesaid.
§ 13. It shall be the duty of the clerk of board of trus-
tees, within five days thereafter, to post up notices in four
of the most public places in said corjioj-aticm, and also insert
such notices in a newspaper, should there be one ])ublislied
in said town, that at a place and on a day to be therein
Inspection of as-
T0"WIT3. 603
named, not more than two weeks from the time of said de-
positing, as provided in section twelve (12,) of this act, the
board of trustees will meet for the purpose of inspecting
said assessment, when and where it shall be the duty of the
board of trustees to meet and hear and investigate, under
oatli of the parties complaining, to be administered by the
clerk of said board, any complaints that the party eomphiin-
ing is charged with property which did not belong to him
or her at the time the same was assessed, or that his or her
property is assessed too high ; and shall in all such cases so
alter or amend, or not, said loll, as to them shall seem right:
Provided, hrnvever^t\\\ii if a regular meeting of the board of
trustees will happen at any time within three weeks after
the iiling of said roil, then it shall not be necessary to have
a special meeting convened, as above, but the matters spe-
citied in this section may be acted upon at such regular
meeting.
§ li. After such assessment roll shall have been before issuing ofwar-
the board of trustees for its action thereon, as above provi- ''^'*'
ded for, and after making such alterations therein as they
may deem necessary, under the preceding section, it shall
then be the duty of the board to cause a warrant to be issued,
under the seal of the corporation, and signed by the presi-
dent and clerk of said board, directed to the town constable,
with a copy of said assessment I'oll attached, connnanding
him to proceed and collect the same, within ninety days after
the date thereof; and in the collection thereof, the said town
constable is vested with the same powers, and to be exer-
cised in all respects in the same manner as collector of taxes
are, in and by the act to provide for township organization,
as far as the same shall be applicable.
§ 15. It shall be the duty of the constable to pay to the constable'* duties
treasurer of the town all moneys collected by him deducting
his per centage, from time to time, as fast as collected, and
to make returns, in writing, tliereof to the clerk of said
board, under oath ; showing, first, the amount of money and
on what account collected by him ; secondly, the taxes on
personal and real estate sj3ecifically, as in the warrant, and
making separate returns of the personal and of the real es-
tate upon which taxes remain unpaid.
§ 16. The town constable, with his sureties, shall be lia-
ble for all taxes that, by use of due diligence, he might have
collected, and shall fail so to do.
§ 17. It shall be the duty of the town clerk to file in the Taxs&iw.
office of the county clerk of De Kalb county, a copy, certi-
fied under the corporate seal of the incorporation, of the re-
turn of the town constable, showing the real estate upon
which taxes remain unpaid, at least five days before the first
day of the next term of said court which shall be holden af-
ter the return of said warrant, and filing the same in his of-
fice, and ahall cause a notice of an application to be made to
TOWNS.
said county court, for an order to sell the same for nonpay-
ment of taxes and costs, and the time and place of such or-
der to be published in the same manner as required by law
for the sale of real estate for the nonpayment of state and
county taxes; and the county court shall thereupon proceed
to dispose of the matter in the manner and as is required by
the law in such cases.
§ 18. The town constable shall make the sale under the
order of the county court, provided for in the above section,
and the clerk of the county court shall keep a record of such
sale, hie the same in his office, in a book to be provided for
that purpose, issue certificates to the purchasers ; and said
officers shall, in all things in and about said sale, comply, as
near as may be, with the provisions of the laws for the time
being, directing sales of lands for the nonpayment of state
and county taxes.
§ 19. When any real estate in said town shall be sold,
as is herein provided, for nonpayment of taxes, the same
shall be subject to redemption by any person interested
therein, within two years after the same shall have been sold,
on paying to the clerk of tlie incorporation double the amount
for which the same may have been sold, and all taxes assessed
for corporation purposes, which may have been paid by the
purchaser at such sale since such sale, with legal interest
thereon, from the time of such payment to the time of such
redemption ; and thereupon the clerk of the county court
shall make out to the person so redeeming a certificate, un-
der his hand and the seal of the said court, specifying the
lands redeemed, the time of redemption, the moneys paid,
and by whom; which shall he prima facie evidence, in all
courts whatsoever of the acts therein stated. The clerk shall
pay such moneys to the treasurer of the town, taking and
filing his receipt therefor, and the treasurer shall deposit the
same in the tow^n treasury, for the use of the purchaser at
such sale, to be paid out to him or his assigns, on demand
therefor and receipt given.
§ 20. Taxes and all costs made thereon may be paid at
any time to the town constable before the sale of the land
for nonpayment thereof In case any real estate sold under
the provisions of this act shall be and remain unredeemed,
as above provided, at the expiration of two years from the
date of said sale, a deed shall be made out and signed by
the president and countersigned by the clerk of the county
court, under the seal of said court, and duly acknowledged
by said officers, conveying the land to the purchaser or his
avssigns, or his or her JLeirs or assigns, upon proof of such
notice to the owner of the land as is required by the consti-
tuti/jn and laws of this state, of the sale of land for nonpay-
ment of taxes.
§ 21. Lands situated in said corporation shall not be lia-
We to be assessed for road taxes under the general laws of
the stg-te on that subject.
TOWNS. 605
§ 22. Officers acting under this act of incorporation of Fees of officers,
the sale of lands for the nonpayment of taxes, and in all
proceedings precedent and consequent to the order to sell
the same, shall be entitled to the same fees as shall be allow-
ed by law for similar services under the revenue laws of this
state, and the same shall be a charge upon land, taxed and
included in the order of the court directing such sale as is
provided in said laws. Private property shall not be taken
for the opening, widening or altering of any public street,
lane, avenue or alley, unless upon petition, signed by thirty
legal voters of said town, and notice given by j^ublication
in a newspaper, or by posting the same in four public pla-
ces, of the time and place of the presentation thereof to the
board of trustees, who shall proceed to hear and determine
the matter at such time, or adjourn the matter to such time
as by them shall be thought proj^er ; such notice to be given
at least ten days before the time of presentation of such pe-
tition.
§ 23. When it shall be necessary to take private proper- Taking of privftt©
ty for opening, widening or altering any public street, lane, P^P'^^'y-
avenue or alley, the corporation shall make just compensa-
tion for damages to the person whose jjroperty is so taken ;
and if the amount of such compensation cannot be agreed
upon, the board; of trustees of said town shall select, by bal-
lot, five commissioners, legal voters of said corporation, and
not directly interested in the question, who shall proceed,
having first been duly sworn, to make assessment of such
damages fairly and according to law, to examine the premi-
ses, and hear all parties interested in thp matter who may
appear before them. They or a majority of them, shall
make out their award in writing, and return the same to the
board of trustees, under their hands. and seals, with a certi-
ficate of the oath taken by them ; and in case they, or any
three of them, shall be unable, to agree upon any award,
they shall be discharged by the . board ^nd other commis-
sioners in like manner selected in their, place. They shall
also assess upon the property iu the town by them deemed
benefited by the opening, widening or altering such street,
avenue, lane or or alley, the damages by them assessed there-
for, in ratable proportion, and report the same with their
assessment ; and the board of trustees shall issue their war-
rant for the collection of the same against the owners of the
land so reported to be benefited, to the town constable, and
the same is hereby declared to be a special tax and a lien on
the land so reported to be benefited, and may be collected
in the same manner as other corporation taxes are. An ap- Right of appeal.
peal may be taken from the award of damages, made by
said commissioners, by the board of trustees" or the owner
of the property so taken, to the county court of DeKalb
county, in the same manner and with the same effect as in
case of appeal from a judgment of a justice of the peace ;
TOWNS.
the bond on such appeal to be filed -witli the county clerk.
And tlie proceedin<j;;s of the county court on such ap|)cal3
shall be the same as in case of appeal from judgments of
justices of the peace. Either party to Luch appeal shall have
the right to have the same tried by a jury, who shall assess
the amount of damages snstained by the owner of the pro-
perty taken as aforesaid; and the county judge shall deter-
nnne the anionnt of the costs to be paid, and may apportion
the same between the parties, as he shall think just and pro-
per. The amount of the damages assessed by the jury or
the court on such appeal, shall be assessed by the board of
trustees npon the property deemed and reported by the said
commissioners to be benefited by the opening, widening or
altering of such street, avenue, lane or alley, in ratable pro-
portion, according to the valuation thereof, adopted by such
commissioners; and the warrant of the board of trustees
shall be issued by them for the collection of such damages,
as in case no api)eal had been taken.
§ 24. Should the owner of any land npon which any
special tax be assessed under this act, be unknown, he may
be so described in all proceedings to assess and collect the
same.
S 25. In ascertainino; the amount of compensation for
Damages. ,<J ,ti i"i ,• t • , ^
damages to be allowed to the owner lor liis property taken
for opening, widening or altering any street, lane, avenue or
alley, the commissioners' court or jury shall take into con-
sideration the benefit as w^ell as the injury happening by
such opening, widening or altering such street, lane, ave-
nue or alley, and if the benefits exceed the injury shall so
report or find.
§ 26. The board of trustees may, for good cause shown,
and application filed in the oflice of the board, within ten
days after the return of the commissioners appointed under
this act, open and set the same aside, and cause another
assessment to be made by the same or other commissioners.
s eciaitax § ^7. The board of trustees shall have power to provide,
by ordinance, for the assessing, levying and collecting a spe-
cial tax on the owners of lots in any street, lane or alley, ave-
nue or part or parts thereof, according to the res])ective fronts
owned by them thereon, for the purpose of paving, grading,
planking and making, in such manner as the board shall di-
rect, sidewalks and crosswalks, in such street, lane, avenue
or alley, or part or parts thereof; which tax is hereby de-
clared "to be a lien on the land in reference to which it is
assessed, until paid, and to be a special tax, to be collected
as other corporation taxes are.
sidewalk repairs. § 28. Tlic owucrs of lots shall bc allowed a reasonable
time, to be ascertained by ordinance, within which to make
or repair such sidewalk or crosswalk, under the direction of
the board of trustees, in front of the lots owned by them ;
and in case of failui-e to make or repair tlie same, withia
TOWNS. 607
sncli time, the board of trustees are authorized to cause such
]naking or repairing to be done, and assess and collect the
necessary expense thereof, in manner herein provided.
§ 2\). All S])ecial taxes remaining unpaitl, shall be re-
turned by the town constal)le, in manner hereinbefore stated,
as to general taxes, and shall be annually reported to the
count}' court, at the same time; and in all respects, the pro-
ceedings to procure a sale of the land for nonpayment there-
of, shall be conducted in the same manner that is herein pro-
vided to procure a sale of real estate for general taxes remain-
ing unpaid, and subject to sale and redemption in the same
manner.
§ oO. The inhabitants of the said corporation are hereby Road labor,
exempted from working poll tax for road labor, and for
all highway and road taxes whatever, otherwise than under
the provisions of this act. The board of trustees, to aid
them in keeping bridges, streets, lanes, avenues and alleys
in repair, in said town, shall liave power to require every
male inhabitant residing within the limits of said corpora-
tion, orer twenty-one years of age, and not incapacitated by
sickness or other intlrmity, from manual labor, to laboi' on
said streets, bridges, lanes, avenues or alleys, not exceeding-
three days in each and every year; and any person failing
to perform such labor according to the ordinances of the
town in that behalf from time to time enacted, shall forfeit
and pay such line as the board of trustees shall direct:
JVovided, that the board of trustees may provide for the
commutation of such labor.
§ 31. The board of trustees shall have exclusive juris- Biuiges, streets,
diction and control over all bridges, streets, avenues, lanes
and alleys and public highways at and within the incorpo-
ration, and the opening, repairing and making the same;
but whenever it sliall be necessary to bnild or repair the
bridge across the Kishwaukce river, on Depot street, the
board of supervisors of the county of De Kalb shall have
power to make such appropriations of money from the
county treasury as they may deem pioper, to build or repair
the same.
§ 82. The board of trustees shall have power to provide
for the punishment of offenders, by impris(»nnient in the
county or town jail, in all cases where such ofienders shall
fail or rel'use to pay any tine or foi'feiture recovered against
them for breach of any ordinance of the town : J^ovided,
such imprisonment shall not be of a longer duration than
twenty -four hours for every three dollars of such Une and
costs.
§ 33. Justices of the peace of the county of De Kalb Justices' juns-
residing within the limits ot said corj)oration, shall have
jurisdiction of all suirs and process brought and issued for
the recovery of any fine or to enforce any penalty for
breach of any ordinance of said corporation; and consta-
COS TOWNS.
bles of said county, residina; within the limits of said corpo-
ration, shall have power and authority to serve and execute
all process issued in any such suits to be brought and judg-
ment rendered therein, and the same collected and enforced
in the same manner as is provided by the laws of this state
in similar cases, the right of trial by jury to either party
demanding the same.
§ 34. JSTo line for the breach of any ordinance of the said
town shall exceed one hundred dollars, nor imprisonment
for like offense twenty days.
Eecovery of fines, § 35. All actious for tiues, penalties and forfeitures
•^^^ accruing for the breach of any ordinance of said town shall
be instituted and prosecuted in the name of " The President
and Board of Trustees of the Town of De Kalb," upon
complaint of any person before any justice of the peace
residing in said town, by action of debt. The ordinar}"-
process shall be by summons ; but in cases where the party
complaining shall state, under oath, that he has good reason
to believe the party accused to have committed a breach of
an ordinance of the corporation, and that the party accused
is about to abscond or depart without the limits of the
county, or has so departed or absconded, then the justice of
the peace may issue his warrant to bring the party accused
forthwith before liim, to answer such complaint ; and in that
case the party accused shall remain in the custody of the
officer until the suit is disposed of, and the fine and costs, if
any, imposed on him be paid, or otherwise discharged,
according to law, unless he shall enter into a recognizance,
with good security, before final judgment in the case before
the justice of the peace, to the corporation, in double the
amount of the penalty that may be inflicted upon him in
the suit, conditioned that he will pay the judgment and
costs that may be rendered against him therein ; and, in
default of such bail, the officer may commit the party
accused to the common jail of the county, for safe keeping,
while the cause is not being tried. The justice of the peace
shall grant but one continuance, on the application of the
plaintilf in the suit, in cases where the accused is under
arrest. The I'ecognizance shall be filed in the office of the
justice, and in [case] of forfeiture shall be transmitted by him
to the clerk of the board of trustees.
Appeaig. § 36. Appeals and writs of certiorari shall be alloM-ed
in all cases, both on the part of the corporation and the
defendant, in all suits brought to recover any fine, penalty
or forfeiture for the breach of i^.ny ordinance of said town,
from the judgment of a justice of the peace to the circuit
court of I)e Kalb countyj to be taken and granted in the
same manner and with like effect as a]>])eals and writs of
certiorari from judgments of justices of the peace in other
cases.
TOWNS, 609
§ 37. The town constables shall have the same general Town constabiei.
jnrisdiction and authority, within the county of De Kalb,
that other constables of said county have, and shall be sub-
ject to the same liabilities, and shall have exclusive author-
ity to collect all general and special taxes levied by said
corporation.
§ 38. JSTo money shall be paid out of the treasury of the cisburBement of
said corpoi'ation, save upon resolution of the board of trus- ""'"^y*
tees, specifying to whom and upon what account the same is
paid out, on order made by the clerk, signed by the pi'esi-
dent, and countersigned by the clerk, drawn in pursuance
of such resolution. All taxes of said town shall be collected
in gold and silver, or the notes of Illinois stock secured
banks, as the trustees may direct; and the orders on the
treasurer aforesaid, and all moneys belonging to the town,
shall be deposited and remain with the treasurer until drawn
out in the manner above provided.
§ 39. The board of trustees, annually, at least two weeks Annual state-
prior to any general election for officers under this act, shall ™^°
make out and enter upon their records a fall and complete
statement of the fiscal afi'airs of the corporation, showing,
item by item, all moneys received, from whom, and on what
account; also, all moneys expended and paid out, and to
whom and on what account; and the then indebtedness of
the corporation, and on what account; the amount of orders
on the treasury then outstanding, to whom payable, and on
what account ; a copy of which shall be published in a news-
paper in said town, at least one week prior to said election,
or, if none be published, then posted up in some public place
one week prior to such election. And for willful neglect or
for refusal on the part of said trustees or any member thereof,
to cause such statement to be made, as herein provided, he or
they shall be deemed guilty of a misdemeanor, and, on
conviction thereof, shall be fined in a sum not exceeding
one hundred dollars.
§ 40. All persons, members of any fire company organ- Exemption from
ized mider the ordinances of said corporation, shall, during •^^'^'°*^"*^^^
the time of such membership, be excused from serving in
the militia, unless in cases of actual invasion or insurrection,
and from sitting on juries, and, after serving seven years as
such fireman, consecutively, and receiving a certificate to
that ett'ect, under the seal of the corporation, shall thereaf-
ter continue to be so exempt. No person shall be disquali-
fied as a witness or juror in any suit or proceeding wherein
the corporation may be a party or interested, in consequence
of being an inhabitant of said town, or a member or officer
of said corporation,
§ 41. The first election of trustees shall be held at the Election of true.
Eagle Hotel, in De Kalb, and shall be opened at nine
o'clock in the morning, and continue open until five o'clock
in the afternoon of the day. The electors present at the
—54
bLU TOWNS.
opening of the polls shall elect two of their number to offi-
ciate as jndii'es, and one to act as clerk, who shall t)e sworn,
and in all things shall conduct such election as is re(piired
by the general election laws of this state ; shall canvass the
votes and make certilicates, under their hands and seals, of
the persons elected, and deliver the same to them, and
make returns of the poll book, and certificate attached, to
the clerk of the board of trustees, when he shall be appointed
and enter upon the duties of his office.
§ 42. The president of the board of trustees shall be
ex officio a member of the board of supervisors of De Kalb
county, and shall have the same power as any other super-
visor, and shall be entitled to the same compensation for the
same services as other supervisors.
To«-u clerk. § 43. The title, " towm clerk," when used in this act,
shall be held to mean, in all cases, the "clerk of the board
of trustees ; " and it is hereby provided that the present
existing board of trustees, who were elected under and by
virtue of the general incorporation act, shall be and are
hereby declared to be trustees under and by virtue of this
act, and to hold their office until their successors are elected
and cpialified, and that they shall have the powers and be
subject to all the restrictions contained in this act, the same
as if they had been duly elected under this act, and all acts
done by the present board of trustees, or any other board
that has preceded them, are hereby declared legal.
Tacanciee. § 44. lu case of vacaucy by leaving the state, or other-
wise, or failure to perform duties by the constable and col-
lector of said town, it shall be the duty of the board of
trustees, and they are hereby authorized, to declare said
office vacant, and to fill the same by appointment until the
next election ; and the successor so appointed shall exercise
all the powers and be subject to all the duties of the collec-
tor whose place he may be appointed to fill.
§ 45. This act shall be deemed a public act, and shall
be in force from and after its j^assage.
Approved February 21, ISGl.
In fni-ce Fchniary AN ACT to amon<l ail act ontitled "An act to inrorporate tlic Town of Dnn-
' "' k'ith," and for other purposes.
[Section 1.] Be it enacted hy the Peojile of the State of
lllwois. represented in i/ie General A.saer/Jj///^ That tli'e
Boundariei. secoud scctioii of the act to which this is an amendment bo
80 amended as to make the limits and boundaries of the
town of Dunleith as follows : To include the northwest
quarter of section twenty-nine, the southwest quarter of
section twenty, the southeast quarter of fractional section
TOWNS. 611
nineteen, and tlie northeast quarter of fractional section
thirty, in township number twenty-nine north, of I'ange two
west of the fourth principal meridian.
§ 2. That the ibllowinti: blocks and lots, to wit: Blocks vscaiion of
numbered from thirty to sixty-two, both inclusive; blocks
eighty-six, eighty-seven, ninety-six, ninety-seven, ninety-
eight, ninety-nine and one hundred ; blocks numbered from
one hundred and hfteen to one hundred and thirty-six, both
inclusive; block number one hundred and forty-one, and
lots thirty-eight and thirty-nine, in block one hundred and
thirteen, and the streets and alleys running through the
same, in the town of Dunleith, in the county of Jo Daviess,
and state of Illinois, be and the same are hereby vacated ;
and the right and title thereto shall revert to the original
proprietors of said town, except the title to lots which may
have been sold — the title of such lots to vest in the pur-
chasers or their gi-antees ; and taxes shall be assessed on
said ground, hereby vacated, by the acre, as other lands,
and not as town lots.
§ 3. This act shall take effect and be in force from and
after its passage.
Appkoved February 22, 1861.
AN ACT to incorporate the Town of Effingham. In force February
20. 1861.
Section 1. Be it enacted hy the People of the State of Illi-
nois, represented in the General Assembly, That the inhabi-
tants of the town of Efiiugham, in the county of Effingliam,
and the state of Illinois, are hereby constituted a body poli-
tic and corporate, by the name and style ot "The President corporal name,
and Trustees of the Town of Effingham;" and, by that
name and style, have perpetual succession ; and have and.
use a common seal, which they may change and alter at
pleasure, and in whom the government of the corporation
shall be vested and by whom its affairs shall be managed.
§ 2. The inhabitants of said town, by the name and corporate power
style aforesaid, may sue and be sued, plead and be implead-
ed, defend and be defended, in all courts of law and equity,
and in aU actions whatsoever; and purchase, receive and
hold property, i-eal and personal, within and beyond the
limits of said town, for burial grounds or other purposes,
for the use of the inhabitants of said town ; and may lease,
sell or dispose of property, real and personal, for the use
and benefit of said town, and improve and protect such
property, and do all things in relation thereto as natural
persons.
§ 3. That all those tracts of land embraced within the Townimuts.
following boundaries, to-wit: Beginning at the center of
(jl2 TOWNS.
section twenty-nine ; thence, east, to the center of section
tvventy-eight ; thence, north, to the center of section twenty-
one; thence, west, to the center of section twenty-tln-ee ;
thence, south, eighty rods; thence, west, forty rods; thence,
south, eighty rods ; thence, east, forty rods; thence, south,
to the place of beginning, in township eight north, of range
six east, be and the same is hereby declared to be within
the limits or boundaries of the said town of Ettingham.
Election of trus- § ^- ^'^ ^^^^ Monday before the lirst Tuesday in April,
tees. of each year, the inhabitants of said town shall elect four
(4) trustees and one (1) president of the board of trustees,
one clerk of said board, and one treasurer, and one justice
of the peace, to be styled the "Police Justice,'- and one
constable, who shall hold their othces for one year and until
their successors are elected and qualiiied, except the justice
of the peace and constable, who shall, after the next quad-
rennial election of justices of the peace, hold their ottices for
four years ; which said justice of the peace and constable
shall qualify in the same manner and have the same juris-
diction and be subject to the same liabilities as other justices
of the peace and constables,
§ 5. The president ot the board of trustees of said town
shall be, ex ojflcio^ a member of the board of supervisors of
the said Effingham county, and shall have the same powers
as any other supervisor of said county or member of said
board, and receive the same compensation for the same ser-
vices.
§ 6. John J. Funkhouser, Benjamin F. Kaysey and
lion. John Trapp, or any two of them, shall be judges of the
first election under this act; after which, the president of
the board of trustees, the clerk and treasurer of said board
shall be judges of the election. Said election to be con-
ducted in accordance with the election laws of this state.
Ten days' notice of the time and place of holding any elec-
tion of trustees shall be given by the judges of the election,
by advertisement, in any weekly newspaper published in
said town, or by posting notices in three of the most public
places in said town.
_,,.,,, 87. No person shall be elected president of the board
President of the o ' I ■ • i i in i i
buard. of trustees, or trustee ot said town, who shall not have been
for one year previous to such election a resident and bona
fide iVeeholder within the C(»r})<)rate limits of said town, and
at all such elections who shall be qualified to vote for state
and county othcers, and shall have a residence within the
limits of said corporation for three months previous to said
election, not being there for the ])urpose of education or
other temi»oi"ary object, nuiy enjoy the right of an election.
§ 8. The trustees shall be judges of elcclions, cpudifica-
tions and returns of the i)i'esldciit and <)f their own members
and of the clerk and treasurei*. A nuijority of the trustees
shall constitute a quorum to do business, but a smaller num-
Quoriiin.
TOWNS. 613
ber may adjourn, from day to day, and compel the attend-
ance of absent members, in such manner and under such
penaUies as they may provide, and punish the members for
disorder!}^ conduct, and, by a vote of three-f(jurths of the
whole numl)er elected, expel a member, and make other
such rules and regulations for their government as to them
may seem proper and expedient, and shall have power to
till any vacancies in the board of trustees, president, clerk
or treasurer, occasioned by death, resignation, removal or
continued absence from the town for three months : Provi-
dnl^ they shall not appoint any one of their number to any
such office, and the president shall in no case be entitled to
a vote, except in case of a tie.
§ 9. The president and trustees shall have power :
First: To cause all the streets, alleys and public roads Road labor.
within the limits of said town to be kept in good repair, and,
to that end, may require every able-bodied male resident of
said town over the age of twenty-one and under the age of fifty
years, to labor on the same, not exceeding three days in
each and every year ; and, if such labor be insufficient for
that purpose, to appropriate as much of the general funds
of the corporation as they may deem necessary therefor.
iSecond: To open, alter, vacate, widen, extend, establish,
-^rade, pave or otherwise improve any street, avenue, lane,
alley or public road, within the limits of said town.
Third: To make, construct, improve and keep in repair suewaiks.
sidewalks or pavements, in front of any lot or lots adjacent
to any street or streets in said town, and to levy and collect
a tax, from time to time, upon the lot or lots in front of
which sidewalks or pavements are or shall be ordered or
proposed to be made, constructed or kept in repair: Provi-
ded^ that such tax shall be on such lots proportionate to the
length of their res])ective fronts; and, until such president
and trustees shall provide by ordinance for the levying and
collecting said tax, they shall enter upon the records of the
corporation, whenever they shall desire to collect such tax,
a resolution, that such tax shall be levied and the number
of the lot or lots upon which the tax is proposed to be levied
and the amount upon each lot, and a certified copy of such
resolution shall be filed in the office of the clerk of the
county conrt; it shall then be collected in the manner pro-
vided in the ninth section of an act entitled "An act to in-
corporate cities and towns," approved February 10th, 1849,
for the collection of corporate taxes.
Fourth: To levy and collect taxes upon all property, both As-.essment and
real and personal, within the limits of said corporation, not eg. ^'•"^""
exceeding one-half per cent, per annum, upon the assessed
value thereof, and may enforce the payment thereof, in any
manner, to be prescribed by ordinance, not repugnant to
the constitution of the United States and of this state ; but
until they provide, by ordinance, for enforcing the payment
r.u
TOWNS.
Reslrainiii!
stock.
Pound and
master.
Licenses.
Nuisancr,
thereof, the said property sliall he assessed and tlie tax coh
lected in the manner provided hy the nintli section of the
act aforesaid ; and the clei'k of the l)oard shall certify to the
county clerk, previous to the annual meetino;of the board of
eu])ervisors, the rate of all taxes levied by said board.
Fifth: To restrain, regulate and prohibit the running at
. of large of cattle, horses, sheep, swine, goats and other animals,
and to authorize the distraining, impounding and sale of
the same, and to prohibit any indecent exhibitions of any
horse or other animals.
Sixth: To prevent and regulate the running at large of
dogs, and authorize the destruction of the same when at
large contrary to any ordinance.
Seventh: To prevent horse running or any immoderate
riding or driving, within the limits of said town, of horses or
other animals; to prohibit the abuse of animals ; to compel
pei'sons to fasten their horses or other animals attached to
vehicles or otherwise, while standing or remaining in any
street, alley or public ground, within the limits of said town.
pound Eighth: To establish and maintain a public pound, and
to appoint a pound master and prescribe his duties.
Ninth: To prohibit and restrain all description of gam-
bling and fraudulent device, and suppress and prohibit
billiard tables, ball alleys and other gaming establishments:
Provided^ they may have power to license billiard tables,
ball alleys or other places of exercise and amusement.
Tenth: To suppress and prohibit disorderly houses, gro-
ceries or houses of ill fame.
Eleventh: To license, suppress and prohibit all exhibitions
of common showmen, shows of every kind, caravans, cir-
cuses, exhibitions and amusements, and auctions.
Twelfth: To prevent, prohibit and suppress any riot,
affray, disturbance or disorderly assemblage, assaults, as-
saults and battery, or shooting, within limits of said town.
Thirteenth: To make regulations to prevent the introduc-
tion of contagious diseases into the town, and execute the
same, ioY any distance not exceeding two miles, from the
limits thereof.
fourteenth: To abate and remove nuisances and to pun-
ish the authors thereof, and define and declare what shall
be deemed nuisances in said town, or for any distance, not
exceeding two miles, from the limits thereof, and authorize
and direct the temporary- abatement of the same.
Fifteenth: To regulate the storage of gunpowder and
other combustible material.
SiHeeiith : To provide for the prevention and extinguish-
ment of tires and to organize and establish lire companies.
Seventeenth: To provide the town with water, for the ex-
linguishment of fires and tor the convenience of tlie inhabi-
tants.
TOWNS. G15
Eighteenth: To provide for inclosing, improving and regu-
lating all public grounds and other grounds belonging to
said town.
Nineteenth: To provide lor the erection of all needful
buildings, for the use of said town.
Twentieth: To make all necessary regulations to secure iieaini leguia-
the general health of the inhabitants thereof. '^"'"^'
Twenty-first: To license, regulate, prohibit and suppress sme of liquor,
the selling, bartering or exchanging and traffic of any wine,
rum, gin, brandy, whisky, ale or strong beer, or other in-
toxicating liquors, within the limits of said town, and to
prevent the giving away of the same, by any trader, dealer,
shop or tavern keeper, to be used as a beverage.
Twenty-second: To appropriate and provide for the pay-
ment of any debt or expenses of the town, and to lix the
coinj^ensation of their officers.
Twenty-third: And to make all ordinances which shall ^''^"^'"'■^ °^ '""''='•
be necessary and proper to carry into execution the power
specified in this act, or which they may deem necessary or
expedient for the better regulation of the internal police of
said town, and to execute the same ; and to impose fines,
forfeitures and penalties for the breach of any ordinance or
any of the provisions of this act, and to provide for the re-
covery and appropriation of such fines and forfeitures, and
the enforcement of such penalties : Provided^ that in no
case, in assaults, assaults and batteries, riots and afi'rays,
shall any such fine or penalty exceed the sum of twenty-five
dollars tor any one oflense.
§ 10. That the president and trustees of said town shall ^^^It^'^ °'""
have power to appoint street commissioners, board of health
and other officers that may be necessary, and to prescribe
their duties, and to require bonds from the several officers
for the faithful discharge of their duties.
§ 11. The president and trustees shall require their Duty of the cieik.
clerk, and it shall be his duty, to make and keej) a full and
faithful record of all their proceedings, by-laws and ordi-
nances, and of the time and places and manner of the publica-
tion of each ordinance and by-law, in a book, to be provided
for that purpose. And all ordinances, before taking eflect, ^^V'^'^^^^'j^" °f °''-
shall be published at least ten days in a newspaper publish-
ed in said town, or by posting up notices of the same in
three of the most public places in said town. The book
purporting to be the record of the corporation of said town
of Effingham, or a certified transcript thereof, shall be re-
ceived in all courts, without further proof, as evidence of
all such matters therein contained.
§ 12. Any fine, forfeiture or penalty incurred under '''."^'^ ^nf' v^-n&i-
this act or any b^'-law or ordinance made in pursuance of
this act or any act that may be passed amendatory to this
act, may be recovered, together with costs, before any jus-
tice of the peace of the proper county, in the name of the
G16 TOWNS.
corporation ; and tlie several lines, forfeitures and penalties,
for breaches of the same ordinances or by-laws, not exceed-
ino- one hundred dolhirs, may be recovered in one suit; and
the iirst process shall be by summons, unless oath or athr-
niation be made by some credible person ; but in all cases
of assault, assaults and battery, affray or riot, a warrant
shall issue for the offender or offenders, in the same manner
as for like offenses against the laws of the state. It shall be
lawful to declare for debt, 2:;enerally, for such fines, penal-
ties and forfeitures, stating the clause of this act or tlie ordi-
nance or by-law under which the same is claimed, and to give
the special matter in evidence nnder the declaration ; and the
parties shall proceed to hear and determine the cause, as m
other cases. Upon the rendition of judgment for any fines,
penalties or forfeitures, the justice shall issue his execution
for the same and costs of suit ; which may be levied npon any
personal property of the defendant or defendants, not ex-
empt from execution. If the constable shall return upon
such execution "no property found," or not sufficient to
satisfy the same, then the justice shall issue a capias against
impviponnient in t^s body of the defendant or defendants, and the constable
county j»ii. shall arrest such person or persons and commit him or
them to the conmion jail of the county, to remain ninety-six
hours; and if the judgment and costs exceed five dollars,
then to remain in close custod}^ in said jail twenty-four
hours for every one dollar over and above the said five dol-
lars, and so, in ]3roportion to the amount of the judgment
and costs : Frovided^ hotceve7\ the said president and trus-
tees, or their attorney, shall require a transcript of said
judgment and costs to be certified to the clerk of the circuit
court of the proper county, to have the same levied upon
real property, and signify the same, in writing, to him, he
shall not issue a ca/pias^ as aforesaid, but shall, without delay,
certify a transcript thereof and all the proceedings, accord-
ing to law, to such clerk ; which shall be filed and recorded
as in other cases; and such judgment shall have the same
force and efi'ect as judgments rendered in the circuit court :
Provided^ an appeal may be granted within five days after
the rendition of judgment, with the same force and efi'ect,
rights and privileges, to all parties, as in other cases.
Security for costs. § 1^. The prcsidcut and trustees shall not be required,
in suits instituted under this act or any ordinance passed by
virtue thereof, to file, before the commencement thereof,
any security for costs.
j»i3i.o.iii.,„„rmo- § 1^- ^^ fines, forfeitures or penalties received or col-
n-.vs ruiuctui jectcd for the breach of any ordinance, umler the provisions
of this act, and all moiK^ys received for licenses for groce-
ries, or f)t]ierwise, shall l)e ]>aid into the treasury of said
corporation by the officer or ])erson receiving the same,
§ 15. The inhabitants of said town are hereliy exempt-
ed from working on any road beyond the limits of said cor-
TOWNS. 517
poration, and from paying any tax on any property within
Its hmits to procure laborers to work on any such roads.
§ 16. Be it further enacted, That this act shall not take votenpon incor-
eftect and be in force until after the same sliall have iirst ^'°""'''°'
been_ submitted to a vote of the legal voters residing within
the limits of said corporation, as described in section three
(3) of diis act, and decided in favor of the acceptance of this
act ot incorporation, by a majority of the voters votiiur at
such election voting in favor thereof. Said election to be
held on the second Saturday of March, a. d. 1861 ; and the
aforesaid John J. Funkhouser, Benjamin K. Kaysey and
John Trapp shall be judges of the said election, who shall
JDe governed, in all respects, according to the election laws
111 this state, in conducting and canvassing the votes in said
election. They shall give ten days' public notice of the
time and place of holding said election, by publishing a
weekly notice in any newspaper published in said town, or
by posting up notices in three of the most public places in
said town.
§ 17. This act is hereby declared to be a public act, and
may be read in evidence in all courts of law and equity,
withm this state, without proof.
Appkoyed February 20, 1861.
AX ACT to amend an act entitled "An act to incorporate the Town of
Elizabethtown, in Hardin County " In force February
20, 1S61.
Section 1. Be it enacted hy the People of the State of
Illinois, rejyremited in the General Assembly, That secticm
eight ol said act be so amended as to authorize the presi-
dent and board of trustees of Elizabethtown to make and
pass ordinances for the punishment of assaults, assaults and
battery, riots, routs and unlawful assemblies, committed by
any person or persons within the corporate limits of said
town, and to hx the fine, to be not less than five dollars
nor to exceed one hundred dollars, and imprisonment, not
to exceed forty-eight hours.
§ 2. This act to be in force from and after its passao-e
Appkoved February 20, 1861. "^
AX ACT to amend an act entitled "An act to incorporate the town of In force February
Eureka. ' oa 10^, '
_ r -"-' vv/Mii ui iuiurcereoru
Eureka. 20, 1S61.
Section 1. Be it enacted hy the People of the State of
lil^nms, represented in the General Assembly, That section
Hve (5) of the act entitled "An act to incorporate the town
— 55
GIS
TOWNS
^drthTe'icr-md ^^ Enrcka, in the county of "Woodford," approved February
town constable, twcnty-tliird, eighteen hundred and lifty-ninc, be so amend-
ed that at the next town election, held in and for said town,
after the passage of this act, and forever thereafter, once in
every four years, at said election for corporate ofiicers, there
shall be elected a justice of the peace and constable, who
shall have all the powers and jurisdiction of other justices
of the peace and constables in said county, who shall give
bond and be commissioned and qualified in the same man-
ner as other justices and constables in said county, and shall
hold their terms of office for the period of four years and
until the election and qualification of their successors.
§ 2. This act shall take effect from and after its passage.
Approved February 20, 1861.
Boundaries
to\ni.
In force Fchriyiry AN ACT to incorporate the town of Elk Hart City.
22, ISO] .
Section 1. Be it enacted hy the People of the State of
Illinois, re2)resented in the General Assembly, That the
inhabitants of the town of Elk Hart City, in the county of
Logan, be and they are hereby created a body politic and cor-
Nameof town, poratc, by the name and stvle of " The President and Board
of Trustees of the Town of Elk Hart City;" and, by that
name shall be known in law, and have perpetual succession;
may sue and be sued, plead and be impleaded, in all courts
of law and equity, and in all actions, suits and matters
whatsoever ; and may have and use a corporate seal, and
alter the same at pleasure ; and may do all other acts as
natural persons, which may be necessary to carry out the
powers hereby granted.
§ 2. The boundaries of said town shall include Avithin its
limits the folloM-ing described tracts of land, to wit : Begin-
ning at the southwest corner of section seven, in towiiship
numl)er eighteen north, range three west of the third prin-
cijDal meridian ; thence, west, on the section line between
sections twelve and thirteen, in township number eighteen
north, range four west of the third principal meridian, one-
half of one mile ; thence, north, one-half of one mile ;
thence, east, one mile; thence, south, one mile; thence,
west, one mile; thence, north, one-half of one mile; together
with all such additions to the town of Elk Hart City as are
now and may hereafter be laid out and recorded as towii
lots ; all of said tracts of land being in the county of Logan,
and state of Illinois.
and § 3. The corporate powers and duties of said town shall
be vested in a ])resident and five trustees, whu shall lorm a
board for the transaction of business, and who shall be elect-
I'rcsidont
trustees.
TOWNS. 619
ed by the qualified voters of said corporation, as liereinafter
directed, and shall hold their offices for one year and until
their successors are elected and qualified. They shall re-
ceive no compensation for their services, except that they
shall be exempt from road labor during the time they are in
office.
§ -i. There shall be one town constable, one town treas- omcen of the
1 T n 1 /T> ■ • town.
urer, wlio snail be, ex officio, assessor, one street commis-
sioner,-and one town clerk, who shall be chosen by the board
of trustees at their first regular meeting after they are elect-
ed and qualified, or at as early a day thereafter as may be
practicable, who shall hold their offices for one year or until
their successors shall be elected and qualified, unless re-
moved for good cause by said board of trustees: Provided,
that the town constable and treasurer may be elected by the
legal voters of said corporation, if thought best by the board.
The said officers shall receive such compensation for their
services as the board may allow, except the constable, who
shall be allowed the same as other constables.
§ 5. Ko person shall be entitled to vote or hold office un- QuaUficaUon of
der this act who shall not be a citizen of the United States, ''°'®''^'
who shall not be twenty -one years of age, and shall not have
resided. in said corporation at least thirty days, and shall not
have resided in this state twelve months preceding the time
of the election.
§6. The treasurer, clerk and street commissioner shall, Bonds of towuof-
at the first regular meeting of the board of trustees, after
their election, or sooner, respectively, give bond, with one
or more securities, to be approved by the board, in the pe-
nalty of at least five hundred dollars, conditioned for the
faithful discharge of their duties, respectively ; and the con-
stable shall give bond in the amount and with the security
required by law in case of other constables, to be approved by
said board.
§ 7 It shall be the duty of the town clerk to give notice ^'otice of election.
of all regular and special elections, by posting up notices in
three public places in the town, specifying the tijne and
place of holding the same, at least ten days pre^dous
thereto.
§ 8. The board of trustees shall be judges of the qualifi- vacamies m the
cation, returns and election of their own members. Of all ^°^^'
the other officers ; they shall have power to fill all vacancies
in the board, occasioned by death, resignation or three
months' continued absence of any member thereof. A ma-
jority of the board shall constitute a quorum to do business,
but a smaller numljer may adjourn, from day to day, may
compel the attendance of absent members, and, under such
penalties as the board may provide. They may determine
their rules of proceeding, and may make such other rules
and regulations, for their government, as they may deem
TOWNS.
expedient. The president shall not vote except in case of a.
tie, in which case he shall give the casting vote.
§ 0, The live trnstees shall constitute a board of election,
two of whom shall act as clerks, and who shall open the poll
books at nine o'clock in the forenoon and keep the same
open until four in the afternoon. Before entering upon the
duties of jud'^es and clerks of election, they shall be sworn
to discharge faithfully their duties as such othcers, which
oaths may be administered by the president of the board,
any acting justice of the peace in said county, or by one of
their number who has already been sworn as such officer of
election. Said election shall be by ballot, and shall be con-
ducted as other elections for county and state officers, except
as herein provided. After the polls are closed the vote
shall be counted, and the books, with proper certificate and
ballots, shall be sealed up and kept by one of the board, and
and not opened until the next regular meeting of the board,
when any person may have the right to contest the election
of any officer who claims to be elected, but not afterwards.
The board shall have jjower to determine the merits of the
contest for said office.
§ 10. There shall be elected at the first regular election
of corporation officers, and every two years thereafter, a
justice of the peace, who shall hold his office in said corpo-
ration, and shall have all the power and jurisdiction of other
justices of the peace ; who shall give bond, be commissioned
and qualified, in the same manner as other justices. At the
election at which said justice is to be chosen, the officers of
election, as judges and clerks, shall make out and toward to
the county clerk of Logan county returns of the same exactly
as in the election of other justices of the peace. Said justice
shall have exclusive jurisdiction over all suits growing out
of the violations of any of the ordinances of said corpora-
tion, except in case of his absence or inability to serve, when
the next nearest justice in the county shall have power to
act. The said justice of the peace shall, also, have concur-
rent jurisdiction with other justices of the peace in Logan
county, and be subject to all provisions of law relative to
othei' justices of the peace.
§ IL The president, trustees, and all other officers of
this corporation, before entering upon the duties of their
offices, shall take an oath, before some justice of the peace,
to support the constitution of the United States and of this
state, taithfully aiul impartially to discharge the duties of
their several offices.
§ 12. The board of trustees shall have power to levy and
es^lcr"*' ^^^ collect taxes for general ])urposes, annually, upon all real
and personal estate, within the limits of said corporation,
not exceeding fifty cents on each hundi-ed dollars u])on the
assessed value; to nuike general regulations to secure the
general health of the inhabitants ; to prevent and remove
TOWNS. 621
nuisances; to restrain stock of all kinds of running at large;
to erect and keep in repair bridges ; to restrain, prohibit,
license and regulate auctions, shows, exhibitions and other
performances, for the admittance to which money is charged ;
to regulate, restrain and entirely prohibit the sale or having
in possession for sale of any vinous, spirituous or malt
liquors, or of any fermented liquors, lager beer, cider or
any intoxicating drink, and to impose penalties and forfeit-
ures therefor ; to prohibit the keeping any gaming house
or house of ill-fame ; to prevent the discharge of firearms
or fireworks within the corporation ; to establish, erect and
keep in repair markets ; to open and keep in repair streets,
avenues, lanes and alleys, drains, sewers, sidewalks, cross-
walks, and to plank, grade, or macadamize any sti-eet, alley,
avenue or lane in said town ; to establish a fire department,
and to prevent and extinguish fires ; to dig wells and erect
pumps in the streets for public convenience ; to regulate
the storage of gunpowder and other combustable materials ;
and to make, from time to time, such ordinances and regula-
tions that they shall make, ordain or establish ; and to pro-
vide for the collection of such penalties and the enforcement
of such ordinances as they shall deem best.
§ 13. Appeals and changes of venue may be taken and changes of veuue,
writs of certiorari allowed from decisions of the justice of ''°'
the peace, in any matter growing out or a violation of any
of the town ordinances of said corporation, the same as in
other cases before a justice of the peace.
§ 14. The treasurer shall, on the first Monday in the Assessment.
month of September, of each j'car, commence his duties as
assessor ; and shall have power to proceed, in every respect,
as county assessors, and shall, within forty days, make out
a full assessment of all the real and personal property in
said corporation, and shall furnish the same to the board of
trustees, who shall, within ten days, proceed to levy the tax.
The clerk shall, within five days, give notice of the rate of
taxes levied ; and the books shall then remain in his hands
until the twenty-fifth day of November, subject to inspec-
tion ; and, during which time, any person feeling aggrieved
by the assessment may go before the board, and his com- unfair assess-
plaint shall be heard ; and if it shall appear to the trustees ™''"^-
that any property has been too high a rate they shall have
power to modify or reduce the same. The clerk shall,
after the twenty-fifth day of November, proceed to compute
the taxes on the property assessed, at the fixed rate, and
make out a correct copy of the assessor's book, with such
alterations as have been made by the board, if any, extend
the taxes due thereon, and certify the same and fix the cor-
porate seal thereto, and place the same in the hands of the
collector of Logan county, within ten days, who is empow-
ered and required to proceed to collect the same and pay
over the same to the president and trustees of said copora-
022
TOWNS.
Borrowing of mo-
ney.
Posting of ordi-
nances.
Time of elections.
tion the same witliin three months from the time of rocei-
\\ug such copy of tlie assessor's book: Provided^ tliat if at
the expiration of tliat time any portion thceof shall remain
unixiid the said collector shall proceed, as in the collection
of connty and state taxes, to^ enforce the collection thereof,
and may obtain judgment and sell lands for taxes in arrear,
as in other cases ; for all which he shall be allowed the
same commissions and costs as for the collection of other
taxes.
§ 15. The board of trustees shall have power to borrow
money, on the credit of the town : Provided^ that the amount
of borrowed money and the indebtedness of said corpora-
tion, on the account of money loaned, shall at no time ex-
ceed one thousand dollars, and at rate of interest not to
exceed ten per cent.
§ 16. No loan of borrowed money, on account of said
corporation, shall at any time be made to exceed two hun-
dred dollars, in all, until authorized by a majority of the
legal voters of said corporation, to be determined by ballot,
for which at least ten days' notice shall be given in the same
manner as other elections.
§ 17. Copies of all ordinances passed by the board of
trustees shall be posted up in three of the most public places
in the town ; and every ordinance shall take eiiect five days
after such publication, unless otherwise provided in the ordi-
nances. It shall be the duty of the clerk to post notices of or-
dinances, when recpiired by this act to be posted, and to
cause a copy of all such ordinances to be spread on the re-
cords of the town, and to append his certificate thereto, set-
ting forth the time and places and manner of such publica-.
tion ; the production of which certificate, or a certified cojiy
thereof, shall be prima facia evidence of the facts therein
stated, in reference to such publication, in all courts and
places whatsoever.
§ 18, The time for holding the first general election for
officers of said corporation shall be on the first Tuesday in
April next, and regularly thereafter, on the first Tuesday of
A])ril, of each year: Provided^ that if said elections, (»r any
of them, sliould not beheld at the time specified, it shall be
lawful to hold the same at any subsequent day, as early as
practicable, by due notice being given, as herein provided,
by the clerk or by at. least five voters of the town.
§ 19. The first regular election for presideiit and trug-
tees shall take place on the day and time of day herein be-
fore provided for, at such ])lace in the town of Elk ITart
City as sliall be selected by a majority of the legal voters
present; and said legal voters shall have power to choose
two of their nunaber to act as judges, who shall elect a clerk,
and who shall proceed to be sworn, as herein required, and
shall conduct said election as required by this act, shall can-
vass the votes and make certificates, under their hands and
TOWNS. 623
seals, of the persons elected, and deliver the same to them,
and make such other returns as are required l)y this act, to
the county clerk of Logan county or the board of trustees,
at their first annual meeting, as the case may require.
§ 20. T!:e reguhir tinie of meetino: of the board of *^f''""f°f''°"d
1111^111 1 • r- • 1°^ trustees.
trustees shall be tixed by them at their first meetmg, and
the same shall be entered upon the records of the town, and
published as other ordinances.
§ 21. The board of trustees shall have power to provide ^pe,l'or°'viok^
for the punishment of persons who may be guilty of afi'rays, ting ordinances,
assaults and batteries, quarrels and other oflenses against
the peace and good order of the town, and shall have the
right to recover penalties therefor, to the same amount, and
in the same manner as provided by the statutes of this state
in the same kind of cases : Provided, that in such cases the
justice of the peace may issue his writ on the making of
the proper complaint, and the offending party or parties
shall be brought forthwith to trial ; such suits to be com-
menced in the name of "The President and Board of
Trustees of the Town of Elk Hart City ; " and in said writ
shall be designated the chapter and section of the ordinance
against M'hicli the said party or parties have ofiended.
§ 22. All actions for fines, penalties or forfeitures, accru- Recovery of fine,
ing for breach of any ordinance of said town, shall be in-
stituted and prosecuted in the name of " The President and
Board of Trustees of the town of Elk Hart City," upon
complaint of any person, before the justice of the peace of
said town, by action of debt. The ordinary process shall be
by summons, except in such cases as are provided for in the
foregoing sections, and in cases where the party complain-
ing shall state, under oath, that he has good reason to be-
lieve the party accused to have committed a breach of an
ordinance of the corporation, and, that he believes
the party accused is about to abscond or depart with-
out the limits of the corporation, or has so absconded or
departed, then the justice of the peace may issue his war-
rant, returnable forthwith. The party accused, in all such
cases, shall remain in the custody of the officer until such suit
is disposed of, and the fine and costs, if any imposed upon
him, paid or otherwise discharged, according to law, unless
he saall enter into recognizance, with good security, before
final judgment in the cause before the justice of the peace,
in double the amount of the penalty that may be inflicted
upon him, conditioned that he will pay the judgment and.
costs that may be rendered against him, and, in default of
such bail, the officer may commit the party accused to the
common jail of the county until the case shall be heard.
The justice of the peace shall grant but one continuance in
favor of the plaintift", where the adverse party is under ar-
rest. The recognizance shall be filed in the office of the
624 TOWNS.
justice of the peace, and, in case of forfeiture, shall be
transmitted by hiin to the clerk of the board of trustees.
Jurisdiction of the § -^- The towD coustablc aiid towu justicc of the pcacB
constable ami shall liavc the samc general jurisdiction and authority,
peaie^ " '^ within the county of Logan, that constables and justices of
the peace have nnder the general laws of the state, and
shall be subject to the same liabilities ; and constables shall
have exclusive authority to serve all writs whei-ein the or-
dinances of the town have been violated, except in cases of
his absence or inability to serve, when any other constable
hi said town may act ; and said justices of the peace may
appoint special constables, as is now provided b}' law in the
case of other justices of the peace.
Town attorney. § -i- The board of trustces shall havc powcr to appoint
an attorney, to attend to all suits for the breach of ordi-
nances and other interests of the corporation, and shall
have power to provide for the taxation of his fees in each
suit, not to exceed five dollars, and for the recovery of the
same, with other costs of suit.
impriseuraent of § 25. The board of trustees shall have power to jirovide
offenders. £^^. ^j^^ punislimeut of offcndcrs, by imprisonment in the
county jail, in cases where such offenders shall fail or refuse
to pay any tine or forfeiture recovered against them for the
breach of any ordinance of the town: Provided^ that such
imprisonment shall not be of longer duration than at the
rate of twenty-four hours' imprisonment for every two dol-
lars of the fine and costs.
§ 26. ISTo fine for the breach of any ordinances shall ex-
ceed one hundred dollars, nor imprisonment for like offense
thirty days.
Road tax. § 27. The inhabitants of said town shall be exempt from
working on any road beyond the limits of said corporation
and from paying taxes to procnre laborers to w^ork upon the
same. The board of trustees shall have power, for the pur-
pose of keeping lanes, alleys and streets in repair, to require
every able bodied male inhabitant of the town, except as
herein provided, over the age of twenty-one, to labor on
the same, not exceeding three days in each year; and per-
sons neglecting or refusing to do so, after having been noti-
fied by the commissioners, shall forfeit and pay one dollar
and twenty-five cents for every day he shall have been re-
quired to work and so neglected or refused to perform:
Provided^ that any person may be exempted from such
labor, by paying to the street commissioner the sum of one
dollar for each day he may be required to work, when
called upon to perform the same.
§ 28. This act shall take effect and be in force from and
after its passage.
ApriiovED February 22, 1861.
TOWNS. 625
AN ACT to incorporate the To^vn of El Paso. ^ foi'ce Febi-uary
ia, lool.
Section 1. JSe it enacted hy the Peojjle of the State of ■
Illinois, represented in the General Assembly, That the
inhabitants and residents of tlie town of El Paso, in the
county of Woodford, are hereby constituted and dechired a
body 'corporate and politic, by the name and style of " The Name and style.
President and Trustees of the Town of El Paso," and by
that name shall have perpetual succession ; and may have
and use a common seal ; have power to sue and be sued,
plead and be impleaded, in all courts and places where
justice is administered, in all actions whatever ; to purchase,
receive and hold property, both real and personal, in said
city; to purchase, receive and hold property, both real and
personal, beyond the limits of said town, for burial grounds,
and other public purposes; to sell, lease and convey property,
real and personal, for the use of said town ; to protect and
improve any such pro]5erty, as the public good may require.
§ 2. The boundaries of the said town shall be as defined Boundaries.
by last ordinances of the board of trustees thereof; and the
said ordinances are, in that respect, legalized and confirmed.
And whenever any tract of land, adjoining said town, is
laid oft'" into town lots and recorded, the same shall be
attached to and form a part of the same.
§ 3. The government of said town shall be vested in a Trustees.
president and four trustees ; the said trustees to be elected
annually by the qualified voters of said town; and no person
shall be a trustee unless at the time of his election he shall
have resided in said town for the space of six months ;
twenty-one years of age, and a citizen of the United States;
and upon his removal from said town he shall vacate his
ofiice.
§ 4. The board of trustees shall determine the qualifi- Duties of the trus-
cations' of its own members, and all cases of returns and
elections of their own body ; a majority shall constitute a
quorum, but a smaller number may adjoi^i"n, from day to
day, and compel the attendance of absent members, under
such penalties as may be prescribed by ordinance; shall
have power to determine the rules of their own proceedings,
punish a member for disorderly conduct, and, with the con-
currence of two-thirds, expel a member.
§ 5. The president and each of the trustees shall, before official oaths,
entering upon the duties of his office, take an oath to per-
form the duties of his office to the best of his knowledge
and abilities ; and there r.hall be at least one reo-ular meetino^
of said trustees in each month, at such times and places as
may be prescribed by ordinance,
§ 6. The boundaries of said town, as herein defined, or J"^*''=^ ^"^^ ^^^
11 /■ Tr-ii 1. Ill • peace and con-
as may be hereafter defined by ordinance, shall constitute a stable.
district for the election of one justice of the peace and one
town constable, who shall be elected by the qualified voters
TOWNS.
Assessment.
of said town, at the same time and place at whicli the trus-
tees are elected ; and the said justice of the peace shall give
bond and quality as other justices are required by law to
do ; and he shall be, ex o^cio^ president of the board of
trustees, shall have the right to give the casting vote in case
of a tie, and shall possess the same qualifications as are
required of a trustee by the third section of this act, and if
he shall remove from said town his oftice shall be vacated.
§ 1. If two or more persons shall receive an equal num-
ber of votes for the ofhce of justice or constable, the board
shall proceed to determine the same by lot; and all contested
elections shall be determined as prescribed by ordinance.
§ 8. On the first Monday in the month of April, a. d,
1859, and on the first Monday in April in each year thereafter,
an election shall be held in said town for one justice of the
peace, one town constable and four trustees as aforesaid,
who shall hold their offices for one year, and until their
successors are elected and qualified ; which first election shall
commence at ten o'clock in the forenoon, and close at four
o'clock in the afternoon of said day ; and any two of the
present ^trustees shall be judges of said election, who shall
appoint their own clerks, receive and canvass the votes,
declare the result, furnish to each of the persons elected a
certificate of his election, certify the votes for justice of the
peace to the clerk of the county court, and lay the poll
book of such election before the board at its first meeting.
All subsequent elections shall be held and conducted and
returns made as may be prescribed by ordinance.
§ 9. All free white inhabitants of said town shall be
entitled to vote for town officers who are qualified to vote for
state officers, and who shall have resided in said town one
month next before any such election.
§ 10. The president and trustees shall have power and au-
thority to levy, asses and collect a tax upon all property, real,
personal and mixed, in said tuwn, Avliich is now or may
hereafter be subject to taxation for state or county purposes,
not exceeding one-half of one per centum per annum upon
the assessed value thereof; and may assess and enforce the
collection of the same, by any ordinances not repugnant to
the constitution of the United States; or the trustees may,
if they think proper so to do, by ordinance, adopt the annual
assessment made of the property in said town by the county
assessor, and cause the same to be collected by the county
collector.
§ 11. If the president and trustees of said town shall
determine to adopt the assessment made by the authority of
the state and county, they shall give to the clerk or other
officer whose duty it is by law to extend the tax by existing
laws, notice of their intention so to do ; which notice shall
be a copy of their records, and also the rate of taxation ; and
upon the receipt of such notice the said tax shall be exten-
TOWNS.
627
ded and collected, and its collection enforced, in the same
manner as other revenue ; the clerk and collector shall be
allowed the same compensation for s-ervices under this act
as are allowed them for similar services under the revenue
laws of the state: Provided, that nothin.i]^ contained in this
act shall be so construed as to prevent the said corporation
from providing for the assessment and collection of such
taxes by ordinance.
§ 12'. The said board shall have power to appoint such Town officers.
officers as may be judged necessary for carrying into etfect
tlie powers conferred upon said corporation by this act, and
to require them to give such bonds, with such security, and
take such oaths as may be judged necessary to insure a
faithful performance of their respective duties; and shall
have power to appropriate money, and provide for the pay-
ment of 'the debts and expenses of the town.
To make regulations to secure the general health of the n«aith.
inhabitants of the town; to declare wliiit shall be deemed a
nuisance, and to prevent and remove the same.
To open, abolish, alter, widen, extend, establish, grade or streets.
otherwise improve and keep in repair streets, alleys and
lanes in said town, and erect, maintain and keep in repair
"tI ^provide for the erection of all needful buildiugs,_for ^-^^'^ '^-^-s^-
the use of the town, and to provide for the inclosing,
laying off, improving and regulating, all public grounds,
squares and burial grounds belonging to the town.
To license, tax and regulate auctioneers, merchants, retail- License.
ers, grocers, taverns, eating houses, peddlers, brokers and
mon?^^ changers, but not to license the sale of intoxicating
drinks. ' _,..,.
To license, tax and regulate theatrical and other exhibi- shows.
tions, shows and amusements.
To restrain, prohibit and suppress tippling houses, dram Disorderly houses
shops, gaming houses, bawdy houses and other disorderly
houses.
To provide for the prevention and extinguishment of nres. Fires.
and oriranize and establish fire companies.
To regulate partition fences, and provide for the inspec-
tion and weighing of hay and stonecoal, and for the meas-
urement of wood'and fuel, to be used in said town.
To provide for taking the enumeration of the inhabitants census.
of said town.
To regulate the election of town officers, define their
duties, and provide for the removal of any person holding
an office under the ordinance.
To fix the fees and compensation of all town officers, Fees of officers.
jurors, witnesses and others, for services rendered under
this act or any ordinance.
To impose fines, penalties and forfeitures for the breach Fires.
of any ordinance, and to provide for the recovery and
62S
TOWNS.
Running at large
of stock.
appropriation of sncli fines and forfeitures and tlie enforce-
ment ot such penalties.
To prevent the incumbering of the streets, squares, lanes
and alleys of said town ; to protect shade trees ; to compel
persons to fasten horses, mules and other animals attached
to vehicles, while standing upon any square, street, lane,
alley or uninclosed lots; to prevent the running at large o
horses, cattle, hogs, sheep or animals, and provide foi^ dis-
training and impounding the same, and to provide for the
sale ot the same for any penalty incurred, and to impose
penalties upon the owners of any such animals for the
violation of any ordinance in relation thereto.
To prevent the running at large of dogs, and to provide
for the destruction of the same when running at large con-
trary to ordinance.
To prevent the firing of squibs, rockets, guns or other
combustibles or firearms, within the hmits of said town.
§ 13. The president and board of trustees shall have
power to make all ordinances which shall be necessary and
proper for carrying into execution the powers speciiied in
this act, so that such ordinances shall not be repuguant to
W^ie constitution of this state and of the United States.
The style of the ordinances of the town shall be: ''Be it
orclained hy the President and Trustees of the Town of El
Fasof^ and all ordinances shall, within one month after
they are passed, be published in a newspaper printed in
said^ town, or, if no newspaper is printed in said town, by
posting copies of the same in four public places in said
towii; and the certificate of the publisher of such newspaper
or ot the clerk of the board, under the seal of the corpora-
tion, shall be prima facie evidence of such publication. jN^o
ordinance shall take efiect until published as aforesaid.
§ 14. All ordinances may be proven by the seal of the
town ; and when printed or published in book or pamphlet
fonn, and purporting to be printed or published by authority
ol the corijoration, the same shall be received as evidence
m all courts and places without farther proof.
§ 15. The president of the board shall preside at all
meetings of the board, when present, and in case of his
absence at any meeting the board may elect a temporary
chairman. He shall at all times be vigilant in enforcing
the laws and ordinances for the goverinnent of the town,
lie shall inspect the conduct of all subordinates, and cause
negligence and willful violation of duty to be punished,
lie shall have power and authority to call on all male
inhabitants of' said town, over the age of eighteen years, to
aid in enforcing the laws and ordinances, and, in case of a
not, to call out the militia to aid in sup])re8sing the same,
or in carrying into efiect any law or ordinance ; and any
person who shall fail or refuse to obey such call shall forfeit
and pay to said corporation the sum of five dollars.
TOWNS. 629
§ 10. The said president shall be commissioned by the Justice of the
governor as and he shall have and exercise the same power ^^''"^^'
and jurisdiction conferred npon other justices of the peace
by the laws of this state, and shall have exclusive jurisdic-
tion in all cases arising under the ordinances of the coi'po-
ration, and shall receive the same fees and compensation
allowed for similar services, under the laws of this state, to
other justices of the peace; and for any willful and corrupt
oppression, malconduct or partiality, or palpable omission
of duty in his said office, may be indicted in the circuit
court of Woodford connty, or such other county as the
said town of El Paso may hereafter be attached to in con-
sequence of the formation of new counties, and, upon con-
viction, shall be lined in a sum not exceeding one hundred
dollars ; and the court shall have power, upon the recom-
mendation of the jury, to make his removal from office a
part of the judgment.
§ 17. The president and trustees shall have power, by special tax.
ordinance, to levy, assess and collect a special tax on the
holders and owners of lots upon any street, square, lane or
alley, or upon any part of any street, square, lane or alley,
according to their respective fronts owned by them, for the
purpose of grading, planking or paving such square, street,
lane or alley, to be collected as other taxes are collected by
the provisions of the tenth and eleventh sections of this act,
or as may be provided by ordinance.
§ 18. The president and trustees, for the purpose of keep- Road labor.
ing the streets, alleys, lanes, avenues and highways in repair,
to require every male inhabitant of said town, over the age
of twenty-one years, to labor on said streets, lanes, alleys,
avenues and highways, three days in each year; and every
person failing or refusing to perform such road labor, after
being notified as may be provided by ordinance, shall forfeit
and pay one dollar per day for each day so neglected or
refused.
§ 19. The president and board of trustees shall have Penalties and
power to provide for the pnnishment of the offenders against p"'"'^°^«°'"-
any ordinance, in the county jail, in all cases where such
offenders shall fail or refuse to pay the fines and forfeitures
which may be recovered against them.
§ 20. The inhabitants of said town shall be exempt
from the performance of road labor, and the payment of
road tax levied by authority of the county court ; and the
entire jurisdiction and control of the roads, highways and
bridges in said town shall be held and exercised by the
president and trustees as aforesaid.
§ 21. All writs for the recovery of penalties for the Form of writs,
breach of any ordinance of said town shall be in the form ^'^'
of an action of debt before the president of the board, or,
in case of his absence or inability to act, before some other
justice of the peace of said town ; and changes of venue
630
TOWNS.
Appeals. and appeals shall be allowed in cases commenced before
the said president of the board of trustees as in other
cases before other justices of the peace : Frovided, the said
corporation shall be allowed to appeal in any case in which
they are parties, by causing their secretary to execute a
bond, in the name of said corporation, in the form now pre-
scribed by law in other cases, without other security ; and
an order entered npon the records of said corporation,
directing said appeal, shall be sufficient evidence of the
anthority of said secretary to sign the bond.
Constable. § 22. The town constable elected under the provisions
of this act shall have power and authority to execute all pro-
cess issued for the breach of any ordinance of said town,
and for that purpose his power and authority shall extend
over the county of Woodford, or such county as the
town of El Paso shall hereafter be situated, in consequence
of the formation of ncM-- counties, and shall have the same
power, jurisdiction and authority, within the limits of said
town, as other constables under the laws of this state, and
shall give bond and qualify as the said board shall by ordi-
nance prescribe.
Suits at law. § 23. All suits for fiucs and penalties in and [incurred]
for the violation of any ordinance shall be in the name of
" Town of El Paso ;" and the said corporation shall have
power to regulate, by ordinance, the form and nature of the
first and of any subsequent process, and the mode of exe-
cuting the same.
comrion schools. § 24. The president and trustees of said town shall have
jurisdiction of common schools within said town, and shall
have power to assess and provide for the collection of taxes
for the erection of school houses, the support of schools,
and furnishing the said school houses, the employment of
teachers and the payment of the same.
And he it further enacted, That all acts amendatory to
the act incorporating the town of Carlinville, in Macoupin
county, in this state, approved Eebruary ninth, a.d. 1S53,
be and the same are hereby applied with equal force and
virtue to the town of El Paso.
§ 25. This is declared to be a public act, to take effect
from and after its passage.
Appkoved February 22, 1861.
^"^"irrsilr''"^ an act to authorize the inhabitants of the Toavii of Galatia to incorporate
' ■ under the gcueral laws.
Section 1. Be it enacted hj the Peoj^Je of the State of
Illinois, re])resented iit the General Assenibly, Tiiat tlie
inhabitants of the town of Galatia, in Saline county, may
TOWNS. C31
become incorporated under the provisions of the general
laws of this state providing for the incorporation of towns,
notwithstanding their want of population.
§ 2. This act sluiU take effect fruni and after its passage.
Appkoved February 21, 1861.
AN ACT entitled au act to vacate the town plat of the Town of German- in force Febimary
town, in the county of La Salle. 22, 1S61.
Section 1. Be it enacted hj the People of the State of
Illinois, represented in the General Assembly^ That the
town plat of the town of Germantown, in the county of
La Salle, be and the same is, to all mtents and purposes,
hereby declared vacated.
Approved February 22, 1861.
AN ACT for the relief of the inhabitants of township ten south, of range In force February
nine east, in Gallatin county. ^^> ■'^^^^•
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly, That there
shall be paid out of the treasury of this state, from any
money in the treasury not otherwise appropriated, to the
, trustees of schools of townsliip ten south, of range nine
east, for the use of the inhabitants of said township, the
sum of fourteen hundred dollars, which amount shall be
paid into the treasury of said township, and used and held
as a township school lund.
§ 2. The said payment shall be in full satisfaction^ of
the claim in favor of said township for the sixteenth section
in the said township, which was sold by the state as saline
lands.
Appeoved February 21, 1861.
AN ACT making an act entitled "An act incorporating the Town of Jersey- In force February
ville," approved February 14th, a.d. 1855, applicable to the Town of Gran- -i' ^^'^^•
ville.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That all the
rights, powers and privileges conferred upon the town of
632 TOWNS.
Jersejville by an act entitled "An act to incorporate the
town of Jersejville," approved Febrnary 14th, 1855, are
hereby dechired apphcable to the incorporated town of
Granville, in the connty of Putnam.
§ 2. This act to take effect and be in force from and
after its passage.
Appeoved February 21, 1861.
In force March AX ACT to establish the town of Hydepark, in Cook county.
81, ISCl. ^
Section 1. Be it enacted hj the People of the State of
Illinois^ represented in the General AssemUy^ That all that
Town limits. district of country, in the connty of Cook, and state of Illi-
nois, embraced within the following limits, to-wit : All of
fractional section two, all of fractional section eleven, all of
fractional section twelve, the east half of section three, the
east half of section ten, fractional section thirteen, section
fourteen, the east half of section fifteen, the east half of
section twenty-two, the whole of section twenty-three, frac-
tional 'section twenty -four, sections twenty-five and twenty-
six, the east half of section twenty-seven, the east half of
sec'tion thirty-four, and the whole of sections thirty -five and
thirty-six — all in township thirty-eight north, range four-
teen, east of the third principal meridian: also, fractional
sections nineteen, twenty-nine, thirty and thirty-two, and sec-
tion thirty-one — all in township thirty-eight north, range
fifteen east of the principal meridian, is hereby erected into
and the same shall hereafter form and constitute a town, by
Corporate name the name of " Hydepark," with all the powers, privileges,
andpo,vers. rights and immunities of towns organized and existing
nnder and by virtue of an act entitled "An act to provide
for township organization," approved February 17th, 1851,
and the several acts amendatory thereof, including those
acts relating especially to the said county of Cook. The
portions of territory or country, hereinbefore described, and
which heretofore have formed a part of the town of Lake,
in said county of Cook, are hereby separated from said town
of Lake, and shall hereafter form no part of said town of
Lake.
|j First town meet- § '^\ The clcrk of tlic county court of said county of
:, '"=• Cook is hereby authorized and directed to make out notices,
j designaling a suitable place for holding the first town meet-
1; ing in^ said town of Hydepark, and to cause the same to be
i posted up in not less than three of the most public places in
I said town of Hydepark, and not less than fifteen days be-
j fore the first Tuesday of April next.
TOWNS. 633
§ n. Oil the first Tuesday of A})ril next, a town niectin;!; Eiec.ion.
sluili he lie!d in said town of llydepark, for the election of
all Siicii ollicers as are provided to be elected by the laws of
this state relatin<; U> township ori>;anization ; which sail
othcers shall hold their respective otiices until the next regu-
lar annual election for town officers in the other towns of
said county of Cook, as provided by kiM-; after which the
time of the election and the term of office of the towa
officers of the said town of llydepark sliall be the same as iti
the other towns of said courity of Cook: Provided^ hoicevei\
that justices of the ]jeace and constables shall hold their
offices, respectively, Ibr the term of four years, and until
their successors shall be elected and qualified, as^now pro-
vided by law.
§ 4. The pupervisor, assessor, and collector of said town Ro.irdoftnistBeg.
of llydepark, and their respective successors in office, are
hereby constituted and declared to be, ex ojficio, a hoard of
trustees for said town of Hydepark ; which said board shall
liave power, from time to time,
J^^if.'^L — To cause any street, alley or highway to be paved, i™prr.vci-ieTit of
macadamized or planked, and keep the same in repair.
jSecoyid. — To cause cross-walks and side-walks, main drains
and sewers, private drains and acjueducts, to be constructed
and laid, relaid, cleansed and re23aired, and regulate the
same.
Third. — To grade, improve, protect and ornament any
public square, public ground or park, now laid out, or here-
after to be laid out in said town.
§ 5. The expenses of any improvement mentioned in ^Bsessmenti.
the foregoing section shall 1)G assessed upon the real estate
in said town of llydepark, benefited thereby, v.-ith the
costs of the proceedings therein, in proportion, as nearly as
may be, to the benefits resulting thereto.
§ 6. The amount to be assessed for any such improve-
ment shall be determined by the said board of trustees, and
they shall, by ballot, appomt, by a nui.jority of said board,
three respectable freeholders of said town of Plydepark,
to make such assessment. The commissioners thus ap-
pointed shall be sworn faithfully and impartially to execute
their duty to the best of their ability.
§ 7. Before entering upon their duties the commission- ""'i«°''"»"""s
ers shall give six days' notice, l)y posting up notices in three
of the most public places, in said town of Hydepark, of the
time and place of meeting, to all persons interested; and they
may, if necessary, adjourn trom day to day. Tlie commis-
sioners shall assess the amount directed by the said board
of trustees to be assessed upon the real estate by them
deemed benefited by any such improvement, in proportion
to the benefit resulting thereto, as nearly as may he, and
briefly describe in the assessment roll to be made by them
the real estate in respect to which any assessment is made.
—56
Goi TOWNS.
Afsofsincnistoie s g^ Wlieii tliG commissioiicrs shall have completed
eniii to tov.ii , «-\ , 1 ^ -I 1 !■ 1
ckvk. tlioir assessiiiciit and iraae a correcteu copy thereoi, tliey
shall deliver the same to the town clerk of said town of
Iljdepark, within forty days after their appointment, signed
by all the cotnmissioners. The town clerk shall, thereup-
on, cause notices to be posted up in three of the most public
places of the said town of Ilydepark, for the space of six
days, to all persons interested, of the completion of the as-
sessment, and the filing of the roll. Time and place shall
be designated therein for hearing objections.
j^,,j,e.j.s_ § 9. Any person interested may appeal to said l)oard of
trustees for the correction of the assessment. Appeal shall
be in M'riting, and filed in the town clerk's office within six
days after' the notices shall have been posted np, as provided
in the foregoing section. The board of trustees may ad-
journ 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 amend 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 par-
ties interested, if confirmed. When confirmed the assess-
ment shall be collected, as hereinafter provided, and no
appeal or writ of error shall lie, in any case, from such
order and determination. If any assessment be set aside,
by order of any court, the board of trustees may cause a
new one to be made, in like manner, for the same purpose,
fur the collecting of tlie amount so assessed.
S 10. If any vacancy happen in the office of commis-
sioner, at any time, by reason of removal, failure, or refusal,
or inability from sickness, or other cause, to serve, the board
of trustees may till such vacancy.
§ 11. If tlie 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,
ratably, to those by whom it was paid.
oiriciai oaihB, § !-• Commissioners appointed under this act may be
sworn into office by the town clerk ; and said commissioners
shall Ije allowed two dollars per day, each, for actual service,
which, together with all otlier expenses in relation to any
assessment nuide in pursuance of this act, shall be deemed
part of the expenses of the inipi'ovement and included
therein.
„ , r § 13. When the said assessment shall have been con-
J;>\ wanani of o _ , ■, -. 111111 • 1
county cicru. firmed, as herembeiore pruvuied, it shall be the duty oi the
town clerk to file the same in the office of the clerk of the
county court of said county of Cook ; and it shall be tlie
duty of the said clerk of the county court, in the warrant
next thereafter to be issued for the collection of state and
county taxes ■levied ujion the real estate in said town o'i
Ilydepark, to set down, in a column for that purpose j^ro-
TOWNS. C35
vided, opposite tlie several lots, pieces, or parcels of real
estate uptui which assessments have been made, for bene-
Hts, as hereinbefore provided, tlie amounts of said assess-
ments, respectively; and it shall, thereupon be the duty of the
collector of taxes for tlie state and county to collect the said
assessments, and enforce the payment thereof, in the same
manner and with all the rights, power and authority that he
has to collect state and county taxes, and shall pay the same
over to the officer entitled to receive the town tax, at the
same time that he is required to pay over the county reve-
nue; and the proper court of said county shall render judg-
ment against and order the sale of any lot, piece or parcel
of real estate, for the non-payment of the said assessment
and costs, in the same manner a,s is or may be provided for
state and county taxes ; and judgment shall be rendered for
the aggre^gate amount for county, state and other taxes, and
the assessment aforesaid. The sale shall be conducted upon
the same notice and judgment and in the same manner as is
or may be provided by law for state and county taxes ; the
right of redemption shall exist and be exercised in the same Redemption.
manner, and deeds for property sold for any assessment
levied under this act shall be executed by the same persons
and shall have the same effect as evidence as deeds executed
in pursuance of the laws now in force or hereafter to be
enacted providing for the collection of state ar.d county taxes
in counties adopting the township organization. The col- collector's fees.
lector shall receive the same compensation for the collection
of said assessment as is allowecl for the collection of the
state and county revenue, to be paid out of the funds of the
said town of Ilydepark, and he shall be liable, on his bond,
for the faithful performance of the duties required under
this act.
§ li. The present assessor of the town of Lake shall Assessor.
continue to be assessor for the towns of Lake and Ilydepark
until the next regular election of officers for the said town
of Lake, anything herein contained to the contrary not-
withstanding; and nothing in this act contained shall be
construed so as to affect or interfere, in any manner, with
an}'' preceedings now pending or heretofore commenced by
or before the present or former commissioners of highways
of the town of Lake, in laying out or opening a public high-
way from or near the center of section two, in township
thirty-eight north, range fourteen east ; thence south, through
the center of sections eleven, fourteen and twenty-three, to
or near the center of section twenty-six ; thence in a south-
easterly direction, along the south side of the Pittsburg,
Fort Wayne and Chicago railroad, to Ainsworth Station,
which was surveyed by Edmund Bixl)y, or in laying out or
opening any other public highway.
§ 15. This act to be a public act, and to take effect and
be in force from and after the thirty -first day ol March next.
Approved February 20, 1861.
636 TOWNS.
In force February AN ACT to incorprirp.te tho town of Harrisburg, Saline county, Illinois.
21, ISGl.
Section 1. Be it enacted hy the Peni^le of the State of
JUinois^ rejyreaenttid in the General Assembly, That tlie in-
liabitaiits of the town of Harrisburs:, Saline county, Ilh'nois,
are liereby constituted a body politic and corporiitc, by the
Corporato name. nauiB and stylc of "' Tlic Towu of IlariisbuFg ;" and, by
that name and style, shall have perpetual succession, and
may have and use a common seal, which they may change
ana alter at pleasure.
General powera. § '^- Tlio inhabitants of Said town, by the name and
style aforesaid, may sue and be sued, plead and be implead-
ed, defend and be defended, in all courts of law or equity,
and .in all actions whatsoever , and may purchase, receive
and hold property, real and personal, within or beyond the
limits of said town, for burial grounds and for other pub-
lic purposes, for the use of the inhabitants of said town ;
and may sell, lease and dispose of property, real and per-
sonal, for the benefit of said town, and improve and protect
such property, and do all things in relation thereto as natural
persons.
Doundaiiea. ^ 3. Tlie boundai'ies of said town of Harrisburg shall
consist of and include all that district of country in the coun-
ty of Saline, state of Illinois, and described as follows, to
wit : The southwest quarter of the northwest quarter and the
northwest quarter of the southwest quarter of section lifteen,
and the southwest quarter of the northeast quarter and the
northeast quarter of the southeast quarter of section sixteen,
in township nine south, of range six east, and all additions
that may hereafter be made to said town.
Board of trustees. | 4. Thcro sliall bc a board of trustees, consisting of a
president and four trustees, to be chosen by the qualilied
voters, who shall hold their offices for the term of one year,
and until their successors are elected and qualilied.
§ 5. No person shall be elected president or trustee of
said town who sliall not be qualilied to vote for state and
county officers, and for trustees of said town. That at any
election for trustees every person who shall be qualitied to
vote for state officers and who shall have resided within the
limits of said corporation for six months previous to such
election may enjoy the right of an elector.
Quorum. § 6. A majority of said bc»ard shall constitute a quorum
to do business, but a smaller number nuiy adjourn, from day
to day, and compel the attendance of absent members, under
such penalties as nuiy be prescribed by ordinance.
offi.i.u oatiis § '^- The president and each mctuber of the board, be-
fore entering upon the duties of tlieir office, shall take and
subscribe ;ra oath that they will support the constitution of
the ruited States and of this state nr^l that they will well
and truly perform the duties of their office to the best of
their skill and abilities.
TOWNS. 637
§ 8. There shall be twelve stated meetings of the hoard stated metiuigs.
in each year, at such times and places as may be prescribed
by (jrdinance, and may hold adjourned meetings, to attend
to uniiiiished business. The president shall preside at the
meetings of the board, and shall give the casting vote and
none otlier. The president, or any two of the board, may
call a special meeting of said board.
§ 9. That the pi'esidcnt and trustees shall be judges of ^'-^^''^e"'-
the elections, qualilications and returns of their own mem-
bers— a majority of wdiom shall constitute a quorum to do
l)usiness, but a smaller number may adjourn, from day to
day, and compel the attendance of absent members, in such
manner and under such penalty as they may provide, and
punish their members for disorderly conduct, and by vote of
three-lifths of the whole number elected expel a member ;
and make such other rules and regulations for their govern-
ment as to them may seem proper and expedient; and shall
have power to 1111 any vacancies in the board of trustees,
occasioned by death, resignation, removal or continued ab-
sence from town for three months or otherwise.
§ 10. On the fourth Monday of March next and on the "^"""^^ elections.
fourth Monday of March of each year thereafter an election
shall be held in said town, for president and trustees, live
days' notice thereof liaving been previously given.
§ 11. The president and trustees of said town shall have
power,
1st. To cause all the streets and alleys and public lanes ^'"'^^'^ ^'^'
within the limits of said town to be kept in good repair ; and
to this end they shall require every male resident of said
town, over the age of twenty-one years, to labor on the
same, not exceeding three days in each year ; and, if such
labor be insufficient for that purpose, to appropriate so much
from the general funds of the corporation as they shall deem
necessary therefor.
2nd: To open, alter, vacate, widen, extend, establish,
grade, pave and otherwise improve any streets, avenues,
lanes, alleys and public roads within the limits of said town.
3rd : To make, construct and keep in repair sidcAvalks or
pavements in front of any lot or lots adjacent to [any] street ^''^ewaiks.
or streets in said town, and to levy and collect a tax, from
time to time, upon the lot or lots in front of which such side-
walks or pavements are or shall be ordered and proposed to
be made, constructed or kept in repair, sufficient to pay one-
half the expense of such construction or repair: Provided,
such tax shall be on such lots proportionate to the length of
their respective fronts. And in the event of the neglect or
refusal of the owner or owners of such property to pay the
assessment so made the amount of such tax shall be collect-
ed as hereinafter provided.
4th : To levy and collect taxes upon all property, real and Taxes,
personal, within the limits of said corporation, not exceed-
TOWNS.
ing one-half per cent, per annum npon the assessed value
thereof, and may enforce }»ayment thereof in tlie manner
hereinafter provided.
5th: To restrain, regulate or prohibit the running at large
of cattle, liorses, sheep, swine, goats and other animals, and
to authorize the distraining, impounding and sale of the
same, and to prohibit the indecent exhibition of horses or
other animals.
Otli : To prevent and regulate the running at large of
dogs, and to authorize the destruction of the same when
at large contrary to any ordinance,
Ytli : To prevent horse racing or any immoderate riding
or driving within the limits of said town of horses or other
animals ; to compel .persons to fasten their horses or other
animals attached to vehicles or otherwise, while standing or
remaining in any street, alley or public road in said town.
8th : To establish and maintain a public pound and ap-
point a pound master and prescribe his duties.
9tli : To restrain and prohibit all descriptions of gambling
and fraudulent devices, and to suppress and prohibit billiard
tables, ball alleys and other gaming establishments.
10th : To license, regulate, suppress and prohibit all exhi-
bitions of common showmen, shows of every kind, caravans,
circuses and exhibitions and amusements.
11th : To prevent, suppress and prohibit any riot, affray,
disturbance or disorderly assemblage, assaults, assaults and
batteries, or disorderly conduct or shooting within the limits
of said town,
12th : To abate and remove nuisances, and punish the au-
thors thereof, and to define and declare what shall be deem-
ed nuisances and authorize and direct the summary abate-
ment thereof.
13th : To make regulations to prevent the introduction of
contagious diseases into the town, and execute the same for
any distance not exceeding two miles from the limits
thereof.
11-th : To regulate the storage of gunpowder and other
combustible materials,
15th : To provide for the prevention and extinguishment
of fires, and to organize and establish fire companies.
16th: To provide the town with water, for the extinguish-
ment of fires and for the convenience of the inhalutants.
17th : To provide for inclosing, improving and regula-
ting all public grounds and other lands belonging to said
town.
18th: To provide for erecting all needful buildings for
the use of said town.
lOth : To make all necessary regulations to secure the
general health of the inhabitants thereof.
2<»th: To license the selling, exchanging and traffic of any
wine, rum, gin, brandy, M'hisky, beer or other intoxicating
TOWNS. 689
liquors, Avithin the limits of said town ; and the county court
is prohibited iVoin licensing a grocery in said town or within
half a niile of the same.
21st : To appropriate and provide for the payment of any
debt or expense of the town, and to lix the compensation of
town olhcere.
22nd : To malce all ordinances which shall be necessary ri.iice regulation
and proper for carrying into execution the powers specihed
in this act or Avhicli they may deem necessary or expedient
for the better regulation of the internal police of said town,
and to execute the same, and to impose tines, forfeitures and
penalties for the breach of any ordinance or any of the pro-
visions of this act, and to provide for the recovery and ap-
propriation ot such lines and forfeitures, and the enforcement
of such penalties : Frovided^ that in no case, except in as-
saults or assaults and batteries, riots or alfrays, shall any
such tines or penalties exceed the sum of fifty dollars for any
one otfense.
23rd : That the president and trustees of said town shall To^Yn constable.
have power to appoint a town constable for said town ; also, ,
to appoint a clerk, treasurer, street commissioner, board of
health, and all other officers that may be necessary, and to
prescribe their duties; and may require bonds from the sev-
eral officers for the faithful discharge of their duties, and
may remove any of said officers from office. The president xnwn cieru's du-
and trustees shall require their clerk, and it shall be his ''^^■
duty, to make and keep a full and faithful record of all their
proceedings, by-laws, ordinances, and of the time, place and
manner of the publication of such ordinances and by-laws,
in a book to be provided for that purpose ; and such book,
purporting to be the record of the corporation of the town
of Harris burg shall be received in all courts, without further
proof, as evidence of all such matters therein contained.
And all ordinances, before taking effect, shall be published
at least ten days in a newspaper published in said town, or
by posting up copies of the same in three public places in
said town, and the certificate of the clerk shall be conclusive
evidence of their publication.
24:th : To prevent and prohibit the dangerous construc-
tion and condition of chimneys, flues, fire places, stove
pipes, ovens or any other apparatus, used in or about any
building or manufactory, and to cause the same to be re-
moved or placed in a secure and safe condition, and to cause
such as may be dangerous to be put in safe condition.
25th: To establish and erect markets and market houses Markets, &c.
and other public buildings of the town, and provide for the
government and regulation thereof and their erection and
location, and to authorize their erection in the streets and
a^-enues of the town.
2Gth : To prevent the incumbering of streets, alleys, side-
walks or public grounds with carriages, ^sagons carts, wheel-
OJrO
TOWXS.
Preven'ion
fires.
I'olice niiigistralr.
barrows, boxes, hiniber, timber, fire wood, posts, awnings,
si^ns or any otlier substance or material whatever; to com-
pel all persons to keep snow, ice, dirt and other rubbish from
the sidewalks and street gutters in front of the [)remises oc-
cupied by them.
2Tth : To license, tax and regulate billiard tables, ten-pin
alleys and ball alleys ; to suppress and restrain disordei'ly
houses, tippling shops, bawdy houses, gaming and gambling
houses, lotteries and all fraudulent devices and pi-actices,
and all playing of cards, dice and other games of chance.
2Sth : To regulate the burial of the dead ; to establish and
regulate one or more cemeteries ; to remilate the re^istra-
tion of births and deaths ; to direct the returning and keep-
ing of bills of mortality, and to impose penalties on physi-
cians and sextons and others for any default in the pre-
mises.
29th : To provide for the taking an enumeration of the
inhabitants of the city.
30th : To regulate, prevent and prohibit the use of fire-*
works and firearms.
31st: To prevent the deposit of ashes in unsafe places,
and to appoint one or more ofiicers to enter all buildings
and inclosures to examine and discover whether the same
are in a dangerous state, and to cause such as may be dan-
gerous to be put in safe condition.
32nd: 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 thereof in times of fire, and
to require all owners and occupants of buildings to construct
and keep in repair wells or cisterns upon their premises.
33rd : To regulate and prevent the carrying on of manu-
factories and works dangerous in promoting or causing fires.
§12. The inhabitants (.(f said town are hereby exempt
from working upon any road or highway beyond the limits
of the town and from paying tax in lieu thereof without
said limits.
§ 13. All fines, forfeitures and penalties collected for
ofienses committed within the town shall be i^aid into the
treasury of said town by the ofiicers collecting the same,
and all fines and foifeitures collected of any citizen of said
town, for any conviction in the circuit court, shall be paid
over in like manner,
§ 11:. jVt the same time and ])lace of the first election
of the President and trustees the (puilified voters shall elect
a "Police Magistrate," who shall also be an elector of said
town, who shall hold his office for four years and until his
successor is elected and (jualilied. Elections for police ma-
gistrates and constal)los shall l)e held every four years, from
and after the first regular election. The judges and clerks
of election shall certify, v.iilu'n five days from said election,
to two abstracts of the vo..s cast for police magistrate, to
TOWNS. 641
the county clerk of said county of Saline, one of which
shall be tiled in his office and the other transmitted to the
secretary of state ; and the person receiving the largest
number of votes for police magistrate shall receive a com-
mission from the governor, in due form. Elections for
police magistrate may be contested in the same manner that
the elections for justices of the peace are contested under
the existing laws of this state, or as may hereafter be pro-
vide'd. The police magistrate is hereby constituted a justice
of the peace, and shall qualify as other justices of the peace,
and shall execute bond, with good security, in the same
manner as other justices of the peace, and shall have juris-
diction in said county, in all actions, as other justices of the
peace of said county. He shall have exclusive jurisdiction Jurisdiction or
in all suits for the violation of the ordinances of the corpo- ualf. °"^'*"
ration, except in case of his absence or inability to try such
suit, in which case any justice in said town shall have juris-
diction thereof. He shall have power and it is hereby made
his du^-y, when any person is found guilty of violating any
ordinance, to impose upon him such punishment, by fine or
imprisonment, as may be fixed by ordinance, and none
other, and to order him to be held in custody, by the town
constable, until the fine and costs are paid : Provided, that
no. person shall be fined for violating any ordinance more
than fifty dollars nor imprisoned more than thirty days.
He shall also have power to fine and imprison for contempt
of his court, when in session. He shall hold a session of
his court, for the trial of causes, on every Monday, and
shall keep the same open, from day to day, if necessary,
until all the business before h'm is disposed of; and shall
receive the same fees as justices of the peace. The towu
constable of the town of Harrisburg shall receive the same
fees as are allowed to a constable under the state laws, un-
less changed by ordinance. The town constable is hereby powers and da-
made a conservator of the peace, and shall have power to ties of conatabie.
summon any white male inhabitant of said town, over the
age of eighteen years, to aid him in arresting or securing an
olfender against the laws of this state or any ordinance of
said town ; and any person failing to assist him, when so
summoned, shall be reported by the town constable to the
police magistrate, and punished in such manner as may be
provided by ordinance ; and, before entering upon the dis-
charge of his duties, shall enter into bond, in the sum of one
thousand dollars, conditioned as other constables' bonds,
payable to the town of Harrisburg, and shall take and sub-
scribe the same oath that other constables are required by
law to take. He shall possess the powers and authority of
a constable at common law and under the statutes of this
state, and receive like fees, but shall not serve process issued
by any other officer in said county than the police magis-
trate of said town, without first entering into bond as such
—57
6i2 TOWNS.
constable, to be approved by the county court as in oilier
cases. lie shall execute and return all process issued by any
proper officer under this act or any ordinance in pursuance
coueetor thcrcof. The town constable shall also be collector of the
town revenue, street commissioner and market master, and
shall have power to appoint one deputy, in writing : Provi-
ded, the board of trustees, whenever they deem it expedient,
may appoint some other person to the office of street commis-
^^o^ner. "^°'^''' sioncr aud market master. He shall promptly arrest all vio-
lators of any ordinance and carry them before the police
magistrate, and shall have power to summon witnesses, with-
out written subpoena, to appear and give evidence against
such violators ; and, upon the failure of such witnesses to
attend, the police magistrate shall forthwith issue a writ of
attachment against them. And the police magistrate shall
proceed to the trial of such ofienders forthwith or as suon as
the witnesses can be brought before him, and if either the
town or the offender is not ready for trial the police magis-
trate may continue the trial, not more than three days, and
may admit the offender to give bond for his appearance be-
fore said magistrate at the time named therein, which bond
shall be made payable to the town of Harrisburg and col-
lectable by action of debt, before the police magistrate.
Any person who is fined for breach of any ordinance may
Fines and penal- i' -^ . i i • • -^ _£• ^i ^ j?
ties. replevy the same, by giving security tor the payment oi
such fine and costs, within three months ; and at the expira-
tion of three months, if the fine and costs be not paid, the
police magistrate shall render judgment against the princi-
j^al and his securities and forthwith issue execution thereon,
directed to the town constable ; and any person fined for
violating any ordinance may pay such fine by labor on the
streets of said town, under the direction of the street com-
missioner, in such manner as may be determined by ordi-
nance. The president and board of trustees may, upon any
omission or neglect of duty of the town constable, remove
him from office and appoint his successor. In case the po-
lice justice shall, at any time, be guilty of palpable omission
of duty, or shall willfully or corruptly be guilty of oppres-
sion, malconduct or partiality, in the discharge of the du-
ties of his office, he shall be liable to be indicted in the cir-
cuit court of Saline county, and, on conviction, shall be
fined in any sum not exceeding two hundred dollars, and
removed from office. Changes of venue may be take)) from
before the police magistrate to any justice of the peace of
said town, in the same manner that changes of venue are
now allowed from justices of the peace in all cases over
wliich justices of the peace have jurisdiction ; and appeals
may be taken in the same manner from said police magis-
trate to the circuit court of Saline county as are allowed
by law to be taken from justices of the peace. In case of
the absence or inability to act of the town constable or his
Change of venue.
TOWNS. 643
deputy, the police magistrate may appoint a special consta-
ble, to serve any writ or process. Transcripts may be taken
from judgments of the police magistrate to the circuit court,
in the same manner as from the judgments of justices of the
peace. The style of the ordinances of said town shall be,
^'' Be it ordained hy the President and of Trustees of iJte
Toion of Ilarrisburg .'''' All writs and process issued by
the police magistrate shall run in the name of the " People
of the State of Illinoi&," and be directed to the town consta-
ble of the town of Harrisburg.
OF ASSESSMENT.
The assessor shall prepare an assessment roll with the ^^™ of *ssess-
following caption in substance : "An assessment roll of all
the real and personal property within the limits of the City
of Harrisburg, made by the assessor of said town, for the
year 18 — ," and shall set down in separate columns — First:
The names of all the owners, if known, of the real estate
within the limits of said city. If the owner is unknown it
shall be so stated. Second: The description of the real
estate opposite the name of the owner or the word "un-
known." TJiird: The value of the real estate opposite the
description. Fourth : The amount of tax assessed opposite
the vakie. Said a88€«Bment roll shall also contain, in paral-
lel columns — First : The names of the owners of personal
property subject to taxation, in alphabetical order. Second:
The assessed value of the personal property taxed to each
individual. Third : The amount of tax on each individ-
ual's personal property. After the said assessment roll
shall liave been thus completed the assessor shall attach his
certiticate to said roll, certifying that said roll is true and cor-
rect, according to his best information ; and said roll, so
certified, shall, on or before the second Saturday in July of
each year, be returned to the board of trustees in session or
to the president. Previous to the second Saturday in Au-
gust, of each year, the said assessment roll may be inspect-
ed by any person interested in the same. At the regular
meeting of the board, on the second Saturday in August, of
each year, and not afterwards, the said board shall hear the
application of any person who may consider himself ag-
grieved by the said assessment, and, on being satisfied of any
error therein, they may correct the same. On the return
of said assessment roll to the president or board the town
clerk shall cause to be posted, in three public pLaces in said
town, written or printed notices, that the assessment has
been returned and is ready for inspection, and also of the
time when application may be made for reviewing the
same. Immediately after the second Saturday in August, ''f"*ierk'^*""*°*
of each year, the town clerk shall make out a true copy of
the assessment, to which, after being satisfied that the same
Sal« of property.
^4.4. TOWNi.
is a correct copy, as above, the board of trustees shall an-
nex a warrant, signed by the president, requiring the col-
lector to collect from the several persons the sevei-al amounts
of taxes set opposite their respective names, and pay the
same to the treasurer of the town ; and the said collector
shall, thereupon, attend at some place in said town, for the
purpose of receiving taxes, giving ten days' notice of such
place and the day on which he will attend for the purpose
aforesaid ; and if any resident of said town shall neglect to
pay his tax on the day mentioned in such notice the collec-
tor shall proceed to levy the same of the goods and chattels
of said resident ; and after giving ten days' notice of the
time and place of sale, by posting up a notice thereof in
three public places in said town, shall sell as many of said
goods and chattels as may be necessary to make the amount
of tax and cost. In cases where the owner is not a resident
of the town the collector shall proceed to levy and sell, with-
in ten days after the day iixed in said notice. The said
warrant shall be returnable on the second Saturday in Oc-
tober after the date thereof; at which time the collector
shall return said warrant and tax list to the clerk of the
town and pay over all money by him collected to the trear
surer and take his receipt for the same. In the return to
said warrant the collector shall give a list of the names of
the person whose tax upon personal property he has been
unable to collect, on account of not findiug goods and chat-
tels whei'eon to levy the value of the property assessed and
the amount of the tax thereon, and state in said return that
he has been so unable to collect the tax ; and the board of
trustees may give him credit for the amount of taxes he has
thus been unable to collect. The collector shall also make
a list of the real estate upon wdiich the taxes have not been
paid or collected, and state to whom each parcel of real
estate was assessed, or that the same was assessed to a per-
son "unknown," and describe said real estate, and give the
amount of tax on each parcel. The collector shall return
said list, at the time last aforesaid, with a certilicate, signed
and sworn to by him, that said taxes remain unpaid, and
that he could lind no goods or chattels whereon to levy and
collect the same ; and the board of trustees may credit him
with the amount. The said list shall be evidence of the
taxes and costs due on any real estate in said town ; and
whenever any person, owning real estate in said town, shall
fail to pay the same on or before the second Saturday in
October, of any year, the town collector shall, thereupon,
pi«o««dinB» In proceed to obtain judgment against and to sell said real
^BBot nonpay- q^^.^^q foj. taxcs and costs, in the same manner as is provid-
ed by the revenue law of this state for obtaining judgment
against and selling delinquent lands. All real estate sold
for taxes and assessments, under this charter, shall be sold
and may bo redeemed in the same manner and ujDon the
TOWNS.
€45
same terms as lands are now sold and redeemed in the
cases of sale for state and county taxes; and the deed of
the town collector, for real estate sold under this charter,
shall have the same force and effect as deeds made bj coun-
ty collectors of this state for delinquent lands sold for state
or county tax. In the event the owner or owners of real
estate, against which assessments have been made, under
the provisions of the third clause of section 11, shall refuse
to make payment of such assessment, the board of trustees
shall require the town constable to obtain judgment against
such real estate and make sale thereof in the same manner
as against real estate for taxes. This act is hereby declared
to be a public act, and may be read in evidence in all the
courts of this state, without proof. The president and board
of trustees shall have power to borrow money and pledge Borrowing of wo-
the revenue of the town for the payment thereof: Provided^ "®^"
that no sum or sums of money shall be borrowed at a great-
er interest than ten per cent, per annum : And, '])'''omded,
further, that no money shall ever be borrowed by the board
of trustees unless the ordinance therefor shall first be sub-
mitted and voted for by a majority of the voters voting at
an election for that purpose. The town constable, or his
deputy, shall have power to arrest or cause to be arrested, An-esu.
with or without process, upon view or information, all per-
sons who shall break the peace, or threaten to break the
peace, or be found violating any ordinance of said town,
and may hold such persons for examination, or detain them
in the county jail or other safe place, for the space of thirty-
six hours, and until they can be brought before the police
magistrate. No person shall be incompetent to serve as a
witness or juror in any suit where the town of Harrisburg
is a party, by reason of his being an inhabitant of said town.
An election shall be held in said town, (five days' notice
having been previously given,) on the second Monday in
March next, at w^hicli time all the legal voters residing
within the limits described in the third section of this act
shall vote for or against adopting this charter ; and if a
majority of the votes polled at such election are in favor of
the adoption of said charter, it shall immediately take effect
as law ; otherwise, it shall be of no legal effect. But if a
majority of said legal voters shall not adopt said charter, at
said election, it may be submitted to said voters for adop-
tion at any other time, within twelve months, ten days'
notice having been 2')reviously given.
Approved February 21, 1S61.
In force February
21, 1S61.
TOWNS.
AN ACT granting a new charter to the Town of Illinoistown.
ARTICLE I.
IN CORPOR A TI 0 N.
Section 1. Be it enacted hy the People of the State of
Illinois, represented ' in the General Assemhly, That the in-
habitants and residents of the town of lUinoistown, in the
county of Saint Clair, are hereby constituted and declared
a body corporate and politic, by the name and style of
"The Town of Illinoistown ;" and by that name shall have
perpetual succession, sue and be sued, and complain and
defend, in any court ; may m.ake and use a common seal,
and alter and change the same at pleasure ; may take, hold
and purchase such real, personal and mixed estate as the
purposes ol the corporation may require, within or without
the limits of the town, and may sell, lease and dispose of the
same for the benelit of the town, and to protect and im-
prove any such property, as the public good may require,
and to do all other acts and things in relation thereto that
natural persons might do.
§ 2. The boundaries of said town of Illinoistown shall
be as follows, viz : Commencing at a point where a
continuation of the line dividing surveys No. one hundred
and fifteen (115) and one hundred and sixteen (116) inter-
sects with Cahokia creek, where it now runs, at low- water
mark ; thence, up the meanders of said creek, along the line
of low water mark, to where the division line of between
survey (626) six hundred and twenty six, (claim No. 1316,)
and survey (627,) six hundred and twenty-seven, (claim No.
1837,) intersects said creek; thence, northeastwardly, on a
straight line, along said division line, between surveys 626
and 627, and along its straight continuation, to where it is
intersected by the northeast line of Tenth street, in the town
of East St. Louis, reference being had to the recorded plat
of said town, at the recorder's office of Saint Clair county ;
thence, along said northeast line of said Tenth street, and
on the line of its straight continuation, to where it is inter-
sected by the division line between surve}^ INo. 115 and sur-
vey No. 116, aforesaid ; thence, southwesterly, along said
division line, on a straight line, and along its straight con-
tinuation, to the place of beginning.
§ 3. Whenever any tract of land, adjoining the town of
Illinoistown, shall be laid oti' into town lots and duly record-
ed, as required .by law, the same may, by ordinance, be
annexed to and form a part of said town of Illinoistown.
ARTICLE n.
THE TOWN COUNCIL.
§ 1. The government of said town shall be vested in a
town council, consisting of a president and four trustees.
TOWNS. 647
§ 2. No person shall be a member of the town council
unless he shall be, at the time of his election, a ho7ia fide
freeholder in said town, and shall be at the time of and
shall have been twelve months, immediately preceding his
election, a resident of said town, and shall be, at the time
of his election, twenty-one years of age, and a citizen of the
United States.
§ 3, If any member of the town council shall, during vacancies.
the term of his office, remove from the town or shall be
continually absent from the regular meetings of said town
council for the space of three months in succession his office
shall thereby be vacated.
§ 4. The town council shall judge of the qualifications, Powers ef the
elections and returns of its own members. "^"""^^ '
§ 5. A majority of the town council shall constitute a
quorum to do business, but a smaller number may adjourn
from day to day, and compel the attendance of absent
members, under such fines and penalties as may be pre-
scribed by ordinance.
§ 6. They may punish their members for disorderly
conduct, and,' by a vote of three-fifths of all their members, :
may expel a member from the board. They shall, also, .
have power to remove from office, by a vote of three-fifths
of all the members, any subordinate officer of said town,
who holds his office by appointment of said town council.
§ 7. Ko member of the town council shall, during the
period for which he is elected, be appointed to or be com-
petent to hold any office of which the emoluments are paid
from the town treasury or paid by fees directed to be paid
by any act or ordinance of the town council, or be directly |
or indirectly interested in any contract, the expenses or
considerations whereof are to be paid under any ordinance of
the town council, or be allowed to vote in any matter in
which he is interested personally or pecuniarily.
§ 8. The town council shall keep a journal of its pro- Joumai. j
ceedings, which shall be subject to inspection.
§ 9. All vacancies that occur in the town council shall
be filled by election.
§ 10. Each member of the town council, before en- official oath.
tering upon the duties of his office, and within twenty
daj^s after his election, shall take and subscribe an oath
that he will support the constitution of the United States
and of this state, and will well and truly perform the duties
of his office to the best of his ability, and file such oath
with the town clerk.
§ 11. There shall be at least one regular meeting of
said town council in each month, at such time and place as
may be prescribed by ordinance. Special meetings of said
town council may be called as hereinafter provided for,
§ 12. The first meeting of said council shall be held on
the fourth Monday in April, a. d. eighteen hundred and
sixty-one.
643
TOWNS.
AETICLE III.
POLICE MAGISTRATE AND TOTVX MARSHAL.
Police magis-
trate and town
marshal.
Town marshal.
Police magis-
ti'ate'a duty.
§ 1. There shall be elected in the town of Illinoisto'wn,
by the qualified voters thereof, on the first Monday in April,
A. D. 1861, and every four years thereafter, a police magis-
trate and town marshal, who shall hold their respective
oiBces for the term of four years, and until their respective
successors shall be elected and qualified.
§ 2. No person shall be eligible to the office of police
magistrate or town marshal, who shall not have been a resi-
dent of said town for one year next preceding his election,
who shall be under the age of twenty-one years, or shall
not be a citizen of the United States. Said police magis-
trate shall also be a freeholder of said town.
§ 3. For the election of the police magistrate and town
marshal said town is hereby declared an election precinct ;
and such election shall be conducted in the same manner as
the election of other justices of the peace and constables:
Provided^ such election shall be held at the same time and
shall be conducted by the same judges as the election of
the members of the town council.
§ 4. The police magistrate shall be commissioned by the
governor of the state of Illinois, and shall have the same
qualilications, and be subject to the same requirements and
penalties, have the same rights, privileges, jurisdiction and
duties that justices of tlie peace now or may hereafter have
in the county of Saint Clair, and state of Illinois.
§ 5. Said police magistrate shall have exclusive original
jurisdiction, in all cases arising under the ordinances of the
town.
§ 6. Said police magistrate shall enter into bond for the
faithful perfoi-mance of the duties of his office, in like man-
ner as other justices of the peace under the general law of
the state.
g 7. The town marshal shall have such power and
authority and be entitled to the same fees and be placed
under such bond, conditioned for the faithful performance
of the duties of his office, as may be prescribed by the gen-
eral law of the state for other constables.
§ 8. In case of the absence, inability or refusal of the
police magistrate to perform the duties of his office, it shall
be the duty of any justice of the peace in said town and he
is hereby authorized and empowered, on view or upon
complaint being made to him, in writing, under oath, of the
violation of any law or ordinance of said town, to issue his
warrant, directed to the town marshal or any authorized
})erson, to arrest the offender or offenders and bring him,
ler or them before him forthwith; and, after hearing the
evidence, if it shall appear that the accused shall have been
guilty of the breach of any law or ordinance of said town,
TOWNS. 649
to impose sncli fine or imprisonment, or both, as may be
provided for by such ordinance, in the same manner as the
pohce ma<>:istrate might do.
§ 9. The town marshal and any other authorized officer ^t^y"^^^" '^
of said town, as may be autliorized by any ordinance, shall
have power to arrest or cause to be arrested, with or with-
out process, all persons who shall break the peace or threaten
to break the peace, or be found violating any ordinance of
the town council, for examination, and, if necessar}', to de-
tain over night or Sabbath or until he can be brought before
a magis'irate, and shall exercise such other power, as a con-
servator of the peace, as the town council may prescribe.
§ 10. In case the police magistrate or town marshal shall
fail to file their bonds, as required by sections 6 and 7 of
this article, within twenty days after their respective elec-
tion, their respective offices shall thereby become vacated
and be filled as hereinafter provided.
ARTICLE 4.
§ 1. On the first Monday in April next, an election Annual elections,
shall be held in said town, for the election of the president
and four trustees, who shall hold their respective offices as
follows, viz : the president and two trustees for the term of
two years, and the other two trustees for the term of one
year, to be determined, by lot, at their first meeting ; but
at each subsequent annual election there shall be elected
two trustees, who shall hold tlieir respective offices for the
term of two years ; and at each biennial election, also, a
president, as aforesaid, for the term of two years, as afore-
said— all of whom shall hold their respective offices until
their successors are duly elected and qualified.
§ 2. Said election shall commence at 10 o'clock, a. m.,
and close at 6 o'clock, p. m., on said day, and otherwise be
held, conducted and returns thereof made as may be provi-
ded by ordinance by the present president and truslees of
the town of Illinoistown, subject, however, to the provisions
of this charter in regard to the time, manner and place of
holding elections for town officers. All subsequent elections
shall be held as may be provided by ordinance by the town
council created by this act.
§ 3. All persons who are entitled to vote for state offi- ^"^''tg^g''^"''" *^
cers, and who shall have been actual residents of said town
at least lor three months next preceding any election for
said town officers, shall be entitled to vote at such election.
§ 4. If two or more persons shall receive an equal Tie.
number of votes for the office of police magistrate or town
marshal the town council shall proceed to determine the
same, by lot ; and all contested elections shall be determined
as provided by ordinance.
650 TOWNS.
§ 5. All vacancies in the town council, the town mar-
shal's or police magistrate's office, shall be tilled by elec-
tion, said town council giving ten days' notice of said elec-
tion, within twenty days after the happening of such
vacancy.
Failure to call § ^- In case Said town cooncil ncglcct Or refusc to Call sucli
election. election, as aforesaid, it shall be lawful for any live legal
voters in said town to give such notice of such election to
fill the vacancy, in like manner as if said notice issued from
said town council ; and if an election be tlms called the
I majority of the legal voters assembled at the place and
time appointed for such election shall choose any two of
their number to act as judges of said election, who, after
having been dulys worn as such judges, shall proceed, con-
duct and make returns of said election in the same manner
as judges of the regular annual elections for town officers
for said town.
§ 7. The successful candidate or candidates shall enter
upon the duties of his office as if elected in the regular
manner.
§ 8. ISTo election, under this charter, shall be held in
any building or next adjoining any building where intoxi-
cating or malt liquors are vended by retail.
ARTICLE 5.
OF THE PRESIDENT.
§ 1. The president shall preside at all meetings of the
town council, and shall have a casting vote and no other; and,
in case of his nonattendance at any meeting, the council
shall appoint one of their number chairman, who shall pre-
side at that meeting.
§ 2. The president or any two members of the council
may call special meetings of the town council.
President's duties § '^- The president shall be active and vigilant in en-
forcing the laws and ordinances for the government of the
town. He shall inspect the conduct of all the subordinate
officers of the town, and cause negligence and positive vio-
lation of duty to be prosecuted and punished, and he is
hereby authorized to call on any male inhabitant of said
town, over the age of twenty-one years, to aid in enforcing
the laws and ordinances thereof ; and any person who shall
not obey such call, shall forfeit and pay to said town a fine
not exceeding ten dollars.
§ 4. He shall have power, whenever he may deem it
necessary, to require of any officer of said town an exhibit
of his books and papers, and shall have power to do all
other acts required of him by any ordinance made in pur-
suance of this act.
TOWNS. 651
ARTICLE 6.
LKGISLATIVE POWERS OP THE TOVTN COUNCIL.
§ 1. The town council shall have control of the finances
and of all other property, real, personal and mixed, belong-
ing to the corporation, and shall, likewise, have the power
within the jurisdiction of the town, by ordinance :
1. To appropriate money and provide for the payment of
the debts and expenses of the town.
2. To make regulations to secure the general health of ^;,f ^ °'^^''-
the inhabitants of the town, and to declare what shall be
a nuisance, and to prevent and remove the same.
3. To provide the town with water ; to sink, build and
keep in repair wells, cisterns and pumps in the streets, for
the convenience of the inhabitants.
4. To open, alter, abolish, vacate, extend, widen, grade,
pave or otherwise improve and keep in repair the streets and
alleys in said town, and to prevent the obstructing of the
same.
5. To erect market houses, establish markets and market ^laitets, &c.
places, and provide for the government and regulation
thereof.
6. To provide for the erection, control and management
of all needful public buildings for the use of the town.
Y. To provide for the inclosing, improving and regulating
all public grounds belonging to the town.
8. To provide for the inspection and weighing of hay,
grain and stonecoal and the measurement of wood and fuel,
to be used in said town.
9. To regulate the storage of gunpowder and other com-
bustible materials, and prohibit the storing and manufactur-
ing the same within the town limits.
10. To prevent and prohibit the dangerous construction
and condition of chimneys, flues, fireplaces, stove pipes,
ovens or any other apparatus, used in or about any building
or manufactory, and to cause the same to be removed or
placed in a secure and safe condition, and to cause such as
may be dangerous to be put in a safe condition.
11. To prevent the deposit of ashes in unsafe places, and
to appoint one or more oiiicers to enter all buildings and
inclosures to examine and discover whether the same are in
a dangerous state, and to cause such as may be dangerous
put in a safe condition.
12. To regulate and prevent the carrying on of manu-
factories and works dangerous in promoting or causing fires.
13. To regulate and prohibit the use of fireworks and
firearms.
14. To regulate and prescribe the manner and order
the building of parapet and partition walls and of partition
fences.
652 TOWNS.
^'■**' § 15, To establish sucli regulations, for the prevention
and extinguishment of iires, as the town council may deem
expedient.
§ 16. To prevent and restrain loud, unbecoming, profane
* or indecent language or other disorderly conduct in said
town.
§ 17. To prohibit, prevent and suppress horse i*acing,
immoderate riding or driving in the streets, and to authorize
any person to stop persons immoderately riding or driving,
as aforesaid; to prohibit and punish the abuse of animals;
to compel persons to fasten or otherwise secure their horses
or other animals attached to vehicles, or otherwise, w^hile
standing or remaining in the streets.
§ 18. To restrain and punish vagrants, mendicants, street
beggars and prostitutes.
§ 20. To regulate, restrain and prohibit the running at
large of dogs, and to authorize tlieir destruction when at
large contrary to ordinance, and to impose penalties unto
the owners and keepers thereof.
§ 21. To abate all nuisances which may injure or affect
the pul)]ic health or comfort in any manner they may deem
expedient,
cengug § 22. To provide for taking the enumerations of the
inhabitants of the town.
23. To restrain, regulate and prohibit the selling or
giving a^ay of any intoxicating or malt liquors, by any
person, within the town or within one-half of one mile of
the boundaries of the town.
2-1. To license, tax and regulate innkeepers, agents for
foreign insurance companies, brokers and auctioneers, and
to impose duties upon the sale of goods sold at auction.
25. To license, tax, regulate and prohibit hawkers, ped-
dlers, pawnbrokers, grocery keepers and keepers of ordina-
ries, theatrical or other exhibitions, shows and amusements.
LicenBCB. 26. To Kceuse, tax, regulate and suppress hackmen,
draymen, omnibus drivers, drivers and owners of coal teams,
porters and all others pursuing like occupations, with or
without vehicles, and prescribe their compensation, and
restrain and regulate runners for stages, carts and public
houses.
27. To license, tax and regulate billiard tables, ten-pin
alleys and ball alleys; to suppress and restrain disorderly
houses, tippling shops, bawdy houses, gaming and gambling
houses, lotteries and all fraudulent devices and practices,
and all playings of dice, cards or other games of chance,
with or without betting; to authorize the desti'uction of all
instruments and devices used for the purpose of gaming;
to authorize the proper officer of the town to grant and issue
licenses and direct the manner of issuing and registering
thereof, and the fees and charges to be paid theretbr. No
license shall be granted for more than one year, and not less
TOWNS. 653
than three dollars nor more than two hundred dollars shall
be charged for any license, under this act; and no license
for the sale of intoxicating and malt liquors at retail shall
be issued for less than sixty dollars for one year.
28. To pass, publish, amend and repeal all ordinances, ordinimces.
rules and police regulations, not contrary to the constitution
of the United States or of this state, for the good govern-
ment, pface and order of the town and the trade and com-
merce thereof, that may be necessary or proper to carry into
effect the powers vested by this act in the corporation, the
town government or any department or officer thereof; to
enforce the observance of all such rules, ordinances and
police regulations, and to punish violations thereof by fines,
penalties and imprisonment in the county jail, town prison
or workhouse, or both, in the discretion of the court or
magistrate before whom conviction may be had ; but no fine
or penalty'shall exceed one hundred dollars, nor the impris-
onment six months for any offense; and such fine or penalty
may be recovered, with costs, in the name or for the use of
the town, before any court having jurisdiction, and punish-
ment inflicted; and any person upon whom any fine or
penalty is imposed shall stand committed until the payment
of the same and costs, and, in default thereof, may be im-
prisoned in the county jail, town prison or workhouse, or
required to labor on the streets, or elsewhere, in said town,
for such time and in such manner as may be provided by
ordinance.
29. To provide for the appointment of a town clerk, officerg.
collector, assessor and treasurer and all such other officers
as are necessary.
30. To require of all officers appointed in pursuance of offidai bond*,
this charter bonds, with penalty and security, for the faith-
ful performance of their respective duties, as may be deemed
expedient, and to take such an oath or make such an affir-
mation as the town council may prescribe, before entering
upon the discharge of the duties of their respective offices.
31. To define the duties of officers holding an office by
appointment under this charter, and to provide for their
removal from office.
32. To regulate and fix the compensation of all town
officers, elected or appointed, and to regulate the fees of
jurors, witnesses and others, for services rendered under this
act or any ordinance in pursuance thereof.
33. To prevent, restrain and punish forestalling and
regrating; to regulate the inspection and vending of fresh
meats, poultry and vegetables, of butter, laid and other
provisions, and the place and manner of selling fish and
inspecting the same.
34. To direct and control the laying and construction of ^^i""*""*"-
railroad tracks, bridges, turnouts and switches, in the streets
and alleys, and the location of depot grounds within the
654
TOWNS.
Infectious dis-
eases.
town; to require railroad companies to construct and keep
in repair suitable crossings at the intersections of streets and
alleys and ditches, sewers and culverts; to direct and pro-
hibit the use and regulate the speed of locomotive engines
and cars, connected or detached, within the boundaries of
the town ; and to prohibit and restrain railroad companies
from doing storage or warehouse business or collecting pay
for storage.
35. To provide for the erection of and keeping in repair
of suitable and necessary bridges, culverts, sewers, ditches,
drains and embankments.
Assessment. ^^- To prescribe the form of assessment lists and pre-
scribe the duties and define the powers of the assessor or
assessors ; to make such rules and give such directions in
relation to revising, altering or adding to the lists as they
may deem proper and expedient.
37. To till up, drain, cleanse, alter, relay, repair and
regulate any grounds, lots, yards, cellars, private drains,
sinks and privies; direct and regulate their construction and
cause the expense thereof to be assessed and collected as
sidewalk assessments.
38. To require every person practicing physic in this
town, who shall have a patient laboring under any malig-
nant, infectious or pestilential disease, shall forthwith make
report thereof, in writing, to the clerk of the board, and for
neglect to do so shall be considered guilty of a misdemeanor
and liable to a tine of not less than twenty nor more than
one hundred dollars, to be sued for and recovered, with
costs, in an action of debt, in any court havino; cognizance
thereof or before a justice of the peace, for the use or in
the name of the town.
Taxes. 39. To levy and collect, annually, taxes, for town purpo-
ses, upon all property, real, personal and mixed, within the
town, not exceeding one-half of one jier cent, per annum,
upon the assessed value thereof; and the council may enforce
the payment of taxes in manner prescribed by ordinance,
not repugnant to the constitution of the United States and
of this state: Promoted^ said tax shall be levied for the
payment of debts contracted by and under authority of
law.
40. To require, and it is hereby made the duty, of every
male resident of the town, over the age of twenty-one years
and under the age of tifty years, to labor three days in each
year upon the streets and alleys of the town ; but any per-
son may, at his option, pay, in lieu thereof, two dollars,
($2 00 :) Provided^ the sauie shall be paid within ten days
after notification by the street inspector. In defaidt of ]'>ay-
ment, as aforesaid, the sum of three dollars and costs may
be collected, and no set-ofl' shall be allowed in any suit
brought to collect the same.
TOWNS. M$
41. The town council shall have power, from time to streets.
time, to cause any street, alley or other highway to Ije gra-
ded, regraded, leveled, macadamized, paved or phinked, and
keep the same in repair, and alter and change the same.
42. Also, to cause sidewalks, crosswalks and drains to sidewalks,
be constructed and laid, relaid, cleansed and repaired, and
regulate the same.
43. Also, to assess and collect of the owners of lots or
real estate on any street or other highway or any part thereof,
in the same manner as other town taxes, and in addition to
the same, or in such manner as may be prescribed by ordi-
nance, for the purpose of grading, macadamizing, paving or
planking such street or other highway : Provided, that such
tax shall not exceed live mills to the dollar, per annum, of
the value of the property assessed.
44. All owners or occupants of lots or lands, in front of, Repairs of side-
T • • 1 • 1 -111? walks.
adjonnng or upon whose premises the town councu shall
order and direct sidewalks or drains to be constructed, gra-
ded, repaired, relaid or cleansed, or shall declare any such
lots or land to be nuisances and order the same to be graded,
filled up and drained or otherwise improved, shall make,
grade, repair or relay such sidewalk, or make, repair or
cleanse such drain, or grade, till up, drain or otherwise
improve such lots or land, at their own cost a::d charges,
within the time and in the manner prescribed by ordinance,
or otherwise ; and if not done within the time and in the
manner prescribed, the town council may cause the same to
be constructed, repaired, relayed, cleansed, filled up, graded,
drained or otherwise improved, and assess the expense
thereof, by an order, to be entered in their proceedings,
upon the lots and lands, respectively, and collect the same,
by warrant and sale of the premises, as in other cases. A
suit may also be maintained against the owner or occupant
of such premises, for the recovery of such expenses, as for
money paid and laid out to his use and at his request.
45. In all cases where expenses may be incurred in the Nuisances,
removal of any nuisance, the town council may cause the
same to be assessed against the real estate chargeable there-
with, in the same manner prescribed in the foregoing section.
Such expenses may be, likewise, collected of the owner or
occupant of such premises, in a suit for money expended
for his or their use ; and, in case the same should not be
chargeable to any real estate, suit may, in like manner, be
brought for such expenses against the author of such nuis-
ance, if known, or any person whose duty it may be to '
remove or abate the same,
ARTICLE VII.
MISCKLLAXEOCS PROTISIONS.
1, The inhabitants of the town of lUinoistown are hereby Roadiabor.
exempt from working upon any road or highway beyond
056
TOWNS.
Pobltcatlon
erdlaanctts.
PabU« grounds.
the limits of the town and from paying the tax in lien thereof
without said limits.
2. The street inspector shall demand the services of all
persons who are required to labor on the streets and alleys
of the town, at such time and place and in snch manner as
the town council may direct or the inspector shall deem
necessary. He shall deliver or cause to be delivered or left
at the usual place of abode or business of any person, so
required, as aforesaid, a written or printed notice or partly
written and printed notice, in such form as the town council
shall prescribe; which notice shall be given at least five
days previous to the first day on which he or they are
required to labor, requiring such person to appear at such
time and place as maj' be designated, for the purpose of
laboring upon the streets and alleys. But a similar notice,
published for ten days by the inspector, by posting a copy
in each of four of the most public places in the town, shall
be sufiicient notice to require all persons to appear and labor,
as aforesaid. Upon the neglect of any person to appear and
labor, as aforesaid, or to pay the tax in lieu therereof, the
collector shall- collect from each person, in the same manner
as otiier taxes, the sum of three dollars, with his commis-
sion of collecting the same added thereto.
3. All ordinances passed by the town council shall,
within one month after they have been passed, be published
at least once in some newspaper published in said town, or,
if no newspaper is published in said town, by posting four
copies of each ordinance in four of the most public places
in said town, (that is, one copy in each place,) and shall not
be in force until thej' have been published as aforesaid ;
and proof of such publication, if through a newspaper, by
the affidavit of the printer or publisher of such newspaper,
or, if posted by copies, as aforesaid, by the officer or other
person posting the same, taken before the police magistrate
or any other justice of the peace in said town, and filed
with the town clerk, or any other competent proof of such
publication, shall be conclusive evidence of the legal publi-
cation and promulgation of such ordinances, in all courts
and places.
4. All ordinances of the town may be proven by the
seal of the corpoi-ation, and, when printed or pulilished in
pain])hlet or book form, and purporting to be printed or
published by the authority of the town council, tlie same
shall be received in evidence in all courts and places, with-
out further proof,
5. The style of the ordinances shall be, "7><? it or-
dained by the Toion Council ofthe Tenon of lUinoidoum.'^*
6. Tlie town council shall have power to open and lay
out i)uhlic gi'ounds or squares, streets, alleys and highways,
and to alter, widen, contract, straighten and discontinue the
TOWNS. 057
same; but no street, alley or liigliway, or any part thereof,
shall be discontinued or ct)nti'acted ^\ithunt the consent, in
writing, (if all persons owning land or lots adjoining said
street,"alley or highway. They shall cause all sti-eets, alleys
and highways, or public squares or ground laid out by them,
to be surveyed, described and recorded in a book, to be kept
by the t(>\vn clerk, showing accurately and parficularly the
proposed improvements, and the real estate required to be
taken ; and the same, when opened and made, shall be
public highways and public squares.
T. Iso person shall be an incompetent judge, justice
or juror or witness, by reason of his being an inliabitant or
freeholder in said town, in any action or proceeding in which
said town may be a party in interest.
8. The town council shall, at least ten days before the Annual statement
annual election, in each year, cause to be published, as pre-
scribed by ordinance, a cori-ect and full statement of the
receipts and expenditures, from the date of the last annual
report, together with the soiirces from whence the former
are dei'ived, atid the mode of disbursement, and also a dis-
tinct statenient of the whole amount assessed, received and
expended in said town, in nuiking and repairing streets and
highways, and bridges, culverts, drains, etc., for the same
period, together with such information as may be necessary
to a full understanding of the linancial concerns of the
town.
9. The water course, known as Cahokia creek, along cahokia cierk.
the boundary of said town, or any natural branch leading
thereinto, within said town, sliall not be tilled up, alterei.!
or changed, except in a manner prescribed by the town
council ; and the town council shall have power, by ordi-
nance, to establish and direct and prescribe the manner ot
altering, changing and straiglitening, and to wall, till up,
culvert and sewer the same, and prevent its pollution, within
one-half mile of the limits of said town.
10. The town council shall have power to canse the survcyi and piat.
lots and blocks of the town to be surveyed, platted and
numbered, in consecutive numbers from one upwards, aud
to designate and number all fractional or otlier lots oi-
blocks, in such manner as they may prescribe b)' ordinance ;
and such plat, designation and number, when made and
duly recorded, shall l)e a good and valid descri})tion of said
blocks and lots, or fractional blocks and lots ; to establish,
mark atid declare the boundaries and names of streets and
alleys; to require that all additions hereafter made to the
town, or all lands adjoining or within the same, laid out
into blocks or lots, shall be so laid out and platted as t>
correspond and conform to the regular blocks, streets and
alleys already laid out and established within the town.
11. All actions brought to recover any penalty or for- Recortryofcnes.
feiture incurred under this act. or any ordinance, by law or
—58
658
TOWNS.
Prosecutions.
Ordinance«.
City property.
Apptftli
police regulations, made in pursuance thereof, shall be
brought ill the corporate name. It shall be laM'ful to declare,
generally, in debt, for such penalty, line or forfeiture, stat-
ing the clause of this act or the by-law or ordinance under
which the penalty or forfeiture is claimed, and to give the
special matter in evidence under it.
12. All prosecutions for the breach of any ordinance,
by-law or regulation of said toMni shall be commenced
before the police uuigistrate of said town, (except in cases
provided for by section 8, article 3, of this act ;) and the
first process shall be a summons: Provided^ the police
magistrate may issue a warrant, in the same manner as a
justice of the peace, under said section 8, article 3, is author-
ized to issue, in the absence or in case of inability or refusal
of the said police magistrate, as therein stated.
13. All lines, forfeitures and penalties collected for the
violation [of any] by-law or regulation of said town shall
be paid into the treasury of said town ; and all tines and
forfeitures collected of any citizen of said town, for any
conviction in the circuit court, shall be paid over in like
manner.
14. The town council shall have power to require the
police magistrate to report and settle quarterly or oftener,
and to conform to the ordinances and resolutions passed
from time to time.
15. All ordinances and resolutions passed by the pre-
sident and trustees of the town of lUinoistown shall remain
in full force until the same shall have been repealed l)y the
town council, provided they are not inconsistent with this
act.
16. All actions, fines, penalties and forfeitures, which
have accrued to the president and trustees of the town of
Illinoistown, shall be vested in and prosecuted by the corpo-
ration hereby created.
17. All property, real or personal, heretofore belong-
ing to the president and trustees of the town of Illinois-
town, for the use of the said inhabitants of the said town,
shall be and the same is hereby declared to be vested in the
corporation hereby created.
18. This charter shall not invalidate anylegal act done
by the president and trustees of the town of Illinoistown,
nor divest them of any right which may have accrued to
them prior to the ])assage of this act.
I'J. Appeals shiill be allowed from the decision in all
cases arising under the provisions of this act, or any ordi-
nance passed in |)ursuance thereof, to the circuit court of
the county of St. Clair; and eveiy such appeal shall be
taken and granted in the same manner and with like efiect
as appeals are taken trom and granted by justices of the
peace to the circuit court under the laws of this state:
Provided^ the said corporation shall be allowed to appeal in
TOWNS. 659
any case in which they are parties, by causing their secre-
tary to execute a bond, in the name of said town, in the
form now prescribed by hiw in other cases, without other
security ; and an order, entered on the records of said cor-
poration, directing said appeal, shall be suthcient evidence
of the authority of the said secretary to sign said bond.
20. In all cases under the ordinances of said town,
changes of venue shall be allowed as in other cases.
21. This act is hereby declared to be a public act, and
may be read in evidence in all courts of law and equity in
this state, without further proof.
22. The incumbent president and board of trustees of ^'^'^'« "p°° char-
the town of Illinoistown may cause an election to be held
in said town, on the second Monday in March next, after
the passage of this act, at which the inhabitants residing
within the herein described corporate limits of said town,
who are authorized to vote for state ofhcers, shall vote "For
the Charter^'''' or '■^Against the Charter;'''' and if a majority of
the votes given at such election be for the charter, or in
case the said trustees shall fail to call said election, as afore-
said, then this act shall immediately take efi'ect as a law,
and the act entitled "An act to incorporate the town of Illi-
noistown, in Saint Clair county," approved February 19, a.d.
1859, shall thereby be repc^aled ; but if a majority of the
votes given shall be against the charter, then this act is to
to be of no effect.
23. In case this act should become a law, by virtue of ^^9^'^" °f *'•"-
the foregoing section, the incumbent president and board of
trustees of the town of Illinoistown shall give tifteen days'
notice of the first annual election under this act, for the
officers ; and, at the time provided for by section Iso. 1,
article IV, and section No. 1, article III, of this act; and
in case of failure by them so to do, said first election may
be called by any five legal voters of said town, and con-
ducted and returns thereof made as provided for in section
No. 6, article lY, of this act.
21. Notices of all elections held under this act shall
be posted in four of the most public places in said town.
25. At the election provided for in section No. 23, of °'''^"se or name,
this article, the legal voters of the town of Illinoistown shall
also vote whether the name of said town shall be changed
from the town of Illinoistown to that of the town of East
St. Louis ; and if a majority of the votes so cast shall be in
favor of such alteration, then the corporate name of said
town shall be changed from the town of Illinoistown to that
of the town of East St. Louis, and the words " East St.
Louis" inserted in all places in this charter, necessary to
carry said change into eflect; and the provisions of this
charter shall have the same effect as though the words
" East St. Louis " had been originally so inscribed in the
place of the word " Illinoistown."
Approved February 21, 1861.
ceo TOWNS.
lu fi.rctTft.ruary AX ACT to aiiioud tlic chai'ttT of ihe Town of Jerscvville.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the Ge eral Asiseiiibly, Tluit the
town council of tlie town of Jerseyville, county of Jersey,
in tiiis state, in addition to the powers conferred upon them
by the act to incorporate said town, a}»pruved February
fourteentii, eighteen hundred and fifty-live, sl)all have power,
by ordinance, to provide that any person or persons who
shall or may be convicted of any violations uf the ordinances,
or any of tliem, passed by said town council, and who shall
fail or refuse to pay the lines or penalties and costs assessed
against him or them, shall be compelled, under the direction
Labor in satisfac- '^^^ tlic supcrvisor of Said towu, to work and la!)or n})on the
tionof.tines'. roads, streets or alleys of said town, in such manner, and for
such time, in sati.'faction of such line or penalty and costs,
as may be prescribed by ordinance, dul}^ passed by said town
council, and to provide such penalties, by iniprisonment, for
failing or refusing to work or labor, as required by ordinance,
as may be necessary to compel obedience to the same, not
exceeding thirty days in any one case.
§ 2. This act shall take eli'ect and be in force from and
after its passaije.
Approved February 22, ISGl.
In force February AN ACT to amend an act entitled "An act to change the name of Kanka-
22, ISCI. j-yg Depot and Bourbonnais, as applied to the county seat of Kankakee
county, to Kankakee City, and to incorporate said town," approved Februa-
ry 15th, A. n. 1855.
CHAPTER 1.
Be it enacted hy the People of the S^ate of Illinois^ re-
presented in the General Assenihly^ That an act entitled
"An act to change the name <)f Kankakee Depot and Bour-
bonnais, as applied to the county seat of Kankakee county
to Kankakee (vity, and to incorporate said town," a})proved
/ February 15, a. d. 1855, be so amended that all of said act,
after the third section thereof, commencing with section
four, shall read as follows :
waiiii. Si':cTioN 4. Said town shall at ])resent be divided into
three wards, as follows : All the territory embraced within
the boundaries of said town, lyin'g east of the Illinois Cen-
tral railroad and north of the Kankakee river, shall consti-
tuto the First \V";u'd. All of said territory, lying west of
said railroad and north of said ri\er, shall constitute the
Second Ward. All of said territory, lying south of said
river, shall constitute the Third Ward.
TOWKS. CGI
CHAPTER II.
§ 1. The municipal government of the town shall con- omcers.
sist of a board of trustees, composed of a president and two
trustees from each ward. The other otiicers of said town
shall be as follows : a clerk, an attorney, treasurer, assessor,
marshal, surveyor, one street commissioner, collector, and
as many firemen, lire wardens, policemen, watchmen and
such other officers and agents as the board of trustees may
deem necessary and a]^point ; but no person shall hold more
than one office Vvdiich is created by this act.
§ 2. An election shall be hekfon the second Tuesday of ^"""'' ^"''"'^
April, in each year, at such place in each ward as the board
of trustees nuiy appoint, of which election it shall be the
duty of the clerk to give notice for at least six days, by post-
ing three written or printed notices in each ward.
§ 3. At the annual election, there shall be elected, by ^^^^^^^^ '° ^^
the qualified voters of said town, a president, assessor, mar-
shal, surveyor, and collector; and the person having the
highest number of votes cast at such election, in the whole
town, for either of such offices, shall be declared elected.
At the same time, such electors, in their respective wards,
shall vote for two trustees ; and the two persons having the
highest number of votes cast in the wards for such olhces,
respectively, shall be declared .elected.
§ 4. The officers elected by the people, mider this act. Terms of oa«e,
shall, respectively, hold their offices for one year and until
the election and qualification of their successors, respective-
ly. And other officers mentioned in this act, and not other-
wise specially provided for, shall be appointed by said board,
by ballot, and continue in office until the annnal election for
president and trustees, unless removed by said board. Offi-
cers appointed to fill vacancies shall hold for the unexpired
term, only, and until the election and qualification of their
successors. If, from any cause, there shall not be a quorum
of trustees, the clerk shall appoint the time and places of
liolding special elections, and may appoint judges of elec-
tion, if necessary. If any trustee remove from the ward in
which he was elected his office shall be deemed vacant.
§ 5. If there should be a failure by the people to elect raiiureto euct.
any officer herein required to be elected, at the annual elec-
tion, the board of trustees may forthwith order a new elec-
tion, and Continue to order new elections until such vacancy
is filled.
§ 6. In case of a vacancy in the office of president, such vacancies,
vacancy shall be filled by a special election, called for that pur-
pose. In case of a vacancy in the office of one or nu^re of
the trustees, such vacancy shall be filled by appointment by
the remaining members of the board. Officers ap])(>inted by
the board may be removed, by a vote of two-thirds of the
062 TOWNS.
members. Any officer appointed may be suspended until
the disposition of the charge ])reterred against liim.
§7. All citizens of the United States, qualified to vote
at any election held under this act, shall be eligible to any
office created by this act, except president, trustees and as-
sessor, who shall be freeholders.
Mode of holding § §• 'J-'liG mauuer of conducting and voting at elections,
elections. ijeij under this act, and contesting tlie same, keeping the
poll lists, canvassing the votes and certifying the i-eturns,
shall be the same, as nearly as may be as is now or may
hereafter be provided by law at general and special elec-
tions: Provided^ the board of trustees shall have power to
regulate elections. The voting shall be by ballot ; and the
judges of election shall take the same oath and shall have
the same power and authority as judges at general elections.
The polls shall be kept open from eight o'clock in the fore-
noon until live o'clock in the afternoon : Provided^ the
judges may adjourn one hour for dinner. After closing the
polls, the ballots shall be counted, in the manner required
by law, and the returns shall be returned, sealed, to the
clerk, within twenty-four hours after closing the polls ; and,
thereupon, the board of trustees shall open and canvass the
same and declare the result of the election. It shall be the
duty of the clerk to notify all persons elected or appointed
to office of their election or appointment ; and unless such
shall, respectively, qualify within ten days thereafter, the of-
fices shall become vacated.
Quavification of § ^- No pcrsou shall be entitled to vote at any election
voters. under this act who is not entitled to vote at state elections :
and has not been a resident within the town limits three
months next preceding the election, and who shall not have
been a resident of the ward for ten days before the election,
and, if required l)y any person qualified to vote thereat, shall
take the following oath, before lie is permitted to vote :
Provided, the voter shall be deemed a resident of the ward
in which he is accustomed to lodge : " I swear (or affirm)
that I am of the age of twenty-one years, that I am a citi-
zen of the United States, or was a resident of the state at
the adoption of the constitution, and have been a resident of
this state one year, and a resident of this town tliree months
iinnuMliately ]U'eceding 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."
cii.vrTEii III.
POWKRS .VND DUTIKS OF OFFICERS.
^ 1. Every ])ersou elected or ap])ointed to an office under
tliis act shall, before he enters u])on the duties of his office,
take and subscribe the oath of oflice prescribed in the consti-
tution of this state, and lile the same, duly certified by the
TOWNS. 663
officer before whom it was taken, witli the said clerk of said
town.
§ 2. The president shall preside over the meetino;s of the ^^^^1^°' '^^ p'*'
board of trnstces, and take care that the laws of the state
and ordinances of the town are duly enforced, respected and
observed, and that all the executive ofhcers of the town dis-
charge their respective duties. He shall, also, have power,
ex oj/icio, to administer any oath required to be taken by
this act.
§ 3. In case of the president being unable to perform
the duties of his office, by reason of temporary or continued
absence or sickness, the board of trustees shall appoint one
of their number to preside over their meetings, whose offi-
cial designation shall be president, pro tern./ and the trvis-
tee, so appointed, shall be vested with all the powers and
perform all the duties of president, until the president shall
resume the duties of his office, or the vacancy be filled by a
new election.
§ 4. The members of the board of trustees shall be tire
wardens and conservators of the peace, and shall be exempt
from jury duty during their term of office. The marshal
shall be a conservator of the peace.
§ 5. The clerk shall keep a record of the proceedings of Records,
the board of trustees, 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 proceedings of the
board of trustees, certified, under the corporate seal, shall
be evidence in all courts, in like manner as if the originals
were produced. He shall, likewise, draw all warrants upon
the treasury and sign 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, and shall be the keeper of the corpo-
rate seal.
§ 6. It shall be the duty of the city attorney to perform Attorney.
all professional services incident to the office, and, when re-
quired, to furnish written opinions upon subjects submitted
to him by the board of trustees.
§ 7. The treasurer shall receive all moneys belonging to Treasurer.
the corporation, and keep an accurate account of all receipts
and expenditures, in such manner as the board of trustees
shall direct. All money shall be drawn from the treasury
in pursuance of an order of the boai-d of trustees, by war-
rant, signed by the clerk, and countersigned by the presi-
dent. Such warrant shall specify for what purpose the same
was paid. The treasurer shall exhibit to the board of trus-
tees, at least fifteen days before the annual election of each
year, and oftener, if required, a full and detailed account of
all receipts and expenditures, after the date of the last an-
nual report, and also a report of the state of the treasury ;
which report shall be filed in the office of the clerk.
TOWNS.
§.8. The marshal shall attend all the nioetincrs of the
board of trustees, and perfui-ni sueh other duties as shall be
prescribed by the rules and ordinances of the said board.
§ 9. The town surveyor shall have the sole power, un-
der the dii-ection of the board of trustees, to survey within
the town limits, and possess the same powers therein, in
making surveys and plats, as are given by law to county
surveyors, and of the same binding effect and validity.
§ 10. It shall be the duty of the collector to collect all
taxes and assessments which may be levied by said board,
and perform such other duties as "may be prescribed by said
board.
_ § 11. The assessor shall pcrfortn all the duties in rela-
tion to the assessing of property, for the purpose of levjiixr
taxes imposed by the l)oard of ti-ustees. In the performancS
of his duties he shall have the same powers as are or may
be given by law to town assessors, and be subject to the
same liabilities.
§ 12. It shall^ be the duty of the street commissioner to
superintend all improvements, in making and repaii'in"-
streets, avenues, alleys and bridges, within the limits of the
town, and to c.;rry into effect all the orders of the board of
trustees in relation thei-eto.
§ 13. Every person elected to the office of marshal,
shall, before he enters upon the duties of his office, with two
or more sureties, to be approved by the president, execute,
m the presence of the clerk of the city, an instrument, in
writing, by which such marshal and securities shall, jointly
and severally, agi-ee to pay to each and every person M-ho
may be entitled thereto, all such sums of money as the said
marshal 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 collection or execution.
The clerk shall tile the same, with the president's ajiproval
thereon ; and a copy, certified by the clerk, under the cor-
porate seal, shall be presumptive evidence, in all courts, of
the execution thereof by such marshal and his sureties; and
all actions thereon shall be prosecuted within two years
after the expiration of the year for which such marshal was
elected, and may be brought in the name of the person or
pei-sons entitled to the Jiioney collected by virtue of such
mstruments. Such marshal may serve any pi-ocess that may
by law be served by a constable, nnder the general laws
ot this state or this act, and entitled to the sanie compensa-
tion therefor.
§ 1-1. The board of trustees sball have the
power, from
time to tnne, to require further and other duties of all offi-
cers whose duties are herein i)rescribed, and prescribe the
powers and duties of all officers apjiointed or elected to any
othce under this act, whose duties are not herein specifically
mentioned, and llx their compensation. They may also
TOWNS. 665
require bonds to be given to tbe said corporation, by all
officers, elected or appointed, for the faithful performance
of their duties.
§ 15. The treasurer, collector, marshal and street com- official bonds,
missioner shall, severally, before they enter upon the duties
of their respective offices, execute a bond to the said corpo-
ration, in such sum and with such securities as the said
board 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;
which bonds, with the approval of the said board certified
thereon by the clerk, shall be filed with the clerk.
§ 16. The board of trustees shall, annually, designate a Publication of or-
newspaper, printed in said town, in which shall be publish- '''°'^^^^-
ed all ordinances and other matters which the board of trus-
tees may order to be published, and fix the price for j)rinting
such ordinances and other matters.
§ 17. Any person holding an office under this act, who
shall fail to deliver to his successor all the town property in
his hands, on demand, shall forfeit to the town one hundred
dollars, besides all damages caused by his neglect.
CHAPTER IV.
OP THE BOARD OF TRUSTEES, ITS GENERAL POWBRS AND DUTIES. '
§ 1. The president and trustees shall constitute the Extra meetings,
board of trustees of the said town. The board of trustees
shall meet at such times and places as they shall, by resolu-
tion, direct. The president may call extra meetings of the
said board, and, when present, shall preside at all meetings
of the said board, and shall have only a casting vote. In
his absence, any one of the trustees may be appointed to
preside. A majority of the persons elected as trustees shall
constitute a quorum.
§ 2. The president and trustees shall serve without com-
pensation from the city funds.
§ 3. The board of trustees shall judge of the qualifica-
tion, election and retm'ns of its own members, and deter-
mine all contested elections under this act.
§ 4. The board of trustees shall have power to compel Miscellaneous
the attendance of its own members, and have the manage- bowT"
ment and control of the finances and property belonging cO
the corporation, and shall, likewise, have power, within the
jurisdiction of the town, by ordinance :
First : To restrain and prohibit all descriptions of gam-
bling and fraudulent devices, and all playing of dice, cards
and other games of chance, with or without betting.
Second: To license, tax, regulate and prohibit billiard
tables and all other game tables, j^in and ball alleys, and to
authorize the destruction and demolition of all instruments
and devices used for the purposes of gaming.
—69
QOG TOAVXS.
Disorderly houses T/iv'd .' To restrain, regulate, prohibit and suppress tip-
pling houses, dram shops, gambling houses, bawdy houses,
houses of ill fame, and other disorderly houses ; and to li-
cense, restrain, regulate, prohibit and suppress the selling
or giving away of any ardent spirits or intoxicating liquors,
whether'ardent, vinous or fermented, by any person, within
the town, (except by persons duly licensed,) except for
sacramental, mechanical or medicinal purposes.
Ti-»ncp, Fourth : To tax, hcense and regulate auctions, merchants,
peddlers, retailers, grocers, taverns, ordmaries, hawkers,
brokers and pawn brokers.
Fifth : To tax, license and regulate ferries, hacks, wa-
gons, carts, drays, omnibuses and porters, and fix the rate
of charges.
Sixth : To license, tax and regulate theatrical and other
exhibitions, shows and amusements.
Seventh : To authorize the president or other proper offi-
cer of the town to grant and issue licenses and determine
the fees to be paid therefor. No license shall be granted
for more than one year. Not less than one nor more than
three hundred dollars shall be required to be paid for any
license under this act : Provided^ the sum of money re-
quired to be paid for a license to keep grocery, tavern, and
to retail vinous, spirituous, mixed, intoxicating or ferment-
ed liquors, need not be uniform ; but the board of trustees
may, in their discretion, fix the rate for such license, so that
the same may be applied to any particular portion of said
town, to be specified by ordinance. A bond shall be taken,
on the granting of license, for the observing of the ordi-
nances and regulations of the board of trustees.
Fighth: To suppress and prevent any riot, noise, dis-
turbance or disorderly assembly.
Ninth : To compel the owner or occupant of any groce-
ry, cellar, tallow or soap factor}^, . stable, privy, sewer or
other unwholesome, nauseous house or place, to cleanse, re-
move or abate the same, from time to time, as the health
and comfort of the public may require.
Tentli : To establish and regulate markets and other pub-
lic buildings, and determine their location, and license and
prohibit butchers, and restrain and punish forestalling.
Fleventh : To direct and regulate the storage of gunpow-
der and other combustible materials.
Twdfth : To prevent horse racing and immoderate ri-
ding, driving and abuse to aninuils, and also regulate the rate
of s[)eed at which locomotives and railroad cars may be dri-
ven in said town.
Thirteenth: To prevent the incumbering of streets,
alleys, avenues and public grounds, side walks or cross
walks.
Fmrteenth: To regulate the times and places of bathing,
and to prevent obscene and indecent exposure of person.
TOWNS. 667
Fifteenth : To restrain and punish vagrants, street beg-
gars and prostitutes.
/Sixteenth : To restrain and regulate or prohibit the run- ^oi""o"P' ^"^®
ning at large of cattle, horses, swine, dogs, sluts, sheep and
goats and other animals, and to authorize the distraining,
iinp(junding and sale of the same, for the penalty incurred
and costs of proceedings.
Seventeenth : To prevent the running at large of dogs
and sluts, and to authorize the destruction of the same when
at large.
Eighteenth : To make regulations to prevent the intro-
duction of contagious diseases into the town.
Nineteenth : To have exclusive power over the streets, s*'"^^^^ »°'' sWe-
avenues, sidewalks and alleys, and to remove and abate
any obstructions and encroachments therein, and to compel
all persons to keep the snow and ice and dirt from the side-
walks in front of the premises occupied by them.
Twentieth: To prevent the ringing of bells, blowing of
horns and bugles, crying of goods, firing of guns, pistols,
and prevent all other noises, performances and devices, tend-
ing to the collection of persons in the street, and public dis-
turbances.
Twenty-first : To abate all nuisances in a summary man- Nuisances.i
ner.
Tuienty-second : To regulate the burial of the dead and
the registration of births and deaths.
Twenty-third : To appoint watchmen and pohcemen, and
prescribe their duties and powers.
Twenty-fourth : To regulate the inspection and measuring
of lumber of all kinds and iirewood, and the weighing of
coal and hay.
Twentyfifth : To regulate the inspection of flour, meal,
pork, beef and other provisions, as well as whisky and other
liquors, in barrels, hogsheads and other packages.
Tioenty-sixth : To appoint inspectors, weighers and
gangers, and regulate their duties and prescribe their fees.
twenty-seventh: To regulate the police of said town.
Twenty-eighth : To establish and regulate public pumps, ^^ter.
wells, and cisterns, hydrants and reservoirs, sewers and
drains, and prevent the unnecessary waste of water.
Tv en ty -ninth : To establish and regulate public grounds.
Thirtieth : To provide for lighting the streets.
Thirty first : To provide for inclosing, improving and
regulating all public grounds belonging to said town.
^Thirty-second : To provide for the prevention and ex- ^"^s.
tinguishins; fires, to organize and establish a fire depart-
ment andfire companies, and to regulate and to prohibit I
the erection of wooden buildings in any part of the town. \
Thirty-third : To provide for taking the census of the " i
town. i
66S
TOWNS.
Borrowing of mo-
ney.
Tliirty-fourt/i : To direct and regulate the planting and
preserving ornamental trees in the streets and public
grounds.
Thiiiij-fijili : To borrow money on the credit of the town,
and jjledgo the revenue of the town for its payment, and is-
sue bonds therefor: Provided^ the majority of the votes cast
at an election, called by the board, to test the will of the
people as to the propriety of su'ch loan, shall be in favor of
such loan : Provided^ further, that twenty days' notice of
such election shall be given in the corporation newspaper,
and by posting notices as of other elections.
Thirty-sixth : To do all acts and make all regulations
which may be necessary for the preservation of health and
the suppression of disease.
Nuisance. Thirty -Seventh .' To prevent any person from bringing, de-
positing or leaving within the limits of said town, or depos-
iting or throwing in the Kankakee river any dead carcass or
any other unwholesome or ofiensive substance, and to re-
quire the removal or destruction, by any person who shall
have placed or caused to be placed upon or near the premi-
. ses any such substances, or any 23utrid or unsound beef, ^Jork,
meat or iisli, hides or skins of any kind, and on his default
to authorize the removal or destruction of the same by some
officer of said town.
Ordinances. Thirty-eighth : The board of trustees shall have power to
make, publish, ordain, amend. and rejDeal all such ordinances,
by-laws and police regulations, not contrary to the constitu-
tion of this state, for the good government and order of the
said town and trade and business thereof, as may be neces-
sary or expedient to carry into effect the powers vested in
the board of trustees or any officer of said town by this act,
and enforce observance of all rules, ordinances, by-laws, po-
lice and other regulations, made in ])ursuance of this act, by
penalties not exceeding one hundred dollars for any offense
against the same. The board of trustees may also enforce
such rules, ordinances, by-laws and police and other regula-
Finesand penal- fio'is, as aforesaid, by punishment of fine or imj^risomnent,
ties. or both, in the county jail of said county, in the discretion
of the magistrate : Provided, such fine shall not exceed one
hundred dollars, nor the imprisonment six months. The
keeper of such jail shall have the same compensation, per
day, for dieting persons committed to said jail by virtue of
this act, or ordinances passed by virtue of this act, as in
criminal cases; but he shall have no fee for committing or
discharging such person. E\x»ry such ordinance or by-law
imposing any penalty or forfeiture for the violation of its
provisions shall, alter its passage, be published for two
weeks successively in the corj)oration newsi)a])er of said
town ; and i)roof of such ])ublication, by the athdavit of the
printer or [)ublisher of such paper, taken before any person
authorized to administer oaths, and filed with the clerk of
TOWNS. 669
the corporation, or any other competent proof of snch publi-
cation, shall be conclusive evidence of the legal publication
and promulgation of such ordinance or bj-law in all courts
and places.
Thirty-ninth : The board of trustees shall have power to
authorize the construction of mills and mill races and feed-
ers and rail roads, on and through the streets, avenues and
alleys, at such places and under such restrictions as they
shall think proper.
CHAPTER V.
FIREDEPAETMENT.
§ 1. The board of trustees shall have power, for the pur-
pose of guarding against the calamities of fire, to prescribe
the limits within which wooden buildings shall not be erec-
ted or repaired, without the permission of the board of
trustees, and, generally, to establish such regulations for the
prevention and. extinguishment of fire as the board of trus-
tees may deem necessary or expedient.
§ 2. The board of trustees shall provide all necessary ^"'e engines,
fire engines and other apparatus for the extinguishment of
fires and erect suitable engine houses.
§ 3. The board of trustees shall, also, have power to
regulate the construction of chimneys and fireplaces, places
of deposit for ashes, to regulate and prevent the use of fire
arms and fire works and the erection of manufactories dan-
gerous in causing fires.
§ 4. To appoint, during pleasure, a competent number
of firemen, who shall, during the term of service as such, be
exempt from serving on juries, and, at the option of such
board, may be exempt from working out any road or street
tax.
CHAPTER VI.
MISCELLANEOUS PROTISIONS.
§ 1, All actions brought to recover any penalty or for- Kecovery of fines,
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 of said town; and in such action it
shall be lawful to declare, generally, in debt, for such pen-
alty or forfeiture, stating the section of this act, the by-law
or ordinance under which the penalty is claimed, and to
give the special matter in evidence under it. The first jDro-
cess, in any such action, shall be by summons, unless oath
or atfirmation be made for a warrant, as in other cases, and
execution may issue immediately, without oath, on the ren-
dition of judgment.
§ 2. If the defendant in such action have no goods or
chattels whereof judgment can be collected, or, having such,
G70
TOWNS.
Publication of or-
dinances.
Police magis-
tratfs' jurisdic-
tion.
emission of fines
Annual
ments
does not pay, or offer to turn out upon sucli execution prop-
erty to secure the same, the execution shall require the de-
fendant to be imprisoned in close custody in the county jail
in said town one day for each fifty cents of such jud_i>;ments
and costs ; and the officer having such execution shall forth-
with arrest and imprison such defendant, according to the
mandate of such writ or execution.
§ 3. All fines and forfeitures collected for penalties in-
curred within the limits of said town shall be paid into the
treasury of said town by the officers collecting the same, ex-
cept where it is otherwise provided by ordinance.
§ 4. No person shall be an incompetent judge, magis-
trate, justice, witness or juror, by reason of his being an in-
habitant of said town, in any action or proceeding in which
said town is a party in interest.
§ 5. All ordinances of the town, when printed and pub-
lislied by the authority of the board of trustees, shall be re-'
ceived, in all courts and places, without further proof.
§ 6. The police magistrates elected in said town, by vir-
tue of the general laws of this state, shall have jurisdiction
in any action for the recovery of any fine or penalty under
this act or any ordinance, by-law or police regulation of the
board of trustees.
§ 7. Such magistrates shall have power to fine or im-
prison, or both, in their discretion, when discretion may be
Tested in them by an ordinance or regulation of the board
of trustees or by this act.
§ 8. Nothing in this act shall be so construed as to vest
any court of jurisdiction to abate or remove nuisances in the
streets or any other parts of the town or within its jurisdic-
tion, by indictment or otherwise.
§ 9. Neither the president or the board of trustees shall
remit any fine or penalty imposed upon any person for the
violation of the laws or ordinances of said town or release
from imprisonment unless two-thirds of all the trustees au-
thorized to be elected shall vote for such release or remission.
§ 10. No vote of the board of trustees shall be reconsid-
ered or rescinded at a special meeting, unless at such spe-
cial meeting be present as large a number of trustees as
were present when such vote was taken.
§ 11. The cemetery lots which have or may be laid out
and sold by said city, for private places of burial, shall, with
the appurtenances, forever be exempt from taxes, assess-
ments, execution or attachment.
§ 12. The board of' trustees shall, at least ten days be-
fore the annual election in each .year, cause to be published
in the corporation newspaper a full and correct statement of
the receipts and expenditures, from the date of the annual
reports, together Avith the sources from whence the former
are derived, and their mode of disbursement, and also a dis-
tinct statement of tlie whole amount assessed, received and
TOWNS. 671
expenclecl in tlie respectire wards for making and repairing
roads, highways and bridges, for the same period, tc»gether
with sncli information as may be necessary to a full under-
standing of the financial concerns of the town.
§ 13. All officers of the town, created conservators of
the peace by this act, shall have power to arrest or cause
to be arrested, with or without process, all such persons who
shall threaten to break the peace, commit for examination,
and, if necessary, detain such persons in custody overnight
in the watch house, or county jail of said county, or other
safe place, and shall have and exercise such powers as con-
servators of the peace, as the board of trustees may pre-
scribe.
§ 14. All property described in this section, to the extent ^errrrm'taLT''
herein limited, shall be exempt from taxation — that is to
say — First: All public school houses, houses used for pub-
lic worship, the books and furniture therein, and the grounds
attached to such buildings necessary for the proper occupan-
cy, use and enjoyment of the same, and not leased or other-
wise used \7\X\i a view to profit, all academies, all endow-
ments made for their support, all buildings connected with
the same, and all lands connected with institutions of learn-
ing and not used with a view to profit. Second: All lands
used exclusive as grave yards or grounds for burying the
dead. Third: All buildings belonging to the town, with
the grounds on which such buildings are erected. Fourth:
All personal property belonging to the corporation.
§ 15. The board of trustees shall have power to change
the boundaries of the wards created by this act, at pleasure,
and to create new wards.
§ 16. The trustees of the several wards shall be judges soundaiies of
of elections for their respective wards, unless diflerent judges
are provided for by ordinance.
§ 17. The president of said town shall be, ex officio^ a
member of the board of supervisors of said county of Kan-
kakee, having the same rights, powers and duties as a su-
pervisor elected under the general laws of this state.
§ 18. The style of the ordinances of said town shall be,
'■^Be it ordained hy the President and Trustees of the Town
of Kankakee CityP
CHAPTER Vn.
TAXES AND ASSESSMENTS.
§ 1. The board of trustees shall have power and author- Taxes,
ity to levy and collect taxes upon the real and personal es-
tate within the limits of said town, not exceeding one per
cent, 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 constitution and laws of this
state ; and, after such taxes are collected, the board of trus-
672
TOWNS.
tees shall paj all general expenses of the town, and thereafter
expend in improvements the remainder of said tax.
sti-eet labor. § ^- The board of trustees, by ordinance, may re quire
every male resident of the town, over the age of twenty-one
ycarsand under sixty years, to labor, not exceeding three
days in each year, upon the streets and alleys and avenues
of said town, at such time and in such manner as the street
commissioner may direct, but any such person mav, at his
option, pay, in lieu thereof, one dollar for each day he shall
be so assessed to labor; and such labor and payment shall
be in lieu of all labor required to be performed upon any
road, street, or alley, by any law in this state ; and in de-
fault of payment of sueli money or the performance of such
labor, the party thus neglecting shall forfeit and pay the
sum of two dollars for each and every day so neglected or
refused, to be recovered by the town before the police magis-
trate or any justice of the peace in said town.
Altering of streets § 3, ^ The board of trustees shall have power to alter, va-
cate, widen, narrow, extend, establish, open, grade, pave or
otherwise improve any streets, avenues, lanes, alleys and
public grounds of said town; and wdienever, in the opinion
oi the board of trustees, it may be necessary to take private
l^roperty for opening or altering any public street, alley or
avenue in said town, the said town shall make to the owners
just compensation and pay or tender the same before open-
ing or altering such street, avenue or alley ; and in case the
amount of such compensation cannot be agreed upon, the
same shall be ascertained by six disinterested freeholders of
said town, who shall be sunnnoned by the president for that
purpose, and sworn to make a just estimate of such dama-
ges, and shall return to him their inquest, in writing, signed
by each of such jurors, and by him be laid before the board
of trustees at its next meeting.
Assessment of § "i- lu the asscssmont of such damages, the jury shall
damages. ^^].q j^^^^ Consideration the benefit as well as the 'injury re-
sulting to the owner or owners of property proposed to be
taken for opening, extending, widening or altering such
8ti-eet, avenue or alley, and shall assess upon the pi'operty
by them deemed benefited by the opening, extending, Aviden-
mg or altering such street, avenue or alley the damages
by them assessed therefor in ratable proportions, and the
board of trustees shall issue their warrant fur the collection of
the amount against the owners of the land, so benefited,
to the collector of the town. The anK»unt so assessed is
herel)y declared a special tax and alien upon the lands so
reported to be benefited thereby, and may be collected in
the same manner as other corporation taxes ; and should the
owner of any land upon which any special tax is assessed be
unknown, he may be so described in all proceedings to
assess and collect the same.
TOWNS. 673
§ 5, And in case the tax upon the land so to be bene-
fited by the opening or alterino; of such street, avenue or
alley be not sufficient to cover the damages occasioned
thereby, then the town shall pay the residue.
§ 6. The president shall have power, for good cause setting aside of
shown, within ten days after any inquest shall Lave been '°'i"^^*'
returned to him, as aforesaid, to set the same aside and
cause a new inquest to be made, or either party may appeal
to the circuit court of said county, in the same manner as is
provided in this act in other cases.
§ 7. The board of trustees shall have power, by ordi- sewers, &c.
nance, to levy and collect a special tax on the lots in any
street, lane, avenue or alley, according to their respective
fronts, for the purjDOse of building sewers, waterways, and
for jiaving, flagging, grading or planking any sidewalk,
avenue or street to the center of the same, or lighting such
sidewalk, street, avenue or alley ; but the lot in front of which
any such Walk, sewer or water way is made shall be taxed
to pay at least one-half of the expense of making such side-
walk, sewer or waterway, and also may, in their discretion,
tax the lot in front of which any street, avenue or alley shall
be ordered to be paved, graded or planked to the center of
the same, at the sole expense of the lot, in addition to the
regular tax, which shall be assessed and collected in the
same manner as other taxes.
§ 8. In all cases, under the ordinances of said town, changes of venue,
changes of venue and appeals shall be allowed as in other '^°'
cases before justices of the peace; and the said town shall
be allowed to appeal in any case in which they are a party,
by causing their clerk to execute a bond, in the corporate
name of said town, in the form now or which may hereafter
be prescribed by law in other cases, without other security ;
and an order, entered upon the records of the board of trus-
tees directing such appeal, shall be sufficient authority for
the same.
§ 9. The said town shall not be required to give seen- costs.
rity for costs, on the institution or after the institution of
any suit authorized by it to be commenced under the provi-
sions of this act.
§ 10. The board of trustees shall have power, by ordi- Property sale for
nance, and may, from time to time, fix upon and prescribe
the manner of selling property, when the tax levied upon it
is not paid : Provided, that in conducting said sale, the
provisions of the law concerning public revenue, so far as
the same may be applicable, shall be complied with : I^w-
vided, further, that the real property sold for the nonpay-
ment of taxes may be redeemed, by any person interested
in the same, within two years after the same shall have
been sold, on paying to the said clerk double the amount
for which the same was sold and all taxes assessed for town
Collection of fines
cers.
674 V TOWNS.
purposes M'hicli m.iy have been paid by the piircliaser at
and since such sale, witli legal interest thereon to the time
of snch redemption, together with all other taxes levied by
virtue of the general laws of this state, paid by said purcha-
ser, and, thereupon, the said town clerk shall furnish the
person so redeeming a certificate of such redemption, speci-
fying the amount paid and the land redeemed, which certifi-
cate shall he jjrima facie evidence, in all courts, of the facts
therein contained.
§ 11. It shall be the duty of the said clerk to pay ever
all such redemption money to the treasurer.
§ 12. The board of trustees may provide, by ordinance,
that the fines, penalties, forfeitures or punishment by im-
prisonment, for the violation of any ordinance made under
this act, may be recovered and enforced by indictment, in.
the circuit court of said Kankakee county, anything in this
act to the contrary notwithstanding.
Election of offi- § 13. The president and trustees of the town shall, after
the passage of this act, take measures to promulgate the
same within the limits of the town, and issue their procla-
mation for the election of officers, and cause the same to be
published in one or more of the ncM'spapers in said town at
least one week prior to the day of election for said officers.
The first election under this act shall be held on the second
Tuesday of April next ; and it shall be the dut}- of the
president and trustees to fix the place of election in each
ward, and receive and canvass the returns, and dechire the
result of such election.
Bridge oyer Kan- § 1-1. JNothiiig in this act Contained shall make it impera-
tive upon the inhabitants of said town, in their corporate
capacity, to build any bridge across Kankakee river,
§ 15. Whenever a warrant mentioned in section seven
rants. of chapter three of this act shall be presented to the treas-
urer for payment, and there is no funds in the treasury for
the payment thereof, the treasurer shall indorse on such
warrants the time of presenting the same, and the sum of
money mentioned in such warrant shall draw interest at the
rate of six ])er cent, per annum until paid.
§ 10. The board of trustees shall meet, regularly, for the
transaction of business, on the third Monday of April, July,
October and January, in each year, and oftener, if the board
shall deem it necessary.
§ 17. Nothing herein contained shall be so construed as
to vest any officer elected or a})pointed by virtue of the act
to M'hich this is an amendment until the regular election,
herein provided for, nor until the officers elected by virtue
of this act shall have qualified. Nor shall this act be so
construed as to repeal any ordinance or by-law passed by
virtue of the said act to which this is an amendment, but
such ordinances and by-hnvs shall continue in force and have
kakee river.
Interest on war-
TOWNS. 675
the same effect as if passed by virtue of this act, and shall
continue in force nntil repealed by said board of trustees.
§ 18. It shall be the duty of the president of said town, T^stees of each
at the lirst regular meeting of said board in each year, to
appoint one trustee for each ward in said town, as overseers
of the poor in said town for the ensuing year. Said trustees
shall constitute a board of relief, to whom all persons resi-
ding in said town, in actual want and requiring assistance,
may apply for the same. Said board of relief shall rcjceive
all their powers and instructions from the board of trustees,
by ordinance.
§ 10. This act is hereby declared to be a public act, and
shall be in force from and after its acceptance by the people,
and shall be liberally construed in all courts, for the objects
and purposes therein contemplated.
Tliis act to be submitted to a vote of the people, at an
election, to be held for that j)urpose, by order of the board
of trustees.
Appeoved February 22, 1861.
AN ACT to amend an act entitled "An act to incorporate the town of Keiths- In force February
burg," approved February 16th, 1857. ^' '''' '
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the
subscription of twenty thousand dollars to the capital stock subscription le-
of the Warsaw and Rockford Eailroad Company, made
June 8th, 1857, by said corporation, under and by the style
and designation of " Incorporation of Keithsburg," payable
in town bonds, is hereby fully legalized and conlirmed; and
the bonds already issued by said corporation, in part pay-
ment of said subscription, are hereby declared valid. The
president of said town is hereby fully authorized and em-
powered to execute and issue the bonds of said town in pay-
ment of so much of said subscription as remains unpaid,
under his hand and the seal of said town ; said bonds to
run for a period not exceeding twenty years, at an interest
not exceeding ten per cent, per annum, payable semi-annu-
ally ; and for the payment of said bonds and the interest
thereon, as the same becomes due, the faith of said corpora-
tion shall be fully pledged and bound. The president and
trustees of said town are hereby fully authorized and em-
powered to make provision for the payment of said bonds,
the interest now due upon those heretofore issued, and the
interest that may hereafter accrue, by levying a special tax
upon the real and j^ersonal property within the limits of said
corporation, to be collected in. the same manner as the other
taxes of said corporation.
676 TOWNS.
License. g o That tliG president and trustees of the town of
Keithsburg arc herel)j fully authorized and empowered to
license, regulate, suppress and prohibit the selling, barter-
ing, exchanging and tratHc in any wine, rum, gin^ brandy,
wliisky or other intoxicating liquors, within the limits of
said town ; that all moneys received for licenses shall be paid
into the treasury of said town ; and that all licenses to sell
intoxicating liquors, in the limits of said town, heretofore
granted by said president and trustees, be and the same are
hereby fully legalized and confirmed.
House of correc- § 3. That the president and trustees are hereby author-
ized to establish a house of correction in said town, and
make all necessary rules and regulations in relation thereto ;
to appoint all necessary officers therefor ; to provide for the
conhnement tlierein of all vagrants, stragglers and idle or
disorderly persons ; and any person or jjersons who shall
fail ornef,dect to pay any fine, penalty or costs, imposed for
breach of any ordinance of said town.
§ 4. That so much of the tenth section of the act to which
this act is an amendment, as reads "jail of the county," be
so amended as to read " house of correction of said town."
§5. That so much of the act to which this act is an
amendment as is inconsistent with this act be and the same
is hereby repealed.
Appkoyed February 22, 1861.
"iS^lSGl."^'^ -^^ ^^^^ ^^ amend an act entitled "An act to incorporate tlie town of Lin-
coln," approTCd February 8th, 1857.
Section 1. ^e it enacted ly the Peojyle of the State of
Illinois, represented in the General Assembly, That in ad-
Riou, &c. dition to the express powers conferred upon the president
and_ trustees of the town of Lincoln, in the act to which this
act is an amendment, they shall likcM^ise have power to pre-
vent and punish riots, routs, afirays, assaults, assaults and
batteries, breaclies of the peace, di^sturbances of worshii^ing
assemblies or deliberations or proceedings of ])ublic meet-
ings, disorderly interruptions of any public lectures or
licensed exhibitions, all indecent or obscene exhibitions or
practices, and other disordei-ly conduct within the limits of
the corporation : Provided, that no person shall be deprived
ot the right f)f trial by jury in any case where such person
would be entitled to such trial for like offenses against the
laws of the state.
^ffior 4c ""'' ^ ^' ^^ itfurtlier enacted, That in addition to the power
> "• bestowed upon the president ami trustees, in the nineteenth
section of the charter of the town of Lincoln, empowering
TOWNS. 677
them, in certain cases, to commit offenders to the county
jail, thej shall have power to either commit such offenders
to said jail, the town jail, or to compel them to labor out their
fines in the public work house or on the public streets of the
said town of Lincoln, in such manner as the president and
trustees may provide fur by ordinance : Provided^ Jioioever^
that no person, so committed or compelled to labor, shall be
allowed a less sum than one dollar per day for every day he
may faithfully work.
§ 3. Be it further enacted, That at the next annual elec- rresirient of
tion for town officers, and at every annual election there-
after, tliere shall be elected, at the same time and in the same
manner as provided in the third section of the act to which
this act is an amendment, for the election of trustees for
said town of Lincoln, a president of the board of trustees for
said town, who shall possess the same qualifications as are
required of a trustee by the said third section of the charter
of the town of Lincoln ; and said president of the board
shall be qualified in the same manner and hold his office for
the same length of time as do the trustees ; and said presi-
dent, when so elected, shall succeed to all the rights, pri-
vileges and immunities heretofore and now possessed and
enjoyed by the justice of the peace in his ex officio capacity
as president of the board of trustees for said town of Lin-
coln, and he shall, also, incur all the responsibilities, per-
form all and singular the duties, in every respect, heretofore
and now enjoined upon and required of said justice, in his
ex officio capacity as president of said board, and thus from
and after the next ensuing annual election of officers for
said town, in every respect supersede in the ofiicc of presi-
dent of the board of trustees, said justice, so that from that
time henceforth said justice of the peace shall not be ex
officio president of said board ; and that each and every part
of the act incorporating said town of Lincoln, containing
such provision, be and the same are expressly repealed by
the provisions of this act.
§ -i. Be it further enacted, That, hereafter, the justice
of the peace whose election is provided for in the act to
which this act is an amendment shall, instead of one year
only, hold his oftice for the term or time of four years and
until his successor in office shall be elected and qualified.
§ 5. And he it further enacted, That the jurisdiction. Town constables.
power and authority of the town constable, for the town of
Lincoln, be and the same are hereby extended and made
concurrent with all other constables of Logan county elected
under the genei-al state law.
§ 6. This act to be deemed a public act, and be in
force from and after its passage ; and that all acts and parts
of acts, not consistent or in conflict with this act, be' and
the same are hereby expressly repealed.
Appkoved February 18, 1861.
GTS
TOWNS.
In force Fil>iuary
21. ISOl.
Police justice.
Tovrn constable.
AN ACT to further amend "An .ict to incorporate the town of Lewis-
town," aj)proved February 16th, 1857.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That there
shall be elected in the town of Lewistown, by the qualified
voters thereof, on the first Monday of April, a. d. IbOl, and
on tlieiirst Monday of April, qnadrennially, forever thereaf-
ter, a police justice, who shall hold his otiice for four years
and until his successor is elected and qualilied.
§ 2. There shall also be elected in said town, by such
voters, on said iirst Monday of April, 18H1, and, on the first
Monday of April, biennially, forever thereafter, a town con-
stable, who shall hold his office for two years and until his
successor shall be elected and qualified.
§ 3. The first section of the third article of the act to
which this is an amendment is hereby repealed.
§ 4. This act to be in force from and after its passage.
Approved February 21, 1861.
Ill force February
22, ISOl.
Corporate name
aud powers.
Boundaries.
AX ACT to incorporate the Town of Lane.
Section 1. Be it enacted by the People of the State of
Illinois, 7'epresented in the G-eneral Assembly, That the
inhabitants of the town of Lane, in Ogle county, are here-
by constituted a body politic and corporate, to be known
by the name of "The President and Trustees of the Town
of Lane ;" and by that name shall be known in law, and
have perpetual succession; may sue and be sued, implead
and be impleaded, defend and be defended, in courts of law
and equity, in all matters and actions whatsoever; may
purchase, take, receive and hold personal property and real
estate, within the limits of the corporation, but not else-
where; may lease, sell and convey the same; and do all
other lawful acts within the scope of this act of incorporation
as natural persons may do; may have a common seal, and
break and alter the same at pleasure : Provided, no land
shall be sold by them which has been conveyed to or is held
by the corporation for streets, alleys, lanes, public grounds
or squares.
§ 2. All that portion of the south half of section twenty-
four, in township forty, 'range one east of the third princi-
pal meridian, in Ogle county, which has heretofore been
laid out into town lots, blocks and out lots, either originally
or as additions to the said town of Lane, and recorded in
the recorder's office of said county of Ogle, is hereby do
Glared to be within the limits of the corporation hereby
created : Provided, that the board of trustees may extend
TOWNS, 679
the limits of said incorj)oration not to exceed one mile
square of land.
§ 8. The corporate'powers and duties of said incorpora- t° trustees.
tion shall be vested in live trustees, who shall form a board
for the transaction of business. The first board of trustees,
assessor, constable and justice of the peace, shall be elected
on the second Monday in March next, and thereafter shall
be elected annually, except the justice of the peace, who
shall hold his office for the term of four years, as provi-
ded in section ten, of this act, on the second Monday in
March, in each and every year, to serve for one year and
until their successors are elected and qualified ; they shall
be citizens of the United States, twenty-one years of age,
shall possess a freehold estate within the limits of the incor-
poration, and shall have resided therein at least one year
next preceding the election. 'No failure to elect trustees on
the day appointed shall operate as a dissolution of the cor-
poration, but such election may be held on any subsequent
day, upon fiv^e days' notice, given by any five legal voters
of said town, or the clerk of the board of trustees, in such
manner as the board of trustees shall by ordinance direct,
may call such election.
§ 4. The board of trustees shall appoint their president President.
from their own body, who shall preside at the meetings of
the board ; and in case of absence or inability to serve as the
president, the trustees present shall have power to elect a
president ^r<9 tern, from their own number. The board shall
be judges of the qualifications, elections and returns of their
own members. A majority of the trustees shall constitute
a board to do business, but a. smaller number may adjourn
from day to day and may compel the attendance of absent
members, in such manner and under such penalties as they
shall provide. The board of trustees shall determine the
rules of proceeding and order of business before them,
punish their meni]:)ers or other persons for disorderly con-
duct before the board while in session, and by a vote of four-
fifths of the whole number elected expel a member, for good
cause shown ; and make such other rules and regulations
for their own government, as to them may seem meet, pro-
per and expedient ; and in case of death, removal from the
limits of the incorporation, neglect for the space of three
months together to serve, or refusal to serve, to be signified
in writing to the board, or any member or members of the
board, the remaining members may appoint to fill the va-
cancy thereby occasioned.
§ 5. No person shall vote at any election of ofiicers of Qualification
said incoi-poration unless he be qualified to vote for represen- "^'"®''^"
tatives to the general assembly, and shall have resided within
tlie limits of said incorporation for three months next pre-
ceding the election. !No person shall be appointed or elec-
P)80 TOWNS.
ted to any office under this incorporation unless lie be at the
time entitled to vote at all elections under this act ; and all
such elections shall be by ballot, and tie votes shall be deci-
ded by lot in the presence of the board of trustees.
§ 6. The board of trustees shall, annually, at the next
c^erk, treasuier, j.^g^j^^j^. meeting after their election or as soon thereafter as
may be, appoint a clerk of the board of trustees, a treasurer,
and such other officers, from time to time, as they may deem
necessary, and tor such term as they shall by ordinance
direct, not exceeding one year. An assessor and constable
of said incorporation shall be elected at the same time and
in the same manner and for the same term as trustees shall
be elected, as provided in this act. The board of trustees
shall have power to detine and regulate the duties of the
officers of the mcorporation, in such manner and under
such penalties as they shall deem proper, and to provide for
their compensation.
§ 7. The board of trustees shall- have power and they
are hereby directed to require of said clerk, treasurer, asses-
sor and constable to take an oath of office and lile the same
with the clerk, and give bond, with sufficient security, to be
approved by said board of trustees, well and truly to perform
the duties of their respective offices, as shall be required of
them by law or the ordinances of said town, from time to
time, and in such penalties as the board of trustees shall di-
rect; all such bonds to be given to said incorporation by its
corporate name.
§ 8. The board of trustees shall have power to borrow
money on the credit of the town: I^j'ovided, that the amount
of mone}'- borrowed and the indebtedness of the incorpora-
tion on account of money loaned shall at no time exceed
five hundred dollars, and at a rate of interest not exceeding
seven per cent, per annum.
Misuse of funds. § 9. Any member of the board of trustees, knowingly
voting in favor of any misapplication or wrongful conversion
of the funds or personal property of the town, shall be per-
sonally liable to the town in an action on the case, for the
amount so misapplied or converted and costs.
General powers § ^^- Tlic board of trustces sliall liavc power to make
01 ti.e board, rcgulatious to secure the general health of the inhabitants;
to declare what shall be nuisance, and prevent and remove
the same ; to provide the town with water, and dig wells,
erect hydrants and pumps in the streets for the con\'enience
of the public; to open, alter, extend, establish, grade, plank,
pave and in any other way or manner improve and keep in
repair streets, avenues, lanes and alleys, sidewalks, cross-
walks, drains and sewers; to provide for the erection of all
needful buildings, for the use of the town ; to provide for in-
closing, inqu'oving and regulating all public squares or places
within or belonging to the incorporation ; planting trees in
the streets and public squares, for ornament or shade and the
TOWNS. 681
protection of the same ; or restrain or prohibit shooting,
iiorse racing, indecent exposure of horses and persons,
liouses of ill fame, gaming and gaming houses, and otlier
disorderly liftuses, and to sup])res8 the same ; to provide for
taxing, licensing and regulating theati'ical or other shows Taxes and li-
and amusements, for the admission to which money or any- '='^'^^®^-
thing is chaiged ; to regulate and license merchants, auction-
eers and peddlers; the exclusive power to regulate, prohibit
or license the selling of spirituous, vinous and malt hquors
of any kind, within the corporate limits; to restrain and
prohibit the running at large of any horses, cattle, sheep,
swine, goats or dogs, within said corporation ; to erect mar-
ket houses, to establish markets and market places, and
provide for the use, government and regulation thereof; to
Hx the rates to be charged for the carriage of persons and
property, within the limits of said incorporation, by carriages,
wagons, slt^ighs or drays; to provide for the preservation
fi'om the extinguishment of fires; to establish and regulate
a lire department; to regulate the storage of gun]Hiwder
and all other combustible materials; to regulate the sale of
game ; to I'egulate the speed at which railroad locomotives
and cars shall be driven or horses rode or driven through
said incorporation ; to regulate the police of the town ; to
regulate the election of officers of the incorporation ; to omceva of the
provide for their compensation, except that the board of *°"^"'
trustees shall not receive any compensation for their services
as such, and shall be incompetent to hold any otlier corpo-
ration ofhce during the term for which they may have been
elect d trustees, having accepted of such office of trustee ;
to provide for the inspection and weighing of hay and coal,
the measurement of charcoal, firewood or other fuel, to be
sold or used within the incorporation ; to make all such
ordinances, from time to time, and alter, amend and repeal ordinances.
the same, as shall be necessary to carry into effect and
execution the powers specified in this act, so that the same
be not inconsistent herewith nor witli the laws or constitu-
tion of the United States or of this state ; to impose fines,
forfeitures and penalties for the breach of any ordinance of
the incorporation, and to provide for the recovery and
appropriation of any such fine or forfeiture, and the enforce-
ment of any such penalt}^ ; to provide for the infliction of
fines or penalties upon an}'- officer of the incorporation neg-
lecting or refusing to perform any duty or act required of
such officer in this act to be done; to cause, from time to
time, a census of the inhabitants of said town to be taken,
and in their discretion to divide said town into M-ai'ds, and
designate the number of trustees that each ward shall be
entitled to; to provide for the election of one justice of the Ju9t>ce?sof the
peace from the legal voters of the incorporation, at the elec- ^'^**^*'
tion of the board t)f trustees by the legal voters of the town,
who sh;dl hold his office for four years and until his suc-
—60
682
TOWNS.
Regular meetings.
Taxes.
n«pecllon of aa-
sesauieiili.
cessor is elected and qualified, returns of which election
shall be made by the clerk of the town; and such justices
shall be commissioned by the governor, give bonds, to be
filed in the town clerk's ofiice, and running to the board of
trustees of the town, and in all other respects be qualified
and conform to the general laws of the state providing for
the election and qualification of justices of the peace, and
shall have the same jurisdiction, power and authority, and
perform all such acts and duties as are or may be by laws
of this state vested in or required of justices of the peace
at and within said county of Ogle. And in case of death,
removal from the incorporation, incapacity or refusal to
serve of any justice of the peace elected under this act, to
provide for the fulfilling the vacancy.
§ 11. The regular meeting of the board of trustees shall
be on the first Monday of every month, at such time, on
said days and place as by ordinance they shall designate,
and they may provide for the holding of adjourned and
special meetings.
§ 12. The board of trustees shall have power to levy,
annually, at the first regular meeting of the board, after
their election, or such other time as they may designate,
and collect taxes for the incorporation upon all real estate
within the limits of said corporation, and upon all personal
property of the inhabitants of the town, within said town,
not exceeding one per centum upon the assessed value
thereof. In making such assessment the assessor shall be
governed by the laws of this state directing the assessing of
property fov state and county purposes, for the time being,
as near as may be, and so as not to conflict with the provis-
ions of this act: Provided^ that the trustees may adopt the
then last assessment made under the general laws of the
state. The assessor, after having made his assessment roll,
shall deposit the same with the clerk of the board of trus-
tees, who shall note thereon the time of such deposit for
inspection of any and all persons interested, for the s])ace
of ten days, posting up notices in four of the most public
places in said town that said roll is so left for inspection,
and shall, upon the hq^se of said ten days, attach to said
assessment roll his affidavit, stating therein the time of
depositing said roll with said clerk as aforesaid and the time
of i)()sting said notices. The clerk shall file and carefully
preserve said roll in his office; and all taxes levied upon
real estate are declared to be a lien on the real estate upon
which the same are assessed, from and after such roll is
deposited with said clerk as aforesaid, until paid.
§ 13. It shall be the duty of the clerk of the board of trus-
tees, witliin five (Uiys thei-cafter, to post up notices in four
of tiie most pul)lic phices in said corporation, and also insert
such notices in a newspaper, should there be one published
ill said town, that at a place and on a day to. be therwin
TOWNS. 683
named, not more than two weeks from the time of said de-
positing, as provided in section twelve (12,) of tliis act, the
board of trustees will meet for the purpose of inspecting
said assessment, when and where it shall be the duty of the
board of trustees to meet and hear and investigate, under
oath of the parties complaining, to be administered by the
clerk of said board, any complaints that the party complain-
ing is charged with property which did not belong to him
or her at the time the same was assessed, or that his or her
property is assessed too high ; and shall in all such cases so
alter or amend, or not, said roll, as to them shall seem right:
Provided., however., that if a regular meeting of the board of
trustees will happen at any time within three weeks after
the tiling of said roll, then it shall not be necessary to have
a special meeting convened, as above, but the matters spe-
cified in this section may be acted upon at such regular
meeting.
§ 14:. After such assessment roll shall have been before issuing of war-
the board of trustees for its action thereon, as above provi- '■*°'^*-
ded for, and after making such alterations therein as they
may deem necessary, under the preceding section, it shall
then be the duty of the board to cause a warrant to be issued,
under the seal of the corporation, and signed by the presi-
dent and clerk of said board, directed to the town constable,
with a copy of said assessment roll attached, commanding
him to proceed and collect the same, within ninety days after
the date thereof; and in the collection thereof, the said town
constable is vested with the same powers, and to be exer-
cised in all respects in the same manner as collector of taxes
are, in and by the act to provide for township organization,
as far as the same shall be applicable.
§ 15. It shall be the duty of the constable to pay to the Constable's duties
treasurer of the town all moneys collected by him deducting
his per centage, from time to time, as fast as collected, and
to make returns, in writing, thereof to the clerk of said
board, under oath ; showing, first, the amount of money and
on what account collected by him ; secondly, the taxes on
personal and real estate S]_)ecitically, as in the warrant, and
making separate returns of the personal and of the real es-
tate upon which taxes remain unpaid.
§ 16. The town constable, with his sureties, shall be lia-
ble for all taxes that, by use of due diligence, he might have
collected, and shall fail so to do.
§ IT. It shall be the duty of the town clerk to tile in the Delinquent usts.
office of the county clerk of Ogle county, a copy, certi-
fied under the corporate seal of the incorporation, of the re-
turn of the town constable, showing the real estate upon
which taxes remain unpaid, at least five days before the first
day of the next term of said court which shall be holden af-
ter the return of said warrant, and filing the same in his of-
fice, and shall cause a notice of an application to be made to
6S:t
TOWI^S,
said comity court, fur an order to sell the same for iioiipay-
inc'ut <.f taxes and custs, and the time and ])lace of such (.r-
der to be })ublished m the same manner as required bv law
for the sale of real estate fur nonpayment of state and
county taxes; and the county court shall thereupon proceed
to disjHx.e ot tlie matter in the manner and as is reciuii-ed bv
tho law m such cases.
§ 1«. The town constable shall make the sale under the
order ot the county court, provided for in the above section
and the clerk of the county court shall kee])a recoi-d of such
sale, iile the same m his otKce, in a book to be provided fur
tluit purpose, issue certificates to the purchasers; and said
othcers shall, m all thmgs in and about said sale, comply as
near as may be, with the provisions of the laws for the time
bemg, du-ectmo- sales of lands fur nonpayment of state and
county taxes.
§ li'. _\7hen any real estate in said town shall be sold
as IS herein pruvided, fur nonpayment of taxes, the same
shall be subject to redemption by any person interested
thereni, wjtlini two rears after the same shall have been sold
on paying to the clerk of tlie incorporation double the amount
tor which the same may have been sold, and all taxes assessed
lor corporation purposes, which may have been i)aid by the
purchaser at such sale since such sale, with lec-al interest
thereon, h-om the time of «uch j^iyment to the tiine of such
redemption ; and thereupon the clerk of the county court
shall make out to the person so redeeming a certificate un-
der his hand and the seal of the said court, specifying the
lands redeemed, the time of redemption, the nmneys paid
and by whom; which shall h^ jjrima fade evidence in all
courts whatsoever of the acts therein stated. The clerk shall
pay such moneys to the treasurer of the town, takino- ami
filing his receipt therefor, and the treasurer shall deposit the
same m the town treasury, fur the use of the purchaser at
such sale, to be ]^aid out to him ur his assigns, on demand
tJieretor and receipts given.
§ 20. Taxes and all costs made thereon may be paid at
any time to the town constable before the sale uf tlie land
tor nonpayment thereof In case any real estate suld under
the provisionsot this act shall be and remain unredeemed,
as above provided, at the expiration uf two years from the
date ot such sale, a deed shall be made out 'and signed by
the president and countersigned by the clerk of the county
court, under the seal of said court, and duly acknowledged
Dysaid ofhcers, conveying the land to the purchaser orliis
assigns or his or their heirs or assigns, uin.n ].roof of such
lotice to he owner of the land as is re(inired bv the consti-
tution and lawsot this state, uf the sale uf land' fur nunpay-
nient ut taxes. ^ "
§ 21 Lands situated in said curpuratlun shall not be lia-
e to l)e assessed for road '
the state on that subject.
0 "Y ......VI., .^.lu.ueu iM said curi)uratiun shall not be
ble to be assessed for road taxes under the general laws of
TOWNS. 685
§ 22. Officers acting under this act of incorporation of Fees of officers.
tlie sale of lands for the nonpayment of taxes, and in all
])roceetlings precedent and consequent to the order to sell
the same, shall be entitled to the same fees as shall be allow-
ed by law t\»r similar services under the revenue laws of this
state, and the same shall be a charge \ipon land, taxed and
included in the order of the court directing such sale as is
])rovided in said laws. Private property shall not be taken
for the opening, widening or altering of any public street,
lane, avenue or alley, uidess upon petition, signed by tliirty
legal voters of said town, and notice given by pul)lication
in a newspaper, or by posting the same in four public pla-
ces, of the time and place (»f the presentation thereof to the
board of trustees, who shall pi'oceed to hear and determine
the matter at such time, or adjourn the matter to such time
as by them shall be thought proper ; such notice to be given
at least ten days before the time of presentation of such pe-
tition.
§ 23. AVhen it shall be necessary to take private proper- Taking of private
ty for opening, widening or altering any public street, lane, p*'"1'"'J'-
avenue or alley, the corporation shall make just compensa-
tion for damages to the person whose property is so taken ;
and if the amount of such compensation cannot be agreed
upon, the board of trustees of said town shall select, by bal-
lot, five commissioners, legal voters of said corporation, and
not directly interested in the question, who shall proceed,
having been first duly sworn, to make assessment of such
damages fairly and according to law, to examine the premi-
ses, and hear all parties interested in the matter who may
ap])ear before them. Tliey or a majority of them, shall
make out their award in writing, and return the same to the
board of trustees, under their hands and seals, with a certi-
ficate of the oatli by them taken ; and in case they, or any
three of them, shall be unable to agree upon any aM-arcl,
they shall l>e discharged by the board and other commis-
sioners in like manner selected in their j^lace. They shall
also assess upon the property in the town l)y them deemed
benefited by the opening, widening or alteiing such sti-eet,
avenue, lane or alley, the damages by them assessed there-
for, in ratable proportion, and report the same with their
assessment ; and the board of trustees shall issue their war-
rant for the collection of the same against the owners of the
land so reported to be benefited, to the town constable, and
the same is liereby declared to be a special tax and a lien on
the land so reported to be l)enefited, and may be collected
in the same manner as other corporation taxes are. An ap- Right or appeal,
peal may be taken from the award for damages, made by
said commissioners, by the board of trustees or the owner
of the pro]ierty so taken, to the circuit court of Oole
county, in the same manner and with the same effect as in
case of appeal from a judgment of a justice of the peace ;
TOWNS.
tlic l)ond on sucli appeal to be filed with the county clerk.
And the proceedini^s of the county court on such appeals
shall be the same as in case of appeal from judgments of
justices of the peace. Either party to such appeal shall have
tlio right to have tiie same tried by a jury, who shall assess
the amount of damages sustained by the owner of the pro-
perty taken as aforesaid ; and the circuit judge shall deter-
mine the amount of the costs to be paid, and may apportion
the same between the parties, as he shall think just and pro-
per. The amount of the damages assessed by the jury or
the court on such appeal, shall be assessed by the board of
trustees upon the property deemed and reported by the said
commissioners to be benefited by the opening, widening or
altering of such street, avenue, lane or alley, in ratable pro-
portion, according to the valuation thereof, adopted by such
commissioners; and the warrant of the board of trustees
sliall be issued by them for the collection of such damages,
as in case no ap})eal had been taken.
§ 24. Should the owner of any land upon which any
special tax be assessed under this act, be unknown, he may
be so described in all proceedings to assess and collect the
same.
Damag«i. § ^o. lu ascertaining the amount of compensation for
damages to be allowed to the owner for his property taken
for opening, widening or altering any street, lane, avenue or
alley, the commissioners' court or jury shall take into con-
sideration the benefit as well as the injury happening by
such opening, widening or altering such street, lane, ave-
nue or alley, and if the benefits exceed the injury shall so
report or find.
§ 26. The board of trustees for may, for good cause shown,
and application filed in the oflice of the board, within ten
days after the return of the commissioners appointed under
this act, open and set the same aside, and cause another
assessment to be made by the same or other commissioners.
Special tax. § 27. The board of trustces shall have powcr to providc,
by ordinance, for the assessing, levying and collecting a spe-
^ eial tax on the owners of lots in any street, lane, avenue or al-
ley or part or ])ai'ts thereof, according to the respective fronts
owned by them thereon, for the purpose of paving, grading,
])hinkiug aTid making, in such manner as the board "shall di-
rect, sidewalks and crosswalks, in such street, lane, avenue
or alley, or part or parts thereof; which tax is hereby de-
clared to be a lien on the land in reference to M'hicli it is
assessed, until paid, and to be a special tax, to be collected
as other corporation taxes are.
siacwaik rcpairi. ^ § 28. Tlic owucrs of lots sliall be allowed a reasonable
time, to be ascertained by ordinance, within which to make
or repair such sidewalk or crosswalk, under the direction of
the board of trustees, in front of the lots owned by them ;
and in case of failure to make or repair the same, within
TOWNS. 687
such time, the board of trustees are authorized to cause such
making or repairing to be done, and assess and collect the
necessary expenses thereof, in manner herein provided.
§ 29. All special taxes remaining unpaid, shall be re-
turned bj the town constable, in manner hereinbefore stated,
as to general taxes, and shall be annually reported to the
county court, at the same time ; and in all respects, the pro-
ceedings to procure a sale of the land for nonpayment there-
of, shall be conducted in the same manner that is herein pro-
vided to procure a sale of real estate for general taxes remain-
ing unpaid, and subject to sale and redemption in the same
manner.
§ 30. The inhabitants of the said corporation are hereby Road labor,
exempted from working poll tax for road labor, and from
all highway and road taxes whatever, otherwise than under
the provisions of this act. The board of trustees, to aid
them in keeping bridges, streets, lanes, avenues and alleys
in repair, in said town, shall have power to require every
male inhabitant residing within the limits of the corpora-
tion, over twenty-one years of age, and not incapacitated by
sickness or other infirmity, from manual labor, to labor on
said streets, bridges, lanes, avenues or alleys, not exceeding
three days in each and every year ; and any person failing
to perform such labor according to the ordinances of the
town in that behalf from time to time enacted, shall forfeit
and pay such tine as the board of trustees shall direct:
Provided^ that the board of trustees may provide for the
commutation of such labor.
§ 31. The board of trustees shall have exclusive juris- lin'ises, streets,
diction and control over all bridges, streets, avenues, lanes
and alleys and public highways at and within the incorpo-
ration, and the opening, repairing and making the same.
§ 32. The board of trustees shall have power to provide
for the punishment of ofl'enders, by imprisonment in the
town or county jail, in all cases where such offenders shall
fail or refuse to pay any line or forfeiture recovered against
them for breach of any ordinance of the town : Provided^
such imprisonment shall not be of a longer duration than
twenty -four hours for every three dollars of such fine and
costs.
§ 33. Justices of the peace of the county of Ogle j„s,ices' juHs-
residing within the limits of said corporation, shall have ^'<^''on-
jurisdiction of all suits and processes brought and issued for
the recovery of any fine or to enforce any penalty for
breach of any ordinance of said corporation; and consta-
bles of said county, residing within the limits of said corpo-
ration, shall have power and authority to serve and execute
all processes issued in any such suits, to be brought and judg-
ment rendered therein, and the same collected and enforced
in the same manner as is provided by the laws of this state
nSS TOWNS.
in Pi'milar cases, the riulit of trial by jury to either party
(k'lnandiiifr the same.
^ ;-J4. No fine for breach of any ordinance of the said
town sliall exceed one hundred dollars, nor imprisonment
for like oifense twenty days.
^ 35. All actions for tines, penalties and forfeitures
np'-nvorv of fines, ^. /',ii ix* V x.' • ^ ^ iii
-Ac. occunng for the l)reacli of any ordinance of saul town shall
he instituted and prosecuted in the name of ''The President
and Board of Trustees of the Town of Lane," upon
complaint of any person before any justice of the peace
residing in said town, by action of debt. The ordinary
])rocess shall l)e by summons; but in cases where the party
complainino; shall state, under oath, that he has <jood i-eason
to believe the party accused to have committed a breach of
an ordiiumce of the corporation, and that the party accused
is about to abscond or depart without the limits of the
county, or has so absconded or depaited, then the justice of
the peace may issue his warrant to brinji; the party accused
forthwith before him, to answer such complaint ; and in that
case the party accused shall remain in the custody of the
otticer until the suit is dis}^osed of, and the fine and costs, if
any, imposed on him be paid, or otherwise discharged,
according to law, unless he shall enter a recognizance,
w'ith good security, before final judgment in the case before
the justice of the peace, to the corporation, in double the
amount of the penalty that may be inflicted upon him in
the suit, conditioned that he will pay the judgment and
the costs that may be rendered against him therein ; and, in
defiult of such bail, the officer may commit the party
accused to the common jail of the county, for safe keeping,
while the cause is not being tried. The justice of the peace
shall grant but one continuance, on the application of the
plaintiff in the suit, in cases wdiere the accused is under
arrest. The recognizance shall lie filed in the oflice of the
justice, and incase of f )rfeiture shall be transmitted by him
to the clerk of the boai'd of trustees.
§ 36. Appeals and w^rits of certiorari shall be allowed
in all cases, l)oth on the ])art (»f the corporation and the
defendant, in all suits brought to recover any fine, penalty
or forfeiture for the breach of t ny ordinance of said town,
from the judgment of a justice of the peace to the circuit
court of Ogle county, to be taken and gi'anted in the
same manner and with like effect as a])])eals aiul writs of
certiorari from judgments of justices of the j)eace in other
cases,
Ai'i>'-='i'. § 37. The town constables shall have the same general
jurindiction and authority, within the county of Ogle, that
(»ther Constables of said county have, and shall be sub-
ject to the same liabilities, ami shall have exclusive author-
ity to collect all genei'al and sj)ecial taxes levied by said
corporation.
TOWNS. 089
§ 38. No money shall be paid out of the treasury of the Dis'inf^rmcnt o
said corporation, save upon resolution of the board of trus- """■^'
tees, specifying: to whom aiid upon what account the same is
]mid out, on order nuide by the clerk, signed by the pi'esi-
dent, and countersigned by the clerk, drawn in pursuance
of such resolution. All taxes of said town shall be collected
in gold and silver, or the notes of Illinois stock secured
banks, as the trustees may direct; and the orders on the
treasurer aforesaid, and all moneys belonging to the town,
shall be deposited and remain with the treasurer until drawn
out in the manner above provided.
§ 39. The board of trustees, annually, at least two weeks Aniuni atate-
prior to any general election for officers under this act, shall
make out and enter upon their records a full and complete
statement of the fiscal affairs of the corporation, showing,
item by item, all moneys received, from whom, to whom paid,
and on what account; also all moneys expended and paid out,
and to whom and on what account ; and the then indebtedness
of the corporation and on what account ; the amount of orders
on the. treasury then outstanding, to whom ])ayable, and on
what account ; a copy of which shall be published in a news-
paper in said town, at least one week prior to said election,
or, if none be published, then posted up in some public place
one week prior to such election. And for willful neglect or
for refusal on the part of said trustees or any member thereof,
to cause such statement to be made, as herein provided, he or
they shall be deemed guiltj' of a misdemeanor, and, on
conviction thereof, shall be fined in a sum not exceeding
one hundred dollars.
§ 4:0. All persons, members of any lire company organ- Exemption fvo'^
ized under the ordinances of said corporation, shall, during
the time of such membership, be excused from serving in
the militia, unless in cases of actual invasion or insurrection,
and from sitting on juries, and, after serving seven years as
such fireman, consecutively, and receiving a certificate to
that efiect, under the seal of the corporation^ shall thereaf-
ter continue to be so exempt. Ko person shall be disquali-
fied as a witness or juror in any suit or proceeding wherein
the corporation may be a party or interested, in consequence
of being an inhabitant of said town, or member or officer
of said corporation.
§ 41. The first election of trustees shall be held at the office Election of tms
of S. Ilamaker, in said town of Lane, and shall be opened at
nine o'clock in the morning, and continue open until five
o'clock in the afternoon ot the day. The electors present at the
opening of the polls shall elect two of their number to offi-
ciate as judges, and one to act as clerk, who shall be sworn,
and in all things shall conduct such election as is required
by the general election laws of this state ; shall canvass the
votes and make certificates, under their hands and seals, of
the persons elected, and deliver the same to them, and
—61
«00 TOWNS.
iiiiiko returns of the poll book, jnul certificate attached, to
the clerk of the hoai'd of trustees, when he shall be a])pointed
and enter upon the duties of his ottice.
§ 42. The title, "town clerk," when used in this act,
shall be held to mean, in all cases, the ''clei-k of the board
of trustees."
§ 43. This act shall be deemed a public act, and shall
be in force from and after its passage.
Appkoved February 22, 1861.
In riiiTf. F.i,in;iry AX ACT to incorporate the Town of Metamora, in the county of Woodford,
13, 1S0I. and to k'galize the election for town officers therein.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, Tliat the
Bjuniiaiica. iiduibitauts and residents of the town of Metamora, in the
county of Woodford, are hereby constituted and declared a
body corporate and politic, by the name and style of " The
President and Trustees of the Town of Metamora ; " that
the said town shall consist of and include in its boundaries
tiie tracts of land known as the south half of section seven-
teen and the north half of section twenty, in township
twenty-seven north, in range two west of the thii'd })rincipal
lUeridian ; and whenever any tract of land adjoining said
town is laid off into town lots and recorded, the same shall
be attached to and form part ot said town.
Eieriions logai- § 2. That tlic clcction wdiich was held in said town, for
''''''• the incor])i.>ration thereof, on the eighth day of January,
A.D. 1S50, and also the several elections held therein on the
iifteenth day of January a.d. 1851', and on the third Mon-
day in the month of March, a.d. 18G0, eacli for the election
of trustees of said town, be and the same are hereby
declared valid, in all respects, any informality or irregu-
larity in the manner of conducting said elections and making
returns thereoi to the contrary notwithstanding; and the
said trustees, so elected, and their successors in otiice, shall
aiul nuiy exercise all and singulai- the corporate powers
granted to incorporated towns by chapter twenty-iivc of the
Jtevised Statutes, relative to the incorporation of towns,
and also by the several acts amendatory thereto, and all
powers granted by any general laws relative to incorporated
towns.
A uiiini cicctioiiH. § ^' On the thii-d ]\roiulay in the nionth of March, a.d.
1801, and on the third Monday in ]\[arch in each year there-
after, an election shall be held in said town for five trustees,
who shall be successors to rlie ])reseut trustees of said tt)wn.
At llic ne.\t reguhir election for trustees of said town, and
TOWNS. 691
every four years tliereat'ter, there shall be elected one police
iiiagisti'ate and one town consta1)le, who shall each hold his I'oricemagistiate.
ottice for four years, and until his successor is elected and
qualilied. Such police nia^istrate, and his successor, shall
be connnissioned and qualilied in the same manner that
justices of the peace are, and shall have the same jurisdic-
tion, powers and emoluments as other police magistrates
and justices of the peace in this state. Said constable, and
his successor, shall be qualilied as is or may be prescribed
by ordinance, and shall have and exercise the same juris-
diction, powers and emoluments as other constables in this
state, and such as are or may be prescribed by ordinance.
Such elections, and all special elections to till vacancies,
shall be provided for, held and conducted and returns made
as is now or may be prescribed by ordinance.
§ 4. This act shall take effect and be in force from and
after its passage.
Approved February 13, 1S61.
AN ACT to amend the charter of the Town of Marenffo, in McHenrv county, infor.e I'.inuary
Section 1. £e it enacted hy the Peojple of the State of
Illinois^ represented in the GeneralAssenihlij^ That, in addi-
tion to the powers granted to the said town by the act of Ctmeieiy.
incorporation, the president and board of trustees of the
said town shall have power to purchase or to receive, by
gift or grant, such real estate, not to exceed forty acres, and
to hold the sanie tor the use of the said town, for cemetery
purposes, as they may think proper or necessary for the
burial of the dead, such as they may think proper to order
or permit to be buried therein ; and shall have power to
inclose and improve the same, in such manner and to such
extent as they may think expedient. e
§ 2. After the title to said land shall have beien acquired ^cem°ter'"*^ '"
as aforesaid, and the same shall have been inclosed by a
good and substantial fence, and properly graded, the presi-
dent and trustees shall immediately proceed to lay out into
lots, in suitable size for burial purposes, having due regard
to taste and convenience, the whole of said land; and shall
cause the said lots to be appraised at a minimum ralue,
below which they shall not be sold, and shall proceed to sell
the same, or such parts thereof as they may deem expedi-
ent, at such time and place as they may think proper, at
]iublic auction or private sale, the price to be paid not to be
less than the minimum value, as appraised as aforesaid. The
president shall execute a deed or deeds to the purchaser or
{',J:i TOWKS.
]);ir('li!iseiv, wliicli sluill be <j;()Oi\ and efiectunl, in law, to
convey ami enuHnii the title to said lots to the purchasers,
thoir heii's and assifijns.
p„. If „•;,„>,■, V,. ^ 'J- '-l-'luJ moneys arisin"' from the sale cif said lots sliall
r uiKi I'll iiiijM u\ I - t,' ./ r^
"'^■'•'- he a special fund in the treasury of said town, subject to the
Control of the president and trustees, for the yjurpose of
iniprovini;: and ornamenting said cemetery grounds, and for
no other purpose.
Reseiveiot3. § "i- '^'^"'^ ^^'^'^ prcsidcut and trustees shall set apart and
reserve from sale a sutHcient number of the said lots for the
burial of all such as the corporate authorities of said town
or friends of the person or persons deceased nia_y. choose or
desire to liave buried tlierein; which said hjts shall be free
to the use of the inhabitants of said town ; nevertheless
shall be under the control and direction of the president
and trustees.
§ 5. For the purpose of paying for the said land, and
for paying for the fencing and grading the same, the presi-
dent and trustees may levy a tax on all the taxable property
in said town, of not to exceed one-half of one per cent.,
annually, until the said land, fencing and grading shall have
been paid for, Mdien the same shall cease to be levied. The
said tax to be levied and collected in the same manner as
other taxes provided for in said charter are levied and col-
lected ; and the collector shall have the same power and be
subject to the same liabilities as in the collection of other
taxes.
§ 6. This act to take effect from and after its passage.
Appkoved February 13, 1861.
Lsvy of tax.
la force KpIpi-i ury AN ACT for levying a tax in township two south, range eleven west, in Mon-
'■^*'' ■'^'^'- roe county.
Section 1. J^e it enacted hjj the People of the State of
Illinois, represented in the General AssenJjly^ That the
trustees of schools in townsh'p two south, of range eleven
west, in Monroe county, are hereby authorized and empow-
ered, and it shall be their duty, to levy a tax in said town-
ship, sufficient .to equal the amount of townshiji lunds
heretofoie expended in said townshij) on the Northern
school house and the Union school house, ia said township,
together with the costs of collecting the same; which fund,
when so (•((IJceted, shall be held as a part of the school fund
of said townsJii|).
§ -}. This act shall be in i'oi'ce IVom its ])assage ; and the
secretary of state shall certify a coi)y of this act- to the clerk
of the county court ot Monroe C(ninty, upon its passage.
Ai'j'i:ovKi) February LH), 1801.
TOWNS. 61)3
AX ACT to incorporate the Town of Mount Vernon. Infm-ce ivipiuary
•it, JiO!.
Skc'I'ion 1, Be it enacted hy the People of the State of
Jllittois, rfjjrmnnied in the General Af^sembl.^., That tlie in
liabitants of the suid town of Mount Vernon, in the county
of Jeiferson, and state of Illinois, are hereby constitutetl a
body corporate and poUtic, by the nanje and style of "The -Name au.i si vie.
Town of Mount Yernon ;" and by that name shall have
perpetual succession ; may sue and be sued, plead and be
impleaded in law and equity, and may have and use a
common seal, and alter and change the same at pleasure.
§ 2. Said town of Mount Vernon, shall comprehend and Bjun.irtnes.
einbrace the folio ,ving boundaries and territory,- to-wit: The
distance of one mile square, taking the court house of said
county as the center, being the same territory now under
the jurisdiction of the said town at the passage of this act.
§ 3. Whenever any tract of land, adjoining the said town AtMition to town.
of Mount Yernon, shall be laid off in town lots, and record-
ed, according to law, the same shall be annexed to and form
a part of the town of Mount Vernon.
§ 4. The inhabitants of the said town, by the name and corporate powu-s
style aforesaid, shall have power to purchase, receive and
hold real and personal property in the said town, and to
purchase, receive and hold real property beyond the limits
of the said town for burial grounds, for the use of the inha-
bitants of the said town ; and to sell, lease and improve
property, real and personal, for the benefit of the said town,
and to do all other acts in relation thereto as natural persons
might or could do.
§ 5. The town council shall have powder and authority, collection of feee.
by ordinance, to levy and collect taxes upon all property,
real and personal, Mathin . the limits of the corporation,
not exceeding one-half of one per cent, per annum upon the
assessed value thereof, and may enforce the payment there-
of in any manner prescribed by ordinance, not repugnant
to the constitution of the United States or of the state of
Illinois.
To appropriate money, and provide for the payment of
debts of the corporation.
To make regulations to prevent the introduction of con- Health reguia-
tagious diseases into said town. ^"'°^'
To make regulations to secure the general health of the
inhabitants of said town.
To make all needful rules to prevent iiogs and cattle from
running at large.
To pi-ovide for the erection of all needful buildings for the
use of said town.
To provide for inclosing, improving and regulating all
public grounds belonging to the said town.
To prohibit and sui)pi-ess all tippling houses, dram shops, Tippim,- houses,
gaming houses, and all disorderly houses. ^*^"
TOWNS.
Til provide for the extinguishment of iires, and to organize
and cstahhsli lire comjjanies.
To regulate the election and appointment of corporation
ofKcers, and to provide for the removing from othce any
person liolding otiice in the corporation ; to fill vacancies ;
to erect and keep in repair school houses, and provide for
the maintenance of all necessary common schools, and de-
mand, receive and have a due proportion of the common
school fund, for that purpose ; to impose lines, penalties
and forfeitures, and enforcement of such fines, penalties and
forfeitures ; and to make all needful rules and regulations
for fully carrying into effect all the powers specified in
this act.
^ 6. The town council shall have power to open, alter,
extend, grade, pave, A^acate or otherwise improve and keep
in repair the streets and alleys, to make' and keep in repair
sidewalks : Provided^ that the owner of the real propei'ty
in front of which any sidewalk sliall be made shall pay one-
half of the cost thereof, in addition to any and all taxes paid
on said property ; to prohibit the indecent exposure of per-
sons ; to provide for taking enumeration of the inhabitants ;
to suppress and prohibit billiard tables, lotteries, and all
other games ; to license, tax and regulate auctioneers, hawk-
ers, peddlers, pawnbrokers, exhibitions, shows and all other
amusements ; to regulate the speed and proper securing of
horses and all other animals on the streets and alleys of the
said town ; to suppress, abate and prohibit nuisances with-
in the corporate limits ; to license the sale of liquors by
such person or persons as they shall deem proper, for the
following purposes, to-wit; mechanical, medicinal and sacra-
mental ])urposes ; and the person or persons so licensed
shall, before obtaining such license, make, execute and de-
liver to the town council a l)oud, with sufficient security, in
such sum as may be determined by the council, for the
faithful observance of his duties under this act and all ordi-
nances made thereunder, and a compliance with the terms
of his license. Such person shall also make a written quar-
terly re])ort, certified under oath, to the council ; which re-
])ort shall show the amount of spirituous liquor by him sold
within the last ninety days, and for what purposes, together
with the C(jst thereof and the net profit realized therefrom :
Provided^ that he shall not cliarge, in any case, over fifty
]H'r cent, net jirofiis on any sale, under such penalties and
forfi'itures as njny be prescribed by ordinance.
ARTICLE 2.
OF THE TOW\ COUNCIL.
An.muukctionn. ^ 1- Tlicrc shall bo a town council, to consist of a presi-
dent and six councilmen, a cor])oratiou magistrate, a mar-
shal, and treasurer, and such other officers as may be pro-
TOWNS. Gl>5
Yided for by ordiiiaTice. The said ]~)rcsidciit, town council,
niai;-istrate, marslial, and treasurer, shall l)e elected annual-
ly, un thv iirst Monday in the month of A]:)ri] m each year,
who shall serve for one year and until their successors are
elected and qualitied : Provided^ that the first election shall
he held under the direction and control of the president and
hoard of trustees of the said town who may hold such ottice
at any time specified by this act for holding elections.
§ 2.. No person shall be eligible to any elective office in Quaiiiicatinn
the said town, unless lie shall be at the time and shall have "''^'*''
been for six months last preceding such election a resident
of the said town, nor nnless he shall be at the time of his
election, twenty-one years of age.
§ 3. All tlie elective officers of the corporation shall,
before entering upon the duties of their [respective] offices,
take and subscribe an oath well and truly to discharge the
duties of their offices, respectively ; which shall be entered
nj)on the minutes of the corporation.
§ 4. If any jjerson holding office in said towT^i shall re-
move therefrom his office shall thereby become vacant.
§ 5. The treasurer, and marshal, and such other officers omcini bonds,
as the council may direct, shall, betbre entering upon the
duties of their respective oflices, execute a bond, with suffi-
cient security, in such sum as may be directed ; which shall
be preserved among the records and papers of the corpo-
ration.
§ 6. All vacancies which may occur in any of the offices
may be tilled in such manner as may be directed by ordi-
nance.
§ 7. The board of councilmen, or a majority of them,
shall constitute a quorum, but a smaller number may ad-
journ, from da}^ to day, and compel the attendance of ab-
sent members, by such fines and penalties as may be pro-
vided by ordinatice ; and shall judge of the qualification,
elections and returns of their oM-n members, and determine
contested elections.
§ 8. Any person shall be allowed to vote at any election Qumniration of
for any person to hold office under the provisions of this ^"'''"'
act and the ordinances made under it, who shall be, at the
time, a qualified voter of the state, or who shall be at the
time, owner ol real estate M'ithin the corporation and a tax
payer therein, and who shall have resided within said cor-
poration for one month preceding said election.
§ 9. The style of the ordinances of said corporation shall
be, "^g it ordained hy the President and Board of Council-
men of the Toivn of Mount Vernon.'^''
§ 10, All deeds of conveyance shall be signed by the
president and countersigned by the secretary, and attested
with the seal of the corporation.
§ 11. All ordinances passed by the board of councilmen P';i;"i;on ,.for-
shall, before becoming a law, be published in some newspa- *''"'^'^®'-
{][){] TOWNS.
per in the coniitj, for the period of ten clays from the issue
of sncli ])aper, or shall be posted up in at least three of the
most piihiic places ^vithiIl the corporation, for the same
time.
F«,.s. § 12. All prosecutions for the violation of any ordinance
shall be prosecuted before the corporation magistrate; and
in case of his absence or inability to attend, then before any
justice of the peace within the corporation : Provided^ that
in all cases the right of trial by jury, change of venue and
appeal shall be and remain the same as in causes before jus-
tices of the peace under the laws of this state.
Mi.vfhar? duties. ^ 13. The fecs allowed the said corporation magistrate
and marshal shall be the same as allowed in similar cases
to justices of the peace and constables : Provided^ that the
board of councilmen may, by ordinance, increase the same,
not exceeding one hundred per cent.
/ssessmentF. § 1^- It sluiU be the duty of the marshal to serve all
process, to him directed, and to report to the corporation
magistrate, or, in his absence or inability to attend, then to
some justice of the peace within the corporation, all viola-
tions of any ordinance; and, in the cases specified, the said
justice shall proceed in the cause with the same effect as the
corporation magistrate might do.
§ 15. The assessor shall assess the property, real and
personal, if required, for any year, between the first day of
May and the first day of July, in the same year, unless a
Appeah. difierent time shall be fixed by the board of councilmen,
and, witliin ten days thereafter, make return to the council ;
and the council shall proceed and levy the tax for the cur-
rent year, and cause a list thereof to be delivered to the
marshal, who is hereby made collector for said town,
§ 16. All right of property heretofore belonging to the
said town is hereby contimied therein.
§ 17. Appeals to the circuit court of said county shall be
alloM'ed in all cases arising under this act, or any ordinance
made in pursuance thereof.
§ 18. This act is hereby declared to be a public act, and
shall be construed beneficially for all the purposes lierein
contained, and may be read in evidence in all courts in this
state, of law and equity.
§ 19. This act shall be in force from and after its
passage.
Approved February 22, 1801%
TOWNS. ^""7
AN ACT to incorporate the town of Milton. 1° ^oj[« fscY.""'
Section 1. Be it enacted Uj the People of the State of
Illinois, represented in the General Assembly, That the in- _
habitants of the town of Milton, in the county of Pike, and Boundanes.
state of lUinois, are hereby declared to be a body cor])()rate,
by the name and style of "The Town of Milton ;" and by that
name shall have and exercise all powers usual and necessary
for municipal purposes. . i i i
§ 2. • The boundaries of said town shall be to include the
orii^inal plat and all subsequent additions which may have
beeii or hereafter may be made and recorded.
§ 3. The said town of Milton is hereby invested with all corporate power,
the powers, rights, privileges and immunities, and made sub-
ject to all the liabilities, and shall be entitled to and be con-
ducted in conformity with all the provisions of an act enti-
tled "An act to incorporate the town of Sandoval," approved
February the 18th, 1859, so far as the same can be made
applicable to the said town of Milton, and not herein other-
wise provided. r. . i in TmsueB
§ 4. The corporate powers and duties of said town shall
be vested in live trustees, who shall form a board for the
transacting of business; and the following named persons,
to-wit: Fielden Hanks, Charles Bolin, William M. Crary,
Ezekiel C. Clemmons, and James W. McMillin, are hereby
appointed said buard, and shall hold their offices by virtue
of this act, until the first Monday in April, a. d. 1861, and
until their successors are elected and qualified.
§ 5. On the lirst Monday in April, 1861, an election shall
be called by said board, to be holden in the said town of
Milton, for the election of five trustees for said town ; and
thereafter on the first Monday in April, in each year, an
election shall be held for said officers. They shall be twenty-
one years old, and citizens of the United States, and shall
possess a freehold estate within the limits of said town.
§ 6. The trustees shall have power to levy and collect a fax*^
caiMtation tax, not to exceed one dollar on each and every
male inhabitant of said town over the age of twenty-one
% Y. The fourth and fifth sections of article on "Streets
and Allevs," in the act entitled "An act to incorporate the
town of Sandoval," are hereby declared to be without force
or effect in this act. .
§ 8. This act shall be deemed a public act, and read in
evidence, without proof; and shall take effect and be in torce
from and after its passage.
Appboved February 21, 1861.
—63
698 TOWNS.
lo force February AN ACT to incorporate the town of Marsailles.
21, 1&61.
Section 1. Be it enacted hy the People of the State of
Illinois, 7'epresented in the General Assemhly, That the in-
habitants of the town of Marsailles, in the county of La
Salle, and state of Illinois, be and the same are hereby con-
stituted a body corporate and j^olitic, by the name and style
of " The President and Trustees of the Town of Marsailles,"
and by that name and style shall have perpetual succession,
and may have and use a common seal, which they may alter
or change at pleasure, and in whom the government of the
corpoi-ation shall be vested, and by whom its affairs shall be
managed.
§ 2. The boundaries of said town shall be as follows, to-
Wit : (Jommencmg at the quarter section corner of sections
seventeen and twenty, town thirty-three, and range Hve
east; thence, north, one mile, to quarter section corner of
sections seventeen and eight, town thirty-three, range five
east ; thence, west, two miles, to quarter section corner of
sections twelve and thirteen, town thirty-three, and north
range four; thence, south, on said Kne, to the Illinois river;
thence, east, up said river, two miles, to the half section
line of section twenty, town thirty-three, range five east ;
thence, north, to the place of beginning.
Corporate powei 8 § ^' The inhabitants of said town, by the name and
style aforesaid, shall have power to sue and be sued, to plead
and be impleaded, defend and be defended, answer and be
answered unto, in all courts of law and equity in this state,
in all actions whatever ; to purchase, receive and hold prop-
erty, real and personal, within or beyond the corporate lim-
its of said town, for burial grounds and other public purpo-
ses, for the use and benefit of the inhabitants of said town ;
to sell, lease or otherwise dispose of the property, real and
personal, of said town, for the use and benefit of the same ;
and to improve and protect such property, and to do all
other acts and things in relation thereto that natural persons
might do.
Trueteee ^ ^' "^^^^ Corporate powers and duties of said town shall
be vested in five trustees, who shall constitute a board for
the transaction of business of said town ; and the persons
who are now trustees of said town, holding their offices under
and by virtue of the general law of this state for the incor-
poration of towns and cities, shall be deemed to hold their
offices, under and by virtue of this act, until the first Mon-
day of May, 1861, and until their successors are elected and
qualified.
iiection. § S- On the first Monday of May, in the year 1861, and
ever afterwards, on the first Monday in May, in each and
every year, an election shall be held in said town of Mar-
sailles, for the election of five trustees of said town. The
persons so elected shall be citizens of the United States and
TOWNS. 699
of this state; they shall possess a freehold estate within said
town, and shall have actually resided within said town six
months next preceding their election ; and shall hold their
offices for the term of one year and until their successors
are elected and qualified, unless sooner removed by death,
resignation or otherwise, as provided by this act or the ordi-
nances of said town.
§ 6. The incumbent board of trustees shall give ten days' ^'o*"=e.
notice of. any and. all elections to be held under the provi-
sions of this act or any ordinances of said town, by posting
up notices, in writing, in at least three public places in said
town. Said notices shall specify the time and place of hold-
ing such election ; the hour of the day at which the polls
shall be opened; and the hour at wdiichthey shall be closed.
The voters who may be present at the time and place speci-
fied for holding any such election, shall, at the hour specified
for opening the polls, appoint, by acclam.ation, three of their
number to act as judges of such election ; and the said judges
shall appoint two clerks of such election. Said judges and
clerks, before entering upon the duties of their offices, shall
qualify, in the same manner as is required of judges and
clerks of elections for state and county pui-poses. All such
elections shall be by ballot ; and all persons who, by the
laws of this state, are entitled to vote for state and county
officers, and who shall have been actual residents of said
town six months next preceding such election, shall be
entitled to vote thereat ; and all cases of contested elections,
under this act, shall be tried and determined by the police
magistrate of said town, in such manner as may be provided
by ordinance.
§ 7. The trustees elect, before enterins; ui3on the duties p°^"'^ °f ^^^
^ ' ' o J. trusteGP,
of their offices, shall take and subscribe an oath to support
the constitution of the United States and of this state, and
that they will, to the best of their abilities, faithfully dis-
charge the duties of their office. They shall hold at least
one regular meeting every three months ; and shall, at
their first meeting, appoint one of their number presi-
dent. A majority of said trustees shall constitute a quo-
rum to do business; but a smaller number may adjourn
from day to day, and may comj^el the attendance of absent
members, in such manner and under such penalties as may
be by ordinance provided. Said board may make such rules
and regulations as to them raaj' seem proper ; thej shall
have power to fill vacancies by ajjpointment, iu the board of
trustees, occasioned by death, removal, resignation or con-
tin nal absence from their regular meetings for the term of
three months; or otherwise. They may punish their mem-
bers for disorderly conduct, and by a vote of three-fifths of
all of their members they may expel a member from the board,
and they shall also have power to remove from office, by a
vote of three-fifths of all their members, any subordinate
700
TOWNS.
Offieert.
Taxes.
Abiinal^.
Bogs.
Rj<iing iiiul (Iri-
roblic ijouiui.
Shows.
Hiolf.
HoieaDCce.
officer of said town who holds his office bv appointment of
the board of trustees of said town.
§ 8. They shall have power and it shall be their dutj to
appoint a clerk, a town constable, treasurer, assessor, collector
and one or more street commissioners, and snch other offi-
cers, (if any,) as may be necessary for carrying; into eflect
the provisions of this act and the ordinances of said town
and to require them, before enterino; upon the duties of their
respective offices, to give such bonds and security as may be
necessary to insure the faithful performance of their duties*
they shall also require all persons appointed to office by
thejn, before entering upon the dischai-ge of the duties of
their respective offices, to take and subscribe an oath that
tliey will support the constitution of the United States and
of this state, and that they will faithfully and to the best of
their ability, discharge the duties of their offices.
§ 9. They shall have power and authority to levy, assess
and collect taxes upon all property, real and personal, within
said town, which is subject to taxation for state and county
purposes, not exceeding iifty cents, (annually,) on the hun-
dred dollars, of the assessed valuation thereof; and they
may assess and enforce the collection of such taxes by any
ordinance or ordinances not repugnant to the constitution of
this state or the United States, they shall also have power
to appropriate money and provide tor the payment of the
debts and expenses of the incorporation.
To restrain, regulate or prohibit the running at large of
any cattle, horses, sheep, swine, goats and other animals,
and to authorize the distraining, impounding and sale of the
same, and to prohibit any indecent exhibition of horses or
other animals.
To prevent and regulate the running at large of doo-s and
authorize the destruction of the same when at large contrary
to any ordinance.
_ To prevent horse racing or an immoderate riding or driv-
ing withm the limits of said town, of horses or other ani-
mals; to prohibit the abuse of animals; to compel persons
to tasten their horses or other animals attached to vehicles,
or otlierwise, while standing or remaining in any street
alley or any public road in said town.
To establish and maintain a public ^jound, and appoint a
pound master and prescribe his duties.
To license, regulate and proliibit ail exhibitions of com-
moT. showmen shows of every kind, caravans, circuses and
exluhitions and amusements.
To prevent su])press and prohibit any riot, affray, dis-
urbauco or disorderly assemblages, assaults, assaults and
batteries, or shooting within the limits of said town.
io abate and remove nuisances and punish the authors
tbereot, and to define and declare what shall be deemed nui-
TOWNS.
701
sauces, and authorize and direct tlie summary abatement
thereof.
To restrain and prohibit all descriptions of p;amblnicj; and
fraudulent device, and to suppress and prohibit billiard ta-
bles, ball alleys and other gaining establishments.
To suppress and prohibit disorderly houses and groceries, Disorderly houses
and houses of ill tame.
To prohibit the sale of ardent spirits, and suppress tip- Licenses.
pling houses, dram shops, gaming houses, bawdy houses,
and other disorderly houses : Provided, the president and
trustees shall have power to license and regulate the sale of
spirituous liquors, in case a majority of the voters ot said
town shall, at any regular election for town officers, vote m
favor of the same. That no license shall be granted to sell
any spirituous or malt liquors tor a less sum than fifty dol-
lars; and the proceeds of said license shall be appropriated
to the use of said town.
To regulate the election of town officers, and provide tor
removing from office any perscn holding an office created by
ordinance.
To tix the compensation of all town officers, and regulate Fine, andforfeit-
the tVes of jurors, witnesses and others, for services rendered
under this act or any ordinance.
The board of trustees shall have power, by ordinance, to
regulate the internal police of the town; to declare what
shall be considered misdemeanors, and to impose lines and
forfeitures for the breach of any ordinance, and provide ipr
the recovery and appropriations of such fines, and forfeit-
ures and the enforcement of such penalties.
The trustees shall have power to regulate, grade, plank,
pave and improve the streets, public squares and alleys m
said town, for which purpose they shall have power to levy
annually, a road labor tax, of not more than six days and
not less than three days, against every able bodied male in-
habitant of said town over the age of tw^enty-one years and
under fifty years of age, to be collected and expended m
such manner as they determine and direct.
The present police magistrate of said town of Marsailles, Police magisu-ate.
holding his office under and by virtue of an act_ entitled
" An a^t for the better government of towns and cities, and
to amend the charters thereof," approved February twenty-
seventh, eighteen hundred and fifty-four, (Feb, 2T,_ 1854,)^
shall be deemed to hold his office under and by virtue ot
this act until the expiration of his term of office, at the first
election, under this act, for trustees of said town, alter the
expiration of the term of office of the present police magis-
trate of said town, and every four years thereafter.
That the police magistrate of the town of Marsailles and ^^^^-^ .^S.
county of La Salle, shall have jurisdiction to hear and de- tion.
termi'ne all complaints, suits and prosecutions mentioned
and described in section seventeen of chapter torty-nme, en-
702 • TOWNS.
tided " Justices of the Peace and Constables," of the Ke-
vised Statutes, in which the amount cLiimed to be due does
not exceed one hundred dollars. Said police magistrate
shall have jurisdiction to hear and determine all complaints,
suits and proceedings in all debts in which the action of
debt, assumpsit, trover, replevin or trespass upon personal
property, all actions on the case, excepting libel and slander,
will be [lie,] in which the amount claimed to be due does'
not exceed one hundred dollars.
I'rosocutious. All jjrosecutions under the laws and ordinances of said
town of Marsailles, for assaults, assault and batteries, affrays,
riots, routs, disturbing the peace of the inhabitants of said
town, disturbing any public meeting, religious or otherwise,
unlawful assemblages of any kind, and cases in which the
penalty attached by the law of or ordinances of said town
is imprisonment in the county jail of said county of La Salle
shall^ be, except in cases of arrest without warrant, as here-
inbefore provided, commenced by complaint and warrant,
in the same manner prescribed by the laws of the state of
Illinois for the regulation of criminal proceedings in justices'
courts ; and in all such cases the rules of practice and pro-
ceeding shall be the same as are prescribed in' such cases for
justices' courts by the laws of this state ; except when the
laws and ordinances of said town prescribe new rules, or
different rules of practice or proceeding, in which case the
rule of practice or proceeding shall conform to the rule pre-
scribed by the laws or ordinances of said town.
Fines. I" all actions of debt for offenses • committed against the
laws or ordinances of said town it shall be lawful for the
plaintiff in the same suit to allege, prove and recover for
any number of offenses of tlie same nature : Provkhd, that
the amount recovered shall in no case exceed the sum of one
hundred dollars. All fines or penalties received or collected
for any violation of the laWs or ordinances of said town
shall, by the person or persons receiving or collecting the
same, be paid into the treasury of said town and be appro-
priated to the use of said town.
The pi-esident and ti-ustees of said town shall not, in any
suit in_ which they are concerned for the violation of any law
or ordinance of said town, either before the commencement
or during the pendency thereof, be compelled to give any
security therein for costs. The president or trustees or any
otlier othcer of said town shall be a competent witness for
either pai-ty in any suit for a violation of the laws or ordi-
nances of said town.
Ai'PKovED February 21, 18G1.
TOWNS. 703
AN ACT to amend an act entitled "An act to incorporate the Town of Mat- In force February
toon," approved February 22d, 1859. '
Section 1. Be it enacted hy the Peoijle of the State of
illinois, 7'epresented m the General Assembly^ That wher-
ever the word "town" occurs in the act to which this is an
amendment, there shall be substituted the word "city;"
and wherever the word "trustees" occurs, in said act, there
shall be substituted the word "councilmen."
§ 2. That the folio wi no; sections of the above entitled act
be amended so as to read as hereinafter expressed :
ARTICLE 2.
There shall be a city council, to consist of a president city councu.
and six councilmen, to be elected, annually, by the qualilied
voters of said city.
§ 2. No person shall be a member of the city council,
unless he shall be at the time of and shall have been six
months immediately preceding his election, a resident of
said city, a hona fide freeholder at the time of his election,
have paid a corporation tax in said city during the preceding
year, over the age of twenty-one years, and a citizen of the
United States. And if, after his election, any member of
said city council shall cease to be a freeholder his office
shall thereby be vacated.
§ 5. The president and a majority of said councilmen Quorum,
shall constitute a quorum to transact business, but a smaUer
number may adjourn, from day to day, and compel the at-
tendance of absent members, under such fines and penalties
as may be prescribed by ordinance.
§ 7, The city council shall keep a well bound book, in Records and ordu
which shall be recorded, in a fair and legible hand, all the
by-laws, ordinances, regulations and other proceedings of
said city council, especially all orders for the payment of
money, with the vote of each member upon all questions
before said council ; and the city clerk shall, immediately
after the adjournment of each sitting of said city council,
furnish for publication, in some newspaper in said city, a
correct statement of said proceedings and votes.
§ 12. The city council shall meet for the transaction ot
business on the tirst Monday of each month, at such time
and place as may be prescribed by ordinance.
ARTICLE 3.
§ 1. There shall be elected, in the city of Mattoon, by •^^elcea^dcon-
the qualified voters thereof, on the first Monday of April, stable.
A. D. 1861, and every four years thereafter, a police justice
and city constable, who shall hold their offices four years
and until their successors are elected and qualified.
704
TOWNS.
§ 5. The citj council shall have power to execute writs
or other process, issued by the police justice of said city,
anywhere in Coles county, and shall be entitled to thesanie
fees as other constables, "in like cases ; and shall be placed
under such bond, conditioned for the faithful performance
of the duties of his otSce, as may be prescribed by ordinance:
Provided, that in case of sickness, absence, death, resii^iia-
tion or retusal to act of the city constable, any constable of
Coles county shall execute said writs or other'process.
ARTICLE 4.
§ 1. On the first Monday of April, 1861, an election
shall be held in said city for president and six members of
the ciry council, also a city clerk, treasurer, and street su-
pervisor ; and thereafter, on the first Monday of April, of
each year, there shall be an election in said city for said
officers. Said election shall be held and conducted as are
or may be prescribed by ordinance,
of § 2. All persons entitled to vote for state ofiicers, who
have paid a corporation tax to said city during the year
immediately preceding such election, and have resided in
said city ninety days previous to said election, shall be en-
titled to vote for said ofiicers.
ARTICLE 5.
§ 1. The city council shall have power and authority to
levy a tax, annuall.y, upon all property, real, personal and
mixed, within the limits of said city, which is now or may
be hereafter sul)ject to taxation for state or county purposes;
and said council shall adopt the annual assessment made of
the property of said city by the county or township assessor,
and cause the same to be collected by the county or town-
ship collector. At the September meeting the said council
shall ascertain how much money must be raised for the
purpose of defraying the expenses of said city, and shall
tjien lind what rate per cent, will be recpiired to be levied.
1 he city clerk shall, previous to the second Monday of Sep-
tember, annually, deliver to the county clerk or other offi-
cer, whose duty it is or may be to extend the state and
county tax, a certificate of the rate of tax levied by said
city council, together with a list of the resident tax payers
in said city, which certificate shall be a copy of the records
ot said city council; and upon the receipt of such certificate
the said tax shall be extended and collected and its collec-
tion entorced m the same manner as other revenue. The
clerk ot the county court and county or township collector
shall l)e allowed the same compensation, for services under
this act, as are allowed them for similar services under the
revenue laws of this state.
TOWNS. 705
§ 2. The city council shall have power to prescribe the Duties of officer*,
duties of city clerk, treasui-er and supervisor of streets and
all such other officers as may he necessary, and to require
of all such officers to enter into bonds, with such penalties
and security, for the faithful performance of their respective
duties, as may be prescribed by ordinance.
§ 4. To appropriate money and provide for the payment
of the debts and expenses of said city : Provided^ the city
council shall not create debts, or render the city liable for
debts created by them, in the aggregate to exceed live
hundred dollars, without first being so authorized by a vote
of the tax paying voters of said city, taken at an election
called specially for that purpose, notice of which election
shall be given by the city clerk at least ten days before the
holding of such election ; nor shall said city council levy a
tax, in any one year, to exceed fifty cents on each hundred
dollars, for city and road purposes, except said city council
be first instructed by a vote, as aforesaid : Provided^ further^
that all expenditures for improving sidewalks, streets, alleys
and roads, in said corporation, shall bear a relative propor-
tion to the amount of all revenue collected from such por-
tions of said city as are situate east and west of the Chicago
Branch of the Illinois Central Railroad ; and all street or
road labor due said city shall be performed east or west of said
railroad, as the person or persons owing such labor may reside.
§ 13. To prohibit the sale of ardent, spirituous and malt saie ot uquor.
liquors, and suppress tippling houses, dram shops, gaming
houses, bawdy houses and other disorderly houses: Provi-
ded^ the city council shall have power to license and regu-
late the sale of spirituous and other liquors, in case a majority
of the tax paying voters of said city, at any regular election
for city officers, vote in favor of the same : Provided^
further^ that the city council shall in no case grant license
for said purpose to extend beyond the second Monday of
April next then ensuing.
§ 24. All ordinances passed by the city council shall be
published within one month after they liave been passed,
in some newspaper published in said city, and shall not be
in force until they have been published, as aforesaid ; and j
one insertion in said newsaper shall be sufficient publica- j
tion thereof; and it shall be competent to prove such pub- / \
lication, in all cases and places, either by the printer's cer- \
tificate or parol.
§ 25. The style of the ordinances of the city shall be,
"_Se it ordained hy the City Council of the City of MattooiV
ARTICLE 8.
§ 2. The city council shall have power, and it is hereby
made their duty, whenever it may be necessary for the pur-
pose of keeping in repair the streets and alleys of said city,
70G TOWNS.
and the roads within the corporate limits of said city, to
require every able bodied male inhabitant of said city, over
the age of twenty-one years and under the age of fifty years,
and not exempt by law from working on roads, to labor on
such streets, alleys and roads, not exceeding four days in
each year; and every person failing to perform such labor,
wlien called upon by the street commissioner of said city,
shall tbrfeit and pay the sum of one dollar to said city for
each day so neglected or refused.
Annual state § ^' '^^^^ troasurcr of Said city shall publish, annually,
meut. in some newspaper published in said city, two weeks previ-
ous to the first Monday of April, of each year, a full and
complete statement of all moneys received and expended by
I him during the preceding year, from the first Monday of
I March, of each year, stating particularly on what account
I received and paid out.
Pines and penal- § ^- ^11 actious, fiucs, penalties and forfeitures which
*i^s- have accrued to the president and trustees of the town of
Mattoon shall be vested in and prosecuted by the corpora-
tion hereby created; and all fines, forfeitures and penalties
collected for the breach of any ordinance enacted l)y the
corporation hereby created, shall be paid to the treasurer of
said city, immediately after collection, by the ofiicer collect-
ing the same.
§ 14. In case the members of the city council, president,
clerk, treasurer, street supervisor, or city constable, shall, at
any time, be guilty of palpable omission of duty, or shall
willfully or corruptly be guilty of oppression, malconduct or
partiality in discharge of the duties of their respective
offices, shall severally pay to the city of Mattoon, or to the
person or persons damaged, any sum, not less than twenty-
live nor more than one hundred dollars, to be recovered in
an action of debt, and shall also be liable upon their bonds.
§ 15. This act to be in force from and after its jjassage.
Appkoved February 22, 1861.
.orce April 1, AN ACT to incorporate the Town of Manchester, in tlie county of Scott
1S61: '
ARTICLE 1.
Section 1. Be H enacted hy the People of the State of
Illhioift, rejyresentecl in the General Assembly, That the in-
habitants and residents of the town of Manchester, in the
county of Scott, and the state of Illinois, be and they are
hereby constituted and declared a body politic and corpo-
rate, l)y the name aiul style of "The Town of Manchester;"
and by that name shall have perpetual succession, and may
TOWNS. i 'J 7
liave and use a common seal, which they may change or
aher at pleasure.
§ 3. The inhabitants of said town, by the name and «^^^^J^' p""'
style aforesaid, shall have power to sue and to be sued, to
implead and be impleaded, to defend and be defended, in
all C(nirts of law and equity, and in all actions whatsoever; to
purchase, receive and hold property, both real and personal,
in said town and beyond the limits thereof, for burial
grounds, and other public purposes, to sell, lease and con-
vey property, both real and personal, for the use of said
town, and to protect and improve any such property as
as the public good may require.
§ 3. The boundaries of the said town shall be one mile Boundaries,
square measurement, and the center of the town shall be
the center of section twenty-eight, (28,) township No. thir-
teen (13) north, of range No. eleven (11) west of the third
(3d) principal meridian, in the county of Scott and state of
Illinois ; and whenever any tract of land adjoining said town
is laid off into town lots and recorded the same maj be at-
tached to and form part of the same.
ARTICLE II.
§ 1. The government of said town shall be vested in a ''^°'^° <^°'^°'=''-
town council, which shall consist of a president and four
trustees, to be chosen annually by the qualified voters of
said town, and who shall hold their offices for one year, and \
until successors are elected and qualified.
§ 2. No person shall be a member of the town council "^c^lllicitoeT. "^
unless he shall be at the time of, and shall have been for
six months immediately preceding his election, a resident of
the town, and shall be at the time of his election, twenty- ;
one years of age, and a citizen of the United States. If any j
member of the town council shall, during the term of his \
office, remove from the town, his office shall thereby be- i
come vacant.
§ 3. The town council shall appoint their own ]')resident,
and shall judge of the qualifications and returns of its own
members, and shall determine all contested elections, in
such manner as shall be prescribed by ordinance.
§ 4. A majority of the town council shall constitute a Q™™™-
quorum to do business, but a smaller number may adjourn
from day to day, and compel the attendance of absent mem-
bers, under such fines and penalties as may be prescribed
by ordinance ; and shall have power to determine the I'ules
of their own proceedings, punish a member for disorder-
ly conduct, and, with concurrence of two-thinds, expel a
member.
§ 5. The town council shall keep a journal of its pro- Joumai.
ceedings ; and shall have power to fill all vacancies which
may occur therein by death, resignation or otherwise.
TOWNS.
§ G, Each and every member of the town council, be-
fore entering upon tlie duties of his olHce, shall take and
subscribe an oath, before any justice of the peace of said
county, that he will support the constitution of the United
States and of this state, and that he will truly perform the
duties of his othce to the best of his knowledge and ability ;
and there shall be at least one regular meeting of said coun-
cil in each month, at such times and places, as may be pre-
scribed by ordinance,
§ 7. Whenever a tie shall occur in the election of a
member or members of the town council, the judges of elec-
tion ?-hall certify the same to the justice of the peace of said
town, hereinafter mentioned, who shall determine the same
by lot, in such manner as may be prescribed by ordinance.
ARTICLE III.
§ 1. On the first Monday of April an election shall be
held in said town of Manchester for the election of the five
members of the town council of said town ; and forever
thereafter, on the fii"st Monday of April in each year, an
election shall be held for said officers.
§ 2. On the first Monday of April next, and on the first
Monday of April, biennially, forever thereafter, an election
shall be held in the said town of Manchester, for the elec-
tion of a justice of the peace for said town, who shall hold
his otfice for two years, and until his successor is elected
and rpialified.
§ 3. For the election of a justice of the peace, the said
town of Manchester, as herein defined, or as may hereafter
be extended or limited by ordinance, shall constitute an
election precinct ; and the first election for oflicers under
the provisions of this act, shall be held and conducted, and
returns thereof made, as is now provided by the laws of the
state for the election of county olficers, so far as the same is
applicable; and succeeding elections shall be held and con-
ducted and returns thereof made as may hereafter be provi-
ded by the ordinances of the town council by the act created.
§ 4. All persons who are entitled to vote for state offi-
cers by the laws of the state, and who shall have been actual
residents of the said town thirty days next preceding any
election held under the provisions of this act, shall be enti-
tled to vote at such election.
ARTICLE IV.
OF THE TOWN COUNCIL.
§ 1. The town council shall have power and authority to
levy, assess and collect a tax or taxes upon all property, leal,
personal and mixed, within the limits of said town, which
is now or may hereafter be subject to taxation for state or
county purposes, not exceeding one per centum per annum
TOWNS. 70
npon the assessed value thereof; and may assess and en-
force the collection of the same by any ordinance not re-
pugnant to the constitution of the United States or of this
state. '
§ 2. The town council shall have power to appoint a Appointed offi
clerk, treasurer, assessor, town constable and street cummis- '^''""'
sioner, and all such other officers as may be judged neces^sa-
ry fur carrying into effect the power conferred upon said
corporation by this act, and to require them to give such
honds, with security, and take such oaths as may be deem-
ed necessary to insure the faithful performance of their re-
spective duties before entering upon the discharge of' the
same, and who shall possess the same qualifications as is
re(piired for a member of the council.
§ 3. Also to appropriate money and provide for the pay-
ment of the debts and expenses of the town.
§ 4. To make regulations to secure the general health Health,
of the inhabitants of the town, and to declare what shall
be considered a nuisance, and to prevent and remove or
abolish the same.
§ 5. To open, abolish, alter, widen, extend, establish,
grade, pave or otherwise improve and keep in repair streets,
alleys and lanes in said town, and erect, maintain and keep in
repair bridges, drains and sewers.
§ 6. To provide the town with water; to sink, and keep Waterworks.
in repair wells, and pumps in the streets, alleys or lanes for
the convenience and good of the inhabitants; and to erect
lamps in the streets and light the same. i
§ 7. To provide for the erection, of all needful public 1'"''^^'= building'
buildings for the use of the town; to establish mai'kets and
market places, and for the government and regulati(m there-
of; and to provide for the inclosing, laying otfand hnprov- ,
ing all public grounds, squares and burial grounds belong-
ing to the town.
§ 8. To provide for the protection and improvement of
all public buildings owned by said town, and for the preven-
tion and extinguishment of tires, and to organize and estab-
lish fire companies.
§ 9. To regulate partition fences ; and to provide for the
inspection and weigiiing of hay and stone-coal, and the *'
measurement of wood and fuel to be used in said town.
§ 10. To provide for taking of the enumeration of c«°«"^-
the inhabitants of said town ; regulate chimnies, the fixing
and the flues thereof; and regulate the storage of tar, pitch,
rosin, gunpowder and other combustible materials.
§ 11. To license, tax and regulate auctioneers, mer-
chants, retailers, grocers, taverns, eating houses, peddlers,
brokers and money changers ; but shall have no power to
license the sale of intoxicating drinks contrary to or incon-
sistent with the law of this state.
TOWNS.
§ 12. To prohibit tlie sale of intoxicating, malt and fer-
mented liquors ; to restrain, prohibit and suppress tippling
houses, dram shops, gaming houses, bawdy houses and other
disorderly houses within said town or within two miles of
the limits thereof.
§ 13. To license, tax and regulate theatrical and other
exhibitions, shows or amusements ; to provide for the trial
and punishment of persons wdio may be engaged in assaults
and batteries and atfrays wuthin the corporate limits of said
town.
§ 14. To regulate the election of town officers, define
their duties and provide for the removal of any person in
office created by ordinance.
§ 15. To fix the fees and compensation of town officers,
jurors, witnesses and others, for services rendered under
provisions of this act.
§ 16. To prevent the incumbering of streets, squares,
lanes and alleys of said town ; to jDrotect shade trees ; to
compel persons to fasten horses, mules and other animals
attached to vehicles, while standing on any street, alley, lane
or inclosed lot in said town ; to prevent the running at large
of horses, cattle, sheep, hogs and other animals, and to pro-
vide for the impounding and distraining the same, and to pro-
vide for the sale of the same, for any penalty incurred, and
to impose penalties upon the owner or owners of any such
animals for the violation of any ordinance in relation thereto.
§ 17. To prevent the running at large of dogs, and
provide for the destruction of the same w-hen at large contra-
ry to the provisions of ordinance in such cases made.
§ 18. To prevent the firing of squibs, rochets, guns or
other fireworks or combustibles within the limits of said
town.
§ 19. To provide for the punishment of persons who may
at any time distract the peace of the inhabitants of said
town or the deliberations or proceeding of any public meet-
ing of said inhabitants, or of the town council when in
session.
Police losHiations §20. To rcgulate the police of the town; to impose
fines, penalties and forfeitures for the breach of any ordi-
nance, and to provide for the recovery and appropriation of
such fines and forfeitures and the enforcement of such pe-
nalties : Provided^ that in all cases the right of trial by jury
shall be allowed to any person or persons charged wi'th a
])reacli of an_y of the provisions of this act or any ordinance
nuule in jMu-suance thereof.
§ 21. The town council shall have power to make and
enforce all ordinances which may be necessary and proper
'— carrying into eff'ect all the powers specified in this
for
act, or as the good of the inhabitants of said town may re-
quire, so that such ordinances are not repugnant to nor in-
TOWNS. 711
consistent witli the constitution of the United States or of
this state.
§ 22. The style of the ordinances of the town shall style or ordi-
be: '"''Be it m^dained hy the Town Council of Manches- °^°*^'^"
ter;'''' and all ordinances shall, within one month after
they are passed, be published in some newspaper printed in
said town, or made known by posting up copies of the same
in three public places in said town ; and the certificate of
the publishers of said newspaper, or of the clerk of the
town, under the seal of the corporation, shall be prima
facie evidence of such ordinance and of its publication ; and
no ordinance shall take eHect until published or made known
as aforesaid,
§ 23. All ordinances may be proven by the records or Puwication of
by a certificate of the clerk, under the seal of the town, and ''^■'^'°'^°'=<^-
when published or printed in book or pamphlet form, and
purporting to be published or printed by authority of the
town of Manchester, the same shall be received as evidence
in all courts and places without further proof.
ARTICLE V.
OF THE PRESIDENT.
§ 1. The president shall preside in all meetings of the President's duties
council, when present, and in case of his absence at any
meeting tlie council shall appoint one of their number chair-
man, who shall preside at that meeting.
§ 2. The president, or any two members of the council,
may call special meetings of the same.
§ 3. The president shall be active and vigilant in enforc-
ing the laws and ordinances for the government of the
town. He shall inspect the conduct of all subordinate offi-
cers, and cause negligence and willful violation of duty to
be punished. He shall have power to call on all male in-
habitants of said town, over the age of eighteen years, to
aid in enforcing the laws and ordinances, and in case of a
riot to call out the militia to aid in suppressing the same, or
in carrying into effect any law or ordinance ; and any and
every person who shall fail to refuse to obey such call shall
forfeit and pay the said town the sum of ten dollars.
§ -l. He shall have power, whenever he may deem it
necessary, to require of any officer of said town an exhibit
of his books and papers, and shall have power to do all
other acts required of him by any ordinance made in pur-
suance of the terms of this act.
ARTICLE VL
MAGISTRATE AND CONSTABLE.
§ 1. The justice of the peace hereinbefore provided for Justice of the
shall be conunissioned by the governor of this state, and he ^^^'^^'
712
TOWNS.
eliall have and exercise the same power, authority and ju-
risdiction as is conferred by law upon other justices of tiie
jieace of this state, and shall Jiave and possess the same
qualitications as is required for a member of the town coun-
cil by section second of article second hereof, and who shall
oive'^bond and qualify in all respects as justices of the peace
are required by law to do.
§ 2 He shall be a conservator of fhe peace for said town,
Duties of justice-. ^^^^^^^ ^^^ ^^^^^^ ^^^^ exclusivc jurisdiction in all cases arising
in or out of or under the ordinances of the coi^ioration, and
shall receive the same fees and compensation allowed for
sin)ilar services, under the laws of this state, to other justi-
ces of the peace, and for any willful contempt, malconduct,
oppression or partiality, or palpable omission of duty in his
said othce, may be indicted in the circuit court of Scott
county, and, upon conviction, shall be lined in a sum not
exceeding two hundred dollars ; and the court shall have
power, upon the recommendation of the jury, to make his
removal tVom office a part of the judgment.
§ 3. The town constable appointed under the provisions
Town eonBtabie. ^^ ^^^.^ ^^^ ^^^^^^^ ^^^^^^ Y^owev and authority to execute ail
process issued for the breach of any ordinance of said town,
and for that purpose his power and authority shall extend
over the county of Scott, and shall have the sarne power, ju-
risdiction and authority, within the limits of said county, as
other constables in all cases possess under the laws ol this
state ; and shall give bond and qualify as the said board
shall, by ordinance, prescribe.
§ 4. If two or more persons shall receive an equal num-
ber of votes for the office of justice, the town council shall
determine the same, by lot, in such manner as may be pre-
scribed bf ordinance.
§ 5. The said constable shall be authorized to arrest all
G»««tabie-s duties ^^^.^^^^^g^ ^,j ^^j^^^,^ without wan'aut, who shall violate any of
the provisions of this act, or of any of the ordinances of said
town made in pursuance thereof, and* take him, her or them
before the justice of the peace of said town, to be tried and
punished as may be prescribed by ordinance.
§ 6. In case of the absence or inability or refusal to act
of said jnstice or constable, any justice of the peace having
an office in said town, or any constable of said county ot
Scott shall have power and authority to hear and^ determine
all cases which nuiy arise umlerthe ordiiuinces of said tuwn,
or to execute all ])i'occss and writs which may be issued in
the same manner and with the like eifcct as the justice and
constables of said town herein provided for.
Appeals and § "^ • I" ^11 cascs arising under the ordinances of said
•hmngc of venue, town, chauges of vcuuc aucl appeals shall be allowed, as in
other cases before justices of the peace; and the said
corporation shall be allowed to appeal in any case in which
they are parties, by causing their secretary or clerk to exe-
TOWNS. 713
cute a bond, in the name of the corporation, in the form now
or which may hereafter be furnished by law in other cases,
withont other security ; and an order upon the records of
the corporation, directing said appeals, shall be sufficient
evidence of the authority of said security to sign said bond.
ARTICLE YII.
STREETS AND ALLEYS.
§ 1. Whenever it shall be necessarj^ to take private pro- Opening streetg
perty for opening or altering any public street or alley in priVatepropmy
said town, the corporation shall make just compensation to t^eiefor.
the owner or owners of said property, and to pay or tender
the same before opening or altering such street or alley ;
and in case the amount of such compensation cannot be
agreed upon, the same shall be ascertained by six disin-
terested freeholders of said town, who shall be sunmioned
by the justice of the peace of said town for that purpose.
§ 2. The said jurors, so impanneled to ascertain the dama- Damages in snch
ges which shall be sustained by the opening or altering of '^*^^^'
any street or alley, by any person so owning property, shall
Urst be sworn to that effect by said justice, and shall return
to him their inquest, in writing, signed by each of the jurors,
and by him laid before the town council, at their first meet-
ing thereafter ; and either party may appeal therefrom to
the circuit court of Scott county, in such manner and upon
such terms as may be prescribed by ordinance.
§ 3. In the assessment of such damages the jury shall
take into constitution the benefits as well injury happening
to the owner or owners of property proposed to be taken for
opening or altering a street or alley, by such opening or al-
terations.
§ 4. That the town council shall have power to levy and Special tax.
collect a special tax on the owners of the lots on any street
or part of a street, according to their respective fronts, for
the purpose of grading, paving or otherwise the sidewalks
on said street or parts of street, or the repairing of the same.
§ 5. That the lot in front of which any sidewalk is made
shall be taxed to pay at least one-half of the expenses of
making such sidewalk, in addition to the regular tax ; which
shall be assessed and collected in the same manner as other
taxes are.
ARTICLE VIII.
MISCELLANEOUS PROVISIONS.
§ 1. The inhabitants of the town of Manchester are here- Roadi abor,
by exempted from working on any road beyond the limits
of said town, and the payment of any road tax levied by
authority of the county court or other county authorities ;
and the entire pirisdiction and control of the roads, liigh-
—63
Repair of streets.
Suits at law.
714 TOWNS.
ways and bridges in said town shall be held and exercised
by the town council by this act provided for.
§ 2. The town council, for the purpose of keeping the
streets, alleys, lanes, avenues and highv/ays in said town in
repair, are authorized and empowered to require every able
bodied male inhabitant of said town, over twenty-one years
of age and under iifty, to labor on said streets, alleys, lanes,
avenues or highways, any number of days, not exceeding
three in each year, and any person failing to perform such
labor when duly notified by the street commissioner or other
authorized officer of said town, shall forfeit and pay the sum
of one dollar to said town for every day so neglected and re-
fused.
§ 3. The town council shall have power to provide for
the punishment of offenders against any ordinance of said
town, by imprisonment in the county jail, not exceeding
thirty days for any one offense, or by requiring them to labor
npon the public streets, alleys, roads or squares in said
town, in all cases when such offenders shall fail or refuse to
pay the tine and forfeiture which may be recovered against
them.
§ 4. All suits for fines and penalties in and for the viola-
tion of any ordinance shall be in the name of the town of
Manchester ; aud the town council shall have power to regu-
late, by ordinance, the form and nature of the first and any
subsequent process and the mode of executing the same.
§ 5. The corporation hereby created shall not be required
in any suit brought for a violation of any ordinance of said
town to -tile before the commencoment of such suit, or du-
ring the pendency thereof, any security for costs.
§ 6. All ordinances and resolutions passed by the presi-
dent and trustees of tlie town of Manchester shall remain in
force until the same shall have been repealed by the town
council hereby created ; and all actions, fines, penalties
and forfeitures which have accrued to the president and
trustees of said town, or which may hereafter accrue to
them prior to the taking effect of this act, shall be vested
and prosecuted by the corporation herein created.
Property of towQ. § T. All property belonging to the president and trustees,
of the town of Manchester, for the use of the inhabitants of
said town shall, upon this act taking effect, be vested in
the corporation hereby created, and this act shall not invali-
date any act done by said president and trustees nor divest
them of any rights which have accrued to them prior to the
passage of this act.
§ 8. Whenever the justice of the peace herein provided
for shall remove from said town, resign or die, or his office
shall otherwise become vacant, the town council shall imme-
diately provide for filling such vacancy by election.
§ 9. This act is hereby declared a public act, and may be
read in evidence in all coui-ts of law and equity in this state,
Towifs. 715
"without proof, and, upon its going into effect, all acts and
parts of acts coming within the provisions of this charter, or
contrary to or inconsistent with its provisions, shall be re-
pealed.
§ 10. This act shall take effect and be in force from and
after the first day of April, one thousand eight hundred and
sixty-one (1861).
Appeoved February 21, 1861.
AN ACT to vacate the town plat of Old Caledonia, in Pulaski county. In force February
13, 1S61.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That the
town plat of Old Caledonia, in the county of Pulaski, be
and the same is hereby vacated ; and hereafter the real
estate in said town be assessed by its legal subdivisions, as
other real estate in said county : Provided, the vacating of
the survey and plat of said town shall not interfere with
the vested rights of any persons whatsoever holding pro-
perty therein.
Approved February 13, 1861.
AN ACT to amend the town charter of the Town of Pana. In force February
22, 1861.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That section
nine of an act approved February 16, 1857, to incorporate
the town of Pana, be so amended as to read, " to license or
prohibit and suppress tippling houses and dram shops, and
to prohibit gaming houses and bawdy houses and other dis-
orderly houses."
§ 2. This act to take effect and be in force from and
after its passage.
Appeoved February 22, 1861.
AN ACT further to amend an act entitled "An act to extend the corporate in force Febrvuuy
powers of the Town of Princeton," approved February 18th, a,d. 1857. 22, 1861.
Section 1. Beit enacted hy the People of the State of
Illinois, represented in the General Assembly, That, in addi-
tion to the powers heretofore conferred by law, the town
16 TOWNS.
council of said town shall have power and authority —
,icense». I'\nt: To Hccnse, regulate and restrain tavern keepers,
grocers and keej)ers of ordinaries or victualing or other
houses or places for the selling or giving away wines and
other liquors, whether ardent, vinous or fermented. Second:
To forbid the selling or giving away wines or ardent spirits
or other intoxicating liquors to any minor, apprentice or
servant, without the consent of his or her parent, guardian,
master or mistress. Third: To license, tax, regulate, sup-
press and prohibit billiard tables, pin alleys, nine or ten-pin
alleys and ball alleys.
>^^^ § 2. That the lirst section of article seventh of the act
to which this act is an amendment be amended by the addi-
tion of the following: ^''Provided, that in lieu of said
requirement to labor, the said town council shall have power
to impose, levy and collect, in the same manner as other
taxes are levied and collected by them, or in such other
manner as they shall provide by ordinance, a poll tax, for
each year, of any sum, in their discretion, not exceeding
two dollars upon every male inhabitant of said town over
the age of twenty-one years ; and the collector of said poll
tax, appointed by said council, shall have the same power to
distrain and sell the property of all persons refusing or neg-
lecting to pay such tax as is given to township collectors
under the revenue laws of this state."
§ 3, So much of the act to which this is an amendment
as conflicts herewith is hereby repealed.
§ 4. This act is hereby declared to be a public act, and
shall take effect from and after its passage.
Approved February 22, 1861.
In force F^ebruai7 AN ACT to incorporate the Town of Pinckneyville, in Perry county, and
' * state of Illinois.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the Ge7ieral Assenibly, That the
inhabitants of the town of Pinckneyville, and additions, in
the county of Perry, and state of Illinois, are hereby
declared and made a body corporate and politic, in law and
in fact, by the name of "The President and Trustees of the
Town of Pinckneyville," with all the rights, privileges and
powers conferred upon the town of Havana, in the county
of Mason, and state of Illinois, approved February the 12th,
1858 ; and all the provisions of the act aforesaid are hereby
declared applicable to the said town of Pinckneyville:
Provided, that the trustees of the said town of Pinckney-
ville shall not levy more than one-half ot one per cent, tax,
per annum, upon the real estate within the limits of said
incorporation.
TOWNS. 717
§ 2, That Evan B. Bushing, Albert A. Clymer, James Trustees.
S. Craig, Rodolph Ilinckey and James F. Mason, are hereby
appointed trustees of said town, under this act, and shall
hold their office until the first Monday in the month of
April, 1861, and until their successors are elected and
qualified ; which election shall be holden on the first Mon-
day in the month of April in each year thereafter.
§ 3. This act shall be in force from and after its passage.
Appeoved February 21, 1861.
Limits extended.
AN ACT to extend the limits of Shelbyville, and to authorize said town to
use the county jail. I" %^0^« fstr*""^
Section 1. JBe it enacted hy the People of the State of
Illinois^, represented in the General Assemhly^ That the
present corporate limits of the town of Shelbyville, Shelby
county, be and the same are hereby extended, so as to
include within the same Crane and Stevenson's addition to
said town ; and that, hereafter, said addition, for all purposes,
shall be a part of said town.
§ 2. That the corporation of the town of Shelbyville use of county jaii.
shall have the right to use the debtor's room in the jail of
said Shelby county, for the purpose of imprisoning offend-
ers against the ordinances of said town, by paying the board
of said offenders while in said jail. The jailor or sheriff
of said county shall receive into said jail all persons, upon
a proper mittimus from the police or corporation magistrate
of said town.
§ 3. This act to be a public act, and to be in force from
and after its passage.
Appeoved February 20, 1861.
AN ACT to vacate certain streets and alleys in the Town of Shelbyville,
Shelby county. In force February
21, 1861.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That so much
of Will street as lies between block thirty-seven and block
thirty-eight ; also so much of Commercial street as lies south
of block thirty-seven and block thirty-eight, and also the al-
leys in block thirty seven and block thirtj^-eight; all of which
is in Crane and Stevenson's addition to the town of Shelby-
ville ; also the alley in block eight, in Thomas Lewis' addi-
tion to the town of Shelbyville ; all of which be and are
hereby vacated.
'18 TOWNS.
§ 2. This act shall take effect and be in force from and
after tlie date of its passage.
Approved February 21, 1861.
In force February AN ACT to vacate a certain alley in the Town of West Salem
20, 1S61.
- Section 1. Be it enacted ly the People of the State of
Illinois, represented in the General Assembly, That a certain
alley in the town of West Salem, in the county of Edwards,
and state of Illinois, described as follows, to wit : Eunning
east and west, and south of lots number three, (3,) four, (4,*)
seventeen (17) and eighteen, (18,) and north of lots number
seventy-four 474) and seventy-iive, (75,) in said town of
West Salevri; |>e and the same is hereby vacated.
§ %^_ . This;-.afct to be in force, ft-om and after its passage.
- ApEE0VEt)_;g^bruary 20, 1861.
>Tfc,
^"^TfscT^'' AN ACT to vacate the tow-n plat of the Town of Sumner, in McHenrj county.
• ■ Sectiok l."'^'^ it enacted ly the People of the State of
JUinois, rkpi^esented in the General Assembly, That f he town
plat of the town ef Sumner, in the county of McHenry, as
the same is recorded in the recorder's office of said county,
pe and the same, is hereby vacated and made void. '
f 2. This aet'ehall be in force from and after Its passage.
Approved February 21, 1861. " '..7',^"''
^" ^'22?f8tr"^ ^^^^.i^WPorate-the town of Shefl^eld, in B.ureaii county and state
*■ J ^ f ' ' -iKM^ of Illinois. '
*> ^ SiicT*Qjr \y Se it -enacted hy the PeopU of the State of
'Illin'oijl'rfipv,imnted^ in^ the ^(^'eii^ral/ Aasefnbh/, That the
]nhabi^fit!6-and residenfe of the town 'of-Shetiieldi bureau
count^s-, are "hereby made a body corporate -and politic, in
laW>ndiniaet, by the name and ,&tyl6 of "The President
And B(>4rd-b^', Trustees- of .the^ town- of Sheffield;'? 'and by
that naiin^ .«liall ha^ei 'p<^rpeti4iaj' «uecea&ion *nid a common
fieal,^vIlicll;^til6y,m.ay.^lter at; pleasu're; and in- wboni the
governm0»t 6f the corporataou^sliall be vested and by whom
its afiFairs snail be managed..
TOWNS. 719
§ 2, The boundary of said corporation shall be as fol- Boundaries,
lows : All of section nineteen, (19,) in township sixteen, (16,)
north, ranwe seven (7) east of the fourth principal merioian.
§ 3. Whenever any tract of land adjoining the town of
Sheffield 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 said corporation.
§ 4:. The inhabitants of said town, by the name and ^°''p°'"^'®p°^®
style aforesaid, shall have power to sue and be sued, 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 town ;
to purchase, receive and hold property, real and personal,
beyond the corporation limits, for burial grounds and for
other public purposes, for the use of the inhabitants of said
town ; to sell, lease, or dispose of property, real and per-
sonal, for the benefit of said town, and to iuiprove and pro-
tect such property, and to do all other things in relation
thereto as natural persons.
§ 5. The corporate powers and duties of said town shall Trustees.
be vested in five (5) trustees, who shall form a board for the
transaction of business; and the persons who may be in
office as trustees in said'tow«, under the general incorpora-
tion act of this state, shall, after the passage of this act, be
deemed to hold their offices^ by virtue of this act, until the
first Monday of May, ISGl/and until their successors are
elected and qualified, and to discharge their duties in con-
formity to the provisions of this act.
§ 6. That there shall be, on the first Monday of May Election,
next, be elected five (5) trustees, and on every first Monday
of May thereafter, who shall hold their office for one yuar
and until their successors are elected ^nd qualified; and
public notice of the time and place of holding said election
shall be given by the president and trustees of .said town,
by advertisement published in a newspaper in said town, oi" "
posting it up in at least three (3^) of the most public places:
in said town. Ko person shall, bii a trustee of said tqwn.'
who has not arrived at the age oft'^Venty-one;(St)yearsi and;
who has not resided-in said townr ohe year rie37^ preceding
his election, and who is not at thefime thereof' ;a bonajim^
freeholder in said town, and, moreover, who h^^.not paid 1i>
state and coitnty tax. And* all Mifite free piale-ihhabi,tiints, *5f
over twenty-one year§of age, whdiiave resided in' said towa!
six months next pr,(^6eding an election, shall be entitled to.
vote for trustees. And. the- said trv^ees sh'^ll, ^t their first Jomcers.
meeting proceed to -elect; one of tlifii* ^Qwn.Bip'dy'prejeidefitj;
and shall have poVf^ntofiU all vac>a;t|c;es in .sfii-djxiard i'hichi
maybe occasioned ib^^'- death or reei'fifnation : 'Bivuided'AhQt
vacancies shall- nM. fexeeed three? ihonths.'- ^tvacanciesf
which shall oCcifi* for a'lo-nger time ihe boaHv^hiH give. tern
days' notice, by posting tip-at'least' three advertisements in-
720 TOWNS.
said town, for the election of a trustee to fill said vacanc}',
to be tilled in the same manner as is provided for in regular
elections. And said trustees shall have power to appoint a
clerk, treasurer, assessor, a street commissioner, and a town
constable ; which said officers so appointed shall give bond
and security in such amount and with such condition as the
trustees may require. And the said constable shall take an
oath of office before some justice of the peace, that he will
faithfully discharge the duties of said office; and it shall be
his duty to collect all fines, and serve all process of the suits
of the corporation ; and shall execute all writs, process and
precepts which may be issued against any person of the vio-
lation of any of the laws or ordinances of the town ; and
shall have and possess the same powers, and perform the
same duties, in other respects, within the limits of the cor-
poration as constables in the several districts of the county
possess and perform. Said constable to hold his office for
one year, and until his successor is elected and qualified.
Justice of the § 7. It sliall bc the duty of the trustees, after their organ-
^'''"^^' ization, to give notice for and cause an election to be held
for a justice of the peace, who shall be elected by the quali-
fied voters within the incorporate limits of the said town of
Sheffield. The said justice of the peace shall take the same
oath, execute the same bond, be clothed with the same
power, authority and jurisdiction, and be subject to the same
liabilities as other justices of the peace within the state.
He shall hold his office for two years, until his successor
shall be elected and qualified.
'uonr"'^ '^^'^" ^ ^' "^^^^ trustees aforesaid and their successors, or a ma-
jority of them, shall have full power and authority to ordain
and establish such rules and regulations for their govern-
ment and direction, and for the transaction of the business
and concerns of the corporation, as they may deem expedi-
ent ; and to ordain, establish and put in execution such by-
laws, ordinances and regulations as shall deem necessary for
the government of said town, and for the management, con-
trol, disposition and application of the 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 which are not contrary to the laws and constitution
of this state.
Tax. § 9. The said trustees shall have power to levy and col-
lect a tax, not exceeding one-half per cent, on all lots and
improvements and personal property lying and being within
the incorporate limits of said town, according to valuation;
to tax public shows, and houses of entertainment, taverns,
beer houses and stores, for the purpose of making and im-
proving the streets and keeping them in repair, and for the
purpose of erecting such buildings and other works of pub-
lic utility as the interests and convenience of the inhabitants
of said town may require, and may adopt such modes and
TOWNS. 721
means for the assessment and collection of taxes as they
shall from time to time deem expedient, and prescribe the
manner of selling property when the tax levied upon it shall
not be paid : Provided^ no sale of any real estate shall be
made until public notice of the time and place of sale shall
be given, by advertisenieiit in some newspaper or at four of
the most public places in said town, by putting up written
notices, containing a list of said delinquent real estate, at
least thirty (30) days previous to the day of sale.
§ 10. When any lots or real estate shall have been sold Redemption.
for taxes, as aforesaid, the same shall be subject to redemp-
tion in the time and on the terms now provided, or here-
after to be provided, by the revenue laws of this state, for
the redemption of real estate. But should the real estate so
sold for taxes not be redeemed in time and manner ]:)rovided
by law, and if the purchaser, or other person for him, shall
have paid all taxes with which such real estate or lots shall
have been charged up to the time when the right of redemp-
tion shall expire, then and in that case it shall be the duty
of the president of the board of trustees to execute to the
purchaser or purchasers, a deed therefor, signed by the
president, and countersigned by the clerk of the board of
trustees.
§ 11. The trustees shall have power to regulate, grade, street labor,
plank, pave and improve the streets, public squares and al-
leys in said town, tor which purpose they shall have power
to levy, annually, a road labor tax of not more than live
days nor less than two days, against every able bodied male
inhabitant of said town over the age of twenty-one years
and under fifty years, to be collected and expended in such
manner as they shall determine and direct.
§ 12. The trustees shall have power to grant licenses for Tippling houses.
the sale of liquors and for other purposes, and to tax, re-
strain, prohibit and suppress tippling houses, dram shops,
gaming houses, bawdy houses and other disorderly houses
and ten pin alleys. Said trustees shall also have power to
make and enforce such by-laws and ordinances for the regu-
lation or suppression of the sale of wine, rum, brandy, gin,
whisky, malt liquors, strong beer, ale, porter, mixed liquors,
or any intoxicating liquors, within the limits of said town,
as they may deem proper, and which shall not conflict with
the laws of this state.
§ 13. Said trustees, or a majority of them, shall have saie of liquor.
power to preserve good order and harmony in said town and
to punish open indecency, breaches of the peace, horse
racing, disorderly houses, riotous meetings or assemblages,
and to punish persons for making loud or unusual noises, or
for disturbing persons assembled at religious or other meet-
ings in said town ; for which purpose said trustees may make
such by-laws and ordinances, not inconsistent with the laws
of this state, as they may deem necessary or expedient to
—64
TOWNS.
cany the provisions of this act into effect, and to impose
fines, M'hich shall be recovered before any justice of the peace
in said town.
§ 14. It shall be duty of any justice of the peace in said
town, and he is hereby authorized and empowered, on view
or upon complaint being made to him upon oath, of the vio-
lation of any law or ordinance of said town, to issue his war-
rant, directed to the town constable or to any authorized
persons, to apprehend the offender or offenders and bring
him or them before him forthwith ; and after hearing the
evidence, if it shall appear that the accused has been guilty
of a.y violation of any law or any ordinance of the corpo-
ration, to impose such line or imprisonment as is provided
by the laws of the state for the punishment of similar of-
fenses.
§ 15. In all cases arising under the provisions of tliis
act, appeals may be taken and writs of certiorari allowed, as
is now or may hereafter be provided by law.
§ 16. All tines or mone_ys collected for violation of ordi-
nances, licenses granted under the provisions of this act
shall be paid into the town treasury, for the use of the in-
habitants of said town.
§ lY. The trustees shall keep a well bound book, in which
shall be recorded, in a fair and legible hand, all by-laws and
ordinances of said corporation ; and no by-law or ordinance
shall be in force until the same shall have been advertised,
by posting up copies of the same in at least three of the
most public places in said town, ten days previous to the
time the same is to go into effect, or by publication in some
newspa]3er in said town ; which record or book shall be evi-
dence of authority of said by-laws or ordinance that they
have been legally enacted.
§ 18. The said trustees shall have power to make pave-
ments or sidewalks in said town, as to them may seem need-
ful : Provided^ always^ that the lot in front of which any
sidewalk is made shall be taxed to pay at least one-half of
the expenses of making such sidewalk.
§ 19. The said trustees shall have power to declare what
shall be considered a nuisance within the limits ot the cor-
poration, and to provide for the abatement or removal
thereof.
This act to take effect from and after its passage.
ApriiovED February 22, 1861.
TOWNS. 723
AN ACT to vacate a certain street and alley in the Town of Tamaroa. In force Fei)ruarv
U, 1&61.
Sp:ution 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That so much
of Eaton street, in the Illinois Central Railroad addition to
the tuwn of Tamaroa, in the county of Perry, as lies on the
west'side of block seventeen, in said addition to said town,
and also the alley running north and south through said
block, be annulled and vacated.
§ 2. This act shall be in force from and after its passage.
Approved February 14, 1801.
AN ACT to legalize the surve)' of the town of Teutopolis, in the county of In force February ;
Effingham. 22, 1S61.
fi
V
Whereas, on or about the year eighteen hundred and I
thirty-eight, John Ferdinand Washford laid out the town jj
of Teutopolis, in the county of Effingham, state of Illi- 1
iiois, upon the following described tracts of land, to-wit : ^
The west half of the southeast quarter, and the south-
west quarter of section thirteen, and the north half and the
west half of the southwest cptarter of section twenty-four,
all in township eight north, range live east, in said county,
by having said town surveyed and platted by the then
county surveyor of said county, and recorded in the coun-
ty recorders office of said county, and there being no offi-
cial certiticate to the plat of the town of Teutopolis, by
said surveyor, appearing on the plat, as recorded ; there-
fore,
Section [1].' Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the
survey and plat of the town of Teutopolis, is hereby de- I
dared to be legal and binding, to all intents and purposes, I
in law, as fully as if the certiticate of the surveyor had been t
attaciied and recorded with said plat of the town of Teu- |
topi >I is. 5
g 2. This act to take effect and be in force from and \
after its passage.
Approved February 22, 1S61.
AN ACT to confirm to George Cattell and Calvin Stevens the leases of In force February
certain lands in Tiskilwa. -'J> 1S61.
Section 1. Be it enacted hy the People of the State of
Jlhnois, represented in the General Assenihiy, That the leases
of the president and trustees of the town of Tiskilwa,
TOWNS.
beaviiif? (late the twenty-first day of July, in the year one
thonsand eight hundred and fifty-nine, to George Cattell and
Calvin Stev'ens, and which are recorded in book K, of mort-
gages, in the office of the recorder of the count}^ of Bureau,
and the act of the saiu president and trustees in making the
same, be and the same is hereby confirmed, in all respects,
as fully as if the said president and trustees of the town of
Tiskilwa were fully empowered to make said leases by the
act of incorporation of said town of Tiskilwa.
§ 2. This act shall take effect immediately.
Appkoyed February 20, 1861.
l5Gl
I'sfi'i'"'^'^ AX ACT entitled an act to vacate Liberty Square in the town of Tiskilwa, in
the county of Bureau, state of Illinois.
Section 1. Be it enacted hy the Peoj)le of the State of
Illinois^ represented in the General Assembly^ That the
square known as ''Liberty Square," in the town of Tiskilwa,
in the county of Bureau, in the state of Illinois, be and the
same is hereby declared vacated.
Appkoyed February 22, 1861.
r ■bruary AX ACT the better to provide for the incorporation of the Town of Tuscola.
Section 1. Be it enacted hy the Peojde of the State of
Illinois^ represented in the General AssemUy^ That Michael
Koel, James Harrison, William Chandler, William Bussell,
and Simon G. Bassett, of the town of Tuscola, in Douglas
county, are hereby recognized and constituted a body politic
,1 style, and corporate, by the name and style of "The President and
Trustees of the Town of Tuscola ;" and by that name shall
have perpetual succession, and may have and use a common
seal, which they may change and alter at pleasure.
!,, pow- § 2. The aforesaid corporators and their successors, by
' '"""■'- the name and style aforesaid, yIz: "The President and Trus-
tees of the Town of Tuscola," shall have power to sue and be
sued, to implead and be impleaded, defend and be defended,
in all courts of law and equity, and in all actions what-
ever ; to ]uircliase, receive and hold property, both real and
personal, in said town ; to purchase, receive and hold proper-
ty, both real and personal, beyond the said town, for burial
grounds, and for other public purposes, for the use of the
inhaljitants of said town; to sell, lease, convey or dispose of
property, real or personal, for the benefit of said town, and
TOWNS. 7:.
to improve and protect said such property, and to do all
other thiiio;s in relation thereto as natural persons.
§ 3. The boundaries of said town shall be one mile '"°"^° ^''"''^•
square. The center of the public square in said town being
the center of tlie said mile square. And all the lands with-
in said limits shall be considered as the town of Tuscola.
§ 4. The aforesaid corporators shall continue in office nn- Annual eie.;:
til. the first Monday in April next, and until their successors
are elected and qualified; and on the first Monday in April
next, and annually, thereafter, on the same day, an elec-
tion shall be held for five trustees, who shall hold their
offices for one year and until their successors are elected
and qualified. The board of trustees whose term of of-
fice is about to expire shall always give notice of such elec-
tion, by having written or printed notices thereof, posted up
in four public places of said town, at least one week previ-
ous to said election ; and one of the members of the said
board, together with the clerk of the corporation, shall hold
the said election and give certificates of election to the five
persons receiving the greatest number of votes ; and when-
ever there shall be a tie in such election, they shall certify
the same to the said board, who shall determine the same by
lot, in such manner as shall be provided by ordinance.
§ 5. Every trustee of said town shall, at the time of his Qualification
election, be at least twenty-one years of age, a citizen of the
United States and the state of Illinois, and shall have resi-
ded at least six months within the limits of tlie corporation.
Every bona fide resident of said town, possessing the requi-
site qualifications to vote for state officers shall be entitled
to vote for trustees.
§ 6. The trustees, before entering upon the duties of o"'^^^"'*^ °''^"^^-
their office, shall severally 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 abilities.
§ 7. A majority of said trustees shall constitute a quo- Quorum,
rum to do business. The said trustees shall elect one of
their own body president of the board, who shall hold his
office for one j^ear or until his successor shall be elected and
qualified. The president of the board shall be chief execu-
tive officer of the corporation, and shall be vested with such
powers and authority as may be conferred upon him by or-
dinance.
§ 8. If any trustee shall, during the time for which he "Vacancies,
shall have been elected, remove from the said town, his of-
fice shall be vacated. The board of trustees shall have
power to fill vacancies in their own body, occasioned by the
death, resignation or removal from town of any member. ^
§ 9. The board of trustees shall have power and autho- Re<iemption p
rity to assess and collect taxes, uniform in respect to person ^"^ ^' ^ ^' \
or property for corporate purposes, upon all the real and f;
72G
TOWNS.
Labor on
streets.
the
Street labor.
Jrectlon of
buildings.
personal estate within said town, not exceeding one-half per
cent, per annum, upon the assessed value thereof, as ascertain-
ed and i-eturned bj the assessor of the corporation, and may
enforce the payment of the same in any manner, to be pre-
scribed by ordinance, not repugnant to the constitution of
the United States, and of this state. And such ordinances
may provide fur the advertisement, sale and conve^yance of
any such real estate for taxes unpaid thereon to said corpo-
ration: Provided^ that the time and manner in which the
same may be redeemed from such sale, is the mode pre-
scribed by the constitution of this state : And^ provided^
further, that in case of the nonpayment of any such taxes,
assessed as aforesaid, that personal property shall be iirst
taken in satisfaction for said taxes, by levying upon and ad-
vertising and selling the same as may be prescribed and di-
rected by ordinances passed in reference thereto.
§ 10. The said board shall also have power to require
every male resident of said town, over the age of twenty-one
years, to labor, under the direction of the street commis-
sioner of said town, on the streets, lanes, avenues and alleys
of said town, and upon the public roads passing through
and from said town, for one mile from the center thereof,
not exceeding three days in each and every year; and any
person failing to perforin such labor, when duly notified by
the street commissioner, shall forfeit and pay the sum of
one dollar for each day on which he has so neglected or
refused to work ; which said amount may be collected from
such person failing to pay the same, by suit, by the presi-
dent and trustees aforesaid. And all summons in such case
shall be returnable forthwith, and execution sliall issue
immediately. And that in all cases of a failure to find suf-
ficient property to satisfy such execution and costs, the
person against whom the same was issued may be impris-
oned and compelled to work on the streets or other improve-
ments of said town, at the rate of one dollar per day, until
the whole of such judgment, together with costs, is paid
and satisfied.
§ 11. The said board shall, likewise, have power to
license, tax and regulate auctioneers, groceries, ordinaries,
and all places wliere spirituous or fermented liquors are
sold by less quantities than one gallon, and the venders of
the same, hawkers, peddlers, brokers, pawnbrokers and
money changers ; also, to license, tax and regulate theatri-
cal and other public exhibitions, shows and amusements.
I § liJ. They shall have power to erect a town hall and
other public buildings for the use of said town; to provide
or erect a calaboose or other place of imprisonment ; to
provide pumps, M-ells and cisterns, in the streets and upon
the public grounds, for the convenience of the inhabitants,
or for use in case of fire; to open, establish, grade, pave or
otherwise improve or keep in repair and free from incum-
TOWNS. Y2 7
brances or obstructions the streets, avenues, lanes and alleys
of said town ; to make and erect ijaveinents and sidewalks sidewalks,
npon any of the streets or avenues of said town, and that
the owner of tlie lot or lots by which any sucli sidewalks
or pavements may pass shall be compelled to pay at least
one-half of the expenses of buildiiig and erecting the same,
and that one-half for such tax or expense for building and
constructing the same, as above provided, shall be and con-
stitute a lien on the said lot; and that, in case of the faihire
of the owner of said lot to pay and discharge the amount
of expense or tax so i]icurred upon the said lot, within
thirty days after the erection or construction of said pave-
ment or sidewalk, as aforesaid, the said lot or lots shall be
advertised, sold and conveyed, as in other cases of taxes, as
mentioned in section 9 of this act : Aoul provided, further,
that the owner of any lot, by which any pavement or side-
walk shall pass, shall, ever after the erection of any such
sidewalk or pavement, keep the same in good repair, and,
upon failure, may be proceeded against as in the case of
failure to pay for the erection or construction of the same,
as above named. They shall have power to construct pub-
lic crossings at the crossings of any avenue, street or alley,
or at any other places where public convenience may
require the same. They shall also have power to make,
erect and keep in repair bridges, drains and sewers; to ^i-wges and se
provide for lighting the streets and erecting lamp posts; to
erect market houses and provide for the government and
regulation of the same ; and to provide tor the weighing of
hay and stonecoal, and measuring of charcoal, firewood and
other fuel, to be sold or used within tlie said town. %
§ 13. They shall also have power to provide for the ''"''^ department.,
prevention and extinguishment of, tires, and to organize
and establish fire companies ; to regulate the fixing of
chimneys and the fines thereof,' and the manner of using
stoves and stove-pipes in dwelling houses, stores, ofllces,
warehouses and other buildings in said town ; to regulate
and order parapet walls and partition fences, and regulate
the storage of gunpowder and other combustible materials.
§ 14. They shall also have power to provide for inclos- Po^wic grounds
ing, improving and regulating all public grounds within the
said town, and the burial or other public grounds of the
corporation, beyond the said town ; and for the punishment
of iniuries or damages done to trees, fences, buildine:s,
monuments or other improvements thereon.
§ 15. They shall further have power to make regula- ^hlauh.'*''"' '^
tions to prevent the introduction of contagious diseases into
the said town ; to make quarantine laws for that purpose,
and enforce the same, within five miles of the said town ;
also, to establish a hospital or hospitals in said town, or
within five miles of the same, for the treatment of any epi-
demic or contagious disease, and make regulations for the
728 TOWNS.
government of the same ; also, to make regulations to secure
the general health of the inhabitants ; to declare what shall
be a nuisance, within the limits of the corporation, and to
prevent and remove the same.
Driving of hoi-scs. § ^^' They sliall also have power to regulate the speed
•t"^- " with which horses or other animals may be rode or driven,
within the limits of the corporation, and to restrain and
punish cruelty in the treatment of animals, within those
limits; also, to restrain cattle, horses, sheep, swine and
dogs from running at large in said town, and to provide for
the security of wagons and other carriages, which may be
used within the limits of the corporation, and for the pro-
tection of the iidiabitants against injury by reason of horses
or other animals fastened to such carriages running with or
breaking from the same.
Disturbances of §1'^' They shall Hkewisc have power to prevent and
the peace. puuisli riots, routs, affray s, assaults, assaults and batteries,
breaches of the peace, disturbances of worshiping assem-
blies, or of the deliberations of public meetings, disorderly
interruptions of any public lectures or licensed exhibitions,
all indecent or obscene exhibitions and practices, and other
disorderly conduct, within the limits of the corporation:
Provided^ that no i3erson shall be deprived of the right of
trial by jury, in any case, where such person would be enti-
tled to such trial for a like offense against the laws of this
state.
Suppression of § IS. Tlioy sliall liave power to prevent and punish
horse racing, ^r^ttles by agreement, iighting matches, horse racing, cock
fighting, within the limits ot'the corporation, and within
two miles of the same.
Tippling houses. § 19. They sliall have power to restrain, prohibit and
suppress billiai'd tables, ball alleys, tippling houses, dram
shops, gaming houses, bawdy and other disorderly houses
in said town, and witlini two miles of the limits of said
corporation.
Police reguhitions § 20. They shall have power to regulate the police of the
town ; to make all ordinances which shall be necessary and
proper for carrying into execution the powers speciiied in
this act, so that such ordinances be not re])ugnant to nor in-
consistent with the constitution of the United States and of
this state; to impose fines, forfeitures and penalties for the
breach of any ordinance ; and provide for the recovery and
appropriation of such fines and forfeitures and the enforce-
ment of such penalties. The style of the ordinances of said
board shall be, "i?e it ordained by the President and trus-
tees of the Toiim of Tuscola.''''
Appointed om- § 21. The board of trustees are hereby vested with pow-
er to aj)])()int a town clerk, town constable, who shall l)e, ex
officio, the collector of said town, a treasurer and assessor for
6ai(l town ; a street commissioner, an attorney, or other sub-
ordinate officers, and ajjpoint and remove, at pleasure, the
tcrs.
TOWNS. . 729
ofRcGvs, as they shall determine to he necessary to tlie ac-
complishment of the objects and ends the act of incorpo-
ration ; and to provide for the fees and compensation of said
ofUcers, and to regulate their duties ; and whenever any va-
cancy shall happen, by the death, removal or resignation of
any one of said officers, it may be filled, by appointment of
the board.
. § 23. The town constable shall be authorized to execute Town constables.
any where within the limits of Douglas county all writs,
process and precepts which may be issued against persons or
property by any court of general or limited jurisdiction, by
virtue of any of the powers specified in this act, and to ar-
rest, on view, all persons who may violate any ordinance of
said corporation.
§ 23. Fines, forfeitures and penalties, which may be as- Levjing of fines.
sessed or recovered, for the use of said corporation, may
be levied, in the first instance, by virtue of executions, to
be issued forthwith, of the goods and chattels of the oft'ender,
within the county. And the said board shall have power,
also, to provide for the punishment of offenders, by impris-
onment in the county jail, or other place of imprisonment
used by said corporation, in all cases where such ofienders
shall fail or refuse to pay the fines, forfeitures and ]3enalties
which maybe recorded against them.
§ 2-t. That all summons and other jDrocess issued against Return of sum-
parties charged with violations of the ordinances or by-laws ^°^ '
of said town, shall J3e made returnable forthwith, and exe-
cutions, in such cases, shall be issued immediately. That
in all cases where persons are ordered to be imprisoned or
committed to jail, on conviction of offenses against the by-
laws or ordinances of said town, under the pr()visions of ex-
isting laws, the persons so ordered to be imprisoned or com-
mitted may be compelled to labor on streets or other im-
provements of said town at the rate of one dollar per day,
until satisfaction is made of the penalty imposed or judg-
ment recovered ; during which time the parties so punished,
shall be furnished with healthy and suitable board and lodg-
ing, at the expense of the corporation, but which shall be
charged against the parties punished, as costs.
§ 25. That the assessment of property in said town of Fomiei- as?ess-
Tuscola, for taxation, for the year eighteen hundred and
sixty, be and the same is hereby dechired legal, and that
y all ordinances and public acts passed by the board of trus-
\ tees of said town, which remain unrepealed, are hereby de-
\ clared legal and in full force and effect : Provided, that the
«ame are consistent with the constitution of the United
Btates and of this state.
§ 26. That the said board of trustees be and are hereby opening and ex-
vested with power to extend and open to the line of the " ' °
corporation any street or alley jiassing through the original
town or any addition thereto, whenever the public interest
730
Report of expen-
ditures.
Publication of ov-
dinanciiS.
Appeals and writs
of certiorari.
TOWNS.
or convenience may require tlie same; and whenever the
right of way for any such extension cannot be obtained by
conti-act the board of trustees ma}^ proceed to obtain the
same, under the provisions of chapter XCIL, code of 1S45,
entitUul " Right of Way," or under the provisions of the
existin i" hiw on that subject, with reference to said town ;
and that parcels or bodies of hmd, of five acres and over,
used for agricultural purposes, within the corporation liniits
shall not be subject to corporation tax.
§ 27. The said board shall cause to be published, annual-
ly, a full and complete statement of all moneys received and
expended by the corporation during the preceding year, and
on what account received and expended.
§ 28. All ordinances passed by the said board shall be
published in some newspaper printed in said town, and shall
have been published as aforesaid. Any of said ordinances
shall be sufficiently proved, in any court, by a production of
a copy of the same, certified by the clerk of the corporation,
or a printed copy of the same, taken from the ncM-spaper or
pamphlet in which it has been published : Provided^ the
same purports to have been published by authority of the
corporation.
§ 29. In cases arising under this act or growing out of
the by-laws and ordinances made in pursuance of this act,
any justice of the peace, within said corporation, shall have
jurisdiction to hear and determine the same; and appeals
may be taken and writs of certiorari allowed from any such
decisions, in the same manner as now is or hereafter may
be provided by law for appealing from judgments of justices
of the peace.
§ 30. This is hereby declared to be a public [act] ; to be
received and used in all courts, without proving and plead-
ing the same, and shall take effect from and after its passage.
Approved February 22, 1861.
In force Febmary AN ACT to amend an act entitled "An act to incorporate the town of Yer-
' ' niont," approved February 13, 1857. /
Section 1. Be it enacted ly the People of the State <
PVinois^ represented in the General Assembly, That secti
two, in said act, in relation to the boundaries of said to;
be and the same is hereby amended so as to restrict the'
porate limits of said town to the following described \
towit : Southwest quarter and northwest quarter of ^
twenty-nine, in township four north of the base lir
east of the fourth principal meridian.
TOWNS. TSl
§ 2. That so mucli of said act as is inconsistent witli this
act be aiul the same is hereby repealed.
§ 3. This act to take effect from and after its passage.
AprKovEi) February 18, 1861.
AN ACT to amend an act entitled "An act to incorporate the town of Yir- in foi-ce February
ginia, in tlie county of Cass, and state of Illinois." 22, 18G1.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented m the G-eneral Assemhhj, That if a
majority of the leo:al voters shall so decide, the trustees of Town prison.
the town of Virginia shall have power to erect a town prison
house, within the corporate limits of said town, and and to
make all needful regulations for the safe-keeping of all per-
sons confined therein.
§ 2. The trustees of the said town of Virginia shall have
power to provide, by ordinance, for the punishment for
offences against the ordinances of said town, by imprison-
ment in the town prison : Provided, imprisonment for any
one offense shall not continue more than thirty days.
§ 3. It shall be the duty of the town trustee to give five Notice of election.
days' notice of the election hei-einbefore provided for, and
to act as judges and clerks of election : Provided., that if
said trustees shall fail or refuse to act in the premises
notice of the election may be given by any five legal voters
of the town of Yirginia ; and the judges and clerks of said
election may be selected as provided by the general election
law of the state of Illinois.
§ 1. All persons shall be entitled to vote or hold office Qualification.
under this act who have resided within the said corporation
ninety days next preceding any election they may offer to
vote at and have the qualification of voter for a mem
ber of the general assembly.
§ 5. Section twenty-three of the charter is hereby re-
pealed, and the school distj'ict of said town of Virginia is
hereby remanded back to the original form, as it existed be-
fore said town of AHrginia was incorporated ; also the words
"and a school district," in section thn-ty-three, of said char-
ter, are hereby stricken out.
§ 6, All farming lands, in tracts of five acres or more, Taxes,
actually cultivated, within the said corporation limits, shall
be taxed for town purposes, according to the assessed valua-
tion of the county assessor.
§ T. This law shall be in force from and after its pas-
sage.
Appkoved February 22, 1861.
732
TOWNS.
In force February AN ACT to legalize the ineorporntion of the town of Versailles, in Brown
county, in the state of Illinois.
Section 1. Be it enacted hy the Peoi^le of the State of
Illinois, represented m the General Assembly, That the
incorporation of the town of Versailles, in the county of '
Brown, be and the same is hereby dechired legal
§ 2. The acts and doings of the said incorporation, here-
tofore ordained by the corporate authorities, not in coniiict
witli^the coiistitution of the state, are hereby declared legal, i
§ 3. This act to be in force from and after its passage'
Api'eoveo February 21, 1861. °
In force Fe1)ruarv a \r a nm j.~ x ^ • , ,
21, isOl. ^^ ^CT to vacate certain streets and alleys in the town of Yandalia, there-
in nained, and other purposes, and to vacate public square in Huntsville,
bcnuyler count}'. ' ;
Section 1. Be it enacted hj the People of the State of
Illinoi8,rej)resentedin the General Assembly, That somudi
ot l^ightli street, as lies between the south side of St. Clair
street and the northwest corner of block eight and the north-
east corner of out lot number 39, of six acres, in the town
ol Vandaha, beand the same is hereby vacated, and the
ground occupied by said street be attached to lot ^q. one,
m said block eight, and become a part of said lot.
Block eight. § 2. Be it further enacted, That the alley running through
block JNo. eight, in said town, be and the same is hereby
vacated, and the ground occupied by the same be and the
same is hereby attached to and becomes a part of lot :N"o
^^1 l' "^ ^f^ ^^^^^^ ^'S^^t' ^^^ the town of Yandalia.
St. Clair street. ,, § ^- ^*f tt further enacted, That St. Clair street, from
the east side of Seventh street, to the west side of Eighth
street, m said town, be and the same is hereby vacated, and
tlio ground occupied by said street be and the same is hereby
attaclied to and made part of lots one and eight, of block
eight, in said town. ^ '
M. Be it ftcrther enacted. That the alley running
^irough_ block No. 25, and tbe alley running through block
INo. o8, in the town of Yandalia, and Madison street, from
the ^vest side of Seventh street to the west end of out-lots
^0 40 and ]S^. 41, and Eighth street, from the north side
of Main street, to the south side of Madison street, be and
the same are hereby vacated.
§ 5. That this act to take effect and be in force from
and alter its passage.
§ 6. Nothing in this act conlained shall, in anywise, im-
pair or interlerc with the rights of individuals in and to the
i.iiKis above named and described. |
TOWNS. Y33
That the public square in tlie viDage of Iluntsville, in nun'svuie.
Schuvler county, Illinois, is hereby vacated, and the title
thereto shall hereafter be vested in George P. Sidner, Xa-
than J, Everson, and Nicholas Berniood, school directors of
school district No. one, in township two north, range four
west of the fourth principal meridian, in Schuyler county,
Illinois, and to their successors in office, for the use and
benefit of said district.
Appeoved February 21, 1S61.
AN ACT to incorporate the Town of Yirden. In force Fchrunry
22, ISOJ.
Section 1. Be it enacted hy the Peoijle of the State of
Illinois^ rejyresented in the General AssemMy^ That the
inhabitants of the town of Virden, in tlie county of Macou-
pin, are hereby declared a bod}- corporate and politic, with
all the rights, privileges- and powers conferred upon the
town of Carlinville, by an act entitled "An act to incorpor-
ate the town of Carlinville," approved February 9th, 1 853 ;
and all the provisions of the act aforesaid and, also, an act
amendatory thereto, entitled "An act to amend an act enti-
tled 'an act to incorporate the town of Carlinville,'" ap-
proved February 15th, 1855, together with all the provisions
of said last mentioned act, are hereby declared applicable to
the said town of Virden.
§ 2. Before this act shall take effect it shall be submit- vote upon char-
ted to a vote of the residents of said town of Yirden, at an
election to be held in some public place in said town on the
first Monday of May next; at which election all persons entitled
to vote by the laws of this state for stata and county officers,
who are actual residents of said town, as at present laid off,
shall be entitled to vote upon the question of the adoption
of this act. Said election shall be held and conducted by
three judges and two clerks, to be chosen by the electors on
the morning of the election, in the same manner as now
provided by law, where the judges of election do not attend,
who shall be qualified as now required by law; and every
person entitled to vote on this cpiestion shall vote by ballot,
written or printed thereon, " For Incorporation," or
"Against Incorporation." And if a majority of all the
votes cast shall be for incorporation then this act shall take
effect and be in force, and not otherwise. And, if adopted,
an election shall be held in said town on the third Monday
of May next, for all the officers whose election is provided
for by the act which will be in force by the adoption of this
act.
§ 3. The votes cast at said election shall be canvassed canvass of votes,
by the judges and clerks of said election, as now provided
734 TOWNS.
i'nrhy law, and the result thereof shall be certified, under the
hand and seal of said judges and clerks, and shall be re-
corded by the clerk of the county court of the county of
Macoupin, on the record of said court ; and which record
shall be evidence, in all courts and places, of the facts there-
in stated.
§ 4. If this act shall take effect, as above provided,
the officers elected nnder the provisions of this act shall
hold their ofiice until the next regular election, as provided
for by the act which will be in force by the adoption of this
act.
§ 5. This act shall be in force from and after its passao-e
Ai>PK0VED February 22, 1861. °
In force February AN ACT for the relief of the Town of White Hall.
'20, ISUl.
Section 1. Be it enacted by the People of the State of
lUmots, rejyresented in the General Assembly, All njoneys
arising trom the licensing of the sale ol intoxicatino- drinks
withm the corporate limits of the town of White Hall, shall
be paid into the treasury of the said town of White liall.
§ 2. All acts or parts of acts confiicting with this act are
hereby repealed.
§ y. This act shall take eftect from and after its passao-e
Approved February 20, 1801. °
''.^;;- I...uary AN ACT to legalize the second survey of the Town of Wapdla, in DeWitt
county, Illiuois.
Whereas errors were made in the first location and survey
of the town of Wapella, in said county and state ; there-
tore, "^ '
Section 1. Be it enacted hy the People of the State of
lllmms, repremited m the (Jeneral Assembly, That the
survey and phit of the town of Wapella, as made by Oliver
J.akin, present county surveyor of DeWitt comity, except
as hereinafter excepted, be deemed and taken to be the cor-
lect map and plat of said town.
,,-]lf' 1 "^''f '^'^ ^^^^ portion of said town plat of AVapella
D ni d ^l'^'-^^^^'^;"' ^^^'^'^'^ the date of this act, vacated by
1). me A. i\eai, the owner of the property of said town, T
oonn/vT '' ^"7/'^C'^^-t^etl in the records of said F>eWi
county, l)e vacated.
Ai'i'K(n'En February 22, 18G1.
as
itt
TOWNS. 735
AN ACT to amend "An act to incorporate the Town of Warren." In force Fohi-uary
'■i'i, i&oi.
Section 1. Be it enacted hy the People of the State of
Ilhiiois, represented in the General Assembly^ That the
president and trustees of the town of Warren sluill here-
after, in addition to the powers aheady conferred npon
thein by an act of incorporation, approved February ^Ith,
1851>, have power to open, abohsh, alter, widen, extend and
establish streets, alleys and public grounds in said town.
§ 2. Whenever the president and board of trustees shall opening of streets
deem it necessary to take private property for opening,
altering, widening or extending any public street or alley,
in said town, the corporation sliali make just compensation
to the owner or owners for such property taken ; and in case
the amount of such compensation sliall not be agreed upon,
the president and board of trustees shall cause the amount
to be ascertained by a jury of six disinterested freeholders
of some adjoining town.
^ H. The collector appointed by the president and board Collector.
of trustees, under section 7 of the act of incorporation of
said town, shall be required to file a bund, before assuming
the duties of his office, with good and sufficient securities,
in a sum designated by the board of trustees ; and all offi-
cers, by appointment, under said act, shall continue in office
for one year, unless removed by a majority vote of the
board of trustees.
§ 4. Section 8 of said act of incorporation is hereby
amended, so as to read, in the 3d line, "except in cases
where they are enjoined in prosecuting, defending, attend-
ing to or settling any suit or suits in behalf of said corpora-
tion,"
§ 5. Section 11 of said act of incorporation is hereby
amended, so as to read, in the 3d and l]th lines of said
section II, "real and personal property, in said town ;" also,
to read, in the J 2tli line of said section 11, "and if a majority
of the votes are in favor of said taxation then an assessment
shall be made, in accordance with the provisions of the act
of incorporation and the several amendments thereto."
§ 6. The president and trustees of said town shall have Penalties.
power to establish, by ordinance, a penalt}^ in conformity
to the statute, in such cases made and provided, for all cases
of assaidt, assault and battery arid affrays, that may occur in
said town ; and all penalties so recovered shall be paid into
the treasury of said town, for the use of said corporation ;
and they shall also have power to provide, by ordinance, for
the ])unishment of offenders against any ordinance of said
town, by imprisonment in the county jail or town calaboose,
not exceeding thirty days for any one offense, in all cases
when the otiender or offenders shall fail or refuse to pay
the lines and forfeitures which may be recovered against
him or them.
73 G TOWNS.
sirtci tax. § 7. The said board of trustees shall have power to levy
a tax, annuallj, on ail the personal and real property of
said town, for street, alley and bridge purposes, in a sum
not to exceed twenty cents on every one hundred dollars
taxable property, to be ascertained from the assessment for
state and county purposes; which tax may be paid, in
niuney, to the street commissioner, or in labor, under the
direction of the street commissioner, at the rate of seventy-
iive cents per day ; and all sums returned, under affidavit,
by the street commissioner, as unpaid, shall be reported to
the clerk of the county court, who shall annex the same to
the tax list for county and state purposes, to be collected as
m allcases of delinquent taxes; and, when collected, shall
be paid into the treasury of said town, for the use of said
incorporation. Section 13, of said act of incorporation, ex-
cept so much as relates to the two day labor tax, is hereby
repealed,
"res. ■ § 8. The president and board of trustees shall have
power to provide, by ordinance, for the prevention and ex-
tinguishment of tire and to organize, establish and regulate
fire and hook and ladder companies ; to prescribe the^man-
ner of building cliimneys, arranging flues and pipe con-
nected with stoves; and, for this purpose, may appoint an
inspector and prescribe his duties; and' they shall have
power to provide for the inspection and weicrliing of hay
and coal and the measurement of wood and other l?iel to be
used in said town,
rossings. § 9_. The Said board of trustees shall have power to
establish crossings on railroads, within the corporate limits,
and make the necessary rules and regulations for keepino-
the same unobstructed.
§ 10. All former acts of the president and board of
trustees, in tiieir official capacity, which are not contrary to
the cunstitution and laws of the state or the constitution of
the United States, and only defective in form, as trustees of
said town ot Warren, are hereby legalized.
§ 11. This act shall take eliect and be in force from and
after its passage.
Ai'i'KovED February 22, ISGl.
[n force Fclivn.-irv * v » r"n * i ii <» .
22, ibOl. *^;, f ^T to ropoal tl.u fourth scctioa of article twelve of "An act to reduce
eroo •l'n'oM""''f "" f!' ''*•' "^ Y"'"-^'"' '"^^ '^'^ "'''''■■''^ ^^'^ amendatory
tlieioot m one act, and to amend the same."
Section 1. L'e it enacted hj the Peajyle of the State of
JUmms, represented in the General Asmubh/, That the
lourth section of article twelve of "An act to reduce the act
TOWNS. T3Y
inc''>rporatin<:; tlie city of Warsaw and the several acts
aineiidaturj thereof into one act, and to amend the same,"
b/ and the same is hereby repealed.
§ 2. This act lo take effect and be in force from and
after its passa-^e.
ArPiioVKD February 22, 1861.
AX ACT relatino; to elections in the town of Waterloo, in Monroe county. In force February
° ' •' 22, 1861.
Section 1. Be it enacted hij the People of the State of
lUmois, represented in the General Assembly^ That at all
elections, hereafter held, under the charter and by-laws of
the incorporation of the town of Waterloo, in Monroe coun-
ty, all persons, resident of said incorporation, shall be enti-
tled to vote who are by the constitution and laws of this
state entitled to vote, anythino; in the charter and by-laws of
said town to the contrary notwithstanding.
§ 2, This act shall take eli'ect and be in force from and
after its passage.
Approved February 22, 1861.
AX ACT authorizing the town of Wilmington and other towns to raise a tax In force February
for the improvement of the Kanliakee river. ^''^' ^^^^*
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Asseinhly^ That it shall
be lawful for the legal voters of the towns of Wilmington, vote upon levy-
Reed, Wesley and Florence, in the county of Will, and the "'^^''•''"
towns of Essex, Norton, Salina and Rockville, in the county
of Kankakee, and the towns of Greenfield, Bracerville and
Felix, in the county of Grundy, at their next or any subse-
quent annual town meeting, or at any special meeting legally
nutitied for that purpose, to vote for or against a tax for the
improvement of tlie Kankakee river, from the state dam, up
said river, to the head of the island at the \illage of 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 iiieet-
ings.
§ 2. Said vote shall be taken by ballot, upon which shall
be written or printed, or partly written and partly
printed, ''For the Tax," or "Against the Tax." If it
—65
73S
TOWNS.
Collectors' duties.
T.iwiis to take
stock.
Applicntion
fuuiis.
Second election.
shall be found tliat a majorltj of the voters of said towns,
respectivel.y, and a majority of said towns, respec-
tively, voting upon the question, have voted in favor of the
tax, then there shall be assessed, for and during the term of
three years, an annual tax of one-half of one per cent, upon
everydollar's worth of property, both real and pers<jnal, in
said town, or of whichever of said towns shall have voted
in favor of said tax ; which tax shall be collected in the
same manner as other taxes are collected, except that it
shall be paid in money only. Said votes shall be canvassed,
as nearly as may be, as votes at ger.eral elections are can-
vassed, and shall be certified to by the moderators and clerks
of said toM'n meetings, and filed in the office of the town
clerks of said towns, respectively.
§ 3. The collectors of each of said towns shall, annually,
pay over to the treasurer of the Kankakee Company the
amount of taxes collected nnder the provisions of this act,
after deducting his fees, which shall be the same as in other
collections, and shall receive his receipt therefor. And the
proper otficer 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, for so many sliares
at their par or full value as there seems so paid over, from
year to year; shall call for, in even shares ; and all fractional
sums, less than a full share, shall be receipted for, to be ad-
justed on the final payment of said tax : Provided., that in
no case shall either of said towns be held to pay over to said
company, upon such stock, a greater sum than the taxes
above provided for.
§ 4. Said towns shall, respectively, be considered stock-
holders in said company, and shall each be entitled to as
many votes, in all meetings of stockholders of said company,
as their respective shares will entitle them to; which votes
may be given by the supervisors, for the time being, of each
of said towns, unless said towns shall, at a regular town
meeting, otherwise direct.
§ 5. The money so raised and paid over shall be faith-
fully applied by the said Kankakee Company to the im-
provement of the navigation of the Kankakee river, from
the state dam or Kaidadcee feeder to the head of the island
at the village of AVilmington.
§ 0. In case less than a majority of the towns aforesaid
shall vote in favor of said tax, at any annual to-\vn meeting
it_ shall be the duty of the town clerk and supervisor
of each of the towns voting against said tax to call a special
town meeting, giving like' notices as above, witliin thirty
da_)^ after said first vote; at which time said voters may
again vote for or against said tax. And in case a majority
of those voting on the question shall vote in favor of a tax
the siime shall he levied and collected, as above set forth.
And in case a majority shall vote against said tax, then no
TOWNS. 739
tax shall be collected for that year; but in case any of said
towns shall not raise said tax the present year it shall be
lawful for an_y of said towns to take a like vote at the annual
town meeting tor the year 1862, or call a special town meet-
ing for that jHirpose ; and the provisions hereinbefore pro-
vided shall be applied to that and all subsequent taxes, as
nearly as may be ; and the same shall be levied for like
jjeriod from and after the said vote is taken.
§ 7. This act shall not be construed to interfere with or
anyway alter or change the right of or be binding upon the
said Kankakee Company or their lessees or assigns, unless
the board of directors of said company shall, at a meeting of
said board, accept this act, and enter their acceptance upon
their records, or unless their lessees or assigns shall in like
manner accept the same.
§ 8. This act shall take effect and be in force from and
after its passage.
Appeoved February 22, 1861.
AN ACT to extend the corporate limits of the town of Winchester. In force February
' 22, 1861.
Section 1. Be it enacted hj the People of the State of
Illinois^ represented in the General Assembly, That the cor-
porate limits of the town of Winchester, in Scott county,
Illinois, be so extended that the same shall be one mile
square — the present court house in said town being the
center of said square: Provided, that the boundary of said
town, on the southeast corner thereof, shall be the right
bank of the Big Sandy creek.
§ 2. All farming lands, included within the foregoing
limits, of ten or more acres, lying in one body, shall be ex-
empt from corporation taxes.
§ 3. After the passage of this act the president and ^^*^^p°^C^'»-
trustees of said town shall, on giving ten days' public notice,
order an election to be held, at which election all legal voters,
residing within the proposed limits, shall have the privilege
of voting; and the question submitted to be voted upon
shall be, whether said corporate limits shall be extended, as
above provided ; and if a majority of the votes cast at said
election shall be in favor of said extension, then the foregoing
sections shall be in full force thereafter; but if a majorit}- of
said votes shall be against said extension then the foregoing
sections shall be null and void.
Approved February 22, 1861.
740 TOWNS — TRIBUNE COMPANY.
In force F.'bnmry AN ACT to repeal an act therein named, and for other purposes.
22, ISGI.
Section 1. Be it enacted by the People of the State of
Tdmois^representedin the Ge7ieral Assembly, That at tlie next
charter election, in the town of Woodstock, in the county of
McIIenrj, to be held on the first Monday in April, a.d. 1861,
the legal voters of said town, who shall have been assessed
previous to the passage of this act, to pay a pro])erty tax,
under and by virtue of the act of incorporation or any
amendment thereto, and who shall, prior to said election,
have paid all taxes which shall so have been assessed against
their property, shall vote for or against the re]3eal of the said
act of incorporation.
Tote upon repeal. § 2. Said voting shall be by ballot, wn-itten or printed
"For Repeal" or "Against Repeal;" and there shall, at
such election, be kept a separate poll list, npon which shall
be entered only the names of such persons as are entitled
to vote under the provisions of this act ; and the said ballots
shall be deposited in a separate box and canvassed in the •
same manner as votes for president of said town are required
to be canvassed, nnder the provisions of the said act of in-
corporation; and the penalties for fraudulent voting or false
swearing shall be the same as for fraudulent voting or false
swearing at any general election.
§ 3. If, on the canvassing of said votes, it shall appear
that a majority of the said votes have been given "For Re-
peal" the act entitled "An act to incorporate the town of
Woodstock, McHenry county, Illinois," approved June 22,
1852, and the several acts amendatory thereto, shall be re-
pealed, and of no further force whatever; otherwise it shall
remain in full force and effect.
§ 4. This act shall be in force from and after its pas-
sage.
Approved February 22, 1S61.
InfAvoFM.ninry AN ACT to incorporate the Tribune Companv.
18, ISfil,
Section 1. Be it enacted by the People of the State of
Illinois represented in the General Assembly, That John L.
Scri|)ps, (;harlcs II. Ray, Wm. Bross, Joseph Medill, and Al-
fred Oowles, and their associates and successors and assigns,
are hereby created a body cori)orate and politic, nnder and by
the name, stylo and title of "The Tribune Company," with
|)erpetual succession ; and by that name shall be and are
lieri-by made capable, in law an 1 equity, to sue and be sued,
]>lead aiid be imjjleadcd, defend and be defended, in all
courts of law or equity in this state or elsewhere ; to make,
TRIBUNE COMPANY. 741
have and use a common seal, and the same to renew or alter
at pleasure ; and shall be and are hereby vested with all
the powers, privileges and immunities which are or may be
necessary to carry into eti'ect the purposes and objects of
this act. The capital stock of said company shall be two Capital stock.
hundred thousand dollars; the same to be divided into
shares of one hundred dollars each ; which capital shall be
used, mainly, in the printing, publishing and binding busi-
ness, ill the city of Chicago, county of Cook, and state of
Illinois; and be invested in such engines, printing presses,
machinery, types, paper, fixtures and such other articles as
may be necessary to carry on the printing, publishing and
binding business.
3d. The said company shall, also, have power to manu- objects ufcompa-
facture, in the city of Chicago or elsewhere, paper and such "^'
other articles as they may use in the business of printing,
publishing and binding, as aforesaid ; and shall have power
to purchase and hold so much real estate and water power
as may be necessary to carry out the provisions of this arti-
cle third.
4th. The said company shall have power to purchase ^g^gl!,^','^'® "^ ^^^^
and hold all such real estate as may be sold under mort-
gage, trust deed, execution, or other legal process, to secure
and satisfy debts due to the said company.
5th. The said company shall have power, to purchase
and hold so much real estate and lots, not exceeding two
hundred (200) feet front on any street in the city of Chicago,
and to erect suitable buildings thereon ; the same to be used,
mainly, in the printing, publishing, binding and manufac-
turing business, as aforesaid. And all real estate purchased
under the provisions of such fifth or under those of article
third ;.nd article fourth, may be sold, aliened and conveyed,
at the ])leasure of said Tribune Company. All deeds of
]'eal estate shall be made to said Tribune Company. And
deeds and conveyances made by said company shall be au-
thorized by vote of the stockholders who own or legally re-
present at least two-thirds of the shares of the stock of said
company. And said deeds and conveyances shall be sign-
ed by the president and secretary of said company, and be
attested by the corporate seal thereof.
6l1i. Said Tribune Company shall have power to lease ^"^^^"^ °f p'"°i'"'*y
such real estate and building as may be necessary to carry
on the business of said company ; and said compaTiy may
sub-let or lease to others such apartments or rooms in their
own building or buildings, leased by them, as may not be
needed in the printing, publishing and binding business, as
aforesaid.
7th. The said company shall hare power to make all R^'" ^^^J ""^s^'a-
needful and necessary rules for the regulation and direction
of its afliiirs ; and, when so made, tliey shall be binding
upon the stockholders of the said company ; aiid said rules,
742 TRUSTEES ILLINOIS AND MICHIGAN CANAL.
thereafter, shall not be altered, changed or amended, ex-
cept by vote of the stockholders owiiing or legally repre-
senting at least two-thirds of the shares of the stock of the
said company, at some regular meeting ; of which due no-
tice shall be given, in writing or otherwise, to all of said
stockholdei's, at least ten days before said meeting,
orgrinization. § 8- AYhencver stock to the amount of sixty thousand
dollars shall have been subscribed and twenty-iive per cent,
thereof shall have been paid, it shall be lawful for the stock-
holders to commence business, under this act; and they
may elect and appoint a president, secretary and treasurer,
and such other officers and servants as they may deem ne-
cessary, and ilx their compensation and term of office, by
such by-laws as they make and establish; and the said
stockholders shall be liable, in proportion to the amount of
stock severally held by them, for all debts contracted by
. the said coi-poration during the time they were stockholders
aforesaid and for six months after the assignment of the
stock so held by them respectively.
_ This act shall take eifect and be in force from and after
its passage.
Appkoved February 18, 1S61.
In foj;ce Fei.ruary AN ACT to authorize the Trustees of the Illinois and Michigan Canal to enter
into certain agreements therein specified.
Section 1. Be it enacted hj the People of the State of
Illinois, represented in the General Assembly, That the
trustees of the Illinois and Michigan Canal are hereby au-
thorized to enter into agreements or contracts, concerning
the pumping of water into said canal, at the junction of said
canal with the South Branch of the Chicago ri'vei-; said agree-
mentsor contracts to be entered into, either for the purptSe of
changing the water in said river or of increasing tJie supply
ot_ water in said canal, for water power or other purposes,
with any corporation, civil or municipal, or with any person
or persons, as they may deem for the best interests of said
canal and state of Illinois, and without expense or loss to
the state.
§ 2 This act shall be a pul>lic act, and be in force from
ana after its passage.
Aj'pkoved February 20, 1861.
TUKNPIKES. T^3
AN" ACT to incorporate a turnpike or macadamized road, from Perrj, in In force February
i'ilie county, to the Illinois river, opposite Naples. " ' **
Sectkw 1. Be it enaottd by the People of tlie State of
Illinois^ represented in the General Assenihly, That such
persons as shall become stockholders, agreeaM}' to the pro-
visions of this act, shall be, for the tern] of liftj years from
and after the passage of this act, and shall continue to be
a bod}" corpoi'ate and politic; and by that name, may sue corporate name,
and be sued, ])lead and be impleaded, answer and be an-
swered, in rdl the courts of law and equity ; may have and
nse a common seal, and alter the same at ])leasure ; may
make rules and by-laws for the regulation of their affairs,
and transfer their stock, not inconsistent with the laws and
constitution of the United States and the laws and constitu-
tion of this state.
§ 2. Said corporation shall have power to construct and powers and privi-
maintain a turnpike or macadamized road, of such width as ^'^^''^'
may be deemed advisable by the directoi's of said company,
from the town of Perry, to the most eligible place on the
Illinois river opposite Na}>les or its vicinity.
§ 3. The capital stock of said company shall be ten capUai stock.
thousand dollai's which shall be considered as personal pro-
perty, and divided into shares of twenty-live dollars each.
However, said capital stock may be be increased sufficient
to complete said road ; and said company is hereby author-
ized and empowered to borrow any sum of money, not ex-
ceeding six thousand dollars, at any rate of interest not ex-
ceeding ten per cent, per annum ; and to execute bonds or
other writings evidencing said indebtedness and binding
upon said company.
§ 4. That Hugh L. Sutphin, B. L. Mathews, John E. commissioners;
Cleavland, Thomas Reynolds and George P. Rex, or a ma- tions!"^^" *"'^
jori^y of them shall be commissioners for receiving subscrip-
tions to the capital stock of said company, and shall require
at least live per cent, upon the amount of subscription, to be
paid down at the time of subscribing.
§ 5. The affairs of said company shall be managed by Director*.
five directors, three of whom shall form a cpiorura for the
transaction of business; and as soon as the sum of one
thousand dollars shall be subscribed to the capital stuck of
said company, the commissioners named in this act shall call
a meeting of the stockholders, to be held in the town of Pei-ry,
for the purpose of electing directors. Xotice of said meet-
ing shall be given at least three weeks previous to the time
of holding thereof. The said directors shall hold their of-
fice for the term of two years and until, their successors are
elected and qualified. All subsequent elections shall be
held at such time and place as may be fixed by the by-laws
of said corporation.
744: TURNPIKES.
nooks f..r sub- § 0. It shall be tlie duty of suit! commissioners, or a
sciipiioM. majtirity of them, named in ihis act, within three years af-
terthe same takes effect, to open bo(»ks in Peny, as atoi'e-
said for the pnrpose of receivinii: subscription to the cajjital
stock of said company ; and notice of the time and phice
■when and where said books will be opened shall be given
by said connnissioners, by jniblication in a newspaper pub-
lished in Pike county, for at least three weeks j)revious
thereto,
§ 7. Upon the election of directors and the organization
of the board of directors, said connnissioners shall deliver
over to said board all moneys received by them on subsci'ip-
tion to said capital stock, together with all subscription
books, and all other property pertaining to the business of
said company which may be in their hands.
Time of com- § ^- '^'^^^^ couipauy shall commence the construction of
meDctmc-ut. gfliJ tumpikc Or macadamized road within four years from
the time of this act takes effect, and shall complete within
ten years thereafter; and as soon as two miles of said road
shall be completed may erect toll gates thereon and collect
the toll allowed by this act; and the said directors are here-
by authorized to locate and use, for the construction of said
turnpike or macadamized road, any of the public roads in
said county of Pike, leading from the town of Perry to the
Illinois river, opposite or near the town of ]^aples, in Scott
county.
luitesoftou. § ^' The said corporation shall have power to fix and
regulate the tt)ll to be charged and paid for passengers on
said road: Provided, said toll shall not exceed the following
rates : For every vehicle drawn by two animals, three cents
per mile, and one cei t additional, for each mile for every
aninuil more than two ; for eveiy vehicle drawn by one an-
imal, two cents per mile ; for every horse and rider or led
liorse one cent per mile; for every five of neat cattle, one
cent per mile. 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 if any person
shall pass a toll gate forcibly and without having first paid
the legal toll, for every such offense shall forfeit and pay to
Injuries lo road, tlic Corporation the sum of five dollars; and if any ])erson
shall tear up, injure or danuige any ])art of said road or any
thing belonging to said coi-j)oration, such person shall forfeit
and pay three times the amount to the said corpoiation of
damage actually done ; and no forieiture shall be a less sum
than five dollars. All forfeitures and penalties ijicurred
under this act nuiy be recovered in any couit having cogni-
zance thereof, and may be ]u-osecuted in an action of debt
before a justice of the peace, if the sum does not exceed one
huiulred dollars.
i^ 10. That the shares in said comjiany may be trans-
ferred by assignment; aiid any subscriber to the capital
«ffr of Btocli.
TURNPIKES. 745
stock of said company shall not be responsible, beyond the
actual amount of stock by him so subscribed ; and said com-
pany shall have power to sue for and recover, in any court
having jurisdiction of the same, any sum or sums of money
or installments thereof, which may be subscribed as stock in
said road, wdienever default shall be made by the person or
persons so subscribing in the payment of such stock or in-
stallments thereof, and no property shall be exempt from ex- •
ecution for the collection of such stock, any thing in the law
to the contrary notwithstanding.
§ 11. This act be in force from and after its passage.-
AprEOVED February 20, 1861.
AN ACT to amend "An act to incorporate the St. Clair County Turnpike In force February
Company," approved February 13th, 184'7, and the various amendments ^^' ^^''l-
thereto.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General AssemUy^ To j^revent
destruction of the road, by overloading of wagons, the St. Rates of ton.
Clair County Turnpike Company is hereby allowed to
charge, on all wagons having a load of over ninety bushels
of stone-coal, or over thirty-six barrels of flour, or over
twenty barrels of whisky, or over twenty barrels of beer,
or over seven thousand two hundred pounds of other goods,
produce, merchandise or other manufactured goods, double
the rates of toll lixed by their charter and amendments
thereto.
§ 2. The St. Clair Turnpike Company is hereby author- ^"^'^ *« be ex-
ized to extend their road across Cahokia creek, using the ^° ^ '
bridge over said creek which connects the St. Clair Turn-
pike Company with the dike on Bloody Island, and over
said dike to its western shore, opposite the city of St.
Louis ; and shall keep the road on said dike and bridge in
good repair, and build a new bridge, if the present one
should float away or become unsafe for traveling ; but shall
not be held responsible for any destruction of the dike by
high floods. And the said company is hereby authorized tou gate on dyke
to erect a toll-gate on said dike, or on or near said bridge,
and collect the following rate of tolls, viz : For each ^-ehi-
cle, drawn by one or two horses or other animals, five (5)
cents; for each vehicle, drawn by three horses or other
animals, seven (Y) cents ; for each vehicle, drawn by four
horses or other animals, ten (10) cents; for each additional
horse or other animal, one (1) cent; for each led or loose
horse or mule, one (1) cent; for each head of loose cattle,
one-quarter (^) cent; for each head of sheep or hogs, one-
sixth {l-Q\ cent ; for each horse and man, two (2) cents.
—66
740
Dividends.
TURNPIKES.
§ 3. Should the tolls of the St. Clair County Turnpike
Conipan}', after keepinj^ the road in good repair, enable
said company of declaring a dividend of over ten per cent.
l^er annum, then said tolls shall be reduced by the county
court, so that the maximum dividend shall not exceed ten
per cent., yearly, on the capital stock of said company. So
nnich of the act and amendments to which this is amenda-
tory as conflicts or is inconsistent with this act, or any part
thereof, is hereby repealed.
This act shall take effect and be in force from and after
its passage.
Approved February 16, 1861.
scriplioii.
Payment of sub
scriptiuiid.
In force Fehruary j^^^ ^Qf ^^ authorize the county court of Monroe county to subscribe to the
' * ■ capital stock to the Waterloo and Caroudelet Turnpike and Ferry Company.
Sectiois'^ 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assemhly^ That when
Vote upon sub- the couuty clcrk of Monroe county shall give notice, as is
required by law, of the election to be held in June, a.d.
1861, lie shall, likewise, give notice of a vote to be then
and there taken, by the legal voters of said county, for or
against the subscription, by the county court of said county,
of twenty-five thousand dollars to the capital stock of the
Waterloo and Carondelet Turnpike and Ferry Company ;
which vote shall be taken by ballot, upon which shall be
written or printed, or partly written and partly printed,
"For the Subscription," or "Against the Subscription,"
§ 2. If it shall be found that a majority of the votes of
said county, voting at said election, have voted in favor of
said subscription, then the county court of said county, at
its next regular term thereafter, shall pass an order author-
izing and requiring the county judge to subscribe said sum
of twenty-five thousand dollars to the capital stock of said
company — said subscri]3tion to be paid to the treasurer of
said company by the collector of said county, in the follow-
ing manner, to wit: Five thousand dollars on or before
January first, a. d. 1863, and the like sum on the first day of
January, each year thereafter, for four years thereatter,
until the whole of said twenty-five thousand dollars is paid.
Jj .'5. The county court of said county shall, in addition
to all other taxes, levy and collect, on all taxable property,
per.sonal and real, in said county, a special tax, not exceed-
ing o!ic-half of one per cent., eiich year, for five years,
beginning with the year eighteen hundred and sixty-two,
for tlie purpose of paying said subscription
act takes enect.
Provided, this
MONROE COUNTY — KAILKOADS. 74T
§ 4. This act shall take effect and be in force from and
after its passage.
Approved February 16, 1861.
AN ACT to authorize the County Court of Monroe county to borrow money in force February
and levy a tax to pay the same. 21, 1861.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the Ge:.eral Assemhly, That the
count}^ court of Monroe county be and is hereby authorized
to borrow a sum of money, not exceeding ten thousand dol-
lars, in the discretion of said court, at a rate of interest not
exceeding ten per centum, per annum, for the purpose of
constructing and repairing county buildings and for other
county purposes.
§ 2. The money borrowed under this act shall not be
borrowed for a longer term than ten years from the first
day of March next ; and for the purpose of paying the in-
terest which may accrue thereon, and which shall be paid an-
nually, and for the purpose of enabling said county to pay the
principal hereby authorized to be borrowed within the time
specified, the said county court of Monroe county is hereby
authorized to levy and collect a tax, not to exceed fifty cents
on each hundred dollars' worth of taxable property in said
county, in addition to the amount otherwise assessed for
county purposes ; which shall be assessed and collected in
the same manner as other county taxes shall be assessed
and collected, and which shall be designated as the "County
Loan Tax," and shall cease to be levied so soon as the
clerk of said court shall certify that the princij^al and inter-
est of said loan is liquidated.
§ 3. This act to take effect and be in force from and
after its passage.
Approved February 21, 1S61.
AN ACT to authorize the Board of Supervisors of Marshal county to levy a In force February
special tax, to purchase certain bonds issued by said county to the Western 1^, 1S61.
Air Line Railroad Company.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the board
of supervisors of Marshal county may and they are hereby
authorized to levy a special tax on all taxable property in
said county, both real and personal, at such time and such
748
RELIEF.
amount as said board may determine, for the purpose of
creatini? a fund to be applied to purchasing the bonds of
said county issued to the Western Air Line Raih'oad Corn-
pan v, and for no other purpose whatever. Said tax sliall be
collected at the same time and in the same manner as other
county and state taxes in said county.
§ 2. This act shall take effect from and after its passage.
Approved February 18, 1861.
In force February AX ACT for the relief of the Litchfield School District, in the county of
21, ISCl. Montgomery.
Section 1. Be it enacted hy the Peoj^le of the State of
Illinois, rejpresented in the General Assembly, That the
money collected by a tax of three-fourths of one per cent.,
levied in 1857, for the purpose of erecting a school house,
upon property lying in that portion of the former school
district, number one, in township nine north, range five
west of the third principal meridian, which is now inclu-
ded in the Litchfield school district, be and the same is
hereby declared to be the property of the Litchfield school
district.
§ 2. That Israel Fogleman and Andrew Miller be and
they are hereby appointed commissioners, and authorized
to ascertain the wdiole amount of money collected by the
tax aforesaid in said school district number one, and to ap-
portion to that portion of said district which is now outside
of the Litchfield school district, and to the Litchfield school
district for that portion of said district, number one, wdiich
is now included in the Litchfield school district, each its just
share of said money, in proportion to the amount collected
by said tax from each of said portions.
§ 3. That Richard W, O. Bannon, who now has the cus-
tody of said money, be and he is hereby required to pay
over the same, together wath the interest that may have ac-
crued while in his possession, according to the apportionment
of said commissioners, within thirty days from the date of
the same; which said money, together with the money
arising from a tax of three-fourths of one per cent., which,
for the purpose of making the burden of taxation equal, the
city council of the city of Litcldield is hereby authorized to
levy and collect upon all the proi)erty within said Litchfield
school district, not heretofore included in said district, num-
ber one, shall constitute a building fund in said Litchfield
school district, and may be appropriated to the purchase of
a suitable site and building or to the erection of a building
for school purposes.
§ ■!. This act shall take effect from and after its passage.
AiTKovED February 21, 1851.
RELIEF. 749
ij
AX ACT for the relief of William M. Dustin. ^°^%°„* TcRr^^
22, 1861.
"Whereas, on the 19tli day of June, a. d. 1854, one William
M. Dustin purchased of the state of Illinois a certain tract
of land, viz : the northeast quarter of the northeast quar-
ter of section number nine, in township number twenty-
seven north, and range number six east of the third prin-
cipal meridian, containing forty acres, and paid into the
treasury of the state of Illinois, therefor, the sum of one
hundred and forty dollars ; and whereas, prior to such
purchase, the state of Illinois had sold and conveyed the
aforesaid tract of land to Isaac P. McDowell and Oliver
P. McDowell, to wit : on the 17th day of May, a. t>. 1854,
by means whereof the state of Illinois had no title in said
tract, at the time of the said sale to the said Dustin ; and
said sale vested no title in the said Dustin, but his grantee
has been ejected therefrom ; therefore.
Section 1. Be it enacted by the People of the State of
JlUnois, represeiited in the General Assembly/, That the
treasurer of the state of Illinois pay to William M. Dustin
the sum of one hundred and ninety-four 60-100 dollars, out
oi any money not otherwise appropriated.
§ 2. This act to be in force from and after the passsage
of the bill.
Approved February 22, 1861.
Department of State,
Springf eld, April 2-3, 1861.
I, 0. M. IIatch, Secretary of State of the State of Illinois, do hereby cer-
tify that the foregoing, except the words printed in brackets, thus, [ ] (which
are inserted for the purpose of correction and explanation,) are true and per-
fect copies of the enrolled laws on file in my oflSce.
In testimony whereof I have hereunto set my hand, the day and year afore-
said.
0. M. HATCH,
Secretary of State.
INDEX.
A.
PACK.
Adams County MciTical Society 346
Adilisoii Farmer's Mutual Insurance Company 546
Alley, therein named, to vacate 38
Alton, Bank, relief of 38
' ' charter, amended 100
' ' fire company 329
' ' Mt. Carmel and New Albany Railroad 480
Albion and Grayville Flank Road.'rate of tolls 478
American Bible Sojicty, exemption from tax 44
America, town plat vacated 556
Arlington, State road, in Brown County 544
Ashley, town charter , 556
Ashley and Mt. Vernon Railroad Company 483
Astronomical Society 546
Atlanta Union Central Agricultural Society 30
Aurora, charter amended 89
' ' Gas Light Company 331
B.
Belleville, city charter 115
' ' Oak wood Cemetery Association 63
' ' Grove Druids, charter repealed 54
' ' and Mascoutah Plank Road 479
' ' and Eldorado Railroad Company 485
' ' and Soutliern Illinois Railroad Company 487
' ' Sanger1)und and Literary Society.- 548
Bissell, Mrs. E. K., apjn'opriation 535
Bloomingdale, Baptist Church, conveyances, etc 77
' ' Academy 9
' ' Cemetery Association, name changed 68
Bloomington city charter 104
Brown ('ouiity Mutual Insurance Company 347
Bosworth, A. K., to transcribe records. . ." 55
Bridge, iit I{yron 57
" at Ilenrv 59
' ' at Mill Creek 59
' ' at Van Buren Street, Chicago 59
' ' at Ottowa 60
' ' at Kaskaskia, Suspension 61
' ' at Oregon 61
Brown, James S., relief of 56
Brighton Hotel and Stock Yard Company '..'.'.'.'.'.'.'.'.'.'.".*..'. 62
o.
Cairo, city charter amended 117
CampuB, town of 58g
Caiudcn, town of, name changed .... 569
INDEX. T51
Cambri(l<re Cemetery Assoriation 65
Canal, Truf^tecs to contract, etc 742
Carlyle city charter 185
Carroltoii, town charter 563
Cattel, George, lea^^e of land, etc '723
Catholic Church, and Bishop, of Chicago 78
Central City Trust Company 453
Chicago, charter amended 118-149
' ' .City Mission 45
' ' Fish Inspector 148
' ' canals and harljor, to improve 152
' ' Horse Railway 340
' ' Ice Company 345
' ' Mutual Life Insurance Company 362
' ' Merchants' " " 366
' ' Marine and Fire " " 368
' ' Loan and Trust Company 452
' ' German House Association 466
'' Refining Company 466
' ' Eagle Works Manufacturing Company 467
' ' Merchants' Association 474
' ' Historical Society 549
' ' and Alton Railroad Company 489
' ' and Evanston ' ' ' ' 487
Chandlerville, charter legalized 577
Chillicothe, town charter 577
Champaign, city charter 153
City Mission, Chicago 45
Clinton county, tax tor jail 299
Colleges, therein named, charters amended 13
Commercial Insurance Company 348
Collinsville Plank Road Company 477
Crete Farmers' Mutual Insurance Company 353
D.
Dallas, city charter 190
Danville, charter amended 588
Davis, town of, alley therein 38
Decatur, city charter amended 189
' ' Seminai'y 13
' ' Gas Light C ompany, charter amended 332
' ' Masonic Hall Stock Company 473
De Kalb, charter ". 598
Dixon, city charter amended 197-199
Drainage of towns in Cook county ; 587
Dunleith, charter amended 610
Dunlap, James A., citizenship restored 307
Du Quoin, Coal Company 299
" city charter 59C
' ' blocks vacated 588
Dustin, William M 74£
E.
Eads, James and William, names changed 47'
Eagle Coal Company, charter amended 30!
Eagle Works Manufacturing Company, Chicago 46'
East Si. Louis. See Illinoistown 44.
Edgar County Agricultural Society 3
Effingham, charter 61
El Paso, Academy, charter 1
' ' Cemetery Association 6
' ' town charter 62
Elkhart, city charter 61
Elizabethtown, charter amended 61
r52 INDEX.
PAGE.
P-liiiwood 5f ining and llamifac tilling Company 467
Elgin Gas Light Company, charter 333
Eigiuo Company No. 1, Alton 329
Episcopal Church, to raise a fund, etc 82
Equitable Fire Insurance Company 370
Erwin, John .F., name changed 308
Eureka Coal Cumpnny, charter amended 301
' ' chartrr amended yl7
Express, Xorthwestern 309
F.
Farmers' Steam Wagon Eoad Company 310
' ' Savings As.sociation 312
' ' and Merchants' Insurance Company 375
" Tornado '' '' ' 378
Ferry, at Alton ^^^
' ' at Chillicothe 2,\^
' ' Charles Summers 390
' ' Jeremiah Grotty " ' " " 320
' ' at Havana g2i 390
'' Xiota Dike ' "" 090
" Phillips' y.y^v///////^'/^'.v^v^'.v^v.'.'.'.'.'.'.'.'.'.'.'.'. iil
I ' over Mississippi river, in Randolph county .. . 325
over ' ' ' ' Savanna 307
"_' ' over Illinois river, S. Robbins .'.'...".'.'.".'.'.'.'.'.'.'."..'.".".'." 327
Fireman's Benevolent Association, Chicago 47
Fish inspector in Chicago ^ [ l^g
Forreston Cemetery Association 69
Fort Dearborn Insurance Company 374
Freeport City, charter amended. ." 199
Freeport Savings Institution 3I5
Fulton City, Mt. Carroll and Freeport Raih'oad ............................. 493
Freeport City, charter amended. ." 19<
Freeport Savings Institution 01 i
ad..
G^.
Galatia, town charter goQ
Gallatin county, relief of towns, etc 631
Galena, charter amended O(')0— 202
' ' Library Association ggQ
and Mineral Point Plank Road, .. .^..... .... ......'. 499
Galesburg Gas Light Company chiirter '.'."...".'. 334
Germantown, town plat vacated ^ ........ 631
German House Association, Chicago 466
' ' Evangelical Salem Church, Quincy ...'.".'.*.".'.'.*.'.'.'.'.'.'.'.'..". 84
' ' Savings Bank, Peoria '. .' _' 39
Graceland Cemetery Association ^1
Granville, town charter n.L
Grayville and Albion Plank Road Company." ." .' .' ." .' .' .' " ' ' ." ." ." ' ' ' .' ' ." ." ." ,".■ .' .' .' .' .' .' .' ,' ." .' .' ,' .' .* .' 473
H.
' Harrisburg, town charter f.o(.
llaldam, town, name changed kTo.
. Harrison Cemetery Association h^
Jarrisonville Levee and Drainage Company. .'.'.'.'. 4Qfi
febrew Congregation, Quincy " 07
[; iny County Mutu:d Insurance Company! '.'.'.'.'.'. qon
h-'ldand ami St. Louis Railroad . . ". fl
li-torw.al Soejety, Chicago .'.'.'.".'!.".'."."!.*.'.'!.' 549
382
340
,. . 343
J eoria „.„
■ It. hmfon Cemetery Association '.'. ^tt
) de Park, town charter ^ '*
D04
"iiie Mutual Insurance Company.
■I'-e Jiailways, (Jhieago ". .
" Springfield
INDEX.
i53
I,
Illinois Liberal Institute
' ' River Bridge Company, Ottawa
" " " " Henry
' ' Eldership. Church of God
' ' Central Iron and Coal Mining Company
' ' Agricultural Implement Manufacturing Company.
' ' Starch Company
' ' Southern Railroad Company ■
' ' Astronomical Society
' ' Natural History Society
' ' and Michigan Canal Trustees
Illinoistown, charter
Incorporations, Atlanta Union Agricultural Society ...
Ashley and Mt. Vernon Railroad
Adams County Medical Society
Bloomingdale Academy
16
60
59
80
302
465
469
497
546
551
742
646
30
483
546
9
57
104
485
548
45
Byron Bridge Company
Belleville Uakwood Cemetery Association ^ o^
Bloomington, city charter
Belleville and Eldorado Railroad Company
' ' Sangerbund, &;c
City Mission and Church Home, Chicago. .
Champaign, city charter |^^
Carlyle " " ^^^
Chicago Board of Underwriters
' ' Ice Company
Columbian Insurance Company
Commercial ' ' ' '
Crete Farmers' * ' ' '
Chicago Mutual Life Insurance Company
' ' Merchants' ' ' ' '
Central City Trust Company
Chicago and Evanston Railroad ^°Z
' ' and Alton Railroad ^??
Decatur Seminary
DuQuoin Coal Company
297
345
350
348
353
362
366
435
13
299
El Paso Academy }^
Edgar County Agricultural Association ^^
El Paso Cemetery Association ''"
Engine Company No. 1, Alton ^"^^
Equitable Fire Insurance Company 3 '0
EliJiwood Mining and Manufacturing Company 467
Eagle Works '_' " -^^^
Forreston Cemetery Association
Farmers' Steam Wagon Road Company
' ' Savings Association
Freeport Savings Institution ^
Fort Dearborn Insurance Company ^'^*
Farmers' and Merchants' Insurance Company 3 r5
Tornado " " ^'^6
Fulton City, Mt. Carroll and Freeport Railroad Company 4-93
German Savings Bank, Peoria 3"
Graceland Cemetery Association '1
German Evangelical Church, Quincy ^§5
Gas Light Companv, Aurora 331
" " " Eldu ^^^
Galesburg 334
" " Peru and LaSalle 335
" " Pekin 336
" " Rockford 338
' ' ' ' Warsaw 339
G alena Librarv Association -^50
69
310
312
315
IXDEX
PAGE.
•ations, Ilntcliinson Cpmeterj Association 74
' Hume Mututil Insurance Company 3S2
' Harrisonville Levee and Drainage Company •. , 436
' Insane Asylum, Cook county 50
' Illinois Eldership Church of God 80
' Illinois Central Insurance Company S90
' " Life " " 393
' ' ' Railroad, Steamboat, &c., Insurance Company 395
' Inland Insurance Company 400
' Illinois Agricultural Implement Manufacturing Company 465
' ' ' Natural History Society 551
' ' ' Starch Company 469
' ' ' Astronomical Society 546
' Jersey County Farmers' Mutual Insurance Company 402
' Lock-port Seminary 1*7
' Luke Forest charter 205
' Land Improvement. Company 451
' Metropolis College 20
' Morgan County Agricultural Society 37
' Merchants', Farmers' and Mechanic-' Savings Bank 42
' Ministerial Education Society 50
' Morris, city charter 218
' Mascoutah Savings and Insurance Company 407
' Merchants' Insurance Company 413
' Mississippi Levee and Drainage Company 447
' Macomb Stone Company 469
' Masonic Hall Stock Company 473
' Merchants' Association, Chicago 474
' Monticello Railroad Company 502
' McLean County Central Branch Railroad 506
' Metropolis Library Association 552
' Xew Jerusalem Convention. . . , 81
' Northwestern Illinois Coal Company 304
' ' ' Express Company 309
' Niota Dike and Ferry Company 323
' New Peoria Fire Company No. 4 329
' North w-estern Agricultural and Manufacturing Company 470
' Ohio and Mississippi Railroad Company 508
' Presbyterian College " 22
' Preachers' Aid Society, Methodist Church 51
' " " " Northern Illinois 52
' People's Mutual Fire Insurance Company 414
' Peoria Savings Loan and Trust Company 456
' Prairie State '' '' '' 4,59
' Paris and Decatur Railroad Company 509
' Peoria German Library Association 553
' Rock Island Insurance Company 423
' Real Estate Loan and Tiust Company 402
' Shawneetown, city charter 249
' Springtield Waterworks ('ompany 285
' Sparland Mill and Coal Company 305
' Stephenson County Mutual Insurance Company 425
' Shawneetown and Eldorado Railroad ' ' 525
' State Savings Institution 555
' Tornado Insurance Company 429
' Tyler and Greenleaf Sewing Machine 471
' Tui'npikc, Naples and Perry 743
' Urbana ai,d Champaign Institute 24
' Union Agricultural Societv, Jo Daviess and other counties 34
' United Brethren, Belleville 54
' Woodstock University 26
' Whcaton College ". 28
' Winiiesheik Insurance Company 433
' Young Men's Christian Association 46
INDEX. T65
PAGE.
lucoi'porations, Indiana and Illinois Railroad ■. 499
' ' Insane Asylum, Cook county 48
' ' Insurance Company, Addison Farmers' Mutual 346
" " " Boone County Mutual 347
" " " Commercial, "Chicago i . . . 348
" '' " Crete Farmers' Mutual 353
" " " Chicago Mutual Life 362
" " " " Merchants' 366
'( " " " Marine and Fire 368
" " " Equitable Fire 370
" " " Fort Dearborn 374.
" ' ' ' ' Farmers' and Merchants' 375
" * ' " Farmers' Tornado 378
" " " Home Mutual 382
" ■ " " Henry County Mutual 389
" " " . Illinois Central 389,390
" " " " Life 393
" " " " Mutual Fire 395
" " " " Railroad, Steamboat, etc 395
" " " Inland 406
" " " j\Iascoutah Sayings 407
" " " Merchants' 413
" " " Peoples' Mutual Fire 414
" " • " Quincy Savings 422
" " " Rock River Mutual 422
" " " Rock Island 423
" " " Stephenson County Mutual 425
" " " Tornado., " 429
" " " Trust 433
" " " Winnesheik 433
J-
Jacksonville and Alton Railroad Company 499
Jackson, Perry and Randolph State Roads 543
Jersey County Bank, relief of 38
' ' ' ' Farmers' Mutual Insurance Company 40O
Jerseyville, charter amended 660
Jeflfersonville and Albion Plank Road 540
Jo Daviess, Stephenson, etc.. Agricultural Society 34
Joliet, vacation of certain lands 203, 204
' ' and Chicago Railroad Company 497
Jonesboro and Murphysboro road 541
K-
Kankakee River Bridge, Wilmington 537
' ' ' ' improvement of 737
' ' city charter 660
Kaskaskia River Suspension Bridge 61
Keithsburg, charter amended 675
Kenosha and Rock Island Railroad 500
Lake Forest, charter -. 205
Land Improvement Company 451
Lane, town charter 678
Lind University charter 18
Lindsay, Morris, Postmaster 535
Lincoln, town charter amended 676
Litchfield school district 748
' ' city charter amended 204
Lockport Seminary, charter 17
Loan and Trust Company, Chicago 452
Y56 ' INDEX.
M-
PAGE.
Maconil), city charter amended 236
' ' Stone Company 469
MasconUli Savings and Insurance Company 407
Masonic Hall Stock Company, Decatur 473
Mascoutah and Belleville Plank Road 479
Mattonn and Decatur Railroad 501
Marseilles, town charter 698
Mattoon " " 703
Manchester " ' ' 706
Marshall county, tax for W. A. Railroad 747
McLean County Agricultural Society. 37
McDonough county, conveyances from Schuyler county 89
McLean County Central Branch Railroad 506
Metropolis College charter 20
' ' Library Association 552
' ' city charter amended 235
Merchants', Farmers' and Mechanics' Savhigs Bank 42
Merchants' Insurance Company 413
' ' Association, Chicago 474
Ministerial Education Society, Methodist Church 50
Mill creek bridge 59
Mitchell, J. J., name changed 308
Mississippi Levee Company 447
' ' and Wabash Railroad Company 500
Michie, James,, relief of , 536
Milton, town charter 697
Mineral Point and Galena Plank Road 479
Morgan County Agricultural Society 37
Morris, city charter 218
Mount Carl)on Coal Company 303
Mouticollo Railroad Com})any 502
Monroe county subscription to W. & C. Turnpike 746
" " buildings 747
isr-
New Boston, city charter amended 236
New Jerusalem General Convention 81
New Peoria Fire Company No. 4 329
Northwestern Universitv 21
' ' Illinois Coal Company 304
' ' Express Company. . .' 309
' ' Agricultural and Manufacturing C ompany 470
o-
Ohio and Mississippi Railway Company 508
Old Caledonia, to vacate plat 715
Oregon Bridge 61
Ottawa, charter 238
" city schools 238
" ' ' waterworks 239
p.
Pana, charter amended 715
Paris and Springfield Road 541
' ' and Di'catur Railroad Company 509
Peets, J. I'c W., change of name 477
Pekin, city cliarter amended ' 240
' ' Lincoln and Decatur Railroad Company 518
' ' _ Gas Light Company 336
Peoria, city charter amended 244
' ' Fire Company No. 4 329
' ' German Savings Bank 39
INDEX. 757
Peoria Horse Railway 342
' ' Savings, Loan and Trust Company 456
' ' and Oquawka Railroad Company 516
' ' German Liljrary Association 553
People's Mutual Fire Insurance Company. . 414
Perry, Randolph and Jackson Road 543
Perry and Naples Turnpike 743
Peru and LaSalle Gas Light Company 335
Petersburg and Tonica Railroad 512
Pike County Railroad 509
Pinckneyviile, charter 716
Pittsburg, Fort Wayne and Chicago Railroad 513
Praii ie State Loan and Trust Company 459
Presbyterian College, charter 22
' ' Theological Seminary. . 24
Preachers' Aid Society 51, 52
Princeton, charter amended 715
Protestant Episcopal Church Fund 82
Q.
Quincy, German Salem's Church 85
' ' Hebrew Congregation 87
' ' two mill tax 247 — 249
' ' board of education 247
' ' sinking fund 248
' ' city bonds 249
' ' Savings and Insurance Company c ... . 422
' ' and Toledo Railroad Company 520
Railroad, Alton, Mt. Carmel and New Albany 480
' ' Ashley and Mt. Vernon 483
' ' Belleville and Eldorado 485
* ' " Southern Illinois 487
' ' Fulton City, Mt. Carroll, etc 493
' ' Highland and St. Louis 496
' ' Illinois Southern 496
' ' Joliet and Chicago 497
' ' Jacksonville and Alton 498
' ' Indiana and Illinois Central 499
' ' Kenosha and Rock Island 500
' ' Mississippi and "Wabash 500
' ' Mattoon and Decatur 501
' ' Monticello 502
' ' Pike County 509
' ' Paris and Decatur 509
' ' Petersburg and Tonica 510
' ' Pittsbur r, Fort Wayne and Chicago 513
' ' Peoria and Oquawka • , 516
' ' Pekin, Lincoln and Decatur 518
' ' Rock Island and Alton 522
' ' Sycamore and Cortland 524
' ' Shawneetown and Eldorado 525
' ' Springfield and Pana 529
' ' Terre Haute, Alton and St. Louis 530
' ' Westei-n Air Line 744
Real Estate Loan and Trust Company 462
Rockford, city charter 254
' ' vacation of lots 253
' ' Gas Light Company 338
Rock Island, city charter 257
' ' Insurance Company 422
Rock River Mutual Insurance Company 422
-58 INDEX
PAGE.
Road, state, Adams county 540
' ' ' ' Cook county 586
' ' ' ' Wayne county, Jeffersonville, etc 540
' ' ' ' Union county, Jonesboro, etc 541
" ' ' Yincennes and Chicago 541
( t li p.^i-is and Decatur 541
( ( II Perry, Randolph and Jackson counties 543
' ' ' ' Arlington, Brown county 544
Russell, Abraham, title to lands, etc 545
s.
Salem, "West, to vacate, etc 718
School district, Litchfield 148
Schuyler Presbytery, conveyances 89
Shurtleff College, charter amended 13
Shawneetown, charter ; 259
' ' and Eldorado Railroad 625
Shelbyville, town Ihuits and county jail 717
Sheffield, to incorporate 718
Sowers, Edmund, relief of 536
Sparta, charter amended 258
Sparland Mill and Coal Company 305
Springtield, charter amended 277
'"' waterworks Company 285 — 295
Horse Railway 343
and Tana Railroad 528
State Favings Institution 555
Stephenson^ Jo Daviess, etc.. Agricultural Society 34
' ' County Mutual Fire Insurance Company 425
Stevens, Calvin, lease of land, etc 723
St. Clair County Turnpike Company 745
Stone, A. B. and Kankakee river bridge 537
Sumner, town, vacation of 718 .
Sycamore and Cortland Eailroad 524
T-
Talbot, Frank, relief of •' 538
Terre Haute, Alton and St. Louis Railroad 530
Town of Ashley 556
' ' ' ' America 556
' ' ' ' Binghampton, Lee county 557
" ' ' Cambridge, Henry county 557
" " Carrollton ". 563
' ' ' ' Cauid^m, change name, etc 569
" ' ' Chandlerville, charier legalized, etc 577
" " Chillicothe, charter 577
' ' ' '■ Haldam, name changed 586
" " Campus 586
' ' ' ' in Cook county, drainage of 587
' ' ' ' Danville, charter amended 588
' ' ' ' Du Quoin^ blocks vacated 589
" " " charter 590
" " Dc K;ilb, " 598
" " Dunli'ith, ' ' amended 610
" " EHingham " 611
' ' ' ' Eli/aliethtown, charter amended 617
" " Eureka, charter 617
" "Elk Hart City 618
" " El Paso '. 625
" " Galatia 630
' ' ' ' Gcrinantown, plat vacated 631
" " Gallatin county 631
" " Granville " 631
INDEX. 759
PAGE,
Town of Hyde Park, charter 632
' ' Hai-risburg, charter 636
' ' Ilhuoistown, ' ' 646
' ' Jersevville, ' ' amended 660
' ' Kankakee City 660
' ' Keithsburg, charter amended 615
' ' Lincohi, ' ' ' ' 676
' ' L,nne, charter 618
' ' Milton, ' ' 697
' ' Marseilles, charter 698
' ' Mattoon, " 783
' ' Manchester. " 706
' ' Old Caledonia 715
' ' Pana, cliarter amended 715
' ' Princeton, " 715
' ' Pinekneyville, charter 716
' ' Shelbyville, town limits, to vacate and county jail 717
' ' West Salem, to vacate, etc 718
' ' Sumner, '' '' 718
' ' Sheffield, to incorporate 718
' ' Tamaroa, to vacate, etc 723
' ' Teutopolis, survev legalized 723
' ' Tiskilwa, lease of lands and vacation 72-1—723
' ' Tuscola, incorporation of. 724
' ' Vermont, charter amended 730
" Yirden, " " 731
' ' Whitehall, relief 734
' ' Wapella, survey 734
' ' Warren, charter amended 735
' ' Warsaw, " " 736
' ' Waterloo, elections in 737
' ' Wilmington, tax for Kankakee river 737
' ' Winchester, limits extended 739
' ' Woodstock, charter, repeal of 740
Tornado Insurance Company 429
Tribune Company, charter 740
Trustees Illinois and Michigan Canal 742
Turnpike, Perrv and Naples 743
' ' St. Clair County 745
' ' Waterloo and Carondelet 746
Tyler and Greenleaf Sewing Machine Company 429
TJ.
Union County state road 541
' ' Insurance and Trust Company 433
' ' Agricultural Society, Jo Daviess countv, etc 54
" " " Atlanta ". 30
United Brethren, Belleville 54
Urbana, city charter amended 296
' ' and Champaign Institute 24
V-
Van Buren street bridge, Chicago 59
Vermont, charter amended I 730
Vincennes and Chicago State Road 541
Virden, charter amended •" 731
WapeHa, survey of. '^34
Warren, charter amended 735
Warsaw, ' ' ' ' ■ . " 35
' ' Gas Light C ompany 339
760 INDEX
PAGE.
Waterloo, clectiou in town of 73*7
' ' and Carondelet Turnpike 746
Western Air Line Railroad Company 747
West Salem, vacation of alley, etc 718
Wheeler, William, relief of .' 539
Wheaton College 28
Whitehall, relief of town , 734
Wilmington, to\ n tax for Kankakee river 737
' ' bridge, Kankakee river -. 537
Will county court house 283
Winchester, limits extended 739
Winneshiek Insurance Company 433
Woodstock, town charter repealed 740
' ' University charter 26
Y
Young Men's Christian Association, Chicago 47
Live Music Archive
Librivox Free Audio
Metropolitan Museum
Cleveland Museum of Art
Internet Arcade
Console Living Room
Books to Borrow
Open Library
TV News
Understanding 9/11