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Full text of "Laws of the State of Illinois"



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 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 af