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WESTERN ILLINOIS UNIVERSITY LIBRARY
3 1711 00611 8017
PRIVATE LAWS
OF THE
STATE OF ILLIi^TOIS,
PASSED BY THE
TWEI^TY-THIED GElvTEEAL ASSEMBLY,
C0:NTENED JANUARY 5, 1863.
SPRIKGFTELD:
BAKER & PHILLIPS, PRINTEBS.
1863.
Digitized by tine Internet Arciiive
in 2010 witii funding from
CARLI: Consortium of Academic and Researcii Libraries in Illinois
http://www.archive.org/details/lawsofstateofillpriv1863illi
TABLE OF CONTENTS.
ACADEMIES AND COLLEGES: page.
An act to amend "An act incorporating the University of Chicago" 9
A bill for an act to amend the charter of the Chicago Law Inr^titute 9
An act to authorize tlie trustees of the LaHarpe Academy, in the town of LaHarpe,
to convoy property 10
An act to amend an act entitled "An act to incorporate the Quincy English and
German Seminary, in the City of Quincy, in the county of Adams, and State of
Illinois," in force February 5th, 1855 10
An act to incorporate the Mattoon Female Seminani 12
An act to incorporate the Mattoon College 15
An act to incorporate the Illinois Female College 18
An act to incorporate the Directors of the Naperville Graded School 21
BEXEVOLEXT IXSTITUTIOXS:
An act to incorporate the Roman Catholic Asylum of the Diocese of the Catholic
Bishop of Chicago 25
A bill for an act to exempt property of the American Bible Society and its auxilia-
ries and brauchcs from taxation 26
An act to incorporate the Springfield Home for the Friendless 27
An act to amend an act entitled "An act to incorporate the Firemen's Benevolent
Association," and for other purposes 29
An act to incorporate the United Sons of Erin Benevolent Society of the city of
Chicago 31
An act to incorporate the Grand Lodge of the State of Illinois of the Independent
Order of the Sons of Herman 33
An act to incorporate the Chicago Ministry at Large • • 34
BANKS:
An act for the relief of the City Bank of Eames, A.llen &: Co 37
An act to incorporate the Fulton Savings Bank 38
CITIES:
An act to reduce the Charter of the City of Chicago and the several acts amenda-
tory thereof into one act, and to revise the same 40
An act to incorporate the city of Shelbyville, in Shelby county 157
An act to amend the city charter of the city of Monmouth, in the county of War-
ren, and State of Illinois 165
4 CONTENTS.
CITIES: PAGE,
An act to amend an act entitled "An act to incorporate the Springfield Water-
works Company," approved February 21st, 1861 165
An act to arai^nd an act entitled "An Hct to amend an act to charter the city of La-
Salle," approved Februaiy laili, 1853 166
An act to amend an act entitled "An act to incorporate the city of Cairo." 166
An act to repeal certain acts therein named 167
An act to am^nd an act entitled "An act to incorporate the city of Peoria," in force
December 3d, 1844, and the several acts amendatory thereto 167
An act to authorize the Common Council of the city of Chicago to borrow money. 169
An act to perfect the boundaries of the city of Morris lYO
An act to authorize the election of Supervisors in the various wards of the city of
Springfield, Illinois 170
An act amendatory of the several acts relating to the city of Quincy, to provide for
raising a revenue therein, and regulating costs arising under the charter and ordi-
nances of said city 171
An act to authorize the city of Galesburg to borrow money, to be appropriated for
the erection of county buildmgs 173
CEMETERIES:
An act to amend "An act to incorporate the Rosehill Cemetery Company," approved
February 11, 1869 174
CHICAGO DOCK COMPANY:
An act to incorporate the Chicago Dock Company 1S7
CHICAGO CHAMBER OF COMMERCE:
An act to incorporate the Chamber of Commerce of the city of Chicago 179
CHICAGO POST COMPANY:
An act to incorporate the Chicago Post Company 182
DOUGLAS MONUMENT ASSOCIATION:
An act to incorporate the Douglas Monument Association 184
DRAINAGE AND LEVEES:
An act to authorize the drainage of lands in the townships therein mentioned, and
to construct roads therein 183
An act to amend an act entitled "An act to authorize the drainage of lands and
the construction of levees, embankments, and roads, in Madiijon county, Illinois,"
approved Feb. 19, 1859 ." 188
FERRIES :
An act to extend the charter for a ferry across the Mississippi river, tlierein named. 189
An act to establish a ferry across the Kaskaskia river 190
HELVETIA SHARPSHOOTERS:
An act to incorporate the Helvetia Sharpshooters' Society, of Highland, Madison
county, Illinois 191
INSURANCE COMPANIES:
A bill for an act to amend thii chni'ter of the Greenville Mutual Fire Insurance
Company 11)2
An act to incorporate the State In--nrance Company 194
CONTENTS. 5
INSURANCE COMPANIES: page.
An act to amend the charter of the Rock River Insurance Company 195
An act to amend the charter of the American Insurance Company, of Freeport,
Illinois ". 196
An act to amend an act entitled " An act to incorporate the Tornado Insurance
Company" 197
An act to incorporate the Southern Illinois Mutual Insurance Company 199
An act to amend an act entitled " An act to incorporate the Illinois Mutual Fire
Insurance Company." 202
An act to amend an act entitled " An act to incorporate the Columbian Insurance
Company" 203
An act to amend the charter of the Farmers' and Merchants' Insurance Company,
approved February 22d, 1861, and to enable the company to do a life insurance
and annuity business 203
An act to incorporate the Big Rock Farmers' Mutual Fire Insurance Company 20*7
ILLINOIS JOURNAL COMPANY:
An act to incorporate the Illinois Journal Company 211
MANUFACTURING COMPANIES:
An act to amend an act entitled "An act to incorporate the Aurora Gas Light
Company," approved February 20th, 1861 213
An act to incorporate the Northwestern Chinese Sugar Manufacturing Company. . . 261
MILL DAMS:
An act to authorize Caleb W. Brown to build a dam across the Pecatonica river,
in the county of Stephenson 213
An act to determine the width of chute required in the Rockfurd Water Power
Company's dam, at Rockford 213
MACOUPIN COUNTY RECORDS :
An act authorizing the transcribing of the indexes to conveyances, and certain
records of conveyance, in Macoupin county 214
MISSISSIPPI WAREHOUSE COMPANY:
An act to incorporate the Mississippi Warehouse Company 215
NAME CHANGED:
An act to change the name of Roxy L. Morton 216
PLANK ROADS:
An act entitled an act to amend an act entitled "An act to incorporate the Ottawa
and Vermilion River Plank and Macadamized Road Company," approved Februa-
14, 1857 211
An act to incorporate the Alexander and Pulaski Plank Road and Bridge Company 218
RAILROADS :
An act to incorporate the St. Charles and Geneva Railroad Company 221
An act to provide for the re-organization of the Logansport, Peoria and Burlington
Railroad Company- 225
An act to incorporate tlie Branch Railroad Conipmy 229
An act to incorporate the Hannibal and Naples Railroad Company 232
An act to incorporate the Peoria, Pekin and Jacksonville Railroad Company..,. 234
6 CONTENTS.
EAILROADS: page.
An act to amend the charter of the Peoria and Hannibal Railroad Company 235
An act to authorize the Chicago and North Western Railway Company to create
and issue preferred capital stock in exchange for its second mortgage bonds and
coupons, and to consolidate with other companies 235
An act to authorize and empower the " St. Louis, Alton and Terre Haute Railroad
Company," to extend its railway, and to construct a railroad, from Paris, in Edgar
county, "so as to form a connection with the Wabash Valley Railroad 236
An act to authorize the Saint Louis, Alton and Terre Haute Railroad Company to
extend its railroad, and form a connection with the Dliuois Central Railroad 23Y
An act to amend an act entitled " An act to incorporate the Hlinois Southern Rail-
road Company," approved January 31st, 1857 238
An act to enable purchasers of railroads sold under mortgages, deeds of trust, or
otherwise, hereinafter mentioned, to become corporations 238
A bill to enable the purchasers of the west end of the Peoria and Oquawka Rail-
road sold under mortgage, deed of trust, or otherwise to become a corporation . 240
An act to reduce into one act the several acts incorporating and relating to the
Warsaw and Rockford Railroad, and to amend the same 241
An act in aid of the St. Louis, Jacksonville and Chicago Railroad Company 245
An act to incorporate the Fulton Railroad Company t 248
An act to facilitate and authenticate the formation of a corporation by the purcha-
sers or future owners of the Racine and Mississippi Railroad 264
An act to incorporate the Evansville and St. Louis Railroad Company 256
SCHOOL DISTRICTS:
An act to legalize the assessment of school directors of school district No. two, in
McHenry township, in McHenry county, Illinois 257
An act to amend an act entitled "An act to establish the Lincoln School District,
in Logan county," approved February 24th, 1859 258
An act to amend an act entitled "An act to establish Pittstield School District, in
the county of Pike; to provide for building a School House therein; to levy and
collect a special tax; to issue bonds and borrow money," approved February
18th, 1861 259
TOWNS:
An act to repeal the Rosemond stock law 262
An act authorizing Danville township, in Vermilion county, Illinois, to issue bonds. 262
An act to amend the charter of the town of Hennepin, published on pages 131-135,
of Laws of 1852 268
An act to imend an act entitled "An act to incorporate the town of Geneseo, in
Henry county," approved February 14, 1855 265
An act to amend an act entitled "An act to incorporate the town of Effingham,"
approved February 20, 1861 265
An act to vacate certain streets in the town of Western Addition, in Clinton county 266
An act to vacate the plat of the town of Stonington, in Christian county 266
An act to incorporate the town of Highland, in the county of Madison 266
An act to amend the charter of tlie town of Paris 271
An act vacating a part of Hay ward's addition of tlie town of Pana 272
An act to vacate the town plat of the town of Prairieville, in Hancock county. . . . 27i
An act to amend an act entitled "An act to incorporate the town of St. Charles,"
approved February 12th, 1853 272
CONTENTS. 7
TOWNS: PAGE.
An act supplementary to an act entitled "An act to provide for leasing the land
granted as a common to the inhabitants of the town of Prairie du Rocher, in
Randolph county, or so much of said land as it shall be to the interest of the in-
habitants of said town to lease for school purposes," approved February 8, 1851. 213
An act to amend "An act to incorporate the town of Moline," approved February
14, 1855, and an amendment to said act, approved February 18, 185*7 278
An act to amend an act entitled "An act to revise and amend an act entitled 'an act
to incorporate the town of Danvillle,' " approved February 15th, 1855 274
An act to vacate a street and part of streets in the town of Providence, in Bureau
county, Illinois 274
An act to amend the charter and increase the powers of the town of Carlinville. . . . 275
An act to attach a part of range No. 10 west, in Vermilion county, to range No. 11
west, in said county , 277
An act to legalize a certain tax levied in the town of Limestone, Kankakee county,
Illinois, and for other purposes 277
PRIVATE LAWS.
ACADEMIES AND COLLEGES;-
AN ACT to amend "An act incorporating the University of Chicago." ^"^ ^°'*" Jl?*?""y
13, lo63. "
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the act
entitled "An act incorporating the University of Chicago,"
be amended as follows : That, in addition to the powers con-
ferred by said act, the said university have power to estab-
lish an Astronomical Observatory ; to receive donations and ^Qb^g°°°^to°*'
bequests of money and property, for the founding and main-
tenance of the same ; to provide for the management of the
said observatory, either directly by the trustees of the said
university, or by a board of directors, to be appointed by
the trustees of the said university, to whom the said trustees
may delegate the necessary powers.
§ 2. This act to be in force from and after its passage.
Approved February 13, 1863.
A BILL for An act to amend the charter of the Chicago Law Institute. In force February
*' 14, 1863.
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 granted to said institute, by its charter, Forfeiture of
the said institute shall have power, by by-law or otherwise,
—2
10 ACADEMIES AND COLLEaES.
to forfeit and declare void the share or shares of stock of
any member thereof, for the non-payment of assessments or
installments on stock; snch stock, when so forfeited, to be
held and owned as the property of the institute.
Exemption fiom § 2. When any practicing attorney owns a share or
rtock. ^ "" " shares of stock in the '' Chicago Law Institute," and does
not own any private law library, the exemption of which
private library from levy or forced sale to the extent in
value of one hundred dollars, is provided for by an act
entitled "An act concerning the exemption of personal
property from levy or forced sale on execution or other
process," approved February 22, J 861, such share or shares
of stock so owned shall be, to the extent of one hundred
dollars in value, exempt from levy and forced sale.
Approved February 14, 1863.
^"^"arri^^*^^"^^ AN ACT to authorize the trustees of the LaHarpe Academy, in the town of
' ' LaHarpe, to convey property.
Section 1 . Be it enacted ly the People of the State of
Illinois, represented in the General Asseinbly, That the pres-
ent organization of the LaHarpe Academy, in LaHarpe,
Hancock county, be and the same is hereby legalized ; and
that J. W. Nudd, Samuel White, J. W. Bray, K. B. Butler,
John Warren and O. Gochenour, the trustees of said aca-
demy, be authorized to convey to the city council of the
city of LaHarpe, lots one and six, in block one, in Goche-
nour's addition to the town of LaHarpe, for school purpo-
ses, in accordance with the terms of an agreement now sub-
sisting between said academy and said city council.
§ 2. This act shall be in force from and after its passage.
.Approved February 20, 1863.
Ib force February ^N ACT to amend an act entitled "An act to incorporate the Quincy Eng-
21, 1863. jjgjj and German Seminary, in the City of Quincy, in the county of Adams,
and State of Illinois," in force Tebiuary 5th, 1855.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the name
ohwjge of name, of the Corporation heretofore created by the act to which
this an amendment shall be and is hereby changed to the
"Quincy English and German College," with the same pow-
ers, duties, rights, liabilities and privileges, as the present
body corporate, which is known by the name of "The Presi-
ACADEMIES AND COLLEGES. 11
dent and Trustees of the Quincy English and German
Seminary," now have or are subject to.
§ 2. The said corporation, heretofore designated as "The ^/a?e plwem"""
President and Trustees of the Quincy English and German
Seminary," in the act to which this an amendment, shall
hereafter be designated as the " Quincy English and Ger-
man College," and shall hereafter sue and be sued, implead
and be impleaded, upon or for all liabilities, rights or credits,
debts, dues or demands, whether of the corporation hereto-
fore known as " The President and Trustees of the Quincy
English and German Seminary," or created by the same
corporation, by and under the corporate name now conferred
upon it, of the "Quincy English and German College," in
and by the said name of the "Quincy English and German
College;" and the title to all property, now vested in "The
President and Trustees of the Quincy English and German
Seminary," or hereafter acquired by said corporation, shall
be and stand in the name of said corporation, under its
present name of the "Quincy English and German College,"
subject to all liens, and rights of third parties, and of said
corporation, as though no change had been made in said
corporate name; and loans and securities given therefor, by
said corporation, and decrees by reason thereof, are hereby
confirmed.
§ 3. The said corporation, by and under its present cor- ^^^1^^° ^°"*''
porate name of the "Quincy English and German College,"
shall have power, by and under its corporate name, as
hereby amended, to borrow money, not exceeding the sum
of one hundred thousand dollars, and to secure the same,
by executing the notes or bonds of said corporation, and by
executing mortgages or trust deeds, or any other incum-
brances, upon the property of said corporation, real or per-
sonal, for tlie purposes of paying oif debts now existing
against the corporation created by the act to which this is
an amendment, or for any purpose required by said corpora-
tion under its name, as changed by this act, or for any other
purpose, not inconsistent with the purposes of the act to
which this is an amendment, or of this act ; and shall also
have power, by and under its corporate name, as amended
hereby, to lease the real or personal property of said corpo- Lease and saj* of
ration, or to sell the same, and by deed to convey all or any p'^p®'*^-
part of the real estate of said corporation, or to sell any or
all the personal property of said corporation, for the purpose
of paying the debts heretofore created, or which may here-
after be created under this act or the act to which this ie an
amendment, or for any purpose not inconsistent with this
act or the act to which this is an amendment,
§ 4r. Said corporation shall have a common seal, to be corporate »eai.
by said corporation adopted, with such device as to said
corporation shall be deemed proper.
12
ACADEMIES AND COLLEGES.
§ 5. This act to be in force from and after its passage,
and to be deemed and taken and received in evidence a
public act.
Approved Februar}' 21, 1863.
In force February
ei, 1363.
Preamble.
Corporators.
Style— Pbwers.
Ol^ect.
Trustees.
AN ACT to incorporate the Mattoon Female Seminary.
"Whereas there has been, for more than a year, in success-
ful operation in the city of Mattoon, Coles C(»unty, Illinois,
a female school, by the name of the "Mattoon Female
Seminary ;" therefore, for the purpose of lirmly estab-
lishing and permanently maintaining and making this a
female seminary ot the highest order, atibrding to all the
opportunity of obtaining an intellectual education in all
the substantial, reiined, polished, classical and scientilic
attainments of the present age.
Section 1. Be it enacted by the People of the State of
Jlli?iois, ^represented in the General Assembly^ That D. F.
McFarland, Alpheus Hasbrouek, William Millar, B. F. Hen-
ry, James M. Miller, Leonidas Chai)in and James Wright,
and their successors in othce, be and are hereby created a
body politic and corporate, under the name and sty'e of
" Mattoon Female Seminai-y," and by that name and style
to remain and have perpetual succession, with power to con-
tract and be contracted with, sue and be sued, plead and be
impleaded ; to hold all kinds of property, real and peisonal
and mixed, which they may acquir; by gift, grant, purchase,
donation, devise, or otherwise, necessary to accomplish the
object of the incorporation, and the same to dispose of, con-
vey, or incumber, at pleasure — in which case, all conveyan-
ces shall be signed and acknowledged by the president of
said incorporation; to have and use a common seal, and
alter the same at pleasui-e ; to make and alter such by-laws
fur the government of 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 |)owers, rights and privileges which orlier corporate
bodies may lawfully do, for the purposes mentioned in this
act.
§ 2. The objects contemplated by this act of incorpora-
tion are, to build up and maintain, in the city of Mattoon,
an institution of learning, of the highest class, for females ;
to leach and inculcate the principles of a sound iuorality,
and f >r the promotion of the arts and sciences.
§ 2k The ])orsons named in the first section, and tlieir
successors, sludl be the trustees of said institution, a nuijority
of whom, met at any time — all beins: notified of the time
ACADEMIES AND COLLEGES. 13
and place of meeting — shall be a quorum to transact busi-
ness, and shall have power to erect the necessary buildings ;
to appoint a president or principal — who shall not be re-
moved unless for immorality — professors or teachers, and
any other agents and officers ; to confer degrees in the lib-
eral arts and sciences, and to do all other things for the en-
couragement of sound christian morality and learning which
are lawfully done by the most approved and first class female
seminaries and colleges in the United States.
§ 4. The president or principal of said female seminary, PrcBident
with the 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
seminary, and together with such professors, teachers and
tutors as may be ap])ointed by said trustees, shall be entitled
and styled the '' Faculty of Mattoon Female Seminary," 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 trustees, or a maiority of them, shall have Trustees may
<J ' . 1 1 1 1 T confer degrees.
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 ; which diplomas shall also be signed by the president
or principal, and all the professors and teachers.
§ 6. The trustees aforesaid may cause to be opened capital »toek.
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 number
of shares, and may close the said books whenever, in their
judgment, a sufficient amount shall have been subscribed
for the purposes hereof; which capital stock shall be deemed
personal property, and shall be transferable by assignment
of certificate on the books of said corporation, in such man-
ner as the board of trustees shall prescribe; and lor purpo-
ses of erecting suitable buildings and endowing said institu-
tien, the trustees shall have power to issue bonds and certi-
ficates of stock, secured by mortgage upon said institution;
said bonds and certificates shall l3e in suitable sums, and of
such an amount as best to accomplish the objects for which
they shall have been issued, bearing such a rate of interest
and having such times t ' mature as the trustees shall deem
expedient ; and they shall make suitable provision for the
interest annually accruing on them. Said bonds and certi-
ficates may be redeemed at any time by the president or
principal of the institution, and become personal stock, like the
other shares of capital stock ; and for the endowment of the
14' ACADEMIES AND COLLEGES.
president or principal and teachers, the trustees may issue
and dispose of scholarships, on such terms and conditions as
may be agreed upon between them and the person or per-
sons receiving the same.
§ 7. The principal or trustees, wishing to redeem any of
said bonds or certificates before maturity, shall give three
months' notice thereof; and should the holder or holders
refuse to sell, the interest on such bonds shall cease at the
expiration of said three months.
Seminary to be § 8. The Said female seminary, in all its departments,
"eraons *'®'"*^'° shall be opcn to all persons of such age and qualifications as
shall be prescribed by the by-laws and rules of said incor-
poration, and the profession of any particular religious faith
shall not be required of those who shall apply to become
pupils ; any one, however, may be suspended or expelled
from said institution, whose habits are idle or vicious, and
who refuse to obey the rules, or whose moral character is
bad.
President. § ^- '^^^ trustees shall elect a president, who shall be
one of their number, and may also appoint a secretary and
treasurer, who may be stockholders, and require bonds, with
security, from any ofiicer or agent, conditioned for the faith-
ful performance of the duties imposed upon them by this
act of incorporation, and the regulations and by-laws made
in conformity thereto.
No. of trustees § lO. The board of trustees may be increascd to the num-
weLe(i''^or re- ^^^ ^^ tweuty-oue at any regular annual meeting of the
duced. stockholders, or reduced to five. A majority present shall
always be a quorum to do business, and in order to have
perpetual succession, shall have power to fill all vacancies
which may occur in said board, from death, resignation, or
from any other cause.
„ ^ ,, , § 11. There shall be elected annuallv, by the stockhold-
Board of trustees "-*„.,. . , ir-" I'lin
elected annual- ers ot Said mcorporatiou, a board oi trustees, which sliall
''■ consist of not less than five nor more than twenty-one stock-
holders, who shall hold their oflice until their successors are
elected and qualified. And at all elections for trustees, each
stockholder 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 of trustees shall be held at such time and
place, in June, 1SG3, and annually thereafter on the day ap-
pointed, as the corporators may direct ; and until such elec-
tion is held the above named persons shall be trustees, and
perform all the duties enjoined upon trustees by this act.
Power of trustees § 12. The board of trustccs shall havc powcr to cstablish
to establish de- ^ preparatory department, in which the common branches
partments. i i i ^ ^ i> i ^ . •
may be taught; also, a normal department, lor the training
and qualifying of teachers of common schools, and shall be
entitled to draw their proportion of the township, school,
college and seminary funds, for such as may attend the
ACADEMIES AND COLLEGES. 15
same : Provided^ such reside in the district and county where
the seminary is located.
§ 13. All property, of whatsoever kind and description, of property,
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 time — shall be free
from taxation for any or all purposes ; the amount of prop-
erty so exempt not to exceed one hundred and fifty thousand
dollars.
, § 14. This act shall be deemed to be a public act, and
shall be in full force from and after its passage.
Approved February 21, 1863.
AN ACT to incorporate the Mattoon College. In force February
21, 1863.
Wheeeas there has been, for some time, in successful ope- preamwe.
ration, in the city of Mattoon, Coles county, Illinois, a
school, for males exclusively, by the name of " Mattoon
Classical Institute ;" therefore, for the purpose of lirmly
establishing and permanently maintaining and making
this a school of the highest order, affording to all the oppor-
tunity of obtaining an intellectual education in all the sub-
stantial, refined, polished, classical and scientific attain-
ments of the present age,
Section 1. Be it enacted hy the People of the State of
Illinois^ 7'eprese7ited in the General Assemlly^ That W. S.
Robertson, D. T, Mclntyre, D. F. McFarland, T. C. Pat- corporators,
rick, Leonidas Chapin, Alpheus Hasbrouck, B. F. Henry,
"William Millar and James M. Miller, and their successors
in office, be and they are hereby created a body corporate
and politic, for the purpose of founding and maintaining, in
the city of Mattoon, Coles county, Illinois, an institution of
learning, to be styled the " Mattoon College," and by that style— powers.
name to remain in perpetual succession, with power to con-
tract and be contracted with, sue and be sued, plead and be
impleaded ; to hold all kinds of property, real, personal and
mixed, which they may acquire, by gift, grant, purchase,
donation, devise, or otherwise, necessary to accomplish the
object of the incorporation, and the same to dispose of, con-
vey, or incumber, at pleasure — in which case all conveyan-
ces shall be signed and acknowledged by the president and
secretary of said incorporation, by order of the Board of
Trustees ; to have and use a common seal, and alter the
same at pleasure ; to make and alter such by-laws, for the
government of 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,
16 ACADEMIES AND COLLEGES.
rights and privileges which other corporate bodies may law-
fully do, tor the purposes mentioned in this act.
Qjj.g^jg § 2. The objects contemplated by this act of incorpora-
tion are, to build up and maintain, in the city of Mattoon,
an institution of learning, of the highest class, for males,
where all the refined, classical, ancient and modern litera-
ture, the arts and sciences, and every other branch of learn-
ing, may be taught, which is usually taught in all first class
colleges in the Jnited States, and for the inculcation of the
principles of a sound christian morality.
S3. The i3ersons named in the first section, and their
successors, shall be the trustees of said institution, a major-
ity of whom, met at any time, after all being duly notified
of the time and place of meeting, shall be a quorum to
transact business ; and shall have power to erect the neces-
sary buildings ; to appoint a president or principal, profes-
sors and teachers, and any other agents and ofiicers ; to con-
fer 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
and first class colleges in the United States.
_ § 4. The president of said " College of Mattoon," by and
power° ^^ with the 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 in-
stitution, and, together with such professors, teachers and
tutors, as may be appointed by said trustees, shall be enti-
tled and styled the "Faculty of Mattoon 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 facult}-.
§ 5. The trustees, or a majority of them, shall have power
wnfer degre^sf to meet at such timcs as they shall deem necessary, by them-
selves or committee, for the examination of any candidates
for literary degrees ; and they are hereby empowered, 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; and such diplomas shall be signed by
the president of "Mattoon College," and by all the faculty,
by the president and secretary of the board of trustees, and
shall have affixed thereto the seal of the institute.
Number of board § 6. Tlic board may bc incrcascd to any number of trus-
may be increas- ^ecs, uot cxceediug twcnty-one, at any regular meeting of
the stockholders, or reduced to five, a majority of whom
shall be a quorum, always, to do business ; and, in order to
have perpetual succession, shall have power to fill all va-
cancies which may occur in said board, from death, resigna-
tion, or from any other cause.
Gifu, etc. § ^- If ^^y grant, gift, or devise, or bequest, shall be
made to said corporation, for particular purposes, in accord-
ACADEMIES AND COLLEGES. 17
a^ce with the design of thisiriBtitutior], and the trustees shall
accept the same, it shall be applied in conformity with the
express conditions prescribed by the grantor, devisor, or
donor.
8 8. The trustees aforesaid may cause to be opened ^o"!^*. "f »^^-
o, , . . . , . , "^ , . . . , . ^ Bcription.
books of subscription to tlie capital stock of saicl incorpora-
tion, and may fix the whole amount of the capital stock, and
may fix and limit the amount of each share and the number
©f shares, and may close the said books whenever, in their
judgment, a sufheient amount shall have been subscribed
for the purposes hereof; which capital stock shall be deemed
personal property, and shall be transferable, by assignment
of certificate, on the books of said corporation, in such man-
ner as the board of trustees shall prescribe ; and for purpo-
ses of erecting suitable buildings, and endoTving said institu-
tion, they shall have power to issue bonds and certificates of
stock, secured by mortgage upon said institution — said bonds
and certificates shall be in suitable sums and ot such an
amount as best to accomplish the objects for which they
shall have been issued, having a reasonable time given for
their redemption, and bearing such interest as may be fixed
upon by said trustees, who shall make suitable provision for
the interest falling due ; and they may issue and dispose of
scholarships, on such terms and conditions as maj^ be agreed
upon between them and the person or persons receiving the
same.
§ 9. The said ^' Mattoon College," in all its departments, coiiege open to
shall be open to all persons, of such age and qualifications ''®'''^'" pe"ons.
as shall be prescribed by the by-laws and rules of said in-
corporation ; and the profession of any particular religious
faith shall not be required of those who shall apply to be-
come pupils ; any one, however, may be suspended or ex-
pelled from said institution whose habits are idle, or vicious,
or whose moral character is bad.
§ 10. The trustees shall elect a president, who shall be officers.
one of their number, and may also appoint a secretary and
treasurer, who may be of the stockholders, and require
bonds, with security, from any officer or agent, conditioned
for the faithful performance of the duties imposed upon them
by this act of incorporation and the regulations and by-laws
niade in conformity thereto.
§ 11. There shall be elected, annually, by the stockhold- Trustess elected
ers of said incorporation, three trustees, and when the num-
ber is increased or diminished, then one-third of the whole
number, to take the place of those who go out of office, and,
annually, thereafter, under a rule, to be made by the board,
at their first meeting after the adoption of this charter ; and
at all elections for trustees, each stockholder 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 of trustees
shall be held at such time in June, 1863, and, annually,
18 ACADEMIES AND COLLEGES.
thereafter, on the appointed daj, as the corporators may
direct ; and until such election is held, the above-named per-
sons shall be trustees, and perform all the duties enjoined
upon trustees by this act.
Board to estab- | 12, The board of trustees shall have power to estab-
me^nts. ^^^'^'' lisli Separate departments, as preparatory, in which the com-
mon branches may be taught ; also, an agricultural and sci-
entific department, for the advancement of agriculture and
science ; also, a normal department, or teachers' institute,
for the training and qualifying uf teachers of common schools;
also, a commercial and law departments. And when such
common school department shall be in operation, agreeably
to the common school laws of this State, the trustees shall
be entitled to draw their proportion of the township, school
and State funds, for such scholars as may attend the same ;
Brovided^ such scholars reside in the district where the col-
lege is located ; also, the trustees shall be entitled to draw
their proportion of all college and seminary funds and ap-
propriations of Congress and the Legislature, for similar
schools and colleges.
Of property. § 13. All property, of whatever kind or description,
belonging to or owned by said corporation, or held in trust
by any person or persons, for the use thereof^ wliether said
property be held in fee or for a limited duration, shall be
free from taxation, for any or all purposes, to the amount of
one hundred thousand dollars.
§ 14. This act shall be deemed to be a public act, and
shall be in full force from and after its passage.
Approved Februry 21, 1863.
1° ^°«e JunelS, _^X ^qj ^^ incorporate the Illinois Female College.
1868.
Whereas, by reason of the accidental burning ot the west
wing of the building of the " Illinois Conference Female
College," the trustees became unable to meet their en-
gagements and liabilities, without a sale of the property
of the corporation ; and a sale having been made to trus-
tees, acting for a number of benevolent individuals, who
furnished the funds to make the purchase, and pay the
liabilities of the trustees and corporation, with an agree-
ment that said trustees, in whose name the purchi se was
made, shall convey the said property to a corporation, to
be held for the use and under the patronage and control
of the " Illinois Annual Conference of the Methodist
Episcopal Church," as, and for a literary institution ; and
ACADEMIES AND COLLEGES.
19
the objects of the parties interested not being attainable
nnder any general law ; therefore,
Section 1. Be it enacted hy the Peojple of the State of
Illinois, represented in the General AssemUy, That George
Rutledge, "William Thomas, William S. Prentice, Mathew
Stacy, Collin D. James, John Mathers, Hiram Buck, John
A. Chesnut, and William Bi-own, and their successors and
assigns, be and they are hereby created a body corporate
and pjolitic, by the name and style of " The Illinois Female corporate name
College , and by such name to have perpetual succession
and existence, with power to sue and be sued, to plead and
be impleaded, to take, have, hold and use property, real,
personal and mixed, by any mode of conveyance or trans-
fer, and to lease, mortgage or sell and convey the same, as
a natural person ; to make, have and use a common seal,
and the same to alter or change at pleasure ; to make and
alter by-laws, for the government of the corporation, its ofiB-
cers, agents and servants : Provided, such by-laws be not
inconsistent with the constitution and laws of the United
States or of this State.
§ 2. The objects and business of the corporation shall be
to maintain, support and govern a college, for the education
of females ; and all property and money acquired shall be
held and used solely for that purpose and not as stock for
individual benefit. The college shall remain located at
Jacksonville, and the persons named in first section here- i-^cation.
of shall be trustees until successors are appointed. The
corporation is vested with power to confer such academical
or honorary degrees as are usually conferred by similar in-
stitutions.
§ 3. The said trustees shall meet as early as practicable
after the passage of this act at the " Illinois Conference Fe-
male College," and secure a conveyance of all the property *^p°operty.''^ **'
purchased in accordance with the arrangement referred to
in the preamble to this act, and shall then proceed to ap-
point a president or principal, and all such professors, in-
structors and instructresses, and employ all such agents and
servants, as may be requisite to the objects and purposes of
the corporation.
§ 4. At the first meeting of the trustees, one of their ^thfbilrd!"' **
number shall be appointed president, who shall preside at
all meetings of the board, and who shall, on his appoint-
ment, divide the members of the board into three classes, of
equal numbers — the term of service of those composing the
first class shall expire two years thereafter ; of those com-
posing the second class, four years thereafter ; and of those
composing the third class, six years thereafter ; so that the
term of service of one-third of the board may expire, and
successors be appointed every two years.
20
ACADEMIES AND COLLEGES.
Principal
teachers.
Filling vacancies
Beal estate.
Apparatus
books.
and
until the next meeting: of
' § 5. The trustees shall have and exercise the following
powers : to appoint the president or principal of the institu-
tion, the necessary professors, teachers, instructors or in-
structresses, and fix their compensation and prescribe their
duties; to appoint a secretary and treasurer, a steward, and
all other agents or servants necessary to the transaction of
the business of the corporation and borrd, to fix their com-
pensation and prescribe their duties, and also to require
bond and security from any appointee, conditioned fur the
faithful discharge of duties; and further to dismiss or re-
move any of the aforesaid appointees at pleasure, and ap-
point or employ others in their stead; they shall also have
power to prescribe the course of study, fix the price of tui-
tion, board, rent of rooms, use of library, and other neces-
sary accommodations for the pupils,
§ 6. As the term of service of trustees expires, the re-
maining members of the board shall appoint, as successors,
such persons as may be designated by the " Illinois Annual
Conference of the Methodist Episcopal Church ;" but vacan-
cies occurring between the annual meetings of the Confer-
ence, may be filled by the board
the Conference.
§ 7. The lot of five acres of ground to be conveyed to
this corporation, on which the buildings and improvements
of the "Illinois Conference Female College" are situated,
being purchased and dedicated in perpetuity, as, and for the
use of a literary institution, it is hereby declared that the
trustees shall have no power to sell, convey or mortgage the
same, or to create or permit the existence of any liability
for or on account of which the same may be subject to sale
under any decree, judgment or process of any kind ; but
the same shall forever remain free and exempt from sale for
or on account of any indebtedness or liability created by
the trustees, or permitted by them to accrue or exist against
the corporation, anything in this act to the contrary not-
withstanding.
§ 8. The said corporation shall not have or hold more
than one hundred acres of land in perpetuity ; and if lands
exceeding that quantit}' shall be conveyed to said corpora-
tion, such excess shall be sold within five years; otherwise
such conveyance shall be void and inoperative, and the
lands shall revert or pass as though no such conveyance had
been executed.
§ 9. All money, property and etiects, received by the
trustees, shall be faithfully applied to the uses of the corpo-
ration, that is to the erection or repairing of buildings, the
purchase of furniture, books, maps, charts, globes, chemical
and philosophical apparatus, musical instruments, and to
the compensation of those in the service of the corporation:
Provided^ that in case any gift, grant, devise or bequest,
shall be made to the corporation, for particular purposes,
ACADEMIES AND COLLEGES. 21
accordant with the design of the institution, and the trustees
shall accept thereof, the money or property so accepted shall
be used and applied in conformity with the conditions pre-
scribed by the donor, grantor or devisor. The lot of land,
formerly owned by the Illinois Conference Female Acade-
my, and to be conveyed to this corporation, with the im-
provements thereon, containing about live aci es, shall be
exempt from taxation, for State, county and corporation pur-
poses, so long as the same is used for the purposes of this
corporation.
§ 10. A majority of the trustees for the time being, shall Q""*™-
constitute a quorum for the trant action of ordinary business ;
but two-thirds of the whole number must concur in the ap-
pointment, removal or dismissal of tlie president or princi-
pal of the institution. The said trustees shall also have
power, at any regular meeting, two-thirds of the whole num-
ber concurring therein, to appoint a committee of not ex-
ceedi g live members, to be styled "The Executive Com- Executive com-
mittee," and vest said committee with power to attend to ™'"^*-
and execute all the appropriate duties of the board during
intervals between the regular meetings.
§ 11. This act is hereby declared a public act, and shall
be admitted as evidence in all proceedings, judicial or other-
wise, without being specially pleaded, and shall take efi'ect
on its passage.
Appkoved June 13, 1863.
AN ACT to incorporate the Directors of the Naperville Graded School. ^^ ^"""ir/q""® ■*'
Section 1. Be it enacted hy the People of the State of
Illinois^ representel in the General Assembly^ That the ter-
ritory now composing school district number seven (7), in
township thirty-eight (38), range nine (9), in the county of
DuPage, and State of llhnois, and such territory as maybe
hereafter added thereto, as is herein provided, be and is
hereby established a district for the purpose of maintaining
a graded school, and may be known as the "Naperville
School District;" that the business of said district shall be
transacted by the present directors of said school district i>«'*ectorg.
numl^er seven, and their successors in office, to be elected as
hereinafter provided ; and that the district thus established,
together with the said school directors and their successors
in office, are hereby created a body politic and corporate, by
the name and style of the "Directors of the Naperville
Graded School," and by that name shall have perpetual
succession, with full power to sue and be sued, plead and be
impleaded, in all courts of law and chancery in this State,
22
ACADEMIES AND COLLEGES.
Corporate
ers.
Enlargement
district.
Election of direc
tors.
Baildlngs and ap
paratus.
pow- to make contracts ; to acquire, hold and convey property,
real and personal ; to have and use a common seal, and alter
the same at pleasure.
§ 2. The said district may, at any time, be enlarged by
the township trustees of the township in which it is now
situated, by adding new territory thereto from said town-
ship ; and territory may be added to said district from the
adjoining township, by the joint action of the trustees of the
township and the directors of the district to be affected
thereby : Provided^ no territory shall be added to or taken
from said district without the consent of the corporation
hereby created, to be evidenced either by an entry upon the
books of said corporation, or a separate instrument, in wri-
ting, for that purpose.
I 3. The annual election of said directors shall be held
on the first Monday in July, in each year, and shall be noti-
fied, conducted, and returns thereof made, at the same time
and in the same manner ; the term of office of said direc-
tors, and the qualification of voters at such election, shall be
the same as is or may be provided by the general school law
of this State for the election of school directors; special
elections may also be held, at any time, to fill vacancies occa-
sioned by the death, removal from the district, refusal or ina-
bility to act of any director ; such special election to be called
and notified by the remaining director or directors, by giving
notices in the same manner, and for the same length of time,
as the annual election herein provided for is called and noti-
fied; and the term of office of any director who shall be elected
to fill a vacancy shall expire at the time the term of office
would have expired the vacancy in which he is elected to fill.
§ 4. The said directors shall have power to purchase or
lease sites for school houses, with the necessary grounds
therefor; to erect, hire or purchase buildings for school pur-
poses, and keep them in repair ; to turnish schools with ne-
cessary fixtures, furniture, libraries and apparatus ; to con-
duct and maintain a graded school system in said district ;
to determine what length of time in each year schools shall
be taught in said district ; to receive scholars from without
said district, upon such terms and for such rates of tuition
as shall by said directors be fixed and established ; to rent
or lease any room or buildings belonging to said corpora-
tion, for school purposes, reserving the control thereof to
themselves ; to employ, determine the number, and fix the
compensation of teachers within said districts, and of all
other agents and servants ; to prescribe the studies to be
taught and books to be used in the schools in said district,
including maps, charts, globes and all apparatus; to supply
the insutticiency of school funds for the payment of teachers
and other school purposes and expenses, by school taxes, to
be levied and collected as hereinafter provided ; to make,
alter and establish, from time to time, all such rules, by-
ACADEMIES AND COLLEGES. Zd
laws, and regulations as shall be necessary to carry the pow-
ers herein granted into full execution, and as they may
deem proper for the management and good government of
the schools under their control ; and, in addition to the pow-
ers herein specifically enumerated, to have, use and exer-
cise all the powers now or hereafter conferred upon school
directors by the general school laws of this State.
§ 5. Said directors shall, at their first meeting after the President and of-
annual election, in each year, elect one of their number pres-
ident and another secretary ; and vacancies in either of said
offices may be filled at any meeting of said board of direc-
tors. And all the contracts, conveyances and agreements
of said corporation shall be signed by the said president
and secretary.
§ 6. The president shall be, ex officio^ treasurer of said Duties of officers.
district ; shall receive all moneys belonging thereto, keep a
just and true account thereof, and pay them out only on the
order of the board of directors, to be entered upon their
records, and shall give such bonds for the faithful discharge
of his duties as shall be required by said bond. The secre-
tary shall keep a correct record of all the proceedings of the
corporation hereby created, including all allowances of mo-
ney made by said board, and shall draw orders upon the
treasurer of said corporation in favor of all persons to whom
allowances are made, payable at the time and in the manner
directed by said board, which orders, so drawn, shall be also
signed by the remaining director, not acting as president,
and delivered to the persons entitled thereto; and all orders
for money drawn and signed in the manner aforesaid are
hereby declared legal and valid evidence of indebtedness
against said district.
§ 7. Said directors shall have power to levy, in each Taxes.
year, taxes to any amount they may deem necessary, not
exceeding two per cent., on the taxable property of said dis-
trict, both real and personal, for the purpose of paying all
the debts now due from said school district, or that they
may hereafter contract or assume, for the purpose of build-
ing, repairmg or furnishing school houses, paying teachers'
wages, purchasing school libraries or apparatus, and for any
and all necessary school purposes, authorized by this act ;
and said directors shall certify to the county clerk of said
county the amount or rate so levied, on or before the second
Monday of September in each year ; said certificate may be
in the form given in the general school law for such pur-
pose.
§ 8. The county clerk of said county shall cause all collection of
school taxes levied in said district, and certified to him, as
required by section seven of this act, to be computed and
extended upon the proper collector's book or books, in the
same manner that by the general school law of this State
he is or may be required to perform the same duty in rela-
24 ACADEMIES AND COLLEGES.
tion to school taxes; and the said county cleik shall, in the
warrant attached to any collector's book in which there
shall be crmputed any taxes belonging to said district, direct
such collector or collectors to pay to the treasurer of the cor-
poration hereby created all taxes by him collected belong-
ing to said district or corporation, after deducting the legal
compensation to which he or they may be entitled for ma-
king such collections; and the said collector or collectors
shall pay over to the treasurer of said corporation all moneys
collected by them belonging thereto ; and the said treasu-
rer shall give to said collector duplicate receipts therefor ;
and no other evidence of sach payment shall be received by
the C(ninty treasurer in his settlement with such collector.
Census of chii- § 9. It shall bc the duty of said directors to cause an
^^°' abstract to be made of the whole number of white children
under the age of twenty-one years, within said district, to-
gether with the number of acres of territory included in
said district, and also such further information as is required
in sections 3t) and 79 of the act to establish and maintain a
system of fi*ee schools, approved February 16th, 1857, which
shall be returned to the school commissioner of said county
of DuPage on or before the first Monday in October, in
each year. And the said school commissioner shall appor-
tion to said district, and pay annually, to the treasurer of
said corporation, for the exclusive use of said district, the
amount the said district is entitled to receive from the funds
that are or may be in his hands subject to distribution for
the support and benetit of schools in said county, in accord-
ance with the provisions of the free school law now or here-
after to be in force ; said apportionment to be made to the
said district by the said school couimissioner in the same
manner as if said district was a separate township of said
county. And all tines assessed by justices of the peace in
said district shall be paid over to said treasurer, on his de-
mand.
§ 10. The treasurer of the said corporation is hereby
authorized to demand and receive from the county treasurer
of said county, and from the treasurers of the township or
townships in which said district may be situated, and from
any other public ofhcer or person, any and all moneys at
any time remaining in the hands of any such officers or per-
son belonging to said district; and the receipt of the trea-
surer of said corporation shall be the only sufficient voucher
therefor.
previouB con- § H. Nothing coutaiucd in this act shall bc SO construcd
as to interfere with any contract heretofore made by the
directors of said school district for the purchase of the Na-
perville Academy property, for the use of said district; but
all contracts entered into and agreements made by said
fchool directors, in reference to the purchase of said proper-
ty, and to the employment of teachers, are hereby declared
tracts.
BENEVOLENT INSTITUTIONS. 25
to be valid and binding upon tlie corporation hereby cre-
ated,
§ 12, The general school laws of this State shall remain
and be in force in reference to the district hereby estab-
lished except so far as the same are repealed or superseded
by this act ; and all acts or pai'ts of acts conflicting with
this act are repealed, so far as they apply to said dis-
trict.
§ 13. This act shall be in force from and after its pas-
sage.
Approved June 13, 1863.
AN ACT to incorporate the Roman Catholic Asylum of the Diocese of the In force January
Catholic Bishop of Chicago. ^^' ^^^^■
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the
Catholic Bishop of Chicago, Eight Rev. James Duggan,
his Yicar General, Yery Eev, Dennis Dunne, and the pas-
tors of the several Catholic congregations of the said diocese,
ex officio, and such others as may from time to time be elec-
ted by the corporators, are hereby constituted a body corpo-
rate and politic, by the name and style of " The Eoman corporate name
Catholic Asylum of the Diocese of the Catholic Bishop of ''°'' p"'''"-
Chicago, for indigent children and adults;" and by that
name shall have perpetual succession, and shall have power
to contract and be contracted with, to sue and be sued, to
plead and be impleaded, and to do and perform all such acts
and things as are, or may become necessary, for the further-
ance of the purposes of the said corporation, as fully and
completely as a natural person might or could do ; and also
to adopt a common seal, and the same to alter and change
at pleasure.
§ 2. The object and purpose of said incorporation shall Relief of the des-
be the providing of homes for, and otherwise aiding and
relieving, destitute children and adults.
§ 3. The officers of the said corporation sliall be a presi- officers,
dent, a vice president, a treasurer and secretary, to be selec-
ted from and by the said corporators, any six of whom shall
form a quorum.
§ 4. The said corporation shall be the guardian oi all The education of
children, that by the provisions of this act shall be surren-
dered to said corporation, and it may in its discretion, inden-
ture such children to an honorable trade or employment,
but in all cases, provision shall be made in the indentures,
by which such children are bound to service, for securing
an education proper and fitting for the condition and circum-
stances in the life of such children.
—3
26 BENETOLENT INSTITUTIONS.
^drer'b' °\b^r § ^* "^^^ father or mother according to their respective
parents or oth- rights at law, Or others to whom one or the other shall have
*'*■ validly transferred such rights, shall be considered the legal
guardian for the purpose of making a surrender of a child
or children to the charge and eustody of said corporation ;
and where any judge of a court of record, a justice of the
peace, or the mayor of the city of Chicago, within said
diocese, has or may have authority to surrender any child
to any incorporation, such judge, justice of the peace, or
mayor, in case where the father is, or, if dead, was a Roman
Catholic; and, in case where the father being dead, leaving
the mother surviving him, who is, or, if dead, was a Roman
Catholic; and in case where the father has directed the
child or children to be educated in the Catholic religion ;
and, in case where the father being dead, the surviving
mother has so directed, if any such officer shall exercise
such authority, he shall make such surrender to the care
and custody of the corporation hereby created, it not refu-
sing to accept the said surrender.
The acquisition of § 6. The Said corporatiou may receive, take and hold
any gifts, devises, bequests or donations which may be made;
and may acquire in fee, or f( r any less estate, real estate or
any personal property necessary or convenient for the pro-
motion of the said object or purpose ; and all real estate or
personal property held by or for the use of said corporation,
or occupied or used by it, shall be free from taxation:
Promded^ the value of the real and personal estate so exempt
shall not exceed fifty thousand dollars.
§ 7. This act shall take effect and be in force from and
after its passage ; shall be deemed a public act, and may be
repealed or amended at any time.
Approved January 29, 1863.
property.
lu force February A BILL for An act to exempt property of the American Bible Society and
' ■ its auxiliaries and branches from taxation.
Section 1. Be it enacted hy the People of the State of
llliiiois^ re'presented in the General Assemhly, That the fol-
lowing property, which is now owned or may hereafter be
owned in this State, by the American Bible Society, organ-
ized in the city of New York, in the year 1816, or by any
of its auxiliaries or branches, shall be exempt from all taxes
whatever, to-wit: real and personal estate, not exceeding in
value fifty thousand dollars, in this State ; also, all Bibles
and Testaments, in the depositories of said society, and any
articles of personal property necessary for the prosecution
of their objects.
BENEVOLENT INSTITUTIONS. 27
§ 2. All acts or parts of acts conflicting with this are
hereby repealed.
Appkoved February 14, 1863.
AN ACT to incorporate the Springfield Home for the Friendless. in force Febmary
12, 1868.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That Eliza
Pope, Mercy Conkling, Louisa Dresser, Susan Cook,. Lydia corporators and
Williams, Elizabeth Bunn, Harriet Campbell, Ann Eastman, corporate name.
Maria Lathrop, Mary Hay, Catherine Hickox, Mary Ann
Dennis, and Elizabeth Matheny, and their associates, are
hereby constituted a body corporate and politic, by the name
and stjde of the "Springfield Home for the Friendless;"
and by that name shall have jDcrpetual succession, and shall
have power to contract and be contracted with, to sue and
be sued, to plead and be impleaded, and to do and perform
all such acts and things as are or may become necessary for
the furtherance and advancement of the purposes of said
incorporation, as fully and completely as a natural person
might or could do.
§ 2. The object and purposes of said incorporation shall Relief of the
be the relieving, aiding and providing homes for friendless ^"endless,
and indigent women and children.
§ 3. Any person may become an annual member of said
corporation who shall pay to the treasurer thereoi the sum
of one dollar annually ; and any person may become a life
member of said corporation who has paid or shall at any
one time pay to the treasurer thereof the sum of ten dollars
or more.
§ 4. The ofiicers of this corporation shall be a president, officers of corpo-
^'^ce president, secretary, treasurer and a board of female ''*''°°'
managers, not less than twelve, the number to be determined
by the members of said corporation, from time to time.
The president,- vice president, secretary, treasurer and board
of managers shall be elected, aunuallj, by the members of
said corporation, on the first Monday in each year. All of
said officers shall hold their respective offices for one year,
and until their successors are elected. In case of any Fining of vacan-
vacaiicy in either of said offices, by death, resignation or "*^'
othi-rwise, the board of managers shall have power to fill
sucii vacancy until the next annual election. The regular Annual meeting,
annual meeting of the officerti and managers of this corpo-
ration shall be on the first Monday in each year. The
president and secretary of this corporation shall be, ex officio^
president and secretary of the board of managers, and shall
be associated with said board in all matters of business per-
taining to this corporation. It shall require at least seven
of said board of managers to constitute a quorum to do Quorum.
28 BENEVOLENT INSTITUTIONS.
business. In the absence of the president, the vice presi-
dent shall ].-reside as president, and in the absence oi both,
the managers may elect a president, 'pro tern., and in the
absence of the secretary, a secretary, pro tem.^ may be
appointed.
The acquisition of § ^- The Said Corporation may receive, take and hold,
property. either by gift, purchase, devise, bequest or otherwise, any
real or personal estate, for the use of and for the advance-
ment of the purposes of said corporation, whether the same
be purchased, given, devised, bequeathed or conveyed di-
rectly to said corporation, or to any of its officers, for the
use of said corporation; and all real or personal property
held by or for the use of said corporation or occupied by it
shall be exempt from taxation, not exceeding in value twenty-
Leasing of real five thousand dollars. No real estate to which said corpo-
®^***- ration shall acquire title shall be alienated or leased for a
longer term than two years, at one time, except by a majority
vote of the managers, at an annual meeting, or at a special
meeting, to be called for that purpose, to be specified in the
notice of said meeting.
By-iawg and rules § 6. The board of managers may, at any time, appoint
such subordinate officers, agents and committees, as they
may deem necessary the more efficiently to carry out the
objects of said corporation, and they may make and enforce
such byJaws, rules and regulations as they may deem neces-
sary for the election and government of officers and members
of said corporation, and to govern the admission of appli-
cants to the "Springfield Home for the Friendless;" alo,
for the government, discipline and disposal of tht!se that may
be received as inmates, and for the conducting and man-
aging the general business of said corporation.
Surrender of chii- § 7. The board of managers of said corporation shall
poratton^* '^°' ^6 the legal guardians of all children that, by the provisions
of this act, shall be surrendered to the sidd corporation, and
they may, in their discretion, indenture such children to an
honorable trade or employment, but in all cases provisions
shall be made in the indenture by which said children are
bound to service for securing an education proper and fitting
for the condition and circumstances in life of such children.
When mother to § 8. Ill case of the death or legal incapacity of a father,
beagnardian. qj. Jj^ q^^q ^f |^jg abandoning or neglecting to provide for his
children, the mother shall be considered their legal guardian
for the purpose of making a surrender of them to the charge
and custody of this corporation; and in all cases when the
person or persons legally authorized to act as the guardian
or guardians of any child are not known, the mayor of the
city of Springfield may, in his discretion, surrender such
child to said corporation,
aurrenderofchii- § 9. In case it shall be shown to any judge of a court
drenbyjudgeor of record, Or to the mayor, or to any justice of the peace,
within the city of Springfield, that the father of any child
BENEVOLENT INSTITUTIONS. 29
is dead, or has abandoned his family, or is imprisoned for
crime, and the mother of such child is a habitual drunkard,
or is imprisoned for crime, or is an inmate of a house of
ill-fame, or if the mother of such child is dead, imprisoned
for crime, or has abandoned her family, and the father of
such child is a habitual drunkard and an unsuitable person
to have the care of such child; or that the parents of any
child have abandoned or neglected to provide for it, then
such judge, mayor, or justice of the peace may, if he thinks
the welfare of the child requires it, surrender such child to
said corporation.
§ 10. Whenever complaint shall be made to the judge
of any court of record, or to the mayor, or to any justice of
the peace of the city of Springfield, that any girl under the
age of fourteen years, or any boy, under the age of twelve
years, is abandoned by oris sustaining relations to its parents
or guardians, mentioned or contemplated in section nine of
this act, it shall be the duty of such judge, mayor, or justice,
to issue a warrant for the arrest of such child and its pa-
rents (if any it may have in Springfield); and if, on testi-
mony satisfactory to said judge, mayor, or justice, it shall ap-
pear that such child has no parents, or is abandoned by its
parents or guardians, or is sustaining relations to its parent,
parents or guardians, contemplated in section nine of this
act, the said judge, mayor, or justice, may, if he believes
the best interests of such child require it, surrender such
child to the care of said corporation.
§ 11. The Hon. Samuel H. Treat shall be the first presi- rirst officers and
dent; George Passfield, sr., the first vice president; George gerJ. ° ™*"^'
Bowen, the first secretary ; Jacob Bunn, the first treasurer,
and Eliza Pope, Mercy Conklin, Louisa Dresser, Susan Cook,
Lydia Williams, Elizabeth Bunn, Harriet Campbell, Ann
Eastman, Maria Lathrop, Mary Hay, Catherine Hickox,
Mary Ann Dennis, and Elizabeth Matheny, shall constitute
the first board of managers by virtue of this act ; and shall
hold their offices until the first Monday in January, 1864,
and until their successors are elected.
§ 12. This act shall take efi'ect and be in force from and
after its passage, and may be repealed or amended at any
time.
Approved February 12, 1863.
AN ACT to amend an aet entitled "An act to incorporate the Firemen's In force Pebruaiy
Benevolent Association," and for other purposes. ^8, 186«.
Section 1. JBe it enacted hy the People of the State of
Illinois, represented in the General Assembly, That John
T. Edwards, Henry Greenebaum, Frederick Letz, John L.
AdDual election.
30 BENEVOLENT INSTITUTIONS.
Gerber, Augustus H. Burley, Anton Berg, Charles N. Hol-
den, Edward Mendson, Silas McBride, Thomas Buckley,
Darius Knights, Charles G. Peck, James H. Eees, Uriah
P. Haines, George F. Foster, Peter Gleason, C. P. Bradley,
Stephen F. Gale, H. G. Loomis and Philip Conley and their
Corporate name >• . ,,.' , , .-^ . \ -, • j. ^
and powers. successors in omce, are hereby constituted and appointed a
"Board of Trustees of the Firemen's Benevolent Association
of the city of Chicago," and are hereby vested with all the
powers and authority of the board of directors of said associa-
tion, and shall have the exdusive control of all the funds and
property of said association, subject to all the conditions of
the act to which this is an amendment; said above men-
tioned trustees to be divided into live classes of four each,
to be determined by lot by said board of trustees, and to
hold their office for one, two, three, four and five years,
respectively, in the order of their class, and until their suc-
cessors are elected ; the vacancies thus created, and all other
vacancies which may occur, by death, resignation, or re-
moval from Cook county, shall be filled by and from the
life members of this association, at an annual election to be
holden on the second Tuesday in May of each year, after
the year eighteen hundred and sixty-three, at such place and
hour as the said board of trustees m»y designate, by ten
days' public notice, published in two or more daily news-
papers in said city of Chicago.
Repeal of former §2. Scctious six, scvcn, eight, nine and ten, of the act
to which this is an amendment, are liereby repealed ; but
no penalty or forfeiture heretofore incurred shall in any way
be afi'ected by said repeal.
Organization. g g^ The board of trustees created by this act shall, with-
in three months after the passage of this act, meet at some
place in the city of Chicago, and organize, bjfc electing from
their members a president, one vice-president, a secretary
and treasurer, who shall continue in office during the plea-
sure of the board of trustees. Said board of trustees shall
have authority to make such rules and by-laws as they may
deem necessary for their own government.
Permanent fund, g 4_ The boai'd of trustecs shall make the sum of forty
thousand dollars, (40,000,) if there be that amount in the
hands of said association— if not, then they shall make the
sum of thirty-six thousand dollars a permanent fund, the
annual interest of which shall be applied : First: To the re-
lief of distressed, sick, injured or disabled members and
their immediate families, and the clothing wid education of
the orphans or half orphans of indigent deceased members
of said association; also, to provide a suitable burial and
burial place for indigent members and their immediate fam-
ilies. Second: Any surplus interest, as aforesaid, after pro-
viding for the objects afore-named, and paying the neces-
sary expenses of the said trust, shall be annually equally-
divided and paid, one equal one-quarter to the city of Chi-
aet.
Relief of sick.
BENEVOLENT INSTITUTIONS. 3X-
cago, wheii tlie said city by its authorities, shall have erect-
ed a good and sufficient fire alarm telegraph, costing not less ^'"^^ ^^^^ *®'®^
than twenty-five thousand dollars, ($25,000,) to Le paid so
long, and no longer, than the said fire alarm telegraph shall
be kept in good working order and operated by said city ;
one equal one-quarter of said surplus intwest to the Chicago
Orphan Asylum, (Protestant ;) one equal one-quarter of
said surplus interest to tlie Catholic Orphan Asylum ; one
equal one-quai"ter of said surplus interest to the ''Home of ^ope of the
J. .^ ± 1- iriGnQl6SS.
the Friendless ; '' all of Chicago. The Orphan Asylum
and Home of the Friendless, herein niamed, shall have and
receive each one equal one-third part of said surplus inter-
est, until the a-^oresaid city of Chicago shall complete said
fire alarm telegraph.
§ 5. Any surplus on hand at the time of the passage of Contingent fund,
this act, or that may hereafter accrue, otherwise than by in-
terest, over and above forty thousand dollars, shall be held
as a contingent fund, to be used by said board of trustees,
for such purposes as they may deem necessary.
§ 6. If the expenditures necessary for the care, relief or Maysuspendpay
burial of the aforesaid members, or their immediale fami- °^^^'
lies, shall, at any time, exceed the annual interest, and en-
croach upon the aforesaid principal sum, then, and in that
case, the payments to the said city of Chicago, the Orphan
Asylum, and the Home of the Friendless shall be suspend-
ed until the accretions, from interest or other sources, shall
make the aforesaid principal sum up to its original amount.
§ 7. The said board of trustees may require of the dif- Annual report.
ferent institutions, a full report annually, of the ways and
means in and by which said moneys have been expended.
§ 8. That all aots and parts of acts which conflict with
this act be and the same are hereby repealed.
§ 9. This act shall be deemed a public act, and shall take
eff'ect from and after its passage, and after the acceptance
of these trusts by the said board of trustees.
Approved February 13, 1863.
AN ACT to incorporate the United Sons of Erin Benevolent Society of the In force February
city of Chicago. ^^' ^^^^•
Section 1. £e it enacted hy tJie People of the State of
Illinois^ represented in the General Assernbly, That John Co-
misky, Kedmond Sheridan, James McGrath, Lawrence H.
O'Connor, Thomas McAnery and their associates, are hereby
constituted a body corporate and politic, by the name and
style of the "United Sons of Erin Benevolent Society of the corporate name-
city of Chicago ;" and by that name shall have perpetual sue-
BENEVOLENT INSTITUTIONS.
May recei7e pro-
perty.
cession, and shall have power to contract and be contracted
with, to sue and be sued, to plead and be impleaded, and to
do and perform all such acts and things as are or may be-
come necessary for the furtherance and advancement oi' the
purposes of said corporation, as fully and completely as nat-
ural persons might or could do,
§ 2. The object and purposes of said corporation shall
be to extend relief and aid to its members, in case of sick-
ness or infirmity, and to bury deceased members.
§ 3. The said corporation may receive, take and hold,
either by gift, purchase, devise, bequest, or otherwise, any
real or personal estate, for the use of and for the advance-
ment of the purposes of said corporation ; and may rent,
lease, sell, convey, or in any wise dispose of the same, ac-
cording to the by-laws of said corporation : Providing, such
real and personal property shall not exceed in value twenty-
five thousand dollars.
^ § 4. The officers of said corporation shall be a president,
vice-president, recording secretary, corresponding secretary,
and treasurer, who shall compose a board of trustees, to be
elected annually, and by ballot. The said election shall
take place on the second Friday in May, in each and every
year, and the officers elect shall take their places at the first
regular me'eting; and the persons in the first section of this
act mentioned shall compose the first board of trustees, and
shall continue in office until the second Friday in May,
one thousand eight hundred and sixty-three, and until their
successors are elected and qualified ; and in case of any va-
cancy in either of said offices by death, resignalion or
otherwise, the board of trustees shall have power to till such
vacancy until the next annual election ; and it shall re-
quire a majority of said board to constitute a quorum for
the transaction of business.
§ 5. To qualify persons to become members of the said
corporation, they shall be citizens of the United States of
America, or at least have declared their intention to be-
come such, of good moral character; under the age of forty-
five years, and laboring under no bodily disease calculated
to shorten life. A resident of Chicago, having the above
qualifications, may become a member, by the payment of
such sum as may be prescribed by the by-laws of said cor-
poration,
§ 6, Said corporation is hereby authorized to establish
such rules, regulations and by-laws, for the management of
their business, as they may deem proper, and repeal and
alter the same at pleasure.
§ 7. This act shall take efi^ect and be in force from and
after its passage.
Appkoved February 13, 1863.
BENEVOLENT INSTITUTIONS. 33
AN ACT to incorporate the Grand Lodge of the Stcite of Illinois of the In force February
Independent Order of the Sons of Herman. •
Section 1. Beit enacted hy the Pecyple of the State of
Illinois^ rejpresented in the General Assemhlj, That George
Oertel, Ludwig Jnergens, John Keller, Fred. Grothe, Ths. corporators.
Birchmeyer and Fred. Feder, the present officers in the
Grand Lodge of the State of Illinois of the Independent
Order of the Sons of Herman, and their successors, be and
they are hereby declared to be a community, corporation
and body politic, by the name and style of the " Grand ^*y^^-
Lodge of the State of Illinois of the Independent Order of
the Sons of Herman ;" and by that name they and their
successors may hold and acquire property, real and personal ;
also, devises or bequests of any person or persons, bodies
corporate or politic; be capable of making the same at their
pleasure ; to transfer or dispose of in such manner as they
see proper : Provided, always, that the said corporation or
body politic shall not, at any time, hold or possess property,
real personal and mixed, exceeding in actual value the sum
of twenty thousand dollars.
§ 2. That the said corporation, and their successors, by corporate power,
the name, style and title aforesaid, shall be forever thereaf-
ter capable, in law and equity, to sue and be sued, plead,
and be impleaded, answer and be answered unto, defend
and be defended, in all and any courts of justice, and before
all and any judge, officer or persons whatsoever, in all and
singular actions, matters or demands whatsoever.
§ 3. That it shall and may be lawful for the said corpo- seai.
ration to have a common seal, for their use, and the same,
at their will and pleasure, to change, alter and make anew,
from time to time, as they may think best ; and shall, in
general, have and exercise all such rights, privileges and
immunities, as by law are incident or necessary to the cor-
poration herein constituted.
§ 4. That the subordinate lodges, which are now belong- of ^ subordinate
ing to, and which may hereafter be instituted by the said
corporation and their successors, by the name and number
of their respective encampments of the Independent Order
of the yons of Herman in the State of Illinois, shall be de-
clared to be a community, corporation and body politic, and
to be at all times hereafter capable in law to have, receive
and retain to them and their successors, property, real and
personal ; also, devises or bequests, of any person or per-
sons, body corporate or politic, capable of making the
same, and the same at their pleasure to transfer or dispose of
in such manner as they may think proper : Provided, always^
that either of the said subordinate encampments or lodges
shall not, at any time, hold or possess property real and
mixed, exceeding in actual value, the sum of ten thousand
dollars.
34
Seal.
BENEVOLENT INSTITUTIONS.
§ 5. That it shall and raaj be lawful for either and all of
said subordinate lodges to have a common seal, for their use,
and the same at their will and j^leasure, to change, alter and
make anew, from time to time, as they may think best ; and
shall, in general, have and exercise all such rights and priv-
ileges and immunities as by law are incident or necessary
to corporations, and what may be necessary to the corpora-
tions herein constituted.
§ 6. This a«t shall take effect from and after its passage.
Approved February 21, 1863.
In force June 13,
1863.
Corporators.
Style.
Object.
M embership.
Officers.
AN ACT to incorporate the Chicago Ministry at Large.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General A&senibly, That Jona-
than Burr, Charles B. Thomas, Jerome Beecher, Elisha W.
"Willard, Alpheus C. Badger, Josiah L. James, Edward K.
Rogers, Charles H. S. Mixer, Amory Bigelow, Murry JSi el-
son, Frederick P. Fisher, and their associates, are hereby
constituted a body corporate and politic, by the name and
style of the " Chicago Ministry at Large," and by that name
shall have perpetual succession, and shall have power to
contract and be contracted with, to sue and be sued, to plead
and be impleaded, and to do and perform all such acts and
things as are, or may be, or become, necessary for the fur-
therance and advancement of the purposes of said incorpor-
ation, as fully and completely as a natural person might or
could do.
§ 2. The object and purposes of said incorporation shall
be the relieving, care, culture, education and guardianship
of destitute and neglected children, furnishing suitable and
proper homes and employment for the same, and the relief
of persons in indigent and needy circumstances.
§ 3. Any person may become an annual member of said
corporation, by paying to the treasurer thereof the sum of
five dollars, annually ; and any person may become a life
member thereof, by paying to the treasurer, at any one time,
the sum of fifty dollars or more.
§ 4. The officers of said corporation shall be a president,
vice-president, secretary, treasurer, and a board of mana-
gers, not less than five in number, the number to be deter-
mined, from time to time, by the members of the corporation.
The officers of said corporation shall be elected annually, on
the second Monday of January, in each year, and shall hold
their respective offices one year, and until their successors
are elected. And in case a vacancy occurs in any of said
offices, in any manner, the board of managers shall have the
BENEVOLENT INSTITUTIONS.
^6
power to fill such vacancy until the next annual meeting.
The president, vice-president, secretary and treasurer, shall
be ex officio members of the board of managers ; and the
presidont and secretary shall be, respectively, president and
secretary of saiu board of managers, five of whom shall con-
stitute a quorum for business.
§ 5, The said corporation may receive, take and hold, corporate pow-
either by gift, purchase^ devise, bequest or otherwise, any
real or personal estate, for the use and for the advancement
of the objects and purposes of said corporation, whether the
same be purchased, given, devised, bequeathed or conveyed
directly to said corporation, or to any of its officers, for the
use of said corporation : and all real or personal estate, so
held or owned by, or for the use of, said corporation, shall
be exempt from all taxation. No real estate, so held or Eeai estate ex-
owned by or for the use of said corporation, shall be aliena- tbn*
ted, or leased for a longer term than two years, at any one
time, except by a vote of the majority of the members
of sail corporation, at an annual meeting thereof, or at
a special meeting thereof, to be called for that purpose,
in the notice of which shall be stated the purpose ar-d object
for which said special meeting is called.
5 6. The board of manacr'ers may. at any time, appoint Powers and du-
•>, , . ,,, f^ ^ '' ■ ., , l\, ties of board of
such subordmate oihcers, agents ano committees as tney may managers.
deem necessary, to carry out and effect the objects of said
corporation ; they may make and enforce such rules, regula-
tions and by-laws as they may deem necessary for the elec-
tiom and government of members and officers of said cor-
poration; for regulating and governing the admission of
children to the care, culture and guardianship of said cor-
poration ; for regulating [and] governing the charities and
charitable disbursements thereof; and for the government,
management and discipline and disposal of the children
which may from time to time, as herein provided, be surren-
dered to said corporation ; and also for regulating, conduct-
ing and managing the general business of the said corpora-
tion : Provided, the same are not inconsistent herewith or
with the laws of this State.
§ Y. In case of the death or incapacityjof the father, or of ^l^l^^^^^J"^^
his abandoning, or neglecting to provide for his family, the
mother shall, tor the purposes of this act, be and be deemed
the legal guardian of her children ; and in cases where it is
■ not known that there is any person, within this Sta^e, le-
gally authorized to act as the guardian of any destitute
or neglected child, the mayor of the city of Chicago shall,
ex officio, for the purpose of this act, be and be deemed the
legal guardian of such child; and any person, who, by the
provisions of this act, is declared to be the guardian of any
neglected, destitute or needy child, or who is in fact such
guardian, whether the father, the mother, or other legal
guardian, or the mayor of said city, may, in writing, surren-
36
BENEVOLENT INSTITUTIONS.
certain
gencies,
der such child, and the care, custody and control thereof, to
this corporation ; and the surrender, so made, shall be
deemed a legal surrender, for the purposes and within the
true intent and meaning hereof, and shall vest in the board
of managers of this corporation the legal and exclusive guar-
dianship and control of any child so surrendered.
Custody of desti- § §• If it shall be shown, upon complaint made to any
surrendered '^^toJ^^^S^ of any court ofrccord in Cook county, that the father
corporation in of any child is dead, or has abandoned his family, or ceased
con m- ^^ properly provide for the same, or is imprisoned for crime,
and that the mother of such child is a habitual drunkard, or
is imprisoned for crime, or is an inmate of a house of ill-
fame, or a frequenter of such places ; or if the mother of
such child is dead, imprisoned for crime, or has abandoned
her family, and the father of such child is a habitual drunk-
ard, or an unsuitable person to have the care, custody and
control of such child ; or that the parents of any child have
abandoned, or neglected to provide for it, then and in either
of such cases, the said judge may, if he thinks the welfare
of such child will be promoted thereby, by an order, to be
duly entered of record, in his court, surrender such child to
said corporation ; and such order, so made and entered, shall
vest in the board of managers of said corporation, if they
elect to accept the same, the legal and exclusive guardian-
ship and control of such child,
of § 9. Whenever complaint shall be made to any judge
^y of any court of record in Cook county, that any girl, under
the age of fourteen years, or any boy, under the age of
twelve years, is abandoned by its parents or guardian, or
that the parents of any such boy or girl sustain the relations
to them mentioned or contemplated in the preceding sec-
tion, it shall be the duty of such judge to issue a warrant
for the arrest of such child and of its parents or guardians
(if any it may have, residing in the city of Chicago,) return-
able before said judge ; and if upon the hearing upon said
complaint, it shall appear to said judge that such child
has no parents, or is abandoned by its parents or guardian,
or that any of the causes authorizing the surrender of such
child to said corporation, which are specified in the prece-
ding section, exist, then the said judge, in either of said
cases, may, if he thinks the welfare of such child will be
promoted thereby, make the order of surrender provided
for in the preceding section, in the manner and with the
efiect therein provided and set forth.
§ 10. The board of managers ot said corporation, as the
legal guardians of the children surrendered to said corpor-
ation in any of the ways in this act provided, may in their
discretion, indenture said children to an honorable and suit-
able trade or employment, or, without indenture, may find
and provide for them or any of them, suitable and proper
homes and employment ; but in all cases provision shall be
Surrender
children
judge.
Children may be
indentured.
BENEVOLENT INSTITUTIONS. g.^
made in the indenture by which any of such children may be
bound to service, or in any arrangement or agree inent in
and by which any of such children may be provided with
homes or employment, for securing to such children an ed-
ucation proper and fitting for the condition and circumstan-
ces in life of such children.
§ 11. Rev. Charles B. Thomas shall be the first presi- officers.
dent;Alpheus C. Badger the first vice-president ; Charles
H. S. Mixer the first secretary ; and Frederick P. Fisher
the first treasurer ; and Jonathan Burr, Josiah L. James,
Edward K. Rogers, Jerome Beecher, Amory Bigelow,
Murry Nelson and Charles W. Gray, the first b )ard of man-
agers, under and by virtue of this act, and shall hold their
ofiices respectively until the second Monday of January, a.
D., 1864, and until their successors are elected.
§ 12. This act shall take effect and be in force from and
after its passage.
Approved, June 13, 1863.
AN ACT for the relief of the City Bank of Eames, A.llen & Co. In force February
^ ' 14,1863.
Whereas the City Bank of Eames, Allen & Co., located
at Ottawa, in LaSalle county, have, in pursuance of the
act in force January 10, 1855, entitled "An act to amend
an act to establish a general system of banking, and the
act supplementary thereto," approved February 10, 1853,
filed with the Auditor certificates of their desire and inten-
tion to withdraw their bills from circulation, and are now
desirous of withdrawing and canceling said certificate,
and of resuming business, as if no such certificate had been
filed ; therefore.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assernbly, That said
City Bank of Eames, Allen & Co., be and is hereby author-
ized to withdraw and cancel said certificate, and to resume
and transact their business and conduct their affairs in every
respect as if said certificate, so filed by them, as aforesaid,
had never been made and filed with said Auditor.
§ 2. This act to take effect and be in force from and
after its passage.
Approved February 14, 1863.
38
BANKS.
In force February
21, 1863.
AN ACT to incorporate the Fulton Savings Bank.
Corporators.
Name and style
Capital stock.
Election
rectors.
May reeelre de
posits.
Trust funds, etc.
Section 1. Be it enacted l)y the Peojyle of the State of
Illinois^ represented in the General Asserahly, That Leonard
F. Ross, Alexander Hull, Levi C Howell, James B. Dodge,
William II. Cline, and such other persons as may become
stockholders in the corporation hereby created, be and are
hereby declared and constituted a body corporate, by the
name and style of the " Fulton Savings Bank ;" and may
have and use a common seal, and that said bank shall be
located at Lewistown, Fulton county, Illinois.
§ 2. The capital shall be twenty thousand dollars, and
may be increased by said corporation to any sum, not ex-
ceeding one hundred thousand dollars, shall be divided into
shares of fifty dollars each, and deemed personal property.
Each subscriber of stock shall pay, at the time of subscrib-
ing, twenty per cent, of the sum subscribed, and the re-
mainder in such sums, and in such manner^ as may be de-
termined by the directors of said corporation. The corpora-
tors mentioned in section one of this act, or a majoj-lty of
them, may open books for subscription of stock, at Lewis-
town, Fulton county, Illinois, at such time and place as they
may appoint, upon giving twenty days' notice thereof, in
some paper published in said county ; and when the sum of
five thousand dollars is subscribed, the said corporators, or
a majority of them, shall give notice of the time and place,
of di- in like manner, to the stockholders, to meet and elect five
directors, who shall hold their office until their successors
are elected under the by-laws of the corporation. The di-
rectors shall elect a president, from their number, and such
other ofiicers and agents as they may deem necessary ; and
shall have power to fill any vacancy in their number. At
each meeting of the stockholders, each share of stock shall
entitle the owner thereof to cast one vote, in person or by
proxy: .Provided., that the amount due the corporation on
such shares of stock so proposed to be represented, shall
have been paid at or before the time of such meeting.
§ 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, subscribe for stock and deposit money with said cor-
poration, and receive certificates of stock and of deposits, in
their own names ; which stock and deposits shall be subject
to their disposal and 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
exceeding that allowed by law, shall be paid for such de-
posits.
§ 4. The said corporation may accept and execute all
such trusts, whether fiduciary or otherwise, as may be com-
mitted to it by any person or persons, or by the order of
BAJ!fKS.
any court tribunal in the State of Illinois ; may make such
special regulations, in reference to trust funds, deposits or
savings, as shall best aid the depositors and parties inter-
ested, 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 com-
mercial obligations : Provided, the same shall not be in the
similitude of bank notes, or other evidences of debt, to cir-
culate as money. The said corporation shall have power to May receive de-
loan and borrow money, to receive money on deposit and money!^'"^ '"^^
pay interest therefor, and to Loan money at any rate of in-
terest, not exceeding ten per cent, per annum, or to dis-
count, in accordance with bank usage, and take such security
as the directors may see proper; may take stock in other
corporations ; may buy and sell exchange, bills, notes, bonds
and other securities or evidences of debt ; and may have
and hold coin and bullion.
§ 5. The business of said corporation shall be conducted duties of officers.
by the directors, and in such manner as they may determine
by their by-laws and ordinances. Three of the directors,
one of whom shall be the president, or vice president, shall
be a quorum for the transaction of business of every kind.
The officers of the company shall perform such duties as
may be enjoined upon them by the board of directors, and
such as are usual in such cor^Dorations.
§ 6. The said corporation shall have power to purchase ^p^ohasl"" "nd
and hold such real and personal estate as may be convenient ^°^ ""eai and
for the transaction of its business ; to take and hold any real
or personal estate as security for the payment of loans or
debts due or to become due to said corporation, and to pur-
chase real and personal estate, at any sale, to enforce its se-
curities or the payment of debts due, made by virtue of any
process, mortgage or deed of trust, or other instrument, 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 may determine.
§ 7. If at any time the capital of the corporation shall YtySckSd-
be insufficient to paj'- all claims of depositors and other era.
creditors, all the stockholders shall be severally individually
liable to an amount equal to the amount of stock held by
them, respectively, and such liability shall continue for one
year after the sale and transfer of any such stock by any
stockholder, but only for debts contracted during the time
of being such stockholder ; and no suit shall be brought,
unless the same is commenced within one _year from the
time he or they shall cease to be such stockholder: Provided,
that the time that any suit is pending against the corpora-
tion, for the same cause of action, shall be deducted from
the said term of one year.
40 BANKS — CITIES.
Stocks forfeited, § 8. In casG any stockholder shall fail to pay any in-
^*c- stallnient for thirty days, after a call therefor, the directors
may declare the stock forfeited to the corporation, together
with the sums already paid thereon ; or may, at their option,
sue for and recover the entire amount ot subscription re-
maining unpaid.
Individual liabii- § ^' That the stockholders of this corporation shall be
ity of stockhoid- individually liable for all the debts and liabilities of the cor-
vi^on!^ ^"^ ^^°' poration contracted or incurred during the time they are
stockholders, and one or more of whom may be sued for
such debts or liabilities.
§ 10. That unless the corporation hereby created shall
become organized within one year from the date of the
passage of this act, the provisions of this act shall cease and
become void ; and the fact of such organization shall be
evidenced by a certificate thereof, made by at least two
members of such corporation, under their respective oaths,
and filed in the office of the Secretary of this State, within
sixty days from the date of such organization.
Book for record § H- That Said Corporation shall keep a book at their
and transfer of place of doiug busiucss, which shall be open at all times,
during business hours, for the inspection of all persons ;
wherein shall be recorded all stocks or shares issued "by- said
corporation, and all transfers thereof; and no transfer shall
be valid unless so recorded.
§ 12. This act shall take effect from and after its passage,
and shall be liberally construed for all purposes herein con-
templated.
Approved February 21, 1863.
In force February _A.N ACT to reduce the Charter of the City of Chicago and the several acts
io, Mvo. amendatory thereof into one act, and to revise the same.
J^e it enacted hy the People of the State of Illinois^ repre-
sented in the General Assembly —
CHAPTER I.
CITY AND WARD BOUNDARIES.
§ 1. The inhabitants of all that district of country, in
the county of Cook, and State of Illinois, contained within
the limits and boundaries hereinafter prescribed, shall be a
body politic, under the name and style of the " City of Chi-
cago ;" and by that name sue and be sued, complain and
(.efend, in any court ; make and use a common seal, and
alter it at pleasure ; and take and hold, purchase, lease and
convey such real and personal or mixed estate as the pur-
CITIES. 41
poses of the corporation may require, within or without the
limits aforesaid.
§ 2. Tlie corporate limits and jurisdiction of the city of Boundaries.
Chicao-o shall embrace and include within the same all of
township thirty-nine north, range fourteen east ol the third
principal meridian, and all of sections thirty-one, thirty-two,
thirty-three, and fractional section thirty-four, in township
forty north, range fourteen east of the third principal meri-
dian ; together with so much of the waters and bed of Lake
Michigan as lies within one mile of the shore thereof and
east of the territory aforesaid.
§ 3. All that portion of the aforesaid territory lying
north of the center of the main Chicago river and east of
the center of the north branch of said river, shall constitute
the North Division of said city ; all that portion of the afore- North Division,
said territory lying south of the center of the main Chicago
river and south and east of the center of the south branch
of said river and of the Illinois and Michigan canal, shall
constitute the South Division of said city ; and all that por- south Division.
tion Ol the aforesaid territory lying west of the center of the
north and south branches of said river and of the Illinois
and Michigan canal, shall constitute the West Division of 'WesfDmsion.
said city.
§ 4. Tlie city of Chicago shall be divided into sixteen wards,
wards, as follows :
jFirst Ward. All that part of the South Division of said
city which lies south of the center of the main Chicago river
and north of the center of Monroe street, shall be denomina-
ted the first M-ard.
Second Ward. All that part of the South Division of said
city which lies south of the center of Monroe street and
north of the center of Harrison street, shall be denominated
the second ward.
Third Ward. Ail that part of the South Division of said
city which lies south of the center of Harrison street and
north of the center of Sixteenth street, shall be denominated
the third ward.
Fourth Ward. All that part of the South Division of
said city which lies south of the center of Sixteenth street
and east of the center of Clarke street and a line corres-
ponding with the center of the last named street projected
southerly to the city limits, shall be denominated the fourth
ward.
Fifth Ward. All that part of the South Division of said
city Vvdiich lies south of the center of Sixteenth street and
west of the center of Clarke street and a line corresponding
to the center of the last named street projected southerly to
the city limits, shall be denominated the hfth ward.
Sixth Ward. All that part of the West Division of said
city which lies south of the center of Yan Buren street and
east of the center of Jefferson street continued to the South
—4
42 CITIES.
Branch, of the Chicago river, shall be denominated the sixth,
ward.
Seventh Ward. All that part of the "West Division of said
city which lies south of the center of Yan Bureii street, west
of the center of Jefferson street continued to the South
Branch of the Chicago river, and east of the center of Mor-
gan street continued to the South Branch of the Chicago
river, shall be denominated the seventh ward.
Eighth Ward. All that part of the West Division of said
city which lies south of the center of Van Buren street and
west of the center of Morgan street continued to the South
Branch of the Chicago river, shall be denominated the
eighth ward.
Ninth Ward. All that part of the West Division of said
city which lies south of the center of Fourth street, west of
the center of Curtis street and Aberdeen street, and north
of the center of Van Buren street, shall be denominated the
ninth ward.
Tenth Ward. All that part of the West Division of said
city which lies south of the center of Randolph street, east
of the center of Curtis street and Aberdeen street, and north
of the center of Van Buren street, shall be denominated the
tenth ward.
Eleventh Ward. All that part of the West Division of
said city which lies south of the center of Fourth street, east
of the center of Curtis street, and north of the center of
liandolph street, shall be denominated the eleventh ward.
Twelfth Ward. All that part of the West Division of
said city which lies north of the center of Fourth street con-
tinued to the North Branch of the Chicago river, shall be
denominated the twelfth ward.
Thirteenth Ward. All that part of the North Division of
said city which lies north of the center of North avenue,
shall be denominated the thirteenth ward.
Fourteenth Ward. All that part of the North Division of
said city which lies south of the center of North avenue and
north of the center of Division street, shall be denominated
the fourteenth ward.
Fifteenth Ward. All that part of the North Division of
said city which lies south of the center of Division street,
and north of the center of Huron street continued to Lake
Michigan and to the North Branch of the Chicago river,
shall be denominated the fifteenth ward.
ISixteenth Ward. All that part of the North Division of
said city which lies south ot the center of Huron street con-
tinued to Lake Michigan and to the North Branch of the
Chicago river and north of the center of the main Chicago
river, shall be denominated the sixteenth ward.
CITIES. 43
CHAPTER II.
OFFICERS THEIR ELECTION AND APPOINTMENT.
§ 1. The municipal government of the city sliall consist °"y officers,
of a common council, composed of the mayor, and two alder-
men from each ward. The other officers of the corporation
shall be as follows : A clerk, a comptroller, a board of pub-
lic works, a city engineer, a board of police, a superinten-
dent of police, a school agent, a board of education, a super-
intendent of schools, a board of guardians of the retorm
school, a commissioner of the reform school, a counsel to the
corporation, a city attorney, a treasurer, a collector, a city
physician, a board of assessors, two or more police justices,
a clerk of the police court, one chief, and a first and second
assistant engineer of the fire department, one or more harbor
masters, one inspector of fish, three inspectors of elections
for each ward or election precinct, and as many bridge
tenders, firemen, constables, policemen, sealers of weights
and measures, inspectors, measurers, weighers, gangers,
keepers and assistants of workhouses, hospitals and bride-
well or house of correction, bellmen, and such other ofiicers
and agents as may be provided for by this act or the com-
mon council may, from time to time, direct.
§ 2. The common council may divide the wrrds of said Election districts
city into so many and such convenient election districts as
to the said common council shall seem proper. Each w^ard
or district shall constitute an election precinct, and the in-
spectors of election and the places for holding elections
therein, for city, town, county and State officers, shall be
appointed by the common council. All elections for State,
county and town officers in said wards and precincts shall
be conducted, and returns thereof made to the county or
town clerk, as provided by the law regulating State, county
and town elections. And whenever at any election it shall
appear that there have been more than six hundred votes
polled in any election precinct, it is hereby made the duty
of the common council, at least two months before the re-
currence of another election, to divide such precinct into
two or more districts and appoint places for holding elections
therein.
§ 3. The municipal election in said city shall be held on Municipal eieo-
the third Tuesday ot April in each year, at which time there
shall be elected, by the qualified voters of said city, all offi-
cers to be elected at the general municipal election. Six
days' previous public notice of said election shall be given
by the city clerk, by publication in one or more newspapers
published in said city, and no special election shall be here-
after held in said city, for the election of city officers, except
as in this act provided.
§ 4. The municipal officers, to be chosen at the annual
election, shall enter upon the duties of their respective of-
ces on the first Monday of May succeeding their election.
44
CITIES.
Officers elected § ^- The major, city attorney, treasurer, collector, clerk
by people. of the policc court, and chief and first and second assistant
engineers of the frre department, shall be elected by the
people, and shall hold their respective offices for the term
of two years, and until their successors shall be elected and
qualified. The person having the highest number of votes
cast iu the whole city for either of such offices, shall be de-
clared elected.
§ 6. At the annual municipal election the electors in
their respective ward shall vote for one alderman and one
constable, and the persons receiving the highest number of
votes oast in the ward for such offices respectively, shall be
declared elected.
Aldermen. § '^- The Several wards of the city shall be respectively
represented in the common council by two aldermen, who
shall be residents thereof, and who shall, except as herein
otherwise provided, hold their offices respectively for two
years from and after the first Monday in May next succeed-
ing their election. They shall be divided into two classes,
each class consisting of one alderman from each ward. The
seats of the first class shall be vacated at the end of the first
year and of the seconn class at the expiration of the second
year, so that one alderman from each ward may be annually
elected. In all cases where two aldermen are to be chosen
from the same ward at any annual election, the alderman
having the highest number of votes shall be declared elected
for two years, and the candidate having the next highest
number of votes, for one year; and in case of the two suc-
cessful candidates having an equal number of votes, the
term of service to which they shall be respectively entitled
shall be determined by the casting of lots in the presence of
the common council, and the result shall be entered upon
their proceedings. If any alderman remove from the ward
represented by him, or shall engage or continue in any ser-
vice, business or employment causing a continuous absence
from the city for more than four months, his office shall
thereby become vacant; and whenever any vacancy shall
occur in the office of any alderman, the common council
shall, within ten days after the happening of such vacancy,
order a new election, provided that more than six months of
the term shall then remain unexpired.
Tie votes. g 8. Whenever there shall fail to be an election of any
officer voted for by the people, in consequence of two or
more candidates receiving the highest and an eqnal number
of V (tes i'ov the same office, the election shall be determined
by the casting of lots in the presence of the common coun-
ctl, and the result shall be entered upon their proceedings.
Commissioners of § 9. Tlio boai'd of public works and the board of police
public works. ° sluiU cacli cousist of three commissioners, in addition to the
mayor, who shall be chosen by the people, one from the
north, one Irora the south and one from the west divisions
CITIES. 4'S"
of said city. The person having the highest number of
votes in the whole city for either of such offices shall be de-
clared elected. Said commissioners, when elected, shall
hold their office, the commissioner of the board of public
works for the term of six jears, and the police commissioner
for the term of three years and until the election and cpiali-
iication of their successors. The term of office of one com-
missioner of each board shall expire every year, and every
second year respectively, so that one commissioner shall be
elected to the board of police every year, and to the board
of public works every second year from the division of the
city in which the commissioner resides whose term of office
expires. Should a vacancy occur, it shall be filled by ap-
pointment by the mayor, with the advice and consent of the
common council of said city, until the next regular city elec-
tion, when the qualified voters of said city may, as in other
cases, till such vacancy by an election of a successor, who
shall hold his office for the unexpired term ; said commis-
sioners shall be elected in the same manner as is provided
for the election of general city officers, by general ticket, by
the qualified voters of the whole city ; and no person shall
be elected a commissioner of either of said boards, unless
he has been a resident of said city at least three years, and
a resident freeholder in the division of said city for which
he is elected at least one year immediately preceding his
election.
§ 10. Any commissioner of the board of public w^orks Removal from of-
or of the board of police, may at any time be removed from ^'^^■
office for any misdemeanor, malfeasance or delinquincy in
office by the judge of the circuit court of Cook county, on
charges in writing to be presented against him by the mayor
or the common coimcil. On the hearing before said judge,
witnesses may be produced and sworn both in support of
the allegations and against them. Five days' notice shall
be given to such member by service of a copy of such
charges. The judge may proceed to hear such allegations
either in term time or in vacation, and may adjourn such
hearing from time to time. No member of either of said
boards shall perform any duties as such member, while such
allega^'ions are pending against him.
§ 11. The board of education shall consist of fifteen Board ofeduca-
school inspectors, to be elected by the common council on ^^°^'
or before the first Monday of June next. The said board
shall be divided into three -classes, of five members each ;
those of the first class shall vacate their seats at the expira-
tion of the first year ; those of the second class at the expi-
ration of the second, and those of the third class at the ex-
piration of the third year; and the common council shall
annually, on or before the first Monday of June, elect five
inspectors to succeed those whose term of office expires.
46 CITIES.
The inspectors so elected shall hold their offices for three
years from the said first Monday of June.
Guardians of re- §12. The board of guardians of the reform school shall
form school, gonsist of the comptroller and six guardians, to be appointed
by the mayor, by and with the advice and consent of the
common council. Said board shall be divided into three
classes of two members each ; those of the first class shall
vacate their seats at the expiration of the first year ; those
of the second class at the expiration of the second, and those
of the third class at the expiration of the third year. There
shall be appointed annually, on or before the first Monday
of June, two guardians to succeed those whose term of office
expires. The guardians so appointed shall hold their offices
for three years from the said first Monday of June, and un-
til the appointment and and qualification of their successors.
Board of asses- § 13. The board of assessors shall consist of three asses-
sors. gQj.g^ ^Yio shall be freeholders in said city, one from each of
the three divisions of the city, who shall be appointed on
the second Monday of May in each year, or as soon there-
after as may be, and continue in office one year. The com-
mon council may increase the number of assessors so that
said board shall consist of two members from each division
of the city, if they think proper.
Election inspec- § 14:. The iuspcctors of election shall be appointed an-
'•°'"^- nually by the common council at least ten days before the
annual municipal election.
Bridge tenders, § 1^- All Gridgc-tenders, keepers and assistauts of work-
*"=• houses, bridewell or house of correction, and bellmen, shall
be appointed annually, by the mayor, and shall be remova-
ble at the pleasure of the mayor or common council.
Officers ap- § 16. AH Other oflicers mentioned in this act and not
pointed. otherwise specially provided for, shall be appointed by the
mayor, by and with the advice and consent of the common
council, biennially, on or before the second Monday of May,
or as soon thereafter as may be, and shall respectively con-
tinue in office two years from the said second Monday of
May, and until the appointment and qualification of their
successors. Officers elected or appointed to fill vacancies,
shall respectively hold for the unexpired term only, and un-
til the election or appointment and qualification of their suc-
cessors.
Removals from § 17. Evciy persou appointed to any office by the com-
mon council, or by the mayor with the advice and consent of
the common council, and every i)erson elected to any office
by the people, for whose removal from office no other pro-
vision has been specially provided by this act, may be re-
moved from such office by a vote of two-thirds of all the
aldermen authorized by law to be elected. But no officer
shall be removed except for cause, nor unless furnished with
the charges and heard in his defense, and the common coun-
cil shall have power to compel the attendance of witnesses
office.
CITIES. 47
and the production of papers when necessary for the pur-
poses of such trial, and shall proceed within ten days to
hear and determine upon the merits of the case, and if such
oihcer neglect to appear and answer to such charges, then
the common council may declare the office vacant ; and any
officer may be suspended until the disposition of charges
when preferred.
§ 18. When any vacancy shall happen by death, resig- Fining of vacant
nation, removal or otherwise, in the office of mayor, such "**'
vacancy shall be filled by a new election, and the common
council shall order a new election within ten days after the
happening of such vacancy, provided more than six months
of the term shall then remain unexpired. Any vacancy
occasioned by the death, removal, resignation or refusal to
serve of any other city officer elected by the people, or ap-
pointed by the mayor with the advice and consent of the
common council, may be filled by appointment by the may-
or, with the advice and consent of the council, except in
cases where a different provision is herein specially made
for filling such vacancy. The common council, with the
like exception, may fill any vacancy occurring in any office
to which by this act they have the power of election or ap-
pointment.
§ 19. All city officers who are required by the provis- riling of bonds.
ions of this act, or by any legal ordinance passed by the
common council, to give bonds for the faithful performance
of their official duty, shall file their bonds with the city clerk
within fifteen days after their election or appointment, and
he shall record the same, when approved, in a book kept for
that purpose. When bonds are not filed with the city clerk
within fifteen days afier the votes shall have been officially
canvassed, or after the appointment shall have been made,
the person so in default shall be deenied to have refused said
office and the same shall be filled by appointment as in other
cases. If in any case any official bond so filed shall not be
approved, the officer tiling the same shall furnish anew and
satisfactory bond within fifteen days after such disapproval,
and in case of failure so to do, he shall be deemed to have
refused said office, and the same shall be filled as above pro-
vided. No alderman or other city officer shall be taken as
surety upon any bond, note or other obligation made to the
city. No city officer required to give bond as aforesaid shall
enter upon the discharge of the duties of his office until such
bond shall have been filed and approved as by this act pro-
vided.
§ 20. All citizens of the United States qualified to vote Qualification for
at any election held under this act, shall be qualified to hold
any office created by this act, except in cases where a differ-
ent provision has been herein especially made, but no per-
son shall be eligible to any office or place under this or any
other act in relation to said city, who is now or may hereaf-
48
CITIES.
ter be a defaulter to said city, or to tlie State of Illinois, or
any county thereof; and any person shall be considered a
defaulter who has refused or neg^lected, or may hereafter
refuse or neglect, for thirty days after demand niade, to ac-
count for and pay over to the party authorized to receive
the same, any public money which may have come into his
possession. And if any person holding any such office or
place shall become a defaulter whilst in office, the office or
place shall thereupon become vacant.
Regulations for § 21. The manner of conducting and voting at elections
election!. j.^ ^^ ]^^i^ ^j^^lg^ ^j^jg ^^^ ^^^ Contesting the same, the keep-
ing of 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 hereafter be provided by law at general State elec-
tions: Provided, the council shall have power to regulate
elections. The voting shall be by ballot, and the insp^ectors
of elections shall take the same oath and shall have the same
power and authority as inspectors ot general elections. The
polls shall be open by the inspectors at eight o'clock in the
morning and kept open until seven o'clock in the evening,
and every violation of this provision shall subject the inspect-
ors so offending to a penalty of one hundred dollars. After
the closing of the polls the ballots shall be counted in the
manner required by law, and the returns shall be returned
sealed to the city clerk within three days after the election,
and. thereupon the common council shall meet and canvass
the same and declare the result of the election. It shall be
the duty of the clerk to notify all persons elected or appointed
to office, of their election or appointment, and unless such
persons shall respectively qualify within Hfteen days there-
after, the offices shall become vacant.
Qualifications of § 23. JNo pcrsou shall be entitled to vote at any election
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 the election ; he shall moreover have been
an actual resident of the ward or election precinct in which
he votes for thirty days jjrevious to the election, and if re-
quired by any person qualified to vote thereat, shall take
the following oath before he is permitted to vote : Provided^
that the voter sliall be deemed a resident of the ward in
which he is accustomed to lodge :
_ '_'I swear, (or affirm), that I am of the ago of twontv-one years, that I am a
citizen of the United Stale,-;, (or was a resident of this Stateat tlie time of the
adoption of the Constitution,) and Inive l)een a resident of this State one year,
and a resident of this city six months immediately preceding this election,
and am now and liave beuMi for thirty days last past a resident of this ward (or
election precinct) and have not voted at this election."
And if recpiired by any legal voter, such voter shall also
swear or affirm to his place of residence, specifying the par-
ticular place and house in which he resides, and stating how
lung he has there resided, and his business or employment,
and if he has not resided in such home for thirty days iin-
CITIES. 49
mediately preceding such election, he shall state where, and
in what house he has resided for the last thirty days.
No further evidence of the right to vote shall be required
in any case, at any municipal or other election.
§ 23, The persons entitled to vote at any election held
under this act, shall not be arrested on civil process within
said city upon the day on which said election is held, and
all persons illegally voting at any election under this act
shall be punishable according to the laws of this State.
CHAPTER III.
POWEKS AND DUTIES OF OFFICERS.
§ 1. Every person chosen or appointed to an executive, oflsciai oaths.
judicial, or administrative office under this act, shall before
he enters on the duties of his office, take and subscribe the
oath of office prescribed in the constitution of this State, and
file the same, duly certified by the officer before whom it
was taken, with the city clerk.
§ 2. The mayor shall preside over the meetings of the Duties of the
common council and take care that the laws of the State and ™'^y*""-
the ordinances of the city, are duly enforced, respected and
observed, and that all other executive officers of the city dis-
charge their respective duties. He shall from time to time
give the common council such information, and recommend
such measures, as he may deem advantageous to the city.
He shall have a salary of thirty-five hundred dollars per
annum in full compensation of ail official services devolved
upon him by this or any subsequent act. He shall be a
member ex officio of the board of police and of the board of
public works, and shall be clothed with all the power and
authority and be subject to all the general duties and respon-
sibilities of a commissioner of each of said boards: Provided^
Jtowever, that he shall not act as a commissioner of the board
of public works in making any special assessment tor any
public work or improvement, nor shall he be required to
give a bond to the city as a member of either of said boards.
The mayor shall likewise have power, ex officio, to admin-
ister any oath authorized to be taken by the laws of this
State.
§ 3. Every act, ordinance or resolution, passed by the Approval of or-
common council, before it shall take efiect and within five '''"aoces.
days after its passage, shall be presented, duly certified by
the city clerk, to the mayor for his approbation. If he ap-
prove, he shall sign it, if not he shall return it with his objec-
tions in writing to the city clerk, and the clerk shall submit
said objections to the common council at their next regular
meeting, who shall enter said objections upon their record
and proceed to reconsider the matter, and if, after such
—5
50 CITIES.
reconsideration, two-thirds of all the members elected shall
agree to pass the same, it shall take effect as an act or law
of the corporation. If the mayor shall not return any act,
ordinance or resolution so presented to him, within five days,
it shall take eflect in the same manner as if he had signed it.
Mayor, pro tern. § 4. lu caso of a vacaucy in the office of mayor, or of his
being unable to perform the duties of his office, by reason
of absence or sickness, the common council shall appoint by
ballot one of their number 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 of mayor until the mayor shall
resume his office, or the vacancy be filled by a new election,
§ 5. The members of the common council shall be fire
wardens and conservators of the peace, and shall be exemp-
ted from jury duty during their term of office.
City cierk'sduties § 6, The clcrk shall keep the corporate seal, and make
a record of the proceedings of the common council, at whose
meetings it shall be his duty to attend; and copies of all
papers duly filed in his office, and transcripts from the
records of the proceedings of the common council certified
by him under the corporate seal, shall be evidence in all
courts, in like manner as if the originals were produced.
He shall also have power to administer any oath authorized
to be taken by the laws of this State.
Corporation § 7. The couuscl to the corporation shall be the chief
counsel. ofiiccr of the law department of the city. He shall, with
the assistance of the city attorney, and subject to the
directions of the comptroller, conduct all the law business
of the corporation and of the departments thereof, and all
other law business in which the city shall be interested,
when so ordered by the corporation. Said officers shall
hold their office in such place as the city may provide, and,
when required, shall furnish written opinions upon subjects
submitted to them by the mayor or common council or any
other department of the municipal government. The city
attorney shall keep a docket of all the cases to which the city
may be a party in any court of record, in which ^hall be
briefly entered all steps taken in each cause, and which shall
at all times be open to the inspection of the mayor, comp-
troller or any committee of the common council. It shall
also be the duty of said officers to draft all ordinances,
bonds, contracts, leases, conveyances, and such other instru-
ments of writing as may be required by the business of the
city ; to examine and inspect tax and assessment rolls, and
all proceedings in reference to the levying and collection of
taxes and assessments; and to perform such other duties as
may be prescribed by the charter and ordinances of the
city.
Assessors' duties. | 8. The board of assessors shall perform all the duties
in relation to the assessing of property, for the purpose of
CITIES. 51
levying the taxes imposed by the common council. In the
performance of their duties they shall have the same powers
as are or may be given by law to county or town assessors,
and be subject to the same liabilities.
§ 9. It shall be the duty of the harbor master to enforce Harbor master,
all ordinances, and provisions of this act, in relation to the
harbor.
§ 10. It shall be the duty of the lish inspector to inspect Fish inspector a
all pickled or salted fresh-water fish sold or received for sale, '^"''*^'
or on consignment, in the city of Chicago. Any person or
persons bringing or causing to be brought to the city of
Chicago, for the purpose of sale, any fresh- water fish, shall
have the same duly inspected by the said inspector before
such fish shall be sold or in any way disposed of; and it
shall be the duty of every person having such fish in his
possession, for the purpose of selling or of dealing in the
same, and of every consignee having fish on consignment,
before the said fish shall be sold or in anywise disposed of,
to give notice to the inspector, and have such fish duly
inspected and branded ; and for this purpose, such person
shall arrange the packages in a convenient manner, and
have them in some suitable place. It shall be the duty of
the inspector, on due application of any person or persons
having such fish in possession, to repair to the place of
deposit of such fish, if the same shall be within the limits
of the city of Chicago, and inspect the same with as little
delay as possible. The said inspector shall procure sealed
weights, and carefully weigh all fish ofi'ered for inspection ; weighing of fish.
and to entitle said inspector to grant a certificate of due
inspection, or to brand the packages as duly inspected, he
shall first find that the contents and weights of the several
packages are as follows, viz : Each barrel shall contain 200
lbs ; each half barrel shall contain 100 lbs ; each quarter
barrel shall contain 50 lbs ; and each eighth barrel shall
contain 25 lbs. Such inspector shall, also, on branding any Branding,
packages of fish, plainly and distinctly mark on the head of
each package, in some indelible manner, the kind, quantity
and quality of fish contained in each package, respectively,
together with his name and the year and month in which
the same shall have been inspected. The inspector shall
be entitled to the following fees for the performance of his i^^sp^ctor's feei.
duties, viz : For unheading, heading, weighing, re-packing,
brining, and inspecting and branding each barrel, 20 cents;
each half barrel, 10 cents ; each quarter barrel, 5 cents ;
each extra hoop, 5 cents ; each extra head, 20 cents. The
inspector shall not put his brand upon any package of fish,
as duly inspected, unless the same be well hooped and
headed, and in all respects sufficient to retain brine, and
also be in good shipping condition. He shall keep a record
of the number of packages and sizes, and of the kinds and
qualities of fish, and for whom inspected, each year; and
52 CITIES.
Annual report, sliall mal^e E report of the same to the common council, on
the first day of January in each year. He shall keep an
office at a convenient place, on or near the Chicago river,
which shall be kept open durino; business hours, and in
which Ihe inspector shall at all times have some person,
durino; his absence, to receive orders. No person holding
the office of fish inspector for said city of Chicago, nor shall
. his employees or assistants, or either of them, buy or sell,
or deal in, or in anywise be interested, in any fish sold or
received for sale in the city of Chicago. He shall, before
entering on the discharge of the duties of his said office,
Givebond. givc bond, with two good and sufficient sureties, in the penal
sum of five thousand dollars, and running to the people of
the State of Illinois, and conditioned that he will well and
faithfully perform the duties of said office and satisfy all
damages that may legally be demanded of him by virtue of
Penalty for offl- the provisious hercof. Any fish inspector violating, refusing
ciai neglect. ^j. fg^j^jj^jg ^q comply With any of the provisions of this sec-
tion, so far as they are made incumbent upon him, shall, for
every ofiense, be liable to a fine of not less than five dollars
nor more than one hundred dollars ; which said fine may
be collected in the name and for the use of the city of Chi-
cago; and shall also be subject to immediate removal from
Assistant inspec- ofitice. Said iuspcctor shall have the right to appoint and
*°'*' remove at pleasure, ono or more assistants, who shall have
the same right to brand all packages inspected by either of
them in the name of the said inspector; but each assistant
shall have some distinctive mark, with which he shall desig-
nate each package inspected by himself, so as to indicate by
by whom the inspection was actual I3' made; and the said
inspector shall have the right to take bond, with sufficient
penalty and security, running to himself, from each of the
assistants appointed by himself, and of the same tenor, as
the bond herein required to be executed by said inspector ;
and the said, inspector shall be liable for the acts of his said
assistants, and may sue on the bonds of any of them, to
recover any damages that he may have sufiered, by reason
Collection of fees, of their misfcasauce or malfeasance. The said inspector
shall have the right to sue, in any court having jurisdiction
of the action, for his fees for services performed, either by
himself or his assistants by virtue hereof,
conetabie'sbonds § 11. Evcry pcrsou appointed or elected to the office of
and security coustablc, shall, bcforc he enters upon the duties of his office,
with two or more sureties to be approved by the common
council, execute in presence of the clerk of the city, an
instrument in writing by which such constable and securi-
ties, shall jointly and severally agree to pay to each and
every person who may be entitled thereto, all such sums of
money as the said constable may be liable to pay by reason
or on account of any summons, execution, distress warrant,
or other process which shall be delivered to him for collec-
CITIES. 53
tion. The clerk shall certify the approval of the common
council on such instrument and file the same ; and a
copy certified by the clerk, under the corporate seal, shall
be presumptive evidence, in all courts, of the execution
thereof by such constable and his sureties; and all actions
thereon shall be prosecuted within two years after the expi-
ration of the year for which the constable named therein
shall have been appointed or elected, and may be brought
in the name of the person or persons entitled to the money
colled ed by virtue of such instruments. No constable
appointed or elected under this act, shall have power to
serve any civil process out of the city limits, except in cases
of persons fleeing therefrom, and to commit on execution,
where the defendant shall have been arrested within the
city.
§ 12. The city physician shall attend and administer to city physician.
all sick persons confined in any police station-house, bride-
well, work-house, house of refuge or other city prison, and
shall attend to such other duties as may be prescribed by
the board of health or common council.
§ 13. The common council shall have power, from time Miscellaneous
to time, to require further and other duties of all ofiicers "'*^° °
whose duties are herein prescribed, and prescribe the powers
and duties of all ofiicers appointed or elected to any ofiice
under this act, whose duties are not herein specifically men-
tioned, and fix their compensation. They may also require
bonds to be given to the city of Chicago by all officers, for
the faithful performance of their duties.
§ 14. The comptroller, treasurer, collector, and school Bond of comp-
agent, shall severally, before they enter on the duties of ers.^""^"
their respective ofiices, execute a bond to the city of Chicago,
in such sum, and with such sureties, as the common council
shall approve; conditioned that they shall faithfully execute
the duties of their offices, and account for and pay over all
moneys and other property received by them ; which bonds,
with the approval of the common council, certified thereon
by the clerk, shall be filed with the clerk.
§ 15. The common council, at their annual rgieeting on city printing.
the first Monday in Ma}^, in each year, or within not to
exceed thirty days thereafter, shall designate one public
newspaper printed in said city, in which shall be published
all ordinances, and other proceedings and matters required
in any case by this act, or by the by-laws and ordinances of
the common council, to be published in the corporation
newspaper. And if the proprietors of the newspaper so
designated, shall at any time during the year suspend the
publication thereof, or decline longer to publish said pro-
ceedings, another newspaper shall be designated in its stead.
The common council may also, in its discretion, provide for
the publication of said ordinances and other proceedings, or
such portion of the same as it may think proper, in some
newspaper printed in the German language.
54: CITIES.
DeUvery of bonds § 16. If any person, having been an officer in said city,
and papers. shsM not, witbin ten days after notification and request,
deliver to his successor in office all property, papers, and
effects of every description in his possession belonging to
said city, or appertaining to the office he held, he shall for-
feit and pay for the use of the city, one hundred dollars,
besides all damages caused by his neglect or refusal so to
deliver. And tiich successor shall, and may recover posses-
sion of the books, papers and property appertaining to his
office, in the manner prescribed by the lavi^s of this State.
§ 17. All persons elected or appointed to any office
under this act may be commissioned by warrant under the
corporate seal, signed by the mayor or presiding officer of
the common council, and clerk.
Fixing of salaries. § 18. The common couucil may by ordinance, establish
salaries, as a fixed compensation for all officers of said city
whose salaries are not named herein, and may provide for
their removal from office, in case they receive or retain other
or greater fees than so paid or fixed by the corporation for
their services.
Fees belonging to § 19. All fccs, pcrquisites and emoluments of office
^^^^' whatever, by way of compensation for the performance of
any official duty or duties, are hereby expressly prohibited
to be retained by anj officer whose compensation is provided
to be paid by a salary, to be fixed by the common council
under this act; and all fees, perquisites and emoluments
whatever, received or paid, or payable, to any officer, justice
of the peace, mayor, clerk, attorney, collector, treasurer,
commissioner of public works, comptroller, or other person,
M'hose compensation is to be so paid by a fixed salary, shall
belong to, and be paid by such person or persons, into the
treasury of said city, the same as all other revenues belong-
ing thereto; and any violation of this provision shall subject
the ofiender to removal from his office, and the amount
received by him shall be recoverable by action of debt or
assumpsit, in favor of st id city.
Payments of saia- § 20. All Salaries sliall be payable monthly or quarterly
"**■ out of the appropriate fund, voted by the common council
to pay the same, upon the warrant of the comptroller, as in
other cases.
Recorder's pay. § 21. The commou couucil shall have power to pay to
the recorder of the city of Chicago, such compensation from
time to time as said council may deem proper, in addition
to the salary prescribed by law.
No compensation § 22. No member of the board of guardians of the reform
jia^ns^ndothers school. Or of the board of education,"shall receive any com-
pensation for any services he may perform, nor shall any
teacher, agent or employee of either board, sell, dispose of,
or be interested in any articles purchased, or work done, for
the school or schools. Nor shall he be interested in any
contract, loan, or anything else whereby he may receive any
CITIES. 55
commission, interest, or other profits from the fund appro-
priated to the reform school or piibHc schools, imder the
penalty of having his ofiice immediately declared vacant by
the common council.
CHAPTER IV.
THE COMMON COTHSTCIL : ITS GENEKAi POWERS AND DUTIES.
§ 1. The mayor and aldermen shall constitute the com- Meetings of the
mon council of said city. The common council shall meet '''"^"^''•
at such times and places as they shall by resolution direct.
The mayor, when present, shall preside at all meetings of
the common council, and shall have only a casting vote.
In his absence any one of the aldermen may be appointed
to preside. A majority of the persons elected as aldermen
shall constitute a quorum. Quorum.
§ 2, ISTo member of the common council shall, during compensation.
the period for which he was elected receive any compensa-
tion 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 common council, or be directly or indi-
rectly interested in any contract, the expenses or considera-
tion whereof are to be paid under any ordinance of the com-
mon council.
§ 3. The common council shall hold stated meetings, ^cfaf^eetin4^^'
and the mayor or any two aldermen may call special meet-
ings by notice to each of the members of said council, served
personally, or left at his usual place of abode. Petitions
and remonstrances may be presented to the common council,
and the council shall determine the rules of its own proceed-
ings, and be the judge of the election and qualifications of
its own members, and have power to compel the attendance
of absent members.
§ 4. All ordinances, petitions and communications to order of business
the common council shall, unless by unanimous consent, be
referred to appropriate committees, and only acted on by
the council at a subsequent meeting on the report of the
committee having the same in charge. Any report of a
committee of the council may be deferred to the next regu-
lar meeting of the same, and the publication of said report
in the corporation newspaper required, by request of any
two aldermen present.
§ 5. No vote of the common council shall be reconsid-
ered or rescinded at a special meeting unless at such special
meeting there be present as large a number of aldermen as
were present when such vote was taken.
§ 6. The common council shall have power to require <'®*='^ reports.
from any oflBcer of said city, at any time, a report in detail
of the transactions in his office, or of any other matter by
said council deemed necessary.
56
CITIES.
Appropriations.
General powers
of the council.
Wharves.
Obstructions
navigation.
Gaming.
Liquor selling.
Billiard
§ 7. Upon the passage of all orders, ordinances or reso-
lutions appropriating money, imposing taxes, or authorizing
the borrowing of money, the yeas and nays shall be entered
on the record of the common council, and a majority of the
votes of all the aldermen entitled to seats in the board shall
be necessary to their passage.
§ 8. The common council shall have, subject to the pro-
visions hereinafter contained, the general management and
control of the finances, and all the property, real, personal
and mixed, belonging to the corporation, and shall likewise
have power within the jurisdiction of the city, by ordi-
nance :
I^irsi. To lease the wharfing privileges of the river, at
the ends of streets, upon such terms and conditions as may
be usual in the leasing of other real estate, reserving such
rents as may be agreed upon, and employing such remedies
in case of non-performance of any covenants in such lease,
as are given by law in other cases. But no buildings shall
be erected thereon ; nor shall a lease for a longer period
than three years at any time be executed ; and the owner or
owners of the adjoining lot or lots shall, in all cases, have
the preference in leasing such property ; and a free passage
over the same for f 11 persons with their baggage shall be
reserved in such lease : Provided, nothing in this section
shall be so construed as to impair or prejudice, any rights
which any person may have acquired by the acceptance of
any proposition heretofore made by said city respecting the
wharfing privileges.
Second. To remove and prevent all obstructions in the
waters which are public highways in said city, and to widen,
straighten, and deepen the same.
Third. To prevent and punish forestalling and regrating
and to prevent and restain every kind of fraudulent device
and practice.
Fourth. To restrain and prohibit, all descriptions of
gaming and fraudulent devices, and all playing of dice,
cards and other games of chance, with or without betting.
Fifth. To regulate the selling, or giving away of any ar-
dent spirits b}'^ any shop keeper, trader or grocer, to be
drunk in any shop, store or grocery, outhouse, yard, garden,
or other place within the city.
Sixth, To forbid 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, guar-
dian, master or mistress.
Seventh. To license, regulate and restrain, tavern keep-
ers, grocers and keepers of ordinaries or victualing or other
houses or places, for the selling or giving away, wines and
other liquors, whether ardent, vinous or fermented.
tables, Eightli. To license, tax, regulate, suppress and prohibitj
billiard tables,
alleys.
pin alleys, nine or ten pin alleys, and ball
CITIES. ,
Ninth. To license, regulate and suppress, hackinen, dray- sackmen.
men, carters, porters, omnibus drivers, cabmen, carmen, and
all others, whether in the permanent employment of any in-
dividual, firmj or corporation, or otherwise, who may pursue
like occupations with or without vehicles, and prescribe their
compensation.
Tenth. To tax, license and regulate, auctioneers, distil- Auctioneers,
lers, brewers, and pawn-brokers, and all keepers or proprie-
tors of junk shops and places for the sale or purchase of
second-hand goods, wares, or merchandise.
Eleventh. To license, tax, regulate and suppress, hawk-
ers and pedlars.
Tioelfth. To regulate, license, suppress and prohibit, all shows.
exhibitions of common showmen, shows of every kind, con-
certs or other musical ent( rtainments, by itinerant persons
or companies, exhibitions of natural or artificial curiosities,
caravans, circuses, theatrical performances, and all other ex-
hibitions and amusements.
Thirteenth. To authorize the mayor, or other proper of-
ficer of the city, to grant and issue licenses, and direct the
manner of issuing and registering thereof, and the fees to
be paid therefor : Provided., that no license shall be granted
for more than one year: and that not more than five hun-
dred dollars, shall be required to be paid for any license
under this act, and the fee for issuing the same shall not
exceed one dollar, but no license for the sale of wines or
other liquors, ardent, vinous or fermented, at wholesale or
retail, or h^ innkeepers or others, as aforesaid, shall be less
than fifty dollars. Bond may be taken on the granting of
license for the due observance of the ordinances or regula-
tions of the common council.
Fourteenth. To prevent any riot, or noise, disturbance or
disorderly assemblage.
fifteenth. To suppress and restrain disorderly houses '''^orderly houses
and groceries, and houses of ill fame, and to authorize the
destruction and demolition of all instruments and devices
used for the purpose of gaming.
Sixteenth. To compel the owner or occupant of any gro- N"'^^'^*'®*-
eery, cellar, tallow chandler shop, soap factory, tannery, sta-
ble, barn, privy, sewer, or other unwholesome, nauseous
house or place, to cleanse, remove or abate the same, from
time time, as often as may be necessary for the health, com-
fort and convenience of the inhabitants of said city.
Seventeenth. To direct the location and management of, Breweries, &c.
and regulate and license breweries, tanneries and packing
houses, and to direct the location, management and construc-
tion of, and regulate, license, restrain, abate, and prohibit,
within the city, and the distance of four miles therefrom,
distilleries, slaughtering establishments, establishments for
steaming or rendering lard, tallow, offal and such other
substances as can or may be rendered ; and all establish-
68
CITIES,
Markets.
Powder houses.
Fast driving.
Obstructin g
streets.
Indecent expo-
8ures, &c.
Stock at large.
Dogs.
ments or places where any nauseous, offensive or unwhole-
some business may be carried on : Provided, that for the
purposes of this section the Chicago river and its branches,
to their respective sources and the land adjacent thereto, or
within one hundred rods thereof, shall be deemed to be
within the jurisdiction of the city.
Eighteenth. To establish and regulate markets and other
public buildings, and provide for their erection and determine
their location.
Nineteenth. To regulate, and license or prohibit butch-
ers, and to revoke their licenses, for malconduct in the
course of trade, and to regulate, license, and restrain the
sale of fresh meats and vegetables in the city, and restain
and punish the forestalling of poultry, fruit and eggs.
Twentieth. To direct and prohibit the location and man-
agement of houses for the storing of gun powder, or other
combustible and dangerous materials within the city.
Twenty -first. To regulate the keeping and conveying of
gun powder and other combustible and dangerous materials,
and the use of candles and lights in barns, stables and out-
houses.
Twenty-second. To prevent horse racing, immoderate
riding or driving in the streets, and to authorize persons im-
moderately riding, or driving, as aforesaid, to be stopped by
any person ; and to punish or prohibit the abuse of animals ;
to compel persons to fasten their horses, oxen, or other ani-
mals, attached to vehicles, or otherwise, while standing or
remaining in the street.
Twenty-third. To prevent the encumbering of the streets,
side walks, lanes, alleys, public grounds, wharves and docks,
with carriages, carts, sleighs, sleds, wheelbarrows, boxes,
lumber, timber, fire wood, posts, awnings, signs, or any sub-
stance or material whatever.
Tioenty -fourth. To regulate and determine the times and
places of bathing and swimming in the canals, rivers, har-
bor or other waters, in and adjoining said city, and to pre-
vent any obscene or indecent exhibition, exposure or con-
duct.
Tweoity fifth. To restrain and punish vagrants, mendi-
cants, street beggars, and prostitutes.
Twenty-sixth. To restrain, and regulate, or prohibit the
running at large of cattle, horses, mules, swine, sheep,
goats, and geese, and to authorize the distraining, impound-
ing, and sale of the same for the penalty incurred, and the
cost of the proceedings; and also to impose penalties on the
owners of any such animals, for a violation of any ordi-
nances in relation thereto.
Twenty-seventh. To prevent and regulate the running at
large of dogs, to tax, and to authorize the destruction of the
same when at large contrary to the ordinance.
CITIES.
69
Twenty-eighth. To prevent and regulate the rolling of
hoops, playing of ball, flying of kites, or any other amuse-
ment, or practice, having a tendency to annoy persons pas-
sing in the streets, or on the side walks, or to frighten teams
and horses. rantinere u-
Twenty -ninth. To make regulations to prevent the intro- lations.
duction or spread of contagious diseases into the city ; to
make quarantine laws, and enforce the same within the city,
and not to exceed fifteen miles beyond the city bounds.
Thirtieth. To control and regulate the s( reets, and alleys,
and to remove, and abate, any obstructions and encroach-
ments therein.
Thirty-first. To compel all persons to keep the snow, ice,
and dirt from the side walk, in front of the premises, owned
or occupied by them.
Thirty-second. To prevent the ringing of bells, blowing Ringing of beiis,
of horns, and bugles, crying of goods, and all other noises,
performances, and devices, tending to the collection of per-
sons, on the streets, or side walks, by auctioneers, or others,
for the purposes of business, or otherwise.
Thirty-third. To abate and remove nuisances, and pun- Nuisances.
ish the authors thereof, by penalties, fine and imprisonment,
and to define and declare what shall be deemed nuisances,
and authorize and direct the summary abatement thereof;
but nothing in this act shall be so construed as to oust any
court of jurisdiction to abate and remove nuisances, in the
streets, or any other parts of said city, or within its jurisdic-
tion, by indictment or otherwise.
Thirty-fourth. To license, regulate and restrain runners
for boats and stages, cars and public houses.
Thirty fifth. To regulate the burial of the dead, and re- Registration,
gistration of births and deaths ; to direct the returning and
keeping of bills of mortality, and to impose penalties on phy-
sicians, sextons and others, for any default in the premises.
Thirty-sixth. To regulate and prohibit the keeping of Lumber yards.
any lumber yard, and the placing, piling or selling lumber,
timber, wood or other combustible material within the fire
limits of said city.
Thirty-seventh. To regulate the measuring and inspect-
ing of lumber, shingles, timber, posts, staves and heading,
and all building materials, and appoint one or more inspect-
ors.
Thirty-eighth. To regulate the place and manner, of sell- Fish.
ing pickled and other fish.
Thirty-ninth. To regulate the weighing, and place and Hay.
manner, of selling hay ; and the cutting and sale of ice, and
to restrain the sale of such ice as is impure.
Fortieth. To regulate the measuring of wood and the '^oo'^-
weighing and selling of coal, and the place and manner of
selling the same.
60
CITIES.
Inspector of flour
and beef.
Inspector of li-
quors.
Inspectors.
Sale of bread.
Hydrants.
Forty-first. To regulate the inspection of flour, meal,
pork, beef, and other provisions, and salt to be sold in bar-
rels, hogsheads and other packages.
Forty-second. To regulate the inspection of whisky and
other liquors, to be sold in barrels, hogsheads, and other
vessels.
Forty-third. To appoint inspectors, weighers, gaugers,
and regulate their duties and prescribe their fees.
Forty-fourth. To regulate the sale of bread within said
citj, and prescribe the weight of bread in the loaf and the
quality of the same.
Forty fifth. To regulate public pumps, wells and cisterns,
hydrants and reservoirs, and to prevent the unnecessary
waste of water.
Forty-sixth. To establish and regulate public pounds.
Forty-seventh. To erect lamps, and regulate the lighting
Running of cars.
City bridewell.
City sealer.
thereof
I'orty-eighth
Forty-ninth,
Draw bridges.
To regulate and license ferries.
To regulate and prohibit the use of locomo-
tive engines within the city, and requre railroad cars to be
propelled by other power than that of steam ; to direct and
control the location of railroad tracks, and to require rail-
road companies to construct, at their own expense, such
bridges, tunnels, or other conveniences, at public railroad
crossings as the common counci] may deem necessary ; also
to regulate the running of horse-rail-way cars, the laying
down of tracks for the same, the transportation of passen-
gers thereon, and the kind of rail to be used.
Fiftieth. To erect and establish, either within or with-
out the corporate limits of the city, a bridewell or house of
correction, and purchase grounds therefor, pass all neces-
sary ordinances for the regulation thereof, and appoint
a keeper and as many assistants as may be necessary. In
the said bridewell or house of correction, shall be confined
all vagrants, stragglers, idle or disorderly persons who may
be committed thereto, by any criminal court, or magis-
trate, in and for the city, and all persons sentenced to said
bridewell or house of correction by any criminal court, or
magistrate, in and for the city, for any assault and battery,
petit larceny, or other misdemeanor punishable by imprison-
ment in any county jail ; and all persons confined therein
may be kept at labor or in solitary confinement.
Fifty-first. To require every merchant, retailer, trader,
and dealer in merchandise or property of any des.ription,
which is sold by measure or weight, to cause their weights
and measures to be sealed by the city sealer, and to be sub-
ject to his inspection ; the standard of which weights and
measures shall be conformable to those now estabhshed by
law.
Fifty-second. Exclusively to erect and construct, or per-
mit or cause, or procure to be erected and constructed, float,
CITIES. 61
pivot, or draw bridges, over the navigable waters within the
jurisdiction of said citj, and keep the same in repair : said
bridges to have draws of suitable width.
Fifiy-tfdrd. To preserve the harbor ; to prevent any use Harbor reguia-
of the same, or any act in relation thereto, inconsistent ^'°°^'
with, or detrimental to, the public health, or calculated to
render the waters of the same, or any part thereof, impure
or offensive, or tending in any degree to fill up or obstruct
the same ; to prevent and punish the casting or depositing
therein any earth, ashes, or other substance, tilth, logs, or float-
ing matter; to prevent andremoveall obstructions therein, and
punish the authors thereof ; to regulate and prescribe the
mode and speed of entering and leaving the harbor, of pass-
ing the bridges, and of coming to, and departing from, the
wharves and streets of the city, by steamboats, canal boats,
and other crafts and vessels, and the disposition of the sails,
yards, anchors, and appurtenances thereof, while entering,
leaving, or abiding in the harbor, and to regulate and pre-
scribe by such oi'dinances, or through their harbor master or
other authorized officer, such a location of every canal boat,
steamboat, or other craft, or vessel,,orfloat, and such changes
of station in, and use of, the harbor, as may be necessary
to promote order therein, and the safety and equal conveni-
ence, as near as may be, of all such boats, vessels, crafts,
and floats; and to impose penalties not exceeding one hun-
dred dollars for any offense against any such ordinance ; and
by such ordinance charge such penalties, together with such
expenses as may be incurred by the city in enforcing this
section, upon the steamboat, canal boat, or other vessel, craft,
or float. The harbor of the city shall include the piers and Boundareis of
so much of lake Michigan as lies within the distance of one ^^'■^°''"
mile into the lake, and the Chicago river and its branches
to their respective sources.
Fifty-fourth. To control, regulate, repair, amend and Repair of streets.
clear the streets and alleys, bridges, side and cross walks,
and open, widen, straighten, and vacate streets and alleys,
and establish and alter the grade thereof^ and prevent the
encumbering of the streets in any manner, and protect the
same from any encroachments and injury.
Fifty fifth. To direct and regulate the planting and pre- shade trees.
serving ornamental trees in the streets and public grounds.
Fifty-sixth. To fill up, drain, cleanse, alter, relay, repair, D'^^^s^-
and regulate any grounds, yards, barns, slips, cellars, private
sinks, and privies, direct and regulate their construction,
and cause the expenses to be collected in the manner here-
inafter provided.
Fifty-seventh. To erect and establish, one or more pest Hospitals, etc.
houses, hospitals or dispensaries, and control and regulate
the same.
Fifty-eighth. To abate all nuisances which are, or may Nuisances.
be, injurious to the public health, in any manner they may
deem expedient.
62 CITIES.
^heXh""'' °^ Fifty-ninth. To do all acts and make all regulations
which may be necessary, or expedient, for the preservation
of health and the suppression of disease.
Dead carcasses. Sixtieth. To prevent any persou from bringing, deposit-
ing, or having within the limits of said city, any dead car-
cass, or any other unwholesome substance, and to require
the removal or destruction, by any person who shall have,
place, or cause to be placed, upon, or near his premises, any
such substance, or any putrid or unsound beef, pork, or fish,
hides, or skins of any kind, and on his default, to authorize
the removal or destruction thereof by some officer of said
city.
Vagrant children Sixty-first. To authorize the taking up, and provide for
the safe keeping and education, lor such periods of time as
may be deemed expedient, of all children who are desti-
tute of proper parental care, and growing up in mendican-
cy, ignorance, idleness and vice.
House of refuge. SixtyseGoud. To Icase or purchase, improve and main-
tain suitable grounds, either within or without the corporate
limits of said city, for a house of refuge and correction, to
erect buildings thereon, and adopt such rules and regula-
tions for the government thereof and the punishment of ju-
venile offenders therein, as may from time to time be deemed
expedient.
Punishment of Sixty-tMrd. To authorizc the arrest, fine and imprison-
vagrants. mcnt in the city bridewell or house of correction, as vagrants,
of all persons, who not having visible means to maintain
themselves, are without employment, idly loitering or ram-
bling about or staying in groceries, drinking saloons, houses
of ill fame or houses of bad repute, gambling houses, rail-
road depots or fire engine houses, or who shall be found tres-
passing in the night time upon the private premises of oth-
ers, or begging, or placing themselves in the street or other
thoroughfares or public places to beg or receive alms ; also,
keepers, exhibitors or visitors at any gaming table, gambling
house, house for fortune telling, places for cock fighting, or
other places of device ; and all persons who go about for
the purpose of gaming or watch stuffing, or who shall have
in their possession any article or thing used for obtaining
money under false pretences, or who shall disturb any place
where public or private schools are held either on week day
or Sabbath, or places where religious worship is held.
Enastment and Sixty-fouHh. To make, pubHsh, ordain, amend and re-
' peal all such ordinances, by-laws and police regulations, not
contrary to the constitution of this State, for the good gov-
ernment and order of the city and the trade and commerce
thereof, as may be necessary or expedient to carry into ef-
fect the powers vested in the common council, or any officer
of said city, by this act ; and enforce observance of all rules,
ordinances, by-laws, and police and other regulations, made
in pursuance of this act, by penalties not exceeding one
enforcement of
ordinances.
CITIES. 03
hundred dollars for any offense against the same. The com-
mon council may also enforce such rules, ordinances, by-
laws, and police and other regulations, as aforesaid, by pun-
ishment of tine, or imprisonment in the county jail, bride-
well, or house of correction, or both, in the discretion of the
magistrate or court, before which conviction may be had :
Provided^ such tine shall not exceed tive hundred dollars,
nor the imprisonment six months.
§ 9. The common council is hereby authorized to pur- city cemeteries,
chase for said city such tracts of land without the city limits,
for the purpose of establishing cemeteries for the interment
of the dead therein as they may think necessary, which shall
be exempt from taxation under any law of this State ; and
they are also authorized and emjDowered to pass and enforce
such ordinances, rules and regulations with regard to the
improvement, preser't^ation, laying out, and ornamenting the
same, and the aale of burial places or lots for the interment
of the dead therein, as they may deem proper. The ground
or grounds so laid out shall be placed under the superinten- saie of iota.
deuce of the board of public works of said city, and the lots
which may be laid out and sold shall, with the appurtenances,
forever be exempt from execution and attachment. As soon
as said grounds are regulated and laid out, a map or plat
thereof shall be made out by the board of public works and
a copy thereof tiled in the comptroller's oftice, who shall
have charge of the sale and disposition of all lots therein,
under the ordinances and regulations of the common coun-
cil. The proceeds of such sales shall be paid into the city
treasury, and be credited and charged on the books of the
treasury department, to a "cemetery fund," to be kept dis- ^^^^^^^ ^^^^
tinct from all other funds of said city. The said common
council is also fully empowered and authorized to provide
for the punishment, by ordinance, of all persons who shall,
without said city limits, be guilty of any violation of the
regulations, rules and ordinances, established by said city in
relation to such cemeteries ; and such violations may be pun-
ished by tine and imprisonment, as in other cases, by any
court of competent jurisdiction within said city; and all pro-
cess issued for the arrest of any person or persons guilty of
such violation, may be executed without said city limits, by
any officer or constable thereof, the same as if such ofi'ense
had been committed within the boundaries of the corj)ora-
tion.
CHAPTER V.
THE TKEASUKT DEPARTMENT.
§ 1. There is_ hereby established an executive depart- o^^g^g ^^ jj^^
ment of the municipal government of said city, to be known treasury depart-
as the "treasury department," which shall embrace the city "'^°*'
64
CITIES.
comptroller, the city treasurer and the city collector, and all
such clerks and. assistants, including an auditor, as the com-
mon council may by ordinance, see fit to prescribe and es-
tablish.
§ 2. The said treasury department shall have control of
all the fiscal concerns of the said corporation, except as
herein otherwise provided, and shall prescribe the forms of
keeping and rendering all city accounts whatever ; and all
accounts rendered to or kept in the several departments of
the city government shall be subject to the revision and ia-
spection of the officers of this department.
City comptroller. § 3. There shall be appointed by the mayor, with the
advice and consent of the common council, some discreet
and able accountant to be styled the city comptroller, wdo
shall be chief of said treasury department, and hold his of-
fice until removed or a successor be appointed, who shall
receive such compensation for his services as may be estab-
lished by law, and who shall be removable at all times at
the pleasure of the mayor with the concurrence of the com-
mon council, and he shall give bonds with securities to the
amount of not less than one hundred thousand dollars, and
the amount of his bond may be increased to such sum as
may be fixed by the common council ; said bond to be ap-
proved by the common council, and filed in the city clerk's
oflice and entered on record. He shall also be sworn the
same as other ofiicers to the faithful discharge of the duties
of his office.
§ 4. The comptroller shall open and keep in a neat, me-
thodical manner, a complete set of books, under the direc-
tion of the mayor and finance committee of the common
council, wherein shall be stated, among other things, the ap-
propriations of the year for each distinct object and branch
of expenditure, and also the receipts from each and every
source of revenue so far as he can ascertain the same. Said
books and all papers, vouchers, contracts, bonds, receipts and
other things kept in said oflice shall be subject to the exam-
ination of the mayor, the members of the common council,
or any committee or committees thereof.
§ 5. The comptroller shall be charged with, and shall
exercise 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, choscs in action, belonging to said city, except such
as are confided by this act to the custody of the board of
public works or city clerk, and shall possess and carefully
preserve all assessment and tax warrants, except warrants
lor the collection of water rents or assessments, and the re-
turns thereof made by any collector or receiver of taxes and
Duties of comp-
troller.
Supervision of
other officers.
CITIES. 65
assessments, and all leases of markets, whai-iing privileges
and other public property of said city. He shall also have
supervision over the city debts, contracts, bonds, obligations,
loans and liabilities of the city, 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 approval
of the mayor to institute or discontinue such proceedings,
and to employ additional counsel in special cases where he
thinks the city interests require it, and generally in subordi-
nation to the mayor and common council, to exercise super-
vision over all such interests of said city as in any manner
may concern or relate to the city finances, revenues and
property.
§ 6. The comptroller shall have power to examine all ac- Administering of
counts, claims and demands for or against the city ; and no "^'^^^
money shall be drawn from the treasury, or paid by the city
to any person, except as herein otherwise provided, unless
the balance due or payable be first settled and adjusted by
the said comptroller ; 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, matter or thing concerning the cor-
rectness of any account, claim or demand presented, and
the person so sworn shall, if he swear falsely, be deemed
guilty of willful and corrupt perjury, and be subject to pun-
ishment accordingly, the same as in all other cases.
§ 7. All money found to be due and payable by the comptroller's
comptroller to any person, shall be drawn for by said comp- '^^"■'^"*'-
troller by warrant on the treasurer, which shall be counter-
signed by the mayor, stating therein the particular fund or
appropriation to which the same is chargeable and the per-
son to whom payable ; but if said comptroller should, upon
any examination of any account as aforesaid, still doubt as
to its correctness, he shall submit the same to the mayor
a-nd finance committee for their decision thereon, which de-
cision shall be binding upon the city and filed among his
other vouchers in the comptroller's otiice ; and no money
shall be drawn from the treasury, except on the warrant of
the comptroller, drawn as aforesaid.
§ 8. It shall be the duty of said comptroller as nearly as collector's war-
may be, to charge all officers in the receipt of revenues or '^°'''
moneys of the city, with the whole amount from time to
time of such receipts ; and he shall countersign all tax and
assessment warrants for the collection of revenue, issued
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, except warrants for the collection of water rents
or assejsments, charging the proper officer the amount col-
6—
66 CITIES.
lectable thereon. He shall also require of all officers in re-
ceipt of city moneys that they shall submit reports thereof,
with vouchers and receipts of payment therefor, into the
city treasuiy 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 officer shall neglect to makean ad-
justment of his accounts when so required as aforesaid, and
to pay over such moneys so received, it shall then be the
duty of the said comptroller to issue a notice in writing, di-
rected to such officer and his securities, requiring him or
them within ten days to make settlement of his said accounts
with the comptroller, and to pay over the balance of moneys
found to be due and in his hands, belonging to said city, ac-
cording to the books of said comptroller ; 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 the said comptroller to make report of
the delinquency of such officer to the mayor, who shall at
once suspend him from office ; and the mayor shall there-
upon proceed forthwith to institute the necessary proceed-
ings for the removal of such officer ; and he is hereby au-
thorized, in case of such suspension, to appoint, with the
concurrence of the common council, some other person to
exercise the functions of said office while such proceedings
are pending,
animal report § 9- Thc Comptroller shall make out an annual state-
ment for publication, in the month of April in each year,
before the annual election, giving a full and detailed state-
ment of all the receipts and expenditures during the year
ending the first day of said month. The said statement
shall also detail the liabilities and resources of said city, the
condition of all unexpended appropriations and contracts un-
fulfilled, and the balances of money then remaining in the
treasury, with all sums due and outstanding ; the names ot
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 statement, when examined and approved by
the finance committee, shall be published by him in the cor-
poration newspaper.
§ 10. The said comptroller shall, also, on or betore the
TeM!e>^tr'' fifteenth day of May in each year, before the annual appro-
priations are made by the common 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 current fiscal year, commencing on the lirst day of April;
he shall, in said report, class the difl'erent 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 ol de-
partments, their statements of the condition and expense ot
CITIES. 65^
their respective departments and offices, with any proposed
improvement and the probable expense thereof, of contracts
ah-eadj made and nntinished, and the amount of any unex-
pended appropriations of the preceding year. He shall also,
in such report, show the aggregate income of the preceding
Hscal year from all sources ; the amount of liabilities out-
standing upon which interest is to be paid, and of bonds and
city debts payable during year, when due, and where paya-
ble, so that the common council may fully understand the
money exigencies and demands of the city for the current
year.
§ 11. In addition to the other duties of the comptroller '^^ent^ ^'^**"
of said city, it is hereby made his duty on or before the
tenth day of each and every month, to make out a monthly
statement, giving a full and detailed statement of all moneys
received and from what sources, and on what account re-
ceived, and of all moneys ordered to be paid, or drawn for
by warrant by him, and on what account the same have
been paid, for the month preceding that in which such state-
ment is made, and the said comptroller shall cause the said
monthly statement to be published in the corporation news-
paper of said city, before the fifteenth day of each month,
and shall deliver a true copy of such statement to the said
common council at their next meeting.
DUTIES OF THE TREASUEEE.
§ 12. The city treasurer shall receive all moneys belong-
ing to the city, and shall keep his office in some place to be
designated by the common council, appropriated to the
keeping of such office, in the treasury department. He
shall keep his books and accounts in such manner as the
city comptroller or common council may prescribe, and such
books and accounts shall be always subject to the inspection
of said comptroller and the finance committee.
§ 13. All warrants drawn upon the treasurer must be Paying of war-
signed by the comptroller and countersigned by the mayor,
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 warrants
so drawn.
§ 14. He shall keep a separate account c»f each fund or
appropriation, and the debits and credits belonging thereto.
§ 15. He shall give every person paying money into the Duplicate receipt
city treasury a duplicate receipt therefor, specifying the date
of payment, upon what account paid ; and he shall also file
copies of such receipts with the city comptroller at the date
of his monthly reports.
§ 16. The treasurer shall, at the end of each and every '^^"^^''^ ^^^'®-
month, and oftener if required, render an account to the
comptroller, under oath, showing the state of the treasury at
the date of such account, and the balance of moneys in the
68 CITIES.
treasury. He shall also accompany such acconnt with a
statement of all moneys received into the treasury, and on
what account, together with all warrants redeemed and paid
by him, which said warrants, with any and all other vouch-
ers held by him, shall be delivered over to the comptroller,
and filed with his said account in the comptroller's office
upon every day of such settlement. He shall return all
warrants paid by him stamped or marked " paid ;" and
shall give a list of said warrants, stating the number and
amount of each.
Custody of mon- § 17. The treasurer may be required to keep all moneys
***■ in his hands belonging to the city, in such place or places
of deposit as the common council may by ordinance provide,
order, establish or direct. Such moneys shall be kept dis-
tinct and separate from his own moneys ; and he is hereby
er^pressly prohibited from using, either directly or indirect-
ly, the corporation money or warrants in his custody and
keeping, for his own use and benefit, or that of any other
person or persons whomsoever ; and any violation of this
provision shall subject him to immediate removal from office
'by the mayor, with the concurrence of the common council,
who are hereby authorized to declare said 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-
firmation of the said common council, and hold his office
for the remainder of the unexpired term of such officer so
removed.
Monthly report § 18. The treasurer shall also report to the common
ex OTdifures^"'^ couucil annually, in the month of April, before the election,
and oftener if required, a full and detailed account of ail
receipts and expenditures during the preceding fiscal year,
and the state of the treasury. He shall also keep a register
of all warrants redeemed and paid during the year, describ-
ing such warrants, their date, amount, number, the fund
from which paid, and persons to whom paid, specifying also
the time of payment ; and all such warrants shall be exam-
ined at the time of the making such annual report to the
common council by the finance committee, who shall exam-
ine and compare the same with the books of the comptroller,
and report discrepancies, if any, to the common council.
§ 19. All moneys received on any special assessment
shall be held by the treasurer as a special fund, to be applied
to the payment of the improvement for which the assess-
ment was made ; and said money shall be used for no other
purpose whatever.
Treasurer'3 bond § 20. The treasurer shall give bond with sureties to the
amount of not less than two hundred thousand dollars, and
the amount of his bond may be increased to such sum as
may he fixed by the common council, said bond to be ap-
proved by the common council, and filed in the clerk's office,
and entered on record. He shall also be sworn the same as
CITIES. 69
other officers to the faithful discharge of the duties of his
office.
CITY COLLECTOK.
§ 21. it shall be the duty of the city collector to collect collector's duties
all taxes and assessments which may be levied by said city,
and perform such other duties as may be herein prescribed,
or ordained by the common council. He shall keep
his office in such place as may be designated and pro-
vided by the common council, appropriated to the keeping
of such office in the treasury department, and shall keep in
said office, besides his collection and revenue warrants, such
other books, vouchers, records and accounts, as the comp-
troller 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 or successors of said officer, or be de-
posited in the office of the comptroller.
§ 22. All the city collector's papers, books, warrants
and vouchers, shall be examined by, and the same are
hereby placed under the supervision of, the comptroller,
together with the finance committee ; and the said collector
shall, daily, on receipt of the same, pay over all moneys
collected by him of any person or persons to the city trea-
surer, taking his receipt therefor, which said collector shall
immediately file in the comptroller's office.
§ 23. The city collector shall make report, in writing weekly report.
under oath to the comptroller weekly, or oftener, if required,
of the amount of all moneys collected by him; the account
upon which collected, and shall file with him the vouchers
or receipts of the treasurer for the amount so collected. He
shall also in the month of April in each year, before the
annual election, submit to the common council and finance
committee, a statement of all moneys by him collected dur-
ing the year, and the particular warrant, assessment or ac-
count upon which collected, and the balance of moneys un-
collected on the warrants in his hands or returned to the
comptroller, and a copy of such statement shall also be filed
with the comptroller.
§ 24. The city collector is hereby expressly prohibited Keeping of mo-
from keeping the moneys of the city in his hands, or in the
hands of any person or corporation to his use, beyond the
time prescribed for the payment of the same to the city
treasurer ; and any violation of this provision shall subject
him to immediate removal from office by the mayor, with
the concurrence of the common council ; and it is hereby
declared to be the duty of the mayor, upon such removal
being made, to nominate and appoint a successor, with the
advice and consent of the common council.
§ 25. The collector shall give bond with sureties, to the collector's bond.
amount of not less than one hundred thousand dollars, and
Tax receipts.
70 CITIES.
the amount of his bond may be increased to such sum as
may be fixed by the common council, said bond to be ap-
proved by the cammou council and filed in the clerk's office
and entered on record. He shall also be sworn the same as
other officers to the faithful discharge of the duties of his
ofiice.
§ 26. If the collector shall receive any money for taxes
or assessments, giving a receipt therefor for any land or
parcel of land, and afterwards sell the same at any sale for
taxes or assessments, for the tax or assessment which has
been so paid and receipted for by himself or his assistant,
he and his bond shall be liable to the holder of the certifi-
cate given to the purchaser at the sale, for double the
amount of the face of the certificate, to be demanded within
three years from date of sale, and recovered in any court
having jurisdiction of the amount; and the city shall in no
case be liable to the holder of such certificate.
GENERAL PROVISIONS.
Finance commit- § 27. Thc finaucc committce and the comptroller shall
comp'tr'onerr''^ annually meet in the month of April, and compare all such
reports and statements as are made by the comptroller, trea-
surer and collector, and report thereon to the common coun-
cil.
§ 28. In the adjustment of the accounts of the treasurer
and collector, with the comptroller, there shall be an appeal
to the finance committee, whose decision in all matters of
controversy arising between said officers in the treasury de-
partment shall be binding, unless the common council shall
otherwise direct and provide.
Clerks and assist- § 29. The Comptroller, city treasurer and city collector,
ants in offices, shall Severally appoint such various assistants, clerks and
subordinates, in their respective offices, as the common
council may authorize ; and shall be held severally respon-
sible for the fidelity of the persons so appointed by them.
Said subordinates shall in all cases be sworn to the faithful
discharge of their duties, as other officers.
§ 30. The said comptroller, collector and treasurer, shall
perform such other duties, and be subject to such other rules
and regulations, as the common council may from time to
time by ordinance provide and establish.
Money to be kept § 31. The treasurer and city collector, and all receivers
i^ned' ^^'^'^ ""^ ^^ ^^^y money, are hereby required to keep safely, without
loaning or using, all the city t)r public moneys collected by
them, or otherwise at any time placed in their custody or
disposal, till the same are paid over or directed by the proper
officer, warrant, law, or order of the corporation, to be
transferred or paid out, and to make all payments and
transfers promptly when thereto required by any law or or-
der of said corporation, or under any regulation of the
comptroller. And if any one of said officers, or of those con-
CITIES.
71
nected witli them, in the collection, safe keeping, or dis-
bursing of said city revenues, shall convert to his or their
own use, in any way whatever, or shall use by way of in-
vestment in any kind of property or merchandise, or shall
loan, with or without interest, any portion of said city mo-
neys entrusted to him or them for safe keeping, disburse-
ment, payment, transfer, or for any other purpose, every
such act shall be deemed and adjudged to be an embezzle-
ment of so much of the said moneys as shall be thus taken,
converted, invested, used or loaned, which is hereby de-
clared a felony, and any officer or agent of said city, and all
persons advising or participating in such act, or being a
party thereto, shall, upon conviction before any court of
competent jurisdiction in this State, be sentenced to impris-
onment for a terra of not less than six months nor more than
ten years, in the penitentiary of this State ; and also be
lined in a sum equal to the amount of the money embez-
zled.
§ 32. All returns and accounts made or required to be Accounts verified
rendered u^>der this act, by any of the officers in said trea- *'y°^'^-
sury department, shall be verified by the oath of the person
rendering it ; in which said oath it shall be declared that-
said statement so far as he knows or has reason to believe,
is a fair, accurate and full statement of the matters to which
it relates, and of all moneys in his hands, or which he or
any one for him has received since his last official account
was rendered ; and that he has not directly or indirectly
used, loaned, invested or converted to his own use, or suf-
fered any one to use, loan, invest, or convert to their or his
use, any of the public moneys receivable or received by
him, or subject to his warrant or control ; but that he has
acted diligently and without any collusion or fraud in the
collection and disbursement of the public moneys of said
city, and that he hath rendered a true and full account
thereof in his said statement ; which oath shall be attached
to and filed with said accounts in the proper office of the
comptroller or city clerk, as the case may be ; and in case
the said statements, or any of them, shall be false, the said
person so making such statement shall be deemed guilty of
willful and corrupt perjury, and shall be punished accord-
ingly.
§ 33. All appropriations shall be based upon specific and Planner of ma-
detailed statements, made by some proper head of a depart- tiom.^^^''°^"^
ment or officer of the city, and shall be made within the
first quarter of the fiscal year ; which fiscal year shall be
held to commence on the first day of April in every year.
§ 34, I^^either the common council, nor any department Expenditures for
or officer of the city shall add to the city expenditures, in ™p'''''«'«™«°*-
any one year, anything over and above the amount provided
for in the annual appropriation bill of that year, except as is
herein otherwise specially provided ; and no expenditure
72
CITIES.
for an improvement to be paid for out of the general fund of
said city shall exceed in any one year the amount provided
for such improvement in the annual appropriation bill:
Provided^ however, that nothing herein contained shall pre-
vent the common council from ordering any improvement,
the necessity of whicli is caused by any casualty or accident
happening after such annual appropriation is made. The
common council may order the mayor and comptroller to
borrow a sufficient amount to provide for the expense ne-
^ eessary to be incurred in making any improvement, the ne-
cessity for which has arisen as is last above mentioned, for a
space of time not exceeding the close of the next municipal
year ; which sum and the interest shall be added to the
amount authorized to be raised in the next general tax levy
and embraced therein. Should any judgment be obtained
against the city, the comptroller, under the sanction of the
Borrowing of mo- may Or and committee of finance, may borrow a sufficient
°^y' amount to pay the same, for a space of time not exceeding
the close of the next municipal year ; which sum and inter-
' est shall in like manner be added to the amount authorized
to be raised in the general tax levy of the next year and
embraced therein.
Issue of bonds. §35. The city Comptroller is hereby authoHzed, uudcp
the sanction of the mayor and committee of finance, to is-
sue and negotiate the bonds of said city, payable, principal
and interest, in the city of j^ew York, and bearing interest
payable semi-annually 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 all the floating debt now outstanding against said city
and which has not been heretofore provided for. Said bonds
shall be in the ordinary form of bonds of said city, and shall
bo issued in denominations of five hundred or a thousand
dollars each, as the said mayor and comptroller may deem
proper; and it is hereby made the duty of the common
council,^ at the time of levying the general tax in each year,
to provide for the payment of the interest accruing on the
whole funded debt of the city, which is not otherwise pro-
vided for, in addition to the amount which they are autho-
rized to levy for other purposes.
^ § 36. In addition to the amount of bonds herein autho-
rized to be issued, the common council may, in its discre-
tion, provide by ordinance, for completing the issue of the
bonds of said city to an amount not exceeding one hundred
thousand dollars authorized by the sixty-sixth section of the
act amendatory of the city charter approved February 18th,
1861 : Provided, that the whole amount of the bonds here-
tofore issued pursuant to said authority and of the bonds
hereafter issued by virtue of this section, shall not exceed
Proceeds of sale ^^^ ^^^^ ^um of One hundred thousand dollars. The pro-
of bonds. ceeds of said bonds, when sold, may be used in paying the
general expenses of said city, and in payment of the ex-
CITIES.
73
pense, either in whole or in part of such permanent improve-
ments, chargeable to the general fund, as may be ordered
by the common council before the making of the next an-
nual appropriation.
6 37. The common council may also, in its discretion, issue of bonds to
^,,, T n ' • ''i ,• L- j_ii 1 build bridewell.
provide by ordinance lor issuing and negotiating tlie bonds
of said city, payable principal and interest in New York, in
twenty years from date, and bearing interest at a rate not
exceeding seven per cent, per annnm, payable semi-annually,
to an amount not exceeding one hundred thousand dollars,
for the purpose of purchasing grounds, either within or with-
out the corporate limits of said city, and erecting the neces-
sary buildings thereon, for a city bridewell or house of cor-
rection. Such bonds shall be in the ordinary form of bonds
of said city and shall be issued in denominations of live
hundred or one thousand dollars each, as the mayor and
comptroller may deem for the best interest of said city.
§ 38. Whenever any of the bonds of the city, which Retiring of bonds
may have been heretofore or may hereafter be lawfully is-
sued, shall become due, the common council may authorize
the mayor and comptroller to issue new bonds to an amount
sufficient to retire and satisfy the same, running either ten
or twenty years, bearing interest at a rate not exceeding
seven per cent, per annum, payable semi-annually, and pay-
able, principal and interest in the city of J^ew Tork.
§ 39. The comptroller shall keep in his office, in a book comptroller to
or books kept separately for this purpose, a correct list of i^^ep stock book,
all the outstanding bonds of the city, showing the number
and amount of each, and when and to whom the same were
issued ; and when any of said bonds are purchased or paid
and canceled, said book or books shall show the same. In
his annual report the comptroller shall describe particularly
the bonds sold during the year and the terms of the sale,
with each and every item of the expense thereof. He shall
also describe the bonds paid or purchased in order to be can-
celed, the person of whom purchased, and the amount paid,
with each and every item of the expense thereof.
§ 40. In case there shall not be money enough in the
treasury, applicable thereto, to pay any semi-annual install-
ment of interest on the funded debt of the city, the comp-
troller shall present a statement, under oath, to the finance
committee of the amount of the deficiency, which shall be
afterwards filed with the city clerk ; and it shall then be
lawful for the mayor and comptroller, under the sanction of
said committee, to issue and negotiate drafts upon the treasu-
rer payable out of the first moneys that may come into the
treasury applicable to the payment of said interest to an Payment of inte-
amount sufficient to supply said deficiency. Said drafts
shall not have more than ninety days to run ; but they may
be renewed, if necessary, ninety days successively, until
there shall be revenue enough received into the treasury to
pay the same.
74: CITIES.
^unda^ ^^p^''"'® § 41, In case of a deficiency in any fund to meet any
demand upon it, the comptroller may, witli tlie sanction of
the mayor and finance committee, use to meet such demand,
any moneys standing to the credit of any other fund, either
general or special, except the water fund, the school tax fund,
and special assessment funds : Provided^ the consent of the
officer or department more particularly charged with the
disbursement of the fund so used, shall be first had and ob-
tained thereto. A correct account of all moneys so trans-
ferred shall be kept by the comptroller, and said moneys
shall be replaced by him, within not exceeding three months,
out of the revenne subsequently received into the treasury
to the credit of the fund thus supplied. No moneys shall
be so used or transferred, unless adequate provision has been
made which will permit their reimbursement within said
period.
§ 42. '^0 bonds or other evidences of debt shall be issued
by the city, except as is in this act provided.
§ 43. No contracts shall be hereafter made by the com-
mon council or any committee or member thereof, and no
expense shall be incurred by any of the officers or depart-
ments of said city government, whether the object of expen-
diture shall have been ordered by the common council or
not, unless an appropriation shall have been previously made
concerning such expense. And no member of the common
council, head of a department, clerk, city officer, assistant
or employee in any department of said city, shall be directly
or indirectly interested in any contract, work or business, or
the sale of any article, the exj)ense price or consideration
of which is paid from the city treasury, under the penalty
of his immediate removal from office.
City auditor. § 44. The commou council may, hereafter, in their dis-
cretion, provide for the appointment of a city auditor, to
hold his office for two years and until the appointment and
qualification of his successor, whose duty it shall be to ex-
amine personally and certify to the correctness or incorrect-
ness of all the accounts rendered for any money which may
be collected or disbursed by any of the departments or offi-
cers of said city. The said common council may by ordi-
nance prescribe his qualifications and more particularly de-
fine his duties ; and he shall be removable from office at any
time by the mayor with the concurrence of the common
council.
CHAPTER VI.
OF THE BOAED OF PUBLIC WORKS.
oommisaionersof R \^ There 18 hereby established an executive depart-
Dublic works — , c> ,^ ..i"^ /».i.;ii
ment oi the municipal government of said city to be known
as the " Board of Public Works," to consist of the mayor,
CITIES.
75
•wlio shall be a member of the board, ex officio^ and three
commissioners to be chosen in the manner hereinbefore
prescribed.
§ 2. Said commissioners shall each receive an annual '^^'^'^•
salary of twenty-five hundred dollars, and shall each, before
entering upon the discharge of his duties, give bond to the
city in the sum of one hundred thousand dollars, with sure-
ties to the satisfaction of the common council ;• w-hich bond
shall be conditioned for the faithful discharge 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 expiration of his term of oftice, or
when required to do so by the common council.
§ 3. Said board shall elect from their number a president °®^®^^ °^ *^^
and a treasurer, who shall hold their offices for the term of
one year, and until their successors are elected and qualified,
and they shall establish by-laws for the regulation and con-
duct of their officers and employees.
§ 4, Said board shall aj)point a secretary, and some com- Appointees.
petent and scientific person as civil engineer to said board,
who shall be styled the city engineer. The ofiicers so
appointed shall be removable at any time, at the ]3leasure
of the board of public works.
§ 5. It shall be the duty of the city engineer to perform city engineer.
all the civil engineering required by the board of public
works in the prosecution of all public improvements com-
mitted to their charge, and to do such other surveying as
may be directed by the board or by the common council.
He shall receive for his services such annual salary as the
common council shall direct ; and shall devote his whole
time to the duties of his ofiice. He shall possess the same
powers in making surveys and plats, 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 sur-
veys made by such engineer, as are or may be given by law
to the acts, plats, and surveys of county surveyors.
6 6. The said board of public works shall have power, License of sur-
^ ■*- • V6yors.
upon application being made to them by any citizen, of
whose character and qualifications satisfactory evidence shall
be produced, to give such applicant a license under the cor-
porate seal to act for two years as a land surveyor in said
city and for each license so gianted said board shall require
a fee of ten dollars to be paid into the city treasury. Sur-
veyors so licensed shall take the same oath required by law
to be taken by the county surveyor, and shall give bond to
the city of Chicago, with two sufficient sureties, to be
approved by said board, in the penal sum of twenty-five
hundred dollars, conditioned for the faithful performance of
the duties of a land surveyor, and the payment of all dama-
ges that may be sustained by any individual for whom such
« O CITIES.
services may be rendered, in consequence of the careless-
surveyor's bond, ness, misconduct or incompetency of such surveyor. Said
bond shall be filed in the ofiice of said board, and suits may
be brought and recovery had thereon in the name of said
city, by any party who may have sustained damages as above
mentioned; but said city shall in no case be held hable for
the costs of such action, nor for any delinquency, fault or
misconduct of such surveyor. The license to be granted as
above provided, with a certificate of the aforesaid oath sub-
joined thereto, shall be recorded in the office of the recorder
of Cook county ; and then, and not before, the person so
licensed shiill have full power and authority, for the term
of two years from the date of such license, to make surveys
within the city Kmits, and the like elfect 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 county surveyors: Provided, that the surveyors
so licensed shall be governed by such laws of the State of
lUinois and such ordinances of the cit}^ of Chicago prescri-
bing the mode of surveying, as are now or may hereafter
be in force: And provided', further , that the said board of
public works shall have power to revoke any license granted
under the provisions of this section, upon satisfactory evi-
dence being presented to them of the incompetency or offi-
cial misconduct of the person so licensed.
Dividing of lota § '^- I" ^11 cascs whcrc lands in said city are hereafter
and blocks. sub-divided and laid out into blocks or lots, sub-lots, streets
and alleys, or new streets or public grounds are donated or
granted to the public by any proprietor, in order to secure a
uniform plan in the laying out of such streets and alleys, the
map or plat thereof shall be submitted to the board of pubHc
works for their approval. If they approve the same they
shall certify upon it their approval; and no such map or
plat shall be entitled to record or have any validity until so
approved by said board.
Employees of the § 8. The board of public works is authorized to employ,
board. ivom time to time, such superintendents, surveyors, clerks,
assistants and workmen, in the discharge of their duties, as
they may deem necessary, subject, however, to such regula-
tions respecting the number of agents regularly or perma-
nently employed, and their compensation and duties, as the
common council may prescribe by ordinance.
Expenses. § 9. The officc expenscs, and the expenses for clerks,
engineers and assistants, and the salaries of said commis-
sioners of the board of public works and their officers shall
be a charge, and shall be paid share and share alike, out of
the funds pertaining to the general fund of said city, and
the funds pertaining to the water and sewerage works of
said city; each of said funds to bear one-third of said
expense.
CITIES. 77
§ 10. A majority of said board shall constitute a quorum Quorum,
to do business ; they shall keep a record of all their acts
and doings, and shall keep and preserve copies of all con-
tracts, estimates, receipts, plans, profiles, and the papers of
the board : and shall report their acts and doings in detail
to the common council, on or before the tenth day of April
in each year, and oftener when required so to do by the
common council. Each of said commissioners shall have
power to administer any oath authorized to be taken by the
laws of this State.
§ 11. It shall be the duty of said board to take the spe- superintendence
cial charge and superintendence, subject to such general °^'^<^«^'^°-
ordinances as may be lawfully established by the common
council, of all streets, alleys, lanes or highways in said city,
and of all walks and cross-walks in the 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 public buildings in said city, belong-
ing to the city, except school-houses, and of the erection of
all public buildings, of all lamps and lights for the lighting
of the streets, alleys, lanes, highways, bridges, parks, public
places and public buildings of the city, and of the erection
and repair of such lamps and lights, of all works for the
widening, deepening or dredging of the Chicago river, or
either of its branches ; of all sewers and the works pertain-
ing 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 prescribed, and
such other duties as the common council may prescribe by
ordinance.
§ 12. The said board shall have the exclusive privilege permits for mov-
to grant permits, according to the ordinances of the city, ^^s^onaes.
for the moving of houses through the streets of the city,
and the raising of buildings and side-walks, and to regulate
the building or placing of vaults under the streets, alleys,
and side-walks and require such compensation for the privi-
lege as they shall deem reasonable and just, subject to the
approval of the common council; also to regulate all open
spaces for basement stories, and the use of the public streets
in any legal and proper manner, 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 using the streets, alleys, highways and public
places of the city, for the laying down of gas or water pipes
and sewers and determine the location thereof, and to cause
the prompt repair of the streets, alleys, highways and pub-
lic places whenever the same may be taken up or altered ;
and they are hereby authorized and empowered to charge
/ CITIES.
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 by whom such street, alley, highway or public
ground may have been taken up or altered.
Wooden buud- § 13, The Said board shall have the exclusive privilege
lugs- Qf granting permits for the erection of w^ooden buildings
■within the fire limits of said city, subject to such general
regulations as the common council may by ordinance pre-
scribe ; and for all permits of every kind which said board
is authorized to grant, it may make such reasonable charge
as it may deem proper, or as the common council may by
ordinance direct.
Assessments. § 14, The commissiouers of the board of public works,
with the exception of the mayor, shall in all cases, except
as is in this act otherwise provided, act as commissioners to
make special assessments, whenever the same may be
ordered ; for the making of which assessments they shall
receive no fees.
Adveitising for § 15, Whcncvcr any public improvement shall be
puuk work. ^°'" ordered by the common council of said city, and the assess-
ment for the same (where the same is to be paid for by spe-
cial assessment,) shall have been confirmed, and one -half 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, accompanied with specifications for the doing
of the same, being first placed on file in the office of said
board; which said plan, profile and specifications shall at
all times be open for public inspection; wliich advertise-
ment shall be continued for at least ten days in the corpora-
tion newspaper, and shall state the work to be done. The
bids for the doing of such work shall be sealed bids, directed
to said board, and shall be accompanied with a bond to the
city in the sum of two hundred dollars, signed by the bid-
der and two responsible sureties, conditioned that he shall
execute the work for the price mentioned in his bid, and
according to the plans and specifications, in case the contract
shall be awarded to him ; and in case of default on his part
to execute a contract and perform the work, said bond may
be sued and judgment recovered thereon by the city for the
full amount thereof, in any court having jurisdiction of the
amount. Said bids shall be opened at the hour and place
mentioned in said notice. When the expense of any work
or public improvement shall exceed the sum of five hundred
dollars, and the same is to be paid out of the general fund,
or the water or sewerage 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.
The awarding of §16. AH coutracts shall bc awarded by said board to
contracts. thc lowcst reliable and responsible bidder or bidders, who
CITIES. 79
shall have comphed with the above requisition and who will
sufficiently guarantee, to the satisfaction of said board, the
performance of said work, under the superintendence and
to the satisfaction of said board : Provided, that the contract
price does not exceed the estimate, or such other sum as
shall be satisfactory to said board ; copies of which contracts
shall be filed in the office of the comptroller of said city.
§ 17. The board of public works shall reserve the right, suspension or re-
in their said contracts, to finally decide all questions arising ^ '°° °
as to the proper performance of said work ; and in case of
improper construction, to suspend said work at any time,
and re-let the same; or to order the entire reconstruction of
said work, if improperly done ; or re-let the same to some
more capable and faithful contractor or contractors, with
power hereby given to said board to adjust the difference
of damages or price, (if any there be,) which the contractor
or contracters failing to properly construct such work, in
such cases of default, should, in their opinion, pay to the
city, according to the just and reasonable interpretation of
such contract ; which difference or balance shall be recover-
able at law in the name of said city, before any court having
competent jurisdiction thereof, against such contractor or
contractors. In all cases where the contractor or contractors
shall proceed to properly perform and complete their said
contracts, the said board may, in their discretion, from time
to time, as the work progresses, grant to said contractor or
contractors an estimate of the amount already earned, reser-
ving fifteen per cent, therefrom, which shall entitle the holder
or holders to receive the amount that may be due thereon
when the money applicable to the payment of such work
shall have been collected and the conditions annexed to said
estimate, if any, shall have been satisfied. Any persons
taking any contracts with the city, and who agree to be paid
from special assessments shall have no claim or lien upon
the city in any event, except from the collections of the
special assessments made for the work contracted for; and
no work to be paid for by a special assessment, shall be let
except to a contractor or contractors who will so agree.
§ 18, In case the prosecution of any public work should ^j^gfj^^jj^^^jf ™
be suspended in consequence of the default of any contractor, tractor.
or in case the bids for doing any such work should be deemed
excessive, or the persons making proposals not responsible
or proper persons to be entrusted with its performance, the
board of public works may, with the written approval of the
comptroller, where the urgency of the case and the interests
of the city require, employ workmen to perform or complete
any improvement ordered by the common council : Provided,
that the cost and expense thereof shall in no case exceed the
amount assessed or sum appropriated for completing the
same.
80
CITIES.
_ § 19. All supplies of materials, or necessaries of any
kind, exceeding in amount the sum of five hundred dol-
lars, shall be purchased bj said board of public works, when
practicable, by contract with the lowest responsible bidder,
as is provided for the making of contracts for the doing of
work.
Contract without § 20. Whenever the said board of public works shall
deem it necessary for the interests of the city, and to pro-
tect the same from great loss and damage, they shall report
to the common council such necessity, and the reason for the
same, asking from the council the power to enter into a
contract (specifying such contract) without giving the notice
in this act required to be given before letting a contract ;
and the common council, on being satisfied of such necessity,
may, by resolution, grant such power: Provided, three-
fourths of all the aldermen elected shall vote in favor of such
resolution.
§ 21. All contracts entered into by said board of public
works, and all bonds taken by them shall be entered into in
tlie name of, and be made to, the city of Chicago.
Memb'rs of board § 22. Kc> member of the board of public works, nor
est^rrniract: officcror clerk in their employ, shall be interested, directly
or indirectly, in any contract made and entered into by said
board of public works, for any work or for any materials to
be furnished therefor; and all contracts made with said
board in which any member or ofiicer of said board shall be
so interested, shall, at the option of the city, be declared ut-
terly void and of no binding efi'ect whatever ; and any mem-
ber or officer of said board interested in any contract shall
thereby forfeit his ofiice, 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 ofiicer of said city, to report to the
common council any such delinquency when discovered.
Sewerage. § 23. The board of public works shall have the exclu-
sive charge and superintendence of the sewerage and water
works of said city, and shall receive and collect all water
rents, water taxes or assessments, and sewerage permits and
licenses ; and they shall report to the city treasurer once in
each week all moneys so received by them, and at the same
time pay over to said city treasurer all such moneys, with a
statement of the same ; to -which account the same belong,
and shall receive his receipt for all moneys so paid over.
Bonds of sewer- § 24. All bouds, contrjicts, agreements or obligations,
cfmmusion'lfs^'" ^^ '^^^^^ ^^'^^^^ ^^' ^^^ture socver, heretofore executed by the
board of sewerage commissioners or water commissioners
shall be carried out and completed by said board of public
works. All contracts 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.
CITIES. 81
§ 25. The board of public works shall, on or before the Annual report of
first day of May in each year, submit a statement to the workl °^ '^"''''°
comptroller, to be by him laid before the common council,
with his annual estimate, of the lepairs and improvements
to be paid for out of the general fund of the city, and neces-
sary to be undertaken by said city during the current year,
and of the sums by said board of public works required 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 revision,
shall be provided for in the general tax levy to be laid on-
said city. All moneys hereafter to be paid to any person or
persons out of the moneys so raised and appropriated, or
out of the sewerage or water funds, or any special p^sess-
ment fund, shall be certified by the president of the board
of public works, or in his absence by the acting president
of said board to the comptroller, who shall draw his war-
rant on the treasurer therefor, stating therein the particular
fund to which the same is chargeable, and the person to
whom payable; and such warrant shall be countersigned by
the president, or in his absence by the acting president, of
the board of public works and the mayor.
§ 26. The commissioners of the board of public works Commissioners'
shall be sworn the same as other officers to the faithful dis-
charge of the duties of their office ; and no person hereafter
elected shall act as a commissioner of said board until, in
addition to the oath required of all city officers, he shall
swear that he is then, and for the year immediately prece-
ding has been, a resident freeholder in the division of the
city from which he was elected, which oath shall be filed in
the clerk's office.
§ 27. No member or officer of said board, or other offi-
cer of said city, and no member of the common council,
shall either directly or indirectly receive any interest or
profit whatever on account of the deposit of any of the funds
belonging to the city ; nor shall any member or officer of said
board, or officer of said city, or any member of the common
council, either directly or indirectly, make use of or borrow
any of said funds for his own private benefit or advan-
tage. The funds of said city in the hands' of said board piace of keeping
shall, until deposited with the treasurer of said city, as here- "^y^"^""^'-
in before provided, be kept 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 : if either
of the members or any of the officers of said board shall
either directly or indirectly receive or appropriate for his
own use or benefit any of the funds, money or property
of the said city, or shall directly or indirectly take, pledge
or borrow any of the said funds or property for his own use
or benefit, such member or officer of said board shall be
—7
82 CITIES.
deemed guilty of embezzlement, and shall be liable to indict-
ment, and on conviction thereof shall be sentenced to im-
prisonment for a term of not less than six months norm ore
than ten years, in the penitentiary of this State ; and also
be fined in a sum equal to the amount of the money embez-
zled. The members of said board shall be liable upon their
bond for the loss of any or all moneys coming into the
possession or control of said board.
§ 28. It shall be the duty of the said board to keep books
of account, showing with entire accuracy the receipts and
expenditures of the board, in such manner as to enable the
same to be readily understood and investigated ; and also
to preserve on file in their office duplicate vouchers for all
their expenditures, which books and duplicates shall at all
times be open to the examination of the comptroller of said
city, or to the finance committee of the common council, or
to any other committee appointed by the common council.
CHAPTER YII.
PTJBLIC IMPEOVEMENTS AND SPECIAL ASSESSMENTS.
§ 1. The common council shall have power, from time
to time —
Powers of coun- First. To lay out public streets, alleys, lanes, and high-
cii concerning ways, and to make wharves and slips at the ends of streets,
and extend, alter, widen, contract, straighten, and discon-
tinue the same ; and to purchase, and lay out public parks,
squares or grounds.
Second. To cause any street, alley, lane or highway, to
be filled, graded, leveled, paved, curbed, walled, graveled,
macadamized or planked; and keep the same in repair.
Rivers. Third. To widen, deepen, or dredge out the Chicago
river, or either of its branches, or any part or parts of the
same.
Fourth. To cause cross and side walks, area walls, lamp
posts, and private drains, to be constructed and laid, relaid,
erected, cleansed and repaired.
Public squares. Fifth. To fill, grade, improve, protect and ornament,
any public square, now, or hereafter, laid out.
Expenses. § 2. The cxpenscs ot any improvement mentioned in
the foregoing section, sliall be defrayed, save as is herein
otherwise provided, by a special assessment upon the real
estate benefited thereby, to be levied in the manner here-
inafter prescribed.
Grade of streets. § 3. All applications or propositions for establishing the
grade of streets, or for a change of grade, the erection of
bridges and lamp posts, the grading, re-grading, paving, re-
paving, graveling and re-graveling, macadamizing, planking
and re-planking of streets, alleys, highways, or lanes, the
CITIES. 83
construction and repair of sidewalks and private drains, the
improvement of public grounds or buildings belonging to
the city, except school houses, the widening, deepening or
dredging of the Chicago river, or either of its branches, the Dredging river,
opening, straightening, widening or closing of any street, **°"
alley, lane or highway, or for any other improvement, the
doing of which is within the discretion and control of the
municipal government of said city, shall hereafter be first
made to the board of public works ; or, if first made to the
common council, shall be by them referred to said board.
Upon receiving any such application, the said board shall
proceed to investigate the same; and if they shall deter-
mine that such improvement is necessary and proper, they
shall report the same to the common council, accompanied
with an estimate of the expense thereof, and a proper ordi-
nance or order directing the work. If they do not approve
of such application, they shall report the reasons for theii'
disapproval, and the common council may then, in either
case, order the doing of such work, or the making of such
public improvement, after having hrst obtained from said
board an estimate of the expense thereof. The board of
public works may also, in like manner recommend, when-
ever they think proper, any improvement of the nature speci-
fied in this section, though no application may have been
made therefor; and in all cases the common council, after
having obtained from said board an estimate of the expense,
may make such changes in the proposed plan as may be
petitioned for by any of the owners of the property to be
assessed.
§ 4. Whenever the board of public works shall recom- Extending of
mend the opening, straightening, widening or extending of
any street, lane, alley, or highway, in said city, or the widen-
ing of the Chicago river, or either of its branches, or any
part or parts of the same, they shall furnish to the common
council a plan or profile of the contemplated improvement,
and shall also specially report whether, in their opinion,
real estate to be assessed ibr said improvement can be found
benefited to the extent of the damages, costs and expenses
necessary to be incurred thereby ; and whenever in any
case they shall recommend to the common council 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 the common council whether the
contemplated improvement is asked for by the petition of
the owners of a majority of the property to be assessed for
such improvement, and if the owners of a majority of the
property so to be assessed, shall have failed to petition
therefor, the same shall be ordered only by the votes of at
least three-fourths of all the aldermen present, such vote to
be entered by ayes and noes on the record of the common
council. The certificate of said board of public works shall
84
CITIES.
Assessment
damages.
O&th of commis-
sioners.
Appraisement.
be prima facie evidence as to the number of said petition-
ers and of their interest in the property assessed.
CONDEMNATION PEOCEEDINGS.
§ 5. "Whenever any order is passed by the common
council, by virtue hereof, for the making of any public im-
provement mentioned in the first section of this chapter
which shall require the appropriation or condemnation of
any land or real estate, the commissioners of the board of
public works shall forthwith proceed to ascertain and assess
the damages and recompense due the owners of such land
respectively, and at the same time to determine what real
estate will be benefited by such improvement, and assess
the damages, together with the costs of the proceedings, on
the real estate by them deemed benefitted, in proportion, as
nearly as may be, to the benefit resulting to each separate
lot or parcel. If the proceeding be one for widening the
Chicago river, or either of its branches, or any part or parts
of the same, the assessment may, if so ordered by the com-
mon council, be made to include the estimated expense of
excavation and completing the work, in addition to the value
of the land condemned ; but in all other cases shall cover
only the damages awarded for the real estate appropriated
and the costs of the proceedings.
I 6. Before proceeding to make said assessment the
commissioners shall be sworn, faithfully to execute their du-
ties, according to the best of their ability. They shall then
give six days' notice by publication in the corporation news-
paper, of the time and place of their meeting for the purpose
of making said assessment, in which notice they shall specify
what such assessment is to be for, and shall describe the
land to be condemned, as near as may be done by general
description. The meeting of said commissioners, when en-
gaged in making such assessment, shall be held in a public
place in said city, to be specified in said notice, and all per-
sons interested in any such assessment, shall have the right
to be present and be heard, either in person or by counsel.
The commissioners shall view the premises to be condemned
and receive any legal evidence that ma}^ be ofifered, for the
purpose of proving the true value thereof, or the damages
that will be sustained, or benefit conferred, by reason of the
contemplated improvement ; and the said commissioners,
for this purpose, are hereby authorized to administer oaths
to all witnesses produced before them. They shall permit
the counsel to the corporation, or city attorney, to appear
before them at such hearing, to represent the interests of the
city, and may adjourn from time to time until said assess-
ment is completed.
§ 7. The commissioners, in making said assessment,
shall determine and appraise, to the owner or owners, the
value of the real estate appropriated for the improvement,
CITIES. 85
and the injury arising to them, respectively, from the con-
demnation thereof, which shall be awarded to such owners
respectively, as damages, after making due allowance there-
from for any benefit which such owners may respectively
derive from such improvement.
§ 8. If the damage to any person be greater than the
benefit received, or if the benefit be greater than the dam-
age, in either case the commissioners shall strike a balance,
and carry the difference forward, to another column, so that
the assessment may show what amount is to be received or
paid by such owners, respectively, and the difference only
shall, in any case, be collectable of them, or paid to them.
§ 9. In the assessment of damages and benefits for the offsets.
opening of any street or alley, it shall be lawful for the com-
missioners, in their discretion, in making such assessment,
where part of the land to be laid out into such street or al-
ley, has been theretofore donated by any person or persans
for such street or alley, to appraise the value of the land so
donated, and to apply the value thereof, 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 them ; but nothing herein contained
shall authorize any person or persons by whom such dona-
tion is made to claim from the city the amount of such ap-
praisal, except as an offset, as herein provided. And where
the assessment is one for the widening of any street, which
may have been theretofore, either in whole or in part, do-
nated to the public by the proprietors of the adjoining land,
it shall also be lawful for said commissioners, in their dis-
cretion, to make such allowance therefor, in their assessment
of benefits, as shall to them seem equitable and just.
§ 10. If there should be any building standing in whole Damageforiuiid-
or in part upon the land to be taken, the commissioners '°ss taken,
shall add to their estimate of damages for the land, the dam-
ages also for the building or part of building necessary to
be taken, if it be the property of the owner of the land.
When owned by any other person, the damages for the
building shall be assessed separately. The value of such
building to the owner to remove, or of the part thereof ne-
cessary to be taken, shall also be determined by the com-
missioners, and notice of such determination shall be given
by them to the owner when known, if a resident of the
city, or left at his usual place of business or abode. If the
owner is not known, or is a non-resident, notice to all per-
sons interested shall be given by publication for ten days in
the corporation newspaper. Such owner may at any time
within ten days after service, or the first publication, of such
notice, notify to said commissioners in writing his election
to take such building or part of building at their appraisal ;
and in such case the amount of such appraisal shall be de-
ducted by the commissioners from the estimated damages
86 CITIES.
for the land and building, where thej belong to the same
owner, and from the estimated damages for the building
where thej belong to different owners ; and the owner shall
have such time for the removal of the building after the con-
firmation of the assessment, as the board of public works
may allow. If the owner shall refuse to take the building
at the appraisal, or fail to give notice of his election as afore-
said within the time prescribed, then no deduction shall be
made from the estimated damages aforesaid, and the board
of public works shall, after the confirmation of the assess-
ment and after the money is collected or otherwise provided
and ready in the hands of the treasurer to be paid over to
the owner for his damages, proceed to sell such building or
part of building at public auction, for cash, giving at least
five days' public notice of the sale by publication in the cor-
poration newspaper and cause such building to be then forth-
with i-emoved. The proceeds of such sale shall be paid into
the city treasury to the credit of the special assessment fund
raised for the said improvement.
§ 11. If the lands and buildings belong to different per-
sons, or if the land be subject to lease, the injury done to
such persons, respectively, may be awarded to them, by the
commissioners, less the benefits resulting to them, respec-
tively, from the improvement.
Assessment of § 12. Haviug ascertained the damages and expenses of
damages. g^^l_^ improvement, as aforesaid, the commissioners shall
thereupon apportion and assess the same, together with costs
of the proceedings, uj)on the real estate by them deemed
benefited, in proportion to the benefits resulting thereto from
the improvement, as nearly as may be, and shall briefly de-
scribe the real estate upon which their assessments may be
made; and it shall constitute no legal objection to said as-
sessment that the amount thereof either exceeds or falls
short of the original estimate of the cost of the improvement
submitted to the common council by the board of public
works.
Filing of assess- § 13. When Completed the commissioners shall sign and
dty clerk* "'^'^ filc tlic asscssmeut roll in the office of the city clerk, and a
duplicate thereof in the office of the board of public works.
Notice shall be given by said commissioners, by six days'
publication in the corporation newspaper, of the filing of
such assessment roll in the clerk's office ; and that at the
next regular meeting of the common council to be held
after the expiration of such publication, they will apply to
the common council for a confirmation of said assessment.
Objections to said assessment may be heard before the com-
mon council, but all parties objecting shall file their objec-
tions in writing, in the office of the city clerk, at least one
day prior to such meeting of the council. Should no quo-
rum be present at such meeting, the matter shall stand post-
poned to the next regular meeting of the council when there
CITIES. 87
shall be a quorum. The council shall have power to adjourn
such hearing from time to time, and shall have power in
their discretion, to revise and correct the assessment, and
confirm or annul the same, and direct a new assessment to
be made. Said assessment, when confirmed by the common
council, shall be final and conclusive upon all parties inter-
ested therein, except as is hereinafter provided; and when
said assessment is confirmed and no appeal is taken, as here-
in provided, a warrant shall issue for the collection of the
same, signed by the mayor and city clerk. If said assess-
ment shall be annulled by the common council or set aside
by the court, the commissioners of the board of public works
shall proceed to make a new assessment, and return the
same in like manner, and give like notices as herein required
in relation to the first ; and all parties in interest shall have
the like rights, and the common council shall perform
like duties and have like powers in relation to any subse-
quent determination as are hereby given in relation to the
first.
§ 14. Any person whose property has been appropriated Taking appeals,
and who has filed objections to said assessment, as herein-
before provided, shall have the right, at any time within ten
days after the confirmation of the same by the common
council, and not after that time, having first given notice of
his or her intention so to do to the counsel to the corpora-
tion or city attorney, specifying in such notice the court to
which the appeal is to be taken, to pray an appeal to any
court of general jurisdiction in Cook county from the order
of the common council confirming such assessment, upon
filing a bond to said city, approved by the judge or judges
of the court to which the appeal is taken, conditioned to
save the city harmless from all damages caused by the taking
of such appeal. In case of appeal a copy of the assess-
ment roll, as confirmed by the common council, and of the
objections to the final order confirming the same, shall be
filed in the ofilce of the clerk of the court to which such ap-
peal shall be taken, and the cause shall be docketed by such
clerk in the name of the person taking such appeal against
the city of Chicago, as an "appeal from assessment." The
said cause shall be then at issue, and shall have the prefer-
ence in order of trial over all civil causes pending in said
court. Such appeal shall be tried by the court, and on such
trial the only questions to be passed upon shall be whether
the common council had jurisdiction in the case, and whether
the valuation of the property specified in the objections is a
fair valuation, and the assessment so far as it aficcts said
property, is a fair and impartial assessment.. The judgment
of the court shall be either to contirm or annul the assess-
ment, from which judgment no appeal or writ of error shall
lie.
CITIES.
Judgment to con- § 15. When any sncli assessment shall have been con-
fimaasessment. firmed bj the common council, and no appeal have been
taken therefrom, or, if an appeal shall have been taken,
when judgment to confirm the assessment shall have been
rendered thereon, the same shall be a lawful and sufficient
condemnation of the land or property ordered to be appro-
priated. _ The board of public works shall thereupon cause
to be paid to the owner of such property, or to his ao-ent
the amount of damages, over and above all benefits which
may have been awarded therefor, as soon as a sufficient
amount ol the assessment shall have been collected for that
purpose ; but the claimant shall in all cases furnish an ab-
stract of title showing himself entitled to such damages be-
fore the same shall be paid. If in any case there shall be
any doubt as to who is entitled to the damages for land taken
the city may require of the claimant a bond with good and
sufficient sureties to hold said city harmless from all loss
costs and expenses, in case any other person should claim
said damages. In all cases the title to land taken and con-
demned m manner aforesaid shall be vested absolutely in
the city, in fee simple.
Notice to be given § 16. As soou as the moucv is collected, and readv in
before^propeny the hands of the treasurer, to be paid over to parties enti-
tled to damages for property condemned, ten day's notice
thereof shall be given by the board of public works in the
corporation newspaper; and the city may then, and not be-
fore, enter upon, take possession of and appropriate the pro-
perty condemned.
§ IT. Where 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, touchino- the
same or any part thereof, shall, upon publication of t\m no-
tice required m the preceding section, respectively cease
and be absolutely discharged.
Prior contracts § 18. Where part only of any lot or parcel of land or
and agreements, other premises SO Under lease or other contract, shall be
taken for any of the purposes aforesaid, by virtue of this
act, all the covenants, contracts, and agreements and eno-ao-e-
ments respecting the same, upon publication of the afore-
said notice, shall be absolutely discharged as to the part
thereof so taken, but shall remain valid as to the residue
thereof, and the rents, considerations and payments reserved,
payable and to be paid for or in respect to the same, shall
be so proportioned as that the part thereof, justly and equi-
tably payable for such residue thereof, and no more, shall
be paid or recoverable for the same.
"Imement. '■"" ^}^'. ^^] Proceedings taken by said board of public
works, in relation to the laying out of any street, allev, lane
or highway, wharf, slip, public square or ground, "or the
CITIES.
S9
widening, contracting, straightening or discontinuing the
same, and all proceedings for the widening of the Chicago
river or either of its branches, shall be recorded by the said
board in a book or books kept for that purpose, describing
particularly the said improvements, and the real estate re-
quired to be taken therefor.
DEEPENING AND DREDGING THE RIYEK.
§ 20. Whenever any order is passed by the common Chicago river.
council, by virtue hereof, to deepen or dredge out the Chi-
cago river, or either of its branches, or any part or parts of
the same, the commissioners of the board of public works
shall forthwith proceed to assess the amount directed to be
assessed, on the real estate by them deemed benefited by any
such improvement, in proportion, as nearly as may l3e, to
the benefit resulting to each separate lot or parcel ; and
shall briefly describe in the assessment roll, to be made by
them, the real estate assessed, and the amount of the assess-
ment in each case.
IMPROVEMENT OF STREETS.
§ 21. Whenever any order is passed by the common Gradingand pay-
council, by virtue hereof, for the filling, grading, leveling, '^s °f streets.
paving, curbing, walling, graveling, macadamizing, plank-
ing, or repairing of any street, lane, alley, or highway, the
commissioners of the board of public works shall forthwith
proceed to assess the amount directed by the common coun-
cil to be assessed, on the real estate fronting or abutting on
the contemplated improvement. Said assessment shall be
made in such manner, as nearly as may be, that each separ-
ate block, lot, sub-lot, piece or parcel of land, on either side
of the street or part of street to be improved, shall sustain
the cost and expense of making or completing the improve-
ment upon that half of the street directly adjacent to or in
front of the same.
§ 22. Where, in any case, any portion of the cost and Assessments
expense of making any improvement mentioned in the fore- companies! ^^^
going section, shall, by virtue of any valid law or ordinance
of the corporation, or by virtue of any valid contract, be
chargeable upon any railway company, the amount so
chargeable may be assessed upon said railway company, and
the balance only, upon the real estate fronting or abutting
on such improvement ; and the city may collect the amount
so assessed upon the said railway company, by distress and
sale of personal property, as in other cases, or by suit
brought for that purpose : Provided^ that any real estate be-
longing to such railway company and fronting or abutting
upon the said improvement shall be assessed as in other
cases.
§ 23. Before proceeding to make an assessment, for any commissioners'
improvement mentioned in the three preceding sections. °*''^*'
90
CITIES.
said commissioners shall be sworn as in other cases, and
shall give six days' notice, by j^ublication in the corporation
newspaper, of the time and place of their meeting for the
purpose of making said assessment, in which notice they
shall specify what such assessment is to be for, and the
amount to be assessed. All persons interested in any such
assessment shall hav^ the right to be present and be heard,
either in person or by counsel, and the commissioners may,
in their discretion, receive any legal evidence, and may ad-
journ, if necessary, from time to time.
Signing and re- § 24. "When the commissioners shall have completed
turn of assess- ^j^^-^. assessment, they shall sign and return the same in like
manner, and give like notice of the application to the com-
mon council for confirmation, as herein required in relation
to assessments for the condemnation of real estate ; and all
parties in interest shall have the like rights, and the com-
mon council shall perform like duties and have like powers
in relation to such assessment as are herein given in relation
to assessments for the condemnation of real estate. When
confirmed by the common council said assessment shall be
final and conclusive upon all parties interested therein, and
shall be collected as in other cases; and no appeal shall lie
in any case from the order of confirmation. If any assess-
ment be annulled or set aside, the said commissioners shall
proceed to make a new assessment and shall return the same
in like manner and give like notices as herein required in
relation to the first.
SIDEWALKS AND DEAINS.
Notice to be given § 25. All owucrs or occupauts of real estate, in front of,
adjacent to, or upon whose premises the common council
shall order or direct any sidewalk or private drain to be
constructed, shall construct such sidewalk or private drain
at their own costs and charges in the manner prescribed by
said common council and within such reasonable time, not
exceeding twenty days, as the board of public works shall
direct, of which time notice shall be given to such owner or
occupant by personal service, or leaving the same at his
usual place of business or abode, or by three days' publica-
tion in the corporation newspaper. If the work be not done
in the manner and within the time prescribed, the commis-
sioners of the board of public works shall forth witli proceed
to assess the amount necessary to be assessed therefor, to-
gether with all costs, upon the real estate aforesaid, which
assessment shall be made and returned, and may be con-
firmed and collected in the samo manner as in the case of
filling, grading or paving streets, and when confirmed shall
have the same force and effect ; like powers, rights and du-
ties being hereby conferred and imposed upon the said com-
missioners and common council and on all parties inter-
ested, in both cases.
CITIES.
91
§ 26. For any neglect or refusal to comply with any or- P^j^ajties for ne-
der of the common council in the preceding section referred ^^° '
to, the said common council may impose by ordinance such
penalties upon the owners or occupants aforesaid, not ex-
ceeding twenty dollars for each day's neglect, as to the said
common council shall seem proper.
§ 2Y. Upon the passage of any order in the two pre- ^^^Kf/aM
ceding sections referred to, the board of public works may, recorery thereof
in their discretion, in case the said owners or occupants
should fail to comply therewith, cause said improvement to
be made and paid for out of any moneys in the treasury at
their disposal, and afterwards cause the expense thereof, to-
gether with all costs, to be reimbursed by a special assessment
to be levied and collected as in other cases, or the same may
be recovered by suit from such owner or occupant, as for
money paid and laid out for his use and at his request.
§ 28. When in any case, it shall be deemed necessary
by the board of public works to cause any sidewalk to be
raised, lowered, repaired or relaid, or any private drain to
be raised, lowered, repaired or cleansed, it shall be lawful
for said board to require the owner or occupant of the
premises, in front of, adjacent to, or upon which said im-
provement is to be made, to make the same forthwith, or
within such reasonable time as the board of public works
may prescribe, either upon written or verbal notice to that
eifect ; and in case of neglect or refusal to comply with said
requirement, as well as in all cases where the owner or oc-
cupant cannot be found, the board of public works may
cause the work to be done and paid for out of any moneys
in the treasury at their disposal. Said board shall then re-
port to the common council the amount of said expenditure,
giving a description of the lots or other premises liable
therefor, and the amount for which each is chargeable. The
common council shall thereupon assess the said expenses, by
an order, ordinance or resolution, upon such lots respective-
ly, and the same may be collected by warrant and sale of
the premises, as in other cases. A suit may also be main-
tained against the owner or occupant of such premises for
recovery of such expenses, as for money paid and laid out
for his use and at his request. The common council may
also by ordinance impose such penalties upon the owners or
occupants aforesaid for any neglect or refusal to comply
with the aforesaid requirement, not exceeding twenty dol-
lars for each day's neglect, as to the said common council
shall seem proper.
S 29, Nothing in the preceding sections contained shall Repair of side-
,j j^,c> T^i^ • c ^ walks.
be SO construed as to relieve the owners or occupants oi real
estate from the duty of keeping the sidewalk in front of, or
adjacent to, their respective premises, at all times, in a safe
condition and in a good and thorough state of repair ; but
such duty is hereby expressly enjoined and imposed upon
92
CITIES.
all such owners and occupants; and if at any time any in-
jury shall be sustained by any individual, or the city shall
be subjected to any damages in consequence of any defect
in any sidewalk, or its being out of repair, the owner and
occupant of the adjacent premises, whose duty it is to make
repairs, shall be jointly and severally liable therefor, and
the same may be recovered by suit in any court of general
jurisdiction. If the owner be a non-resident, proceedings
may be commenced aoainst the property by attachment, as
m other cases of attachment under the laws of this State.
ERECTION OF LAMP POSTS.
^BhTeof expens^ . ^ ^^' Whenever any order is passed by the common coun-
cil, by virtue hereof, for the erection of lamp posts upon any
of the streets in s--iid city, the commissioners of the board of
public works shall forthwith proceed to assess the amount
directed by the common council to be assessed therefor,
upon the several lots, pieces or parcels of land fronting or
abutting on the street or part of street along which said
posts are to be erected. Said assessment shall be made in
such manner, as nearly as may be, that each separate lot,
piece or parcel of land on either side of such street, for the
whole distance proposed to be lighted, shall sustain its fair
proportionate share of the expense, according to the num-
ber of lineal feet of each separate lot or parcel on such
street : which assessment shall be made and returned, and
may be confirmed and collected, in the same manner as in
the case of filhng, grading or paving streets, and when con-
firmed shall have the same force and efiect ; hke powers,
rightsand duties being conferred and imposed upon the said
commissioners and common council and all the parties in-
terested, in both cases.
REMOVAL OF NUISANCES.
cutrlTTn re- § ^1- In all cascs where expenses may be incurred in
movai. the removal of any nuisance, the common council may cause
the same to be assessed against the real estate chargeable
therewith, in the manner prescribed in the twenty-eighth
section of this chapter. Such expenses shall be likewise
collectable of the owner or occupant of such premises in a
suit for money expended to his or their use. Suit may, in
like manner, be brought for such expenses against the au-
thor of such nuisance when known, or any person whose
duty it may be to remove or abate the same.
GENERAL PROVISIONS.
^""■"chlrSe ^ ^^- -^° ^^^ ^^^^^ ^'^^^^^ t^e^e is no agreement to the
with costs of re- Contrary, the owner or landlord, and not the occupant or
P "•"'• tenant, shall be deemed the person who ought to bear and
pay every charge or assessment made for the expense of any
public improvement. Where any such charge or assess-
CITIES. 9^
ment shall be made upon or paid by any person, when, by
agreement or by law, the same ought to be borne or paid by
any other person, it shall be lawful for one so paying to sue
for and recover of the person bound to pay the same, the
amount so paid, with interest ; or he may retain and deduct
the same from any rent due or to become due to such per-
son. Nothing herein contained shall impair or in any way
affect any agreement between any landlord and tenant, or
other persons, respecting the payment of such assessments.
§ 38. When any known owner residing in said city, or Appointment of
elsewhere, shall be an infant, and any proceedings had under si^ardian.
this act shall render it necessary, the circuit court of the
county of Cook, the judge thereof, or any judge of any court
of general jurisdiction in said city, or the judge of the county
court, may, upon the aj^plication of the board of public
works, or such infant, or his next friend, appoint aguaidian
for such infant, taking security from such guardian for the
faithful execution of such trust, and all personal notices and
summons, required by this act, may be served on such
guardian.
§ 31. ]S^o writ oi certiorari shall be allowed in the case writs of certiora-
of any special assessment proceedings commenced under ""
the provisions of this act, unless applied for within thirty
days at\er the confirmation of the assessment, and not then
at the suit of any party who has neglected to file his objec-
tions to such confirmation as hereinbefore provided, unless
the party applying for the writ shall satisfy the court by
legal and satisfactory evidence, other than his own oath,
that he has a sufiicient legal excuse for such omission or
neglect.
§ 35. If, in any case, the first assessment prove insuffi- second assess-
cient, the board of public works shall make a second in the ^^^ '
same manner, and so on, until sufiicient 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.
§ 36. If, from any cause, the city shall fail to collect the collection of as-
whole or any portion of any special assessment which may ^^ssments.
be hereafter levied, and which shall not be canceled and set
aside by the order of any court upon certiorari or appeal,
for any public improvement required to be paid for by spe-
cial assessment, the common council may, at any time within
five years after the confirmation of the original assessment,
direct a new assessment to be made upon the delinquent
property, for the amount of such deficiency, and interest
thereon from the date of such original assessment, which
assessment shall be made, as near as may be, in the same
manner as is herein prescribed for the first assessment. In
all cases where partial payments shall have been made on
such former assessment, they shall be credited or allowed
on the new assessment to the property for which they were
94
CITIES.
made, so that the assessment shall be equal and impartial in
its results. If such new assessment prove ineffectual, either
in whole or in part, the common council maj, at anj time
within said period of live years, order a third, and so on, to
be levied in the same manner and for the same purpose ;
and it shall constitute no legal objection to such re-assess-
ments that the prcpertj may have changed hands or been
encumbered subsequent to the date of the original assess-
ment, it being the true intent and meaning of this section to
make the cost and expense of all public improvements to be
paid for bj a special assessment, a charge upon the property
assessed therefor for the full period of 'five years from the
confirmation of the original assessment, and for such longer
period as may be required to collect in due course of law
any new assessment ordered by the common council within
that period.
^clea" and ''mode ^ ^^^ ' ^^ '^"^ ^^^ ^^^® ^^^ commissioncrs of the board of
fiiung the same, public works, or either of them, are specially interested in
any special assessment about to be levied, the commission-
ers or commissioner so interested shall be disqualified from
serving in that particular case. Any vacancy occasioned in
this manner, or by the absence, iiiability or refusal to serve
of any commissioner, may be filled by appointment by the
mayor. The special commissioner so appointed shall be
allowed two dollars per day for his actual services, and shall
be sworn in the same manner as the other commissioners.
§ 38. Should the board of public works report to the
common council at any time in favor of any prpposed im-
provement of the Chicago river, or either of its branches, or
any part or parts of the same, and at the same time recom-
mend that the expense thereof be defrayed by a general tax
upon all the taxable property in the city, it shall be lawful
for the said common council to levy such a tax ; and in such
case the amount required to be raised shall be assessed upon
the whole taxable real and personal property in the city,
and be included in the general tax levy of the succeedino-
year under the head of "Permanent Improvement Tax."
Wharves— repair § 39. The cost and cxpcuse of Constructing or repairino-
*'^- wharves, and shps at the ends of streets, of the cleaning
of streets, alleys, lanes, and highways, and of ordinaiy re-
pairs upon the same, of purchasing public squares or parks
and improving the same, of all improvements at the inter-
sections of streets or alleys, or of streets and alleys, (except-
ing sidewalks and acra or street walls,) of the repair of pub-
lic buildings belonging to the city, of the construction of
cross M^alks, and of all bridges and other improvements not
enumerated in (he first section of this chapter, shall be
chargeable upon, and paid out of, the general fund, or other
appropriate fund of said city not raised by special assess-
ment.
§ 40. Whenever any number of persons shall agree to
CITIES. 95
secure to the board of public works the full expense of con-
structing any bridge, the common council may, in their dis-
cretion authorize the persons 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 en-
tire charge and sujDerintendence of such work, and the plans
for the same shall be subject to their approval.
§ 41. Any person or persons, who shall injure or destroy mjury or des-
any bridge, the construction of which may have been here- bridges!
tofore or may be hereafter authorized or permitted to be
built by the common council, or any public buildings or
other property belonging to said city, or shall cause or pro-
cure the same to be injured or destroyed, or who shall wan-
tonly spoil, or damage any street, alley, sidewalk, public
square or ground, shall be subject to a penalty not exceed-
ing iive hundred dollars for each offense, to be recovered
by the city in an action of debt, and may be imprisoned for
a term not exceeding six months, in the discretion of the
court before whom such conviction may be had, and such
person or persons shall also be liable in a civil action at the
suit ot the city for the damages occasioned by such hijary or
destruction.
§ 42, Upon the petition of a majority of the owners of width of Michi-
lots upon Michigan avenue, lying between Washington ^'*"*'^^°"-
street and the north line of a short street running from Mich-
igan avenue to lake Michigan, on the north line of block
twenty-three, in fractional section fifteen, addition to Chi-
cago, it shall be lawful for the common council to increase
the width of said avenue thirty-six feet upon the east line
thereof, from the north line of Kandolph street to the north
line of the short street running from Michigan avenue to
lake Michigan, on the north line of block twenty-three, in
fractional section fifteen, 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 necessary for this purpose.
Said council shall grade the increased width aforesaid to a
line of the present level of said street or avenue, and devote
twenty feet of said width to the present road bed, graveling
the same as the present road bed is graveled, and upon the
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 andj substantial iron fence, along the whole
line aforesaid. The said common council, to defray the ex-
pense of said improvement, are hereby authorized to have
the same assessed by the board of public 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-thii'd shall
be paid out of the treasury of the city.
96 CITIES.
Illinois Central § 43. ]No encroachment shall be made upon the land or
Sgl Me^. water, west of a line mentioned in the second section of an
nue. ordinance concerning the Illinois Central Kailroad, (which
line is "not less than four hundred feet east from the west
line of Michigan avenue, and parallel thereto,") by any
railroad company, nor shall any cars, locomotives, engines,
machines or other things belonging to any railroad or trans-
portation 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 south of Madison*
street, nor shall the city council ever allow any encroach-
ments 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 by bill or petition in chancery in his or their
own name, or otherwise, enforce the provisions of said ordi-
nance, and of this section, and recover such damages for
any such encroachment or violation, as the court shall deem
just; the State of IlKnois by its canal commissioners having
declared that the public ground east of said lots should for-
ever remain open and vacant, neither the common council
of the city of Chicago, nor any other authority shall ever
have the power to permit encroachments thereon without
the assent of all the persons owning lots or land on said
street or avenue.
^SoBcemtog § ^^- All provisions of former acts relating to the levy-
—'- mg of special assessments in the city of Chicago are hereby
repealed: Provided^ hmvever, that the city shall have the
right to continue and complete all proceedings commenced
under any former law or ordinance, and shall have and
enjoy all the rights accrued or to accrue thereunder, the
same as if said provisions remained in full force and efiect.
assessmentg.
CHAPTER VIII,
OF TAXATION.
1.
The common council shall have power, within the
city, by ordinance:
■"cuyex'pefser' ^ ■^'''''^'^- ^o aunually levy and collect taxes, not exceeding
four and a half nulls on the dolhir, on the assessed value of
all real and ])ersonal estate, in the city, made taxable by the
laws of this State, to defray the contingent and other expen-
ses of the city, not herein' otherwise specially provided for,
which taxes shall constitute the general fund.
chooitax. Second. To annually levy and collect a school tax, not
exceeding two mills on the dollar, on all taxable real and
personal estate, to meet the expenses of purchasing grounds
CITIES. df
for school houses, and building and repairing school houses,
and supporting and maintaining schools.
Third. To annually levy and collect a tax, not exceeding PoUce tax.
two mills on the dollar, on all taxable real and personal
estate, for the police expenses of said city.
Fourth. To annually levy and collect a tax, not exceeding Reform Bchooi
one mill on the dollar, on all taxable real and personal
estate, for the support of the reform school.
Fifth. To annually levy and collect a tax, not exceeding Tax for Ughting
two mills on the dollar, on all taxable real and pergonal "'^'
estate, to defray the expense of lighting the streets in said
city._
jSixth. To annually levy and collect a tax of sufficient Tax for sewerage
amount, on all taxable real and personal estate, to pay the
interest accruing on the sewerage debt, and provide a sink-
ing fund for the liquidation of said debt, and to maintain
the sewerage works and keep the same in repair.
Seventh. To annually levy and collect a tax of sufficient t*'' f"' J°i""*
Till 1 1 ^'^ '^''y ^^hi.
amount on ail taxable real and personal estate, to meet the
interest accruing on the general bonded debt of said city,
and also to provide for the interest accruing upon the water
loan bonds, in case the revenue from the water works should
be insufficient to pay the same.
Eighth. To annually levy and collect a tax, not exceed- ^ax fo^^.e'"^^^^
ing two and a half mills on the dollar, on all taxable real ings.
and personal estate, when required, for the erection of a
city hall, markets, bridewell or house of correction, or other
public buildings, the purchase of grounds therefor, or for
pablic squares or parks, the building of bridges, improve-
ment of the river and harbor, or any other permanent
improvement: Provided., that no tax shall be levied under
this clause, unless a raajoritj of all the aldermen elected
shall vote in favor of the same.
Ninth. To annually levy and collect a tax of sufficient Tax for payment
amount, on all taxable real and personal estate, when re- traded. *
quired, to pay any debt that may have been contracted for
money borrowed, during the preceding year, to provide for
the expense incurred in making any public improvement
caused by any casualty or accident happening after the
making of the annual appropriation for such year, or to
pay any judgment that may have been recovered against
the city and paid during such previous year.
§ 2. The common council shall also annually levy and sinking fund
collect a tax of one mill on the dollar on all real and personal
estate in said city, made taxable bv the laws of this State,
to provide a sinking fund for the liquidation of the general
bonded debt of said city, which amount shall be invested in
the purchase of the bonds of said city, if they can be pur-
chased upon satisfactory terms. All city bonds so purchased
shall be immediately retired and canceled.
-8
98 CITIES.
t
Boad labor. § 3. The provision heretofore in force, requiring every
male resident of the cit j, over the age of twenty-one years, •
and under the age of sixty years, to labor three day;; in
each year upon the streets and alleys, or to commute there-
for at the rate of fifty cents for each day's labor, is hereby
abolished.
Taxation on im- § 4. All improvements on any school or canal lands or
proTements. j^^^^ ^^^ ^ll improvements on the wharfing privileges in
said city, together with the interest of the lessees or occif-
pants in the premises, whether by lease, covenant, or deed,
shall be subject to taxation, as real estate. And the personal
property of the owner of such improvements, shall be liable
for such taxes, and upon a failure to pay the same, the col-
lector may levy upon and sell the goods and chattels of such
occupant, or lessee, for the payment thereof and costs.
And in case such lessee or occupant shall have no personal
estate, and neglect to pay the taxes, the interest of such
lessee or occupant in such premises, together w^ith the
improvements, may be sold as real estate : Provided^ the
purchaser shall acquire no greater rights in the land than
the tenant or occupant thereof had, but shall take the same
subject to all the covenants and agreements in relation
thereto.
Tax upon insu- § 5. All corporatlous, compauics or associations, not
ranee compa- jjjQQj.p^j.j^t;g(j uudcr the laws of this State, engaged in said
city in effecting fire, marine, or lile insurance, shall pay to
the city treasurer the sum of two dollars upon the hundred
dollars, and at that rate upon the amount of all premiums,
which, during the half year ending on every first day of
July and January, shall have been received or have been
agreed to be paid for any insurance efi'ected or agreed to be
effected in said city, by or with such corporations, companies
or associations respectively. Every person who shall act in
said city as agent, or otherwise, for or on behalf of any
such corporation, company or association, shall, on or before
the fifteenth day of July and January in each year, rendei*
to the city comptroller a full, true and just account, verified
by his oath, of all premiums which, during the half year
ending on every first day of July and January preceaing
such rej3ort, shall have been received by him or any other
person for him, or shall have been agreed to be paid, for or
in behalf of any such corporation, company or association,
and shall specif}^ in said account the amounts received for
tire, marine, and life insurance respectively. Said agents
shall also pay over to the city treasurer at the time of ren-
dering the aforesaid account, the amount of I'ates for which
the company or companies represented by them are sever-
ally chargeable by virtue hereof If such account be not
rendered on or before tlie day hereinbefore designated for
that purpose, or if the said rates shall remain unpaid after
that day, it shall be unlawful for any corporation, company
CITIES. 99
or association so in default, to transact any business of insu-
rance in said citj, until the said requisitions shall have been
fully complied with : but this provision shall not relieve any
company from the payment of any risk that may be taken
in violation hereof. Any person or persons violating any
of the provisions of this section shall be subject to indict-
ment, and upon conviction thereof in any court of compe-
tent jurisdiction, shall be fined in any sum not exceeding
one thousand dollars, or imprisoned not exceeding six months
or both, in the discretion of the court. Said rates may also
be recovered of such corporation, company or association,
or its agent, by action in the name and for the use of said
city as for money had and received for its use.
§ 6. The comptroller shall keep three separate accounts Comptroller's ac-
of the moneys received from said insurance agents, one of surrnce^agenr/.
which shall embrace all rates collected on premiums for fire
insurance, the second all rates collected on premiums for
marine insurance, and the third all rates collected on premi-
ums for life insurance. The fire insurance rates shall be
used only for the purpose of promoting the efficiency of the
fire department of said city, and providing a fund for the
relief of disabled firemen ; the marine insurance rates shall
be exclusively appropriated to the improvement of the river
and harbor; and the life insurance rates to such sanitary
measures as may be deemed necessary for the promotion of
the public health.
§ 7. Sections six, seven, eight and nine, of an act approved ^jo^i^^,"^'* ''*°*"
June 21st, 1852, and entitled " An act to incorporate the tion.
Firemen's Benevolent Association and for other purposes,"
and all other acts and parts of acts, so far as they require
any individual, association or corporation engaged in the
business of insurance, or any agent thereof, to pay any
money to said firemen's benevolent association upon their
business profits or premiums, are hereby repealed. >
CHAPTER IX.
COLLECTION OF TAXES AND ASSESSMENTS.
§ 1. The assessors shall, immediately after their ap-
pointment in each year, proceed to examine and determine
the valuation of the taxable real and personal estate in their
respective divisions. Schedules of all the taxable real es- scheduiet.
tate in the several divisions shall be furnished by the city
clerk, to aid them in the performance of their duties, upon
which they shall enter their valuations. Said appraisal,
together with their appraisal of all the personal estate taxa-
ble in said city, shall be completed and filed in the office of
the city clerk, on or before the first Monday of August in
each year, unless further time shall be granted by the com-
100 CITIES.
mon council; and when so completed and filed, the said as-
sessors shall fix upon a day for hearing objections thereto,
and the city clerk shall give notice of the time and place of
such hearing, by six days' publication thereof in the corpo-
objections to as- ratiou newspapcr. Any person feeling as-grieved by the as-
sessment or his property, may appear at the time specmed
and make his objections.
§ 2. The said assessors shall meet at the time and place
designated, to revise and correct their assessments. They
shall hear and consider all objections which may be made,
and shall have power to supply omissions in their assess-
ment, and for the purpose of equalizing the same, to alter,
add to, take from, and otherwise correct and revise the
same. The said assessors may, if necessary, adjourn from
time to time, until their revision shall have been completed.
^Mcord "*' *°*^ § ^" ^li6n said revision shall have been completed, the
city clerk shall enter, under the direction of said assessors,
in one or more books to be prepared for that purpose, a com-
plete list of all the taxable real estate in said city, according
to the schedules as returned and revised by the assessors,
showing in a proper column, to be ruled for that purpose,
the names of the different owners, so far as known to the
said assessors, and in another column the amount of the val-
uation made in each ease. Said books shall also have ruled
therein an appropriate column for extending or inserting
the amount of the taxes which may be levied upon said
property. Said book or books shall together constitute the
tax list of real estate for such year. The city clerk shall
also enter, under the direction of said assessors, in another
book, to be prepared for that purpose, a complete list of the
taxable personal estate in said city, as returned and revised
by said assessors, showing in the proper column the names
of the difi'erent peisons whose property has been assessed,
and in other columns the valuations made by the assessors.
Said book shall also have ruled therein an appropriate col-
umn for extending or inserting the amount of the taxes
which may be levied thereon. Said book shall constitute
the personal tax list for such year. The clerk shall add up
the valuations in each list, and the aggregate amount thereof
shall be entered by him at the foot of the appropriate col-
umn on the last page. When the said tax lists shall have
been so cojnpleted, they shall be signed by the said asses-
sor8*and left in the custody of the city clerk, and shall con-
stitute the onl}' record to be referred to in any case in which
their said assessments may be drawn in question.
^coYncii''^ ^^^ § '^' "The common council shall thereupon, by an ordi-
nance or resolution, levy such sum or sums of money as may
be sulficient for the several purposes for which taxes are
herein authoi'izcd to be levied (not exceeding the authorized
percentage,) particularly specifying the purpose for which
the same are levied.
orriES. 101
§ 5. It shall be the duty of the city clerk to estimate the 9^'K!* ':?"*"*
o 1 • 1 1 1 "^ • 1 .1 to the collector.
several taxee levied by the common council, computing them
together as one tax, and to insert the total amount of such
taxes in the appropriate column of the several tax lists, op-
posite to the person or property chargeable therewith.
When completed the city clerk shall attach to each of said
tax lists a warrant, under the corporate seal, to be signed
by the mayor, comptroller, and city clerk, directed to the
collector, commanding him to make, levy and collect, as the
taxes for such year, the several sums of money set opposite
to the real and personal estate of persons in said tax lists
mentioned or described, of the goods and chattels of the re-
spective owners of such real and personal estate ; which
warrants shall also designate the names and rates of the
several taxes included therein.
§ 6, Said tax lists, with the warrants attached, shall be Process for cou
delivered to the collector by the comptroller, on or before ^^'^'''°''-
the last day of October in each year, and shall constitute
the only process necessary to be issued for the collection of
the annual taxes. The comptroller shall take a receipt from
the collector for the said tax lists, specifying the amount of
the taxes levied in each list.
§ 7. When any special assessment shall have been con-
firmed by the common council, and no right of appeal there-
from is given by this act, it shall be the duty of the city
clerk to issue a warrant for the collection thereof, which
shall be under the corporate seal and signed by the mayor,
comptroller, and city clerk, and shall contain a copy of the
assessment roll as confirmed by the common council, or so
much thereof as describes the real estate assessed and (he
amoant of the assessment in each case. If the right of ap-
peal from the order of confirmation should exist in any case,
said warrant shall not be issued until the expiration of the
time limited for the taking of such appeal ; and if in any
case an appeal should be actually taken, the issuing of the
warrant shall be delayed until after the determination of
such appeal.
§ 8. All warrants issued for the collection of special as- warrants for spe.
sessments, shall be delivered by the comptroller to the col- "^^^^ ^«^««»"'«°*»
lector, taking his receipt therefor in the manner prescribed
in the case of warrants for the collection of the annual
taxes.
§ 9. Upon the receipt of any warrant for the collection Notice of taxes
of the annual taxes, or any special assessment, the collector nTent tlblreo^f*^'
shall forthwith give notice, by ten days' publication in the
corporation newspaper, that such warrant is in his hands for
collection, briefly describing its nature, and requesting all
persons interested to make immediate payment at his office,
and that in default thereof the same will be collected at the
cost and expense of the persons liable for the payment of
such taxes or assessments. Immediately after receiving the
102
CITIES.
Publication
newspaper.
Taxes to be lien
personal property tax list, he shall notify all persons through
the post office of the amount of their personal property tax.
i° In the notice to be published in the corporation newspaper
he shall notify all parties interested that after the expira-
tion of sixty days from the day of receiving said list, he will
levy upon the personal property of all who shall have failed
to pay ; and, at the end of sixty days, he shall so levy, if
property belonging to such delinquent persons can be found ;
and he shall be liable for the amount of their tax in case of
neglecting to do so. Where persons cannot be found, or
property belonging to them, out of which to make the tax,
the collector shall advertise their names and call for informa-
tion concerning them and their property, and state the
amount of their tax in the corporation newspaper ; and this
tax shall be a lien upon any property they may have or may
thereafter acquire, until paid ; and the collector, or his suc-
cessor in office, may at any time thereafter levy for the
same. But nothing in this section contained shall be so
construed as to prevent the collector from levying at any
time after the publication of the ten days' notice above re-
quired.
§ 10. All taxes levied by the common council under this
act, shall be a lien upon the real estate on which the same
may be imposed, and said lien shall continue until said taxes
are paid. Every person owning real property on the iirst
day of May, including all such property purchased on that
day, shall be liable for the taxes thereon for that year. The
city taxes shall also be a lien on the personal property of ail
persons owing taxes, from and after the delivery of the war-
rant for the collection thereof to the collector; and no sale
or transfer of said propert}'- shall affect the lien, but the said
property may be seized by the collector wherever found,
and removed, if necessary, and sold to discharge the taxes
of the person owing the same ; and the same proceedings
may be resorted to by the collector upon any warrant issued
for the collection of a special assessment.
§ 11. If, from any cause, the taxes charged in the real
estate tax list shall not be collected or paid on the lands or
lots described therein, on or before the first day of January
ensuing the date of the warrant, it shall be the duty of the
collector to demand and collect, for the use of said city, in
addition to the taxes remaining unpaid, five per cent, dama-
ges thereon in every case ; and if the assessments charged
in any special assessment warrant shall not be paid within
sixty days after the first publication of notice by the collec-
tor that he has received such warrant for collection, the as-
sessments then remaining unpaid shall be collected with
damages at the rate of one per cent, thereon for each and
every month thereafter until the same shall be paid.
^o"tax°c3''un''aid ^ "^^- ^^ ^^^'^^^ ^-*^ ^^^^ ^^"^^' *-*^ ^^^ collcctor, betwccn the
and jndgmenis. fifteenth day of January and the last day of February in
Collection
CITIES. 103
each year, to make report, to some com-t of general jm-isdie-
tion held in'said city, at any special or general term thereof,
of all the taxes and assessments then remaining unpaid upon
the real estate tax list, and all special assessment warrants
which were delivered to him on or before the last day of the
preceding October, asking for judgment against the several
lots and parcels of land, or other property described in such
list or warrants, for the amount of taxes, assessments, dam-
ages and costs respectively due thereon. The collector shall
give notice, by six days' publication thereof in the corpora-
tion newspaper, of his intended application for judgment,
which shall briefly specify the nature of the respective war-
rants upon which such application is to be made, and request
all persons interested to attend at such term. The advertise-
ment so published shall be deemed and taken to be sufficient
and legal notice of the aforesaid intended application by the
collector to such court for judgment, and shall be held a suf-
ficient demand and refusal to pay the said taxes and assess-
ments.
§ 13. The collector shall obtain a copy of the advertise- Advertisement,
ment or advertisements referred to in the preceding section,
together with a certificate of the due publication thereof,
from the printer or publisher of the newspaper in which the
same was published, and shall file the same with the clerk
of such court at the said term, with said reports.
§ 14. The clerk of said court upon the filing of such re- suits in court,
ports by the collector, shall receive and preserve the same,
and shall record thereon all judgments, orders and other
proceedings of said court in relation thereto. Each of said
reports shall constitute a separate suit, and shall be docketed
by the clerk in the following form as nearly as may be, to-
wit :
City of Chicago, )
vs. > Suit for Taxes.
AND OTHEES. )
Or if it be an assessment for some specified improvement,
in the manner following:
City of Chicago, )
vs. > Suit for Assessment on warrant for —
AND OTHERS. )
Or in such other manner as will sufficiently indicate the na-
ture of the improvement for which the assessment is due.
§ 15. It shall be the duty of the court, upon the filing of Judgment of the
said reports to proceed immediately to the hearing of the ''''"'■'•
same, and they shall have priority over all other causes pend-
ing in said court. The said court shall pronounce judgment
against the several lots and parcels of land or other proper-
ty described in said reports, for which no objections shall be
filed, for the amount oi the tax or assessment, damages and
104: CITIES.
costs due severally thereon. The owner of any property
described in said reports, or any person beneficially inter-
ested therein, may appear at said court, at the time designa-
ted in the collector's notice, and file objections in writing to
the recovery of judgment against such property ; but no ob-
jection shall be sustained founded on any mere formal irreg-
ularity or defect. The court shall hear and determine all
objections in a summary way, without pleadings , and shall
dispose of the same with as little delay as possible, consis-
tently with the demands ol public justice. But should jus-
tice require that for any cause the suit as to one or more
owners should be delayed for more than twenty days, judg-
ment shall then be rendered as to the other property and
lands, and process shall issue for the sale thereof, the same
as in all other cases.
"fa,uft"and aJk of § ^^- ^^ ^^^ cascs whcro judgment shall be rendered by
property. dctkult agaiust the property described in said reports, the
court shall thereupon direct said clerk to make out and enter
an order for the sale of the same, which said order shall be
substantially in the following form :
"Whereas due notice has been} given of the intended ap-
plication for a judgment against said lands and other proper-
ty, and no owner hath appeared to make defense or show
cause why judgment should not be entered against the said
lands and other property for the taxes, (or assessment, as
the case may be,) damages and costs due and unpaid there-
on; therefore, it is considered by the court, that judgment
be and is hereby entered against the aforesaid lots and par-
cels of land and other property, in favor of the cit}' of Chi-
cago, for the sum annexed to each lot or parcel of land or
other property, being the amount of the taxes, (or assess-
ment,) damages and costs, due severally thereon ; and it is
ordered by the court that the said several lots and parcels of
land or other property, or so much thereof as shall be sufii-
cient, of each of them, to satisfy the amount of the taxes,
(or assessment,) damages and costs annexed to them sever-
ally, be sold as the law directs."
In all cases where a defense shall be interposed, and judg-
ment shall be rendered against the property, a similar order,
adapted to the circumstances of the case, shall be made out
and entered of record. Ten cents costs shall be taxed
to each lot against which judgment is rendered ; five cents
to be lor clerks' and judges' fees, and five cents for adver-
tising the notice of sale.
§ 17. It shall be the duty of the clerk of such court, within
twenty days after such order is granted as aforesaid, to make
out under the seal of said court a copy of so much of said
collector's report in such case as gives a description of the
land or other property against which judgment shall have
been rendered, and the amount of such judgment, together
CITIES.
105
with the order of the court thereon, which shall constitute
the process on which all lands, lots, sub-lots, pieces and
parcels of land or other property, shall be sold for the
amount of any taxes, assessments, damages and costs so
levied, assessed or charged upon them ; and the said city
collector is hereby expressly authorized and empowered to
make sale of such lands, lots, pieces, or parcels of land,
or other property, upon ten days' notice, to be published
at least three times in some newspaper printed in said
city.
§ 18. The said advertisement so to be published in each List of delinquent
case of a judgment upon any special or general collection 'o«8 and lands,
warrant and report as aforesaid, shall contain a list of the
dehnquent lots and parcels of land or other property to be
sold, the names of the owners if known, the amount of the
judgments rendered thereon respectively, and the warrant
upon which the same was rendered, the court which pro-
nounced the judgment, and a notice that the same will be
exposed to public sale at a time and place to be named m
said advertisement by said collector. The omission of the
name of any owner, or any mistake respecting the same, shall
not invalidate the sale, if the property be otherwise described
with sufficient certainty. The proceedings may be stopped
at any time upon payment of said judgment to the collec-
tor,
§ 19. In all proceedings and advertisements for the col-
lection of such taxes and assessments, and the sale of lands
therefor,, letters and figures may be used to denote lots, sub-
lots, Jandsand blocks, sections, townships, ranges, and parts
thereof, the year and the amounts.
§ 20, The sale shall be made for the smallest portion of Manner of ma-
ground, (to be taken from the east side of the premises,) for ''"'^ '*'*•
which any person will take the same and pay the amount
of the judgment thereon. Certificates of sale shall be made
and subscribed by the collector, which shall be delivered to
the purchaser, which certificates shall contain the name of
the purchaser, a description of the premises sold, the amount
of the tax or assessment, with the amount of the judgment
for which the same was sold, and the time when the right
to redeem will expire. The collector shall continue such
sale from day to day, until all the lots or parcels of land or
other property contained in his precept, on which judgment
remains unpaid, shall be sold or offered for sale.
§ 21. The person purchasing any lot or parcel of land gaie of property
or other property, shall forthwith pay to the collector the ^° ^^^ "^^■
amount of the judgment due thereon, and on failure so to
do, the said property shall be again ofi'ered for sale in the
same manner as if no such sale had been made; and in no
case shall the sale be closed until payment shall have been
made. If no bid shall be made for any parcel of land, or
other property, the same shall be struck off to the city ; and
—9
Wb CITIES.
thereupon the city shall receive, in the corporate name, a
certiiicate of the sale thereof, and shall be vested with the
same rights as other purchasers at such sales.
Record of sales. g 22. The coUector shall make return of his precept to
the court from which the same was issued. A record of all
sales made by the collector shall be kept in the office of the
comptroller, which shall be open to public inspection at all
reasonable times ; and said record, or copies thereof certified
by said comptroller, shall be deemed sufficient evidence to
prove the sale of any land or other property for taxes or as-
sessments, or any other fact authorized to be recorded
therein.
Right of redemp- § 23. The right of redemption in all cases of sales for
"""• taxes or assessments, shall exist to the owner, his heirs,
creditors, or assigns, to the same extent as is allowed by law
in the case of sales of real estate for taxes, on the payment,
in lawful money of the United States, of double the amount
for which the same was sold, and all taxes accruing subse-
quent to the sale, with interest at the rate of ten per cent,
per annum. If the real estate of any infant, femnie covert^
or lunatic, be sold under this act, the same may be redeemed
at any time within one year after such disability shall be
removed. Redemption shall be made by the payment of
the amount of redemption money to the treasurer and taking
his voucher therefor, and filing the same in the office of said
comptroller, who shall thereupon note the fact of said re-
demption upon his record of sales ; or, any person holding
a certificate of sale may surrender the same to the comp-
troller to be canceled, and the fact shall in like manner be
noted upon said record. Upon the return of the certificate,
or proof of its loss, and the tiling with the comptroller of
the affidavit required by the constitution of this State, if the
property shall not have been redeemed according to law, a
deed shall be executed to the purchaser or his assignee, un-
der the corporate seal, signed by the mayor, comptroller and
clerk, conveying to such purchaser or assignee the premises
so sold and unredeemed, as aforesaid. A memorandum of
all deeds so made and delivered shall be entered by the
comptroller in the book wherein tax sales are recorded; and
a fee of one dollar may be charged by the comptroller for
every deed so issued.
Assigumeot of § 21. Such Certificate of purchase shall bc assignable by
purchase. endorsement, and an assignment thereof shall vest in the
assignee, or his legal representf tives, all the right and title
of the original purchaser.
§ 25. Whenever it shall appear to the satisfaction of the
comptroller, before the execution of a deed for any j^roper-
ty soki for taxes, that such property was not subject to taxa-
tion, or that the taxes had been paid previous to the sale, he
shall make an entry opposite to such property on his record
of sales, that the same was sold in error, and such entry
CITIES. 107
shall be evidence of the fact therein stated ; and this pro-
vision shall apply, so far as the same is applicable, to all
sales for special assessments.
§ 26. . All deeds made to purchasers, of lots, lands or Deeds to be evi-
other property sold for taxes or assessments, shall hQ prima t^atlon, etc! *'
facie evidence, in all controversies, and snits, in relation to
the right of the purchaser, his or her heirs or assigns, to the
premises thereby conveyed, of the following facts :
J^irst. 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.
Secoyid. That the taxes or assessnaent^ were not paid at
any time before the sale.
Third. That the land or lot conveyed, had not been re-
deemed from the sale at the date of the deed ; and shall be
conclusive evidence of the following facts :
I'irst. 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 assess-
ments, as stated in the deed.
Third. That the grantee, in the deed, was the purchaser.
Fourth. That the sale was conducted in the manner
required by law. And in all controversies, and suits, invol- ^'Itie. '""^"'^'"^
ving the title to the lot or 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 the said title, either that the
land or lot was not subject to taxition, at the date of the
sale ; that the taxes or assessments had been paid ; that the
land or lot had never been listec and assessed for taxation
or assessment, or that the same had been redeemed accord-
ing to the provisions of this act ; and that such redemption
was made for the use and benefit of the persons having the
right of redemption, under the laws of this State ; but no
person shall be permitted to question the title acquired by
the said deed, without first showing that he, she, or they, or
the person under whom he, she, or they claim title, had title
to the land or lot 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 lot or land, have been
paid, by such persons, or the person under whom he claims
title as aforesaid ; and no deed of land or other property
sold for the non-payment of taxes or assessments, shall be
questioned in any suit or controversy, unless the person
wishing to contest the same, shall have tendered or depos-
ited the amount of the redemption money and interest, as
now provided by the laws of this State, in case of sales of
real estate for taxes.
§ 27. Any change made in the incumbent of the office
of the collector during the pendency of any such proceed-
108 CITIES..
ings, shall not operate to affect or delay the same, but the
successor or successors in office of such collector shall be
authorized to do all acts necessary to complete such proceed-
ings the same as if his predecessor had continued in office.
^lectw's office"^ ^^ ^^^^ ^^ ^ vacaucy occurring in any such office, the pro-
ceedings shall be prosecuted by the comptroller until such
vacancy is filled by election or otherwise.
§ 28. All sales of property for the non-payment of taxes
and assessments, for any improvement of what kind soever,
Time of holding shall be held at the same time with the general sale of prop-
erty for non-payment of city taxes in each year, unless in
particular cases said sale is stayed or delayed by examina-
tion or process of law ; the intent hereof being that there
shall be but one general collection by sale, of all taxes and
assessments whatsoever in each and every year ; which sale
shall take place in the manner hereinbefore provided and
at the same time in each year : Provided, That in all cases
where judgment shall be delayed in consequence of any
appeal, or the delay of any court, in rendering its decision,
such sales may be made at any time after final judgment
shall have been rendered, upon notice to be given as in
other cases.
Penalty for offi- § 29. Any as88SSor, collector, or other officer, who shall
ciai negligence. -^^ ^^^ ^^^^ rcfusc or kuowiugly ucglcct to perform any duty
enjoined upon him by this chapter, or who shall consent to,
or connive at, any evasion of its provisions, whereby any
proceeding required by this chapter shall be prevented or
hindered, shall, for every such neglect or refusal, be liable
to said city, individually and upon his official bond, for
double the amount of loss or damage caused by such neg-
lect or refusal, to be recovered in an action of debt, in any
court having jurisdiction of the amount thereof.
Irregular sales. § 30. No asscssmeut of property, or charge for taxes or
assessments thereon, shall be considered illegal on ac.ount
of any irregularity or informality in the tax lists or assess-
ment rolls, or on account of the assessment rolls or tax list
not being made, completed, or returned within the time
required by law, or on account of the property having been
charged or listed in the assessment or tax list without name,
or in any other name than that of the rightful owner ; and
no error or informality in the proceedings of any of the
officers entrusted with the levying and collection of taxes
or special assessments, not affecting the substantial justice
of the tax or assessment itself, shall vitiate or in any way
affect the tax or assessment.
Second sale of § ^^' ^^ ^^^.Y purcliascr of lauds, lots, or other property,
land for taxeo. sold for city taxcs Or assessments, shall suffer the same to
be again sold for like taxes or assessments, before the expi-
ration of two years from the date of his or her purchase,
such purchaser shall not be entitled to a deed for the prop-
erty until the expiration of two years from the date of the
CITIES. 109
second sale ; during which time the land, lot, or other prop-
erty shall be subject to redemption, and the person redeem-
ing shall only be required to pay for the use ot the purchaser
at the first sale, the amount paid for the property, and dou-
ble the amount paid by the second purchaser, for his use,
as in other cases.
CHAPTER X.
THE POLICE DEPARTMENT.
§ 1. There is hereby established an executive depart-
ment of the municipal government of said city, to be known
as the board of police. Said board shall consist of three
commissioners, in addition to the mayor, who shall be
ex officio a member thereof, to be chosen in the manner ^o^rd of pouee
1 '*;,/> •11 1 •■, (••11 1111 commissioners.
herembeiore prescribed ; and a majority oi said board shall
constitute a quorum for the transaction of business.
§ 2. The said board shall appoint one of their own num-
ber to act as president, and some other person to act as sec-
retary ; and the secretary shall receive such annual salary
as may be determined upon by the board of police.
§ 3, Before entering on the duties of their office said oath.
commissioners shall take an oath to obey the constitution
and laws of this State, and faithfully to perform the duties
of their said office, the certificate of which oath shall be
filed in the office of the city clerk. Each of said commis-
sioners, before entering on the duties of his office, shall also
give a bond to said city in the sum of twenty-five thousand
dollars, with sureties to the satisfaction of the judge of the
circuit court of Cook county, conditioned for the faithful
discharge and performance of his duties as such commis-
sioner ; and that he will well and truly account for and 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 expiration or other termination of his
term of office.
§ 4. Said board shall assume and exercise the entire Powers,
control of the police force of said city, and shall possess full
power and authority over the police organization, govern-
ment, appointments, and discipline within said city. It shall
have ttie custody and control of all public property, books,
records and equipments belonging to the police department,
and shall have power to erect and maintain, under the gen-
eral laws of the State relating to telegraph lines, all such
lines of telegraph in such places within the said city, as for
purposes of police, the board shall deem necessary, when-
ever the common council shall authorize the establishment
of such telegraph line or lines.
CITIES.
Qualifications of
superintendent
and policemen.
§ 5. It shall be the duty of the board of police hereby
constituted, at all times of the day and night within the
boundaries of the said city of Chicago, to preserve the pub-
lic peace, to prevent crime and arrest offenders, to protect
rights of person and property, to guard the public health,
to preserve order, to remove nuisances existing in public
streets, roads, places and highways, to provide a proper po-
lice force at every fire, in order that thereby the firemen
and property may be protected, to protect strangers and
travelers at steamboat and ship landings, and railway sta-
tions, and to obey and enforce all ordinances of the common
council within the city which are applicable to police or
health. Whenever any crime shall be committed in said
city, or within the county of Cook, and the person or per-
sons accused or suspected of being guilty shall flee from jus-
tice, the said board of police may, in their discretion, author-
ize any person or persons to pursue and arrest such accused
or suspected person or persons, and return them to the
proper criminal court, having jurisdiction of the ofi:ense, for
trial.
§ 6. The duties of the police force shall be executed un-
der the direction and control of said board, and according to
rules and regulations which it is hereby authorized to pass
from time to time, for the more proper government and dis-
cipline of its subordinate officers and the police force of said
city. The said police force shall consist of a superintend-
ent of police, three captains of police, six sergeants, ninety
police patrolmen, and as many more police patrolmen, ser-
geants and deputy superintendents as may be authorized by
the common council on the application of the board. The
said offices hereby created shall be severally filled by ap-
pointment in the mode prescribed by this act, and each per-
son so appointed shall hold office only during such time as
he shall faithfully observe and execute all the rules and reg-
ulations of the said board, the laws of the State, and the
ordinances of the city.
§ Y. The qualifications, enumeration and distribution
of duties, mode of trial and removal from ofiice, of each offi-
cer of said police force, shall be particularly defined and
prescribed by rules and regulations of the board of police :
Provided^ howei)er, that no person shall be appointed to or
hold the office of superintendent of police without the advice
and consent of the common council to every such appoint-
ment ; nor shall any person be appointed to or hold office in
the police force aforesaid, who is not a citizen of the United
States, or who -shall not have resided within the State of
Illinois two years next preceding his appointment, or who
shall ever have been convicted of crime: And provided^
that no person shall be removed therefrom except upon
written charges preferred against him to the board of police,
and after an opportunity sliall have been aftbrded him of
CITIES. Ill
being heard in his defense; but the board of police shall
have power to suspend any member of the police de-
partment of the city pending the hearing of the charges
preferred against him : And provided, that whenever any
vacancy shall occur in the office of captain of police, the
same sliall be filled by an appointment from among the per-
sons then in ofiice, as sergeants of police, and a like vacancy
in the office of sergeant of police shall be filled by appoint-
ment from among the persons then in office, as police patrol-
men,
S 8. The police commissioners shall receive such annual commissioners'
1 . T j2 T 111 J 1 J.1 and policemen's
salaries as may be fixed upon and allowed by the common salaries,
council, and no other compensation shall be paid or allowed.
The superintendent of police shall receive a salary of fifteen
hundred debars per annum. Each captain shall receive a
salary of seven hundred dollars per annum, and each ser-
geant a salary of six hundred and fifty dollars. The pay of
each police patrolman shall be at the rate of not less than
four hundred and eighty nor more than six hundred dollars
per annum. The salaries shall be paid monthly to each per-
son entitled thereto. No member of the board of police or
of the police force shall receive or share in, for his own ben-
efit, under any pretense whatsoever, any present, fee, gift or
emolument for public service, other than the regular salary
and pay provided by this section, except by the unanimous con-
sent of the board of police ; nor shall any such member receive
or share in any fee, gift or reward, from any person who
may become bail for the appearance of any arrested, accused
or convicted person, or who may become surety for any
such person on appeal from the judgment or decision of any
court or magistrate ; or any fee, gift or reward, in any case,
from any attorney at law, who may prosecute or defend any
person arrested or prosecuted for any oft'ense within the
county of Cook ; nor shall any such member either directly
or indirectly interest himself or interfere in any manner
whatever in the employment or retainer of any attorney, to
aid in the defense of persons arrested or accused ; and for
any violation of either of the foregoing provisions, the officer
so ofi'ending shall be immediately removed from office,
§ 9. Any citizen of Chicago, with a view to the trial and Mode of remov-
suspension, or removal from office, of any officer or police- *°^ "^"^ °
man of the police, may, on oath, in writing, prefer or make,
before the board, charges or complaint touching the charac-
ter and competency, or affecting the acts, conduct or omis-
sions of such officer or policeman, or for violation of, or mis-
conduct as defined and prescribed by the rules and regula-
tions of the board, and said board, after reasonable notice,
not exceeding ten days, to the person charged, shall proceed
to the trial of said officer or policeman on such charges or
complaint, and shall have power to and shall issue sub-
pcenas tested in the name of the president of the board, to
112 CITIES.
compel the attendance of witnesses, to administer oaths and
affirmations, and generally shall, for the purpose of such
trial, have and exercise the powers and duties of justices of
the peace in civil cases so far as the same are appHcable,
and may make an order of removal or suspension for some
Preferring of certain pcriod. The party complaining or person charged,
c aiges. feeling aggrieved by any such order, may at once, on giving
bond to the president of the board, with security to be ap-
proved by him or the board, conditioned for the payment of
accrued and accruing costs, appeal from the order or finding
of the board, to any court of record in Cook county, (except
the county court,) which said court shall proceed to the trial
of said complaint as speedily as may be, and in preference
to other cases, and make such final order in the case as
equit}'- and justice shall require ; and said order shall be final
and conclusive without further appeal. If, on such trial,
said charges or complaints shall be sustained, such ofiicer or
policeman shall pay the costs of such proceeding and the
same may be deducted and withheld from his pay, and in
case of his suspension his pay shall also cease from the date
of the charge and during the period of suspension. If such
complaint shall be dismissed, or not sustained, then the per-
son making the same shall pay all costs. In trials under
this section the same costs shall be charged and taxed as in
trials before justices and be collected on execution, as the
case may be, from the court, or on execution to be issued
by any justice of the peace, on certificate of the same by
the board, and order for execution, said costs when collected
to be paid to the treasurer of the board for the benefit of
those concerned. But the said board shall not tax or re-
ceive any fees for themselves or for any member thereof.
Extraordinary § 1^- All rowards, focs, procccds of gifts or emolumcnts,
service and pay. that may bc allowcd by the board of police to be paid and
given tor or on account of extraordinary'- services of any
member of the poKce force, and all moneys arising from the
sale of unclaimed goods, shall be paid into the city treas-
ury and shall constitute a fund to be called the "Police Life
and Health Insurance Fund ;" and the persons who shall
from time to time fill the office of president of the board of
police and that of the comptroller of the city of Chicago,
are hereby declared the trustees of the said fund, and may in-
vest the same as they shall see- fit, either in whole or in part.
Provisions in'case § 1^' Whenever any member of the police force, in
of djsabiuty". actual performance of his duty, and in consequence of the
performance of such duty, shall become bodily disabled,
his necessary expenses during the time his disability as
aforesaid continues, may become a charge upon the fund
provided for in the preceding section, at the discretion of
said board of police. The board shall inquire into the cir-
cumstances, and if satisfied the charge upon the said fund is
correct, may order the same to be paid by the draft of the
CITIES. 113
said trustees upon the said fund, each writing his signature
thereto. But the provisions of this section shall not apply-
to special patrolmen appointed as hereinafter provided, at
the request and expense c>f private parties.
§ 12. The members of the police force of the said city ^p^uce^^ToJk
of Chicago shall possess in every part of the county of Cook, county.
all the common law and statutory powers of constables, ex-
cept for the service of civil process, and any warrant for search
or arrest by any magistrate of the State of Illinois, may be
executed in any part of the county of Cook, by any mem-
ber of the police force of the said city of Chicago, without any
backing or endorsement of the said warrant, and according
to the terms thereof. The superintendent, deputy superin-
tendent, or any captain of police having just cause to suspect
that any felony has been, or is being, or is about to be com-
mitted within any building, or on board of any ship, boat or
vessel within the said city of Chicago or county of Cook, may
enter the same at all hours of the day or night to take all
necessary measures for the effectual prevention or detection
of all felonies, and may take then and there into custody,
all persons suspected of being concerned in such felonies,
and also may, take charge of all property which he or they
shall have then and there just cause to suspect has been sto-
len. The members of said police force may also serve or
execute any process, civil or criminal, issued by the police
court of said city, or either of the justices thereof.
§ 13. If the superintendent of police shall report in ^ef andl^^sHf
writing to the board of police that there are good grounds persons charged
for believing any house or room within the said city of Chi- ^' ga™°e'« °
cago is kept or used as a common gaming house or cock
pit, and if two or more householders dwelling within the
said city, and not belonging to the police force, shall make
oath in writing before any one of the commissioners of po-
lice, to be annexed to said report, (which oath every com-
missioner of police is hereby empowered to administer,
receive and subscribe), that the premises complained of by
the superiniendent are commonly reported, and are believed
by the deponents to be kept as a common gaming house or
cock pit, it shall be lawful for any commissioner of police,
by order in writing, to authorize the superintendent, or the
deputy superintendent of police to enter upon such premises,
taking with him or them, such members of the patrol force
as shall be necessary, and if necessary, to use force for the
purpose of effecting such entry, whether by breaking open
doors or otherwise, and the said superintendent shall be
authorized to take into custody all persons who shall be
found therein, and to destroy all implements of gaming
found therein, and shall forthwith convey the person or per-
sons found therein before one of the police justices in said
city, who shall forthwith proceed to hear the proof, and if
there be probable cause for believing that such person or
114: CITIES.
persons have been guilty of any crime or misdemeanor,
then the said magistrate shall forthwith order such person
or persons to find good bail, with two householders of said
city of Chicago, as his or their sureties conditioned for his
or their appearance at the proper criminal court to answer
any indictment which may be found, and in default thereof
such magistrate shall commit such person or persons to the
county jail.
Captains of po- § 14. It is hereby made the duty of the board of police,
geants. for morc eifectually distributing and enforcing its police gov-
ernment and discipline, to divide the said city of Chicago
into precincts without regard to ward boundaries, and to as-
sign captains of police and sergeants of police to each of
said precincts, as they shall deem for the best interest of
said city. The board may from time to time establish a sta-
tion or sub-station in each precinct or division, for the ac-
commodation of the police force on duty therein. It shall
promulgate all regulations and orders through the superin-
tendent of police, and it shall be the duty of the police force
to respect and obey the said superintendent as the head and
chief of the same, subject to the rules and regulations and
general orders of the board.
speeiai police- g 15. The Said board of police is hereby authorized to
appoint persons of suitable character, who may be in the
employment of the city in other branches or departments,
special policemen : Provided^ such special policemen shall
not be paid for their services as policemen out of the city
treasury. Such policemen shall possess the same power as
the regular police patrolmen, and shall obey the rules and
regulations of the board, and conform to its general disci-
pline.
Extra police. g 16. The board of police whenever it may see fit, shall,
on the application of any person or persons showing the ne-
cessity thereof, appoint and swear any number of additional
patrol m(n to do duty at any place within the city of Chica-
go, at the charge and expense of the p( rson or persons to
whom the application shall be made, and the patrolmen so
appointed shall be subject to the orders of the board of po-
lice, and shall obey the rules and regulations of the board,
and conform to its general discipline and to such other spe-
cial regulations as may be madC; and shall wear such dress
or emblem as the board may direct, and shall, during the
term of their holding appointment, possess all the powers,
privileges and duties of the patrol force herein prescribed.
The persons so appointed may be removed at any time by
the board of police, without assigning cause therefor. The
board of police may also, upon any emergency or riot, pes-
tilence, invasion, or during any day of public election or
celebration, appoint as many special patrolmen from among
the citizens of Chicago as it may deem advisable, and for a
specified time, and during the term of service of any such
CITIES.
115
special patrolmen, they shall possess all the powers and
privileges and perform all the duties of patrolmen of the
standing police I'orce of the city.
§ 17. No member of the police force, under penalty of NoUce required
forfeiting the pay which may be due to him, shall withdraw uon.
or resign from the police force, unless he shall have given
one week's notice thereof, in writing, to the superintendent
of police ; and no person who shall ever have been removed
from the police force established by this act, for cause, shall
be re-appointed by the board of police to any office in the
said police force.
§ 18. All stolen or other property taken by the members custody of stolen
of the police force, shall be deposited and kept in a place
and by a person to be designated by the board of police ;
and in case of the neglect or refusal of any officer to so de-
posit the property taken or found upon the possession of any
person or persons arrested, he shall be subject to indictment,
and be fined in a sum not exceeding three thousand dollars,
and in no case less than the value of the property, and JDe
imprisoned in the county jail not to exceed one year, and
the sentence of the court, in such cases, ifso facto^ shall va-
cate the office of the person so convicted. Every such arti-
cle of property shall be entered in a book kept for the pur-
pose, together with the name of the owner, if ascertained,
and the name of the place where found, and of the person
from whom taken, with the general circumstances and the
date of its receipt, and the name of the officer recording the
same. An inventory of all money or other property shall
be given to the party from whom the same was taken ; and
in case the same shall not, within ten days after such arrest
and seizure, be claimed by any other person or persons, it
shall be delivered to the person from whom the same was
taken, and to no other person, either attorney, agent, factor
or clerk. In case said money or property shall, within said
ten days, be claimed by any other person or persons, it shall
be retained by said custodian, until after the discha.rge or con-
viction of the person trom whom the same was taken ; and
if such claimant or claimants shall establish to the satisfac-
tion of the committing magistrate, that he or they are the
rightful owners, the same shall be restored to him or them,
unless otherwise directed by the higher court ; otherwise,
it shall be returned to the accused personally, and not to
any attorney, agent, factor or clerk of such accused person,
after all liens or claims against the same have first been dis-
charged or satisfied. The board of police shall also cause
to be kept general complaint books, in which shall be en-
tered every complaint, -preferred upon personal knowledge
of the circumstances thereof, with the name and residence of
the complainant. It shall also cause to be kept books for
the registry of lost, missing or stolen property, for the gen- Register of stolen
eral convenience of the public and of the police force of the ^'^°^®'^ ^'
116 CITIES.
city. It shall also cause to be kept books of records where-
in shall be entered the name of every member of the police
force, with his time and place of nativity, the time and place
when he became a citizen (if he was born out of the United
States,) his age, his former occupation, number of family
and the residence thereof, the date of appointment or dis-
missal from office, with the cause of the latter, and in every
such record sufficient space shall be left against all such en-
tries wherein to make record of the number of arrests made
by such members of the police force or of any special ser-
vices deemed meritorious by the captains of police. It shall
also cause to be kept in proper books the accounts of the
board, and a record of their proceedings; and they shall
preserve and file copies of all bills audited and allowed, and
keep an accurate account of all the expenses of the police
department. The board of police shall also cause to be kept
and bound, all police returns and reports.
Provision for sta- i^ 19. Jt shall be the dutv of the board of police to pro-
tion houses and .P ,, t* • -i " -j^ n j
accommodations Vide at the expcuse 01 said City, all necessary accommoda-
tions, within such precincts, as shall be contained within the
boundaries of said city, for the station houses required by
the board of police, for the accommodation of the police
force of such precincts, for the lodging of vagrants and dis-
orderly persons and for the temporary detention of persons
arrested for offenses. It shall also be the duty of said board
of police, to furnish the same suitably, and to warm and
light the same by day and night ; and in every case of ar-
rest, the same shall be made known to the captain upon
duty in the precinct wherein such arrest was made, by the
person making the same, and it shall be the duty of the said
captain as soon as practicable after such notice, to make
written return thereof according to the rules and regulations
of the board of police, together with the name of the party
arrested, the ofi'ense, the place of arrest, and the place of
detention. All persons arrested by the officers or members
of the police force shall be detained, while in their custody,
only in the place or places provided for that purpose ; and
no trial or examination of any person arrested shall be held
in the office of the superintendent of the police or of the
board. Necessary and usual articles of clothing or personal
apparel on the person or in the possession of persons ar-
rested and detained, shall not be taken or seized by the
police, unless there be reason to suspect that the clothing
has been stolen or obtained unlawfully. The board of po-
lice shall provide suitable accommodations within said city
for the detention of witnesses who are unable to furnish se-
curity for their appearance in criminal proceedings, and
such accommodations shall be in premises other than those
employed for the confinement of persons charged with
crime, fraud or disorderly conduct ^ and it shall be the duty
of all magistrates, in committing witnesses, to have regard
CITIES. 117
to the rules and regulations of the board of police in re-
spect to their detention. Every person arrested by the po-
lice charged with the violation of any city ordinance shall
be entitled to give special bail for his appearance to answer
to such charge ; but no member of the police force shall be-
come or furnish bail for any person arrested.
§ 20. The necessary expenses incurred in the execution Expenses of the
of criminal process, and the maintainance of the police menl! ^^'^^^^'
department hereby created within the said city of Chicago
shall be a city charge. The board of supervisors of Cook
county assembled, may call upon the board of police to
appoint, for duty within the said county, as many men as it
shall enumerate and describe, upon appropriating to the
police fund the necessary expenses and salaries to be incur-
red thereby. Any of the village or town authorities within
the said county may also make such demand upon the board
of police, upon making the like provisions of pay, and it
shall be the duty of the board of police to appoint such
officers, who shall thereafter become regular members of the
police force of the city of Chicago, and subject to all the
rules and regulations of the board, discharge the duties and
possess powers and privileges as such members. The super-
visors of the county of Cook are hereby authorized from
time to time to levy and raise by tax upon the real and per-
sonal property taxable within said count3^, such sum or sums
of money as may be required to carry into effect tiie pro-
visions of this section or the police purposes of this act.
§ 21. It shall be the duty of the board of police to pre- Yearly estimate
pare and submit to the comptroller on or before the first day ° e^p^^ses.
of May in every year, an estimate of the whole cost and
expense of providing for and maintaining the police depart-
ment of said city during the current fiscal year, which esti-
mate shall be in detail, and shall be laid by the comptroller
before the common council with his annual estimate. The
common council may revise said estimate, and the aggregate
amount of the sums required after such revision, shall be
provided for in the general tax levy to be laid on said city.
Said money, when collected, shall be paid into the city
treasury and shall be styled the police fund, and shall be
drawn out therefrom for police purposes, under the fiscal
regulations established by this act.
§ 22. All moneys hereafter to be paid to any person or The paying out of
persons out of the police fund shall be certified by the presi- ""^^y^-
dent or acting president of the board of police to the comp-
troller, who shall draw his warrant on the treasurer therefor,
stating therein the fund to which the same is chargeable and
the person to whom payable ; and such warrant shall be
countersigned by the president, or in his absence by the
acting president, of the board of police and the mayor.
§ 23. No expense, other than salaries and pay herein Expenses ana ac
provided, shall be incurred by the board of police, except '=°"°*^'
118 CITIES.
for rents, stationery, printing, advertising, fnel and light,
nnless the same shall be expressly authorized, and provision
I therefor made, as a separate county or city charge by the
board of supervisors for the county of Cook or the common
council of the city of Chicago, within v^hich the expendi-
ture becomes necessary. The books and accounts kept by
said board shall be at all times subject to the inspection of
the mayor and comptroller ; and the common council may
at any time require any information respecting the same,
the disclosure of which will not impair the usefulness and
efficiency of the police department.
Enforcement of § 24. The board of police shall at all times cause the
TOTfon°o^f^o'?der' Ordinances ol the city to be properly enforced; and it shall
be the duty of said board, at all times whenever consistent
with the rules and regulations of the board, and with the
requirements of this chapter, to furnish all information
desired, and comply with all the requests made by the com-
mon council of said city, or by the mayor thereof, to quell
riots, suppress insurrections, protect the property and pre-
serve the public tranquillity. The board of police shall have
the power to issue subpoenas tested in the name of its presi-
dent, to compel before it the attendance of witnesses upon
any proceeding authorized by its rules and regulations.
Each commissioner of police, the superintendent of police,
and the secretary of the board of police, are hereby given
power to administer, take, receive and subscribe all affirma-
tions and oaths to any witnesses summoned and appearing in
any matter or proceeding authorized as aforesaid, or to any
depositions necessary by the rules and regulations of the
board. Any willful and corrupt false swet ring by any wit-
ness or person making deposition before any of the officers
last mentioned, to any material fact, in any necessary pro-
ceedings under the said rules and regulations, shall be
deemed perjury, and punished in the manner now prescribed
by law for such offense. The provisions of law now exist-
ing in respect to attachment of witnesses before justices of
the peace, and to the compulsory attendance of the said
witnesses, to appear and testify before them, are hereby
applied to the case of witnesses subpoenaed before the board
v)f police.
Security and oath g 25. The board of police shall require and make suit-
aud police. '"^" able provisious respecting security to be entered into by the
superintendent and deputy superintendent of police and by
the captains of police, and for the taking, by members of
the police force, of an oath of office, and the registry of the
certificate of the same in a book to be kept for that purpose
by the board, which oath of office may be taken before any
commissioner of police, who is hereby empowered to admin-
ister and receive the same.
Superintendent's § 26. The Superintendent of police shall make to
port. "^ ' the board, quarterly reports, in writing, of the state of the
CITIES. 119
jjolice force, with sncli statistics and suggestions as lie may
deem advisable for the improvement of the police govern-
ment and discipline. The board of police shall, on or before
the first Monday in April, in each year, report in writing
the condition of the police within the said city, to the com-
mon council.
§ 27. No person holding office under this act shall be
liable to military or jury duty or to arrest on civil proceso
while actually (ai duty.
§ 28. It shall be a misdemeanor, punishable by impris- use of violence,
onment in the county jail, not less than one year nor exceed-
ing two years, for any person without justifiable or excusa-
ble cause to use personal violence upon any elector in said
city of Chicago while attending the polls upon any election
day, or upon any member of the police force thereof when
in the discharge of his duty ; or for any such member to
neglect making any arrest for an offense against the law of
the State, committed in his presence, or for any person not
a member of the police force to falsely represent himself as
being such member with a fraudulent design.
BOAED OF HEALTH.
§ 29. In addition to their other powers and duties, said Removal of nuis-
board of police shall also perform the duties of a board of to*heauh!°^'°"^
health; and shall make diligent inquiry with respect to all
matters affecting the health of said city, and cause all nuis-
ances which may exist, which they may deem obnoxious
to the health and lives of its inhabitants, to be abated or
removed at their discretion, under a penalty of not less than
five nor more than five hundred dollars for every neglect
•or refusal of any person to comply with any order of said
board.
§ 30. It shall be lawful for said board to take such meas- spread of disease,
ures as they may from time to time deem necessary to pre-
vent the spread of any pestilential or infectious disease ; to
see that suitable provisions are made for the accommodation
of such sick persons as properly come under the care of the
city, and to make daily, weekly or monthly reports of the mor-
tality of the city, as they may think proper and expedient.
§ 31. Every person practicing physic in the city who physicians to re-
shall have a patient laboring under any malignant or yellow p"'' ^^^^^'
fever, or other infectious or pestilential disease, shall forth-
with make report thereof in writing to the secretary of said
board; and for neglecting so to do, shall be considered
guilty of a misdemeanoi', and be liable to a fine of fifty
dollars, to be sued for and recovered in an action of debt,
in any court having cognizance thereof, with costs, for the
use of said city.
§ 32. It shall be the duty of said board to detail some The inspection of
officer of the police force to visit and inspect all boats or ^°^^^'
vessels coming, or lying and being within the harbor of the
120 CITIES.
city, whicli are suspected of having on board any pestilen-
tial or infectious disease, and all stores and buildings which
are suspected to contain unsound provisions or damaged
hides, or other articles, and to make report of the state of
the same with all convenient speed, to the president of said
board.
• § 33. All persons in said city, not resident thereof, who
shall be infected with any pestilential or infectious disease,
and all things which in the opinion of said board shall be
infected by, or tainted with, pestilential matter, and ought
to be removed, so as not to endanger the health of the city,
shall, by order of said board be removed to some proper
place, not exceeding fifteen miles beyond the city bounds, to
be provided by the board at the expense of the person who
may be removed, if able ; and the board may order any
furniture or wearing apparel to be destroyed whenever they
may judge it to be necessary for the health of the city, by
making just compensation.
§ 34. In case any boat or vessel shall come or be within
the harbor or jurisdiction of the city and the said board
shall believe that such boat or vessel is dangerous to the
inhabitants of said city, in consequence of her bringing and
spreading any pestilential or infectious disease among said
inhabitants, or have just cause to suspect, or believe, that if
said boat or vessel is suffered to remain within the harbor
or jurisdiction aforesaid, it will be the cause of spreading
among the said inhabitants any pestilential or infectious
disease, it shall and may be lawful for the said board, by an
order in writing, signed by the president for the time being,
to order such boat or vessel to be forthwith removed to any
Removal of ves- clistauce, uot cxccediug fifteen miles beyond the bounds of
fectiou8"diTeises Said city, after the delivery of such order to the owner or
consignee of said boat or vessel, to quarantine, under such
regulations and for such time as the common council or said
board may prescribe ; and if the master, owner, or con-
signee, to whom such order shall be delivered, shall neglect or
refuse to comply therewith, or if after such removal, such
master, owner, or consignee, shall neglect or refuse to obey
the regulation, which may be prescriljed, the said president
may enforce such removal or other regulations in such man-
ner as the council may by ordinance direct ; and such mas-
ter, owner, or consignee, shall be considered guilty of a
misdemeanor, and on conviction shall be fined a sum not
exceeding two hundred and fifty dollars, and imprisoned
not exceeding six months in the jail of Cook county. Or in
the city bridewell or house of correction, by any court hav-
ing cognizance thereof. The said fine shall be paid into
the treasury.
General sanitary § 35. The common councii shall have powcr to prescribe
'^"'^'' other powers and duties to be exercised and performed by
said board for sanitary purposes, and to punish by fine or
CITIES. 121
imprisonment, or both, any refusal or neglect to observe the
orders and regulations of the board upon this subject. The
members of the police force shall be authorized, under the
direction of said board, to enter all houses and other places,
private or public, and boats or other vessels, at all times, in
the discharge of any duty under the sanitary provisions of
this act.
§ 36. All acts and parts of acts inconsistent with the
provisions of this chapter, are hereby repealed, together
with all modes and qualilications of appointment to office,
as members of the police department, or of elections to
office therein, inconsistent with the provisions hereof.
CHAPTER XI.
THE POLICE COURT.
§ 1. The common council shall in the month of May
next, after the commencement of the ensuing municipal
year, and biennially thereafter, designate two or more jus-
tices of the peace in said city, who shall have exclusive city poUce jus-
jurisdiction as justices of the peace, for two years, or until "°^^'
their successors shall be appointed, in all actions for the
recovery of any line or penalty under the laws of said city,
and all ordinances, by-laws or police regulations thereof.
Should any vacancy occur it shall be filled by the common
council, but the person so appointed shall serve for the
unexpired term only.
§ 2. The said justices of the peace so designated shall
be styled police justices, and shall hold a police court in
said city. One of them shall hold a session of said police sessions of po-
court daily (Sundays excepted), in such place as the said "" •^°'^'''
common council may provide and appoint, until the busi-
ness before them or him is disposed of. Said justices shall
have power to fine or imprison, or both, in their discretion,
where discretion may be vested in them by the ordinance
or regulation, or by this act.
§ 3. Execution may be issued immediately on the ren- "^^^^^^^g "**
dition of judgment. If the defendant in any such action,
have no goods or chattels, lands or tenements, whereof the
judgment can be collected, the execution shall require the
defendant to be imprisoned in close custody in the jail
of Cook county, or bridewell, or house of correction, for a
term not exceeding six months, in the discretion of the
magistrate or court rendering judgment ; and all persons
who may be committed under this section, shall be confined
one day tor each fifty cents of such judgment and costs.
All expenses incurred in prosecuting for the recovery of any
penalty or forfeiture, when collected, shall be paid to the
treasurer for the use of the city.
-10
122
CITIES.
Mode of prose-
cuting.
Kemissions
fines.
of
Jttsticei' salary.
Police court clerk
§ 4. Appeals and change of venue shall be allowed and
may be taken from police justices, in all cases, in the same
manner as before other justices of the peace.
§ 5. Ail actions brought to recover any penalty or for-
feiture incurred under this act, or the ordinances, by-laws,
or police regulations, made in pursuance of it, shall be
brought in the corporate name. It shall be lawful to declare,
generally, in debt for such penalty or foreiture, stating the
clause of this act or the by-laws or oidinances under which
the penalty or forfeiture is claimed, and to give the special
matter in evidence under it.
§ 6. In all prosecutions for any violation of any ordi-
nance, by-law, police, or other regulation, the first process
shall be a summons, unless oath or affirmation be made for
a warrant, as in other cases.
§ T. Neither the mayor or common council shall remit
any line or penalty imposed upon any person for the viola-
tion of the laws or ordinances of said city, unless two thirds
of all the aldermen authorized to be elected, shall vote for
such release or remission ', but the mayor shall be author-
ized, in his discretion, to release from imprisonment any
person committed to the bridewell or house of correction,
or county jail, for a violation of the ordinances of said city,
by virtue of the judgment of said police court.
§ 8. The said justices shall be compensated by a salary,
to be fixed by the common council, for doing the business
of said police court, in lieu of all other compensation or fees
whatever, accruing from the business to be disposed of ;
and the said justices so designated shall not enter upon
their duties nor be appointed to hold such court as justices
of the peace aforesaid, unless they first sign and execute an
express relinquishment in writing in favor of the cicy, of all
other fees, emoluments, or compensation whatever, than
what may be provided by a salary to be fixed as aforesaid
by the common council, and such express relinquishment
shall be filed in the comptroller's office ; and all justices'
fees and costs collected in all actions brought for said city,
under the city charter, shall be paid into the city treasury as
other revenue of the city.
§ 9. There shall be elected by the people at the next
municipal election, and biennially thereafter, one "police
court clerk," who shall hold his otiice for two years and un-
til his successor is elected and qualified. He shall take an
oath, the same as other officers elected under this act, and
shall execute a bond with sufficient security to the city, to
be approved by the common council. He shall receive a
fixed salary for his services, the amount thereof to be deter-
mined by the common council. He shall have power to ad-
minister oaths, and appoint deputies when in the opinion of
the common council it may be necessary; in which case said
deputies shall be nominated by said clerk and approved by
CITIES. IJ^
the common council, and the common council may prescribe
the duties and fix the compensation of such deputies.
§ 10. Incase of the temporary inability or absence of cierk, protem.
the clerk, or in case of a vacacy in said office, and when
there is no deputy, the police court may appoint some com-
petent person to discharge the duties of the office until the
vacancy is tilled or ceases.
§ 11. The duties of the police court clerk shall be to Docket of poUce
keep a full, detailed and complete account on his docket of '^°" '
all cases and persons arrested and brought before the police
court; how tried and disposed of; the number of cases dis-
posed of; the cases in which moneys have been collected ;
and the cases in which monej^ is to be collected ; the amount
of all forfeitures, penalties, and tines assessed, or the pun-
ishment fixed in each ca^e, with the fees and costs accrued
and accruing thereon, and to collect, prosecute and receive
payment of all such fees, tines, penalties and forfeitures, and
all judgments and executions, and all moneys whatever ac-
cruing or to be paid in for the use of said city, from the en-
forcement of any of the laws thereof, and forthwith to pay
over the same to the treasurer of said city.
§ 12. Witness' fees in all cases in the police court, in wuness'fees.
which the city is a party, shall be taxed and collected on'y
when demanded or claimed by the witness at the time of
trial; and no witness shall be allowed more than one fee for
any one day's attendance, nor shall any witness fee be taxed
in any case in favor of any member of the police force. All
witness fees, when collected, shall be paid into the city trea-
sury for the benetit of such witnesses. It shall be the duty
of the clerk to deliver to each witness who is entitled to
receive from the city any witness' fee, a certificate thereof,
showing the name of such witness, the suit in which he tes-
tified, and the amount to which he is entitled. The comp-
troller shall draw his warrant on the treasurer, on presenta-
tion of said certificate, in favor of the party entitled to such
fee, provided the same be presented within one week after
the tiling of the daily report, referring to said certiticate,
hereinafter required from the clerk of said court.
§ 13. It shall be the duty of the police court clerk to see ^"''^^ '^1 p°^<=e
that all cases are properly prosecuted before said police court
in the absence of the city attorney, and no police officer
shall conduct any prosecution. He shall take care that said
fines, penalties, forfeitures, fees, judgments and executions,
are collected in all cases as speedily as may be, and the po-
lice justices shall, so far as possible, aid said clerk in the col-
lection thereof,
§ 14. The said police court clerk shall, at the close of Report by cierk.
every day, make a written report to the comptroller, con-
taining the name and number of each case disposed of dur-
ing the day, in which the city is a party, and its final dispo-
sition; the names of all witnesses in each case, to whom
124 CITIES.
certificates for witness' fees have been issued, -with the
amount of each fee ; and also the amount of all such fines,
fees, penalties and forfeitures, as he may have collected du-
ring said day. He shall also specify in his said report, the
number of cases pending; the number of cases in v^^hich
any fine, forfeiture or penalty has been inflicted, and the
amount thereof, and also the amount of moneys outstanding
to be collected in such cases ; and the state of each case re-
spectively, and upon making each and every such statement
he shall verify the same by oath taken before some compe-
tent ofiicer, that such statement is a full, fair and complete
statement of the moneys received and collected by him
during said day, and of all matters required by law to be
Paying over mo- embraced in said report. He shall also pay over to the city
^^^^' treasurer, at the close of every day, all moneys received and
collected by him as such clerk, and shall file his receipt
therefor with the said comptroller.
§ 15. In case of the failure of such clerk to make such
report, and pay over said moneys daily, as herein required,
a notice shall be served on him by the comptroller, that,
within three days, he is required to make such returns, and
pay over all moneys received, and in case of the failure of said
clerk to pay over said moneys, and make such report to the
satisfaction of said comptroller, he shall be suspended and
removed from office by the mayor with the concurrence of
the common council, and thereupon the mayor, by and with
the advice and consent of the common council, shall appoint
his successor to fill the vacancy during the unexpired term.
Attorney for po- § 16. Tlic commou council, if it think proper, may, by
hce court. ordinance, provide for the appointment of a prosecuting at-
torney for said police court, to manage all city cases before
it, and in such case, may provide for his compensation by a
salary. In case of the appointment of such prosecuting at-
torney of the police court, he shall prosecute all cases before
it, and also superintend the collection of fees, fines, forfeit-
ures, judgments and executions, and keep a docket thereof,
and file a monthly report of the number of all cases com-
menced, and all cases disposed of, with the names of parties
sued, and the amount of tines, fees and forfeitures collected;
with the number of cases where moneys are uncollected,
and the amount thereof, and file such reports in the city
comptroller's office.
§ 17. The clerk of the police court and police prosecut-
ing attorney, (if any) shall perform such other duties as
may be prescribed by ordinance of the common council.
Place of holding § 18. Tlic scssious of the poHcc court shall be held in
but one place, where all examinations upon criminal charges
before the justices thereof, shall be had ; and where also all
other business of every kind coming before the justices of
said police court shall be transacted ; and the place of hold-
CITIES.
125
iDg said court shall not be changed without a vote of the
common council.
CHAPTER XII.
FIRE DEPARTMENT.
§ 1. The common council, for the purpose of guarding Power to estab-
against the calamities of fire, shall have power to prescribe
the limits within which wooden buildings shall not be erected
or placed, or repaired, without permission, and to direct that
all and any buildings, within the limits prescribed, shall be
made or constructed of fire proof materials, and to prohibit
the repairing or rebuilding of wooden buildings, within the
fire limits, when the same shall have been damaged to the
extent of fitty per cent of the value thereof, and to prescribe
the manner of ascertaining such damage.
§ 2. The common council shall also have power —
\tiTst. To prevent the dangerous construction and condi- To prevent, and
,. t • JJ111 • extinguish fires,
tion ot chimneys, fire-places, hearths, stoves, stove-pipes,
ovens, boilers and apparatus used in and about any building or
manufactory, and to cause the same to be removed or placed
in a safe and secure condition, when considered dangerous.
Second. To prevent the deposit of ashes in unsafe places,
and to cause all such buildings and inclosures as may be in
a dangerous state to be put in safe condition.
Third. To regulate and prevent the carrying on of manu-
factories dangerous in causing or promoting fire.
Fourth. To regulate and prevent the use of fire-works
and fire-arms.
J^-ifth. 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.
Sixth, To authorize the mayor, aldermen, police or other
officers of said city, to keep away from the vicinity of any
fire, all idle and suspicious persons, and to compel all oflicers
of said city, and other persons, to aid in the extinguishment
of fires, and in the preservation of property exposed to
danger thereat.
ISeventh. And generally, to establish such regulations for
the prevention and extinguishment of fires as the common
council may deem expedient.
§ 3. The common council shall procure fire engines and Engines,
other apparatus used for the extinguishment of fires, and
have the charge and control of the same, and provide fit and
secure engine houses, and other places, for keeping and pre-
serving the same ; and shall have power —
First. To organize, fire, hose, hook and ladder, and axe Fire companies,
companies. **'^-
126
CITIES.
Firemen.
Duties of firemen
Duties of chief
and assistant
engineers.
Fire wardens.
Fire marsiiai
Firemen's
leges.
Firemen's
fund.
Second. To provide for the appointment of a competent
number of able and reputable inhabitants of said 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 their com-
pensation, and to make rules and regulations for their gov-
ernment, and to impose reasonable fines and forfeitures up-
on them for a violation of the same ; and for incapacity,
neglect of duty or misconduct, to remove them.
§ 4. The chief and assistant engineers of the fire de-
partment, with the other firemen, shall take the care and
management of the engines, and other apparatus and im-
plements used and provided for the extinguishment of fires ;
and their duties and powers shall be defined by the common
council.
§ 5. The assistant engineei's of the tire department shall
also act as fire wardens, and it shall be their duty to exam-
ine all buildings and inclosures, to discover whether the
same are in a dangerous state, and to report to the chief en-
gineer all violations of the charter or ordinances of said city
in relation to the prevention or extinguishment of fires.
§ 6. The common council shall have power, in its dis-
cretion, to authoi'ize the appointment of p fire marshal,
whose duty it shall be to inquire into and investigate the
cause of all tires which may occur in the city, as soon as
may be after they occur, and to keep a recoi'd of his pro-
ceedings and of the evidence in each case, and to file the
same or a copy thereof in the ofiice of the city clerk. He
shall have power to compel the attendance of any person in
said city to testify upon oath concerning any tire in said
city, under such penalty as the common council may pro-
vide, and he is hereby authorized to administer oaths to all
such witnesses. Pie shall be required to use his utmost ex-
ertions in the discovery, arrest and conviction of all incendi-
aries, and perform such other duties as the common council
may prescribe. Any or all of the above mentioned duties
may be devolved by the common council upon the chief en-
gineer,
privi- § 7. The members of the common council and fii*emen
shall, dui'ing their terra of service as such, be exempt from
serving on juries in all courts of this i^tate, and in the mili-
tia. The name of each fireman shall be registered with the
clerk of the city, and the evidence to entitle him to the ex-
emption provided in this section, shall be the certificate of
the clerk, made within the year in which the exemption is
claimed,
relief § 8. One-cighth part of the amount of all fire insurance
rates which shall be aniinnlly paid into the city treasury, as
hereinbefore provided, shall be reserved and set apart to
create a fund for the relief of distressed firemen who may
CITIES. 127
become disabled in the service of the city ; and shall be used
solely for that purpose. Said money shall be disbursed in
such sums and under such rules and regulations as the com-
mon council shall prescribe. The remaining seven-eighths
of the aforesaid revenue shall be retained by the city and
allowed to accumulate, until a sufficient sum shall have been
realized to defray the expense of establishing a fire-alarm or
fire-telegraph system in said city, and shall be then used for
that purpose. After this purpose shall have been accom-
plished, this portion of the aforesaid revenue shall be ap-
phed to the purchase of fire engines and other apparatus
used for the extinguishment of fires.
CHAPTER XIII.
SCHOOLS AND SCHOOL FUND.
§ 1. The school lands and school fund of township thir-
ty-nine north, range fourteen east of the third principal meri-
dian, shall be, and the same are hereby vested in the city
of Chicago. The common council shall, at all times, have
power to do all acts and things in relation to said school
lands and school fund, which they may think proper to their
safe preservation and efficient management ; and sell or paie of school
lease said lands, and all canal or other lots or lands, or J,^"y ^ ^^ ^"^^
other property, which may have been, or may hereafter be,
donated to the school fund, on such terms, and at such
times, as the common council shall deem most advantageous ;
and, on such sale or sales, lease or leasings, to make, exe-
cute and deliver, all proper conveyances, which said convey-
ances shall be signed by the mayor and comptroller, and
countersigned by the clerk, and sealed with the corporate
seal : Provided, that the proceeds arising from such sales
shall be added to, and constitute a part of, the school fund.
§ 2. N thing shall be done to impair the principal of
said fund, or to appropriate the interest accruing from the
same to any other purpose than the payment of teachers in
the public schools in said township.
§ 3. Tlie common council shall have power —
J'irst. To erect, hire or purchase buildings suitable for schooi houses.
school houses, and keep the same in repair.
Second. To buy or lease sites for school houses, with the
necessary grounds.
Third. To furnish schools with the necessary fixtures. Apparatus,
furniture and apparatus.
Fourth. To establish, support and maintain schools, and school taxes.
supply the inadequacy of the school fund for the payment
of the city teachers, from school taxes.
Fifth. To lay off and divide the city into school dis- school districts,
tricts, and, from time to time, alter the same, or create new
ones as circumstances may require.
128 CITIES.
Sixth. And generally have and possess all the rights,
powers and authority necessary for the proper management
of schools, and the school lands and funds belonging to the
township, with power to enact such ordinances as may be
necessary to carry their powers and duties into effect.
School agent. g ^ rj^^^ school agent shall have the custody and man-
agement of the money, securities and property belonging
to the school fund, subject to the direction of the common
council.
Bond. § 5. The school agent, before entering upon his duties,
shall give bond in such amount, and with such conditions
and sureties, as the common council may require. His com-
pensation shall be paid out of the school fund ; and he shall
be subject for misconduct in office to the same penalties and
imprisonment, as school commissioners are, or may be sub-
ject to, by law.
Loan of school § 6. The school fund shall be kept loaned at interest, at
the rate of twelve per cent, per annum, payable semi-annu-
ally in advance. JN'o loan shall be made, hereafter, for a
longer period than ten years, and all loans shall be secured
by unincumbered real estate of double the value of the sum
loaned, exclusive of the value of perishable improvements
thereon: Provided, the common council shall have power
to reduce the rate of interest by a vote of two-thirds of all
the aldermen elected ; and they may also, by a like vote,
authorize the investment of said funds in the bonds of the
city of Chicago.
Suits at law. | 7. AH notcs and securities shall be taken, to the city
of Chicago, for the use of the inhabitants of said township,
for school purposes, and in that name all suits, actions, and
every description of legal proceedings, may be had.
§ 8. All expenses of repairing or recording securities
shall be paid exclusively by the borrower.
§ 9. In the payment of debts of deceased persons, those
due the school fund shall be paid in preference to all others,
except expenses attending the last illness and funeral of the
deceased, not including the physician's bill.
Rate of interest § IQ. If default bc made in the payment of interest, or
fault. of the principal, when due, interest at the rate of fifteen per
cent, upon the same shall be charged from the default, and
may be recovered by suit or otherwise. Suits may be
brought for the recoveiy of interest only when the principal
is not due.
Interest on judg- | H. All judgments rccovcred for interest, or principal,
or both, shall respectively bear interest at twelve per cent,
per annum, from the rendition of judgment until paid ; and
in case of the sale of real estate thereon, the city of Chicago
may become the purchaser thereof, for the use of the school
fund, and shall be entitled to the same rights given by law
to other purchasers. On redemption, twelve per cent, inter-
est shall be paid from the time of sale.
Debts of deceased
persons.
CITIES. 129
§ 12. 'No costs made in the course of any judicial pro- ^°**^-
ceedmgs, in which the city of Chicago, for tlie use of the
school fund, may be a party, shall be chargeable to the
school fund.
§ 13. If the security on any loan, should, at any time be- Additional secu-
fore the same is due, become, in the united judgment of the "'y required,
school agent and common council, insecure, the agent shall
notify the person indebted thereof; and unless further satis-
factory security shall be forthwith given by the debtor,
judgment may be recovered thereon, as in other cases, al-
though no condition to that effect be inserted in the note or
other security.
§ 14. The school-tax fund shall be paid into the city school tax fund
treasury and be kept a separate fund for the building of ^^ ^*^^" ^'
school houses, and keeping the same in repair, and support-
ing and maintaining schools; and shall be drawn out only
in payment of bills approved by the board of education, on
the warrant of the comptroller, countersigned by the presi-
dent of the board of education and the mayor.
§ 15. The act approved February 23d, 1847, creating ^°^^^^^ c^ica^^"
the South Chicago school district, and all other acts or parts act repealed,
of acts inconsistent with the provisions of this chapter are
hereby repealed.
§ 16. There shall be established in said city at least one
common school in each school district, now or hereafter to
be created, and free instruction, within their respective dis-
tricts, shall be given in said schools, to all the children re-
siding within the limits of the city who are over the age of ^"pJ^^ *°^ ^^^^'
five years, and who may be sent to, or attend such school,
subject to such rules and regulations as may be established
by the common council or board of education pursuant to
the provisions of this act. It shall be the duty of the com- Negro achoou.
mon council and board of education to provide one or more
schools for the instruction of negro and mulatto children, to
be kept in a separate building to be provided for that pur-
pose, at which colored pupils, between the ages of five and
twenty-one years, residing in any school district in said city,
shall be allowed to attend; and hereafter it shall not be
lawful for such pupils to attend any public schools in the
city of Chicago, at which white children are taught, after a
school for the instruction of negro and mulatto children has
been provided.
§ 17. The board of education, subject to such general
regulations as may be prescribed by the common council,
shall have the entire superintendence and control of the
schools ; and it shall be their duty to examine all persons
offering themselves as candidates for teachers, and when
found well qualified, to give them certificates thereof gratui-
tously ; to visit all the public schools as often as once a
month ; to inquire into the progress of the scholars and the
government of the schools ; to prescribe the courses and
^11
130 CITIES.
methods of discipline and instruction of the respective
schools, and to see that they are maintained and pursued'in
a proper manner; to prescribe what studies shall be taught,
and what bouks and apparatus sliall be used. They shall
have power to expel any pupil who may be guilty of gross
Expulsion and disobedieuce or misconduct, and to dismiss and remove any
pup°iK*"^"' °^ teacher, whenever in their opinion he is unqualiiied to
teach; or whenever, from any cause, the interests of the
school may in their opinion require such removal or dismis-
sion. They shall have power to apportion the scholars to the
several schools ; but no scholar shall attend any school out
of the district in which he or she resides, without the writ-
ten permission of the board or the superintendent of public
schools, except as herein otherwise provided.
§ 18. It shall be the duty of the board of education to
establish all such by-laws, rules, and regulations for their
own government, and for the establishment and mainte-
nance of a proper and uniform system of discipline in the
several schools as may in their opinion be necessary. They
*Twh«T°' °^ shall determine, from time to time, how many and what
class of teachers may be employed in each of the public
schools, and employ such teachers, and fix their compensa-
tion.
Furniture and § 19. It shall bc the duty of said board to take charge
improvements. ^^^ ^^^ school houscs, fumiture, grouuds, and other property
belonging to the school districts, and see that the same are
kept in L,ood condition, and not suffered to be unnecessarily
injured or deteriorated ; and also to provide fuel and such
other conveniences for the schools as in their opinion may
be required. They shall also recommend to the common
council such alterations, additions, and improvements as
may be required in the school houses, or other property be-
longing to said aistricts. All bills for repairs, furniture,
benches, desks, apparatus, et cetera, shall be audited by said
board, and paid out of the school-tax fund.
Y"re"ort™°°*^' § ^^- '^^'^ teachers in each district shall at the end of
' "^""^ ' each and every month report to the superintendent of pub-
lic schools the number of days they have been employed
in teaching school during the month, and the number of
scholars in attendance on each day or half day ; and at the
close of each month, the board of education shall draw an
order upon the agent of the school fund, in favor of said
teacher, for the amount due to him or her. But no order
shall be drawn upon the school fund for a greater amount
than the interest on hand at the time the same may be
drawn, or than the amount raised and specially appropriated
for the support of schools by the common council.
Agent of school & 21. It sliall bc the duty of the agent of the school fund
fund to report , i ,. i P .i M
quarterly. to rcport at the did ot cacli quarter to the common council
the amount of interest on hand, and to give tne board of
crriES. 181
education such information as they may from time to time
request in reference thereto.
§ 22. The said board shall appoint from their own num-
ber a president, and provide themselves with a well bound
book at the expense of the school tax fund, in which shall
be kept a faithful record of all their proceedings.
§ 23. None of the powers herein conferred upon the Publication of
board of education shall be exercised by them except at a ^'°'^' ^''
regular or special meeting of the board. They shall have
all their proceedings published immediately after their meet-
ings, in some one or more of the newspapers published in
the city which will publish the same gratis, and also in the
corporation newspaper, with such fullness as to inform the
public in every respect of the business transacted by them ;
also, resolutions in regard to the adoption of new books to
be used in the public schools, with the names of members
who may introduce any proposition of interest to the public
in regard to the schools, and the yeas and nays upon the
same, if the question shall be thus taken.
§ 24. It shall be the duty of the board to report to the Report or th«
., „ , -^ . 1 1 i ii school board.
common council Irom time to time any suggestion triattney
may deem expedient or requisite in relation to the schools
and the school fund, or the management thereof, and gen-
erally to recommend the establishing such schools and dis-
tricts, and the making such alterations or improvements
therein, as they may deem benehcial and expedient.
§ 25. The board of education shall annually prepare and
publish, in the corporation newspaper, a leport of the num-
ber of pupils instructed in the year preceding, the several
branches of education pursued by them, and the receipts
and expenditures of each school, specifying the sources of
such receipts and the objects of such expenditures. They
shall also communicate to the common council, from time to
time, all such information within their possession as may be
required.
§ 26. For the more convenient discharge of the duties superintend en t
assigned by law to the board of education, : nd to aid them ° ^"
in the performance of the same, the otBce of superintendent
of public schools is hereby created. Said superintendent
shall be appointed biennially by the board of education, by
and with the advice and consent of the common council, and
shall receive such annual salary as shall from time to time
be fixed by the board of education, subject to the approval
of the common council. The superintendent so appointed
may be removed at any time by a vote of the board.
§ 27. The said superintendent shall act under the advice ^"P^g°*\°'l*°/'
and direction of the board, and shall have the superintend- uel*'* *°
ence of all the public schools, school houses, books and ap-
paratus. He shall devote himself exclusively to the duties
of his office. lie shall keep regular office hours, other than
school hours, at a place to be provided for that purpose,
132 CITIES.
which place shall be the general depository of the books and
papers belonging to the board, and at which the board shall
hold their meetings. He shall acquaint himself with what-
ever principles and facts may concern the interests of popu-
lar education, and with all matters pertaining in any way
to the organization, discipline and instruction of public
schools, to the end that all the clnldren in said city, who are
instructed at the public schools, may obtain, within their re-
spective districts, the best education which these schools are
able to impart. He shall visit all the schools as often as his
duties will permit, and shall pay particular attention to the
classification ot the pupils in the several schools, and to the
apportionment among the classes of the prescribed studies.
He shall carefully observe the teaching and discipline of all
the teachers employed in the public schools, and shall re-
port to the board whenever he shall find any teacher defi-
cient or incompetent in the discharge of his or her duties.
He shall attend all the meetings of the board, and shall act
as secretary thereof. He shall keep the board constantly
informed of the condition of the public schools, and the
changes required in the same. He shall keep a record of
all his proceedings, at all times open to the inspectors. A
general report of the condition of the public schools shall
be prepared by him at the close of each school year for pub-
lication. He shall moreover report to the board from time
to time, such by laws and regulations for the government,
discipline and management of the public schools as he may
deem expedient ; and shall also perform such other duties
as the board of education shall from time to time direct.
Books used in § 28. It shall bc unlawful for the superintendent, or any
pubUc Bchooig. ujen^bei- of the board, to receive, either directly or indirect-
ly, any fee, gift or reward from any book-publishing con-
cern, book agent or bookseller, or to act as agent or attorney
for any book-publishing concern, book agent or book seller,
or to be pecuniarily interested in the sale or publication of
any book used in the public sceools ; and any violation of
these provisions shall subject the offender to immediate re-
moval from office by the common council.
CHAPTER XIV,
KEFOEM SCHOOL.
Location of
§ 1. The reform school heretofore established by the
"Bchooirandbuii- city of Chicago shall be continued in existence as a school
^^^'' for the safe keeping, education, employment and reforma-
tion of all children in said city between the ages of six and
sixteen years, who are destitute of proper parental care, and
growing np in mendicancy, ignorance, idleness or vice.
The common council may hereatter, in its discretion, change
(MTIES. 188
the location of said reform school, and purchase grounds
and erect and maintain all necessary buildings thei'efor.
§ 2. The government of said school shall be vested in a ^°^^^ °^ '°^°-
board consisting of the comptroller and six guardians to be
appointed in the manner hereinbefore prescribed. The said
board shall appoint a president, vice-president and secretary
from their own number ; and a majority of the board shall
constitute a quorum for the transaction of business.
§ 3. It shall be the duty of the said board of guardians to Manner of con-
take charge of the general interests of said school ; to see ^'^ '°^ ^'^ °° '
that its affairs are conducted in accordance with the require-
ments of this act ; to see that strict discipline is maintained
therein ; to provide employment for its inmates ; to appoint
a superintendent and such other officers as the wants of the
school may from time to time require, and to prescribe their
duties ; to exercise a vigilant supervision over caid school,
its officers and teachers, and to determine their salaries ;
such salaries to be subjected to the approval, regulation or
alteration of the common council.
§ 4. One or more of said guardians shall visit the school viating ana in-
at least once in every two weeks, at which time the schools ^p^*^''"^®*^ °°*
in all its departments, shall be examined. A record shall be
regularly kept of such visits in the books of the superintend-
ent. An annual report shall be made by the board of guar-
dians to the common council on or before the tenth day of
April, exhibiting the condition of the school and giving a
detailed account of its affairs for the preceding year.
§ 5. The superintendent, with such subordinate officers superintendent.
as the guardians shall appoint, shall have the charge and
custody of the children ; he shall himself be a constant resi-
dent at the institution, and shall discipline, govern, instruct,
employ, and use his best endeavors to reform the inmates in
such manner as, while preserving their health, will secure
the formation, as far as possible, of moral and industrious
habits, and regular and thorough progress and improvement
in their studies, trades, and various employments.
§ 6. The superintendent shall, under the direction and charge of buiid-
control of the board, have charge of the lands, buildings, fur- etf ' ^'"■°'''""^'
niture, tools, implements, stock and provisions, and every
other species of property pertaining to the institution within
the precincts thereof. He shall, before he enters upon the
duties of his office, give a bond to the city of Chicago, with
sureties, to be approved by the common council, in the sum
of one thousand dollars, conditioned that he shall faithfully
perform all the duties incumbent on him as such superin-
tendent. He shall keep in suitable books regular and com-
plete accounts of all his receipts and expenditures, and a
complete enumeration of all property entrusted to him.
He shall also exhibit in said books the income, from what-
ever source, of said institution and school land ; he shall ac-
count to the treasurer of the city, in such manner as the
134 CITIES.
guardians may require, for all moneys received by him
from the proceeds of the land, the work and labor of the
inmates or otherwise. His books and all documents rela-
ting to the school shall at all times be open to the inspection of
the guardians, who shall at least once in every three months
carefully examine the said books and accounts, and the vouch-
ers and documents connected therewith, and make a record of
the result of such examination in books to be kept by said
^pusf" **^ ^"' guardians. He shall keep a register containing the name
and age of each child, and the circumstances connected with
his early history ; and he shall add such facts as may come
to his knowledge, relating to the subsequent history of such
children, while in the school and after being discharged
therefrom. He shall at all times be subject to removal by
the board of guardians, and shall be governed by the rules
and regulations they may establish.
Mayor to appoint § 7. It shall bc the duty of the mayor of the city of Chi-
commissioner. cago, cach year, on the application of the board of guardians
of said reform school, to appoint some proper and discreet
person, with the concurrence of said board, as commissioner,
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 committed to
the reform school. Such commissioner shall keep a true
and perfect record of his doings in relation to all persons
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 the city clerk, who
shall upon the appointment of a new commissioner deliver
the same to him. There shall be paid to said commissioner
such sum from the reform school funds as the board of guar-
dians shall, from time to time, direct, and which shall not in
the aggregate amount to more than one thousand dollars in
any «ne year.
Vagrants to be § 8. Whenever any police magistrate or justice of the
school"^'* ^ peace within the city of Chicago, shall have brought before
him any male within the ages of six and sixteen years of
age, who he has reason to believe is a vagrant, or destitute
of proper parental care, or is growing up in mendicancy,
ignorance, idleness or vii.e, he shall cause such person, to-
gether with the warrant on which he was arrested, and the
list of witnesses which may be necessary to establish the
situation and condition of such person, to be transmitted to
said commissioner; and thereupon it shall be the duty of
such commissioner to issue a summons or order in writing,
addressed to the father of said person, if he be living and
resident within the city ; and if not.j then to his mother, if
she be livmg and so resident, and if not, then to his lawful
guardian, if any there be resident within said city, and if on
examination it shall appear that such boy has neither father,
mother nor guardian, so resident, then to the person with
CITIES. 133
whom, according to the examination and testimony, if any,
recei\ ed by such commissioner, the said boy shall reside ;
and if there be no person with whom he steadily resides,
the commissioner may, at his discretion, appoint some suita-
ble 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 com-
mitted to the reform school. And upon the appearance
before him of the party named in said summons or order,
or if, after due service had of the summons or order afore-
said, there shall be no such appearance, the said commis-
sioner shall, upon the expiration of the time named in said
summons or order for said appearance, proceed to examine
said boy, and the party appearing in answer to said sum-
mons or order, if any such there be, and to take such testi-
mony in relation to the case as may be produced before him ;
and in case it shall be proven to the satisfaction of the com-
missioner by such examination, or by competent testimony,
that 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. , Esq.^ a Justice of the Peace: Form of commit-
I hereby certify that has been examined by me agreeably to ™^^*''
the statute, and upon competent evidence, proved to be a suitable person for
commitment to the Reform School. C. D., Commissioner.
And thereupon said magistrate or justice of the peace shall
commit such person to the reform school ; and such com-
mitment ehall 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 sixteen years, who has been found by
competent evidence to be a suitable subject for commitment to the reform
school and a proper object for its care, discipline and instruction, and to
deliver said boy, with this wairant without delay to the superintendent or
other oflScer in charge of said school, at the place where the same is estab-
lished ; and for so doing, this shall be your sufficient warrant.
Dated at the city of Chicago, in the county of Cook, this .... day of . . . .,
A. D. 18.. ,J.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 exercise of
the powers given by this act. And in case said commis-
sioner shall be of opinion, and shall decide and certify that
such boy is not a proper subject for commitment to the
reform school, he shall order such boy, with the warrant, to
be transmitted back to such police magistrate or justice of
the peace, who shall thereupon deal with him in the same
136 CITIES.
manner he would have done had he not been transmitted
Commissioner to to, Or examined by said commissioner. And said commis-
j'uslicer'^^" °^ sioner shall in the performance of his duties under and by
virtue of this act, be clothed with the powers of a justice
of the peace, to compel the attendance of witnesses and all
other persons whose attendance and presence may be neces-
sary to enable him to fully investigate the situation of all
persons who may be brought before him ; and the police
officers of said city shall be subject to his direction, and
shall serve when called upon for that purpose, any summons,
order or warrant, issued by him.
Males under six- § 9. Whenever any male under the age of sixteen years
forpuSishmen". and over the age of six years, shall be convicted in any
court having criminal jurisdiction in the county of Cook, of
any offense punishable by fine or imprisonment, who in the
opinion of the court would be a tit and proper subject for
commitment to said reform school, such court shall make
an order committing such boy to said reform school; and
thereupon it shall be the duty of said court, by warrant in
due form of law, to commit such boy to said reform school;
and all warrants shall designate the offense or complaint for
which such commitment is made and the age of the boy ;
but no warrant shall be held invalid for want of form, and
the same may be served by the sheriff or any constable of
Cook county, who shall execute the same and deliver the
boy or boys named in such warrant to the superintendent
of the reform school with the warrant, and for such services
shall be paid the same lees as are now provided in case of
the commitment of a criminal to the county jail for an
offense punishable by imprisonment therein : Provided^
however, that such boys only shall be c jmmitted to said
reform school as, in the opinion of the court, are in need of
and will be benefited by the reformatory influence of said
school, the said school being intended as an educational and
reformatory institution, rather than as a prison or place of
punishment.
Instruction and § 10. Evcry boy above the age of six and under the age
crmPnL^s. ° of sixteeu, who shall be legally committed to said school, as
hereinbefore provided, shall be kept disciplined, instructed,
employed and governed under the direction of the board of
guardians of said school, until he be either reformed and
discharged, or be bound out by said guardians, or until he
shall have arrived at the age of twenty-one years ; and said
guardians are hereby clothed with the sole authority to dis-
charge any boy or boys from said reform school, who have
heretofore been or may hereafter be legally committed
thereto, and such power shall rest solely with said board of
guardians and with no other persons or body politic or cor-
porate ; but it shall be the duty of said board of guardians
and they shall have power to return any boy to the court,
police justices, or other authorities, ordering or directing
CITIES. 1 37
said boy to be committed, when in the judgment of said
guardians thej may decree said boy an improper subject
for their care and management, or who shall be found incor-
rigible, or whose continuance in the school they may deem
prejudicial to the management and discipline thereof, or
who in their judgment ought to be removed from such
school for any cause ; and in such case said court, police
justice, or other authorities shall have power and are required
to proceed as they might have done had they not ordered
the commitment to such school.
§ 11. Said guardians shall have power to bind out all Power of guardi-
boys committed to their charge for any term of time until "°^'
they shall have arrived at the age of twenty-one years, as
apprentices or servants to any inhabitant of this State, and
the said guardians and master or mistress, apprentice or
servant, shall respectively have all the rights and privileges
and be subject to all the duties set forth by the statute laws
of this State relative to apprentices and guardians and wards,
and shall have the same power as overseers of the poor or
mayor and aldermen, and the same clauses and provisions
required to be inserted in the indentures of apprentices in
such cases shall be inserted in all indentures that may be
executed by the said guardians. No person receiving such
apprentice under the provisions of this act shall transfer the
indenture, and the said board of guardians shall have power
in all cases when in their judgment it shall be beneficial to
the boy, to cancel such indentures of apprenticeship, for
cruelty, negligence, or other improper conduct, or for remo-
val trom the State, and recover possession of the child
apprenticed. Said guardians shall also have power to per-
mit such boys as they shall judge fit subjects for such treat-
ment to be placed out under the care of any proper person
or persons in this State, on " tickets of leave," and such Tickets of leave,
boys so placed out may be kept and retained by such person
or persons during the pleasure of said board of guardians,
and subject at all times to their control and regulation.
§ 12. The board of guardians of said reform school are Branch reform
hereby authorized, with the concurrence of the common ^''^°°^ ^°^ ^"''^"
council, to establish a branch reform school for girls under
the age of sixteen years and over the age of six years ; and
for that purpose to purchase such lands and erect such
buildings thereon as in their judgment are required ; and
such girls may, for the same causes, and by the same courts,
and in the same manner, be committed to such branch reform
school ae; boys may be to the reform school, and all statutes
and ordinances relative to the power, management, and
control of said reform school, by the board of guardians,
are hereby made applicable to said branch 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 of police magistrates, justices of the
—12
of cost.
138 CITIES.
peace and otiier courts, and of the commissioner, shall in all
respects be made applicable to girls under the age of sixteen
and over the age of six years, where they are found destitute
of proper parental care, or leading a vicious life, or are found
in streets, highways or public places, in circumstances of
want, suffering, neglect, or ex]30sure.
Teariy^ estimate § 13, It shall bc the duty of the board of guardians to
prepare and submit to the comptroller, on or before the first
day of May in every year, an estimate of the whole amount
required to be raised by taxation for providing for and main-
taining the said reform school during the current fiscal year,
which estimate shall be in detail and shall be laid by said
comptroller before the common council with his annual
estimate. The common council may revise said estimate,
and the aggregate amount of the sums required after such
revision, not exceeding the authorized per centage, shall be
provided for in the general tax levy to be laid on said city.
Said money, when collected, shall be paid into the city
treasury, and shall be styled the reform school fund, and
shall be drawn out only in payment of bills approved by
the board of guardians, on the warrant of the comptroller,
countersigned by the president, or in his absence by the
vice-president, of said board and the mayor. But this section
shall not be construed as repealing any of the provisions of
the act to incorporate the Roman Catholic Asylum of the
Diocese of the Catholic Bishop of Chicago.
CHAPTER XV.
CHICAGO WATER WORKS.
§ 1. The board of public works of the city of Chicago
shall have charge and superintendence of the water works
of said city.
§ 2. It shall be the duty of said board to examine and
consider all matters relative to supplying the city of Chicago
with a sufiicient quantity of pure and M'holesome water, to
be taken from Lake Michigan, for the use of its inhabitants.
§ 3. Said board shall havepower to construct reservoirs,
hydrants. " jets, and public and private hydrants, and to lay pipes in
and through all the streets and alleys of said city, and also
across all rivers and streams in the said city and in the county
of Cook, not interfering with the navigation of the same,
and witli the consent of tlie common council of said city, to
construct fountains in the public squares or such other pub-
lic grounds of said city, as they shall deem expedient.
§ 4. It shall be the duty of said board to construct liy-
drants of sufficient size and capacity, and in such localities,
as they shall deem desirable for the purpose of extinguish-
ino; fires.
Supplying of wa-
Reservolrs and
CITIES.
139
§ 5. The said board shall have power to purchase, hold
and convey any personal and real estate which may be neces-
sary and proper to carry out the ii'tention and object of this
chapter, but the title to all real estate purchased shall be
taken in the name of the city of Chicago ; and no such pur-
chase shall be made without the approval of the common
council being first had thereto.
§ 6. Said board shall have the power, and it is hereby ^an'^a'tfundinVs^*^
made their duty, to purchase such lot or lots of land, sub-
ject to the approval of the common council, and to construct
such 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 board shall have power to purchase such books, charts and sur-
V6VS
charts, and other works, as may be found necessary or use-
ful, and to cause such surveys to be made within said city
and outside of its limits, as may be required for the objects
of this chapter.
§ 8. The said board are hereby authorized to enter upon compensation for
any land or water for the purpose of making surveys or p^'^p^'^^
constructing any of the works authorized by this chapter,
and to agree with the owners 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 for the property so
taken, or the amount of damages to be paid to such owmer
or owners by reason of the construction of any of the works
hereby authorized ; but no such agreement shall be binding
upon said city, until first approved by the common council
thereof.
§ 9. In case of disagreement between the board and the '^Jafningdamages
owners of property, which may in the judgment of said
board be required for any of the purposes specified in
this chapter, as to the amount of compensation to be paid to
such owners, or in case such owner shall be an infant, a
married woman, or insane, or absent from this State, or in
case of disagreement between the said board and any owner
or owners of property, touching the amount of damages
arising from the construction of any part ot the work hereby
authorized, the said board shall have the right to condemn
said property, or to have the amount of such damages ascer-
tained, or both, and the proceedings for the condemnation of
such property, or the ascertainment of such damages, or both,
shall conform as nearly as may be to those specified and
provided in the act entitled "An act to amend the law con-
demning right of way for purposes of internal improvement,"
approved June 22, 1852, and the act or acts of which the
same is an amendment.
§ 10. The city of Chicago shall have the power to con- Aqueducts,
struct such aqueducts along the shore of Lake Michigan, or in
the highways, or elsewhere in said Cook county, and to con-
struct such pumping works, breakwater, subsiding basins,
140
CITIES.
filter beds, and reservoirs, and to lay such water mains, and
to make all other constructions in said county, as shall be
necessary in obtaining from Lake Michigan a sufficient and
abundant supply of pure water for said city.
Piers and light § H, Said city shall have power to extend aqueducts or
inlet pipes into lake Michigan so far as may be deemed
necessary to insure a supply of pure water, and to erect
a pier or piers in the navigable waters of said lake, for
the making, preserving, and working of said pipes or aque-
ducts : Provided, that such piers shall be furnished with
a beacon light, which shall be lighted at all seasons and
hours, as the light on the pier at the entrance of Chicago
river.
Issue of beads. § 1^. The board of public works are hereby empowered
to issue all bonds, now authorized to be issued under the law
of this State, incorporating the Chicago city hydraulic com-
pany, approved T'ebruary i5th, 1851, or the acts amenda-
tory thereof, or under any law authorizing the issue of bonds
for the construction of the water works for the said city of
Chicago.
Borrowing of § 13. For such expenditures, pertaining to the supply of
™n w7rk° ''^"^ water to the said city as are hereby authorized, the said
city shall have power to borrow, from time to time, as the
board of public works and the common council of said
city shall deem expedient, a sum of money not exceeding
five hundred thousand dollars, and said board shall have
power, by and with the approval of the common council, to
issue bonds pledging the faith and credit of said city for the
payment of the principal and interest of said bonds ; but no
bonds shall be issued until the common council shall have
approved of such issue, by a vote of a majority of all the
aldermen by law authorized to be elected ; and all bonds
issued by said board, before they shall be binding upon said
city, shall be marked aj^proved by the mayor and clerk of
said city, under the seal of said city, and such signature and
seal shall be conclusive evidence to the holder of said bonds,
of the fact of such approval : Provided, that all sales of
M'ater loan bonds, which may be issued by said board, shall
be made only by the comptroller of said city, who on making
such sales, shall deposit the proceeds thereof with the city
treasurer to the credit of the water fund, and shall file with
the said board a duplicate receipt of the said treasurer for
the amount of such dejjosit : Provided, also, that all funds
derived from the sale of said water loan bonds or from water
rents, or otherwise, for the water works of said city, shall
be exclusively used and appropriated b}' said board, to the
objects and pur])oses pertaining to the water supply of said
city, herein specified, nor shall the same or any part thereof
be used by the said board, or by the said city, for any other
purpose.
CITIES. 14:1
§ 14. It sball be the duty of the said board, at any time Report of expen-
•when they shall desire to make an issue of bonds, as herein ^®* ° '^°"°°' "
authorized, to make a report to the common council, setting
forth the nature and amount of the work proposed to be
executed, and the amount which will be required by them
for such purposes, within a period to be stated in said re-
port, which report shall be accompanied by an estimate of
the cost of the things required to be purchased and of the
work to be done ; and the common council may thereupon
approve the issue of the whole amount of bonds called for
by such report, or such part thereof, as the said common
council may deem expedient.
§ 15. The said bonds shall bear interest at a rate not ex- interest on bonis
ceeding seven per cent, per annum, and shall not be sold at
a rate which will net to the said board less than their par
value, unless the common council of said city shall, by a vote
of a majority of all the aldermen elected, authorize the
comptroller of said city to sell the same at a lower rate, and
then only at such rate as shall be fixed by said council :
Provided^ hoioever, that reasonable commissions to brokers
or agents, employed in procuring the sale or negotiation of
said bonds, may be paid by said comptroller.
§ 16, It shall be the duty of the said board to keep an Registry of bonds
accurate register of all bonds and all interest coupons issued
for the construction of said water works, showing the num-
ber, date and amount of each bond and coupon, and to whom
issued or sold , and when and where payable, and the par-
ticular bonds at any time outstanding.
§ 17. It shall be the duty of the comptroller of the city comptroller's re -
of Chicago, to keep such a record of all bonds, now or here-
after to be issued for the water supply of said city, as shall
at all times exhibit the number and amount of such bonds
outstanding, the rate of interest, and when and where the
principal and interest are payable.
§ 18. It shall be the duty of the comptroller of said city comptroller to
o_ .,./ -L iTi.1 pay interest.
to pay the interest on said water loan bonds, and also tlie
principal as the bonds shall become due. The said comp-
troller when there are funds for that purpose, may, with the
approval of said board, purchase any such water loan bonds
whether the same have become due or not ; and in case
there are not sufficient water funds in the treasury of said
city to meet all of the said bonds when the same shall be-
come due, the said board shall have the right to issue new
bonds, in the same manner as hereinbefore provided, for
such amount, and on such time, as the said board and the
common council shall deem expedient, in the place of the
bonds so becoming due as aforesaid ; the said old bonds to
be canceled in the registry thereof, and the said new bonds
to be recorded in the manner hereinbefore provided.
§ 19. The said board of public works shall from time to water rents.
time, assess as water rents or assessments, such amounts as
14r2 CITIES.
they shall, deem equitable on any lots of land which shall
abut or adjoin any street, avenue or alley in said city, through
which the distributing pipes of the water works of said city
are, or may hereafter be l^id, which shall have a building
or buildings thereon, which can be conveniently supplied
with water from the said pipes ; the said assessment shall
be on the said lots, and on the building or buildings there-
on, whether the water from the water works of said city
shall be used in such building or buildings or on such lot,
or not; nnd the said assessment shall be and become a con-
tinuing lien or charge upon all such lots, and the building
or buildings situated thereon.
Attaching meters § 20. The Said board shall have power to attach meters
to any premises using water, to enable them to determine
the amount to be assessed against such premises ; and as-
sessments so from time to time made shall be a charge and
lien on the lot and building or buildings situated thereon,
as in the case of assessments otherwise levied, and be col-
lected in the same manner as herein provided for other water
assessments.
§ 21, An accurate record of all water rents or assess-
ments shall be kept by said board, which shall be subject to
inspection.
§ 22. Ten days prior to the day designated by the board
for the semi-annual or other periodical payment of the water
assessment, they shall advertise in the corporation newspa-
per of said city, or if there be no corporation newspaper,
then in some other newspaper in said city, that the said water
assessments will at such time become due and payable, and
if such assessments are not paid within thirty days from the
day fixed as above for their payment, then the said board
shall have power to add to such assessment an amount not
exceeding ten per cent, thereot ; and on premises assessed,
but not supplied with water, the said board may make a
discount on the assessment, if the same be paid ■within pe-
riods to be fixed by the board.
Collecting rente. § 23. It shall be the duty of the said board, to collect
the water rents and assessments so assessed ; and in case
the payment thereof shall be neglected or refused for thirty
days after the time fixed for the payment of the same as
hereinbefore provided, then the said board may issue their
warrants, under the corporate seal and attested by the city
clerk, directed to any constable of said city, commanding
him to make the amount specified in such warrant, being
the whole amount due at the date of the issue of such war-
rant for water rents or assessments, as aforesaid, together
with the costs of advertising the same, and such fees as con-
stables are entitled to by the laws of this State in the levy
and sale of personal property upon execntion, out of goods
and chattels of the owner or owners of the lots and build-
ings so assessed, or of the owner or owners either of the
CITIES. 143
lots, or of the building or buildings thereon, if the lot and
building are not owned by the same person or persons ;
and the constable in such case shall levy under such war-
rant, upon any personal property of the person or persons
against whom the same is issued, and shall sell the same at
public auction, after giving ten days' notice of the time and
place of sale in some newspaper published in said city.
§ 24. Commencing with the year 1864, and annually warrants against
thereafter, on or before the last day of October, the said fe'i^^lntl''''^'^^"
board shall issue a warrant or warrants under the corporate
seal and attested by the city clerk, directed to the city col-
lector, (charging him with the amount collectable thereon,
and taking his receipt therefor,) commanding him to make
the amounts set against the several lots or parcels of land
described in said warrant, being the amount of w^ater rents
or assessments which still remain unpaid on said lots, for
the year ending May first next preceding the time of the
issue of such warrants, out of the goods and chattels of the
respective owners of said lots of land, and the same pro-
ceedings shall thereupon be taken, with reference to said
warrants, as with warrants issued by said city for the collec-
tion of assessments for the filling, grading or paving of
streets, and they shall have the same force and eff'ect, ex-
cepting that the said collector shall pay over the amounts
collected by him to the said board of public works, and if
any lots of land be struck off to the said city, at the sale for
such water rents or assessments, as is provided in the case
of other taxes or assessments, the certificates of the sale
thereof shall be issued to the said board of public works,
and shall be held by them for the use and benefit of the
water works of said city. Said board shall have the same
rights under such certificates as other purchasers at tax or
assessment sales, and said certificates shall be assignable by
the endorsement of the president of said board. Said war-
rants for the collection of water assessments, when issued
to the said city collector, shall have the same force and ef-
fect as warrants issued to the said collector by said city for
assessments for filling, grading or paving streets ; like pow-
ers, rights and dnties being hereby conferred and imposed
upon the said city collector, and on all parties interested,
except as provided in this section : Provided^ however^ that
nothing in this section contained shall be so construed as to
prevent said board from resorting to any other method for
the collection of water rents and assessments which may be
authorized in this chapter.
§ 25, If in the issue of the said warrants to the said Back asaessments
city collector, for any one year, the assessments against any
lot or lots should be omitted therefrom, or if from any cause
the assessments on any lots should not be collected under
such warrants, the said board may, in their warrants to be
issued the next year to the city collector, include such back
144: * CITIES.
assessments, or the amounts with which such lots are charge-
able may be collected out of the personal property of the
owners of the lots, or of the buildings, as is hereinbefore
provided, by the issue of the warrants of the board to any
constable in said city.
Sale of property § 26. For the collectiou of all water rents or assessments
rents'!^*^* ^*'" remaining unpaid on the first day of May, a. d. 1863, the
said board may issue their warrants as is provided in sec-
tion twenty three of this chapter, and such warrants shall
authorize the sale of any house or building, on which any
lien shall have attached by reason of such water rent or
assessment, if the building and lot on which the same is
situated are owned by difierent persons ; or if the building
and lot on which it is situated, against which such water
rent is assessed, are owned by the same person, the said board
may as soon after the first day of May, a. d. 1863, as shall
be practicable, report to the common council of said city,
the lots on which there shall remain unpaid such water rents
or assessments, and the common council shall thereupon
take the same proceedings for the collection of such water
rents or assessments, as are provided in this act for the col-
lection of assessments for the repair of sidewalks ; but any
amount collected under these proceedings shall be paid over
to said board, and certificates of sale of lots struck ofi:' to
the city shall be issued as provided in the twenty -fourth sec-
tion of this chapter.
Regulations for § ^7. It shall bo the duty of the board to make all need-
using of water, ful rules and regulations, concerning the use of water sup-
plied by the water works of said city, which regulations
shall be printed in the water permits issued by said board,
and if rules and regulations are needed other than what are
now provided for in the ordinances of said city, it shall be
the duty of the board to report to the common council the
regulations which shall be adopted by them, to provide for
such necessity, and the common council 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 of-
fenses against any of the ordinances of said city. In all
cases where said rules are not complied with, the said board
shall have the right to stop or cut off the supply of water
from premises Mdiere compliance with such rules is refused
or neglected, and the shutting off of the water from such
premises shall not make void the assessment thereon, but
they shall be held for the assessment, as in the case of lots
which are not supplied with water, but which abut upon a
street or alloy where the water pipe is laid.
Water for clean- § 28. The Said board are empowered to make connec-
ing sewers. tious bctwecn the water pipes and sewers of said city, and
to furnish such amount of water for the purpose of cleaning
out such sewers, as shall be required, so far as the water can
CITIES. 145
be conveniently supplied by tlie water works of said city,
witbont lessening the supply needed for the use of its in-
habitants.
S 29. If there shall be an annual income or revenue in Excess of income
o^' 1 o • 1 ' -.to be applied in
any way irom the water works oi said city, greater than is purchase of
needed to paj'' the interest of the bonds issued for their con- ^°^ ^'
struction, and to pay the current expenses of the works, and
for maintaining them in thorough repair, then the said board
shall have the power to direct such excess of revenue to be
used in the purchase of the outstanding water loan bonds,
or in making such additions to the water works of said city
as shall have been approved by the common council, or to
direct such surplus funds to be invested in the purchase of
other bonds of the city of Chicago. The annual report of
said bo/ird shall specify in full what amount of surj)lus funds
shall have been invested, and the nature and amount of the
respective securities held by them. The annual report of
said board shall also show the amount of water loan bonds
outstanding, and all debts outstanding on account of the
water works, and the amounts due from parties to the city
for the water works, and shall accurately and clearly exhibit
all the expenditures of the said board on account of the
same, which statement shall be certified by the commission-
ers of said board under oath.
§ 30. It shall be the duty of the said board, on or before Annual report of
the first day of May in each year, to report to the comp- tr°oUer. ° *^°™^'
troller, what, if any, sum will be needed by said board, over
and above the revenue of said water works, to meet the pay-
ment of interest or principal of the said water loan bonds,
which said report shall be laid by the comptroller before
the common council with his annual estimate, and it shall
be the duty of the common council to raise said amount, if
approved by them, by a special tax, in the same manner as
general taxes, to be designated water tax, or in such other
way as the said common council shall direct, and the said
amount shall be paid over to the city treasurer, to be ap-
plied to the payment of the interest or principal of the water
loan bonds.
§ 31. The said board shall have power to authorize the Raising of money
comptroller of said city to raise by temporary loan upon the
credit of said city of Chicago, with the approval of the com-
mon council, such sums of money as may be needed for the
payment of the interest on the said bonds or the outstanding
obligations of the said city, on account of the water works,
and for which there shall be no funds in the hands of the
treasurer of the said city ; but in all cases such temporary
loans shall be prodded for out of the first revenue received
from the water works into the city treasury.
§ 32, All accounts pertaining to the water works of said
city shall be kept separate and distinct from the accounts
pertaining to other departments of said board ^ and all mon-
146
CITIES.
eys deposited with the city treasurer on account of the wa-
ter works, shall be by him kept separate and distinct from
all other moneys, as the water fund, and shall only be ap-
plied for the uses and purposes for which the same were re-
ceived ; and such moneys shall be held by the treasurer of
the city as a special fund, separate and distinct from other
funds ; and he shall be deemed guilty of embezzlement if
he shall pay out such moneys for any account other than
that belonging to such water fund, and shall be liable to in-
dictment for so doing.
Injury done to § ^^- I^ ^^J psrsou sliall willfullv do Or cause to be done
property. any act, whereby any work, material or property whatever,
constructed, provided or used within the city of Chicago or
elsewhere, by the said board, or by any person acting under
their authority, for the purpose of procuring or keeping a
suj)ply of water, shall in any manner be injured, or if any
person shall willfully pollute the water, such person shall
be subject to indictment, and upon conviction thereof shall
be punished by fine not exceeding one thousand dollars, or
imprisonment not exceeding six months, or both, in the dis-
cretion of the CO art.
§ 34. All acts or parts of acts inconsistent with the pro-
visions of this chapter are hereby repealed.
CHAPTEK XVI.
CHICAGO SEWERAGE WORKS.
§ 1. The board of public works of the city of Chicago
shall have charge and superintendence of the sewers of said
city, and of all works pertaining thereto.
Drainage of soil § ^' I^ shall bc the duty of the said board to examine
and cellars. and cousidcr all matters relative to the thorough, sj^stematic
and effectual drainage of the city of Chicago, not only of
surface water and filth, but also of the soil on which said
city is situated, to a sufficient depth to secure dryness in
cellars, and entire freedom from stagnant water, and in such
manner as best to promote the henlthfulness of said city.
Books and charts § 3. Tlic Said board sliall liavc powcr to purchase such
books, charts and other works as may be found necessary or
useful, and to cause such surveys to be made within said
city, and outside of its limits, as may be required in carrying
out the objects of this chapter.
§ 4. The said board shall have power to construct reser-
voirs, and to lay sewers or drains, in and through all the
alleys and streets of the said city, and in an}'^ highway in
Cook county, and also across all rivers and streams, not in-
terfering with the navigation of the same, and through any
or all breakwaters into Lake Michigan, whether within the
limits of said city or not.
CITIES. 147
§ 5. The said board are hereby empowered, witli the canais from chi-
approval of the common council of said city, to construct *'*^° "^^"^"
canals or sewers connecting Lake Michigan with Chicago
river or its branches, and such other canals, ditches, dams,
sewers, embankments, reservoirs, pumping works or other
works, and such buildings, machinery and fixtures, as they
may find necessary or useful for the carrying out of the pur-
pose of this chapter, whether the same are made within or
without the limits of said city.
§ 6. The said board shall have povrer to purchase, hold Purchase and
and convey, any personal and real estate which may be estaief
necessary and proper to carry out the intention and objects
of this chapter; but the title to all real estate purchased
shall be taken in the name of the city of Chicago, and no
such purchase shall be made without the approval of the
common council being first had thereto.
§ 7. The said board are hereby authorized to enter upon Entering upon
any land or water, for the purpose of making surveys or ^°'^°-
constructing any of the works authorized by this act, and to
agree with the owners of any property which may be re-
quired for the purpose of this act, as to the amount of com-
pensation to be paid to such owners for the property so
taken, or the amount of damages to be paid to such owner
or owners by reason of the construction of any of the works
hereby authorized, but no such agreement shall be binding
on said city until first approved by the common council
thereof.
§ 8. In case of disagreement between the board and the
owners of property, which may in the judgment of said
board be required for any of the purposes specified in this
chapter, as to the amount of compensation to be paid to
such owners, or in case such owner shall be an infant, a
married woman, or insane, or absent from this State, or in
case of disagreement between the said board and any owner
or owners of property, touching the amount of damages
arising from the construction of any part of the work hereby
authorized, the said board shall have the right to condemn
said property, or to have the amount of such damages ascer-
tained, or both, and the proceedings for the condemnation
of such property, or the ascertainment of such damages, or Damages in using
both, shall conform as nearly as may be to those specified ^'^°^-
and provided in the act entitled " An act to amend the law
condemning right of way for purposes of internal improve-
ment,'' approved June 22, 1852, and the act or acts of which
the same is an amendment.
§ 9. It is hereby made the duty of the said board to Grading streets,
report to the common council what grade or changes of
grade of the streets and alleys of said city are necessary to
secure their thorough drainage and sewerage, as is contem-
plated by this chapter, and the common council may there-
upon by ordinance establish or alter such grades. The said
148 CITIES.
board may make such arrangements or alterations of tlie
gutters along the streets and alleys included in those parts
of the city the drainage from which can be conveniently
introduced into the sewers, as shall be necessary to cause a
rapid aud effectual removal of the surface water from the
same ; and to this end may enter upon, use and obstruct the
said streets for such time as may be necessary to effect said
object.
Private drains § 10. The Said board, while constructing the said drains
and sewers. qj. g^wers as herein provided, may construct such additions
to the same as they shall deem expedient, to furnish the
proper plans of connection with the private drains or sew-
ers to be thereafter constructed, and the cost of such addi-
tions may be charged and assessed as a part of the expenses
of said private drains or sewers connecting therewith, when
such private drains or sewers shall be constructed, and shall
be chargeable to the lot or lots for the benefit of which the
same are constructed, and collected, in the same manner as
hereinbefore in this act provided for the collection of the
cost of such private drains or sewers.
§ 11. The cost of the private drains and sewers, con-
necting the respective lots in said city with the public sew-
ers, shall not be included in the cost of the general plan of
sewerage, but the same shall be a special charge upon the
lot or lots for whose benefit such private drain or sewer shall
be constructed, and shall be collected as hereinbefore in this
act provided.
§ 12. It shall be the duty of said board to prescribe the
ing private with location, arrangement, form, material and construction of
pubUc drama. Qy^^j private drain or sewer emptying into the said public
drains or sewers, and to determine the manner and plan of
such connection ; and the work of constructing the same,
shall be in all cases subject to the superintendence and con-
trol of the said board, and shall be executed strictly in com-
pliance with their orders.
§ 13. It shall be the duty of the said board to construct
or provide for the construction of private drains or sewers
to communicate with the public drains or sewers, from every
lot in the said city, which in their judgment requires it ;
and whenever the said board, by virtue of this act, are
authorized to construct any such private drain or sewer, it
shall be lawful for the said board, or their agents, to enter
upon any of said lots and to construct thereon such drain
or sewer, and for that purpose to have free ingress and
egress upon said lot or lots, with men and teams, and to
deposit all the necessary building materials, and generally
to do and perform all things necessary to a complete execu-
tion of the work.
conBtruoting of § 14. The Said board shall have power to regulate the
privies, etc. coustruction of privics, and the manner of cleaning the
same, and to construct aud regulate the construction of
CITIES. 149
cess-i30ols, and provide for the draining of privies and cess-
pools, and like notices shall be served, so far as may be,
and like proceedings had, and like measures taken for col-
lecting the cost and expense, as is hereinbefore in this act
provided in the case of repairs of sidewalks.
§ 15. The said board of public works are hereby em- sewerage bonds.
powered to issue all bonds now authorized to be issued
under the law of this State incorporating a board of sewer-
age commissioners for the city of Chicago, approved Feb-
ruary 14, 1855, and under an act in addition to the same,
approved February 14, 1859.
§ 16. For the carrying out of the purposes and objects Borrowing of mo-
of this chapter, the said city shall have power to borrow "ondT*^ "*"^ °^
from time to time, as the board of public works and the
common council of said city shall deem expedient, a sum of
money not exceeding five hundred thousand dollars, upon
the credit of said city of Chicago, and said board shall
have power, by and with the approval of the common coun-
cil, to issue bonds pledging the faith and credit of said city,
for the payment of the principal and interest ot said bonds ;
but no bonds shall be issued until the common council shall
have approved ol such issue, by a vote of a majority of all
the aldermen by law authorized to be elected, and all bonds
issued by said board, before they shall be binding upon said
cit}'-, shall be marked approved by the mayor and clerk of
said city, under the seal of said city, and such signature
and seal shall be conclusive evidence to the holder of said
bonds, of the fact of such approval : Provided^ that all
sales of sewerage loan bonds, which may be issued by said
board, shall be made only by the comptroller of said city,
who on making such sales shall deposit the proceeds thereof
with the city treasurer to the cred't of the sewerage fund,
and shall file with the said board a duplicate receipt of the
said treasurer for the amount of such deposit : Provided^
also^ that all funds derived from the sale of the sewerage
loan bonds of said board, or otherwise, for the sewerage
works of said city, shall be exclusively used and appropri-
ated by said board, to the objects and purposes pertaining
to the sewerage of said city, herein specified, nor shall the
same or any part thereof, be used by the said board, for any
other purpose.
§ it. It shall be the duty of the said board, at any time Report and esti-
when they shall desire to make an issue of bonds, as herein ™^*«3 °f <=o^^«-
authorized, to make a report to the common council, setting
forth the nature and amount of work proposed to be exe-
cuted, and the amount which will be required by them for
such purposes, within a period to be stated by them in said
report, which report shall be accompanied by an estimate
of the cost of the things required to be purchased and of
the work to be done ; and the common council may there-
upon approve the issue of the whole amount of bonds,
150 CITIES.
called for by such report, or such part thereof as the com-
mon council may deem expedient.
Bate of interest § !§. The Said bouds shall bear interest not exceeding
on bonds. seveu per cent, per annum, and shall not be sold at a rate
which will net to the said board, less than their par value,
unless the common council of said city, shall, by a vote of
a majority of all the aldermen elected, authorize the comp-
troller of said city to sell the same at a lower rate, and then
only at such rate as shall be fixed by said council: Provided^
however, that reasonable commissions to brokers or agents
employed in procuring the sale or negotiation of said bonds,
may be paid by said comptroller.
Bonds— registry § ^^ • ^^ sliall be the dut}" of Said board to keep an accu-
of- rate register of all bonds and all interest coupons, issued for
the construction of said sewerage works, showing the num-
ber, date, and amount of each bond and coupon, and to
whom issued or sold, and when and where payable, and the
particular bonds at any time outstanding.
§ 20. It shall be the duty of the comptroller of the city
of Chicago, to keep such a record of all bonds, now or here-
after to be issued for the sewerage of said city, as shall at
all times exhibit the number and amount of such bonds
outstanding, the rate of interest, and when and where the
principal and interest are payable.
Purchase of §2^- It shall bc the duty of the Comptroller of Said city
bonds and re- to pay the interest on said sewerage loan bonds, and also
the principal as the bonds shall become due. The said
comptroller, when there are funds for that purpose, may
with the approval of the said board, purchase any such
sewerage loan bonds, whether the same have become due
or not ; and in case there are not sufficient sewerage funds
in the treasury of said city, to meet all of the said bonds,
when the same shall become due, the said board shall have
the right to issue new bonds, in the same manner as here-
inbefore provided, for such amount, and on such time, as
the said board and the common council of said city shall
deem expedient, in tlie place of bonds so becoming due as
aforesaid ; the said old b( nds to be canceled in the registry
thereof, and the said new bonds to be recorded in the man-
ner hereinbefore provided.
Report of yearly § 22. It sliall be the duty of the board to report to the
estimate. Comptroller, on or before the first day of May in each year,
the amount which will be required to be raised for the
municipal year next ensuing, to meet the payment of inter-
est to accrue during said year on all the bonds theretofore
issued, or which arc during said year to be issued, for the
sewerage of the said city,
sinking fund, § 23. It sliall be the duty of the said board further to
report to the comptroller, at the time named in said last
section, such amount as they shall, upon calculation, find
necessary in order to provide a sinking fund for the liquida-
CITIES. 151
tion of the bonds so issued as aforesaid at tlie maturity
thereof: Provided, that the amount to be raised for such
sinking fund shall not exceed two per cent, of the amount
of bonds theretofore issued, and which are during said year
to be issued ior the sewerage of said city.
§ 2-i. The said board shall at the same time also report salaries and inci-
to the comptroller the sum which will be by them required ges!''*' ^^^^^'
to pay salaries and incidental expenses, and for the cleaning
and repairing, and for the proper maintenance of the sewers
of said city. The reports required in this and the two pre-
ceding sections shall be laid by said comptroller before the
common council with his annual estimate.
§ 25. The amount which shall be so reported to the spedai tax.
common council as provided in said last three sections, shall
be raised by the said common council by a special tax on
the property of the city, to be designated sewerage tax,
which shall be collected in like manner with the other taxes
of said city; and the amounts so collected shall be paid over
by the collector of said city to the city treasurer, who at the
end of each month shall report to the board of public works
the amount of the sewerage tax paid over to him during
such month,
§ 26. It shall be the duty of the said board to direct the sinking fund for
comptroller of said city to invest the amount heretofore bonds!'""^ °^
raised or hereafter to be raised to provide a sinking fund
for the liquidation of said bonds, and such investment shall
be by the purchase of said bonds, or other bonds of the
city of Chicago, and in like manner to invest the interest
received on such last mentioned bonds, and to invest and
re-invest said sinking fund and all proceeds thereof in such
manner as to make the same available for the liquidation of
the said bonds. Al! such investments shall be made in the
name of the said city, and shall be designated as the sewer-
age sinking fund, and shall in no case be used or appropria-
ted for any other purpose whatsoever than the liquidation
of the said bonds. The annual report of said board shall
specify in full the nature and amount of the respective
securities in which the said sinking fund is invested. The
annual report of said board shall state the progress and
condition of the sewerage works, shall also show the amount
of sewerage loan bonds outstanding, and all debts outstand-
ing on account of the sewerage works, and the amount due
from parties to the city for the sewerage works, and shall
accurately and clearly exhibit all the expenditures of the
said board on account of the same, which financial statement
shall be certified by the commissioners of said board under
oath.
§ 27. The said board shall have power to authorize the Temporary loaa
comptroller of said city to raise by temporary loan upon the ^te?eTt™^°* °^
credit of said city of Chicago, with the approval of the com-
mon council, such sums of money as may be needed for the
152 crn:E5.
payment of the interest on the said bonds, or the outstand-
ing obligations of the said city on account of the sewerage
works, and for which there shall be no funds in the hands
of the treasurer of the said city ; but in all cases such tem-
porary loans shall be provided for out of the j&rst sewerage
tax, or other revenues on account of the sewerage works,
received into the city treasury.
§ 28. All accounts pertaining to the sewerage works of
said city shall be kept separate and distinct from the accounts
pertaining to other departments of said board ; and all moneys
deposited with the city treasurer, on account of the sewerage
works, shall be by him kept separate and distinct from all
other moneys, as the sewerage fund, and shall only be
applied for the uses and purposes for which the same were
received.
Injury to sewers § 29. If any pcrsou shall willfully or maliciously, obstruct,
punished. damage or injure any public or private sewer or drain in
said city, or willfully injure any of the materials employed,
provided or used in said city for the purposes specified in
this act, he shall be subject to indictment, and upon convic-
tion thereof shall be punished by fine not exceeding one
thousand dollars, or imprisonment not exceeding six months,
or both, in the discretion of the court.
General rules and § 30. It shall bc the duty of the board to make all neces-
reguiations. Q^j,y rules, regulations and restrictions concerning the public
and private sewers or drains of said city and to report to the
common council the regulations which shall be adopted by
them, and the common council shall thereupon pass an
ordinance establishing such rules and regulations and pro-
viding penalties for their violation, which penalties may be
enforced in any court having jurisdiction of any offenses
against any of the ordinances of said city.
§ 31. The provisions hereinbefore contained, for the
establishment of a sinking fund shall be deemed and taken
as a part of the contract with the parties purchasing said
bonds, and shall not be repealed or modified so as in any
manner to impair the security thereby afl:brded to the said
bond holders.
§ 32. All acts or parts of acts, inconsistent with the
provisions of this chapter are hereby repealed.
CHAPTER XVII.
MISCELLAJJEOUS AND SUPPLEMENTAKT.
Publication of § 1- Evcry ordinance, regulation or by-law, imposing
aws and ordi- qj^„ penalty, fiuc, imprisonment, or forfeiture, for a violation
of its provisions, shall, after the passage thereof, be pubhslied
six times in the corporation newspaper, and proof of such
publication by the affidavit of the printer or publisher of
CITIES. 153
said newspaper, taken before any officer authorized to
administer oaths, and filed with the city clerk, or any other
competent proof of snch publication, shall be conclusive
evidence of the legal publication and promulgation of such
ordinance, or by-law, in all courts and places.
§ 2. All ordinances, regulations and resolutions, now in
force in the city of Chicago, and not inconsistent with this
act, shall remain in force, under this act, until altered, modi-
fied or repealed by the common council, after this act shall
take efi"ect.
§ 3. 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.
§ 4. All j)roperty, real, personal or mixed, belonging to city property.
the city of Chicago, 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 super-
seded in conformity to the provisions hereof; but shall be
governed by this act, which shall take eifect from and after
its passage,
§ 5. This act shall not invalidate any legal act done by
the common council of the city of Chicago, or by its officers ;
nor divest their successors under this act, of any rights of
property or otherwise or liability which may have accrued
to, c r been created by, said corporation prior to the passage
of this act.
§ 6, JSTo person shall be an incompetent judge, justice, jurors and mi-
witness, or juror, by reason of his being an inhabitant or ''«^^^^-
freeholder in the city of Chicago, in any action or proceed-
ing in which the said city shall be a party in interest.
§ 7. All officers of the city, created conservators of the Arrests.
peace by this act, shall have power to aiTest, or cause to be
arrested, with or without process, all persons who shall
break or threaten to break the peace, and, if necessary, de-
tain such persons in custody over night in the watch-house,
or other safe place, and shall have and exercise such other
powers as conservators of the peace, as the common council
may prescribe.
§8. The cemetery lots which have been or may here- '^^"'l*"'*^' ,^''-
n ^ ^ • ^ iiii •I'p • i • ^mpt from tax.
atter be laid out and sold by said city tor private places ot
burial, shall, with the appurtenances, forever be exempt
from execution and attachment.
§ 9. It shall be lawful for the recorder's court to sentence
. criminals convicted of offenses committed in the city of Chi-
cago, punishable by imprisonment in the county jail, to im-
prisonment in the city bridewell, to be there kept at labor.
§ 10. The city of Chicago shall not be liable in any
case for the board or jail fees of any person who may be
;, committed by any officer of the city, or by any court or
—13
154 CITIES.
magistrate, to the jail of Cook county, for any offense pun-
ishable under the statutes of this State.
Appeaistaien by § ^1' When m any suit the city of Chicago prays an ap-
city. peal from the judgment of any court in this State to a
higher court, it shall not be required to furnish an appeal
bond ; nor shall any aflSdavit of merits be required of said
city in any suit to which it is a party defendant, to entitle it
to defend the same. No suit shall be brought against the
city except in a court of record ; nor shall any writ of exe-
cution be issued for the collection of any judgment recov-
ered against said city.
§ 12. All ordinances of the city, when printed and pub-
lished by authority of the common council, shall be received
in all courts and places without further proof.
§ 13. 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.
p„_. , , . S 14. Nothine; in this act contained shall be held to re-
force. peal either oi the lollowmg acts, to-wit : " An act to adjust
and settle the title to the wharfing privileges in Chicago,
and for other purposes," approved February 27th, 1845, and
" An act to amend an act entitled ' An act to adjust and set-
tle the title to the wharfing privileges in Chicago, and for
other purposes,' approved February 27th, 1847, and in rela-
tion to wharves and docks in said city," approved February
11th, 1853 ; but both of said acts, with the exception of the
fifth section of the first mentioned act, are hereby ratified
and continued in force.
Claims' commis- § 1^. Scction sixty-six and a half of the act amendatory
sioneis. of the city charter, approved February 18th, 1861, consti-
tuting a board of claims' commissioners in and for said city,
is hereby repealed.
S 16. All aldermen now in ofiice, and whose terms by
Aldermen hold- , " _ . . ... .,, . . m ji
ing over ill office Virtue 01 prcviously existing hivvs will not expire until the
,year 1864, shall represent in tlie common council the re-
spective wards in which they reside, as the same are hereby
established, to the end of the term for .which they were
chosvn ; but if, in any case, more than two such aldermen
shall happen to reside in the same ward, two of them, to be
designated by lot, shall retain their seats as above provided,
and the other or others shall retire from oflice on the first
Monday of May next. Two aldermen shall be chosen, at
the next annual election, in each of said wards which would
not otherwise be fully represented in the common council.
But no alderman shall be then chosen in any ward which,
by virtue of the provisions of this section, will be fully rep-
resented in the common council during the ensuing munici-
pal year.
Election of com- § 17. One commissioner of the board of public works
boaid'°of"pubu/ shall be elected at the next annual election to succeed the
worka. commissioner whose term of ofiice will expire on the first
CITIES. 155
Monday of May next. That one of the other two commis-
sioners, now in office, having the shortest term to serve,
shall continue in office until the first Monday of May, 1865,
and the one having the longest term to serve shall continue
in office until the first Monday of May, 1867, at which sev-
eral times their respective terms of office shall expire. The
provisions of this section shall also extend to and include
the commissioners of the board of police, except as to the
time of their continuance in office, which shall be until the
first Monday of May, 1864, for the one having the shortest
term to serve, and until the first Monday of May, 1865, for
the one having the longest term to serve.
§ 18. Any vacancy now existing in the office of police
justice, or which may occur before the first Monday of May
next, may be filled in the manner prescribed by present
laws ; but the police justices then in office shall hold only
until the election and qualification of their successors.
§ 19. The two guardians of the reform school, now in Reform school
office, having the longest term to serve, shall continue in ^^^^
office until the first Monday of June, 1865 ; the two guar-
dians having the next longest term to serve shall continue
in office until the first Monday of June, 1864 ; the other
three guardians shall continue in office until the first Mon-
day of June next ; at which several times their respective
terms of office shall expire.
§ 20. The supervisors now in office, who were elected ward supervi-
from the difl'erent wards of the city of Chicago as they were
heretofore constituted, shall continue in office until the expi-
ration of the term for which they were chosen. At all fu-
ture elections for town officers, one supervisor shall be
elected in each of the wards of said city, as the same are
hereby established.
§ 21. The offices of overseer of the poor, commissioner Offices aboUshed.
of highways, overseer of highways, and pound master, in
and for the towns of JSTorth Chicago, South Chicago and
West Chicago, respectively, are hereby abolished ; and
hereafter the town clerk of neither of the said towns shall
receive for his official services a compensation exceeding one
hundred dollars a year ; nor shall it hereafter be lawful to
raise a tax for town purposes in either of said towns ex-
ceeding one thousand dollars a year in any one year. All Transfer of school
school property and all other public property of every de- p^'^p^'^^-
scription in the towns of Korth Chicago, South Chicago and
West Chicago, shall belong and be forthwith transferred to
the city of Chicago. All moneys in the hands of the trea-
surer of Cook county or in the hands of any town officer or
agent collected or raised for school purposes, or for the con-
struction or repair of highways or bridges, in either of said
towns, including money received for licenses^ and all such
moneys as shall hereafter come into the hands of said trea-
surer or other officer, shall be paid over to the treasurer of
156 CITIES.
tlie city of Chicago, and said moneys shall be applied by
said city to the purposes for which the same were collected
or raised.
§ 22. The first election of all city officers to be chosen by
the people, shall be held, except as is herein otherwise pro-
vided, on the third Tuesday of April next.
§ 23. This act shall not operate or be construed to ex-
tend to any railroad company any rights, privileges or ben-
efits which they do not now possess under their respective
acts of incorporation or existing laws.
Railroads in city. § 24. Whenever any railroad or railway company which
has been heretofore or may hereafter be authorized to ex-
tend its railway track along the streets and alleys and across
and over the waters controlled by the city within the limits
of said city, shall desire to use the track or tracks of any
other railroad or railway company in said streets and alleys
and across the waters controlled by said city within said
limits for the passage of their cars and engines and the
transaction of their business or either, it shall be lawful for
Application of such compauv to applv by petition to the iud^e of the cir-
riilro&d coning- x v l x */ */ l ci o
ny to judge cir- cuit court of Cook couuty, for such leave, and the owner or
i"ave.'°"'^' ^**' owners of such track or tracks so desired to be used having
been first notified to appear and answer to such petition, it
shall be the duty of said court to appoint three commission-
ers to determine the time or times, mode, manner, extent,
and rates, at which such track or tracks may be used
as aforesaid, and the said commissioners shall grant a certi-
ficate to the party or parties so applying, setting forth in
such certificate their decision, and the party applying as
aforesaid, acting in pursuance of such certificate, shall be
authorized to use such track or tracks, in compliance with
Appeals from de- such Certificate. An appeal may be taken by either party
^ °ud°e **^ *''^*^"'' ^^ ^^® circuit court of Cook county Irom such decision. All
proceedings in said court and before said commissioners
when so appointed shall be conducted in the manner pro-
vided for the condemnation of rights of way, in an act to
amend an act for the condemnation of rights of way, enti-
tled " An act to amend the law condemning right of way
forjpurposes of internal improvement," approved June 22d,
A. D., 1852, and the amendments thereto. The provisions
'->' Sunning of regu- of this scctiou sliall not authorize the use of the railwa}''
be"^ "^^X^fered track of any party for the running of the regular trains of
'^"''*- another l>arty, or in such manner as in any way to interfere
with the running of the regular trains, or materially with
the general business of the party owning such railway track,
and such use of such railway track, and the cars and the
engines passing over the same, shall be under the
exclusive direction and control of the superintendent of
the railway the track of which is so used, and shall be lim-
ited to the railway tracks laid down in, along, and over, the
streets, all-eys and waters of said city, as hereinbefore stated.
CITIES. 15.7i
Whenever by the use of any such track under any decision
made as above specified, either party shall deem the terms
of said use unjust, or inequitable, or to require revision, he
or they may have a readjustment of the same upon applica-
tion and jiearing in the manner herein above provided.
§ 25. This act shall take effect from and after its passage.
Approved February 13, 1863.
ii-':ftfhnsiiif.;.'l'
AN ACT to incorporate the city of Shelby ville, in Shelby county. In force Februai y
16, 1S63.
ARTICLE I.
OF THE BOUNDARIES.
Section 1. JBe it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the in-
habitants of the town of Shelby ville, in the county of Shelby,
and State of Illinois, be and they are hereby constituted a bo-
dy politic and corporate, by the name and style of the "City
of Shelbyville," and by that name shall have perpetual suc-
cession, may sue and be sued, plead and be impleaded, in
all courts of law and equity ; and may have and. use a com-
mon seal, and alter the same at pleasure.
§ 2, The following district of country shall be included Boundaries,
within the boundaries of said city of Shelbyville, to wit :
One half of a mile north, west, and south from the south-
east corner of lot number one, in block number ten, in the
original town of Shelbyville, and one-fourth of a mile east
from the south-east corner of said lot one ; and also, Thom-
as Lewis' addition, Charles C. Scovil's addition, Earp &
Tackett's addition, and Crane & Stevenson's addition to
said town of Shelbyville.
§ 3. Any tract of land adjoining said city of Shelbyville, ^^^^^''>'^ *« «'<y-
which has been laid off into town lots and duly recorded as
an addition to the town of Shelbyville, and any tract which
may hereafter be so laid out and duly recorded, shall be an-
nexed to and form a part of the city of Shelbyville.
§ 4. The inhabitants of said city, by the name and style corporate pow-
of the "City of Shelbyville," shall have power to sue and be "^"
sued, plead and be impleaded, defend and be defended, in
all courts of law and. equity, and in all actions whatsoever,
and to purchase, receive and hold property, both real and
personal, in said city ; and to purchase, and hold real prop-
erty, beyond the limits of said city, for burial grounds for
the use of the said inhabitants, and to sell, lease, convey,
and improve property, both real and personal, for the use
of said city, and to do all things in relation thereto as nat-
ural persons.
158 CITIES.
ARTICLE II.
OF THE CITY COUNCIL.
§ 1. There shall be a city council, to consist of a presi-
dent and four councilmen.
§ 2. The board of councilmen shall be elected by the
qualified voters of the city, and shall serve for one year.
Qualification of § 3. No pcrsou shall be a member of the city council
eounciimen. -^Jjq jg j^qj-^ ^I- |.j^g ^Jjjjq q^ j^jg electiou, a resident of the city,
twenty one years of age, a citizen of the United States, or
who shall not, at the time of his election, have been a resident
of the State for twelve months, and be a freeholder in said
city.
Quorum. § 4. The City council shall judge of the qualifications,
elections and returns of its own members, and shall deter-
mine all contested elections, and a majority shall constitute
a quorum.
Rules and records § 5. The city couucil shall liave powcr to determine the
rule of its proceedings, panish its members for disorderly
conduct, and shall keep a complete record of its proceedings ;
and the yeas and nays, when demanded by any member,
shall be entered on the record.
Vacancies. § 6. All vacaucics that may occur in the city council,
during the year of service, shall be filled by the council.
§ 7. The president and council shall tak^ an oath, before
entering upon the duties of office, that they will well and
truly perform the duties of their office, to the best of their
skill and ability, and such other oath as the constitution and
laws of the State may require.
§ 8. The city council shall meet at such times and places
as may be prescribed by ordinance.
ARTIC LE III.
OF THE PKESIDENT.
§ 1. The chief executive officer of the city shall be a
president, who shall be elected by the qualified voters of the
city, and shall hold his office for two years, and until his
successor shall be elected and qualified.
§ 2. No person shall be eligible to the office of president
who shall not have been a resident of the city for one year
next preceding the election ; who shall not be at least twen-
ty-five 3''ear8 of age ; who shall not be a citizen of the United
States and who shall not be a freeholder in said city.
Filling of vacan- | 3. Whenever any vacancy shall occur in the office of
president, it shall be filled by election, as may be prescribed
hj ordinance ; and in all contests, as to the election of presi-
dent, the council shall decide.
cies.
CITIES. 159
§ 4. The president shall preside at all meetings of the President,
council, and shall have the casting vote only ; and, in case of
his absence at any meeting of the council, a chairman fro
tern, shall be appointed by the council.
§ 5. The president, or any two councilmen, may call
special meetings.
§ 6. The president is hereby authorized to call on all able- Enforcing onaws
bodied inhabitants of said city, over the ageot eighteen years,
to aid in the enforchig the laws and ordinances; and any
person who shall not obey such call shall forfeit and pay a
fine of not exceeding ten dollars.
§ 7. The president shall be conservator of the peace of ^^^^^^ ^^ p""®^'"
said city ; shall have power, generally, to administer oaths
and to issue writs and process under the seal of the city ; to
take depositions, the acknowledgment of deeds, mortgages
and other instruments in writing, and certify the same, un-
der the seal of the city, which shall be good and valid in
law ; and he shall receive for such services the same fees as
clerks of the circuit court.
S 8. He shall have exclusive iurisdiction in all cases Jurisdiction of
S. 1 ,1 T ji ii .• 1 justice of peace.
arismg under the ordinances oi the corporation, and concur-
rent power and jurisdiction with justices of the peace in all
civil and criminal cases within the county of Shelby, arising
under the laws of this State ; and for such services, in such
cases, he shall receive the same fees and compensation as
justices of the peace.
§ 9. In case the president shall be guilty of a willful and ^c^af'^isconduTt]
palpable omission of duty, or shall willfully and corruptly
be guilty of oppression, malconduct or partiality in the dis-
charge of his duties, he shall be liable to indictment in the
circuit court of Shelby county, and, upon conviction, shall be
fined not exceeding two hundred dollars ; and the court
shall have power, upon the recommendation of the jury
who may try said indictment, to add to the judgment of the
court that he be removed from office.
§ 10. In all cases before the president, arising by ordi-
nance or otherwise, appeals shall be allowed to the circuit
court of Shelby county, in the same manner as in similar
cases before justices of the peace.
ARTICLE IV.
OF THE LEGISLATIVE POWERS OF THE COUNCIL.
§ 1. The city council shall have power to levy and collect ^'*y **''««•
taxes upon all property, real and personal, within the limits
of the city, not exceeding one-half per centum upon the value
thereof, and may enforce the payment thereof by ordi-
nance, not inconsistent with the constitution and laws of this
160
CITIES.
Public grounds.
Carriages, etc.
Exhibitions.
Fires, etc.
State. And the term " property," as used in this act, shall
be construed to mean the same as the word "property," as
used in the general revenue laws of this State.
§ 2. The city council shall have power to appoint a'
clerk, treasurer, assessor, marshal, supervisor of sti^eets, col-
lector, and all such officers as may be necessary to carry
out the objects of this act, and the by-laws and ordinances
passed in pursuance thereof.
§ 3. The city council shall have power to require of all
officers appointed in pursuance of this charter, bonds, with
sufficient penalty and security, and also take an oath, for the
faithful discharge ot their duties.
§ 4. To appropriate money, and provide for the payment
of the debts and expenses of the city.
§ 5. To make all necessary regulations to secure the
health of the inhabitants ; to declare what shall be a nui-
sance, and to prevent and remove the same. ',
§ 6. To provide the city with water, and to erect hy-
drants and pumps in the streets, for the convenience of the
public.
§ 7. To open, alter, abolish, widen, extend, establish,
grade, pave or otherwise improve and keep in repair streets,
squares, avenues, lanes and alleys.
8. To erect and keep in repair bridges; to provide for
lighting the streets and erecting lamp posts.
9. To establish, maintain and regulate night watches.
10. To establish markets, erect market houses and places,
and provide for the government and regulation of the
same.
11. To provide for the erection of all needful buildings
for the use of the city.
12. To provide for inclosing, improving and regulating-
all public grounds belonging to the city.
13. To license, tax and regulate auctioneers, merchants,
grocers, retailers, taverns, ordinaries, saloons, hawkers, ped-
dlers and pawnbrokers.
14. To license, tax and regulate hackney carriages, wag-
ons, carts and drays, and fix the rate to be charged for the
carriage of persons, and for the wagonage, cartage and dray-
age of property.
15. To license and regulate porters.
16. To license, tax and regulate theatrical and other ex-
hibitions, shows and amusements.
17. To restrain, prohibit and suppress gaming houses,
bawdy and other disorderly houses.
18. To suppress gaming of all kinds.
19. To provide for the prevention and extinguishment of
fires ; and to establish fire companies.
20.
flues thereof.
To regulate
the fixing of chimnies, and to fix the
CITIES. 161
21. To regulate tlie storage of gunpowder and other
combustible materials.
22. To establish standard weights and measures, and weighing^ and
regulate the same, to be used in the city, not repugnant to ™^''^"''"'°-
the laws of this State.
23. To provide for the inspection and measurement of
lumber, and other building materials.
24. To provide for the inspection and weighing of hay,
stone-coal, and the measurement of charcoal and firewood.
25. To provide for the inspection of beef, pork, flour,
meal, butter, lard, and other provisions.
26. To provide for taking the enumeration of the inhabi- census,
tants of the city.
27. To regulate the size of brick to be used or sold in
the city.
28. To regulate the election of city ofiicers, and provide Election.
for the removal from oflice of any person holding an office
by ordinance.
29. To hx the compensation of all city officers, and regu-
late the fees of jurors, witnesses and others, for services
rendered under this act, or under any ordinance.
30. To regulate the police of the city; to impose fines, PoUce.
forfeitures and penalties, for the breach of any ordinance,
and to provide for the appropriation and recovery of such
fines and forfeitures, and the enforcement of such penalties.
31. To regulate, suppress and prohibit billiard tables
and bowling alleys.
§ 32. The city council shall have power to make all ordinances,
ordinances which shall be necessary and proper to carry
into execution and effect the powers specified in this act,
and which may be necessary for the good government and
general health and improvement of the city, not repugnant
to the constitution and laws of this State.
§ 36. The style of the ordinances shall be, ^^ Be it
ordained hy the City Council of the City of Shelhyvilley
§ 37. All moneys, collected under any city ordinance,
shall be deemed and taken to belong to the city, and shall
be appropriated and disposed of by the council, for the use
and benefit of the city.
§ 38. All ordinances, within one month after their pas- Publication of
sage, shall be published in some newspaper in said city, or
posted up in four public places thereof, and shall not be in
force until five days after such publication or posting.
§ 39. All ordinances of the corporation may be proved Printing of laws,
by the seal thereof, and when printed in book or pamphlet
form, and purporting to be printed by the authority of the
corporation, or when shown with the seal of the corporation
attached thereto, the same shall be received in evidence in
all courts and places, without any further proof.
CITIES.
Compensation
for damages to
property.
ARTICLE V.
PEOOEEDINGS IN SPECIAL CASES.
§ 1. When it shall be necessary to take private property
for opening, widening, extending or altering any street, lane,
avenue or alley, the corporation shall make just compensa-
tion therefor, and vs^hen the same cannot be agreed upon, the
president shall cause a jury of twelve persons, disinterested
and freeholders of the city, to ascertain said compensation ;
and the person whose property is proposed to be taken shall
have ten days' notice of the intention to select the jury
aforesaid, and may appear at the office of the president and
exercise the same privileges of challenge as persons can in
civil cases in the circuit courts of this State.
§ 2. In case the person whose property it is proposed
to take shall be a non-resident, notice of the selection of
said jury, and the object of said selection, and the time and
place when and where the selection will be made, shall be
given by publication in some newspaper published in said
city, at least thirty days before the time for selection, and
then the same rights shall be enjoyed as in section one of
this article.
§ 3. When the owners of all the property on any street,
avenue, lane or alley, shall petition for opening, widening,
or altering the same, the city council may open, widen or
alter the same, as may be prescribed by ordinance.
§ 4. In all cases, in taking private property as provided
in this article, the venire for a jnry shall be issued by the
president, and the jury shall be first duly sworn, and shall
estimate only the value of the property to be taken, and
having determined this, shall return their inquest, under
their hands and seals, to the president ; and until the value
of the land so proposed to be taken shall be paid to tlie
proper person, or, in case his absence from the city, shall
be placed in some safe deposit, the land shall not be appro-
priated.
§ 5. When such inquest shall be properly returned, the
president shall report the same to the city council, and the
clerk of the council shall thereupon give ten days' notice,
in some newspaper published in said town, that the inquest
has been returned, and that on a certain day it will be con-
firmed by the council, if no objections are made to appear.
Objections may be heard by the city council, and the hear-
ing may be adjourned, from day to day, for that purpose.
The council shall have power to confirm or annul the inquest,
and for that purpose shall make the necessary order on the
record, or may order a new inquest; in case of which, the
same proceedings shall be had as provided in this article.
§ 6. Any person interested may appeal from the final
order of the city council to the circuit court of Shelby
CITIES.
county, by giving notice, in writing, to the clerk of the
council, at any time before the expiration of thirty days
from the passage of the final order. In case of appeal the
city clerk shall within twenty days after notice to him,
return all papers connected with said inquest to the clerk
of the circuit court. Upon the trial in the circuit court ail
questions involved in said proceedings, including the value
of the property, shall be heard and determined; and either
party shall be allowed a jury.
§ 7. The city council shall have power to levy and col- special street tax.
lect a special tax on the owners of lots on any street, lane,
avenue or alley, according to their respective fronts, for the
purpose of grading, paving or planking sidewalks, filling
up streets and alleys, lighting the same, and for any neces-
sary improvement thereof and keeping the same in repair;
to be collected the same as other taxes : Provided^ said tax
shall not exceed the cost of the work.
ARTICLE ¥1.
MISCELLANEOUS PKOVISIONS.
§ 1. All taxes and assessments levied by the city council, The collection o
which shall not be paid as fixed by ordinance, shall be col-
lected as the council may prescribe by ordinance, not incon-
sistent with the constitution and laws of this State ; and
full power is hereby given to adopt the mode and manner as
specified in an act entitled "An act to amend the charters
of the several towns and cities in this State," passed March
1st, 1854.
§ 2. All able bodied male inhabitants in said city, over street labor,
twenty-one years of age, shall be required to labor on the
streets, avenues, lanes and alleys, not exceeding two days
in each and every year, under such penalty as may be pre-
scribed by ordinance; and the said inhabitants shall be
exempt from working on or paying any tax for any road
beyond the limits of the city.
§ 3. The city council shall have power to provide, by
ordinance, for the punishment of any offender, by imprison-
ment in the county jail, in any case, upon failure to pay
fines and forfeitures and penalties, as provided by this act
or by ordinance ; and the said city council is hereby author-
ized to use the said jail for said purpose.
§ 4. All ordinances, heretofore passed, or that may be
passed, by the president and trustees of the town of Shelby-
ville, shall remain in full force until repealed by the city
council.
§ 5, All actions brought to recover any fine, penalty or suits at law.
forfeiture under this act or under any ordinance of the city
council, shall be brought in the corporate name. It shall
164: CITIES.
be lawful to declare, in debt, for tbe same, statingtlie sec-
tion of the law or the ordinance under which the fine or
penalty is claimed, and to give the special matter in
evidence. In all such cases, where the fine or penalty is
under one hundred dollars, the president shall have full
jurisdiction, and shall commence the prosecution by w^arrant.
§ 6. This act is hereby declared to be a public act, and
shall be read in evidence in all courts of law or equity,
without proof.
wtisJc.'K*:-. g 7. All acts or parts of acts, inconsistent with the pro-
visions of this act, except as hereinbefore excepted, are
hereby repealed.
§ 8. The city marshal or any officer authorized to execute
writs or other process issued by the president, shall have
power to execute the same within the hmits of the county
of Shelby, and shall be entitled to the same fees as ai'e
allowed to constables in similar cases.
Term of oflsce of § 9. The present president and trustees of the town of
counciimen. ShclbyviUe, as at present incorporated, are hereby appointed
trustees of said town, and shall hold their offices until the
first Monday of April, a. d. 1863, and until their successors
are duly elected and qualified ; and on the first Monday of
April next, and on the first Monday of April in every year
thereafter, an election shall be held for four counciimen of
said city, who shall hold their offices for one year and until
their successors are elected and qualified. Ten days' notice
of said first election shall be given by the present president
and trustees, through their clerk, by publication in some
newspaper in said town, or by posting up notices thereof in
four of the most public places of said city, of the time and
place of said election ; and a similar notice shall be given
for the election of counciimen in all cases hereafter.
Term of office of § 10. At the samc time provided for the election of four
president. couucilmen, the president, hereinbefore provided for, shall
be elected, who shall hold his office for two years, and until
his successor is elected and qualified. Returns of the elec-
tion of said president shall be made as provided by the laws
in relation to justices of the peace, and he shall be commis-
sioned by the Governor, as other justices of the peace.
Notice shall be given for the election of said president, as
well as of said council, and in the same manner.
§ 10. This act shall be in force from and after its passage.
Approved February 16, 1863.
CITIES.
165
AN ACT to amend the City Charter of the City of Monmouth, in the County ^ ^°|f ^fg^g^'g^^^'^
of Warren, and State of Illinois. '
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That so much
of the charter of said city as gives the city council of said ^/;h°oEdty°^
city the power to establish, regulate and support common
schools, within said city, be and the same is hereby repealed:
Provided, that the city council of said city shall, as soon as
may be, after the passage of this act, proceed to reorganize
the common schools of said city, under and in conformity
with the general school laws of the State ; and when, and
as soon as said schools shall be so reorganized, the powers
of said city council over said schools shall cease ; and all
school property, real and personal, belonging to said schools,
and all rights of action in favor of the same, now vested in
said city council, shall, by virtue hereof, be transferred to
and vested in the like officers in the township of Monmouth,
in said county, as other school property is vested in the va-
rious towns, by virtue of the general school laws of this
State.
§ 2. This act shall take effect and be in force from and
after its passage.
Approved February 21, 1863.
AN ACT to amend an act entitled "An act to incorporate the Springfield In force February
Water-works Company," approved February 21st, 1861. 21,1863.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That so much
of section second of said act to incorporate the Springfield Election of board
water- ^vorks company, approved February 21st, 1861, as re- mis^oners.'^'"^"
quires a " Board of Water Commissioners" to be elected on
the first Tuesday of April, in the year of our Lord one
thousand eight hundred and sixty-four, and on the first
Tuesday in April, annually, thereafter, is hereby repealed.
§ 2. The city council of the city of Springfield may or-
der an election, at anytime hereafter, for said "Board of
Water Commissioners," when said council may deem it ex-
pedient.
§ 3. This act shall take effect and be in force from and
after its passage.
Approved February 21, 1863.
166 CITIES.
In force Febroary AN ACT to amend an act entitled "An act to amend an act to charter the
20, 2863. city of LaSalle," approved February 12th, 1853.
Section 1. Be it enacted by the Peojple of the State of
Illinois^ represented in the General Assembly, That section
Renewal of loan, one, of "An act to amend an act to charter the city of La
Salle," approved February 12th, 1853, be and the same is
hereby so amended as to authorize the city council of the dty
of La Salle to renew the loan of a sum of money therein speci-
fied, every successive period of time, not exceeding ten years,
while the exigencies of said city may require the same.
§ 2. This act to take effect from and after its passage.
Appkoved February 20, 1863.
In force January AN ACT to amend an act entitled "An act to incorporate the city of Cairo."
22, 1863.
Section 1, JBe it enacted by the People of the State of
Illinois, re]}resented in the General Assembly, The city
Filling and gra- couucil of Said city of Cairo shall have power, from time to
ding of streets, ^^^-^g^ ^^^ causc any street, avenue or highway, or portion of
any street, avenue or highway, in said city, to be tilled, re-
tilled, graded, re-graded, leveled, paved, re-paved, macadam-
ized, or planked and repaired, and to alter and change the
same, and to assess and collect the expense of the same,
upon and from the lots bounding, abutting or fronting on
the street or portion ot street so filled, graded, leveled,
paved, macadamized, planked or repaired ; said assess-
ment to be collected in such manner as the city council may
prescribe : Provided, the owners of two-thirds of the lots
fronting or abutting on said improvement shall petition for
the same, or said improvements shall be ordered by the
unanimous vote of the city council: And, also, provided,
that the owner or owners of any lot fronting or abutting on
said improvement shall have the right, for a reasonable time,
to be fixed by the city council, to till, grade, pave or plank,
in front of his, her or their own lot or lots, and receive a
proportionate credit therefor.
§ 2, The provisions of section eight, of article seven, of
the act to which this is an amendment, shall be held to ap-
ply to this act.
§ 3. This act shall take eftect from its passage.
Approved January 22, lb63.
CITIES. 167
AN ACT to repeal certain acts therein named. In f orce^February
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assernhlij, That an act ^^^^^^ ^.^^
entitled "An act to incorporate the city of Warsaw." ap- charter repealed
proved Feb. 12, 1853, and an act entitled "An act to reduce
the act incorporating the city of Warsaw and the several
acts amendatory thereof into one act and to amend the same,"
and all acts passed in aid of either of the aforesaid acts, be
and the same are hereby repealed.
§ 2. That the territory embraced within the boundaries Declared a town,
mentioned in the last of the above mentioned acts, be and
the same is hereby declared to constitute a town, in the
county of Hancock, and State of Illinois, for county, school
and all other purposes, as much so, in all respects, as if the
same constituted a complete congressional township, and
had been properly established by the county authorities,
and shall, at the next general election, elect all such town
officers as other towns in said county are required to elect.
§ 3. That all the estate, both real and personal, hereto- Disposal of school
fore or now held by the board of education for the city of ^'"p^'"*^-
Warsaw, is hereby declared to be vested m the school trus-
tees to be elected under the provisions of this act, in the
same manner that the school property of other towns in this
State is now by law held.
§ 4. That all suits now pending in favor of the said suits pending,
board of education, in any court of this State, for the re-
covery of money or property, are hereby declared to be
pending in the name of the trustees of schools hereafter to
be elected, under the provisions of this act, and in whom
the school property is hereby vested, in the same manner as
in other towns in this State, acting under township organi-
zation.
§ 5. This act shall take effect and be in force from and
after its passage.
Appkoved February 3, 1863.
AN ACT to amend an act entitled " An act to incorporate the city of Peoria," In force February
in force Dec. 3d, 1844, and the several acts amendatory thereto. l"' J-^^^-
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That for the issue of city
purpose of refunding moneys taken from the railroad inter-
est fund of the city of Peoria, and used lor the payment of
certain bonds issued to the board of school inspectors of
said city, and maturing in the year 1862, the city council of
said city shall have power and are hereby authorized to
168 CITIES.
issue the bonds of said city, signed by the mayor, and coun-
tersigned by the city clerk of said city council, in such sums
not exceeding in all the sum of ten thousand dollars, and
payable at such times, not exceeding twenty years from
their date, and at such place or places, with semi-annual
interest coupons attached, as the said city council may deem
proper. All of said bonds which shall he made payable in
the city of Peoria shall bear an interest not exceeding eight
per centum per annum, and those made payable in the city
of New York, or elsewhere out of the city of ^Peoria, not
exceeding seven per centum per annum, payable semi-an-
nually. The principal and interest of said bonds to be
paid out of the tax of one mill authorized to be levied and
collected by the act approved, January 29, 185Y, entitled
" An act to amend an act entitled an act to amend the char-
ter of the city of Peoria and to establish and regulate a
system of public schools in said city."
^nTerLo°foffiw^ § ^- The may 01', clcrk, attorney, treasurer, collcctor and
' marshal of said city, who were elected on the second Tues-
day in March, a. d., 1S62, and those who may be elected
to said offices every year thereafter, shall hold their respect-
ive offices from one year from the iirst day of April follow-
ing their election, and until their successors are elected and
qualified.
§ 3. That the several aldermen and their successors in
said city, who were elected on the last Monday of Novem-
ber, 1860, and whose term of office expires on the second
Tuesday in March, 1863, shall hold their respective offices un-
til the second Monday in April, 1863, and until their succes-
sors are elected and qualified ; and that the several aldermen
in said city who were elected on the second Tuesday in March,
A. D. 1862, shall hold their respective offices until the second
Mondaj^ in April, 1864, and until their successors are elected
and qualified.
Appointment of R 4_ That tlic citv couucil of the said city of Peoria shall
have power to appoint such number of assessors as said
council may deem to be for the interest of said city, and
shall establish districts for said assessors and alter the boun-
daries thereof as occasion may require.
§ 5. The city clerk of the said city shall have power to
administer any oath required to be taken by the act incor-
porating the city of Peoria, the several acts amendatory
thereto, and the ordinances of said city, and acknowledge
deeds, and shall receive for said services the same compen-
sation as is now allowed by law.
Time of holding § 6. The aunuai election for the officers of said city
elections. q}iq\\ be held hereafter on the second Monday in April,
in each and every year, at which election there shall be
elected one mayor, one clerk, one attorney, one treasurer,
one collector, and one marshal, who shall hold their respect-
ive offices for the term of one year from and after such
CITIES. 169
election, and until their successors are elected and qualified ;
and at the said annual election there shall be elected one
aldermen from each and every ward of said city, who shall
hold their respective offices for the term of two years from
and after such election, and until their successors are elected
and qualified.
§ 7. The annual election of school inspectors of said ^^f'^^^^^^'^^"''^
city of Peoria, now held on the first Monday in April in
each and every year, shall hereafter be held on the sec-
ond Monday in April in each year, and said inspectors
shall hold their respective offices for the term of three
years from the second Monday in April following their
election ; and the three school inspectors whose term of
office expires on the first Monday in April, A. d., 1863,
shall hold their respective offices until the second Monday
of April, 1863, and until their successors are elected and
qualified. At the same time, the legal voters of said city
shall vote for or against the tax authorized to be levied and
collected for the support of the public schools for the ensu-
ing year, by an act approved February 14, 1855, entitled
" An act to amend the charter of the cit}'^ of Peoria, and to
establish and regulate a svstem of public schools in said
city." ]
§ 8. That all the district of country in the county of city limits.
Peoria embraced in township eight (8) north, range eight
(8) east of the fourth principal meridian, in the State of
Illinois, and to the middle of the Illinois River and Lake
Peoria is hereby declared to be within the corporate limits
of the city of Peoria.
§ 9. The election to be held under and by the provis- Election notices-
ions of this law, the giving notices of said election shall be
done in the same manner and under the same rules and reg-
ulations as now provided by the city charter. State laws
and the ordinances of said city of Peoria.
§ 10. 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 and shall take effect from and
after its passage.
AppkoVed Feb. 12, 1863.
AN ACT to authorize the Common Council of the city of Chicago to borrow in force February
money. 12, 1868.
Section 1. £e it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the com-
mon council be and they are hereby authorized and empow-
—14
170 CITIES.
state
street ered to borrow twelve thousand dollars, to aid in building
^"'^^^- a bridge across the Chicago river, at State street, in said
city, and that they be authorized to issue city bonds there-
for, to the amount of twelve thousand dollars, with such
rate of interest as they may think best, not exceeding seven
per centum per annum.
§ 2. This act shall be deemed a public act, and shall
take effect and be in force from and after its passage.
Appkoved Feb. 12, 1863.
In force April AN ACT to perfect the boundaries of the City of Morris.
j^^l2, 1863.
Section 1. Be it enacted hij the People of the State of Illi-
nois^ represented in the General AssemUy^ That the bounda-
Boundary lines, ry Hnc of said city of Morris shall begin at the northeast cor-
ner of section number three, (3,) in township number thirty-
three, (33,) north, of range number seven, (7,) east of the third
principal meridian ; running thence west two 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 four (4) rods south of the top of the south
bank of the Illinois river ; thence, in an easterly direction,
along said bank, following the course of said river, four (4)
rods south of the top of the bank of said river, until it
intersects the east line of the southeast quarter of section
number three (3) ; thence north, along said east line of sec-
tion number three, (3,) to the place of beginning.
Appkoved Feb. 12, 1863.
In force February AN ACT to authorize the election of Supervisors in the various wards of the
IG, 1603. city of Springfield, Illinois.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly , That the legal
Additional super- voters iu thc scvcral wards in the city of Springfield shall
'**""• be entitled to elect, annually, one supervisor in each ward,
in addition to the township supervisor to which the township
of Springfield is now entitled to, under the general township
organization law ; and the several supervisors, so elected,
shall be members of the board of supervisors of Sangamon
county, and shall have, possess and enjoy all the rights,
powers and privileges that are now or hereafter shall be
CITIES.
171
possessed and enjoyed by the several township supervisors
of the said county of Sangamon.
§ 2. At the lirst city election, after the passage of this Making returns,
act, held at the time now fixed by law for the election of
city officers, each ward shall elect one supervisor, in the
same manner and under the same rules and regulations as
the city aldermen are now elected ; and the returns of said
elections shall be made to the town clerk of the town of
Springfield, within six days from said election. Said clerk
shall immediately make out and deliver certificates of elec-
tion to the persons who shall be elected in the difterent
wards, in accordance with this act, and the persons so elect-
ed shall thereupon enter npon the duties of their office as
ward supervisors.
§ 3. The board of supervisors of Sangamon county are
hereby empowered to provide for as many voting places aa.
may be necessary in Springfield township, and to appoint
judges of election in the same.
§ 13. This act shall be in force from and after its pas^
sage.
Approved February 16, 1863.
AN ACT amendatory of the several acts relating to the City of Quincy, to In force February
provide for raising a revenue therein, and regulating costs arising under ^^' ^ ^'
the charter and ordinances of said city. - — 7
Section 1. jBe it enacted hy the Peojyle of the State of
Illinois^ rejpreseiited in the General Assembly^ That lor the Election of reve-
collection of the revenues of said city of Quincy, whether °"e collector,
general or special, the said city shall compose but one col-
lection district ; and at each annnal charter election in and
for said city, there shall be elected a collector of the reve-
nue for said city; and all laws, ordinances and duties ap-
pertaining to the collection of and accounting for city taxes,
shall apply to such collector, and he shall perform all the
duties required or to be required by law and the charter
and ordinances of said city relating to the collection of
and accounting for the city taxes. He shall keep a pub-
lic office during the time of collecting such taxes, at the
court house, in said city, or at such place as the city
council of said city may designate. Said collector shall give
such bond and security as said city council shall direct and
require, to be approved by said city council, and filed and
recorded in the office of the city clerk of said city.
§ 2. That the said collector of the revenue, and all or pmingvacanciea.
any of the officers whose election is provided for by the
seventh section of the act entitled "An act to confirm an act
i
CITIES.
entitled 'an act to reduce the lavt incorporating the city of
Qnincy, and the several acts amendatory thereof into one
act and to amend the same,' approved January 30th, 1857,
and to amend the same, and to legalize all acts of the
said city under the provisions of said act, or any other acts
heretofore passed in respect to the rights or powers of said
city," approvf d January 26th, 1859, shall be subject to
the control of the city council of said city; and in case of
the death or disability of said collector, or any of the afore-
said officers, the vacancy or vacancies or office shall be filled
by appointment by said city council. The person so appoint-
ed to such office shall hold the same until the next general
election for city purposes, held in said city.
ecurity for costs §3. The city of Quincv shall not be required to give
security for costs in any prosecutions or suits arising under
the charter or ordinances of said city.
§ 4. The city council of said city shall have power to
levy and collect, annually, taxes on real and personal prop-
erty within the limits of said city, as follows: On real and
personal property within, or which may hereafter be within
ras ig ax. portions of Said city lighted with gas, to meet the expenses
thereof, not exceedino- twentv-eiffht cents on each one hun-
dred dollars per annum on the annual assessed value there-
of. On all real and personal property within the limits of
ohooitax. said city, to meet the expenses of obtaining school grounds,
and erecting, repairing, and improving school buildings and
school grounds, and providing teachers, and maintaining
public schools in said city, and to be devoted exclusively for
such purposes, not exceeding twenty-five cents on each one
hundred dollars per annum on the annual assessed value
thereof: Provided, that no more than eighteen cents on each
one hundred dollars aforesaid shall be levied in any year
for such purposes without the concurrence of a majority of
the votes of the legal voters of said city, to be cast at an
election to be ordered by said city council, and held to de-
termine the rate per cent, so to be levied. On all real and
personal property within the limits of said city, to pay the
teneraitax. dcbts and meot the general expenses of said city, not exceed-
ing fifty cents on each one hundred dollars per annum on
the annual assessed value thereof.
tree* tax. § 5. All laws and parts of laws other than the provisions
hereof, touching the levy or collection of taxes on property
within said city, except those regulating such collection, and
all laws conflicting herewith are hereby repealed ; but this
act shall not aff'ect taxes of said city relating to streets or
alleys, or to licenses, of whatever nature, nor any source of
revenue other than taxes upon real or personal property.
§ 6. This act shall be deemed a public act, and shall
take eflect and be in force from and after its passage.
\ Approved February 14, 1863.
CITIES. 173
AN ACT to authorize the City of Galesburg to borrow money, to be appro- ^'^ fo''ce ^^)'^"*-
priated for the erection of County buildings. ^^' '
Section 1. £e it enacted hy the Peo^ile of the State of
Illinois^ re])resented in the General Assembly^ That the
mayor and common council of the city of Galesburg, in the
county of Knox, are hereby authorized to call an election of cluing of dec-
^ ^ "^ ^ ',. •t.'' ,. ni , tion by mayor.
the legal voters ot said city, at such time and place as they
may deem expedient, to vote for or against the borrowing
and appropriating such sum of money, by said mayor and
common council, as, in their judgment, may be requisite for
the purpose of erecting or aiding in the erection of a court
house or other county buildings, and procuring a site for the
same, which it may become necessary to erect and procure
in case the county seat of the county of Knox shall be by
law removed to the city of Galesburg, and to prescribe the ■
form of ballot, and to regulate the proceedings at such
election.
§ 2, In case a majority of the legal voters of said ciiy of
Galesburg, voting at such election, shall vote in favor of
said law and appropriation, specified in section first of this
act, it shall then be lawful for the mayor and common conn- Borrowing of mo-
cil of the said city of Galesburg, and they are hereby au- ^^'^^
thorized, to borrow said money,'and make such appropriation ;
and said mayor and common council shall be further author-
ized to make arrangements, and enter into contract, jointly,
with the board of supervisors of said county of Knox, or oth-
erwise, for the erection of said county buildings and pur-
chase of said site.
§ 3. In case a majority of the legal voters, voting at
such election, shall vote in favor of said loan and appropria-
tion, it shall be lawful for said mayor and common council
to issue bonds to secure said loan, payable at any time, to be issue of bonda.
therein specified, within twenty years, bearing such rate of in-
terest, not exceeding ten percent, per annum, as may be spe-
cified in said bonds ; and said bonds, when issued under the
authority of said mayor and common council, shall be valid
and binding on i aid city.
§ 4. Said mayor and common council shall have power ^^l^-^^^l^^ '°
to levy such a tax, at such time or times, as they may deem
expedient, to be assessed on the real and personal proj^erty
in said city subject to taxation, as may be necessary to meet
and pay said bonds ; and said money, so borrowed by said
city, for the purpose mentioned in the preceding sections,
and to pay all such sums of money as may be authorized
to be raised and appropriated by the provisions of this act,
and all w^uch expenses as may be incurred in carrying the
same into effect ; which shall be levied and collected in the
same manner as the city taxes of said city of Galesburg are
by law authorized to be levied and collected.
174 CITIES CEMETEKIES.
Contract for § 5. Said major and common council shall have p(>wer
ho^u3e°°°^*'°"'^' to enter into contract with the board of supervisors of said
county of Knox for the erection, at the joint expense of said
county and city, of the court house and county buildings
aforesaid, and for the joint use, by said city and county, of
said buildings, and purchase of said site, either prior or sub-
sequent to the holding of such election ; but in case the same
shall be entered into prior to said election, said contract
shall have no validity or effect, unless a majority of the le-
gal votes cast at said election shall be given in favor of said
loan and appropriation of money aforesaid ; and when so
ratified bj a majority of the legal votes cast at such election
given in favor of said loan and appropriation, said contract
shall be in full force and effect.
§ 6. This act shall take ett'ect and be in force from and
after its passage.
Approved February 14, 1863.
1° force February _a.]st j^q'j< ^q amend "An act to incorporate the Rosehill Cemetery Company,"
^^' •^^''^- approved February 11, 1859.
Preamble. "Whereas the lotliolders in Rosehill cemetery have become
fearful that the said cemetery may, after the lots therein
shall have been sold, come to be neglected and left without
care ; therefore, to prevent the possibility of such result,
the Rosehill cemetery company proposes these amend-
ments to its charter :
Section 1. J3e it enacted hy the People of the State of
Illinois^ represented in the General Assembly, That there
Permanent fund sliall bc sct apart and kept, to be reserved and expended as
provided for. hereinafter provided, the sum of ten per centum, or one-
tenth part of all the proceeds hereafter to be received from
the sale of lots by the Rosehill cemetery company, incorpo-
rated by that name by an act approved February 11, 1859,
until the sum so reserved and set apart shall amount to one
hundred thousand dollars.
^puiT'oIe'crelt'e^d § 2. That the aforesaid sum of one hundred thousand
dollars shall be kept and preserved as a fund, for all time to
come, for the preserving, maintaining and ornamenting the
grounds, lots, walks, shrubbery, memorials, boundaries,
structures, and all other things, in and about said cemetery,
and belonging to said corporation, so that the purpose and
intention thereof shall be carried out, and so that said
grounds shall be and continue as cemetery grounds forever.
"nvested.''^'* """^ § ^' "^^^^ ^^^ ^^^^ corporation, by its proper ofhcers,
shall pay over the said ten per cent, of all sales of lots, from
time to time, and as often as they shall be thereunto re-
CEMETERIES. l75
quired, to three trustees, who are hereby constituted the
" Board of Trustees of the Rosehill Cemetery," who shall
be owners of lots in said Rosehill cemetery, and who shall
be appointed as hereinafter provided, who shall keep the
said fund in their possession until a sufficient amount has
accumulated to purchase such one of the securities herein-
after provided, as shall be deemed best by the said trustees,
and as often as there shall be a sulhcient accumulation for
the purpose as above provided. The said trustees shall in-
vest the said fund in the bonds or securities of the city of
Chicago, the bonds or securities of the county of Cook,
the bonds or securities of the State of Illinois, or the bonds
or securities of the United States, as they shall deem
best ; or, if no such bonds can be had, then in other state
securities of the highest value, looking to their safety and
the amount of interest to be received therefrom. The
said bonds or securities, so purchased, shall be at once de-
posited in the custody of the mayor and comptroller of the
city of Chicago, as a special deposit — the said bonds having
been first plainly indorsed as belonging to the safety fund
of the Rosehill cemetery. The said fund, when so invested,
shall be kept and held for the uses and purposes specified in
the second section of this act, and no other.
§ 4. It is hereby directed that only the interest or in- increase only to
crease of the sum invested under the authority of this act *'®"'^'^-
shall be expended for the purposes herein specified.
§ 5. The said trustees may, in their discretion, and
whenever they believe the securities belonging to said fund
may be improved or increased, or the receipts therefrom in-
creased, change the same from time to time, always preserv-
ing or reserving the capital sum, and expending only the
interest or profits therefrom.
§ 6. "Whenever the principal sum of any of the bonds or when bonds ma-
securities so held, as aforesaid, shall become due and paya- coiTe'cte™aJdre-
ble, the said trustees may cause the same to be collected, invested.
and the proceeds thereof to be invested in the same manner
as is provided in the third section of this act.
§ 7. "Whenever the interest or coupons upon any of the Accruing interest
said bonds or securities shall become due and payable, the
said trustees shall collect the same, and shall cause the
amount of the said interest or income to be at once expended
upon the said cemetery grounds, for the purposes above pro-
vided, in such manner as they shall deem proper : Provided,
that the same shall be expended by and with the advice of
the board of managers of said cemetery company, as long
as said board of managers shall continue to exist.
§ 8. The said board of trustees, created under this act. Trustees may
or hereafter to be appointed, may bring suits at law or in "°^ *"' ^"
equity against the said Rosehill cemetery company, or do
any other matter or thing to carry out the spirit and intent
of this act, and may restrain the said corporation from sell-
1T6 CEMETEKIES.
ing lots in said cemetery grounds, in case of failure to pay
over and account for the said tenth part of lots sold, as is
hereby provided and directed.
Appointment of § 9. That Frederick Tuttle, C. K. Holden and L. B.
trustees. Sidway, are appointed the first board of trustees, under this
act ; that said board of trustees shall hold their offices as
follows : one until the first day of May, 1865, one until the
first day of May, 1867, and one until the first day of May,
1869, and until their successors are appointed ; that at the
first meeting of said trustees after the passage of this act,
the said trustees shall determine, by lot, which of said terms
of office shall be held by each of them, respectively, and
shall notify the board of managers of said cemetery company
of the same.
New trustees— § ^^' -^^ ^^^ cxpiration of the term of office of either of
how selected, said trustees, or their successors, it shall be the duty of the
board of managers of the eaid cemetery company to call a
meeting of the lotholders of said cemetery, who shall elect
a new trustee, who shall hold his office for the term of six
years, from the first of May, in the year in which his term
of office properly commences, and until his successor is ap-
pointed ; and in case the said board of managers shall fail
to call a meeting, as aforesaid, then, on the application of
ten owners of lots in said cemetery, the said remaining trus-
tees shall call a meeting of the lotholders, who may proceed
to elect, as above provided ; and in case the office of any
trustee shall at any time become vacant, by death, resigna-
tion or otherwise, a new trustee may be elected, for the un-
expired term, at a meeting of lot owners, to be called as is
herein above provided for in case of the expiration of the
term of office of any trustee ; and in case said board of trus-
tees shall have become extinct, or shall fail or refuse to call
a meeting, as above, then any ten lot owners may call a
meeting of lot owners in said cemetery, by advertising the
same in two daily papers published in the county of Cook,
for at least ten days previously thereto, at which a trustee
may be elected, as above.
Additional pow- § H- All the riglits, powers and franchiscs Conferred by
ers conferred, ^u act of the General Assembly of this State, approved Feb-
ruary 24, 1859, entitled "An act to amend an act entitled
' an act to incorporate the Carlinville Cemetery Associa-
tion,' " approved February 18th, 1853, are hereby granted
to and conferred upon said Rosehill cemetery company, its
successors and assigns. But all applications under said
powers shall be made to the county judge of Cook county,
and notices in such proceedings published in any newspaper
in the city of Chicago.
Vacancies in § 12. All vacaucics in the board of consultation of the
t*atbn-ho°w*fii- ^^^^ Cemetery company shall be filled by the election of the
i«<i. lotholders, at any meeting holden for the election of trus-
tees, as above provided.
CEMETERIES — CHICAGO DOCK COMPAifY. lYT
§ 13. Whenever the said Rosehill cemetery company ™ceptancef"to
shall, by its board of managers, vote to accept this act as a become part of
part of the charter of the said company, and shall tile for
record in the office of the recorder of the county of Cook, a
certificate, signed by the said board of managers and the
executive officers of the said company, and attested by the
seal of the said company, showing that the said company
have so accepted this act, from the date of filing of the said
certificate, this act shall become a part of the charter of said
company ; and the said Rosehill cemetery company shall be
bound by the same as fully and completely, in all respects,
as by the act incorporating the said cemetery company, to
which this is an amendment.
§ 14, This act and the act hereby amended are hereby
declared to be public acts, and as such are to be recognized
and considered.
§ 15. This act shall take effect from and after its
passage.
Approved February 13, 1863.
AN ACT to incorporate the Chicago Dock Company. In force February
13, 1863.
Be it enacted hy the People of the State of Illinois^ repre-
sented in the General Assemhly —
Section 1. That Dean Kichmond, John Young, Burden corporators.
B. Sherman, John H. Dunham, Peter L. Yoe, George Wat-
son,'and their associates, are hereby created a body politic,
under the name and style of " Chicago Dock Company."
As such, shall have perpetual succession, and may sue and
be sued in any court whatever ; with powers and privileges
as are hereinafter provided.
§ 2. The capital stock of said company shall not exceed ^*p''*^ ^*°'^'^-
one million of dollars, in shares of one hundred dollars
each ; but when one hundred thousand dollars shall have
been actually'- subscribed, and twenty-five thousand dollars
paid in, in cash, the said company may organize and pro-
ceed to business under this charter.
§ 3. The business and the corporate powers of said com- ^"■e":*°"-
pany shall be exercised by a board of directors, not exceed-
ing five, nor less than three. The three last above named
corporators shall be members of the first board ; and, annu-
ally, thereafter, after its organization, the stockholders shall
elect directors. The directors shall have power to make
such by-laws, for the conducting of its business, as are not
inconsistent with the laws of this State or the United States.
§ 4. It shall be lawful for said company to lease, pur- ^^^^ey^'^ropw-
chase, hold and convey all such real and personal estate as ty.
178 CHICAGO DOCK COMPANY.
may be necessary to carry on their business, as well as such
real and personal estate as they may deem it necessary to
acquire, in the enforcement or settlement of any claim or
demand arising out of their business transactions, and to
sell or exchange the same for other property, as they may
determine that the interests of the company may require.
And the said company are hereby authorized to make, exe-
cute and issue, in the transaction of their business, all neces-
sary receipts, certificates and contracts ; which receipts, cer-
tificates and contracts shall bear the impress or stamp of the
seal of the company, and shall be signed b}^ the j^resident
or vice president, and countersigned by the secretary or
treasurer thereof.
Powers of com- § 5. Tlic Said compauy shall have power to receive upon
P*°^* storage, deposit or otherwise, grain, fiour, provisions,
freights, stocks, bonds, merchandise, warehouse receipts,
bills of lading, railroad and transportation certificates, and
evidences of debt, and other property, and to take the man-
agement, custody and control of the same ; and to advance
moneys, give receipts, grant credits, and give security, upon
any property, real and personal, and guaranty payment up-
on freight bills, bills of lading, warehouse receipts, and evi-
dences of debt, on such terms, and at such rates of interest,
not exceeding ton per cent, per annum, as may be agreed
"upon. All warehouse receipts, certificates, or other evi-
dences of the deposit of property, issued by said company,
shall be deemed, in the hands of the holder thereof, as ab-
solute title to the ownership of said property, both in law
and equity.
May sell property § 6. It sliall be lawful for Said company to sell, at pub-
stored, etc. j-^ auctiou, or private sale, as may be specified in the con-
tract between the parties, all property, of what kind soever,
mentioned in or affected by said contract, after ten days
shall have elapsed from the time of the maturity of any ob-
ligation under said contract, or immediately upon the dis-
covery of any fraud, misrepresentation or concealment, in
regard to the ownership, character or any other matter re-
lating to the property mentioned in or affected by said con-
tract, and to reimburse themselves, out of the avails of such
Bale, for the moneys due them, with the interest, storage,
cost and charges, and to indemnify themselves for any loss
they may have sustained by the nonfulfillment of said con-
tract.
Care of property § 7. It sliall bc the duty of Said company to use all rea-
deposited, etc. gQj^able Care and diligence in the keeping of all property
deposited with them ; but they shall not be deemed insurers
thereof; and in case any property deposited with the said
company, upon which any advances shall have been made
by them, shall, before the maturity of the contract, from any
cause, decrease in value from the price originally fixed, said
company may give notice to the owner of such property, or
CHICAGO CHAMBER OF COMMERCE. 179
his agent, to perform the conditions of the contract, or make
good the deficiency caused by such decrease in vahie ; and,
in default thereof, may sell and dispose of such property, at
public sale, and out oi' the proceeds thereof may retain the
amount due them under the contract, together with the
costs, charges and expenses.
§ 8. The stock of said company shall be transferable
only on the books of the company.
§ 9. This act shall take effect from and after its passage,
and be deemed a public act, and liberally construed as such.
Approved February 13, 1863.
AN ACT to incorporate the "Chamber of Commerce of the City of Chicago." in force AprilU
1S63.
Section 1. Be it enacted hy the Peoj)le of the State of
Illinois^ represented in the General Assembly^ That John C.
Hilton, T. J. S. Flint, Charles H. Walker, Thomas Harless, corporators.
Asa Dow, Clinton Briggs, Henry Milward, Thomas B. Taylor,
S. M. Johnson, Hugh McLennan, M. C. Stearns, Y. A. Tur-
pin, Hugh Adams, Hiram Wheeler, W. F. Coolbaugh, Wal-
ter S. Gurnee Marcus D. Gilman, Myron H. Norton, Pot-
ter Palmer, William M. Ross, William R. Arthur, John B.
Turner, John F. Tracy, John Y. Ayer, David Kreigh, Hora-
tio Read, of the city of Chicago ; and F. W. Leonard, of
Pekiu ; J. M. Rollins, of Quincy ; G. B. Stiles, of Dixon ;
Xobias S. Bradley, of Peoria ; N. H. Ridgely, of Spring-
field ; George Woodruff", of Joliet ; and John D.McIntire, of
Pekin, in the State of Illinois, their associates and success-
ors, are created a body politic and corporate, under the name
and style of the "Chamber of Commerce of the City of Chi- style— powers,
cago ;" and by that name shall have succession ; may sue
and be sued, implef d and be impleaded, in any court of law
and equity ; receive and hold property, effects and heredita-
ments, real and personal, by gift, devise, purchase or ac-
quisition, and dispose of the same, by gift, lease, sale or
otherwise ; and they and their successors shall have a com-
mon seal, and may alter and change the same at their dis-
cretion; and may make such rules, regulations, and by-laws,
and change the same, as may be necessary and proper for
the government and for the management of the business of
the corporation hereby created.
§ 2. All the finance and business concerns of the cor- Directors,
poration shall be managed and conducted by a board of
directors.
§ 3. The board of directors shall consist of a president. Their election
vice president, and eleven directors, all of whom shall be s^e. ^^^^ °
residents of the State of Illinois. They shall be elected by
ballot — each share holder having a vote for each share of
180
CHICAGO CHAMBER OF COMMEECE.
Vacancies,
filled.
Quorum.
By-laws, etc.
Referees, etc.,
may be appoint
ed.
Appeals from
awards— how ta-
ken.
which he shall be the owner on the first Tuesday of March
of each year. Their term of office shall continue for one year
from said date or until their successors shall be elected and
qualified. In case of any vacancy, the same shall be filled
by like election, to be held after ten days' notice given by
the president of said board ; which said notice shall be given
at the request of any member of the corporation. Seven of
the members composing said board shall constitute a quorum
for the transaction of business.
§ 4. The time and manner of holding elections, and
making and appointing of said officers and appointees, as
are not named in section third of this act shall be established
by the by-laws and regulations of said corporation.
§ 5. The said corporation shall have the right to make
such by-laws, rules and regulations as they may adopt for
the government of said corpoi*ation, and the admission and
expulsion of members : Provided^ no person shall ever be
rejected or expelled for religious or political tenets ; and no
member shall be expelled or any penalty inflicted upon said
member for any ofi'ense against said corporation, except
upon conviction, after due notice, and a fair trial and hear-
ing in the presence of the accused, — (unless said member
has absconded,) — who shall be permitted to examine and
cross-examine witness upon said trial. The testimony taken
at said trial, if requested by either party, shall be taken in
writing, and accessible to either, for reading, copying or
publishing the same.
§ 6. Said corporation may constitute and appoint com-
mittees of reference and arbitration, and committees of ap-
peals, who shall be governed, in their practice, by the cus-
toms and usage of arbitrations and awards, for the settle-
ment of such matters of dispute and difi'erence between mem-
bers, as may be voluntary submitted for arbitration by mem-
bers of the said corporation. The acting chairman of either
of said committees, when sitting as arbitrators, as aforesaid,
may administer oaths and affirmations, and issue subpoenas
and attachments, compelling the attendance of witness, the
same as justice of the peace, in the county of Cook, and in
like manner deliver to any constable or the secretary of said
corporation, to execute — who are hereby empowered to ex-
ecute the same.
§ Y. When any submission shall have been made, in
writing, and a final award shall have been rendered, and no
appeal taken within the time fixed by the by-laws, then, in
filing such award, together with any written exceptions that
may be filed in said submission by either party, in any
court of record, where such arbitration shall be held, or in
any court of record, where the party against whom said
award may be found resides, and judgment entered thereon,
and execution issued, in the same manner and under the
same rules and regulations that other awards may be entered
CHICAGO CHAMBER OF COMMERCE. 181
under and by virtue of the permisi?ion of the seventh chap-
ter of the Revised Statutes, entitled "Arbitrations and
Awards," writs of error may be had and appeals taken from
the decisions of the court, in the same manner as is pre-
scribed in said chapter.
§ 8. It shall be lawful for said corporation, when they Bonds,
shall think proper, to receive and require of and from their
oihcers, whether elected or appointed, good and sufficient
bonds, for the faithful discharge of their duties and trusts ;
and the president and secretary is hereby authorized to ad-
minister such oaths of office as may be prescribed in the by-
laws or rules of said corporation ; and bonds shall be made
payable and conditioned, as prescribed by the rules or by-
laws of said corporation, and may be sued and the moneys
collected and held for the use of the party injured^ or such
other uses as may be determined upon by said corporation.
§ 9. Said corporation shall have power to appoint one ^be^a'''°o?nted'^
or more persons, as they may see lit, to examine, weigh,
measure, gauge, or inspect flour, grain, provisions, liquor,
lumber, or any other article of produce or traffic commonly
dealt in by the members of said corporation ; and the certili-
cate of said person or inspector, as to the quality or quantity of
any such article, or their brand or mark upon it, or upon any
package containing any such article, shall be evidence, be-
tween buyers and sellers, of the quality, grade or quantity
of the same, and shall be binding upon the members of said
corporation or others interested, and acquiescing or assent-
ing to the employment of such weigher, measurer, ganger
or inspector ; nothing therein contained, however, shall com-
pel'the employment, by any one, of any such appointee.
That such weighers, measurers, gangers and inspectors shall
have the right to weigh, measure, gauge and inspect all
such goods, wares and merchandise, in the place where it
may be situate, if the same privilege is granted by the bailee
to any appointee of any other corporation, association, com-
pany or person, for like purposes.
§ 10. Said corporation may inflict fines upon its mem- pinga etc.
bers, and collect the same, for breach of its rules, regulations
or by-laws; but no tine shall exceed one hundred dollars.
Such tines may be collected by an action of debt, in the
name of the corporation, before any court of record, or be-
fore any justice of the peace, in Cook county, or in the
county wherein the party fined shall reside ; and any share
or shares standing in the name of the member, or so much
thereof as shall fully pay and satisfy said fine, together with
the costs due in the collection of the same, shall not be
transferred until said fine and cost are fully paid.
§ 11. The corporators named in this act, or a majority Books of sub-
of them, may, upon giving three days' notice, by publication scnpUon.
in a newspaper published in Chicago, open books for sub-
scriptions to the stock of said corporation. The shares shall
182
CHICAGO POST COMPANY.
not exceed one hundred dollars each ; and whenever twenty
subscribers may have paid their subscription, in full, an
election of officers may be had and an organization perfected,
under this act. In the election of the president, vice presi-
dent and board of directors, each share shall be entitled to
a vote ; but nothing herein contained shall authorize any
shareholder to vote or have any privileges of the corpora-
tion, other than subject to the rules, regulations and by-laws
for the regular government of members of this said corpora-
tion.
Approved February 14, 1863.
In force February
16, 1863.
Capital stock.
Objects of com-
pany.
Purchase of real
estate.
AN ACT to incorporate the Chicago Post Company.
? Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Asseinhly^ That James
W. Sheahan, Andre Matteson, James S. Adams, William
Piggot, and George W. Morris, and their associates and
successors and assigns, are hereby created a body corporate
and politic, under and by the name, style and title of " The
Chicago Post Company," with perpetual succession ; and
by that name shall be and are hereby made capable, in law
and equity, to sue and be sued, plead and be impleaded,
defend and. be defended, in all courts of law or equity in
this State or elsewhere ; to make, have and use a common
seal, and the same to renew or alter at pleasure ; and shall
be and are hereby vested with all the powers, privileges
and immunities which are or may be necessary to carry into
effect the purposes and objects of this act. The capitd
stock of said company shall be one hundred thousand dol-
lars; the same to be divided into shares of fifty dollars
each; which capital shall be used, mainly, in the printing,
publishing and binding business, in the city of Chicago,
county of Cook, and State of Illinois ; and be invested in
such engines, printing presses, machinery, types, paper,
fixtures and such other articles as may be necessary to carry
on the printing, publishing and binding business.
§ 2. And be it further enacted^ That the said company
shall, also, have power to manufacture, in the city of Chi-
cago or elsewhere, paper and such other articles as they
may use in the business of printing, publishing and binding,
as aforesaid ; and shall have power to purchase and hold so
much real estate and water power as may be necessary to
carry out the provisions of this section.
§ 3. And he it further enacted^ That the said company
shall have power to purchase and hold all such real estate
as may be sold under mortgage, trust deed, execution, or
CHICAGO POST COMPANY. 183
other legal process, to secure and satisfy debts due to the
said company.
§ 4. And he it further enacted^ That the said company
shall have power, to purchase and hold so much real estate
and lots, not exceeding two hundred (200) feet front on any
street in the city of Chicago, and to erect suitable buildings
thereon ; the same to be used, mainly, in the printing, pub-
lishing, binding and manufacturing business, as aforesaid.
And all real estate purchased under the provisions of the
second and third and this section of this act may be sold,
aliened and conveyed, at the pleasure of said Chicago
Post Company. All deeds of such real estate shall be made
to said Chicago Post Company. And deeds and convey-
ances made by said company shall be authorized by vote of
the stockholders who own or legally represent at least two-
thirds of the shares of the stock of said company. And
said deeds and conveyances shall be signed by the president
and secretary of said company, and be attested by the cor-
porate seal thereof.
§ 5. And he it further enacted, That said Chicago Post Lease of prop.
Company shall have power, to lease sach real estate and "'^"
buildings as may be necessary to carry on the business of
said company ; and said company may sub-let or lease to
others such apartments or rooms in their own building or
buildings, leased by them, as may not be needed in the
printing, publishing and binding business, as aforesaid.
§ 6. And he it further enacted, That the said company Rules and reguu-
shall have power to make all needful and necessary rules *'°°^'
'for the regulation and direction of its affairs ; and, when so
made, they shall be binding upon the stockholders of the
said company; and said rules, thereafter, shall not be altered,
changed or amended, except by vote of the stockholders
owning or legally representing at least two-thirds of the
shares of the stock of the said company, at some regular
meeting; of -which due notice shall be given, in writing or
otherwise, to all of said stockholders, at least ten days before
said meeting.
§ 7. And he it further enacted, That whenever stock organization.
to the amount of forty thousand dollars shall have been
subscribed and twenty-five per cent, thereof shall have been
paid, it shall be lawful for the stockholders to commence
business, under this act ; and they may elect and appoint a
president, secretary and treasurer, and such other officers
and servants as they may deem necessary, and fix their
compensation and term of office, by such by-laws as they
may make and establish; and the said stockholders shall be
liable, in proportion to the amount of stock severally held
by them, for all debts contracted by the said corporation
during the time they were stockholders aforesaid and for
six months after the assignment of the stock so held by
them respectively.
184 DOUGLAS MONTOIENT ASSOCIATION.
§ 8. And he it further enacted, That whenever it shall
be required of said company to certify to the publication of
any advertisement published by them, a certificate, signed
by the president and secretary of said company, shall be
deemed and taken as a certificate of the publishers of said
advertisement.
This act shall take efiect and be in force from and after
its passage.
Approved February 16, 1863.
In force February _4^N ACT to incorporate the Douglas Monument Association.
Section 1. Be it enacted hy the People of the State of
Illinois, represejited in the General Assemhly, That William
Names of corpo- A. Ricliardson, Francis C. Sherman, William B. Ogden,
rators. John B. Turner, James Duggan, Samuel IT. Treat, William
C. Goudy, John D. Caton, Walter B. Scates, Thomas B.
Bryan, William Barry, Samuel W. Fuller, Samuel S. Mar-
shall, James 0. Allen, John Dement, John M. Douglas,
David A. Gage, and John S. Newhouse, and their succes-
sors, be and are hereby created a corporate body, under the
name and style of "The Douglas Monument Association;"
and by that name may sue and be sued; shall have a seal;
and exercise all the powers necessary to carry out and effect
the purposes of this act.
Board of trus- § ^- '^^^ ^^^^ corporators shall constitute the first board
tees. of trustees of the Douglas Monument Association; and
their division into three equal sections, (each section to
retii-e alternately every five years,) heretofore made by the
preliminary organization of said association, is hereby rati-
vacancies. fi^d and Confirmed ; and all vacancies in the boajd, made
by such retirement, resignation, disability, death, or other-
wise, shall be filled by the remaining members of said
board.
Members of the § ^- ^^^ pcrsous Contributing not less than the sum of
association. quc dollar to its objccts, shall be considered members of the
association, and be entitled to a diploma or certificate of
membership.
Erection of the § ^- The Said Corporation is created for the purpose of
monument. erecting a suitable monument, in honor of the late Stephen
A. Douglas, to be placed over or near his remains, at Cot-
tage Grove, near the city of Chicago; and shall have power
to select and decide upon a plan for said monument; to
adopt plans for raising and collecting contributions in aid
of its construction and completion; and to contract for the
construction of the proposed monument.
Officers of board. § 5. The Said board of trustees may organize, by the
election of a president, vice presidents, secretary, (who
DEAINAGE AND LEVEES. 185
may be outside their body,) treasurer, and also an executive
committee, toj^ether with such other ofiicers or agents as
they may deem proper; and they may make and estabhsh
such rules and regulations, relating to its meetings and
organization, the duties of its officers and agents, and the
transaction of its business, as, in their judgment, shall be
thought best.
§ 6. The said corporation shall have power to hold such Purchase of real
real estate, whether acquired by purchase, gift, or devise, *^****'
as may be necessary for the purpose of effecting the purpo-
ses hereinbefore mentioned, and also have power to take,
receive, or hold, real estate, or personal effects, that may be
granted, devised, bequeathed, or donated, to said corpora-
tion, and to sell and convey the same, for the purpose of
aiding the erection and care of said monument, or improving
the grounds belonging thereto.
§ 7. The board of trustees shall publish a full account
of their proceedings, and of their receipts and expenditures,
in behalf of said monument, duly certified, as often as once
in each year, for the information of the members of the
association and the public.
§ 8. The proceedings and organization of the Douglas
Monument Association, had under articles of association,
adopted on the 8th day of November, 1861, are hereby
confirmed, and shall be treated with like effect as if made
by the corporation now created by this act.
§ 9. This act shall take effect and be in force from and
after its passage.
Approved February 11, 1863.
AN ACT to authorize the drainage of lands in the townships therein men- in force February
tioned, and to construct roads therein. 21, 1863.
Section 1. Beit enacted hy the Peo^ile oftJie State of
Illinois^ rejpresented in the General Assembly^ That Elisha S.
"Wadsworth, Harley H. Hendee, Isaac H. Smith, Nahum corporators.
White, Joseph D. Fox, and their associates, successors, etc.,
be and they are hereby created a body corporate and poli-
tic, by the name and style of the "Lake County Drainage Name and style.
Commissioners ;" and by such name shall have succession,
contract and be contracted with, sue and be sued, plead and
be impleaded, without a common seal, in all courts of law
and equity in this State, and be fully invested with all the
powers which may be needful to carry into effect all the pur-
poses and objects of this act.
§ 2. The said corporation is hereby authorized and em- powers of corpo-
powered to survey, locate, construct, complete and alter '■**'''°'
—15
186 DRAINAGE AND LEVEES.
ditches, embankments, culverts, bridges and roads, and to
maintain and keep in repair any such ditches, embankments,
culverts and bridges, over, through and across any lands ly-
ing in townships 44 and 45 north, range ten, (10,) east,
and township 45 north, range nine (9) east, in Lake county,
and over, under and across any public road, railroad or
plankroad, which now is, or may hereafter be laid out or
constructed, in said townships ; and, for such purpose,
shall have right of way upon and may appropriate to the
purposes and uses contemplated herein, all the lands, stone,
timber and materials, of every kind, for the location, con-
struction and alteration of the said ditches, embankments,
culverts, bridges and roads, and for the maintenance and re-
pair of any such ditches, culverts and embankments ; and
upon filing a plat of any such road, laid out by said com-
missioners in the office of the clerk of the Lake county
court, certified by any three of said commissioners, appoint-
ed at any regular meeting, to lay out such road, the same
shall become a public road, and subject to the laws in force
in relation to public roads.
May- take land. ^ 3, When any such land, stone, timber or Q^her mate-
rial cannot be procured by cession, voluntary grant, or re-
lease of the owner or owners thereof, the same may be ta-
ken and paid for, if any damages are awarded, in manner
following, to-wit : When any land, stone, timber or oth-
er materials shall be deemed by said commissioners to be
necessary for the construction, maintenance or alteration of
any such ditch, embankment, culvert, bridge or road, the
said commissioners, or any three of them, appointed at any
regular meeting of said commissioners, to lay out any such
ditch, embankment or road, shall make an appraisal of dam-
age sustained, less the benefit which such owner or owners
shall derive from the construction of any such ditch, em-
bankment, culvert, bridge or road. Said appraisal shall de-
scribe the land, stone, timber, or other material, with reason-
able certainty, and shall be filed with the clerk of the town-
ship in which such land, stone, timber or other material
shall be situated.
Appeal, by per- R 4. Auv owncr of land, considering himself aggrieved
by such appraisal, may appeal from such appraisal, within
twenty days after such appraisal shall be filed as aforesaid,
to the circuit court of said county, by filing a copy of said
appraisal with the clerk of said court, and giving notice of
such appeal to the secretary of said commissioners. Such
appeal shall be entered upon the common law docket of
said court, and the judge of said court, in term time or va-
cation, as he shall elect, shall hear the parties and such wit-
nesses as may be produced, and affirm or modify, as shall,
in his opinion, be just and equitable : Provided, that no ap-
peal shall prevent said commissioners from proceeding to
construct such ditches, embankments, culverts, bridges and
DRAINAGE AND LEVEES. 187
roads, after they shall have tendered to such party appealing
the amount of damages so awarded, if any.
§ 5. The expense of constructing, altering and maintain- Assessraentofex-
ing any such ditches, embankments, culverts, bridges and "^^"^^^^
roads, together with all costs incurred on account thereof^
shall be assessed upon the lands benelited thereby; and the
said commissioners, or any three of them, appointed at any
regular meeting of said commissioners, hereinafter provided
to be held, shall make an assessment, in writing, describing
the lands assessed, and setting forth the amount assessed
upon each tract, separately; which assessments, certitied by
the commissioners making the same, shall be delivered over
for collection, to the county treasurer of Lake county, who
is hereby authorized and required to collect the same:.
Provided^ hoiceve7\ the said commissioners are authorized to
collect, receive and appropriate all assessments made as pro-
vided herein, and voluntarily paid before delivering suck-
assessment roll to the treasurer, anything herein contained
to the contrary notwithstanding.
§ 6. The said assessment shall be a lien upon the lands Assessment to be
upon which they are made, until paid ; and in case oi reiu-
sal or neglect on the part of the owner or owners of said
land to pay such assessments, the same provision is hereby
made for their collection as is now provided by law for the
collection of State and county taxes.
§ 7. Said commissioners shall meet from time to time. Election of aecre-
as they shall appoint by vote at any regular meeting ; or on *'^'
the application, in writing, of any three of said commission-
^ers, it shall be the duty of the secretary to call a meeting of
said commissioners, within two weeks from the time of such
application, by notice of the time and place of such meet-
ing, published for six days in some daily paper printed in
said county of Lake. And said commissioners shall elect.
one of their number to be their secretary, whose duty it ms dutie*.
shall also be to keep records of all the proceedings of said
commissioners, and files of all reports of surveys and assess-
ments, and all other papers connected with or pertaining to
the office of said commissioners ; which records and files are
hereby declared public records. And any number of said
commissioners, together with their secretary, meeting to-
gether at the time and place of any regular meeting of said
commissioners, shall constitute a quorum for the transaction Quorum,
of all business. And in case the said commissioners hereby
appointed, shall be reduced to less than five in number, by
death, removal from the county, or resignation, (which shall
be tendered in writing to the secretary,) the judge of the
circuit court of Lake county, shall appoint some suitable per-
son or persons to fill any such vacancy, under five in num-
ber.
§ 8. Said commissioners shall have power to borrow money Po^e' to borrow
from time to time, for the purpose of carrying on and com- ™°''*^"
188 DEAINAGE Al^D LEYEES.
pleting the work authorized to be done by this act, until as-
sessments can be collected to pay the same. They shall also
have power, and are hereby authorized to appropriate, from
time to time, money sufficient to pay all expenses incurred
by reason of any suit or proceeding against any of said com-
missioners for any act done by or under any order or pro-
ceeding authorized by this act.
Compensation of § 9. The Compensation of the treasurer, for the services
treasurer. required of him in this proceeding, shall be the same as that
to which he is now entitled for the collection of State and
county taxes.
Compensation of § 10. The commissioucrs shall receive for their services,
commissioners. ^ compensation of one dollar and fifty cents per day, in
which they may be employed upon said work ; and they
may employ a surveyor, to assist them in the location of any
■ditch, embankment, or road, at a rate not to exceed three
dollars per day, together with the necessary assistants and
laborers ; all ot which charges shall be deemed part of the
necessary expenses of said work,
commisaoners to § H- The Said commissiouers shall liEvc power and au-
erect bridges, thority to crcct and construct suitable bridges over said
ditches or embankments, at the crossing of highways, and
at such other points as shall seem to them expedient or
necessary; the expenses of which shall be assessed as a part
of the costs of the aforesaid improvement, and shall be col-
lected in the manner above stated.
§ 12. This act shall be deemed a public act and shall take
efiect and be in force from and after its passage.
Approved Pebruary 21, 1863.
In force June IS, AN ACT to amend an act entitled "An act to authorize the drainage of
1868. lands and the construction of levees, embankments, and roads, in Madison
county, Illinoi-s," approved Feb. 19, .1859.
Section 1 . Be it cnaoted hy the People of the State of
Illinois represented in the General Assembly, That the elec-
Act of Feb 19 tion to 1)6 held under the provisions of section nine, (9,) of
1S59, amended', the act to which this is an amendment, shall be determined,
by a vote of a majority of the land holders voting at such
election ; and whenever any number of said land holders
shall desire such vote to be taken, it shall be the duty of the
American Bottom Levee Company to give at least thirty
days' notice of the time and place of taking said vote, by
publication thereof, in some newspaper printed in the said
county of Madison, and also by posting up written or
printed notices thereof in at least six of the most public
places within the boundaries of the levee constructed by
said company.
DRAINAGE AND LEVEES — FERRIES. 189
§ 2. "Whenever the work and all the property of the in what case
said American Bottom Levee Cornpany shall become the may become"!
property of the owners of the land, as provided in section corporation.
ten, (10,) of the act to which this is an amendment, the
same shall thereafter be managed by the owners of said
land, instead of the county court of Madison county ; and
the owners of said lands shall thereupon become a body
corporate, under the name of the " American Bottom Levee
Company ;" and said company shall be invested with all
the powers in the management of said work and proj^erty
as is conferred upon the county court of Madison county,
in the said section ten, of the act to which this is an
amendment ; and shall manage the same, under a board of
seven directors, to be chosen, annually, by said land owners ;
which board shall choose a president and secretary, who
shall be the acting officers of said company. Said company
may contract and be contracted with, sue and be sued, by
its corporate name, aforesaid ; may have a common seal ;
and may make such rules and regulations, not inconsistent
with the laws of the land, as may be necessary to enable
said company to execute the powers and duties confer-
red on it.
§ 3. If any person shall willfully or maliciously dig Penalty for dam-
down, break down, level, demolish or otherwise destroy or ^smgievees.
damage the levee or embankment which has been con-
structed by the American Bottom Levee Company, or any
part thereof, every person so oifending, on conviction, shall
be fined in a sum not exceeding one hundred dollars, or
be imprisoned not exceeding three months, or both. Any-
tiling in the act to which this is an amendment, inconsis-
tent with the provisions of this act, is hereby repealed.
§ 4. This act shall take effect and be in force from and
after its passage.
Approved June 13, 1863.
AN ACT to extend the charter for a ferry across the Mississippi river, therein inforce February
named. 13, 1863.
Whereas the "Keokuk and Hamilton Ferry and Man- preamble,
ufacturing Company, " now owning and running a
ferry across the Mississippi river, between Hamilton
and Keokuk, have expended large sums of money in
making roads, bridges, dikes, and embankments, and,
for the proper accommodation of the public, will be com-
pelled to expend large additional sums of money, to an
amount, at least, equal to many years' proceeds accruing
to them from said ferry; now, to insure the full and
faithful accommodation of the public, and, at the same
190 FERRIES.
time, to fairly and adequately indemnify the owners of
said ferry for advances made and to be made in and about
the work necessary to be done about said ferry and build-
ings,
Section 1. Be it enacted hy the Ir'eojple of the State of
Illinois^ represented in the General Assembly, That the said
Gammon Fe*r°y Kcolsuk and Hamilton Ferry and Manufacturing Company,
Company to ex- qqw owuiug aiid running the ferry across the Mississippi
years. rivor, between Hamilton, Hancock county, and Keokuk,
Iowa, their successors and assigns, shall have the exclu-
sive privilege of running said ferry for tlie term of lifty
years, from the iirst day of May next, landing at their pres-
ent ferry landings and tor the space of two miles above and
two miles below said present landing, whether the same
shall be upon their own land or at public streets or wharves,
or on the land of othei-s, on the Illinois side of said river ;
and any other person or persons, who shall establish or keep
any other ferry across said river, within said limits, shall be
liable to the penalties provided by chapter forty-two of the
Revised Statutes, entitled, " Ferries and Toll Bridges,"
Provided, they shall keep, at all reasonable times, on said
ferry, sufficient and suitable steam or other boat or boats,
for the accommodotion of the public. And the rate of fer-
Rates of ferriage, j-jj^gg shall uot cxceed such reasonable rates as may be pro-
vided by the county court of Hancock county.
§ 2. This act shall be in force from and after its passage.
And all laws, or acts, or parts of acts, inconsistent with this
act, or coming in conflict therewith, are hereby repealed.
Approved Feb. 13, 1863.
In force February AN ACT to establish a ferry across the Kaskaskia river,
18, 1868. ■'
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That James
Form of charter. '^ Huglies and Hcury Kutter, their heirs and assigns, of
the county of St. Clair, are hereby authorized and empow-
ered to keep and own a ferry across the Kaskaskia river, at
the town of Fayette ville, in said county of St. Clair, and
State of Illinois, for and during the term of fifteen years.
May make roads, § 2. The Said Hughcs and Rutter, their heirs and assigns,
'^"=- shall have the right to make all necessary roads and other
improvements, that they may deem necessary, to insure the
safety and convenience of persons and property crossing
said ferry ; and, for the same purpose, the said Hughes and
Rutter, their heirs and assigns, may make new roads, lead-
ing to and from said ferry, and have power to condemn
lands, for said purpose, paying an equivalent therefor, and
FEKRIES — HELVETIA SHARPSHOOTERS. 191
by commissioners appointed for that purpose, to consist of
three freeholders of said county.
§ 3. They shall, at all times, keep a sufficient number of ^"^g^g^^'^p "'*''■
good boats, so as to afford a safe and speedy passage to all
persons wishing to cross with their teams, stock, carriages,
or otherwise, and a sufficient number of hands for that
purpose.
§ 4. The county court of St. Clair county shall have Rates of ferriage,
power to fix and establish such rates of ferriage as they
may think right, just and proper, and shall also have power
to levy and collect, from time to time, such annual tax or
license on said ferry as they shall think proper and equita-
ble : Provided, the same shall not be lower than other fer-
ries across said river similarly situated.
§ 5. This act shall take effect and be in force from and
after its passage, other acts or parts of acts to the contrary
notwithstanding : Provided, that this act shall not be con-
strued to impair the rights of any other ferry on said river,
now or hereafter to be established, nor shall the right to
establish roads extend beyond one half a mile from the
ferry landing.
Approved Feb. 13, 1S63.
AN ACT to incorporate the " Helvetia Sharpshooters' Society" of High- In force Feb. 16,
land, Madison county, Illinois. 1863.
Section 1. Be it enacted hy the People of the State of
Illinois, repres&nted in the General Assembly, That Peter
Streif, Albert Bruckner, Barnard Durer, B. A. Suppiger corporate name,
and David Suppiger, and such other persons as shall from
time to time become members of said society, are hereby
incorporated, and shall be a body corporate and politic,
by the name and style of the " Helvetia Sharpshooters'
Society," located in Highland, Madison county, Illinois, and
under that name shall have perpetual succession, and shall
be capable of suing and being sued, pleading and being
impleaded, in all courts, both of law and equity, in this
State ; and may have and use a common seal, and the same
to alter and amend at pleasure ; and by their corpc>rate
name and style shall be capable in law of contracting and
being contracted with, and of acquiring, by purchase or
otherwise, and of holding and conveying real and personal
estate, either in fee, or for a term of years : Provided, That Extent of prop*
they shall not, at any one time, name or hold property exceed- ^'^^^'
ing in value ten thousand dollars.
§ 2. Said corporation shall at all times have full power Ruigg and regu-
and authority to ordain, make and establish such by-laws, '**'°°^-
192
INSURANCE COMPANIES.
Steward to be se-
leeted.
Executive
mittee.
Suits at law.
rules and regulations as they shall judge proper, for the
better government and regulation of the officers and mem-
bers of said society, and for ascertaining an equal annual
rate of contribution to be paid by the members thereof, in
aid of the funds of said society, and for prescribing the
time, place and manner of practicing in shooting and the
rules regulating the same ; such by-laws not to be inconsis-
tent with the laws of this State and of the United States.
§ 3. Said society may select one of its members to act
as steward or landlord, furnishing victuals and refreshments,
on the premises and in the buildings of the society only, at
the days and hours appointed by the executive committee
thereof ; said steward and landlord to be exempted from
license.
§ 4. That for the better carrying on the business and
affairs of said corporation, there shall be annually elected
on the first Monday of April of each year, an executive
committee, consisting of one president, one vice-president,
one secretary-treasurer, one vice-secretary and one sergeant-
at-arms, who shall hold their offices for one year, and until
their successors are elected and qualified,
§ 5. in all suits at law or equity brought against this
society, or in any suit brought by this society against any
of its members, or against any other person or persons, any
member of this society shall be admitted as a competent
witness.
§ 6. This act to be in force from and after its passage.
Approved February 16, 1863.
In force February A BILL for an act to amend the charter of the Greenville Mutual Fire In-
21, 1863. surance Company.
Section 1. Be it enacted hy the Peo])le of the State of
Illinois^ represented in the General Assembly^ That the name
Name of corpora- of the " Grccnville Mutual Fire Insurance Company" be
*^°°' and is hereby changed to the "Adams Insurance Company,"
and by that name said company shall hereafter be known.
§ 2. All acts done and all contracts or obligations due
from said companj'-, under the name of "Greenville Mutual
Fire Insurance Company," shall be assumed and faithfully
performed as fully as though the name of the company had
not been changed ; and all acts and things authorized to be
done at Greenville, in the county of Bond, and State of Illi-
nois, shall be lawful if done at Freeport, in the county of
Stephenson, and State of Illinois.
§ 3. In addition to insuring against loss or damage by
fire, this company may make insurance against loss or dam-
Location of office
Insurance
against wind
lightning, etc.
INSURANCE COMPAJNIES. 193
age by lightning, wind and the rislv of inland navigation
and transportation, and any other insurance : Provided.^ said
company shall not engage in life insurance ; and may re-
ceive for insurance such premium as may be agreed upon
between the person or persons insuring and this company.
§ 4. The members of this company shall be and are ^io°g^es*'°'^ °^
hereby bound to pay their proportion of all losses and ex-
penses happening and accruing during the time for which
their policies are issued, and to the amount of their premium
notes, and no more.
§ 5. All statements made in any application for insu-
rance shall be binding upon the insured and a warranty upon
his, her or their part.
§ 6. "Whenever any assessment is made upon any pre- Assessments up-
mium note given to said company, and the maker thereof notes. ^''^°"'*™
shall neglect or refuse to pay the amount claimed by said
company, for the space of thirty days after notice of such
assessment has been issued by said company and duly
mailed, post paid, directed to the post office address, as rep-
resented upon his, her or their application of insurance, made
to said company, his, her or their policy, to whom notice is
issued, shall be void and of no effect, until such assessment
is paid ; and said company may proceed at law and collect
the whole amount of the premium note or notes, with costs
of suit ; and in case an action is brought for the recovery of
any assessment due said company, the certificate of the
president or secretary, under seal of said company, shall be
taken and recived as yrima facie evidence, in all courts and
places whatsoever.
§ 7. The persons named in the first section to which First board of li-
this act is an amendment, together with Hiram Bright, Wil-
liam P. Malburn and Charles L. Currier, shall be the first
directors of said company, unless said company shall have
been organized before the passage of this act. The board
of directors shall consist of not less than five nor more than
fifteen members, to be elected by ballot or by proxy — if
by proxy, the proxy offered at any election shall contsin
the certificate of the secretary of said company that the
person offering to vote by proxy is at the time of the elec-
tion a member of said company. Five directors shall con-
stitute a quorum, for the transaction of business. All meet- Qi<^i™-
ings of the board of directors and executive committe may
be called in a manner prescribed by the by-laws of said com-
pany. And this company shall have power to issue poli-
cies for any term of years, not exceeding ten.
§ 8. The board of directors may appoint an executive Executive com-
committee, consisting of three of the directors of said com- ™"®^'
pany, who shall have all the powers of the board of direc-
tors, when the board of directors are not in session ; and all
contracts and obligations signed by a majority of such execu-
tive committee shall be as binding as though done by the
194: INSURANCE COMPANIES.
board of directors : Provided, a note is given for the cash
premium, or any part thereof, in consideration of any policy
of insurance, such policy shall be in full force, provided such
note is paid when due ; if not paid when due, the policy
shall be void. Vacancies occurring in the board of direc-
tors, by the death, resignation or removal of any directors,
may be filled, for ihe remaining term, by a majority of the
board of directors remaining.
Time for or ani- § ^' ^^^^ compauy shall Organize, under the provisions
zation. of this act, witliiu two years from the passage of this act,
and, failing or neglecting so to do, this act shall be toid and
of no efiect.
Limit of risks. § l^' Said Company may take, in one risk, an amount
not to exceed five thousand dollars ; and may cause them-
selves to be reinsured in any other company, upon the whole
or any part of any risk which said company may have issued
a policy of insurance.
§ 11. All contained in this act — to which this act is an
amendment, conflicting with the provisions of this act, is
hereby repealed ; and this act, together with the act to
which this act is an amendment, are hereby made public
acts, and to be liberally construed for the purposes therein
mentioned.
§ 12. This act to take effect and be in full force and
effect, from and after its passage.
Approved February 21, 1863.
In force June 10 -A-N ACT to incorporate the "State Insurance Company."
1868. '
Section 1. Beit enacted ly the People of the State of
Illinois, represented in the General Assembly^ That James
Mitchell, Jerry Pattison, Thomas Long, John R. Eose-
brough, Andrew P. Young, and their associates, successors
and assigns, be and they are hereby created a body corporate
Corporate name, and politic, by the name and style of the " State Insurance
Company ;" and by that name shall have and enjoy all the
rights, privileges and immunities that other insurance com-
panies have for insurance purposes; but nothing contained
. . in this act shall authorize said company to engage in any
it^es'^f oiiibitJd. banking business or to issue any notes, to circulate as money
or currency.
§ 2. The said company shall have power to make insu-
rance and take risks on all kinds of property, and may take
any kind of risk that they may deem proper, and charge
and receive such premiums therefor as may bp agreed by
and between the parties, either upon mutual or stock prin-
use of funds, ciplc, or both, and may use, invest or loan its capital or
INSUKANCE COMPANIES.
195
surplus funds, in such way and manner as the directors may
judge that the interest and welfare of the company require,
at such rates as private persons may legally do by the laws
of this State, and may divide the business or risks into two
or more classes, upon such conditions as may be regulated
by the by-laws.
§ 3. Said company may establish agencies, either in or Agencies,
out of this fc'tate, and' do all acts, not inconsistent with the
constitution and laws of this State or of the United States,
as may seem necessary or convenient to carry out the full
objects of this act ; and may make such by-laws, ordinances
and resolutions, as may seem necessary or convenient, for
their regulation and government, and for the management
of their affairs.
§ 4:. Said company may sue and be sued, appear, prose- suUs at law.
cute and defend, in any court of record or other court or
place whatsoever, and shall be recognized as a corporation,
in all courts.
§ 5. This act shall be void, unless the directors organize Time to organize.
the company at Freeport, in the county of Stephenson,
within one year from its passage; but the directors are
authorized to carry on fnd conduct the business of the com-
pany at any place in this State.
§ 6. This act shall be deemed a public act, and shall
take effect and be in force from and after its passage.
Approved, June 10, 1863.
AN ACT to amend the charter of the Rock River Insurance Company. In force June 10,
1863.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That at the
next annual meeting for the election of directors of the
Kock River Insurance Company, [the said company] may
elect five directors, in place of fifteen, as now authorized; Number of airec-
,'. ^ n 1 • ■\ f ^• 1 J. *o^3 reduced.
and, upon the election of the said five directors, the terms
of the present directors shall expire, and the five so elected
shall enter immediately upon their duties and hold their
offices for one year, and until others are elected in their
places, in accordance with the by-laws of the company.
§ 2. The home office of said Rock River Insurance company may
Company shall continue to be in Rockford, but the said If^l * *^*°"
company may establish agencies and do business at any
other place deemed proper, and may insure all classes of
property against loss or damage by fire, lightning, wind, or ^
storm, including the risk of inland navigation and transpor-
tation, life or other risks, deemed proper by the directors of
said company.
196 INSUKANCE COMPANIES,
Directors shall § 3. The dii'ectors shall determine the rates of all classes
determine rates, ^j.' j-^gj^g^ ^q ]^q pjj^(j j^ wliole or in part by premium notes,
subject to assessments, whenever deemed necessary by the
directors, or in whole or part in cash. All notes taken by
said company, for insurance, shall be a lien on the property
of the assured, as mentioned in section 8, of the charter of
said company.
Quorum. § 4:. A majority of the directors shall constitute a quorum,
for the transaction of business, and may choose an executive
committee, of three or more, with full power to act when
the board is not in session.
§ 5. This act shall be in force from and after its passage.
, Approved June 10, 1863.
In force February _A.N ACT to amend the charter of the American Insurance Company, of Free-
^^' ^^^- port, Illinois.
Section 1. Ijs it enacted hy the People of the State of
Illinois^ rejpresented in the General Assembly^ That the said
May take risks coinpauy may, in addition to insuring against loss or damage
^amst light- i^y ^j,g^ insure against loss or damage by lightning or any
other risk that may be deemed proper, except to engage in
the business of life insurance of persons. Any person
receiving a policy of insurance from said company shall be
bound by the provisions of this act, and the charter to which
this act is an amendment.
Assessments. § 2. Assessmcuts uj)on any premium or deposit note
may be made at any time the directors of said company
may deem necessary for the payment of losses and expen-
ses of said company ; and all premium or deposit notes shall
be liable for their proportion of losses and expenses accruing
in and to said company during the time for which the policy
was issued, unless the policy be surrendered to the company ;
and in that case assessment shall be paid to the date of can-
celing of policy ; and the person or persons giving a pre-
mium or deposit note shall not be exempt from payment of
their proportion of losses and expenses, notwithstanding
his, her or their policy may have expired previous to receiv-
ing notice of the amount assessed. Premium notes shall
be delivered to the person or persons giving such notes, on
demand, at the end of the term for which the policy was
issued, by the payment of all assessments for losses and
expenses of the said company for and during the term for
which the policy was issued, or to the date of canceling of
policy for which the note was given.
Notice of assess- § 3. It shall be Sufficient notice to any member of said
^^^^^' company of the amount assessed upon his, her or their pre-
INSTJKANCE COMPANIES.
19T
miiun or deposit note, to deposit in the post office at Free-
port, a printed or written notice, inclosed in an envelope and
directed to his, her or their post office address, as written
on his, her or their application for insurance, such notice to
be post paid ; and in case an action is brought for the recov-
ery of any assessment due said company, the certificate of
the president or secretary of said company, under the seal
of the said compan}^, stating the amount of such assessment
and mailing of notice, shall be taken and received as 'prima
facie evidence in all courts and places whatsoever. The
records of said company, or copies thereof, duly authentica-
ted by the signature of the president or secretary, under
seal of the company, shall be competent evidence in any
suit in which said company may be a party.
§ 4. For the security and safe keeping of the books, security of pa-
notes and papers of the said company, it shall be lawful for ^"^' °° ^'^ °*
the directors to build, or cause to be built, a fire-proof build-
ing, with a good and substantial fire-proof vault, and pay
for the same in the manner provided for the payment of
losses and expenses of the said company, such building to
be the property of the said company, and may be converted
into money, and applied in payment of losses and expenses
of the company.
§ 5. This act and the charter of said American Insurance
Company, shall be public acts, and liberally construed for
the purposes therein mentioned. This act shall take effect
and be in force from and after its passage.
Appkoved February 13, 1863.
AN ACT to amend an act entitled "An act to incorporate tlie Tornado In force February
Insurance Company. 12, 1S63.
Section 1. Beit enacted hy the People of the State of
Illinois, represented in the General Assembly, That the first
section of the act to which this is an amendment be and the change of name.
same is hereby so amended, that the name '" Tornado Insu-
rance Company," be and the same is hereby changed to
"Fire and Tornado Insurance Company;" and that said
company ma}^ make insurance on all descriptions of prop-
erty against loss or damage by fire and lightning, in addi-
tion to loss or damage by tornadoes, storms and wind, and
may cause themselves to be reinsured upon the whole or
any part of any risk on which they may have made insu-
rance.
§ 2. The business of this company shall be divided into Business ciassi-
two classes, which shall be kept entire and distinct from ^*"^'
each other ; and no money or premium notes received for
198
INSURANCE COMPANIES.
Capital stock —
Election of direc-
tors.
Application for
and rates of, in
insurance against loss or damage by fire or lightning shall
be used or assessed to pay any loss or damage occasioned by
tornadoes, storms and winds; and no member insured against
loss or damage by tornadoes, storms and wind shall be
assessed to pay any loss or damage occasioned by fire or
lio-htnino;.
§ 3. That the fifth section of said act be and the same
what to consist ig hereby so amended that the capital stock of said company
shall consist of the premium notes and cash premiums taken
by said company, together with the ten per cent, lien said
company has, by virtue of this charter, against the members
thereof.
§ 4. If it shall at any time happen that the election of
directors shall not be held or made on a day when, pursuant
to the charter of this company, it ought to have been 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 in a manner prescribed by the by-laws of this
company.
§ 5. This company may receive applications for, and
issue policies of insurance against, loss or damage by fire
and lightning, for any term, not exceeding five years. The
rates of such insurance may be fixed and regulated by a
majority of the board of directors, or by the executive com-
mittee ; and premium notes may be received from the
insured, which shall be paid at such time or times, and in
such sum or sums as the directors shall require for the pay-
ment of the losses and expenses of the company. The
directors or executive committee may, also, fix the amount
that 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 such insurance, and in lieu of a
premium note.
§ 6. That the fourteenth section of said act be and the
same is hereby so amended that the board of directors may
also appoint, (unless otherwise provided by the by-laws of
this company,) an executive committee, to consist of three
members of the board; and such committee, when the board
is not in session, may exercise all the powers vested in this
company, except where the company have, by its by-laws,
otherwise provided. Said executive committee to hold their
ofiice one year, or longer, as may be provided by the by-laws
of this company.
§ 7. The directors of this company may levy an assess-
ment upon the premium notes, at any time they may deem
it necessary, for the payment of the losses and expenses of
the company.
§ 8. The members of this company shall be and are
hereby bound to pay their proportion of all losses and
Executive
mittee.
Assessments.
Payment of
sea.
l03-
INSUKA1?^CE COMPANIES.
199
expenses happening and accruing in and to said company,
during the time for which their policies were issued, to the
amount of their premium notes and cash premiums.
S 9. Whenever any assessment is made upon any pre- Neglect to pay
'^ . . ■ • 1 Till /i i? assessments will
mnim note given to said company, and the maker thereot annul policies,
shall neglect or refuse to pay the amount claimed by said
company, for the space of thirty days after notice of such
assessment, (which notice shall be given in the manner pre-
scribed by the by-laws of said company,) his, her or their
policy shall become null and void, and of no effect ; in
which case the directors may sue for and recover the whole
amount of the note, with costs of suit ; and in case an
action is brought to recover an}^ assessment or premiuni
note due said company, the certificate of the secretary of
said company, stating the amount due, shall be taken and
received as prima facie evidence, in all courts and places
wdiatsoever,
§ 10. All statements made in any application for insu-
rance shall be binding upon the insured and a warranty
upon his, her or their part.
§ 11. The secretary of said company mry appoint a oeputy secretary
deputy, whose powers shall be set forth in his certificate of
appointment, and entered upon the record books of said
company.
§ 12. This company shall not issue any policy for insu-
rance against loss or damage by fire or lightning for over
two-thirds the actual cash value of the buildings insured.
§ 13. This act shall be deemed a public act, and be in
force from and after its passage.
Appeoved February 12, 1863.
AN ACT to incorporate the Southern Illinois Mutuallnsurance Company. '^^^°:F^^'^^^l^^^y
Section 1. £e it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That, from the
time this act shall take efiect, James C. Allen, Thomas W. corporators.
Harris, William A. Hacker, Thomas Marks, A. H. Irvin,
Marcus E. Bagley, T. B. Cantrell, and all other persons who
may hereafter associate with them, in the manner hereafter
prescribed, shall be a body corporate and politic, by the
name and style of " The Southern Illinois Mutual Insurance Name and pow-
Company ;" and by that name may sue and be sued, appear, ®"'
prosecute and defend, in any court of record or other court
or place whatsoever ; may have and use a common seal,
and alter and renew the same at pleasure ; may purchase
and hold such real and personal estate as may be necessary
to efiect the object of their association, and sell and convey
200
INSURANCE COMPANIES.
Membership.
Directors.
OflScers
board.
of the
May make insu
raoce.
Rates of
ranee.
the same, at pleasure ; may make, establish and put in exe-
cution such by-laws, ordinances and resolutions, not being
contrary to the laws of this State or of the United States,
as may seem necessary or convenient for their regulation
or government, and for the management of their affairs, and
do and execute all such acts and things as may be necessary
to carry into effect the purposes intended in this act.
§ 2. All persons who shall, at any time, be insured in
this company, shall be members thereof, during the contin-
uance in fact of their respective policies, and no longer, and
shall at all times be bound by the provisions of this act.
§ 3. The affairs of said comj^any shall be managed by
a board of directors, to consist of not less than three nor
more than iifteen members, as may be regulated by the by-
laws of said compan3^ Said directors shall be chosen, by
ballot, from among the members of said company. A ma-
jority of the whole board shall constitute a quorum for the
transaction of business. The executive committee of said
company shall posses all the power of the board of directors,
when said board is not in session.
§ 4. The board of directors shall elect a president, vice
president, secretary and treasurer, who shall hold their re-
spective offices for one year, or longer, as may be determined
by the by-laws of said company, and until others are chosen
in their places. The board of directors shall, also, appoint
an executive committee, to consist of three directors. Sub-
ordinate officers, agents and examiners may be a^^pointed
by and in the manner prescribed by the by-laws of said
company.
§ 5. This company may make insurance, on all descrip-
tion of property, against loss or damage by fire, lightning,
wind and the risks of inland navigation and transportation ;
and may loan their capital or surphis funds, on bottomry or
resyondentia^ and may cause themselves to be reinsured upon
the whole or any part of any risk on which they may have
made insurance.
§ 6. The rates of insurance shall be fixed by the board
of directors or executive committee of said company. Pre-
mium n 'tos may be received from the insured, which shall
be paid at such time or times, and in such sum or sums, as
the directors shall require fur payment of losses and expenses.
Any person applying for insurance may pay a definite sum
of money, in full for said insurance, in lieu of a premium
note. The cash premiums, together with the premium
notes, shall constitute the capital stock of said company.
§ 7. The directors of said company may levy au assess-
premium nient upou tlic prcmium notes, at any time they may deem
it necessary, for the payment of losses and expenses.
§ 8. The members of this company shall be and they
are hereby bound to pay their proportion of all losses and
expenses happening and accruing during the time for which
Assessments up-
Dotea.
Payment of losses
INSTTRANOE COMPANIES. 201
their policies were issued, to the amount of their premium
notes and cash premium, and no more.
§ 9. Whenever any assessment is made on any premium Non-payment of
notes given to the said company and the maker thereof shall p''*'"'"'"
neglect or refuse to pay the amount claimed by said com-
pany, for the space of thirty days after notice of such as-
sessment, (which notice shall be given in manner prescribed
by the laws of said company,) his, her or their policies shall
be null and void, and of no effect; and in ccise an action is
brought for the recovery of any assessment due said com-
pany, the certificate of the secretary of said company, sta-
ting the amount of such assessment, shall be taken and re-
ceived as prima facie evidence, in all courts and places
whatsoever.
§ J 0. All statements made on any application for insu-
rance shall be binding upon the applicant, and a warranty
upon his, her or their part.
§ 11. The persons named in the first section of this act First board of di-
shall be and they are hereby constituted a board of direc-
tors for said company, to serve as such until the first annual
election of directors herein provided for, and until others are
chosen. The directors of said company shall be elected on Elections,
the first Tuesday in August in each year. And such elec-
tion shall be held at the ofiice of said company, at such
hour of the day as the directors or executive committee for
the time being shall appoint. Such election shall be held
under the inspection of three members, to be appointed pre-
vious to every election, by the executive committee of said
company. Such election shall be made by a plurality of the
votes of the members present, or their proxies, allowing one
vote for each policy held by members ofi'ering and in force
at the time of the member ofi'ering to vote. The directors Proxies— former
or executive committee are hereby authorized, at any meet-
ing, to provide a form for the appointment of proxies, and
to specify the evidence that may be required of the execu-
tion thereof.
§ 1 2. All meetings of the board of directors and the ex- Meetings,
ecutive committee, to be called in the manner prescribed
by the by-laws of said company.
§ 13. That the persons named in the first section of this Directors— tiieir
act, and those who may succeed said persons as directors of p"^^"'
the " Southern Illinois Insurance Company," created by
this act, are hereby invested with all the powers and privi-
leges granted to the "Illinois Insurance Company,'- estab-
lished in the city of Beardstown, by an act approved Feb-
ruary 21st, 1859. And the directors of the Southern Illi-
nois Insurance Company, created by this act, or their suc-
cessors, may, whenever they deem it proper so to do, appoint
three commissioners, to carry into efiect the provisions of
section nine of the said act, approved February 21, 1859.
—16
202 INSUKANCE COMPANIES.
^appo\n7depur/ § ^^- '^^^^ Secretary of said company may appoint a dep-
uty, whose powers shall bo set forth in his certificate of ap-
pointment, and entered upon the record book of said com-
pany.
Home office. § 15, Tlic homc offico of Said company shall be in the
city of Cairo, in the county of Alexander, and State of Illi-
nois.
§ 16. If it shall so happen that the election of directors
of said company shall not be held on the day when, pursu-
ant to this act, it ought to have been made or held, this
company, for that cause, shall not be deemed dissolved, but
it shall be lawful, on any other day, to make and hold an
election — notice of which shall be given in the manner pre-
scribed by the by-laws of said company.
^^^anoies-how g 17. All vacaucics in the board of directors may be
filled by the remaining part of said board, from among the
members of said company.
§ 18. This act shall be deemed a public act, and be lib-
erally construed, for the purposes therein mentioned, and
be in force on and after its passage.
Approved February/ 13, 1863.
^^"[g^ilg^"*''^ AN ACT to amend an act entitled " An act to incorporate the Illinois Mu-
tual Fire Insurance Company."
Section 1. jBe it enacted hy the Peojple of the State of
Rlinois^ represented in the General Assembly, That section
^ame^nd°d.' *"* ^cveu, of Said act, be and the same is hereby amended, by
striking out all the words in said section, after the word
" breweries." That section eight is hereby so amended that
any party applying lor insurance for one year, or less
time, may pay a definite sum in money for such insurance,
in lieu of a premium note. That section ten be and the
same is hereby so amended that suit may be brought against
said company for loss or damage by fire in the county of
Madison, or in the circuit court of the county where said
loss or damage may or has happened.
^ments- pffma § ^- ^^^ ^^^^ ^^^ actiou is brought for the recovery of any
facie evidence of. assc: smcnt due Said company, the certificate of the president
or secretary of the company, under the seal thereof, stating
the amount due, shall be taken and received as prima facie
evidence thereof.
Serin of charter § 3. That the time limited for the existence of said com-
pany be and the same is hereby exteoded for the period of
fifty years.
§ 4. This act shall be in force from and after its passage.
Appeoved February 13, 1863.
INSURANCE COMPANIES. 203
AN ACT to amend an act entitled " An act to incorporate the " Columbian in force February
Insurance Company." ^^> ^®^-
Section 1 . Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the direc- Classification of
tors of said company be and they are hereby authorized to ''"*'°^^*-
divide the business or risks of the company into two or
more classes ; in which case, the premium notes belonging
to any one class shall, in no event, be taxed to pay the
losses of any other class or classes ; and in case of loss under
any policy 'issued b}' the company, such loss shall be paid
out of the funds of the class to which such policy belongs,
and such class only may be proceeded against for said loss.
§ 2, The directors of said company are hereby author- Chicago branch,
ized to establish an office in the city of Chicago ; and all
acts required by the act to which this act is an amendment
to be done in the county of Stephenson shall be binding on
the company, and also on the parties insured, if done in the
county of Cook.
§ 3. All of the franchises and powers conferred by an Powers conferred
act incorporating the Illinois Insurance Company be and
the same are hereby conferred upon the Columbian Insu-
rance Company.
§ 4. 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 are hereby repealed.
§ 5. This act shall be deemed a public act, and be liber-
ally construed, for the purposes therein contained, and take
efi'ect and be in force from and after its passage.
Appeoved February 13, 1863.
AN ACT to amend the charter |of the Farmers' and Merchants' Insurance In force February
Company, approved February 22d, 1861, and to enable the company to do 13, 1868.
a life insurance and annuity business.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the di- Addition'i charg-
rectors of this company, are hereby authorized to charge ««•
each person or party becoming insured therein, on the plan
of mutual insurance, a sum to be determined by them, in
addition to the deposit note given by the person or party so
insuring ; and no assessment shall be made on the deposit
notes held by this company until the losses and expenses
happening to and incurred by the company shall exceed the
amount of money in the treasury thereof. Whenever an
assessment is made it shall be upon the original amount of
the deposit note ; and when such assessment has been made
upon the whole or part of said deposit notes, and due notice
204
INSUKANCE COMPANIES.
thereof given to the person or party assessed, in accordance
with the by-laws of the company, if snch person or party
Refusaitopayas- refuses or ncglccts to pay snch assessment, for a period of
sessments, thirty dsijs after snch notice given, the person or party so
refusing or neglecting, shall, at the option of the directors,
be excluded and debarred, and shall lose all benefit and ad-
vantage of his, her or their insurance or insurances, respec-
tively, for and during the term of such default or non-pay-
ment, and, notwithstanding, shall be liable and obliged to
pay all assessments that shall be made during the continu-
ance of his, her or their policies of insurance, pursuant to
this act and the act to which this act is an amendment; and
couect'n of notes the dircctors may proceed to sue for and collect the entire
by notes. amouut of the deposit note or notes, so assessed and remain-
ing unpaid, together with the costs of suit; and the money
so collected shall remain in the treasury of the company,
subject to the payment of such losses and expenses as have
or may thereafter accrue and be chargeable against such per-
son or party; and the remainder, with interest thereon from
date of collection, shall, on demand made to the treasurer of
the company, be returned to the person or party from whom
it was collected, at the expiration of the term of such per-
son or party's insurance.
Two departments g 2. This Company may divide its business into two de-
partments, to be designated as "Stock Department" and
" Mutual Department ;" and, when so divided, each depart-
ment shall be separate and distinct from the other ; and the
directors are hereby authorized to open, at the office of this
company, in the city of Quincy, Illinois, and at such other
place or places in this State as they may determine, either
through themselves or their agents, books of subscription to
the stock capital of this company; which stock shall be di-
vided into shares of fifty dollars each, and deemed personal
property, transferable only on the books of the company.
Ten days' notice of the opening of such books of subscrip-
tion shall be given in one of the newspapers published in
said city; and the books of subscription shall remain open
to until the sum of twenty thousand dollars is subscribed and
paid to the treasurer of the company, in such way as may
be agreed upon, or secured in a manner satisfactory to the
directors, when the directors may proceed to issue policies
of insurance, based on such capital ; and the directors may,
under said notice, and in the manner aforesaid, continue to
receive subscriptions of stock, until the whole sum subscri-
bed shall amount to one million of dollars. Ten per cent,
of each share of stock shall be paid at the time of making
the subscription, and the remainder in installments, on de-
mand of the directors ; but installments shall not be called
for oftener than once in thirty days. Any subscriber re-
fusing or neglecting to pay the installments on his stock sub-
scribed, as called for by the directors, for a period exceeding
Subscription
stock.
Initallmenti.
ESTSUEAJSrCE COMPANIES. 205
tliirty days from the date of such call, the directors may sue
for and recover judgment for the entire amount of the sub-
scriptions remaining unpaid. Dividends on the capital paid
in shall be declared once in six months; and all dividends
on stock not fully paid up may be applied in the payment of
any balance on said stock then due the company.
§ 3. Under the special and general powers granted this
company by an act of the Legislature of this State, incor-
porating the " Farmers' and Merchants' Insurance Compa-
ny," approved February 22d, a. d,, 1861, and of this act,
amendatory thereof, this company shall have full power and
authority to take risks, and make insurance with any per- Life insurance,
son or persons, upon their life or lives, or upon the life of
any person, for the benefit of any other person having any
pecuniary interest in the insured person's life, as creditors,
guarantee, surety, or interested by marital or either relation;
may grant, sell or make and contract for annuities and en-
dowments, and do all other acts and things necessary and in-
cidental to the transaction of a lite insurance and annuity
business, upon the mutual plan ; may issue policies, for
such length of time, and upon such terms and conditions, as
may be agreed upon by the directors ; they may, also, cause
themselves to be re-insured against loss upon any or all
risks so taken.
§ 4. It shall be lawful for any married woman, by her- '^°^baVd°sMiT/s^
self and in her name, or in the name of any third person,
with his consent, as her trustee, to cause to be insured, for
her sole use, the life of her husband, for any period, or for
the term of his life, when the premium so paid does not ex-
ceed live hundred dollars per annum, which may be paid by
or from the estate or funds of her said husband ; or a policy
in his name and by him obtained may be made payable to
his wife, or to her and to her children, or to either ; and, in
case of her surviving her husband, the sum or net amount widow's insur-
of the insurance becoming due and payable by the terms of band's^ufe ^ex-
the insurance, shall be payable to her, to and for her own ^,^>.p^ J^^°^^
use, frcB from the claims of the representatives of her hus- creditors.
band or any of his creditors, other than this corporation.
In case of the death of the wife, before the decease of her
husband, the amount of the said insurance may be made
payable, after such death, to her children, for their use, or
to such other persons as may be agreed upon in the policy
of insurance. No life insurance policy shall be issued by
the directors of this company until applications for such in-
surance has been received to the amount of fifty thousand
dollars.
§ 5. The moneys, notes and securities, of every kind
whatsoever, paid to or received by this company, for life in-
surance ur annuities, and all profits derived from said busi-
ness, and all the losses, salaries, fees, and other incidental
expenses of conducting said business, shall be entirely free
206 INSUEANCE COMPANIES.
and distinctly separate from those arising from any other
business conducted by this company ; and the moneys,
^"ny^orthewm." notos, and securities received by this company, in conduct-
pany. jj^jg ^]^g gjjj(-| ^jfg insuraucc and annuity business, shall never
be responsible in any v^^ay for any losses or expenses accru-
ing to this company in conducting any other business.
Tim«^.of holding g Q^ From and after the next annual election of direc-
tors for this company, all other elections therefor shall be
held on the first Wednesday in May, of each alternate year.
Every person mutually insured in this company, and also
their administrators, executors and assignees, (and none
others,) shall be members thereof; and, at all elections for
directors, shall be allowed one vote for each policy of insu-
rance held by them. And all persons, who are subscribers
to the stock capital of this company, shall be allowed one
vote for each share of stock owned by them, and on which
all the installments called for by the directors have been
Filling of vacancy paid. Any vacaucy occurring in the board of directors shall
be filled by the remaining members, at the next regularly
called meeting of the board, after such vacancy is known ;
and such director or directors, so appointed, shall serve until
the next regular election therefor.
Bon-owing of § 7. For the purposc of securing the prompt payment of
money. losscs and cxpenscs, the directors of this company are au-
thorized to borrow such sum or sums of money as may be
required for such purpose ; and, in making the next assess-
ment, the interest accruing thereon, and also all necessary
incidental expenses, shall be included in such assessment.
Any director, agent or other person, who shall collect or
receive any money or other valuables, belonging to this
company, and shall not account for and pay over the same,
on demand of said company, any such director, agent or
other person, on conviction of the same, shall be deemed
guilty of embezzlement, and punished as provided for by
the statutes of this State.
Lightning risks. § 8. This compauy may make insurance against the de-
struction of property by lightning, in connection with its
insurance against fire, charging such rates therefor as the
directors may determine.
Copies of records. § 9. A copy of any rccord of this company, under the
seal of the company, and certified to by the secretary, shall
be taken as prima yaoie evidence thereof, in any court tri-
bunal in this State, upon the subject matter contained
therein.
^.fi^*"''°r*f^?;^' § 10. This act shall be submitted to the members of the
act. company, at the next regular meeting for the election of di-
rectors, or at a special meeting, called for that purpose, after
giving ten days' notice, in one of the daily papers published
in the city of Quincy, Illinois, for their adoption or rejec-
tion ; and if voted for by a majority of the members voting
at said meeting, by proxy or in person, the order of accept-
INSUEANCE COMPANIES. 207
ance shall be spread upon the records of the company ; and,
from the date thereof, this act and all its provisions shall be
binding on all officers, members and stockholders in the
company, and all other persons and parties interested, as
completely as though it formed a portion of the original act
of incorporation ; or, if this act is voted against by a ma-
jority of the members voting at said meeting, it shall not
take efiect.
§ 12. Everything in the act of which this act is an
amendment, inconsistent with the provisions of this act, is
hereby repealed.
Approved February 13, 1863.
AN ACT to incorporate the " Big Rock Farmers' Mutual Fire Insurance in force Februa-
Company." ry 16, 1863.
Section 1. Be it enacted hy the People of the State of
Illinois, represented hi the General Asserrdily, That Isaac
Hatch, Timothy Hodgman, J. K. Khodes, P. S. Winslow,
A. W. Chapman, J. A, BL. Brady, "Wm, Waterman, Jerome
Hoisted, N. M. Hendrick, together with such other persons
as may hereafter be associated with them, shall be and they
are hereby created a body politic and corporate, by the name,
style and title of "The Big Kock Farmers' Mutual Fire In- Name and style,
surance Company," for the purpose of insuring their respec-
tive dwelling houses, stores, shops, barns and other build-
ings, household furniture, merchandise, produce and live
stock, against loss' or damage by fire ; whether the same
shall happen by accident, lightning or any other means, ex-
cept that of design in the assured, or by the invasion of an
enemy, or insurrection of the citizens of this or any of the
United States ; and they and their successors are hereby
declared a body corporate and politic, in part and in law,
with all the legal incidents to a corporation aggregate.
§ 2. The affairs of the company shall be managed by a Directors,
board of nine directors, to be elected at the annual meeting
of the members, as hereinafter directed, to continue in office
for the term of one year, or until their successors are chosen.
The said directors shall have power to perform such duties
as are hereinafter provided, or as may be directed by the
by-laws of the company made in conformity to this act.
They shall elect a president, vice president, secretary and
treasurer, from their own body, and such other officers as
may be necessary to conduct the affairs of the company,
§ 3. On any day, to be fixed by said parties named in Annual elections.
the first section ol this act, said parties may call a meeting
of said company and the members thereof, and annually, on
208
INSUKANCE COMPANIES.
Insurance privi-
leges.
Proviso.
Rates of
ranee.
the same day of the month, thereafter, said members of said
compaii}^ shall convene for the purpose of electing directors,
and for the transaction of such other business as by said
company shall be deemed necessary ; notice of which meet-
ing shall be given for at least twenty days previous, in a
public newspaper printed in Kane county ; and, until their
successors are chosen, the individuals named in the first sec-
tion of this act shall be the directors of said company, with
powers to transact all business hereinafter enjoined on the
directors of said company ; and all elections for directors,
and their officers, shall be by ballot, from among the mem-
bers present, all owning each member one vote, to be con-
ducted by three judges, chosen from among the members
not directors, who shall certify, under their hands, the result
of said election ; and said certificate shall be filed with the
papers and entered upon the records of said company.
General meetings of the company may also be held, when-
ever called by the directors, or whenever requested by twelve
members ; and the members may, at such general meeting,
make all by-laws, rules and regulations necessary for the
well government of the aifairs of said company, that may
not be inconsistent with the constitution and laws of this
State.
§ 4. The directors shall have full power on behalf of
said company to make insurance against loss by fire on any
building or other property mentioned in the first section of
this act, and of such kind or description, and within such
limits as may be permitted in the by-laws of said company,
and to make, execute and perfect so many contracts, bar-
gains, agreements and policies, and other instruments, as
shall or may be necessary, or as the nature of the case shall
require; and every such bargain, agreement, contract or
policy, made by said company, shall be in writing, or in
part writing and part print, and shall be under the seal of
said company, signed by the president and attested by the
secretary, and also by the party insured : Provided^ that it
shall not be lawful for the said company to take any one
single risk that shall exceed five per cent, on the total
amount on the books of said company : And provided^ ftir-
tlier^ that no policy shall be issued by said company until
the amount of entries shall come up to or exceed thirty
thousand dollars.
§ 5. Any person applying for admission, and holding
any property within the boundaries of the company of such
description as may be insured therein, may, agreeable to
the by-laws for the admission of members, enter their prop-
erty to be insured, with the valuation thereof, on the books
of the company ; and when any property so entered shall
be destroyed by fire, such valuation shall be made the basis
of a tax to remunerate the loss ; and all such persons as are
now associated together under the corporate name afore-
ESrSUEANCE COMPANIES. 209
said, and are deemed and taken as members thereof, and
all such persons as shall at any time hereafter insure in or
with said company, or be allowed so to do, shall be deemed
and taken as members thereof during the period they shall
remain insured by the said company, and no longer,
§ 6. Any person entering for insurance shall deposit Manner of ob-
with the secretary of the company his, her or their promis- rancef
sory note, payable in part or in whole at any time when
the directors shall deem the same requisite for the payment
of losses by fire, or for such incidental expenses as may be
necessary for transacting the business of the company, for a
sum equal to one and one-half per cent, on the amount of
the property insured, according to the scale of rates estab-
lished by the company, and shall receive in return a policy
of insurance, signed by the president, and attested and
signed by the secretary. And for the purpose of raising a ,
contingent fund for the payment of losses, and other objects
of the company, it shall and may be lawful for the said com-
pany to exact from its members interest, at a rate not ex-
ceeding six per cent, per annum, on the amount of said
promissory note or deposit note, as in their judgment the
company may require it. Such interest shall be paid to
the treasurer upon the day of each annual meeting; and
every payment of interest so made shall be entered to the
credit of the proper person on the books of the company,
and be applicable, as far as the same may go, to the liabili-
ties of the company, and shall so remain ; but upon the
withdrawal of any member, or the canceling of a policy,
from any cause, the deposit note, with all unappropriated
interest thereon, or clear profits to which the member may
be entitled, shall be given up to the depositor, or his legal
representative. And in case any assured, named in any Assignment,
policy or contract of insurance made by the said company,
shall sell, convey or assign the subject insured, it shall and
may be lawful for such assured persons to convey and de-
liver to the purchaser such policy or contract of insurance ;
and such aasignee shall have all the benefits of such policy
or contract of insurance, and may bring and maintain suits
at law, and be proceeded against in his own name : Provi- Proviso.
ded^ that he shall first obtain the consent of the president
and secretary to such assignment, and have the same en-
dorsed on or annexed to said policy or contract of insu-
rance.
§ 7. This insurance shall be subject to adjustment when
either the company or parties may require, otherwise the
policy will not require renewal.
§ 8. All and every member of this company who shall ^°^^®''
sustain any loss or damage by fire, shall gi\^e immedirte
notice thereof to the president or secretary of said company,
at their office, of such business transaction, to the end that
they may notify the board of directors ; and the said board
210 INSUKANCE COMPAOTES.
may inquire into the same, and direct the proper appraisers
to view the premises and determine the actual loss sustained,
and make report within ten days. And in cases where the
individual sustaining a loss shall be dissatisfied with the
estimate of his loss, made by the appraisers, at his request
the same may be submitted to three disinterested persons,
each party to choose one, and they the third, whose report
shall be conclusive.
Taxes. § 9. Upon the reception of the report of appraisers or
referees, the directors shall proceed, in case there shall not
be money enough in the treasury to pay the same, to levy
such 'pro rata tax as shall, together with the sum in the
treasury, be equal to the adjudged loss or damage and cost
of collecting. They may publish the same in such manner
as they shall see fit; they may employ a collector, if neces-
sary, to collect the same, and pay it over to the treasurer
within thirty days; and the president shall give the assured
an order on the treasurer for the amount due to him, which
must be paid within sixty days from the occurrence of the
fire, otherwise the company shall be liable for interest.
^a°nymJmbe°/°° § ^^' Evcry member" of said company shall be bound to
pay for the losses and necessary expenses accruing in and
to said company, in proportion to his note or deposit, or
Suits at law. taxable property on the books thereof; and suits at law may
be maintained by said company, in its corporate name,
against any of its members, for the collection of said deposit
note, or any assessment thereon, or for any cause relating
to the business of said company ; also suits at law may be
maintained by any member against said company, (in its
own name,) for losses or damages by fire, if pajanent is
withheld more than ninety days after said company is duly
notified of such losses. The said corporation may have and
use a common seal, and, at their pleasure, alter or change
the same.
Refusal to pay in- § w jf r^jjy member shall nefflect or refuse to pay the
stallraent of in- ' , •' . . i • i ,i • i
terest. regular installments oi mterest on his, her or their deposit
note, the directors, for the time being, may debar or exclude
such member from any benefit or advantage from his, her
or their insurance, respectively, until the same is paid ; and
if any member, for the space of thirty days after the de-
mand, by the treasurer or collector, shall neglect or refuse
to pay the sum assessed upon him as his proportion of any
loss, as aforesaid, the directors may, in the corporate name
of said company, sue for and recover the whole amount of
his deposit note, with costs of suit ; and the amount thus
collected shall remain in the treasury of said company till
the next annual meeting, when, if any balance remain, it
shall be returned to the party from whom collected, upon
demand being made, and the policy be canceled.
Duration of char- g 12. The privileges hereby granted or intended to be
granted by this act, shall continue in force for the space of
ILLINOIS JOTJBNAL COMPANY. 211
thirty years ; but if it shall appear at any time, to the legis-
lature of this State, that these privileges are injurious to the
public welfare, the power to repeal this act shall not on any
account be denied or impaired ; but such repeal shall not on
any account affect any contracts to which said company may
have been party previously thereto. And the said company
shall have a reasonable time to bring their accounts to a final
settlement and termination.
§ 13. This act shall be deemed a public act, shall be
liberally construed for the purposes herein expressed, and
shall take efi'ect from and after its passage.
Appkoved February 16, 1863.
AN ACT to incorporate the Illinois Journal Company. In force February
16, 1863.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly, That Edward
L. Baker and David L. Phillips, and their associates, suc-
cessors and assigns, are hereby created a body corporate and
politic, under and by the name, style and title of " The Illi-
nois Journal Company," with perpetual succession ; and by
that name shall be and are hereby made capable, in law and
equity, to sue and be sued, plead and be impleaded, de-
fend and be defended, in all courts of law or equity, in this
State or elsewhere ; to make, have and use a common seal,
and the same to renew or alter at pleasure ; and shall be
and are hereby vested with all the powers, privileges and
immunities which are or may be necessary to carry into ef-
fect the purposes and objects of this act. The capital stock capitai stock.
of said company shall be fifty thousand dollars ; the same
to be divided into shares of one hundred dollars each ;
which capital shall be used, mainly, in the printing, pub-
lishing and binding business, in the city of Springfield, San-
gamon county, and State of Illinois ; and be invested in
such engines, printing presses, machinery, types, paper, fix-
tures, and such other articles as may be necessary to carry
on the printing, publishing and binding business.
§ 2. The said company shall, also, have power to manu- Objects of com-
facture, in the city of Springfield or elsewhere, paper and
such other articles as they may use in the business of print-
ing, publishing and binding, as aforesaid ; and shall have
power to purchase and hold so much real estate or water
power as may be necessary to carry out the provisions of
this section.
§ 3. The said company shall have power, to purchase Purchase of rea^
and hold so much real estate and lots in the said city of ^'^'^'
Springfield, and to erect suitable buildings thereon ; the
212
ILLINOIS JOURNAL COMPANY.
Lease of
erty.
prop-
Rules and regu-
lations.
Organization.
To keep journal.
same to be used, mainly, in the printing, publishing, bind-
ing and manufacturing business, as aforesaid. And all real
estate purchased under the provisions of this section and
section two may be sold, aliened and conveyed, at the pleas-
ure of said Journal Company. All deeds of real es-
tate shall be made to said Journal Company. And deeds
and conveyances made by said company shall be authorized
by vote of the stockholders who own or legally represent at
least two-thirds of the shares of the stock of said company.
And said deeds and conveyances shall be signed by the
president and secretary of said company, and be attested by
the corporate seal thereof.
§ 4. Said Journal Company shall have power, to lease
such real estate and buildings as may be necessary to carry
on the business of said company ; and said company may
sub-let or lease to others such apartments or rooms in their
own buildings, leased by them, as may not be needed in the
printing, publishing and binding business, as aforesaid.
§ 5. The said company shall have power tn make all
needful and necessary rules for the regulation and direction
of its affairs ; and, when so made, they shall be binding upon
the stockholders of said company ; and said rules, there-
after, shall not be altered, changed or amended, except by
vote of the stockholders owning or legally representing at
least two -thirds of the shares of the stock of the said com-
pany, at some regular meeting; of which due notice shall be
given, in writing or otherwise, to all of said stockholders, at
least ten days before said meeting.
§ 6. "Whenever stock to the amount of twenty thousand
dollars shall have been subscribed and fifty per cent, thereof
shall have been paid, it shall be lawful for the stockholders
to commence business, under this act; and they may elect
and appoint a president, secretary and treasurer, and such
other officers and servants as they may deem necessary, and
fix their compensation and term of office, by such b3'-law8
as they may make and establish ; and the said stockholders
shall be liable, in proportion to the amount of stock sever-
ally held by them, for all debts contracted by the said cor-
poration during the time they were stockholders aforesaid
and for six months after the assignment of the stock so heid
by them respectively.
§ 7. Said company shall, by its secretary, keep a jour-
nal, in which the proceedings of all meetings of the stock-
holders shall be recorded ; which record, with all other
books, papers, and vouchers shall be subject to the inspec-
tion of any stockholder, at all reasonable times.
§ 8. This act shall take eflect and be in force from and
after its passage.
Approved February 16, 1863.
MANUFACTURING COMPANIES — MILL DAMS. 2] 3
AN ACT to ametid an act entitled "An act to incorporate the Aurora Gas In force February-
Light Company," approved February 20th, 1861. ^^' ■^®^'^-
Section 1. jBe it enacted ly the People of the State of
Illinois, represented in the General Assembly, That the Au- Powei to issue
rora Gas Light Company," incorporated by an act entitled ^°°'^^'
tlie Aurora Gas Light Company, approved February 20th,
1861, shall have, in addition to powers recited therein, the
power to issue bonds of the company and borrow money
thereon, to any amount not exceeding thirty thousand dol-
lars, paj'able at any time not exceeding twenty years from
the date of issue. Said bonds to be a first lien upon the
real estate and Hxtures of said Aurora Gas Light Company.
§ 2. This act to take effect and be in force from and
after its passage.
Afpeoved Februry 20, 1863.
dam.
AN ACT to authorize Caleb W. Brown to build a dam across the Pecatonica In force February-
river, in the county of Stephenson. 2, ISGS.
Section 1. Be it enacted hy the People of the State of
Plinois, refresented in the General Assembly, That Caleb Power to buiid
"W. Brown, of the town of Silver Creek, in the county of
Stephenson, his heirs and assigns, be and are hereby authori-
zed to construct, build, maintain and continue a dam across
the Pecatonica river, on that part now owned by him of the
northeast fractional quarter of section one, town twenty-six
north, of range eight east of the 4th p. m,, in the town of
Silver Creek, in the county of Stephenson, to the height of
six feet above low water mark : Provided, that said grant
shall not be construed so as to prevent the State from im-
proving said Pecatonica river, at that place by locks or any
other mode, at any time hereafter, for the purpose of slack
water navigation or otherwise.
§ 2. This act to take effect from and after its passage.
Approved February 2, 1863.
AN ACT to determine the width of chute required in the Roekford Water in force February
Power Company's dam, at Roekford. 18, 1863.
Section 1. Be it enacted by the People of the State of
Plinois, represented in the General Assembly, That the Rock- width of chute.
ford Water Power Company shall only be required to pro-
yide in their dam across Pock river, at Roekford, in Winne-
214
MACOUPIN OOUNTT KECORDS.
bago county, a good and sufficient chute, for the passage of
rafts and flatboats, not less than twenty-four feet in width,
and that so much of the act entitled "An act for the improve-
ment of the navigation of Eock river, and for the produc-
tion of hydraulic power," as requires such chute to be not
less than forty feet in width, is hereby repealed.
§ 2. This act shall be deemed and taken as a public act,
and shall take effect and be in force from and after its pas-
Appkoved February 13, 1863.
Clerk to make in-
dex.
In force February AN ACT authorizing the transcribing of the indexes to conveyances, and cer-
21, 1863. tain records of conveyance, in Macoupin county.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented wi the General Assembly^ That the clerk
of the circuit court and ex-officio recorder of Macoupin
county, is hereby authorized and required to transcribe, in
well bound books, to be provided by the county court of
said count}^, full and complete general, direct and inverted
indexes to the records of conveyances in said county, from
record book A, to AE, inclusive ; which indexes shall exhi-
bit the names of the parties to each conveyance, and the
date thereof, the date when filed, the description of the in-
strument, the names of grantors and grantees, and a de-
scription of the property conveyed.
§ 2. The said clerk of the circuit court and ex-officio re-
corder of said county is hereby authorized and required to
copy the record of conveyances of said county, contained in
the present records A, JJ and M, in well bound books, to
be purchased by said county; which transcript shall be an
exact and correct copy of the above named books.
§ 3. The said clerk shall be allowed such compensation
for his services under this act, as shall be deemed reasona-
ble by the county court of said county, to be paid out of
the county treasury of said county, on the order of the
county court, upon the completion of the work and the cer-
tificate of the said circuit clerk that the said indexes and
books have been correctly transcribed.
§ 4. This act shall be in force from and after its passage.
Approved February 21, 1863.
Copy records.
Compensation.
MISSISSIPPI WAKEHOUSE COMPANY. 215
AN ACT to incorporate the Mississippi Warehouse Company. In force February
13, 1863,
Whereas Anthony Thornton, George Edmonds, jr., Sam- Preamble.
uel B. Chandler, K. M. Knapp, Thomas W. Harris,
and St. Clair Sutherland, have associated themselves
together, for the purpose of erecting a warehouse on
Bloody Island, in the Mississippi river, opposite the city
of Saint Louis, Missouri, therefore,
Section 1. £e it enacted by the Feople of the State of
Illinois, represented in the General Assembly, That Anthony corporators.
Thornton, George Edmonds, jr., Samuel B. Chandler, K.
M. Knapp, T. W. Harris, St. Clair Sutherland, their asso-
ciates, successors and assigns, be and they are hereby created
and constituted a body politic and corporate, by the name
of the " Mississippi Warehouse Company," and, by that Name and pow-
name, said corporation shall be capable, in law, of contract- "^'
ing and being contracted with, of suing and being sued,
and of pleading and being impleaded, in courts of law or
equity ; shall have perpetual succession, and have and use
a common seal, and alter the same at pleasure. And it is
hereby authorized to purchase or construct, maintain and
operate a waiehouse, for the receiving and storing all
goods, wares, merchandise and freights, and ship and for-
ward the same, on Bloody Island, in the Mississippi river,
opposite the city of Saint Louis, Missouri ; and, also, to
acquire, hold, occupy and enjoy all such real estate and per-
sonal property as may be necessary and proper to carry out
the purposes of the corporation hereby created. ,
§ 2. The capital stock of said corporation shall not capital stock.
exceed five hundred thousand dollars, and shall be divided
into shares of one hundred dollars each, and said stock shall
be transferable as the by-laws may direct.
§ 3. The business of said corporation shall be transacted rirst board of
by five directors, to be chosen annually ; and Anthony '^''■^'''°'"^-
Thornton, George Edmonds, jr., Samuel B. Chandler, li.
M. Knapp, Thos. W. Harris, and St. Clair Sutheiland,
be and are hereby constituted the first board of directors.
The directors shall have full power to control and manage powers and du-
said warehouse, and the construction, extension and repairs *'®^-
thereof; to establish rates of storage, and to collect the
same ; also, lo appoint and employ all necessary agents and
servants, and prescribe the duties of the same ; and to
make all needful rules, regulations and by-laws, for the full
and complete management of the business of said corpora-
tion ; and to provide and collect "all necessary means and
moneys, for the acquisition, construction, improvements and
repairs of any and all property belonging to said corpora-
tion.
§ 4. Each stockholder shall be individually liable, to Liawiuyofstock-
the amount of his or her stock, in said corporation only. holders.
216 NAME CHANGED.
Semi-annual § ^' The directoi's sliall, semi-annually, in each and
statement. everj year, on the first day of January and July, make a
statement of the affairs of said corporation, upon the books
thereof, which shall be at all times open and subject to
examination by any stockholder, and to divide the nett
profits, if any there be, among the stockholders, according
to the numbers of the shares each may possess.
Meeting of stock- § 6. Any two of Said directors may call a meeting of
holders. j^j^g stockholdcrs, by giving such notice as the by-laws of
said company may direct ; and at any such meeting of the
stockholders, three of them shall constitute a quorum ; and
a majority of the shares represented by those in attendance
shall decide any question properly before such meeting ;
and each stockholder shall be entitled to as many votes as
he or she may have shares of stock.
May borrow mo- § 7. It shall be lawful for the directors of said corpora-
ney, etc. tiou, fi'om time to time, to borrow or obtain on loan such
sum or sums of money, on such terms as they may deem
expedient, for the use of said corporation, and pledge or
mortgage all or any part of the estate, improvements, privi-
leges, franchises, effects and assets, whatever, of said cor-
poration, for the payment of such sum or sums of money
as may be so borrowed and the interest thereon, at such
rates and for such length of time as they shall deem ex-
pedient.
§ 8. This act shall be deemed and taken as a public act,
and be in full force from and after its passage.
Appeoved Feb. 13, 1863.
In force February AN ACT to change the name of Roxv L. Morton.
14, 1863.
Section 1. £e it enacted ly the People of the State of
Illinois^ represented in the General Assembly^ That the name
of Roxy L. Morton be, and the same is, hereby changed for
all intents and purposes whatsoever, to the name of Roxy
L. Kennedy.
§ 2. This act shall take effect and be in force from and
after its passage.
Approved February 14, 1863.
PLANK KOADS. 21T
AN ACT entitled an act to amend an act entitled " An act to incorporate in force Febru-
tlie Ottawa and Vermilion River Plank and Macadamized Road Company," ary20, 1863.
approved Feb. 14, 185*7.
To construct
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the
corporators named in the said act, approved February 14, gradeSToad.
1857, and their successors be and are hereby authorized to
construct a graded or macadamized road, commencing at the
southwest corner of section twenty-four, (24,) in the town of
South Ottawa, in the county of LaSalle, and running thence,
directly east, to a pubUc road, in the town of Fall River,
known as the " Ford road," and thence south, along said
road, to the southwest corner of section twenty-nine, (29,)
in the town of Fall E,iver, or to some other point, north of
the north line of the town of Grand Rapids, and thence
east and south, along the most desirable route, to the south-
east corner of LaSalle county. The road so constructed
shall be under the control and direction of the said corpora-
tors and their successors in office, named in the act to which
this is an amendment, approved Feb. 14, 1857.
§ 2. The corporators named in the act aforesaid shall Powers of corpo-
have the same powers of control and direction over the line ^^^'^^^'
of road to be constructed as is granted them by the act to
which this is an amendment, and shall, in every particular,
be governed by the provisions of said act.
§ 3. The said corporators shall have the right to take May use existing
possession of and use all public highways along the line of ^'^^^'^y^-
said road so to be constructed: Provided, that they shall
first obtain the written consent of the commissioners of
highways, or a majority of them, in the difierent towns
through which said road runs, to use the same, for the pur-
pose of constructing said road.
§ 4. The right of way for said road, to be constructed R'gi»' of way.
under the provisions of this act, over private lands, may be
obtained by said company, either by purchase, gift or grant,
or in the manner prescribed by an act entitled " An act to
amend the law condemning the right of way for purpose of
internal improvements," approved June 22, a. d., 1852.
§ 5. Said company are hereby required to complete one Road— when to
mile and live-eighths of one mile of said road within three ^^ ««°'pi«te<J-
years from the passage of this act, and the balance of said
road within twenty years.
§ 6. The said company shall have the same powers of
control and direction, and the same rights, in every respect,
over the branch road herein provided for, as are given them
in the act to which this is an amendment.
§ 7. This act to take effect and be in force from and
after its passage.
Appkoved February 20, 1863.
—17
218
PLANK ROADS.
Road and bridge.
In force April 21, AN ACT to incorporate the Alexander and Pulaski Plank Road and Bridge
^^^- Company.
Section 1. Be it enacted hy the jpeojple of the State of
Illinois^ represented m the General Assembly^ That all such
Corporation. pei'soDS as shall becoiiie stockholders, agreeably to the pro-
visions of this act, in the corporation hereby created, shall
be and for the term of twenty-five yeai s from and after the
passage of this act shall continue to be a body politic and
Name and pow- Corporate, under the name and style of the "Alexander and
^"- Pulaski County Plank Road and Bridge Company ;" and by
that name shall have succession, for the term of years above
specified ; may sue and be sued, complain and defend, in any
court of law or equity; may make and use a common seal,
and alter the same at pleasure ; may make by-laws, rules
and regulations, for the management of its property, for the
regulation of its aifairs, and for the transfer of its stock, and
for the forfeiture of the same for nonpayment of installments,
not inconsistent with the laws of this State or of the United
States, and may appeint such officers, agents and servants as
the business of said company may require, prescribe their du-
ties, and require bonds for the faithful performance thereof.
§ 2. Said corporation shall have power to construct,
maintain and continue a plank or turnpike road, or both, of
such width and upon sucli routes as they may deem advisa-
ble, from the city of Cairo, in Alexander county, to the
south line of Union county, with a branch to Mound city,
in Pulaski county, and to construct, establish and maintain
a toll bridge across Cache river, on the line of said plank or
turnpike road, designated by the company, and to carry out
the privileges and franchises granted herein.
§ 3. The capital stock of said company may be twenty-
five thousand dollars, which shall be considered personal
property, and divided into shares of twenty-five dollars each.
Said capital stock may be increased to an amount sufiicient
to complete said road and branches.
Commissioners. § 4. Samucl Staats Taylor, Marmaduke Ensminger,
Nicholas Hunsacker, Bryan Shannessy, Robert H. Cunning-
ham, are hereby appointed commissioners, for receiving sub-
scriptions to the stock of said company, and they, or a ma-
jority of them, are hereby authorized to receive such sub-
scriptions, at such times, and in such manner and place,
and after such notice, as they or a majority of them may
agree.
§ 5. The afiairs of said company shall be managed by
seven directors, four of whom shall be a quorum to transact
business. Said directors shall be chosen when the sum of
five thousand dolUirs is subscribed to the stock of said com-
pany ; they shall continue in ofiice one year, and until their
successors are chosen and qualified, and shall be elected by
the stockholders, each of whom may vote personally or by
Capital stock.
Directors.
PLANK KOADS. 219
proxy, castinc^ as many votes as each may own shares of
stock. The rirst election of directors shall be held at the
time and place appointed by the acting commissioners ; and
all subsequent elections shall be held and regulated accord-
ing to the by-laws of said company.
§ 6. Upon the election of directors and the organization
of the board, the said commissioners shall deliver to the said
directors all monej^s received by them, on subscriptions- of
stock, and the books of subscription, and all other books,, pa-
pers and property of the company.
§ 7. The said corporation is authorized, as soon as the constructico.etc.
board of directors are elected, to proceed to the construction "^ '"*"*''•
of said road and bridge, and, as soon as any three miles of
said road shall be completed, they may erect toll gates
thereon, and collect the toll allowed by this act ; and when
said bridge shall be completed, tolls may be collected for
passing thereon, as hereinafter provided. Said company are
authorized to borrow such sum or sums of money, not ex-
ceeding the capital stock of the company, as, in their opin-
ion, may be necessary to aid in the construction of said road,,
and to pay any rate of interest thereon, not exceeding ten.
per cent., and to pledge and mortgage the said road and its-
append ages, or any part thereof, or any other property or
effects of the company, as security for any loan of money^
and interest thereon, and to dispose of the bonds issued for
such loan, at such rates and on such terms as the board of
directors may determine.
§ 8. The said corporation shall have power to fix and tou.
regulate the tolls to be charged and paid for passing over
said road and bridge, provided they do not exceed the fol-
lowing rates, viz : For pa,ssing over the road — for every ve-
hicle drawn by one animal, two cents per mile ; every vehicle
drawn by two animals, three cents per mile ; and one cent
additional for each mile for every animal in a team more
than two ; for every five of neat cattle, one cent per mile ;
and for every ten or less of sheep or swine,, one cent per
mile ; and for every horse and rider, or led horse, one cent
per mile ; and for passing over the bridge — for every vehicle
drawn by one animal, ten cents ; for every vehicle drawn
by two animals, fifteen cents ; and five cents additional for
every animal more than two in a team ; for every head of
horses, mules or cattle, under and to the number of twenty,
not driven in team, three cents ; and for all over twenty, two
cents each ; for every head of swine or sheep, one cent ; for
each horse or other animal and rider, five cents ; for each
foot passenger, three cents. It shall be lawful for every
toll-gatherer on said road or bridge to stop and detain any
person going on said road or over said bridge, until the toll
properly chargeable shall be paid ; and any person who shall
use said road or bridge and refuse to pay such toll, shall for-
feit and pay, for each refusal, the sum of five dollars, to be
220 PLANK KOADS.
collected by said corporation, by action of debt,^ before any
justice of the peace, or other court having jurisdiction.
§ 0. The said corporation is authorized to locate, construct
Maytakeian . ^^^ maintain said plank or turnpike road and branches and
bridge over any lands owned by this State or individuals or
incorporated companies, on the route of said road, and over
any county or State roads, with the consent of the county
courts of Alexander or Pulaski counties. Said company
shall pay all damages that may arise or accrue to any per-
son or persous, by reason of taking their lands, timber, rock,
stone or gravel, for the use of said road ; and when the same
cannot be obtained by consent of owners, upon reasonable
terms, said damages shall be estimated and recovered in the
manner provided by the ninety- second chapter of the Re-
vised Statutes of the State, entitled" Eightof Way," and the
amendments thereto.
Mav u=e existib^ § 10. The couuty courts of Alexander and Pulaski
j>i.iy use exmnug t) • ■, r ,t i i j. 1
iiighways. counties, or either of them, may, by an order entered on
their records, authorize said company to use, for the con-
struction of said plank or turnpike road, any of the pub-
lic highways of said county ; and the said county courts, or
either of them, and the county court of Union county may sub-
scribe to the capital stock of said company, to such an
amount as they or either of them may deem expedient, and
shall have all the rights of stockholders.
§ 11. Any person who shall willfully injure or obstruct
^and"^ bridges- Said road or bridge, or any portion of either, or their append-
uow redressed. ^o.gg^ gi^^ll \^q deemed guilty of a misdemeanor, and shall
forfeit to the use of the company three times the amount of
damages occasioned by such injury or obstruction, to be re-
covered in an action of debt, in the name of said company,
with costs of suit, before any justice of the peace or other
court having jurisdiction thereof, or by indictment in the
proper court ; and on conviction, under indictment, such
person or persons shall be liable to imprisonment, not ex-
ceeding three months, and to pay the costs of prosecution.
Penalty for fast § 12. Any pcrsou or persons crossing the_ bridge to be
riding on bridge, ercctcd by Said company over Cache river, with any beast
or animal, at a gait or speed faster than a walk, shall
forfeit and pay to said company three dollars, which may
be recovered in an action of debt, with costs of suit, before
any justice of the peace or other court : Provided^ notice to
that efl'ect shall be kept up at each end of said bridge in
some conspicuous place.
,„. , , S 13. The said coi-poration shall be allowed three years.
Time for comple- c -^"' -^ . , f ,. .i . */■ • i
tion. from the passage ot this act, lor the commencement ot said
road and bridge ; and in case the same shall not be comple-
ted in five years thereafter the privileges herein granted
shall be forfeited.
Appkoved February 21, 1863.
EAILEOADS. 221
AN ACT to incorporate the St. Charles and Geneva Railroad Company. In f<"'<;e April IP,
Section 1. Be it enacted hy the People of the State of
Illi)iois, represented in the General Assemhly^ That William
F. Way, Seth Marvin, William F. Moore, Dennis McCaii-
ley, and John G. Wilkie, of the town of St. Charles, in the
county of Kane, and State of Illinois, and their associates,
successors and assigns, are hereby created a body corpo-
rate and politic, under the name and style the " St. Charles ^^^J ^«<i p°^-
and Geneva Railroad Company :" and by that name and
style shall have perpetual succession ; and said company are
hereby made capable of suing and being sued, of pleading
and being impleaded, of defending and being defended, in
all courts, in law and equity,|and in^other places; of con-
tracting and beiTiij, contracted with. And said company
shall have authorit}- to make, use and have a common seal,
and the same to renew and alter at pleasure ; and shall be
and are hereby vested with all the powers, privileges and im-
munities which are or may be necessary to carry into effect
the purposes and objects of this act, as hereinafter set forth:
and the said company are hereby authorized and empowered
to locate, establish, construct and finally to complete and use
a railroad, commencing at some convenient point on or near
Main street, on the west side of Fox river, in the corporate
limits of the town of St. Charles, Kane county, Illinois, and
running from thence southerly, on the most eligible and prac-
ticable route, to connect with the Galena and Chicago Union
Railroad Company's road, with what is usually known as the
Dixon Air Line of said company's road. And the said com-
pany are hereby empowered, in the construction of said
railroad, to lay out said railroad of the width of sixty feet ;
and in case of embankments and crossings, if more than sixty
feet shall be necessary, then the said company may take and
use as much more ground, rock, stone or gravel, on the
sides of the same, as shall or may be necessary for the proper
construction and security of their said railroad.
§ 2. The capital stock of said company shall be fifteen ^^v"^^^ s*°«'^-
thousand dollars ; which may be increased, if thought advisa-
ble by said company, to thirty thousand dollars — to be di-
vided into shares of one hundred dollars each. All the cor-
porate powers of said company shall be vested in and execu-
ted by a board of five directors, who shall be chosen by the
stockholders of said company, in the manner hereinafter
j^rovided, who shall hold their offices for one year, and until
their successors shall be elected and qualified, and shall have
power to appoint all necessary clerks, a secretary, treasurer
and all other officers deemed necessary in the transaction of
the business of the said company.
§ 3. The said company is hereby authorized, by their May enter upon
agents, surveyors and engineers, to enter upon any lands ^^'^^^'
and make all necessary examinations and surveys, for the
KAILROADS.
Books of sub-
■^cription to be
yponed.
location of said railroad or its appendages, and shall be re-
sponsible only for the actual damage done to any such land
or premises in so doing, and it shall be lawful for said com-
pany to enter upon and take and hold all the lands necessary
for the construction of said raih-oad and its appendages ; and
in all cases where said company shall not be able to acquire
the right of way through any lands or premises they may
wish to occupy for the purpose of said railroad or its appen-
dages, by purchase or voluntary cession, the same may be
obtained in a mode provided by the ninety-second chapter
of the Revised Statutes of the State of Ilhnois, entitled
" Eight of Way ;" or said companj^ may obtain such right of
way b}' the provisions of the twenty second section of an
act entitled "An act to provide for a general system of rail-
road incorporations," passed Nov. 5, a. d. 1849 ; and said
company shall be entitled to all the beneficial provisions
of said act and the amendments to the same ; or said company
may proceed to obtain such right of way by the provisions
ot an act entitled "An act to amend the law condemning the
right of way for the purposes of internal improvement," in
force June 3, a. d. 1852 ; and said company shall be entitled
to all the beneficial provisions of said act.
§ 4. The said company are authorized and empowered
to borrow, from time to time, such sum or sums of money,
not exceeding the capital stock of said company, as they
may deem necessary, to aid in the construction of said road,
and to pay any rate of interest, not exceeding ten per cent,
per annum therefor, and to pledge and to mortgage said
railroad and its appendages, or any part thereof, or any
other property or effects, rights or credits 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 rates or
on such terms as the board of directors may determine.
§ 5. The time of holding the annual meeting of said
company, for the election of directors, shall be fixed and de-
termined b}' the by- laws of said company ; and at all meetings
such stockholders shall be entitled to vote, in person or
by lawful prox}^ vote for each share of the stock he, she or
they may hold, bonafide^ in said company.
§ 6. The persons named in the first section of this act,
hereby aj^pointed commissioners, who, or a majority of whom,
are herebj^ authorized to open subscription books for said
stock, at such place or places as they may deem proper, and
shall give at least ten days' notice of the time and place
where and when such books shall be opened in five of the
most public places in the said town of Si. Charles ; and shall
keep said books open until the sum of four thousand dollars
of the capital stock of said company shall be taken. Said
commissioners shall require each subscriber to pay fiv(~ dol-
lars on each share subscribed by him at the time of subscri-
bing; and, when the said sum of four thousand dollars shall
EAILK0AD8. 223
have been subscribed, the said commissioners shall call a
meeting of the stockholders, at some place in said town of
St. Charles, by giving at least ten days' notice of the time
and place of such meeting, by posting notices in five public
places in said town of St. Charles, for Ihe purpose of choos-
ing the number of directors aforesaid for said company ; and
when said directors of said company are chosen, the said
cotnmissioners shall deliver such subscription books, with all
sums of monej^ received by them, as commissioners, to said
directors. No person shall be a director in said company
unless he shall be a stockholder thereof. At the time and
place hereinbefore men tioned for such meeting and election,
the said commissioners, or a majority of them, shall attend
and act as inspectors of said election ; and the stockholders
present shall proceed to elect five directors, by ballot : and Directors — their
•l, . 1 • • • f. 1 111 -PI powers and du-
the said mspectors, or a majority ot them, shall certity the ties.
result of such election, under their hands, which certificate
shall be recorded in the record book of said company, and
shall be sufficient evidence of the election of the directors
therein named. Said directors shall have the same powers
and authority, and perform the same duties, and be governed
by the same rules conferred upon and required of the direct-
ors of the Galena and Chicago Union Railroad Company,
and now in force. Said directors, so elected, shall elect from
their number one president, who shall hold his office for one
year, and until his successor is elected and qualified, and
who shall have the same power, and be governed by the
same rules, as are now conferred upon and required of the
president of said Galena and Chicago Union Railroad Com-
pany by law. A majority of said directors, including the
president, shall constitute a quorum.
§ 7. The right of way and real estate purchased for the Right of way.
right of wa}^ and depot grounds, by said company, whether
by mutual agreement or otherwise, or which shall become
the property of the company, by operation of law, as in this
act provided, shall, upon the payment of the amount of
money belonging to the owner or owners of said lands, as a
compensation for the same, become the property of said
company, in fee simple.
§ 8. The said corporation may take and transport, upon May use horses or
said railroad, any person or persons, merchandise or other
property, by the force and power of horses or mules, and
may fix, establish, take and receive such rates of toll, for all
passengers and property transported upon the same, as the
said directors shall, from time to time, establish ; and the
directors are hereby authorized and empowered to make all
necessary rules, by-laws, regulations and ordinances that
they may deem necessary and expedient to accomplish the
designs and purposes, and to carry into effect the provisions
of this act, and for the transfer and assignment of its stock,
which is hereby declared personal property, and transferable
mules as motive
power.
224 BAILEOAD8.
in such manner as shall be provided by the by-laws and or-
dinances of said corporation.
Vacancies — how § 9. In case of the death, resignation or removal of the
filled. president or any director, at any time, between the annual
elections, such vacancy may be filled, for the remainder of
the year, in the manner prescribed by the rules and by-laws
of the company. And, in case of the absence of the presi-
dent, the board of directors shall have power to appoint a
president, jpro tern., who shall exercise such powers and
functions as the by-laws of said corporation shall provide.
In case it should at any time happen that an election shall
not be made, on any day in which, in pursuance of this act,
it ought to be made, the said corporation, for that cause, shall
not be dissolved, but said election shall be held at any other
time directed by the by-laws of said corporation.
Intersections or § l^' Whenever it shall be necessary for the construc-
crossings. ti^i^ of gai(j railroad to intersect or cross any water course,
or any road or highway lying between the points aforesaid,
it shall be lawful for said corporation to construct their rail-
road across or upon the same : Provided, that the corpora-
tion shall restore the water course, road or highway, thus
intersected, to its former state, or in a sufficient manner not
to have impaired its usefulness.
Mayuse parts of § H- Tl^s Said Corporation, whenever they shall deem
roads, etc. jt expedient, may use a portion of any road, street or alley,
for the construction of their said railroad : Provided, they shall
first have obtained permission from the president and trustees
of the town through which their said railroad passes, or of the
commissioners of highways where the road runs through
towns not incorporated ; and the said president and trustees
and commissioners of highways, or a majority of them, are
hereby authorized and empowered to grant said corporation
the right to construct and use their said railroad upon and
along any such public road, street or alley, over which
they, the said president, or commissioners, have the super-
vision and control : Provided, ahvays, that said corporation
shall not occupy to exceed fifteen (15) feet in width along
any such road, street or alley, for said railroad.
Payment of sub- § 1^. It shall be lawful for said directors to require the
scriptions. payment of the sums subscribed to the capital stock, at such
times and in such proportions, and on such conditions as they
shall deem fit, under the penalty of the iorfeiture of all pre-
vious payments thereon ; and shall give twenty days' notice
of the payments thus required, and of the place, time when
and where the same are to be made, by at least five no-
tices, posted in five of the most public places in said town
of said St. Charles.
_, , „ ,^ 5 13. The said company shall commence the construc-
tion. tion 01 said railroad witlim two years and complete the same
within four years from the passage of this act.
Appkoved February 16, 1863.
KAILK0AD8. 225
AN ACT to provide for the re-organization of the Logansport, Peoria and In force February
Burlington Railroad Company. '
Section 1. Be it enacted hy the Peoi^le of the State of
Illinois^ represented in the General Assembly^ That in case
any mortgage or mortgages, deed or deeds of trust, whicli Road may be sold
have been executed by the corporation originally formed
and organized under an act approved February 12, 1849,
by the name of " The Peoria and Oquawka llailroad Com-
pany," and now existing under said act and the several acts
amendatory thereof, the name of which corporation was
changed by an act approved February 21, 1861, to that of
"The Logansport, Peoria and Burlington Railroad Compa-
ny," of or upon so much of the railroad ot the said company,
its franchises, appurtenances and property, as lies between
Peoria and the eastern boundary of the State, commonly
called the eastern extension, or any part thereof, shall be
foreclosed, either by judicial proceedings, or by a sale or sales,
pursuant to any power contained in any such mortgage or
mortgages, deed or deeds of trust, any number of persons,
not less than twenty-iive, may, either directly, or through
one or more commissioners, trustees or agents, purchase the
said part or portion of the said railroad, or any connected
and continuous part thereof, with all its franchises, and all
or any part of the property covered by such mortgage or mort-
gages, deed or deeds of trust ; and the person so authorized
to purchase said part or portion of said railroad, may pur-
chase the same either at the aforesaid sale or sales, or after-
ward from any other person or persons who shall have pur-
chased the same at such sale or sales.
§ 2. The persons so purchasing said eastern extension New corporation,
of said railroad, franchises and property, or such part there- duti^s!^^'^^
of, shall, with their associates, if any, within three months
from the date of such purchase, form themselves into a new
and distinct corporation, by subscribing articles of associa-
tion, with the amount of stock taken by them respectively in
such new corporation ; which articles shall specity the name
of the corporation, the number of years the same is to con-
tinue, which shall not exceed fifty years, the amount of the
capital stock of the company, which shall not exceed the
aggregate of forty thousand dollars per mile of that part of
the road so to be purchased, the number of shares of which
the stock shall consist, specifying how many shall be pre-
ferred stock and how many shall be common stock, the
number of directors and the names of those who shall be
appointed for the first year, who shall be less than one-half
the number of stockholders, and who shall hold their offices
until their successors are chosen ; a description of the road
or part of road so purchased, with its termini, and the coun-
ties into or through which it passes, and its length, as near
as may be ; and by adopting a seal, which it may alter at
226
EAILROADS.
Articles of asso
elation.
Officers.
Convej'ance
property.
pleasure ; and the subscribers for said shares shall be deemed
to have complied with their subscriptions, and to have paid
therefor in full, when the j)roperty so purchased shall have
been assured or conveyed to the new corporation.
§ 3. The articles of association shall be made and signed
in duplicate, one copy of which shall be detained by the
company, and the other shall be filed in the office of the
Secretary of State ; and the said articles, or a copy thereof,
certified by the Secretary of State, under his official seal,
shall be conclusive evidence of the existence of the corpo-
ration.
§ 4. The board of directors shall have power to elect
one of their number president, and a secretary and treasu-
rer, and such other officers and agents as they may deem ne-
cessary, and to require of them such security for the faith-
ful performance of their duties as they may think proper,
§ 5. The officer or officers, trustee or trustees, making
such sale, shall convey the property so purchased directly to
the persons making the purchase, or to the person or per-
sons through whose agency the purchase is made, by deed,
immediately upon making the sale ; and if the same be con-
veyed to an agent or agents, commissioners or trustees, he
or they, and the survivor of them, shall, as soon as the re-
organization is completed, execute a declaration of the trust
to and in favor of the corporation, declaring the uses and
purposes for which the purchase was made, and the same,
together with the deed from the officer or trustee making
the sale, shall be recorded in the recorder's office of each
count}'', into or through which the road or part of road so
purchased shall pass ; or if the persons herein authorized to
associate, shall have purchased the said property after the
judicial sale or sales, then the title thereof shall be otherwise
assured and conveyed to the said corporation, to be formed
hereunder.
Property to vest § 6. By virtuc ol the sale, conveyance, and reorgan-
uon^"^ corpora- j^ation herein ]irovided for, the railroad or part of railroad
so sold, with all the property movable and immovable there-
to appurtenant, and all the franchises of the existing corpo-
ration, including the franchise to be a corporation, (but not
so as to defeat or impair any right or remedy against the
now existing corporation, in favor of any other party,) shall
pass to and vest in the new corporation, to take effect from
the time of such sale ; and the persons making such pur-
chase, and efi'ecting such re-organization, their associates and
successors, shall become and be a new and distinct body
politic and corporate, and may sue and be sued, plead and be
impleaded, answer and be answered unto in all courts and
places, and shall be entitled to the benefits and subject to
the obligations and duties imposed upon railroad corpora-
tions b}^ the laws of this State, not inconsistent with this
act; and said new corporation may issue, in exchange for,
KAILKOADS. 227
and as an equivalent for the value of tlie said property pur-
chased, all or any part of its shares of preferred stock, and
also its bonds, secured by a mortgage or deed of trust, of
and upon said property to the extent of not exceeding
$1,600,000, and also all or any part of its common stock,
excepting, however, such portion of said common [stock] as
is recpiired to be issued for other purposes, as hereinafter set
forth.
§ 7. The persons subscribing said articles shall have pow- Purchasers to re-
ar either before or after the sale, to adopt a plan of purchase °'"^^°'^^'
and reorganization ; to appoint proper agents to eflect the
same ; to direct the issue of such and so numy of its shares
of preferred and common stock, and such and so many of
its bonds, secured by mortgage, as shall be necessary to car-
ry out said plan ; to direct the distribution of the shares of
stock of the nev;^ corporation into a preferred stock and a
common stock, as they shall think fit ; to declare who, and
upon what terms and conditions, of the several classes of
stockholders and bondholders, may vote in the election of
directors, and in other matters affecting the interests of the
company, and generally to specify the terms and conditions
upon which they co-operate in effecting the said reorganiza-
tion, and the rights of bondholders and of shareholders to
vote, and the rights of the latter to a dividend or dividends
shall be such, and such only, as shall be prescribed by the
said subscribers.
§ 8. The corporation, when so organized, shall have pow- May borrow mo-
er to issue its bonds or obhgations for the purpose of carry- ^^^'
ing out said plan and for the purpose of purchasing said
eastern extension, in such denominations, not less than
$1,000, as it shall see fit, but for an amount not exceeding
the amount aforesaid, and at a rate of interest not exceed-
ing eight per cent., and also to borrow money, in or out of
this State, and to issue its bonds therefor at such rate of
interest as it shall think j^roper; to execute such bonds and
other securities, in or out of this State, and to make them
payable at any place, in or out of this State, as the parties
may agree ; to secure the payment of said bonds by a lease
or leases of its road, or any part of it, or by one or more
mortgages or deeds of trust, of its road, or any other of its
property and its corporate franchises or any part thereof,
which mortgages, deed or deeds of trust may cover and in-
clude as well property to be acquired by the corporation as
that owned by it at the time of the execution of such instru-
ments, and may authorize the mortgagees or trustees to enter
into and take possession of the mortgaged property and pre-
mises in case of default of payment of any interest or the
principal of such bonds, and to sell the mortgaged property,
its appurtenances and franchises, or any part thereof, for the
payment of any such principal or interest, or to run, use and
operate the said railroad and property, and apply the in-
228
KAILKOADS.
Sinking fund.
To caiTy out con-
tracts of ek]
company.
May lease con-
necting roads.
Acceptance
subscribers.
by
Exchange
stock.
Q(of
come thereof to the expenses of running and operating the
said road, and to the payment of the interest and principal
aforesaid. Said corporation may create a sinkirig fund, for
the ultimate payment of its liabilities, and may, by its oflBcers
or agents, sell or hypothecate its bonds and other securities,
in or out of this State, at any rate of price, above or below
par, that it may think proper.
§ 9. Said corporation shall have power to assume, carry
out and perform any contract or contracts heretofore entered
into by the Peoria and Oquawka or the Logansport, Peoria
and Burlington Eailroad Company, and to make any settle-
ment or adjustment with the contractors for the construction
of the bridge over the Illinois river, at Peoria, that the par-
ties can agree upon, and to liquidate and remove all incum-
brances, and liens upon said road, or any part thereof, in-
cluding said bridge, and to perfect their title to the same.
§ 10. Said corporation shall have power, with the con-
sent and concurrence of a majority in interest of the bond-
holders and stockholders entitled to vote, for the time being,
to lease any connecting railroad in this or any adjoining
State, to form running connections with any such railroad,
or to consolidate its property and stock, and to merge its
corporate existence and franchises in and with those of the
corporation owning any such connecting road, upon any
terms upon which the parties may agree.
§ 11. If the articles of association satisfied and provided
for, in this act, shall be filled as herein prescribed, within
three months after the judicial sale or sales of said eastern
extension, the same shall be deemed an acceptance by the
subscribers of the privileges and franchises conferred by
this act, and it is hereby provided that such sale or sales,
and reorganization shall not have the efiect to destroy or
impair any right or franchise which may now exist, extend-
ing from the eastern to the western boundary lines of the
State, or any obligation or duty resting upon the owners or
operators of any other portion formerly belonging to said
first mentioned corporation, to run, use or operate the same,
or permit the same to be run, used or operated as a continu-
ous line across the whole State, but the said raih-oad shall
be run, used or operated as designed and intended by the
State in granting the franchise therefor, in and by the origi-
nal act of incorporation and the several acts amendatory
thereof, from the Mississippi river to the eastern boundary
of this State, as a continuous line of road.
§ 12. The said corporation, when so organized, shall re-
serve out of its shares of common stock, and shall issue to
the city of Peoria, and county of Iroquois, one share of
common stock in the new corporation, in exchange for every
share of stock in the old corporation, which was originally
subscribed for the said eastern extension, herein fii'st men-
KAILEOADS.
tioned, and amounting in the aggregate to $150,000, at par,
now held by said citj and county respectively : Provided,
that if said city and county, or either, shall not accept said
shares of common stock after three months' notice from the
new corporation of its readiness to deliver the same, then
their rights to such shares shall terminate, and said new cor-
poration may then dispose of the same as it shall see fit ;
and said corporation shall also reserve out of its shares of
common stock, and shall issue to such other persons as are
now the holders of full paid shares of the stock of said first
mentioned company, which were subscribed specifically for,
or towards, said eastern extension, one share of common
stock in the new corporation, for every share of such stock,
so specifically subscribed for : Provided, however, and upon
this express condition, that any person failing to call for and
demand such share of common stock, within three months
after public notice by the new corporation, through one or
more newspapers published in the cities of Peoria and Chi-
cago, in this State, of its readiness to deliver the same, and
failing also to pay to the new corporation one dollar in cash
for every share of such common stock, shall not thereafter
be entitled to have or demand the same, and said corpora-
tion may dispose of such shares of common stock as it shall
see fit.
§ 13. Said new corporation shall have the right to pur-
chase and hold lands in the city of Peoria, for depot and
other purposes, in connection with the uses of its road.
§ 14. This act shall be a public act and shall take effect
and be in force from and after its passage.
Appkoved February 14, 1863.
AN ACT to incorporate tlie Branch Railroad Company. In force February
16, 1863.
Section 1. Be it enacted ly the People of the State of
Illinois, rejpresented in the General AssemUy, That George
A. Thomson, Charles I. Thompson, John Q. R. Pease,
Perry H. Smith, James R. Young, Alexander C. Coventry, corporators.
and William O. Wheeler, their associates, successors and
assigns, are hereby created a body politic and corporate, under
the name and style of "The Branch Railroad Company;" and
by that name be and they are hereby made capable, in law Name and powers
and equity, to sue and. be sued, plead and be impleaded,
defend and be defended, in any court of law or equity, in
this State or elsewhere ; to make, have and use a common
230
RAILROADS.
Capital stock.
Route and
struction.
Eight of way, ma-
terials, eti-.
Connections and
consolidations.
sea], and the same to renew and alter at pleasure ; and they
are hereby authorized to make and publish all necessary
rules, regulations or by-laws, for the carrying out of the pur-
poses intended by this act and to alter and change the same
at pleasure.
§ 2. The capital stock of said company shall be two
hundred and fifty thousand dollars, which may be increased
by said company to any sum, not exceeding one million of
dollars, which may be divided into shares of hundred dol-
lars each, which shall be deemed personal propertj^, and
may be issued and transferred in such manner as the board
of directors may prescribe.
§ 3. The corporation hereby created shall have power
to locate, construct, furnish, maintain and oj)erate a railroad,
with one or more tracks, commencing at the most conve-
nient point on the line of the Racine and Mississippi Rail-
road, between the towns of Beloit and Durand, in the county
of Winnebago, in this State, to run from such point where
designated by the board of directors, to the "Wisconsin State
line, in the direction of Broadhead, in the State of "Wiscon-
sin, on such line as may be finally designated by the board
of directors, there to intersect with the Sugar River Valley
Railroad, and with all necessary side tracks, turnouts,
switches, depots, stations, and all necessary buildings, erec-
tions and structures, and for this purpose they are hereby
vested with all the powers necessary for the purchasing,
taking, holding and selling and transferring property, real
and personal, as natural persons, as the board of directors
may deem necessary, to carry out the object of this act.
§ 4. For the purpose of acquiring the rights of way for
the construction of said road, side tracks, and turnouts, and
grounds for depots, stations or other buildings, erections
and structures, and for the purpose of obtaining stone,
gravel and other material for building, ballasting or repair-
ing the same, and of a right of way to said material, the
said company be and they are hereby authorized and em-
powered to take, condemn and use the same, under the pro-
visions of an act to amend the law condemning the rights
of way for purposes of internal improvements, approved
June 22d, 1852.
§ 5. Said company shall have power to unite, connect
or consolidate its railroads with any other railroad con-
structed or which may be hereafter constructed, either in
this State or the State of Wisconsin, upon such terms as
may be mutually agreed upon between the companies so
uniting, connecting or consolidating ; and for that purpose
full power is hereby given to said company to make and
execute such contracts with any other company as will se-
cure the objects of such connection or consolidation ; and
the said corporation may, furthermore, lease or purchase,
EAILROADS. 231
upon snch terms as may be agreed upon, any other road or
parts of road, either wholly or partially constructed, which
may constitute or be adopted as a part of their main line ;
and by such lease or purchase they shall acquire and be-
come vested with all the rights and franchises pertaining to
such road or part of road, so leased or purchased, in the
right of way, construction, maintenance and working
thereof.
§ 6. The said company is hereby authorized, from time May borrow mo.
to time, to borrow such sum or sums of money as may be '^'^^'
necessary for the completing, equipping, furnishing and
maintaining their said railroad, and to issue and dispose of
the bonds, at such rate of interest and at such discount as
may be thought for the benefit of the company, and to
mortgage their corporate property and franchises, or convey
the same by deed of trust, to secure the payment of any
debt contracted by said company, for the purpose aforesaid.
And the directors of said company may confer on any bond-
holder of any bond issued for money borrowed, as afore-
said, the right to convert the principal due or owing thereon
into stock of said company, at any time, and may, further,
authorize the holder of any such bond to vote at any and all
elections for the election of officers for said corporation,
under such regulations as the directors of, said company
may see fit to adopt ; and any such bonds that may be sold
or disposed of at a less rate than par shall be as valid and
binding upon said company as if the same were sold for the
par value thereof.
§ Y. All the corporate powers of said company shall be Directors.
vested in and exercised by a board of directors, to consist
of not less than five nor more than eleven members, and
such officers, agents and servants, as they shall appoint.
Yacancies in all the board of directors may be tilled by a
vote of two-thirds of the directors remaining — such appoint-
ees to continue in office until the next annual election ot
directors; which said annual election shall be held at such
time and place as may be designated and fixed by the by-
laws of said company, thirty days' printed notice being
given in two newspapers having circulation along the line
of the said railroad.
§ 8. George A. Thomson, Charles I.Thompson, John First board of ai.
J. R. Pease, Perry H. Smith, James K. Young, Alexander C. '^''°'''
Coventry and William O. Wheeler shall be the first direc-
tors of said corporation, and shall, respectively, hold their
offices until their successors are elected and qualified.
§ 9. This act shall be deemed a public act, and take
effect from and after its passage.
Approved February 16, 1863.
KAILEOADS.
In force February
12, 1863.
AN ACT to incorporate the Hannibal and Naples Railroad Company.
Section 1. Be it enacted hy the People of the State of Illi-
nois, represented in the General Assembly, That Alexander
Starne, Benjamin D. Brown, Ozias M. Hatch, George Wike,
George W. Shields, J. G. Helme, James Mc Williams and
Scott Wike, the purchasers at sheriff's sale oi the property
and franchises of the Pike County Hailroad, and their asso-
ciates, successors, heirs and assigns, be and they are hereby
created a corporation, by the name of the "Hannibal and Na-
ples Eailroad Company;" and, as such, shall possess the
rights, powers and franchises usually possessed by such corpo-
rations, and, also, all the privileges, powers, rights and fran-
chises, at any time heretofore possessed by the Pike County
Railroad Company; and, in their corporate name, shall [have]
full power, in law and equity, to sue and be sued, plead and
be impleaded, defend and be defended, in any court of law
and equity, in this State, or any other place ; to make, have
and use a common seal, and the same to renew and alter at
pleasure ; and shall be and are hereby invested with all the
powers, privileges and immunities which are or may be
necessary to carry into effect the purposes and objects of
this act, as hereinafter set forth. And said company are
hereby authorized and empowered to construct, build, fully
complete, maintain and use a railroad, commencing on the
east bank of the Mississippi river, at some point in Pike
county, opposite, or nearly opposite, the city of Hannibal,
in the State of Missouri, running eastwardly across said
Pike county, to the town of Naples, in Scott county, Illinois,
crossing the Blinois river, at some point between Griggs-
ville landing, in said Pike county and Naples, aforesaid, or
to some point within three miles thereof. And said com-
pany shall have power, in the construction of said road, to
adopt any route or survey adopted or made by the Pike
County Railroad Company ; or they may, and they are
hereby empowered to cause such other surveys to be made,
and adopt such other routes as may become practicable and
expedient.
§ 2. Said company shall have power to fix the amount
of the capital stock of said company, not to exceed $1,500,-
000; to divide, transfer and increase the same at pleasure;
to borrow money, issue bonds and certificates of shares, and
pledge or mortgage its property or franchises ; to condemn,
according to law, lands necessary for the track of said road,
and for the turnouts, side tracks, and sites for depots, engine
houses, and other buildings necessary for the convenience
and accommodation of said railroad ; to consolidate its capi-
tal stock and franchises with any other railroad company,
for the construction, use or maintainance of said railroad,
KAILKOADS. 233
and for the construction and maintenance of the bridge
hereinafter mentioned,
§ 3. And said company shall have power to construct, '^^^7j°°'^^*''"'=* *
build, use and maintain, for railroad and other purposes,
and as a public highway, a bridge across the Illinois river,
at a point between said Griggsville landing and JSIaples,
aforesaid, in such manner as shall not materially obstruct or
interfere with the free navigation of said river, and, for such
purpose shall have power to condemn lands, according to
the provisions of an act entitled "An act to amend the law
condemning right of yvsLj for purposes of internal improve-
ment," approved June 22d, 1852, or in any other manner
provided by law, and make and establish rules and regula-
tions for the use of the same, and to sell or lease the same
or the use thereof, or the franchises of said company in the
same to any company or corporation.
§ 4. That the said company be and they are hereby May seii bonds.
authorized to negotiate and sell the bonds of said company,
at such times, at such places, and such rates, and for such
prices, either within or without this State, as in their opinion
will best advance the interests of said company; and if such
bonds are thus negotiated and sold at a discount below their
par value, such sale and disposition thereof shall be as valid
and binding on the company, in every respect, as if sold at
their par value. And to secure the payment of said bonds
said company shall have full power to execute mortgages or
deeds of trust, which shall be binding upon said company,
to all intents and purposes.
§ 5. Whenever it shall be necessary, for the construction crossing of other
of said road, to intersect or cross a track of any other railroad,
or any stream of water or water course, or road or highway,
it shall be lawful for said company to construct their said
road across or upon the same : Provided, that the said com-
pany shall restore the railroad, stream of water, water course,
or road or highway, thus intersected or crossed, to its former
state, or in a manner not materially to impair its usefulness.
§ 6. That the right of way and the real estate for the Right of way.
right of way, and for the purposes aforesaid, purchased by
said company, whether by mutual agreement or otherwise,
or which shall become the property of said company,, by
operation of law, as in this act provided, shall, upon the
payment of the amount of money belonging to the owner
or owners of said land, as a compensation for the same,
become the property of said company in fee simple.
§ 7. Be it further enacted, That all the rights, privileges General powers
and advantages, with the limitations and restrictions confer- ^ ^"^' ^**'
red upon the Illinois Central Railroad Company, also the
rights, privileges and advantages conferred by an act entitled
"An act to provide for a general system of railroad incorpo-
rations," approved November 5, 1849, and the several acts
—18
234
Blection of
cers.
KAILKOADS.
amendatory thereto, are hereby conferred upon said Hanni-
bal and I^aples Eailroad Company,
ofa- § 8. The said company shall, within one year after the
passage of this act, elect one of their number president of
said company ; and said company may elect or appoint all
necessary clerks, secretary, treasurer, and other officers
necessary in the transaction of the business of said company;
which president and other officers aforesaid shall be remo-
vable from their respective offices at the pleasure of the
company ; and said company shall have the power and they
are hereby authorized and empowered to make all necessary
by-laws, rules, regulations and ordinances that they may
deem necessary and expedient to accomphsh the designs and
purposes and to carry into effect the provisions of this act,
and for conducting the business and affairs of said company.
§ 9. This act shall take effect and be in force from and
after its passage.
Appboved February 12, 1863.
Corporators.
In force June 11, AN ACT to incorporate the Peoria, Pekin and Jacksonville Railroad Com-
1863. ' pany.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That Lucius
Hopkins, Alexander Studwell, and George T. Cobb, trustees
in the first mortgage or deed of trust, executed to them by
the " Illinois Kiver Railroad Company," and dated the first
day ot November, a. d. 1858; and Aaron Arnold, John
Allen, Edwin L. Trowbridge, holders of bonds or obliga-
tions secured by said first mortgage or deed of trust, and
their associates, who shall hereafter become purchasers of
the railroad premises, franchises and property, described in
'said first mortgage or deed of trust, under or by virtue of
the foreclosure thereof, or under or by virtue of any decree
made, or hereafter to be made by any court within this
State, directing or ordering the sale of said railroad premi-
ses, franchises and property, are hereby created a body cor-
porate and politic, by and under the name of the Peoria,
Pekin and Jacksonville Railroad Company, with perpetual
succession.
§ 2. The said corporation hereby created is hereby
authorized and empowered to purchase and become the
owner of all and singular the railroad franchises, premises,
property, real, personal and mixed, described in the afore-
To purchase pro
pei-ty.
KAILKOADS. 235
said first mortgage or deed of trust, and to use and enjoy
the same ; and that upon receiving a proper transfer, con-
veyance and assignment of the same, the said corporation
hereby created, shall thereupon have, possess, and be vested
with, and may lawfully use, enjoy and exercise any or all
the corporate power, privileges, rights, immunities and fran-
chises heretofore given or granted to the Illinois River
Railroad Company, under or by virtue of any act or acts of
the General Assembly of the State of Illinois.
§ 3. This act to take effect and be in lull force from and
after its passage.
Approved June 11, 1863.
AN ACT to authorize the Saint Louis, Alton and Terre Haute Railroad Com- In force Febru-
pany to extend its railroad, and form a connection with the Illinois Central ^''y ^3, 1863. ^
Railroad.
Extension of
Section 1. Be it enacted ly the People of the State of
Illinois^ represented in the General Assembly^ That the Saint
Louis, Alton and Terre Haute Railroad Company shall ToaT
have power and it is hereby authorized to extend its rail-
road, from its present terminus, in the city of Belleville, in
the county of St. Clair, in a southeasterly direction, to the
Illinois Central Railroad, and to unite and form a connec-
tion with the same ; and, for that purpose, full power is
given to said company to make and execute such contracts,
with any other company, as will secure the construction of
said road, and the object of said connection.
§ 2. That said St. Louis, Alton and Terre Haute Rail- Powers.
road Company, in the extension aforesaid, and in the con-
struction and operation of a railroad, from Belleville, in St.
Clair county, to the Illinois Central Railroad, shall have,
possess and exercise all the powers, faculties, privileges,
immunities and franchises now and at any time held by said
company, or by the Terre Haute, Alton and St. Louis Rail-
road Company, during its existence, by or under any law
of this State ; and shall, also, have power to create and
issue additional stock, and to such aggregate amount_as_May issue addi-
shall ^" /i/^/-.rvi/%/i - -^^ — " — i- —
AN ACT to authorize the Chicago and North Western Railway Company to in force Febru-
create and issue preferred capital stock in exchange for its second mortgage ary 13, 1868.
bonds and coupons, and to consolidate with other companies.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That the Chi-
cago and JSTorth "Western Railway Company shall have
236
BAILEOADS.
power, for the purpose of funding its second mortgage
bonds and coupons, or any of them, to create and issue a
preferred capital stock, in shares of one hundred dollars
each, and to such aggregate amount as shall be necessary
for the said purpose; and may estabhsh prelerences m
respect to dividends, in favor of said stock, m such manner
and to such extent and with such securities as it may deem
expedient; and may exchange said stock, at par, for all or
any part of its second mortgage bonds, and may tund the
coupons issued with said bonds in said stock and may
exchan-e said stock at par for all or any part of said coupons.
8 2 The said company or companies which it may con-
nect or intersect, are hereby authorized to make running^
connections with each other, or consolidate their proper^;, .
§ 9. This act shall take effect and be in force from and
after its passage.
Ai>PiiovED February 12, 1863.
1b force June 11, AN ACT to incorporate the Peoria, Pekia and Jacksonville Railroad Com-
1863.
pany.
Section 1, Be it enacted hy the Peojple of the State of
Illinois^ represented in the General Assemhly, That Lucius
Corporators. Hopkiiis, Alexander Stud well, and George T. Cobb, trustees
in the first mortgage or deed of trust, executed to them by
the " Illinois River Railroad Company," and dated the first
day ol November, a. d. 1858 ; and Aaron Arnold, John
Allen, Edwin L. Trowbridge, holders of bonds or obliga-
tions secured by said first mortgage or deed of trust, and
their associates, who shall hereafter become purchasers of
the railroad premises, franchises and property, described in
'said first mortgage or deed of trust, under or by virtue of
the foreclosure thereof, or under or by virtue of any decree
made, or hereafter to be made by any court within this
State, directing or ordering the sale of said railroad premi-
V alley Railroad ; and, tor that purpose, lull power is iibi v^^ .^
given to said company to make and execute such contracts,
with any other company, as will secure the construction of
said road and the objects of said connection.
§ 2. The said St. Louis, Alton and Terre Haute Rail-
road Company, in the construction and operation of said
railroad, from Paris to the State line, and for the purposes
of said extension and construction, shall have, possess, and
KAILEOADS. 337
exercise all the powers, faculties, privileges, immunities
and franchises now and at any time held by said company,
or held by the Terre Haute, Alton and St, L®tiis Railroad
Company, during its existence, by or under any law of this power to issue
State ; and shall also have power to create and issue addi- additional stock.
tional stock, and to such aggregate amount as shall be
deemed necessary, to carry out the objects of this act.
§ 3. This act shall be deemed a public act, and shall
take effect and be in force, from and after its passage.
Approved Feb. 20, 1863.
AN ACT to authorize the Saint Louis, Alton and Terre Haute Ralh'oad Oom- In force Pebru-
pany to extend its railroad, and form a connection with the Illinois Central ^'■y ^^' ^^^^•
Railroad.
Extension of
Section 1. Be it enacted }>y the People of the State of
Illinois, represented in the General Assembly, That the Saint
Louis, Alton and Terre Haute Railroad Company shall Toad.°'
have power and it is hereby authorized to extend its rail-
road, from its present terminus, in the city of Belleville, in
the county ^f St. Clair, in a southeasterly direction, to the
Illinois Central Railroad, and to unite and form a connec-
tion with the same ; and, for that purpose, full power is
given to said company to make and execute such contracts,
with any other company, as will secure the construction of
said road, and the object of said connection.
§ 2. That said St. Louis, Alton and Terre Haute Rail- Powers.
road Company, in the extension aforesaid, and in the con-
struction and operation of a railroad, from Belleville, in St.
Clair county, to the Illinois Central Railroad, shall have,
possess and exercise all the powers, faculties, privileges,
immunities and franchises now and at any time held by said
company, or by the Terre Haute, Alton and St. Louis Rail-
road Company, during its existence, by or under any law
of this State ; and shall, also, have power to create and
issue additional stock, and to such aggregate amount as May issue addi-
shall be deemed necessary, to carry out the object of tio^ai stock.
this act.
§ 3. This act shall be deemed a public act, and shall
take effect and be in force, from and after its passage.
Appeoved Feb. 13, 1863.
238 RAILROADS.
In force February AN ACT to amend an act entitled " An act to incorporate the Illinois South-
14, 1861
ern Railroad Company," approved January 31st, 1857.
Section 1. Be it enacted by the People of the State of
Illinois^ represented in the General Assembly^ That the
May construct HHnois Southem Railroad Company be and are hereby
authorized, under and in accordance with their chartered
privileges, to extend their line of railroad, by building a
branch railroad, from some point, on their present line of
railroad, at or near Harrisbargh in Saline county, to Brook-
lyn, in Massac county. And said company is further
authorized, hereby, in like manner, to build another branch
railroad, from some point on the line of their road, at or
near St. Francisviile, to the Lawrenceville station, on the
Ohio and Mississippi railroad, in Lawrence county, in this
State.
§ 2. This act shall be deemed a public act, and shall be
in force from and after its passage.
Approved February 14, lb63.
In force Febru- AN ACT to enable purchasers of railroads sold under mortgages, deeds of
ary 14, 1863. trust, or otherwise, hereinafter mentioned, to become corporations.
SECTioisr 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, ThoX it shall
be competent and lawful for the purchaser or purcha-
sers of the Peoria and Oquawka Railroad, the Racine and
Mississippi Railroad, and the Quincy and Chicago Railroad,
or either of them said railroads, under any mortgage or
deed of trust, or by virtue of the decree of any proper
court, for the purpose of more conveniently managing the
Purchasers to as- same to associatc with themselves such persons or parties
w\th ttem. ^" as they shall see fit and proper therein ; and to cause to be
made and issued to the parties so associated certificates of
stock of the same designations and descriptions as were
issued under the original charter, and acts incorporating the
company, which may have owned such road theretofore :
Provided, however, that the whole amount of such stock so
issued shall not exceed the amount of the cost of said road
and the equipment thereof, estimated at fifty thousand dol-
lars per mile.
To eket direct- § 2. There shall be called, by the purchasers of said
road, a meeting of the parties holding certificates of stock
so issued, to be held at some place in this State, at such
time as may be convenient. At which meeting, so called,
all of the holders of said stock or certificates may be rep-
resented by person or by proxy ; and the stockholders so
present, in person or by proxy, shall be authorized and
empowered to elect a board of directors, to consist of the
same number as was provided in the original charter and
era.
EAILEOADS. 239
acts incorporating the corporation by which the said road
was constructed ; and thereupon, the said stockholders shall
become entitled to all tlie rights and privileges, and corporate
franchises granted and created by the original charter and
acts of incorporation, so far as they pertain to and are
applicable to the road so sold and purchased : Provided^ Proyiso.
however^ there shall be filed with the Secretary of State,
under the signatures of a majority of the stockholders in
the new corporation, describing the road so sold, its extent
and its termini, and the acts of incorporation under which
it was constructed, and setting forth the proceedings of
said meeting, the name adopted for the company so organ-
ized, and its election to adopt the charter and acts amenda-
tory thereto, within sixty days after such meeting and
actions, and certified also under the name and seal of the
newly organized corporation ; and upon filing such certifi-
cate, the persons so associated, and their successors, shall be
a body politic and corporate, by the name stated in such
certificate ; and a copy of such certificate, attested by the
signature of the Secretary of State, or his deputy, shall, in
all courts and places, be evidence of the formation and exis-
tence of the said corporation, and of the facts in said certifi-
cate stated : And provided^ further , it shall be competent for
said stockholders, in such certificates, to adopt such acts of
the legislature, under which such road was constructed and
built, as they may deem advisable ; but they shall not be
entitled to retain any rights and privileges, nor be entitled
to the benefits of any acts conferring power and privileges
beyond and not appertaining to the road and appurtenances,
or to the part thereof actually sold.
§ 3. The stockholders in such newly organized corpora- May consolidate
tion shall have the right to consolidate their stock and prop-
erty with the stock and property of any other railroad compa-
ny with whose road its line may connect or intersect, under
the same restrictions, and in the same manner, and M'ith the
same rights as are provided in and by an act to enable
railroad companies and plank road companies to consoli-
date their stock, approved February the 28th, a. d.j 1854.
Nothing in this act contained shall be construed either
on the one hand so as to impose or on the other so as to
impair or destroy any obligation or duty upon the persons
purchasing or owning a part or parts of any continuous
line of railroad to use and operate the part or parts so pur-
chased or owned, in connection with the remiining part or
parts of said continuous line ; but such obligation and duty
shall be and remain such and such only as they would
have been had this act not have been passed, hereby declar-
ing that the franchises of the Peoria and Oquawka "Railroad
shall not be impaired.
This act shall be in force from and after its passage.
Approved February 14, 1863.
with other com-
panies.
240 KAILKOADS.
In force June 10, A BILL to enable the purchai^HMMjbe west end of the Peoria and Oquaw-
1863. ka Railroad, sold under mortgH^^eed of trust, or otherwise to become a
corporation.
Section 1. Be it enacted l)y the People of the State of
Illinois^ represented in the General Assembly^ That it shall
Issue of certifi- be Competent and lawful for the purchasers of that portion
of the Peoria and Oquawka Railroad which lies west of
the Illinois river, sold, or which may hereafter be sold un-
der any mortgage, or deed of trust, or by virtue of the de-
cree of any proper court, for the purpose of more conve-
niently managing the same, to associate with themselves
such persons or parties as they shall see fit and proper, and
to cause to be made and issued to the persons and parties
so associated, certificates of stock of the same designations
and descriptions as were issued under the original charter
and acts incorporating the company which owned such road
theretofore : Provided^ however^ that the whole amount of
such stock so issued shall not exceed the amount of the cost
of said road and the equipment therefor, estimated at fifty
thousand dollars per mile.
Election of board § 2. There shall be called, by the purchasers of said
of directors, ^^xt of Said road, a meeting of the parties holding certifi-
cates of stock SO issued, to be held at some place in this
State, at such time as may be convenient, at which meeting
all of the holders of said stock or certificates shall be rep-
resented, in person or by proxy; and the stockholders so
present, in person or by proxy, shall be authorized and em-
powered to elect a board of directors, to consist of the same
number as was provided for in the original charter and
acts incorporating the Peoria and Oquawka Railroad Com-
pany, by which the said part of said road was constructed ;
and thereupon the said stockholders shall become entitled
to all the rights and privileges and corporate franchises
granted and created by the original charter of said compa-
ny, approved February 12, a. d. 1840 : Provided^ however^
Certificate of or- ^^'^'^ there should be filed, within sixty days after said meet-
ganization. ing, witli the Secretary of State, under the signatures of all
the stockholders in the new corporation, a certificate, set-
ting forth the proceedings of said meeting, and the name
adopted for the company so organized, which said certificate
shall also be certified under the name and seal of the newly
organized corporation; and upon filing such a certificate,
the persons and parties so associated, and their successors,
shall be a body politic and corporate, by the name stated in
such certificate ; and a copy of such certificate, attested by
the signature of the Secretary of State or his deputy, shall,
in all courts and places, be evidence of the formation and
existence of the said corporation, , and of the facts in said
certificate stated ; but the said new corporation shall not be
entitled to the benefit of any other act or acts conferring
EAILEOADS. 24:1
power or privileges, beyond and not appertaining to the
part of the road actually sold and its appurtenances.
§ 3. The stockholders in such newly organized corpora- ^^e^^ ^° consou-
tion shall have the right to consolidate their stock and prop- money.
ertj with the stock and property of any other railroad com-
pany with whose road its line may connect or intersect, with
the same restrictions, and in the same manner, and with the
same rights as are provided in and by an act entitled "An
act to enable railroad companies and plankroad companies
to consolicate their stock," approved February 28, a, d. 1854,
and such consolidated company shall have the right to bor-
row money at any rate of interest on its bonds, and to mort-
gage the whole or any part of its road to secure the pay-
ment thereof.
§ 4, ]N[othing in this act contained shall be so construed Existing owiga-
as either on the one hand to impose, or on the other to de- '*"^^ o remain,
stroy or impair any obligation or duty upon the persons pur-
chasing or parties owning such part of said railroad to use
or operate the same in connection with the remaining part
of said road lying east of the Illinois river ; but such obli-
gation and duty shall be and remain such and such only, as
they would have been had this act not been passed. This
act shall take effect and be in force from and after its pas-
ge.
Approved, June 10, 1863.
AN ACT to reduce into one act the several acts incorporating and relating In force February
to the Warsaw and Rockford Railroad, and to amend the same. ^^' ■'^®®^'
Section 1. £e it enacted hy the People of the State of
Illinois^ represented in the General Assembly, That whereas
the Warsaw and Rockford Railroad Company have, under
and pursuant to the several acts incorporating and relating
to the said company, partially constructed a railroad from
Warsaw, in Hancock county, to Port Byron, in Rock Island
county, and are desirous of completing said road, and ex-
tending the same to Galena, in the county of Jo Davies,
and to reduce into one act the several acts incorporating and
relating to said company and to change the name thereof;
therefore, J5e it enacted, as aforesaid. That the stockholders
in the Warsaw and Rockford Railroad Company, the asso-
ciates, successors and assigns, are hereby constituted and
continued a body corporate and politic, with perpetual suc-
cession, bj the name and style of the "Warsaw, Rock Island Name of consou-
and Galena Railroad Company," and, as such, may sue and ^^^^^ company,
be sued, complain and defend, at law and in equity, in all
courts and places whatsoever ; may have and use a common
242
EAILEOADS.
Route of road.
Branches.
Connections.
Eight of way and
assessment of
seal, and alter and renew the same at pleasure ; and have
and exercise a'l the powers necessary to carry into effect the
purposes of this act; and shall succeed to and be vested
with all the rights, franchises, property and effects of the said
Warsaw and Roc'kford Kailroad Company ; and be subject
to the same relations and liabilities, existing in favor of and
against said named company.
§ 2, The said corporation is authorized and empowered
to locate, construct and complete a railroad, with sins'le or
double track, from the citj of Warsaw to the city of Rock
Island, and thence to the city of Galena — all in the State
of Illinois — upon such line or route as has been or may be
designated and selected for the purpose, by the directors of
said corporation, and to construct and operate a branch of
said road from Appanoose, in Hancock county, to connect
with the Mississippi and Wabash railroad at Elveston, with
all the powers, rights and privileges in relation thereto, as
in relation to the main line of said roaJ ; and to continue
the same and the use thereof, for the period herein men-
tioned ; to prescribe the manner of using said road, and the
force by which the carriages used thereon shall be propelled ;
to regulate the time and manner of the transportation of
persons and property thereon, and the rates of toll and
charges therefor. And the said corporation may connect
and confiolidate said railroad, or any part thereof, with any
railroad now constructed or hereafter to be constructed, to
any point on the line of said road, or to transfer, by lease
or otherwise, their said road and franchises or any part
thereof, to any other company or person, upon such terms'
as may be agreed upon by the directors of the companies
or other parties making such connection or transfer.
§ 3. The said corporation may acquire and hold such
real estate as may be necessary for accomplishing the ob-
jects of this act ; and may, by its agents, engineers and sur-
veyors, make all proper examinations and surveys for deter-
mining the most eligible route for said railroad ; and may lo-
cate any part of the same, upon the route already selected
therefor, or make such change in the lines thereof, as may be
deemed expedient; and may appropricate, hold and use, for the
purposes of said railroad, any and all right of way, work and
materials owned by the aforesaid Warsaw and Rockford Eail-
road Company, or by the State, on any part of the route of
their said road. Whenever any other lands or materials shall
be taken and appropriated by said corporation, for the location
or construction of said railroad or its appendages, and the
same shall not be granted or released to said corporation, or
the owners thereof do not agree with said corporation upon
the amount of damages to be paid therefor, the amount of
such damages shall be estimated and assessed in tl*e manner
and in accordance with the rule prescribed by the act con-
cerning the right of way, approved March 3, 1845; and the
KAILROADS.
243
proceedings for the appointment and the return of the re-
port of commissioners, and the acquiring by said corpora-
tion of the right to the lands and materials condemned, shall
conform as near as may be, to the provisions of the said re-
cited act and the amendments thereto.
§ 4. The capital stock of said corporation shall consist -^aiTtock"^ ''^^^'
of the stock subscribed and taken in the said Warsaw and
Rockford Railroad Company, and such further amounts of
stock as may be subscribed and taken in this corporation,
under the orders of the board of directors thereof. The
whole amount of the capital stock shall not exceed hve mil-
lions of dollars ; and the said stock shall be deemed person-
al property, and be divided into shares of one hundred dol-
lars each, and shall be transferable in such manner as the
by-laws of the company shall prescribe. Payments for stock
already subscribed, or which may hereafter be subscribed
for, shall be made at such times, and in such proportions,
and upon such conditions, as the board of directors may re-
quire, under the penalty of a forfeiture of the stock and all
previous payments thereon. Notice of the time and place
at which such payments are to be made, shall be given at
least six weeks previous to such time, by personal service
thereof upon the subscribers, or by publication in at least
two public newspapers of the State, one of which shall be
in the town or city where the principal office of said corpo-
ration is kept.
§ 5. The immediate government and direction of said Board of direc-
corporation shall be vested in a board of seven directors,
which number maybe increased to nine by the stockholders,
at their annual meetings, from and after the first election of
directors after the passage of this act, which shall be on the
first "Wednesday of May hereafter, or by the board of direc-
tors, at any regular meeting, who shall execute the powers
herein granted, appoint all necessary subordinate officers
and servants, and have the general management and super-
vision of the affairs and business of said corporation. The
board of directors shall be chosen annually, by the stock-
holders, from among themselves, at such time as above sta-
ted and place, and in such manner as the by-laws of said,
corporation may prescribe. At all meetings of the stock-
holders, each of them shall have one vote, in person or by
lawful proxy, for each share of stock hona fide owned by
him, her or they, at the time of and for ten days previous
to such meeting. The directors may fill any vacancies in vacancies in the
their board, until the next election ; and a failure to elect ''°"*^'
directors, at any time required, shall not effect a dissolution
of the corporation, but the directors for the time being shall
serve until their successors are elected and take their places.
The president and other directors of the Warsaw and Rock-
ford Railroad Company shall continue to hold and exercise
244: EAILROADS.
their respective offices until an election shall be held under
the provisions of this act. *
Loans. § 6. For the purpose of facilitating the construction of
the said road, herein authorized, the said corporation is and
shall be permitted to borrow such sum or sums of money as
may be necessary for the completing and operating of said
road, and to issue and dispose of its lands, upon such terms
and conditions as may be deemed expedient, for the speedy
completion of said road ; and may secure the payment of
its bonds, which shall not exceed the sum of five millions of
dollars, by mortgage or deed of trust upon the said road, or
any part thereof, and upon any and all of the property, ef-
fects, rights, franchises and income of said corporation.
Crossings. | 7. Whenever it shall be necessary, in the construction
of said railroad, for the same to intersect or cross any stream
of water, railroad, public road or highway, the said corpo-
ration may construct across or upon the same, in such man-
ner as shall not materially impair the usefulness thereof.
Right of way § §• Towns, cities and counties, within which said road
through streets may be locatcd, are severally authorized to grant, through
of towns. , , % 1 . , , •■'i , • . 1 • 1 i f>
their proper authority, to said corporation, the right oi way
upon and through any of their streets, alleys, roads, public
grounds and landings and the privileges of filling out levees
and landings, and the erection of proper depots and build-
ings on any of the same.
§ 9. Nothing in this act contained shall be so construed
as to vest in said corporation any banking privileges or any
power under which the same may be exercised.
Acceptance of § 10. If the board of directors of the Warsaw and Rock-
compS'.^^ ^^^ ^^^^ Eailroad Company, or a majority of them, shall, by an
order, entered upon the records of said company, accept the
provisions of this act, within six months from the passage
thereof, such acceptance shall have the efiect to transfer to
and vest in the corporation by this act created, all the prop-
erty and effects, books, papers, assets and credits of the said
named company, and all rights and actions then belonging
to or accruing in favor of said company ; and also to sub-
ject the said corporation hereby created to all actions, rights
and liabilities, then existing against said named company.
§ 11. This act shall take efiect from and after its pas-
sage, and be deemed a public act, and be liberally construed
in all courts and places whatsoever.
Approved February 21, 1863.
KAILKOADS.
245
AN ACT in aid of the St. Louis, Jacksonville andChicaj^o Railroad Company. In foroe February
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assemhlij^ That, where-
as the Jacksonville, Alton and St. Louis Railroad Company
and the Tonica and Petersburg Railroad Company have, by
articles of consolidation, and a lai'ge majority" vote of the
stockholders of each of said companies, consolidated and
united their property and stock, under the name and style
of the " St. Louis, Jacksonville and Chicago Railroad Com- corporate name.
pany," under and by virtue of the general law of this
State, authorizing the consolidation of railroad companies,
&c., approved February 28th, a. d., 1854:, vrliich said arti-
cles of consolidation, and all the proceedings with respect to
the adoption and ratification of the same by the directors
and stockholders of the respective constituent companies
aforesaid, and to the election of the first board of directors
of the said consolidated company, are hereby declared legal
and valid : ]^ow, therefore, the said consolidated company,
under the name of the " St. Louis, Jacksonville and Chicago corporate pow
Railroad Company," shall enjoy, possess and exercise all "^'
the privileges, immunities and franchises which were pos-
sessed, enjoyed or granted by or to either and both of the
constituent companies aforesaid. And all notes, bonds, con-
tracts, agreements and promises, of every kind, made with
either of the aforesaid late railroad companies, or their duly
authorized agents, shall inure to the benefit of the said con-
solidated railroad company : Provided^ that all subscribers stock in old com-
who have subscribed to the capital stock of either of the pa^y.
aforesaid late railroad companies shall be deemed stock-
holders in the said new consolidated railroad company, to
the extent and in proportion to the amount so subscribed,
and shall be entitled to all the rights and subject to all the
liabilities thereof, as provided in the articles of consolidation
aforesaid.
§ 2. That full authority is hereby given to the corporate Exchange of old
authorities of the several counties, townships, cities, villages ®'°*^^'
or other municipal corporations, owning or holding stock in
either of the said late Jacksonville, Alton and St. Louis, and
Tonica and Petersburg railroad companies, and to all per-
sons holding the same in any fiduciary capacity, or other-
wise, to transfer, assign or surrender the same, and to ac-
cept and receive from the said consolidated company such
portion of the new stock as may be apportioned to the stock
so owned and held.
§ 3. The said new consolidated company shall have ^(."^Qneafons*"^
power to extend and construct to and unite its railroad with
any other railroad, now constructed or which may hereafter
be constructed in this State, and shall, also, have power to
build, construct and maintain its said railroad, from Jack-
sonville, north, to the city of Chicago, via Ottawa, or other-
246 RAILROADS.
wise, witli a branch road to any point on the Illinois river,
south of the city of Peru ; and, for the purposes aforesaid,
shall possess and exercise all the privileges, immunities and
franchises, and shall enjoy over and along the line or lines
of railroad so to be built and extended, as aforesaid, the
same privileges, immunities, franchises and rights, which
were granted to the said late Jacksonville, Alton and St.
Louis, and Tonica and Petersburg railroad companies, by
their respective charters and the several amendments there-
to,
f'ojistruction of g 4. ^he board of directors of the said consolidated
sions. railroad company shall have power and authority to pro-
vide, in their by-laws, if in their discretion they shall think
proper to do so, for the construction of said railroad, by di-
visions; but all subscriptions heretofore made to either of
the said late railroad companies may be appropriated and
expended in such manner and at such places on the line
or lines of road as the board of directors of the said consoli-
dated railroad company may determine, and all real, mixed
or personal property, bonds, notes, contracts or choses in
action, owned or possessed by either of the aforesaid late
railroad companies, to wit : the Jacksonville, Alton and St.
Louis, and Tonica and Petersburg railroad companies, shall,
according to the articles of said consolidation, be vested in
the new consolidated company, with full power to its board
of directors and duly authorized agents to sell, lease, trans-
fer or convey, by mortgage or deed of trust, or otherwise,
as may be deemed for the interest of said company, any
'^o?pfoperty.^^^^ P^^^ ^^ ^^^ *^^' ^^^^ railroad property ; and all such sales,
transfers, conveyances, mortgages or deeds of trust shall be
binding and valid and of full etiect in law and equity. And
the directors may in their discretion incorporate a condition
in the mortgage bonds which they are authorized to issue by
which the holder or holders of such bonds shall have the
right to vote at all elections of directors for said company
upon such conditions as may be deemed expedient by said
directors.
Amount of capi- § 5^ The Said new consolidated company may increase
its capital stock to any amount necessary to complete and
equip said road, not exceeding the amount necessary there-
for ; and books of subscription for said stock shall be opened
at the treasurer's oftice, in the town of Jacksonville, or else-
where, as may be directed by the board of directors ; which
new subscription shall be under the same rules, restrictions
and penalties as provided for in the charters and amend-
ments of the aforesaid late railroad companies.
Secretary's certi- § 6. The certillcate of the Secretary of the said new con-
zltioa.^ organi- gQ^j^jal-g^ compauy, uudcr the corporate seal thereof, shall
be received in ail courts of justice and elsewhere as evidence
of the regular organization of said consolidated company,
imder its consolidated charter, and of any act or order
KAILEOADS. 24:7
of the board of directors of said company ; and all the acts
and doings of the said constituent companies and of the
said consolidated company, in the consolidation and organi-
zation of the St, Louis, Jacksonville and Chicago Railroad
Company, are hereby declared to be good and valid ; and
all the rights, privileges and immunities and franchises of
each of the said late Jacksonville, Alton and St, Louis, and
Tonica and Petersburg Railroad Companies, as possessed,
enjoyed or granted by or to them, are hereby declared to bo
lawfully vested in and owned by the said new consolidated
company, under the name of the St. Louis, Jacksonville and
Chicago Railroad Company.
§ 7. That in case the said new consolidated company Provisions meaae
shall, hereafter, make and execute any deed or deeds of sa'ies"^"'^'^*^*
trust, mortgage or mortgages or other convej^ances of all or
any part of their said railroad, and the same should there-
after be foreclosed and sold by any proceedings in law or
equity or in pursuance of a power or powers in such mort-
gage or mortgages, deed or deeds of trust contained, or by
the joint exercise of the said authorities, the purchaser or
purchasers of the same, or their survivors or survivor, or
they or he and his associates, or their or his assigns, may
form a corporation, by filing in the office of the Secretary of
State, under their or his signatures, a certificate, specifying
the name of such corporation, the number of directors, the
names of the first directors, and the period of their services,
not exceeding two years, the amount of original capital, and
the number of shares into which such capital is to be di-
vided; and, thereupon, the person or persons who shall
have signed such certificate shall be a body politic and cor-
porate, by the name stated in such certificate ; and a copy
of such certificate, attested by the signature of the Secre-
tary of State, or his deputy, shall, in all courts and places,
be evidence of the due formation and existence of the said
corporation and of the facts in the said certificate stated ;
and the corporation, in pursuance thereof, shall have and
enjoy all the rights, privileges, immunities and franchises
f ranted to or belonging to said new consolidated St. Louis,
acksonville and Chicago Railroad Company.
§ 8, That the St. Louis, Jacksonville and Chicago Rail- construction of
road Company may, at any time hereafter, in its discretion, '>''*"<=^'^*ii^oa<i»
build such part or portion of the railroad which it is now
authorized to construct, and those parts or portions only,
which its directors shall think most expedient for the inter-
ests of said company, and shall have power to extend its
main line, and to build a branch or branches from such main
line to any other railroad or railroads with which it may be
able to make a connection, so as with such other railroad or
railroads to form a continuous line ; and, in respect to such
extension and branches, shall have all the powers, rights
248 KAILEOADS.
and privileges it now has in regard to its main line or any
part thereof.
Approved February 13, 1863.
In force February AN ACT to incorporate the Fulton Railroad Company.
21, 1863.
Section 1. Be it enacted hy the People of the State of
Illinois^ rejoreseiited in the General Assembly^ That James
McCoy, Henry C. Fellows, Leander Smith, Irving G.
Gates, E". W. Hubbard, W. C. Snyder, and John Phelps,
their successors and assigns, are hereby constituted a body
Corporate name Corporate and politic, by the name and style of " The Ful-
and powers. tou Railroad Company," and by that name shall have suc-
cession for the term of ninety years, from and after the pas-
sage of this act ; and may, by that name, contract and be
contracted with, sue and be sued, plead and be impleaded,
in any court of law or equity ; may have and use a com-
mon seal, and alter the same at pleasure ; may make by-
laws, rules and regulations, for the management of its prop-
erty, the regulation of its affairs, and for the transfer of its
stock, not inconsistent with the laws and constitution of this
State or of the United States ; and may, moreover, appoint
such subordinate agents, officers and servants as the busi-
ness of the said corporation may require, and allow them a
suitable compensation, prescribe their duties, and require
bond for the faithful performance thereof, in such penal
sums, and with such securities as they may choose, who
shall hold their offices during the pleasure of a majority of
the directors of the said corporation.
Route of the § 2. The Said corporation shall have the right to sur-
road. ygy^ locate and construct, and, during its continuance, to
maintain and continue a railroad, with single or double
track, and with such appendages as may be deemed neces-
sary for the convenient use of the same, from the city of
Fulton, in Whiteside county, and State of Illinois, to the
city of Rock Island, in Rock Island county, and State of
Illinois, with lateral lines to the coal fields in said counties ;
and to locate and construct the same, on such line, course
or way, as may be designated and selected by the directors
of Sfid corporation whereon to construct and locate the
same ; and may, also, prescribe the manner in which said
railroad shall be used, by what power the carriages to be
used thereon may be propelled, to regulate the time and
manner in which goods, effects and passengers may be
transported and carried on the same, and the rates of toll
on the transportation of persons and property thereon.
RAILROADS. 249
§ 3. The capital stock of said corporation shall be nine capital stock.
hundred thousand dollars ; shall be deemed personal prop-
erty, and divided into shares of one hundred dollars each ;
be subscribed for and taken under the direction of the direct-
ors of said corporation and hereinafter named commission-
ers ; books to be opened for that purpose, in such manner
as may be prescribed by the by-laws of said corporation, and
in pursuance with the provisions of the fourth section
hereof.
§ 4. The following named persons, to-wit: James commissionera
McCoy, Leauder Smith, Irving G. Gates, N. W. Hub- ^°'- ^"''^^"p''''--
bard and John Phelps, of Whiteside county. State of Illi-
nois, shall be commissioners for receiving subscriptions to
the capital stock of said corporation, who shall, within
twelve months from the passage of this act, cause books to
be opened, at such times and places as they may deem
proper, for receiving subscriptions to said capital stock.
J>j^otice of the time and places when and where the books
will be opened to be given by publication, for at least thirty
days, previous to opening the same, in some weekly news-
paper published in the county of Whiteside. On opening
said books, said commissioners shall attend, by themselves
or agents, and continue to receive subscriptions to the capi-
tal stock of said corporation, from all persons who will sub-
scribe thereto, until tifty thousand dollars thereof shall have
been subscribed. Each subscriber shall, at the time of sub-
scribing, pay to the commissioners or directors the sum of
five dollars on each share of the stock subscribed for by him ;
and the said commissioners shall, so soon as the directors of
said corporation are elected, deliver to them the whole
amount so received, and also all subscription books and
papers belonging to said company. A majority of said
commissioners may fill any vacancies that may occur in
their number, by death, resignation or otherwise.
§ 5. The atiairs of said corporation shall be managed Board of direc-
by a board of seven directors, to be chosen annually, after
the first election, by the stockholders, from among them-
selves. The first election for directors shall be holden, as
soon as may be, after the said fifty thousand dollar stock
shall have been subscribed. The commissioners shall give
notice of the time and place at which a meeting of the stock-
holders will be held for the choice of directors. And at the
time and place appointed for that purpose, the commissioners,
or a majority of them, shall attend, and act as inspecters of
said election. The stockholders who shall be present, shall
proceed, by ballot, to elect their directors ; and the com-
missioners present shall certify the result of such election, ;
under their hands ; which certificate shall be recorded in
the books of the corporation, and shall be sufiicient evidence
of the election of the directors therein named. All future
elections shall be held at the times and in the manner pre-
—19
250
EAILKOADS.
Elections.
Officers
board.
of the
Secretai-y.
Treasurer's
bond.
Qualifications
stockholders.
Payment of sub-
scriptions.
scribed by the by-laws and regulations of said corporation.
Each stockholder shall be entitled to vote, in person, one vote
for ev^ery share he may own at the commencement of each
election ; and a plurality of votes may determine the choice ;
but no stockholder shall be allowed to vote at any election,
after the first, for any stock which shall have been assigned
to him within thirty days previous to holding such election.
§ 6. At the first meeting of said directors, after their
said election, they shall elect, by ballot, from their own
number, a president, vice-president and treasurer. The
president shall preside at all meetings of said directors, it
present; and, when absent, the vice-president shall preside.
And a majority of said directors shall constitute a quorum
for the transaction of business. Said board of directors
shall have power to fill all vacancies in said board.
§ T. The directors shall employ a suitable person to act
as secretary, to keep a correct and full account of all its
afi'airs, which shall, at all times, be subject to the inspection
of any stockholder ; and shall employ such other clerks,
managers and agents as they may deem essential to the
good of said company.
§ 8. The treasurer, before entrusted with the funds of
said company, shall give bond, with security, to the satis-
faction of said board of directors, conditioned for the safe
keeping of all moneys, subject to the order of said board,
and for the faithful performance of his duties.
§ 9. No person shall become a stockholder in this com-
pany, by subscription, unless he shall be worth, in money
or property, or both, the amount of money by him, her or
them subscribed, at the date of such subscription, over and
above all his, her or their indebtedness and rights secured
to them under any exemption laws of the State of Illinois,
or of such State or territory in which said subscriber may
reside at date of said subscription ; and all sums subscribed
to the capital stock of said company, not coming within the
foregoing provisions, in this section contained, shall be
deemed void, at the election of said directoi'S.
§ 10. No stockholder shall be entitled to vote at any
election for the ofiicers of said company, unless he shall
first have paid all calls of stock made upon him by the
board of directors of said company, if the time has elapsed
for the payment thereof after said call.
§ 11. It shall be lawful tor the directors to require pay-
ment of the subscriptions to the capital stock, at such times
and in such proportions, and on such conditions as they
shall deem proper, under the penalty of the forfeiture of
the stock and all previous payments thereon ; and they shall
give notice of the payments thus required, and of the place
where and the time when the same are required to be paid,
at least thirty days previous to the time of requiring pay-
KAILROADS. 251
ments, by publication in such newspaper and for such time
as said directors shall direct.
§ 12. The said corporation is hereby empowered to pur- purchase or real
chase, receive and hold such real estate as may be necessary teHng^°upo"n
and convenient in accomplishing the objects for which this 'a"*^^,
corporation is granted, and may, by their agents, engineers
and surveyors, enter upon and take possession of and use
all such lands and real estate as may be necessary and
indispensable for the construction and maintenance of said
railroad and appendages and accommodations requisite and
appertaining thereto, and may, also, receive, take and hold,^
all such voluntary grants and donations of lands and real
estate as shall be made to the corporation, for the purposes^
aforesaid ; but whenever any lands, real estate or materials
shall be taken and appropriated by said corporation, for the
location or construction of said railroad or its appendages,
or any work appertaining thereto, and the same may not.
be given or granted to said corporation, or the proprietor or
proprietors do not agree with said corporation as to the-
amount of damages or compensation which ought to. be-
allowed and paid therefor, or shall not mutually agree on
some person or persons to appraise the same,^ damages shall
be estimated and assessed in manner following, to-wit r the
said corporation, or the owner or owners of said lands may^
on giving notice of their intended application, and the time
and place of making the same, apply, by petition, to the
judge of the circuit court of the county in which said lands
may lie ; or in the absence of the said judge from said
county, then to the county judge, particularly describing in
said petition the lands to be appraised ; and upon proof
that reasonable notice has been given, as directed, the said
circuit judge, or, in his absence^ then the county judge,
shall, upon hearing the petition, appoint three disinterested
freeholders, residents of the county in which said lands may
be situated, as commissioners, for the purpose of assessing
such damages, and the order in which they are appointed Modeof apprais-
shall specify the lands proposed to be appropriated and menT'^of^^dlm-
occupied by the corporation, for the purposes aforesaid, ^e^s.
The said appraisers, after being duly and legally sworn, by
some officer legally authorized to administer oaths, honestly
and impartially to assess such damages, shall proceed, by
viewing said lands, and by such other evidence as the par-
ties may produce before them, to ascertain and assess the
damages which each owner shall sustain by the appropria-
tion of his lands for the purposes aforesaid. The said Report of ap.
appraisers shall make a report, in writing, to said judge of p'"*^^^''^-
the circuit or county court, as the case may be, reciting the
order of their appointments, and specifying the several par-
cels of lands described thereiu, the names of the owner or
owners of the respective parcels of land, if known — if not
known, stating that fact, and specifying, also, the damages
252 KAILEOADS.
which the owner of the respective parcels will sustain by
reason of the appropriation of the same for the purpose
aforesaid ; which said report shall be filed in the oflice of
the clerk of the circuit or county court, as the case may be,
in which said lands may lie. Should either party be dis-
satisfied with said assessmenrs, the said judge may, at the
next term of the circuit or county court, as the case may
be, on hearing the parties in interest, or, if both do not
Deciaion of court, appear, ou proof of notice being given to the opposite
party, modify the said assessments, as to him shall appear
just. At the said term of the court, as aforesaid, holden
next after the filing of said report, as aforesaid, a record
shall be made of the report, with the order of the said court
thereon, accepting or modifying the same. On the pay-
ment of damages, if any, thus assessed, and the expenses
of assessment, the corporation shall immediately become
seized and possessed of the said lands and property, and
entitled to the use of the same for the purposes aforesaid.
Proceedings in § 13. When tlic lauds Or any other property or estate of
ors%arriedwo- auy married woman, infant, or person non compos mentis,
men, etc. shall bc ucccssary for the construction of the said railroad, or
its appendages, the husband of such married woman, or
the guardian of such infant or verson non co7npos mentis,
may release all damages in relation to the land, property or
estate to be taken and appropriated, as aforesaid, as fully as
they might do if the same were holden in their own right,
respectively; or the husband or guardian of any such person
whose property shall be taken, as aforesaid, may appear and
act for and in their behalf in obtaining an assessment of the
damages to the same, under this act ; and in case such infant
or person non coTnpos mentis, whose property may be taken,
as afoi'esaid, shall be without guardian, the judge of the
circuit or county court, as the case may be, shall have power
to appoint a guardian ad litem, to act in behalf of such
person.
Crossings. § 14. Whenever it shall become necessary, under this
act of incorporation, for the construction of a single or
double track railroad, or lateral lines therefrom, as therein
authorized, to intersect or cross any stream of water, public
road, highway, or any other railroad, it shall be lawful for
such corporation to construct or cross the same : Provided,
that said corporation shall restore such stream, water-course,
road, highway or railroad to its former state, or in such
manner as not to materially impair its usefulness.
Connections. § 15. At any time after the first election of directors of
said company, said railroad company may connect its road
■with the railroad of any other railroad company in the State
of Illinois, on such terms as said company may agree upon ;
and said company may consolidate its road and franchise
with any other railroad in said State, on such terras as
aforesaid; notice of which consolidation, if any, shall be in
KAILKOADS.
25S
writing, and filed in the office of the Secretary of the State
of Illinois.
§ 16. As soon as may be, after the first election of said opening books
T " ,, 1 11 11 1-1 • ,• ji of subscription.
directors, they shall open books oi subscription to the cap-
ital stock of said company, at such time and place as they
shall deem necessary ; and shall keep the said books open
until the whole of said capital stock shall be subscribed, at
which time said books shall be closed.
§ 17. If any person or persons shall willfully or negli- injury to road.
gently do, or cause to be done, any act or acts whatever,
whereby the said road, or any part thereof, or any building,
construction or work of said corporation, or any engine,
machine or structm*e, or any matter or thing appertaining to
the same, shall be stopped, obstructed, weakened, or im-
paired, injured or destroyed, the person or persons so offend-
ing shall forfeit and pay to said corporation treble the
amount of the damages sustained by reason of such offense,
to be recovered, with costs of suit, in the name of said cor-
poration, by action of debt ; and such offender or offenders
shall, also, be deemed guilty of a misdemeanor, and be sub-
ject to indictment, and punished as in other cases.
§18. For the purpose of facilitatinsi; the construction of Borrowing of
• 1 -1 1 111 1 • 1-1 • • money.
said railroad authorized by this act, the said corporation is,
and shall be permitted to negotiate a loan, or loans of money,
to the amount of its capital stock, and to pledge all of its
property, real and personal, and all its rights, credits and
franchises, for the payment thereof, and for that purpose
may execute bonds and mortgages, signed by the president
and countersigned by the secretary thereof.
§ 19. It shall be the duty of the corporation hereby
created, when the railroad contemplated by this act shall
have been completed, to keep and maintain the same in good
condition and repair ; and whenever, from any cause what-
soever, the same shall become injured or out of repair, the
said corporation shall immediately proceed to repair the
same.
§ 20. This act shall be deemed and considered a public
act, and shall be favorably construed for all purposes herein
expressed, in all courts and places whatsoever.
§ 21. The provisions of this act shall be subject to this Time of compie-
condition, namely, that the railroad herein contemplated *'°° °' '■°^'^'
shall be completed and finished within fifteen years from the
passage hereof.
Approved February 21, 1863.
264 RAILROADS.
In force February AN ACT to facilitate and authenticate the formation of a corporation by the
' purchasers or future owners of the Racine aud Mississippi Railroad.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly, In case the
railroad of the Eacine and Mississippi Railroad Company,
oceedings in Or anj part of the said railroad, lying within this State,
case^of sale of q^^XI be sold by virtue of any mortgage or mortgages, deed
or deeds of trust, either by foreclosure or other proceedings
in law or equity, or by advertisement, in pursuance of a
power or authority in any such mortgage or deed of trust
contained, or in case the title to said railroad shall pass from
the present owners, in any manner whatever, then the pur-
chaser or purchasers, or the future owner or owners, his or
their associates, successors or assigns, if desiring to form a
corporation, under or by virtue of the laws of this State or
of the State of Wisconsin, or of both of said States, may file
in the oifice of the Secretary of State of this State a certifi-
cate, specifying the name of said corporation, the number
of the directors, and the names of the directors for the first
year, as designated in the said certificate, or as directed by
the said purchaser or purchasers, owner or owners, their
successors or assigns ; which certificate shall be signed by
the said purchaser or purchasers, owner or owners, or the
survivor of them, or their or his successors or assigns; and
upon the filing of any such certificate, the persons who shall
have signed the same shall be a body politic and corporate,
by the name stated in such certificate ; and the said corpora-
tion shall possess all the privileges, powers, authorities and
capacities acquired by the said purchaser or purchasers,
owner or owners, or possessed by the said Eacine and Mis-
sissippi Eailroad Company, by virtue of any law of this
State or of the State of Wisconsin,
Consolidation of § 2. Said uew Corporation, when so organized, shall have
full power to consolidate their capital stock with that of the
Northern Illinois Eailroad Company or that of the Eacine
and Mississippi Eailroad Company, in Wisconsin, or its suc-
cessors, or both, and also with that of any other connecting
railroad, and thereby to form a new company, which con-
solidated company may take any name it may agree upon,
and shall have all of the powers of each of the consolidated
companies. The articles of consolidation shall be [signed]
by the parties interested, shall specify the names of the direc-
tors for the first year, and the number of the directors, and
the name of the corporation, and shall be filed in the oflice
of the Secretary of State- of this State ; and, upon the filing
of such articles of consolidation, the parties interested shall
be a body politic and corporate, by the name stated in such
articles of consolidation, and shall possess all the privileges,
powers, authorities and capacities possessed by each and all
of said companies before such consolidation.
KAILR0AD8. 256
§ 3. The Northern Illinois Railroad Company is hereby Northern uunois
authorized to enter into any such consolidation as is men- ^"''^ '
tioned in the preceding section, upon a vote of a majority of
its board of directors.
§ 4, Any corporation, incorporated by virtue 6f this act, Shares of stock,
may decide how many shares of stock shall represent its
capital stock, and the amount of each share, and may issue
preferred stock, or special stock, or otherwise divide its stock
into classes.
§ 5, Any such corporation shall have full power tomort- Mortgages,
gage, lease or pledge its said road, or any portion of the
same, and any other estate, real, personal or mixed, of which
it may be seized at the time of, or which it may acquire
after the execution of such mortgage, deed of trust, or other
instrument in writing, to secure any bonds or indebtedness
or evidence of indebtedness of such corporation, or to pay
for the whole or any part of the purchase money or cost of
the road, or any of the indebtedness of the original corpora-
tion, which it may agree to assume.
§ 6. Any such corporation is hereby authorized and fully Borrowing of
empowered, in its corporate capacity, to borrow any sum or ™°°^y-
sums of money, from any person or persons, corporation or
body politic, of any kind, and for any rate of interest which
may be agreed upon by and between such company and the
party from whom such money may be obtained, and to make,
execute and deliver, in or out of this State, all necessary
writings, notes, bonds, bills, mortgages, deeds of trust, and
all other papers or securities, in amount or kind, as may be
deemed expedient by said corporation, in consideration of
any such loan or in discharge of any liability they may incur
in the purchase, construction, repair, equipment or operation
of said road, or in any of the transactions of said company.
And said company is hereby authorized, in its corporate
capacity, to make, execute, issue and deliver its bonds or ob-
ligations, in such amounts as the dii-ectors of said company
shall deem for the best interests of said company ; and the issue of bonds,
directors of said company shall prescribe the sum or sums
for which each of said bonds shall be issued, and the time
or times and place or places when and where the principal
and mterest of the same shall be payable, the rate of inter-
est which said bonds shall bear, and the mrnner aind form in
which the same and the interest coupons annexed to the
same shall be executed. And to secure the payment of any
and all of said bonds, the said company is hereby authorized
and empowered, in its corporate capacity, to make, execute
and deliver a mortgage or mortgages or deed or deeds of
trust upon the whole or any part of said railroad, con-
structed or not constructed, and authorized to be purchased
by this act, and upon any other and all of its estate, real,
personal or mixed, in possession or expectancy. And the Mortgages and
said company is hereby authorized and empowered, in and deeds of trust.
256 KAILEOADS.
by such mortgage or deed of trust, to confer upon the mort-
gagee or trustee full and ample power to enter into and upon
and take possession of, have, use and enjoy, or sell and dis-
pose of the whole or any part of said railroad or estate, real,
personal or mixed, together with the functions pertaining to
said railroad, and all other corporate and other franchises,
rights and privileges of the said railroad company; to take
up and remove any of the track or fixtures belonging to said
railroad. And the directors of said company shall prescribe
all matters relating to the form and terms of said mortgage
or deeds of trust, and the manner and mode for the execu-
tion of the same, and may provide for the payment of the
principal and interest secured to be paid by such bonds,
either by the creation of a sinking fund out of the earnings
of said railroad company, or in any other manner that they
may deem best for the interest of said company ; and said
company may, by its agents, in or out of the State, sell, dis-
pose of or hypothecate such bonds, when so issued as afore-
said, at par or at any other price, greater or less than par, or
for such sum or sums as they may think proper.
Choosing of di- g 7. Any sucli corporatiou may direct how the board of
directors shall be chosen, and that they may be chosen either
by the bondholders or by the stockholders, or by both, in
such manner as the corporation may direct.
Meetings of di- g g. It may be lawful for the meetings of the bond-
holders, stockholders, directors or officers of ?.ny such cor-
poration, to be held within or without this State, at such
time and place or places, as the by-laws of said company or
the board of directors may, from time to time, appoint.
§ 9. This act shall be a public act, and shall be in force
from and after its passage.
Appkoved February 21, 1863.
rectorg.
rectors, etc.
In force January AN ACT to incorporate' the Evansville and St. Louis Railroad Company.
7, 1863.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assemhly, That Edwin
Beecher, R. T. Foarth, Charles Wood, N. P. Branch, Ed-
ward Bonham, F. George, J. J. K. Turney, Thomas Cooper,
S. J. E,. Wilson, Daniel Wingate, Peter Prunty, Simon
Johnson, John Trousdale, George Weed, William Gray,
John Keen and Harris Woodward, and their associates and
Corporate name, assigus, are hereby created a body corporate and politic, under
the name and style of the " Evansville and St. Louis Rail-
road Company," with perpetual succession, with all the
powers and privileges heretofore granted, necessary and in-
cident to corporations created for similar purposes.
EAILEOADS — SCHOOL DISTRICTS. 257
§ 2. Said company is hereby authorized and empowered Location and
to locate, complete, construct and to maintain, equip and ''°'***'
operate a raih'oad, with a single or double track, and with
such appurtenances as may be deemed necessary by the di-
rectors for the convenient use of the same, from Grayville,
in White count}'-, by the way of Fairfield, in Wayne county,
and by the most eligible route, to Saint Louis, Missouri ;
and, for this purpose, to enter upon and take a strip of land,
one hundred feet wide, the entire length of said road, and
to survey and determine the line of said road upon such
route.
§ 3. The persons named in the first section of this act subscriptions.
are hereby appointed commissioners, who, or a majority of
whom, may open books for subscription to the capital stock
of said company, giving notice of the times and places
when and where said books will be opened, at least thirty
days previous thereto, by publication in one newspaper, pub-
lished in the counties of White and Wayne, and in the city
of Saint Louis. The said commissioners, or a majority of
them, shall attend at the places appointed, and receive sub-
scriptions to the capital stock of said company, until the
sura of one hundred thousand dollars shall have been sub-
scribed ; when said commissioners shall give twenty days'
notice, in a newspaper pubhshed in each of said places, of an
election, by the stockholders, of a board of directors. The Election of di-
• • • ' n ii 1T1 • rectors.
commissioners, or a majority oi them, shall act as inspectors
of said election. The stockholders present shall proceed to
elect seven directors, by ballot. The directors, so elected,
shall hold oflice for one year, and until their successors are
elected and qualified.
§ 4. The capital stock of said company shall be one mil- capital stock.
lion of dollars, divided into shares of one hundred dollars
each. At all elections for directors, each stockholder shall
be entitled to one vote for each share of stock held by him.
The directors shall hold their ofiices for one year, and until
their successors are elected and qualified, and shall elect one
of their number as president of said board.
§ 5. This act shall be in force from and after its passage,
and shall be deemed and taken as a public act.
Approved January 7, 1863.
AN ACT to legalize the assessment of school directors of school district No. ^ *^S r^'^Qfis"**^
two, in McHenry township, in McHenry county, Illinois. '
Whereas the school directors of district 'No. two, in Mc-
Henry township, in McHenry county. State of Illinois,
did levy a tax, according to law, of two dollars on each
258 SCHOOL DISTRICTS.
one hundred dollars of all the taxable property in said
district, for the purpose of paying the indebtedness of
said district, as is by law required ; and whereas, by mis-
take, the proper return was not made to the county clerk,
and consequently, no school tax was entered on the col-
lector's book for said district; and whereas said directors
did, ©n the nineteenth day of December, a. d. 1862, levy
a tax of two dollars on each one hundred dollars of all
the taxable property in said district, to supply said defi-
ciency; therefore.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That the as-
sessment and levy of a tax made by the directors of school
district No, two, in McHenry township, McHenry county,
Illinois, on the nineteenth day of December, a. d. 1862, of
two dollars on each one hundred dollars of all taxable prop-
erty in said district, for school purposes, be and the same is
hereby made and declared valid in law; and the county clerk
of said McHenry county is hereby authorized and required to
extend the same, immediately, on the collector's book for the
said McIIenry township, to be collected and paid over the
same as though no error had been made by said directors,
§ 2. This act shall take effect and be in force from and
after its passage,
Appkoved January lY, 1863.
In force February AN ACT to amend an act entitled "An act to establish the Lincoln School
31, 1863. District, in Logan county," approved February 24th, 1859.
Whereas the inhabitants of the extreme eastern portion of
the Lincoln school district, in Logan county, as established
by an act of the General Assembly, approved February
24th, 1859, in consequence of the distance of the school
houses located in said district, and their inaccessibility
during certain portions of the year, by reason ol the im-
passable condition of the roads, are, in a great measure,
deprived of the advantages enjoyed by tlie inhabitants of
the remainder of said school district ; therefore,
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly, That sections
Portion of diatriot tweuty-five, (25,) and twenty-six, (26,) and thirty -five, (35,)
**"*'■ and thirty-six, (36,) in township twenty, (20,) north, of
range two (2,) west, being the four easternmost sections of
said Lincoln school district, be and the same are hereby cut
off and set apart therefrom; and the territory so cut off is
hereby remanded to the jurisdiction of the trustees of schools
SCHOOL DISTRICTS. 259
of the remainder of township twenty (20) north, of range
two (2) west,
§ 3. This act shall be in effect from and after its passage.
Approved February 21, 1863.
AN ACT to amend an act entitled "An act to establish Pittsfield School ^°%°«f|*'J"*'y
District, in the county of Pike ; to provide for building a School House '
therein ; to levy and collect a special tax; to issue bonds and borrow mo-
ney," approved February 18th, 1861.
Section 1. Be it enacted hy the People of the State of
Illinois, represented ifi the General Assembly, That the school ^5^0^*^°^ ^'^^"^^
directors of said school district be and are hereby empow-
ered, when in their discretion they may find it expedient or
necessary, to erect one or more school houses, in addition to
that named in the original bill, to which this is an amend-
ment, to purchase and hold real estate therefor, and to pro-
vide means for the education of children therein, in the same
manner as authorized to do by the former law, in the build-
ings therein named, and for such time in each year as they
may direct ; and may raise funds for the purpose aforesaid, by
taxation, to a like amount and in the same manner as provi-
ded in section 3 of the original act, as to said district.
§ 2. That said directors may use and exercise their own Length of school
discretion, as to the period for which and the time when **'"°^-
schools shall be kept in the several school houses, now built
or hereafter to be built in said district, and may make all
rules and regulations for the government of said schools and
the control of teachers and pupils, as are not inconsistent with
the existing school laws of the State of Illinois.
§ 3. That said school directors, in the event of any re- Fining vacancies
signation of a director, or death or absence of one or more °^ •^^''ec'or*-
of said directors, for such time as seriously to interfere with
the business of said school district, may call an election to
fill the place of such director or directors, who may have
resigned, died or remained absent as aforesaid ; and said di-
rectors remaining in ofiice may call said election, upon ten
days' notice, to be held at some central and convenient place
in said district ; and said election shall be held and conduct-
ed as provided by the law to which this is an amendment.
§ 4. That all school funds, when collected for said dis- ^^^^l^^^ '*^°°!
trict, shall, by each and every collector thereof, or other
person receiving the same, be paid to the treasurer of said
school district ; and all money from the sale of bonds, shall
be paid over to the treasurer of said district.
§ 5. That said directors may, in their discretion, enlarge Enlargement of
said school district, and annex thereto any contiguous terri- ^ "'^ "
tory, upon the petition, in writing, of the owner or owners
260 SCHOOL DISTRICTS.
of the land prayed to be annexed thereto ; and all the pro-
visions of laws, as to the original district, shall apply to each
enlargement of said district.
Share of State § 6. That Said school di&trict now is and shall be here-
funds. after entitled to draw from the school funds, to be distribu-
ted to each of the townships out of which said Pittsfield
school district is, or may be formed, a distributive share of
the State funds, for school purposes, according to the same
rule of distribution now existing or hereafter to be provided
by State laws as to other school districts.
Tax to purchase § 7. That Said dircctors are empowered to raise, by tax-
apparatus, ete. g^^-^Q^^ fuuds, to furnisli Rchool houses, to provide apparatus,
maps and charts, for philosophical and educational purposes,
and to buy a library for said district, pnd to make all rules
necessary, as to the same ; and they may accept and hold
all gifts, for like purposes, as aforesaid.
To borrow money g 8. That the dircctors, aforesaid, shall have power and
are hereby authorized, for the purpose of carrying out the
provisions of the original act and of this amended act, in order
to build said school house or houses, to borrow money, on the
credit of said district, as now existing or hereafter to be en-
larged, as provided in this act, not exceeding the sum of
twenty-five thousand dollars, at a rate of interest not ex-
ceeding ten per centum per annum, payable annually, and
may, therefor, execute bonds, with coupons, in such sums
as the directors may decide, not less than one hundred dol-
lars each ; which bonds shall be redeemable w^ithin twenty
years, and shall not be sold for less than the sum expressed
in said bonds, each and every of them,
i M„.™«.» .f § 9. That a treasurer of said school district shall be ap-
Appointment oip n • -i ^ ipt i in
treasurer. pointed by a votc of Said board oi directors, who shall, an-
nually, appoint said treasurer, after the election of each board
of directors ; and the term of ofiice of said treasurer shall
continue until his successor is elected and qualified, baid
Treasurer's bond, treasurer shall, after each appointment, execute a bond, with
two or more freeholders as securities, to be approved by said
directors, and their approval entered on their records ;
which bond shall be payable for the use of said district ; and
the conditions thereof shall be such as said directors may
prescribe, not inconsistent with this law.
Duties of treasu- § l^- I^ shall be the duty of said treasurer to receive and
«■". pay all money of said district on the order of said directors,
and to make a statement from books and accounts to be kept
by him, whenever by said directors requested; and he shall
be liable to all the penalties now imposed by law on town-
ship treasurers.
§ 11. So much of all laws heretofore passed, as to said
school district.; as are inconsistent or repugnant herewith, or
in conflict with these amendments, be and the same are
hereby repealed. This act to take effect from and after its
passage.
Appkoved February 21, 1863.
SUGAR MANUFACTURING COMPANY. 261
AN ACT to incorporate the Northwestern Chinese Sugar Manufacturing inforce February
Company. 12, 1863.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assemhly, That D. W. Corporators.
Hirech, A. H. Lazare, Henry Sullivan, John Wood and J.
H. Magehan, and their associates, successors and assigns, be
and they are hereby created, a body politic and corporate,
under the name and style of the '' ]5[orthwestern Chinese
Sugar Manufacturing Company," and under and by that
name they and their associates and successors shall have
succession, contract and be contracted with, sue and be sued,
in all the courts and places, as natural persons. They shall
have power to organize such company, by the appointment
of a president and such other ofhcers and servants as they
may deem necessary, at such time and place as they may
designate, by notice previously given by them ; and when
thus organized, they and their successors may have a com-
mon seal and alter the same at pleasure, and shall have pow-
er to make such by-laws, rules and regulations as they may
deem necessary from time to time for the government, man-
agement and prosecution of the business of said company,
not inconsistent with the constitution and laws of this State
and of the United States, or employ as many agents as they
may require and define the powers and prescribe the duties
of such agents.
§ 2. The said company shall have the right of acquiring, purchase of real
holding and transferring property, real and personal, of any ^*"*''^'
and every description, by the methods and ways usual with
individuals, and of erecting, at such places in this State as
they may desire, such buildings, manufacturing establish-
ments, machine shops, mills, and such other structures as
may be necessary for carrying on the manufacture of sugar
and molasses in this State, and shall have the right to acquire
and hold such lands as may be necessary for growing Chi-
nese sugar cane, sorghum, beet root, and all other products
of the soil not forbidden by law, that they may desire to
grow for the purpose of carrying on the business of the
company.
§ 3. The capital stock of said company maybe fixed CapUai stock.
and altered by said company, but shall not exceed five hun-
dred thousand dollars. The said capital stock may be divi-
ded into shares of one hundred dollars each, and sold and
transferred as may be provided in the by-laws; and the
holders of each share of one hundred dollars, shall have the
right to cast one vote at all elections held by the company
for the election of the president and other officers, or the
transacting of any business connected with the interest of
the company. Certificates of stock shall be issued to the
holders thereof, whenever the same shall be paid for, and
shall be considered and passed as real estate, and shall be
262 TOWNS.
transferable in the books of the company, in such manner
as shall be prescribed by the by-laws ; but no stock shall be
transferred by any person until all the debts and demands
of the company against such persons shall first have been
paid and discharged, and for all such debts and demands
the company shall have and hold a lien on the stock of each
person until the same are fully paid.
§ 4. It shall be lawful for the president and managers
of said company, at any time they may desire, to borrow or
obtain on loan, such sums of money, and on such terms, as
they may deem expedient, and to issue the bonds of the
company for the same, not however, to exceed in the whole
twenty-five thousand dollars at any one time.
§ 5. Said company shall have a central office in the city
of Cairo, and may establish branches and manufactories at
such other places as may be necessary.
§ 6. This act shall be deemed a public act, and shall take
efiect from and after its passage, and shall be in force and
effect hereafter for the space and term of fifty years.
Appkoted February 12, 1863.
In force January AN ACT to repeal the Rosemond stock law.
81, 1863.
Section 1. Be it enacted by the People of the State of
Illinois, rejpresented in the General Assembly, That an act
entitled " An act to prevent cattle, horses and all other ani-
mals from running at large in the township named in this
act," approved February 16, 1857, be and the same is here-
by repealed.
§ 2. This act to take eff'ect and be in force from and
after its passage.
Approved January 31, 1863.
In force February AN ACT authorizing Danville township, in Vermilion county, Illinois, to
12. 1863. jggyg bonds.
Section 1. Be it enacted by the Peojple of the State of
Illinois, represented in the General Assembly, That, for the
Building bridge purposc of building a bridge across the Big Yermilion river,
bonds!^^"^ °^ ^° ^'-^^ ^^^^ P^i't of section eight, township nineteen north,
range eleven west, in Vermilion county, Danville township,
TOWNS. 263
in said county, is hereby authorized to issue bonds, for a
sum not exceeding twenty thousand dollars, in sums not
less than five hundred dollars, payable in one and two years,
with interest at a rate not to exceed ten per cent, per an-
num.
§ 2. Said bonds shall be executed in the name of said
township, signed by the supervisors and countersigned by
the clerk of said township, under their private seals, and
shall be bindiug on said township.
§ 3. The clerk of said township shall keep a record of Town eierk's re-
the bonds issued, the numbers, to whom payable, for what *^°''^"
amount, when payable, for what rate of interest, and when
paid. And on the payment of each bond, the same shall be
destroyed, by burning, in the presence of said supervisor
and town clerk.
§ 4. Said bonds shall not be issued until said township
shall have levied a tax on the taxable property of said
township for two years, sufiicient to meet the maturing bonds
for each year.
Approved February 12, 1863.
AN ACT to amend the charter of the town of Hennepin, published on pages In force February
131-135, of Laws of 1852. 14, 1868.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the Licenses for saic
proviso in section 22, of the act referred to in the title to °^ liquo"-
this act, be and the same is hereby repealed ; and hereafter
it shall and may be lawful for the board of trustees of the
town of Hennepin to grant licenses for the retail of spiritu-
ous liquors within such corporation ; which licenses shall
not be for a longer period than one year from the date of
the same respectively ; but no such license shall be granted,
except on payment to the town treasurer of some sum, to
be fixed by said board, not less than twenty-five dollars nor
more than one hundred dollars, which, in all cases, shall be
reserved as a fund lor improving the streets and sidewalks
in said town, or for building a market house, as said board
shall, from time to time, direct.
§ 2. Said board may, by ordinance, regulate the traffic Regulation of
in spirituous liquors within said town ; and every license *''^®° "" ^"^'*°"
issued, as aforesaid, shall be subject to all rules and regula-
tions made or to be made by said board, and shall be revo-
cable by said board, for any non-compliance with or viola-
tion of such rules or regulations ; and any penalty or pen-
alties, which may be incurred under any such ordinance or
ordinances, shall be collectable, by suit, in the corporate
264
TOWNS.
Recording of or-
dinances.
of arte-
sian well.
Taxes and assess-
ments.
name of said town, before any court of competent jurisdic-
tion.
§ 3. The eleventh section of the act aforesaid is hereby
repealed ; and, hereafter, the ordinances of said town shall
take effect at any time, to be therein designated, and shall
be recorded by the clerk in a book to be kept for that pur-
pose, to be open to the public ; and such clerk shall append
to such record of each ordinance the names of the trustees
voting for and against the same, and the date of the passage
thereof; and such record shall be^Hma facie evidence in
all courts and places. And the board of trustees may au-
thorize a like record to be made of all ordinances now in
force in said town.
\ 4. The board of trustees, aforesaid, or council, as de-
signated in the act to which this is an amendment, may, at
any time thereafter, after ascertaining the probable cost of
an artesian well, to be located at some place in said town, to
be designated by said board, submit to the legal voters of
said town, at an election to be held therein, the question
whether such well shall be provided and prepared ; and if
a majority shall, at such election, vote "for an artesian
well," the said council may raise money to defray the ex-
penses of the same ; and for that purpose may take sub-
scriptions, or enforce any previously made, or may issue the
bonds of the corporation, to be payable at some time to be
fixed by the board, levying a suthcient tax to pay the inter-
est on such bonds until the principal shall become due, and
providing for the ultimate payment of such bonds : Provi-
ded^ that such tax shall not exceed one-half of one per
centum per annum on the assessed value of the taxable
property in said town ; which taxes shall be collected in the
same manner as other taxes assessed by said town : Aiid
provided, further, that ten days' notice ot any such election,
as aforesaid, shall be given by the town clerk.
§ 5. All taxes to be hereafter levied by said town shall
be computed and charged on the valuations made by the as-
sessor of the township within which said town of Hennepin
is situated, as to all property subject to be taxed in said
town, and shall be collected in the same manner, and by the
same officers, as the county taxes ; which officers, respec-
tively, shall pay the same over to the treasurer of said town,
as collected, or on demand : Provided, that the council may
require the several collectors, respectively, to give sufficient
security for the performance of their duty in respect to col-
lecting and paying over such taxes. And the county clerk
shall compute such taxes and charge the same, in each year,
as in respect to county taxes : Provided^ that the town clerk
shall return to him, at least ten days before the time for
delivering the collector's book to the township collector, a
certificate, showing the rate of taxes so to be levied, to-
gether with a list of the names of the resident tax payers of
TOWNS. 265
said town ; and such taxes for the town may all be assessed
in one column on the collector's book. And the offices of
assessor and collector for said town corporation are abol-
ished.
§ 6. The fees of the county clerk, for extending such county cierk-a
taxes, and noting the same on the books necessary to be
used, shall not exceed two cents for the name of each per-
son charged therewith, and one cent for each tract, block or
lot separately charged with such taxes. The county clerk,
also, without further fee, shall certify to the clerk of said
corporation, the aggregate amount of such town taxes, de-
signating the amount charged on personal property and the
amount on real estate respectively. The fees of the collec- collectors' fees,
tors, respectively, shall not exceed two per cent, on the
amount collected by them, respectively.
§ 7. This act shall take effect and be in force from and
after its passage.
Appeoved February 14, 1863.
AN ACT to amend an act entitled " An act to incorporate the town of In force April
Geneseo, in Henry county," approved February 14, 1855. 16, 1863.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That section
seventeenth of an act entitled "An act to incorporate the saieof uquor.
town of Geneseo, in Henry county," approved February
14th, 1856, be and is hereby so amended that the board of
trustees of said township shall have exclusive power to reg-
ulate, prohibit or license the selling of spirituous, vinous
and malt liquors, of any kind, within the corporate limit of
said town.
Approved February 16, 1863.
AN ACT to amend an act entitled "An act to incorporate the town of In force February
Effingham," approved February 20, 1861. ^^' l^^S-
Section 1. Be it enacted ly the People of the State of
Illinois, represented in the General Assembly, That section Boundaries of the
three, of an act to incorporate the town of Effingham, ^o^o-
Effingham county, Illinois, approved February 20th, 1861,
be amended so as to read as follows, to wit ; That all those
tracts of land embraced within the following boundaries, to
wit : beginning at the centre of section twenty-nine, thence
east to the centre of section twenty-eight, thence north to
—20
266 TOWNS.
the centre of section twenty-one, thence west to tlie centre
of section twenty, thence south 80 rods, thence west 40
rods, thence south 80 rods, thence east 40 rods, thence south
to the place of beginniDg, in township eight north, range
six east, be and the same is hereby declared to be within
the limits or boundaries of the said town of EflBngham.
§ 2. This act to take effect and be in force from and
after its passage.
Appkoved February 16, 1863.
In force February AN ACT to vacate certain streets in the town of Western Addition, in Clin-
16,1668. ton county.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly, That Fayette
street, Clinton street, and Bond street, in the town of West-
ern Addition to Centenlo, in the county of Clinton, be and
the same are hereby vacated.
§ 2. This act shall take effect and be in force from and
after its passage.
Appkoved February 16, 1863.
In force February AN ACT to vacate the plat of the town of Stonington, in Christian county.
16, 1868.
Section 1. Beit enacted hy the People of the State of
Illinois, represented in the General Assembly, That the town
and town plat of the town of Stonington, in the county of
Christian, be and the same is hereby vacated.
§ 2. This act shall be in force from and after its pas-
Appkoved February 16, 1863.
'"4*186™"' "^^ ACT to incorporate the town of Highland, in the county of Madigou.
Section 1, Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the in-
habitants and residents of the town of Highland, in the
county of Madison, and State of Illinois, be and they are
hereby constituted and declared a body politic and cor-
porate, by the name and style of "The Town of Highland;"
and by that name have perpetual succession, and may have
TOWNS. 267
and use a common seal, which thoj may change and alter
at pleasure.
§ 2. The inhabitants of said town, bj the name and General privi-
Btyle aforesaid, shall have power to sue and be sued, to ^'^^^^■
plead and be impleaded, to defend and be defended, in all
courts of law and equity, and in all actions whatsoever ; to
purchase, receive and hold property, real and personal in
said town, and to purchase and receive and hold property,
personal and real, beyond the limits of said town, for burial
grounds, and other public purposes, to sell, lease and con-
vey property, both real and personal, for the use of said
town, and to protect and improve any such property as the
public good may require.
§ 3. The boundaries of said town of Highland shall in- Boundaries.
elude the original town of Highland, with the several addi-
tions thereto, as the same are recorded in the recorder's
office at Edwardsville, in said county of Madison, and other
additions that may hereafter be made according to law.
§ 4. The government of said town shall be vested in a Town council.
town council, which shall consist of a president and foar
trustees, to be chosen annually by the qualified voters of
said town, and who shall hold their office for one year, and
until their successors are elected and qualified.
§ 5. No person shall be a member of the town council QuaUfication of
unless he shall be at the time of, and shall have been for
one year next preceding his election, a resident of the town,
and shall be at the time of his election, twenty-one years of
age, a citizen of the United States, and a lana fide free-
holder within the limits of the corporation.
§ 6, If any member of the town council shall, during
the term of his office, remove from the limits of the corpo-
ration, his office shall become vacant.
§ 7. The town council shall appoint their own president,
and shall judge of the qualifications and returns of its own
members, and shall determine all contested elections, in
such manner as may be prescribed by ordinance.
§ 8. A majority of the town council shall constitute a Quorum,
quorum to do business, but a smaller number may adjourn
from day to day, and compel the attendance of members,
under such fines and penalties as may be prescribed by or-
dinance ; and shall have power to determine the rules of
their own proceedings, punish a member for disorderly
conduct, and, with the concurrence of two-thirds, expel a
member.
§ 9. All vacancies that may occur by reason of removal, vacancie».
resignation, death or otherwise, the town coimcil shall give
ten days' notice by posting up at least three advertisements
in said town for the election of a trustee to fill such vacan-
cies, to be filled in the same manner as provided for in reg-
ular elections.
Towisrs.
Oath of officers
Annual election.
Vote upon char-
Assessment ot
§ 10. The town council shall keep a journal of their pro-
ceedings ; and shall have power to appoint and compensate
a clerk whose duties shall be described by ordinance.
§ 11. Each member of the town council, before enter-
ing upon the duties of his ofKce, shall take and subscribe an
oath, before any person authorized by law to administer
oaths, that he will support the constitution of the United
States and of this State, and that he will truly perform the
duties of his office to the best of his knowledge and ability ;
and such council shall meet at such times and places as may
be described by ordinance.
§ 12, All white male persons, of and over the age of
twenty-one years, who shall have been bona Jide residents
of said town for twelve months next preceding any election,
and who shall, during that year, have paid a tax on real or
personal estate, shall be entitled to vote at any municipal
election by reason of this charter.
§ 18. On the first Monday in April next, an election
shall be held in said town of Highland for the election of
the five members of the town council of said town ; and.
forever after, on the first Monday in April of each year an
election shall be held for said offices.
§ 14. This charter shall be submitted to a vote of the
people of Highland on the first Saturday of March next,
and if adopted by two-thirds majority of the votes cast, it
shall become a law from the time the same is so adopted,
otherwise to be null and void. The polls at this election
shall be opened at two o'clock, p. m., and kept open till six
o'clock, p. M. The voters of said town, who are present at
the time of opening the polls, shall appoint three judges and
a clerk to act as such at that election, and if this charter is
adopted, said judges and clerk shall make a certificate of
the same, and file it in the county clerk's office of said coun-
ty of Madison.
§ 15. The town council shall have power and authority
to levy, assess and collect taxes upon all property, real and
personal, within the limits of said town, which is subject to
taxation for State and county purposes, not exceeding one
half per cent, upon the assessed value thereof ; and if, at a
special election to be held for this purpose a majority of
the voters so decide, may assess and enforce the collection
of the same by any ordinance not repugnant to the consti-
tution of this State ; also, to appropriate money and pro-
vide for the payment of debts and expenses of the town.
The assessment of the taxable property of said town for its
use shall be the same a-s that made by the county assessor,
a copy of which is to be procured by the clerk of the coun-
cil at the expense of the town.
§ 16. The town council shall have no power to contract
interest-bearing debts whatever, unless a majority of the
TOWNS.
2'6ft
voters shall decide so at a special election held for this
purpose.
§ 17. The town council shall have power to appoint a ^J^^^^^^^™*"' '''
town attorney, auditor, treasurer, one or more street com-
missioners, collector and such other officers as they ma}^
deem expedient, and to require them to give such bonds
and security as may be deemed necessary to insure the
faithful performance of their respective duties, before enter-
ing upon the discharge of the same. Either of the duly
elected and qualified constables of the Highland district
shall be authorized to act as town constable.
§ 18. The town council shall have power to make regu- Health.
lations to secure the general health of the inhabitants of
the town, to declare what shall be considered a nuisance,
and to prevent, or, if at the next election a majority of the
voters approve such decision, remove the same.
§ 19. To open, abolish, alter, widen, extend, establish, ^''■*^*'-
improve and keep in repair roads, streets, alleys and public
grounds in said town, and one mile beyond ; and erect,
maintain and keep in repair bridges, drains and sewers.
For this purpose they shall have power to require every
male inhabitant of said town, over the age of twenty-one
years to labor on said streets, roads or alleys, etc., two days
in each year ; and every person failing or refusing to per-
form such road labor shall forfeit and pay one dollar per
day for each day so neglected and refused.
I 20. The inhabitants of said town shall be exempt from Road labor,
the performance of road labor and the payment of road
tax levied by authority of the county court, and the entire
jurisdiction and control of the roads, highways and bridges
in said town shall be held and exercised by the president
and trustees as aforesaid.
§ 21. To erect needful buildings for the use of the town, Police buiwings.
and to improve and protect public property.
§ 22. To license, tax and regulate auctioneers, dram- Licenses.
shops, wine, beer and alehouses, and peddlers.
§ 23. Persons selling spirituous, vinuos liquors, or any liquor traffic,
composition thereof, or spirits, wines, cider, beer or ale
within the corporate limits of said town, in quantities less
than one gallon, without a proper license, shall be lined ten
dollars for each offense, as now provided in the statutes of
this State ; and the same may be collected, on complaint,
before any justice of the peace in the town of Highland;
and penalties and lines collected before any justice of the
peace in Highland, under this section, shall be paid into the
treasury of said town ; and the c-urt first taking jurisdiction
of such oifense in this section prescribed, shall retain juris-
diction of the same and the same shall be a bar to any
proceedings afterwards commenced in any other court.
§ 24:. The town council shall have power to suppress ^^^^^^^ ^ e r i y
gaming houses, bawdy houses, and other disorderly houses ;
large.
Disturbance
270 TOWNS.
to license, tax and regulate theatrical and other exhibitions
or shows, and to provide for the trial and punishment of
persons who may be engaged in assaults and batteries and
affrays within the corporate limits of said town.
Fees of officers. § 25, To fix the fccs and compensation of town officers,
and others, for services rendered under the provisions of
this act.
§ 26. To prevent the incumbering of the streets, alleys
and public grounds of said town ; to protect shade trees ;
to compel persons to fasten horses, mules and other animals
attached to vehicles, while standing upon any street, alley,
or uninclosed lot in said town.
Animals at g 27. To prcvcut the running at large of dogs, and to
provide for the destruction of the same when at large, con-
trary to the provisions of any ordinance in such cases made.
§ 28. To provide for the punishment of persons who
the peace'^'' "' may at any time disturb the peace of the inhabitants of said
town or the deliberations or proceedings of any public meet-
ing of said inhabitants, or the board of trustees when in
session.
Police reguia- § 29. To rcgulate the police of the town ; to impose
tions. fines, penalties and forfeitures for the breach of any ordi-
nance, and to provide for the recovery and appropriations of
such fines and forfeitures, and the enforcement of such pen-
alties : Provided^ that in all cases the right of trial by jury
shall be allowed to any person or persons charged with a
breach of any of the provisions of this act or any ordinance
made in pursuance thereof: And further, provided, that
no such fine shall exceed the sum of twenty dollars for each
offense.
§ 30. The town council shall have power to make and
enforce all ordinances which may be necessary and proper
for carrying into effect all the powers specified in this act,
or as the good of the inhabitants of said town may require,
so that such ordinances are not repugnant to nor inconsis-
tent with the constitution of the United States or of this
State.
^t le of ordi- § ^1- '^^^^ style of ordinance of the town shall be : Be
"nance-. H ordahied hy the President and Council of the town of
HigJdcmd ;" and all ordinances shall, within one month
after they were passed, be published and made known by
four written or printed advertisements, put up at four public
places within the limits of the town, or in some newspaper
printed in said town or in said county ; and the certificate
of the publishers of such newspaper, or of the clerk of the
town, under the seal of the corporation, shall be prima
facie evidence of such ordinance and of its publication ;
and no ordinance shall take effect until published as afore-
said.
§ 32. All ordinances may be proved by the seal of the
corporation, and when published and printed in book or
TOWNS. 271
pamphlet form, and purporting to be printed or published
by authority of the town of Highland, the same shall be
received as evidence in all courts of law or equity, and in
all places without further proof.
§ 33. The president shall preside at all meetings of the President's du-
council, when present, and in case of his absence at any
meeting, the council shall appoint one of their number
chairman, to preside at that meeting. The president, or
any two members of the council, may call special meetings
of the same.
§ 34. The president shall be active and vigilant in
enforcing the laws and ordinances for the government of
the town. He shall inspect the conduct of all subordinate
officers, and cause negligence and willful violation of duty
to be punished. He shall have power and authority to call
on all male inhabitants of said town, over the age of eigh-
teen years, to aid in enforcing the law and ordinances, and
in case of a riot, to call out the militia to aid in suppressing
the same, or in carrying into effect any law or ordinance ;
and any and every person who shall fail to refuse to obey
such call shall forfeit and pay into the treasury of said town
the sum of ten dollars.
§ 35. The president, or any member of the council shall
have access to the books and papers of any subordinate
town officers, that refer to their respective town offices.
§ 36. The president and the members of the town
council shall not be entitled to any compensation for their
labors as such.
§ 37. The town constable, appointed under the provis- Duties of town
ions of this act, shall have power and authority to execute *°°'»**^'*-
all processes issued for the breach of any ordinance of said
town, and for that purpose his power and authority shall
extend over the county of Madison, and shall have the same
power, authority and jurisdiction within the limits of said
town as other constables under the law of this State, and
shall give bond and qualify as the said board by ordinance
shall prescribe.
§ 38. If at any time hereatier two-thirds of the quali-
fied voters of the town of Highland decide by public elec-
tion, to be held for that purpose, that this town be disincor-
porated, such may be done according to the general laws
of this State.
Approved Feb. 14, 1863.
AN ACT to amend the charter of the town of Paris. In force February
30, 1868.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That the town
council of the town of Paris shall have power to grant
272 TOWNS.
license for the sale of ardent spirits in less quantities than
one gallon, and to license, govern or suppress billard tables
or bowling saloons, and to tax, regulate and control the
same, within the corporate limits of said town.
§ 2. That no moneys shall be appropriated or taxes
levied and collected by the town council, for any other than
municipal purposes.
§ 3. This act to take effect and be in force from and
after its passage.
Approved February 20, 1863.
In force April AN ACT vacating; a part of Hayward's division of the town of Pana.
20,1868. °
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That blocks
one, two, thirteen and fourteen, in John S. Hayward's di-
vision of the town of Pana, and the streets and alleys ad-
joining thereto, be and the same is hereby vacated.
Approved February 20, 1863.
In force February AN ACT to vacate the town plat of the town of Prairieville, in Hancock
20.1868. county.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the
town plat of the town of Prairieville, situated upon section
ten, (10,) in township four (4) north, range eight (8) west, in
Hancock county, Illinois, be and the same is hereby vacated.
§ 2. This act shall take effect and be in force from and
after its passage.
Approved Feb. 20, 1863.
In force February AN ACT to amend an act entitled " An act to incorporate the town of St.
20. 1868. Charles," approved February 12th, 1853.
Section 1. Be -it enacted hy the People of the State of
Illinois, represented in General Assembly, That in addi-
saieof Uquor. tiou to the powers conferred upon the president and trustees
of the town of St. Charles, by the above entitled act, they
shall have the power to license, tax and regulate the selling
TOWNS. 273
and traffic in spirituous, vinous, mixed and malt liquors,
under such restrictions and upon such terms as may be pre-
scribed by ordinance.
§ 2. That so much of the above act as may conflict with
the provisions of this act be and the same is hereby repealed.
§ 3. This act to take effect and be in force from and after
its passage.
Appkoved February 20, 1863.
AN ACT supplementary to an act entitled "An act to provide for leasing In force February
the land granted as a common to the inhabitants of the town of Prairie du 1®> ^®^^'
Rocher, in Randolph county, or so much of said land as it shall be to the
interest of the inhabitants of said town to lease for school purposes," ap-
proved February 8, 1851.
Section 1. Be it enacted hy the People of the State of
Illinois, rejpresented in the General Assembly^ That the
president and trustees of the commons of Prairie du Rocher
shall have power, and are hereby authorized to appro-
priate a portion of the proceeds arising from the leasing
of said commons to the purposes of religion and for the
support and advancement thereof: Provided, that no ap-
propriations shall be made under this section unless the same
shall have been asked for and desired by a majority of the
voters of the said town of Prairie du Rocher, by a petition
or petitions, presented to the said president and trustees, in-
dicating the religious purposes to which the same shall be
applied, and the amount thereof thus to be applied.
§ 2. This act shall in force from and after its passage.
Approved February 16, 1863.
AN ACT to amend " An act to incorporate the town of Moline," approved In force February
February 14, 1855, and an amendment to said act, approved February 18, 20,1863.
1857.
Be it enacted hy the People of the State of Illinois, rep-
resented in the General Assembly, That the town of Mo-
hne, in Rock Island county, by the president and trustees, Borrowing of
and their successors in office, be and they are hereby author- ™e°of b^nds!''
ized and empowered to borrow money or loan its credit, on
the faith and pledge of said town, in such sums and at such
rate of interest, not exceeding ten per cent, per annum, as
may be deemed for the benefit of said town : Provided, no
amount of money shall be borrowed or credit of the town used
beyond what is now allowed by law, without first submit-
278
TOWNS.
ting the matter to a vote of the people of the town, in the
manner now required by the charter; and to issue bonds
or other obligations therefor, under the seal of said town,
signed by the president and clerk of the board of trustees
and their successors in office.
This act to take effect and be in force from and after its
passage.
Approved February 20, 1863.
^° ^^20^ ma"*'' "^^ '^^'^ **^ amend an act entitled "An act to revise and amend an act entitled
' ■ ' an act to incorporate the town of Danville,'" approved February 15th,
1856.
Section 1. £e it enacted hy the People of the State of
Illinois, represented in the General Asseiribly, That all mo-
neys received by any of the corporate authorities of the
said town of Danville, for licenses issued or granted by said
corporate authorities, for any purpose whatever, shall be
paid into the treasury of said town, as a fund belonging to
said town and shall be disbursed by the corporate authorities
of said town, the same as other moneys are now disbursed
for the use and benefit of said town.
§ 2. This act shall be in force and take effect from and
after its passage.
Approved February 20, 1863.
^° ^"'^Tses °^ '^^' "^^ ^^"^ ^^ vacate a street and part of streets in the town of Providence, ia
Bureau county, Illinois.
Section 1, Be it enoMed hy the People of the State of
Illinois, represented in the General Assembly, That all the
street and parts of streets of the town of Providence, Bu-
reau county, Illinois, which are situated north of High street,
in said town, as the same are plotted and recorded in the
recorder's office of said county, be and the same are hereby
racated ; and the town plot of the said town of Providence
is hereby so restricted and curtailed that the said High street
is hereby made the northern limits of said town of Provi-
dence.
§ 2. This act to be in force from and after its passage.
Approved June 13, 1863.
TOWNS. 274r
AN ACT to amend the charter and increase the powers of the town of Car- In force June 13,
linville. ^^^•
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the pres- Repair of lide-
ident and trustees of the town of Carlinville, in addition to ^*^''*-
the powers already vested in them, shall have power, by
order to be entered on the records of said town, or by ordi-
nance, to require the owners of any premises fronting upon
any street, square, lane, or alley in said town, to construct,
repair, relay, or cleanse sidewalks in front of, or any private
drain leading into any main drain, upon said premises, at
the expense of the owner <>r owners of such premises; and
if not done by such owner or owners, within the time, and
in the manner so ordered or directed, the president and
trustees of said town may cause the same to be done, and
the costs an.l expenses of constructing, repairing, relaying,
or cleansing such sidewalk or private drain, may be recover-
ed of the owner or owners of any such premises, by suit
before the police magistrate, or other court having jurisdic-
tion of the amount in controversy, as for money paid and
laid out to the use of such owner or owners. Said suit
shall be in the name of the town of Carlinville, and the ex-
penses of constructing, repairing, relaying, or cleansing any
such sidewalk or private drain by said town, shall be a lien
on the premises in front of or upon which, said work shall
be performed from and after the work shall be done for the
space of one year, which may be enforced in the manner
provided in this act.
S 2. The owner or owners of any premises in front of Notice to be given
I'll • -I 1 ••! 111*° owners of
or upon which the president and trustees oi said town shall property.
order or direct sidewalks or private drains to be constructed,
repaired, relaid or cleansed, shall have notice, if he or she
can be found in said town, to construct, repair, relay, or
cleanse such sidewalk or private drain, which notice shall be
issued by the clerk of said town under his hand, therein de-
scribing with reasonable certainty the premises, and the side-
walk or private drain to be constructed, repaired, relaid or
cleansed, the work to be performed, and the time in which the
work is to be done. Said notice shall be directed to the owner
or owners of the premises, and shall be served by the town
constable or street inspector, on such owner or owners (if
to be found in said town,) by reading; and it shall be re-
turned by the officer serving the same, to the clerk, with his
endorsement thereon, showing the time and manner of such
service, and shall be filed by the clerk in his office, and by
him carefully preserved, and it and the return thereon shall
he prima facie evidence of the facts therein stated,
^ 3. At any time after iudgment shall be rendered against Ju^gmfot aod
<J •> . J » . 1 1 /. 1 1 <■• execution.
the owner ot any premises, as provided for by the first sec- •
tion hereof, the president or attorney of said town may cause
276 TOWNS.
tlie police magistrate or other justice of the peace before
whom the judgment may be rendered to certify a transcript
of the proceedings in the case in the same manner as is now
required by law. Where the judgment of a justice of the
peace is to become a lien on the real estate of the defendant,
said transcript shall be filed in the ofiice of the clerk of Ma-
coupin county circuit court, and recorded in the book kept
for that purpose ; and from and alter the filing said trans-
cript by said clerk, execution may issue thereon and levied
as in other cases, either upon the premises upon which the
lien is created as aforesaid, or other property of the defend-
ant to be found in said county: Provided^ that j)revious to
the filing said transcript, the police magistrate or other jus-
tice of the peace, as the case may be, may issue execution
on said judgment as in other cases.
Town hall and § 4:. The president and trustees of said town of Carlin-
market house. yj]]g gj^all have powor to construct a town hall or market
house, and other needful buildings for the use of said town,
and for that purpose said town may purchase and hold prop-
erty, both real, personal and mixed. They shall also have
power to construct one or more workhouses, and to compel
persons convicted of violating any penal ordinances of said
town to work out the fines and costs adjudged against them,
in said workhouse, or upon the streets, squares, or public
buildings in said town, in such manner as may be prescribed
by ordinance. The buildings aforesaid shall be exempt
from all taxes whatsoever. They shall also have power, by
ordinance, to protect the buildings and other property of said
town, and to punish persons for injuring the same ; but a
conviction under any such ordinance shall not prevent said
town from maintaining; an action for the damag-es done to
such property by any person. They shall also have power
to declare what shall be malicious mischief in said town, and
to pass all ordinances necessary to prevent and to punish the
commission of the same.
Pro_perty sold for § 5. That hereafter when any lands shall be sold by vir-
tue of any execution in favor of said town or shall be sold
for taxes due said town, and there shall be no bidder who
who will bid the amount of the execution or taxes and costs
and said town shall be desirous of bidding more than any
other bidder, the president of said town, or some person by
him authorized, may bid the property off for the town, and
the same proceedings shall thereafter be had, and the same
rights shall be acquired by said town as if said town were
a natural person. This act shall not prevent said town from
proceeding as heretofore provided to levy, assess and col-
lect taxes for the construction of sidewalks. This act is here-
by declared to be a public act, and shall be in force from
and after its passage.
Approved, June 13, 1863.
taxes.
TOWNS. 277
AN ACT to attach a part of range No. 10 west, in Vermilion county, to range in force February
No. 11 west, in said county. 2d, 1863.
Section 1. Be it enacted hy the Peojjle of the State of
Illinois^ represented in the General Assembly^ That fractional
sections ^o. 6, 7, 18, 19, 30 and 31, in township JNo. 22
north, range No. 10 west, in Vermilion county, be and are
hereby a' tached to township No. 22 north, range No. 11
west ; and that the rights and privileges of the inhabitants
of said fractional sections, in said township No. 22 north,
range No. 10 west, and the inhabitants of township No. 22
north, range No. 11 west, shall be reciprocal, the same as
though the whole of said territory was embraced in one
township for common school purposes, under the school laws
of this State.
§ 2. And be it further enacted^ That fractional sections
No. 6, 7, 18, 19, 30 and 31, in township No. 23 north, range
No. 10 west, in Vermilion county, be and are hereby at-
tached to township 23 north, range 11 west, in said county;
and that the rights and privileges of the inhabitants of said
fractional sections, in said township 23 north, range 10 west,
and the inhabitants of township 23 north, range 11 west,
shall be reciprocal, the same as though the whole of said
territory was embraced in one township for common school
purposes, under the school laws of this State.
§ 3. That this act shall be in force from and after its
passage.
Approved February 2, 1863.
AN ACT to legalize a certain tax levied in the town of Limestone, Kanka- inforce February
kee County, Illinois, and for other purposes. 12, 1863.
Whereas the legal voters in the town of Limestone, in the
county of Kankakee, at the April town election, for the
year a, d. 1862, did vote in favor of levying a tax of one
cent on every dollar's worth of property, both real and
personal, in said town, for the purpose of aiding in the
construction of a bridge across the Kankakee river, at
Kankakee City ; and whereas the board of supervisors of
said Kankakee county, at their September session, 1862,
did J)ass an order in favor of levying and collecting said
tax; therefore,
Section 1. Be it enacted hy the People of the State of Illi-
nois, represented in the General Assembly, That there shall
be levied, immediately after the passage of this act, a tax of Levy of tax.
one cent on every dollar's worth of property in said town
of Limestone ; and the same shall be collected by the col-
lector at the same time and in the same manner that other
taxes are ; and, when collected, shall be paid over to the
277 TOWNS.
paymenttoKan- countj treasurer of the county of Kankakee; and it shall
comtdttee'!"^^"' be the duty of said treasurer, upon the receipt thereof, to
pay the same over to the Kankakee bvidge committee, im-
mediately, and take their receipt therefor; which receipt
shall be his sufficient acquittance therefor.
Vote on tax in g 2. It shall be lawful for the towns of Essex, Salina,
certain towns. jq-Q^,|.Qj^^ ^^^ Pilot, at their ncxt towH electious, to vote for
or against the levying and collecting a tax on the property
in said towns, not exceeding one cent on each dollar's worth
of property, for the purpose of aiding in paying for the
construction of said bridge across said Kankakee river, at
said Kankakee City ; and, if a majority of the votes cast at
said election shall be in favor of a tax, the same shall be
levied and collected as other taxes are ; and, when collected,
shall be paid over and disposed of according to the provi-
sions of this act for the town of Limestone.
§ 3. This act shall take effect and be in force from and
after its passage.
Appkoved February 12, 1863.
Department of State,
Springfield, August 15, 1863.
I, 0. M. Hatch, Secretary of State of the State of Illinoia, do hereby cer-
tify that the foregoing, except the words printed in brackets, thus, [ ] (which
are inserted for the purpose of correction and explanation,) are true and per-
fect copies of the enrolled laws on file in my office.
In testimony whereof, I have hereunto set my hand, the day and year afore-
said.
0. M. HATCH,
Secretary of State.
INDEX.
INDEX.
A.
Acts therein named repealed 167
Adams Insurance Company ... 192
Alexander and Pulaski Plankroad Company . . .218
American Bible Society, tax | .... 26
American Bottom Levee Company j . . . 188
American Insurance Company, Frecport 196
Aurora Gas Light Company
B.
Big Rock Farmers' Mutual Insurance Company.
Branch Railroad Company
Brown, Caleb W., dam to build
o.
Catholic Asylum, Chicago.
Cairo city charter amended
Centenlo, Clinton, to vacate part of Western Addition.
Chicago University
' ' Law Institute
* ' Benevolent Association
' ' United Sons of Erin Society ,
' ' Ministry at large
* ' city charter amended
' ' city to borrow money
* ' dock company, charter
' ' chamber of commerce
' ' Post company, charter
' ' and Northwestern railroad company
Chinese sugar manufacturing company
City bank of Eames, Allen &Co ,
D.
Danville township, issue of bonds. . . .
Douglas monument association
Drainage of lands in Lake county. . . .
" " " ''Madison county.
E.
Eames, Allen & Co., city bank.
Effingham charter amended
Evansville and St. Louis railroad company.
—21
.2K
.207
.229
.213
,.25
.166
.266
...9
. ..9
..29
..31
..40
.169
.177
.179
182
.235
.261
.262
.184
.18.5
.188
..37
.265
.256
II
INDEX.
F.
Farmers' and Merchants' insurance company.
Ferry at Hamilton
Ferry across Kaskaskia river
Firemen's benevolent association
Fulton railroad company
Fulton savings bank
G^.
Galesburg city, to borrow money
Geneseo charter amended
Grand lodge, Sons of Herman
Greenville mutual fire insurance company.
H.
Hannibal and Naples railroad company.
Hamilton ferry company
Helvetia sharpshooters' society
Hennepin charter amended
Highland charter
I.
Illinois female college
' ' Journal company
' ' Southern railroad company.
Insurance company, Greenville. . . .
" " State
" *' Rock river
" " American, Freeport
" " Tornado
*' " Southern Illinois mutual
" " Illinois mutual
" " Farmers' and merchants'
" " Big Rock farmers' mutual.. . .
Incorporations:
Alexander and Pulaski plankroad company. . .
Big Rock farmers' mutual insurance companj'.
Branch railroad company
Chicago Catholic asylum
" ministry at large
" dock company
" chamber of commerce
" Post company
*' and northwestern railroad company. .
Douglas monument association
Evansville and St. Louis railroad company. . .
Fulton savings bank
Fulton railroad company
Helvetia sharpshooters' societyw
Hannibal and Naples railroad company
Illinois female college
Illinois Journal company
Lake county drainage commissioners
Mattoon female seminary
" college
Mississippi warehouse company
Naperville gt aded school
Northwestern Chinese sugar company ,
Peoria, Pekin and Jacksonville railroad ,
Peoria and Hannibal railroad company
INDEX.
Ill
Rosehill cemetery company
Springfield home for the friendless
Sons of Herman, ^rand lodge
State insurance company
Southern Illinois mutual insurance company.
St. Charles and Geneva railroad company. . .
United Sous of Erin, Chicago
K.
Kaskaskia river, ferry across
Kennedy, Roxy L., name changed,.
Keokuk and Hamilton ferrv
L.
La Harpe academy
Lake county drainage commissioners
LaSalle city charter amended
Law institute, Chicago
Lincoln school district, Logan county. . . ,
Logansport, Peoria and Burlington railroad company.
M.
Madison county, drainage of lands
Macoupin county, records to transcribe.
Mattoon female seminary
" college
McHenry county, school district
Mississippi warehouse company
" river ferry, Keokuk
Monmouth city charter
Morton, Roxy L., to change name
Morris city boundaries
N.
Name changed, Roxy L. Morton. . . . .
Naperville graded school
Northwestern Chinese sugar company.
o.
Ottawa and Vermilion river plankroad.
P.
Pana, Hayward's division
Palis charter
Pecatonica river dam
Peoria and Hannibal railroad company
Peoria and Oquawka " "
Peoria, Pekin and Jacksonville railroad company.
Peoria city charter amended
Pittsfield school district, Pike county
Plankroad, Ottawa and Vermilion river ,
" Alexander and Pulaski
Q-
Quincy English and German seminary.
" city collector to elect
" and Chicago railroad
IV
INDEX.
Kailroads:
Branch railroad company
Chicago and Northwestern raUroad company
Evansville and St. Louis railroad company .• •• •
Tultou railroad coujpany
Hannibal and Naples railroad company
Illinois Southern railroad company
Logansport, Peoria and Burlington railroad company.
Peoria, Pekiu and Jacksonville railroad company
Peoria luid Hannibal railroad company
Peoria and Oquawka railroad company
" " " " west end
Pike county railroad, name changed
Quincy and Chicago railroad
Eacine and Mississippi railroad
St. Charles and Geneva railroad
St. Louis, Alton and Terre Haute railroad ■
St. Louis, Jacksonville and Chicago railroad.
Warsaw and Rockford railroad
Eecords, to transcribe, Macoupin county
Relief, city bank, Ottawa
Rockford water power company's dam
Roman Catholic asylum, Chicago
Rock river insurance company
Rosehill cemetery company
Rosemond stock law repealed
Rutter, Henry and W. Hughes, ferry of
s.
School district, McHenry county
" " Lincoln, Logan county
" " Pittsfield
Sharpshooters' society at Highland
Shelby ville city charter
Sons of Herman, grand lodge
Southern Hlinois mutual fire insurance company
Springfield home for the friendless
" supervisors in wards
" waterworks company.
State insurance company
St. Charles and Geneva railroad company
St. Louis, Jacksonville and Chicago railroad company.
St. Louis, Alton and Terre Haute railroad company . . .
Stock in Rosemond, law repealed.
Stonington, Christian county. . . .
T.
Tax on American Bible society
Towns:
Carlinville, charter amended
Centcnlo, Clinton county, western addition.
Danville, bonds
" charter amended
Effingham, charter amended
Geneseo " "
Hennepin, liquor traffic
INDEX.
Towns:
Highland charter
Luiiestone, Kankakee county, tax. .
Moline, charter amended
Pana, to vacate portion
Paris, charter amended
Prairieville, to vacate portion
Prairie du Rocher common
Providence, Bureau county, streets.
Rosemond stock law
St. Charles, charter amendea
Stonington, to vacate plat
Town 22 n, 10 w, Vermilion county
Tornado insurance company.
.266
.2V8
.275
.272
.271
.272
.273
.274
.262
.272
.266
.277
.197
IJ.
University, Chicago
United Sons of Erin society, Chicago.
..9
.81
"W.
"Warsaw city charter repealed
Warsaw and Rockford railroad company.
Western addition to Centenlo, to vacate.
.167
.241
.266
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