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713

1857.

AN ACT to change the name of (h« town of Midway, in Edgar county, Feb. ii, ib&i;
to that of Kaiiias.

Section 1. Be it enacted hij the people of the slate oj
Illinois, represeiiti (I in the Gfitend ^i.s^cnihlij, TWa^ tlie
name oJ" the town of MuIwpv, in Elgar county, be uiid is
hereby chnnoed to tlint of Ka!i>^as.

§ 2. Tl.is act to take efFect and be in force frora and
after its passage.

AprRovED Feb. 14, 1857.

AN ACT to vacate a part of th^ plat of the town of Franklin, in the Feb. ll, I887.
county of Pike.

Sectio.v 1. Be it en (tried hii the people of the state of
niinois, ri prespnhd in the dneral JJsse?n/di/, Tliat the
east half of the town |>Iat of t'ldtown of Franklin, in the
county of Pike, and state of lllf\iois, be and the same is
hereby vacated, and taxes shiill \e assessed on tlip same
in tl»e same manner as upon oth^ land, and not as town
lots, and that the title to the streets and allejs in said
east half of said town, be vested in the owner or owners
of the a(!joining lots.

§ 2. This act to be in f^rce from and after its passage.

ArPRovKii Feb. 14, 1857.

AN ACTl'i consnlidatf tbo flpvrral acts ni der which fhe city of Ma- Feb. 14, :8a7.
comb was incorjiorated and to amend the same.

Article I. — Of Boundaries, General Powers and For-
maliun (f Wards.

Section I. Be it enacted hi/ the people of the state of
lllinnis, represented in the General t/tssfinhlij. That all
that district ot country, in the county uf Mr Donoufjl', and
sta^e of Illinois, embraced within the following limits, to Boundaries.
wit: The south lialt of section No. thiity-one (-H,) the
southwest quaiter of the northeast quarter of section No.
thirtj-^ne ('>!,) and tlie Ti<)rlhu>st fjuarfer of section
thirty one (•''!») all '" ttjwiship No. si.x (0) north of the
officer shall be removed, except for good cause, nor

1S57,

714

>'(■«.

C.tf 4

baseline ofrans^p twl(il")we^t of tlip fourth principal n er-
iilian; Hiul sou tlirij<t tjUrti tt-r ol tlit* nor i he us t (iiiarfti ot' sec-
tion ihirty-six (oO, ) t«ui the southeast quarter of said sec-
tion thirty-six ^^o0.uiu township six (^0) iiojth of range
three (o) west of tht'j fourth princi|)al mericiian; anJ the
northeast (juarter ot the northeast quarter of section No.
one \^\y\ iu townshi|) Nt>. five (A,) noith of ranf»e No.
three (•>) we<»t of tlie fourth urini^i|)al meridian; and the
northwest quarter of section No. six [6,) and the north-
west qutrter of the lortheast quarter of section No. six
(C,\ in township N'. five {•'>) north of ransj^e No. t\v » (2,)
West ol tlie fourth jirincipal meriiiian, together with such
other adilitiiois of land as may be iiK'orporattd with and
come uud«'r its juri<(litMion, is hereby erected into a city,
by the name of" The City ol Macomb."

^ '2. The inhabitants )f said city shall be a corpora-
tion, Uy t'le name of *'The City of Micomb;" and by
that name shall have p»rpetuai succession, sue and be
sued, and complain and deleml in any court; may make
and use- a common seal, and alter and chanjre it at pleas-
ure; may take, hold am' purchase siuli real, personal or
mixed estate as the parposes of the corporation may
require, within or witlnut the limits ot the city, and may
Sell, lease or dispose ff the same for the benefit of tlie
city.

§ o. The city of Mac unb 'hall b" divided into four wards,
the boundaries ot wliidi shall be fixed by the city council^
and shall be by tUn (ity council chantred, from tirne to
time, as they shall scfi fit, having rei^ard to the numl)er of
her free white male iiiliabitan's; >io that each ward shall con-
tain, as near as m*y lie, the same numoer of wliite male
inhabitants. The city council may create addilioual
wards, as occasion may re([uire, and fix the boundaries
thereof.

Article II. — OJi-rr$ — /heir Elccliun und Jlppointment,

§ 1. The m'inici;i»l government of the city shall con-
sist of a city council} to hu cooifosid ot the mayor and
two aldermen from < .icli ward. The other officers of the
corporation shall hr as follows: A city clerk, a city
m'irihal, a city treav|^er, a city alforney, a city af:sessor
and Collector, a cilyj surveyor and engineer, and a city
iiip«rvi4or, who, in tiildition to the duties prescribed by this
• :f, <tlMl| perfirm hu :|i other dutiei a< may bo prcjcribed
by oriiioaiice, and wi^) whall be elected or appointed by
the cify council a« the t-ity council may provide. Tliere
th«ll aI«o tip such other ')tfi'-eri, servants ai'd Hgent^ol the
cor|>oration a<i may he provided by ordinance, to he ap-

Td5 IS.*)?.

pointed by (lie city criircil, antl to peiform such duties
as may be presciib»d h\ on'inance.

§ 2. All officers, elected or appointed under this '^«""'^' •■•••
act, except ahUinien, pI all hold their offices one jeer
and until the eitcti'in or Bppoinln^ent btk) qnahfiCHtidn of
their successors, r« spectively. AH other officers mention-
ed in this act, and not oth< rvvise specially provided for,
shall he ap|i()inted hy the city council, hy ballot, on the
third Monday of May in each} ear, or as soon ther» after as
may he ; but the city council may specially authorize the
aj)pointint*nt of watchmen and policemen by the major, to
cuntinue in office during the |il» asure of the city council :
Prui'iiiiil^ the mayor or p.iarshal may be atitlorized to re-
move ttiem trnm office, for ^ood cause. All officeis elec-
t'5d or appointed to fill vacancies, shall hold for the unex-
pired term only, and until the election or appointment and
qnalifji-atioii of tiieir successors.

§ ;>. The several ward'? o( the city shall he rf ]iresent- Aiderme«.
ed in the city council by two alderman from each ward,
who shall be buna fide residents thereof, and hold their
offices for two years, from and after their election, and
until the election and qualification of their successors.
They fhall be divided into two classes, consistinf^ of one *

alderman from each waid, so tha* one from each ward
ehall be annually elected. At the first meetii.g of the city
council after the annual election in May next, the alder-
men shall be divided into [two] classes, bj lot — the terms of
office of those of the first class shall expire in one year, and
of those of the second class in two years: Provided, that
the pres(?nt aldermen shall be placed in the first class, and
no election shall he held to supply their places. At the
annual election, in May, 1851, there shall be elected in
eacii of the wards of the city one alderman, and thereafter,
annuallj, one alderman phall be elected in eatli of the
wards of the city, to represent such v/ard in the city council.

^ 4. If from any cause there shall not be a quorum of special eiecutn.
aldermen the clerk shall appoit t the time and jdace of
holdinc; a special election to supply such vacancies, and
to appoint judfreg thereof, if necessary. If any alderman
shall remove from the ward represented by him hi'^ office
shall thereby become vacant. If for iiny cause the offi-
cers herein named shall not be ap| oin*ed on the second
Monday of May in eac'i year, the city council n)ay
adj )nrn from time to time until such a|ipointments are
made. If there should be a failure by the )>eople to elect
any o ticers herein required to be elected, llie city council
may forthwith order a new election.

§ >). Any officer elected or appointed to any office RcmcTti.
may be rem'>ved from such office, by a vote of two-thirds
of all Ijc aldermen authorized by law to be elected. But no

rr«Ti**.

Taie«i>'.*7.

185T. TIG

unlt»«? ^r<t furnished with tlio clinraps Hprairist him, nnd
Itoard ill liis dffVnor; Miui tlie city lomicil shnll liave
power to compel the atteiulaiiCe of witnesses ami the
pro'iiictixn of papers, when necessary for the purpose of
5uch triiti, ant] shall proceed^ within ten davs, to hear and
determine upon the nieiits of the case; and if tJUch otficer
shall i>e<Tlect to appear and answt r to such chHrye, then
the city couniil may declare the otlice vacant: I*riiri(itd^
this Section slnUl not be deemed »o app'y to any officer
appointed by the city council. Such otticer may ha
removed, at any time, h^y a vote of two-tiiirds, as afore-
sai«l, in tluir divert tion; hut any orti,-er may he suspended
until the dispusitirn ol tlie diaries when ])referre(l.

§ G. W'letu'ver an) vacancy shall occur in tlie office
of m nor or alderman such vacancy shall he filled by a
new election; and tlie city council shall order su(di spe-
cial election, within ten days after the happenin«j (d" such
vacancy. Any vacancy oi^currinj^ in any ot.'ier office may
be filled by appointment of the city council, but no special
election shall be held to fill vacancies if more tiian nine
months of the time has expired.

^ 7. All citiz^-ns of the United States, qualified to

"'*'"""'* vote at any electi m held ut.der this act, shall be. (pialified
to hold any office created by this a<'t; but no person shall
be eligible to any office iindt r this, or any other act in
relation to iaid city, who is now or may hereafter be a
deiaulter to snid city, or to the state of Illinois, or to any
other city or county tiiereof; and any person shall be
considered a defaulter who has refiHed or n»'i;lected, or
miy hereaft» r refuse or npi»lr!ct, for thirty d ly.s after
dfinitid in»le, to account for and pay over to the party
authorized to rpc»-ive the same, any pu'ilic miney whijli
may have cime into his possession. And if any person
holding any ^uch office or place within this city shall
bec'imii a defaulter whilst in office, the otfije or place
shall thcr'-upon become vacant.

^, ^ S. Wiierj two or more catjflid.ttes for any elective

offioe shall lirive an equal number of votes for such office
lh« election sliall b»j d»'termined by the casting of lotJ,
in the presence of the city council.

ArticMb III. — Of EU'clionH.

B.icibUitr.

717 1857.

printed notices in tliree public jilao* s in each ward, or by
publK'aliun ill lilt' iiivv >|ici|»» 1 puLlisl.iiig llit- oidinantes of
tlie tit}', b) ilif city cl«-ik.

& 'Z. Tlie manner ot conducting and voting at the jiaimor of cob-
dtclions lield under this act and contesting tlie same, "J "'^i*''* «»•«»«"
the keeping the poll lists, canvassing ol" the votes, and
Ceitil)iiig tlie returns, sliall be the sann-, as 'leaily as may
be, H:j \:i now t»r may herealti r he jtrovided by law at
generHl state elecoons : Pruvidcdy the city council shall
have power to regulate elections and the ajipointinent of
the judges thereot. The voting shall be by ballot, sind the
judges ol the tiection shall t.ike the same oath and shall
liave the same powers and authority as the judges of
general elections. Alter the closing of the polls the
ballots shill be counted in the inHiiner provided by law,
and the returns shall be returned, sealed, to the city
cleik, within three days alter the election; and thereupon
tlie city council shall mce^ and ciinvass the same, and
decldie 'he result of tlie election. The persons having
the highest number of votes tor any office sliall he
decland elected. It shall he the duty of the cily clerk
to notify all persons elected or appointed to oirice, of
their elections or apiinintmeiit; iind unless such persons
Bhall quiilily within twenty days thereafter, the office
shall become vacant.

§ ^i. N > person shall be 'Entitled to vote at any election Kiipii.iUty ox
under this act, who is not entitled to vote at state elec-
tion, ano has not been a resident of said city at least
six months next preceding said election; he shall more-
over be an actual resident of the w ird in which he pro-
poses to vote, and if rt(|uired by any judge or qualified
voter, shall take the hdlowing oath tiefore he is peimitted
to vote: ''I swear (or aliirui) that I am of the age of o^ti,
twenty-one yeais, that I am a citizen of the United States,
(or wd'< a resident of thi-? state at the time ot the adop-
tion of the constitution,) and liave b- en a resident of this
state one year, and a resident <»f this city six months
immedidtelv preceding thi^J election, and am now ;i resi-
dent of this ward, and have not voted at this election:"
Provided, that the voter shall be <leemed a resident of
the ward in which he i? accustomed to lodge.

§ 4. N() election shall be held in any grog shoji or
other place where intoxicatii g liquors are vended by
retail.

§ 5. The persons entitled to vote at any elertiou held Airv.. en hm-
under this act, shall not be arrested on civil process """^''>^-
within said city upon the day on which s^id election is
held; and all persims illegally voting at iuy election held
under this art, or the ordinances <if the cit^ in pursuance
thereof, shall bt; puui^ihable according to the laws uf tho
it^tc. .

0*tk af mil

fti«i

718

Articlk IV. — P'lrcr-i imJ Dufics of OJicers.

^ 1. KvtTv jerson ilii»<rii or appointed to an pxeeii-
tive, jiiilii"ial or ailiiu»'istriiti\e otfiot- multr this act, sIihII,
belort" lie outers upon tlie ihities of Ins offii'e, take and
siib<oiibe the oath of otFn'e prescribed in the oonst'tiition
of Ibis state, and file the snine, du)y certified by Um
officer before whom it was taken, witit the city clerk.

§ -. The ma\or shall, brfore he enters upon the duties
of his office, in addition to the nsual oath, swear or atfirin
"that he will de\i»te so niueh of his time to the dnties of
bis office as an etfieienl and laithfiil «lisc'har^e thereof may
require." He shall preside over the meetings of the city
council, and shall take care that the laws of this state and
the ordinaners of this city are diil\ enfoioed, respected
ajid observed within this c:ty ; and iliat all other officers of
the city di<cliarc;e their re^jiective dnties ; and be shall
cause ne<rlii;ence and positive \ iolation of duty to be pros-
ecuted and punished ; be shall, from time to time, give the
city council such int«)rmatiorj and recommend sacli meas-
ures as he may deem adva. taj^et)ns t«» the city.

^* -J. He is hereby autliorized to call on any and all wliife
male inliLibitants of tijc citj or coui.ty, over the age of
eighteen ycar^, to aid in the enforcing the laws of the state
or the ordinan-'es of the city, and m casu of riot to call out
the militia to aid in suppressing the same, or carrying ir to
effect any Uw Or ordinance; and any person who shall not
obey such call shtll forfeit to sai I city a fine of not less
tlian five dollars, nor more than one hundred dollar''.

■thibtiortoota, .-^ ^- J'*' .sh.ill have power, whenever he may deem it

*^ necessary, to re({iiire of any of tb" officers of the city an

exhibit of all Ins t)ooks and papers; and fie shall have power

to execute all acts that jmx he recjuired of him by this act

or any ordinsince m;ide in pursuance thereof.

uiKtmMt. § •>. H'* shall be liable to in 'ictment in tlie circuit

cour! of McDonong'i county for paIpH*>l<* omission of duty,
williul oppreSHon, malconduct or partiality in the discharge
of the du'ies of bis office, and u;)(jn conviction rIihII be
subject to a fiiHr not exceeding one hundred dollars ; and
the court Kball have power, upon r'-'coinmendation of the
j'iry, to add as part of the judgin unt that he be removed
from office.

§ 6. He sbull recFivr sucb .salary as slmll be fixed by
ordinnn' f, not exceding s'X hnndrrd dollars per annum.
§ 7. Hm flbalt, ex officioy have pjwer to adminlMfet jwiy
oath required to b«; taken by ihi^ art or any law of tlia
«»ale, to take deposition<4, the acknowled^uunl ol detdflj
mortg;ig»'q and all other initrumentn of writing, and cer-
tify lliu lame, under the aeal of the city, which shall be
good end valid in law.

Atai>*ij««r

710 1857.

§ 8. In case of vacancy in the ofBce of mayor or ofliis vacancy.
bein^ unable to |tt'r(»)iiJi tlie dniits ol' his olfii-e, hj reason
ot" temporary or conhnued absence or sickness, the city
council shall appoint one ot its members, by ballot, to ])re-
aide over their meeiinj;'', whose otficial designation shall
be '.'actin<» maj or;" and the alderman so ap[ioiiitt'd shall
be Vested with all the ])OWers and peiforoi all the dudes
of mayor until the mayor shall assnnif his otfice or the va-
cancy shall be filled by a new election.

§ '.). The members of the city council shall be, exnf- Fire wardem
ficiu, fire wardens and conservators of the peace, within i^'if of-pe'.c*!''
the eity, and shall be exempt Irom jury duty and street
labor, or the p33ment of street ta.Kes, during their term of
office.

§ 10. The clerk shall keep the corporate seal and all c rporaie i^ai,
papers and books belonging to the city ; lie shall attend
all meetings ot t!ie city council, and keep a full record of
their procfedings on the journals, and copies of all papers
dulj hleil in his office and transcripts from the juiniials of
the proceeilings ol the city council, certilud b) liim, under
the corporate seal, shall be evidence in all couits, in like
manner as if the originals wtre produced ; he shall like-
wise, draw all warra its on the treasury and countersign the
same, and keep an accurate account thereof, in a nook
provided for that purpose; he shull, also, keep an accurate
account t»f all receipts anil expenuitures, in such manner
as the city council shall direct; and he shall have power
to administer any oath requiied to be taken by this act.

§ 11. It shall be the duty of the city attorney to ])er- City aiiorney.
form all profession il services incident to his office, and,
when required, to furnish written opinions upon questions
and sulijects submitted to him by the major or the city
council or its commiitees : ProvideJ, howevrry that the
offices of city clerk and city attorney may be vested in
the snme person.

§ 12. The city treasurer shall receive all moneys be- p«iy cf eit^
longing to the city, and shall keep an accurate account of '••''*""'^
all receipts and expenditures, in such manner as the city
council sliall direct. All moneys f:hall he dra>.'n from the
treasury in pursuance of an order of the city council, by
a treasury warrant, signed by the mayor or the presiding
officer of the city council, and countersigned bj the
clerk; such warrant shall specify for what purpose the
amount therein namcv- is to be paid. Tlie treasurer shall
cxliibii to the f'lcy c.Mitril, at least twenty days before the
annual election of each year, and oftener, if required, a
full and detailed account of nil receipts and expt nditures
since the date of the last annual report, and also the state
of the treasury; which account shall be fiUd in the office
of the clerk.

1857.

'•:o

Ci!j»»Ar»^i. ^ l;». The oiry m.»rslial sliall pprform 5?nch (hities as

shtftl bf )>re>cribi-i! li\ tlirrity ct»uiiril l(»i Uie prcst r\ ation
of lilt" puDlic |)faot', tilt* oollectidii of" lii'fiise inoiu^s, fines,
or otlierwist-; lie shall j»ossrss the powers and aulhority
of a constable, at common law and under the statutes of
this state, and receii'e like fet-s, but shall not vServe civil
process, without fif'^t enlf rini; into bond, as such constable,
to he aj»[»roved by the count) court as in other case s ; he
shill execute ami rt turn all proct^ss issued by any proper
otficer under this act or any or. inance in pursuance tliereof,
,^ 14. The city engineer or surveyor shall have the
Bole power, under the direction and control of the city
council, to surxey, within the -ity lit'nits; and he shall be
governed by sut^h rules and ordiinnccs, and receive, such
fees and einoluinents for his services, as the city council
shall direct and presciibe; he $hall po'^sess the same pow-
ers, in niakini; plats and surveys within the city, as is
given by l.iw lo county surveyors; and the like tlfcct and
'•alidity shhll be t;iven to hi" acts and to all plats and sur-
^•eys made by him as are or may be given by law to the
acts, plats and surveys of the count) surveyor; he shall,
when required, superintend the cmstruclion of all public
works ordered by tfie city, make out the plans and estimates
thereof and contrart tor the execntiiin of the same; he shall
peform all surveying and engineering ordere<l b) tlie city
council; shall, uyder their directitui, establish the grades
and boundaries of streets and allejs, but such plans, esti-
mates and contracts, grades and boundaries shall be first
r» ported t( the city council and approved by them, or thej
shall not be valid.

^ 15. The asst ssor and oollector sliall perform all du-
ties in relation to Hie a«ses>ing of projieity, for the purpose
of levjing the taxes imj osed by the city council. In the
performance of his duties he shall have the same powers
as are or may be given bj la^^v ♦<) county or town a<?essors,
and )*• siibj.ct to tliH same liabilities. On completing the
assessment li^ts, ^,i\ having revised and corrected the
same, he hImII sign and return them to the city cromcil ;
he sliall collev'.t all t^xes and a-<-««'S"<inents which rriay be
levied by the city conned, and perforin such other duties
as may be herein prescribed or ordained by the city
council. •

••KT^.**r. :') 1»>. The supervisor sliall superintend all locnl im-

provement* in the city, and carry into effect nil orders of
the city council in relation thereto. It shall alvo he his
duty (o suj'crintend and supervise the opening of streets
and »lJ«») <, and the grading, im|)roving and opening there-
of, anri f!. • er,n«itru<;tion and repairing of bridges, culverts
fl' <; to order thr l.iying, relaying and repairing of

si ; to give notice lo the owneri of property ad-

l*eu.r.

721 1857.

joininor such sidewalk*?, wlien required, and upon the fail-
ure ot any person to comply with such notice, to cause the
game to be laid, reUid or repaued, and apportion the
cost tlu reof among the ptTsons or lots prnpt'riy citargeable
therewith, and deliver the account thereof to the city
clerk, to be laid before the city council; to make plans and
estimates of any work ordered in relation to streets and
alleys, bridges, culverts or sewers; to keep full and ac-
curate accounts, in appropriate bctoks, of all apprrpriations
made for work pertaining to his office, and of all uisburse-
ments thereof, specifying to whom made and oa what ac-
count, and he shall render monthly accounts thereof to the
city council.

§ 17. The city council shall have power, from time to Require (Imom
lime, to require further and other du'ies of all officers <'"'*<=•'••
whose duties are herein j)rescribed, and prescribe the
powers and duties of all officers elected or appointed to
any office under this act, who:?e duties are not herein speci-
fic'illy mentioned, and fix their comj)ensation. They may,
also, require all officer^', severally, before they enter ujjon
the duties of th<ir respective offices, to execute a bond to
the city of iMicomb, in such sum and with such securities
as they may aj)prove, conditioned tliat they shall faithfully
execute the du'ies of their respective offices and account
for and pay over and d^livt r all moneys and other p.operty
received by thtin; whicti bond, with the approval of the
city council certified thereon by the clerk, shall be liled in
his office.

§ 18. If any person, having been an officer of said city, ponsuy for nef-
shalt not, within ten days after notification and request, iT^Vs*," &c'|*S»
deliver to his successor in office all the property, books, succck^r.
papers and effect^ ot every description, in his possession,
belonging to said city or apperiaming to his said office, he
shiill forfeit and pa), fur the use of Jie city, fifty dollars,
besides ail damages caused by his refusal or neglect so to
deliver; arid such successor may recover possession of the
books, papers and effects belonging to liis office, in the
manner piescribed by the T.ws ol this state.

§ 19. All officers elected or appointed under this act commiMioD«r«
shall be commissione'' by warrant, under the coiporate
seal, signed by the mayor or presidiiig officer of the city
council and clerk.

AaTiCLE V. — Of the L^giala'ive Powers of the Cihj Coun-
cil — Us dcntral P nvtrs and JJutus.

§ 1. Tiie mayor and aldermen shall constitute the city oitjoounoiu
council of the city. Ttie city council shall meei at such
time an<l place as ihey siiail by r»'s.)lution direct. T>'e
mayor, when present, shall preside at all meetings ol the
— ^J3

1857.

Itrvltac*-

•m r«« K va ^7

dtv council, and sbnll Imve only a casting vote; in Ms
•h<tncc aii> one <if tin' alilcriiuii iiih\ In- I'ppointt (I to pre-
side. A nmjority ol the juimus e 1< cttil uldtrmen shall
constitute a quiTuni.
^» 1 ^ ». No nunilu r of tlie city council siiall, during the
|>rrii>d for whioli he is i lr( ttd, reeeive ai.y ot)ni|'Cii.««Htion
lor hi«» siiVKMJf, or he Hppoiiitfd to or bo conipettnt to
held «n> t'ffu p « f u hirh tin- « Hiolmnt iits are paid troni the
city treasury, or p;iid hj tets dir«ct»'d to he paid hy pny
art or ordinance of the city council, or be directly or in-
direct!} intercsttd in any contract the cxjienseor consid-
eration wiertol are to paid utider any ordinance o» the
cit\ loi.MiI. or lie HJKiued to vote in an} uuitter in which
be is din-otly interestrd, p^rsoiiHlly or pecuniarily.

§ r>. Ttie city eonrn-il .sh:ill hold Uvelve vStoti d meet-
irp<, one in earh month, «luiing the ^ear; and the mH>or
or any two aldeimen, may call special meetings by notice
to earli of the m» mhcrs of the couiicil, served personally
or I» ft at their u-ual pl.tccs of abode. Petitions and re-
mon!«fances ma) he pres* nt«d to the city conncil; j^nd they
shall determine the i ule of th» ii own proceedings axl he the
judg> s of the election and cjualificrttion of their own nn m-
t>eM; j'.nd «halll.tt\e power to compel the attcndajice of
absent uiembt IS

§ 4. Tlie vMt> couniMl shall have ♦he control of lln- finnn-
ces and of all the prfip«tty, ir;il, personal and mix< d. be-
longing to ttio corporaii««!i; and shall likewise have power,
wiiliin the jiiri->'«lii'tion oi the cit\, hy ordinance,

First — Til borrow mone^ on the credit of the city, and
i^tjioe the bniujs f.l the eit} therefor; but no sum of money
jthall be borrow t-d at u lufhi r rale «if interest than the rate
allowed by law, n.ir sIihII h greater --nm or sums he bor-
rowed, or at any time 0Mt^t^)ndi^g, the inter<st upon the
•irCegate ol whi« h shall ex'eed the one-half of the city
fevenie aii«in;: ffom il • <»i'tin;M} taxes within tl e city for
the )ear ifnnM-diHt»-ly prt ''edii.g, aiul no bonds shall be is-
in\t'i\ or nego'iated at l< »>s iltan par vahie. The appro-
priationn "I 'he city cour cil for p:i3ment f»f interest for
iinpi'ivf nient>, and tor the cit> exjitnsev, during nny one
fl«eal jear, sb..ll not exeeed the amount of the wlude or-
diiiarj rei'enue of the f ii\ fnr th»' lineal year immediately
pit reding; but \)}% (it\ enuticil niny apply any surnlu.«i
m'lni \ ill the tre:i«iii\ to the ext iiuMii^huie nt of the city
deh\ ».r to the creation of a •<inl<iiig lund for that purpose,
or » ' I •• "nrryutg on of the pulilic MK>rl(« of the citVi or
to iigent fund iiT the (ontingeut expenses cf the

T'» npprnpriate money, »'nd to pro\id«' for the
|», debt* und expenses ol liie city.

?2l 1857.

Third — To make r«>p;ulali()ns to prevent tlio introiluc- IM'ca^t.»
tioa ot ooiita^^i'MH (li>'fd««s into ttit; oily; lo iii.ik*' (juaran-
(iiiu laws tor ilia* |)ur|)i)Si', and to tiitorce tlieni widiin tlie
city and witliin live milis llieifot'.

Foiirtli — To make re^uldlion>} to secure tl«e general "'"»"*'
healtti and uomt'ort ui tliu inliabitauts; to prevent, abate
and remove nui-^ances, and punisli the autliors tliereot by
penaltit-s, tine atxl impri-tonuienl; tu detine and declare
w'i'it sh.tll be deemiMJ nuisances, and autliorLzo and direct
t!l • sntnnMPy aliatenient tliereol".

Fifth — To provide tbe city with water; to make, regti- w^s'»f
late and establish public wells, pumps and cisterns, by
hyd'ants and reservi>irs in the streets, witliin the city or
beyond the limits thereof, for the extinf^uishniput of fires
and th'" convenience ol the inhabiia.its, and to prevent the
Unnces^ary waste of water.

Sixth — To have the exclusive control and power over ^■^^•^'^'^^•^
the streets, allf-ys and highways of the city, and for one-
half mile beyond the limitj of .*-aid city, and to abate and
remove' any encroachments or obstructions thereon; to
open, alter, abolish, wid'-n, extend, ^tiai^hten, establish,
regulate, grade, clean, or otherwise improve the same; to
put drains and sewers therein, and prevent the incumbei ing
thereof in any mrinner, and protect the same from any en-
croachmiMjt or injury.

S, vinlh — To establish, erect, construct, regulate and "'"Ir"'
keep in repair bridges, culverts and sewers, sidewalks
and cro53ways, and regulate the constrnctiou and use of
the same, and to abate any ol>structi )ns orencroachments
thereoi; to establish, alter, change and straighten the
channels of water courses and natural drains, to sewer
the same or wall them up and cover them over, and to
prevent regulate and control the fitting u]», altering or
changiiu? the channels thereof by private persons.

Eii^hth — To provide for lightitigthe streets and erecting Li?iitir,(riiirrru.
lamp posts and lamj)3 therein, and regulate tlie lighting
thereof, and from tim j to time create, alter or exien-l lamp
districts; to exclusively regulate, direct and control the
laying and repairing of gas pipes and gas lixtuies in the
Streets, alleys and sidewalks.

A'inih — To establish and erect markets and market "»'>"-*'••
hou-'es and other public buddint^s of the ci'y, and provide
for the government and regulation thereof, and their erec-
tion and location, and to authoriKe their erection in the
streois and avenues of the city, and the continuation of
iuc I a-* ar»* already erected within the same.

Tenth — To provide for the inclosing, regulating and innf '«*"<: frcuLdi.
proving all public grounds and cemeleiiev, hehingin<' tO
the uity, and to direc:and rt,.;ulatu the planting and pre-

1857. T24

•erring of ornRmental and shade trees in the streets or
piiMio grounds.

r.lrvi ulh — To erect Hn«l i-stablish ont » r more liospitalt
or iHspt'iisarifS, and cinitiol Hnd regulrfir the same.

Ill - •-, ^ Tntljth — To prevent the incuinberinij of the streets,

■»•'■■ allf)S, sidewalks or puh ic grounds wiili carriages, wag-

on<, carts, wheelbarrows, boxes, lumber timber, firewood,
po^ts, Awniiigs, >igns or any oti.er sub. tance or matiri-
al whatever; lo compel all peisons io Vr p tl e snow, ice,
dirt and other rubl)ish trom the sidtwalks and street gut-
ter in front of the premises occupied by them.

^%M. Mvrckuis Thirtctuth — To license, tax, and re«^iilate merchants,
^'- commissi*^ merchants, innkeepers, bn.kcrs, money bro-

kers, insur.tnce brokers, and auctioneers, and to im])Ose
duties upon the sales of goods at auction ; to license, tax,
regulate, suppress and prohibit hawkers, peddlers, pawn-
brokers, grocery keepers and keepers i ! ordinaiies, the-
atrical or other exhibitions, shows and anuisements.
, FnurttttUh -To license, tax, regulate and stippress

liackmen, draymen, omnibtis drivers, porters, and all
others pursiiiiig like occupations, with cr without vehicles,
and prescribe their compensation, and to regulate and
restrain runners, for stages, cars an*] public houses.

miuam uti»-, /■///«-< ri/A -To license, tax, regulatt , prohibit and sup-
press billiard tables, pin alleys and ball alleys; to suppress
and lestrain disorderly houses, tijipiin}' shops and gro-
ceries, bawdy houses, gaining and gain'tling houses, lot-
teries and all fraudulent devices and practices, and all
playing of cards, dice and other games of chance, with
or witliout betting, and to aulhori/e the destruction of all
instruments and devices used f()r thcpur|")e of gaming.

Sixteenth — To iiuthori/e the projx-r oH-'mt of the city
to grant and issue licenses, and to direct tiie manner of
issuing and registering thereof, and the fecj rmd charges
to be paid therefor. No license shall be grunted for more
than 4'Me year, ant? not leos tban ihre-- dollars nor more
than fi^e humlred dollars shall be charg (1 for any license
under this act, an«! iIik lee"? for issuing t!ic same shall not
exceed one dollar; hut no license for the sale of wini-s or
olher liquors, ardent ur vinous, fermented or malt, ot
wholesale or retn i, by gro(!ery keepers, innkeepers, or
oth^-r", shall be i'Mied for less than fifty <lollnrs.
,t.«(ia« .S>f.r/irf^///A T') restrain, regulate and pr<i|iil)it the sell-

**•*"'* ing or giving anay of aiiy int'iXK ating or niali lifp-.-rr^ by

any prrxnn wilhin tlie city, '-r within one half mil< of the
Jimitii of laid city, except by persons duly licrnp* d. To
forbid and punish the selling or giving away any irMoxica'
ting or mill Ixjiiors to anv minor, apprentire, or servant,
wiihr>ijt the cuuscnt of tne parent, guardian, muster or
mutresi.

725 1857.

Eighieenih — To prf^vent, restrain and punish forestal-
lint4 uMti regratiug; to re^ul-ite the iiispection and vending
ofhesU meats, poultry and veg^-tables, of letter, lard and
otiier provisions, and tne place and inaunur of selling fish
and inspecting the s ime.

A'inehcnth — To regulate, license and proliibit butchers »"i':'>«''»-
and li» revoke their licenses for inulconduct in the course
of trade.

TuHiUkth — To establish standard weights and measures, '^j^''^j|'jjj„ '•*
and regulate the weights and measures to be used within
the city in all casts not otherwise provided by law; to
require all traders or dealers in merctiandize or property
ol any description, which is sold by measure or weight,
to cause their measures and weights to be tested and
sealed by the city sealer, and l) be subject to his inspec-
tion. I he standard of such weiglits and measures shall
be conformable to thoso established by law or ordinance.

Tioenty-Jirst — To regulate and provide for the inspect- Li»w«r,k*
ing and measuring of lumbe'-, sliingles, timber, posts,
staves, heading and all kinds of building materials, and
for the measuring of all kinds of mechanical work, and to
appoint one or more inspectors or measurers.

Twenty-second — To provide for the inspection and n^y, ^.
weigiiiig oi hay, lime and stone coal, and the pUce and
manner of selling the same; to regulate the measurement
of firewood, cliaroal and otlier tuel, to be sold or used
within the city, and the piacu and manner of selling the
•am i.

'I wcnty-third — To regulate the inspection of beef, Bee^ii*.
pork. Hour, meal and other provisions; salt, whisky and
oilier li([uors, to be sold in barrels, hogsheads and other
vessels or packages ; to appoint weighers, gangers aivd
inspectors, and prescribe their duties and regulate their
fees: PruiiJed, that nothing herein shall be so construed
as to requl.e the inspection ot any articles enumerated
herein, whioh are to be shi,)|jed beyond the limits of the
state, except at the request of the owner thereof or his
agent.

Twenty foHvlh — To regulate the weight and quality of bv«mi.
bread, to be sold or used wiiliin the city

Twnty-J'iflU — To regulate ilie .size and quality of bricks, Bri«kt.
to be sold or used withiu the ciC), and the inspection
thereof.

Twtnty-sixth — To create, establish and regulate the r^tm.
police of the city ; to a()point watchmen and policemen,
and prescribe their duties and powers.

'Twenty-seventh — To prevent and suppress any riot, %twt.
rout, affray, noise, distuibame or disorderly assembly,
in any public or private place withiu the city.

11^7. 726

■•^ms >-•

4i«:artrftt>««.

Vaiaaaoai.

»«««rri>», S'

Ttrciilif-ris^hlh — Ti> proliihit. prevent nnd ^rippref;;! l)orse
racini;, innntxit r«te ii«lii'£Tor tirivini^ in (lie .<(itf ts, jtiid to
authonzt- |ifrsi>ic« immiMhrately ridincf or di i\ ing, as alore-
sai'J, to be stoppfd by any person; to ])ioliibit and punish
the abuse ot" animals; to compel perso!.s to fasten their
hi>rs»*s or other animnl-j aMachfd to vehic'les or otherwise,
w!iih> standinjjj or ri niaitiing in thr streets. «

'J'trt tifi/ ntuf/t — To restrain i\\n\ punish vagrants, men-
dicants, street be^jTrtrs and prostitutes.

Thirtieth — To regulate, restrain or prohibit tlie running
at large of horses, eatth\ swine, shtrp, goats and geese,
and to' authorize the distraining, iinpoundiiig and sale
of the s,ime, for the costs of the proceedings ami the pen-
alty incur rt'd, and to im])ose pc nalties on tin- owners tbere-
of f»>r a viid^tiiin of a j ordinance in relation thereto; to
regulate, restrain and prohibit the running at large ot dogs,
and to atithorize their dt struction when at large contrary
to ordinance, -uid to impose penaltii s on the owners or
keepers thereof.

Thirfij first — To proliihit and restrain tlie rolling of
hoop^, (lying of kitfs, or any other amusemtnts or piac-
tices tending to annoy persons passing on the streets or
sidewalks, or to frighten horses or te:\rns ; to restrain and
prohibit the ringing of bells, blowing of horns or bugles,
• r^ing of goods, and all other noises, j)eifo)nianees
and practices, tending to the collecting ot persons on the
streets or sidewalk*, by auctioneers and others, tor the
purpose of business, ainuseinent or otherwise.

Thirti/'Sernict — To abate :ill nuisaiic* s which may injure
or atFect the j)ublic health or comfort, in any inannt r they
may deem ♦•xpedient.

Thirtjf-third — To <lo all acts and make all regulations
whit h may be necessary or ♦'xpedient tor the promotion
of health and the suppression ot disease.

Thirtij J'.u, /h — To compel the owner or occnpant of
any groeer). cellar, soap or tallow chandler or blat ksuiith
shop, tariuer}, stable, privy, sewer or other unwhole-
some or nauseous house or place, to cleanse, renifive or
abate the sam»-, as may he necessary for the health, com-
fort an I conxenience of the inbabitants.

Thirfij-Jif/h — To diiect the location and regnlate the
n>anag» mvnt and eotist nietion of hreweiies, tanneiies,
bliicksmith sliops, fonndei ies, livery slabh-s and pai king
hou«e« ; to direct the locHlron and regulate the manage-
ment and construction of and restrain, abate and )»ioliibit,
wi'bin tlie city and to the dr-'tance of one mile fiom the
Jimiti ttierrot, disfillene«(, slangliter ing establishirwiils,
e.»trtbli«hments f«)r steaming or ii rider ing laid, tallow,
<>(r<il and such other subslances a^ may be rendered, uitd all

127 18n7.

other establishments or places wliere any nauseous, offen-
sive or unwholesome business may be carried on.

T/iiHiy-^ix'.i-*-To regulate the burial of tlie d afl; toes- B-risiof 4.«^.
tablish and re>j;ulate one or more cemeteries; to rtgulatu the
registration ut births and deaths; to direct the returning; and
kee|jingof bilKsormortality, and to imj)ose|)eaakifS on j)liysi-
cians\ andst'xtons, anil others, for an} default in the premises.

T/iu-f//-S(vvn/h—To provide lor the taking an enumera- ^Z'^Z'^^u. "
tion of tue inhabitants of the city.

Tkirly-eifrktk — To erect and establish a workhouse or workhon»e.
house of correction, make all necessary regulations there-
for, and appoint all necessary keepers or assistants. In such
workhouse or house of correction, m^y be conhned all va-
grants, stragglers, idle and disorderly persons, wlio may be
committed thereto by any pioper officer, and all persons
sentenced by any criminal court or magistrate, in and for
the city, or for the county of McDonough, for any assault
aud'battery, petit larceny or other misdemeanor punishable
by imprisonment in any county jail; and any person who shall
fail or neglect to pay any hue, penalty or costs imposed by
any ordinance of the city, for any misdemeanor or breach
of any ordinance of the city, may, instead of being com-
mitted to the county jail of McDonough county, be kept
therein, subject to labor and confinement.

Tliirtiinuilh — To authorize and direct the taking up ^»ro keeping •*

. ^ 1 ' 1 • I ■ 1- I ciuldrea desu

and providing tor the sate keeping and education, tor sucli tme of prop»r
perii)ds of time as may be deemed expedient, oi all child-
ren who are destitute of proper parental 6are, wandering
about the streets, committing mischief, and growing up in
mendicancy, ignorance, idleness ard vice.

Forttetli—To fill up, drain, cleanse, alter, relay, repair Drains, i..
and regulate any grounds, lots, yards, cellars, private
drains, sinks and privies, direct and regulate their con-
struction, and cause the expenses thereof to be assessed
and collected in the same manner as sidewalk assessments.

Forf/ first — To direct and control the lajing and con- Ruiirosd irafu-.
structiiiu of railroad tracks, bridges, turn outs and s vvitchts.
in the streets and alleys, and the location of depot grounds
within the city; to require that railroad tracks, bridges,
turn-outs and switches shall be so coi.structed and laid
as to intfcifere as little as possible with the ordinary
travel and use of tlie streets and alleys, and that sutTKient
Space shall be left on either side of «aid tracks lor the safe
and convenient passage of teams and persons ; to require
railroad companies to keep in repair the streets through
whijii lijeir trajk m\y run, and to construct and keep in
repair suitable crossing-? at, the intersections of streets and
alle)s, aiul dit'hs, sewers, and culveits, wlien the. cify
couuc.l sliall deem necesiary ; to direct and prohibit the
use and regulate the speed of locomotive engines within

IftST. 788

the JnliaMted portions of the city ; to proliibjt nnfl re-
strain railroad coinpaiiies from doing stt>rHge or ware*
hous" business or ot>llectipg pay (or stor»pe.
^if^^g,^, Fi>rti/-scc oit/ — The lity loiuuil sIihII liave powrr to

pa<s, publish, amend and rept-al all ordinnnce?, r\»Its and
police ree*''*^'on^, not contrary to the constjuMion
of the I'nited States or of this state, for the good
government, peace and order of the city, and the tra'^o
and commerce thereof, that miy be necessary or proper
to carr) into otfect the j^owers vesteil by this act in the
corporation, the city governmtnt or any department or
o;fice thereof; to enforce tlie observance of ab such rules,
ordinances and police regulations, and to pvinish viola-
tions thereof l)y fines, penalties and imprisonment in
the county jail, city prison or workhouse, or both, in
the discretion of tlie court or magi-^trate before whom
conviction may be had ; but no fine or ])enally shall
excepd five hi-.m^red dollars, nor the imprisonmefit' six
months, for any ofTence ; and stich fine or penalty may be
recovered, with costs, in an action of debt, in the name
or for the use of the city, before any court having juris-
diction, and ]>resentment; inJlicted and any person upon
whom any fine or penalty is imposed, shall stand commit-
ted until the payment of the same and costs, and in a de-
fault thereof, may be imprisoned in the county jail, city
prison, or workhouse, or required to labor on the streets
or other public works of the city, for such time and in
■uch manner as may be provided by ordinance.

Article VI. — 0/ Taxation.

5 1 The city council shall have power, within the
city, by ordinance,
>.,^ First — T'l levy and collect, annJially, taxes not exceed-

ing five mills to the dollar on the assesf»ed value of all
real and jiersonal istate and property within the city, and
•II personal proju-rfy of the inhabitants thereof, made tax-
able by the laws of ttie state for state purposes, t ) defray
tlie general and contingent expenses of the city not herein
otherwiii- provided for ; which taxes .shall constitute the
g»'ii»'rdl fund.

SrcTid — To nnnuHlly \v\y and ccjllect a sclior)! tax, not
exceeding five mills on the dollar, on all property tHxahlo
for state purposes, for purchasing ground for school
liouaeii, biiihling and repairing school houses, lind suj)-
porling and m.-iintaiiiifig pcIiooIm.

"turd — To levy ntid collect taxev, r f)t exceediiig fi\o
mitli fo the dollar per annum, on all pioper'y sulj< ct to
taxation, to meet tin- intere^ft accruing on the debt of the
citjr. And lli#» city council shall pass no ordinance or

729 1857.

re5?nluti*on in^urn'npj or rrenlinp a Hpht wifhout, at Ihe
same time, making provisions lor llie IcMjing a tax siitfi-
cient to meet the j>a} ment of llie iutercst accruing thereon
when pnyahle.

Fourih — To annually levy an(] coHrct taxes on all pro- t*s for city h»-
perty subject to taxation, when reqtiincl, for the erection ^^'^'
of a city hall, m;irk»'ts, hospital, city prison or work hoii«!e,
the purchase ot market grounds, public squares or j arks,
or any other publir improvements: Provided^ the estima-
ted costs of a city hail, work house or market house may
be apportioned by the city council, and col.'ected by a
series of annual assessments. But the costs of market
grounds, markets, publir squares, or other improvements,
may be le\ied and collected upon all the real estate and
other property in the natural division of the city in which
they are located. No local improvement under this sec-
tion shall be ordered in any division, unless a majority of
the aldermen thereof shall \o\e in favor of the same. But
no tax or taxes shall be levied in any one year under this
section which shall exceed one cent to the dollar on the
property assessed for any or all the ptirposes herein
specified. The revenues arising from such maiket or
other improvements shall be applied to the liquidating
the costs thereof, and taxes shall be levied and collected
to m4ke up the defici ncy.

Fifth — To levy and collec*, u})on all property in such Tax t»i unp
district as they shall, from time to time, create, a tax *^''**
sufficient to defray one-half of the « xpenses of erecting
lamp posts and lamp^, and lighting the streets in such
districts; and the tax thus collected shall be f xclusively
expended for such purposes in the district pajing the
same.

Sixth, — To require (and it is hereby made the duty of) street u>.
everj male resider t of the city over the ag*^ of twenty-
one years, and un{'er the age cf fifty 5 ears, to labor three
days in each year upon the str.-ets and alleys of th,.' city;
but any person may, at his option, pay in lieu thereof two
dollars: Provided^ the sjime si. all be paid witi in ten days
after notification by the supervisor. In default of pay-
ment as aforesaid, tie sum n| three dollars and costs may
be collected, nuH no setoC tihall be allowed in any suit
brought to collect the same.

Article: VII. — Of ^Isscssmcntsfur opening Streets and

Alleys.

§ 1. The city council shall have power to open and ''nbiie trc<
lay out ])uhlic gro inds or sniiHres, streets, allejs and
highwajs, >ind to alter, wi'^en. constiuct, straighten and
di:iCoutiuae the s^me ; but do street, alley or high-

186T. 730

way, or anv part tlu reof, sluiU be tllscon(inuo«l or con-
tr»cC»**l» williout llio rojist nt, in wriliiifj, o( all ptTSons
o«'iiiii<; Uiul or lots atljoiiiing said street, alley or lii^livvity.
Tney sliiil cause all streets, alleys and Iti^liways, or
public squares or grounds, laid out by tlteui, to be sur-
wyed, described and recorded in a book to l)e kept by
Ibe clerk, suowiiii» at.ourately and particularly tli<' pro-^
pd^ed iinprovejuents and the real estate r"qiiiri<d to be
tak**!) ; Hitd tlie sanic, wiieii opened and iniide, sliuU bu
public highways and public squares.

- -fi ^ -. Wli«-never any street, alley or iiighwny, public

ground or squnre, is proposed to be laid out, opened,
altered, widtiied or straightened, by virtue hereof, and
the amount of compensation cannot be agreed tipon, the
city council shall give noiice uf their intention to appro-
priate and take tiie land necessary (or the same to the
owner tliereol, by publishing said notice fv»r tt>n days in
the newspaper publisl.iiig the ordinances of the city; at the
expiration ot whicli tinif tht-y shall choose, by biilhjt, three
dis.iiierested frerholdtrs, residing in the '"ity, as con»mis-
f i Mier'), to ascertain and assess the damages and recoin-
pt-nse due the owners of said real estate, respectively,
and at tlie same time, to determine what persons will be
benefitted by such iiii})rovtMnt'nt, and assess the damages
ami expenses thereof on the real estate bfUtfitleil tlier« by,
in proportion, as nearly as n»ay be, to liie benelils result-
ing to each. A majority of all the aldermen aulh<jri/ed by
law lo be ejected, shall be necessary to a choice of such
comriii^sioners.

»wf. ^ •{. Toe romrai'?sioners shall he sworn faithfully and

iin|Mrlially to execute thtir duties, to tin; best of iheir
abi ilii'<; t)»fi)fe entering upon their diilie*.-, the) shall give
at least five days' notice to all persons interested of the
time and place of their meeting for the pur])06ti of view-
ing the premises and making their assessments; which
noii<e slirtll t)e given personally, if the owneis are resi-
dents and known, or by publication in tlo} newspa-
per piiblMhifig the ordinances of the city, if noniesi-
denli or unknown; they shall view the premises, and in
their di<icreiioti, receive any legal evidence, and may, if
ner»'<<ary. adjuirn from day to day,

vtfvtuM, bi« i t« If (here 0hou! 1 be a:iy biihiingi standing, in
***•■ whole or in |»Hrt, upon the land to ht; takt n, the (owimis-

iiionrr«, bffori; proceeding to make tloir assessment, sliull
fir4t e<itini.itc and dt tennine the whole value of such
building to the owner, aside from the vnlue of thn land
and til*' ae'iMl injiry to him in having such building taken
Iroro bim; and, iccuiidly, the value ot such building to
him, to remove.

731 1857.

§ 5. At least fivr day!' nofioe shall be givpn to the Kotiea.
owiHT, of sucli (ItMeniiination, wlinn known aiiti a resident
of t!.e city, which iniy be given personally, or in writing,
left at his usual place of abode. If a nctnresident, or
unknown, like* notice to all persons interested ^hall be
given, by puhiicatiirj in the newspaper puhiij'hing the
ordinances of the iiiy- Such notice shall specify tha
buildint^s and the award of the cominissioneif', and shall
be sii^ned by them. It shall also require the persons
interested to appear, by a day to be named therein, or
give notice of tluir ehciiori to the city council, either to
acrej't the award ol the coinmissiouers and allow such
buildiiif^ to be taken, with the land condemned or appro-
priated, or of their intention to receive such building at *
the value set thereon by the commissioners, to remove.
If tht! owner shall agree to remove such building he shall
have stich reasonable time for that ptirj)0se as the city
council may direct.

§ 0. If the owner refuses to take the building at its s»:oor tuiuuv.
appraised value, to remove, or to give notice of his
intention, as aforesaid, within the time prescribed, the
city council shall hav<' ]>ower lo direct the sale of such
building, at pul*lic auction, for cash, or on a credit,
givint^ five days' public notice of the sale. The iirf^cceds
of the sale shall be paid to the o;vner or deposited to
his \i<e.

§ 7. The commissioners shall thereupon proceed to A<'c«nncni •/
make their assessment, and determine and appraise to the ''•"""b*?"-
ownnr the value of ihe real estate appropriated, and the
injury arising from the coiulernnati..n theieol, which shall
be awarded to siicii owner as damages, after making due
allowance therefrom for any benefits which such owner
may derive from such improvf inent. In the estimate of
damaqe to the land, the commissioners shall include the
value of the build. ng<, (if the property of the owners of
the land,) as estimated by them as aforesaid, less the pro-
ceeils of the sale thereof, or if taken by the owner at the
vaJUH! to remove, in that ease they shall only include the
difference between such value and the whole estimated
value of such building.

§ H. U the damage to any person be greater tlian the strike b»UM«.
benefits received, or if the benefit be greater than the
damai:;e, in either case the commissioners shall strike a
balance, and carry the difference forward to another
column, so that the assessment may f-how what amount is
to be rec -ived or paid by sucli owners respectively, and
the difference only shall, in any case, be collected of or
paid to them.

§ '.'. If the lands and buildings belonging to diff.rent
persons, or if the laud be subject to lease or mortgage,

1857. 732

the injury done to such persons respectively may be
• wariieil t > ihem l)y tlie counnissiotiers, less the benefit
resultuji; to them respectively from the iinprovemcnls.

ft#v«rm ' »..^«^ 5 l^'- Having asoertainej the damages and expenses

^^^ ' r, " otsuoh improvenient as aforesaid, the commissioners shall
ther»'>ipoi» apportion aiul assess the same, together with
the costs of the ])i oceedings upon the real estate by them
deemed benefitted, in proportion to the benefits resulting
from the improvements, as i.early as may be, and shall
describe the real estate upon wliich their assessment may
be made; when completed, the commissioners shall sign
and return the sarue to the city council, within thirty days
of their assessment.

««u«»- tj 11. The cleric shall give ten days' notice, by publi-

cation in the news|);iper publishing the ordinances of the
city, that such assessment h«s been returned and on a
day to be specified therein will be confirmed by the city
coun-'il, unless objections to the same are made by some
])erson interested. Objections may be heard before the
city council, and the hearing may be adjourned from day
to day. The council shall have power, in their discretion,
to confirm or annul the assessment, or refer the same
back to the commissioners; if annulled, all the proceed-
ings shall be void — if confirmed, an order of confirmation
shall be entered, directing a warrant to issue f(*r the
collection thereof; if referr^'d back to the same or other
commissioners, they shall proceed to make their assess-
ment, and return tlie same in like manner, and give like
notices as herein required in relation to the first; and all
parties ii: interest shall have the like notice and rightS)
and the city council shall pi^rtortn like duties, and have
liLe powers, in relation to any subse(]uent determination,
as are herein given in relation to the first.

Ira*** •;<n- § 12. Tlie city council shall have power to remove
commisttoners and, from time to time, appoint otliers in
place of such as may be removed, refuse, neglect, or are
unable, from any cause, to serve.

§ i:i. The land required to be taken for making,
opening, widening, straightening or altering any street,
alley or other hi;^hway or |)ui)!ic groimd, or square, shall
not be appropriated until the dam<»ge3 awarded therefor,
to any owner thereof, under this act, shall be paid or
tendered to such own»'r, or his agerit, or in case such owner
or his agent cannot be found in tlie city, depo(<iled to hi.s or
their credit, in some safe place of deposit, other than
the hands of 'he treasurer; and then, ami not before, such
lands may be taken and appropriated for the purpose
r«'q'iirefl in making sndi imjirovements; and such streets,
•1W)S or other highwayi or public ground may bo made
eud opened.

mtt»t«m*r».

733 1857.

§ 14. When the wliole of any lot or parcel of lanrl, or
other premises, under lease or other cimtracf, shall be
taken for any of the purposes afort said, by virtue of this
act, all the covenants, contracts and eiig«gements between
landloid and tenant, or any other contracting parties,
touching the same or any part tlie»eof, shall, upon the con-
firmation of the rt port of the commissioners, respectively,
cease and be absolutely discharged.

§ 1.'). Wh^n i)art only of any lot, parcel of land, or whcopartiau.
other premises, so under huse or contract, shall be taken
for any of ihe purposes aforesaid, by virtue of thi> act,
all ihe covenants, contracts, and engagements respect-
ing the same, upon the confirmation of the report of the
C)mmissioners, shall be absolutely discharg< d, as to that
part thereof so taken, but shall remain valid as to the
residue thereof, and the rents, consideration and pay-
ment reserved payable and to be paid lor, or in respect
to the same, shall be so proj)ortioned as that the part
thereof justly and equitably payable for such residue
thereof, and no more, shall be paid or recoverable, in any
respect, of the same.

§ IG. Any person interested may appeal from any app«»'
final order of the city council for opening, altering,
widening, or straightening any street, alley or other high-
way or public ground, to the circuit court of McDonongh
county, by notice in writing to the mayor, at any time be-
fore the expiration of twenty days alter the passage of said
final order. In case of appeal, tlie city council shall make
a return within thirty days after notice thereof, and the
court shall, at the next term after return filed in the office
of the cleik thereof, hear and determine such appeal, and
confi'"m or annul the proceedings; from which judgment no
appeal or writ oft rror shall lie. Upon the trial ot appeals all
questions in^'olved in 5aid proceed ings, inchniing the
amount of damages, shall be 0['en to investigation, by
affidavit or oral testimony adduced to the couit, or upon
application of the city, or any party, the amount of dam-
ages may be assessed, by a jury, in said court, without
formal pleadings, and judgment rendered accordingly ;
and burden of the proof shall, in all cases, be upon the
city to show that the proceedings are in conformity with
this act.

^ 17. In all cu-'es where there is no agreement to the Ljn.iiorei« —
contrary, the own« r or landlord, and not the tenant or oc- ■*••*""'"
cupant, shall be deemed the person who shall and ought to
pay and bear every assessment made for the expense of
any public imprnvement. WIk n any such assessment
shall be made upon or paid by any person, when, by agree-
ment or by law, the same ougt.t to he boine or paid by
any other person, it shall be lawful fur one so pa}ing to

»M«»Ml>CIklS.

57.

r«M

jrne for and recover of the persons l>oiin«1 to piv the same,
{h*- anmunt so paiil, wiili iiitert-st. Notltini; Ik rein con-
tninfd shall, in »ny way, impair or affect any a<»reeinent
bfTween Undlord any tenant, or other per«on, n ^inoting
the payment of siioli i\5sessinrnt-^.

^j„. jj Iv*^, The city couniMl mav> hy onlin«nce, make any

chans^es they may deem nd vi>'i\Ulf in the jjroceiilings
herein pre-^cribed, lor a^certainins; the damages and injury
ocoasiuned to any person or real estate, hy reason ot the
condemn »tion o\ such real estate, or any real estate npon
whi.'ii any buililint^^ m.iy be situUed, in whoK* (ir in part,
and the assessment of suidi dHmajres aiul injury npon per-
sons or real estate bonetitted by the improvement, and in
•11 «iicli otiter respects :is experience may siigi»est.

bujfinfinu ^ liK When any known owner, or other person havinnr
an interest in any real estate, residinirin the ciiy, or else-
where shall bean infant, and any pr()ceedinii;s shall be had
nnd«r this jict, the jnds;e of the circuit court of McDonoiiirh
cnnii'T, the county jnHge of saitl county, or any judfre of
the snpreine or circuit courts may, upon tlie apjditrationof
the city council, or such intant or his next friend, appoint
a pruardian for such infant, takio}^ security from such
guxiflian for the frfith''ul execution of sudi tru<?t, and all
notices an<i summ inses required by this act shall be served
on such guardia!!.

Article VIII. — Puhllc Lnfirovemcnh and ^^sscssmen/a

/here/or.

^ 1. The city council shall have power, from tim'i to
timr. to cause any street, alley or other liighway, to i.,t
graded, regraded, leveled, paved or jdajiked, and keep
the name in repair, and alter and change the same.

Sfcnnii — To cause side and cross walk-, main drains
•nd "fWiT^, and private drains, to be constructed and laid,
reUid, rlean«»«-il nrid repain^d, and r«gtilate the same.

T/itrt/ —Vit tjr.ide, improve, protect and ornament any
public oquare or other public grotind, now or hereafter
Isi I cut.

F>nirth — The city council shall have power to asgrss and
colltTt <»f till' owners of lots or rer.l e-tate on any street
or otii«T highway, or any part thereof, in the same manner
a* olht-r < ity tax»^, or in such a manii' r as may he pre-
prri^iril by ordinanc*, for the purpose of grading, paving
r.r idanking such strt et or other highv a;: Prowlid^ that
fi ir I tux ftMli not ('xcpcd five mUls per annf.m of the
\a\w' of ih" pr'»p«>rty psBcp<ed.

% 2J. That lor th« purpose of eitahli' hing a system of
sewrr g«« and drMina^M*, ihe city cn>in(-il may havi? power
t*» I »»«Mi- til"' f:ity to »<M Iwid off into Hi-<t»ifts, to f»e (iiained
by piineipal and lateral or tiibutary newers or drt>ins.

If 1 1 II ■ I ff

%'.«Mmti\*

• •l» CtHTMM.

735 1857.

Iijivinfj reference to a cjeneral plan nlMrainfige, by sewers and
drains for tlie wIio'h city, iUicJ iiiimlM rand ic'ct)nJ tfie .'aine.

§ 8. Tlial wliene\»r a majority in numbtr of tie own* Spccin «»i
ers ot real estate within any district ^liall petition tlie city
connrii («)r the constj nciion of such diains or 5i wirs in
SMch district, the lity council si nil ha\ e power to It vy and
Collect a special tax on tln> real estate willnn the district
so drained, and not to exceed five tnills to the dollar, ])er
aniiMin, tm the ;is<essed value thereof, for the purpose
of construi '.iog such seweisand drains; which tjixsh; ll he
annually levieii and collected as other city t^^xes hj law,
and shall constitute a lien on the r«al estate in the district
in which il is assessed; and the city council shall lnvo
power to provide for tiic construction and letting ot such
sewers and drains, or such ^arts tjjereof as they .>^hbll
deem n.:ce'sarv, and may, from ti.ne to time extend, en-
large rr alter the same, u-on s:jcI) terms and c ndi ions
as ihev shall (L^em n- cess^ry; and the city council shall
I'ave power to horrow money ,or the coi strui. turn oi stch
sewers and drains, payable in principal and interest from
the special tax collected in such distiicts, or the city
council may apportion the estimated cost of such drains
and sewers, and collect tiic same hy a series of annual a^-
sessments. But no ordinance creatines, ch debt, special
tax or apportionment shall be repealed or altered uiitil
the debt created thereby shall have been paid.

§ 4. All owners or occupants of lots or lands in front sid«w»ita
of, adjoining or upon whose premises the ci'y council
sliall order ;iTid direct sidewalks or private drains ccim-
municatipg ^vith any main drain to be constructed, gradtd,
repaired, re aid cr cleansed, or shall decliue any such land
or lots to be nui'^jnces, ar.d ordt r the same to be graded,
filled up and drained, or otherwise improved, shall make,
prale, repair or relay such siiiewalk, or m;ike, lepair or
c'eanse such private drain, or grade, fill up, drain or
otherwi-e improve sudi lot or land, at their own cost md
ch«^rges, within the time and in the manner pre.^cri ed by
ordinance or otherwise, and if not done within the time
anu in the manner prescribed, the city council may cause
the p.ime to be constructed, repaired, rela) t d, c leansed,
fill.>d up, graded, drained, or otherwise im[»roved, and as-
sess the expense tlurrnf, hy an order to be entered in
(iuir proc ed ngs, upnn the lots and land re?|)ertively,
and collect the same by warrant and sale of the. premises,
8< in other cases. A stiit may also be m.iintaintd against
the owner or occupant of such premises f< r tin- recov* Tf'
of S'l'h exppiHR f>r money paid and laid out to his use
at his reques*.

§ 5 ill all cases where expenses may be incurred in tst fir r*mrv»i
the removal of any nuisance, the city ccmcil may ra«?« " '""'•'^-

1557 786

the same to be asses.<:e'^ against the real estate chargeable
lherevMth,in the sanar inaniKr jirescrib.d iu the foregoing
secti.tii. Such expenses may l»e likewise colKcted of the
owu^T or occupant of such premises, in a suit for money
exjieiuleil to his or th«ir use; rtt>d in case the same should
not be chargeable to any real esta'e, suit may in like
manner be brought lor stich expen<<'S against the author
of such nuisances, if kiown, or any person whose duty
it may be to remove t)r j.ba e the same.
^i*M-M »'■ »'- ^ 0. The city council shall have power to compel the
****" owners of lots or grouml frmting or a(lj\)iiiing any private

or ptiblic alley to keep the same clmti, and, if necessary,
to dirtft the same to be paved, planked r)|- otherwise, and
the cjsis thereof to be assessed and collected in the same
manoer as sidewalk a^sessmetits.

Ahticle IX. — Collection qf Taxes and •/I.ssesstfieJiis.

A»«M<fi »o<j s^ 1. The city council shall have power, by ordinance,
M.MaB«oiii»u jq pre-!cribe the form ot' a<«3essjnent lists, and preset ibe
the duties and define the powers o' u^ssessors. They may
also make such rules and give such directions in relation
to revising, aliering or adding to the lists as they may
deem proper and expedient.
^ , „,., ^. ^ 2. The annual as«{es:«ment list^ shall be returned by
'•'*••• the a-sessor, on or bef.ire nie first Monday in August in

each year; but the time mny be extended by order of the
city co'incil. On the retiiiu thereof tlie city council shall
fix a <Jay for hearing o 'j-ctions thereto; and the clerk shall
give n "lice of tiie tuim and place ol such healing, by
public;i<ion in the newipupttr pubUshiiig the ordinan-
ces of liie city ; and any per-on leeling aggrieved by the
atsessmt lit of hi* propi-rty may appear, at ilie time speci-
fied, and make his oltj< eliuis. Tlie city couneil shall
liavR power to supply om!-isi>)ns in said assessment lists,
and, for ihe purpose of e(| i itizing the s.ime, to alter, add
to, lake from, and otlierwi-e correct and revise the same,
or to refer llie same back to Ihe assessor, with instruc-
tions to revise and c irrect the same.

(; '.',. Wliei the assessment lists h )ve been correct d
and revised the same shall Ik filed, Hnd un orde-r confnin-
ing the same and directing the warrant to be issued ior
the collection thereof shall be entered by the clerk. Th6
city council shall, thereupon, by an ordinance or resolu-
tijn, levy such sum or sums of money us may be suffieietit
for the iieveral purjx'Ses (»r wliieli I axes are herein autlior-
W.d to he. Ie.\ i#d, not eveeedin>4 the Hnthoriz.-d per cent-
»g«-, par'icularly specifying the |»nrpoS"s lor which the
tatue are levii '!, and. if not ior gmertil purposes, the divi-
sion of the city upon which tlie same are laid.

• 1*4

737 1857.

^ 4. All taxes or assessments, general or special, AF'^osimenn a
levied or a!?sessed by tlie city coiineil, rnder tliis ait, or '*"'
any ordiiiaiiee in pursuatire thereof, sliall be a lie.i upon
the real estate upon which the Siime may he imposed,
voted or assessed, t(ir two y^ars fri»m jind al'ttr the cor-
rected assessment lists shall be continned, or llit; passage
of the order tor assessment, and on peisonnl estate Irom
and after the delivery of the warrant f^r the collection
thereof, until paid ; and no sale or transfer shall alfec t the
lien. Any ner.«onal property belonging to the debtor may
be taken and sold for the pa)ment ol taxes on real or per-
sonal estate, and tho real esute shall be liable f<r the
taxes on personal estate in case of removal, or when the
tax cannot be made out from the personal estate, in the same
mariner as is prescribed by the' laws of this .state: Prov-
ididy that in case tlie coliec^tion of any assessment shd!l be
delayed, by injunction or other judicial proceedings, the
same shall continue ji lien, unless set a^ide, upon the real
estate, for the period of two years from and after the final
disposition of such injunction or other judicial proceed-
ing. _

& 5. The clerk shall issue a warrant or warrants for '"'"« warrant

aIa 11.1 • 1 •111'"'' t«»0«.

the taxes, and rule therein separate columns, in wliieh the
tax levie 1 shall be re^-pectively set down oppo-^ite the
name of the person or such real estate subject thereto.
Each column shall be headed with 4lie nnine of the tax
therein set down.

§ tl. All warrants issued for the collection of general warr«Tiig»ignci
or special taxes and assessments shall be signed ^>y the ''^""'^'"■
mayor and clerk, with the cor|)orate seal thereto at<a<'hed,
and shall contain true and perfect copies of the corrected
assessment lists u|)on which the same may be issued.
They shall be delivered to the collector for collection,
within thirty days after the filing of the corrected lists,
unless further time for this purpose shall be given by the
city council. If not otherwise paid the collector shall
hjive power to collect said taxes, with interest and costs,
by suit, in the corporate name or by distress anil sale of
personal property as aforesaid, after a demand and refusal
to pay the same: ProviderJ, a notice published by the
collector for ten days in the newspaper printing the <»r«'i-
nances of the city, shall be deemed a demand, and a neg-
lect to piiy taxes for twenty days thfreafter shall be
deemed a refusal. The assessor's list shall, in all cjses,
be evid;'nce on the part of the city corporation.

^ «. All taxes and assessments, general or special, shall -..itorior .)oi;c.t
be colier ted by the collector, in tde s^m^ manner, and '**"'"'
with the same power and authority, as is given by law to
collectors of county and state taxes; he shall yny the same,
as fast as collected, and into the city treasury, and his duty
—69

1857. 738

ill reij;ard to returning warrants and -settling with the city,
anl iiis liabihties in case of iletault or iiiisoonduct, shall be
the same as prescriled by hiw : Proviilcd, the city council
shall have power to prescribe the powers, duties and lia-
bilities of collt ctors by ordinance.

K<Mi^«Ljiueni. .J 8. Ill case of the nonpayment of any taxes or assess-

ments, levied or assessed under this act, the premises
may be sold for the payment thert^of at any time within
two years at'ter the contirmation ot the assessment by the
city council. Before any such sale or order shall be made
by the city council, which shall be entered at large in the
journals or record kt[>t by the cleik, directing ihe col-
lector to sell, parti mlariy describing the dehnquent pre-
mises to be sold, and the assessment tor which the sale
shall be made, a certified copy of which order, under the
corporate seal, signeil by the mayor or presiding otficer
and clerk, shall be delivered to tne collector, which, to-
gether with the warrant, sliall consutute the process upon
whicij such sale may be made.

Ajy«-:i<r'. § 9. The collectoT shall then edvertise such premises,

in the newspaper publishing the ordinances of the city,
fur sale, at least thirty days from and after the first pub-
lication of such notice, describing the premises, by figures
or otherwise, with tlie name of the owner, when known,
and the several amounts of the taxes and assessments
thereon and costs. Said notice shall also contain the time
and place of sale, and shall be published at least four times.
The proceedings mtiy be s'o})pcd, at aiiy time, on the pay-
ment of laxes or assessment and interest, with expenses of
advertising.

!v*:« f.ruif. § 1'). All sales shall be conducted in the uianner required

by law ; but the city council shall have power to prescribe
the maiuier of conducting the same. Tlie sale shall be
made for the smallest portion of ground, to be taken from
the east side of the premises, for which any person will
take the same and jjay the taxes or asr^^ssments thereon,
with interest, and costs of sale. Duplicate certificates of
sale shall be made and subscribed by the collector, one
of which shall be delivered to the jjurchaser, and llu! other
fil» d in the office of the clerk ; which certificate siiail con-
tain the name of the purchaser, a description of <he pre-
mises sold, the amount of ta>e.s or Rssess)nents, with the
interest ari'l expensps for which the same was sold, and the
time when the right to redeem will ex]>ire. The collector
shall h-', allowed the same fees for selling as are allowed by
law lor similar services, or his fees may be regulated hy
ordi lance. The clerk siiall keep a record of fuicli sales,
winch shall be open to public inspection at all leasonable
tines.

739 1857.

§ 11. The right of redemption, in all cases for sales Rtatinitii.i.,
for taxes or assessments, shall exist to the owner, his heirs,
creditors or assigns, to the same extent as is allowed by
law in cases of sales of real estate for taxes, on the pay-
ment, in specie, of double the amount for which the same
wa.' fold, and all taxts accruing subsequent to the sale,
with interest. If the real estate of any 'nifAnt,/e/nnic covert^
or lunatic be sold under this act, the same may be re-
deemed at any time within one year after such disability
is iemoved. In case of redemption, the money may be
paid to tlie purchaser or for him to the city clerk, who
shall make a special deposit thereof with the treasurer,
taking his receipt therefor. If not redeemed according to
law, the city council sliall, upon tlie return of the certifi-
cate, or proof of its loss, direct a deed to be executed to
the purchaser, under the corporate seal, signed by the
mayor or presiding officer of the city council, and counter-
signed by the clerk, conveying to such purchaser the pre-
mises so sold and unredeemed a? aforesaid. An abstract
of all deeds so made and delivered shall be entered, by the
clerk, in the book wherein tax sales are recorded. A fee
of two dollars may be charged by the clerk for any deed so
issued.

§ 1'2. Tlie assignee of any tax eertificate of any pre- dwi.
mises sold for taxes or assessments, under autliority of
the city, shall be entitled to receive a deed of such pre-
mises, in his own name, and with the same effect as though
he had been the original purchaser.

§ 13. II at any sale of real or personal estate, for taxes
or assessments, no bids shall be made for any parcel of
land, or any goods and chattels, the same shall be struck
off t!j the city, and thereupon the city shall receive, in the
corporate name, a certificate of the sale thereof, and shall
be vested with the same rights as other purchasers at such
sales.

§ 14. All deeds made to purchasers of lots sold for oeeus eyidenc*.
taxes or assessments, by order of the city council, shall
he prima ficie evidence in all controversies and suits in
relation to the right of the purchaser, his heirs or assigns,
to the premises thereby conveyed, of the following facts :

First — That the land or lot conveyed was subject to
taxation or assessment at the time the same was adver-
tised for sale, and had been listed and assessed in the time
and manner required by law.

St'C nid — That the taxes or assessments were not paid
at auv time before the sale.

Third — That the land conveyed had not been redeemed
from the sale at the date of the deed, and shall be conclu-
sive ev'lence of the following facts :

1Sd7. 740

Fit's/ — That tlie laiul or lot was advertisrd for sale for
the kngth of tiin»> au«l in the maitntr r« vjuiit J by huv.

SiCmil — Tliai the lanJ was sold fur taxes or assess-
ments, as Sl.iled in th»' deed.

TUird — Tliat the grantee in the deed was tlie pur-
chaser.

FoiirL't — That the silo was conducted in the manner
re(]uired by law; and ui all contro\ersies and suits in-
voivini; the title ti> laiul claimed and livKl under and by
virtue of such dteil, the person or peisons cluiniin^ title
adverse t>) the title conveyed by such deed, shall be re-
quired to prove, in order to defeat the said title, either
that the land was not suSject to taxation at the date of th;^
sale, that the taxes or assessments had been paid, that th '
said land liad never been listed «)r assessed for faxatio:i
or assessment, or that tlie same had been redeemed ac-
cording to the provisions of th«^ act, and that such re-
demption was matl^ for the use and benefit of the person?
havio;jj thi^ right of n deinption luuler the laws of the state;
but U) person siii.ll be jteruiitteu to question the title ac-
quired by the said deed, without first showing that he, she
or thev, or the person under whom he, siie or they claim
title, had title to the land at the time of the sale, or that
the title was obtained from the United States or this state,
after the sale, and that all taxes due upon the lands have
been paid by surji persons or the person under whom he
claims title as aforesaid.

Articlk X. — Fire Departmcnf.

tatt4- § 1. The city council, for the jiurposc of guarding
against the calamities of fire, shall have {)ower tt) prohibit
the erection, plaiting or repairing of wooden Iniildings,
within the limits preo-crilieci by them, without their per-
missi in. and direct t>nd (irescrihe that all buildings within
the limits presi-ribed shall be made or constructed of fire
proof m-tterials, and to pri»hibit the rebuilding or repairing
of witodi a lMaiding<i wiiliin the fire limits, when the same
shall have UL*-n damagrd to the extent ol fifty per cent, o^
the value tiiexeof, and to prescribe the manner of nscer-
tuini'ig Nuch d^rnHgeg ; to declare all dilapidated buildings
to be nui^anre?, Mid to direct the same to be repaired, re-
moved or ali.itid ill sneli mann(fr H-t they shall prescribe
•nd ilireci ; i > declare all wooden buildings within thf fire
limits, wiiicit they may deem d.ui;;trou.i to contiguous
buildingi, or in cuu>in^ ov promoting fire.s, to he nuisaiuteK,
and to ft quire and cause the same to he removed or abated
in sueli manner bk tliey Mh4ll preset ibc.
;i '1. The city council shall have power.

741 1857.

Fif'sf — To regulate tlie construction of cliimneys and chimntyi.
flues, so as to admit of cliiinney swreps or o'lur inorlp of
denning, and to compel the swt^t[)ing and cleaning of
chimneys.

Sfcond — To prevent and prohibit the dangerous con-
struction and condition of chioineys, flues, fire places,
stovepipes, ovens or any other apj)araliis used in or about
any buiiiling nr manufactory, and to cause the same to be
removed or placed in a secure and safe condition, when
considered dangerous.

Thii'd— To prevent the deposit of ash^s in unsafe placep, M\>tf,K*
and to appoint one or more otficers to enter into all buddings
and inclosures, to examine and discover whether the same
are in a dang* rous state, and to cause such as may be dan-
gerous to be pvit in safe condition.

Fourth — To require the inhabitants to provide as many ?»rc lorkeu.
fire buckets, a/id in such manner and time, as they shall
prescribe, and to regulate the u«e (hereof in times of fire;
and to require all owners and ooc«ipants of buildings to
construct and keep in repair wells or cisterns upon their
premises.

Fifth — To regulate and preveiit the carrying on of manu-
fiictories and works dangerous in promoting or causing
fires.

Sirlh — To regulate, prevent and prohibit the use of fire
works and fire arms.

Sivenfh — To direct and ])rohibit tlie management of c^nn^-wdor, &■.
houses for storing of gunpowder, and other combustible
and dangerous materials, within the city ; to regulate the
keeping and conveying of the same, and the use of candles
and other lights in sttibles and other like houses.

Eighth — To regulate and prescribe the manner, and
order the building of parapet and partition walls and oi
partition fences.

JSfinth — To compel the owners or occup ints of houses
or other buildings to have scuttles in the roofs and stairs
or ladders leading to the same.

Tenth — To authorize the mayor, fire wardens or other Authrntyof ttie

m/' .J... I r .1 •••i c iniiT'T and other

cers ot said city to keep away irom tlie vicinity ot om-.r* iumk

any fire all idle and suspicious persons, and to compel all o'"'«'*
oflic^-rs of the city and all other persons to aid- in the extin-
gui3hinpnt of fires, arid in the preservation of property ex-
posed to danger thereat, and in preventing goods from
being stolen.

FJi'cnth — And, generally, to establish such regulations
for the prevention and extinguishment of fires, as the
city council may deem expedient.

§ -S. The city council may procure fire engines and rir«engi«ei.
all other ap| aratus used for the extinguishment of fires,
and have the charge and control of the same, and provide

1S57. .'42

fit an J secure houses ami other places for keeping anil pre-
serving ll»e same ; ami shnll lia\ e power,

J-\rst — To or«;aiii::e lire, liuok, hose, axe and ladder
companies.

SfcomI — To appoint, tlurinp; their pleasure, a conipe-
lent number of able and reputable inhabitants of the city
firt (uen, to take the care and management of the engines
and other apparatus and implements used and provided for
t!»e extinguishment id fires.
r:r^r..t\itiii- Tfiirit — To pTi s^ ribf the duties t f firemen, and to make
iM*«i«r«n*a. j,j,]gg g„j regulations for their goveninent, and to impose
reasonable penalties upon them for a \iolation of the same
and for incapacity, neglect of duty or misconduct to re'
move them.
Ck.i t^Fi^ Fourth — The city council shall have j)owor to appoint

a chief and assistant enginetrs of tlie fire drpartment, and
tht-y, with the other firemen, shall take the care and man-
agement of the engines and other apparatus and imple-
ments provided and used for the extiuguishment of fires,
and their powers and duties shall be prescribed and de-
fined by the city council.
rima**««.mt^ § "i Thc members of the city council and firemen
•M>.«Mio(«> sj,^ii (liirinu their terms ot service as such, be exemitted
from St rvwig on juries, in the nulitm, or working on the
street.-, or pajing any tax for the same. Thc name of
tai-h fireman shall be legistend with the clerk of the city,
and the evidence to entjtli him to the exemption provi(Jed
in this section, shall be the certificate of the chrk, under
the eorporale seal, for the year in which exemption is
claimed.

Article XI. — Buuul of Health.

^, .. . _,.^ ^ 1. The board of health shall consist of three or more
coinmi^sionero, tt) be apjiointed, annually, by the city
council; and the mayor or presiding officer of the city
rountMl shall be president of the board; and the city clerk
•hall be tlieir cleik, and keep minutes of its proceedings.

^^, J '1. It ^hall be the duty of luiillh offici rs to visit every

(rtck p)-:son, who may be report* d to them, as hereinafter
provided, and to report, with all ronvit nient speed, their
opinion of thc sickness of such person to the clerk of the
boar'!, and to vi«it aiid inspect all houses or {>lHres in
wh^h th"\ mi) puspect any person to be confined with
any | .1 f>r infrttions disease, f^r to contain iin-

•ouufi ; o-i or damiig'd or putrid animal or vegetable

mattT, or other unwholesome articles, and to make re-
port of the i»4te oftlie Same, with all convernent speed, to
the clerk of the board.

743 1857.

5 3. All persons in the fity, not rosident*? thereof, wlio ncin.*»i(f iji»-
may be inttct«'U witli any pestilential or inltL'tious disease,

or all tilings wliicli, in the opinion of tiie board, shall
be infectetl by or tainteii with pestilential matter and
ought to be removed, so as not to endanj^er the lieaith of
the city, shall, ! y order of said board, be rt-in-ived to some
proper ])!«(•<>, not exceeding five miles bf-yoiul the limits
of the city, to he providi'd by the b.iard, at the exjM-nse of
the person to be removed, it able; and the board may or-
der any furniture or wearing apparel to be destroyed,
whenever they may deem it necessary for the health of the
city, by malcini:j just compensation,

6 -k The eitv council sli:ill have power to prescribe PrrKcm.o p ■*««

• 1 • II I » I 1 I I "'"^ 'luiKii at

the powers and duties ot the board oi nealth, and to pun- cummimjoueri.
ish, by fine or imprisonment, or both, any refusal or ne-
glect to observe the orders and regulations of the board.

{^ 5. The health ntficers may be authorized by tie city
council, when tlie public interests require, to exercise, ftir
the time being, such of the jjowers and perform such of the
duties of marslial or supervisor, as the city council may, in
their discretion, direct, and shall be auth9rized to enter all
houses and other places, private or public, at all times, in
the discharge of any duty under this act or any ordinance.

^ t>. Every person practicing physic in this city, who Phyficianinjakf
shall have a itatient laboring under any malignant, infectious '^**^^''
or pestilential disease, shall forthwiih make report thereof,
in writing, to the clerk of the board, and for neglect to do
so shall be considered guilty of a misdemeanor, and liable
to a fine of fifty dollars, to be su'^d for and recovered, with
costs, in an action of debt, in any court having cognizance
thereof, or before a justice of the peace, for the use of the
city.

Article XII. — Schools and School Fund.

§ 1. All that part of townships No. five (5) north, of o^^mon »ch(»i
range two ( "J, ) and No. five (•")) north, of range three (:!,)
and No. six (t)) north, of range two (i,) and No. six (<i)
north, of range three (^},) all west of the fourth principal
meridian, lying within the corporate limits of said city of
Macomb, with such other parts of "said townships as may
be incorporated with and come under the jurisdiction of
said city, is hereby created into a common school district,
to be known as the "Macomb School District."

§ l1. The school land, school fund, and all other real Pivifion cf a*
and personal estate of said townships shall be divided be- **'^"
tween the said city of Macomb, and the portion of the
townshij)'' lying without the limits thereof, in the propor-
tions and m<inner followint> : The trastees of schools of
each of said townships shall, within three months from the

1857. 744

pass-'aije of tlii<s act, ap})oiMt two connniv<!sioners, who shall
be rfS|>ectal>le househoKlers, one ot" whom shall reside in
the city, and the other in the township without the city,
who, niter bein^ duly sworn well and truly to perform
their duties, shall proceed to ascertain, as nearly as may
be, the whole number of white persons under the at;e of
twenty -one years residing in the whole of iheir respective
townships, and the whole number residing in said city, and
without said city in the said townships, and thereupon the
said trustees of each of said townships shall divide and
apportion the aforesaid township fund, and real and per-
sonal rstate, between said city and said townships wiihout
the city, in the proportion of antl according to the number
of persons aforesaid residing within the city and without
the city, in the said townships respectively; and the said
commi-jsioners shall have power to make partition of and
divi>ion ot all the funds and real and personal estate be-
longing to ilie said townships, between the city and the
portion of townships without the city, in the proportions
aforesaid, and having completed the same, shall make a
full return of their proceedings to the trustees aforesaid.
In case the commissioners shall refuse or neglect to per-
form their duties, the trustees shall appoint others in thf ir
stead, who shall be chosen, sworn, and perform the like
duties assigned to the first commissioners; and the trustees
shiU have power to fill vacancies and make a|>j)ointmcnt3
until the objects of tiiis act are carried into eti'ect.
n»ti»»f f'lnd*, § -J- The trustees of schools of said townships shall,
*'• uptm such division, partition, and return of the commis-

sioners beiiiEj ni;idc, pay over and dt'li\er to the clerk of
the city of Macomb the funds and other pergonal estate,
and make, execute and deliver to the said city of Macomb
all nrcessary deed< and other conveyances for the dis-
tributiv*' bhare of the real estate of said township to which
the said M.ieomb sclioid district mav be entitled accord-
ing to the ilivis.on and clistribution aforesaid, and take re-
ceipts for the same from the clerk.
AWf»a«f«fcii« ^ 4. It shall be the duty of the city council to cause an
' '*" ab tract of the whole numbjr of white children under the

tge of twtnty-one }ears in the Macomb school district to
be furn sh«'d to llir school commissioner of McDonough
county, within ten days after the syme shall have been
•sc'Ttained; and tljo school commissioner shall annually
pay to the clerk of the city of Macomb the ])roportion of
xhf. school, collfgf! and seminary fund to which tlo! said
Macomb scliord fliitrict may be entitled, according to
the numlier ol iifrflon"* under the agr aforesaid residing in
laid district, taking his receipt theielor ; but no abstract
shall be required to be returned to the school cominis-

745 1857.

ioner oftener than is required by law in otluT school dis-
'.ricts.

§ 5. Tiie school land, pciiool fund and other property properiy TMte-i
of the Macomb school district shall be vested in the city '"'»'«"=»'y-
of Macomb. The city c«»uncil shall have power, at all
times, to do all acts and things in relation to said school
lands, school fund and other property which they may
think pr(ii)er to their safe preservation and efficient man-
agement, and sell or leas*» said lands and all other property
which may have been or may hereafter be donated to the
school fiii.d, on such terms and at such times as the city
council may deem most advantageous, and on such sale or
lease to make, execute and c'eliver all proper conveyances,
which said conveyance shall be signed by the mayor or
presiding officer, and countersigned by the clerk, sealed
with the corporate seal, b<it the proceeds aiising from
such sales shall be adc^d to and constitute a part of the
ichool fund.

§ 6. Nothing shall be done to impair the principal of principal not ts
said fund, or to .ippropriate the interest accruing from the *<^""jaired.
same to any other purpose than the payment of teachers
in the public schools of the district, and should there be
any surplus of interest it thall be carried to and form a
part of the school fund.

§ 7. The city council shall have power.

First — To erect, hiie or purchase buildings suitable for Duty oi conncii.
school houses, and keep tiie same in repair.

Second — To buy or lease sites for school houses, with
the nee* ssary grounds.

lliird — To furnish schools with the necessary fixtures,
furniture and apparatus.

Fouri'i — To maintain, support and establish schools and
supply ti.e inadequacy cf the school fund for the payment
of city teachers from school taxes.

Fiflh — To fix the amount of compensation to be allowed
to teact^ers.

Si.rlh — To prescribe tlie school books to be used and
the studies to be taught in the different schools.

Seventh — To lay off and divide the city into smaller
school districts, and from time to time alter the same or
create nevv ones as circumstances may require.

Eiiftitti- -'V\\(i city council shall be, ex oj/lcio, inspectors
of schools, but they may appoint seven inspectors, to be
denominat d "A Board of School Inspectors;" also three
trustees of schools in each district, and to establish and
prescribe t'le ])0wers and duties of each.

A'*inth — And, generall}, to have and possess all the
rights, powers and authority necessary for the proper man-
agement ot schools, and th« school lands and funds be-
longing to the said school district, with power to enact

1?5T. T46

such oTiVin^nces «s may be necessary to rarry tlielr powers
aiui ifuties into effect.

§ S. The city counoil shall have power to aj^pditit a
school r.geiit, who shall have the custoily and in.uiag<nient
of the inoni'V, securities and propert) beloniriniij to the
school fu'ul of the district, subject to tlie direction of the
city council.

§" i*. The school agent, before enterinjr »ipon his duties,
shall give bond in such amount and with suci conditions
ami securities as the city council may req\iire; fiis compen-
sation shall not be' paid out of the scl.ocl fund, and he shall
be subject for misonnduct in office to the sanu- penalties
and impri^onmriit as school commissioners a.o or may be
subject to by law.

§ 10. The school fund shall be kept loaned at interest
at the rate often per cent, per annum, payable semi-an-
nually in advance. No loan sliuil le made for n longer
period than five years, and all loans exceeding one hun-
dred dollars shall be secured by unincumbered real estate
of double the value of the least sum loaned, exclusive of
the value of ]>erishable improvements thereon. For sum
less than one hundred dollars, two good secrriMes besides
the principal shall be r^Mjiiiiod : Pravii/cc/, the ( ity council
s'i;\!l have power to reduce the rate of interest by a vote
of two-thirds of all the a!dcrmen elected.

^11. All notes and sectirities shall be taken to the city
of Macomb, for the use of the inhabitants ofsaiil city, for
school purpo es ; and in tiiat name all suit.'^, actions and
every description of legal proceedings may, /e had.

§ IJ. All expenses of preparing or recording securi-
ties shall be paid exelnsively by the borrower.

§ 13. In the payment of the debts of deceased persons,
those due the school fund shall be paid in preference to
aH otliers, except expense-i atten'ling tlie- last illness ;ind
funeral of the deceasvd, not including the physician's
bill.
r*^'^T •• f»u- 4 !'*• If default be made in the payment of interest or
.^«-. ^^ ^j^^ principal whvn due, interest at the rale of fifteen
per cent, upon the same shall be charged from the ilefault,
and may be recover'd by suit or otherwise. Suit may be
brought for the recovery of interest only when the princi-
pal if not due.

§ l'». All judgments recovered for interest or jrincij al,
or both, "hall re«j»ectively bear interest at the rate of ten
prr rent, per annum, fr«)m lh»; rendition of judgment until
p^irl ; a'.d in rase of the sale of real crtato thereon, the
city of .Nlaminh may becme the purcha^;er thereof, for
til*! usp n( the s( hool fund, and shall be < ntitled to the
fame rights given by law to other purchasers. On re-

vets* uitB

tf •t"- :•■»

•r« u

itK«— M.

747 1857.

demption ten per cent, interest sliall be paid from the. time
of sale.

§ IG. No costs made in the course of any judicial pro- en.
Ceeding in wliicli the city of Maromb, for th»^ use ol the
seliool fund, may be a party, ; liali be cliargeable to the
school fund.

J5 17. If the security on any loan should, at any time swuritr.
before the same is due, become, in the judgment of the
school agent and city council, insecure, the agent shall
notify the person indebted ther«<)f, and utdess further sat-
isfa.tory security shall be fort li with given by the debtor,
judgment mtiy b( recovered thereon as in otjirr cases,
although no c ).)ditions to that effect be inserted in the
note or other security.

§ 18. The council shall annually publish, at such times rubUcaUon.
as may be prescribed by o;dinance, in the new?paj)er
publishing the oruinances of the city, a statement of the
number of pupils Instructed in the year preceding, the
several braiiche. ( f education pursued by them, and the
receipts and exj^enditures of each school, Kj)ecifji!ig the
sources of such receipts, and the object of such expen-
ditures.

J; 10. Tlie scliool tax shall be paid into the city treas- schooiux. •
ur}, and be kept a separate fund for the building of school
houses, and keeoii.'g the same in repair, an<l supju rting
and maintaining i chools ; and sliould there at any time be
a surplu"?, the same may be paid over to the school fund
and form a part of the same.

^ '20. Any ijcrson owni ig land, or residing around or abii» to Ma-
adjacent to saiu city, wit' wi two miles thereof, may, witti
his consent, be annexed to said Macomb scho(d district,
and school tax maybe levied and collected upon the lands
and property of such person subject to taxation, by the city
collector, in the same manner as school taxes within the
said district.

Article Xlll.— Miscellaneous Provisions.

§ 1. The city council shall, at least ten days before i-dhuh .ute-
the annual e'ection, in each year, cause to be published in
the newspaper publl-^hing the ordinances of the city, a
correct and full statement of the receiut^ and expendi-
tures, from the da'e of the last annu»l report, togetiier
wih the sources from whence the former are derived and
the mode of disbursement, and also a distinct statement
of the whole amount assessed, received and expended in
the respective werd^ and division", f r making and re-
pairing str»M'ts, higliways and bridges, for ihe same period;
together with sueli information as ni.ny be necessary to a
full understandinj.' of the financial .tflairs of the city.

1857. 748

»x sj <I. The inlinbitants of the city of Macomb are here-

'•*- "'• by oxtMiipteil from working on any road or liighway be-

yond the limits of the eily, and from pacing the tax in lieu
thereof, witli'iut said limits.

§ 8. The supervisor shall demand tlie services of all

persons who are required to labor on the streets and alleys

of the city, at such time and place and in such manner as

th'' city council may «lirect or the supervisor shall deem

necessary. He shall deliver or cause to be delivered or left

;it the ustial place of abode or business of my person so

required to labor, as aforesaid, a written or printed notice,

or partly written or printed notice, in such form as the city

council shall prescribe, which notice shall be given at least

three days previous to the fust day on which he or tln^y are

re(juired to labor, requiring such person to appcor at such

time and place as may be designated for the purpv» e of

laboring nj)on the streets and alleys. Upon the neglect

of any person to appear and labor as aforesaid, or to pay

the tax in lie<i thereof, the collector shall collect from each

p»r-on, in same manner as other taxes, the sum of three

didlars, with his commission for collecting the same added

thereto, or t!ie same may be recovered by suit, with costs,

' as in other ca<:es.

►.;,»•:» li 4. The county of McDonough shall be exempt from

the support of any citizen of said city who may become a

pauper, but the city council shnll provide for the support

and care of all pntipers belonging to tie said city, and pass

sueh ordinances and regulations as they shall deem jooper

for the purpose thereof. The city cojincil shall also pro-

rtr»o«-. •« c^«. vide for the payment of all costs, in the circuit court of

McDonough cr»unt^ , of the conviction of any citizen of said

city for any criminal offence, and the prosectiting attor-

ney'** fees, ;ind jailor's fvc9, in case the same cannot be

coll»"Cted from the offender. 'Or the city council may

provide for the paynjent to the county of McDonough,

anntially, of S'ich sums as will bo a fair proportion of the

expenses of the coimty, for the circuit court of said

county — the amount to be ascertained and fixed by the

city council and tlie rounty court of said county, and to be

apportioned efjuilibly and justly. In consideration of the

!»•«?•»• support of paupers, and thr payment of the expenses and

co«t!« aforesaid, all the real estate within said city, and all

tlie personal property of the inha^itant'^ of said city, shall

be exempt from all taxes for county juirposeOj except for

the purpo-Jc of paying tlie interest, and finally the prir.ci-

f)«l, of the bonds of said McDono\igh county, issued or
leretfter to He iisued, a«i subsrriptions for railroad stoek :
JJn'/, proriifff/, that upon the fin:»l payment of any such
bonds, the said city shall be entitled to a prr^ rata amount

749 1867.

of the stock lor whicli th«?y were given with said county
accoriling to tin' amount paid tlierelor hy said city.

§ 5. All tiiu'S, lorfeitiirL'3 and penalties, collected lor ricot, &«.
Offfences commit. ed within said city, t.liall be jjiud into the
treasury of said city by the officers collecting the same,
and all fines and torfeitures collected of any citizen of
sail! city fur any conviction in the circuit court, shall be
paid over in like nranner.

^ G. Tiie city council sliall have power to cause the Numberinj i*m,
blocks and lots of the city to be surveyed, platted and
numbered in consecutive numbers, from one upwards, and
to designate and number all fractional or other lot^ or
blocks, in such manner as they may prescribe by ordinance;
and suoh plat, designation and numbers, when made and duly
recor<led, shall be a good and valid description of said
block^• and lots or fractional blocks and lots; to establish,
mark and declare the boiindaries and names of streets and
allty-? ; to require tliat all additions hereafter made tr said
city, or all lands adjoining or within the same, laid out into
blocks v)r lots, shall be so laid out and platted to correspond
and conform to the regular blocks, streets and alleys already
laid out and established within the city.

§ 7. The city councii shall, in all expenditures for Expenditure*,
purposes strictly loc?.!, expend, annually, in the several
natural divisions of the city, such proj)orlion, as near as
ma} be, of the whole expenditures for like purposes during
the same period, as will corresjiond to the several sums
coutribated by each division to the general funtl; that
.taxes shall be expended in the several wards or districts
where the persons paying the same may respectively
reside.

§ 8; The supervisor, in addition to the penalties pre- Pwi«itjof«np»r-
scribed by ordinance, shall, for willful neglect of duty, be ^"'^'^••
liable to indictment and fine, in the same manner as super-
visors under the laws of the state.

§ 9. Neitlier the city council or mayor shall remit Romituncc tf
any fine or penalty imposed upon any person fjr a violation '"'*■
of any laws or ordinances of said city, or release from con-
finement, unless two-thirds of all the aldermen elected
siiall V(jte for such release or remission; nor shall any-
thing in this act be so coastrued as to oust any court of
jurisdiction to abate and remove nuisances within its juris-
diction, by indictment or otherwise.

§ 10. No vote of the city council sliall be reconsidered vot« or tiiy
or rescinded at a speci'<l m'-etiiig, unless tlie meeting be '^'^"'"^"*
called, in whols or in part, f < r that purpose, and the al-
dermen be so notified, and unless, at such special meeting
there be present as large a oumber of aldermen as was
present when the vote was taken.

1857. 750

•Mi«MrT ^ 11. The cemetery lots which may be laid out and

!t.>KI b)- ti.e city or private persons, for pri' ate placi s of
burial, shall, with tlie appur*fnaiu:es, Ibrovor be exempt
from fxectitiou ami Httaclnufiit.

ortiiMTtt tMi § 1-- Every onlinaiue, i ejTulation and by-law. impo-

HM^»«?«i>- 5J„^r any penalty, tine, impii'^onment or forfeiture, for a
violation of its provisions, sli.ill, after the passege thereof,
be published three d»}s, in the newpaper p»i'>lishing ti\e
ordinances of the city, and ])roof of such pwhiication, by
tlie affidavit of the printer or publisher of su.'h newspaper,
taken htf»re an) officer amhorized to administer oaths,
and filed with the clerk, or any other oomjietent proof of
such publication, shall be contdusive evidence of the legal
publieati.>n and promulgation r>fsuch ordinance, regulation
or by-law, in all courts and places.

••.u VT*%jki !• 5, \:], \1| actions broutjiii to rccovri anv i>enalty or
forfeiture incurred under tins act, or any t)rdinane«', by-
law or police regulation, mi^.de in pursuaiice thereof, shall
be brought in the corporate name. It shall i)e lawi'ul to
declare, generally, in debt, for such penalty, fine or for-
feiture, st'*ling tlie clau'»e of this act or the by-law or
O'dinance under whicli the penalty or forfeiture is claimed,
and to give the special matfer in evidence under it

rtrM rr*c«M. 5 1^ I" "11 prosecutions fir any violation <if any or-

dinance, by-law or other legulation, the first j)rocess shall
be a summons, unless oath or affirmation be made for a
warrant, as in other cases.
gu- § 15. The city council shall have power to designate
one or more ju'itices of the peace in said city, who shall
have jurisdiction in any actions for the recovery of any
fine, penalty or f>rffiture uiohr this act or any oidinance,
by-law or police regnlation, xnjithing in the laws of this
state to the contrary notwitliK anding. Such jiistiee shall
have power to impose fines and penalties, not exceeding
the amount authorized by the constitution of the state.
There shall be such local court of civil and criminal ju-
risdiction as may be established by the general assembly
in the cities of the Uate, in .iccordance with the constitu-
tion of the state. Such court shall have jurisdiction over
all Cd< -s ariiing under thiw act, or any ordinance of said
city in pursuance thereof, and such other civil and crim-
inal j'irindiction as may be provided by law.

5 l'-. Executiofi may be issued immediately on rendi-
tion <> judgment. If the defendant has no goods or chat-
tels or r«al ettate, within the county of McDonctugh,
wlier'of the jndgment can be collected, the executive
shall refjiiire the defendant to be confined in the county
J4il or workh misc or city prison, for a term not exceeding
six months, in the discretion of the court rendering the
judgment ; and all persons who many be committed under

751 1857.

this section shiill be confined one clay for each one dollar of
such judgment iMid costs. AH expenses incurred in the
prost cation for tlie re'(»very of any fine, jienalty or for-
feiture, when c )llected shall he paid into the city treasury.

§ 17. Anj person who shall injure or destroy any bridge Penaiir.
or any public building or other property belonging to the
city, or sliall cause or procure the same to be injured, or
de.stroyed, shall h*- subject to a j enalty, not exceeding five
hundred dollars, for such otFence, to be recovered by the
city in an action of debt, and may bfe imprisoned, not ex-
ceeding six months, in the discretion of the court belore
whom such conviction may be had; and such person shall
also be liable in ;i civil action, at the suit of the city, for the
damages occasioned by such injury or destruction.

§ 18. No person shall be an incompetent judge, justice, rr«f>hoideri ■•!
witness or juror, by reason of his being an inliabitant or "i^d"'*', &«.
freeholder in the city of Macomb, in any action or pro-
ceeding in wliieh said city may be a party in interest.

^ VJ. All oif'inances, regulations and resolutions now ordinances la
in force in the city of Macomb, and not inconsistent witli
this act, shall remain in force, under this act, until altered,
modified or repealed by the city council, after Uiis act takes
effect.

§ 20. All ri^lits, actions, fines, penalties and forfeit- laiu,
Uff's, in suit or otherwise, which have accrued, under the
several acts consolidated henin, shall be vested in and
prosecuted by the corporation hereby created.

§ 21. All property, real, personal or mixed, belong- propcrij.
ing to the city of Macomb, is hereby vested in the corpo-
ration created by this act; and the officers of said corpo-
ration now in office sliall, respectively continue in the same
until superseded in conformity to the provisions hereof,
but ih.iil be governed by this act, which shall take effect
from and after its passage.

§ 22. All ordinances of the city, when printed and PubUhhtu orJi-
pubiislied by authority of the city council, shall be received "^'"*'-
ia all courts and places, without further proof.

§ 2o. The st\le of all ordinances shall be: "Z^c iV style.
ordained (>if Ihv citij cunncil of the city of Macomb.^^

§ 24. Any tract of land adjoining said city whi( h may
be laid off into blocks or lots and July platted, according
to law, and any tract of land ailjoining the cit), with the
consent of the owner thereof, shall and may be annexed
to said city aid form a part thereof.

§ 26. This act shall not invalidate any legal act done Thi« »ci nA u
by the city council of the city of Macomb, or by iit, officer>\ !iicity'*w*Bc^
nor divest tinir successors under this act of anj rights of
property, or otherwise, or liability which may have ac-
crued to or been created by said corporation prior to the
passage of this act.

1S57. 752

• '«*«4 •< «r4l>

'.k« ^ .'«. All otRcers of the city, creatoil «' oiisorvators of
thr p»*nrt» by tlii-* ii 't or tiuthorized by any otiiintince, shall
h*vt» I'OWcr lo urr»>st or cause to be i;rnstotl, witll or
wjtUout process, nil persons who shall Intuk tlu' peace,
or threuteii to break the p* ace, or be fouml violating any
ordinance of tha city* coiiruit for exautiuaiion, and, if
necessary, detain such person in custody over night or
the Sabbath, in the watchliouse or other Fatt> place, or
until tluy can be broni^'it before a !nai;istrate; and shall
liHve and exercise s«cli otlicr powers, as conservators of
the peace, as the city council may prescribe.

5} :iT. NothinjT; in this act contained shall he so con-
strued as to depri'o the city council of said city of any
p»\vers or aulhority conferred upon the same, by the acta
uiider wliieh s;iid city was incorpor«(ed, but the city
council shrtll possess and enj >T all the j>owers and authority
heretofore conferred U|)on tlie same, except so li»r as such
powers and authority are expressl) modified or repealed
by ihi3 act, or the acts heretofore mentioned.

& -6. There s!iall i»e a digest of the ortlioanees of the
city, which are of a geneinl n;»ture, pul>lished witliin one
year atlt-r the passage of this act, and a like digest within
HVrry period of five years thereafter.

^ :il». Tiiis act shall be deemed a ))uhlic act, and may
be read in evidi-nce, without proi)f, and judicial notice shall
be tak'M) (heri'of in all courts and places, and shall take
ellVct from and aiti-rits passage.

Approvkd Feb. 14, lSo7.

w^. 14, IM7. AX ACT to *oi«nd an a--' mlltlfil "An «e» to ii. corporate lb» St. Clair

Tiirii|iik<' Company."

Src TiuN 1. fie U ciuirfctl hy the. people of Ikt ftalc oj

///twut, rrprtxeiilrd in the (ieneriil %^lHseinblyy That il

' ■ '" ■" irnpike Company slull, witliin one year

• of this act, construct a road v/ay, tlui

'. wliich shall not he less than < ighteen

f • the presi-nt: turnpike from 8ny point

(h«>rcnf, with an4t to the dyke built by the city uf St>

I.- ;■■ ' "hall he taken as ii full compliance with

'■r, and all the amendments thereto.
,,^ ly ihall hav«' (ull pnwer and andiority

the ri;;lit of way fi-r sai'l road, under
liny 11^ auiii 'ri/.m^f the condemnation of landi lor thu
purp'X*' "f f fiiiiii.

753 1851

§ 3*. The said ctJmpany shall have the power and tc.iu.
authority to charge ami collect the same toll lor a lour
horse wagon as are now charged lor a coal wagon with
two yoke of oxen.

Tliis act shall he deemed a public act, and shall be in
force from and after its passage.

Approved Feb. 14, 1807.

AN ACT to establiah a ferry across the Illinois river, at Peoria, in Po- Feb. u, 1867.

oria county.

Section 1. Be it enacted bi/ the people nj the state nj
Illinois, represented in the Genera/ Jissernhlij^ The Wil-
liam P. Bryant, Thomas Bryant, Daniel Trail and Amos
Lee iMerriman, are hereby authorized to establish a ferry Ferry esubiKb
across the Illinois river, between any part of section ''''•
three or ten, in townshijt eight north, range eight (8)
east of the fourth t^4th) principnl meridian, Peoria county,
state of Illinois, and section twenty-two (-2) or fifteen (15)
in township twenty-six north, range four (4) v < st of the
third (;^d) principal meridian, in Tazewell county, state of
Illinois, and to hind upon any }>oint, on either sid«^ of said
river, on either of said sections of land, when either of
said persons named ma}' be the owner of said land, or
where said point or points may be public highways or
streets, and to charge the rates of ferriage prescribed by
the laws of this state.

& '1. Said William P. Brvant, Thomas Bryant, Daniel P''^" »• ">
rail and Amos Lee Mernman, tlieir lieirs or assigns,
shall have the right to make all necessary dykes, embank-
ments and other improvements they may deem necessary
to insure the safety and convenience of persons and property
crossing; which may be erected in any public road or street
leading to or from seid river, or may make new streets or
reads on lands belonging to them or either of them; and all
the taxes levied on the property belonging to said f*'rry, as
well as licenses charged in Tazewell county, shall be used
and expended in the improvement of the road leading to
said ferry, in Tazewell county, between the landing and
the river blutf; and all the taxes levied on said property
in the county of Peoria and in the city of Peoria, or li-
censes charged by said county or city of Peoria, shall be
used and expended on the road or street leading to said
ferry between the landing, in Peoria county, to Adams
street, in the city of Peoria.
—70

cinoaU.

lSo7. <a4

s«u .,r»^r^ ^ 8. TUnt sections {o) three, {A) four, {i^') five, ^0) six,
^8> eight, {\^^ nine, ^11) eleven, {VJ^ twelve unci i^lO) six-
tern of chapter (4:i) forty-two of the KeNistil Statutes of
IS to, in relation to toil bviiiaes anil ferries, are lieieby re-
ferreil to ami miuie a j'art of 1 his act, as lar as said sections
• re applicable to ferries: Pruvidid^ that nothing herein
contained shall j)reverjt the general asseuibly from repeal-
ing this charter in cast the public good shall hereiuafler
require the same.

This act is ileclared to be a public ai.t, and shall take
effect and be in ft>ice from aim after its i)assage.
Approvkd Feb. 14, 18o7.

F^ 14. .8i7. AN ACT to incorporate tho Uan(lol|)li Cotjiily Coal, Uailroad and Manu-
facturing Comjiany.

Section 1. Be it enacted hy the people of the state of
I/tiTiiiis, represented in the lieuerul vlsstmhlf/, That Wil-
liam B. Fondey, Thomas S. Mather, J. J. Swanwick, Jos.
B. llcdmes, L. P. Sanger, Isaac R. llitt, James C. Hall,
GrifHn Taylor, Neree Valle, L. Y. Bogy, James L. Lamb,
Thos. H. Campbell E. C. Coffey, John D.Wood, William
Mather, Joel A. Matteson, and their associates, succes-
sors, anil assigns are hereby create d a body corporate and
•»»««• politic, under the name and style of "The ll^nc'olph County

Coal, Railroad and Manufacturing Company," with per-
petual ^ucces^i()n; and by that name be and are hereby
made capable, inlaw and in equity, to sue and be sued, plead
and be impleaded, defendant! be defended in any court <»f
law and «quily in this state or any other place; to make,
have and use a coinmon seal, and the same to renew and
•iter at plea<<ure; a:u: shall be and are hereby vested with
all the power,", privileges and immunilits which are or
may be necisjary to carry into effect the purposes and ob*
ject.i of this act, as hereinafter set forth.

§ '1. 'i'he said oomj)an> are hereby aulhori;^ed and em-
};ow«rcd to locate, construct and finally complete a rail-
road, from a point 'n the bank of th(! Mi:.oiSsippi river, at
or near t!iu city of ('hestcr, upon the most eligible and di-
rect route, to tli« norllieast (juarter of section number
twenty-one, in to\/nship number five south, of range num-
ber fivr w» it of ihe third principal meridian, in Rarjdolph
county; and f )r this purp(;3e said company are authorized
t'> lay out their H;ii«l railroad, not exceeding one hundred
feet in width, through llu; whole length; and for the pur-
pose of cuttings, embankments, stone or gravel, may take

VmtLimMtmA,

«lM<t.

755 1857,

as much moreland as maj be necessary for tlie proper con-
struction of and security of said railroad; and shall have
power to extend the same to and connect with or cross
over the Central or any other railroatl within the slate,
and may make such Intcral or branch road or roads to any
coal lands bt^longini^ to said company as lluy may deem
necessary for the successful prosecution ofti.eir business.

S '■'). Said corporators are hereby authorized, by their anrveri to b«

^ , ' , . -' , ' -^ . made.

agents, surveyors and engineers, to cause siicli examina-
tions and surveys of the ground and country l)etween the
Missis.'^ippi river and tht-ir coal mines, and of the exten-
sion or laterals as shall be necefsary to determine the
most advantageous route for the proj)er line or course
whereon to construct the said railroad; and it shall be law-
ful for said company to enter upon and take possession of
and use all such lau<l and real t state tis may be necessary
for the construction and maintenance of .>>aid railroad, de-
pots, side tracks, water stations, engine houses, machine
shops and other buildings and appendages necissary for
the construction and worlcinfi of said road : Provided, that
all land^ or real estate entered upon and taken possessioij
of and used by said corporation, for the purposes and ac-
commodation of said railroad, or upon which the site for
said railroad shall have been located i»r determined by said
corporation, shall be paid for by said company, in dam-
ages, if any be sustained by the owner or owners thereof
by the use of the same for the purposes of said rriilroad;
and all lands entered upon and taken, for the me of said
corporation, which are not donated, shall be paid for by i^'maees p«i4
said corporation, at such price as snail be mutually a ^reed
upon by the company and the owner or owners of such
land; and in cage of disagreement the price shall be esti-
mated, paid and recovered in the manner provided for
taking lands for the construction of [)ublic roads, canals
or other public works, as prescribed by the act concern-
ing right of way, approved March 3, 1845; and the real
estate purchased for the rigiit of way of said company,
whether by mutual agreement or otherwise, or which
shall become the property of the company by operation
of law, shall, upon tlie payment of the amount of money
belonging to the owner or owners of said lands, as a com-
pensation for the same, become the property of said com-
pany, in fee simple.

§ 4. The said corporation may take and transport up- iru^iMoftrww-
on said railroad any person or persons, merchandize or p^''*'""
other propt rty, by steam or animal power, and may fix,
establish, take and receive such rates of toll, for any pas-
sengers and j)roperty transported iij> )n the same, as the
directors shall, from time to lime, establish; and the di-
rectors are hereby authorized and empowered to make all

1857.

756

r«-*

neo«'5sary rules, by-laws, regulations nml onlinaiices that
they m-iy ileem necessary ami i\j)fiiient to aeei'niplisli the
drsigns and |>urj>oses of said cuinpany, and to curry into
effict the provisions of this act, and for the traiisler and
«ssii;iiment of its stock, which is hereby declared personal
propcrt), and transferable in such manner as shall be i)ro-
vided bv the by-laws and ordinances of said company.

§ 6, Tbesaid ct'rporation are hereb\ vested witli power
to purchase, hold and convey real and personal estaie; to
give and receive promissory notes; to enter into and carry
on all kinds ot mechanical and manufacturing business, by
water, steam or other ju)\ver; to erect n\iils, furnaces,
fonnderies, factories and machine shops, for the manufac-
ture ot lltMir, luujber, woob d and cotton goods, iron cast-
ings, mdchinery, furniture, larming utensils, and any other
kind or description of articles not forbidden by law; and
may erect and build marine ways or dry docks, and use
the same for the purpose of rt pairing and building boats,
barges or any other description of water cralt ; may
buy, buihl and own boats, barges or other vessels, and
navigaie the same, for tiie transj)ortation of their coal,
manufactures, or for other purposes.

^ 6. Th»' capital stock of said comjiany shall consist of
five hundreii thousand dollars, and may he increaseil, from
time to time, to an amount sufficient to comj)lete the ob-
jects of said corporation; to be divided into shares of one
liundred dollars each. The immediate government and di-
rection of said company shall be vested in five directors,
who shall be chosm by the stockhold«-rs of said compiwiy,
in the manner liert ina'.ter pio\ ided; who shall hold their
offices for one year aft^-r their »'lection and until others
vhall be du'y elected and (|ualified to lake their places as
directors — a majoiity of whom shall form a (juorum for
tlie transaction of business; shall elect one of their num-
ber to be president ol the company; and said borad ot di-
rectors .shall have power to appoint all necessary clerks
•n<] other officers and iigent" necessary in the transaction
of the business ol said company.

§ 7. The persons numed in the first section of this
ict, or a mHJf»rity of them, or commissioners appointed by
a msj )rity of them, shall, after u meeting duly called by
thirty days' notice bein^ given in a m wspaper |>\iblished
in thr city ot Cheater, proceed to open subscn|it ion books
for ttid Ji'ock, at mich pi tees as they may de« m piciper;
an<i oiftll keep ^aid book^ open until one hundred and fifty
thoiiaand dolhira of aaid CBpital stock shall be taken.
Said rnrnmi^uioneri ihall rt rjiiire five <lollars on each <liare
anbacribed at the time of Hubscribiiig The said commis-
aionTi ^hall iiniiiedi,«te!y llierehf'er <'all a mej'fing of the
atockboldera, by giving thitty days' notice in «ome news-

767 1857.

paper printed in the county of Randolph; and at such meet-
ing it shall be lawful to elect the directors of said com-
pany; and when the said directors are chosen and organi-
zed, the ■^aid commissioners shall deliver the said subscrip-
tion books, with all sums of money received by them as
commissioners, to said directors. No person shall be a
director in said cf m|)any unless he shall own at least five
shares of the capital stock.

§ 8. The time and place of holding the annual meet- Anniuin.i«t4oii
ings of sai 1 company, for the election of directors, shiill
be fixfd and determined by the by-laws of said company;
and at all meetings each stockholder shall be entitled to a
vote, in person or by lawful proxy, one vote for each share
of stock he, she or they may hold, bona fide^ in said com-
pany, up'>n which all installments called have been paid.

§ 0. The directors of said company, after the same SuVfriiiUon.
shall have been organized, shall have power to open books
t) fill up the additional capital stock or any part thereof,
at such times and places as they may deem it for the in-
terestofsaid company; and all the insta.lments recjuired to be
paid on the stock originally to be taken and what may be
taken to increase said capital stock, sh ill be paid at such
times and in such sums as said directors may prescribe.

§ 10. In case of the death, resignation, or removal of v»m 1x710 .m^*
the president, or any director, at any time between the
annual electio:)S, such vacancy may be filled for the re-
mainder of the year by the board of directors; and in case
of the absence of the president the board of directors shall
have power to appoint a president, pro tempore., who
shall have and exercise such powers and functions as the
by- laws of said corporation may provide. In case it should
at any time happen that an election s:iall not be made on
any day on which, in pursuance of this act, it ought to be
made, the said corporation shall not f(jr that cause be dis-
solved, but such election may be held at any other time
appointed by the directors.

%W- That when the land of any fi m me s covert, persons PamagMin cc-
urder age, non compos nicntifi^ or out of this state, shall *'""'^**^
be taken in tie construction of said railroad, the said cor-
poration shall pay the amount that shall be awarded as
duc to the last mentioned owners, re?p(,'ctively, whenever
the same may be lawfully demanded, together with six
per cent, per annum. To ascertain the amount to be paid
to persons named in this section for lands taken for the
use of this corporation it shall be the duty of the cotinty
juHge of the couuty in which the land lies, upon notice
given to him by sa d corporation, to appoint three com-
missioners, persons not interested in the inalter, to deter-
mine the damages which the owner or owners of the land
or real estate so entered upon has or have sustained by

1557. '58

the '^ccupiktion oftliesitme; and it shall be the duty of said
comini«si«>ii»'rs, or a iixtjority of (htm, to dtllvei to said
corporuiitin a writtrn >ta(tniriit of llie award or awnrds
thf) shall makf, with :• dosorijition of tlie land or rr;il es-
tate appiai«»d — to he lecordtil hy said corporation in the
recordir's office in the county in which the land or real
tstatf so appraised sliall be; and (hen tiie said corporation
sliall he (uemed to be seized and possessed of the fee sim-
ple of all such lands or real estate as shall have been ap-
praised b) Jaid conurissioneis.

§ VJ. If any peison shall willfully or wantonly and con-
trary to law obstruct the passage of any car on said rail-
road, or shall i!am»f;e break or destroy any part of said
railroad or inipltm- nts or buildings or any j-rojicrty be-
longing to saiti Corpora ion, he, she, or they, or any person
assi-Jtiig, shall forfeit and pay to the said company, lor every
«uch offence, trt hie the amount ofdamag«s that shall be
proved before any competent court to have been sustain-
ed by said company; and such offender or offenders shall
be deemed guilty of a misdemeanor, and shall he liable to
an indictment, in the same manner as other indictments are
found, in any couT)ty or counties where su> h offences shall
have been committed, and, upon conviction, every such
offender shall be liable to a fine, not exceeding five thou-
sand dollars, for the use of the coui.ty where such indict-
ment inay ho f.->und, atid may he imprisoned in the county
j<til, for aiiv tinje, not exceeding six months, at the discre*
tion of the coui t.

§ 13. It shall be lawful for said company, from time to
time, to borrow such sum or sums of money as n)ay be ne-
cefsary for completing and finis ing or operating their
•aid rnilroad or for conducting their mining or manufac-
facturing business, and to i^sue and dispose of IIk ir bonds,
in denonunalion'* of not le*^^s than five hundred dollars, bear-
ing a rate of inter«-5t, not exceeding ten per cf^nt. per an-
num, for ariy amount so borrowed, and to mortgage the
real estate, pi rsonal property and franchises of said cor-
poration, o convey the .-ante hy dee<l of trust, to secure
tl:*" pa) m« nt of any tleht contracted hy said <'otnpany for the
jiuriio<i<r aforesaid; artd the «lirectors of said company may
coiift-r on any burjdholder of any bond issued (or money
borrowed aforrnnid the right to convert the ])rincipal due
or owing thereon into stock of said company, at pny time,
not exceeding ten years from the dati- ot the l)on(ls, tinder
•Uf-h regulations as the ilireclors f)f said company may see
fit to Ailopt; and all sale* of such bonds that may l)e made
at \rn% than their par value shall he good and a alid and
binding upon the c irjioration as if kucIi bonds had hucn
idd fur the full amount thereof.

1^' 1857.

§ 14. It shall be lawful for the corporation, at any loniHp.rT.iue-
time, to sell and dispose of any or all tlieir real estate,
personal |)roperty or francliisi*; to receive bonds, mortga-
ges or promissory notes; to issue promissory notes and
loan any surplus money and transact all or any part of
their business as fully and to the same extent as natural
persons might or could do. In the sale or mortgaging of
real estate the conveyances shall be signed by tlic presi-
dent and countersigned by the secretary, undt-r the seal
of the corporation, and be acknowledged itk the same
manner as is j)rovided by law for the acknowledging of
deeds; and all conveyances, so made, shall be deemed a
valid conveyance, in tee, of the lands therein described.

5 15. The company incorporated under this act shall Tunc of te«it-

* .1 . • 1 1 , ... . . r 1 uiiig said roU.

commence their said railroad, withm two years from anu
after the passage hereof, and this act shall be deemed
and taken as a public act, and shall be in force from and
after its passage.

Approved Feb. 14, 1857.

AN" ACT to incorporate the Wancomla Academy. 'e^- 1*5 laST.

Whereas Justus Bangs, John R. Wells, Thomas H. Pre»n»M«.
Pa\ne, T. F. Slocumb and W. M. Burbank have, with
various other persons, heretofore become associa-
ted together for the pur()Ose of erecting suitable build-
ings and establishing tin academy at the village ot
Wauconda, in Lake county, in pursuance of which
association said persons above named and their asso-
ciates have erected buildings and established an acade-
my as aforesaid; therefore.

Section 1. Be it enacted bi/ the people of the state oj Btxiypoimc »n<
ItHnoin, rcprcftenfed in the Gei\eral ^^is^embly, That Jus- *"»'^"
tu9 Bangs, John R. Wcdls, Thomas II. Payne, T. \\ Slo-
cumb and W, M. Burbank, and the other stockholders
of said association mentioned in the preamble hereof, as
have paid the amount of stock by them subscribed, and
their associates, successors and assigns, be and they are
hereby created a body politic and corporate, by the name
and style of ''The Wauconda Academy;" and by that
name and style to have perpetual succession, for the
purpose of maintaining an institution of learning as herein"
contemplated.

1^ 'J. Thecorporatii>n hereby created sliall have power, ^"n""** v^-
by their corporate name, to contract, to sue and be sued,
to ac([uire and receive, and hold, by purchase or other-

1?57.

760

wise, prop'^rty. roal, personal ami mixed, ami to use,
inanaqe an 1 employ hiuI stil ami dispose of nil such pro-
pertT or money b« loni;in«j; to said incorporation, in such
manner as to them Nliall siem proper, lor tlie promotion
of the objects and interests ot Shid corporation, lUtd to
make and establish all such rules, by-laws ami reoula-
lioos for the management of said institution and corpora-
tion as they may dtem proj)er, and not inconsistent with
the laws of this stat*-.
*»*•«* 5 ;>. Said corporation shall have a board of trustees,

consisting of five numbers, who sliall be stockholders in
said institution, ami who shall be elected annually, by
the stockholders thereof, at sucli time as shall be j)re-
scribed by the laws of said corporation — each stockholder
beinq allowed one vote in the election of officers and on
all other questions for each share of stock he may hold;
said trustees shall choose from their number a president,
Secretary and treasurer, whose duties may be prescribed
by the by-laws of said corj>oration. The said Justus Bangs,
John R. Wells, Thomas H. Payne, T. F. Slocumb and
\V. ^ M. Burbank, are liereby conslitutcd the board Ot"
trustees of said corporation, to continue in office until
others are chosen in their stead.

§ 4. The articles of association of the said Wauconda
Academy, ami the by-laws, rules and regulations of said
associiitinn heretofore formed, not inconsistent with this
act, shall be and remain the rules and regulations and
by-laws of the corporation hereby created, until repealed,
or changed by said corporation, and all the j)r()perty^
rights and credits of said association shall be and are
hereby vested in the corporation hereby created, with
full power in said corporation to maintain actions for the
\f. rtrt'.« recovery of any such rights and credits, if necessary,
whether the same hav • accrut d to said association by
Voluntary subscription or otherwise; and said corporation
shall have power, in manner as they shall prescribe, to
secure upon the property of said corporation any person
or pprsons who liave advanced money or means for the
benrfil of said association heretofore existing, the amount
by them so advanced.

§ .'». This act t.j be in force from and after its pas*
sag^.

ArruovKv Feb. 14, 1857.

»T-Uv|.

AN ACT to Incorporate the Freep^rt and State Lino Railroad Com- Fpb. u, I66i.

pai.y.

Section 1. Be it enacted hy the people of the state of
J/iinois, repri'scnted in the G m era! »/9s.u7n/i/>/, T\\»^ V>ny\d
Neiglidip, J.«mes Benson, \^ illiam Irwin, Josiali Climg-
man, Jacksi.n lUcliart, Geor,4<' Hk'"> Marcus Monteliug
and John II. Adams, and their associate?, succfssors
and assigns, are liereby crtat»d a body corporate and
])olitio, under the name and st)Ie of "The Freeport and *'y'«-
State Line K'ailroad Company," with perpt tual succes-
sion; au'l by ti.at name be and th»y are hereby made capa-
ble in law and etjuity to sue and be sued, plead and be
impleaded, dt fend and be defended, in any court of law
and equity in this state, or any other place; to make, have
and use a ccmmon seal, and tlie same to alter or renew
at pleasure; and shall be and -re hereby vested with all
the powers, privileges and immunities which are or may
be necessary to catry into effect the purj)oses and objects
of this act a? hereinafter set f.«rth; and said company are
hereby authorized and empowered to locate, construct
and finally complete a railroad from Freeport, in Stephen- Lo«aticD«f ro»d.
son county, ( ommencirg on the Illinois Central railroad,
or any other railroad now built or may hereafter be built
in Stephenson county; thence on the most eligible route
to the town cf Cedarville; then* e to some pointer points
on the north line of this state, in Stephenson county,
there to conrtect with any road or roads that are or may
hereafter be .onstructed within the state of Wisconsin
to said state line, and for thi^ purpose said company are
authorized to lay out their said ruad, not exceeding one
hundred feet in width, through the whole length of said widib •; F<*d.
route, and for the purpose of cuttings, embankments,
stone and gravel, may take as mucli more land as may
be necessary for the proper construction and security of
said railroad.

,^ '2. The capital stock of said company shall consist ^monnt of wpi-

e c \ 111 I I II 1 1 • 1 Ul iUck.

01 nve hundred thousand dollars, and may be increased
to eight hundred thousand dollars, divided int' shares of
one hundred dollars each. All the corporate ]»owers of
said company shall be vested in and exercised by a hoard
of thirteen directors, who shall be i hosen by the stock-
holders of "aid company in the manner hereinafter ])rovi-
ded, who shall hold their offices fur one year after their
election and until their successors shall be elected and
qualified; and said directors, a majority of whom shall
form a (juorum for the transaction ot busir ess, shall elect
one of their number to be the president of the company;
and said board of directors shall have power to ap|»oint
all necessary clerks, a secretary, treasurer and all other

1S57. 762

officers th'finptl necesjfary in the transa<?tion of the busi-
ness of 5«iu company.

§ 8. The said corporation is hereby authorized, by
their agents, surveyors and enpineers, to cause such
exaniinatiPTis and surveys to be made of the G;rouiHl and
the country w'lere tlie route of said railroad as shall
be iircessary to <lttermine the most advantageous route
for the proper line of course whereon to construct their
said railroad; and it shall be lawful for said company to
entwr upon and take possession of and use all such lands
and real estate a^ will or may be nectssary for the con-
struilion and niaiiitenaTice if the said railroad, its depots,
side tracks, watt r stations, engine hoMses, machine shops
an<l other buildings atid appendages necessary to ihe
construction and working of said road : Provii/cd, that
all lands or real estate entered Upon and taken poss^'ssion
of and by said corporation, for the p\irposo and accom-
modation of said railroad, or upon which the site for said
railroad shall have been located or detc rmincd by the
raid corporation, shall be p{\iil for by said company, in
damages, if any be sustained by the owner or owners
thereof, by the use of tlie same for the purposes (>f said
railroad, and all lands entered upon and taken lor the
use of said corporation, which are not donated to said
company, shall be paid for by sai 1 corporation, at such
prices as may be mutually agreed upon by the said cor-
poration and the owner or owners of such lands, mid in
case of disagret m« nt, the price shall he estimated, fixed
and recovered in the manner provided f(»r taking lands
fi)r th^ constructing of puMic mads, canals or other pub-
lic works, as prescribed by the act concerning the right
of way, approved March 3d, 184.").

§ 4. The persons named in the first section of this Qct
*• nre hereby appointed commissioners, who, or a majority
of whom, after a meeting duly called by twenty days'
notice in n«»wspaj)er j)ul)lislied in Stephenr-<in county, are
her»-by authoriT'.ed to open .subscription hooks for said
stock, at fuch places as they may deem proper, and shall
keep <aid books open until fifty thoinand dollars of said
capititl stock shall he taken. Said commissioners shnll
Tf(\u\rr each subscriber to j»ay five dollars on each share
subacribed at the time of sul>scril)ing. Tlie said com-
ini<iflioners shall immediately thereafter call a meetin;; of
the stockholders l»y giving thirty days' notice in some
newspaper printed in Stephensofi county, and at such
mrtting it shall be lawful to el-ct lie riirectors of said
company; and wlien the directors of said compa-ty are
chosen, th#! nnid eommiHsioni-ri ("hall d»diver said sub-
scription book", witi all the siitm of moi.<y received by
them ai commissioners, to saiJ directors in said company,

»(»«•

763 1857.

unless he shall own at least four shares of the capital

stock. ^

§ 5. That the rigiit of way and the real estate pur- Buhi oi •••r.
chased fi)r the r'ght of way by said company, whether by
mutual agretmtiit or (Iherwise, or which shtll beconie
the j)ropt rty of said company by operation of law, as in
this act j)rovided, shall, upon the pa)ni(nt of tiie amount
of money belonging to the owner or owners of said lands
as a compensation for the same, become the property of
said coni|>any in fee simple.

5 G. The said comuanv niay take and transport on ArticiMof »r»ii-
^;iid railroad, any per>on or jiersons, mt rchanuize or otlier
propert} , by the force and power of steam or animals, or
any combination of them, and may fix, establish, take and
receive such rates of toll, for all j)assengers and property
transported upon the same, as the Faid directois shall
from time, to time establish; and the directors are here-
by authorized and empowered to make all necessary
rules, by-laws, regulations and ordinances tliat they may
deem necessary and e.xj)edient to accomplish the designs
and purposes and to carry into effect tlie provisions of
tills act, and for the transfer and assignment of its stock,
which is ht reby declared personal property and transfer-
able in siic;h manner as shall be provided by the by-laws
and ordinances of said company.

§ 7. In case of death or resignation or removal of vse»nciw la
the president, vice president or any director, at any time
before the annual election, such vacancy shall be filled
for the remainder of the year, whenever they may hap-
pen, by the board of directors;, and in case of absence of
the ])resident and vice president, the board of directors
shall have power to appoint a president, p7'u tempore^
who shall have and exercise such powers and functions
as the by-laws of the said corporation may provide. In
case it should at any time happen that an election shall
not be made on any day on which in pursuance of this
act it ought to be made, the said corporation shall not for
that cause be deemed dissolved, but such election shall
be held at any other time directed by the by-laws of said
corporation.

§ 8. Tliat when the lands of any femme covert, person ^^*^|»^" '" •'^
under agv, nnn compos men/is, or out of the state, shall
be taken in the construction of said railroad, as is provi-
ded by this act, the said corporation shall pay the amount
that shall be awarded as due to the las; mentioned own-
ers, respectively, whenever the same shall be I iwfuUy
demanded, together with six per cent, per annum, that
the damages to be paid by said oompany for the taking
of the land of the persons named in this section shall be

aaamImmUm*

1857. 764

estimated anJ assesstnl in the manner now in such case
provide J by law.

^ *>. Whenever it shall be necessary for the construc-
tion i>f saiil railroad to intersect or cross a track of any
other railroad or stream of water or water course, or
road or his;hway on the route of said road, it shall l'«i
lawful for the coni]>any to construct tluir railroad across
or upon the same : Provii/it/^ that the said company shall
resti^re the railroad, stream of water or water course,
road or highway thus intersected or crossed to its former
sta'e, or in a sutficicnt manner not materially to impair
it* U'^efjilness.

^ l'\ Tlie time for holdino; the annual nieetinpr of said
directors shall be fixed and determined hy the by-laws of
said coinpany; and at all meetings each stockholder shall
be entitietl to a vote, in person or lawful proxy, one vote
for each share of stock he, she or they may hoKl, hojia
fuiiy ill said company, upon which all installments called
have been paid.
TrwT%»hmvm § 12. That said railroad company, hy this ace incor-
■MMraMiwa* pQ^atcd, shall have power to borrow money on the credit
of the company, not exceeding its authorized ca])ital
stock, at a rate of interest not exceeding ten per cent,
per annum, payable semi-annually, and may execute
bonds therefor, with interest coupons thereto attached or
annexed, and secure the payment of the same; by mort-
gage or deed of trust on the whole or any part thereof
of the said road, proj)erty and income of the company
thon exi'?ting or then-after to be acfjuired, and may annex
to sur-h mortgage bonds the privilege of converting the
same into the capital stock of the company, at par, at the
option of the holders, if such t lection be signified in
writing to the company three years before the maturity of
said bond^.

§ 1:5. That the directors of said comj)any be and
they are h«r»'by authorized to negotiate ami sell the bonds
of the said company, at surli times and in such |)laces,
either within or without this state, and at such ratts and
for Rncli prices as in their opinion will best advance the
int<-reil of the «>ompany, ami if such bonds are thus nego-
tiated or sold at a diiieount briow thrir par value such
ii»!e and disposition tiifr«'f)r shall be as valid and binding
on the coinj)any in '•very rfspcct as if they were sold or
disponed of at their par value.

9 14. Tliat the said comjiany, in securing the payment
of <aid botuN by a mortgage or deed of trust on the road,
proj)#Tty and inrorne of the omp^ny, shall have |»ower
to rx'Tutij a mortgage or di-rd of trust aforesaid, to
rrrcivi* til*' paymt'Hl of tin* full fimount of bonds whieli
the company may at the lime said deed of trust or mort-

««
•« xrm\

765 1857.

gage bears date, or at any time thereafter, desire to sell
and disjiosi- of, and may execute and sell, from time to
time, such amounts of said lionds and of such dates and
payable to such person or persons as to the directors of
said c^mjjun} may seem advisable till the whole amount
of bonds mentioned in such mortgage or deed of trust is
executed and sold; and the said mortgage or deed ot trust
shall be as valid and effectual to secure the payment of
the bonds so executed and sold, and of every j)art thereof,
as if the same anrl every j)art thereof had been executed
of even date wit i the said deed of trust or mortgage.

§ IT). The said company shall be allowed six years Timpaiiow«d(or
from the passage of this act for the commencement of *^'^'"»''®'*'"**
said railroad, and in case the same shall not be completed
in twelve years theieafter, the privileges herein granted
shiill be forfeited.

^ It). This act shall be deemed and taken as a public
act, aiul shall be construed beneficially for all purposes
heiein specified or intended.

Ai'i'RovED Feb. 14, 1857.

AN ACT to authorize tlie county of Jersey to levy a special tax. Feb. \4, \Wt.

Skction 1. Be it enacted hy the people of the state of
ll/iuois, represented in the General */9ssembli/y That the
county court of the county of Jersey, is hereby atithor-
ized to It vy a special tax, at a rate not exceeding four
mills upon eacl. dollar's worth of property, upon all the
taxable property in said county, to be assessed and col-
lected as other county taxes are assessed and collected,
for the Near 1857, for the purpose of erecting a county
jail and fire-proof offices for said county.

§ 2. This act to take effect and be in force from and
after its passage.

Appkoved Feb. 14, 1867.

AN ACT to incorporate the town of Kewanee. Feb. u. iwr.

Sectfo.v 1. Be it enacted hy the people of the state of
Illinois, rej)resented in the dtn'^ral jissemhli/, That the
inhabitants of the town of Kewanee, in the county of
Henry, and state of Illinois, are hereby constituted a

1S57. T66

bo<U' iH^lifio ami corporate, by tlie name and style of
• . « **Tli«' Pri«>*uient and Tni'^tees of tli»> Town of Ivewanee;"

ind by that name and stjle shall have porju-tual sncces-
sion, and n);iy have ami n*?e h common s« al, whic'i tlu^y
may ct nni;o and aitt r ;it i>loasnrr, and in wlioni tlic fi;ov-
ernrat-nt of the corporation shall he vested, ;uul by whom
its atfiirs shall be managed.

ftxtiif 5 -J. The inhabitants of ?aid town, by the name and
style aforesaid, may sne and be sued, implead and be
impleaded, defend an 1 be defendt d, in all courts of law
or equity, :ind in all actions whatever; and purchase,
receive and hold property, real or ,)ersonal, within or
beyond the limi'.s of said town for burial grounds, and
for other iMiblic purposes, for t!;e use of the inhabitants
of siiid town; and may sell, lease ;uid di^jiose of property,
real and persona', for the benefit of >'aid town, aiid improve
and protect such property, and to ilo all things in relation
thereto as natural persons.

«• 5 o. That the boundaries of the said town of Kowa-

nee shall be as follows, to-wit : Beginning at the south-
east corner of section thirty- three (;?'^,) in township No.
fifte»-n d")) north, and range No. live (r))t«ast of the fotirth

Principal meridiin, in the coun') of Henry, and state of
llinois, and running tVom thenci- due north one and one
fourlhmiles; thence west one and one-fo,.rth railts; thence
south one and one-fourth miles, i) the south line of the
said township; thence east one and one-fourth miles,
to the place of beginning: Pt'oi ilt il^ however^ whenever
a majority of the legal voters resi ling in any territory pro-

ftosf'd to be annexed to or includ* d within the corporate
imits of said town siiall petition the president and board
of trustees of said town to be so annexed to or be included
within said corporate limits, the said president and board
of trustees may, at their discretion, extend the corporate
limits of said town, so that the sani •, when extended,
shall not exceed two miles square : .7^/, pruvidvd^ f'lr-
tkrr, that at least twenty days' notice .shall be given of
the time and place when inch petition dial! be presented
by publishing the some in a public id wspaper printed in
• aid town, if any bueh there be, and by posting threu
written or jtrinteil notices in tliree j)iiblic places in siid
town, and ahso a like number in tlircc places in Suid
territory.
< tbi § i" Tite prefont president and trustees of said town,
a« at present incorporated under the pfi iieral act of
incorpor«ti'»n, are hereby apprdnted trustees of said
town, anJ "hall hoM their r^tfiee until tin ' rst Monday of
April next, and until their successors a •■■• ele<!ted and
rpidlificd; an 1 on the firit Monday of A|)rl! n«'xt, or
within ten days thereafter, and on the first Monday of

767 1857.

April of every year tlif reafter, an election shall be held
for live trustees of said town, who shall hold their office
for one year and until their successors are elected and
qualifi* d; and ten da}s' public iiotit-e of the time and
place (if holding]; any election for tiustees sljall be ^ivtn
by the piesident and trnslees, or by their ilerk, by adver-
tisine; in any weekly pa|)er published in said town, or by
j)ostinj» lip notices in three of tiie most j)ublic places in
said town. No person shall be elected a trustee of said
town wlio shall not be qualified to vote for state and
county officers, and who shall not have been for one jear
previous to such election a resident and bn mi fide free-
holder within the incorporated limits of said town.

§ 5 That at any election for trustees, every person iiceutot.
who shall be qualified to vote for state officers, and who
shall have had a residence within the limits of said cor-
poration for six mouths previous to such election, may
enjoy the right of^an elector.

§ (). That the trustees shall elect one of their cumber omcere of b«*rd.
president, and shall be judges of the elections, qualifica-
tion and r«turns of their own members — a n»ajoiity of
whom shall constitute a quorum to do business, but a
smaller i amber mav adjourn from day to day and compel
the attendance of absent members, in such manner and
under such penalties as they may }»rovide, and punish
their members for disorderly conduct, and by vote of
three-fifths of the wl (de number elected exjiel a member;
and make such other rules and regulations for their gov-
ernment as to them may seem proper and exjiedientj and
shall have power to fill tny vacancies in the board of
trustees, occasioned by death, resignation, removal or
continued absence from town for.thiee months or other-
wise.

«i 7. The president and trustees of said town shall
have power.

First — To cause all streets and alleys and public inr«ou.
lands witliin the limits of said town to be kept in good
repair; and to this end they shall require every male
resident of said town, over the age of twenty-one jears,
to labor on the same, not exceeding three days in each
and every }ear; and, if such labor be insufficient for that
p irpose, to appropriate so much frotr. the general funds
of the corporation us they shall deem necessary there-
for.

Second — To open, alter, vacate, widen, extend, estab-
lish, grade, pave and otherwise improve any sreets, ave-
nues, iuiiCS, alleys and public roads within the limits of said
t3wn.

Third — To make, construct and keep in repair side- Bidew.iu »m
walks or pavements in front of any lot or lots adjacent to "•''«"'*"'•

Id57. T68

street or streets in said town, and to K-vy and collect a
tax, (torn (line to time, »i}>on the lot or lots in front of
which su«'h sidewalks or pa\tMncnts are or shall he
ordered and proposed to be made, coii«trueted or ke)>t in
repair : Prmiiitdy snch tax shall be on such lots propor-
tionate to the length ot their respective Ironts. And
until the said presidiMit and trustees shall provide, by
ordinance, for the levvuf; and collecting of said tax,
thev shall enter upon the records of the corporation,
whenever they shall (i«'sire to collect such tux, a resolu-
tion that such tax shall be levied and collected, and tlie
number of the lot or lots upon which the tax is proposed
to be levi d, and the amount upon each lot; and a certi-
fied copv of such resolution shall be filed in tiie ollice of
the clerk of the county court. It shall then l»e collected
in the manner provided in the ninth section of an act
entitled "An act to incorporate towns a »d cities,"
approved February lOth, 184i>, for the collection of other
corporate taxes.

vuw Fourth — To levy and collect taxes upon all property,

real and personal, within the limits of said corporation,
not exceeding one -half per cent, per annum upon the
assessed value thereof, and may enforce psyment thereof
in any manner to be ])rescribed by ordinance, not repug-
nant to the constitution of the Utiited States and of this
state; but until they provide, by ordinance, for < nt'orcing
the payuient thereof they shall be ollected iti the manner
provMled by the ninth section of the act aforesaid.

HMk u b« r». Ftf/h -To restrain, regulate or j)rohibit the lunmng at
Urge of cattle, horses, sheep, swine, goats and other
animal^, and to authorize the distraining, impoui ding and
sale of the sam«*, anil to prohibit any indecent exiiiution
of horses or other animals.

.Sj>//i — To prevent and regulate the running at large
of dogi, anri authorize the deHtrurtif)n of the same when
at large contrary to any ordinance.

S'venlh — To prevent horse racing or any immoderate
riding at driving within the limits of said town of lutrses
or other animal"*; to compel person.s to fasten their horses
or othf-r animali attached to vehicles or otherwise, while
standing or remaining in any street, alley or public road
in ill h town.

l-lU^Ul'i — T'> establish and m lintain a public pouinl and
a^,»oinl a pound ma«it«r and pr«*scrihe his duties.

mYinth — Ti» restrain and prohibit all descriptions o(
ga ntiling and fraudulent devices, and tr> suppress and
pruhibit billi.'ird tables, ball alleys and other gaming
•ftaSlifhmfntff.

Trnlh — To suppress and prohibit disorderly houses,
grocericf and housei of ill fame.

IM ^y^m%.

769 1857.

Eleventh — To license, regulate, suppress and prolilbit Lkcmes.
all e.^liibitions of common showmen, shows of every kind,
caravan*', circuses and exliibitions and amusements.

Tuclfth — To j)revent, suppress and prohibit any riot,
affray, disturbance or disorderly assemblages, assaults,
assaults and batteries, or disorderly conduct or shooting
within the limits of said town.

T/urli I ntk — To abate and remove nuisances, and pun- Kuijancef.
ish the authors thereof, and to define and declare what
shall be deemed nuisances, und authorize and direct the
summary abatement thereof.

Fourteenth — To make regulations to prevent the intro-
duction ol contagious diseases into the town, and execute
the same for any distance not exceeding two miles from
the liniits thereof.

Fifltenth — To regulate the storage of gunpowder and
other combutible materials.

Sixteenth — To proviile for the prevention and • xiin-
guishment of fires, and to organize and establish fire
companies.

Secenti-enth — To provide the town with water, for the F-^es.
extinguishment of fires and for the convenience of the
inhabitants.

Eighteenth — To provide? for inclosing, improving and
regulating all public grounds and other lands belonging
to said town.

J\rinetecnth — To provide for erecting all needful build-
ings for the use of said town.

Twentieth — To make all necessary regulations to
secure the geneial health of the inhabitants thereof.

Twcntij-Jirst — To suppress and prohibit tlie selling,
bartering, exchdiiging a. id tratTic of any v/ine, rum, gin,
brandy, whi-iky or other intoxicating liquors, within tiie
limits of said town : Provided, thnt they may allow bona ^*'® **' ''i'»'^*'
Jide druggists to sell the same, in good faith, for purely
medicinal, mi;chanical or sacramental purpose", and for
no other purpose.

Twentij-seccHd — To appropriate and provide for the
payment of any debt or expenses of the town, and to fix
the compensation of town officers.

TwL nil/- third —To make all ordinances which shall be pouce reicnia-
necessary and jnoper for carrying into execution the """•
powers specific* in this act or wliich they may deem
necessary or expedient for the better regulation of the
internal police of said town, and to execute the same,
and to impose fines, forfeitures and penalties for the
breach of any ordinance or any of the provisions of thi^
act, and to proviu'; for the recovery and apjj;-opriation of
such fines and fu 'eitures, and the enforcement of such
penalties: FroutiJi.J, tliat in no case, except in assaults,
—71

1S57 TTO

T«« «Qat*tl*.

is<atilt« anil batterie.^, riots or atfrays, shall any such fines
or juMjaltios txct'tHJ the sum of thirty ilollars lor any one
offence.

§ 8. That the j^resiiltMit and trustees of said town
shall have power to a|)i)oint a town constabh' tor suid
town, whose duty it shall be, wIumi so a|.|)oiuttd and
sworn into olHcc, to execMite, anywhere in llt-nry county,
any writ, process and precept which may be issued
•gainst any person or persons for the violation of any
ordinance of said corporation, and to arrest, on view,
any and all persons wlm may violat.; the same, and to
take them before any justice of the peace of sai<l town;
and to collect any fine for forfeiture and penalty which
raay be assessed or recovered for the use of said town:
Profit/ei/y that any other constable may execute any
process issued by any justice of the peace by virtue of
this act; also to apjioint a cleric, treasurer, street cojn-
mi<sioner, board of health, and all other officers that may
be necessary, and to prescribe their duties, and may
require bonds from the several officers for the faithful
dischar^e of their duties.

T •» cJtrk'* do. § 0. The president and trustees shall require their
"^' c'erk, and it shall he his duty, to make and keep a full

and faithful record of all their proceedings, by-laws,
ordinances, and of the time, place and manner of the
publication of such ordinances and by-laws, in a book to
be provided for that purpose; and such book, purjyorting
to be the record of the corporation of the town of Kewa-
nee shall be received in all courts, without further proof,
as evidence of all such matters tlierein ( ontained. And
all ordinances, before taking effect, shall be jiublished at
lea<«t ten days in a newspaper published in said town, or
by posting up copies of the same in three public places

».<»*,. .4 H«u of paid town. Any fine, penalty or forfeiture incurred
under this act or any by-law or ordinance made in
pursuance of this act, that may be passed amendatory to
this act, mrty be recovered, together with costs, before any
justice of the peace, in the corporate name; and several
fines, forfeitures or penalties for breaches of the same
ordinances or bv-laws, not exceeding one hundred dollars,
miv b»« recovered in one suit; atnl the first process shall
br- a summons, unless oath or affirmation be made for a
warrant by Pome credible person Hut in all cases of
Bst«ii|», assault and battery, affray or liot, a warrant
fhtll issue for the arrest of the offender or ofl'.nders, in
the same manner as for like offences against the laws of
the state. It nhall he lawful to declare- gMi. rally, for
di'hf, such fines, p.-nalties or forfeitures, pfating the clause
of this art or the ordinance or by-law niKf.r which the
fame arc claimed, and to give the special matter in evi-

in 1857.

dence under tlie declaration; and the justice shall proceed
to hear and det'^rmine the ca>e, as in otiier cases. Upon
the rendition of judfrment for any such fines, penalties or
forfeitures, the justice shall issue his execution for the
same and costs of suit; which may be levied upon any
personal property o( the defendant or defendants, not
exempt from executio'i. If the constable shall return
upon such execution "no property found," then the jus- ixenitio**.
tice shall issue a capias against the body of the defendant
or defendants, and the constable shall arrest such person
or persons and commit him or them to the jail of the
county, to remain f(»rty-eif];ht hours; and if the judgment
and costs exceed five dollars, then to remain in close
custody in said jail twpnty-four hours for every two dol-
lars cer and above the said five dollars; and so in i)ro-
portioa to the amount of the judgment and costs: Provi-
ded, hoicvrer, if the said president and trustees, or their
attorney, shall require a transcript of the judgment and
costs to be certified to the clerk ol the circuit court of
the jiroper county, to have the same levied upon real
property, and signify the same in writing to him, he shall
not issue a capias, as aforesaid, but siiall, without delay,
certify a transcript thereof and all the proceedjings,
according to law, to such clerk; which shall be filed and
recorded as in other cases; and such judgment shall have
the same force and effect as judgments rendered in the
circuit court: Pruvidscf, an appeal may be granted within appchs Brw\t*.i
five days after the rendition of judgment, with the same
force and effect, rights and privileges, to all parties, as in
other cases.

§ 11. The justices of the peace and constables who
may render service under this act shall be entitled to the
same fees and collect them in the same manner as is or
hereafter may be provided by law in other cases.

§ \'l. The president and trustees shall not be required,
in suits instituted under this act or ordinances passed by
virtue thereof, to file, before the commencement of any
such suit, any security for costs.

§ 13. All fines, forfeitures and penalties received or Treafury.
collected for the breach of any ordinance or this act,
shall be paid into the treasury of said corporation by the
officer or person receiving or collecting the same.

^ 14. The inhabitants of said town are hereby exempt- ■••>! t**.
ed from working upon any road beyond tlie limits of
the corporation and from paying any tax upon property
within its limits to procure laborers to work upon any
guch road.

§ l.j. All ordinances, by-laws and resolutions passed
by the presic'ent and trustees ot the town of Kewanee,
as incorporated under the general law, and which are

1^57. 772

now in force and not inconsistent herewith, shall remain
in force until the same shnll be rejiealeil by th«" president
ami trustees of the corporation created h\ this act.

^ ll). All actions, rights, fines, penalties and forfeit-
ures, in suit or otherwise, whieh have accrued to or have
been commenced by the president and trustees of said
town, incorjioratrd under the general law, shall be vested
in and prosecuted by the corporation hereby created.

5 17. All proj)erty, real and personal, or any estate
or interest tlierein, held by or belon<;iiig to the j)resident
and trustees of said town of Kewanee, as incorporated
under the general law, for the use of the inhabitants
thereof, shall be and tlu' same are hereby declared to be
vested in the corporation lurehy cnatt d.

§ 1>^. This charter sljall not invalidale any act done
by the president and trustees of the town of Kewanee,
as at present incorporated; and all taxes assessed in favor
of said corporation, and wliicii have not yet been jiaid into
the treasr.ry thereof, shall, when collected, be paid intt>
the treasury of the corporation hereby created.

^ I'J. This act is hereby declared to be a public act,
and may be read in evidence in ail courts of law or ecjuity
witliin this state, without proof.

^ -^K This act to take effect and be in force from and
after its passage.

Approvkd Feb. 14, 1857.

rrk.ll.149% AN ACT to ameml an act rnlitlcil '* An net to autliori/o llic Iiiiliana anil
Illiiioii Central Uailroad Coiii]iaiiy tu extend iticir roii<l,'' u]i|iruvcil
February 14lb, 1955.

Section 1. /ie it funclrd hij the pcnp/r af tho state oj
lUiintit^ rrprcncntcd in the Genvral *^Jssvmhh/, That so
r*- much of section one of said net as causes said company to

*'* ' terminritf their road at the iMississij»pi river, in Madison

county, north of township tw<> (:i) north, opposite North
Market str»-et, in the rity of Saint Louis, be und the same
11 hereby repealed: /'r/z/'/VAv/, sail ("ompany shall hr ])«'r-
mitted to terminate their road at any point they may select,
«*n tins Mijdi.ssip|>i river, but opposite the eity of Saint
Louis.

§ *J. Sai«l company shall commence their said road in
three and firnsh the same in seven years from nnd after tl.o
paiis<ige of thin act.

I) •>. This act Rhall be deemed a public act, and be in
force from and after xin passage.

ArpRuvED Feb. 14, 1H;'>7.

773 1857.

AN ACT to incorporate the Dunleith and Dubuque Bridge Company, ^.-b. u, i667

Section 1. Be it enacted by the people of the state oj
Tf/inois, repreaentcd in the General ^^issenihli/^ That Sam-
uel D. Lockwood, John A. Clark, of Frecport, and Kdward
H. Beebo, their iissociates, successors, heirs and assigns,
be and the same are hereby created a body corporate, by the
name of "T!ie Diinleitli and Dubuque Bridge C )mpany," Nimo and •tyie.
with power to build, maintain and use for railroud and
other pur|)0ses, and as a public highway, a bridge over
the Mississippi river, or that portion thereof within the
jurisdiction of the state of Illinois, at or near Dunleith, in Lofatiou «
such manner as s'lall not materi.illy obstruct or interfere "'*' '
with the free navigation of said river, and to connect such
bridge, by railroad or otherwise, with any railroad or other
public road, either in the state of Illinois or Iowa, termin-
ating at or near said point; and to contract with any cor- coi.iracts <o \t
poration or municipal authorities in either of said states, """'*'•
for the construction and maintenance of said bridge, and
to establish rules and regulations for the government,
management and use thereof; to unite and consolidate its
franchises and property wid to give notice
to sai<l subscribers, either by personal notice to each sub-
scriber or by publication in some newspaper published in
the counties of Gallatin or Hardin, or Madison, that at
some time and place, to be specified in said notice,
but not until after ten days from giving the same, a meet-
ing of the said stockholders will be holden, to elect seven

kMr4 «t tftr«<
to(V

1357. '^0

director;? o( >'aul company. At the time appointed for
■t^mtf •'t'*'- such inootinix tMe stocklioKlors aforoi^aiil shall i l-ot seven
''^ persons, who are stockholders of said coinpa ly, to be

directors — ti> h< Id their otHces until the next annual meet-
ing, and until their successors shall be qualitled. A
meetinjj of the stockholders of said company shall be held,
annu.Uiy thereafter, at the time and place designated, or
at such oth»»r time as tlie board of directors m.ty from
tinuj to time appoint by the l)y-la\vs, to elect directors
and to transact such other business as may be required of
them. A meeting of the stockholders may be called at
any time by tlu> president or by any two directors. At
all stjck'iolders' meetings each share shall be entitled to
one vote.
o»Mr« ef ih» §4. As soon a« the first board of directors shall be elect-
ed and qualifu'd the affairs of the said railroad company
shall be thenceforth managed l>y them ; and the persons
holding the etfects of the company shall immediately de-
liver ttio same to said board. Tlie directors shall choose
one of their number to be president ; shall frame a system
of by-laws, in conformity with which the other oH-fers and
agent« of the company shall be appointed ; and they shall
require from their treasurer and from such other persons
as they think proper sufficient sectirity to insure their
faithful accounting ot moneys in their hands.

§ .'). The said corporation is authori/.ed to enter upon
crwittrjr land and make the surveys n»eessary to enabb- them to

determine the most eligible liti" of railroad between the
points aforesaid, and to ac(juir»-, by donation oi purchase
or otherwi-^p, a strip of land fi'ty feet in wid'h, on each
side of saiil line, and, likewi'^e, Mich olher land as is ncces-
.lary to furniih earth, gravel, witer and the rii!;lit of way
to the samf, or as may be ncces^ary f()r woodyaids, ware-
houses, workshops, stations and station accomn.odations.
If the owner of such land shall not agree will) the said
corporation for the price the s iid corporation shall mak<<
compensation to the owner in the manner provided by
law, approved JJd of June, 1H..-2, for ctoidemning land to
public uses ; and when payment shall be. made, in the
mann'-r pn /jrribrd by said law or dfpositrd wilh the clerk
of the court wln-re iJie |>roccrditig ■ are had, the said com-
pany thall thereby acquire an estate, in fee simple, in the
property thus taken. And there is hereby granted io the
said company all the rights whi(di tlie stale ol Illinois now
liold<i in or to the Alton and Sliawneelown railroad, rom-
Benrrd under the act of Febrtiaiy , 1H;;7, inc'udirig
the rig'il of way and the track of the, same, as far a*; con-
ttnieted or laid out, and the iurveys and field nol"S of
the lam^, exeejil *o much of said A Iton and Shawnet Lown
road as lief wcit of Ldwnrdsville. Madison county, Illi-

aiXbl r< WIT

781 1857.

nois, and as has been heretofore granted by this state to
any otlitr company or to the county of Madison, or as has
been f'r.mted at thf present session to the Madison coun-
ty Railroad Compaiiv : Pruvided, tlii.i section shall he
null and void, and of mo effect, if the stid road shall not he
built and be in coinphte running order .vithin seven years
after the passage of thij act.

5 (>. It shall he lawful for the said railroad coinpany Article. of tr«B»-
to receive at its warehouses and to transport passengers,
merchandize and other commodities, an I to receive in
navment such i»rice as its directors from lime to time may

IJ. ..*i •!• . .1 • iii- „..^l. Tralni regulated

require. And the directors are authorized to trame such
regMl;iti.)ns touching the transportation and delivery of
passe.:gers, baggage and other commodities as shall, in
their opinion, tend to the safety of passenger ■ or the secu-
rity of property or to insure punctuality i" the adjust-
ment ol the accounts of its agents or the prou pt delivery
and payment of its freights or to carry into eli'ect the ob-
jects of this act after its true intent and meaning.

5 7. The said corporation shall have power to borrow Power to borrow

5 /•! • 1 • A. c • Ml nioney and j»-

money for the construction .mu equipment ot it.-' raiiroau mo iwndi.
to an amount of its capital .>uock existing at th-' time of
said loan, and to issue bonds and sell the same, tt above
or below par, either in or out of this state, for the payment
thereof, at any rate of interest not exceeding ten per
centum per annum, payable either within or without this
state, and to mortgage its railroad, its franchises, its right
of way and all its property, r al and personal, either then
owned or afterwards acquired, and likewise the capital
stock of its stockholders. Any mortgage or conveyance. Mortgages,
in trust, of its railroad, shall be so construed as tu convey,
in mortgage or in trust, the rolling stock of said company,
either held at the date tlierf of or alterwards acquired,
unless expressly excej)ted therefrom, and also the fran-
chises of said corporation. It the payment of uie moneys
thereby secured shall be afterwards enforced t . a sale ol
the property thus conveyed such sale shall convey to the
purchaser the i iglit to hold and exercise the said fran-
chises as fully a> the same riglit was possessed b} its pre-
sent owners and divested of all claims of such ( editors
as held no lien upon the property conveyed an. rior w
paramount to the lien of mortgage or deed of tru: .

§ 8, The Ohio River and .\Iton Railroad Coi . any is
hereby authorized to lay its track across any other ra Iroad,
highway, street or water course, but it shall restoie the
point of crossing, as near as may be, to its former slate, so
that its former usefulness shall not be materially inii»aire(l.

§ 0. Tliesaid Ohio River and Alton Railroad Cjinpany Power t« ra.\ke
is hereby authorized to unite its track with the track of any 'wuh%V.'»?*oem.
other railroad company, where the lines of such railroad ^"'*-

1S-.7. "^•-

admit a continuous connection ; ami sucli railroad compa-
nies art' nutliori/od to contract wiili cacli otlicr for run-
ning connections or tor the use of cars and*niacliinery of
one company on the railroad of tlie other or upon any
other arrani^einents to facilitate their mutual business.

f^fgf^x § 10. The corporation hereby created shall coininence

••^ ■■'■"■■ the construction of its railroad within three years and
shall complete and jiut in operation at least ten miles of
its track within ten years, or privileges conferred by this
act shall become null and void.

^11. This act is hereby declared to be a public act,
and shall take etfect from and after its passage.

Approved Feb. 11, 1867.

r«»- lit 1997. AN' ACT to incorporate a company to improve the harbor at LaSallo,
and for manufacturing, mining anil other purpoaea therein expressed.

Section 1. He if enacted hi/ the people of the state of
f//in'>isy represeixteii in the General ^^^meinhf;/^ That George
Barnet, Alexander Cruickshank, T. B. Blackstone, Alex-
ander Campbell, John S. Miller, Harrison Earl, Isaac
Hardy, Giles A, Lindley, R. G. Parks and Churchill
Cotiing, their associates and successors, be and they are
hereby con^Jtituted a body corporate and jiolitic, to have
VMM Bad ftTi*. perp»'tual succession atjd existence, to be known as "The
La Salle Harbor Improvement Company;" and by that
nam«* aiid style shall be capable, in law, of taking, holding,
ptirchasiiig, leasing, selling and conveying estate and pro-
perty, real, personal and mixed; and in their corporate
name may sue and be sued; have a common seal, which
they may alter and renew at pleasure; and may have and
ex»'rci<e all powers, rights, privileges and immunities
whic'i ar«- or may be necessary to curry into elFect the
purpo<e an«l objfcts of this act.
a J, •• —xt ^ 1. Thcr La Salle Harbor Imj)rovenient Company
i.C»i»v<*'li^it?n "hall have full power and authority to mter upon the land
**■?""''. .V lyinu north of the steamboat channel, desicnated upon the
plat 'if the city of La Salle as block*? number one hundred
atid f'»rty-nine ( 1 \\),) one hundred and fifty (L">'>,) one hun-
dred ami fi(ty-one (|.'»1,) one hundred and fifty- two {\^)'J.,)
one hiiri(lr»M| and fifty-three {\W.\^) and one iinndr«*d and
futy-fi)iir ' l.'>Li for thf pnrjiose of making and coin|>leting
the enlargement of the steamboat chanrnl and of making
•lid constructing slips or side cuts on said blocks, con-
necting with said ehannid, and (rxtending said enliirgc-
mcnt to the weal line of the city of i-a Salle, the same

watt.

783 1857.

/ ^— ^■^—

being done in accordance witli and subject to the terms
and conditions of a contract made and entered into upon
the 21st diiy of May, A. D. 1S5<), between the aforesaid
George Harnett, Alexander Cruickshank, T. B. Black-
stone, Alexander Campbell, John S. Miller, Harrison
Earl, Isaac Hardy, Giles A. Lindley, li. G. Parks and
Chnrcbill Cutfing and the board of trustees of the Illinois
and Micliigan canal, under which contract the said Bar-
nett and others have already commenced said enlargement,
&c. — said company being subject to all liabilities and in-
vested with all the privileges and rights contained in or
conferred by said contract.

§ 3. The capital stock of said company shall be one Capiui stock,
hundred thousand dollars, which may be increased from
time to time, by ii vote of a majority in interest of the
stockholders, at their annual meeting, or at any special
meeting which may be called for that purjiose by the di-
rectors of said company, to any sum, not exceeding three
hundred thousand dollars; which stock shall be divided
into shares of one hundred [dollars] each, and shall be shares or »to«k.
deemed personal property, and may be issued, certified,
registered, transferred or apportioned in such manner as
may be ordered and provided by the board of directors,
who shall have power to require the payment of stock
subscribed or apportioned in the manner and at the time
and in such sums as they may direct; and on the refusal
or neglect on the part of stockl.olders, or any of them, to
make payment, on the requisition of the board of direc-
tors, the shares of such delinquents may, after thirty days'
notice, be sold at auction, under such rules and regula-
tions as the board of directors may adopt.

§ 4. All the corporate powers of said company shall Bn»rd ©r -ureo
be vested in and exercised by a board of directors, to con-
sist of not less than seven nor more than eleven in num-
ber, and such other officers, agents and servants as they
shall appoint. The first board of directors shall consist
of George Barnet, Alexander Cruickshank, T. B. Black-
stone, Alexander Campbell, John S. Miller, Harrison Earl,
Isaac Hardy, Giles A. Lindley, R. G. Parks and Churchill
Coffing, who shall liold their offices until their successors
shall be elected. Vacancies in the board may be filled by
a majority of the directors remaining. Such board of di-
rectors may make by-laws and rules appointing the time
and regulating the manner of holding their elections, and
for the management of their property and the regulation
of their aflairs.

§ •"). Said corajiany may resurvcy and replat the ground «wnrv»y of r«.r.
designated on the plat of the city of La Salle as blocks
140, 150, 151, 152, 15:% and 154, aforesaid, obtained by
purchase under the contract with the board of trustees of

1857. T84

the Illinois ami Michigan canal aforesaid, and lay the saino
out into suitaMe block'? and lots as shall be most con-,
vf nit'ut for business purposes, conlorniiiii; to the enlarge-
men: of the steamboat channel and the slips and side cuts
connecting therewith, suitable streets being reserved for
public convenience; said resurvey and replatting, when
completed and recorded in the recoider's office of La
Salle county, shall operate as a resurvey and replat*ingof
saiil ground ami be a substitute for the former platting of
said blocks and lots.

riiitiiiutuiiii ^ ^' ^''® ^"'"^ company shall have power and are
»*»*^ hereby authorized to purchase, hold, and alienate lands

that may be necessary to carry out the objects of this act
of incorporation, and to mine and work the coal beds
therein, and to transport to market and sell the coal mined
therefrom, or to convert the coal so mined into coke;
and also to construct warehouses Uj)on the steamboat
channel, or upon the slips; they may also construct and
carry on furnaces lor the manufacture of iron, build and
v/ork foiges and rolling mills, erect mills, and construct
any kind of macliinery and work the same lor manufac-
turing purposes, with proper buildings ami fixtures, as
two-thirds ot the board of directors by their vote shall
d«:clare to be exj-edient.
._^_^ S 7. Said comjiany is hereby authorized, from time to

^orvaim moaer. tim*-, to borrow sucli sum or sums of money as may be nc-
ces-iary for com^ileting and finishing tho construction of
•aid nlargement uf the steambobi channel and the side cuts
orsli^is connecting therewith, an! for the other purposes
embraced in this act; and to issue and dispose of their
bonds, in denominations of not less than five hundred dol-
lars, for any amount so borrowed, and to mortgage their
corporate proj)erty or convey the same by deed of trust
to 8ecur«r the payment of any debt contracted by said com-
pany for the purposes aforesaid: /'/vy/vVAv/, that at no time
shall the b )nd.4 issued exceed more than one-half of the
capital stock of said company.

^ 8. Tliis act to take elFect and be in force from and
after its passage.

AFraovKU Feb. 1 1, 18.37.

r«k. Ik IMT. ^^ ACT l'» incorporate llio Whealon Omet«ry Aisoclatlon.

Section 1, /Jr. il ciiactrd hi/ the. ftroplc of lliti ntatc uf
lUiiioiA, rrprentntrdin tin (iencrtiL'Js.tvii.hlij^ That Orlando
Wakelce, lOrafftu^ ^^*»^y> JfJ^'se C. Wheaton, I>)man K.

785 1857.

DeWolf, Avery Chadwick, Peter Northrop and Warren L.
Wheaton, and tlieir asnociatf'S, sticcessors and assigns, be
and tliey are hereby created a body corporate and pcditic,
under the name and style of "The Wheaton Cemetery Ktme «nutiy»e.
Association," near the vdlage of VVlieaton, in the county
of Dii Paf:;e; and l>y that name shall have perpetual succes-
sion, and be and they arc hereby mide capable in law and
equity, to sue and be sued, plead and be impleaded, de-
fend Hud be defended, in any court ol law or erjuily in tl is
state or elsewhere; to have and use a common seal, and
the same to renew and alter at pleasure; to contract (»r be
contracted with; to take iind hold land, in fee simph , and
personal property, and to sell, dispose of, and convey the
same, and shall be and are herel)y vested with all pouers,
privileges and immunities wliich aie or may be nece'«sary
to carry into effect the purposes and objects of this act,
as hereinafter set forth, and to do all such other acts and
things as are incident to a corporation, and not in conflict
with the constitution and laws of this state or of the Uni-
ted States.

§ '2. The affairs of the corporation shall be managed nirect<jri.
by a b )ard of directors, consistiui^ ot five persons, who
shall be members of the corporation, and be elected an-
nually, by ballot, and hold their ottices until their succes-
sors shall be elected and qualified. Tiie annual eleciion shall
be on the first Saturday in January, in each year, but the
corporation may, bv its by-laws, fix any other time for the
annual election. The first election of directors may be
had at any time after the passage of this act, on six days'
notice being given, in writing, to each of the members of
the corporation, of the time and j)lace of meeting. Said
notice may be given by any two of the persons above
named; and the directors so elected shall hold their offices
until the next annual election and until their successors
shall be elected and qualified.

§ o. Tiie cor|)oration may, by its by-laws, provide for
other otficers of the corporation, and prescrib ■ the man-
ner of their election or appointment, and define their
term of office and duties, and also the value of their ser-
vices.

§ 4. The board of directors shall appoint a president omc<«™ .r »*«i<t.
of the board, who shall also be president of the .corpora-
tion; and the hoard shall appoint a secretary and treasu-
ler, who shall hold their respective offices for one year and
until their successors sliall be appointed and (jualified.
The several officers herein named shall perform tltc duties
usually imj)lied by such offices and <uch as shall be j)re-
scribed by the by-laws of the corporation. The treasiirer B^nd of o«j€»r»
shall give bond to the president of the corporation aiid his

f.-»»r to \.y'<l

1S5T. TSG

sucrc«5tors In offico, in sucli snm as sliall he fixed by the
b) -laus, oomlitionrtl tor the laitl.lul |u>i tonnanot' of his
iliitios, and with such other conditions as shall he prescri-
brd by th by-laws. The cornoration may also recjuire,

•y-tow*. by its b) -laws, any other of its otficers to give bond, in such

sum anil with such conditions as shall be necessa'y to pro-
tect the lights of the corporation and of individuals; and
upon the brt-ach of the ciuulilion of either of such bonds
the president, for tlu' time being, may bring suit thereon
in any court having jurisdiction, and ]>rosecute the same

r.rK>ct(.^ to final judgment and execution. Ii. case of a vacancy

occuring in llie boanl of directors, between the times of the
annual meetings, the remaining nuinl)ers of the board shall
have j)ower to fill such vacancy until tlie next election of
directors, by the aj>pointment of some suitable person, a
member of the corporation, to fill the vacancy. A majori-
ty of the board of directors shall constitut»> a quorum for
the tiani^action of business, unless the corporation shall
otherwise pro\ide by its bylaws.

^ o. The corporation shall have power to take and hold,
by purchase, gift, grant, devise or otherwise, any quantity of
land, in the county of Du Page, not exceeding twenty
acres, for the sole purpose of a cemetery and tlie inter-
ment of the dead; and when the cor])oration shall have ac-
quired such land and tlic title thereto shall have been vest-
ed in it or in trustees, for its use and benefit, for cemetery
purposes, as contemplated by this act, the same shall be
forever thereafter exempt from all assessments and taxa-
tion ami from seizure and sab* on execiition, or l)y any
ordrr or decr»e of any court, and from any appropriation
of the same or any part tlu-reof for pul)li(! usrs or purpo-
sc<; and the burial lots into which the land may be divi-
ded shall also be exi-mpt from all assessments, taxation and
Kei/iire or sale, on execution or by any order or decree of
any court and from any approj)riation to ]iuhlic purposps*
whether the said lots shall he held and owned by tin; said
oorjinralion or iti granti-es or assigns. Tlie corporation
shill hnvp no power to sell, alienateor in any way convey
or appropriate the said land for any other than ceme-
tery purjioflrf, nor shall owners of lots have power to
alienatr, convey or in any way apj>ropriat«' any of the
lot* on Ji.tid land, for any oth'-r tis(; or purpose than for
the int»«rmrnt of the drad : Pmriiledy hoirrrrry that the
rorijoratiofi may mortgagp or convey, in trust, any j)art of
f»aid land which shall not be laid out in lots, for the pur-
po*o of rai^inpj and securing money to pay the exjtcnses
of laying out, fmeing, and improving said land and fitflnpf
it for e«m«tery jmrpotcs, and to drfray ih*! ••xpirises of
the a«»«iociation; but no lota on tli<? part of tin; land so
mortga^pd (»r conveyed in trust, shall be sold and convey-

787 1857.

ed by the corporation until the mortgage or trust deed
shall be, as to such lots, discharged, so as to be no incum-
brance on such lot)j.

§ i>. The conveyance of lots from the corporation to Convor«ncos.
individuals may be by a deed of the president, under his
hand and the seal ot ihe corporation, or such sale may be
evidenced by certificate, signed by the j)resident and
countersigned by the secretary, under the seal of the cor-

f (Oration, specifying that such person is the owner of the
ot; and such certiiicate shall vest in the proprietor, iiis
heirs or assigns, a fee simple in such lot, but for the sole
purpose of interment of the dead, under the provisions of
tliis act and the rules and regulations of the corporation.
The secretary, in ;i book to be by him kept for that j)ur-
pose, shall enter thercn a lull memorandum of all lots
sold, and the date of the deed or certificate conveying the
same.

g 7. The corporation shall cause a plat to be made of ^'*'°^ '•^•
the land to be laid out into lots for interment, designating
such lots by consecutive numbers for convenient selection
and description; which plat shall also exhibit the walks,
avenues, alleys and carriageways on said land. Tiie plat
shall be recorded by the secretary in the books of the cor-

f (oration, and the original, or a true copy thereof, shall be
odged with and kept by him, and be open to the inspec-
tion of the several corporators and all owners of lots.
The plat or plats shall also be recorded in the recorder's
office of the county of Du Page: Providcdy /ujicever, that
the corporation shall not be required to lay out and make
a plat of the whole of said land before proceeding to sell
and convey lots to purchasers; but when a portion thereof
shall be laid out and prepared for interment and a j)lat
thereof made and recorded, as herein provided, the cor-
poration may ])roceed to sell lots and give deeds and cer-
tificates therefor; and plats of other parts of the land may
afterwards be made and recorded, as the funds of the cor-
poration shall enable it to lay out, grade and prepare for
interment, and plats thereof made and recorded.

§ 8. Lot owners may alienate a whole lot, but no lot Rights cf :ot
or parts of a lot shall be so alienated that different per- '"*"•"■••
sons may hold the same or parts thereof in severalty; but
nothing in this section contained shall prohibit any two or
more persons from being the owners of a lot as tenants in
common. The mode of transferring or conveving lots by
one purchaser to another shall be by deed, and the secre-
tary, upon such deed being filed with him, shall enter up-
on the book of the corporation, in which entries of cer-
tificates of sale are made, as in this act is provided, the
date of the deed, a description of the lot, from whom and
to whom the conveyance is made and the time of the filing

\ho tired. Such derd shall vr«t all the li^ht anJ title of the
prantor in th-* lot in the grantee, his heirs aiul assigns.
Tlie entries t.fthe secretary in tlie hooks of tiie company
shall be evidence in all courts of t!ie facts statoii m such
entries.
*''*^","^*;*' ^ •*• The coi |v-»r;i*ion shall proeood to prepari- for in-

»•»« U.4 .'-l. i I •111' I II

teruient antl lay out tht- saul l;ii»il into lot.^, alloys, avenues
and caniagewajs, to the extent that may be de med by
the cor|)orator^' sufficient for all present purpose;, as soon
ns practicahlf, and sliall, from tinif to time, la>- out and
pr»'pare for intermt^nt, :n the sani>^ manner, oti'i r por-
tion>' otsaiil land, as it shall bf» requiroil for the purpose of
intt'rment, and as the funds of the corp)ratioji will justify.
' ,^^ ^ l'\ Out of the proceeds of tlio sales of lots the oor-
porati -n may rir>'t pay t'le purchase money of the hind
pur. Im^.mI for (•••metery purposes and thu expenses of
gralin:;, laying on' and fencing the same, and all necessary
incidental expenses, with interest; and aftt r the j)a)ni< nt
of su 'h purchase money, expenses and interest, the cor-
p' ration shall provide, by its by-laws, for appropriations
out of the jirocteds of sales of lots, to ke< p the grojinds
and fi-nces n repair and in good older: Pruvide(f^ lunnvery
tliHt nothing herein containe I si all make it requisite for
th'- corporation to pay Mn' whole of such j uro!iase money,
evpensj-s and interest before extending the laying out,
g'?! ^ing and platting other p:irts or portions ol said land,
fror.i time [to] time, as such corporation shall deem nece^-
sar^ and T>topcr.
*'!**_"* T*' *' ^* ^'- '■'"^ owners sh;<!l, at all times, have a right of
wa\ orrr any roads or ways prn\ ided by the corporation,
leading tosiid land, and also to ] ass and repars over any
of tin- alley", avfiiues and carriageways on said land, in
conlormity to the rules and regnl.ttions of the corporation.
§ \1. No public road or hiuhw ay shall ever he laid out
or jorateil (»ver Of Upon the snid land, iior in any way shall
any ot siid land '-e taken or condemned for any public
Ufc whnte >'«r.

§ \\. T !•• ra»Mnher^ ofth" corj-oralion after its organ-
ixatinti, »liall consist of not le^s than Peven nor more than
fiftren pfr-t'Oi^. The rorpriratiofi, after its organization
tind«-r !' i" '-t, mny d«ftrmine tie manner in which per-
for , 1, niber i tlnrt of, and regulate the mode

of t I iuivc\ \\\n lln- • IiMi <■<•■ ur irit< ii-y; nf its

inemb« r

§ I I. li. '-a p fil tin* ''(fi •( :i' oi . iiy nicniinr nl Mm cnr-

por.iiion intf-irite, or, if '«»stat**", Tiiling to di'^pose ol his or
i* ' i'lteresl in th«' lairl land, ""o that the same

* I fo S'»verfl of lii^ h"irs or p^-rsonal iepres»n-

titiv«", '!n- j)t r )n« so !. lining '»nch shares or interest hIihU
be tenant* in rmimon of such share or interest, and may

789 1857.

depult" and autliorizo one of tln'ir number to act in tlieir
behalf in the ni»eting3 and the atT.iirs of the corporation;
and tiic person so deputed bhall liave f*Il the powers of any
other niember. The prop»*r courts having jurisdiction to
order or decree sa'es of estates of decedents, may, on the
petition of one of the persons who take the share or in-
terest of a deceastil member, order the sale of the whole
of the hiiiare or interest of the decedent in the same man-
ner tha^ the estates of deceased persons are sold for the
payment of debts; and the said courts shall inquirti into
and dett-rinine what part, if any, of the proceeds of such
sales si. all be paid to such corporation, on account of the
claim, Jegiil or equitable, of the corporation agait st such
share or interest, to pay any debts or to contribute to the
funds of the corporation. The residue, after paying the
costs aiid expenses of the proceedings and of the sale,
shall be paid over to the j)er.sons entitled thereto as such
heirs or , ersonal representatives; but in no case shall there
be a partition among such heirs and tenants in common of
any share or interest, but the same shall remain an entire-
ty for all purposes of the business of the corporation:
Provide /, however^ that if several persons become the
joint owners of any share or interest, by descent or other-
wise, eaca joint owner may convey iiis interest therein to
any one of the cotenants.

6 15. It is hereby declared that the title to said land, T'tio to nid

1 1 1 •• •!• .1111 I'l '*0<1«»

when t!u> terms ani provision'^ ot this act shall be complied
with, Fhdll be vested in the corporation, as a trustee, and
the c.irporation shall hold the same, in trust, for the pur-
pose of interment and a repository for the dead forever;
and the said corporation and the members tliereof are
hereby forever prohibited from selling, conveying in any
way, alienating or appropriating any part of the land so
laid out and platted, as herein provided, for any other use
or pur[)cjse whatsoever tiian is contemplated by this act.

§ 10. Any person who shall willfully destroy, injure or i„jnricH to pro-
remove any tomb or monument or grave stone placed in J^u,!n Vi.r'i^'n-
said cemetery, or shall willfully remove, destroy, cut, auics ihcretur.
break or injtue any fcnct^ around or any railing, fence,
tree shrub or plant, within the limits of said cemeteiy,
or shill shoot otF or discharge any gun or other firearms
within the s-iid limits, si. all be deemed guilty of a misde-
meannr, and shall, upon conviction thereof, beiore any jus-
tice of the ; eace in the county of Du Page, be fined not
less than fi\'; dollars nor more than one hundred dollars,
according t ' the nature and aggravation of the offence;
and the coirt before whom the conviction is had may, in
its discreti n, make an order, as pnrt of its judgment,
that the dt ' ndant shall be committed to and confined in
the common jail of the county till the fine and costs are

1857. 790

paid; and such offender shall also ho liahlo to an action of
trespass, to he biouu;ht hefore any justioe oltho ] oace or
court ol" competent jurisiliotion, in the n;nne of said cor-
poration, to recover all damages sustained hy Iii< or her
unlawful act or acts; and the amount of the fine or the
damai^es, when recovered and coMectcd, sliall be paid over
to the corporation or its proper othcer, to be used to repair
or restore the property destroyed or injured, or for such
other purposes as the corporation or its board of directors
shall determine; and in such suits and prosecutions mem-
bers of the corporation shall be co:npetent witnesses.
»4«;««irt* aad § 17. It shall be lawful for said corj)oration to take and
«'""* hold any grant or bequest of money or property, in trust,

and to aj'ply the same or the income thereof, under the di-
rection o( the board of directors, for the improvement Oi'
said Cemetery or any portion therec^f or in the erection and
preservation of any tomb or monument, according to the
terms of any such grant or bequest; and any court having
equity jurisdiction in the county of Du Page shall have
power to comj)el the performance of any such trust,
cf § 18. .-Vny person who shall willfully open any tomb,
. .. . . :;^ vault or gravo, within the limits of said cemetery, for the
purpose of robbing or taking from such tomb, vault, or grave
any of the clothes or materials placed therein with the
corpse, or who shall remove any body from said cemetery,
for the purpose of dissecti<in, or shall knowingly receive
any sucii b )dy, after its remo\aI, together with all aiders
an<l abetters, shall be deemed guilty of felony, and, upon
indictment and cnviction therefor, shall be punished by
imprisonment in the penitentiary for a term not less than
one year nor more than three years.
n»cm4*9ik$. i I'*- Said board of directors shall cau<7e to be kept

and preservi'd, in a hook or books pro\ide«l by them for
that purpose, a full and conn)lete record of all their meet-
ing<«, proceedings, orders, purchases and sales of j)r()perty,
throuc;!) the president of the corj)oration, as heretofore pro-
vided in fection six of this act, whetlor by deed or certifi-
cate, the names of tin* parties thereto, dat»! of deed or cer-
tificate, tfie lime of fijifig tlie same; also, a complete regis-
ter of tfie burials herrtofnre made, as near as may be, and
hereafter to be made in said cemetery, with the names and
•gf** of th" dead, place of nativitj ; wliich book of record,
af well as all other books kept by the corporation, shall,
tt all times, b»? open for the inspection of all persons in-
ter»«t»-d tli^rein.

} J*. Thm act is declared to be a puhlif law, and
•hall fake i tf.ct and be in force from and nfter its passage.
AffnovtD Feb. 11, 18G7.

791 1857.

AN ACT to incorporate the PittefielJ Hotel Company. r»b. u, IS67.

Section 1. Be it enacted hij the people of the state oj
Illinois^ represented in tlie General J2ssenil)ly^ Tliat all
such persons as shall hereatter become subscribers to the
stock liereat'ttT described, shall be and they are hereby
constituted and declared a body corporate and politic, by
the name and style of "The Pittsfield Hotel Comi)any,"
from and after the passage of this act; and by that name *°" ■*' ''^*'
they and their successors shall have succession, and shall,
in law, be capable of suing and being sued, pleading and
and be impleaded, in all courts and places whatever; may
have a common seal, and alter the same at pleasure ; and
they and their successors may, iilso, by that name and
style, be capable, in law, of purchasing, holding and con-
veying real and personal estate, for the benefit of said
company.

§ 2. That said coraj^iny, hereby incorporated, shall
have power to erect a hotel, in the town of Pittsfield,
Pike county, Illinois, and to use such power and privileges,
in the erection and management of said hotel, not incon-
sistent with the laws of this state, as may be conducive to
the interest of said companv.

§ 3. S. R. Gray, D. D." Hicks, Stephen Gay, Wm. A.
Grimshaw, George Abbott, W. H. Atkinson, James Ward
and J. M. Biiih, of tlie town of Pittsfield, Illinois, are here-
by appointed commissioners to obtain subscription. After sno^CTiption (•
giving ten days' notice, in some newspaper in said town,
may o])en books for the subscription of said stock, at such
time a:id place as they may direct, and require of every
subscriber, at the time of subscribing, to pay said com-
missioners five dollars for each share subscribed ; and
when such subscription shall amount to the sum of five
tliousand dollars, said commissioners shall call a meeting
of said stockholders, at Pittsfield, after giving notice to
said stockliolders.

§ 4. At said meeting the stockholders of said company EiecUonofdii«c
shall proceed to elect five directors, who shall manage '^f-
and govern the affairs of said company one year from the
period of their election, and until their successors are
elected and qualified ; and at every election each stock-
holder shall be entitled to one vote for each share he may
hold ; and a majority of all the votes given shall be required
to make an election. The period of election of directors,
as aforesaid, shall be be held, annually, on tlie first Monday
of September, after the first election, unless changed by
a vote of the stockholders, at an annual meeting of said
company.

ji 5. Within ten days after the directors are chosen, as
aforesaid, they siiall hold a meeting, at which, and at all

185T. 792

subsequent meetinj^s of saiil board, a mnfority of the
directors shall constitute a iiuornm ; and tliey shall ])ro-
oa.-«f«^b<«r4. ceed to the election ol a presulent, Iroin their own body j
« secretary, who shall be sworn by some person author-
ized to administer oaths to the faithful discharge of hia
duty, and who shall record all votes of the cor^ioration,
in a book kept by hin> t.)r tl.at purpose, who shall give
bond, to such an amount and in sui h a manner as said
president and directors shall direct; and the board shall
appoint all other officers and agents as to them shall seem
necessary.
\*..rf "^ "* § ^« The corporation shall have power to call such
portion of the stock subscribed every sixty days, as they
mpy think proj.tr, to be paid at such times and place as
they may designate, by giving thirty days' notice, by ad-
vertising in three of the most public*|)Iacts in the town of
Pitlsfuid, in the county of Pike, state of Illiii.ois— the
amount being specified in said notice; and if any stotk-
h-'lder shall !n gleet or Tti'use to pay such sum or sums, so
calhd, within ten days alter the time named fur such i)ay-
raent, the corporation may bring suit against any delin-
quent lor the amount due and called for, in any court of
comj.i tent jurisdiction, and recover the same, with two
per cent, interest per month ; or said corporation may de-
clare the amount of such d» liiuiuent subscription forfeit-
ed, and m-iy s) enter the same on reconl ; ami said delin-
quenit shall forfeit all his right as a stockholder.

§ ». The said pr( sident and directors shall have power
to make out and establish all such hj-laws, rules ami reg-
ulati.ins as shall be necessary, and not inconsistent with
the laws of the state, which may be necessary for the col-
lection and comph tion and caii)ing on of the work con-
lemplafed in said hill, and managrinent of the atl'airs of
faid company.

§ H. 'I'iiiM act shall bo in force and eincl from and after
its pa^sagi .

Arr»ovKD Feb. 14, 1857.

y%f X ;*"

I* li. IM-. A.\ ACT(o iocorpcrat* lb* Rorkfor.! Wcntoyar. Seminary ar,.I Malo and

Keutiili! ]iiNlitiit«

SecTlo.f 1. /hi/ eunrtfd hy the prnpU: nf the slate of
mnni^, rtprrnrutftl in the (ivnernl Jhsemhli/, That K.
J . W. hilr, Thoi. O. Robertson, Daniel W. Ticknor, W.
t. Stewart, and fiich j.nrsonq an »re ^r may he hereafter
aifociattd with them, and their auccesKori, are hereby

793 1857.

constituted a body corj'orate, by the nuine of "Rockford N«me ana nyie.
Wesley a;i Seminary and Male and Female Instilut»>," for
the j)ur|)o5e of estahli-ii.ing and maintaining a semin'^ry of
learnini^, in (»r near Roikford, Winnelj^L^o county, Illinois,
for malf -^ and females ; with power to sne and be smd ; to
take and hold real est;»te and other j)ro|»erty, by pnrchase,
gift, giitnt, devise or otherwise ; to leas*-, convey and dis-
pose of the same, for the effecting anu furthering of tlie
purpoe>' aforesaid.

§ -. The estate, property and financial concerns ofTriuieos.
said corporation shall ()e managed and *ransact»d by a
board of twelve trustee-, to be elected b^, the stoekhoMers
hereinafter mentioned; hut at least two-tiiirds of >aid
board of trustees shall at all times be members of the M.
E. Church, and on ceasing to be such mei ibers shall cease
to be such trustees ; and his or their place shall be filled
by appointment of s> oh board until the next annual
election.

§ :). The first boaid of trustees sha;i be elected at t^^'^'m time o«
s ch time as the stockholders may app(;int, and shall be
d vided, by lot, into three classes ; the time of service of
ti first class 'hall exp re one year, the second two jears,
ai the ti.ird three years after such election. The per-
soV named in the first stotion of this act shall act as tlie
boA 1 of trustees until the first election.

§ ^. There shall be a board of three vi'^itors, to be ap- Board of Tisiion.
pointt ■ by the annual conference of the Methodist Epis-
copal C urch within the bounds of which said institution
shall b located, who shall be, c.v oj/iciu, members of the
board

§ ■' On the last Wednesday of June, 1857, or such
othei time as the stockholders may fix upon, and on the
same day of each year tli';reafter, there shall be an elec-
tion uf four trustees, who shall iiold their offices for three
year^'. All vacancies in the board of tru.^cees then exist-
ing shall also be filled at such electioi.. Such election
shall be by ballot, and by a majority of members or stock>-
holders present.

§ 0. Said corporation may have a capital stock of o-'p"*' •*<'«''•
$100,000, dividoU into shares of "MOO each; aid subscrip-
tions to the sai» c shall beco le binding when "f^-iO, 000 shall
be taken, and .-hall be payal>ie in installments, as the said
trustees may, from time to tine, direct; and any subscri-
ber failing to ^»ay any installment or installments required,
shall, at he option of said '.lustees, forfeit his claim to
laid stock and to all payments made thereon. Said trus-
tees may increase the capital slock to •'ri'ii '0,1 00, if deemed
by them necessary to carry out the purposes of this cor-
poration.

I8.=i7. 794

§ 7. Any person holding a certificate for one or more
shares ot said caiutal stock shall be a member of this cor-
poration, and entitled to one vote for each sliaro of stock
by him held, on which all installments required by said
trustees shall have been paid. Said stockholders shall be
entitled to such dividends on their stock as the trustees
may from time t«» time declare thereon.

;i 8. The trustees, by the direction of the stockholders,
shall have ]>o\ver to establish an ''Agricultural Depart-
ment," and to confer iipon such young men as complete a
prescribed course, a diploma, with the degree of " Master
of Theoretical Agriculture." They shall also have power
to confer tlie degree of '"Lady of Liberal Learning," upon
such young ladies as complete a prescribed course in the
literary department.

^^ i'. The trustees shall choose tiieir own officers, and
make their own by-laws, and may fill any vacancy in their
body, by appointment of (jualified persons, until the next
election.

vj 10. The trustees at each annual election, shall make
and submit a report to the stockholders of the state of the
instit»jtiiin and its finances, with an inventory of its pro-
perty, and declare such dividends from the net proceeds
and profits of its receipts or business as the state of the
finances of said in-^titution may warrant: Pruvidcd^ that
no such dividend shall ever be di dared or made when its
payment would embarrass the finances or efficiency of the
institution-

§ 11. The property of said corporation, both real and
personal, shall forever he and remain free from taxation.

§ 111. This act is hereby declared to be a public act,
and shall be in force from and after its passage.

Approved Feb. 14, 1857.

it/.

]l«f>r^ ft '.m*-

r«w 14, 1 Ml.

AN ACT to amtri'l nn art ftitHI'«t " An art to inrorporato tlm town of
hli»lbjrville,»» ajiprove.l Mnrrh th«> *.;<l, 1><-'1, and to lp(,'ali/,f llio pro-
ctcdlit|;i of the truitees of tlie town of Stu-lbyvillo aforcHuiil.

Wmhikai, on the ftrst Monday of May, A. D. 1H:V.», at the
court housf, in thr town of Shelbyville, in accordance
with the refjiiiremriitH o( thr- 17lh st;clion of "An act to
incorporate the town of Shelbyville," a|)prove(l l^Llrch
ild, 1M:;'J, an election was held by the inhabitants of
flaid town, for the pur,to»e of adopting or rejecting said
■cl of incorporation, naid inhal»itiintH did accept said
•ct of iiicorporatiou, by the vote of a majority of Haiti
iahabitftntJ, and that the town was duly organized under

795 1857.

and by virtue of said act of incor])oration, and has con-
tinued such organization hitherto; and whereas the Rctams; lost.
records of the returns of the said election for tlie ac-
ceptance or rejection of said act of incorporation have
been lost and no evidence of said election remains ;
therefore,

[ Section 1. J Ih it enacted hxj the peojjle of the state of
lllinoifij represented VI the General t^ssenihly, Tiiat in any
suit at law or in equity, wherein the trustees of the town
of Shelbyville is or may be a party, no evidence of the
election for the acceptance or n jection of the " Act to
incorporate the town of Shelbyville," approved March
"Sd, 1830,' shall be required ; and all the requirements of
the 17th section of said act of incorporation shall, hence-
forth, be deemed end taken to have been fully comjilied
with, without proof of tlie same ; and that all the acts of
said trustees, heretofore done, are hereby legalized.

§ '1. That one-quarter of a mile of the eaftern part of Boondanes
the present boundaries of the town of Shelbyville, be and "^ ''°**
the same is hereby stricken off, and said quarter of a mile
shall no longer be and remain a part of the corj>orate
limits ot the same town ; and that all acts or parts of acts
in conflict with this section be and the same are hereby
repealed.

§ 3. The trustees of the town of Shelbyville shall have power to eoiieci
power and authority to levy and collect t^xes upon all ^"*'^'-
property, real and personal, within the limits of the town,
not exceeding one per centum per annum, u})on the assess-
ed value thereof, and may enforce the payment of the
same in any manner prescribed by ordinance, not repug-
nant to the constitution of the United States or of this state;
to open, vacate, alter, extend, grade, pave, or otherwise
improve and keep in repair streets and alleys ; to provide improvement or
for inclosing, improving and regulating all public grounds ■""««"•
belonging to the town; and to provide for taking enume-
rations of the inhabitants of the town, and to license, tax,
regulate, suppress and prohibit the sale of and traffic in
spirituous, vinous or malt liquors.

§ 4. The said trustees shall have power, and it is here-
by made their duty, when it may be necessary for the
purpose of keeping in repair the streets and alleys of said
town, to require every able bodied male inhabitant of said
town, over twenty-one years of age, and under fifty, to
labor on said streets and alleys not exceeding three days
in each year; and any person failing to ]>erform such
labor, when duly notified by the supervisor of said
town, shall forfeit and pay the sum of one dollar to said
town for each and every day so neglected or refused.

§ 5. The trustees of said town shall have power to pnm.hment of
provide for the panishment of oflfenders against the ordi- l^^^l*, **""

TrvMMk* in^>r'.

1S57. 796

nances of sai<l town, by imprisonment in the county jail,
not rxoftilini; thirty ilajs, lor anyone ollVnco, in nil cases
wliere til • otlVnder sliall neglect or refuse to pay the fine
or forfeiture that may be asses<:ed or recovered aj^ainst him.

^ G. The trustees of the board shall cause to he pub-
lished, aniHially, a full and complete statement of all mo-
neys receiv»>d and expeniltd ilinincr the preceding ) ear,
and upon what account received and expended.

^ 7. The trustees of the town shall have power to
make and enforce all ordinances necessary and proper to
carry into etlVct all the powers sjiecilitd in this act: Pro-
vUtd, that such ordinances be not repugnant to or incon-
sistent with the constitution of the United States or of
this state.

§ 8. The trustees of tlie town may adopt a common
seal, and change the same at pleasure ; :ind all ordinances
of the town may be provt-n by theseal of the corporation;
and when printed or jfuhlished in book or pamphlet form,
and purporting to be ])rinted or published by the authority
of the trustees of the town, the same shall be t.iken and
received in evidence in all courts and places without fur-
ther proof.

§ '.'. All acts or parts of acts contrary to or inci^islst-
ent with any of tiie provisions of this act, are hereby
repealed.

^ 1<». This act, and the "Act to incorporate the town
of Sh»dbyville," approved March 2d, ]Soi>, are hereby de-
clared public acts, and this act to be in force, fr<>m and
aft* r its passage.

Aj'proved Feb. 14, 1857.

r«^ti,IW7 AN* ACT «o nm^n.l «n Rct tnllfU.!, "An act to Incorporate the IllinolB
ljH»ral In»tU.ite,*» «pproviid FVbriiary l^, IfT)!, and to chanpc the name
of aMd Institute to Lombaid Univcraity.

Section 1. Hr it rtuicteil it/ tUe people, of the state nj
///inoii^ rrprrsrutrti in the (ienenil JJssemhliJy 'Ihat
the narn« of " Th»- lllinoi-i Liberal InKtilute," in the town
of (idles inrg, Knox rouriiy, he and tho same is hereby
VaatA«M*4. chani^rd to " Tho ijomh.ird University;" and all the
Undii, lot«, buildings, furniture, apparatus, ]»ropcrty and
cfTrcti of »ai'l irntitute, nnd all the riglits, privilegcjf,
p'lweff arid IrannhiHi d thereof, are hereby transferred to
ftfid vr«ti-d in taid Loinbard University ; and th(! president,
truvirtt, prnf.«nori«, teachers, and all other ofllcers and
• '{•■nil «>r 'laid iiiMtitutn, are hereby continued, and declared
to be the lame iu said luiiversity, as they were in said

797 1857.

institntp, or the trustees may change the same as herein-
al'ter jjrovided.

§ 2. The location of said institution, and the buildings Location ieg»i-
of 3aid university, near said town of Galesburg, instead
of in said town, as? contemplated by the act to which this
is 8n amendrat'iit, is lureby li-galized and declared ^ ^lid,
and the said university shall have, use and enjoy all the
po'vcrs and privileges jiiid be subject to all the liabilities
and diities of and under said act as though they were loca-
ted in the said town.

§ .".. Said Lonnbard University shall have full power p^houmhip*.
to Sell scholarships therein, at such prices and upi n such
terms .«s the trustees shall think proper, and may receive
notes tlierefor, bearing interest not exceeding ten ])er
centum per annum, payable annually, in advance. And they
shall also have power to loan any moneys they may have
at any time, at any rate of interest not exceeding ten per
centum per annum, in advance, as aforesaid, in the disi're-
tion and .i :)on such security as the board of trustees, or its
other au'horized agents, may require ; and any funds or
other proj'-rty of said university shall be exempt froni all
taxes.

^ 4. The trustees shall have power to receive sub- st:;Forii.tion«.
scriptions from all persons, and collect the same, for the
purpose of advancing the inter«sts of said university; Hiid
when any person shall hereafter subscribe or donate the
sum of one hundred dollars, he shall be entitled to one
share and one vo'e as a stockholder; and when any per-
son shall subscribe five hundred dollars he shall be enti-
tled to two votes ; fifteen hundred dollars, to three votes ;
five thou<5and dollars, four votes, and an extra vote for
every additional fivo thousand dollars. So much of se^ tion
six of the act to wliich this is an amendment as conflicts
herewith is hereby r'*ppaled : Provided^ /loucver, that all
persons, already entitled to shares or votes under said
section six, shall use and enjoy the same as though this
amendment had not been made.

§ 5. S.id university shall have the power, to receive Property.
by gift, grant, devise, bequest or otherwise, property,
real or persrnal, to any amount, and to hold, use, enjoy or
sell and convey the same, or the proceeds thereof, for the
uses and purposes of said university.

§ 0. Th'' board of trustees shall have full power to ouicwt.
el*»ct a presidf r.t, professors, tutors, teachers and all other
officers and i'-m :»ts of said universitv, and to dttermine or
change the title of each, and fix the amount of their com-
pensation or salary ; and the president of said university,
and professors, v. ith such tutors as the trustees shall select,
shall constitute the faculty of the university, and with the
consent of the tiusteesj shall have full power to confer dc-

IdoT. T93

i>«i.-«M. grees upon and c;rant iHplomas to sudi students as shall

be deemed qualitied ; and such diplomas shall he signed by
sai^i laoulty, the president and secretary of the board of
trustees, and shall li;i\ e affixed thereto the seal i<f the
university.

<; 7. The trustees of the university are hereby author-
ized, in the name of the university, to collect all subscrip-
tions, donations or claims, whieh may have been made to
said Liberal Institute, previous to the passage of this act.

^ S. Anytliing in the act to which this is an amend-
ment contlictiiig hen with is repeaitd ; and this act shall
be a public act, and be read in evidence without being
specially pleaded.

Approved Feb. 14, 1857.

OatlMi mlHtTip'

9tm»mtm.ti9.

••->•? 4 of

r«> U 1837 ■^*** ACT to incorporate the town of Central Ci'y, in Marion county,

and for olber jjirposca.

Section 1. Be if ejiac/cd hy the people oj the state of
Illinois^ represented in the General *^sseinblfj, That the
inhabitants and residents of the town of Central City, in
Marion county, in said state, be and the same are hereby
declared a body politic and corpor;ite, in fact and in law,
by the name and style of "The Presidt-nt and IJoard of
Trustees of Central City;" and by that name shall have
perpetual succession, and a common seal, which seal may
be altered at pleasure; in which president and board of
trustees the government of said corjtoration shall be
vested.

§ 1, That John C;all, William H. Carr, Harvey K. S.
O.nelveny, Joseph Oswald and Hiltha/ar Hoss be con-
stituted, appointed iind incorporated the first board of
trustees f»l s.'iid town— one of whom shall be elected
president by the said board; and said members shall hold
their otfices, respectively, for one year, from the first
Monday in Mav, 1H.'>7, and until their successors are
• Nrtt (1 and (jualified; and on tlu; first Monday in May,
!"•>, and on that day, i»f enth year thereafter, an elec-
tion shall be held, Dy the itdiubitants of said town, for a
board of five trustee*?, who sliall, in like manner, hold
ihiir offices lor one year, and until tlu.ir successors are
clrt'.cd and rjualified. Public notice, signed by the
priflitlint of Raid board, written or printed, shall be
posted up in five public places in said town, stating tljc
time and place of tli.- holding such election, at lea.st ten
days prior to the holding of the same. No person shall

799 1857.

be elected and qualified a member of said board of trus- TmgicM.quaua.
tees who, at the time of such election, shall not have
arrived at the age of twenty- one years, and been u resi-
dent of said town six montiis prtceding such election,
and at the time thereof been a good faith freeholder in
said town. All free white male inhabitants, over the age
of twenty-one years, shall be entitled to vote at any elec-
tion of town tifficerj?, provided they have resided iu said
town lliree months previous to the election at which they
oftt-r to vote. And all vacancies which may occur in
said board, by absence from the town for three months,
death, resignation or otherwise, may be filled by the said
board, on recommendation of the president: Pruviiledy
that in all cases of a tie vote of said board on any ques-
tion whatsoever pending before them, the president shall
give the casting vote.

§ 3. That for the promotion of the good government omcor« appoim-
of said corporation the president and board of trustees, ^^'
aforesaid, shall have power to appoint such other offi-
cers as shall be necessary to keep safely the records of
said corporation and the funds belonging to the same,
and to require such bonds and security as shall be
approved by the president and board of trustees; and
may also appoint street insj)ectors and prescribe their
duties; and said president and board, and their succes-
sors, or a majority of them, shall have power to take and
hold such real estate as may be necessary to erect school
houses, market houses or other public buildings; and, as
contingencies may arise, may sell and convey the same.
They shall have full power to make, ordain and execute
such by-laws and ordinances, for tlie government of said
corporation, as may, from time to time, be deemed neces-
sary, and which do not conflict with the constitution and
laws of this state or the United States, now or hereafter
to be in force. They may provide for the punishment of punishment of

. , -v.!' 1 -4 1 certain cfTcnre*

open indecency, gaming, gambling houses, riotous and
disorderly conduct. They shall also have power to regu-
late grocery licenses within said corporate limits; to abate
nuisances, and remove all obstructions which are now or
may be upon the streets or alleys of said town; to regu-
late, grade, pave and improve the streets and sidewalks
of said town. And all fines imposed for the violation of
any of the ordinances of said corporation, when collected,
shall be paid to the treasurer of said town, by the persons
collecting the same ; Pruvidcil^ that nothing contained
herein shall be construed so as to prevent any inhabitant
of said town, otiierwise competent, from serving upon
any jury or giving testimony: .i/j</, provided, Jur/hcfy
that the defendant or defendants shall be allowed an

1S67. 800

tppeal to the cir.Miit court, a? now proviiltil by law, in
all cas s wlitre tlie fine slitll exceed throe liullars.
o^^-*r, u tt § 4. Tiiere sliall be t'>» ctt d, by the voi'-rs of said
•;e.-«>i town, one polict- justice ami one constabh-. who shall

rrside and k»»'p th«'ir otficfs in said town. 'Jlie powers,
dntifS, jurisdiction and liabilitic-^ of said polue jui^tioe
and constable shrill be the same as otlur justices of the
peace anvl constables; they shall give bond, and be com-
missioned and (lualitied as now rtcjuiied by lnw. Tiie
said justice slirtll also have j)ow t to hear and dttennine
all plaints and causes instituted l»t li^re him for tin* viola-
tion of any of tlu by-laws and ordinances of said town.
And all fir.es whiih may be colltctt il by said ofliocrs or
any other officer, for ollences or nusdemeanors which
may be committed within the corporate limits of said
town. sh..ll be paya le to the town treasurer. The elec-
tion for said justice ( f the peace and constable shall be
held on the tirst M nday in April, ISJT, and shall hold
their offices, respectively, for the term of four years, »nd
until t eir successors are elected ami (jualified: Pravi fidj
that in case of vacancy the president sliall have powt r to
call an eh'Ction to fill such vacancy, hy giving not h-ss
than ten duys' notice of the time and place of holding
such electi >n.
rt**^4rs^ »n 1 «5 o. Tin? Said president and board of trustees, and
>atrt vf \:vf ^j^gj,. succcs^K s, slidli also have and possess all the pow-
ers which nre e >nferr<'l upon town cor|»orations by chap-
ter 'lo of tlie Revised I'^tatutes, and an act entitled "An
act to incorporate towns and cities," approved February
loth, 1541*.
g,^-,., , S 6. The boundaries of said cor])oration shall bo as

follows, to wit: Beginning at the south boundary of said
town, on the centre of Marion street; tln-rce northward
on said street, to Juncu on street; theuc« cast to tli« cen-
tre of block one; thenc* to Pearcy street; thence east to
include Holsclaw'i addition; thence south and west, to
Morrison street; thence south to Green street; thence
west to the beginning, on (ireen street.
*•'•• § 7. i he paid presititnt and hoard of trustees, and

their f ucc» .Hsors in office, sliall have power to levy a tax,
uot exceeding one-half of o le per cent., upon all real and
ptmonal property '\p .<<aid town; to tax shows, houses of
pu >lic entertainmtnt, t uerns, stores and groceries; which
l.«x on r. al und p« rsonal property shall he certified and
c«'d»< ti'd MM providi'd in ii act entifb-d ''An act to incor-
porat«* iriwuH ind cite«," Hpjiroved F< Lruary 10th, 1M49.
Tiie inhahiltnts of /laid town shall be exmipt from road
labor I' •' ide of lite boundarieft of said corporation. And
•aid t< .4rd rruy re(|niie such labor to be performed on
the strtctf and alb)» ^ said town: I'roi'idn/f that appro-

801. 1857.

priatlons may be made of the corporate funds to the repair **

of roads lea<]iii^ to stid town, when in the judgment of
said bo-ird tli'^ interest of said town may require it.

& 8. Tli.it •'aid nresitlent and board of trustees "nd specj.i ux» in
leir succcsbc). >< in (•mce sliail liave power to levy a spe-
cial tax upon lots fronting upon any street in said town,
not exe»-/*(ling one |)er cent , to be expended in the
inipro\ « nieot of said streets : PruviJedy that said tax
shall be ol a uniform rate, and that fucIi property hohJers
may pay said tax in labor at such time, and at such rates
per day, a-* may be provided by ordinance : *1nd, pruvi-
dedy Jiirtlur^ that said tax, or so much as shall not have
been paid in labor as at'oresaid, may be certified by said
presidei.c and board of truitees to the county clerk of
Marion eo mly, winch shall be collected as in other cases
of rev'eii le provided for under this charter.

§ y. Tiie said Lor^.aralion shall keep a fair reoo^^d of rubiuati.n of
their ordinances and pr >ceediiig^, free for public inspcc- '"•^"'^'"=*»'
tion. No ovdinanoe shall have any legal effect and force
until the same si ill have been published ten dj^ys by
print»'d or written notices in at least three public places
of sai'i town.

§ 1 0, Titis ajt shill be a public act, and be in force
from and :Jier its pas.-,3<re.

Apikovkd Feb. 14, ls57.

AN ACT to authorize the trustpps of St. James' Church, in Chicago, to rcb. u, I967.
borrow money.

Section 1 Be it tnacfcd hy the people of the state of
T/tinavt, r,/'ri rented in // ' General t/Jfsemb/t/, That the
trustees of S.iint.Jarae.5' Churc!;, a parish in the city of
Chicago, in ihe county of Cook, and state of Illinois,
under the laws* and, ordinances of the Protestant Episco-
pal Church in the Uni d States of America, b'^ and the
said trustee^ are here' y authorized to borrow such sum
or sums of ni. ney, not ti exceed in the whole the sura ot
forty thntisofxl dollars, »s may b« by said trustees deemed
nece-<j!ary for the com, letion of a church edifice, now in
process of erection for said ])arisli, on tiie following
described piece or parcel of land, belongii^ to said
pari.'h, and situatr in the city of Chicago aforesaid, to
wit: The northwi>» quarter of block number U.ciy (40,)
in King's addition to Chicago, and to i-jsue bond . for the
payment of said sums so to he borrowed, as aforesaid, . ^
bearitjg int»*rt'^t at the rate of not to exceed twelve per •««).

IS51,

ji«(u>«*

802

cent, per annum, an<l running for not a longer period than
fire years, saiil intirest to be payable al sui-li times and
in sui-h ir.Miinfr as may be dt't-uml most advisable by stii'l
trustee?; and for the security of ibe puvment of said
bonds, it the s:une should be req;iired, to execute one or
more mortgages upon the above described piece of land
and upon any other land or property belonging to said
parisli, in said city of Chicago, as may he necessary or
required to secure the sums, aiu\ to sell and dispose of
said bonds at par or at such prices, above or below their
par value, and upon such trims as the said trustees may
deem exp«'dient.

5. J. This act tj be in force from and after its pas-
sage.

AiTRovKD Feb. 14, 1867.

rr* 14, iv^. AN ACT to amoiwl an net mtitUd ''An act (o incorporate the Rock

Islaial anil Alton Railroatl Conipany."

Section 1. He if rtmcftf/ hi/ the people of the ft fate of
llliuiiis^ rrpresen/ri/ in Ihe (roi'-ra/ ^sxnnhly^ That in the
event the said Kock I-dand ]{:iilroad Company shall not
be able, by consolidation or otherwise, to make a satisfac-
tory arrangement for the running of cars from Whitehall
to Illinoistown with th«- railroad now built or authori/cd
to be built, said Hock Island liailroad Company shall
have the right to locate, constrtjet, complete and operate,
an an extension of the present route, a lai.road from
Whitehall, by tli«! most eligible route, to Illinoistown.

2. The county cnuits of Scott, Schu)Ier, M( Don-
ough and Warren i ounties, and any otli* r counties through
wliicli tlii< ri»ud may pas», are herel^y authorized and
direrterj to i«i»ue bohd.<*, in j'ayment ol all stock subscribed
or to be hereafter !«nbscnb» d to said Itock Island and
Alton Kailroail Compan}; and are hereby further author-
ized aiid empowered to lev} a special tax and make all
other needful regulations snincient and ade(juate for the
payment of intere<it on any boiid so issued by said cotin-
tiet or eiihcr of them.

§ .".. Tlip Jiaid counties of Srott, Schuyler, McDon-
ongh and Warren are hereby authorised and empowered
to iiiu? their bondf, for any of the stock so subscribed,
At • rate of interest not exceeding ten per cent, per
annum.

ff 4. The »aid company ii hereby further authorized
and empowered to borrow, from time to time, any flum or

^v«r U fc m f*^

IlliaoU riTcr.

803 1857.

sums of money, and to issue the bonds of the company
therefor; at a rate of interest not exceetlinj^ It n per cent,
per annum, and so miuh of section fifteen ol "An HCt to
incorj)orate the Rock Island and Alton R-iilroad Com-
pany," approved February 14,1855, as conflicts herewith
is !iereby,rej)HaIed.

§ 5. The said company is hereby authorized to pur-
chase, fiom time to time, any and all tracts t»f land
adjarpnt to said railroad, for the use of said tomj>ujy,
out of any moriey belonging to said company, which
by the president or the directors of said company,
may be deemed necessary for the interest of said company,
and CO dispose of the same, as to t em may seem just
and ]>roper.

^ (). The said comj>any is hereby authorized and Bri.ice ovor the
empowered to build, maintain aiid use a ruilroad briJj^e
over the Illinois river, in such manner as shall nut mate-
rially obstruct or interfere with the free navii-alion of
said river, and to connect, by railroad or otherwisf , such
bridge with any railroad termination at or near said point;
to fix the amount of ca[)ital stock; to divide, transfer and
increase the same; to borrow money i»nd pledge or nK>rt-
gage its property and franchises; to condemn, accortling
to law, property, for the u«e and purpose of said com-
pany; to contract, bargain and agree with any railroad
company for and in the construction and maintenanc:e of
su< 'i bridge, to sell or lease said biidge, or ijie use of the
saiT'^, or the franchises of said company, to any com-
panies or corporation.

§ 7. This act shall be deemed a public art, and shall
be f.u^orably construed for all purposes therein expressed
and leclared, in all courts and places whatsoever, and
shall i)e in force from and after its passage.

Apfrgved Feb. ]4, 1857.

AN ACT to incorporate the Jacksonville Hydraulic Company.

Feb. 14, ISS7.

vSfctiom 1. He it enacted hj/ the people oj the state oj
Illinois^ repre.'icnteU in the General »d.<istnihli/^ That Jdmes
Dunlaj) and his associates, and their successors and
assigns, be and they are hereby constituted a body politic jf,nic»n<i»i}te.
and corporate, by the name ot *'The Jacksonville Hy-
draulic Company;" and by that name to have perpetual
succession, with power to contract and be contracted
with, to sue and be sued, to plead and be impleaded; to
make, have and use a common seal, and alter the same
at pleasure; also, to adopt and alter at pleasure, by-laws
for the ordering and governing the business of the corpo-

.•I al^-t

1-57. 804

ration ant! for the rt\m»lation of tlie conduct of iill offirors,
agents ami Sfrvanls, in tlio pin|)lo\m(nt of the same;
with power, also, to acquire, have, hoM ami use, jiroji* rty,
real, j>»rs(>nal and niixtd, for the j)iin>us»s of the rmpo-
ra.ion, and to grant and convt-y the same ns u niituiiil
person.

5^ '2. The capital stock of the said corporation >hall
be two hundred thousand dollars, to be divided into shares
of cne hundred dollars each, which shall be personal pro-
perty, suhject to be assigned in such ni.uiner and on .vuch
terms as the by-laws may provide, and also subject to be
sol i on execution as personal properly.

& 3. The object and business of the said corporation
shall be to supply the town of Jack'sonville and vicinity
and the inhahitunts thereof with water, from springs or
fountains, situated on the laud of said Janus Dunlap, by
the construction of reservoirs and cisterns, or eitler, or
any other proj)er or necessary im})rovfment or woik, and
eon^ eying the water therefrom, hy means of tunn« Is or
plpe<, into and throc.gh the said town and vicinity,
wherever it may be desired for u^c or consumption.

§ 4. Tiie said James Dunlap is authorized to si 11 or
dispose of the said stock to such persons as mny be
willing to jjurcha^e the same; and whenever ten thou-
sand dollars shall be disponed of or sold the pun has-
er», in connection with said Dunlap, who shall be deemeil
the owner of the residue of said stock, may assembh and
appoint five directr»rs of said company, in and upon whom
the government and reguldtiori of tin- business an<l titfairs
of the corporation shall «levolve, and who, and their ■ uc-
ce^sors forever, shall exercise the powers and peiform
the duties herein granted and prescribed. Tlie said
director;* shall b** electid f'>r one year, and elc tions shall
th*'r'"t(ur be held annuHlly, by the 8to<'kli(d<lers. I'^acl.
stock shall entitle the owner to one vote, and
, >ritii of stock ohall he represented at any election.
Stockholders may vote in person or by proxy. Immediati 'y
nfli-r each election liie director<< shall appoint one ol (heir
body preiidenl of the board i>f «lirectors, who shall theieby
president i;f the eonipany. Provihion ».h«ll be
l^i«' bv !.; ws in repaid to the time and nianrer of
' )r tlirt ciors; hut if at any time an
. :. .: .... lield a*, the tim': appointed or provided
fur iratinn shall not thereby be dissolved nor any

I !frd, bi;t the directors last elected shall

r until successors are elect* d and cnttr

] A\-]y after the fir«l election herein piovi-

drd (.*: r.\. rs elected Hhall nmke and sign a cer-

tificAle, >t..jiog the fact of th( ir election, and stating

805 IB*)?.

tlic name of tlie president, and cause said certificate to be
reconled oy the ncordrr of Morgan conntj; after wliicli
the snid corporation sliall be held and deemed to luwe
been duly and legally organi/ed, and ii certified copy of
said certificate, under the seal of the recording officer of
said CfMMity, whomsoever he may he, shall be conclusive
evidence of the organization and existence of said corpo-
ratioti.

§ G. The said directirs, after the organization as o^^-^j; ^^.p^'^'J
afort^said, shall have power to appoint all such olTicers oj.
and iigents as may be necessary to the transaction of the
bu-iitn ss of the corporation, and may require bond-?, with
security, from any one or all of such officers and agents,
conilitioned for the faithful discharge of the duties required
by the by-laws or orders of the board. A majority of
the directors shall constitute a quorum fjr the transac-
tion of business. The said directors shall also fix the
price or sum to be charged for supplies of water, and
also regulate the time and manner of drawing water from
the f)uiitaius as Wtdl as quantity to be drawn by all
pers«)ns using the same.

§ 7. The said corporation shall have i)ower to con- w»tor pipe*,
struct, maintain and use, on the land of said James Dun-
lap, reservoirs or cisterns, or any other proper or neces-
sary work or improvement, in which to collect and retain
the water of the springs situated on said land, and may
conduct the same through tunnels, pipes or other safe
mode of conveyance, to any house or place within the
corporate limits of said town or the vicinity thereof, for
use and consumption; and to this end and for these pur-
poses the streets, alleys and public highways may be
excavated or embanked and used : Provided^ that said
corporation, shall in a reasonable time after making any
excavation or embankment on or across any street, alley
or public highway, restore the same to its former condi-
tion »)r otherwise so improve and change the same as not
to interfere with the ordinary use thereof. Said corpora-
tion may also enter upon and excavate and embank any
lands or tenements on or through which it may be neces-
sar, to pass in conducting water to places desired, doing
no unnecessary damage, and restoring such lands or Dwnaeot.iorf,
tenements as near as may be to their former condition,
upon making just compensation to the owner or owners
thereof, as hereinafter required.

§ S. The said corporation may have and hold, in fee property hcw by
i^iraple, lands and i ^al estate, for tlie uses and purposes "^'t»°«"«"-
following : First — As much as may be necessary to the
construction of reservoirs and cisterns or other proper or
necessHiy inij)rovt'inents or works at the springs from
whicli water is obtained, and the convenient use of such

1?5T. S06

constructions or iinjiroveinpnts. Secoyu/ — Tlie lots on
wl icl» to limid liousos and ottices, in which to transact tlie
business of the compan)'. Thi/uf — Lots on or in which to
place cisterns or reservoirs, to keep supplies of water,
convenit lit to places of use, and from which to obtain
supplies, in cases of tire or other emergency, wiiliout
drawing from the fountain at th? springs. Fudrth — Strips
of land of convenieidt width on or through which to lay
pipes, or make tunnels for the convejance of water from
any of tin- fumtains to the place required for use.
Buhl i> uj ^ i> When the company shall desire to make tunnels
*"**' '" or lay pipes on or through the lands or lots of inilividuals
or corjtoration.', for the conveyance of water as aforesaid,
and shall he unable to agree with owners, who are capable
of contracting on the subject, as to the terms on which
the right oi way shall be granted; or iti cases where such
owners are nonresidents, or labor under legal disabilities
of any kind, it shall b*^ lawful for the said corj)oration
to institute and prosecutt proceedings and obtain such
R.jiitji WIT. right of way under and according to the provisions of the
act entitled "Ar» act to amend the law condemning the
right of way for purposts of internal improvement,"
apj)roved twenty- second of June, eighteen hundred and
fifty-two — the mode of such legal proceedings and the
action of the court and parties in the premises to be so
varied as to make tiie prineiples and provisions of said
law apply to tlie questions and inquiries [exigencies,]
arising under titis act.
w.<'r u rf«r- § 10. Tlie said corporation shall be bound to keep all
''" reservoirs, cisterns or other works constructed for the

purpose of rontdining and keepir.g water, in good repair,
8o as to present itijary to others by the escape of water,
and so that t'^e water dra An therefrom shall be puro and
cltran. The tnnncK and |)ip(S shall also be kept in like
good rep.iir. And wh^'n^ver excavations or embankments
are made for any purpose the surface of the land shall be
so rejtortd or replaced as not to materially obstruct
passages over t'le same. The obtaining lln^'right to make
excavation! r.nd embankments for any of the purp )8es
named irj thin act, sli.ll necessaril) include the rignt to
enter upon tlie land oLtained hjr purposes of re|)airs and
im|.rovemerit< — th<? corporation be-ng responsible for any
unnecessary damage to adjacent lands, lots or improve-
ments.
PitwAwt. IJ 11. The directors of the corporation shall cause

Iheir secret. iry or clerk to keep a regular record of their
action and proceeding as a corporate bddy, and rtguhir
account'* •ihii)! ne kept of ail moneys received and expend-
ed; and at ihe end of every year the profits ari-iing from
the operations of the company shall be divided among the

807 1857.

stockholders, m proportion to ihv amount of tlie stock:
Provided, that half yearly dividends may be made when-
ever the directors shall so dt terinine.

§ 12, The said C()r|ioralion shall have power to borrow
money, not exceeding the capital stock, to be used in
making the improvements herein provided for, at any rate
of interest not exceeding ten per cent, per annum, pay-
able yearly or half yearly, as may be agreed on ; and to
this end the said company may make and sell bonds with-
in or without the state.

This act is hereby declared a public act, and shall take
effect on its passage.

Approved Feb. 14, 1857.

AN ACT to incorporate an i.istitiilion of learning. Fob. H, 1867.

Section 1, Be it enacted hi/ the people of the state of
Illinois^ rejjrese?ited in the General ^'issemhli/, That J.
Young Scammon, John St^ar.*?, jr., Alexander Officer, Ro-
bert W. Officer, Franklin Scammon, John Randolph Hib-
bard. Dyer N. Burnluun, K)bert E. Moss, Cluirles V.
Dyer, Edward I. Tinkham, Benjamin F. Carver, Henry
L. Fultoii, Harrison N^whali, A. J. Galloway, Robert H.
Murray, and Hiram Brown, tinir associates and succes-
sors, be and they are hereby constituted a body corporate. Body corp..raie.
to establish and maintain, in this state, an instituiion of
learning, under such corporatt name as said persons above
named, or a majority of them, their associates or succes-
sors, may elect or determine to be designated by ; and such
corporation shall possess all the powers and be entitled to RieM«ai)d»riv.
all the rights and privileges of the Garrett B blical Insii-
tute, or the Lind University, or any university or college,
or any corporations for educational purposes, in this 5tate,
which said corporation, hereby created, may, by resolu-
tion, adopt as a part of its charter* And the provisions of
the *' Act to incorporate the Garrett Biblical Institute,"
or any section or sections thereof, may be accepted by
the corporators herein named, or the survivor of them,
except so muoh and such parts of said sections as relate
to the Methodist Episcopal Church, or ar.y conference
thereof, or the doctrines held and maintained by said
Methodist Episcopal Church. The doctrines tauo;ht in rt..irinM.
said institution shall be in conformity to the ten rommand-
ments, and in harmony with the heavenly doetrines of the
New Jerusalem, cs taught in the Word of God, and ex-
pouuded in the writings of Emanuel Svvedenborg.

rmffim^

1857, 808

r»».ti^*a.t..:- ^ 2. Any section or j^rovision of s nd ♦' Act to incor-
•*• porite the Ciarrett Biblical Institute," or of the cliHiter of

•ny university, collts^e or incor]>oratii>i.s for odiUHtional
purposes, when acce^)tetl by said cor|irators, or their sur-
vivors or successors, shall be hiiuliui; upon said co pora-
tion ; and friMU tlienceforth said corporation shall bf » ntt-
lled to nil tlie bent fits and |)rivilef;es thereof: Prvrided,
the legislature shall have power to alter, amend or jipeal
this charter at any time hereafter.

§ o The atlairs and business of said corporation here-
by created, shall be managed and controlled by suc'i num-
ber of trustees, curators, or other ot!iiMrs,ns said persons
before n^med, their survivors or sue* < ssors, may deter-
mine ; and any peison named in this act may call a laeet-
ing of such corporation, by notice published in any news-
paper printed in Chicago, for thirty day, specifying the
time and place of the m«fting of the cor]' >rators.

§ 4. Tl.is act «hall take eiVecl and be ii.force from and
after its passage.

Approvkd Feb. 14, 1867.

rr> n, i^^ AN ACT to ameiul an act enliilrd '-An act (d iiicorporalo (he Jo Daviess
an-l Stephenson Central Railroad Coiiipai.v," approvoii Feb If), A. D.
I8J5.

Section 1. lie it eimcttd by the people of the strte of
Illinois, represented in the Gent rul *'/.ssi mh/i/, Tli it so
much of said act to which this is an amendment, as re-

YiiM cktM»4«>i. quired Sdid railroiid coutpany to commence said railroad
within two years affer the passage of said 8«t is hereby
repealed, an<l the time of rommei. cement extended to six
years rr»»m the passage of this amendment.

c»9mir mrr t- § '2. The boaul ol supervisors of Jo Davi<'?s county be
*^ **" and they are hereby authori/»d and enipou*red to loan

the creilit of t!n- «aid count) to sai 1 Jo Daviiss and Ste-
phenson Central Ilailroad Company, b\ issuing bonds of
said c'onn'y, in sum" of one thousand dollar- , with interest
coapori* attached, ujion puch t«rms an<l re^tri'^tions as said
board of supervisors may prescribe : /'/or///( (/, the amount
of said boiidfl issued by said county shall not exceed the
ffum of one hundred thousand ilollurs, nor bear a greater
rat»' of int'-reMt than eight percent, per annum: »/9n(/,pio-
vidfi/f thiit tl e propoiition for t^io lubscription lor mid
■loi Ic <<hall have been first snhniilte<l to a vote of the in-
habi'.M.'f of Maid county for apjiroval and approved by
tbrm in ibe manner proviued for in section btx cf an act

809 1857.

entitled " An act supplemental to an act entitled *an act
to provide tor a ^t^neriil system of railroad incorpora-
tions,'" approved Nov. 0, li^'r.*.

§ ;5. Tills act ti) be in t^rce from and after its passage.

Approved Feb. 14, 1837.

AN ACT to incorporate the Peoria and Ton du Lac Coal .Miiiin>j Company. Feb. u, 1867.

Section 1. Be it enacted hi/ the people of the state oj
Illinois^ represented in Ike General %/lsse7nhhj^ That Da-
vid Trail, Jacob Darst, Tliomas Bryant, Amos Lee Mer-
riman, James Dougherty and John T. Lindsay, and such
other persons as may be associated with them for the j)ur-
pose specified in thi*' act, be and they are hereby consti-
tuted a bodv corporate, by the name and style of "The Name and »tyie.
Peoria and FonduLac Coal Mining Company," for the pur-
poses of miuing bituminous coal i:i the vicinity of the city
of Peoria, in TazHwell county, on the oj>posite sifle of the
Illinois river from Peoria city, in Tazewell county, in this
state ; and by that name they and their successors shall
have succession ; and shall be capable, in law and equity, •

of suing and being sued, pleading and being implt^uded
again-^t, in all courts of law and equity in this sta'e ; and
they may have a common seal, and alter, change or amend
the same at their pleasure.

§ "2. The said company may purchase, receive by ncding or imi
grai«t or device, real estate, mining rights and rights of ^'^^■
way, as may be deemed by them as necessary for the suc-
cessful prosecution vi their business of mining coal and
the execution of the powers iiereinafter granted ; and, also,
shall have power to lay out wagon, cart or railways or
appurtenances thereto, on and from the lands owned by
said company to such points on any railroads, now incor-
porated or hereafter to be incor])orated, or to the Illinois
river, as th^y may deem expedient and proper for the
prosecution of their said work of mining and marketing
coals and the successful prosecution of their business :
Provided^ that said company shall not carry said roads or
wagon or railways ever tlie land or lands of any other
person or persons or incorporated company until the dam-
age is assessed and paid to said person or persons, as is
provi<led in the laws of the state of Illinois concerning
right of way.

§ o. The capital stock of said company shall be one Amount of api-
hundred thousand dollar^, which may be divided into ** *'*^^'
shares of one hundred dollais each — to be subscribed for

1^5"

810

9«rt(i«n>

in the manner prescribed and jirovidod in this rtct; which
capitHl stork n>ay be inireased to three hundi»tl thousand
[dollars) at th«' jileasure of sard company ; and as soon as
four thou'<«nd [d«dlars] of tlie c.»j)ital stock ot said com-
pany is subseribt'd the stockhoKUrs of said company may
choose directors to transact and conduct the business lor
which this charter is granted.

jj 4. The commi->>ioners, or anj tliree of them, arc
liereby authorizcil to open book-* of subscription in such
location and at such phice or time as they may deem most
appropriate.

§ t"). As soon as four thousand dollars of said stock of
said company is subscribed the stockholders may elect
five directors, to maiuigo and control the business and
atfdirs of said compatiy; and at such election each stock-
iiolder, either in per-?on or by proxy, shall be entitled to
one vote for eacli share of stock helil by him or her.

^ i'l. The directors of said company, elected in pur-
suance of this act, shall have power and authority to make
all needful rules and regulations and by-laws for the con-
trol and management of said company and to carry out to
the full extent all the powers herein granted by virtue of
this act.

§ 7. The said company shall have power to appoint or
* employ an agent or agents to carry into cflect their busi-

ness of mining, and prescribe the duties of each for the
purpose of carrying [out] the j)ro\ isions of this act.
f^^i^i^^, § ^' Said company sliall issue certificates o*' stock to
*i«- the subscribers thereof, which certificates shiil! be trans-

ferable only in such manner and in such place ns the by-
laws of said company may direct and jirescribc.

^ '.'. It shall be lawful for "^aid company to borrow mo-
riwv^ta tarrw f^^y^ g^{ ^H times, when tliey may deem it expedient so to
do, and in such sums, by ;,ivir)g mortgages, for the pay-
ment of the same, on all the property, both real and per-
fooal, belonging to said comjiany ; and such money may
be borrowed in such sums as the parties may agree upon.

5 10. Thi< act to be in force from and ailjr its pas-
age.

ArrmovKD Feb. 14, 1857.

811 1857.

AN ACT to incorporate the town of Vand.ilia, id tlie county of Fayette, I'eb. 14.1867.
uiul state of Illinois.

Section 1. Be it enacted by the people of the state of
Il/inoiSy represented in the General Jtssenibh/^ Tlia^ [tlie]
inliabitaiits and resi(!ej»ts of the town of Vnndalia, Fajette
county, are hereby made a body corjiorate and jiolitic,
under the name and style of "The Preslderit and lioard of f^':ic.
Trustees of the town of Vandah'a ;" and by that name
shiill have a perpetual succession and a common seal,
which they may alter at pleasure, and in whom the pov-
eriiMient of the correlation shall be vested and by whom
its affairs shall be managed.

^ J. The boundaries of said corporation shall be those Bonnturi**.
at this time establislied by the ordinances of the present
roiporation of said town, which said ordinances are here-
by legalized for that purpose.

§ 3. Whenever any p.ddition of town lots shall be made A<i.niion to lowm
adjoining said corpo'ation, and «hall have been properly '"*
recorded, us required by law, the same shall become an-
nexed and a part of aid corporation.

§ 4. The inhabitants of said town, by the name and style oencrai powen

r •11111 X 11 1. ij vesied In oorpo-

aloiesatd, sliall have power to sue and be sued, to plead rauon.
anJ be impleaded, to defend and be defended, in all courts
of Uw and equity, and in all actions whatever, both
real and personal; to purchase, receive and hold real or
pergonal property within the limits of said town ; to
purchase, hold and receive property, both real and per-
sonal, beyond the lii.iits corporate of said town, for the pur-
pose of burial groands or other public purposes for the
use of said town ; to sell, lease or disjiose of property,
both real and per>onal, for tlie benefit of said town, and
to improve and protect such property and to do all other
things in relation thereto as natural persons.

§ 5. The cori'orate duties and ])owers of said town Boarj of uire^
shall be vested in five persons, who shall form a board for ^"'
the transaction of business, and the jtersons who may be
in office as trustees of said town under the general incor-
poration law of this sta^e shall, after the passage of this act,
be deemed to hold their offices by virtue of this act until
the fir^t Monday in August, l^'o?, and until their succes-
sors in office are elected and qualiiied, and to discharge
their duties in conformity to this act.

§ G. That there shall be elected on the first Monday Ei»ciii«».
in August, 1^67, and ot» every fir^^t Monday of August
thereafter, five trustees, who shall hold their offices one
year and until their successors are elected and (jUhlified;
and public notice of the time and place of holdn.g stich
elections shall be given by the president and l)oard of trus-
tees of said town^ by an advertisement published in a

(Mk«r»«lkMnl.

1857. 812

newspaper of said town, if tl»er«> he ono so pnblislied, and
by posliiig up notices in three ot the Jiu><t jtublic pluces of
said town, at lea'^t ten ilays bettre said election. N<) per-
son shall be eligible to the othca of trustee of said town
unless he shall be a white male inhabitant, above the age
of twenty-one years, and a fr» eholder in said town, nor
unless he shall have resided in said town fv)r at least one
year previou'?!} to his said election. All free white male
inltabitants, over the age of twenty- one years, who may
have, under the laws of this state, a rij^ht to vote at any
general ejection in said town for any state or county otii-
Cers, shall be entitled to vote at said election for said trus-
tees. And said board of trustees at their first meeting
shall proceed to elect one of tlieir own board as president,
and shall have p »wer to fill, by aj)pointmt nt, all vacancies
which may occiir in said board, by death, resignation or
removal. Said trustees shall have power to a])p >int a town
constable, assessor, treasurer collector, clerk and street
comiai^sioner, all of whom shall I e re(jiiired to give bond
with j,ood security, in such conditions as the said l)oard
of trustees "»n.iy recjuire, and who shall also take an
oath before some justice of the jieace or notary public,
we.l and failhtnll'. lo perform the duties of their respect-
ive otHces according to the best of their ^kill, iitformation
aiid abilities. And it shall be t!ie duty of said constable to
Servf* all writs, orucepts and pioccss which may be issued
against any p» rsun for any violation of the onlinanoes of
said town. And the said constable shall have the saino
rights, powers and privileges and duties that other con>
stables have, and shall h ive the same lees taxed as costs
that the law gives to other constabh s within th«' limits of
the corporati in. Said consl.tble to hold lii-< othce for one
year and until his successor is elected and (jiialified.

^ 7. Tlie trustees aloresaid and tin ir successors, or a
majority '>( them, shall have full power and authority to
ordain tud establish sij<'h rules and regulations for their
govemiiM nt and direction, and for the transaction of the
bu«ine9-i and corict riiS of the corporation, as tiny may
deem expedi^-nt; und t > ordain, establish and put in exe-
cution <^nch by-lawj, onlinances and regulations as shall
0cem III cessary fur I'le government of said town and for
the rr (. I ^cment, cotitrol, di^|iosition and np|>licati >n of
iff rofp .,il»r proper ) ; and, generally, to do and e\,!cute
•11 fiiioli liiings wlii<|i may seem n'-cessary to tliem to do
not repugnant to tlie law^ and constitution of the state of
JItinoif.

6 H. The mid trustees shall have power to levy and
collect • ta«, nor i xceeding one* half ol one per cent., on
all lot«, l«>..';f, iin; ioveuxni^ and ])ersoi)al properly in t|i»3
limits of ."Atd curporaliun, accordiiig to valuuliun j to tax

t»«n

813 • 1857.

f)nblic sliowfj, concerts, lectures, exliibitinri'' of all kinds,
loiiu'S of jmblic entertaiiiMient, taverns, beer liuwes,
stores, bakeries, &c.; and tn license peddler.", auctioneers
and vetulers of patent medic ines, &.c.; for tlie j»iirj>()s<j of
rankinj^ and rej>;iiriiig the str»«ts and inipro^ing \\n- s »me,
and for kee|»iiij^ tlit in in r«|i;iir, and for (In- purpo-e of
erecting public buildings ami other works i>f pvihlic utility
as the intt rest and convenience of said town ni;iy seem to
roquire ; and may adopt such modes and m'.aiis I'or assess-
nir-iit and collection of taxes as they shall frun time to
time deem expedient, and to pi escribe the mode of sellii.g
property when the tax upon it shall not be 'aid : Pru-
viiliiLna sale of real estate sliail take piacp until time and Saie of real
notiee of sucJi sale shall be given, by notice puljlisjjea m
a public newspaper, if one b»' published in the t(»wn, and
bv posting up notices in four of the most public places of
s lid town, containing a list of the delinquent r^ial estate,
at least thirty days prior to .-Mid sale.

^ 'J. Wiien any lots or real •state shall have been sold ^••'•■nipiion ef
lor taxes as aforesaid, the same shall be subject to re- uxes.
domplion in ilie times and on the terms now prnvidtd for
tht redemption oi real estate sold for state and county
ta.\r.^, but should the real estate so sold for t:^\<s '\v the
time and manner provided f'»r hy law, and \i the purchaser
or (>tlier person for him shall liave paid all taxe« v.itii which
such real estate or lots shall have been charged up to the
time when the right of redemption shall expire, then and
in that case it shall be the uuty of Ihe j r< sir!* nt of the
board of trustees to make, execute and delivci to the pur-
chaser or purchasers tliereof a deed therefor, sia;ned by
the president and countersigned by the clerk of the board
of trustees.

§ 10. The board of trustees shall have the right and 'Xe'"'""" "'
power to regulate, gr^de, plank, improve and pnve the
streets, alleys an*! public S(juar»'S in said town, for which
purj) no they shall have power to levy, annually, a road
labor tax of not less than three nor more than live days
against every able bodied white male over the age of
twenty one years and under the age of fifty years, to be
collect* <1 and expended in .«ach manjier as they sliall de-
termine and difect.

§11. The said trustees shall have power to tax, re- ■''«'pi>"6 >><*«»•••>
strain, proliibit and suppress tij)pling houses, drani shops
and g iiring liou^e*', bawdy house<i and other disorc'erly
house.x, and to suppress and restrain I illiard table.*; t'^ lay
out and vacate streets and allej s, \^ lu n t!:e public good
may ."»< em t.T reijuire it.

§ \'2. SiitI trustets, or a majority of them, shall have ooo.ioi>i«t.
power to pr^'Serve good order and .harmony in said t( wn,
and to punish open indecency, breaches of the peace,

hor«e racini^, ilisonlerly liousps, riotous raeotiiigs or as-
8rinblrti;«s, "«"^i to i)uiu-«l» persons for makiiii; loud or
unusual noises or for uisturbinjr ptMsons asseuuiUil for the
purpose of religious or other meetings in said town; for
winch purpose said trustees may make such b)-la\vs and
ordinances, not incompatible wiih the laws of this state, as
Jif) ui ly deem necessary or expedient to carry the pro-
visi ns of this act intt» etIVci, and to impose fines lor the
violation ot any of tiuir by-laws or onliuances, to oe re-
covered before any justice of the peace in said towa by
action of debt.
JW1M* ff «^» § lo. It shall be the duty of any justice of the peace in
»*•*•• saivl I -wii, and he is lureby «uthoriz<'d and emptwered,on

view or upon coukplaint being made to him in writing, under
oath, lif tbe violation of any law or Ordinance of said town,
to issue his warrant, directed to the town constable or any
authorized person, to apprehend the olVender or offenders
and bring liim, her or them before him lorthwith; Jind alter
hearing il»e evidence if it shall appear tluit the accused has
been guilty of the violati'U of any law or ordinance of the
corporation, to impose suih fines or imprisonment as may
be provided for by such ordinance.
si»u t> ** -p- ^ It. In all cases arisin ,' under the provisions of this
'^"^ act, appeals may be taken, writs of cer/iurari may bo al-

lowed as is now oi may herettlter be provided for by law.
ri»«« 06ii««:t«.i & 1.'). All fines or moneys collected lor licenses granted
under the provisions of this act shall be paid into the town
Irea-ury for the use of the inhabitants of tiiis town.

5 l»i. I'ho trustees shall provide all the necessary book'',
and hav»', by tin ir otficers, true and correct records kej.t
of all tlieir proceedings and of Ihc prori>elings of their
otficers; which iiooks or attested copies tiiereol, sliall bn
proi<f in all courts will.m this state ; said records to be kept
mojit fully and entirely of all proceedings and acts of said
board of trustees, and o: all by-laws and ordinances; and
no ordinance shall be of any force until the - ame shall have
be»n adv. rtiied, by posting copies in three of the most
public places in said town lor ten days.
f*«Mi*«-«> 6 n. The said Iruitees shall have power to make pave-

mriitfl or sideWDik^ in said town as to tluMn may .^cein
necdlul : Pruru/, 7, that any lot in frui.t ol^which any side-
walk IS to be inari« sliall be taxed at least one-half of the
CXprn^ei of such sidewalk.

\ IM. Thr said trustees shall have |iower to declare
what oh (II be considered a nuisance within tiie limits of
thf! corporatiun, and to provide for the abatement or re-
moval tliireof.

4 !'♦. The corporation of said town is endowed with nil
the pTVfrs and privihges that are accorded to the city of
Hprif'ed.j'l. by til'- clurter tlureof

815 . 1857.

Tlii^ act shall tako effect and be in force from and after
the ])agsage thereof.

Approved Feb. 14, 1857.

AX ACT to incorporate thcQ-iincy, Canton and Warsaw Il.iilroad Com- F,b. w, t907.

pany.

Section 1. Be it enacted by the people uf the state of
lllinuisy rt'jrescnleit in the General t'2ssenif>/i/, That Wil-
liam H. Carlin, James D. Morgan, Amos Greene, John
Wood and .lohn Ruddle, of the county of Adam?, in the
state of Illinois; Joseph Sibley and John E. Johnson, of the
county ol llnncock, in the state of Illinois, and Madison
C. Hawkins, Chauncey Durkte and Humphrey M. Wood-
ward, of the < ounty of Lewis, and in the stale of Missouri,
and their associates, successors and assigns, are hereby
created a body cori)orate and politic, under the name and
style of "Till- Quincy, Canton and Warsa\/ Railroad Com- styio.
pany," for thr term of fifty year-: and by that name be and
they are heieUy made capable, in law and in equity, to sue
and be sued, plead. and be impleaded, defend and be de-
fended in an) court of law and equity in this state, or in
any other place; to make, have and use a common seal,
and the sam«- to renew and alter at pleasure; and shall be
and are hereby vested with all the powers, privileges and
immunities which are necessary to carry into effect the
purposes and objects of this act, as hereafter set forth;
and the said company are hereby authorized and empower-
ed to locate, construct and finally complete a railroad,
from the city ot Quincy, on th^* Mississipj)! river, in Adams ^l^^j'."" °' "''*
county, by the way of a point on the east bank of the Mis-
sissippi river, opposite the town of Canton, in the county
ol Lewis, in the state of Missouri, to the city of Warsaw,
in the county ifHincock; and lor this purj)ose said com-
pany are autii.rized, upon the most eligible and j)roper
route, to lay out their railroad, wide enough for a single
or double trick, through the whole lengtli; and for the
purpose of eitting embankment-?, stone and gravel, may
take as mud. more land as may bp necessary for the ]>ro-
per construeii )n oi and security ot said railroad.

§ -. Tiie -apital stock of said company shall consist ■*"»«""'"' "p»-
of one million live hundred thousand dollars, to be divided
into shar&g of one hundred dollars each. The immediate
and direction i-i" said comj»any shili be vested in five di-
rectors, wh ) 5hall be chosen by the stockholders of said
company, in the manner hereitiattir provi le<l, who shall
hold their offices lor one year after tiieir election, and un«

twrr^r*

BMnc»< in re:

til oth*»rs slinll be duly elected and qualified to tftke tlieir
»tr«<:t.rt«. pUot^^i as dirertois; Htid tlio said (iireCois, h iiiHJority of

wluMit siutll loiui a quorum tor the transactio i ot busiuess,
sluill t U cl one ot" tluir nuu»l>t'r to bo the pusidtii^ of the
con»i>any- The said hoaul <>t" ilinctors shall liave p'Wer to
auujint all necessary cleiks, secrt-tary and other o.iioerS)
necessar) in the transaction ol the business ol said corpo-
ration.

& o. The said corporation is hereby nutliorized, by
their a«»ents, surveyors and engine ts, to cause such ex-
ainiiiHiion and survt)s to he made ot the proiind anil coun-
try between said city of Quin y and \Vaisaw, via the
point above mentioned, as shall be necessary to deter-
mine the most advantageous route for the proper line or
course wlnreon to construct their said rtilroiid; and it
shall be lawtul tor said company to enter upon and take
possession ot and use all such lands snd real estate as may
be necessary for the construction and maintenance of their
said railr»)ad: frt;riVy< </, that all lands or real i-.state entered
upon and taken possession of aid used by said corporation,
for the purposes anti accommodations of s-aid railroad, or
upon wliicli the si'e tor said lailroad shall I ave been io-
- cat- d or tlitermiiud by the said corj)oration. shall be paid
for by said corporation at such pi ice as may be mutually
acreed upon b} said corporation and the owiwr or owners
ot •«uch laud; and in case of disagreement the price shall be
estiinatt-il, tixrd and recovered in the manner provided for
taking lands for the const ruction of puhlii- roads, canals, or
o.htr jtublic works, as presorihrd l.y the act concerning
right ol way, appi"Ved June 'J-d, IHoJ.
4 ii 4. Any person who shall willtnlly, maliciously or
wantonly and contrary to law obitruct the passage of any
car on "aid railroad, or uu\ part th. reof, or anything be-
longing ttiereto, or s! I ' dauiHge, break or destroy any
part ot said railroad « implements or hcildings, he, she
or t'ley, or any p'-r- n assisting, sl-all torit it and pay to
faid coinpan), foi ♦•\ '-ry »*ueh offence, treble the amount of
datn.tge* lltat "hall '•« pr'»ved before any competent court
Iia< l>ei-ii fiiMtiiinf d, an»l be fjii.d for in the name and be-
half iif laid coinpHoy; an 1 • uch (dfendcr or ofTinders shall
be de» me I guilt) <l a r.i*dem« anor, and shall be habit! to
an infJic'ment, in ^e aine manner as other imlictments
•re f.Mii.d in ai.^ cou.ty or coimtit s where Fuch otfVnce
•liail have *>een comuitted; and, upon conviction, every

■ ■ ■" ■ ,11 be 'iable to a flue, not excee«ling five

, for the nie of the county where such in-
di''im«'nt« m «y ix* lound.

A '>. TfM- time of holding the annuid meeting of .laid
coin,»*f»y, for tbn election •)f dir«fotor«, shall be, fixeil and
detTiniiied by the by-lawn of faid company; and at all

817 1857.

meetings each stockholder shall be entitled to a vote, in .

f)ersoii or lawfcil prov), one vote for each share of stock
le, she or they may h(»l(i, Ixnxa Jtde^ in said company.

§ (>. The j)t'rsons n.nned in the firs't st-ction f»f this act Su'xcripiioni of
are lu'rel)y appointed conimissioners, who, or a m^jiirity * *^
of whom, are liRrehy authorized to open siihsciiption buoks
for said stock, at such places as they may <leem proj)er,
and shall i;ive at least thirty days' notice of the tim^ and
place wilt II and where such books will he op. Tied, in all
the newspupers jirinted in s:iid cities of Quincv hikI War-
saw, in the state of Illinois, and the town of C.mton, in
the state of Missouri; and shall keep said books open until
the whole of said capital stoik shall be taken. Said coni-
misioners shall require each subscriber to pay five dollars
on each share subscri ed at the time of subscrrihin^. The
said commissioners shall call a meeting of the ^Jtorkhold-
ers, by givinuj thirty days' notice in some newspaper jtriut-
ed in the county of Adams; and at such meeting it shall
be lawful to elect the directors of said company; and when
the directors of said company are chosen the said commis-
sioners shall deliversaid subscription books, with all sums
of money receivf-d by them as commissioners, to said di-
rectors. No person shall be a director in said company
unless he shall own at least ten shares of the capital stock.

§ 7. That the right of way and the real estate purchas- ^'s'»t ^^ ''•y-
ed for the right of way by said company, whether by mu-
tual agreement or otherwise, or which shall become the pro-
perty of the said company by operation of law, as in this act
provided, shall, uj>on the payment of theamount of money
belonging to the owner or owners of said lands, as a com-
pensation for the same, become the property of said com-
pany, in fee simple.

v; 8. Said company nray take and transport upon said Articles of tr«M.
railroad any person or persons, merchandize or other pro- ''^""'°°-
perty, by the f )rce and power of steam or animals, or any
combination of them, and may fix, establish, take and re-
ceive such ratt.s of toll, for all ])assengers and property
transj)orted on the same, as the said directors shall,
from time to time, establish; and the directors are hereby
dutliorized and empowered to make all necessary rules,
by-laws, regulations and ordinances that they may deem
necessary, and L'X|)e 'ient to acci)mplish the designs and
purposes and to carry into effect the provisons of this act,
and for the transfer and assignment of its stock, which is
hereby declared personal property, and transferable in
such manner a< shall be provided by tlie by-laws arid or-
dinaiices of said corporation.

§ 9. Tlie directors of said company, affpr the same is ▼•••»«» !■ ibt
organized, in c?se of the death, r» signation or removal of '^"*'
the president, vice president or any director, at any time
— 7-i

ldo7. 818

bf'tween th^ annual elections, such vacancy may be filled)
for the r» inaiiuitT of tlu* )t'ar, wliei » ver tiny may happen,
by the bowul of ilirectors; and in case of tlie ahsenct' of the

iuesidt'iit or vice presiiicnl tht- hoiud of diiectois shall
lave }»ouer to H|>|)uint a j»resident, jiro teniptirt\ who
shall have and exercise such powers and functions as the
by liiw^ of SHid corporation may provide. In ease it should
nt any time happen thut an c.ection shall not be made the
said corporation shall i.ot lor tiiat cause be deenml dis-
solved, but siuh election shall be held at any other time
directed by the by-laws of said corporation.

»uM«**ic>K- § It*. That when the lands of any J\ ntvies cuvcrf, per-
*****' sons under age, non comp is tncntis, or out of this state,
shall be taken in the construction of said railroad, .i3 is
provided h) tliis act, the said cor|)oratinn shall pjiv the
amouiit that shall be awarded as due to the said last men-
tion« d owners, respectively, whene\er the same shall be
lawfully demanded, together with six per cent, per an-
num; that to ascertain the amount to be paid to tlie per*
Sons named in this section, for lands taken for the use of
said corporatiiui, it shall be the duty of the governor oi this
State, upon notice given to him by the said corporatii'vn, in
thema'ter to be determined by them, to deteriflii e the
damages which the owner or owners of the land or real
estate so entered upon by said corporation has or have
sustained by the occupation of the same; and it sImII be
the duty ol s>»id comini'^siontis, or a mnjority ofthem, to de-
liver to said corp«iiation a written statement of the award
or awards they iihall make, with a description of the land
and real estate appraised, to be recorded hy said corpora-
tion ill clerk** clifiee (>f the county in which the laiiti or
rc«l estate «o ajipraised shall lie; and then said corpora-
tion X .\.\ be deeni> d to be seir.< d, in fee> siiiip!e, of all
■u« It 'I'nl^ and retil estate as shall tiavt; been approved by
sani < oininifloioners.

'"■••"•• § ll- That whenever it shall be neces<saiT for the con-

fltrurtion of said raihoad to inter>ect or cross any water
c I any road or highway l)ing between the points

a' . it 5hjll he lawful r)r the corporation to construct

t r ojtd across or upon the same: Pruvulul ^ that

t -ration hUbII restore the water course, or road,

or I), thus mterseeted, to its former state, or in a

fcuipi 1- msiiner not to have impaired its usefulness.

rinMM««iM4k k Vi. Teat it nliall he laulul for tlie directors to re-
f| ' of the jium< KubMcrib«'d to the capital stock

a' a:i(i in nnch proportions and on such con*

diti .t,i ;» • V,, 1^ <|iHildeeui fit, under the pen»lt\ of the I'or-
fei'Mr*- f<f u'l previoii* pa} men's thereon, and shall give
U'>'-\ K uf tb« |«a)inent<i Urns reqiiir«'d and of the place and

819 1857.

time wlien and where the same are to be paid, at least
sixty da).s previous to tlie payment of the same, in some
public iiewspapj-r published in the rily of Qniney.

§ I'-l. Tlu! wiiitli of said railroad is to be determined by widih.
the said corporation, within the limits prescribed by the first
section of this act.

§ 14. That saitl corporation shall be and they are here- Mitteri«i,oj«on-
by authorize 1, if they should deem it proper, to lake and •"^'"'^*'"*-
appropriate, in the construction of said railroad, any tim-
ber, earth, sand or gravel or stotje, upon any l<iii(l lying in
the vicinity of said railroad, by said cor|)orauoti payirjg the
owners what said materials are wrrth — to be determined
as the price of land or real estate shall be determined for
the riejht pt way and the use of said railroad.

§ [:'). That the said Qiiincy, Canton and Warsaw Rail- Ouuiicciu».
road Company may connect their said railroad, at such
points as they mav deem expedient, with the Northein
Cross railroad, first livainiij the consent of the said North-
ern Cross Railroad Compai»y, and paying such price there-
for as may be agreed upon by said companies.

§ IG. That for the purpose of facilitating said railroad
said company is her<;hy authorized to negf)tiate a loan or
loans, to the amount of its capital stock, and to pledge all
of its real and personal property lor the security thereof.

§ iT. The counties of Adams and ot Hancock and the suii'cripnoM tt
cities of Quincy and Warsaw, in their corporate authori- !ud*»"ici. ""*
ties, are authorized to subscribe stock ot one hundred thou-
sand dollar.- each; and said company shall have j)ower to
accept the same; and for the purpose of raising sai«i suras,
so by them subscribed, said counties and said cities, by
their corporate auihorities, are hereby authorized and em-
poweied to borrow said sums or less, paya.)le at such times
and places and in such sums and with such rate of interest
as may be agreed upon under their respective seals: Pro-
vidii/y Imtafver^ that the corporate attthorities of the said
cities of Q'lincy ami Warsaw shall not subscribe the said
sums of one hundred thousand doUais each to the capital
stock of said company until a majority of the legal voters
of said corporations, voting at some general or special
election, .'•hall have voted in favor of said investment.

§ 18. Nothing in this act sliall be so construed as to
vest in said corporation any banking privileges or any
power under which the same may be exercised.

§ I'J. Slid Q tincy. Canton and Warsaw Railroad n^nwk ir>«i«
Company stiall have power to use the levee that may be
made by the Hancock Lev»*e Ct)mpany, or any levee that
may be made by any company in Adams county, on such
teims and j)rices as may t)e agreed upon by said railroad
and said le\ee companies; and the said leVee companies

1«57. 820

■rr hereby authorized to sell or lease said levees to said
railroad if th»'y may deem it expedunt so to i\<k

^ "Ji. This act shall he considered a |>uhlic act, shall
take effect from and alter its passage, and shall continue
and reniain in t >rce tor the space of sixty years.

ArpRovED Feb. 14, 1S57.

r«6 I*. i« T. AN ACT to Incorporale Ihc NorthfieUl Mutual Firo Inpurancc Company.

Section 1. Jftit enacted by the peapte of the state oj
UUnot^^ riprexntttii in the deuera/ ./v.sr /«/<///, f hat
Milo Winchell, Jolm Cammack, Isaac lloflVrf, John Stry-
ker, Davis Hudley, Onstin Sliej)ard and John A. Keiini-
cott, together with stich other persons as may be associa-
ted with them, shall be and they are hereby created a
body jtolitic and corporate, liy tht> name, style and title of

Ki»» •»4itfi«. **The Northfield Mutual Fire Insurance Coinj)any," for
the purj>ose of in-^urini; iheir respective <lwcllint;s, houses,
stores, shops and otiier buildings, household furniture,
merchandize and other property against loss by fire; and
ttiey and their successors are hereby declared a body cor-
porate and politic, in fact and in law, with all the legal in-
cidents to a corporation aggregat*'.

».r«M«n. § "2. The affairs of the comj)any shall be managed by a

board of seven directors, to be electt-d at the annual
meeting of the members, as hereinafter directed, to con-
tinue in office until their successors are chosen. Th»* said
director* shall have power to perf<)rm such duties as are
ln'reinalter provided (»r a>i may t)e directed hy the by-laws
of lli»« company madi- in cont.trmity to this act. They shall
fleet a oTsident from th«-ir own body and appoint a secre-
tary ana treasurer and such other oifi^iers as may be ne-
Cfifary for the proper conduct of the company.

*»»•• •t«itMM § 'i- On any day, to be fixed hy saul parties named in
the firtt Section of tlii* eact, said par'ies may call a meet-
ing of said company and the members tli< n-of, and, aniiu illy,
nil the same day of the month, tlier* after, said niembi-rs of
f aid company shall coov*'ne for the purpose of eh Cting di-
rectors and for the transaction of such other business as by
Liid com|»aity shall be deemed neci-ssary, notice of which

••**•• meeting ■hall be given fur at least lw« nt) «la} s pri!\ious in a

piib|-c nrw«j.apir printed in Cor>U county; and until their
iiic^^siort are ehfisen the persons named in the first sec-
tion of thifl act nhall be the director! of said company,
with power to transact ail business hereafter enjoined on

821 1857.

the directors of said company; and all elections for direct-
ors sliall be by ba lot, from ainont»tlie rnombers, and by a
miijoiity of the V()tHS of th»- tueinbers present, to be con-
ducted by three jiidf^es, chosen from ammig the members,
not directors, who shall ct rtify, under their hands, the re-
sult of said election, to be filed with the papers and enter-
ed upon the records of said company. General meetings Gen«r«i meet-
of the company may also be held, whenever called by the """'
directors, or whenever requested by ten members; uiul the
meinber^J may, at such general meetings, make all b}-]aws,
rules and regulations necessary for the well government
of the affairs of said company, tiiat may not be inconsij(t-
ent with the constitiitit)n ;ind laws of this state.

^ 4. The directors shall have full j)ower, on behalf of i"»u'-»ne« privi-
said company, to make insurance against loss by fire on
any house, tenement, manufactory or other building, and
on goo.«s, wares, merchandi/e and effects tiierein, and on
hay, gr:'.in and other agricdtural products, in barns or
stacks, or otiierwi^e, and, generally, on all kinds of build-
ings, and of goods, wares and merchandize, on land of
sucii kind or description and within surh limits as may be
permitted in the by-laws of said company; and to make,
execute and perfect so many contracts, bargains, agree-
ments 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, to
be made by the said company, shall be in writing or in
print, and shall be under the seal of the said comj)any,
signed Ly the president and attested and signed by the
secretary, and also by the party insured: Provided^ that Exemption,
it shall not b»^ lawful for the said company to take any or.e
single risk that shall exceed five per cent, on the total
amount on the books of said romj)any.

§ 5. Any person applying for admission and holding '*-^|e' ^ '"*'*'•
any property within the boandariesot the company of such
description as may be insured therein may, agreeably to
the by-laws for the admission of members, enter their j)ro-
perly to be insured, with the valuation thereof, on the
books of tlie companj; and when any property so entered
shall be destroyed by fire such valuation shall be made the
basis of a tax (o remunerate the loss; and all such persons
as are now associated together, under ihe corporate name
aforesail, 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 ^hall remain insure 1 by the said company, and no
longer.

5> 6. Any person enterint? for insurance shall deposit Mi-in.r of »b-

3 J I . *> i-i !• • liinim in»ur-

with the secretary of the comi>any Ins, her or tJieir prorais- mm

sory note, paynblr, in j>ait or in whole, b( nny time when
the directors shall ileein the s»mp requisite for tie pay-
ment ol* losses by fire or for such incidental expanses as
may be nec» s.<ary for transaotin^ tjie bnsiii' ss of the com-
pany* for a sum equal to oue ami one Imlf ])er centum on
the amount of the pro|>rrty insurcii, accoiding to the scale
of rates estahlisheii by the company, ami shall receive, in
return, a policy of insurance, signed by the presiilent and
ttttstfd and signed by the secretary. And for the pur-
pose of rai<iiti; a contingent fund for the paj ment of losses
and ether obji-cts of tlie company it shall and may be law-
ful for the Siiiil company tti exact from its members interest,
«t ii rate not exceeding six per ceir. per annum, on the
amo nt of said proraissor} note or deposit note, as long as
in their jtuigjnent the company may require it. Such in-
terest shall be paid to the treasurer U; on the day of each
annual meeting; and every payment o! inttrest so made
shall be entert-d to the credit of th«- projier person, on the
books of the company, and be applicalde, as far as the same
may g^» to tlie liabilities of the indiviilual and of the com-
pany, and shall so remain; but upon the withdrawal of any
member or the canceling of a policy, from any cause, the
d' p.»sit nf'te, with all unajipropriated interest thereon or
clear profh«, to which the members may be entitbd, shall
be ^iven up to the dejmsitor, his executor or administrator;
■nd in case any ass'ired named in any policy or contract
of insurance made by the said company shall sell, convey
or a-jsign th«' subject injured, it shall ajid may be lawful lor
sueli prr<on« assured to convey and deliver tn the purcha-
ser such policy or contract of insurance; and such as.jgnce
ihall have all the benefit of such policy or contraet ot in-
s .ranee, and may t)ring and maintain u suit, or in like man-
ner be proceeded ni^aiiist iti his own name: Pratu'ilid^ that
before Jtn) loss happens he shall obtain the consent ol the
presi.ln.t or secrrtary to such asxignment and have the
same indorsed on or annexed to such policy or contract of
iusurance.

^ 7. This insurance shuU be subject to adjustment
when either the company or owners may r< (juire; other-
wise the policy will not reijuire renewal.

^ <^. All and every nieinh«r of this company, who shall
•u«t«iii an) loss or damage by fire, shall give immediate
notice thereof to the president and tlirect')rs of said com-
j»an), ul their office, »o the end that they ma) inquire into
the •.'line, who shall direct the proper ajjpraisers to view
tlie premises and determine the actual loss sustainejl and
make report wi'hin fen da)**. In cases where the person
sn«taihing • loss b) fire siiull be dissHti>fie(l with the vhVx-
rnsteof his loss, made by the ai)praisers, on hisierjuesl the
fane may be *iitiraitti'd to three disinterested personSf
chofrn by the parties, whose report j-hall be conclusive.

823

1857.

S 0. Upon reception of the report of the appra.s- T«e.
ersorre.erees the .lirectors shall proc e.l, in case there
Bhall not be money enough in the treasury to pay he same,
to levy such j,ru lain tax as shall, t.>Rether w.th the sum

n the treasury, be M,nal to tl,. a. judged damnges and
cost of collec.inr, they may publish the same .n ^;;'^'' ">'»"-
„e^ us they shall see fit; they may employ a.colUctor, if
necessary: to collect the same and pay .t oyer to the trea-
sur. r within thirty days; and the president shall give the
assured an ord.r on the treasurer -r the amoun due to
him, which must be paid to him w.tl.in Mxty da> s from the .

occurrence of the fire, otherwise the company shall be h-

'''': lo' 't'rl* member of said company shall be bound
to pay for the losses and necessary expenses accruing m
and^to said company, in proportion to his note or deposi
or taxable property on the books thereof; and suits at
law may be maintained by said company against any ol
its m-nbers, for the collection of said deposit note or an
assessment thereon, or for any other cause relating to the
business of said company; also suits at law may he prose-
cuted and maintained by any member against said com-
panv for losses or damages by lire, if payment is withheld
Inor'e than ninety days after said company is d-.ly notihed
of su.-h losses; and no member of the c .mpany, not be.ng
in his individual capacity a party t > such suit, shall be
incompetent as a witness in any such causes on account
of his being a member thereof; and the s.id corporation
may have and use a common seal, and, at their pleasure,
ftUpr nr chancre the same. . .

^ 111 It any member shall neglect or refuse to pay h-^-j.^J. ^ p*J^
the regular installment of interesc on his, her or their .nte.-i.
deposit note, the directors for the time being may debar
or exclude such member from any benefit or advantage
from his, her ur their insurance, respectively, unti the
same is paid; and if any member, for the space of thirty
days after the demand of the same by the collector, shall
neelect 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 t le whole amount of his deposit note, with costs
of suit; and the amount thus collected si all remain m
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,
a id the policy be canceled. . . j j» u

5 1' The privileges hereby granted or intended to br .u.tofcb.r.
grantJd by this act shall continue in force for the spac,
of thirty years; but if it sinll appear, at any time to the
legislature, that these privileges are injurious to the pub-

lie welfare the power to re|u>al tliis act sliall not on any
ftccuuitt be denied or impaired; but sucli rtpcal shall
uotf on any account, affect any engagenit nts to wliicii
said ciini[»any u>»y liave been party previously thtreto;
•nd the said company shall have a reasonable lime to
bring their accounts to a final settlement and terinina-
tiou.

§ ICi. This act shall take effect and be in force from and
after its passage.

Apj'rovkd Feb. lt», 1857.

fci. IS, i?~*. AN ACT to ii.corj'orate the l.mporium Hotel Company.

Section 1. Be V enacted hij the pei>})le of the state of
UUndi^j rejjrexeutii/ in the (Jeneral xlsscjnhli;^ That ^. V.
S. Liii«lsley, R. M. iKirllttt, James B. IMorrisou, B. Cloak,
J. E Peyton and Daniel Wiehl, and their associates, heirs,
assigns and successors, shall be and are hereby constituted
a body politic and onij>orate, under the name and style of

Via* aad (tyif. *'Tlie Emporium II 'ttl Company;" and by that name have
perpetual succession; to sue and be sued, to j)lead and be
imjdeaded, answer anil be i«ns\verrd unto, in any court of
law and equifj; Ihej may have a common Seal, and alter
the same at pl<-a^ure.

Ua4«4 prn«:'7 $ -• Said corporation shall have power to purchase
an«i hu!d au) rjuantity of ground, not exceeding two hun-
dred and sixty five f«'«t fi( nt by two hundred t'-et in (h pth,
in Kuiporium or MouimI Cit}, an<I erect or cause to be
erected, fiuisli and furnish a suitable buildiitg, to be used
for a hotel and other purpose^, thereon; to let or lease
the »amr, in part or the wliole thereof, from lime to time,
or di«po5e of t e same, by sale; to collect rents, dues
and danuig*-y, llie san^e as nnlural persons.

Ammmk 1 '»..- ^ ?,. The capital stock of said company shall not
exceed the sun of two hundred and twenty-five thousand
dollars, which shall be divided into f hares of one hundred
doll.ini ♦•aeh, and be consid»red pt rsonal j)ropiTty, liable
to iX'CUti'Mi, ;ind tramfiTaMf on (he hooks ol the vom-
pan}; and in no ca^e shall any stockholder be lnid liable
beyond the amount of his Rubs( ription.

*^.*^^^ 5 4. That J. V. S. Lind.l.y, R. M. Barthft, J. B.
Morrifon, B Cloak, J. E I'e) t >n and Daniel Wi. hi, and
iiich othpffl a» they may associat*- with th« tri, ar« hereby
comini««ion<-d to r»T»'iv»- subscriptions to the .»tock of
• aid company, when arifl where, and aft -r such notic*- as
Ihey or a rr. •] )rity tjf tlicm sliall agree upon; an I all sub-

825 1857.

scriptions of stock wliicli shall not be paid in such pay-
ments as shall be agreed upon in the hy-laws of said
company shall be forfeited, with the payments made
thereon, for tlie use of sh'hI company.

§ 5. The allaiis of the company shall be' managed by oirMtor*.
six directors and one president, who shall have the cast-
ing vote — a majority of whom shall form a quorum for
the transajctiun uf business, and who shall be elected by
the stockholders, at such time as the sum of fifty thou-
sand dollars shall have beiri subscrilied to the stock of
said company, and shall continue in ofliie for one year
and until such time as their successors shall he elected and
qualified. These shall be el«»cted by the stockholders, each
of whom may vote personally or by j)roxy, casting one vote voung.
for each share he may represent. Upon the election of
directors and organization of the board the said commis-
sioners shall deliver to the said board of directors all
moneys held by them on subscriptions of stock and books
of subscription and other property of said company.

§ G. The said directors shall exercise a general super- control jfdircfi-
vision and control over the business and property of the """
said company, and have power to make and enforce such
by-laws, rules and regulations, for the government and
business of said company; to appoint a secretary and
treasurer and such officers us shall be deemed necessary;
to require bond, with approved security, for the faithlul
performance of their duties, and fix their salaries, and
for such other purposes as may be deemed necessar) , not
inconsistent with this act, the laws of this state and that
of the United States.

§ 7. All suits brought by or against said comj)any suiuat law.
shall be brought and jjiosecuted in the corporate name
thereof, and the law of partnership shall not be plead in
bar in any suit betwe n the company and stockliolders.

§ 8. All conveyances made of any real estate by said
company shall be made in the corporate name thereof,
signed and acknowledged by the president, bearing the
seal of the company and attested by the secretary.

§ 0. This act shall be a public act, and be in full force
from and after its passage.

Approved Feb. IG, 1867.

1S57. 826

r«*. 1«,1M7. AN ACT to incorporate the Eagle Coal Company.

Sbction 1. lit' tt enacted by the people of the state oj
Jt/inoi'i, re/>rrsente(/ in t/te Genernl »Issetn'>/i/, That A.
Campbell, William II. Brt'wsttr, Julm P. AKCahan and
their successors, associates and assigns, are hereby created
a b.idy corporate and politic, under the name and st}le of

x»ai# »»! .rif. *'The Eagle Coal Company;" and by that name be and
they are hereby made capable in law and in eqnify to sue
and be sned, plead and be inipleadeii, defend and be de-
fended, in any court of law and ecjuity, in this state or any
other place ; to m »ke, have and use a common seal, and
the s:\me to renew and alter at pleasure; and shall be and

(;«Mr»i pcwtTt are hereby vested, with all the powers, i>rivile2es and iin-
niiunties winch are or may be tiecessaiy to carry into enect
the pur|>oses and objects of this act ; vancl the said com-
pany are hereby authorized and empowered t(» sink shafts,
erect buildings and work machinery upon the lands of said
company, and perform such other acts as are usual and
which may be necessary in carrying on mining operations.
They are also authorized and empowed to purchase, ac-
cejit, hold and convey real estate and to construct a rail-
road from their mines to the Illinois Central railroad at or
near Tonica, upon the most eligible route, wide enough
for a single or double track.

c<pi'.«t (toft. ^ 2. The ca[)ital stock of said company shall consist of

one hundred thousand dollars, and may be increased to
three hundred t lousand dollais, to be divided into shares
of one hundred dollars each. Tlie i;OVernment and direc-

ocic*-« of t!>« jJQp „f j;,ji,j company shall be vested in three tiirectors,
who shall be chosen by the stockholders of sai<l company,
and who shall hold their offices for one year after their
election and ui.'il others shall be duly elected and (]UaIi-
fied ; anc] syid directors, or a majority of tin m, shall elect
one of their company to be their preMdent, and sh dl have
power to appoint all necessar} clerks and other otJicurs
and agents, anrl define their du'ies, and to make all neces-
aarj by-laws for tran<»acting and regulating the business of
said c tmpany and increasing the .subscription for said
stock.
n ^ ."•. .Said Corporation U hereby authorized, by their
■ gent<, surveyors and engineers, to cause such examination
and fturvey* of the ground between their said mines and a
point on the Central railroad, at or near Tonica, as may
be ne,;e^iary to deter/nine the mo«it advantageous route
for lh«* ronitruclioM of «»aid railro.'id, arnl is hereby invested
with all l!n! g>-neral and npicial powers conferred upon
railroad <;orpor4tion<i by the twenty-first section of the act
entitled *'An act to provide for a general system of rail-
road incorporations," approved November 6, 18-1.', and

827 1867.

shall also have authority to purchase, take, hold and con-
demn real estate in the niaiiner specified Uy said act tor
the use of said railroad ; and the stoek ot" said company
shall be df en>eu ])ersonaI estate and be transferable in the
manner prescribed by the by laws of said company ; and in
the election of directors and transaction of the business of
said company, the stockholders shall be entitled to one
vote for each share of stock~which they may respectively
own.

■^ 4. The main shaft of said company shall be sunk
within on# mile from the northeast corner of section eleven
(11,) township thirty-one (•»!) north, of raneje two (2)
east of o P. ^I., in La Salle county, state of Illinois, and in
no case shall the lengtli of said road exceed seven miles.

§ o. This act shall be in iorce from and after its pas-
sage.

Approved Feb. 14, 1857.

AN ACT to incorporate the Petersburg and Waverly Railroad Company. Feb. 16, 1867.

Section 1. Be it enacted by the peo])le of the state of
Illinois, rc/tresejifcd in the General Jiasnnhltj , That Peter
Cartwrii^lit, Jacob Epier, James N. Brown, John Lee,
Sidney S. Duncan, M. F. Woods, W. VV. Hilton, J. R. Har-
ris, J. RL M^tcalf Isaiah Tuiney and John Chapmnn, and
their associates, successors and assigns, are hereby created
a body corporate and politic, under the name and st>le of
''The PetersburiT and Waverly Railroad Crunpany," with Nam* aad «iy:e.
perpetual succession ; and by that name be and they are
hereby made capable in law and in equity to fue and be
sued, plead and be impleaded, defend and be defended, in
any court of law and equity in this state, or in any other
])laee ; to make, have and use a common seal, and the
same to reuew and alter at pleasure ; and >'hall be and are
hereby vested with all powers, privileg>^s and immu-
nities 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 em-
powered to locate and construct and finally complete a
railroaii from the town of Petersburg, in tlie county of Location of ro«d.
Menard, to the town of Pleasant Plains; thence to the
town of New Berlin, in the county of Sangamon ; thence
to tiie town of Waverly, in the county ol Morgan, and
thence to a point intersecting the Chicago, Alton and
Saint Louis railroad, to be determined upon by said com-
pany. And for thi^ purpose said company are author-
ized, upon the most eligible and proper route, to lay out

1857.

628

•ad tmrrer*.

saiil railroad wide enough for a single or double track,
through the whole length; and may enti-r upon and \»ke
a strip of land, not excetduig one liui drcd I'eet in width;
and lor the purpose of <Miliings, emb.n knunts, procuring
stone ami wood, may take as much hind as may be neces-
sary for the proper constructi( n of and security of said
road.
I oieapi- ^ '2. The capital stock of said company shall consist of
five hun<'red thotisand dolhrs, and may be increased to
one milli >i» and five hundred thousand didlars, to be divi-
ded into siiares of one hundred dollars eath. TJlie imme-
diate gt>\«'rnmpnt and dirertion of said company shall bo
vested in five directors, who shall be cliosen by the stock-
holders of said company, in the manner hereinafter pro-
vided, wliit shall hold their office for our year alter their
election a;,d until their successors shall liave been chosen
and qualified, a majority of whom shall constitute a quo-
rum for tlie transaction of business ; that said board of
directors «hall have power to choose a president of said
company, irom the said board, and power to appoint all
necessarv clerks, and secretaries and otiier officers neces-
sary in ti ■' transaction of the business of said corporation.

§ 3. The said corporation is hereby authorized, by
their ageiit*!, surveyors and engineers, to cause such ex-
aminatici - and surveys to be made of the ground and
country In 'ween the points herein named as shall be neces-
sary to (i- termine the most advantageous route for the
proper liii. or courst> wh» reon to construct said railroad ;
and it sh;'ll be lawful (or said company to enter ujion and
take possession of and t.se all su<.h lands and real tstate
as may b • necessary for the construction and maintenance
of said railroad: Proviicd^ that all lands and real estate
entered iipon and taken possession ot ai d used by said
corporati j:i, for the j'urj) .scs and accommodation of said
railroad, or upon which t!ic site of said railroad shall have
been located or determined by the said corporation, shall
be paid for by said company, in damages, if any be s\is-
tained by the owM'-r or owners thererjf by the use of the
same for liie purposes of said railroad ; .md all lands
Mitered up"n and taken for t';e use of said corporation,
which are not donated to said company, shall be obtained
and I>aid for ia the manner ptuvided lor taking lands for
the cotifltruelion of public ro. Is, canals and other public
works, a«c deirribed in the art concerning right of way,
ap;Tovrd June twenty>secoi.d,une thousand eight hundred
and fifty-two.

k '!• If anv person shall wiilfally, maliciously or wan-

^^. tonly and romrary to law ob«iruct the passage of any ear

on Slid railroad, or any loroinotivc or engine, or any |)art

there »f, or an) thing belonging thfrfto, r)r shall damage,

break or destroy any part of said railroad or imi)letnentl

829 1857.

or builclinpfs, lie, she or tliey or any person assisting, shall
forfeit and pay to said company, for e\ery such offence,
treble the amount of damages that shall ))«• jtroven before
competent courts to have been sustained, ind be sued for
in the name and on behalf of said compan} ; and such
offender or offenders shall be deemed guilty of misde-
meanor, and shall be liable to indictment in the same man-
ner as other indictments are found, in any ( ounty or
counties where such offence shall have been committed;
and upon conviction every such ofTmder shall be liable to
a fine, not exceedin*^ five thousand dollars, for the use of
the county where such indictment may be found.

§ 5. The time of holding the annual meeting' of said Annu.imcctirg*
company, for the election of directors, shall be fixed and
determined by the by-laws of s.iid company; ,nul at all
such meetings each stockholder shall be entitled to a vote,
in person or by lawful proxy, one vote for each share of
stock he, she or they may, bona fide, hold in said com-
pany.

S G. The i)ersons named in the first section of this act sabicnption or

* I stock .

are hereby appoint d commissioners, who, or a mnjority
of whom, are hereby authorized to open subscription books
for said stock, at sucii places as they may deem proper.
Said commissioners sIkiII require each subscriber to pay
five dollars on each share subscribed, at the time of sub-
scribing ; and whenever one hundred thousand dollars
shall have been subscribed the said commissioners <:hall
call a meeting oi the stockholders, by giving thirty days'
notice in some newpaper printed in the county of Sanga-
mon ; and at such meeting it shall be lawful to elect di-
rectors of said company; and when the directors of said
company are chosen said commissioners shall deliver said
subscription books, with sums of money received by
them as commissioners, to said directors. No person
shall be a director in said com})any unless he shall own at
least five shares of the capital stock.

§ 7. The right of way and the real estate purchased Risbtofway.
for the right of way by said company, whether by mutual
agreement or otherwise, or which shall become the pro-
perty of the company by operation of law, as in this act
provided, shall, upon the paynnent of the amount of money
belonging t'^ the owner or owners of said land, as a com-
pensation for the same, become the property of tht; said
company, in fee simple.

^^ S. Said company may take and transport upon said Ariieie»oftr»ii*.
railroad any persons or merchandize or other prop'-rty, by ■"""""
the force and power of steam or animals, and may fix,
establish and receive such rates of toll for j»1I passengers
and property transported upon the same as the directors
iliall from time to time establish ; and the directors are

poriaUun.

1«5T. 8S0

hereby authorizeil to make all ruU'S or rt'orulations, by-
laws hihI ordiuhiioes as may be necessary ti aiitunplish
Ibe ilesiijns aiul ti> cany into eri\'ct all |)ri)visii>ii< of this
act and tor tbo transttr and assignment ot its stock, which
is hereby declared personal property and transferable in
such manner as shall be providetl lor in the b) laws and
ordinances of said corporation.
r*wr* t.' •»- ^ \K The diieciors of said company, after tli»> same is
****** ori^anized, shall have power to open books in the manner

prescribed in the sixth section ')( this act, and to fill up
the additional one million of dollars of stock, or any ]>art
thereof, at such times as they may deem it for the interest
of sail! c >mpany ; and all instalhniiits required t.> he ])aid
sliall be |iaul at such times and in tiie manner as such di-
rectors may prescribi-.
T»tM»eif* 10 ^ I**. lu case ot the death, resignation or removal of
"•*•• the president, vice president or any director at any time

betwven the annual elections, such vacancies may be filled
for the remainder of the year by the board of directors;
an I, in case of the absence of the president or vi'^e presi-
dent, the board of directors nny appoint a joesiilent, pro
/enifiore^ who shall have and exercise such powers as the
by -laws of said corporation may provide. In case it should
at any time happen that an election shall not be held on
any day on which, in pursuance of this act, it out to be
held, said corporation shall not for that cause be deemed
dissolved, but such election shall be held at any other
time dirt cti-d by the by-laws of said corporation.
%itMtw»r IB § 11. When the lands ot anyyi'//i//<p coffW, person under
■P«cifticM«t. %^e^ uun comjiuf vientit or out ot this state shall be taken
in the construction of said railroad, as i>.' provided in this
act, the said corporation shall pay the amount that shall
be awarded as due to the said last mi-ntinncd owners, rc-
|ipecti\ el) , wlu-never the same shall he lawfully demanded.
1 lial to aici-rtain the amount to be paid to the persons
named in thin section for the lands takt-n tor the use of said
corporation, it shall br the dut) of the jud^c of the judicial
circuit widiiu which said land may be situated, upon notice
given to liim by said corporation, to appoint thite com-
nii<i4ioii»Tii, not interestfd in the matt* r, to determine the
d«mai;r9 which tliH oMiier or owners of sail property so
entered upon bj^faid corporation has or have sustained by
the oeciipaiion (d the sami* ; and it shall be the duty of
Kdi I comuiiH<«i(iners, or a majority of them, to «leliver to
ftaid corporation a written statement of the award or
aw^nN tiicy Hhall make, with a de<)criptir)n ot the properly
kp|>rai!«ed, to be ri:i:(jrd>d by said corporation in the ciicuit
clerkN otficu in the county in which the land or real estate
fo appr4i««-d atciM )j|., and tlo-n, upon c.ompl)in|» with said
uwardfSaid corporation shall 6e deemed seized oi all sucli

831 185T.

lands or real estate as sliall have been appraised by said
cominissioners.

§ 1 J. That wlu'nevrrit shnll be necessary, for the con- croMinff.
struction nf sai»' lailmacJ, to ii.tersect or cross any w ater-
couree, road or hij^hway, it shall be lawful tor the coipo-
ration to construct their railroad across the same : I'ro-
viditiy thjit the corporation shall restore the water course,
road or highway, atoresaid, to its former state, in a man-
ner lint to have injured its usefiilnes?.

5 1:'). Said coHipauy is hereby authorized, from time to Poworto iK.rrcw

. . ^ I , -^ ,. I luoiie; and m-

tinie, to borrow such sum or sums ot money as may be ^uebomii..
necessary for completing and finishing or operating said
railroad, and to issue and dispose of their bonds, in sums
not le«s than five hundred dtiilars, bearing a rate of inte-
rest not exceeding — percent, per annum, for any amount
so borrowed, and to mortgage the corj)orate property and
franciiises or convey the same by deed of trust, to secure
the pa>ment of any debt contracted by said company, for
the purposes aforesaid. And the directors of said com-
pany may confer on any boji Jholder of any bond issued for
money borrowed as aforesaid, the right to convert the
principal due or owing thereon into stocks of said compa-
ny, at any time not exceeding ten years from the date of
the bond, under such regulati ns as the directors of said
company may see fit to ado|)t ; and all sales of such bonds
that may be made at less than their par value shall be
good and valid and binding upon .'aid coi potation as if
said bonds had been sold for the full amount thereof.

§ 14. Said company shall have power to unite its rail-
ro3d witli that of any oth«^r company at any of the points
heretofore named, and forthat purpose full power is hereby
granted to said company to make and execute such con-
tracts as may be necessary to accomplish such purpose.

§ 1"). This act shall take effect and be in force from
and after its passage.

Approved Feb. 10,1857.

AN ACT to change Marahall Academy to MarflliAll College. ft . le/t^a?.

Section 1. H^ it enacted by the people of the state of
P/in ii;, re/)rr<}ent>'(/ in the Genenil t^isseni'iti/. That Jus-
tin II irlan, William B. Archer, Jonathan R Greennugh,
llemiiig R. Payne, John Stockw II, Jame<5 Piaster, Jauies
McCahe, Joseph Lane, William Calvert. Isachar H Aldrich,
Levi Overmire, Lewis W. Bradley, Uri Maul), John Kngli^li,
Robert Brown and Noble Wood, and their successitr!*, be
and tliey are created a body politic and corporate, by the

tritLtf" povtr*

1S5T. S3 2

■'• name and style of " Marslinll College;" to remain and

lm\e perpetual stiooession ; ami l>y tliat Jiaiue ami style
may sue anil be sueiJ, plead and be impleaded, in all courts
a«ui places wliat^oever; they shall luivo power to adopt
and use a coininon seal, and to alter the same at pleasure.
Tiie said trustees, and tlieir successors, sliall have and
exercise all the powers and duties conferrtd on the trus-
tees of Marshall Acadeniy, and such other powers ;h shall
be conferred by this act. Said college shall be and re-
main an institution for the education of both males and
females.

'2. Said trustees, and their successors, shall have
power to purchase and receive conveyances lor nil neces-
sary real estate for the use ol said college, and to sell and
convej the same, wiien it shall be det-med necessary so to
do, and to purchase, hold and use all sueh personal pro*
perty as may be necessary for the use nf said college ; and
to make, alter and amend all such by laws for the govern-
ment and regulation of said college as may be deemed
necessary and prop, r to enforce good order, the advance-
ment of learning and the general welfare of said college,
not inconsistent with the constitution and laws of this
state.
oa:«-* of inird § 3. Said trustees, and their successors, may elect
one of their number president ot the board, another as
treasurer, and another as secretary thereof. The treas-
urer and secretary shal' give such bond and security as
the by-laws may re(juire, for the faithful performance of
the dulii's required or to be required of them ; which l)onds
shall be filed and preserve<l by the secretary and entered
at large iti the journal of Srtiil eollege. Said treasurer shall
k«'»*p and preservi- a w»'ll bound book, in which he shall
ent«-r all receipl-» of money or means, and the sources
frnin which received, ami, also, all payments or expendi-
tnren by him madtf, and for what purpose. Said secretary
shtll keep a well bound book, in which he shall note all
the int'etiiigH of the board of triH ees and the members
witn Mttf'tided said m*-i'tiiig, and shall record all the by-
laws and the repeal or amendments thereof, at the time of
r aii'ii^e, ffpeal or ami-n(im>-nl, and also, all the proceed-
Itigfl of said board. The books of tlie secretary and trea-
•iiftT iiball be op«n at all times to the inspection of tho
tfu«(«*eH or any member thereof.

;; I. .Any jieven of «iiid trustees shall constitute a quo-
rum to do bu4ine.M4, Hiid a majority of those jiresent shall
vole for any measure to adopt it. In the absence of
thr president or secretary, any other member miy be call-
ed to act, pro /cm., in hi)i place, and the same shall he
Doted on the joiirniil.

«t trMl««*.

888 1807.

§ 5. A majority of Kriid trustees sliall always resi<le in
the city of Mdrshull. They shall have power to remove
their president, secretary, treasurer, any member of the
board, officer or i^gent, for pood cause, to be slated on
their journal, and, also, to fill all vacancies which may
happen, from any cause whatever, in their ortictrs, agents
or members. If at any time a quorum cannot be procured
to attend, those present shall have power to fill vacancies
until a (juorum is formed.

^ <>. The said college shall be under the patronage of pn»ron»sp, <t
the Illinois Annual Conference of the Methodist Epi-copal i^iui,..""""''*
Church, which shall have the priv ilege of appointing u
visiting committee, consisting of eight members, the presi-
ding elder of the district in which the college is located
being one of said committee, to be aj)pointed by the con-
ference including said college; which said committee
shall have a seat and a right to vote with the board of
trastees, in the transaction of any business in relation to
said college.

§ T. Any conference that may wish to take an interest
in said college, either in this stale or the adjoining states,
belonging to the iMetl»odis«: Episcopal Church, may ap-
point visiting committees, to consist of not more than
eight members; which may meet with the trustees of said
college at any of their meetings and take part in the pro-
ceedings, with the same rights and j)owers as the visiting
committee named in the preceding section of this act.

^ 8. All gifts, grants, donations and btrpiests, of any D^uttioni.
monies or property, real or personal, to said college, or
the said trustees of said college, or to any person or per-
sons, fur the use of said college, shall be valid and bind-
ing; and suits may be brought and maintained for the re-
covery of the same in any court or place having jurisdic-
tion thereof; and the said trustees shall have power to
sell and convey any or all of the said property, whenever,
in their opinion, the interest of said college shall re-
quire it.

,^ 0. The trustees shall have power to prescribe the -cotinie ft »-
course ot studies in said college and in such preparatory
departments as they may attach thereto, and prescribe
the rate of tuition therein ; they shall, also, have power to
employ such professors and teachers, officers and agents,
as may be deemed necessary, and fix their compensation
and prescribe their duties, and for good cause, to be en-
tered on their journal, may remove any sucli professor,
teacher, officer or agent. Said trustees shall also have
power to put in operation a system of manual labor, for
both males andjfemales. Whenever the wants of the insti- ,

tution may require it the trustees shall have power to en-

—75

1867. Po4

Urge or niter or enlarge tlie present building or to add
oiluT buildings, lor the accoiumodation of otlicers and
Q3«!i*r»vc-« «* students.
'J' " J; 10. Said collr<:;c nnd all its dfpnrtnnnts sliall be open

to hH d« lu.niinations of cliiistiuns, j\nd the prolVssion o'i
any religious taith shall not be requiicd ot those wlio be-
come students. All persons, howevor, v^hclher teachers,
professors, ofncers, agents or sluJtnt-?, may bi; suspended
or expelled fi<>m said college, whose habits arc idle or
vicious or whose moral character i^ had.

^ 11. In all writs against said college the summons
shail bo served by leaving a certifi' d copy of the same
with the president or secretary, if in the circuit court,
twenty days, and if in the county court or befofe a justice
of the peace, ten clajs, before the return day thereof.

§ 1:^. Tlie propert), real and jietsonal, of said college,
shall be exempt from any taxation or assessment, for state,
county, township, road, city or school purposes, while
owned and occupied by the college tor college and school
purposes.

§ l:'. Scholarshijis in said college shall be assignable
and transferaolf , in such munner us shall be j)rescribcd in
tlie by-laws ot said institution.
rrartAK* B«H- § ^^* The meetings of said tru<5tces shall bo held
'•*•• willun the linuts of the city of Marsluill, and shall be Iield

at such times and places therein as shall be Axed in their
by-laws.

§ lo. The said college, or the trustees, or any other
person or persons, for the use and benefit of said college,
fchall be capable of receiving, holding, using and aj)propri-
ating all such endowments as may bf made thereto from
any person or persons, eor|>orations or sourct^ whatsoever.

^ !•>. This act to take illrct and hi; in force liom and
after its passage, U'ld shall he construed liberally in »11
courts and pla< e«i : and in the judgment of this general
as^erohly th<: oij* eis of (his incorporation cannot he attain-
ed under any gtneral law of this htate, aUil is hereby de-
clared to *)•• H public act.

ArrauvKD Feb. 10, 1857.

r«. t«, ivi.^ AN ACT i- > .-. 1 an pel rrflMnl "An net to IncorjiorAtc the Knox

Manual La'ior Collc^^o."

SccTioN 1. ///! it rnacfcd /iij the people nj ilip :tate oj
i//inot»y rcprritru/e</ in tin- Cijirral ^^ssnnlifi/^ That the
namr of '• The Knox .Manual J. >h..r College," in the town
of Galcfburg, be and the fame ii hereby chang< d to ''Knox

835 1857.

College;" and all the lands, property, privileges, powers, Kame ch»ofcd.
rights and francliises of said Kfi<»x Manual Labor Ccdit-go
arc hereby transtVrred lo and vested in Knox College j
and the presidtMit, trustees, professors and other officers
and agents of said Knox Manual Labor College shall con-
tinue and be tlie lilce officers and agents, wiili the like
powers and duties in said Knox College.

§ '2. Tiie board of tru.«Jtees of said Knox College shall Pmio* dep«rt-
have power to establish a female oollegiat'J department of
said college, to be called "The Female Collegiate De-
partment of Kuox College," for the udacation and jnstruc-
tion of females. It shall be the duty of said board to pro-
vide sufficient funds to i)ay for, complete and lurnish the
building for said department, now in progress of erection,
on the nortli side of the college square, in said town ot
Galesburg, and shall set apart, for llie benefit of said de-
partment, of the funds derived from the lands donated by
Charles Phelps, of Cincinnati, to said college, nut exceed-
ing twenty thousaml dollar.?, of which rilteeii thousand
dollars shall be invested, in the manner hereinafter men-
tioned, for the endowment a:ui impport t»f a jjrofessorship
of mathematics and natural philosophy in said depart-
ment.

§ d. It shall he the duty of the board r)f trustees, as Kniuwmoni
soon as funds shall come into the treasury of the college, p'^*"*^*"'^'-
not wanted for the present engagements of the same or
for completing the buildings now in progress, to set apart
twenty thousand dollars as an endowment for the presi-
dency of said college, and fifteen thousand dollars, each,
for the endowment therein of the j)rofessorsIiips of moral
philosopliy and belles letters, the professorship of natural
science, and the professorship of modern languages, which
shall n(ner he used or apj)lied for any other use or purpose
whatever: Proviilcd, /iry/ret-er, that the board of trustees sliall
always have power to fix the amount Oi the salareis of said
president and all of the professors and other officei^; ar.d
agents of said college; and any surpluis from the endowii!: uts
by this act provided, after pajment of the salaries oi said
president and professors, may h» anpropria c] Ly the
board as other funds of the college.

§ 4. Said funds, including that for the cndowm-'nt of a
y>rofes3orsliip of mathematics and natural i)hilo^ j;>hy, in 'i'i!rr™rB«bI
l!ie female collegiate department, shall be louned'out on <""•''<'»•
real estate security only, of the double the .alue ot the
amount loaned, without estimating buildings or other per-
iihable improvement", and on lands to wUnh the titli- is
understood to be perfect, at a rate of interest not exceed-
ing twelve per -eiit. ])er annum, payable annually, in ad-
vance, at any time, whether the debt be due or not. If
in the opinion of the board of trustees, or oihcr executive

1S67. 830

committee thereof, the Focujity is in insutficirnt, the) may
require aJdiiional security or the iuiniediate |>rt}nuiit of
the principal niul interest of said debt.

§ .'). Ii shall be the duty of said board to cause five
un^!j,mpf^i»- thousand dollars to be h>aned out as afnresbid and nt the
** same rate of interest, the interest of which shall be appro-

priated, annually, to the increase of the library and appa-
ratus of the coll* i;e.

§ 1>. It shall he the duty of said hoard, as soon as the
p-.i>, pjio M*. fn"*'^ are not wanted fur the purposes aforesaid, to pro-
<rm. te^ux- Vide Slid pause to be loaned out, in the manner above
provided fur, fifteen thousand dollars, for the endowment
of the j'rincipal of the ncademic department of said col-
lege, subject to the Bame conditi.n as provided for in sala-
ries of the president aiid profcsMMs' in st'ction three.

§ 7. The board of trustees sinll, in their discretion,
^„ have full power to sell any land or other property of said
Knox Colleg«>, or of the female collesriate department
thereot*, or which may htreaitt r be vested in said college
or departnuMit, as ilic interests of said college or dejiart-
ment may from time to time require, and make sufficient
and necessary conveyances for liie same, or they may re-
tain all or any of said lands or other property, according
to their own discir-tion and pleasure, anci lea^e, rent, use
or occupy the sani»-. for tin* uses and purposes of said col-
lege und department, any law to the contrary notwith-
standing.

• /;/•/ A« it further tnacletly That all laws conflicting with
■ ny of the provi>icns hereof be atui they are hereby re-
pealed.

ArraovKD Feb. H>, lHf>7.

lADdi^, lie

r**. i«. Mr. AN ACT to ineorporate ''Tti* Do Soto White T.rad Manuracturini;

('oinpany.

SrCTION 1. Hi it I'tiiirliit 111/ till' jirojilc of tlir state of
lUtiiiilAy represeiitril ill tfie (!i iirrtil Jtssimlilij , 'J'hnt L. C
MrKmr.ey, M. Y. Johmon, llinry T. lilow, Amas.i (yobb,
K. I), llolton and all nueli persons \\n shall become Hubscri-
befi to the Jitock lurraflrr described, «hall he and they
•r«» hereby consolidated and declari-d a body jolitie. and
1itm*^i0lU. Corp'^rnte, by the name and fityle of " Tlie I)e Soto White
L*rBd Mmiularturing Company," from and after the pas-
ftge of (hit act; and by that name they and their succei-

837 1857.

sors s!i 11 h:ivft succession, and shall in law be capabl*; of
suing and being ''ued, pleading and being impleaded >n nil
courts and places wiiatsoever ; may have a common seal,
alter and chan-^e the saiiio at pleasure ; and thej and their
successors may also, by that name and stjle, he capable in
law of contracting and hiing contracted with, of purcha-
sing, holding and conveying away real and personal estate
for the purpose and use of said corporation, as hereinafter
limited.

^» '2. The president and directors of said company here-
inafter provided fur, sliall have power and are hereby
autiiorized to carry on the manufacture of white lead and
all other branches of business incident or belonj^ing there-
to; to erect milU, machines, works and srich other buihl-
ings as may be necessary to carry on their business, and
enter into all contracts which may concern the use and
management of the property, alK.urs and interests of the
said company.

§ 3. The capital stock of said company shall be two cai.itBi »tock.
hundred thousand dollars, divided into shares of one hun-
dred d()llars each ; and the capital stock may hereafter be
increased to five hundred thousand dollars, to be expended
in the business of this c()r()oration.

6 4. In order to facilitate the business of said corpora- Loatis of motic
tion or company, they shill be authorized to negotiate a
loan or loan^ of money to the amount of its capital stock,
and to pledge all its property, real and personal, and all its
rights, credits and franchises for the j);\yment there<if.

§ 5. That for the purpose of carrying into eftVct the
object of this corporation, any two of the pers()ns named
in the first section of this act shall have power and they
arc hereby authorized to obtain subscriptions to the capital snb»cnpuon.
stock of said company, at such times and places as ihey
may deem expedient. The principal otfice of business of on^w.
the said corporation shall be in the city of Galena, and the
affairs of said company shall be under the direction of
three of the members of this corporation, a majority of whom
shall have full power to conduct all the necessary business
required to t'urther the objects of this incorporation. Tiie
organ* i^ation of this company shall take place at anj time
when ten days' notice shall have been given in a newspa-
per printed in the city ol Galena, stating the time and place
at wliich such meeting will be held and its objects.

§ •'. That at said meeting the stockholders shall pro- rir^ctors.
ceed to elect three directors, who shall manage, direct and
govern the affairs of said company from the j)eriod of said
election and until their successors, who shall be vested
with the same authority, are elected.

§ 7. And that at said elections ear h stockholder shall itxkiioiJcre.
be entitled to give one vote for each share of stock he may

e«^ute»f* of la-

1S57. 838

hold ; and a majority of all votts givt n shall be required
to make an election; each shareholder may vote in person
or by proxy.

§ S. The first election shall be held on the first Mon-
day <»f ATay, 18"»T, and M. Y. Johnson, L. C Melvt nney
and Henry T. IJlow, or a niHJority of them, shall oi<;anize
Siiid eonij)a)>y, and they, with the stockholders, shall pro-
ct-ed t.» elect a president, five directors, secretary and
treasurer of said company, who shall be the oflioers of said
company for the term of one year, or until their successors
are elected and tjualified, and said directors shall appoint
such other otiicers and agents as to them may seem ne-
cessary.

§ i^. That the said president and directors may authorize
the issue of certificates of indebtedness, and s!iall have pow-
er, from time to time, to make all such by-laws, rults and
rtviulptions, not ineon>jistent with the constitution and laws
of this state or«»f the United States, which may be neces-
sary for the ppyment or collection of subscrij)tions to its
stock, and the transfer of the same, the conveyance of pro-
])f rty, the payment or collection of dues to or from said
company, or that in any other way concern the interests,
management or direction of the affairs of said company,
but nothint; in thi^ act shall be so construed as to authorize
said corapaiiy to do a banking business.

5 lU. Tliis act shall be in force from and after its pas-
sage, and shall be construed a j)ublic act in all courts of
record, and also in all courts of justice of the peace, and
shall be beneficially construed.

Approved Feb. 16, IS.JT.

r»k ti,itan. AN AC T to nrn^rnl An net enlltlrd •' An net to conilnict a railroad from
JftrkBoriirillr, in Morcan com.ly, tr> Lii .Sallo, in La Snlle cdiiiit),'' ap-
j'fortil F<l>rua>y II, IH.'iS ; aiid al*o to nincrid an act ciitiilctl, " An act
I • nrnrtdl an art «ii!itlfil 'an net to c>.niittuct a railroad from Jack-
•'•f.vi;>. It. MorKan county, to I.« Salle, in La Salle county,' -"' aj. proved
"I.ircli 1, |MM,

.Skction 1. JJi- it emu I r (I lij/ I he pcop/r aj the stdtr qj
//A/i//n, Tfjirrsruttd in fhr (it ncrtii .'/v.v/ ;/</////, That in case
" The Illinois Kiver Kailroad Comj>any" cannot obtain
Ihc title ;o the lands r« quired or needed for the light
of way, depot or station grounds, turn-outs, switches,
or other necessary uses or useful purp-se.v, in the locu-
lihg. building, keeping in repair and o|)erating of said
railroad, by purchase, contract or voluntary convey-
ance, tliin Raid company are Jiereby authorized to pro-
ceed to iiJcerlain and determine the damages sustained

839 1857.

by the owner or owners, occupier or occupiers of such
lands, and obtain the riglit an«l title to said lands in
the manner and upon the ])rinciples ])rovi(led and
contained in "An act to amend the law condemning
right of way for purposes of internal improvempnt," ap-
proved June '22, 1852, or in the manner and upon tlie
j)rinciples specified in the above recited acts or any act
amendatciry thereof, or in ihe manner and ujhjh the prin-
ciples provided and contained in any other act tliat may
have been or may hereafter be passed by the general as-
sembly of the state of Illinois, to enable railroad companies
to appropriate lands for the purposes aforesaid.

§ 2. The said comita; v i^ hereby authorized to receive siibTription to

1 • i* i ii -^ "i i I r *i 1.1 Moilttl flock.

subscriptions to tlie capital stock of the company, payable
at any time or in any manner that may be specially agreed
upon by the comjiany and the subscribers thereof; ami said
agreement may bear such interest as mcy be contracted for;
and for securing the payment of the same the said company
may take the bond or bonds of said subscriber or subscribers
and a mortgage or mortgages, deed or deeds of tru>t ii[)on
real estate. On a failure to pay any sum or sums of money
agreed to be paid as aforesaid, or the interest on the same,
as the same may accrue, the said company may foreclDse
such mortgage or mortgaj^es or sell and convey the said
real estate, agreeably to the provisions of said deed or deeds
of trust. The bonds or mortgages or deeds of trust herein
provided fur may be assigned or transferred by the said
company, and such assignment shall vest in the assignee
or assignees the legal title thereto,

§ o. All the acts and proceedings of the corporators LceaiiiMiou of
and also of the commissioners, and each of them named in named.'"'*''
the acts of which this is an amendment, or any of tliem, in
opening subscription books ai;d obtaining, authorizing the
obtaining or in receiving subscriptioris to the capital stock
of " The Illinois River Railroad Company," or otherwise,
whetlij-r such acts and proceedings were done and had by
any one or more of said corporators or commissioners, in
proper person, or by any other person or persons acting
by or under their authority, are hereby declared to be
legal, valid and binding in law, whether all the require-
ments of the arts to which this is an amendmenthave been
strictly complied witii or not.

5 4. The vote taken in the county of Cass, in the year 8n»""^!i'i ■" t
A. D. eighteen hundred and fitty-three, winch resulted in
favor of said county's subscribing fifty thousand <lollars to
the capital stock of "The Illinois River Railroad Compa-
ny," and also the subscription of fifty tliousand tlollars,
under and by virtue of said vote and to carry the same
into elTect, by J. A. Arenz, county judge of Cass county,
as agent, or agent and stockholder, or otheiwise, for and

1^57. S-IO

in belialf of saiil county, are hereby declared to Iiave been
lega.ly taken and made, and to be now valid nnd binding
upon the county — any technical or other I'oi mat defects in
said vote or subscription to tht- c. ntrary nolwithstanding.
And the county court of Cass county are hereby autliorized
and required to i.^sue county bonds for said fifty thousand
duilars, and deliver the same to the said company, at the
time or times and in the manner and upon tlie principles
of the general laws of this state relating to subscriptions
by counli«'S to the capital stock of railroiul companies.

^ c). Tiie provisions of an act, entitled "An act sup-
plemental to nn act entitled 'an act to provide for a
general pystrm of railroad incorporations,' " a])proved
November (>, 1S40, and also of " An act to facilitate the
construction of railroads," approved March 1st, IS")!, are
hereby declared and made applicable to each and every
town now incorporateil or that may hereafter be incorpo-
rated, fiituated at either end or on the line of the Illinois
River Railroad or within one nule thereof, as the same has
b^en heretofore surveyed, (to wit : in the year A. D. 186G,
by W. Ci. Wiieaton, en^in* t r, ) or Inay hereafter be loca-
ted ; and the corporate autlu)ritie3 uf ai y such town may
order an election i>r elections to be held in such town by
the Kpal voters thereof upon the question whether the

tp. town, in its corporate capacity, will or will not subscribe
to the capital stock of "The Illinois River Railroad Com-
pany," an) <um not excf edinj^ fifty tliousar.d dollars. And
io ca-e any such election shall be held, the same sliall be
conducted as othrr town elections. And if any such elec-
tion slih.l result in ftvor of making such sub9cription all
the pro\ i-ions ot the two acts recited in this section, and
also of all other general laws relating to subscriptions by
counties to the capital sN)ck of railroad ccmpanies, and also
all ifie provi-jicns of " An act to amend tlie charter of tho
lilinoi.^ llivf r Railroad Comjtany," parsed at the present
session of the general as«emt)ly, so far as said act relates
to requiring counties and cities to provi<le, by taxation or
otheiwise, for the payment of interest on county or city
bondy, nhall tipply ti) and govern |he cori)orate authorities
of ^uclt toun in making such subscription, and in all
the sub<iequ<jil proceedings rel iting thereto; and tho
righti of fueli fowrf against said company shall be the
same, with the like remedies to fnforc«* .such rights, as the
rights and remedies of counties in cases of county sub-
scription*.

*4 5 ♦> The said company may, if they deem it advisable,
locate, conitru't, finally cofnpletc and operate said road,
or ai.-. tirt or parts thereof, by or in divisions of such
len with <uch names or number!" as may, by order

of i.i- ' «ni of directorn, bo determined upon; and the

841 1857.

Loan! sliall have ]io\ver, in their ♦liTrelion, to order tliat
all the siibscrIj)lio)is ol" |)t'rsons living iuljacenl to 8i-y of
such tllvijiions, or made S})ecial!y to aid in the conslruc-
tion of any of such divisions, shhil be ;ipj)lied excluMvel) to
the construction "f such div sion or divisions. And the
board of directors shall also have power to order tlifit no
otliL-r subscription shall be expended on any of such divi-
sions other than sucii as may be specified in any order of
th^ board, made as above named ; in which case such or-
der shall be in full force until repealed or modified ; and no
oth» T subi^criptions ( r moneys of the company shall be ex-
pended or be liable to be expeded, fin the division or divi-
sions named in such crder so long as such ordv r shall be
unrepealed or unirodified : Provided^ that in case there snrpitw vth-
should be a surplus of the Bubsciiptions directed by any •<^^'p*'"»-
Fucli order to be expended on any suuh di'-isions left after
completing the grading, tieing and bridging of such divi-
sion or divisions, then such surplus may be expended on
some other part of tli? road.

§ 7. This act shall have all the force and effect of a
public act, and shall take effect and be in force from and
aftt-r its passage.

Approved Feb. IC, 1857.

AN ACT to incorporate the Hennepin Union Hall. Fob. l«, I967.

Si CTION 1. J3e it enacted hy the people of the state of
Illiidis, repreaeni'rd in the General %^s:!i(jnhlij^ That J. F.
Graolo, J. S. Simpson, J. G. Ross, Guy Dent and Wil.
Roxendale, are hereby constituted a body corporate and
politic, by the name and style of "The Hennepin Union stj-...
Hall j" and by that name they are and their successors
shall have succession, and shall, in lav/, be capable of
suing and being sued, in all courts oi law and equity
whatsoever; and by the name and style be capable of
purchasing and receiving, by gift or otherwise, holding
and conveying real estate, far the benefit of said corpo-
ration : Provided^ that snid corporation shall not at any pn)r«rty u> k
one time hold property to an amount exceeding twenty ^*'''-
thousand dollars.

§2. Said hall is siiiiated in the town of Hennepin,
Putnam county, Illinoi-', situated on lot one and block
two, on IVont street, in said town.

§ 13. The said hall is to bo used as a masonic hal! and
other purposes, as the j..!:d trustees may direct.

§ 4. Said trustees sh II have power to borrow money
and secure the payment by mortgage or otherwise.

IdoT. 812

^' 6. Stock of saiil oompauy shall consist ot (^25)
twenty-five dollars eacli, and shall be deemed personal
property, ;ind shall be traiistVrable, by assii^nmont of cer-
tifioste, on llie books of said corporation, as the board of
trustees may direct.

§ r>. Said corporation shall have power to make such
by-laws and regulations as may be deemed necessary for
the government of their concern-?, not inconsistent with
the constitution and laws of this state.

Approved Feb. li), lSo7.

r*. li, IWT. A.N ACT to eitablish a ferrv across the KnskHsWia ii\er, ut Athens,

Saint Clair county, lllino.s.

Sectiox 1. Be it enacted ht/ ffic people of the. state oj
Itliuoi-iy represented in the Genera' ^^sscmlfi/, That Wil-
vmtxh w UB« liam II. Bennett, his heirs and a<:^igns, he and they are
'^'*'** hereby autjjorizfd and empowered to maintain and kce])

a ferry, for and during tlie term of twenty ynrs, from and
after t!ie passage of tfiis act, across the Kaskaskia river,
:it or near the town of Athens, in the county of Saint Clair,
and state of Illinois.
fmrt bMt. § J. The said William II. Bennett, hi" heirs and assign",

shall at all time.* keep a good and snfHcient ferry boat,
with such other boats us may be necessary for the speedy
and safe conveyance or transportation of persons, teams,
horses, cattle and other animaN, a« well as goods und
fff-'ts, belonging to jiassmgers ; and shall furnish said
L>j»t3 with men with suitable strength and .skill to inrinage
t^rm ; and shall be authorized to chaige and receive tne
following rates of ferriage, viz:

%0»»»^tmi»€» For each one horse wagon or cart, 10 cents.

«« «' two •* '• " l.'j "

*' " thrco *' " " -" '•

«« «« four «' ♦* •' lift *'

*' «♦ five or «ix •♦ •' i5'» "

•• " man and hone, 10 *'

" *' head of lotfse horses or cat'le, r> **

'• " hogs orshefp, "i **

" " footman, 5 "

and double the above rates after dark in the evening or
before light in llij morning.
tu fcf ••»«/ 5 ^'- T''" '"''^ William II. Bennett, hii heirs or a-^sIgnSi
•*"»• fhall pay ii»lo the treasury of said coui.ty of Saint Clair,

such amount of tax :is may b'- imposed -ipon SHid icrry by
Ote couuty court of said county, not cxcccdinij twenty-

843 18^7.

five dollars ; and in tlie management and regulation of the
aforesaid ftiry shall be govemed by the ait to establish
ferries and toll bridges, 8|'|iroved March 3d, 18-15.

§ 4. Thr said Williuin II. Bennett, hiN' heirs and assigns, ''"^""xH"*.
shall have llu» exclusive j>ri\ ilege of laiiding the Faid ferry
boat or boa\^• at the said town of Athei.s, and on tiio op-
}>osite side ol said Kaska.-kia river, and for one mile above
and below the same, and that no license shall hereafter
be granted, tUiring said term, to any other person or per-
sons or body corporate, to keep or run a ferry and land
at said town or within said mile above and below said
town, on both sides of said river.

§ 6. The said William II. Bennett shall be entitled to
the benefits of the forty-second chapter of the Revised
Statutes, in regard to feuies and toll bridges ; and should
any person r r persons or body corjiorate, hereafter licensed
or without li ense, run and land ii ferry at said point in
last section m.-ntioned, the} shall be subject to and incur
the penalties and forfeitures given in said forty-second
chapter ; which may be recovered by sriid Bennett as there-
in provided : Pruvidtd^ 'he legislature may at any time
liereafter al^er or amend this charter whenever the pub-
lic good requires it.

§ 0. This net shall take effect and be in force from and
after its pas'a^e.

Approved Feb. 16, 1857.

AN ACT to iTiCorporate the Virginia Female Seminary of ProviiiCnce » b, ic, iSd?
Presbyieriaii Church, of Caoa county.

Section 1. Be if enacted by the people nf the stcte uf
IlliiiniSj represcnti'd in the General Jlsstinhly^ That James
White, A. G. Auoer. Geo. Wilson, R. B. Conn, J. N. White, xrniwcs.
John Rodgers, H. R. Lewis, Samuel McClure, William
Stephetison, A. T}.}lor, S. W. Neely, J. Van Eaton aid N.
B. Beers, and th^r successor?, are hereby created a body
])'>,itic and corjiorate, under the name and style )f "The Ntm« «ndst.i«.
Virginia Femait Seminary of the Providence Pr^^sbyteiian
Church ;" and t>y that name and style to remain and have
perpetual succ« ssion, witli power to contract and be con-
tracted with, .>ue and be surd, plead and be impleaded ;
to acquire, hold, use and convey j-roperty, real, personal
and mixed ; u e a common seal, arj'' to alter or change the
same nt pleasure; to make by-K.ws, for the g'^vernrneut
of the corporation, its olticers and agent?, and alter them

Tta».-iM.

I<i57. 844

•t pleasure : Prnt tJt'ify sucli by-l.iu*:? be not contrary to
the Iaws of the Uiiiteil States or of this .«tate.

^ -J. Tne oSject of this corpor.ition shall be th > vstab-
H.-thineut, siinport ami «;«u-er:iment of a seminary < f learn-
ins; for fem.iles, at Virginia, in the county of Cas>

^ T). The above namt-d pt>rson«, an<l their sn cessors,
s!»all be the trustees of said seminary, aiul they, r a ma-
jiirity of them, shall holti h meeting ut Virj^inia, on rr l)efore.
the tirst day of March next, and appoiiit out nf t eir own
number a president, secretary and treasurer of tic board;
and the president so elected shall divide tlie b -.ird into
three clasN'e«, as nearly equal in number as may he. inclu-
din£j himself; and the tiiue of service of those composing
the first das? sliall expire in two years, those composing
the second cla'^s in four years, and tlioso comjiosing the
third class in six year»", Irom said date; and suoU as are
appointed to fill vacancies, occasioned by deati:, ! e'^igna-
tion or otherwise, shall stand in the class of th tse whom
they succeed in the board, and their timeof servi«:e limited
accordingly.

J; 4. All vacancies w!iic!i sliall occur in the board, by
tlie expiration of term of service or otherwise, shall be
filled by the appiintment thereto of persons elected by the
•essioii of the Old Scln . 1 Presbyterian Church, culled the
Providence Church of the County of Cass: P mvidedi
hnufVir. if sairl session, after due notice of suc!i vacan-
cies, shall fail to make sicli appointments, the trustees in
otfi 'e may proceed to fill such vacancies; in whieli case
9K\c\\ appointments shall iiold as though made by siid ses-
sion.

J.'). The said trustees sh ill have power to < vqA all
necessary buihlings for ■'aid seminary, obtain titi in the
name of the corporation, to tln^ land on which tli. build-
ingi are to be erected ; appoint such instructor as the
institution mav require, nnd fix tlnir compensati' n ; em-
ploy agents, purchase hodks, maps, charls, philosophical
and chemical appar^tu ; estahli-li the prieo oi tuition, and
do all o'her act* usual ,\\ such corj)crations and ii' cnssary
for till; good of the institution.

§ •». The corporation may receive, by any mode of
conveyaTice or transfer, prnperty, real, personal or mixed,
hold and use the same, t ij:etlier with U'^. s, rents and jiro-
fit« tliTcof, for th«! u'u- ol the institution, subject to the
di<po<ition and control ofthe trustees : Protuhdylioinfvery
prop»rly or money donated to the institution, for a ^J»e-
cific purpose, shall, if accepted, bo applied t ) such pur-
pose.

§ 7. Tiie lot of land on which the buildings may be
rr«' Med, not rx^ej-djiig fv.'onty tifres, with the improve*
nend tliT.-on, ai: I all the personal property of tlio cor-

845 1857.

poration, shall be rxempt from taxation for any purpose
whatever.

§ 8. Any five inrmbers of the board shall con'^titute a qoohibi.
quuriun for business, except in tin- appointment or remo-
val ot ;:iiy instructoi, in which tht- concurrence ut" a inii-
jority ;■ the whule b(Mrd shall be HMpiired.

§ I' This act .sIimII be in f^rcf li om and after its pas-
sage, umI shall be taken and deemed to be a public act in
all coin'; and places.

Apiii ) CD Feb. 10, 1857.

AN ACT ;o incorporate the Presbyterian Theological Seminary of the peb. 16, 1867.

Nuithwest.

Wherea>^ i^ is represented to the general assembly of the
state ( f Illinois that the synods of Cincinnati, Wiscon-
8in, Iowa, Illinois, Northern Ii»diana, Chicago and Indi-
ana, of the Presbyterian Church in the United States
of America, did, respectively, on the sixth, the tenth,
the eleventh, the thirteenth, and the eigliteenth days of
October, in the year of cur Lord eighteen hundred and
fifty-six, adopt an instrumt nt, entitled "The Constitu-
tion of the Presbyterian Theolc^ical Seminary of the
Northwest," and have now a seminary for the profes-
sional edura ion of candidates for the christian ministry
established and in operation un>.ier the said constitution;
and wher^-a.- it is rej)resented that, in order to the more
convenient custody, management and disposal of the
funds and other property now possessed and which
shall hereafter be possessed, for the use of the said
seminary, by the synods aforesaid and other synods
which shall become unittil with them in the direction
and control of the said semin;uy, in coi formity to the
said constitution, it is necessary that there be constitu-
ted a board of trustees, which shall be a corporation or
body corporate and politic, in law and in fact; there-
fore,

Section 1. Be it enacted by the people of the state of
Illinois^ re])resejitrd in the G^ucvdl ^Issembli/^ That John
Wilson, Sduiiel Howe, R. J. Hamilton, R. W. Henry, A. B«,rd or tr«».
B. Newkirk, R. B. Mason, William Bailey, Warren Nor- *^-
ton and A J. Buel, who at prexnt constitute the board
of trustee.^ aforesaid in said ofli^M-, and their successors,
duly elected and appointed, in the manner hereinafter
provid. J, be an I they are hereby constituted and declared
a corporation or body corporate and politic, in law and in
fact, ai d to have continuance and perpetual succession,

1?57. S40

b}- the name and style of *'Tlir Trustees of the Presby-
teriHii Theolojiioal S- miliary of the Northwest."

Ks-i , „•.-*- § -• Tliat ihe said corporation shall be composed of
'•**• niiM* trii^'teesj of whom not less than five shall Se citizens

01 the state, of Illinois-; and the board of directors of the
seminary established under the said constitution shall
ha\ e power, at any nueting held in the state oi Illinois,
to •■hanire one-third of the wi.ole number ot trustees in
such manner as to llie said board of directors shall seem
proper, and to fill all vacancies which may then exist in
the board of trustees; and of every trustee, so appointed,
the proper credentials shall be a written certificate of his
appointment, 'jy the board of directors, authenticated by
tlie names of its })resident aiid secretary.

AMukuon. ^ o. Tliat before any trustee enter on the execution

of his office he shall subscribe, in a book k?pt for that
purpose, the following; engagement: "In the presence of
God, I do solemly promise tint I will faithfully execute
the office of a trustee of the Presbyterian Theological
Seminary ot the Northwest, under tlie. act to incorj)orate
the trustees tlieroof, and will support the constitution of
the seminary so long as I continue in this office."

E«ic« itn ir»f. § 4. That any five members of the said corporation,
beii.g met, for the first time, i/i conformity to this act, or
afterwards, in the manner hertindfter pi o vide d, shill be a
quorum, competent to transact it? business,

§ 3. That the said corporation shall have power to
make all rules and by-laws which may be necessary and
proper for the transaction of its business; it shall have
power, according to its own rubs and as shall seem to it
proper, to appoint a president, a vice presi>.'ent n id a
, secretary, out of its own members, and other offices or

agents, at its discretion, the times and tenures of their
offices respectively, the duties lirlonging to each, and
the pecuniary compensati(jn which ihey shall receive.

MMua««. § •'• That the first meeting of the said corporation

shall be held in the city ot Cliicago, at such time us any
five of the trustees named in this act, being asse.nhled
tof^ether, phall apjjoint; afterwards it shall meet at such
times and j)laces as it shall np] oint; and the pf-esident, or
in cue of hii abs«'nc« or inability or refusal or neglect to
act, the vice president, or if he fail the secretary shall
have power, end when re(|ne.' ted by any tliree trusties, it
fhall b« his duty to convene the corporation — of the *ime
and place of whicli special meeting the officer calling it
shall giv«- to eHpli trustee due notice, either by himself,
or My or hy •(r)rn« other person, or by a written note leli
at the dw< lliiig, or the ushhI place of h'lsiness of such
Iru'tee, or je.'ii [n him by mail, at least J'« ven days before
the time of such meeting.

8-47 18;

;j(

§ 7. That all questions before the said corporation Qupsiicnsof di«.
slidll be decided bj a majority of the members present at ' '
the timp; and on every such question each member shall •

have one vi)te, except the presid»'ntor other person, when
acting ds |)resident, who she^ll have only tlie castinj^ vote
in ease the votes of the other members shall be equally
divided.

§ 8. That the siid corporation shall have power to
make, have and use one common seal, with such device
and inscription as it shall appoint, and the same to break,
change or renew at its discretion.

§ 9. That the said corporation shall have power to xreasorer.
appoint a treasurer, who shall hold his office during the
pleasure of the corporation, whose duty it shall be, under
the direction of the corporation, to keep all books of
account, to have the custody of all such books of account,
securities of every kind, and other papers and docu-
ments relating to the finances, and of all funds, moneys,
and other pitij)crty, real and personal, except the build-
ings and giiiunds connected therewith, occupied by the
seminary, tlu; library und furniture of wliich, subject to
the dis^)osal of the corporation, the faculty shall have the
custody aiiti control, ai.d to present to the corporation
annually, and oftener, whenever required, a clear, full
and true report of the transactions of the current year,
or any part thereof, and of the whole state of the finan-
ces; he shall be the keeper of tiie seal, and shall have
the solf riwht to use it for the authentication of such
instruintMits as the corporation shall direct him thus to
autheiilicate; and shall execute to the corporation, when-
ever required, a bond or bonds, in such penal sum or
sums aud with such securities as the corporation shall
prescribe, for the fiitiiful execution of his office; and of
all s ich bonds and securities the president of the corpo-
ration shall have thn custody.

§ TO. That the said corporation, by the name and style sniu at law.
aforesaid, shall be capable and able in law to sue and be
sued, plead and be impleaded, in an)' court or courts of
law or of equity, before any judge or judges, in all and
all manner of suits, complaints, pleas, causes, matters
and dimand<5, of wliatsoever kind and form they may be;
and all things therein or in anywise relating, to do in as
full and effectual a manr.er as any person or persons or
any body ])olitic and corporate within the state may or
can do.

§ 11. That the said corporation is hereby expressly »octrine« u^kt.
prohibited from exerciring, in virtue f/om any jiower
derived from this act, any authority or control, in any
way whate\er, in respect to the doctrine or doctrines
taught, the course of instruction and study, or the gov-

r«A] MUie,

1S57. 848

ernin»»iit and discipline in the said soininary, or to the
appointment of proltssors or otiier instructors in the said
stininary, the ti nnre of their offices or the execution
thereof, or to llie pecuniary compensation which any
iiuch professor sliall receive, or t;ir> time or manner of its
pavment — all of whii h matters ami things shall remain
uuiler the exclusive powt-r and direction of the synods
aforesaid and such other synods :is shall become united
wiUi them therein in conformity to the provisions of the
constitution of the said seminary, .i<! the same now exists
or as it may liereafter exist by am« ndments provided for
t)y the said constitution, and of the. board of directors
of the said seminary, and, so far as il respects the
evecution of their own offices, to the professors of the
said seminary — the said directors being, in all things
ap|)ertaining to their own offices, subject to the conlrol
of said synods, and the professors amen >ble to the board
of directors, in conformity to the said constitution,
inn o.' § 1-. That the said corporation, hy the name and
style aforesaid, shall be capable in law and have full
power to take, receive and hold" all and all manner of
land<, tenements, moneys, stocks, rents, annuities, rever-
sions, franchi?!es, legacies, hereditaments and other pro-
perty, real or }>ersonal, whu >L)ever, which have at any
lime or times lieretofore been granted, sold, bargained,
released, devised, or otherwise conveyed to any other
body poli'.ic and corporate or any other person or persons
whatever, for the use of the i^aid seminarV) or in trust
for 'he same; and the said lands, tenements, moneys,
stoeks, rents, annuities, reversions, franchises, legacies,
lu-reditaments and other property^ real and personal,
are hereby vested and established in the said corpora-
tion forever, according to the use and interest lor
which such gilts, grants, devises, reU-ases or other
conveyances, rts|'ectively, were originally made, and
the Slid corpora'ion is hereby declared to be seized
and rnssessed of such estate or estates therein, as in
and by their respective grants, sales, bargains, enffeoff-
meiif), gifts, devi-es an I other conveyances thereof,
are (declared, limited and expressed. Tliat, further, the
said ••orporation and tin ir successors shall be capable,
in law, and shall have full j»ower to take, receive, hold
and enjiyj in fee .simple, or of lesser estate or estates
in ;ruit, lor the use of the said seminary, all lands, tene-
rneiit*, inf)neys, stocks, rents, animities, franchises, lega-
cies, hereditaments and other property, real and personal,
wliat4rtever, by sale, bargain, grant, enfedfl'ment, release,
gift, deviie or oilier cotjveyanci-, of any body politic and
corporate or of any person or persons capable to make
the fame; and that no misnomer of the said corporation

849 1857.

ind their successors sliall annul, defeat or in anywise
impair any gift, devise or grant, of any kiii'l, to the said
corporation or to any other person or persons or any other
body politic and corporate, for the said corporation :
Pruvidxd^ that the interest or ]>arty or parties shall suffi-
ciently appear upon the facTe of the gift, grant, will or
other writing, whereby it was intended that any estate or
interest should pa«?s to said corporation or to any other
body politic and corporate, for the use of the said semi-
nary.

§ 10. That the said corporation, and its successors, ^o*" ofmoneju.
shall have power to invest and loan all moneys and funds,
and by bargain, sale, lease or otherwise to manage, sell
and dispose of any and all lands, tenements, stocks, rents,
annuities, franchises, legacies, bequests and estates, of
any kind, of which they shall be legally seized and pos-
sessed, for the sole use of the said seminary, in the promo-
tion of the objects for which it is established, and in con-
formity to the provisions of this act. That the said cor-
poration shall have power and it shall be its duty, out of
any estate, funds and property in its possession, custody,
tnanagement and control, and not otherwise appropriated
and limited, to provide^by/jnirchase or otherwise, grounds,
buildings, libraries, furniture and other accommodation,
for the use of the said seminary; and in like manner to
provide an income for the payment of all sucli salaries
and compensations of professors, instructors and other
officers and agents of the said seminary, as shall be
allowed and appointed by the board of directors of said
seminary, and for the payment of the salaries and com-
pensations allowed and appointed by the said corporation
to its own officers, agents, or other persons, and for
defraying all the necessary and proper expenses for the
transaction of its business.

§ 14. That in all cases in v/hich special instructions mstmctu.n- cf
ihall be given by the board of directors of the said semi-
nary, in writing, authenticated by the names of its presi-
dent and secretary, in respect to the custody, investment,
management or disposal of any lands, tenements, stocks,
moneys, gifts, legacies, hereditaments, property, real and
personal, estate or estates of an) kind, of which the said
corporation shall be possessed, it shall be the duty of the
said corporation to act in conformity to said instrtiction? :
Providcdy that the said in^'tructions shall not be repug-
nant to the constitution of the United States, to the con-
stitution and laws of tliis state or to this act.

\ 15. That the said corporation shall keep a journal JoBro«i.
of its proceedings, and shall kfep regular aid fair entries
of all its pecuniary transactions, and a true and exact
account of its receipts and disbursements, in a book or
—76

1857. 850

books kept for that purposej m^ke to the board of direct-
ors of the said seminary a clear, full and true report of
t!ie transactions of the ounont year, or any part tlicreof,
and o( the whole state of the finances; and shall, when-
ever required, submit its j ^i^rnal and all books of account,
securities and other papei\i and documents, relating to
the business of the corporation, to the examination of the
bjard of directors of tlie said sorainarv, or of any ]ierson
or persons appointed by the said board to make such
examination.

§ IG. That the said corporation shall have power to
take, receive, hold, possess and enjoy, for the use of the
said seminary, lands, messuages, tenements, stocks, rents,
annuities, grant", gifts, here'jitaments and other estate,
real and personal, to any —

§ IT. This act shall be deemed and taken to be a
public act, and shall be of force from und after the date
of its passage.

Approvkd Feb. IG, 1857.

r« \$,}ftn. AN ACT to vacate certain town lots, streets and alleys in the town of
Vanburensburg, in the cour.ty of Montgumery, and state uf Illinois.

Sectio.v 1. Be it enacted by Ihc people uf Ihe state of
Illinois^ reprefiented in the General %^ssemhfy, That lots
numbered IS, V.\ 20, 34, 35, 36, 37, 38, 1)3, !H, 95, 96,
•J7,'JS, ;>'.). 1110,101,102,103, 104,105, 106,107, 108, 109,
110, 111, 112, li:'.. Ill, 115, 116, 117, 118, HI), 120, 121,
122, 123, 121, 125, 12G, 127, 128, J2'.>, 130, 131, 132,
133, 134, 135, 136, 137, 13s, 131), 1 4o, 141, 142, 143, 144,
145, 146, 147, 148, 141), 16o, 151, 152, 153, 154, 155, 156,
1.57, 158 and 159; also lots 21, 22, 23, 24 and 8, and the
ftrrets and alleys running through the same, in the town
of Vanburensburg, in the county of Montgomery, and
ttale of Illinois, be and tlie same are hereby vacated.

§ 2. This act to take etfect and be in force from and
after its pa9!«age. ^

Approveu Feb. 16, 1857.

851 1857.

AN ACT to incorporate the town of Pana. ?•«>. lo, >f*57.

Section 1. Be it enacted by the people of the state of
I/htioiff^ represented in tlie General ti^sseitihly^ That the
inhabitants in the town of Pana, in the county ot Ciiristian,
and state of Illinois, be and they are hereby constituted a
body politic and corporate, by the name and style of "The **»'"«
Town of Pana;" and by that name sliali iiave perpetual
succession; and may have and use a common seal, which
they may change and alter at ,)Iea*?ure.

§ 2. The boundaries of said town shall include within Bonnaarie«.
their limits ail of that district of country known as the
northwest quarter of section (22) twenty-two, the north-
east quarter of section twenty-one (21,) the southeast
quarter of section sixteen (ItJ,) the southwest quarter of
section fifteen (16,1 in township eleven north, of range one
east of the third principal meridian.

§ 3. Whenever any tract of land adjoining the town of A.iauionf.
Pana shall be laid off into town lots and rt^corded, ac-
cording to I.iw the same shall be annexed to and form a
part of the town of Pai.a.

§ 4. Tiie inhabitants of said town, by the name and oonerai powc*
style aforesaid, shall have power to sue and be sued, to
plead and be impleaded, to defend and be del'ended in all
courts of law and equity, and in all actions whatsoever; to
purciiase, receive and hold property, real and personal, in
said town, and to purclia^e, receive and iiold property,
real, beyond the limits of ^aid town, for burial grounds, for
the use of the inhabitants of said town, and to sell, lease,
convey and improve property, real and personal, for the
benefit of the said town, and to do all other things in rela-
tion thereto as natural ptr?ons.

Article II. — Of the Town Council.

§ 1. There shall he a town council, to consist of a
president and four trustees, to be chosen annually by the
qualified voters of said town.

§ 2. No perso;i shall be a member of the town council Mcmbrr«of u>wn
unless he sljall be at the time of, and shall have been six '^"°*' '
months immediately preceding his election, a resident of
the town, and shall be, at the time of his election, twenty-
one years of age, and a citizen of the United States.

^ o. If any member of the town council shall, during
the term of his office, remove from town, his office shall
thereby be vacated.

§ 4. The town council shall judge of the qualifications,
elections and returns of its own members, and shall de-
terjQine all contested elections.

18ST. 852

^ "). A majority of the town council shall constitute a
quorum t » ili» bu.-?incs;J, but a smaller number may adj'Mirn
from day to day, and compel the attendance of absent
mt inherit, under such fines and penalties as may be pre-
scribed by ordinance.

^ '.. The town council shall keep a journal of its pro-
ceedings, whioh shall he suhjeet to inspection.

^ 7. All vacancies that shall occur in the town coun-
cil shall be filled by election.

^ S. Each member of the town council, before enter-
ing upon the duties of his office, shall tak»> and sul)scrihe an
oath, that he will support the constitution of the United
States, and this state, and that hi will well and truly per-
form the tlnties (.«f his office, to the best of iiis ability.

§ '.♦. There shall be four stated meeting?! of the town
counril in each year, on the first Monday iu March, first
Monday in June, first Monday in September and first
Monday in December.

Artici.k III.

Mn» Mcu. ^ 1. There shall be elected in the town of Pana, hy the
qualified voters thereof, on the first Tuesday of Mttrch,
l'S')T, a/id on the first Tuesday of March hitnnially there-
after, two police justices and two town constables, who
shall hold their offices for two years, and until their suc-
ceHsors shall be elected and qualified.

§ 2. No person shall he eligible to the office of police
justice or constable who shall not have been a resident of
the town for six months next preceding his election, or
wUo shall be under twenty-one years of age, or wlio shall
not be a citizen of the United States.

J 3. For the election of police justices and town con-
stables, the town of Pana is hereby declared an elective
precinct, and such rieetion shall he con<luctt(| uiul the re-
turns' thereof ina'le in the same manner as the election and
return of other justices and con tables: Proridnl^ such
elections shall be held at the same time and shall be con-
ducted by the flame judges as the election for mc'inbers of
the town eounril.

§ 4. The police jua4ic»'S shall he commissioned by the
governor of the state of Illinois, as a justice of the peace,
and ai fuch shall give bond and take and subscribe the
fame oath of office as other justices of the peace, and as
•uch shall be a conservator of the jieace for the said town,
and shitll have power and aulh irity to administer oaths,
is»ue writ* and procesM-s, lo takr drpositions, arknow-
lrdgm«-nts of drcdn, mortgages arid oth»r instruments of
writing, and certify the Hatue an other jutlices of the peace;
ftfid he shall have exclusive jurisdiction of all cases arising

853 18r)7.

un^^er the ordinances of tlie corporation, and concurrent
jurisdiction, power and authority in all cases whatsoever,
with other justices of the peace, arising under the laws of
this state, and shall be entitled to the same fees for his
services as other justices of the peace in similar cases.

§ o. The town constable shall have such power and The i..«r. i.i
authority and be entitled to the same tees, and be }daced
under such bond, conditioned for the faithful performance
of the duties of his office, as may be prescribed by law lor
other constables, and shall perform service in similar
cases.

Articlk IV. — Of Elections.

§ 1. On the first Tuesday of March next an election
shall be held in said town for the president and four^mem-
bers of the town council, and lorever thereafter, on the
first Tuesday of March of each year, there shall be an
election lield for said officers. The first election j'hall be
held, conducted and returns thereof made as may be pro-
vided in all similar cases; and in cases of the office beinj;
vacated by any of its members an election may be called
to fill the office of the member vacatint^.

§ '1. All persons who are entitled to vote for state offi-
cers and wlio shall have been actual residents of said town
three months next preceding said election shall be entitled
to vote fur said officers.

Article V. — OJ the Legislative Powers of the. Council.

§ 1. The town council shall have power and authority
to levy and coUect taxes upon all property, real and per-
sonal, within the limits of the town, not exceeding one per
centum per annum, upon the assessed value thereof, and
may enforce the payment of the same in any manner to be
prescribed by said council, not rppU'jnant to the constitu-
tion of the United States or of this state.

§ 2. Tlie town council shall have power to appoint a Anximco oir.-
clerk, treasurer, assessor and supervisor of streets, and all '^*"*
such other officers as may be necessary; and to require of
all officers appointed in pursuance of this charter bonds,
with such penalties and securities for the taithful perform-
ance of their duties as may be deemed expedient.

§ ?t. Also, to require all officers appointed as afore-
said to take an oath for the faithful performance of the
duties of their respective offices, before entering upon the
discharge of the same.

^h'licle 4. To appropriate money, and provide for the
payment of the debt^ and expenses of the town.

Jfri. r>. To niako roijulations to soouro the jroneral
kealtii of the gtMieral inhabitants of the town, ami to de-
clare what shall be a nuisance, and to remove and pre-
Tent the same.
ka|«w««Mfw.. ,/r/. i>. To open, make, alter, abolish, j'xtend, tirade,
pave or otherwise improve and keep in repair streets and
alleys, make R. R. crossings and provide for their being
kept open.

•irt. 7. To provide for inclosing, improving, regula-
ting all public grounds belonging to tovsn.

.//•/. .^. To license, tax, rrgulate and suppress auction-
eers, hawkers, peddlers, brokers, exhibitions, shows and
amusements.

•Jrl. 9. To j>rohibit and suppress tippling houses,
dram shops, gaming houses, bawdy houses ami othi r dis-
orderly houses.

*irt. 111. To provide lor the taking enumerations of the
inhabitants of the town.

./r/. 11. To regulate the election of town officers, and
to provide for removing from ottice any person holding an
office created by ordinance.

-Irt. \1. To fix the compensation of town officers, and
regulate the fees of jurors, witnesses and others, for ser-
vices rendered under this act or any ordinance connected
therewith.

•Irt. 13. To regulate the police of the town, to impose
fines, forfeitures and penalties for any breach of any ordi-
nance, li)r the recovery and Hpj>roj)riatii)n of such fines and
forfeiture.^, and for the enforcement of such penalties:
Pruviilfii, that the right of trial by jury shall in no case be
denied to any person.

</irt. 14. The town council shall have power to make
and enforce all ordinances necessary and pr()j)er for car-
rying into elTect all of the powers fljieeifieil in thi^ act, 80
that such ordinances are not rrpugnantto nor ineonsistent
with the constitution of the United States or of this state.

*Jrl. \'t. The style and ordinances of the town shall
be, *^lie it ordained by the town council aj the /own <tf

It.

>»

Van

• irt. 1»). All ordinances j»a«<fled by th« town council
•h&ll within one niorjth after tln-y have been pa**' ^-d he
pablisiifMi in hucIi manner as may he provided by ordi-
nanc«; and be in force from and after pui lication.

•'/r/. 17. All ordinances of thw town may l)e proven by
the seal of the rorpf^ration, and when pijnted or publish-
ed by tlip authority of the cf)r|»oration in book, pamphlet
or any othir form, the same Nhall be received in evidence,
in all courts and places, without further proof.

855 1857.

Article VI. — Of the President.

§ 1. The president shall preside at all meetings of the prtMdent »
town council, and shall have a casting. vote in case of a "'""*'
tie. When not in attendance the council shall appoint one
of their own number chairman, who shall j)rc8ide at that
meeting.

Article 2. The president or any two members of the
council may call special meetings of the town council.

Art. 3. The president shall be active and vigilant in
entbrcing the laws and ordinances of the government of
the town; he shall inspect the conduct of all the subordi-
nate officers of the town, and cause negligence and posi-
tive violations of duty to be ])rosecuted and punished; and
he is hereby authorized to call on any male inhabitant of
said town, over the age of twenty-one years, to aid in en-^
forcing the laws and ordinances thereof; and any person
who shall not obey such call shall forfeit and pay to said
town a fine not exceeding fifteen dollars.

Art. 4. He shall have power, whenever he may deem
it necessary, to require of an^ officpr of said town an ex-
hibit of his books and papers, and shall have power to do
all other acts required of him by any ordinance made in
pursuance of this act.

Article VII. — Of Proceedings in Special Cases.

§ 1. Wlionever it shall be necessary to take private op«iing of
property for opening or altering any public street or alley
the corporation shall make a just compensation to the
owner of such property, and pay, or tender the same, be-
fore opening cr altering such street or alley; and in case
the amount of such compensation cannot be agreed upon
the police justice shall cause the same to be ascertained
by a jury of six disinterested freeholders of said town.

§ -. When all the owners of property on a street or
alley proposed to be opened or altered shall petition
therefor the town council shall provide for the opening or
alteration of the same, but no compensation shall be al-
lowed to such owners for their property so taken.

§ 'l. All jurors empannelled to inquire into the amount Joroi*.
of benefits or damages which shall liappen to owners of
property proposed to be taken for opening or altering any
street or alley, shall first be sworn to that ctTect, and shall
return to the police justice their inquest, m writing,
signed by each juror: Prorided, alirai/s^ in the assessment
of such damages the jury shall take into consideration liie
benefits as well as injury happening to the owner of pro-
perty proposed to be takt n for opening or altering a street
Or alley by such opening or altering.

1857. 856

.f/7. -1. The police justice shall have power, for gooc)
cause shown, wilhiii ten clays after any inquest shall havti
been returned to hini as aloresaid, to set asiile the same
and cause a new inquest to be muile.

*irt. 6. Tlie town council shall have power, by ordi-
nance, to levy and collect a special tax on the holders o(
lots on any street or alley or any part of any street or al-
ley, BCCordinjj; to the respective fronts owned by them, for
tlie purpose of paving or grading the sidewalk of saic(
street or alley.

Article VIII.

%m4\»xm, ^> 1. The inhabitants of tlie town of Pana are hereby

exempted from working on any road beyond the limits of
the town and from paying any tax to jtrooure laborers to
work on the same.
»•»•*• .N -. The town council shall have power, and it is here-

by made their duty, wlien it may be necessary for the
purpose of keeping in repair the streets and alleys of said
town, to require every able bodied male inhabitant of said
town, over twenty-one years of age and under fifty, to la-
bor on said streets and alleys not exceeding three days in
each year; atul any person failing to perform such labor,
when duly notified by the sujtervisor of said town, shall
forfeit and pay tiio sum of one dollar and twenty-tivo
cents to said town for each and every day so neglected or.
refused

*irt. '.). The town council shall have power to pro-
vide for tiie punishment ofolFenders against the ordinances
Kii said town, by imprisonment in the county jail, not
exceeding thirty days for any one offence, in all cases
where such oflender shall tail or refuse to pay fines and
forfeitures which may b«! recovered against him or them.
a»«mj infmu, Art. 4. The town cou.icil shall cause to be published,
annually, a full and complete statement of all moneys
receivtrd and expendtd during the pr«;ceding year, and on
what account received and expen^led.

.Irt. >'). All ordinances and rrsolulions passed by the
pre.iident and trustees of the town of Pana shall remain in
force until the ■aole be repealed by the town council here-
by created.

.7/7 G. All "»uit.i, action*? and prosecutions, instituted,
rr«mmenc«d or brought by the corporation hereby created
.tjtail Ik: instituted, commenced and [)rosecuted in the name
of the town of Pana.

§ 7. All actions, fiueii, penalties and forfeitures which
IB<iy iicnruR in 9aid town .shtll be ajipropriated for the use
of publif! 4(:hool-i in naid town.

9 ■^. Th»' preiiilmt Htid council of the town of Puna
iluiU, iminedi.itely after the passage of this act) take

857 1857.

mea««ures to promulgate this law within the limits of the
town of Pana, ami issue their proclainatlou for the elec-
tion of officers, and cause the same t« he puhlishe<l in three
puhlic places iti saitl town ten dajs pricr to the day of
election of such officers.

§ 0. Appeals shall be allowed in all cases arising un- App«»uioitt.u,
der the provisions of this act or of any ordinance passed
in pursuance of this act to the circuit court of Christian
county; and every such aj)peal shall be taken and granted
in the same jnanner and with like effect as appeals are
taken from and granted by justices of the peace to the
circuit court in similar cases under the laws of this state.
• ^ 10. Whenever the police justice or constable shall
remove from the town, resign or die, or his office shall be
otherwise vacated, the town council shall immediately
provide for filling such vacancy by an election.

§ 11. This act is hereby declared a public act, and
may be read in evidence in all courts of law and equity in
this state, without proof.

}^ 12. All acts or parts of acts coming within the pro-
visions of this charter, or contrary to or inconsistent with
its provisions, are hereby repealed.

§ 13. The town constable or any other officers author-
ized to execute writs or other processes issued b, the
police justice, shall have power to execute the same any-
where within the limits of Christian county, and shall be
entitled to the same fees as other constables are in like
cases.

Approved Feb. IG, 1857.

AN ACT to vacate a certain alley in the town of Kewanee. Feb. i«, 160t

Skction 1. Be it enacted by the people of the state of
Ilfinoisy represented in the General ^^ssemhhj^ That so
much of the alley in the town of Kewanee, in the county
of Henry, and state of Illinois, as lies between the depot
grounds of the Chicago, Burlington and Quincy railroad
and fractional lot number one, in said town, between said
railroad track and Fourth street in said town, be and is
hereby dechired vacated.

§ -. This act to be in force from and after its pas-
sage.

Approved Feb. 10, 1857.

1?57. S58

p»> H.i5r. A.N ACT to incorporat* th« Bonpass Bridge CompanT.

Skction 1. Be it enacted by the people of the state of
Jilinois, represented in the (renerat »issemhfi/. That
CliHrles P. Rums, his associates, successors, heirs and
assigns, be and they are liereby constituted a body corpo-

>•••■»! «9ie. |.jtt. ami politic, by the name and style of "The Bonpass
Bridge Company," with po'ver to builil,. maintain and use
a toll bridcje a'Toss the Bonj^ass en t k, on the state road
leading from Mount Carnitl, in Wabash county, state of
Illinois, to Gray viile, in White county, and state aforesaid,
at the point where said road, as located in the year one
tiiousand eiglit hundred and fifty-six, crosses said creek, cft\
the southwest quarter of section number thirty-five, in
township number two south, of range number fourteen
CHSt of the third principal meridian —said land being own-
ed by the said Charles P. Burns.

rMirtw 8 -• Said company is hereby authorized and empower-

ed, after the completion of said bridge, to place a toll gate
and toll house at either or both ends of said bridge, or
within ten rods of the same, and dimand and receive for
passing over the same the following rates of toll, viz: For
each two horse wagon, carriage or other vehicle drawn by
two horses or other animals, twenty-cents; and for eacli
additional animal in said team, five cents; and for an ad-
ditional w;>gon attaclicd thereto, five cents; for eacii one
horse wagon, carriage or other vehicle, drawn by one
horse or other animal, ten cents; for each horse or otiier
animal and rider, ten cents ; for each head of horses,
mules, asses or cattle, under and to the number of twen-
ty, not driven in a team or teams, three cents; and for all
ovt-r twenty, two cents each; for each head of swine or
•weep, one cent.

^ iTl— *! *'^' .^ '*' Said bridge slmll be commenced in one and finish-
mmtttmt ed in three years from the jiassage of this act: Prodded^
no other p<*rson or corporation shall be allowed to build a
bridge or establish a ferry over said creek (or a distance
of three mil»*(i above or below said aboveu;imed and es-
tablished point. The saiil bridge shall be deemed a ])ui)-
Kc highway, within the meaning of the laws providing for
the piuiishm«rnt of p»'.r|oiis injuring, obstructing or destroy-
ing public highwa}« rtr bri<lg«vs in .my manner.

§ 4. This act to be in Ibrce from and after its pai-

ArpaovtD Fib. IC, 1857.

859 18.''>7.

Kfi ACT to amend the cfiartpr of the Jacksonville and Savanna Bail- Fph. i«, i8»:.
road Company.

Section 1. Be it enacted hy the people of the state of
Illinois, represented in the General *^ssemhh//T\i^\. said
Jacksonville and Savanna Railroad Company are hereby
empowered iind authorized to continue the line of its road
from Savanna to the city of Galena, on the most passable
and practicable route; and shall have, for that purpose,
all the rights, powers and privileges that are granted to
said company in its said charter; and said line ol road,
from Savanna to Galena, shall be and become a part and
portion of said Jacksonvilhi an(' Savanna railroad, and
shall be constructed, erected, equipped and operated as

such

§ 2. Said Jacksonville and Savanna Railroad Com- R'bI'I ^f-''-
pany are hereby authorized their said road along, upon
and across any line of railroad heretofore located and
construction, in who'e or in part, by the state, lying
between said town of Savanna and city of Galena, and
that all the grading, bridging, masonry and right of way
done or owned thereon shall, upon such location, be
vested in said Jacksonville and Savanna Railroad Com-
pany: Provided, however, thatshould said grading, work,
masonry, bridging and right of way be appropriated by
any other railroad company, having authority to do so,
before the location by said Jacksonville and Savanna
Railroad Company of its road on, along and over such
work, grading, bridging and masonry, then the riglit of
said Jacksonville and Savanna Railroad Company thereto
shall cease.

§ a. This act shall take eflfect and be in force from and
after it.s ])assage.

Approved Feb. 16, 1867.

AN ACT to relieve the Bine Island Avenue Plank Road Company. •'«>'• 16,1867.

Section 1. Be it enacted hy the people of the state of
lUiwm, represented in the General ^^ssemhly. That the
JJlue Island Avenue Plank Road Company, organized
under a general law of this state, be and they are hereby
authorized and empowered to macadamize any j-ortion
of its said road, they may deem exj-edient, in lieu of
planking tiie same.

§ -2. Be it further cnvctcd. The proceeding hitherto
of s«id company, in effecting their organization under the
general law, as aforesaid and, in the election of officera

l:<5 . 860

of t!»e samt', bo Hnd the same are hereby legalized and
confirmed, any ni»Te informality in such procoedinf; to
the contrary not\vithstnnd"nj;.
Approvkd Feb. U», 1867.

€««ai)r Modl.

u, 1961. AN ACT to authorize th« county of Fulton to aubscribe stock to railroad'

companies therein named.

Section 1. Be it enacled hy the people of the state of
Uliiioix, represented in the (ienerdi jfsse'nbfij^ That the
county of Fulton is hereby authorized and empowered to
suhscribc to or j)urchase stork oi' the Peoria luid Hannibal
Railroad Compan), and to tht; .lacksonvilli' and Savanna
Railroad Company, in any sum not exceeding one hun-
dred thousand dollars to each of said companies, in addi-
tion to the stof'k heretofore voted lor in said county :
Provided^ the Peoria and Hannibal Railroad Coraj, any
shall apply one- half of all moneys received from stock
subscribed to said company, by authority of this act in tht;
construction of said road in Fulton county, south of Spoon
river.

§ 'J. And for the payment of said stock the board of
supervisors of said county of Ftiltdu are hereby atithorized
to pledf^o the faith of said county, by the issuance of bonds
therel'or to said company or companies to which stock
may be subscribed as aforesaid, payable at such time and
place as said board of supervisors shall deem advisable:
Pritvidedy the time of payment shall not be less than
twenty years from the date thereof, and to bt;ar interest
not exceedinj^ t«'n p»'r ci-nt. j er annum — the intenst to be
|>ai I annually or semi-annually, and at such place as said
board of supervisors shall direct and appoint.

4 3. The bonds aforesaid shall be executed under the
seal of .said county, sij:;n« <| by the chairman of said board
of supervisors and rountersi^ned by the county clerk of
s.'iid county, and <ihall be issued in sums not less than one
thou<iand dollart curh.

\ 4. Tiie stock so subscribed shall not be refjuired to
be ]iaid in to said compatiy or companies faster than is
required of individual subscribers of stock : Provided^
hotm-vrr^ the board of suptrvisors of said CDunty may, in
th»-ir diqf«r«tion, issue such bonds at any time after th«
fub<rription of such stock.

5 •'• The stock aforesaid authorized to be «ubscril)ed
shall b« subscribed in thn name ol the county of Fulton,
bj fuch person tf shall be appointed by said board of

' 861 1857.

jupervi?ors; and such company shall issue to said county c^^^y^^'-^v-
certificates of stock, in the same manner that sucli C( rtifi-
cates are issued to otlier subscribers of stock ; and such
company shall and may receive the bonds of said county,
in payment of such stock and sell and convey the same, in
the discretion of such company; and such bonds shall be
negotiable by indorsement thereon.

§ G. Said railroad companies, or either of them, shall ^;^"r«weB*"'*
harp power to contract and agree with said county that
the dividend of profits on th«^ stock so subscribed shall
equal the interest on such bonds as may have been issued
tlierelor; and any contract or agreement made by said
county and company shall be binding on both of said par-
ties, whether made before or after the subscription of stock
aforesaid.

§ 7. The board of supervisors of said county of Ful- Kiecticn orJtroi
ton are hereby antliorized to cause an election to be held
by the voters of said county of Fulton, to vote for qr
against the subscri|)tion of slock hereinbefore specified,
at such time as said board of supervisors may appoint —
such election to be held and the returns thereof made in
the same manner that elections are held and retuins made
in the election of members of the general assembly of the
state : Pruvidi.ily that notice thereof shall be given by the
county clerk at least twenty days prior thereto, in the
same manner that notices are given of general elections.
Such notice shall contain the order of the board of super-
visors authorizing the subscription of stock and ordering
such elections. And if a majority of the voters voting at
such election shall vote for such subscription it shall be
the duty of the board of supervisors tosubscribe the stock
so authorized by said vote to be subscribed and to issue
bonds therefor, as hereinbefore provided for: Provided^
no stock shall be so subscribed or bonds so issued until a
vote shall have been taken, as aforesaid, authorizing such
subscription.

§ 8. The form of the vote shall be ''for subscrijition"
or '* against subscription." And said board of supervi-
sors shall join both of said compaiiies in such vote.

§ y. It shall be the duty of the supervisors of said County «p«rri-
county of Fulton to hold a meeting of their said board, '°"'"
without further notice, on the third day of March, A. D.
18.^7, to take into consideration the subject matter in this
act and to act in relation thereto; but nothing herein con-
tained shall prevent any further action by any subsequent
board of supervisors of said county in relation thereto.

§ 10. The bonds authoriTied by this act to be issued
shall be received by said railroad companies at par.

§ 11. The common council of the city of Canton are
here jy authorized to cause bonds to be issued to the Jack-

is:)7. 802

«»on\ iHo and Savanna Railroad Companj* in payment for
stock now or luToafttT to be subscribed or iieretofore
autliortzed by a vote of said city, to be subscribed to said
company by said city, at any time, in their discretion, for
any part or the full amount of such subscription— suvli
bonds to be uinler the seal of said city and signed by th(^
mayor tliereof.

§ IJ. This act to take effect and be in force from
and afler its passage.

Approved Feb. 10,1857.

r«*. «l, I**' AN ACT to incorporate tho Oswcijo Branch U.iitroatl Company.

That Jeremiali J. Cole, Levi C. Gorton, and their as-
sociates, heirj or assigns, be and they are hcre-by authori- i
zed to locate, build, ecjuip, oijt-rate and maintain a rail-

i>f4(ioao( rMU. road, with one or more tracL.^, from yome point with-
in or near to the village of Uswego, in the county of
Kendall, to tiic Oswego depot or some other con-
venieui point on the Chicago, Burlington and Quincy
railroad; and whenever it shall he required for the con-
venience of the citizens of the village ol Oswego aforesaid
ia like manner to construct, equi[), operate and mnintain
a like roud from any point, witlnn or near to said village, to
the nearest depot or other convenient jxtinton any railroad
which may bo located in the vicinity of but not through
said village.

%wa««Oii .iy!». ,^ -. h'or the purposes aforesaid they are hereby crea-
ted a body politic and corporate, under the corporate
name and style of '* Tho Oswego Branch Railroad Com-
pany;" and by such name shall have perpetual succession,
and may sue and be sued, contract and be contracted
with; may have, ad )pl and uho a common seal, and alter
the same at pU vsure; and gfnerally have and use all the
immunities and privileges necessarily pertaining to a cor-
porate body.

9timtt,f NM<. ff "i- The dif^ction and management of the affairs nf
laid corporation shall be conlrDlled by a board of dir(!ot-
oru, whoi)c number Hhall he fixed by the slockholdtrrt, and
may bo increased or diminished by them as circumstances
may rerjuire. One of their number shall he elected presi-
dent, and they rihall hold their offices for one year, and
until «ucefc««(oni are elected and (jiialifiid.

§ 1. Tin- eapital stock of said corporation shall b«
■ uch »n am ..lint ;it may b«r suffii;i»rit to ••uabic? them »uc-
c«««fully to carry out the powers and objects of their said

803 1857.

corp(>ratioi), ur\(\ may be increased or diminisljed for that
purpose by thein; and shall be divided into such shares as
tho by-laws, rules and regulations of said company shall
prescribe; which shares shiill be personal property, and be
transferable on the books of said corporation, and shall
entitle the holder thereof to a voice in all ineeti[i<;s of the
stockholders, in the proportion thereof to tlie whole stock
of said company.

§ 5. For the purposes of securing the right of way aiuLi of w.y.
said company shall be governed by the act approved June
2*2, 18.32, providing for condemnation of land for such pur-
poses, and for the purpose of surveying, locating, construct-
ing, maintaining operating and equipping said road or roads,
and of carrying on the business thereof, and of managing
and controlling the same and connecting witli other roads;
and tor all other purposes not herein otherwise provided
for said corporation sfiall have and exercise all the privi-
leges, rights and p(>wers conferred and be controlled by
all the provisions and restrictions imposed upon the, road
with which they may wish to coi»nect by the act or acts
conferring upon it corporate privileges, so far as the same
may be a|)plicable thereto.

§ 6. Said corporation, by and witli the consent of the teeu highw»j»
highway commissioners, or a majority thereof, of the town
or of the voters of said town, expressed at any annual or
special town meeting, may appropriate any highway and
locate upon and along the same their said road, or, with
the consent of a majority of the trustees of the village of
Oswego, or of the inhabitants thereof, expressed at any pub-
lic meeting, called for that purpose, may appropriate any
street or alley of said village or any addition thereto for
the purposes of said road.

<5 7. This act shall be taken and held to be a public
act, and shall be liberally construed in favor of said cor-
poration, in all courts and places, and shall be in force from
and after its passage.

Approved Feb. 10, 1867.

April J, 1867.

AN ACT to incorporate tde town of Tiikilwa.

Skctio.n 1. Be it enacted by the prople of the state
of Illinois^ represented in General ^Qsscmftly, That the
inhabitants in the town of Tiskilwa, in Bureau county, and
state of Illinois, are hereby made a body corporate and
politic, in law and in fact, by the name and style of "The
President and Trustees of the town of Tiskilwa ;" and by ''*'°*

that unrae fIihU have porpotual succe^ision, niul a common
Sfal. whii'li tluy may altt r at ploa.suro, and in whom the
povtrnuu lit of thf incorporation may be vested, and by
whom its utFairs sitall he manitgod.

§ '2. The boundary ot said incorporation shall include
the town ulats of Indiantown and Windsor, as the same
are recorded in the recorder's office of Bureau county;
nnd whenever any person shall lay ofl' into lots any addi-
tion to said town plats ami shall cause a legal plat of tho
same to he recorded in the r«corder's office for Bureau
county, the hoard of trustees shall ha\ e power to ordain
the said addition a part of this incorporation.
.^iM.. ^ o. Tlie officers of this incorporation shall consist

of a board of trustees, a police justice of the peace, a
treasurer, a street commissioner, and a town constable,
who shall be, f.r ojjicioy collector; all of whom shall be
elected annually, on the second Tuesday of April, and
shall hold their offices for one year, and until their suc-
cessors are elected and qualified; and jmhiic notice of the

aiaoiija time and place of such election shall he given by ]ires-

ident, by an advertisement published in a newspaper in
spid town, or posting it up in three of the most public
]>laces in said town, not less than ten days previous to the

v*ur» election. All white male citizens, over twenty-one years

of age, who have resided within the corp' nation limits
thrte months next preceding an election, shall be entitled
to vote for all officers at said election. The hoard of
trustees and the treasurer shall have resided in the town
six months next preceding their election, and shall, at the
time thereof, be fxmafn/c freeholders, and shall not receive
any compensation for their services. The other officers
shall ha\ e the same qualifications as electors. The police
justice of the peace tihali havi! th<- same powers and re-
ceive the same compensation as is provided by law for
justices of the peace in the county, and shall be commis-
fioned by the governor. The town constal»le shall have
the name powers and the same compensation as is provided
by law for constables and collectors under the township
orgarii/ation. Tin- street commission«'r, subject to di-
rection of the board of trustees, shall have the general
fapervinion of repairs and improvements of the streets,
allp\« and public f^ound, and receive the same compen-
sation a* do overseers of highways.

;J 1. 'l\n' board of trusties .shiill, nt their first meeting,
organize by the choice of one of tlieir inwnher presidi nt,
and another as clerk. A majority of the board shall con-
stitute a quorum to do bunineNS, but a smaller number may
adj'Mirn from time to time nnd compel the attendances of
•bifhl rnrmbers, under such penalties as may bo prescribed
hy ordioauce.

8G5 1857.

§ 5. The officers of tlie corporation sliall, kefore enter- Offlrinionh.
ing upon the discharge of their duties, take aa cath well
and truly to discharge the duties of their resfjective offi-
ces. The treasurer and street comuiissioner shall exe-
cute a bond, with security, to the president and trustees,
in such sum or sums as the trustees may direct, for the
faithful discharge of their duties.

g U. The board of trustees shall have })Ower to pre- Amhoriiy of th»
scribe, by ordinance, in what manner any vacancies tliat
may occur in any of the offices of the corporation may be
filled; to levy and collect taxes for general purposes, i n-
nually, upon all reid and personal estate within the limits
of said corporation, not exceeding fifteen cents on the
hundred dollars upon the assessed value thereof, agree-
able to the last township assessment, and may enforce
payment of the same in any manner, to be prescribed by
ordinance, not repugnant to the laws or constitution of
this state ; to appropriate money and i>rovide for the pay-
ment of the debts and expenses of the corporation ; to
make regulations for preventing the introduction of con-
tagious diseases into tiie town; to make quarantine laws
for that purpose, and enforce the same witliin three miles
of the town; to declare what shall be nuisances and to
prevent and remove the same ; to open, improve and keep
in repair the streets, alleys and public grounds ; to license,
tax and regulate auctioneers, theatricals and other exhi-
bitions, shows iind amusements ; to restrain, prohibit and
suppress tippling iiouses, dram shoj)s, gaming houses and
other disorderly houses ; to prevent the discharge of fire
arms, and the racing or indecent exposure of hoises within
the limits of the corporation ; to provide for the extin-
guishment and prevention of fires ; to impose appropriate
tines and forfeitures for the breach of any ordinances; and
from time to time to pass such ordinances, to carry into
effect the ]»rovisions of tliis act and tiie powers hereby
granted, as the good of the inhabitants may require.

§ 7. Upon the application of the owners of two-thirds Sidew«ik.
of the lots of any block lying tipon any street, it shall be
lawful for the board of trustees to ])as3 an ordinance re-
quiring the owners of the said lots bordering upon such
streets to construct a sidewalk in front of their respective
lots, in such manner and of such material and within such
time as shall be specified in such ordinance; and the said
board shall provide in such ordinance for tlie payment to
the owner of stich real ctate, upon completion of such
walk, of a sum equal to half the costs thereof, to be esti-
mated and specified in such ordinance : .'//<</, provided^
that if any person shall fail to con »truct a sidewalk in front
of his premises, in the manner, and within the time sj)eci-
fied in such ordinance, the board of trustees shall have
— 77

1857. 866

power io cause such sidewalk to be built, aiul to direct
llie town constable to collect from such delinquent a sum
of money equal to half the cost of such sidewalk, as s[)Oci-
ned in ."-uch ordinnnce.

»irt«stAi. ;j S. The board of trustees shall, annually, recjuire

every male inhabitant, over twenty- one years of age, resi-
dent in said town, to perforui one day's labor on the streets
and public grounds of said town, in order to improve and
keep in repair the same. And any person failing to per-
lorm such labor, when duly notified by the street commia-
sioner, shall forfeit and j)ay the sum of one dollar lor each
da}'s lubor so neglected: Prur/(/t d, that any one subject
to such roatl labor, when called upon by the street com-
missioner to peiform said labor, shall j>ay to the street
commissi. »ner seventy-five cents he shall be exonerated
the re from.

^ '.• The style of the ordinances of this corporation
sluill be, "AV if urJdiucd by thv /ins/dcuf atid /rusfits of
the luwn of TisA'i/n<i.^*

f«fciK*ti>« cf 5 10. All ordinances jiassed by the board of trustees
shall, within one month after they may have been passed,
be ])ublished in some newspa|)er published in said town,
or posted up in three public places in said town, for the
sp.tce of three weeks, and shall not be in force until they
sliall have been so published or ]>osted.

«•'•«« iDUsin- ^11- That the said board of trustees shall have power
M«j m»^r«. ^^ provide, by ordinance, that no person shall be allowed
to sell any spirituous or inloxicHlint; li([Uors, wine, brer or
cider, in less quantities than one gallon : J'rori't/i i/, that
wine fur sacraiutMital purposes, and wine, gin, brandy and
rum, for medical purposes, may bt> sold in (jnantities, the
val'Mi of which shall not be less than hfty cents. And if
any p«rson shall sell nr give away any spirituous or intoxi-
caitng liquors, wini', lieer or cider, contrary to ihe provi-
sions of ibis act, or if any person shall sell or give away
•ny spirituous liquor, wine, beer or eider to any person
wlio khall uxe it to intoxication within the limits of this
corporation, the person so offending shall be fined for i*acli
and every offence, iu any sum not exceeding five <iollars,
nor lesi than on<* d dlar. And if any person ■hall purchase
or rcreive and drink any spirituous or intoxicating litjiior,
wine, beer or cider, within the limits of this corporation
and contrary to this act, or if any person shall he found
drunk within the limits of tliis corporation, every person
■o ofTi-nding chall bt; fined for each and every such offence,
in any fium not exceeding three dollars nor less than one
dollar.

•«.!••>>•*. § 1 ■-. All proiectitioni for \iolationH of tlio provisions

of ihn act or of any ordinances parsed by virtue thereof,
ttiall bu prosecuted before the police justico of the peace

867 1857.

or any justice of the peace residing in said corporation ;
and it is made the duty of the corporation constable to
execute all processes issued by any such justice for the
violation of any such provisions or ordinance; and said
constable may execute the same any where within the
county of Bureau, and shall be entitled to the same fees
for traveling as are allowed constables in similar cases ;
and it is made the special duty of said constable to report
to the police justice of the peace all violations of any acts
or ordinances of the corporation, which may come to his
knowledge.

§ 13. Appeals shall be allowed from any and all deci-
sions arising under the provisions of this act or any ordi-
nance passed in pursuance thereof, to the circuit court of
Bureau county.

§ 14. This act is hereby declared to be a public act,
and may be read in evidence in all courts of law or equity
within thi"5 stale, without proof.

§ 15, The town clerk of the town of Arispe is hereby «i»«ii«D«.
authorized and required to give ten days' notice of the
time and place of the first election under this act, by post-
ing up notices in four of the most public places within the
bounds of the incor[)oration ; and the legal voters assem-
bled in pursuance thereof shall elect three of their num-
ber judges of election — one of whom shall act as clerk.
The board ot judges of election, then constituted, shall
conduct the election a^- is directed by law for general
elections. At all subsequent elections the board of trus-
tees shall conduct the elections. They shall judge of the
qualifications, elections and returns of all the officers, and
shall determine all contested elections.

§ 16. All moneys which shall be collected by the town mmbf* tviit<»«*
constable, for taxes, fines or forfeitures under the provi-
sions of this act, shall be by him paid, without delay, to
the treasurer ; and said constable shall take receipts for
all such payments. Said constable shall keep an exact
account of all such moneys by him received and paid out;
and ten days jirior to the annual election of officers shall
deliver to the clerk of the board a copy of said account,
which the clerk shall place on file and enter a summary
of the same upon the records of the board.

J; 17. The treasurer shall enter in a suitable book, to Tre»»n7rr'« »c-
be called the treasurer's book, an exact account of all *"*"**■
moneys by him received and paid out; which book shall at
all suitable times be opened to the inspection of all per-
sons within the incorporation. The treasurer shall pay
out no money, except upon order of the board of trustees,
signed by the president and countersigned by the clerk.
At each annual election he shall submit a statement of the
condition of the treasury.

1957. 868

J IS. The board of trustees shall liold regular lueet-
iugs lor the trausaotion of business on the first Momlays
of April, July, October and January, each year. The
president of the board of trustees shall have full ju)ucr to
call special iueetiiii;s of the hoard, whenever, in his opin-
ion, the public good shall reijuirc it.
c:*t%ut^'..m ^ 19. The clerk of the hoard shall preserve, in a suit-

able book, a record of all the meetings and acts of the
board, and especially of all ordinances they may pass and
orders they may make u| on the treasurer. The books of
the clerk and the treasurer and all mont'}s of the corpora-
tion, in possession ol the latter, shall be by them delivered,
on demand, to their resj)ective successors in otiice,so soon
•s said successors are duly qualified.

$ ll<>. This act shall be in force fr( m and after the first
day of April, one thousand eight hundred and fifty-seven.

Approved Feb. lit, 18o7.

r<*. >(. tar.. AN ACT to incorporate the town of Krithsbiirg.

Section 1. Be it enacted hy the people of the state oj
Jtlinoisy represented in the General *'lsstnihl}/^ That the
inhabitants of the town of K«itlisburg, in the county of
.Mercer, and state of Illinois, are hereby constituted a body
politic and c-rporate, by the name and style of " The Pres-
y*at*»itr« idenl and Trustees of the Town of Keithsburg ;" by
that name and style jiliall have per|)etual succession ; and
may have and use a common seal, which thi-y may change
and alter at pleasure, and in whom the government of the
corporation !ihall be vested, and by whom its aifairs shall
be managed. ,

$ 2. The inliabitants of said town, by the name and
■tyle aforesaid, may sue and be sued, plead and be im-
pleaded, answer and be answered, defend and be defend-
ed, in all courts of law or e(|uity, and in all actions what-
ever ; and purchase, receive and hold property, real or
perxonal, within <ir beyond the limits of said town, for
buna) grounds and fcjr < ther public purposes, for the upe
of the ihliHbitants of nuid town; and may have, sell and
dinpose lA property, real an I personal, for tin; benefit of
laid towf!, and improve and jtroteet such property ; and
m»y Mubdcribe for and take stock in the Warsaw and Kock-
ford Kadroad Company, to an amount not excee<ling
Iwrnt) thoufiand duUarn, and to issue the bonds of said
corporation, in payment then for, to run for a term not
exceeding twenty years, to draw iulercBt not exceeding

809 i2$5V

ten per cent, per annum, payable semiannually, and to do
all tilings in relation thereto as natural j)orsoii3.

6 -i. Tliat tiie boundaries of said corj)oration be as Boun(j*ri««.
follows, to wit : begitininej on the bank of the Mississii)pi
river, at the southwest corner of Mechanics' addition to
the said town of Keithsburg, in the county of Mercer,
state of Illin >is ; thence east to the quarter section line
running from nortli to south, through section twenty-six,
in township thirteen north, of range five west of the fourth

firincipal meridian ; thence north on said quarter section
ine, to the northeast corner of the soiithwest quarter of
section twenty-three, in same township and range ; thence
west on the north line of said quarter, to Pope creek ;
thence down the south bank of said Pope creek to the
Mississippi river; thenc • west to the channel of said
river; thence down said river to the head of Mapes'
Island ; thence down the e^st bank of said island to a
point due west of the j)l:ice of beginning; thence east to
the aforesaid place of beginning. And any town lots that
are or may hereafter be laid out adjoining thereto and the
plat or map thereof recorded, as required by law, shall
attach to and be included within the limits of this corpo-
ration : Provided, nevfrtkvlefis, the president and trustees
of said town may, at any time, by ordinance, extend the
boundaries of said town, so as to include not exceeding
two miles square.

§ 4. The present president and trustees of said town, Trusteei
as now incorporated under the general act of incorpora-
tion, are hereby appointed trustees of said town, and shall
hold these offices until the first Monday of April next and
until their successors are elected and qualified ; and on
the first Monday of April next, or within ten days there-
after, and on the first Monday of April in every year tiiere-
after, an election shall be held for five trustees of said
town, wlo shall hold their offices for one year and until
their successors are elected and qualified ; and ten days*
public notice of the time and place of holding any election
for trustees shall be given by the president and trusiees,
or by their clerk, by advertisement in any weekly paper
published in said town or by posting up notices in three of
the mogt^ public places in said town. No person shall be
elected a trustee of said town who shall not be qvialified
to vote for state and county officers, and who sliall not
have been for six months previous to such election a resi-
dent and bona fide freeholder within the incorporated lim-
its of said town.

§ '). That at such election for trustees every person i«i«tio m ui,
who shill be qualified to vote for stale and county officers,
and who shall have a residence within the limits uf said

•i.f t. ko

lgo7. 870

corporation for* three months previous to such election,
may enjoy the rights of an elector.

^ t>. rhat the trustees shall elect one of their num-
ber president, and shall be judges of the elections, quiil-
itioations and return of their own members — a ma-
jority of whom shall be a quorum to do business ;
but a smaller number may adjourn from day to day,
and compel the attendance of absent members in such
manner and under such penalties as they may provide,
and punish their members for disorderly conduct, and,
by vote of three-fifths of the whole number elected, expel
a member; and make such other rules and reguhitions
for thi'ir government as to them may seem proper and
expedient ; and shall have power to fill any vacancies in
the board of trustees, occasioned by death, resignation,
removal or continued absence from town for three
months, or otherwise.

^ 7. The president and trustees shall have power,
a«»Mr»ft(r««u. Firs/ — To cause all the streets and alleys and public
roads witliin the limits of said town to be kept in good re-
pair ; and to this end they shall require every male resi-
dent of said town, over the age ot twenty-one years, to
labor on the same, not exceeding three days in each and
everyyear, and if such labor be insufficient for such per-
poses to appropriate so much from the general fund of the
corporation as they shall deem necessary therefor.

Secuiid — To open, alter, vacate, widen, extend, estab-
lish, grade, pave or otherwise improve any streets, ave-
nues, lanes, alleys or public roads within the limits of said
town.

Third — To make, ronstruct and keep in rejiair side-
walks or pavements in front of any lot or lots adjacent to
any street or streets in said town, and to levy and collect
a lax, from time to time, upon the lot or lots in front of
which fuch sidewalk or paviinents arc or shall be ordered
and proposed to be madr, constructed or kept in repair:
Priivi/lfiiy such tax shall be on such lots proportionate to
the length of tlieir respective fronts ; and un'il the said

firesident and trusters .shall provide by ordinance for the
evying and collecting of said tax, they shall enter upon the
recorda oi the corporation, whenever they shall desire to
collect fluch tax, a r-solulion that such tax shall be levied
and collected, and the numbir of tli*> lot ur lots upon which
the taxis propont-d to be levied, and the amount upon each
lot; and a certified copy of such resolution shall be filed
in the office of the clerlf of the county court. It shall then
b« Collected in the manner provided in the ninth section
of an ac!t entitled "An act toinrorpt»rate towns and ('ities,
■ pprov«rd 1 i.bruary I'lth, ISl'.j, for the collection ol the
other corporate taxes.

871 1857.

Forirfh — To lovy and collect taxes upon all property, ''*"*•
real and personal, within the limits of said corporation, not
exceeding one per cent, per annum upon the assessed
value thereof, and may enforce the payment tlurtof in
any manner, to be prescribed by ordinaiico, not repugnant
to the constitutiorj and laws of the United States and of
the state of Illinois ; but until they provide by ordinance
for the enforcing the i)ayment thereof they shall be collect-
ed in the manner ])rescribed in the ninth section of the act
aforesaid.

riflfi — To restrain or prohibit the runnincc at large of Restrain i«»««

II 1 ■ 1 ii • 1 IX cattle, «ic.

cattle, horses, sheep, swine and other animals, ami to
authorize thej detaining, im|)oiinding and saleof the same ;
and to prohibit any indecent exhibition of horses or other
animals.

Sixth — To prevent and regulate the running at large of d c.
dogs, and authorize the destruction of the same when at
large contrary to any ordinance.

Seventh — To ])rohibit any indecent exposure of person.

ICighth'-'To prevent horse racing or any immoderate rait driving.
riding or driving within the limits ot said town of horses
or other animals; to prohibit the abuse of animals; to
comj^el persons to fasten their horses cr other animals at-
tached to vehicles or otherwise, while standing or remain-
ing in any street, alley or public road in said town.

JVin/h — To establish and maintain a public pound, and
appoint a pound master and prescribe his duties.

Tenth — To restain and prohibit all desciiption of gam- camibun?.
bling and fraudulent devices, and to suppress and prohibit
gaming generally.;^ ^ -^

E/eventh — To suppress and prohibit disorderly houses,
groceries and houses of ill-fame.

Twelfth — To license, regulate, suppress and prohibit all
exhibitions of common showmen, shows of every kind,
caravans, circuses and exhibitions and amusements.

Thirtt 'nth — To prevent, suppress and prohibit any riot, R»»-»-
affray, disturbance or disorderly assemblages, assaults,
assaults and batteries or shooting within the limits of said
town.

Fourteenth — To abate and remove nuisances, and
authorize and direct the summary abatement thereof.

Fifteenth — To make regulations to prevent the intro- ne»ith gwrdcd.
duction of contagious diseases, and execute the same for
any distances not exceeding two miles from the limits
thereof.

Sixteenth — To regulate the storage of gunpowder and
other combustible materials.

Seventeenth — To provide for the prevention and extin*
guishment of fires, and to organize and establish fire com-
panies.

1857. ST2

Eis^hUtn/.h — To provide the town with water, for tlie
extinguishment of fires and for the convenience of the in-
habitants.

.Yinefefnfh — To provide for inclosing, improving and
resjulating all public grounds and other lands belonging to
said town.

Tircntieth — To provide for erecting all necessary pub-
lic buildings for said town.

Ttrcnti;-Jirst — To make all necessary regulations to
secure the general health ol the inhabitants thereof.

?•»•«* i«i.'ti«»- Tw(utt/-secitnd — To suj>press ami prohibit the selling,
•M »<••«. bartering, exchanging and traffic of any wine, rum, gin,
brandy, whisky or other intoxicating liquors within the
limits of said town: Pruvii/cd, that tlioy may allow Ixma
fide druggists to sell the same, in good faith, for purely
medioinal, mechanical or sacramental purposes, and for
no other purpose.

p>T«Mt or <M>t, Tii'cnlij-lhird — To provide and apprcpriaip for the pay-
ment of any debt or expenses of the town or corporation,
;\nd to fix the compensation of town officers.

Tu'enti/'fourlli — To make all ordinances which shall
be necessary and ])roi^i'r for carr}iiig into execution the
powers S|>ecified in this act, or whicli they may deem
necessary or expedient for the better regulation of the
internal police of said town, and to execute the same;
and impose fines, forfeitures and j)eiialties for the breach
of any ordinance or niiy of the provisions of this av t, and
to provide for the recovery and ajjpropriation of such
lines and forft'itures and the enforciinent of such penal-
^ ties: Prorultd^ that in no case, except in assaults, assaults
•^ and batteries, riots or affrays, shall any such penalty
exceed the sum of twenty- fiv*; dollars fur any one offence.

Ts'w — iu t u. ^ 8. That the jiresidtnt and trustees of said town
shrill have power to appoint a town constal)le for said
town, whosr duty it shall be, when so appointed and
sworn into office, to execute, any where in Mercer county,
any writ, prorcss and precept whiih may he issued against
any pcmon <>r persons for the violation of any ordinance
of said corpor tion or of tin- provisions of this act, and
to arrest, on vi«-w, any and all persons who may violate
the name, and to take them before any justice of the
peace of said town, and to collect any fine for forfeiture
•nd penalty which may be assessed or recovered for tije
u»«5 of said town : Pravilvd, that any other constable
may ex'TUte any process isriicd by ariy justice of the
peace by virtue of this act. Also, to appoint a clerk,
•treet commiisioner and all other officers that may bo
oeecfiary, and to prescribe their duties, and may recjuire
bond* from the several officers for the faithful discharge
of their duties.

87a 1857.

g 0. The president and trustees shall require their oierk'nouiiw.
clerk, and it shall be liis duty, to make and keep a lull
and faithful record of all their proceedings, by-laws and
ordinances, and of the time and place and manner of the
publication of such ordinances and laws, in a book to be
provided for tliat purpose; and such book, ]nirporting to
be the record of the corporation of the town of Keiths-
burg, shall be received in all courts, without further
proof, as evidence of all stich matters therein contained.
And all ordinances, before taking effect, shall be ]>ublished
at least ten days in a newspaper published in said town or
by posting up copies df the same in three of the most
public places in said town.

§ 10. Any fine, penalty or forfeiture incurred under sa,t; at i«w.
this act or any by-law or ordinance made in pursuance
of this act or of any act that may be passed amendatory
of this act, may be recovered, together with costs, before
any justice of the peace, in the corporate name of said
town; and several fines, forfeitures or penalties for
breaches of the same ordinance or bv-laws, not exceed-
ing one hundred dollars, may be recovered in one suit;
and the first process shall be a summons, unless oath or
affirmation be made for a warrant by some credible per-
son; but in all cases of assault, assault and battery, affray
or riot, a warrant shall issue for the arrest of the offender
or offenders, in same marmer as for offences against the
laws of the state of Illinois. It shall be lawful to declare,
generally, for debt, for such fines, penalties or forfeitures,
stating the clause of the act or tiie ordinance or by-law
under which tiie same are claimed, and to give the special
matter in evidence under the declaration; and the justice
shall proceed to hear and determine the case, as in other
causes. Upon the rendition of the judgri/ent for any such
fines, penalties or forfeitures, the justice shall issue his
execution for the same and costs of suit, which may be
levied upon any personal property of the defendant or
defendants, not exempt from execution. If the constable
shall return upon such execution "no property found,"
then the justice shall issue a capias against the body of
the defendant or defendants, and the constable shall arrest
such person or persons and commit him or them to the
jail of the county, to remain forty-eight hours; and if the
judgment and costs exceed five dollars then to remain in
close custody in said jail twenty-four hours for every two
dollars over and above the said five dollars, and so iu
proportion to the amount of the judgment and costs ;
Pruvidtd, /tuwerrr, if the said president and trustees, or
their attorney, shall require a transcript of the judgment
and costs to be certified to the clerk of the circuit court
of the proper county, to have the same levied upon real

lSr>T. 874

property and signify the sfime in writincj to luni, lie sliall
not is.<ue a capias, as aforesaiil, but shall, without delay,
certify a tranioript thereof and all the proeepdinjjs, aecord-
ing to law to such clerk; which shall he filed and reeo»-ded
as in other eases; and suoh judornient shall have tlie same
force and etlVct as judgments rendered in the cirenit court:
Provii/tu/j an appeal may he {^ranted, within five days
after the rendition of judi^nient, with the same force and
eftVct, rights and privileges to all parties as in other cases.
jMij««« at iht ^ 11. The justices of the peace and constables who
*"' may render services under this act shall be entitled to
the same fee? and collect them in the same manner as
is or may hereafter be \>t tvided by law in other cases.

§ I'J. The president and trustees shall not be re(|uired,
in suits instituted under this act or orduiance passed by
virtue thereof, to file, before the commencement of any
suit, any security for costs.

^ \'^. The inhabitants of ^aid town are hereby exempted
from working upon any road beyond the limits of said
corporation and from paying any tax upon property within
its limits to procure laborers to work upon any such
road.

§ 11. All fines for forft-ittires and penalties received or
collected for the breach of any ordinance or this act
shall be paid into the treasury of said corporation, by
the officer or person receiving or c< llectirig the same.

§ 15. All ordinances, by-laws and resolutions passed
by the ]tresident and trustees of the town of Keilhsburg,
as incorporat«'d under the general law, and whic^h are
now in force and not inconsistent herewith, shall he and
remain in full force until the same shall be repealed by
tfie president and trustees of the corporation created by
this act.

j5 1*». Ail actions, rights, fin«<j, penalties and forfeit-
ure«», in suit or othcrwis*-, which have accrued to or have
been commei ced by the president and trustees of said
town, incorporated under the general law, shall be vested
in and prosecuted by the corporation hereby created.
••fc- § 17. The flub-Jcription lnTi-tolnre made by said cor-
orntion to the capital stock of the Warsaw and Uoekf<»rd
iailroad Company, of a sum not exceeding twenty thoti-
sand dollars, to be paid fur in town botuls, to run for
twenty yt-ars, at an interest not exceeding ten per cent.,
if hereby legalized and confirmed, to the full extent and
for \h'' purpose which subscription was made; and the
president of said corporation is her«hy fully authorized
•nd cmpfjwfr'Ml to execute and issue sairl bonds, under
hit hand and the corporate seal of said town; and for pay-
raenl of wltich bonds and the intereit accruing thereon,
(if the fame becomes due, the faith of said corporation

875 1857.

shall be fully pledged and bound; and whenever said bonds
shall be issued a lit n is hereby declared to be created
against all the real estate within the bounds of said cor-
poration, to secure the faithlul paymtnt thereof and the
interest that may accrue thereon; the said president and
trustees are hereby vested with full power to make provi-
sion for the payment of the same, by levying a special tax,
to be collected as other taxes are herein provided for.

§ H>. All property, rnal and personal, or any estate or onrpwv^r-
interest therein, held by or belonging to the ]>resident and
trustees of the town of Keithsburg, as at })resent incor-
jtorated under the general law, for the use of the inhabi-
tants thereof, shall be and the same are hereby declared
to be vested in the corjioration hereby created.

§ '20. 'I'his act shall not invalidate any act done by
the president and trustees of the town of Keithsburg, as
at present incorporated; and all taxes assessed in favor of
said town corporation or other moneys belonging thereto,
which have not been ])aid into the treasury thereof, shall,
when collected, be paid, into the treasury of the corpora-
tion hereby created.

J> 21. This act is hereby declared to be a public act,
and may be read in evidence in all courts of law or
equity within this state, without proof.

Approved Feb. 10, 1857.

AN ACT to amend "An act to incorporate the college therein named," »«b. 16, 1887.
in force February lyih, 1835.

Section 1. Be if enacted hy the people of the state of
UlinuiSf represented in the General ^Qssemhly., Tliat the
trustees of Jonesboro College be and they are hereby
authorized and empowered to hold, over and above one
hundred and sixty acres by them purchased, or donated,
for a period of ten years, without exposing the same to
sale, to any amount, not exceeding ten thousand acres at
any one time, anything in the twelfth section of the act
to which this is an amendment to the contrary notwith-
standing.

^ '1. That the proviso to the seventh (7) section of thuUm.
said act is hereby repealed, so far as the same relates to
the Jonesboro College.

§ :^. That Willis Willard, W. L. Dougherty, Henry Dish-
on, Tiiomas Hih-man, Jolin E. Nail, Charles Willard and J.
V. Branlc, and their successors, are hereby constituted
and appointed trustees of the Jonesboro College; and by

1S57. 876

thtt name and style shall have perpetual succession, sue
and be sued, and have and possess all tlie rights ajiper-
tiiinini^ to the original trustees in said act nanuul.
ri*%Mtfi: ^ 4. That the prosiilt-nt now elect shall hold his office

until the tirst Muulay in May next, at wluch time an
election shall be held tor jiresident and other otficers of
said inco'"poration, and ever thereafter elections shall be
held on the first Monday of May, in each and every
year.

jj "». Tiiis act to be a public act, and be in force from
and after its passage.

Approved Feb. 16, 18.37.

rf«. It, iSffT. AN* ACT to amend ati act enfillod "An act to incorporate Metropolis
Citj," approved Ki-bniary -JSth, A. D. ISIf).

Section 1. Be it enacted h\j the people of the state oj
Illinois^ repreaented in the Genera/ Jlssenibly, That the
said act to incorporate Metroj>oIis City be so amended as
to grant to the presidi-nt and trustees of said city the
exclusive right to grant licenses to groceries and tippling
houses and to shows and all other public exhibitions kept
or exhibited therein.
LK«ai««. § 2. That the said president and trustees shall have

the exclusive right to fix the amount to be paid for licen-
ses referred to in section one of this act, and that all
sums of money which may be received for licenses grant-
ed as aforesaid shall be }>aid into the treasury of Metropo-
lis City.

§ 3. That whenever the plat of any addition to Me-
tropolis City is filed for record in the office of the recorder
of Nla«!«ac county the space contained within the limits
of said plat "hall be [><irt of and ini hided in the corpora-
tion of said city, and sul»ject to all the provisions of this
act and the act to which this is an amendment.

§ 4. That this act shall be in force from and after its
passage.

ApfaovKD Feb. 16, I'^ol.

877 1857.

AN ACT to authorize the supervisors of Kendall county to employ some peb. 16, \Mi.
suitable peraou to transcribe certain recorda in La Salic cuunty.

Section 1. Be it enacted by the people oj the state of
Illinois f represented in the General *Jssc/n/jli/, Tliat I he
board of supervisors, while in session, or a majority of
tliem, in vacation, be and hereby authorized to employ
some suitable pei-son to transcribe into a well bound re- TmnM-nbing o
cord book the records of all deeds, title papers, certifi- ""^"'' **
cates, patent^, town plats, and all other writidgs pertaining
to lands in Kendall county, recorded in said county of La
Salle previous to the organization of Kendall county, and
also to prepare an alphabetical index and an index of grant-
ors and frrantees, similar to that now kept in the ottice of
the clerk of the circuit court of Kendall county, noting at
tlie head of each instrument transcribed the time when the
said instrument was filed, and the book and page where
recorded, as the same appears in the records of La Salle
county.

§ -. The books and other stationery necessary for the «ip»n(>e« of
purposes aforesaid shall be procured by the ptrson em- ''*'^" ****
ployed to transcribe the same, and [»aid for by said county
of Kendall, as other stationery; and, when completed, said
record having been first carefully comjiarcd by the clerk
of the circuit court of said county of La Salle, or his de-
puty, in connection with the person so employed, or other
competent person, shall be certified to by the clerk of the
circuit court of said county of La Salle, under the seal of
said circuit court, and by the person employed to trans-
scribe the same under his iiand and seal; which certificate
shall state that the same ha? been carefully compared as
aforesaid with the original records remaining in tlie office
of the clerk of said circuit court of La Salle county, and
that the same is truly copied therefrom, and that the
time of filing and tbe book and pages of recording said in-
strument, as noted in said copied record, are truly set
forth therein, as appears by the original records. After
which said copied record shall be returned to the office of
the clerk of the circuit court of Kendall county, and shall
become, to all intents and purposes, a record of said office;
and the same and certified copies therefrom shall be evi-
dence in all cases the same as other records of said office
or certified copies thereof.

§ o. The person so employed, as aforesaid, shall re- oompentkUos.
ceive compensation for his services at the ft)llowing rates, to
wit: For transcribing said records, ten cents for each one
hundred words; for transcribing eacii deed or instrument
transcribed, twenty cents; fiir indexing the same, in each
index, five cents; and the clerk of the circuit court of La
Salle county shall be entitled to twenty cents for compar-

1857. 87S

ini; eich instrument, and for his certificate to said record,
five dollars; and lor the use of liis otfioe and fuel or light
a reasonable compensation, to be allowed by the board of
supervisors of Kendall county; which accounts shall be
audited and allowed by the board of supervisors of Ken-
dall county, as in other Ciises.

^ 4. This act shall be a public act, a;id in force from
and after its passage.

Approvkd Feb. Itj, 1857.

/••. t*t 1&5T. AN ACT to incorporate the "Starved Rock Manufacturing Company,"
•mi to authorize saitt company to build a dam across the lIlinoiB river
and use the water power thereby created.

Section 1. Be it enacted hi/ the people of the state qf
JUinois, represrn/ei/ in the General jissstttihly. That Lu-
cien P. Sanger, Willis M. Ilitt and Isaac R. Ilitt, and their
associates and successors, are hereby created a body poli-
tic and corporate, under the name and style of *' The
**'•• Starved Rock Manufacturing Company," with perpetual

succession ; and by that name may sue and be sued, plead
and be impleaded, in any court o( law or e(juity in this
State ; to make, have and use a common seal, and the same
to alter at pleasure; and said com|)any are hereby invested
with all the powers, priviletjes and immunities which are
or may be necessary to carry into effect the provis ons of
thi.<i act.
tok«ii] • § 2. Thi re is hereby granted to said corporation the
* right to ]ocatt<, construct and fitially to com))lete a dam
across the Illinois river, iit any point on said river within
one mile above or below Starved Rock, on said river, in
the county of La .Salle, and to use the water power thereby
created, for hydraulic purposes, and to construct and
maintain all the races, structures, mills, factories and
ihopt necessary for an advantageous use of said water
j»ower, and to discliarge the waters at such point or points
as may be deemed necessary by said company.

^ ''',. The capital stork of said company shall be
fifty tliousand dollars, with the privilege; to incri'ase the
same to two hundred and fifty thousand dollars. The
same xhall be divided into shares of one hundred dollars
each which shall be assignable on the books of the compa-
ny oiily, and after the payment of all indebtedness due to
said corporation from the holder.

§ 4. Thi- persf>iis appointed by this act, or a majority
of them, iihall open hooKs and receive Hu'Mcriptions to the
Stock of said company \ and as soon as the sum of twenty-

loc»
tMata«r**f

t*^

879 1867.

five thousand dollars of said stock shall be subscribed they
may call a meeting of the stockholders ; and at such meet-
ing the said stockholders shall have power to frame a body
of laws, for the appointment of all the officers and agents
of said coinj)any, and for regulating the operations of f^aid
company, and to alter the same in the manner to be pro-
vided in said by-laws: Provided^ that the same shall con-
tain notliing inconsistent with the laws or the constitution
of this state.

6 5. Said comi)any may require payment of amount of '''^'"•"'" "*'

»•• III 1 !• »crjpt)<.B.

subscription to the stock as they ni«y deem best for their
interests, and may demand and enforce the collection of
the same by the ordinary course of law, and may provide
for the forfeiture of delinquent stock in fucli manner as
their by-laws may direct.

§ 6. It shall be lawful for said corporation to enter
upon the lands adjoining said river and works and make
the necessary levels and surveys for said dam and races.
And in case the said dam shall cause the waters of said
river tooverllow the lands of any person, and said compa-
ny shall fail to agree with said person as to the amount of
his compensation therefor, the same may be determined
and settled in accordance with the j)rovi.sions of chapter
seventy- one of the Revised Statutes, entitled "Mills and
Millers."

§ 7. The said company shall have power te lease all ^•**» *' ■*"'
the water power arising from the said dam to oe built,
under such regulations as they may deem proper ; and
they are authorized to borrow money, to be used in the
construction of said works, and to issue bonds for said
loan, at any rate of interest not exceeding ten per cent.
per annum, and to secure the payment of the same by
mortgage or convey by deed of trust all its property and
franchises.

§ 8. The rights herein granted shall not interfere with
tlie rights of the state to improve or authorize the improve-
ment of the Illinois river; and if said river shall at any
future time be made navigable to the point fixed for the
erection of said dam the state shall have the right to erect
or to authorize the erection of a suitable lock in the dam
of said company for the passage of all boats or crafts nav-
igating said stream.

§ 9. The said company shall commence the erection
of said dam within three years and complete ihe same
within ten years from the passage of this act.

§ 1<>. This act shall be deemed a public act, and shall
take effect and t)e in force from and after Us jtassage.

Ai'pRovKD Feb. 16, 1867.

1551

880

•(/*«

• i M iiA p«««r«.

r«». i<» isfi. AX ACT to incorporat* thf •* idlls Grove Acadcmv." in MiDonough

couuty.

Skction 1. ^e* a enticfti/ hy the people oj the state oj
IHiiwis^ repreacnteii in the dent rat *issttn!>ti/y Tliat AIdiizo
Blair, JaiUfS Jarvis, Matthew MiLauglilin, Dr. — Young,
J. U. Nioliols, James Stroiul, A. G. Owen, Asa Decker,
Jolm A. llolton, and their a.<sociates, be and they are
hereby created a body politic and corporate, by the name
aud style of " The Hills CJrove Acaileniy;"' and by that
name and style to have perpetual succession. The said
institution to be loc;ited in tlie town o( Hills Grove, and
state of Illinois.

§ -. The corporation hereby created shall have power
to contract, to sue and be sued, to j)Iead and be implead-
ed, to grant and receive, by their corporate name, to ac-
cept ol" donations, to acquire by purchase or to sell pro-
perty, real, personal or mixed, in all lawful ways and
means; to use, manage, employ and dispose of all such
projieriy or money belonging to said corporation, as to
them <hall seem meet, for the jiromotion of the objects and
interests of said corporation; to have a common seal, to
alter and change the same at jdeasure ; to make and estab-
lish all such by-laws and regulations for the management
of said institution as may seem necessary and j)roper, and
not inconsistent with the constitution and laws of this
state or of the United States.

§ 3. The stock of said company shall consist of shares
of ten dollars each ; to be subscribed in such manner as
the trustees shall direct, and which shall bo d»'emed per-
sonal propeity, and shall be transferable on (lie books of
said corporation, as the board of truster's jnay prescribe.
The capital stock shall not exceed the sum of twenty
thousand (J'SOUOi dollars.

§ 4. The corporation of said institution shall grant
scliolarshii'S and remuneration^, in form as follows, which
sliall be Iransft-rablu : To any ptrson owning one share or
more, free admission to the library of the institution ; to
any per»on owiiing two shares, free tuition in the institu-
tion for three (•>; inontlii* ; to any one owning three shares,
fix months' free tuition; five shares, one yiar fn;e [tuition ;
ten jihare"«, two years' free tuition; twenty shares, three
year«' free tuition; forty shares, four y»ars' tree tuition;
«*ighly "I'Mirf", five years' free tuition; oin- 'miidred shareH,
fix years' free tuition in any of the departments of the said
ioititution.

^ it. Whenever tlin capital stock shall amount to the
mil ' ' iii'd MOoo^ dollars llu-re shall be elected

by , each sharo being entitled to one vote,

or tii« ir pr"xic«, twelve Irnitre^, lo niaii;ige the jitfHirs of
the laid corporulion, four (J whom shall bu elected lor one

Ca^ui %i*rt.

k*«lM»ik>;«.

rlw»^«m.

881 1857.

rear, four for two years, at d four for tliree yearf». TliPre
.■^hall be an election, annually, at the time ot tli** first elec-
tion, to fill vacancies. Notice of said elections shall be
posted in at h^ast three conspicuous places in the town in
which the s:\id academy is located, leu days previous to
the time of said election.

§ 0. The trustees of said corporation shall ha"e author- "^'"'f •
ity to pre<!cribe and regulate the course of studies to be
pursued in said academy; to fix the rate of tuition and
other academical exjienses ; to ajipoint instructors and
other otfiners and agents, as may be necessiiryin managirig
the affairs* of the institution; to define their duties, fix
their compensation ; to displace or remove them ; to erect
necessary buildings ; to purchase books, chemical and phi-
losophical apparatus; to establish a library and other suit-
able means of instruction ; to mako rules for the general
regulation of the conduct of the students ; to suspend or
expel any student whose habits are idle or vicious, or
whor^e moral character is bad, or who reluses to obey the
rules of the academy.

§ 7. The board of trustees, at their first meeting, shall omorxcf t-oar
choose one of their number president and another as
secretary, and some person as treasurer; and said boai^d
of trustees may meet for the transaction of business, as
often as the presitlent may direct, or at the request of any
tliree of said trustees — any seven of whom shall consti-
tute a quorum for the transaction of business. The trea-
surer of the institution shall always, and all other agents
v.'hen required, before entering upon the duties of their
appointments, give bonds for the security of the corpora-
tion, upon such conditions and in such penal sum and with
such securities as the board of trustees shall approve; and*
the trustees shall be responsible for the faithful discharge
of the duties of all officers or agents appointed by them.
The secretary shall keep a record of the proceeding's of
all meetings of stockholders and directors, and cause the
notice of annual elections to be given, as required in sec-
tion five (.V).

§ 8. The said institution shall be open to all religious
denominations, and the profession of no religious faith shall
be required of either officers or j)U[)iIs.

§ ".>. Tlipre may be attaclied to said academ)* a prima- Prim«nr derati-
ry department, in which shall be taught all the branches
which are usually taught in i-ommon schools in this state.
Said department may become and thereafter constitute the
common school of the district in which said academy may
be located, in manner as hereinafter provided.

g 10. After the pas-sage of this act, or when the capital
stock of t!ie corporation sliall have reached the ?um of ten
hundred dollars, there may be levied by the school dirtc-
—78

went .

1?57. 882

tors of the district in which tlie said institution may be
,4,. locitttd, a t;:x on all taxablo property in said district lor a

sum not txceedinp; five hundred dollars, for two consecu-
tive years, to be applioil lor the erection and furnishing
a school building ; alti r which there shall be a meeting of
the legal voters of the said district, for the purpose of
voting for or against appropriating the tax levied toward
theereiM-ng atui furnlsliing the building to be erected and
furrushed l»y this corporation ; at which meeting the said
directors shall he judges and shad appoint a clerk from
among the legal voters present ; and if a majority of the
legal V )ters present shall be in favor of such approj)riation,
th« n saiil primary department shall constitute the common
school of said district, and the trusteeis of said academy
shall thenceforth constitute the school directors of said
district, and shall exercise all the powers and discharge
all the duties which now are or which may hereafter be
conferred by law upon school directors in this state; shall
receive from tlie school treasurer of the township the same
jToportion of money and apply the same to the support of
the said primary department in the same manner as other
common schools are paid and kept : Provided, that the
teachers or instructors of the said department shall be
selected by the trustees and be under the control of the
by-laws of said corporation: »'?;?r/, jirovidtd, Jiirfher^\^
DtTikka of <ii»- at anv time said district shall l)e divided or said academy
'"^- sliall be set olV into any other district, then said depart-

ment shad constitute the common school of the district in
which said academy shall be located for the timtj being.
And the legislature hereby reserves to itself the right to
alter, amend or repeal fio miich of this act as relates to
said common school, whenever a majoiity of the legal
voter" of said district shall petition for such alteration)
amendment or repeal.
Tr«^»«« MmM, § 11- Tlie above named persons shall be deemed trus-
•*^iai«4 t^:- (,.p, until others shall be elected ; and they are hereby
empow* r«(l to appoint all necessary agents and ollicers,
wiioite offices shall cNpiie with their own ; and all bar-
gain* and contracts made by them and all P»ibscrij)tions
obtained to the stock of said corporation, together with
all other acts d(Hie \^ them, as such trustees, arc hereby
confirmed and made as binding on all the parties intc-
rejtfed a-i if RU .h bargain, contract, subscription and other
act«i ha<l be«-n m.ule after the pa.-isage of this act.
T! ii aet to be in force from and after its passage.
Approved Feh. 1<'>, 1H'»7.

883 185/.

AN ACT to incorporate Monmouth College, in Warren county. c»). itJ, iSfii.

Section 1. Be it enactcil hij the people of tlie state of
IllinoiH^ represented in the General ^^ssemhly, TUat there
be and is hereby created and established at Monmouth,
in the county of Warren, in this state, a collegiate semi-
nary of learning for the instruction of youth in tlie various
brandies of science and literature, the useful arts, and
the learned and foreign languages.

§ 2. That the said college shall be called and known N:.mo anuty «.
by the name and stjle of "The Monmoutl. College."

^ 8. That J. C. Porter, H. Allen, II. M. Bogges',
T. Eldridge, Thomas H. Gowdy, William Graham, Wil-
liam M. Hays, Channcy Hardin, James G. Madder, J. R.
McAllister, Samuel Miller, James Thompson, Mutthew
Bigger, P. Dieiinnn, E. ^Klliot, A. Y. Graham, A. C Har-
ding, Wm. R. Juncson, Robert C. Matthews, David
McDill, John McClanahon, James Pinlcerton, Robert
Ross and John A. Young, are hereby constituted a body
politic and corporate, by the name and style of "The
Monmouth College;" and by that name shall have perpet- General p^werx
uhI succession, and a common seal, which seal they may »' ""ustco*.
alter at pleasure; may sue and be sued, plead and be
impleaded, with power to purchase, receive and hold to
them and their successors forever, any lands, tenements,
rents, goods and chattels, of what kind soever, which
may be purchased by or may be devised or given to them
for the use of the said college; and to lease, sell, rent, or
otherwise dispose of the same in such manner as shall
seem most conducive to the advantage of said college; to
elect and employ such president, professors, instructors
and tutors, for the benefitof said college, as they may deem
necessary; to select and employ a treasurer and such
other officers, agents and servants as they may see proper;
to make, ordain, establish and execute, or cause to be
executed, all such by-laws, rules and ordinances, not
inconsistent with the constittition and laws of the Uiiited
States or of this state, as they may think necessary for
the welfare of said college, the good government of the
professors, instructors, tutors, agr>nts and students of the
same, and generally to do all acts necessary and pro|)er
to promote the welfare and prosperity of said college. Said
trustees shall be so arranged in three classes that one-
third of their number sliall go out of otfiee in each suc-
cessive year at the time of the regular anntial meeting of
the Synod of Illinois, of the Associate Reformed Presby-
terian Church of North America, and as suoh vacancies
occur they shall be filled, three-fourths of the numb- by
the said synod, and the remaining one-fourth by the board
of trustees themselves.

i^:j. SS4

r^M««t •! 5 4. The ]>re.<itlent of sniil colleEje, by and with the

'■'*'■**'"*' '^ a ilv ice of 5:uil trustee?, sliall have j>owrr fiom time to
time to ordain, regulate and establish tlie course and
mode of instruction and education to be pursued in said
collecje, and together wiih such professors, instructors
and tutors as the corporation may designate, shall be
staled '*The Facility of the Monmouth CoUoge," and
shall have power to adopt and enforce such rules as may
be deemed ex})edient for the good government of the
institution, which rules and regulations shall not be incon-
sistent with the constitution and laws of the United States
or ol this state, nor with the by-laws and ordinances of
the corporation, and shall remain in force until disap-
proved of by the trusti-es present at any meeting, or a
quorum of tfiem, and no longer.

^ ."). The said trustees shall have power to establish
departments for the study of any and all thr learned and
lilural professions in the samr; to conlVr such degrees as
«»re usually conferred in similar institutions in the United
States in the learned arts and sciences. The said trustees
may also attach to said college an academical or prepara-
tory department, and a female department.

I: § (J. The said trustees, or an} six of them, shall have

power and authority to meet at such times as they shall
think necessary, for the examination of any candidate for
liter!»ry degrees, and they are hereby authorized and
empowered, upon recommendation of the faculty, to confer
such degrees on such persons as in their opinion shall
merit the same, in as ample a manner as any other similar
instituJon can do, and under their common seal to grant
testimonials thereof, signed by the faculty of the college.
The said trustees, or a fiuorum of them, shall elect a
president, who shall preside at all meetings of the board.
The president and any eight of the trustees, shall at any
lime fofm a rjU'Tum for the transaction of business, or in
tjje a*»seiH.e «4 the j»resident, nine of the said trustees, of
whoiri one .shall be elected president, pru /(-///jH/rc, shall
f'jrm a quorum; and shouhl there he at any meeting less
than * quorum, they (ihall have power of adjourning from
time to time, until a quorum shall be had.

T u Mwtr. g 7. The said trustees, or a quorum of them, shall

elect a treasurer, wkom they may remove at ])leasure,
wli'i nhsll give bond, with ajipfftved security, ])ayal)le to
the trunteeu by their name aforesaid, and their successors,
faithfully to di^eharg*; the duties of his said office, and
»litll render an account of all moneyw, goods and chattels
received and expended !)y him on account of and for the
life (f Bald college, atxj oil fillun- or refusal to do so shall
be »ubj<rt to the lil<e proeei-dirig , as are prftscrihed by
Iiw in C8«ef of cmnty treasurers in tliis state : Pruvidedy

885 18:;7.

that no appropriation, payment or disbursetnont sliail at
any time be made by tbe treasurer, but sucb as shall be in
pursuance of the directions or order of the trustees.

5 8. The said trustees, or a full quorum of them, shall '• •»tr <.t ifu«
ave ])Ower to remove or suspend the presulent or any ot ..M..i,of m.-.i
the professors, instructors or tutors at any time; and '"""•
when there shall be a vacancy in said board of trustees,
occasioned by death, removal, resignation or refusal to
act, the vacancy or vacancies, if of the one-fourth
heretofore provided to be appointed by the board of trus-
tees, shall be filled by the said trustees permanently, and
if of the three-fourths heretofore provided to be filled by
tl)e Synod of Illinois, of the Associate Reformed Presby-
terian Church, shall be filled by that body: Proii(/((/,
that the trustees in office may appoint persons to fill
vacancies in said three -fourths so appointed by said
synod, who;5e term of service shall only continue until
the said synod shall take action on the case. The presi-
dent of the board, with the concurrence of two of the
trustees, or any three of the trustees, shall have power to
call special meetings of the board.

§ 9. Wtiencver any trustee shall absent himself for vn.ati le-..
three successive regular meetings of the board of trustees,
without assigning a sufficient reason at the fourth, the
trustees of tlie said college, or a quorum of them, shall
have power, by entering it on their minutes, to declare
his seat vacant, and may elect a new trustee to fill such
vacancy, who shall, if one of the said three-fourths, hold
his o.tice until said synod shall fill the vacancy perma-
nently, and if of the one-fourth to be appointed by said
trustees, permanently.

§ 10. There shall be stated meetings of the said trus-
tees, to be held at such times as the said trustees may
appoint: Fruvuhcf) that the said trustees shall have power
to alter such day as to them shall seem expedient from
time to time.

§ 11. That the said board of trustees shall never be
less than eleven nor more than thirty in number, and the
said synod of Illinois, from time to time, at any meeting,
may, by appointment, create additional trustees, not ex-
ceeding in all the greater number specified in this sec-
tion.

§ 1'2. The tract of land on which the buildings of the
said college may now or hereafter be erected, together
with all the furniture, book, apparatus, and all property,
real and personal, moneys, effects, notes, bonds, bills and
evidences o( indebtedness belonging to said college, shall
be and is hereby exempt from all taxes.

§ 13. Said corporation may issue certificates of schol- ceTii.v,io« vi
arship, limited or perpetual, upon such terms as the cor- '^^"^•"^'f-

1367. SSC

roration and tlie party ooutractlng for the scholnrship
wav ngrt-e; ami the benefit of such seholur>hii) shall inure
to the hohVr thereof, his or her assigns, so lon^ as the
covenants therein agreed to by the i)erson or jursons
contracting for or lawlully owning such scholarshij) shall
"continue to be faithfully jjerfoimtd, ami no longer, except
at the option of the corporation.

5 11. N> niisnonit r of said corporation shall defeat or
annul any gift, grant, bequest or devise to or lor said cor-

{loration, for tlie use and benefit of the INIonmouth Col-
ege or any department tlieieof: 7Voi/</( </, the intent
oJ the party or parties making such gift, grant, devise or
bequest be jJUtlicientl} manifest.

5j 1."). The trustees of said college are hereby fully
authorized and en)j)o\vered in their cor})orate name to
collect all subscriptions or donations, de\ i<:es or bequests
which may have been made, or which shall hereafter be
made to and lor the use and benefit of the said college or
for the purpose of foundinir and establishing thp same.

^ IG. This act shall be deemed a pnhlioact, and may
be used as evidence without biing sj)ecially pleaded, and
without prooi.

Approved Feb. IG, 1857.

rf. ic. 1*97. AN ACT to incorporate Evanslon Pier Coinpany.

Whereas George F. Foster ami othirs have associated
theui!»elves togethtr for tlie jitirpose (jf hiiihling a bridge
pier in Lake Alichigan, at I'.v.mston, in Cook county;
and whereas ii cominitte, duly a|)puinted and anthnri/ed,
Ijttve secured a portion of the stock for building the
same and have contracted to have the said pier built;
therefore,

Section 1. lir itiiuirtrd In/ tlie pc<>])le oJ the stale of
lUiuiiiny rejtrrsnilnl in the (rene?'al .^Isstmhly , That said
George F. Foster and all siich oth^r persons as arc or may
hereafter be associated with him, their successors and as-
signs, be and are hereby constituted a body politic and cor-
vmm wa «7t«. porate, by the name of "Evans on Pier Company;" an<l by
that nam*- they Mhall be capable in law of (Contracting and be-
ing contrat 1(m1 with; ot suing and being sued, and of jdiading
and being impleaded in any cr)urt of law and e(|uily; and
Ihey are hereby auth(»ri/.ed to construct, maintain ard
op*rate a bridge pier in Lake Michigan, at Kvanston, in
Cook county, and to ac(|uirc, hold, occupy and enjoy all

887 ISoT.

such real and personal estate as may be necessary and
proper to carry out the purposes of this corporation.

§ 2. The capital stdck of said company sha^l not ex- f «iit»i n '^
ceed forty thousand dollars, and be divided into shartS of
fifty dollars each, and the stock shall be transferable up-
on the hooks of the company.

§ 3. The business of said company shall be transacted P'r^cior*.
by five directors, to be chosen annually, and George F.
Foster, P. Judson, F. H. Benson, Geo. W. Reynolds and
John L. Beveridge shall be and ar*' constitutefj the first
board of directors. The directors shall have lull j)ower to
control and manage said pier, to establish rates of whar-
age and collect wharfage dues; to appoint necessary agents,
and to make all needful rules, regulations and by-laws
for the management of the business of said company, and
to secure and collect the necessary stuck for building
said pier.

§ 4. Each stockholder shall be individually liable only ^i«^iutie^ cf
to the amount of his stock, and the stock heretofore sub-
scribed siiail be binding upon the stockliolders respective-
ly, and upon the passage shall become the property of and
vest in said company; and the contract made by said com-
mittee and all acts done by them in j)ursuance of the au-
thority vested in them, shall be binding upon said com-
pany; and the said committe or any one of them shall not
in any way be liable f >r the same.

§ 0. At the close of navigation of each and every
year the directors shall declare an annual dividend of tl e
net proceeds arising from operating said pier, and t!ie
same shall be divided among the stockholders according
to the number of shares of each.

§ G. Any three of the directors may call a meeting of Mectii.Kof»tcck-
the stockholders, by giving five days' notice, by posting
up three notices in the town of Evanston, of the time and
place of such meeting; and at any meeting five stockholders
shall constitute a quorum, and a majority of tlie shares
represented by those in attendance shall govern — ea .h
stockholder being entitled to as many votes as he has
shares.

§ 7. This act to take effect from and after its passage.

Approved Feb. 16, 1857.

1S57. 8S8

r<*- I*, J5v**. •''^^' ACT to amend an act eiUitlod ••An act to 'incorporR(i» (lio town of
P*ri!i." approved Feb. 12, 1853, and to reduce the corporate limits of
sakI lowu.

Skction 1. Jie it cnacled bi/ the people tf the state oj
iftwoisy re/iresenfti/ in the Genera/ ^t'ssemb/i/y Tliat the fol-

B.>ar.CA:.<^ lowing tfact Of parcfl of laiul, Iviuo; in lot numbered two, of
lljenortlit-ast »ju.i;ter of section one, in townsliip thirteen {io)
north, of range twelve wtst of the seconil principal meii-
tlidii, auJ part of the northwest qtiartcr of the same sec-
tion, town and range, and bounded as follows, to wit: Begin-
ning at the northwest corner of the said lot numbered two;
thence south to the northeast corner of Charles R. Brown's
land; thence west sixteen rods to tlie Chicago roa^l; thence
souih, on the east side of the Chicago road, to the north-
west corner of L. Barker's land; thence east sixteen rods;
thence south, on the line between the northeast and north-
west quarters of said section one, to within one iKindred
and fifty feet of the centre line of the Terre Haute and
Alton railroad; thence in a northeasterly direction, paral-
lel wiih and within one hundred and fifty feet of the cen-
tre line of said railroad, eighty-five rods; thence north fif-
ty-seven rods, to the townshij) line of towns 1-' and 14
north; thence west, with the township line, eighty-five
rods, to the place of beginning, containing thirty-eight
acres, i^be the same more or less,) be and the same is
hereby excluded from the limits or boundaries of the said
town of Paris.

B wi^uriM 5 -. lie it further (uacteil, That all that tract or par-

cel of land bel.ujging to Samuel Utter that lies in the
8dulheast (juartt-r ot section One, i^i town and range as
named in preceding section, that lies south of John An-
derson's ailUjtion and eastof James B. Crawford's addition
to the town of Paris, and east of the land owned by Pelvis
P. Shaw; thence south with Shaw's east line to the north
line of said section twelve; thence east with the line
of said xertion to the range line; th«;nce nurth wiih
the range line to a point that a line running west trom that
point will run with the south line of said Anderson's ad-
dition to Paris, be and the same is hereby excluded from
the corporate iimiti of the said town of Paris : rrtivrdvd^
hoirevrr^ that so much of said land as is taken up by the
road ieadtng from I'.tfio, Ilinoi^, to Terie Haute, Ifidiana,
stiall be and remain within the limits of said irx-orporalion,
anylliing in thii act to the contrary notwithstanding.

^ •>. Tiiat so much of the second section of llie first
article of the "Act to incorporate the town of Paris," ap-
pro'.id February IJth, IKfj;;, to which this is an amend-
»n«*nt, a« includes the lands des(;ribed in the first and sec-
ond hection* of t!ti<« act within the boundaries of tho said
luwn of Paris is hereby repealled, excrplini; lium ihc rt;-

889 1857.

pealing clause herein the proriso to the second section of
tliis act.

§ 4. Tlie boundaries or limits of the said town of Paris
shall hereafter be so known and designated as to con-
form to and with the provisions of this act.

This act shall take effect and be in force from and after
its passage.

Approved Feb. 10, 18^7.

mes of tixi«
loea.

smc«a4 itjic.

AX ACT incorporating the Hamilton College. ^^^- ^^> '^"'•

Section 1. Be it enacted htj the people of the state oj
It/inuis, represenit'd ill t/ie General %^sseinhlij^ That John
Moss, Safford Lincoln, Bryant Bartlett, Thomas McLel- ^'
land, Ators Hamilton and II. W. Sample, and their asso-
ciates, successors and assigns, be and are hereby created
a body cor|)orate and politic, under the name and style of
"The Hamilton College^" and by that name or any other **
they may hereafter adopt, shall be comj)etent to sue and
be sued, plea<l and be impleaded, remain in perj>etual
succession, witli full powers to receive, acquire, purchase,
hold, im[)rove, lease, sell, transfer, mortgage and convey
real and personal estate usual and necessary for the pur-
poses and objects contemplated in this act; may use a
common seal, which may be altered at pleasure ; make,
adopt and enforce all needful rules, regulations and by-
laws necessary for the full and complete accomplishment
and maintenance of the objects of this act, and have all
other powers and ])rivileges usually enjoyed by incorpo-
rations and institutions of this character within this state.

5 2. The principal object ot this organization is to build ^'"'V',".',"!

3 I I J r-TT-I -L lUSlltUtluD.

up and maintain, at or near tlie town of Hamilton, in the
county of Hancock, Illinois, an institution of learning of
the higher branches and the arts and sciences for the edu-
cation of males and females, under the general supervision
and control of a board of seven trustees.

§ o. The persons named in this act shall constiiute and ^,"u^ieeg^ "'
act as tlie first board of trustees and shall hold their offices
until their successors are duly elected and qualified as
provided in this act. The board of trustees are hereby
authorized and empowered to select and procure, by ]>ur-
ohase or otherwise, a suitable location, embracing suffi-
cient grounds, not exceeding forty acres, for the erection
of suitable buildings and improvements for the establish-
ment and maintenance of the colh-rje aforesaid ; and to
open books for the subscription of stock, donations of land,

1S57.

890

D»«iU«a*. fcc

Cap;u: Mock.

money or other property, and appropriate or invest the
same in the purchase of a location, erection of buildings,
improvement of irrounds and successful maintenance of
the objects of this act of organization ; employ teachers,
agents and other ofru'trs, confer degrees, and otherwise
regulate and control the affairs and management of the in-
stitution-

§ 4. It shall be competent #nd lawful for this institu-
tion to receive and enjoy any gifts, bequests, endowments,
legacies and immunities offered or granted to the same,
which 'gift, hr(|iiest, eiuh.wment, legacy or immunity shall
be faithfully and sacre-^iy appropriated and held for the
purpose and specific obj-ct for which it may be made and
directed by the donor or donors; and the real estate upon
which said institution is located, not exceeding 40 acres
and the personal property necessary, all moneys and se-
curities which or the proceeds of which shall be held by
them for educational purposes only, siiall be exempt from
taxation.

§ .'), The capital stock of this organization may be
commensurate in amount with the cost of the location,
buildings, improvements and furnishing of the college
atore^aul, which stock may be subscribed, represented and
held in shares ot one hundred dollars each, and called in,
collected and made transferable in such manner as the
board of trustees shall, from time to time, direct; each
st(.^khoIder to be entitled to one vote for each share of
stof k he, she or they owned or held, ujjon which all
installment^ then due are j.aid, at all elections of trustees
or other meetings of the stockholders, as well as be entitled
to their proportion of the net earnings or dividends of the
institution.

*i2r^ ** "** ^ *'* '^^'^ board of trustees shall elect a president of
said institution, annually, who shall he the presiding and
ex njUcii, officer nf the institution, and shall be authorized
to repre.<»ent the same iti all contracts of the company as
may be prescribed and directed by the board. The elec-
tion of the board of trustees to be had biennially, on the
first Wednesday of May, as follows: There shall be three
in one and four the next year, on said day, alternately of
each year, so that each trustee shall hold his office for two
years and until his successor shall be duly elected. The
first board of trustees to determine by lot or otherwise
who of their number shall hold their (.ffices for the two
years; and the first and succeeding elections shall then
fill up said board annually : Prtnidid^ that a neglect or
failure to liold any of said annual idections shall net invali-
date or injuriously affi'ct the rights and doings of this in-
stitution : .7/if/, pruvLthd^ further^ that no members of the

891 1857.

board of trustees other than the president shall be entitled
to receive or take conn)pnsation for his services.

§ 7. This act to be in lorce from and alter its passage
as a public act.

Approved Feb. IG, 1867.

AN ACT to change the name of William Murray, and to declare him Feb. 16, 1857.
heir at law of Mitchell. Ustick, and for other purposes.

Section 1. Be it enacted by the people of the state of
It/iiiuis, represented in the General %/lssemhhj. That the
name of William Murray, of the county of Whiteside,
adopted son of Mitchell Usticlf, be and the same is hereby
changed to William Murray Ustick: Provided, i\\iii the
said Mitcl)ell Usfick shall, within six months from the
passage of this bill, file in the recorder's office of said
Whiteside county, his statement, under oath, that it is his
desire that the said William Murray be declared his heir
at law.

§ -1. That upon the filing of the said affidavit the said f^.|i"8ot amda-
William Murray Ustick shall be and he is hereby declared
to be entitled to all the rights and privileges which would
belong or pertain to him were he the son of the said
Mitchell Ustick.

§ 3. That the name of Jesse C. Duvalt, of Hamilton
county, be and the same is hereby changed for any, every
and all pur{>oses whatever, to that of Jesse C. Lock-
wood, by which said last mentioned name he shall here-
after be known and called. This act to take eflect and be
in force from and after its passage.

Approved Feb. 10, 1857.

AN ACT to vacate certain alleys in the town of Pri eton ^eb. 16, 1S57.

Section 1. Be it enacted hy the people oj Ih state of
Illinois, represented in the General %^sse7nl)ly^ That the
alleys dividing lots one hundred and thirty-nine (lo'J,)
one hundred and forty (140,) one hundred and forty-one
(141,) and one hundred and forty-two (14J,) from lots
one hundred and seventy-one (171,) one hundred and
seventy-two (172,) one hundred and seventy-three (l"*'^,)
and one hundred and seventy-four (174,) in Eiston's ad-

!*?•

1S5:. 892

dition to the town of Princeton, be' and the same is liereby
declared to be vacated.
T*i«tMa */ *;- J -J. That the alley dividing lots one hundred and
ninety-three (\\^'-\y) one hundred antj ninety-four (ItU,)
oue hundred and ninety-tive (\\K'),) and one hundred and
ninety-six (li»'5,) from lots tw) hundred and twenty-sev'en
(J-T,) two hundred and twenty- eiij;ht ii2-S,) two hundred
and twenty. nine »'2*J!S) and two hundred and thirty (-30,)
in Elston's addition to the town of Princeton, 4)e and t:ie
same is hereby declared to be vacated.

§ 3. This act shall be in force from and after its pas-
sage.

Approved Feb. 10, 1857.

Feft. 16, »aS7. AN ACT to amend the act entitled "An act to reduce the law incorpo-
rating the city of Chicau'o, and the soverai actR ainrndatory tiipreof,
into one act,auil to amend the same,'' approved February l-llli, 1S51.

Section 1. Be U enacted bij the people nf the state of
lilinuisy represented in the General *,Jsseniblijy The com-
i).TiM««f mon council shall, before the next annual election, divide
**''^' the wards of said city into so many and such convenient

election districts, as to the said common council shall seem
proper, and to appoint places for holding elections therein,
and appoint the board of inspectors therefor as now
provided bylaw; and for this purpose they are hereby
authorized to ajijjoint three adtlitional inspectors of elec-
tion for eac.'i election district so crenti'd, whose (jiiahlica-
tions and duties shall be as now prescribed by the city
charter.

;i* 2. All ordinances, petitions and communications to
the common council shall, unhss by unanimotis consent,
be referr«<l to appropriate committe* s, and only acted on
by the council at n subie<ju«'nt meeting, on the report of
the committi e ha\ ing the same in charge. And cny rej)ort
of a rommittee of the council shall be deferred to the next
regular meeting of the same, and the jmblicutiou of the
laid report in the corporation paper may be refjwirtd by
tiie requi-tt of any two aldermen present.

^ •'». Lvery act. ordinance or resolution passed by the
common council beforo it shall take etfect shall be prc-
fcntcd, duly certified by the city clerk, to the mayor for
hii approbation. If he approve he shall sign it, if not ho
nhall return it with hi«» objections in writing to said com-
mon council, who nhall enter said objections upon their
rc«;'ird< and proceed to reeonsi«ler it; and if after sucli
reconsideratioa two- thirds of all the members elected shall

r«<

893 1857.

agree to pass the same, it sliall take effect a? an act or law
of the corporalioi).

§4. If the mayor shiill not return any act, ordinance
or resolution so presented to him within five days, it shall
take effect in the same manner as if he had signed it. ^

§ 5. No contracts shall be iiereafter made by the com- coniracis.
mon council or any committee or member thereof, and no
expense shall he incurred by any of the officers or de])art-
ments of said city government, whether the object of ex-
j)enditure shall have been ordered by the common council
or not, unless an ajipropriation shall have been previously
made concerning such e.\[»ense. The making ot such con-
tracts and superintendence of all public works undertaken
at the expense of said city, shall be committed by hiw or
orelinance of the corporation to some proper officer or
department underproptr rules and regulations preventive
of fraud or collusion therein. And no member of the com-
mon council, head of a department, clerk, city officers,
assistant or employee in any department of .«:aid city, shall
be directly or indirectly interested in any contract, work
or business, or the sale of any article, the expense, price
or consideration of which is paid Irom the city treasury,
under the penalty of his immediate removal from office.

§ (J. All officers of the city whose election by the peo- Arrointed otr-
pie is not p^o^•ided for in tiiis act or the act to which this '^'^*-
is an amendment, shall, after the next annual election, be
appointed by the mayor of the city, by and with the advice
and consent of the common council ; any provision of law in
relation to the appointment or election of such officers
now in force, providing for such appointment or election
in any other manner, being hereby expressly repealed.

TREASURY DEPARTMENT.

§ 7. There shall be, after the next annual election, and
there is hereby established in the city of Chicago, an
executive department of the municipal government of said
city, to be known and styled tlje "Treasury Department,"
which shall embrace a city comptroller, the city treasurer
and the city collector or collectors, and all or any receiv-
ers of the city revenues, which are now or may be ap-
pointed by law, and all such clerks and assistants, includ-
ing an auditor, as the con mon council may, by ordinance,
see fit to prescribe and establish.

§ 8. Tlip said treasury department shall have control Potrmanun*.
of all the fiscal concerns of the said corporation, and shall *****'
prescribe the forms of keeping and rendering all city
account*? whatever; and all accounts rendered to or kept
in llie several departments of the city g()\<-rnment, shall
be subject to the revision and inspection of the officers of

il-^Ur*.

1?5T. SiU

this department. It sliall settle and adjust all claims
whatever t'jr the cor[>oration, or against them, and all
acoounts wiiatsoever in which the corporation is con-
cerned tither as dehtor or creditor.

. T § «,t. There shall, after the next annual election, in said

city, be appointed by the mayor, with the advice and con-
sent of the common council, some discreet and able ac-
countant, to be styled the '-City Comptroller," who shall
be chief i)f said treasury department and hold his office until
removed or a successor be ajpointcd ; who shall receive
such compensation for his services- as may be established by
law, and who shall be removable at all times at the pleasure
of the mayor, with the concurrence of the common council;
and iie shall give bonds, with securities, to the amount of
not less than ten thousand dollars; and the amount of his
bond may be increased to sucli sum as may be fixed by the
common council ; said bond to be api)roved by the mayor
and common council and filed in the city clerk's office, and
entered on record. He shall alsl) be sworn the same as other
officers to the lailhful discharge of the duties of his office.

C'3n«oiier»« § 1". The comptroller shall immediatidy after his ap-

pointment open and keep in a neat, methodical manner a
complete set of books, under the direction of the mayor
and tinance committee, wherein shall be stated, among other
things, the- ajipropriations of the year for each distinct
object and branch of expenditure, and also the receipts
from each and every source of reventie so far as he can
ascertain the s?me. Saiti books, and all jiapers, vouchers,
contracts, bonds, receipts and other things kept in said
office shall be subject to the examination of the mayor, the
roemb»r9 of the common council or any committee or
committees thert of.

§ 11. The comptroller shall he charged with and shall
cxerC'Se a general supervision over all the officers of the
city charged in any manner with the receipt, collection
or ilisbursement of the city rcv»'nue<!, and the collection
and r«turn of such revenues into the city treasuiy. He
iihall be the fucal agent of said city, and as such shall
liave charge of all d^rds, mortgages, contracts, judgments,
notei, bond^, d«'bt» or chores in action, belonging to said
city, and shall posse^ and carefully preserve all assess-
ment* and tax warr^int**, and the rrturns thereof made by
an> " ' r or reoener of tH\« - and assessments, and
all i market"?, wharfing I'M", lieges arjd other public

property of «iai<l city. He uhWi aho have suj)ervision
over the city debl<», contracts, tmndi, obligations, loans
and liabilities of the ci'y, the pa) ment of interest, and over
nil the property of the ^ity, und the nule or the dispo-jition
tberof; over all l«*g »l 'r our pront-eding'^, in which the
intere^tt of the city are involved, 8n<t, with the ap[)roval

805 1857.

of the-mayor, to institute or discontinue such proceedings,
and to employ additional counsel, where he thinks tiie
city interests require it, and generally, in subordirjation to
the mayor and common council, to exercise such supervi-
sion over all interests oJ said city, as in any manner may
concern or relate to the city linances, revenues and pro-
perty.

§ 12. It shall be the comptroller's duty to examine. Further doiios of
adjust and audit all accounts, claims and demands for or Ste'e!'""*' *
against the city ; and no money shall, after his appoint-
ment as aforesaid, be drawn from the treasury, or paid by
tlie city to any person or persons, unless the balance due
or payable be first settled and adjusted by the said comp-
troller ; and for tlie pur^ ose 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 tiling concerning the correctness
of any account, claim or demand })resented; and the per-
son so sworn, shall, if he swear falsely, be deemed guilty
of willful and corrupt perjury, and be subject to punish-
ment accordingly, the same as in all other cases.

§ 1-). All m'^ney found to be due and payable by the Prawmg or mc-
comptroller to any person or persons, shall be drawn for "'^^'
by said comptroller, by warrant on the treasurer, which
shall be countersigned by the mayor, seating therein the
])articular fund or appropriation to which ^he same is
chargeable, and the person to whom payable; but if said
com})troller should, upon any examination of any account
as aforesaid, still doubt as to its correctness, he siiall sub-
mit the same to tlie mayor and finance committee for their
decision thereon ; which decision shall be binding upon the
city, and filed among his other vouchers in the comptrol-
ler's oflice; and after the appointment of said comptroller
no money shall be drawn from the treasury, except on
the warrant of the comptroller, drawn as aforesaid.

5 14. It shall be the duty of said comptroller, as nearly Receipt or rero-
as may be, to cliarge all oiticers in the receipt ot revenue
or moneys of the city, with the whole amount from time
to time of such receipts ; and in regard to all tax and
assessment warrants for the collection of revenue, and all
licenses or permits whatever issued or grinted under any
ordinance or law of the city by virtue of wliich money is
receivable or to be received or [laid into the city treasury
from or by any person or persons, he shall countersign the
same, charging the proper officer the amount collectable
thereon ; and no tax or assessment warrant, license or
other permit issued or granted, under which the collection
of any money for said city may be authorized, shall be of

1^57. > S06

any valiility or force whatever, unless conntorsipjned by
itaiti comptroller, lie sliall also require of all olHoers in
receipt of city moneys, that they shall submit reports
thereof, with vouchers and receipts of payment therefor,
into the city treasury, weekly or monthly, or as often as he
shall see fit to require the same, by any rep;ulat'on which
he may adojit; and if any such officer shall net^lect to make
an adjustment of his accounts, when so required as afore-
said, and to pay over such moneys so received, it shall
then be the duty*of the said Comptroller to issue a notice
in writinjj, directed to such officer and his securities^ re-
quirincj him or them, within ten days, to make settlement of
his said accounts with the comj>troller, and to pay ovei:
the balance of moneys found to be due and in his hands
belonging to said city, according to the books of said comp-
troller ; and in case of the refusal or neglect of such
officer to adjust his said accounts, or pay over said balance
to the treasury, as required, it shall then be the duty of
said comptroller to make report of the delinquency of ruch
officer to the mayor, who shalf at once suspend him from
office; and the mayor of said city is herehy authorized,
upon the happening of such event, to declare said office
▼acant, with tlie concurrence of the common council, and
to nominate a successor, in case of removal, who shall be
aj)pointed by and with the advice and consent of the com-
mon council, to fill said office for the unexpired term of
the officer so dismissed, -as aforesaid.

A>«..i r*ii« ^ ys^ fpiip comptroller shall make out an annual state-
ment for publication, in the month of February in each
Tear, two weeks at least before the annual election, giving
a full and detailed statement of all the receipts and expen-
ditures of money during the year ending on the first day
of said month. The said statement shall also detail the
liabilitie" and resources of said city, the condition of all
unexp'-nH^rl fijijiropriations and contracts unfulfilled, and
tin* bal«n"r« of money then rc'inaining in the treasury, with
all Jtumy due and outstaiiding; the names of all persons
who may have i)ecome defaulters to the city, and the
amount in tlweir hands unaccounted for, and all other
things necessary to exhibit the true financial conrlition of
the city; which stntement, when examined and approved
by the finance committer, shall be puMished by him in the
C'»rpnratioii newspaj)fr, at least one week before the an-
nual election.

■M^u '» ^10. The said comptrolhjrshall, also, in the month of April
''*"*"*" in eftch Year, before the annual appropriations are made
V ' ■ mmon council, submit to the same a report of the
< necesiary, nn nearly as may be, to difray the

exjieiMi-t of the city govf-rnrnent during the enduing fiscal
year, coromcnciog on the first day of the said month of

897 1857.

April; he shall in said report class the different objects and
branches of said city expenditure givinsj, as nearly as may
be the amount required for each; and for this j)urpose he
is authorized to re(juire of all city officers and heads of
departments their statements of the condition and expense
of their respective departments and otfices, with any pro-
posed improvements and' the probable expense thereof, of
contracts already made and unfinished, and the amo.int of
any unexpt;nded a}>propriationsof the preceding year. He
shall also in such report show the aggregate income of the
preceding fiscal year from all sources; the amount of lia-
bilities outstanding upon which interest is to be paid, and
of bonds and city debts payable during the year, when
due, and wliere payable, so that the common cuuncil may
fully understand the money exigencies and demands of the
city for tlie ensuing year; but in no event siiall tiie com-
mon council make the current appropriations of any year
exceed in amount the income of the rity during the pre-
ceding year as as.certained by the comptroller in his said
statement, unless in the payment of interest on the public
debts of the city they shall provide according to law, by
taxation or otherwise, some additional fund out of wiiich
such excess of appropriations may be made to meet such
indebtedness.

5 1 ('. The comptroller shall also keen in his office a i-ist or vuhua
correct hst ot all local and public improvements ordered
by the common council and under contracts by the cit}',
copies of which shall be furnished him by the city clerk;
and all contracts and estimates made by the common coun-
cil, or any officer of said city, in relation to such improve-
ments, for any work contracted or undertaken, done or
finished, shall be filed in said comptroller's office; and no
contract made shall be of any validity unless countersign-
ed by said comptroller.

DUTIES OF THE TREASURER.

§ 18. The city treasurer shall hereafter keep his office
in some place to be designated by the common council,
approj)riated 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 always
be subject to the inspection of said comptroller and the
finance committee.

§ l'.». All warrants drawn upon the treasurer must be wsmnu.
signed "V the comptroller and countersigned by the may-
or, stating therein the particular fund or appropriation to
whicli the .^ame is chargeabl*^, and the person to whom
—79

paMiM^, ami no money shall be otherwise paiil than upon
such warrants so drawn.

5 '20, He shall keep a separate account of each fund
or appropriation, and the dt bits and credits boloni;in«:»
tlurtto.

tt^-xi-.i'. jj -1. He shall i];i\e every person paying moniy into

the city treasury a duplicate rectipt iherelor, sporif} incj the
da*e of pa>mrnt; upon what account ])aid; and he sIihII al-
so file copies of stich receipts with the city coinptroUor
at the date of his monthly reports, as herein proviilrd.

•: a-.i'y rtiMrt. jj *J'2. The treasurer shall at the end of each and every
month, and oltent r if nquired, r» ndt r an acccmnt to the
comptroller, showinsj the state of the treasury at the date
of sucii account, and the balnnce of moneys in the trea-
sury. He shall also accompany such account with the
dnj)!icate of all receipts issued by hiui for moneys received
into the treasury, together with all warrants redeemed
and paid by him, which said rereij)ts and warrants, with
ai.y and all other vouchers held by i.ini, shall be delivered
over to the comptroller, and filed with his said account in
the comptroller's office upon every day of such settlement.

M«•7to^*k•pl {; ii:i. Tlie treasurer shall keep all moneys in his hands

** * be'on«»inE; to the city i \ sueh j)laco or places of drj)osit as

the e )minon council may herealter by ordinance provide,
order, establish or direct; and such monejs shall be kejit
distinct and separate from his own moneys; and he is here-
by expressly prohibited from using, either directly or indi-
rectly, the Cf)r|)oratioi) money or warrants in his custo-
dy and ki-epiiig, fur Ids own n?e and benefit, or that of
any other |>ersi)n or pvrsf)ns whomsoever; and tiny vio-
lation of this provision shall subject him to immediate re-
moval from office by the ma}(»r, with the concurrence of
the common council, who are herel)y authorized to declare
• aid office vacant; and the mayor, in casu of said rcino*
II nominate a successor, who shall be appointed to
i.'e upoii !he confirmation of said common council,
and nold lii-< office for the remiinder of the unexpired
term of fuch officer so removed.

AMMi rty«t. ^ 24. The treasurer shall also report to the common
council, annually, in the month of February, at least two
we»'W« h«'fiir«' till- election, and oftener if j ( quired, a full
an' ■"^' • of all receipts and expenditures, and

Ihi -iiiry. He shall also keep u register

of all warrant!* redeemed and paid into the treasury during
the ye.'ir, dewribing such warrant, its date, amount,
number, the fund fiom which payable, and person to
wl»om [)hi ' '»pe<ifyiiig also the time of receipt thereof,
and all su' h .v.irrant.t shall be examined nt th* time of
making stich arinual report fo the common council by Iho
finance committer, whu shall exaiuino and cuuiptMc Iho

809 185r.

same with the books of the comptrollor and report discre-
pancies, if any, to the coinniun council.

CITY COLLKCTORS.

§ 2o. Tiie city collector, hereafter to be elected by
the people, shall keep his offiee in such place or placis, as
may be desi<riiated ;ind provided by the common council,
apjiropriated to the keeping of sucli otHce, in the trtasury
department, and shall keep in said office, besides his col-
lection and revenue warrants, such other books, vouch-
ers, records and accounts as the comptroller may, by regu-
lation of the departmer.t 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 succes-
sor or succ»'ssor3 of said otficer.

,§ 20. All the city collector's papers, warrants and omdai paper*,
vouchers shall be examined by and the same are hereby
placed uudtr the supervision of tiie treasurer and comp-
troller, together with the finance committee; and the said
collector and his assistants shall, ou receipt of the same,
pay over all moneys collected by him of any person or
persons to the city treasury, taking his receipt therefor,
which said collector or assistant shall inxmediately file in
the comptroller's office.

§ 27. From and after the passage of this act, there
shall be no special collectors of the city revenue or as-
sessments, appointed by tiie common council, other than
assistants to the said city collector, who shall be, in all
cases, principal in the collector's bureau of the treasury
department.

§ 28. The city collector shall make report in writing, Roi.on tojcomp-
to the comptroller, weekly, or oftener if n quired, of tlie '"^""''*
amount of all moneys collected by him; the account upon
which collected, and shall file with him the vouchers or
recei|)ts of the treasurer for the amounts so collected.

^ 2'.>. Tlie city collector is hereby expressly prohibi- pt iv,ty f>r re-
ted from kee[>ing the moneys of the city in his hands, or i^'j""'* ^'*^*^'
that of any person or corporation to his use, bejond the
time prescribed for the payment of the same to the city
treasurer; and any violation of tin's provision shall subject
liim to removal from otiice, in the manner now provided
by law; and it is hereby declared to be the duty of the
mayor, upon such removal being made, to nominate and
appoint a successor, with the advice ami consent of the su>:<:ciior.
common council. Each assistant collector shall be sub-
ject to removal at the pleasure of the finance committee,
whenever t'.py may deem the public interest to require it,
and tlieir pLces be filled a" provided by law.

. iir- ^ Tvi^. The city collector s^all, on tlio fnst day of
Februjiry of each yrar, suUinit to tlie roimnon council
and finance conunitttc, :i statmient of all tlio u ono}s by
liim oolU'ctfil ilnrlni; the >oar, and the j)!ii tiruhir uiiiiant,
a5Sfs.<imMit or at^oount npun which colhrted, and the
balance of inoncjs unctdK-cted on the warrants in his
hands or return* d to the comjttroller, and a copy of such
statement shall nlso be filed witii the cou»|)troller.

jj 'M. The finance committee and the comptroller,
shall annually meet in the niontli of Ffbruaiy and coui-
pare all such reports and statements as are made hy the
comptroller, treasurer and coHeetor, and report thereon
10 the common council.

Jf o2. In the adjustment of the accounts of tho treas-
urer and collector witli the comptroller, there sliall he au
appeal to the finance committer, whosi- decision in all
uiattors of contrt)versy aiisin*; between said othcers in
the treasury department shall l»e binditiu;, unless the com-
mon council shall otherwise direct and provide.
'. § ••;>. The comptroller, city treasurer and city collec-
tor shall nominate, and by and uith the advice and con-
sent of the couimon council, appoint such various assist-
ant collectors, clerks and subordinates in their resj)ecti\e
orfice«, as ihe common coinicil may authori>^e. Said sub-
or<iinates shall in all cases be sworn to the faithful dis-
charge of their duties as other otficers.

§ C4. The said com|)troller, collector and treasurer
•hall perform such other duties and be subject to such
other rules and ret^ul.itions as the common eonneil may
from time to tim** byordinanci- jjrmide and establish.
'■• • u . .:5 '.)'). The treasurer and city collect')r, and collectors
and all receivers of city money, are hereby required to
keep safely, without loatiing or usinp, all the city or public
moni'js C(»llectetl by them or otherwi-Je at any tin>e placed
i '.'leir cu<t uly or ilivposal, till the same is paid over or
liii'ited by the proper otfici-r, warrant, law or order of
the corporation, to be transferred or paid out, and to
make all payments and transfers promptly when thereto
refjuired by any law or order of said corporation, or under
■ the comptroller. And if any one of said
• connected with tlo in, in the cnllec-
tiutt, *iiifi! k« epIAc; or disbursing of said city revenues,
shall convert to his or their own use in any way whatever,
or /ihall use by way of inv< stment in any kind of proj)erty
or merchandize, or shall loan with or without interest,
any portion of said city m(»neys entrusted to him or them
fur cafe keeping, diHbnrsemenf, pH) mei.f, transfer, or for
iny olfier purpose, every such act shall be deemed and
adjn Iged to be an emb« z/.Iement of so much of the naid
moneys as shall be thus taken, converted, inveuted, used

901 ISoT.

or loaned, whicl» is liert-by declared a felony; and any
olficer or agent of said city, and all jjersons advisin^j or
participating in such a( t, or being a party thereto, s lall,
upon conviction, betore any court of competent juris lic-
tion in this state, be sentenced to itn[)risoninent for a terra
of not less than six months nor more than ten years, in
the penitentiary of this state; and also be fined in a sum
equal to the aihount of the ironey embezzled.

§ 06. All returns and accounts made or required to itcturn» maJo.
be rendered uii«ler this act, by any of the officers in said
treasury department, siiall be verified by the oath of the
person rendering if; 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 all the
moneys in his hands, or which he or any one for him has
received since his l.ist othcial accounc was rendered; and
that he has not directly or indirectly used, loaned, invested
or converted to his own use, or suftered any one to uso,
loan, invest or convert to their or his use, any of the
moneys receivable or received b}' him; but that he has
acted diligently and witliout any collusion or fraud in the
collection of the j)ublic moneys of said city, and that he
hath rendered a true and tuil 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 tlie said state-
ments, or any of tliein, shall be false, the said person so
making such statement shall be deemed guilty of willful
and corrupt perjury, and shall be punished accordingly.

COLLECTION OF TAXES AND ASSESSMENTS.

§ 07. The annual assessment rolls shall hereafter be
returned to the common council, who shall proceed in the
manner now prescribed by law to revise and correct the
same; and when revised, corrected and confirmed by
them, the common council shall then proceed, by ordi-
nance, passed as in other cases, to levy the annual taxes
authorized by law.

§ 38. All orders issued for the collection of the annual
taxes, and all special warrants issued for the collection of
any special assessments or tax, authorized by law, shall
be made out in the manner now required by the city
charter, be countersigned by the comjitrolier and deliv-
ered to the city collector on or before the second Tues-
day of October in every year, after the passage of this
act.

§ •^0. The collector shall forthwith publisli a notice in KoUfctotejob
the cori)oration newspaper, that such vvarrant-» are in his "*'*^'*
hands for collection, briefly describing the nature of each,

1>:.T. 002

and requesting all persons forthwith to make payment
thereof at his otHc«.>, or that the sauu> will be collected at
the cost and expense of tlu- persons liable to the payment
of suoh taxt'S and assessments; said notice to be published
fur tliirty days.
. f«- § I't. If from nnj' cauf^e, the taxes and assessments
charged in said coUietion warrants are not collected or
paid on the lands or lots described in such warrants, on
or before tl»e first Tuesday in January ensuing the date of
said warrants, it shall be the duty of tho collector to
prepare and make report tlureof to some court of geneial
jurisdiction to be held in Chicago, at any vacation, special
or general term thereof, for judgment against the lands,
lots and parcels of land, for the alhount of taxes, assess-
ments, interest and costs respectively due thereon; and
he shall give ten days' nutice of his intended ap])lication
before the first day of the said term of the said court,
brielly specifying the nature of the resj)ective warrants
upon which such application is to be made, and requesting
all persons interested therein to attend at such term; and
the advertisement S) published shall be deemed a) d taken
to be sutfi''ient and legal notice, botli of the. aforesaid
intended ap|)lication by the collector to said court for
judgment, and a refusal and a dt;mand to pay the said
taxes and assessments.

§ 41. The collector shall obtain a copy of the said adver-
tisement or advertisements, together with a certificate of
due publication thereof, from the ])rinter or ])uf)lisher
of the newspaper in which the same was ptiblishcd, and
shall file th>; same with the clerk of said court at the said
term, together with a copy of said report.

§ 42. Tiie clerk of said court, upon the filing of such
report or reports and certificate of publicalion by the col-
lector, in each casi', shall receive and record the same in
o b(»nk kept f(»r that purj)f)sc, in which shall be entered all
judgment'-', (»rd«'rs and other jjroccedings of sai.l court in
relation tln-reto, and the sa.nc shall be preserved as other
record"! of his ftfllce ; and the said clerk shall place the
8«id report or nporls and the certificate, attached to each,
lit d of the common law <locket for said term, in

tl. ing form. }is rn arly as m;iy be, to wit:

City ol Cliicogo, )

ts. \ Suit for t:i\(H.

John Doe and others. )

Or if it be an assessment for Sfnm sjireified improvement,
uliail aliio ent«r said report or reports returned by said
collector, in similar form, as nearly as may he, or as fol-
lows :

c-.erk.

•J03 1^.J7.

City of Chicago, ^ Suit for assessment on warrant

vs. -■ for paviiit^ street, , urtlie

John Doe and others. ) opening; of street . '

Or such other title as will sutfioiently indicate the nature
of the iiuprovenient for which the charj^e or assessment is
due ; enteriuEj a separate suit upon each of said warrants
upon wiiich such re|)orts are made.

§ 4o. It shall be the duty of the court, vipon calling the CuiUntiaw.
docket of said term, if any defence be olfertd hy any of
the owners of said property, or any person having a claim
or interest therein, to hear and determine the same in a
summary way, without pleadings ; and if no defence be
made, the said court shall pronounce judgment agiii.ist the
said several lots, lands, pieces or parcels of land, as de-
scribed in said collector's reports ; and shall thereupon
direct said clerk to make out and issue an order for the
sale of the same, which said order shall be in the form, as
nearly as may be, of that j)rescribed in the twenty-ninth
section of an act entitled "An act concerning tlie public
revenue," apj)roved February 2G, iNo'.', by the general as-
sembly o( this state : PruciUeJ, that in all such cases
where a defence is interposed the trial of any issue or
issues therein shall have priority over all other cases in
said court, and shall be disposed of with as little delay as
possible consiste!»tly with t'jc demands of public justice at
said term. But should justice require ihut for any cause
the suit as to one or more owners should be delayed for
more than twenty days, judgment shall then be rendered
as to the other owners and lands, and process shall iisue
for the sale thereof the same as in all other cases.

§ 4-t. It shall be the duty of the elf rk of such court, r;^;*;*:^''^'* •'^
within twenty days after buch order is granted as aforesaid,
to make out, under' the seal of said court, a copy of said
collector's report in such case, together with the order of
the court thereon, which shall constitute the process on
which all lands, lot;?, sub-lots, pieces and parcels; of land
shall be sold for the amount of any taxes, assossjncnts,
interests ami costs so levied, assessed or charged upon
them, as provided in this act or the act to which this is an
amendment, or under any section or provision hereof; aiid
the said city collector is hereby expressly authorized and
emjtowered in like manner as sherilFs may do, actiii .; under
process of Ji.fti. under the laws of the state, to make sale of
sucli lands, lots, pieces or parcels ot land, upon twenty
days' notice, which, instead of posting, he shall publish in
some newspaper printed in said city.

§ 45. The said notice to be published in each case
of a judgment upon any special or general collection war-
rants, and reports as aforesaid, shall contain a list of all the
delinquent land and town lots to be suhl, tlie names of

is;:. ooi

the owners, if knoxn, the ainotint of taxes, interest and
costit, or the amount of the asstssment, interest ami costs,
ns the case may he, due respectively thereon, and the ac-
count upon which the same is due, tl»e court which jiro-
nouncp*! the judgment, and that the same will he exposed
to pti^»lic sale at u time and place to ho name«l in saiil ad-
vertisement by said collector. The proceedings may he
stopped at any time upon j)ayment of said taxes or assess-
meats, interests and co<ts to said collector.

<? 41). In all proceedings and advertisements for the col-
lecti.in of such taxes and assessments and the sale of lands
therelor, figures may be used to denote lots, sub-lots, lands
and bhicks, sections, ranges and parts thereof, the year
and amounts, as now provided by law in like cases.
r<f T ^ 47. The sale shall be.conducted in the manner pro-
vifled by law in like cases, and shall be ot the smallest
portion of ground (^to be taken from the east side of the
premises,) for which jiny person will take the same and
pay the amount of asstssments or taxes ♦hereon, with in-
terest and costs.

.^ 4"^. In all other respects the same proceedings shall
he had as to issuing certificates of sale, the making of
deeds and redemption in cases of sale, as are now provi-
ded in the act to which this is an amendment, except that
all duplicate certificates of the sale of any premises made
by stich collector, shall be hereaflt r filed with the comp-
troller, and redemption shall be made by the payment of
the amount of redemption money to the treasurer, and
taking hi? voucher therefor, and filing the same in the office
of the comptroller, who shall thereu|)on cancel and annul
said certificate and sale upon his records.

.^ 49. The deeds miide to purchasers shall ho prima

'' ■ • 1 conchmive evidence to the same extent as to

.:id liav«' the samo conclusive force nnd effect as

Iw ;.. right"? of purchasers at such sales, as is now pro-

vid»-d ' y law in the act to which this is an amendment.

In' ')'>. Any chaiig*; made in the incumbent of the office
of city collector during the j)endtncy of any such pro-
ceedings shall not operate to affect or delay the same, but
ur or stiocessors in office of such c(dlecf or shall
i-A \u do all acts nece.ss.iry to (omplite siich
pr the sa(#K as if his predecessf)r had continued

in \\\ case of a vacancy occtirring in any such

office, the ]#roceediiigs shall he prosecuted by the city
comptroller until such vacancy is filled by election or
otherwise.
%xmm •« MiM 4 •>!. After the next annual election all sal* s of pro-
****' pfrty for the nonpayitunt of taxes or axvc'isinents foi any

jmprovrmciit of what kifid sr»fvrr, shall he held at tho
fame time with thv general sale uf property for nonpay-

905 1^57.

ment of city taxes in each year, unless in particular cases
said sale is stayed by injunction or |>roctss of law, the
intent hereof being that there shall be but one geiipral col-
lection bysile of all taxes and asseFsintnts whatsoever, in
each and every year, which sale shall take i>!ace in the
manner hereinbefore provided, and at the same time in
each year.

§ 52. The common council may direct all special war- si>eci»i waranti.
rants for the collection of any special assessments levied
on any property for any improvement to issue and be de-
livered to the city collector forthwith, who shall notify, by
advertisement, all persons intcrcfted to pay the same im-
mediately ; but in all cases where said assessments are
not paid, on or before the day of the filing of the collec-
tor's report for judgment in any court of general jurisdic-
tion, ten per cenf. shall he collected as additional costs,
and be added to and collected with the other assessments
and expenses authorized to be collected on the proj)erty
assessed, and for this purpose the collector shall add to his
said report, in a separate column, the amount of such addi-
tional costs : Prui'ided, that from and after the expiration
of thirty days' notice, to be published in the corporation
newspaper by the city collector, that he has received such
special warrant for collection, he shall be authorized and
he is hereby required to demand and collect for the use
of said city, at the rate of ten per cent. ])er annum, on the
amount of every assessment made upon any real estate
within said city, computed from the day of the date of said
warrant to the day of the payment thereof.

POLICE COURT.

§ 53. That after the next municipal election the com-
mon council of s; id city shall designate the two or n»ore
justices of the peace, now provided for under the act to
which this is an amendment ; and who are to ha\e juris-
diction in all actions for the recovery of any fuie and pen-
alty under the laws, ordinances and police regulations of
said city.

jj 54. The said justices of the peace so designated shall J""'*'*''*"
hereafter constitute and be st}led the police court of said
city, and said ju.^ticcs shall continue under such designa-
tion to take jurisdiction as justices of the peace for one
year, or until their successors be appointed, in all actions
for the recovery of any fine or ])enalty under the laws of
said city, and all ordinances, by- laws or police regulations
thereof; that while so emjdoyed under such designation
as such justices, one of them shall hold a session of said
police court d;ti!y (Sundays excepted) at the city I, all, in
such place as the said common council may provide and

o'mA until the business before them or him is dis-

\ V Sill of.

SL.* ^ ;*>6. The said justices may be compensated by a sal-

ary, to be fixed by the common council, to do the bu:?iness
of ^aid police court, in lieu of hU other compensation or
fees whatever, accruinj; from the business to be ilisposed
of; and the said justices so desii^iiateil shall not enter upon
thvir duties nor bo appointed to hold such court as justices
of tlie peace afores ud, unless they first siji;n iind execute
an express relinquisliment in writinp;, in f.ivor ol the city, of
all other foe<:^ emohunents, or compensation whatever
t!ian what may be proviiled by a salary to be fixed as
atort said by the common council under tliis act, ami such
express relinquishment shall be filed in the comptroller's
office, and thereafter all justices' fees and costs collected in
all actions brongiit for said city, under the city charter,
»hall be paid into the city treasury as other revenue of
the city,
""t^k*"* § •''''* There shall be elected by the people, at the next

municipal election, and biennially thereafter, one ''police
court clerk," who shall hold his olfice for two year-', and
until his successor is elected and qualified. He shall take
an oath, the same a« other olficers elected under tliis act
and the act to which tlii'^ is amendatory, and shall execute
a bf>nd with sufficient security to the city, to be approved
by the comptroller and mayor in such sum as shall he rixtsd
by the common council. He shall receive a fixed salary
for his services, the amount thereof to be determined hy
the common council under this act. H< shall liave power
to Rc]mini<?t<>r oaths and a|>p()int deputies when in the
opinion of the common council it may be necessary, in
whicli case Siii.l dt-puties shall be nominated by said clerk
and apiirov#»d by the ommon council, and the common
council may prescribe the duties and fix the compensation
of «urh deputies.

^ .*'7. In ca«c of the temporary inability or absence, or
i' 'a vacancy of the clerk and there is no deputy,

' ■' court may appoint some ("ompetent person to

diiciitri^e the duties of the office until the vacancy is filled
or ceases.
:>*ii,mMtim*. § •'**J. Tho duties of the police clerk shall he to keen
a full, detailed and complete account on his doc ket of all
caies and per<oni arrested and brou^'lit before the police
court, or any of them; how trieil und disposed of; the
number of c,ihi'9 disposed of; the cases in which moneyf
have been collected, and tho cases in which money
U to be c(dl«'cted ; the amount of all forftfitures, pon-
•Ificf and fine« asse<«cd, or the punidiment fixed in
each ca^e, wit'i the in-n and costs ;ucru«-d and accru-
ing thereon; and to collect, proiecute and receive pay-

907 1857.

ment of all such feof, fines, penalties and fnrfeittjres,
and all judgments and executions, and all moneys what-
ever accruing or to be paid in for the use of said city, from
the enforcement of any of the laws thereof, and forthwith
to pay over the sime to the treasurer of said city, except
the constabks' and witness-es' fees which shall be paid to
the respective parties entitled thereto.

S ry.t. It shall be his duty to sec that all cases are pro- P"Um in rcstm
5, 1 1 r • 1 !• • 1 I to pro»eeniion«.

perly prosecuted beiore said police court, in the ai)sence
of the city attorney. He shall take care that said fines,
penalties, forfeitures, fees, judgments and exectitions are
collected in all cases as spt tdily as may be, and the police
justices sIihH, so far as is possible, aid said clerk in the
collection thereof.

§ GO. The said police clerk shall at the end of every Report.
week make a report to the comptroller of the amount of
such fines, I'ti^s, penalties and forftitures as he may have
collected, and pay over the same to the city treasurer, and
file his receipt tlieretbr with the said comptroller. He shall
also specify in his said reports the number of cases pend-
ing ; the number of cases in which any fine, forfeiture or
penalty has been inllicled, and the amount thereof, and
also the amount of moneys outstanding to be collected in
such cases, and the state of each case respectively, and
upon making such statement he shall verify the same by
oath taken before some competent officer that such state-
ment is a full, fair and complete statement of the moneys
received and collected by him.

§ 61. In tlie case of the failure of such clerk to make such
report and pay over said moneys weekly as herein required,
a notice shall be served upon him by the comptroller, that
within ten days he is reqtiired to make such returns, and
pay over all moneys received, and in case of the failure of
said cleik to pay over said moneys, and^make such report
to the satisfaction ot said com}'trolIer, he shall be sus-
pended and removed from office; and thereuiion the mayor,
by and with the advice and consent of the common coun-
cil, shall appoint his successor to fill the vacancy during
the unexpired tTm.

§ G2. It shall be the duty of the clerk of said police Kccpi«e <? Mo-
court to receive and safely keep in his possession, in such *^' *"^"'*^ '*
place as may be provided by the common council tluMlor,
all articles of stolen property of every description found
upon or taken trom the possession of any person or per-
sons arrested f'ror cliarged with crime wiVliin said city,
by any police officer, constable or conservator of the peace
therein, or >iny sheriff or officer of the county of Cook.

§ t)3. Upon the finding of any articles of jirnperty stolen
or taken from any person or p(r<;oMS charged with crime,
it shall be the duty of all officers finding the same or ar-

r loh persons, to lodge the said property in posses-

<; .A jjolioe clerk and take his recrijit thorclor.

0. 1.4. Tlie sdid police court clerk sluiU keep a record
of all such articles and number the same, statinjjj the de-
scription ot" the article or articles, from whom taken, by
\vli.\t officer or person deposited, where found, the person
Kv'jini; the same, {i( known,) and it shall be his duty to
deliver said articles over to such person or persons as may
be entitled thereto, under the ordt-r of the court in which
the person upon whose possession t!ie property is found
or from whom it is taken, is tried, discharged or convicted.

§ O.J. In all cases where such person or persons are
i][ ' : .1 upon arrest, and there is no legal claim uit ap-
j J replevy or try the right of pii)perty as against

sucu persons arrestid, it shall be the duty o( the court
to order the restitution of the priij)crty in all c?ses.

§ Gt). In case ol the neglect or refus .( of any otlieer or
conservator of the peace to so deposit t!ie property taken
or found upon the possession of any piMSon or persons
arrested, he shall be subject to indictmtint and be fined in
a sum not excc'eding three thousand dollars, and in no case
less than the value of the property, and be imprisoned in
the county jail not to excepd one year; and the sentence
of the court in such cases, ipsu/acluy shall vacate the otfice
of the person so convicted.

§ G7. The common council, if it think proper, may by
ordinance provide for tlic appointment of a prosecuting
attorney for said police ( ourt, to manage all city cases
before it, and in such case may provide for his compen-
sation by a salary.

§ O'i. In case of the appointment of such prosecuting
attorney of the police court he shall jirosecute all cases
before it, and also su|)i riutend the colleclioiis of fees, fines,
fo»Icitur»s, jndgmenl-J and executions, and keep a docket
tl.ereof, and fil** a monthly report of the number of all cases
commenced, and all cu«es disposed of, with the names of
the {iarties sued, and the amount of fines, fees, and for-
feitures collected, with the number of cases where moneys
are unc dlected and the amount tliereof, and hie such re-
port in the city comptroller's otfic^e.

§ 6'J. The clerk of the police court, and police prose-
cuting attorney, (if an^) shall perform such other duties
as miy be prescribed oy ordinance of the common coun-
cil from time to time.

h '•••. Appeal* and changes of venue may be taken from
j'Klicei in all ca<ies, the same as before other

k« ««u«».

')( the peace, but ail such appeals shall hereaft
t<ikcn to the recorder's court of the city of Chicago.

909 1857.

FEES AND SALARIES.

§ 71. From and after tlio first Tuesday of March next,
all fees, jn'rquisites and einr)lunnnts of office whatever,
by way of compensation for tiie performance of any official
duty or duties, are hereby expiessly prohihittd to be re-
tained by any officer, whose conii)ensatioii 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 tiie peace, mayor, clerk, attorney, collector,
treasurer, commissioner of public works, comptroller, or
other person, wiiose compensation is to be so paid by a
fixed salary, shall belong to and be paid by such person or
persons into the city treasury of said city, the same as all
other revenues brionf^ing thereto ; and any violation of
this provision shall subject the oflTender to removal from
his office, and tiie amount received by him shall be re-
coverable by action of debt or assumpsit in favor of such
city.

§ 72. The major of said city shall, after the next an- Major,
nual election, receive an annual salary of thirty-five hun-
dred dollars, in lieu of all other compensation whatever.

§ lo. Tlie said salaries shall be payable monthly or
quarterly out of the appropriate funds \ uted by the com-
mon council to pay thn same, upon tlje warrant of the
comptroller as in other cases.

§ 74. The common council may, by ordinance, estab-
lish salaries as a fixed compensation for such other officers
of said city as are not named herein, in their discretion,
and may provide for their removal from office in case they
recei\e or retain otiier or greater fees than so paid or fixed
by the corporation fur their services.

SCHOOLS AND SCHOOL FUND.

§ 7"). The said common council shall have power to
annually levy and collect a school tax, not exceeding two
mills on the dollar on all real and personal estate within
said city, to meet the expenses of purcliasing grounds for
school houses, and building and repairing school houses,
and supporting and maintaining schools.

§ 76. It is also hereby enacted that the school tax sehoMtai
levied on said real and personal estate for the year A. D.
eighteen hundred and fifty-six, by the common council of
said city, be and the same is hereby expressly legalized ;
and the collector of said city is hereby directed and au-
thorized to collect the same as in all other ctsps, the same
as if such levy had been autliorized by la > , all other pro-
visious of any law or enactment now in force io conflict

Willi the exercise of the power hereby conlVrreil being
hertbv fxprossly repealed.
't ^ 77. The common council of said city shall, heforo the
firsl Tuesday of May after the passage of this ait, appoint
fifteen school inspectors, who shall be denominated and
St) led the '"Board of Education'' o{ said city. The said
board shall be divided into three classes of five members
each; those of the first class shall vacate their seats at the
expiration of the first year; tho^e of the second class at
the expiration of the second, and tho-'e of the third class
at the expiration of llie third year, so that five new mein>
bers shall l>e appointed in every year to succeed those
who.««e terms of otfice will expire. The board ot aldermen
in electing the first board shall designate the class or term
of office to which each inspector is to beloni; ; and the
meinhrrs of sa d board so elected shall enter npi)n the dis-
f •" their duliis on the sai<l first Tuesday of May,

Bi. Iu)lil their otHces lor one, two and three years,

according tc their respective class as designated by the
said board of aldermen, when they are so elided, and the
same shall be entered upon the journal of proceedings of
said hoard.

§ S. Atter iho first annual election of said board of
inspeetors, the board of aldermen shall aiauially tlier<'after,
on or before the first Tuesday of May in every year, ap-

f)oint five inspectors of said board ot education, who shall
lold their offices for three years and until their successors
are elected and qualified, and .*-liall enter upon the dis-
charge of their duties on the said first Tuesday of May in
each year.

5S 7y. The duties of said board of education shall be the
same as now are or miy be hereafter prescribrd by the
laws or ordinances of said city.

5 f*'>. All provisions of law providing for the appoint-
ment or flection of sihool trustt-cs in said city, alt«r the
first Tuesday of Mar<:h next, arc hereby expressly re-

plrtl.Ml.

CITV CKMriKRIKS.

I. The city of Chicago is luir'-by autliori/td to pur-
• , hold, take and convey sneh t.iels of luud, without
the city limits, for the purpo.^c of estHblisliing such ceme*
terirx (or the interment of tli< dead tlnn m, as they may
tliinlr necr <ary, which shall be ex«mpt from taxation under
any Uw of this statf.

^ '^J. The common conneii of said city is hereby au-
t' and empowerrd to pa:; '^uch ordinnnep/i, rules

., lationi, with r'-gani l^ ihc improvement, preser-
vation, laying out, ornamenting and ihc sale of burial

911 1857.

places, or lots in su( h cemeteries as they may think neces-
sary for the iiiteruu-nt of the dead therein, which ground
orp;round.s so laid out shall be placed under the superin-
tendence of the board of ))ub]ic works of said city.

§ 83. As soon as said grounds are regulated and laid M«p»«r ^lati.
out a map or plat Vjereoi shall be made out by the city
surveyor, and a copy thereof filed in the comptroller's
office, who shall ha\ e charge of tln^ sale and disposition of
all lots therein, undtr the ordinances and rtgulations of
the common council. The proceeds of such s;:l«'S shall be
paid into the city treasury, and be credited and charged
on the books of the treasury de}>artment to a "cemetery
fund," to be kept distinct from all other funds of said city

§ 84. The said common council is also fully empowered
and authorized to pro\ ide for the punishment, by ordi-
nance, of all persons, who shall, without said city limits,
be guilty of any violation of the regulations, rules and or-
dinances established by said city in relation to such ceme-
teries; and such violations may be punished by tine and im-
pri<'onment, as in other cases, by any court of competent
jurisdiction within said city; and all process issued for the
arrest of any person or persons guilty of such violaticn
may he executed without said limi's by any ofiicer or onsta-
ble thereof, the same as it such offence had been commit-
ted within the boundaries of the corporation.

MISCELLANEOUS PROVISIONS.

§ 85. All ordinances, regulations and resolutions now ordinanees ii
in force in the city of Chicago, and not inconsistent with ''"^'^''
this act, shall remain in force under this act, until alter-
ed, modified or repealed by the common council, after this
act shall take etTect.

^ Sij. All actions, rights, fines, penalties and for- ^ioon.
feitures, in suit or otherwise, which have accrued under
any act to which this is an amendment, or under any or-
dinance of said city now in force, shall be vested in and be
prosecuted by the corporation. And all proceedings now ''"^eo"-
or heretofore commenced for the opening of any street or
streets in said city, and the assessment of real estate for
any such improvement, is hereby exi)ressly legalized and
affirmed; and the common council is hereby expressly au-
thorized to continue such proceedings and open said
street or streets, any defect, decree or order of any court
to the contrary notwithstanding.

^ 87. All such parts of the act to which this is an
amendment, and the several acts amending or in any manner
affecting the same, or as are inconsistent with this act,
are hereby repealed; but so much and such parts thereof
as are not inconsistent with the provisions of this law

19*.:. 91-

$hall n it be construtnl as repealoil, altered or modified,
or in :i»y form at!ectid tlu leby, but sliall conlinuo and
reiraiii in full force and virtue.

J v^-*. All lliat part ol the city which lies west of the
Souili Branch of the Chicago river and south of a line run-
ning east and west along the centre of Randolph street
and north of the centre ot Harrison street, shall bo denomi-
nated the fifth ward. And all that part of said city which
lies west of the S ujth Hranch of the Chicago river and
south of a line in the centre of Harrison street, shall bo
denominated the tenth ward,
ocrm •( ank I f ^ ^•*- All aldermen and oflicers now elected or appoint-
••"•■ ed, in and for the said fifth ward of said city, shall continue

in their respective odices to the end of the nspective terms
for which they were elected or appointed, any provision
oflaw now in force to the contrary notwithstanding.
E («ii«« IB tmtb ^ i>0. An election shall bo held in and for the said
tenth ward, at the next annual election, for two aldermen, to
represrnt such ward in the common council, as also a po-
lice constable for said ward; and all provisions of law re-
lating to the several wards of said city shall, so far as they
may be applicable, apply to said t^nth ward; and in all
8uch elections the qualifications and duties of aldermen
shall be the same as required by law in other cases.

riDLIC PARK!.

co«aiMi>a«>:« § 1. The judge of the Cook county court of common
uiar Mirtrk. pigBj, shall, within six months from the passage of this act,
or a' soon after the annual election as may be, appoint
th.ree di-icreet and disinterested fr« tdioldcrs of said city as
commi<sioner3 of estimate and assessment, to lay out a
public park in the south division of said city.

••iU, g 2. Upon the apj>ointment of said Commissioners they

fhall severally take un oath, before some authorized pcr-
soHt that they will proceed faithfully and impartially to
di«;i 'Ii'* dulifs required of th»in undi-r this act. In

ca de ilh, resign .tion, di^fiualification (r refusal

of ••itm-r of «)r any of said commissioners to act the said
judgi- of fiiid court shall appoint some disint« rested and
dinereet freeholder of said city to act in the place or stead
of the commi-'iioner fo dying, resigning or refusing to act.

»t ,t^ f> !». I'pon the f|uahfication of said cominissionern they

ili; 'd to have (lur^ ••yt-d, laid out and appropriated

a \ I '^^ '" "''•'^ souUi iiivision of Chicago, which

nhall embrace an area of not le; i than ono hundred acres
of land nor more than three hundred acres, which shall
fori'Ver rrmain op<n and dedicated to the (ri'C use and
ixrrri-K- of all citizr-ns of .iai«l «ily, subject to the regula-
tion of the common council thereof.

913 1857.

5* 4/ The said land, 60 to be takt-n, slia'lbe laid o\it and Uc*tionof M»k.
ap|>ropriate(l as alonsaid, south ot" Tv^elhli street, wi st of
Ml. 111^,10 av-ii.ie and east of Sttwa^^t hverm**, and as mar-
ly Cfiitial as may b«* brtwetn Lake Mulligan an<l tlie
South BraiicU of the CiiicHi^o river; and iiom sncb bl(nk.^,
pieces Rnd parcels of land, witbin said territory, as utay
lie coiiligiious to each other, evtfnding suiithwiirdly to the
southern limit'? of said city, and widening the area soutb-
wartl of siirh park, in such plact-s and in such proportion
as thr coiniuissioners n»av think will »i>nibine ta<te and
utility with chea| ness of price in th« lami to be taken.

§ o. The said cominissiDuers may re(|uire the assist-
ance of the city surveyor and engineer in making all ne-
cessary surveys, plats and |)ri)files i>f said public grounds;
and a.T soun as said commissioners shall determine upon
the gr»mud to be cipproprid'ed and taken, tli> y shall file a
pi it thnreof in the city clerk's otlice, and shall submit one
otiiei copy with a report signed by 3aid commissioners to
the court of common pleas, in vacation or term time, which
shall be spread upon the records of said cyurt; and there-
upon the said laiid^, lots and pieces an<l parcels of land
dt signaled on such plat shall be ant they are hereby declar-
ed to be a public pai k and commoi , in siiid city. Said re-
ports shall ()r fil.d within three monihs trora the appoint-
ment of said commissioners.

§ 0. At'ter the filing ol said report it shall be the duty rov<,t\. «!.<]csii-
of said com'nissioners, as soon as conveniently may be, to "»'*••
mike just and true estimates of the loss and damage to
the respective owners, lessees, parties and peisons re-
spectively entitled unto or interested in the lands designa-
ted in their said report and included within the boundaries
of said public park or common, together with the tene-
ments, hereditaments and pr. mises and their appurtenan-
ces, and each and every part and p-ircel thereol, as far as
can be ascertained by thein, and shall state in their report,
in general terms, the respective sums to be allowed and
paio to tl e owner or owners and proprietors, generally, of
such lands, tenements, heredilaraents and premi-es, or
th'" appurtenances and privileges to the same belong ng nr
ai>[)ei taining, and the loss and damage to tiie owners ihere-
Ol, (if known, and if unknown, shall so state in said re-
port,) in resjiect to the whole estate and interest of whom-
soever may be entitled unt.) or interested in said lands, by
and in conseqa^^nce of relinquishing the same to the city
ofCtiicag'» for said public park.

j^ 7. It .«^hal! not be necessary to specify the name of
the ostatp" of the different owners, ])roprietors or par'.ies
interested, or of any or either of them, but, gt nerally, to
put dow n the damage to the property taken or deiciibed
in such report.
—80

1857. 014

§ 8. Upon the costing in of such report, signed hy snid
cou.utis>ii'iiers or Hiiy tWDof tli»m, the saiil court shall hy
nil»- •»r oritur, atu r htariiijj any matti r or tliitii^ uliich shall
bf ;ili»g«il aj;ttiii>t thrsann, titl.tr coi>!"ini the said rtj'ort
or rtirr the same hack to the stiid coniniissioners lor le-
visal and coirection, or to new ccmmissioners, to be ap-
pt'inttd by faid court, to reconsichr the subject matter
iht rei)!'; and the same ht in^' returnt d hy such new commis-
iineis, the court shall proceed, in like inaiuier as he fere
pr vitUd/as rii;lit and justice may r«niiire, until a report
s!>all le made t>r returned in the piemises, wliich the snid
court shall coniitin; and such rt ))ort, when so confiimcdi
shall be final and conclusive, as well upon said city as up-
on all (twners or otiiers interested in tlie hinds so appio-
priatt d and dt signaled as afoiesaid; and tiom thencelbitli
the said city shall he seiz-d of all said jircmises, to tiie
ust s ol a public park, for llie piople of Chicago, foiever.

^ 'J. The said commissioneis shall, also, in their said
proceedings, assess the SMil damages and costs, cr so
much thereof as is just ;ind M|uitable, uj)on all proj)erty
bent ft ed, in proportion as nearly as may he to tht^hcrtfit
resulting tlitrel'» Irom such impiovement lo the owners of
all >u«h property benefitted; and shall in like manner
incln< e the same in their said report, with the description
of a 1 the said property bent fitted, and the names of iho
owner<», where known, and wlieie uiiknown shall so i>'at»i
in tlieir said report; and u|)(in the coiifirmution of said
report the said c(Mirt shall enter an order against said
li •ill assessed, for the amount of such assessment,
inehiding all costs and expenses of said proceedings;
uricer which order the collector of said city shall be
de!«innated to collect the same of the respettivt^ owneis,
•nd in > Hse of tlefauit to St 11 such lands aiid all interest
ti ereirt, Ht ptihli ■ sale, upon twenty days' notice, in the
fane manner that other sales are authurized to be made
for ine nonpayment of taxes and asses^^ments in said
C»«y.
p«% .1 ^'^* ^''"* ^'''^ pt}mi-nt of so much of Ihf! damai';ea
!••«* . awarded by the commissioners of t "-tiniale and assessmt iit,

anil the ('xpenf«es, disbursement and charges in the ])remi-
§»i as .shall exc«|;d the amount or sums that mbv be
asfe««ed by said commit sioner^ upon the parties and
per/'Of.!', lai.t!.', and teiements de« med by them benefitted
by the laying out ''Uch public paik, it sliall he lawful for
iUf. mtyor and conimou council to raise s'lthtxcess hy
lonn, by the creati n <>( a publi': fund fi stock, to bo
culled tlie ••Chicago Park Stock," whicli shall bear an
intTe^t not exceeding i«.'n per n ntiim per -nnum, and
tbsill he rtdeeraed wiluin n period of time not exceeding
fifty years after the passage of this oi t, and i'or the

Ch.-tf

915 8157.

payment of wliich tlie piece of land so taken as aforesaid
shall bo irrevocably pledged.

^11. Tlie mayor ;ind eoininon council shall determine shares vt «wck
what shall be tin; noinindl amount or valiK; of each share
of stock, and of what number of shan s the same shall
consist; and the major of said city is hereby authorized
to sell and dispose of sucli shares, on such terms as the
common council may prescribe.

§ IJ. In order to jiay the interest on said stock hereby intcrwt »«»«»•«
authori;jed the commdii council of said city shall, and ' ''^*"*'
they are hereby authorized and empowered to order and
cause to be raised, annually, by tax on the property, real
and personal, subject to taxation within the south division
of said city, a sum of mon« y sutficient to pay the interest
annually accruing on said stock; which amount shall be
levied and collected, in addition to the ordinary taxes,
yearly and every year, f^r the pc-yment of such interest.

§ lo. After the report and order o( confirmation is
entered by the court, as herein provided, the city shall
make provision for the pajinent of all damages witliin six
months from the confiimation thereof; and in case the
same is not paid to the persons entitled thereto or deposi-
ted to their use with the clerk of the said court of com-
mon pleas, an action may be maintained by any person or
persons entftled th^rt to against the corporation for the
amount of his share of said damage?.

^ 14:. In case at any time that all the aldermen of the
west or north divi:;ions of said city shall agree in present-
ing a petition to the said Cook county court ot common
pleas for the laying out a park in their respective divi-
sions, the court shall proceed to appoint commi-sioners;
and all the provisions of this act shall in like manner
apply to the respective divisions where the lajing out
such ])ark is desired, in the manner aforesaid, tne same as
if said divisions wi'r« respectively named herein.

This act to take effect and be in force from and after
its passage.

Approved Feb. 16, 1857.

AX ACT to ir.corporate the Marshrielil Coal Comp.in)*. r«b. 16, lasr.

Si-cnoN 1. Be it enac'cd 1>y tk^ peop'e. of tht st ile of
Illin^'hy reprcaciiledinln:'. G^vera/ ^'7.tsem'/i/, That Rob'.rt
K^< ' !I, Jimes L. Allen, WiKium H. Brand, jMhii Mo Can,
Alt vd^ier CampbcJl, aad lljeir associates, successors ond

1S6T. 016

assigns, b« and tliey are hereby creatcil a body politic and
Ci'rporate, nialtf the name uhd stylo of "Tlio Marsh-

n»m< *t.:*ty:: a y Coal Coinp«ny," lor llu" term of fitty years;, with
power to coiitiact aiul be coiitr voted with, sue and be
5Uod in that ii;ii!^e in all couits and plaees; to have a
common seal, ami the same, at jdoasure, to ohanj;o; to
engage in the mining and transportation of stone or
mint^ral coal, and other minerals, nnd in the manufacture
of iron or any otli r pr nluct of tin ir mines, on any lands
n.iw owned or ht rt after to be ounotl hy thorn, in the
County of Bureau, or in township ihirty-throe noilh, of
range one east of the third ])rin> ipal meridian, in the
county of La Salle; to have all powers needful for the
•ucressful prosecut uu of their bu^^iness, and for the
execution of the po\v < fs herein granti-d.

Orrui>T< » «y ^ -J. That the said Robert B. Kontiiill, James L. Allen,

Sr«*n u Wdliara li. Brand, J inos McCan and Ah xandor Camj>-

»r««4M:. bell, or a majority ol them, shall have j ower to organize
said c-impany, by the election or apj)oiiiiment ot a presi-
dent ajid suoh other officers as they may deem necessary;
and, when thus organizfd, they and th» ii successors shall
have powor to make sut'h by-laws, rules and regulations
as they may deem n« ii sary. fiom time to time, for the
govi-rnment and raana<;t mont of the eaid company, not
incon^stont with the constitution and laws of this state
or of tln^ United States.

c«f4uitixfc. ^ '.). I'he capital stock of said company rhall be

three hundred thousa;.«l dollars, with puw«T to inoroase
the fame to any sum lud exceeding five hunflrt-d thou-
■and didlars; which sluill he deemed personal property.

$ 4. The prt-sideni au(\ other ofRcors shall isM.'e cer-
tifioattif of stock to the owners or hold* rs thereof; which
certifjciit-s shall be assiun .ble or ti ansh rable only in such
manr.or and at such pi. • • ■? as shall be prescribed hy the
by-laws >•( said compati\.

m >**■'■€ *»^ if § •'). 'J*hc said company may buy, build and own boats
^' t* ** ^*' and railro.i I car*, for cm tjing on thoir bw-iness, and may
di<po<e of thiir priportv. or any portion ol it, by sale or
o'horwijie. Tiny may i • (reive real <slat in payment of
(*ie subscription to the slock of said comp^my, and shall
h»ve the right to a^quir<- and hold, by pun hiisr or other-
wi«e, such real *'state, minirig rights and ri^ht of way as
may \>*- r.^cpssary for t'lo su<*ccs.sful proso( iitlon of their
bu?ine^"», aid the sam**. <<r any part Mn're'il, to sell or
ot I'-rwise dispose of, an tie interest of the < ompany may
reauirc.

»»•• utA 6. Tlur 'laid company nhall havi; power (o construct

and oprrate a l»ranoli or -wl*- track, to « r)nn«M t their mines
with at>y railroad which m <y pHAs llirong!i their lands;
aJso, to lay out and coustruct a canal from their mines to

017 1857.

the Illinois river: Provided^ (hat neitlier said branch
railroad nor said cui. il shall exceed two miles in length.
Tln^y shall al^'o have power to build such depots, wharves
and docks as they may deem nece<;sary; and when the
said company cannot acquire the rif;!:t of way or gr«»»nd8
for dep )ts and whar\t*s, by purcha'ie, then it shall be
lawful for them to conde nn the same under the provi-
sions of ati act entitled "An act to provide for a general
system of railroad incorporations," approved November
5th, 184^.

§ 7. It shall be lawful for the president and managers power to borrow
of said company, from 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 -aid company, and
pledge or mortgage all or any part of the estates or
improvements, pri\ilegeg, effects and ;i:;sets whatsoever of
said company, for the payment of surh sum or sums of
money so 'borrowed and for the interest thereon, at such
times as may be agreed upon.

j:^ 8. This act shall be deemed a public act, and to
take effect from and after its passage.

Approved Feb. 16, 1857.

AN ACT to repeal "An act to charter the city of Ilutsonville." p^^ ,g ,gj,.

Section 1. Be it enacted hy the pmple of the strife of
It/iri'jisj in General */9.<isenib/i/ represented^ That the ''Act
to charter the City <;f Ilutsonville," approved February 'id,
A. D. 1853, be and the same is hereby repealed, and ti.at
all officers created by or under the authority of said net
are hereby declared vacant; that Catlin Preston, John A.
Merrick and E. Callahan, are hereby appointed, with full
power to adjust the accounts of the present incorporation;
complete its conlracts, pay its debts, and if any funds
remain, appropriate them to the benefit ot schools in
Hutsonville.

§ 2. This act to take effect and be in force from and
after its ]>assa>;e.

Approved Feb. 16, 1867.

1857. 918

r*»-l«,iv.*. AN ACT to chAigc the nanif of Levi ISIynrs.

SkCTiON 1. -^f iV enacted hy the people of the state of
riwoisy represented in t/ie Gene rat •'hsetnhtt/. That the
naiiif of Ltvi Mmu-^, of Hardin county, Minois, bo and
the s;'.me is litTeby cliangtul to Lewis Love, for all inirpo-
§es whatever.

§ -. That the said Lewis Love may sue for and
recover all amounts due and owing to him under the name
of Lewis Love; i«nd all debts which he contracted \>nder
the name of Levj M\n«s, may be collected and .sued for
in the name of Lewis Lo\ e.

This act to take elJVct from and after its passage.

Approved Feb. 1(3, 1857.

Ft* l<,MSeT AN* ACT to amend ''An act to incorporate (ho Chicago Thooiogical

Siiniiiarj."

Section 1. Be if enacted hy the peop/e of t/ie sfatt (>/ Uli-
nnis^ represented in the (ie)teral ».hscmhl;/y That the board
of directors of ''The Chicngo Theological Seminary," for
the purpose endowing proressoisliij)S in said institution
and oihrr objects within the scope of its charter, sh \11 be
•■tb^ritcd authorized and empowered to loan, from lime to time, any
funds belongii.g to said institution, in sums of not less
than one thousand dollars, and not more tiian twenty
thousand dollars in one loan, for peiiods of not less than
one year an<l not more than ten } ears, at the rate of ten
]>er cent, interest pf-r annum, on unincumbereji real 'state
Security, in Cof)k county, of at least double the value of
the sum loaned, an} thing in the laws of this state to the
contrary notwilhstaniJing.

§ -. The securities for such loans shall be made to
the said board <>f directors by their corporatj- nanus and
•tyle and in their corporate caparilj; and all such secu-
rities on real estate may be released by said ccnporalion,
b\ dted, under their corj)orate "leal and the signature of
their fccretary.

^ o. Nothing in tlii< act shall be constrtied to )/revent
liaid board of directors from purchasing witli the lunds of
9aid inotitution any bonds, mortgages, stocks or other
fecuritieii having mori- than t« n years to run.

^ 4. Tlii.1 act shall take effect and be in force from
and aft( r its passage.

ArpRovED Feb. 10, 1857.

919 1857.

AN ACT to incorporate the Beardstown OakwootU Cemetery Asaoeiation. ^eb. I6, i86i.

Section 1. Be it enacted hy the people of the atate of
Illin ns^ represented in the General AfiHcmhltj^ That
Cliules Spragiie, Cliristoplier II. C. Havekliilt, H-^race
Billiigs, Henry E. Daininer, EbcTiezer Fisli, William
C'l ise, E Iward Parker, C:iarles Norbarry and Tliomas
Eyre and tlieir a<?3ociates and succnssors be and they are
hereby created a holy cori) »rate and politic, by the name
and style of the "Beardstown Oakwoods Cemetery Asso- n»w>o «iid «tyi«
cialion," near the city of D>»ard«town, in the county of
Ca<'-?; and by that naiae and style t'» have perpettial sue-
ce<!-;ion, and all the powers, right?, liabilities and immuni-
ties incident t^o a corporate body.

§ L'. Tlie otfieers of said association shall be nine di- <*"<«**
rectors, and such other officers as by this act may be au-
thorized or created, each of whom shall bt; the owners of
one or more lots in the cemetery of said association. Said
directors, or a majority of theai, in all cases, shall consti-
tute a board for the transaction of all business ami the
management of all property of said association, and shall
be elected by ballot, on the first Monday in March in each
year, and shall hold their offices until tlieir successors are
elect id.

^i 3. Said board of directors shall clioo'"e from their Pro-ident,
own number a president and treasurer, and shall aj)point
from the members of said association a secretary, a sexton
and such other officers as the interest of said association
may require. A bond, with security, shall be taken by
said board from said treasurer for the faitldal discharge of
the duties of his office.

§ 4. At all elections of said association two of said di- Eie.^ion«.
rectors shall uct as judges and the secretary of the board
as chief clerk thereof; and said clerk shall, wiihin ten days
after each election, give to the persons chosen a certificate
of their election. Said board may, on giving ten days'
public notice thereof, hold a special election for filling the
vacancy or vacancies occasioned by the death, resignation
or removal of any of said directors. i

§ 5. Every person havi.ig a title of one or more lots v.-tw* "

in said cemetery shall be a laember of said association, and
entitled to one vote only. Absent members shall have
po-^er to vote by proxy, authorized by writing, first filed
with the secretary of said board.

§ t). Said board siiall have power to purchase or receive, •: nnd».
by grant, or otherwise, and hold lands, not exceeding for-
ty acres, for a cemetery, and to s-urvey ai.d lay out the
same intn lots suitable f>r the ijuriai of the dead, (suf-
ficient ^..)und shall be reserved fir a "Pottei's field," or
comr<on burial griund, but which shall remain under the

1857. 920

superintenilen e of tliis association^ also, to sell ami con-
wy \Uv same, Ky Cf rtitioat»>s ot" puri-l ase, m'i^i.hI and ac-
kiiowleiineii by tFif pi esiilt iit, aiui attestttl hy tlic secre-
tary, as hcreiiialter providi ti; and the jmrcliaser tluieof,
their heirs ltd assigns, shall use tlieir said lots for burial
purjoses only,
f ^ 7. The pr(^reeds arising from the sale of said lots shall
be applied by Niui dircctuis lo the paynuntof ihe puuliase
money of said giound, ami in inclosing, protecting and or-
uainenting said cemetery, and in making such other im-
provements thei I on, and for si4ch other purj^oses, for the
interest and obj> cts of said association, as the said direct-
ors jhall have power to esl.il)lis!i, and ciiange by-laws,
prescribe rules and regulations for the appoii.tment, term
of office, duties and fees of t'ii«ir iifficers, the government
of the association, and the general supervision and control
of its property. Said board may, for cause, remove any
of the officers of' its appointment.

^ S. Said association shall have a corporate seal, with
such device and inscription thereon as may be determin-
ed by said board of directors. All deeds or other wji'inns,
made or issued by said asiiociation, shall be signed by the
]»resident, attestt d by the secretary, and sealed with said
corporate seal.

$ 'J. Said board of directors shall cause to be kept and
preserved, in a book "r books provided by them for that
purpose, a full and complete record of all their meetings,
proceeding, OTcNrs, purchases, and sa'ts of })roperty, of
the burials in f^iid cemetery, with ihe names and ages of the
dead; which hook of records, as wi II as all other books
kept by the l)oard of directors ortluir secretary, shall, at
all times, be open for inspection of the members of said
association.
ftiiM if ^«p«r* § l'^' The right of property to any lot or lots in said
**■ cemetery shall be vestetl in the piirchasi-r, by certificate

of p'lrchaie, Higti»<l hyjpreii»leii» and attrsled by the sec-
retary, ^nd »ra!< d as her* inhefor»* provided; wliich cer-
ti6cHte shall be rci'ordrd by the secretaf-y. K"ery trans-
frr of d'ich certific te shall be made by surrendering the
snme to the sicrelary, who shall issiie a new certificate to
thf a<iignee und ranecl the formi.'r. Lots owned by in-
dividual in flaid cemetery shall not be subject to be sold
on »'Xecution for debt.

5 11. \ plat of s.iid cemetery shall he made by some
competent surveyor, undir the direction of said board of
director!, attested by said surveyor and acknowledged by
t' 6 |*re<ident of st'd a^siciation before anv officer author-
i/rd to take ackliow'' dgments of deeds; ctnd wli»u so at»
t«'«i«' I Htt(t acknowli 'igi-d shall be record- d in fhr rceor-
der's office of aaii c junty of CasS} and statu of Illinois;

MmmU

n*' •»! M'

921 1857.

and such recordinpj shall give to the recoru all the force,
eft'fct and virtue tliat is by law ^iven to records of town
plats.

v^ 12. All the ])r'>|)erty and rffects of this association
shall be exi'inpted Iro n taxation.

§ VI. This act shall be considered a public act, aiid
shall be construed ben fu-ially for all pur|.oses herein
specified or intended — to be iu force from and after its
passage.,

Approvkd Feb. 16, 1857.

AN ACT relating to the city of Alton. Feb.ie, 1897,

Section 1. Be ii enacted by the people of the state of
Illinois^ rppresented in the Gtneral %,'hsemhlij,, That it
shall be lawful for the city of Alton to reissue bonds of the
said city, to be j^iven in exchange for bonds now due or
to become due, for stock in the Alton and Sangamon rail-
road, fu )w kimwu as the S tint L')uis, Alton and Chicatro
railroad,) and the Terre Haute and .\Iton railroad, together
with interest and other expenses that may have accrued
thereon, and for other purposes; and that all bonds here-
tofore issued by said city, for any of tiie above purposes,
is hereby legnliz^'d.

This act to tdlce effect from and after its passage.

Approved Feb. 16, 1857.

AN ACT to Tacate the town plat of East Burlinjjton, in the county of ^eb. 16, i»i.
ileiuleraon, and replat the aamc.

Section 1. Be it enacted by the people of the state of
Hiimtisy repre^enti tl in the General ^^ssernhly^ That the vil-
lage plat of East Burlington, in the county of Henderson,
of record in said county, be and the said plat is hereby
vacated, and the proprietors are authorized to replat the
sam'^, in such manner as may, in their judgment, be re-
quired.

^ -. This act shall be in force from and after its pas-
sage

Approved Feb. 10, 1857.

1867. 022

r«t. »4. i#yr. AX ACT to incorporate the Brighton lW.c\ and Stock Yard Company.

Section 1. Be it otncfed hi/ the people of the sfd'e of
It'tiun's, reprexrtittc/ in the (t'nera/ ^issrrnh/i/, Tliat (• orge
W G^tje, Aiitlreu- Hnnvn, Davi.l A. Gajrc, O S. Hough
an<! NL-holas P. Iglt-hart, atui tlioir successors, are In rtby
constituted and declared a body corporat«« and politic,

•ir>. wiih succejfsion, hv the name and stvle of ''TIip Brighton

Hotel and Stock Yard Cjuipany," from and after the pas-

«♦«#-»! «-T»>- sarre of t'ds act ; and shall, by that name and styh, be
r» jv«».-». capable in law of sniiig and being sued, iniph^ad, answer
or defend, in law or equity, in all courts and places v hat-
soever ; make and use a conim')n seal, and alter or i«new
the same at pleasure ; and by their said corporate Dime
and style, shall be capable, in law, of contracting and bting
contracted witli ; and shall be and are h'-reby invest d
with all tho powers, privileges, immunities .md franchises
of acquiring, by purchase or otherwise, and of holding and
conveying real and personal estate, which may be needful
or convenient for carrying into etiect the purposes .nd
objects of this act : Pr-ovitteil^ howt revy tbat the entire
aggregate purchases of land, hereby authorized, shall not
exceed five hundred acres.
Html ^ 2. Tlie said company shall have power to erect or
purchase a hotel, together w th suitable weighin- scales
and fixtures, out housrj, staltles, barns, cattle p< ns, pas-
ture grounds, and inclose the same, and all nect .ssary or
convenient appendages, for a cattle, sliecji, liog and horse
mark»'t, at or in the imnjcdiate vicinity of tin- town of

Brighton, in Cook county, Illinoi«; and to use such powers
I -._• •! .•.. «t _ 1 *: ..-.-.. .I..*:.... 1««.-

also, stiaii MHve power to suooriiic, |'i;i(, lease, reni, sen
and convey, ia<? in tl.e discretion of the boaid of directors
may be deemed projier,) any ])ortion of tht ir real estate;
and make all such by- laws, rules and regulations as may
be d«-«-rn»"d exp'-dirnt fur th*- interest of sjiid coin;>any, not
inconiii«tent wiMi the law^ of this state or repugnant to
tlii< art. But no convrj ance of the real estate of .^nid
coirpnny shall be valid, unless signed b/ tlie president,
treasurer and secretary thereof, ntuler the s« ul of Sitid
company, and the name <luly acltnowledged, before a pro-
per officer, according to law.
^^t^p^^ ^ '.], The capital Stork of said company shull be
*' fifty thousand dcillars, v hicli may be increase!, from

time to time, to any sum, not exceeding the entin amount
e/cpended on i»aid hot*.!, including cost of the ♦^amo and
all th«- appurt' nanctfl and valu- of hinds or h>t^ th< re-
ualo belonging, divi.led into 3!iarci< o; one huntlred dollars

923 185T.

each; which shall bi» deemed personal property, and may
be issued and tran*-!' rred in such m^^nner as may be or-
dered and provided by the board of <lirectors, who shall
have power to require the jiayment ot' sums subscribed by
stockholders in such manner and <mi sucli terms as they
think proper; and on refusal, nep!. ct or default, on the
part ot the stockhold«rs, or any of ttiem, to make payment,
on the requisition of the board of directors, the shares of
SUih delinquents may, after thirty days' notice thereof,
publisht'd ill a daily newspaper of the city of Chicago, be
sold at public auction, under such rules as said board of
directi. rs may adopt: the surplus money, if any remaiiiing,
after deducting th*- payments due, witli the interest and
necessar}' costs of sah', to be paid t) such delinquent stock-
holder. The persons named in the first section of this act,
or a majority of them, are hereby authorized to di>5pose of
the stock in said c mpany, and to cause books to be Ro^ks of n^
opened for subscnpti mis to said capital stock, in such man-
ner and at such times and places as they shall deem expe-
dient.

§ 4. All the corporate powers of said company shall Directors.
be vested in a board of direct' rs and such officers and
agents as such board shall appoint. The board of directors
shall oansi.<!tofnotless than five stockholders, to be chosen,
annually, by the stock!iolder.=; — each hare having one vote,
whioii may be given in person or by proxy; such directors
to continue in office for one year, find until their succes-
sors are elected dnd qualified. Vacancies in the board
may be filled, at any time, by two-thirds of the directors
remaining; such I'.ppointees to continue in office until the
next regular election of directors.

§ 5. The said company are autiiorl/ed and empowered Puerto borrow
to borrow, from time to tim^, such sum or suuis of money, '"°°*''
not exceedipi; the capital t;tock of the said company, as,
in their discretion, tlie directors thereof may deem neces-
sary, to aid in the completi.n of the objects herein con-
templated, and to pay int^-f'st thereon, not exceeding t» n
per cent, per annum ; the same payable semiannually or
otherwise ; an<1 to pledge '.nd mortgag* the said hotel and
its appeuflages, or any part thereof, or the real estate,
eflfects, rii^iits, credits or franchises of said company, as
security ior any loan ot money and interet thereon, ai»d
to dispose of the bonds issued tor such loan at such rates
and on such terms as tbe board of directors may determine.

§ 0. Si soon as tlie sum of thirty thousand dollars of Notice of tit*.
the capital stock of .' aid company s'hall hive been sub- «'<'■''*'«'««"•■
scribed, and fifty per cent, thereof paid in, the s;ii'l per-
sons named in the firt section of il,i? i>ct, or a majority of
th ;m, shall givp twrr»ty days' notice, by publication in a
newspaper printed in the city of Chicago, of an election,

1S5T. 024

bv saiJ «t<-»ck!»'^U1prs, of a hoard of (Hrcct "irs, as lioreinbe-
fore }>rovi«l«Ml. At the time ami place appoiiitetl for that
purpose ill said notice, the said persons named in tiie first
section, or a majority of them, shall attetul and net as in-
spectors of said election; arul the stocklu>lilers pies'ent
shall proceed to elect five tlirectors, by h.illot ; and the
i^aid inspectors present shall ctrtity the r«'sult of said elec-
tion, under ll.eii hands; which certificate shall l)e recorded
in the record book of said com|)any, and shall be sufficient
evidence of the election of the directors therein named.
The directors thus elected shall hold tht ir otfic«s fur one
year, and until their successors are elected and qualified.

^ 7. Tills act shall be deemed a public act.

Approved Feb. 14, lb57.

f*. It, I4ffi. AN ACT to establish a forry r\t the city of Alton.

Section l. Be it enacted hi/ the people oj the stale of
IHiutiiHy reprefiented in the Htneral jissem^li/. That Jacob
Tia« iiaiit«d. Paul, and such other persons as may become associated
with him, shall have tlie exclusive right to establish and
keej> a ferry across the Mississipjii river, at the city of
Alton, in Madison countv, tir the term of twenty years.

§ -. They shall at all times keep a good and safe ferry
boat, fir the transportation of all persons an*! property
which it may he necessary or that may dt mand to be
crossed at .said ferry. The snd ferry to he pr •pclh d by
hor^e or steam j>ower, or sufficiently m:uiur,! to he per-
ft-ciiy «afe; and to charg"SU<;h rates of f.Tri;nr« as m-«y be
fixeil by the common council of the city of Altfu.

{ :5. This act .shall take effect aiul he in force from and
•fter its pa^sai^e.

AfPRuvtiD Feb. l^j, 1M'»T.

r«b l«, i<WT. A.S ACT to ameml th« incorporation Uvrt of Metropolia City, in Maaiae

coiiiity.

SrcTIO?* 1. /ir it rnarlrd hif the people of thr state oJ
/llir:oisf rrprr^rjilrd in thr (ifitrral ^'/sscmhli/^ That the
9»i^» l»*g;i' voters of .Mulropolis ('iiy, in .Ma«Mac county, are
hereby aulhori/i d and einp'>werr;d to elect an oificer, to
be known and stjlcd the "Police Justice ol Metropolil
City."

926 1857.

§ 2. The said police jintire shall hold hisr office for the
term of two years, and until Ins siuM'es<»( r slnll be flerted
and (jualified. And it shall he the ('uty of the hoard of
trustees of said city to order said election, and to cause
notice thereof to be posted iij) in four places in said city,
at least ten days before said election. And said election
shall be conducted nnJ returns ther of njade in the same
manner and in all respects as in elections of justice of the
pea.e, under existinj; laws.

§ '.). The said police justice shall be elected on the first TimeoieieciioB.
Alonday in June, bieiiniall}, and shall be commissioned by
the governor; and, when duly elected and qualified, shall
have jiiristliclion ot all suits for sums under oi^e hundred
and fifty doll rs accruing v.ithin the cdrporate limits of
paid city, and exclusi\ e jurisiJii-tion of all violation" of the
ordinances of said city; and the police justice shall be, ex
oj/icii), yisiive of ilie peace of said count), and shall have
the same jurisdiction as other justices of the peace, under
existing laws.

This act to be deemed a public act, and to take effect
and be in force from and atler its passage.

Approved Feb. IG, ]S.j7.

AN ACT to amend an act entiUpd "An art to expedite and inmire the reb. ic, I89T.
tboroiieh draifiase of flie flwamp lands of the county of Iroquois, lUid •
to facilitate the sale thereof."

Section 1. Be it enacted by the people of the state of
Uliitoisy rc])reftc7ited in the General ^^ssiinhhj^ That all
purchasers of swamp land's in said county shall have i.ct
less than one year and not more than two years, at the
discretion of the county court of said county, from and
after the time the title is confirmed to said county, in
which to drain the samt ; and nt) tailure on the part of the
purchasers of swamp 1<^ ds in said countv to drain the same
within eip;ht months fr ni and aftei the day ot sale thereof
shall operate as a foi eiture of sai<l lands or the purchase
nione) paid therefor either of lands already sold or here-
after to be sold.

(^ '1. That all sales of said swamp lands by the county ritoifrjBc t
court of said county prior to or witliou: tit- same havinp b» en '*'""'
pn viouslv engiiieered and classified, are hereby legalized.

^ '•\. Each and every purchaser of swamp lands in said PuKbi*en.
county, who shall purchase the same prior tu the time the
title is confirmed to the county of Iro»j».oi', shall have not
less 1 ran one year and not more than two years to drain
the same, at the discretion of the county court, from and

)•*«•.

1S57. o:o

afler tl>e time the titK" is confirmed to the said county;
and in all sales made after the title is confirmed to the
county the )>nrchasers tliereof sliall havf not U ss than one
year, and not more th ui two years from the date of sale, at
the discretion of the county court, in which to drain the
H *.«3tT same.

J 4. Wlienever the county judge of the said < uunty
shall be satisfied, eitlur l^y the riport of swamp land » n'^i-
neer of said county or uy other evidence, that uLy portioti
of the swamp lands wliivli have been sold are thorouglily
drained, he i^ hereby authorized to convey tlie title, of the
county in and to the pit oe or parcel so diaincu to the pur-
chaser or purchasers tlu-reof, by good atid sufficient deed
of conveyance, in fee simple.

§ '). That all acts or parts of acts v I ich conflict with
the j)rovisions of this act are hereby r<|.i aled, and this act
to take effect and be in force from diid after its passage.

Approved Feb. lO, lb57.

It, 1851. AN ACT ill relation to tlie Lake Shore Plank lload Company.

Section \. Be it rvacted hy the people nj the state of
///iii'/isy represented m f/ie General %l\se7/ihti/, That the
Lake Shore Plank Roiol Company, orgHiu/ed under the
general plink road Jaw of the state of Illinois, is herrby
authorized and pcrmitN-d to use, in li*-u oi plank, in the
construction and r«'pair of tlnir paid road, gravel, brok*'n
stone or any other material which, in the ojiiMion of ^aid
company, sliall be erjUrtlly as good as plank : Prtn'idcdy
hoirever^ 'h«t any portion «<f sai<l road wliiidi may be con-
structed of material other than plank slojll l»u api>r()ved
by the roa«l jn^jjertor*', as p-ovidrd by \,\w.

5 2. Tl\<* act shall take ttfect and be in force from and
•ft» r its passage.

Afp»ovED Feb. !♦), 1857.

»•. l«,tWT. A.V*ACT In a-liltlon to «n nrt •tnlltled "An • i to liicori«'>rAto th*> Saline
Cwal And .Mdiiufsctuitn;; Company," p4*i)<!d January '2H'U, ISjI.

Section- 1. Be it enacted hy ttu prople of fhr slate of

J'Ainni^^ n pn Hi.ntid in Hie dtucal A>,mvihhj^ That any

ai«M* «( •uci' i;«;rjrfn>wn* (g Raysliajo )\ interest in llie Sitline Coal and

%.Mtt%. \W\x\x\*\.\\\t\iv^ Corrpany, '.i nn jasociate or aH.;i'^M*!< , "hall

be cLlitUd lu a cuiliticatc, signed by the prtaidcnt and

027 1857.

countersigned by the socretary of said company, specify-
ing the ex.t'iit and notninal valuu of such intrrt-st, and th<tt
the ownt-r thereof, or hi^ assigns in tntitlrd to tlie same,
and to the profits ihcre«.t, in accordance with the charter
and by-laws of said conpany. And it is hereby dtclaied
that such s' arc- or intejest shall be assignable on tht- books
of tt <■ .*iiiil company only, U|)on the surrender of saiti eer-
tificau- and upon the payment of all df bts, if any due from
such owner to said company J which debts shall be held as
the prefemd lien upon such shares. The rights und lia-
bilit'es of associates or shareholders, and their assignees
in said company, shall be the same as in ordinary railroad
or other incorporated ronipanies. All taxes shall be as-
sessed upon and all liubilities incurred and paid by the
coinj)any and not hy tiie shareholders.

§ J, That tlie Salim- Coal and Manufacturing Company Bnagc«.
is authorized to co'itrs. ct and maintain radroau and other
bridges over the Saline ii\er, upon the said company's
lunits, and to 1 «y railroad tracks upon any of the same:
Prtvidtd^ that no such biidge shall be so constructed as
to j)revent th ; free passag«? ol flat boats.

§ :'. This act shall be in force from and after its pas-
8a;.,e.

Approved Feb. IG, 1357.

AN ACT to incorporate tbe Decatur and Galena Railroad Company, 'cb. 16, iSffl.

Section 1. Be it enacted hy the feaple rj the -fate oj
Illitiuis^ rtjjresfuted in the Genera/^isseviu/i/, That all such
persons as shall become stockholders, agreeable lo the
provisions of tiiis act, in this corporation, hereby c.eated,
shall be, v.iid for the term of sixty years from and alter the
passage of this act shall continue to be a body corporate
and politic, by the name of " The Decatur and Galena style.
Railroad Company;" and by that name sh.all lii.\c succes-
sion tor the term of sixty years, os afjresaid ; and hy that ^-'nerti eorpo-
name m^y sue and be sr.ed, c«»mplain and defend, in any '■"^**"-
and all courts of law and equity ; may have and use a
con.moa seal, and alter the same at pleasure; may make
by-lciws, rules and regu'ation*' for the m.magemtnt of pro-
pert), the regulation of it.' atfairr, and for \.\it tru.i^ffr of
its -stock, not inconsistent with lliP exi-ting b.Wi aid uon-
sti'Ktion of this state ur of ihe Uiiited States; tt d may,
morcivtr, ^pj.oint such "^ul. ordinate agtuts, oHIrtiS and
servants as the buHinesv^ of said ccmiiiny may ref^u're,

1S5T. 92S

proscribe tht-ir duties ami require bonds for the faithful
perlorman 'e thert'of.

''■■ ' " > $ '2. TliHt J. J. P.Mldecord, Jaoob Spanglor. 1. C.

Pugh and William Prallier, of Decatur; and Aiitlinny
Ddls, A. K. Mirtin, John Gill, R. II. Kill.r, Jam. s Tat-
tle anil A. W. Morijave, o( Atlanta ; and Geoim* C. H ster,
John T. Linilsay, N. H. Curtiss, J. D. Arnold and Liwis
Howard, ot" Peoria ; and S \V. MoMaster, (i. C. McKin-
ney, James Carter, D. A. Barrows and C. B. Denio, of
Ci\ilena, be and they are hereby appointed commissioners,
for the j)urnose of procuring subsci iplioii^ to the capital
St.H^k of said ci'mjjanv, uiiose duty it shall be, by tliem-
i«fc»fTtjKioo. Selves or duly authorized at^i-nt or agents, to opt'n books
for that purpose, giving notice ot the time and pl«ce when
and where said books wil' be opened, at least thirty days*
pre\ i »us thereto, by publication in such newspupers as
said « )mmi>sioners may designate. Saiil commissuiMers,
or a majority ot them, shall attend at tlu' ])Iace nppMntt^d
forth opening of sail! book-J, and shall continue to receive
subscrijttions, either personally or by such agents as they
shall u|)|)oint for (hat ])ur])ose, until the sum of fifty thou-
sand (i')llars is subscribed ; and as soon as said sum is
subscribed the saiil commissioners shall give twenty days'
notice, b\ publication in newspapers published at D<'ca-
tur, Atlanta, Peoria and Galena, of an election, by said
stocklioldei.s, of a board of dirpctors, as hereinafter pro-
vided, for the management of said company. At such
time and place appointed for that purpose the commission-
er'?, or a majority of them, shall attend and act as inspec-
tors of said elec'ion. And the stockholders present shall
proceed to elect thirteen directors, by ballot. And the
comuii-isioneri p.fsent shall certify the result of such elec-
tion, ondcr their hinds ; which certificate shall be recorded
in tin record book of said conjpany, and shall be suttiL'ient
evidence of the election of t!ie directors therein named.
The tlitectort thuv elected shall hold their offices for one
year, bud until their successors are elected and (|ualified.
^ .'J. The capital stock of said company shall be five
hundred thotii^and dollars, which shall be divided into
nhares oi . ne hundred dollars each, an<l may be increased
by the dir"-ctor» of said company to any sum or amount
not excerding one million of dollars, if necessary so to do,
for the ol)j • ts of this iori»oialioi) ; arjd the. same shall be
fubicribeil it and taken under the direction of the board
of directoM "f laid compafiy, in such time and place and
manner a* t.',<y shall from time to time direct. Tiienharei
in laid conij. nj slmll be deemed and con9idere<l personal
property.

5 1. Ttf afT.iiri of «aid company sha'l be manngrd by
a board of Ihilcen directors, to be chosen, annually, by

I'M n o* d.

akr«A«ra

929 • 1857.

the stockholders, frorn among themselves. At all elec-
tions for directors each stockholder sliall be entitled to
one vote for each shart; liehl by him, nnd may vote either
personally or by proxy. In case of any vacancy in the
board of directors the same may be filled at any meeting
of the board. Said directors shall choose one of their
number a.s j)resident, and may choose such other officers
for the corporation as they may think necessary, and pre-
scribe their duties.

§ 6. It shall be lawful for the directors to make calls A»iii«.rity ©f ai-
upon tliestims subscribed to the capital stock of said com- ""^ ^""
V pany, at such times and in such amounts, not exceeding
ten per cent, per month, as they shall deem fit, giving at
least thirty da)s' notice of eacli of said calls in at least
three public newpaj)er?T publisjied in this state ; and in
case of failure on the part of the stockuolders to make pay-
ment of any call made by s«id directors, for sixty days
after the same shall have been due, the said board of direc-
tors are hereby authorized to declare said stock so in
arrears and all sums paid thereon forfeited to the said
company.

5 G. Tile said company are hereby auihori/ed and
empowered to locate, construct and conij)lete and to main-
tain and operate a railroad, with single or double track,
and with such appendages as may be deemed necessary
by the directors for the convenient use of the same, from
Decatur, in iNIacon county ; thence to Atlanta ; tin nee to L»c«iiouof r«aj.
the (?ity of Peoria ; and from thence to the city of Galena;
and tiiey are authorized to survey and determine the lines
of said road upon such routes as the said company sliall
deem most eligible.

§ 7. The said company are hereby authorized, by their Right er w»r,
engineers and agents, to enter upon uny hnids for the pur-
pose of making the necess.-.ry surveys and examinations
of said road, and to take and hold all lands necessary for
the construction of said railroad and its appendage.", ma-
king just and reasonable compensation to the owners of
said lands for anj damages that may arise to them from the
building of saiil railroad; and in case said company shall
not be able to obtain the title to the lands through which
laid railroad shall be laid, by purchase or voluntary ces-
sion, the said company are hereby autliorizcd to ascertain
and determine t!ie damages sustaified by such owner or
owners in l!i ^ manner as is provided and prescribed by the
several chapters of the Revised Statutes of this slate, enti-
tled ♦' Right of Way."

§ 8. The said company are authorized and emj)ower- P'*'>' u Vcrr^w
ed to borrow, from time to time, sue « sums of money, not """'*''
eJtceeding the capital stocic of such company, as in their
discretion may be deemed necessary, to aid in the COQ-
— »1

i?57. ^-^

stn.riion of saiJ roail, oml (o pledge and in(irl«;;igo said
ro.ul or any |tro})<>Tty» efiVcts o» tiaiuliises ot tlit- MiiiJ eom-
|»ar»t, OS security Tor any loan as ulortsaid.

5 l>. Tlui said coiMjuijiy sluill be allowed live joars
afiei the date of the paj^saije of this act to coiiiuience tlie
f oi-.«tnii"tiMii of said railroad.

Approved Feb. I'i, 18o7.

r** ic tJOr AN A,cr to incorporate thf F-.^rIp Insuranfr Company, at lM«r«haU,

Cl.iik county, lilmoiH

SrcTioN 1. Be it etiac/ed hi/ tlie ptojilc of tin' state of
llinniK, representdt in tlie Utiieral ^^hsi7nl>li/, 'Vi^Hi Na-
tlj.ui Wdhtrd, Uri M.ioly, Charles Jidmston, Robert
Brown atid Samuel McClure, and all snch other persons
as shall hereafter become stockholders in the corporation
hereby created, sliall be a body j)olitic and corporate, by

>.-*•»*»: Mrts |»,p iiiime and style of "Tlie Kat;le Insurance Company,"
to he located in the city of Marshall ; ;ind said corporation
may conti:i;i'; until the first day January, one tiiousand
i.jne hundred; and shall have ])0wer to adopt a common
seal, and plter the same at pleasure ; and in that nnme
sliall trar.'jct its business, and have succession; may sue
i>"«l b»! sui-d, answer, prosecute and defend, in all courts
« justice wiihin this slate, of coni|iet»nt jurisdietion.

c*f. ■«!•<«« § "2. The capital stock of this corporation shall be two

hundred thousand dollars, and be divided into shares of
one hundred dollars each ; but shall he entitled to unjoy
all its franchises when fifty thousnnd dollars shall bo sub-
•crib«'d and ten j)er cent, of said subscription paid in cash,
anri the hiilance sccur« d to the satisfaction of the directors.

M^^tf«u« •« ^ '^^ 'I'be abi)vc named incorporators, or a majority of
them, shall open books at such time nnd place, in the city
of M trshall, f'jr Hubscription to the capital slock, as thry
ah^'l «ppf)int,by giving three weeks' nolic(! in one or more
|i'ip»'rs publisln'd in said city, that such books will be open-
ed to sub.icribei^ to such cHpital 8(o< k, and thai they
will remain open until fifty thousand dollats fihall bo suh-
• cribed, and ten per cent, paid in ; and then the stock-
holders may organiz*- the company by choosing ill direc-
tors; and at whi<-h time the ten per cent, of the cupilid
iito< k "o paid iti, sh.dl he paid over to thu directors, an!
the brtldne»^ seeiiied to their «nlisfuction.

)f 1. The stock, funds and business of this corporation
•hall be inana|^':d by five directors, one of whom .shall be
pre»i'Jent, and three of whom iliall form a quorum to

931 1M.07.

transact busines-i; :v\<] saiJ corporation may loan its funds
at any rate ut' inttitst lliat m;iy be a^iecd upon, and col-
lect the same in any court of law or tquity in this state,
having comj)etent jurisdiction. At all eltctions lur direc-
tors, each share shall he entitled to one v jte, and absent
stockljolders may vote by proxy, the holder of which be-
int^ H shareholder. No person shall be eligible to the office
of presidi-nt or director, who is not a slocldioldt r in tho
corporation and a residi-nt of the state of Illinois. And
after the first election there shall be an annual election
held on the first Monday of April in each year, at such
time and j)lace in the city of Marshall, as the directors
may appoint, whicl; dir-ctors shall hold their offices for
one year, and until others arc chosen and qualified. No-
tice of the time and place shall be given, at lea-^t three
weeks previous, in some newspaper published in the city
of Marsliall.

§ 5. At every annual election the directors shall ap- ra'peciert a
point three stockliolders, who are not directors, as inspec- •'•*^'""'
tors of such eleet'on, who sliall canvass the votes and de-
clare the result thereof, and the five persons who shall have
the highest number of votes shall be directors for the en-
• uing year. Said directors, when clusen, shall proceed
to choose one of their number, by ballot, prcs'iderit, and in
case of death, resignation, dis'(|ualific;'.tion or absence,
shall in the same manner ap|)ciint a president, pro ffmporc,
who shall discliarge the duties and exercise all the func-
tions of the president. The directors may also appoint a
secretary and treasurer, and such other officers and agents
a^ they may think necessary, and define tlieir duties and
determine tlieir compensation; and require such security
for the faithful performance of their duties as jhall be deem-
ed proper.

§ 6. The corporation hereby created shall have power eorpor»»e pow
to make all kinds ol insurance against fire, and to make Vtltt^^ '"*'
marine insurance upon vessels, boats and water crafts,
employed in inland, lake, river, ocean or canal navigation,
and upon all goods, wares and merehanclize, produce or
property transported thereon, or otherwise, and upon all
ocean, lake, river, railroad or inland navigation, and all
risks of every kind whatsoever ; and upon money trani-
mitted by mail or otherwise, and may cause themselves to
be rt insured upon any risk or insurance which they may
have assumed or taken in the progress of their business.

§ 7. It shall b'j the duty of the president and directors
to make a complete and perfect statement of the condi-
tion and affairs ot the corjtoration, and report the san'.e to
the stockiiolders, at tlieir annu il me«ting in each year, and
to make a dividend of so much of the profit of said corpo-
ration as to them shall appear advi>'able. Bat in no case

aid! •(

shall thtv tleclare a cliviiionil t]iat shall impair the onj)i(nl
$lo«.k or iiilViiige tin ri-oii ; ami in case of lo-^ses at any
(iiuc, tittt shall lesst-n the c;i|>ital stock, calls shall be
lorlhwiih made tor installmtnts ot" unpaid stock suti'uiint
to restore tiie capital ; no dividend shall he tnadi until
lh»; capital stock is restored from the profits arising from
the business uf the corporation, nor shall any prt miums
received bi counted as pr«)t\ts until the risk lor which il
was ti len -ihall have tciminated.

>■#• ztf. § •'^- All policies ot insurance or otiier engagements

shall be signetl by the president and countrrsigiicd by the
secretar\, with or withviut seal, and shall be binding upon
the corporation, and all such assured may thereupon, in
case of loss arisii.g, mHint.iin an action of debt, covenant,
or on the case agaiii>t such incoijioration.

■».i.w..ojrf.-. § i». Tlie directors, at tli» ir tiist meeting, and at the
time of their org. mization, shall adopt bj-laws, rules and
regulations by which the corporuliou and its meutbers
shall be governed, and may alter and amend the same at
ary subsequent meeting: Pntcultd^ such by-laws shall
not be inconsistent wi.h the laws of this state. And the
dincti rs may opt n books for the subsciiption to fill up
Buch portion or all of the unsubscribed stock as in their
oj.iiiion may be useful or desirable. The directors shall
have power to call in installments of the capital stock at
sucli times as tiny shall dttm adxisabh-, by giving thirty
da).-.' notice in seme paper published in the city of Mar-
<5hall : Priiviiltd^ no call shall he made to exceed at one
lime ten per cent, of the ea]-ital stock subscribed, nor
oftener than once in thirty dajs. The secretary shall no-
tify nil shareholders out of the lity of Marshall of such call,
by in.iiling «uch notice to smh pers»)n'8 address, if known.
§ ]*>. If alter a public cmIi for in.<>tallmrnts he made,
• ((n eahle lo the pr•'vi^ionH «>f .■section nine, any .''hurrholder
»h.ill m gleet or r« r.ise I.) j ay such insf ullnn nts agreeable
to the notice, and for ten da)8 lliereaft«r, the pn sident
may advertiiie so much of the stock of the deliri(|iient
Ah«r)holder t<< he Sf)Id nt public auction to the highest
bidder, ai will pay the amount cHlled for, and expense of
adverli'ing and selling, in which advertisfinint he .•^hall
give notice of the«tiine and place of sale, and the amount
of in^i .llm»iit to b<- provided for, and shall c:iu,>-e the
«atne ti» In- itublixhed ten da)H in s{ me paper in IMarshulli
hrAntv. l|i»f (Iiy of dale.

^ 11. Tliii corpor.ition shall not deal in any real or
pfrional enlate, propertj or merchar.di/.e, except So much
«A l-i nrrexHary for ilt own u'«e, and ••ucli as may he faken
to ■ecur« any debt, or in payiuj-nt tlwreof, but sh.tll Klric.t-
ly confine itflclf to the objects of its creation as herein let
forth.

a«rcMi i4 p-t

933 1857.

§ 12. Tlie stock in lliis corporation shall be deemed si .ck .f r.n.pa
personal |)roj)erty, and iio transfer shall he valid wliile the
holder is indebted to the corporation; and tiiesaid corpo-
ration shall have a lien upon the stock of all stockholders
who shall be indebted to the cor|)oration unt'l the 9 une
shall be liijiuduted or secured to the satisfaction of the
directors. And in case any such debtor shall neglect or
refuse to pay his indebtedness or secure the same lo the
satisfaction of the directors, within thirty days after the
same is due and payable, the president may advertise and
sell at public auctin. so much of the stock of the delin-
quent debtor as shall be sutficieiit, to pay and satisfy his
inilebtedness, and the ex|iense of advertising and sellinj^ ;
the adverliseijient to be ma-ieinsomc newspaper published
in Marsliall two weeks before the sale ; the sale to take
place in front of the court house in said city ; and upon
such sale the president shall transfer U[)on tlie books of
the company, to the j.urchaser, ^the stock so sold, juid a
certificate of stock shall be issued to the purcha'cr. Tho
mode of tran'jferriiii; or alienating the stock, and iho forms
of policies, orders, receipts, certificates or other | apersto
be used by t'le corporation, shall be regulated and deter-
mined by the by-laws of the same.

§ 1^^. The real and personal property of each individ- i,ij»,iiiii««.
ual stockholder shall be liable for any and all liabilities or
losses of the comj)any, to t!ie amount ot stock subscribed
or held by him and not paid in, in all cases of losses ex-
ceeding the means of the corporation.

§ 14. This act shall be in force from and after its pas-
sage, and be liberally construed for all purposes herein
contained by all courts of justice in this state.

§ lo. This act shall be deemed a public act, and
shall be in furce from and after its passage.

Approvkd, Feb. It), lbo7.

AN ACT to aulhori/.e ccrfatn ppraoTia herein nam' I to form a hotel rcb. :6, 1807.

company.

Section 1. Be it enacted hy the people of the state of
///inttis, represented in the Gen' ral ^ssevi'ily. That Allen
C. Falier, Alexander Neely, Henry L Crosby, William
H- Truestlale and Asher E. Jenner, or any three of
them, and their associates, are authorized and empowered
to form a !)ody politic and corporate, under such name as
they may adopt, for the purpose of purchasing land and Porc »m»« i r pr«
erecting buildings, and owning a hotel, in the town of ^" "'

Bclvidere, in the county of Boone, by compljiiig witli
tlie provisions and requisitions v( **An act to authorize
the fonu<»lioa of corporations for inanutacturiiiiT, Hgricul-
turul »i>d niei.hd:ui'al puiposts," passtd Ffhruary 10,
184'.*, so far as iho same may he ap[)lical)h» and n» ressary
for tlie formation of corpor.ilions nmiir said aet; and such
corporation, so formtil, shall he suliJHCt to all the liahilities,
nstriclions and liuiitatlous of naid act, so far as the same
may be consis enl with the purposes and objects of the
corporalii>n to be created under this act.
„,. ^ "J. The tru>tees uf said corporation shall iinve power
to borrow such sum or suuis of money, for tiie use of said
corporation, at a rate of interest not to exceed tin per
cent, per annum, as they may deem necessary; to j)ur-
chase lands and buildings, or to erect buildings for the
purposes mentioned in tlie first section of tliis act; and
they are aullmrized to i sue to all person or |)ersons of
whom they may borrow such money, or to any other
creditor of said corporation, the bonds of said corporation,
or promissory notes, and secure the payment of the same
by detd or mortgage or both, upon any lai ds or real es-
tate of said corporation.

§ 3. This act shall take eflecl from and after its
passage.

Approvkd Feb. 10, 1857.

fM. l«, lUT. AN ACT to Incorporate Ihe BeanlHtown ('.«« I^iglit and Coke Com-
pany.

Section 1. /if il runcted In/ thr jimji/r of the sltitv of
f//iniii.n, rrpresmled in the driirrnl tissernhh/, 'I'hat
Chriitoplwr H. C. Ilavi kluft, Charles Sj)rague, Horace
Hiliiiiq*, Thomas KjrejII-nry F. Dummer, Francis liear-
i<k, J. Ilonry Shaw, and their assoeiatt s, siun-essors, heirs
■ nd a««ii»n<, hi- aiid ihey are hereby cm ated a hodj cor-

•** • pnrat»« .<(id pfditir, hy the name and .st\le of "The Heardfl-

town (tat Li^ht and Coke Compari);" and by that name

'*'TTi««T^ they and their tmcceimrfl shall have perjietual succession,
and be capable, in' law, of contiarting and being con-
tracted with, of doing and being sued, of defending and
beinj5 defended, in all courts and places, in all matters
whal»f)ever; uilli full power !(> aeijuire, hold, o(;(Mipy and
enjoy all such real estate, in fee simple or otherwiffe, and
• Il perRonal property necessary for the construction,
extension and une of fluid company, and for the manage-
ment, use and good government ol the same; to have a

935 1867.

common seal, and the same to alter, break, or renew at
pleasure.

§ 2. The corporation hereby created, when organized, D.otiur.
shall be under the direction of five directors — all stock-
holders (>t said company — one of whom shall be elected
president. Tlie tlirectors shall have power to make such
by-laws, ruh'S and ref^uliition? for conducting the works,
the election o( directors and the affairs of the comj>any,
and may appoint such oflicers, agents and emplojees, and
prescribe tlie duties of the same, as to them may seem
necessary, not inconsistent with the laws of the state.

§ 3. The capital stock of said company shall not ^-'P'*'*''^''-
exceed three hundred thousand dollar.^, divided into
shares of fifty dollars each, to be subscribed and paid for
as may be prescribed by the corporators above named, or
their successors or assigns.

S 4. The corporation hereby created shall have full 8i«>:u! po«cr»

1 1 • -111 I 1 Uranicil.

power and authority to manutacture and seh ga«, to be made
from any and all substances or combinations thereof from
which inllammable gas is orhereat'ler may be obtained, and
to be used for tlie purpose of lighting the city of lieards-
town and suburbs and streets thereof, and any buildings,
manufactories, public places or houses therein contained,
and to erect all necessary works and apparatus, and lay
I)ipes for conducting the gas in any of the streets, avenues,
lanes, or alleys of said city or suburbs : Pruvidt (/, that
no permanent injury be done to any such lane, street or
avenue or alley; to hold real estate, not exceedin"* in
value .ine hundred thousand dollars. The said company
shall have the exclusive privilege of supplying the city
and suburbs and their inhabitants with gas, for purposes
of affording light, for twenty- five years.

§ 5. Be it furtlwr enacted^ That the corporators men- proK>6ai6.
tioned in the act may receive all such proposals as sliall
be made by any association of individuals for supplying
the city of Beardstown, the citizens thereof and the
county buildings and otfices, with gas, stating in such
proposals the price at which it shall be furnished, and the
quantity thereof, and the time at which the work shall be
commenced and finished; and may award this charter to
such association which, in their judgjnent, shall be most
advantageous to the public: 7^;oivVA r/, such comfiHuy or
association shall enter into bonds, with gf)od security, for
such sum as may be dtsignated by said named corpora-
tors, to comply with the terms and conditions so offi^red;
and on the acceptance of said terms and the execution of
such bond the said association shall become incorporated
and invested with all the rights and privileges conferred
by this charter, and shall supercede the corporation herein
named, but shall never be allowed to charpe any higher
rates fur gas tiiao is meotioned iu their said proposition.

1557.

t ^ Ck Slioulil no proposition be acoeptod, then said
corporation. Iia\ inj; first pivon, in a public newspaper
printed in Beardstown, twenty days' previous notice of
the lime and place to open the books of subscription for
the capital stock of said company, in the city of Beards-
town, and to keeji the same open until such :\n amount of
capital stock has been subseribed as said corporators may
direct by a majority of siime, in meeting lu Ul fiu- said
purpose, giving prelVrence in subscri]>tions to the citizens
of Beardstown, nnd reducing tluir subscriptions, pro raiUy
if more than the omoun* thus desigi.ated shall be sub-
scribed in one day; and when the whole of said amount
ihall be sul)scribed, said subscriber^ shall become a cor-
poration, as herein ]»rovided, in lieu of the corporators
herein named, nnd be clothed with all the privileges,
powers and rights conferred by this act, but shall never
be allowed to charge" for gas at any greater rate than
shall be designated by the C()rj)orators of this act, at the
time of opening the hooks for subscription to the capital
stock; and shall put their said gas works in operation in
a reasonable time or the rliarter shall be forfeited to
tliem, but not to the original incorporators.

§ 7. Tliis act shall take eifect from and after its pas-
sage.

Approved Feb. IG, 1867.

•tfi*.

r»* it. ««■». AN ACT to Iricorporate llift Saiifjauon IMinpral Company.

Section I. He it enacted hy the people (J the state of
///inois^ reprcsinti (/ in the (leitei'al JJssemhlij^ That N. H.
Kidgwly and T. 11. (/ampb»ll, their associates, successors,
lu ir.i and assigns, hi: and they are heieby cr»ated a body
corporate and politic, with perpetual succt ssion, by the
nanif of '* The Sangamon Mnnral Comjiany ;" and
by that name Ihey shall have power to contract and
be contracted with, sue and be sued, in all courts and
tilacea ; to have u coiiimon seal, with power to alter or
renew the nHme at plea><iire ; to engage in the mining of
cotfl, iron, salt and otlo r minerals, and in the inanufacture
of arid «ule o\ coke, salt, iron, linie and other mitteral pro-
ductf of the landii now owned or hereafter to be owned by
t.'i^m, not exceeding four thousand acrep, and in the trans-
porintion of the ftame or any of t!iem to home and foreign
mitfket*; tf» hoM ihiir noetingH within or with >ut the
■ late, and lu have all powers needful for the successful

937 1867.

proiecutlon of their business and for the execution of the
powers herein granted.

§ 2. That the said N. H. Ridfrely, T. II. Ridp«'ly and ",™'„f "" •'
eresociates shall liave power to organize said company by
the appointment of a president and such other officers or
managers as they may deem necessary ; and when thus
organized they and their successors shall have ])ower to
make such by-laws, rubs and regulations as they may
deem necessary from time to time tor the government and
management of said company, not inconsist»nt with the
constitution and laws of tliis state or of the United States.

§ 3. The capital stock of said company shall be
fifty thousand dollars, with power to increase the same to
any sum not exceeding one million of dollars.

§ 4. ihe president and other officers or managers shall rprtificato!- cf
issue certificates of stock to the holders thereof; which
certificates shall be assignable or transferable only in such
manner and at such places as the president an'' other
officers or managers shall, by their by laws, prescribe.

§ 5. That said company may receive eal estate in
in payment of such part of the subscription as they may
deem advisable, and shall have the right to hold, either by
purchase or otherwise, such real estate, mining rights and
rights of way as may be necessary for the successful pros-
ecution o their business, and the same or any part tl ereof
to sell or otherwise dispose of as the interests of the com-
pany may require.

§ G. That it shall be lawful for the president and man- rower to borrow
agers of said company, from time to time, to borrow or """"*''•
obtain on loans, such sums of money and on such terms
as the} may deem expedient for the use of said company,
and tu pledge or mortgage all or any pait of the estates,
improvements, privileges and effects whatsoever of the
said coaapany, for the repayment of such sums of money
so borrowed at sueh times as may be agreed upon.

§ 7. That this act shall not be so construed as to in-
terfere with any of the rights or })rivileges of any other
incorporated mining company in this state, or confer any
banking ])rivileges upon this company.

§ 8. That this act shall take effect and be in force from
and after its passage. •

Approved Feb. IG, 1857.

1S57. 938

f I. KtiiOT. AN' ACT to incorporate the Vincennpi aiulJonesboro Railroad Company.

Skctio.n I. lie- il enacted by the people of the state of
lllinuisy representct/ iti the Gencrti/ ^is.sttnh/i/. That Cloyd
Crouch. Chester Carpenter, Marion C. Cjunpbtll, O. II.
Wil, V, Jdines' T. Goddard, Willis WilUrd, Lewis W. Ash-
ley, Honry Dishon, their associates, heirs, successors and
assiiTiis, be anJ they are hereby created a body corporate,

••!'• by the name and style of "The Vinceniies and Jonesboro

RdilroatI Coinpan\ ;" with power to build, maintain and

L*c»u^wtv*d. use a railroad, fri.)ni some point in Lawrence county, Illi-
nois, not more than tit'teen miles I'rom Vincennes, Lidiana,
to MoLeansboro, in the county at llamillon; thence to
Marion, in the county of Williamson; and thence to Jones-
boro, in the county of Unior.; and with lull power to ex-
tend the same to tin- Mississippi river; with powers to fix
the amount of capital stocL; to divide, transfer and increase
the same, at ]dea'?ure; to borrow money, and pledge or
mortf»a«Te its property and franchises; to condemn, accord-
ing to l^w, lands necessary for tlie track of said road, and
for the turn-outs, side tracks and sites for the depots, en-
gine houses, water stations, and other buildings necessary
for the convenience and accommodation of ?aid railroad;

•oontcuoo wiUi to consolidate their capital stock and franchises, with anv
otlier railroad company; and to contract, bargain and
agree with any party or railroad company for the con-
struction and maintenance of the said road ; and, general-
ly, to have all the powers and privileges necessary to car-
ry out all the intentions contained in this act.

§ 2. This act shall be construed a public act, and
be in force from and after its passage.
Ai'pRovED Feb. 10, 1807.

V* U. IMT.

AN ACT lo aiitboriz* lh> boan! of ■upfrvii )ra of Kane county to bor-
roMT «n aiiauional gum of monry, ami to nicreaac llic county tax to iiav
tbt ••m*. ' ' ■'

Sr.rrios L /ir it rutirtrd hy the peupfv (,f the atate oj
lliiunin, rrpmrutrd i,, ihi- Cvneral .'hsvinhh/^ 'i I at the
board of «upervisor« of Kane county, and their successors
in f»fficf, be ami (hey are h.reby authorized and emjiower-
rd to borrow, upon the faith aixl pledi;.'. of said county,
■urh n»?re<!iary «um or wumt of inofiey, for any term of
timr, and «urh rat.- of interest, payable at such places as
th»'y may d em expedi.Mit, not exc^-eding thirty thousand
dollam, and to i«nue bonds or other obligations therefor,
Undirr the BMalof the county court of said county, wigned
by the chairman of the board of supervisors, j)r his sue-

939 1857.

cessor in office, anJ countersigned by the clerk of said
board, or his successor in office: Provided^ tliat where any
raoiR-y is borrowed, under the authority of this act, it
sliall be applied by the board of supervisors, or their suc-
cessors in office, for th« use and bene tit cf said county,
in erectinsj t;ounty buildings for said county.

§ "1. The board of supervisors of said county, or their Btcciaiux.
successors in office, are hereby authorized and required
to levy and collect a special tax upon all taxable property
in the county of Kane, sjifficient to pay the accruing in-
terest, seiniannua'lv, on any sum or sums of money they
may borrow, under the authority of this act, and to pay
the principal and interest us it may become due, at such
})lace or places as miiy be designated in said bonds or ob-
ligations.

§ 3. Tiie aforesaid tax shall be levied and collected at Ooiiecuo* of
the same time and in the same manner that other taxes of '*"*■
said county i\re levitd and collected, and, when collected,
shall be apjdied by siid board of supervisors, or their suo-
cessors in office, to the })ayment of ti»e interest and the
repayment of the princi{)al of the money borrowed under
the authority of this act, and to no other purpose whatso-
ever, until the whole of the money so boirowed is paid in
full; and the person or persons loaning money to said coun-
ty, aforcisaid, under the provisions of this act, are to be in
no way responsible for the faithful application or use of the
money thus borrowed.

§ 4. That said bonds may be conditioned, as to time of B«Ld«.
payment, and as to the manner and place of the payment
of principal and interest, as the board of supervisors may
designate: Provided^ that they shall not bear a greater rate
of interest than ten per cent, per annum, which may be
made payable semiannually.

§ 5. That the said county of Kane is hereby authorized insreaie «.f Uc.
to increase the county tax to five mills on the dollar.

§ 0. This act to be in force from and after its passage.

Approved Feb. IG, 18.37.

AN ACT to reduce the "Act to charter the City of Rock Island" and feb \K,\iXn
the several acts amendatory thereof into one act^ and to amend the
■ame.

Articlk r. — City boiindarifR — General powers — Formation of wards.

Article II. — OfTicerH — their election and appointmonts.

Article III. — Powers and dutieH of officers.

Article IV. — Of the city council — its general powers and duties.

Article V. — Of taxation.

Article VI. — Ascessments for opening streets and alleys.

Article VII. — A>4set8ments for public in provements.

ARTirLC VIII. — Collection of taxta and assessments.

is:. 7. tuo

AitTu t r I\ — Firf i^rpurfmcnt.

AarirL> X — llo«ril of t)«>Hlth.

A»Tit LK XI. — Misctrilaiicous provisioiii.

Articlb I. — Citi/ Bi>tn)(fari'es— General Putrers For-
nuition of Jl'artfs. »

Section 1. /ie it enacted hi/ the people of the st.ite of
H/in(>i<i, represniUi/ in the (ienera! »issem',/i/^ Tliut all
the dislnVt o* country in tli-^ county of R,)ck Island, and
state of IIUiioi<», em raced witliinthc folhnvinir boundaries,
•-n-^.u i.«iu *•> wit: Conunencini; at a point in tlic middle thread of
the main channel of the Mississippi river, where the east
line of fractiottal township eighteen (1^) nr>rth, r;in"e two
{•2) we«:t of the r)nrih piincipal nuridinn |)ro(iiu-td north
would intersect said middle thread of said main channel;
and from said point ruming south to, rpon and beyond
the SPid township line to a point one half mile south of
the southeast corner of said fractional to^vn'^•hip eij^htoen
(1^;) thence west on the centre line of sections one, two
and three, in townsliip seventeen north, range two west of
the 4th P. M., and beyond the same to where the said
line pn.duced west would in'ersect the middle thread of
tlie m;nn channel of the Mississippi river; thence up
stream along the said middle thread of said main chan-
nel to t e place of beginning, is- hrreliy erected into a
city by the name of '«Tlie City of Rock Island."

•orr-flr.u name. § -• The inhabitants of said city shall be a corpora-
tion, by the name of "The City of Rock Island," and by

•••w»i iww.rt. *'•** name shall have perpetual succe«sion, sue and be
sued, complain and defend in any conrf; may make and
use a common seal, an! alter and change it at pleasure;
may take, hold and purchase such real, personal or mixed
cMate, a«t the purj)oses of the corporation may re«juire,
within or without the limits of the city, and may sell,
Icaie or dispose of the same for the beiufU <d' the <'ity.

w.fj*. 'i. T»ie city of Rock Isljind ^hall b.- divided into wards,

not I.-<i than Miree nor exceedini; six in number, and as
nearly equal in population an praciieable. The boundaries
of the several wards ^ball be fixed by the city council, and
may be chanj^ed, :ind additional wards created fiom time
(o liin#«, a« occasiofimay rerjuire, but the whole number o(
wards in the city thall not exce.-d six in number.

****'"**' I. '' ^' '^"^ ^^^^^ "^ '""' "'U"'"'"« «'i>«l '•> y which may

be laid off i:.fo lots or blocks an<l reroided as such, and
any tract of lafid, with the consent of the owner thereof,
shall and may be annexed, by ordinance of the city coun-
cil, to laid city and to-m a part thereof: Prowtnl, that
the said nty of Rork I,I„nd sjn.ll not tax any property,
mil or p.rson.,|, \)\u^ or being it, fb,. disfrict of country
annexed by tbis act to said city, except such parts of

941 1857.

said real estate as has been Iieretofore laid out into town
lots :ii»d added to said city, for tlie puipost- of pa3ing any
presenl debt or debts of saitl cit) : Jltnl^ prorid, r/, Jitrllicr^
that "An act to amend llie charter of liock I«^laiid,"
approved February ■J'^, ISO t, sliall not be construed under
the precedini; proviso as hii\ing annexed or added auy
territory to the said city of Rock Island.

Artici.k II. — Officers — Their KUcliun and Jippoinlincnt.

§ 1. The municipal {government of the city shall con Marorandsu*..
sist of a city council, ci»ini)osed of the mayor and two °""*
aldermen from eacli ward. The other otficers of the
corporation shall be as follows : A city clerk, a city
treasurer, a city attorney, a city marshal, one or more
police constables, u city assessor, a cify collector, a
city surxeyoi, one or more harbor masiers, one or more
health officers, and one street supervisor for each ward,
who shall respectively perfcrm the duties required of
them by this act, and such additional duties as may be
prescribed by ordinance. There shall also be such other
officers and agents of the corporation a:^ the city council
may from time to time direct and appoint, and wiiose
duties shall he prescribed by or<'inance.

§ 2. An election shall bt^ held in each of the wards of "^loio"-
said city, on the first Monday of March in each year here-
after, at such place as the city council may appoint, and
of which six days' [)reviou3 public notice shall be given, n. 'tires ot ei««-
by written or printed notii'es in three public places in
each ward, by the cit}' clerk.

§ 3. At the annual election there shall be elected, by omccr» ciouit^
the qualified voters of said city, a mayor and a marshal, * ' pc«p«.
and the person having the highest number of votes cast
in the whole city for either of such offices shall be
declared elected. At the same time the electors in their Ward officcn.
respective wards shall vote for one aldernjan, and one
street >U[)ervisor, and the pers )ns receiving the highest
number of votes cast in the ward for such offices, respec-
tively, shall be declar»'d elected.

§ 4. Til' officers elected by the people under this act, Termi of omn.
except aldermen, shall hold their offices for one )ear, and
until the election and qualification of their successors,
respectively. All other officers mentioned in tliis act,
except aldermen, and not otherwise specially providi d
for, shall be appointed by the aldermen by, ballot, on the
second TuesiUy of March in each year hereafter, or as
soon thereafter as may b**, and respectively coniinuf in
office, one year, and until the appointment and qualifica-
tion of their successors. But the city council umy speci-
ally appoint or authorize the mayor to appoint watchmen, w»ich»#n.

Ci»*^

1857. 942

to continue in office during the pleasure of llie city coun-
cil : J'ruvt'ihJy tlu^ mayor may be aut!)orizecl to remove
tliera lor good cause. Officers elected or appointed to
fill vacaneies, s\\^\\ respectively hold lor the unexpired
term only, and 'intil the election or appointment and
qualitieatiiM) of th»ir successors
AM*>ai<^ f;*<i- § o. Tiie Several wards of tlie cit\ shall be represented
•*f«f i-»fcf» jjj jIjp pj^^. p^n,„ci| by two aldermen from each ward, who

fh.ill be bona Jule residnits thereof, and hold their offices
for two years from and after their election, and until the

m».<<-i ;oio election and qualifi "utiou of their successors. They shall
be divided into two classes, consisting; of on«> alderman
from each ward, so that one from ejch ward may bo
a inually elected. The first class shall be elected at the
annual election in March, 1808, and be successors to the
members of the present city council having the shortest
term to serve. The second class shall be elected one
year thereafter, ami succeed those niembers having the
longest term to serve; and the present aldermen shall
hold their offices until their respective successors are
elected and qualified iinder this act. The members of
each clas.< hereafier eh-cteil shall respectively continue
in office two years. Whenever there sliali be more than
one vacancy in the office of a^derlllan ol any ward, to be
filleo at any general or special election in such ward, the
candidate having thn highest numSer i>f votes for such
office shall be declared elected r)r the longest term, and
the candidate Iciviiig the iKJXt highest number, for the
shortest; and in casi; two or more candidates shall liav*; an
cqtial numbei- ^A votes for sut-Ii olFioe the. elccrtion a^ also
the t» rms of service to which the successlul candidat«;s
9hall be respectively entitled, shall be determined by the
casting of lots in the presenof of the cotuKiil : Proridcd,
the council may, in it^ discrttion, direct the clerk, in itti
pres nee, to cast lotn fur the piM*po?jes aforesaid; as also
in any ca-te, where two or more candidn(< s for any other
elective office shall have an equul numhir of votes for
the same office. If from any cause tliere shall not be a
qtiorum of aldermen, the chik shill ajipoint the time and

ftj^ja *;««i, «« place of holding; i S|i(m ial elecrtiun to NU|i|>ly such vacan-
cief, and t> a|»j»oifjl julgi-s thereof if necessary. If any
aldi-rman sliall remove from the ward r(^j)r< sented by him,
his office rImII thereby hecom« vacjint

a«^,.. . »f,^ § i). Any person elect**'! or oppoirit-d \n any office

'*** may bo removed from tiuch offiee by a vot*- of two-thirds

of all the alderm»-n authorized by hiw to h»t id'-rrted. Hut no
offif'T "'i r!! bir reinoverl except for g )od «:au-e, nor unless
fir^t : I wiMi tin- rliargei jigiio't him, and liear<l in

lii< ' , and ibe city council shall have power to

'- "..'.^ ft*, compti the attendance of witaemfes, and the prod'iction of

943 1857.

nap ., necessary for the piirpo?c<» of such trial, and Tri«i.

slial. ,>rocee(l within tin (la}S to ht ar and (Ifttriniiie u{)on
the merits of the chSr; ami if such otficer sliall neglect to
appear and answer to such charge, then thu city council
may declare the oflTiee vacant: Providvd^ this section
shall not be deemed to apply to any otfioer ajipointed by
tlie city council. Such otHcer may be removed at any
time, by a vote of two-third^, as aforesaid, in their discre-
tion; but any oHicer may be suspended until the disposi-
tion of charges when preferred.

5j 7. Whenever any vacancy sluill occur in any ofHce v^.cBnricf, how
elected by the people, puch vacancy shall be filled by a
new flection, and the city council shall order such special
election wiihin trn days after the happening of such va-
cancy. Any vacat.cy occurring in any office authoiized
to be appointed by the city council, and any vacancy in an
elective otlioe where less than three months of the term
remains unexpired, may be filltd by appointment of the
city council.

§ y. All citizens of the United States, qtialified to vote KnisibHitr »•
at any election held under thi-* act, shall be qualified to
hold any otfice created by this act; biit no person shall be
eligible to any office uridtr this act, or any other act in re-
lation to said city, ^who is now or may lnre:dter be a de- p»/Bn»t*r.
faulter to said ciiy, or to the state of Illinois, or to any city
or county theieof; and any person shall be considered a
defaulter who has refused or neglected or may hereafter
refuse or neglect, for thirty days after demand made, to
accouiit for and pay over to the party authorized to re-
ceive the same, any public money which n ay have come
into his possession. And if any person holding any such omcoto beeem*
office or place shall become a defaulter whilst in office, ]'1^xcZ\q*?
the office or plact? shall thereupon become vacant.

§ 9. When two or more candidates for any elective wh»n»tie,h«w
office shall have an equal numbw of votes for the same
office, the election shall be determined by the casting of
lots in the presence of the city council.

;4 10. Tiie manner of conducting and voting at elec- Kiecoonr, kow
tiuns to be held under this act, and contesting the same, ''•"'•"'^'*''-
tlie keeping the poll lists, canvassing of the vote?, and
certifying the returns, shall be the same, as nearly as may
be, as is now or hereafter maj be provided by law at gen-
eral slate elections: Providttt, the city council shall have pronM.
power lo regulate eh ctit)n3, and to appoint the judges
thereof. Tne voting shall be by buUot, and the judgrs b«ii»u
and clerks of elections shall take the same oath, and shall
have the same power and authority as tiie judges and p.wer of jiK»»»t
clorks of general elections. After the closing of tlif? polls, *' * *' *•
the ballots shall be counted in the manner required by
luw, and the returns shall be returned, sealed, to the city

clerk williin throe days after the flection; ami tliereupon
the city council shall un-et JiHil ^•aI»va^'s the sumo, and de-

•m«*m wr.:ct cUre U»e re<nll of the eieclioii. The persons hdvinii; the
hiijhe^t number of vt)tes for any office shall be declared

ji,4.^ c.-v.^ . elected. It shall oe ttie duty of the city clerk to notify

rfut»r«.^ . a ,jj| |,^,,;;0„s elected or a|t|u)iiited to office, of their electioti
or a^»|)oiutmcnt, and uuU ss such persons shall, respectively,
qutliJ) wilhiti ten da}S thereafter the offices shall becoms
▼ dcant.

«M(>! »■ a of § 11. No person shall be entitled to vote at any eleo-
'-*■ * li(.n uiulcr tliis act, who is not entitled to vote at state

elecluns, and has not been a resident of said cit}' at least
six months next |)recedin}» the election; he shall have been,
moreover, an acLiiul resident of the ward in which he oflTers
to vote, for ten da}S previous to the election: Provided^
that tiie vt.tter shall oe deemed a resident of the ward in
which he is accustomed to lodf»e. And if required by any
offici r of the election, ^or any (jualifird voter, the person
iiflVriiii» to vote shall lake the following oath before he is

•«ik. periniltt d to vote: "1 swear (^op affirm) that I am of the

ttj;e of twenty-one years, thit 1 am a citizen of the United
States, u)r was a re>ident of this state at the ti:ne of the
adoption of the constitution) and have been a resident of
this state one year and a resident of this city six months
iinm«'Jtately preceding this election, and am now, and
have been for ten days last past, a resident of this ward,
and have not voted at this election."

T»4«rt nora;-. ^^ \j„ Xhc pefsous entitled to vote at any election held
*" " *^ ' under this act, shall not be arrested on civil process with-
in said city upr)n the day on which said election is held;
und all persons illegally voting at any election under this
act shall be puninliabli; according to the laws of the state.
^ \\. No ehction shall be lit-ld in any grocery, grog
shop, or other place where intoxicating liquors are sold,
or kept for wale, by retail.

AariCLf: III. — I'mvrri and /Ju/irs ij ()J)lccrs.

•Mk V ^ • § 1. Every person chosen or Hj)pointed to an cxecil-

live, jtidii lal or admitii<iirative office uiuh r this act, shall,
belorv he enteri tipon the duties of his office, take and
I. . the oath of office preflcriiied in the constitution

oi lie, and filt! tin- siim«',duly certified by the officer

be|i>re wiiooi it was takin, with the city clerk.

H»#«^<c«t . § '^' 1 he mayor, Mhall, hi tore he entrrs upon the dutief

ofiiifo.nce, in addition to the usual oath, swear or affirm
Ktat he will devote so mticti of his time to the duties of his
otfii-r, at an i ffit.ient discharge thereof may re(|uire.
II'- ^!.iill pr«"»id«' (;v«T th«- iiHTtiiigM «)f tin- city e«»iincil, and
•ball take care that the laws of iJie ulate and the ordinan*

t'iM*i rjr>|r,-

to k*Vt ta crv

fe-
ll en>

9i5 1837.

ces of the city are duly enforced, respected and observed
within the city, and that all otiier otiicers ol" the city, dis-
cliarge their respective duties; and lie shall cause negli-
gence and positive violation of duty to be prosecuted and
punished. He shall, Iroin time to time, give the city
council such information, and recommend such measures
as he may deem advantageous to the city.

6 3. He H authorized, whenever he may deem it ne- ^"^'^^ •"/'
cessary, to call out the militia, or to call on any and all forciog !•«•,
white male inhabitants of the city or county, over the age
of eighteen years, to suppre.xs any riot, or to aid in enfor-
cing the laws of the stale or any ordinance of the city; and
any person who shall not obey such call sha<l lorfeit to said
city a fine of not less than five dollars.

<^ 4. He sliall have i)ower, whenever he may deem it Exhii.it cf booiw
Hfcessary, to require oi any ot the othcers ot tlie city an
exhibit oi all Ins books and papers; and he shall have power
to execute all acts that may be required of him by this act,
or any ordinance made in pursuance thereof.

5 4. He shall be liable to indictment in the circuit *f*';?^J^" *"
Till 1 • • r J luJiciea.

court of R'jck Island county, for palpable omission of du-
ty, wilhul oj)pression, malconduct or partiality in the dis-
charge of the duties of his office, and upon con\ iction
shall be subject to a fine iiot exceeding one hundred dol-
lars; and the court shall have power, upon recommenda-
tion of the jury, to add as a part of the judgment that he
be removed from office.

^ 0. He shall receive such salary a<3 may be fixed by Saiarr or mayor.
ordinance, not exceeding six hundred dollars per annum;
and the salary shall not be diminished during iiis term of
office.

$> 7. All ordinances and resolutions shall, before they Marortosct on

1 r«> J' • 1 ■ I I J • • o '■din. -II I CM %aA

take effect be placed iu 'lie office ot the city clerk, and it retoimua;.
the mayor ajipr tve thereof he .shall sign t!ie same, and such
as he shall not approve he shall return to the city council
with his objections tiiereto. Uj)on tin! return of any or- ve'oand re«cn.
dinance or resolution b) the mayor, tlie vote by which ihe
same was passed sIihII be reconsidered, and it after such
reconsidtiratioi a majority of all the members elected to
tlie city council shah agree, by "ayes and noes," which
shall be entered ot record, to pass the same, it shall go in-
to effect; and it the mayor shall refuse or neglect to ap-
prove or object to any such proctjedtng"' '"or a long-ir pe-
riod than tKret days after the siuie shall h<tve been [daced
in the clerk's office as aforesiid, t!ie saui* shall go int<) ef-
fect. Tne mayor shall, ex qjji / ;, have power to adminis- Adminuttr
ter any oath required to bo taken hy this act, « r any law ^''^^^^*'
ofthestatr; to take deporition?, the ackiio^leogment of
desds, mortgaged and all o'.her instruments of writing, and
—32

1957. ^^^

certit'v tlu' samo, iimltT the Siul of the city, wluoli sliall le
goiui ami valid in law.

._ ;j S. In oa<t' »>f vnoanry in the office of mayor, or of

ttmvm. |,i< l>ein^ unable to peitoini the ilnties of his otfi'o, by

rfa<on of ttrnp^'rary or continufd absciice or sirki\»'«5S, the
citv coiuuil shall appoint one of its int'inhers, hy l>rtllot, to
prr<ide over tlitir meetings, whose official designation
5liall be "acting ma)or;" and the aUieiman so appointed
•fhall be vested with all the powers and ptrform all the
du'it s ot major, until the mayor shall assume his office, or
the \«fan«y shall he fi'lt-d hy a new electiofi,

ri»« •vvj«»« 5 ^) The members (»f the city counci , shall be, rx

rt! r,'""^*' n^V/<i, fire w.trd«ns and conservators of the pence within

the cit} , and sliall be exempt from jury duty and street

l»bor, and the payment of street tuxes during their term

of office.

Ci'T «:»Tk, kit J; 1'^. The clei k slia'l keep the corporate ^eal and all
*•"*** papers and books belonging to the city. He shall attend

all meetings of the city council, and keep a full record of
ihtir proceediiigs in the journals, and copies of all papers
duly filed in his office, and transcripts from the journals of
the procecdiiig-' of the city council or other records of his
office, certified hy him under the corporate st al shall he
evidence in all courts in like iiinnner as if the originals
were product (1. He shall Ilk* wise diaw all warrants on
the treasury and countersign i\\g same, and keep an ac-
curate Kccuunt therei.f in a hook provided for that purpose.
He shall ali'o ke.'p an accurate a'-rrjunt ofa'I receipts and
expenditures in such manner as the city council shall di-
rect: and he shisU have power to administer any oath re-
qtiired to he thk* n by thi<' act.

Cat nurt»«r, § 11. It shall be the duty of the city attorney to per-

hu4ati«. fj,rni {,11 professional services incident to his otficu, and,

when required, to furnish wiitten opinions upon subjects

and questions subiiiit« d to him by the major or the city

council or any of it's committees.

*««u«*'' **'* 5 !-• The city treasurer shall receive all moneys be-
longing to the city, and shall keep an accurate account
cf all receipts and expenditures, in such manner as the
city council shall direct. All monejs sh.Jl be drawn from
the treasury in pursuance of an order of the city council,
by warrant, signed by the mayor or presiding officer of
the city council, and countersigned by the clerk; such
warrant sliall be numbered to correspoiul with the order
granting the same, and shall specify f(»r what purpose the
•mount nprncd therein is to be paid. The. treasurer shall
exhibit to the city council, at least |twenty daj s }>eforo
the annual clectirjn (A each year, and oftener il re»ju red,
• full arirl detailed account of all receipts and exjtendiiured
after tl»« date of the last annual report, and alio the state

947 1857.

of the treasury; v/lucli account shall be filed in the office
of the clerk.

§ V']. Tlie city marshal sliull perform such duties as »"h»i, »ow«ri
shall be prescri!»ed by tlie city council for the prestrv a- V* '"'^''""
tion of the public peace, the observance and enforcement
of the ordinances and laws, the collection of license mo-
neys, fines or otherwise. lie shall possess the powers
and authority of a constable at common law, and under
the statutes of this state, and receive like fees. He shall,
before enteriiij^ upon the duties of his office, execute a
bond, such as the city council shall approve, and file the
same with the city clerk.

§ 14. The city council may, at the time of its annual foiie. • eonsu-
appointment of on cers under this act, designate and i.ame 1;,";^' ■"»"''•*-
£, sufficient iium ler of the constables in Rock Island town-
ship to be police constables, an 1 prescribe their duties as
such, and require bond for the performance ot such du-
ties ; and such appointment sIihII continue for one year,
and until their successors respectively are appointed,
p'ovided the persons so named and appointed, shall so
louii; continue in office as township constables. If a suffi-
cient number of the township constables shall not cons, at
to serve as police constables, the city council may appoint
other persons, who are not constables, to be police con-
stables. The police constables so appointed shall have dium .f.
power, as such, to execute and return all process issued
by any proper officer under this act, or any ordinance
made in pursuance thereof; and they shall receive such k«.s.
fees as are or may be allowed by law in like cases.

^ 15. Ti.e city assessor shall perform all the duties re- A«e.«,r, power.
quired in relation to the assessing of property for the pur- """^ "'""•'* •'•
pose of levying the taxes imposed by the city council. In
the performance of his duties he shall have the same pow-
ers as are or may be given by law to county or town
assessors, and be subject to the same liabilities. On com-
pleting the assessment lists, and having revised and cor-
rected the same, he shall sign and return them to the city

council

§ 10. It shall be the duty of the collector to collect o.ueet.r,p<.wor,
Jl taxes and assessments which may be levied by said •""* *'"^»*""-
city, and perform such other duties as may be herein pre-
scribed, or ordained by the city council.

§ IT. The city surveyor shall have the sole power, un- 0'"< •or^ey.f,
der the direction and control of the city council, to survey r^'oV.*^ *""
within tlie city limits; and he shall be governed by such
rules and ordinances and receive such fees and emolu- »•••.
ments for his services as the city council shall direct and
prescribe. lie 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 '*'*'* ."'

J Ttf • bj.

Plktt ui4 tnr-

Health •n<«r».

1S57. 048

give'n to liis acts, an 1 to all plats and surveys made bjr
him, as are or m«y he given hy law to tlie nets, plats luid

•i9«rtxw4 5iirve><5 of tlie county stirveyor. Ho sIkiII, when required,

" superintend the construction of all publie works ordi red

by the city, make out the plans ami estimates thereof, and

contract for the execution of the same. He shall perforin

all surve>ins; and enqiiu-ering ordered by the city council;

BMakifh (-•<•« siirtll, under their diit-etion, establish the grades and born-

M«k*»»ur>r*. Juries of streets hiul alleys ; but such plans, estimates and

contracts, grades and boundaries shall be reported to and

approved by the ci'y council before they shall be of

validity.

wwi -atiter, § l**- 1* ^ball be the duty of the harbor master to en-
ku dauM force all ordinances and provisions of law in' relation to
the harbor.

^ 19. The health otfictrs shall have the powers and
perform the duties prescril)ed in this act, or by ordinance
passed in ]»ursuance thereof.

•trvM (vperTi- ^ -'>. It shall be the duty of the street supervisors to
MThdjiiM •(. s„p,.rinteiul the opening, grading and improving of streets
and alleys, the construction and repairing of bridges, cul-
ve^ts, sewers, sidewalks and cross walks, and of local im-
provements generally in their respective wards, and to
carry into effect all orders of the city cotmcil in relation
thereto. They shall keep iccirate accounts of all receipts
and expenditures by them, and render monthly accounts
theredl to the city council.
imaTkm- § 21. The city council shall have power, from time to
*""' **' t'me, to require other and furtlu r duties of all officers
wlio<;e duties are herein prescribed, and prescribe the
powers and duties of all officers appointed or elected to
an\ otfice un<l<r thi-^ act, whose duties are not herein spe-
cificulh metilioned, and fix their compensation.
uMfiT- ^ ^j. 'Phe city council shall re(juire of the clerk,
""' trea^ur»r, marshal, police constables, collector and street

jiiipe: \ i' om, and may require of the other officers of fhe
ni»y, b I fore tiey enter upon the duties of their respective
orti« ••1, to execute bond to the city of Hock Island in such
film and withsi'.nh securities as the council may approve,
cnndiliori'id that tbey shall faithfuHv eyccut<r the duties of
their reipective offices, and acccuut for, deliver an«I pay
over all mon'^yii and other property received by them;
which bond with the up;.roval of the city council certi-
fied thereon 1 y tli« clerk, shall be filed in hi-J office.

*^wp^t*J^ I'' * '^^- '^ '*">■ P* '"'""> b''»vin[; !•• -n an r)fficor of said
city, tihall not, within ten days affer notifieation and re-
qu«:«it, deliver U. \i\i succeff.ior in office all the property,
bookf, \}»\i*'rn ai d effects of every dpscription in his pos-
•isfc^ioii, belonging to said city or appert lining to hi< said
office, hn fthall forfeit and pay, for the use of the city, fifty

949 1857.

dollars, besides all damages caused by his refusal or ne-
glect s > to deliver. And such succo'^sor shall arid may
recover possession of the property, bouks, papers and ef-
fects t'.ppertaininpj to his office, in the manner piescribfd
by tlie laws of the state-

§ 24. All offiocrs elected or appointed under this act o«*pri u be
(except mayor and aldermen) shall be commissioned by ■'*"°» ""-"
warrant under the corporate seal, signed by the mayor, or
pit -fiding officer of the city council, and clerk.

§ 25. The mayor, aldermen, marshal, police consta-
bles and watchmen shall be conservators ot the peace;
and all officers of the city created conser\ators of the
peaoe by this act, or authorized by any ordinance, shall
ha\ i; power to arrest or cause to be arrested, with or with-
out process, all persons who shall break the peace, or
threaten to break the peace, or be found violating any
ordinance of this city, commit for examination, and if ne-
cessary detain such p'^rson in custody over niglit, or the
S.ibbath, in the w:itch house, or other safe place, or until
they can be brought before a magistrate, and shall have
and exeriMse such other powers as conservators of the
peace as the city council may prescribe.

Article IV. — 0/ the City Council — Its General Powers
and Duties.

5 1. The mayor and aldermen shall constitute the city oitywwii.how
council of the city, Ihe city council shall meet at such
time and place as they shall, by resolution or ordinance,
direct. The mayor, when present, shall preside at all PTwident.
meetings of the city council, and shall have only a casting
vote ; ill his absence any one of the aldermen may be ap-
pointed to preside. A majority of the persons elected Quun«.
aldeiMoen shall constitute a quorum.

^ 2. The members of the city council shall receive oj»pent»»i.n «f
auch compensation as may be fixed by ordinance, not ex- cj«bcii.
ceeding two hundred dollars per annum. No member
of the city council shall, during the period for which he "„"* J^ ^m,*!. *",
was elected, hold any other office, the emoluments of which *• inierei.i«t »•
are paid from the city tre;; ury, or paid by fees directed
lo be paid by any act or ordinance of the city council, or
be directly or indirectly interested in any contract, tlie
expense or consideration whtreof, are to be paid under
any ordinance of the city council, or be allowed to vote in
any matter in which he is directly iatere:?ted, personally
or pecuniarily.

§ 3. T!ie city council r'.all hold twehv stated meet- sut«ii mecuofi
ings (one r.x each month) during the 'ear, and the mayor, '''•°""'^"*
or any twj aldermen, m iv call special meetings, by notice ip.ui mert-
t» eacii of the members of the council, served personally *■«''»»"''«*"•<

1<<67. 950

or K'ft at their tisual ]>laces of abode. Petitions nnd re-
ni >nstranoes may be presented to the cilv council, and

KatM ^ rrv«MU- thi V shall determine the rule of tlieir own proeeedingS,
'■*'*'" and be the judges of the election and qualification of their

own menibers, and shall have jiower to connicl the attenJ-
•m e of aVsent members.

T» *>atr>i fiMo- jj 4. The city council shall have tlse control of the
finances and of all the property, real, ])ersonal and mixed,
bt longing to the ct^rporation, and shall likewise have

•m»T»i vcwH*. power, within the jurisdiLtion of the city, by ordinance —

••"«' ■>!»♦». first — To borrow money on the credit of the city, and
issuf the bonds of the city tliertto'; hut no sum of money
■hall be borrowed at a hi»iher rate of int< rest than ten ]ier
cent, per annum, nor shall a greater sum or sums be bor-
rt)wed, or at any time outstanding, the interest upon the
acigregate of which shall exceed the one-half of the city
revenue arising from the ord«n iry taxes within the city for
the year immediately preceding, und no bonds shall be
issued or negotiated at Irss than par value. The appio-
priations of the city council for pa}meiit of interest lor
improvements and for city exj)enses, during any one fiscaJ
year, shall not exceed the amount of the whole ordinary
revei.ue of the city for the ri-^cal yrar immediately pre-
ceding ; but the city council may apply aii) surplus money
in thf treasury to the extingMi^hment of the city debt, or
to thf creation of a sinking fun'i for that puipose,or to the
carr\ir)g on of the public work<»of the citv, or to the con-
tingti.t fund for the contingent expenses ol the city.

rar«Mu Stcnud — To appmpriat** money and to provide for the

payment of the debts and (-xpenses of the city.

QsMa^Mi;* !••• Third — To make regulatii ns to prevent the introduc-
tion of contagious diseases into the city, to make quaran-
tine 1jw4 for tlnit ^lurpose, and to enfoicu thcui within the
city, ai 1 within tiv*- mile.^ theteof.

s^aiA no'*- J"' nrfh — To m^ke regulu*ir)ns to secure the grnrral

•**^ health and comfott of thr iiihat)it:ints ; to prevent, abate

and remove nnisMfic'-s, Hnii punish the atithors thtT"of by
penalti' o, fine arid impriinnment ; to define and declare
whnt ni. .Il \tv dft-ned nuiiance.x, and authorize and direct
the f umnary abat< ment tliTcof.

ift»«4«K« •»««r. /'///A— To provide the city with water; to make, regu-
Jnle and e<itjibli«ih public welh, j.uin|ts and cisterns, hy-
drant*, and re«iervoirx,in the streets within the city, or be-
yond th«- liiniti tlureof, for the extingiiishuM nt of fir* sand
the con\«nience of the inhabitantji, and lo prevent the un-
Drcetiar) waitp of water.

K'AHj, a< SUth—Tn have the exclusive control and power over

the »trret», alle)ii and higliwajs of the city; to give iiam^^i
to the namr, and to ch»iig<- the nameN thereof; to ni'triber
the aame, and lo abate and remove any eucioachuientl

951 1857.

thereon ; to open, alter, abulisli, widen, extend, siraigliten,
establi^ili, regulat»*, grade, clean, or otherwise ini|)rove ilie
same ; to put drains and sewers therein; and to j)revent
the inctimbefiiif^ thereof m biiy nianner, and to protect the
sante fro n any en^'roachinents or injury.

Stven/h—To establish, erect, construct, regulate and ^^^l^^l^t'Z',.
keep in repair bridges, culverts and sewers, sidewalks and »iug5, ko.
crossways, and regulate the construction and u«e of the
same, and to pbate any obstructions or encroachments
thereof; to I'Stablish, alter, cluing<' ani straighten the ihan-
nels of water courses and natural drains, to st- wer tlie same,
or wall them up .nd co\ er them over, and to prevent, reg-
ulate and control the fillitig up, altering or changing the
channels th*>reof by private persons.

Eighth— To provide for lighting the streets and erect- ^''^'^"^ '''"'*
ing lamp posts and lamps therein, and regulate the ligliting
thereof, and from time to time create, alter nr extend lamp
districts ; tojexclusively regulate, direct and coutiol the Iny-
ing and repairing of gas pipes and gas fixtures in the
strents, alleys and sidewalks.

J^inth—To establish and erect m-irkets and market «j^»^^»»"^h mar-
houses, and other pu;>lic buildings ol tin- city, and prov ide
for tho government aiid ret^ulation thertof, and tin ir erec-
tion and location, and to authorize their erection in the
streets and avenues of the city.

Tcn/h— To provide for the iuclosing, regulating, and »'■''"= »'»"»'»'•
improving all public grounds and cemeteries belonging to
the city, and to direct and regulate tin- [dinting and pre-
serving of ornamental and shade trees in the streets or
public grounds.

Eltvenlh — To erect and establish one or more hospitals nospii»H.
or dispensaries, and regulate and control the same.

Twelfth — To prevent the incumbering of streets, all ys, '^^^o'^u/'"' **
sidewalks or public grounds with carriiges, wagon<i. carts,
wheelbarrows, b(»x**<?, lumber, timber, tii« wood, coal, posts,
awnings, signs, or anv other substance or material wha*^-
ever ; to compel all persons to kee^) the snow, ioe, dirt and
other rubbish from the sidewalks and street irtitter in front
of the premises ociuipied by them.

Thirteenth — To li ?ense, tax, and regulate ni<*rchant8, t»» ^ m^fj^h^ni-^.
comini.3 ion merchants, inn keepers, brokers, money bro- otben.
kers, ins irancR broki.r9, and auctione»'rs, and to impose
duties upon the sal*>s <»f goods at auction. To license, tax,
regulate, suppress and prohibit hawker?, peddlers, pawn-
brokers, grocery keepers, and keepers of [ordinaries, the-
atrical or other exhibitions, shows and amusements.

Fmirtctnth — To licMiSe, tax, regulate and suppress, H«ckm«n, k«.
hackmen (!raymen. omnibus drivers, porters, and all others
pursuing like occupations, with or without vel ides, and
prescribe their compen«ation, and to license, regulate and

isr.'

95:2

•tlUar4 Ut:«»,

U<«nM*>

restrain runners for steamboat?, cars, stages, and public
honses.

Fijleentli — To lioen?e, tax, remilato, proliibit and sup-
press billiard tables, )>in alleys, and ball alle\s ; to sup-
press and restrain disorderly houses, tippling shops and
groceries, bawdy houses, fTHming and t^aniblinp; houses,
lotteries, and all Iraudulent ilevioes and ))ractiee9, and all
piajins; of cards, dice, and other panics of chance, with
or without bettinij;, and to authorize the destruction of all
instruments and devices used for the purpose of gaming.

Si.rleenth — To atithorize the proper officer of the city
to grant and issue licenses, atnl to direct the manner of
issuing and ri's^istering thereof. No license si all be grant-
ed for more than one year, and not h ss than three dollars
nor more than five hundred dollars shall be charged for any
license under this act, and the ievs tor issuing the same
shall not exceed one dollar; but r:o license for ihc sale of
wines and other liquors, ardent or vinous, fermented or
malt, at wholesale or retail, by grocery keepers, inn keep-
ers, or others, shall be issued lor less than fifty dollars.
tatoiiuuii u- StV€7\teenth — T«» restrain, regulate, prohibit and punish
the selling or giving away of any intoxicating or malt li-
qtiors, by any person within the city, except by j)ersons
duly licensed ; to forbid or punish the selling or giving
away any intoxicating or malt li(jUors to any minor, aj)pren-
tice or servant, without the consent of {\\v. parent, guar-
dian, master or ini.'tress.

riiiihleeulli — To j>revcnt, restrain and punish the fore-
italling »»nd r» grating; to regulate the in«poction and
vending of fresh meat'-, poultry and vegetables, of butter,
lard, and other provisions, and the place and manner of
gelling fish, and iriS|)e('tiiig the sanu*.

JWuitrrutli Tf) regulate license and prohibit butclirrs,
•nd in revoke their licenses tV)r malconduct in the course
of trade.

Tttfutirlh — To establiflh standard weights and measures,
•nd regulate the weights and niensures to be n^ed within
the city, in all cases not otherwise ])rovi('ed by law ; to
rrfjtiire all trHdi-rg or dealers in tnerchandise, or | ropi rty
of any dencription that is sold by weight or measure, to
be tc'ted and sealed by the city sealer, and to bo fiubject
to hit inf |M etion. The standard of sueh weights and mea-
•uref •hall be conformable to tlioso established by law or
ordinance.

I ufuty firnt — To regulate and [)r')vi<lf! for the inspect-
ing and iii<-«4uring of lumber, slii'igle««, limber, poNl«»,
•tav***, heading, and all kmds of building n:ateiial, and
for liie measuring of all kinds of mechanical work, and to
appoint one or more inspcctori or measurers.

F«f«uiiic(.

U*7«cOOM.

, a«.

958 IS 57.

Tivrn/i/spcojul — To jjf'ovide for the inspection an(ln«r, ke.
weigliing ot liaV) lime and stone coal, anil the plane and
manner ot selling the same; to regnlate the measure-
ment of fir wood, charcoul and other fiu I to be used or
sold within the city, and the place and manner of selling
the same.

Tweiity-tliird — To repulate the inspection of beef, pork, De«f,k«.
flour, meal. I. ^d otiier pro visions, salt, whisky and other liquors
to be sold in barrels, lux'sheads and oIImt vessels or park-
ages ; tu a,>point weighers, gangers and inspectors and
prescribe tlifir duties imd regulate their fees: Prttvided^
that nothinL' herein shall be so constrned as to require the
inspection nfany article.-? enumerated herein which are to
be stiipped beyond the limits of the state, except at the
request of the owner tht reof, or his agent.

Twenlij -fourth — To r..^ulate the weight and quality of ^''*'"'*
bread to be sold or used within the city.

Twenti/-fiflh — To regulate the size and quality of Bricki.
bricks to be used or sold within the city, and the inspec-
tion thereof.

Tu'cnti/-sixlli — To create, establish and regulate the fo\i<»,
police of tne city, to a;point watclimen and policemen,
and prescribe their duties and powers.

Tivent>/-stventh — To prevent and suppress any riot, Riot-
rout, affr;iy, noise, disturbance, or disorderly assembly, in
any pub .c or private place within the city.

Tweuly-elaihth — To prohibit, prevent and suppress horse norserwiDf.
racing, immoderate ridin-; or driviptr in the streets, and to
authori'^e persons immoderately riding or driving as afore-
said, to be stopped by any person i to prohibit and punish
the a!>use of animals; to compel persons to fasten their
horses or other animals attached to vehicles or otherwise,
while standing or remaining in the streets.

Twenty-ninth- -To restrain and punish vagrants, men- vagrmu.
dicant^, street beggars and prostitutes.

Thirtieth — To regulate, restrain and prohibit the running ff^rses, ihMp,
8t large of horses, cattle, swine, sheep, goats and geese,
and to authorize the distraiiiing, impounding and sale of
the same for costs of the proceedings and the penalty
incurred, and to impose penalties on the owners thereof
for a violation of any fordiriance in relation thereto ; to
regulate, restrain and prohibit the running at large of
dog", and to authorize their destruction, w'len at large
contrary to ordinance, and to impose pcualties on the
owners or k'-epers thereof

Thir/)/fir.:f — To nrohiSit and restrain the rolling of ^"''*'»'"'7 <•»•-
hoops, ^ying of ki^^, or an)' other amusementi? or prac-
tices teudi.ig to piiiiioy persons passing on the street:) or
sidewjilks, or It frighten liorses or teems; t,> restrain and
prohibit the ringing of bells, blowing of hurDS or bugles,

1«57. 954

cryinij of pf»ods, and all otlier noisos, pf rformances and
practices tfiuliiig to the collection of per-^ons on tlie
streets or siilewalks, by auctionc»*rs hiuI others, for tha
purpose of bu<inesi», ainnsenient and otherwise.

XMMa««> Thirty- sfcoud — To abate all nuisances wliicli may

injure or atfeot the public health or comfort, in any man-
ner they may deem exptdient.

1 flirty third — To do all acts and make all requlations
which may be necessary or expedient for the promotion
of healtl» anc the suppression ol diseasi".

Thirty-fourth — To compel the ownt r ^r occupant of any
grocery, cellar, soap or tallow chandler or blacksmith
shop, tannery, stable, privy, sewer or any other unwhole-
some or nauseous house or place, to cleanse, remove or
abate tlie same, as may be necessary for the health, com-
fort and convenience.' of the inhabitants.

■r«v«rt«s iii. Thirty-fijth — To direct the locatini, and regulate the
management and construction of breweries, tanneries,
blacksmith shops, foundries, livery staples and packing
huusus ; to direct the location and rei;ulate the manage-
ment and constru'^tion of and restrain, ..bate and prohil)it
within the city and to the distance of one mile from the
limits thereof, distilleries, slaughtering establishments,
pst^blijliments for steaming or rendering lard, tallow,
offal and sych other substances as mny be rendered, and
a'l o'.her establishments or places wlieie any nauseous,
offensive or uriwholesome business may be carrie*! on.

■•"»! ef it» Thirty -sirlfi — To regulate the buri I of the dead, to

esta'di<ih and regulate one or more cemeteries; to regu-
late the registration of births and di>atii5; to direct the
returning and keej)ing of bills of mortality, and to impose
penalties on physicians and sextons and others, for any
default in the premise .s.

Thirly-sccftith — To provide for the tiiking an enumera-
tion of ihc inhabitant.^ of the city.

Thirty-eif^hlh — To erect an'l establish a work house or
houie ol rorrnctlon, make all necessary rub s and regula-
tion in relatioo thereto, I'.nd to appoint nil necessary keep-
erf or a'fifitant* ; to j»rovide for the confinement t!ier»*in
of all vagrants, utraggliirs and idle or disorderly pers ms,
•nd any pemon who sh.ill fail or neglect to pay any iine,
penalty or costs imposed for breach of any ordinance of
the city. And the circuit court of Rock l.tland county
may, in its discr'tion, sentenco any per.sot. who may be
coitvicted in .laid court, "f n-.y misdemeanor, to the work
hoini! or home <,f corrcrction in .-^aid city, instead of the
county jiiil of K >ok Iiland county,; and in wll suc-h cases
thr rotinty kIibiI pay th« expenses of such r(-i fitiement.

»• ru •^ T»- Thirl I ninth — To fttjthori/.e the taking Uji and punish-
ing of all %«graiivs, stragglcr.s, idle itiddi9or<*erly pciso n9)

««i^ lu.

|-»AVi, k-

055 1857.

who shall be f )un(l loitering or sti oliinfr abotit public places
wlipre liquor is sold, or le iding nn iinin.)-Hl or prolligate
course of lift- ; and to a iMiorize tlu- continein»'iit of any
such person or persoiis in the work ' otise or house of cor-
rection, for a period not exceeding three month<?.

Fortieth— To autlioriz- and direct tlie taking up and ^^<J"J^"»** **'■
providing fo- the safe keeping and ediication, for such
periods of tiinr as may be deei.ed expedient, of all chil-
dren who are destitute of proper parental care, wandering
about the strerts, committing mischief and growing up in
mendicancy,' ignorance, idleness and vice.

Fart i/-Jirst- -To fill up, drain, cleanse, alter, relay, re- Dr«io», fc..
pair and regulate any grounds, lots, yards, cellars, private
drains, sinks and privies, direct ai d regulate their con-
struction, and cau>e the exjensts thereof to be asse'-sed
and collected iji the same manner as sidewalk assess-
ments.

Forty- secoii>l — To preserve the harbor, levee and pub- nsrbor »< it-
lie landing, to prevent any use of tlie same, or any act in "
relation ther« to, inconsistent with or detrimental to the
public health, t ) prevent and punish t'>e casting therein,
any earth, ashes, or other substance, filth, logs or lloating
matter; to prevent and remove all obstructions therein
and to punish thn authors ; a id to regulate and prescribe
by such ordinances, or thro.:gh their harbor master or
other authoriztMl officer, such u location of every steam**
boat, or other <"raft or vessel, or float, and such change" of
station in and use of the harbor and landing, as may he
necessary to promote order therein, and the safety and
equal convciuence, as near as may be, of all such boats,
vessels, crafts and floats, and may impose penalties not
exceeding on»! hundred dollars for any offence against any
such ordinances; and by such ordinance charge such
penalties, together with such expense? asmaybf incurred
by the city in enforcing this section, U[)on the steamboat
or other vessel, craft or float ; to charge and collect
wharfage from all steamboats, vessels or other crafts land-
ing at said lovee, and to expend the fund so collected in
improving said levee and harbor.

Forty-third — Tn direci and control the laying and on- Rkiiro»4 tracks,
struction of railroad track;, bridges, turn-ouU, switches in
the streets and alleys, and the location of depot grounds
within the city ; t'> require that railroad tracks, bridg»^8,
turnouts and switches shall be so constructed and laid as
to interfere as little as possibhr with the ordinary travel
and use of the stn ts and alleys; and tl.at sufficient space
sh^il be left on eitiicr side of said track for ttie iafe and
consenient passap*? of teams and persons. To r«'qiilre
railroad companies to keep in repair the streets through
wl.ich their track luay run, aud to coustruct and keep in

Ortim»m^t».

1857. 956

repair suitable crossings ft the intersecticn of streets and
all»'\ «, and ditches, sewers and cn'verts, when the city
council shall dctm necessary; to direct and jircdiibit tho
use and rti;ulate the ^pced of locomotive enfrines within
the inhabited portion of tlie city ; to prohibit and re-
strwiii railroad companies from doing storage or ware-
house busines? or ccdlecting pay for storage.

Fiirty-fiitirth — The city coviiicil shall have power to
pass, publish, amend and repeal all ordinances, rnles and

tolice regnlations not contrary to the constitution of the
fnited States or of this s»ate, for the good government,
peace and order of the city, and the trade and comm«rce
thereof, that may be necessary or proper to carry into
effect the powers vested by this act in the corporation,
the city gc\ ernment, or any departmen' or office thereof;
to enforce the observance of all such rules, ordinanc a
and j» ilice regulations, and to punish violations thereof by
fiwes^ penalties and imprisonment in the county jail, city
prison, or workhoirse, or both, in the discretion of the
court or magistrate before whom conviction may be had.
But n<> fine or penalty shall exceeil five hui.dred dollars,
nor the imprisonment three months for any offence, and
such fine or penalty may be recovertJ, with costs, in an
action of debt, in the name or for the use t)f the city, he-
fore any court having jurisdictioa, and j)unishment indict-
ed; and any per''on tipon whom any fine or penalt) is im-
posed, shall stand conimiited unlil the paj ment of t'M! smne
and costs; and in d« tault tin reof may hi imprisoned in the
county jail, city prison or workhouse, or recjuirei^ to labor
on the streets or other ptiblic works (»f the city, for such
time and in such timo and in such manner as may be pro-
vided by ordinance.

Article V — Of Taxatwn.

§ 1. The city council shall »»avc power, within the
city, by ordinance —

/•Vr.»/ — To levy and Collect, annually, tax'S not exceed-
ing four milN oti the dollar, on the assessed value of all
rc4l And personal nutate within the city, niadr taxahh by
th«3 lawd of the stute, f »r stat«^ or county pm poses, to de-
fray the contingent nnd other exp«'ns' » of the city, not
h'-rein otfierwide especially jirovided for ; and which taxes
fhall coufltittile the gener il funu.

Senmil — To levy and colhct, annually, at the tit u of
the levy and coll* ction of g< neral taxes, (axes not exceed-
ing four mill* on the dollar, on all properly subjer' to tax-
ation, for the purpose!! ol repairing street and highways,
coDJlructing and repairing cross walks, main dtairiii and

967 1857.

sewcr.i, ai.d other purposes of pei.eral citj improvements;
and whioli shall constitute the general improvt ment fund.

Third — To levy i>nd collect, annually, at the same time
above mentioned, taxes not exceedinj^ two and one-hdlf
mills on the dollar on all property suhject to taxation, to
meet the interest aciiuing on the debt oT the city. And
the city council shall pass no ordinance or resolution in-
curring or creating any interest bear ng debt, without at
the same time making provisions for the levying a tax suf-
ficient to meet the payment of the interest accruing there-
on, when payable.

Fourth — To levy nnd collect, annually, as aforesaid,
taxes nt>t exceeding two and one-hrtlF mills on the dollar,
'on all pioperiy stibject to taxation, when required, for the
erection of a city hall, markets, hospitals, city prison or
work house, the ])urchase of maiket grounds, ])ublic
iquares or parks, or any other like improvement: Provi-
rffv/, tie estimated co.^t of any of the said im|)rovement9
may he ipporti iied by the cit}* council and collected in a
8t ries ofann\idi assessment.?: *^n(t it is further provided^
tliat the cost ofmarkit grounds, market lioiises and public
iquare' may b( levied and collected upon the taxable pro-
perty in the wnrd or wards of the division of the city in
winch they are located. But no local improvement, un-
der th*^ above provision, shall be ordered in any ward or
wards, unless a majority of the ward or wards to be taxed
for the costs thereof shall vote for the same.

Fifth — To levy and collect, anniially, as aforesaid, a
tax upon all the taxable property in such district as they
shall from ti ne to time create, sufficient to defray one-half
of the expenses of erecting and furnishing lamp posts and
lamps, ajiu lighting the streets in such district; and the
tax thus collected shall be exclusively expended for such
purposes in the district paying the same.

Sixth — i'o require (and it is hereby made the duty of) "

every male resident of the city over the age of twenty-one
years, and under the age of fifty years, to labor three days
in each year upon the streets and alleys of the city ; but
any person may, at his option, pay in lieu thereof seventy-
five cents for each day's labor required : Provided^ such
pay.nent be made within ten days after notification by the
supervisor. In default of payment as aforesaid the sum of
tliree dollars and costs may be collected, and no set olT
shall be allowed in any su t brought tj collect the same.

§ 2. All ordiuanct;3 or res lutions of the city council
levying taxes for any or all of lie purposes above named
shull specify the ptirpose or fund for whiclt the .Qame are
levied; and the amount levied for each ; but in -^ll pro-
cco<^uigs for the collection tliereot" any two or more of the
taxes so levied may be computed together, and the total

1857. 0^9

•mount of the taxes so computoil togetlier collected af
one t«x ; but when collected, the aps;rega(»> amounts of
tlie sevtT.il taxt'S shall be set aj>iirt a.: a Sfj^arate funil.

Article VI — 0/ »''Jss€Ssm(f '? for opening Streets and

Jiileys.

\ 1 The city council shall have j)ower to open ami lay
out pul»lic squares or grounds, streets, alleys ami high-
ways, Hud to alter, widen, contract, straighten and dis-
continue the sam«-; but no street, alle, or highway, or
any part therof, shall be discontinued or contracted, with-
out the consent in writing ot all pe sons owning land or
lots adJDining said street, alley or highway. They slmlK
cause all streets, alleys and hii;hways, or puMic scjnarea
or ground^. laid ouf by them to he survey* d, described
and record* ii in a book to be kept l)y the cleilc, showing
particularly tite proposed imj>rovenionts and the real
estate required to be taken; and the satne wh«n opened
and raaiie shall be public highways and public squares.

^ -. Whenever any •'treet, alley or highway, public
square or ground is j»r'»posed to be laid out, opened, al-
tered, widi-ned or st rtiglit* ned by \irtue hereof, the city
council shall giv .• no ice of their inteiition to appropriate
an<l take the land nect'ssary for the same, to the owner or
owners thereol, by puMishing said notice for tea days in
the newspaper pul)lisiiing the ordinances of the city; ut
the txpiiiition of which time they shall choose by ballot
three disinterested freeliolders, residing in the tity, as
commissioners, to ascertain and assess the damages and
recompense due the owners of stich lands respectively,
and at the tame time to determine what persons will be
benefitted b) such impri -ement, and assess the damages
ii\>(\ »xj>»*n'<es iheretif on tl.i* real estate of persons betie-
fi'ted liiereby, in prop(irti":i, as nearly us may b«-, to the
benefits resulting tu each. A majority of all the ali!erraen
• uiliorued by law to be elf^ctud shall be necessary to the
choice c^ luch commi^sioiiers.

% '). The commission* rs shall bo sworn faithfully and
impartially to execute tin ir duli* s, to the best of their
abiii'iei. H<f()re «»nteririg upon their duties they shall give
at Irail ten dM)»' notice to all j)ersons interest»d of the
time and place of their mei-ting for the purpose of viewing
the prrinuift and making tlo ir assessments; which notice
•^•alj h" given pernonally to or left at the plHces of abode
of the owners, if renidinti and known, or by publication in
the nrwiptpt-r publishing the ordinances uf the city, if
nonreaifJ.-iit- of tLe ei'^ or unknown. They r'hall view the
premn4;«, aiiiI in tlieir «ji<crelion receive any legal evidcnoe,
aod may, if nrceSHary, adjourn from day to day.

959 1857.

^ 4. If there should be any huihlings standing in whole
or in part upon the land to be t.tlcen, the commissioners, be-
before proceeding *o make their assessment, shalf first es-
timate and determine the wliole value of such b«iiKlingto
the owner, aside from the value of the land, and the actual
injury to him in having such building taken from him ; and
secondly the value of such building to him to remove.

^ "). At least five days' notice shall be given to the """•••
owner of such «letermination; which notice shall specify
the buildings and the award of the commissioners, and shall wbaitotonuin.
h^ signed by thei.i. It shall hIso require the persons in-
terested 'o appear, hy a day to be named therein, and elect,
or give notice to the city council of their election, either
to accejit the award of the commissioners and allow such
building to be taken, with the land condemned or aj)[iro-
pria'ed, or to remove such building at the value set there-
on by the commission rs to remove. If the ownershall elect
to remove such building, he shall have such reasonable
time f )r that purpose as the city council may direct. The
notice herein required shall be served personally or left ""'' 'erT«<.
at the residence or j lace of abode of the owner, if known
and a resident of the ciiy, or by publication in the news-
paper publishing the ordinances of the city, if nonresident
or unknown.

§ G. If the owner refuses to take the building at its
appraised value to remove, or fail to give notice of his
election as aforesaid, within the time prescribed, the city
council shall have power to direct the sale of such build-
ing at public auction, for cash, giving five days' public
notice of the sale. The proceeds of tlie sale shall be paid
to the owner or deposited to his use.

§ '[. The commissioners shall thereupon proceed to coiti»i»»»««ert
make their assessment, and determine and apprai-'e to the "''"''^•°°^'
owner tiie value of the real estate appropriated, and the
injury a ising to him as such owner from the condemna-
tion thereof; which shall be awarded to such owner as
damages, after making due allowance therefrom for any
benefit which such owner may derive from such improve-
ment. In the estimate of the damage, the commissioners
shall include the value of the buildings, (if the property of
the owner of the land,) as estimated by them as aforesaid,
less the jtroceeds of the sale thereof, or if taken by the
owner at the value to remove, in that case they shall only
include the difference between such value and the whole
estimated value of such building.

§ 8. If the damage to any person be greater than the •■■kim *•<
benefits received, or if the benefit be greater tkan the ''•■•"'••
damagei, in cither case the commissioners shall strike a
balance, and carry the difference forward to another col-
umn, so that the assessment may show what amount if to

1857. 060

be received or paiil by the owner<5 respectively, and the
ditference only sha'l, in any case, be collected of or paid
to them.

^ \). If the land-? and buildings Melons; to different per-
sons, or if the lien "'C subject to liasf or niortgni^e, the
injury done to such \)ersons, respectively, may ue award-
ed tj them by the i-.>ramissioners, less the benefits result-
ing to them, respectively, from the iinjirovement.
&9t«n .1 «a- ^ 10. Having .isocrtained the damages and expenses
HiM.Mtn. of such improveiueii'., as aforesaid, th» commissioners shull
thereupon apportion and asses the sane, together with the
costs of the proceeuings, upon the real estate i)y thera
deemed benefitted, in proportion to the benefits r»'sulting
thereto from the improvements, as i>» arly as may be, anil
shiill describe the real estate upon which their assessment
may be made. Wit n completed th«- commissioners shall
sign and return the same to the city council, witliiu thirty
days of their ap|)ointment.
oi#rtut:T«n*- § 11. The clerJ. shall give ten days' notice, by publi-
****^ cation in the newspaper publishing th«- ordinances of the

city, that such asst ssment has been relumed, and on a
day to be specefied herein, will be confirmed by the city
council unless obj- ctions i<> tho sau-c are mndo by some
person interested. Objections may he heard before the
city council, and tiu' liearirig may 'je R<lj.)urnc<l ,V.)m day
to day. The council -hall ha"e pow-', in their disc retion,
to confirm or annul ' • assessment, or rrfer the same back
to the commission! I -. If annulled all the procredings
lii:ill be void. If c- i.tirmed, an ordt-rof eonfirmatio i shall
be entered directing a warrant to i<nie for the collection
thereof. If ref.-rrt I back to the same or other commis-
■ioncrs, lljey sh:ill pi tecfd tt) makr iheir .issessmeni, and
return tlie same in lik<> manner, and give like notices as
herein r«quir«'d in reL'ion to the firsi, a id all parties in
intere.it shall hav«^ the I'te notice ani rights, and tin- city
shiill perform like luties and have lik<- powers in relation
to any subsecptent dctcnnination, as are herein given in
relation to the first.

§ 1-. The cit) council shall have power to jomove
commissioners, a. id from time to time apjioitit others in the
place of such as may be removed, rcliHe, neglect or be
unable from any clause to serve.
*^ ****. ^, i !•'• Thft land req lired to be taken for the making,
•M« opening, widening, straigritenmg or altering any street,

alley or o'.licr highway, or ;. iblio ground or kj -are, shall
not be appropriated tintil tin damages awar«ler! th«*ref"ir
to any owner thereof under tim n.^t, shall be paid or ten-
dered to "ucii owner or hii flf^'Mif,, or in case such own^^r
or hii agent cannot be found wi'hin the city, deposited to
hit or their credit in loiiie SdfM pUce of deposit, other than

961 1857.

tlie hands of the treasurnr, and tlien, and not before, such
lands may be taken and ajipropriated for the purpose re-
qtiired in uidkii.}^ siuh iinprovcment?, and such streets,
alleys and other highways or public grounds may be made
and ^p«iied.

5 1-i. Where the whole of any lot or parcel of land or Pweadimn

.1 . II .1 » i I ii 1 » •hail whole of

otiier premises, under lease or otiier cuntrart, shall be ta- Myi^t lawktu.
ken for any of the purposes aforesaid by virtue of this act,
all the covenants, ci iitracts and engagements between
landlord and tenant, or any other contracting parli«.s,
touching the s nne or any pari thereof, shall, upon the con-
firmation of the report of the commissioners, respectively
cea.^e anu be absolut* ly discharged.

J 13. Where part only of any lot, parcel of land or when p.rt ontr
other premises, so under lease or contract shall be taken "'^^*"-
for any of th^^ purposes aforesaid hy virtue of this act. all
llie covenants, coi. tract;, agreements and engagements
respecting the same, upon the confirmation of the rej)ort
of the commi^sioneis, shall be absolutely discharged as to
thai part thereof so t »ken, but shall remain valid as to the
residue thereof, and the rents, considerations and payments
reserved, payable and to be j.aid for or in respect to the
same shall lit .-.o proportioned as that the part thereof just-
ly and equitably pa} able for such residue thereof, and no
more, shiill be paiJ, or recoverable, in any respect, for
the same.

§ IG. Any person interested may appeal from any fi- al RiiUi«<»rp«»i.
order of tin- cit} coum-il for opening, altering, widening
or straightening any street, alley or other highway or pub-
lic g ouud, to the circuit cour^ of Rock Island county, by
notice in writing to the mayor or clerk, at any time before
the expiration of twenty days after the passage of said
final or 'er. In case of appeal the city council shall make
a return within thirty dajs after no^icft thereof, and the
court siiall, at the next term after return filed in the
office of the clerk thereof, hear and determiiie sucii appeal,
a;id confirm or annul the proceedings; from which judg-
mi;nt n I appeal or writ of error shall lie. Upon the trial
of the Lppeal the regularity of tlie proceedings as will as
the amount of damages assessed and appealed from, shall
be open to investigation by atfiddvit or oral testimony, a.l-
dressi d to the court; and the buiden of proof shall be
upon the city to show th.it the prjteedings are in confor-
mity to this act. Upon the applicition of the city or of
any pii:'ty, the coiirt m<y direct the am-iunt of damages to
be a;^t ><?eU by a jury in s.mJ court, and on approval of tlie
verdict '■■)' the court, judgment shall be rendered thereon
accordingly.

§ 17. In nil case- w^here th?re is no agreement to the p.rtj ub««ri*.
contrary, the owner or landlord, and not the tenant or
-^83

1S57. 962

ocoMjiant, sliallbe deemcil the person who shall and owght
to I'ay and bear every assessment nia-lefor the exjiense of
all^ puhhc inijtri>veinent. Where any such assessment
sIimII be made upon or paid by any peison, when —

§ 18. The city council may, by ordinance, make any
clittni;es they may deem advisable in the proceedings
1 ereiii prescribed tor ascertainin«^ the damages and injury
occa-ioned to any person or re;il estate by reason of the
coiide mnation of such real estate, or.aiiy r^al estate upon
which any buildings may be situated, in whole or in part,
and the assessment of such damages and injury upon per-
sons or real estate benefitted by the improvement, and in
all such other respects as experience may suggest.
rridtiian A |<^), Where any known own^r or other person having

• ton owner* ', . » I O

•r# lurwiu, Jtc an iiiteresc in any real estate, necessary to be taken or
appropriated, or which may in anywise be affected by pro-
ceedings under this act, shall be an infant, resident of said
cit\ or elsewhere, the judge of the circuit court, or of the
county court of Rock Island county, may, upon the appli-
cation i^( the mayor or city council, or of such infant or his
next friend, appoint a guardian for such infant, and take
security from such guardian for the faithful execution of
such trust, if deemed necessary ; and service of all entries,
sutiiinons or other ])apers required by this act, or of any
ordinance in purs .ance thereof, sliall be deemed sufficient
and jiio^-er service thereof.

Article VII — ^^sse.'smenis for Public fmprovements.

§ 1. The city council shall have power from time to
time —

i'.r»«n fta4 •!- /'/-.v/ — To cause sny street, alley or other highway to
be uraded, r« graded, leveled, paved, macadauiized or
p!ank«-d, and ki ep the same in repair, and alter and
change the snuie.

StT mil — To cause side and cross walks, main drains
and ••ewf r«i, and piivate drains, to he construct«'d and
laid, relrtid. ••leanst d and repaired, and r< gulatc the same.

r«Mict.iur« Th-rd — To grarle, improve, protect ;ti)d ornament any

f>uh ic Frjuare or otlwr public ground, now or hereafter
aid out.
■««**^. »«* •'. I. Tlie expenses for repairing streets and highways,
coi.^truetirig ;uid rej)f»iring <'ross walks, main drains and
0»w(r4 hall b«- paid by tlie city out of the geneial im-
pr 'vrment fund. The expenses of any of the other imjirove-
njenti n^mtd fi'xoept sidewalks and pri\ ate drains) may
1)« paid on* of tlie same fund ; cr ma} be assct'sed uj)on
the Jt-A e.^tat** on thr sfre« t or oth' r h'^Ivvay, or any j»hrt
th^ffof, n:i<,n wl.ich any of the said in provementi may bo
m«'i^, to ne levied and collected in the bame manner nfl

\*it.

••«• vWU.

p«i4.

963 1857.

other city taxes, or in such manner as may be prescribed
by ordinance : Pnjvuhit., sucli tax shall not exceerl, per
annum, three mills on the dollar of the value of the pro-
perty assessed ; or, the expenses of any oi the said im-
provements may be, and the expenses of sidewalks and
private dr.nns sluill be, levied upctn the lu's or land- in
LTont of, adjoininirtp; or upon whicli the city council s rail
order and direct sidewalks or private drains, or any other
improvement as aforesaid, to be made, constructed, gra-
ded, &c., accorditjj^ to the respective fronts upon such
street or highway.

^ 3. That for the purpose of establishing a system of Dr»'iMge.
sewerage and drainage, the city council may have power
to cause the city to be laid off into districts, to be drained
by principal and lateral drains or tributary sewers or
drains, having reference to a general plan of drainage by
sewers and drains for the whole city, and number and re-
cord the same.

§4. All owners or occupants of lots or lands in front •""•»■«•/ lan-i*
- ,. . . , ' . , . ., «> (Jrade and

Of, adjommg or upon w'lose premises tiie city council rcvur tide-
shall order and direct sidewalks Or private drains commii- "* *'
nicating with any main drain to be constructed, graded,
repaired, rehiid or ch ansed, or shall declare any such
land or lots to be nuisances, and order the same to be
graiied, filled up and drained, or otherwise improved, or
any other improvement as aforesaid to be made or repair-
ed, shall make, grade, repair or relay such sidewalk, or
make, repair or cleanse such private drain, or grade, fill
up, drain or otherwise such lot or land, or make or re[>air
such other improvement required at tlieir own co«t and
charges, within the time and in tlie inaiuier prescribed by
ordinance, or otherwise, and if not done within the time
and in the manner prescribed, the city council may cause
the same to be consti ucted, repaired, relaid.

Article VIII — Cjllection of Taxes and ^hsessments.

§ 1. The city council shall have power by ordinance
to rrescrihe the form of assessment Hits, and presciibe
tiiO duties and define the powers of asst-ssoi.s. They i;iay
also make such rules and give such directions in relation
to revising, alteriipg or adding to the lidts, as they may
deem proper and t \pedient.

§ 2. The annua! assessm* nt list,s shall be returned by imnai a«os>-
the assessor on or before the first M- nday in June in each "**"'
year; but tiie time may be extended by order of tii.' city
CO'.n.il. On Uiu return thereof the city council shall fix
a u ly for hearing objections thereto, fvnd the deik siitill
give notice of tiie time a:.} ^Iacp of such iiearing, hy pub-
lica'aonin the paper pujlishing the ordinances of the city;

and any person ftelii .; aggrievt il by tlio asscsjinrnt of !.is
property may apj'par at the time specifitd uiid make his
objections. Tl'»' ciiy council sliall liavi- power to supply
omissions in .'aid a<stssiiunt lists; and for the purpose of
eqttRli7.iiig llie same, to altor, ai^d to, take from, and otl.cr-
v,i<f iM'rrect and loviso the same, or to rtl«r the same
baik to the as>cssiT, with instructions to revis\' and cor-
rect the same.

X. ..•, § o. When the assessment lists have been corrected

and revised, the same shall be filed, and an onler confirra-
ing the same, and directing the warrant to be issued for
the ctdlection ther» of, sliall beenteiedby the elcrk. The
city council shall thereupon, by an ordinance or resolu-
tion, levy such stim or sums of money as may i)c sufficient
f»r the sevt-ral purposes for which taxesnre herein author-
ized to be Itvied (^not exceeding the authorizt d per cent-
age) spteilying tin- purposes tor which the s.une arc le-
vied, and if not for general pur]>oses, the ward or di\ision
of the city upon wLich the same are laid.

T. Tf •,•!«>• ■r.« ^ 1, Ail taxe« and assessments, general or special,
levied or assessed by th'> city council, under this act, or
any ordinance in pursuance thereof, shall be a lien upon
the real estate upon which the same may he imposed,
voted or a.-?ess'.'d. for two years fromi-nd aftei the correct-
e«i asjiessmc nt lists .'■hall be confirmed, and on personal
estate from and after the dt-livcry of the wnrrant for the
collection therejf until paid, and no sale or transfer shall
affect the lien Anypejsonal property belonging to the
debtor may be t.iktn and sold for the payment i-l taxes on
real or per^^onnl estate, and the real estate shall be liiible
for the taxes on personal estate in case of removal, Of
when the same cannot be made out nf the personal estate,
in the name manner as is preserilx d bj the laws of the
fl4te : Pr'tvidcd, that in case the collection of any assess-
mmt shall b*- delayed by injunction or other proceeding,
the «ame shall continue a ]!• n, utih .vs' set aside, upon the
rral estati', f)r the period »f tvs'o years fri)m and after the
fr.rti -'ixp sitijij of such iujunction or other jmlicinl j)ro-

^' ' >. 'Ihc clerk shall i^sue a warrant or w.irrants for

the taxes end set ddv^n in n column or cnlunms, ruled for
that purpose, the amount of taxes le\ ii d, opposite the name
of tl..' j)cr«ori or real esla'c subject therifo. He may set
the djflercnt tax<-8 doA'n in separate eoluinns, or compute
t.jg'ther ai one tax any tv.o or more of the taxes levied
by tiif^ eily council, and include the totnl nmoinit of the
taxe« 'o roinpiited togither as one tax in sucli warrant or
WArr4ia*, arid in all warrants, orders of sale or other pro-
r in X' lalion to the collection of taxc* under the

\r. .1 of tliij act

905 18

ui.

5 n. All warranto issiiod for the collection of ^ruoral t..xp« cniiPfi«i

• i. 1 . illi • 11. 1 It Milt III nanio

or special taxes anu assessments, shall be signed by the of oorpunuuii.
mayor and cl<rk, with tlie corporate seal tlnTtto attached,
and sha;l cont.iia true and perfect copies of the corrected
assessment li^ts, upon which the same may be issued.
Tiiey shall be delivered to the collector for collection
within thirty da3S after the filing of the corrected lists,
unless fiirthi'r time for this purpose shall be given by the
city council. If not otherwise paid, the c<dlec.tor shall
have power to collect said taxes with interest and costs by
suit ill tlie corporate name, or by distress and sale ofi)er-
sonal property as aforesaid, after a demand and refusal to
pay the same : Pruvu/eU, a notice j)uhlished by the collec-
tor for ten days in the newspaper printing tlie ordinances
of the city, shall be deemed a demand, and a neglect to pay
taxes for twenty days thereafter shall be deemed a re-
fusal.

§ 7. All taxes and assessments, general or special, ciiocm** da-
shall be collected by the collector in the same power and ****
authoritj as given by law to collectors of county and
state taxes. He '^lia'.l pay the sa'ne as last as collected
into the city treasury, and his tluty in regard to returning
warrants and settling with the city, and his liabilities in
case of default or misconduct shall be the same as pre-
scribed by h'.w : Proviilcdy the city council shall have
power to prescribe the powers, d:ities and liabilities of
collectors b} ordinance.

§ 8. In cast s of nonpayment of any taxes or assess- ^''*" p»'n»M.i of
ments levied or assessed under this act, the j)remis'S may
be sold for the payment thereof, at any lime within two
years after the confiimation of the assessment by the city
council. Cifoie any such sale an orcU r shall be made by
the city council, which shall be cn^^'red at lart^e u|)on the
journals or records kept by the clerk, directing the col-
lector to sell, describing the delinquent yiremisps to be
sold, and the assessment for which the sale shall be made,
a certiiled copy of which order, under the corporate seal,
signed by the mayor or presiding officer of the council,
and "lerk, shall ))e delivered to the collect(jr, whicli, to-
gether with the warrant, sl.all constitute the process upon
which such sale may be made.

5 9. The collector shall then adverti-e such premises Pr^ni'*" i<> »^

11 i' • ,1 1 !• 1 • /i 1" •"iTerined for

lor sale, by notice \:\ tlie newsp iper publnlung the ordi- »■!•.
nances of tlie city council; which notice shall describe the
premises by figures or otiierwise, and state the name of
the owner, when known, and the amount or amounts of
taxes assessed thereon and costs, ard also the tim" and
place of saK , and rliall Le publisl.r'd at Irast four time:;,
the first of which p iblicatlons shall be at lea>t thirty days
before the time of sale. 'The proceedings may be slipped

1557. 9G6

at any ihwc on the payment of tlio taxes or assessments and
interest with expen^fs of atlvei ti.^ing.

M«cn*r ar Mti- ^ ]0. All sales shall be condiuted in the manner re-

dacMocMM. qjjjj.^j jjy |g^^^ ^^^^ j|,jj pi(y council shall have power to
prescribe the manner of comlucting the same. The sale
shall bt; nia le lor the smallest portion of groum', (^to
be taken from the east side of the premises,) for which any
persofj will tnke the same and pay the taxes or assessments
thereon with interest and costs of sale. A certificate of
sale shall be made and subscribed by the collector and
delivered to the purchaser ; which c< rfificate shall con-
tain the name ot the juirchaser, a description of the pre-
mises sold, the amount of taxes or assessments, with the
in'erest and expenses for wtiich the same was sold, and
tlie time when the right to redeem will expire. The mar-
shal shall assist the collector in making said sales, and
they shall respectively be entitled to the same fees for
selling us are alIow( d by law for similar services, or their
fees may be regulated by ordinance. The collector shall
make a record of such sales and return the same to the
city clerk ; which record shall be open to inspection at
all reasonable times.

aeJe«piiom. ^11. The right of redemption, in all cases of sales for

taxes or assessments, shall exist to the owner, his heirs,
creditors or assigns, to the same extent as is allowed by
law in cases of sales of real estate for taxes, on the pay-
ment, in specie, of double the amotmt for which the same
was sold, and all taxes accruing suhseqiu^nt to the sale,

*" '"• ^..'*" ^'i^'i interest. If the real estate of any infant, Jemmt
e^virt ot'?*- cm-ert or lunatio, be sold under this act, the same may be
■*^*'^" redeemed at any time within one year after such disability

is removed. In case of redemption the money may be
})aid to the purchaser, or for him to the city clerk, who
shall make a sj>ecial deposit thereof with the treasurer,
taking his receipt therelor. If not redeemed according to
law ti.e city council shall, »ij)on the return of the certifi-
cate, or proof of its lo^s, <!irect a deed to be executed to
the purchaser, iinder the corporate seal, signed by the
mayor or presiding officer of the city council, and counter-
f'gned by the cl'-rk, conveyirg to stirh purchaser the pre-
mues 9o sold and ni redeemed as aforesaid. An entry of
the execution and delivery of all deeds so made aiid of the
date and granti-e therein shall he made by the clerk, in the
book wh.f rein tax sales are recorded. A fee of one dollar
ina) be cfiarged by the clerk for an^ deed so issued.

§ 12. The assigneft of any tax certificates of any pro-
mi^ei "old for taxes or assessments, under authority ol the
city, shall be entjthd to recj-ive a deol of such premises,
in hii own name and with the same effect us though he
Lad been the original purchaser.

967 1857.

§ 13. If at any sale of real or personal estate for taxes oitTt,bidi.taoy
or assessments no bi i sliull be made for any parcel of land
or any gaods and cliattels the same shall be struck off to
the city, and thereupon the city shall receive, in the cor-
porate name, a certificate of the sale thereof, and shall be
vested with the same rights as other purchasers at siuch
sales.

§ 14. All deeds made to purchasers of lots sold for dp»'|» •' >ai»*i
taxes or assessments, by order of the city council, shall
he prima facie evidence, in ail controversies and suits ia
relation to the right of the purchaser, his heirs or assigns,
to the premises thereby conveyed, of the following facts :
First — That the land or lot conveyed was subject to tax-
ation or assessment at the time the same wa? advertised
for sale, and had been listed and assessed in the time and
manner required by law. Second — That the taxes or as-
sessments were not paid at any time before the sale.
Third — That the land conveyed had not been redeemed
from the sale at the date of the deed, and shall be conclu-
sive evidence of the foll')wing facts : First — Tliat the
land or lot was advertised for sale for the length of time
and in the manner required by law. Second — Tliat the
land was sold for taxes or assessments, as stated in the
deed. Third. — Tliat the grantor in the deed was the pur-
chaser. Fourth — That the sale was conducted in the
manner required by law. And in all controversies and
suiti involving tlie title to land claimed and held under
and by virtue of such deed the person or persons claiming
title adverse to the title conveyed by such deed shall be
required to prove, in order to defeat the said title, either
that the land was not subject to taxation at the -date of tlie
sale, that the taxes or as3es«!ments had been paid, that the
said laud had never been listed or 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 Uie use and benefit of the persons having
the right of redemption undor the laws of the state ; but
no per?un shall be permitted to question the title acquired
by the said deed without first showing that he, she or
they, or the person ur»der whom he, she or they claim title,
had ti*le to the land at tlie time of the sale, or that tlie
title was obtained from the United States or this state,
after the s-le, and that all taxes due upon the lands have
been paid by such persons or the persons under whom he
claims title as aforesaid.

Article IX. — Fire Department.

§ 1. T\\r city council, for the purpose of guarding ^^" *»'"-
•gainst *'ae calamitieci of fire, shall have power to prohibit

1857.

968

C%UUMft.

AtkM.

rtr«k««k«<j

•««y •««•', li-

the erection, ])laciiig or roj)airing of woodon bniUlingg,
within the limits prt .«cribt tl bj tluni, without thtir per-
mission, anci ilirert M»d jrtsiiibt' that all Imihings within
tlie liujits prtscribtd shall hv made or constnutt d ol' fire-
proof matt-rials, and to prohibit the rebuilding or repair-
ing of woodt n buildings within the fire limits, when the
same shall have been damaged to the extent of fifty per
cent, of the value thereof, and to prescribe the manner of
ascertaining such damages; to declare all dilapidated
buildings to be nuisances, and to direct the same to be re-
paired, removed or abated, in such mam er as thej shall
prescribe and direct; to declwe u!l wooden buihlings,
within the fire limits, which thtj may dcnn dangerous to
contigiious buildings or in causing or promoting fires, to
be nuisances, and to rt quire and cause the same to be
removed or abated, in suih manner as they shall prescribe.

§ -. The city council shall lia\e power —

Firsf — To regulate the construction of chimneys and
flu* s, so as to admit of <himney sweeps or other mode of
cleaning, and to comptl the sweeping and cleaning of
chimneys.

i^ecfind — To prevent and prohibit the dangerous con-
struction and condition of chimneys, flues, fire-places,
stove pipes, ovens or aiiy other apparatus usi d in or about
any building or manufactory, and to cau~e the same to be
removed or j)ldeed ia a secure and safe condition, when
consiilered dangr^rous.

T/tin/ — To prevent the deposit of ashes in unsafe places,
and to appoint one or more officers to enter into all build-
ings and incIos\irses, to examine and discover wheiher the
saw*i are in a dangerous state, and to cause such as may
be dangerous to be put in s;;fe condition.

Fuui fh — To require the inhabitants to provide as many
fire buckets, and it such manner ind lime as Ihry shall
prescribe, atjd to regulate the use thereof in times of fire,
and to require all owners and occupants of buildings to
construct and keep in repair wells or cisterns upon their
premisru.

Fifth — To rej;ulate and prevent the carrjing on of man-
ufactoric.? and works dai-geruus in promoting or causing
firei.

SLrlh — To regulate, prevent and prohibit the use of
fireworks and firearms.

Sevnilli — To direet and prohibit tie manngement of
bouses lor the storing of guttpowder and other coinhusti-
ble and dangerous inaterial.s within the city; torigulate
tl.e keejdng and conveying of the same, and tlie tuse of
candh s and other lights in .stables and other like houses.

Juff'tf.': — To regulate and prescribe the manner and
ord» r i>( the building of parapet and p;irtiti n walls and
pattition fences.

9G9 1857.

K^btlk— To comoel tlio owik. g or occupants f liouspg
or otjier buildings to have scuti'es ii> the roofs and stairs
or ladders leading; to the same.

Tenth — To authorize the mayor, fire warden-? or other Aufhoritjei cf

ffi^.,.., /. .1 •••!. f tfi9 in»yor and

cers of Saul ci'y to keep aw ny from the vicin.ty ot any oiheK oniceri iu

fire all idle and suspicious pers i.^, and to compel all offi- «a*eof ore.
cers of the city and all other jx- sons to aid in the extin-
guishment of fires and in th'^ |>ro«:ervation of ; roperty ex-
po ed to danger thereat, and in preventing goods from
being stolen.

Eleventh — And, generally, to establish such regulations,
for the prevention and extingui>.:.ment of fires, as the city
council may deem t-xpedient.

§ o. The city council may procure fire engines, and
all other ap]»aratu-» used far tl e extinguishment of fires,
anil have the charge and control of the same, and provide
fit and secure houses and other places for keeping and
prc<serving the same ; and shall liwe power —

First— Ho organize fire, hook, hose, axe and ladder
companies.

Second — To appoint or provif^e for the appointment of
a competent num! or of able and reputable inhabitants of
the city fi. emen, to take the carr> and management of the
engines and other apparatus and imj)lements used and pro-
vid» d for the exti.iguishment of fires.

Third — To pi escribe the duties of firemen, and to make prescribe the
rules and regul, t.ions for their \\ >vernment, an 1 to impose 2^^^ "^ T
reasonable penalties upon them for violation of the seme,
and for incapticity, neglect of Jity or miiconduct to re-
move them.

Fourth — The city council sliall have power to appoint Bngineew.
a chief and assistant engineers of the fire depa'-t-nent ;
and they, with the other firemen, shall take the care'and
management of the engin^«: and other apparatus and im-
plements pro% ided and used for the extirguishment of fires,
and their powers and duties shall be pi^scribed and de-
fined by the city council.

5 4. The members of the city council and firemen Firemen exempt
Sliall, daiing t;;eif 'erms of rervirc as such, be txem[t asjBrorsjkc
from serviiig on juries, iU the militi;^, or working on the
streets, or paying any tax for the "ame. The name of
eacl' fireman shall be legi-stered witli th^ clerk of the city;
an<' the eviijeiice to entitle him to tie exemption ))rovided
in whis section shall be the certificate of the clerk, under
tho corpoiution seal, for the year \\\ which exemption is
claimed.

1957. 970

Article X. — Board of Health.

r.^ . --_—»- ^ 1. The board of healtli shall consist of three or more
•*■"*•* commissioners, to be uppointed, annually, by the city

council, and the mayor, or presiding ortieer of the city
council, simll he j)resiiient of the hoard, aiul the city clerk
shall be thtir cUrt, and keep minutes of its proceedings.
»««r« ^ -• It shall he the du'y of the health otficeis to cause

to be visittd every sick person who mjiy be reported to
them as hereinafter j)r.nidt d, and to report, with all con-
venir-nt speed, their opinion of the sickne?!* of such person
to the clerk of the board, and to cause to be visited or in-
spected all housts or places in which tliey may suspect
any person to be confined with any ptstilentiul or infec-
tious disease, or to contain unsound provisions, or damaored
or putrid animal or vegetable matter, or other unwhole-
some articles, and to make report of the state oftht^ same,
with all convenient speed, to the clerk of the board.
c« 4i«- § ''^- All pers )ns in the city, not rt^idents thereof, who
may be infected with any pestilential or infectious disease,
or all things which, in the opinion of liie board, shall bo
infected by or tainted with pestilential matter, and ought
to be removed, sd us not to endanger the health of the
city, sliall, by order of said board, be removed to some
proper place, not exceeding five miles beyond the limits
of the city, to be provided by th*^ board, at the expense of
the person to be removed, if able ; and the board may or-
der any furniture or wearing apparel to be destroyed,
wl'.cnever they may deem it necessary for tho health of
the city, by makingju«t compensation.

§ 4. The city coiiucil sh.»ll have power to prescribe
the powers and duties of the board of health, and to pun-
ish, by fine or im|)risonment, or botl , any refusal or neg-
lect to observe the orders and regulat'nns of the board.

§ .'). The health offieers may be authorized by the city
council, when tin- public interests nijUire, to exei 'ise,
ioT 'he tim*' being, such of the power^., and prrfonn ruch
of the dutirs, of nursliHl or supervise, i, as \\\v. city council
may, in their discreti'Ki, direct, and ^hail he authoriz'-d to
enter ill houtcii and other places, private or publi •, at all
tim***, in the diirchirge of any duty under this act, or any
ordinance.

§ 0. Every pffson prnclising physic in this city, who
sill 1 have a patient laboring under any malignant, infec-
tion or |M<tili;n'ial disease, HJiall forthwifli in. ke report
ihrreof, in wriliu);, to the clerk of the board, and for ne-
glect to do no <«hall beronside>ed guilty of a misdemeanor,
and liable tj a fine of fifty drdlars, to be smd for and re-
covered, with coflt.1, in an action uf debt, in any court hav-

971 1857.

ing cognizance thoroof, or before a justice of the p rce
for the use of the city.

Article XI — Misscellanei.us Provisions.

5 1. The city council shall, :'t least ten days before Po»«nf««oB tr
the annual election in each year, cause to be publislied
in tlif ni'wspapcr publishing the ordinances of the city a
full and correct stateraentot the receipts and exj)e»ulitiire8,
from tl»e date of the last annual r^'port, together with the
sources from whence the formtr were derived and the
mode of disbursement ; and also a distinct statenjont of the
whole amount assessed, received and expended in the re-
spective wards, and divisions for making and repairing
streets, highways, and bridges for the same period, toge-
ther with such other information as may be neccessary
to a full understanding of the financial concerns of the
city.

§ 2. All fines, forfeitures ard penalties, collected un- '',"JJ,"^ '*'*
der the provisions dl this act, or any ordinance passed in
pursuance thereof, or for the vitiation of any law, commit-
ted wi hin said city, shall be j»uid into the city treasury,
by the officer collectiiig the same.

§ '^-. Neither the mayor or city council shall remit any
fine or penalt} impo«;ed upon any person for a violation of
ai.y law orordinanee of said city, or release from impris-
onment, unless tw(. thirds of all the aid* rraen authorized to be
ejected shall vote for such release or remission ; nor shall
any thing in this act be so construed ai to oust any court
of jurisdiction t. abate and remove nuisances, within its
jurisdiction, by indictment or otherwise.

§ 4. No voty of the city council shall be reconsidered «*mc»i. '
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.

§ 5. Every ordinance, regulation or by-law, imposing PnMi<-»Moe of
any penalty, fin*», imprisonment or forfeiture, for ;i viola-
tion of its pro^i ions, siiall, after the passage thereof, be
published thiee days in tlio newspaj»er publishing the or-
dinances of the city ; and shall be of force from and after
the day of the date of sucfi publication.

§ 6. The affidav't of the publisher or printer of tho
newspaper publishing the ordinances of the city, of the
publication of any ordinance, regulation or by-law, or any
notice or other matti-r required by this act or by any ordi-
nance to be publi.slied, shall be conclusive evidence of
such publication, in all courts and places, or th? same
may be pro\ed by any other competent evidence. All
such c-dinnnces, regulations and by-laws, wi.en printed
and publtihed in book or pamphlet form, and purportirg to

isr.7. i»72

hv print.'il an.l ptiblishid l.y 'lutliorlty of the corpi ration,
shallj>f rec. ivt'il in e\ iJeno»« wiilioiit rinllit-r proof.

V2ilju«irVi!' r ''^ "■ "^^ "ct''>»s broiicht to recover any penalty or
forteiture inourreti un.ler this act, or any ordi-.f^noe, by-law
or police rtfTuIation made in pursimnce thereof, shall
be r.eoverahle by action of debt, in the corporate name;
I shall be Swtfiji. nt to declare, or complain generally, for
the same, si.itmt; the clause of this act or the by-law or
ordmance under which the penalty or forfeiture is claimed,
and to give the special matter in evidence tinder it.

'»ltu'-!f 'r ^ ^- '" «11 prosecutions for any violations of at y ordi-
«*»».«. nance, by law or other regulatiot,s, tlie first process shall

be a summons, unless oath or atfirtnatiMn be made for a ca-
pias as in other ca<es : Prorii/ed, /loirrnr, that the city
council may provide by ordinance, .that in case of a
breaeh ot any police regulation, or other ordinance, where
an immediate arrest shall be deemed by them to be essen-
tial to the enforcement thereof, a warrant may i'^sue, re-
turnable forthwith, on oath bein^r made of such l)reach.

*:ru:i." "•" . ^^ '^- Evtcutions may be iss.ud immediately on ri-udi-
tion of judgment. If the defendant has no goods or chat-
tels, or real estate, within the county of Rock Island,
whereof the judgment can be collected, the execution ^hall
require the defendant to be confined in the county jail or
wotkho'ise, or city ].rison, for a term not excecditig three
months, m the discretion of tlie court rendering judginciitj
and all persons who may be comiaitted under this section
shall he coi. fined one day for each one dollar of such judg-
ment and costs. All exunnses incurred in prosecution
for the recovery of any fino, penalty or forfeiture when
collected shall be paid into the city treasury.

^V^"*^^' § 1'^ •^'^y person who shall iijiire or destroy any
bridge or any jjublic building or other property belonging
to ihe city, or shall cause or procure the same to be in-
jured or destroyed, shall be subject to a penalty not ex-

rm»HT cecding five Ijimdred dollar-i for su^-h oflVnce, to be re-

Cover«-d by the city in an action of debt, and may be
imprnoned not exreeding six inon'hs, in t!»e discretion of
the court before whom such conviction may be had, and
• urii person «hall also be liable in a tivil action at the suit
of the cit), for the damages occasioned by such iiiury or
destru'lion.

•f f't-

5 11. No person shall be an incompetent jiifl»e, justice,
witn»M or juror, by r- isou of hi>t beinp an inhabitant or
fre.. old.,T m the ci y of Rock Mand, in any nf-lion or pro-
cerding n which sail city may be a party in interest.
'[uiu *'*'* . C '"■ . '^" ordinances, regulations and resolutions now
in f'Toe in th»' city of Rock Island and not incon-^^istent
with thi« act, sJiall remain in force under this act until al-

1)73 1857.

tered, modiAeJ or repealed by the city council after this
act shair take effect.

§ V'j. This .1 ;t shall not itnalidate any Ifgal act done
by the city council of the city of Rock Island, or hy its
otficer'', nor divest their succf^sors uinltT this act of any
rif^lits of projurty or otherwise, or liability wiiich may
have accrued to or been created by said corporation prior
to the pas?ige of this act.

§ 14. The st\le of all ordinances shall be : " He if ur-
dained by the Cily (jjuiu'i/ c/ f/ic c/ff/ of Iioc/t Is/ain/.^^

§ 1'). Tlie city coiMioil shall have power to cause the SurTcyt ui
block:* and Kts of the city to be surveyed, platted and '*'"^"
ouinbered in consecutive numbers from one upuard, nnd
to designate and number all fractional or other lot^ or
bio 'k-? in such manner as they ma} prescribe by ordinaii'^e,
and such plat. Jesij^natioii and numbers, when made and
duly recorded, shall be a good and valid description of
said blocks and lots or fractional lots and blocks:; to
establisli, mark and declare the b ounderies and na nes of
itreet- and ^lle.s; to require that all additions hereiit'er
made to ?aid ctty, or nil lands adjoining or wiihin the
same, l.iid out 'iito block' or lots, s'lall be so laid oiii ad
platted to corr<;spond and conform to the regular blocks,
streets and alleys already laid out and established wit' in
tiie city; to rename the streets and alle3S of said city and
cause the name? thereof to be recorded, and all sneh streets
and alleys shall thereafter be kfiown and described by
tiie names so given. *

§ 10. Where any powers are given or duf'^s imposed
herein, that are given or imposed upon township olficcrs
under the laws of the state, the same shall be held, to ex-
clude the exorcise of such power or the performauLu of
sutdi duties by the township officers, or any other power
than the officers o( the city.

^ 17. That none of the powers gr:\nted in this act shall
be so construed as to authorize any interference with
rights which were legalized by " An act to amend the
charter and ex'end the powers of the Chicago and R'>ck
Island Riilroad Compan)," approved, Alar'di Isf, 1>>34,
and the ordinance described in >'aid above entitled aet.

§ IS. That <.ll laws and parts of laws incorjtor^ting
the city of Roc' Island, heretofore passed, are hereby re-
pealed, but such repeal shall not invalidate or affert any
act, liability or past transaction or matter o: any ki;iil un-
der or in pursuance of any of the said laws, but the same
■hal! remain and be upheld, in the same manner as if said
laws continued to remain in force.

§ 10. This act to be a p iblic act, and to take eftect
from and after its passage.

Approved I eb. IC, 1857.

1S5T. y74

r* i«, »ir AN ACT to Incorporate the ShAwnfftown and EquaUtv Railroail Coin-

[Section 1.] It,- it ouicted hy the people ij the s/tite of
J/ttitoisy npreseitfet/ in thf (ieneral »-2s<ietn'i/i/. That Robert
Kii Lliam, Aiulrt'W ML'C..<l»n, Joscjyli J. C'.»stles ami Uobeit
Injjersoll, ;ind tliuse with wlioni they may associate, be
aud are hereby createJ a body corpc^rute and jiolitic,

^^ with prrpetual succcssiuii, by the name and style ot '' The

Shdwiieet»)wn and Kijuul.ty Railroad Company;" aud l)y
that name they and their uccessors ma) siic and be sued,
i>Ie<id and be impleaded, maintain and dcl'end, in all courts
' of law and equity, as natui al persons; and they are hereby
vested with all the powirs necessary lor purchasing,
taking, holding and selling property, real, personal or
mixed, as natural persons, and sutlicit nt in nmount and
value to carry out the t>l)ject of this act; which are to
build and maintain and use and operate :i railroad fr>)m
the tovs'n of Siuiwneetown, in the count) of Gallatin,
and state of Illinois, to the town of E(|uality, in the
county and state aforesaid, witli one or more trac ks, and
with all necessary side tracks, turnouts, depots, wharves,
Stalijus and all other necessary buildings, itulosure and
Structures, and to connect with oi cross an) other railroad
in this state.

^^^ § 2. For the purpose of acquiring the right of way

fjr the Cunstruction of said railroad, bide tracks and turn-
outs, and grounds for depots, wharves and stations, and all
Otiier necessary building.- .lui things, and for the ptirposo
of obtaining stone, gravel and other materials, for build-
ing, ballasting and repair>.ig the same, and ioi' a right of
way to said materials, tlie said company Hie hereby
autliorized and empowered to take and condemn and use
th«- same, unii- r the provisi ins of **An act to amend the
law condtmning the right o< way for the purpose of inter-
Dai iwiprov«:ment," apj-roved .June liJd, 1<S'>2.

^ '. Thf capital slock of said compaii) shall bu on*
miiiii n of dollars.

mtmm tt ti- § ** When stock to the amount of one thousand dol-
r««M* Ufd per niiU has been sub cribed, of 8ai(. route, the

•to- Uuoldi rs may o^>ect. at such time aud place us ihej
m.' agree on, and cle-ct a board of as many directors ui
l(.r\ MUall determine to Bj)poiiit — earh stockl. older, fi)t
■uci purpose, giving one vole for every one hundred dol-
lars of slock subscribed by him.

._ 'J, •''• The aforesaid comiiany may issue bonds of a

^tmf. ill I. ruination not less than one hundred dollars, and nego-

li • the latue, aid t'^rrow moi,), wicrtgag'; any and fall
of thf ir properly, *'(;.'il, n-rsunal and uiixed.

j 0. r;<i; said Uoiiid of «'!»<'ctorti s/iall have power to

•r«. ' pass aii revdfal by-laws and regulations wiiich Ihey may

975 1867.

deem advisable, for the government and manngement of
the affairs and property of said company, not inconsistent
witli the laws and constitntinn of this state nor of the United
States. The stock sl.iill be deemed personal property,
and transferable, as may be [)rovidt'd by by-laws.

§ 7. And the right of way is hereby ^iv»n to sj id &t. ** *** '
company to construct, l)uild, maintain and use their said
railroad, upon the line of the old Shawncet^wn and Ahoa
railroad, and to have and use the same forever, as v^ll
as all embankments, culverts, bridges, excavations, ties,
stone, gravel, mid all other tilings upon said line or that
part thereof which extends from the said town of Shaw-
neetown to Equalit) : Pruiidvd, that the charter granted
to the Shawiicetown and E(jnalit) Phuik Road Company
shall become forleited, ac<ording to the terms of said
charter; and all acti inconsistent with this act are hereby
declared null and void.

§ 8. Tlu' county court of Gallatin county is hereby r.»ii»tin w«ntr,
authorized to sultscribe stock to said railroad. They are itock.
also empowered to donate to said company all of their
swamp and rtverflowed lands in said county, not otherwise
disj os»(i of, tipon such conditions as tliey may see proper,
and shall submit the larae to the people, after giving at
least sixty days' notice thereof in every precinct in said
county; and if a majority of those vot't g at such election
vot'^ for such donation, the said land shall vest absolutely
in said railroad company.

^ 0. The said company shall commence their said
road within five years after the passage of this act and
complete the same within ten years after the commence-
ment thereof.

This act to be deemed a public act, and to be in force
froni and after its passage.

Approved Feb. IG, 1867.

AN ACT »o iDcorporata the Black DlamoDd Coal Coinra«y. r«b. i«, \tm.

[Section 1 ] Be it enacted hy the people oj the xtate of
iUiiu'U^ reprrseiited v> the (Imernl *Qsscmhly^ That John
W. Spencer, Thomas J. Robinson, Richard Mansel and
Pilter Saville, their as ociates and surice?sors, be ami are
hereby constituted a body p«»litic and corporate, under
the name ard style of "The B'ack Diamond Coal Com- **»!•
pany," with perpetiial succp'si^i': and with power, hy
that name, to contract and b«» contracted with, sue iind
be sued; to have a common seal, and to alter the same at

pVasiirejto take and hold, y iuirrlia^sc, lands in the couu-

u-.;. »f tkf lits of Roi"4i Island and Henry,! r the pur|M se of mining
r :» e- ^jjj tra.isporting to home aud foiri<»u marktts: Pmrided,
the laud so held :>ha.l not «t any time exd «d two tliou-
saiul acres — with power to .^rll and convey l!;e sane, or
any part th-reof ; and, moreover, to appoiut all necessary
agents and )rticers, and to ni.ikc such ;^) laws and n gu-
lations, for 'he more thorough organization of said com-
pany and the prosecution of its business, within the mean-
in*; of this act: Providcdy sifid bylaws aiu! regulations
are not inco.isistent with the laws ot this state or the
Unit d Stat-v:; and, nioreovei, with power to hold such
personal prc^ierty and to possess and erect such stock,
buildings aiut machinery a> may be necessary for the
purposes of milling, transportation and sale of coal, in
puriuance ut the powers .uid privileges granted by this
act.

Cstaui it^^. ^ 1. The capital stock of said company shall he one
liundred thcuand dollar?, divided into shares of one hun-
dred dollars each, with power, hv vote of the st-ckhnld-
ers, at a m-eting duly called, to incrertst- llie saitt capital
stock to an\ amount, not exceeding oik- million of dollars.

Ei^ti a er 4i- § •-^- '^''*'' ^''^^ meeting of said corp'^ration may be
it«uf». called by 'uf per.-ons named iu thi.s act, or any two of

theaj, or b} their attorii }s, at such tim-- and place as
Ihey may select, within the ' t)i;nt> of Rock Islan<l; and at
such meetiiig a board of diieclirs shall be chosen f;'>m
among the .stockholders, by the votes (Jf a nnjority of the

ihiu»' ■ ; lockliolders present at such mcetinpr. Ami sucli hoard

'"*'"'• cf directors sliull take chaigc «»l the op« rations ol the

company, sohjict to such rul« < aiid rcguUlions as may be
adopted by liic said stockii* Iders. The f .id board of
directors shall consist of not le s than three nor more
than five, i.nd hhall hold otfio' lor one }ear or until their
guccessori be appointed, and shall appoint from among
Uitmielvcs a pr< -indent and tna^urcr, and may adopt
such by-lawj and regul.'itions, lor the gov» rnment of the
concerns of the « impany, as thy may derm expedient,
not inconiitftent with thi rules t').ide by thu stockholder!
aforesaid nor with the laws of tl iw state.

f^«r u *«. k ■* '^^'* *®'^ •omj- ny nhall iiave power to construct
•fc^.t • r»ii- n railroad from any p.i I of ihe 1 uids ow/it-d by th 'in, or
whicli may be own«'d I tlr-m tiiK.cr ai.thority of thi i act,
so ai to connect Hilh aiy other ruilicad in said coiiiitics
of Jtock Ial«nd and Henry county; v/hich said roud or
roadf, so constiu'^ti d, hall nut exoe':d three miles in
lcni{lli, and hIiaII bn uic i for thr truMSpOttation of coal
and mairrial of ■ »id corrpany, fi»r the coiiveni< nt prose-
cctioD 01 in bujii<.i5.<«^ and not for any purposes of genural
tr^iiaportatiou.

977 U'y-I.

^ ■"). Tlie ri^ht of way for said road or roads to be RiKt»» i^ «»».
coii<ti iiPted uiiiJer the provi^ioiis of this .ict, as aho for
buiMiiii^^^, laiiiliiiwa, &<•., nrnv ♦»« obtained by said company,
eitliei by purcliasc, ^\{\. or ^i ant, or in tlie mode prescribed
by an act of tlie state of Illinois, en'iiUd '*Aii act to amend
tbe law condemnin|(> the riglit of way f<)r purposes of
internal improv.Mnent," approved innv^ -Jd, A. D. 1852.

$^0. Tie said compaiiv M)Hy bti),b(iild and own boats, Boautobetain.
for carryiiifi; on tlieir bnsintss; and may dispose of tlieir
property, or an) portion of it, by sale or otiierwise; and
they are hereby authorized, from time to tiiio, to borrow
money to an amount not exceedin^» o:.e-half of the capi-
tal stock of Said company actnaliv paid in, tmd for that
purpose may issue their bonds', b(!aring interest at a rate
not exceediiiEj ten per cent., and to "secure the same may
execute oiie or more mortgaj^es upon all or any part of
the property of said c>»inpin\; which said mortgage or
mortgages, being duly acknowiedgrd and recorded in the
said couTities of Rock Island or Henry, a.^ the case may
be, shall be valid and eflffCUial li»^ns upon the property of
the s-iid company, to the extent and for the purposes for
which ihev ar" executed.

^ T. Ctrtifieates of stock shall be issued to the hold- certinc«i«i! *f
ers thereof, whenever the sain« shull be paid for, and
shall be coiiaidered and passed as real estate, and shall
be transferable on the books of the company in such
manner as shall be prescribed by the l>)-law.s; but no
Stock shall be transferred by any person until all the debts
and demands of the company against suih person shall
fir^t have been paid and discharged; and for all such
debts and demands the company shall have and lujld a
lien on the stock of each person until the s&ine are fully
paid : Prociilid., t'lat said company may recover lands in

1)ayment for stock, at such rates as may be agreed upon
)j said conipar y.

§ 8. This a..t to take effect and be in force from and
after its pas<»H^e.

Approvkd i?eb. 16, 1857.

A!f ACT to incorporate the Union Manufacturing Companj. r«t. le, iirr.

Sec I ION 1. fie it enacted by the people of the ^tntt oj
I/limnsy representeii in the (ienera! %2ssemfu't/, That Wil-
linm M Jackson, Ilarl'"/ Wayne, Walter F. Si:iter, Wil-
liam N. I^aluwin aao Osgood Joslyn, anrl such other per-
sons as nay asiocidte with them for that purpose, are
-84

ri^<.a

heifby coh>tiluteil a hotly politic aiul corporate, by tlie
i^i« j4»n.. «ntl st)le of ♦*T1»»- Union Manufartiini*!^ C(>iii]>aiiy;"

aitd ; V itmt name ami style tliey and ilit- ii succtssors shall
have j»<T|»eiiial sncfessiun.

^ li. The said eorpiw ation sliall he onpahle of suing
and h«iiti» <5Ued, pleading; mid b^injj impleaded, »ns\vti in|^
and hj-ini; answered unto, in all tlie oouris of tliis >fale;
and the) may have a common seal, and alter and change
the same it pleasure.

^ :\. 'I'lie saui corporation shall he cap»hle of pur-
tl asing Mild luddinj^ any ie«l and personal estate, neces-
sary to proMi.ite the ol)jects Hnd interests ol said <(»rpora-
tion, and of conveyini; said real estate at pleasnre.
c***fW •«•«• ^ 4. The cnpital s»oc k of said company shall be twenty-

five thoutsard dollars, divided into shares of one hnndred
d*'llars eacli: but the «aid corpnration sliall have power to
increase iht-ir said capital stock to any sum, not j-xceed-
luo hundred thousaiui dollars, at any time, by vote uf the
directors of s^id company.

^ 5. *i he p^-rsons named in the first section of this
act arehereb\ appoinletl commissioners, who, or aniajoiity
(if wliom, a/t h» rnby autlioriz-d to open subscription
boolc!* lor sail stock, at such times and places as they
ma\ deem proper. T'le said commissioners shall require
eae|» subscribi r to pay five dollars on each share snbsci ibed
Mt the time <»f subscribing^, and wliene\er fifteen thousand
dolUrs of said stork shall be subscribed the said c(»inmis-
sioiH-rs hball call a ineelinK of the stockhohlcrs, by K'^ ioR
tiiirty da>s' notiie, in some mwspapcr piintcd in Mclleu-
ry count); and at such meeting the stockholders, h.i\iii^
one vote lor each share, shall proceed to elect live direct-
ors of said company — to whom, when elected, the said
commi««ioner!« shnll «leliver up said subscription book",
with all sunn ol money or otlni property they may have
rei« ived h« c •mmi'isioncrs of said companv. No person
but a atocklioldiT shall be a director in said company.

Jj 6. The directom of »ai«l t ompany shall hold their
office for the term of one )ear, and until their successors
tr*- elected; and the s^id <lirectors, a majority of whom
fhiill form ■ qM'Mum for th«- tran> flion of business, shall
eirrt one ol their number If) be prtxident of siiid
coin|>Hny, and xliali have |»ower to appoint a secr»'t-iry
and otlMT olIiciTs necessary in thf transaction of the
bu«inefi of taid company, and are hereby empowered to
oiake all nece-t.i'.ry rubs, by-laws, nmilatioris and ordi-
nanr«-<i that they may de» m n«c« *sary to accomplish Iho
deii^nfl and purprm •• of said jompany, and lor the trans-
i*iT and Bd'i^M.in' nt of its stork, whicli is h«Tchy decl.tred
n»r«'>nal ptoperty, and transferable in sneh manner as
fbal! be provided for by the ordinances of faid corporation.

079 1857.

§ 7. The directors of said poraparjy, after the same is Diroctort.
organized, shall have power to Open hooks, in the manner
pre:$cribe<i ni the fillli section ot this uct, and to fill np
the balance ot the stick of said CDnipan}; and any
increase of --'tock voted to be n ade, as they may deem
for lite interest of said company, and prescribe limes of
payment of installments ua said C!i|Mtul stock, in such
sums as they may deem best calculated to advance the
interests ^f said corap;iiiy.

^ S. The said coipor^lion sIuiU have power to erect
all necessary huililiiii»s a id machinery, in the village of
Union, or near that point, for the prosecution of the busi-
ness u( manufacturing Hour, wool, cotton, machinery,
iron, lumber, and for any other species of manufacturing
they may ihink proper, and mnij' give and receive promis-
sory notes. III the transaction of tlie business of said co*".
poration: Pruii(/et/, i\\aLt no j)owers herein granted shall
be s.» construed as to confer any banking prinleges.

§ 9. Ill order to facilitate the business Oj>erations of Bund..
sai<i company the said directors shall be antliorized to
obtain any sum or sums of money, on their bonds or other
evi'iencts of debt, lo the amount of stock actiuilly sub-
scribed; but at no time shall the debts of the company
exceed III amount tiie capital stock. The shareholders
shall be liable t« the creditors, in their private property,
to an amount equal to the stock held by thein alter the
corporate property sliall be exhausted.

§ !<•. All bonds and deeds in the purchase of real
estate, by the director>, shall be executed to the presi- ^

dent and directors of said company, in trust, for the
sto ^kholders of said eompany; and all conveyances of
real estate, made by said corporation, shall he. made by
the president and a majority of the directors of said
company.

Jj ll. The time for the annual meeting, for the election Anmwi mpo' .e
of directors, shall be the first Monday of the month in
which the first electio i of said otficrrs shall happen, as
hereinbetore provided, and notice tht reof shall he given
in some newspaper, thirty days previously: I'r<jvi(ted^
that an omission to hold such annual meetir.g shall not
work a forfeiture oi their charter or a dissolution of the
corporation.

§ \1. This act shall take effect from and after its pas-
sage.

Approved Feb. 16, 1857.

1957. 980

r«» !«• .afti A\ ACI'(ochait«i the city of Sterling.

Articlb I. — 0/ Boundaries ami General Powers.

Skction 1. /ic i/ enarted hy the people oj the stale ((f
llhutus^ rc/iresi nied in the (ie»eral ^issetnhlf/, Tliat tlie
inliHbitants of that part ot tlw town of Stirling lit rt'inafttr
dtscnbti), iu the county of Wliittsidf, hiuI state oi Illinois,
bf and tilt) ;;r«' lieit-by coiis'iluttd a body politic and

»>?»•- corporal**, by lii«' naiiu* and style of the ''City of Sterlingj"

tml by that name siiall have perpetual succession, and
ma) have and use a common s<-Hii, wliich they miv change
and alti'r at pleasure.

ci\s umttt. § '1. All that «iistrict of country embraced in the plat-

ted tiiwn of Sterling, in said county, including the several
aiiditions thereto as now platted and recordf'il in the otfice
of (he rec(ir<h r of stid county, is hereby declaretl to be
wirlun the biuind.iries of the Srtid "City of Sterlinj;/'

w*f«w ^ ;'.. The county judge, C'»inity treasurer and county

stMv»-\or of Said county of VVi iteside sliall, on or bef'Me
tli«' filieenlh day of March nt\t, divide llie said city of
Sterling into three wards, «s nearly equal in population
as practicable, particularly describing tlu boun'laries of
each.

A4Jiu«rt. ;i 4. Whenever »ny tract of land adjoining the city of

Sterling »hi?ll be laid (»ft' into tow n lots and dul) recorded,
a<t now required by Uw, the same shall be annexed to
and form a part of said city of S eriing.
»i o-,. ^ 5. The inhabitants of saiil city, by the nanm and
8t)le jiforesai«l, siiall have pi'v. er to sue and he s<ird, to
plt-ad and to be iin|)lfadeil, def-'iid and he defended, in all
courts of law or equity, and in ull actions uhutev*! ; to
purchaht', recej\u and hold pi'»perly, real and pesonal,
in x lid ciy ; to purchase, receive and hold prop rty, both
ffal and pergonal, beyond the rit), for burial grninds or
forotbtr public purposeji, for the Ui.'of tln! inhabitants of
»«id cii) ; to si II, liMse, convey or dispose of property,
real and persona , for tht benefit r>! the city, and to im-
prove anil protect Rucli prooert) ; ijiid to do all olhor
tilings in relation thereto as naturul | rsons.

Articlk II. Of I lie Cilj/ (ou icil.

5 1 Th»re «hall bo a city council, to consift of a mayor
unri board ot ulderiP'-n.

( 2. The board of aldermen rIiuH ci nniit of two mrm*
bert frcm each w.iid, to be rhosrn by ii <; (jtiaiified vot« rj
for {"^n yean, auJ until others ^hnil be July elected and
qualiticd.

toU pjwtrt.

9S1 isrj.

§ 3. No person sliall be an aMerman unless at the time
of liis election lie slidll iiave re-ii<ie(l !>ix inonllH within the
city limit.*), aii<i shall be, at the tune of his election, a resi-
dent of the ward for wliich h*; in;iy ht; ele -teil, and of the
age of twenty- one years, untl a citizen of the United
Statc-s.

§ 4. If any alderman shall, after his election, remove
from the ward for which he wuii elected, his otfice shall
thereby be declared vacated

^ .'). At the first meeting »f the city council the alder-
men shall be divided, by lot, into two classes; the seats
of those of tlif first class shall be Vdeated at »l»e expira-
tion ot the first year, and of the second class at the expi-
ration of the second year, so that one aldeiman shall be
elected from each ward annually.

;■ 0. The city council slull jndj^e of (jii:iliri cations,
elections and returns of their own members, and shall de-
termine all contf sted elections.

§ 7. A majority ot the city council shall constitute a Qnorom.
quorum to do liusiness, but a smaller number may adjiurn
Ironi day to day, and C()ini)el the attendance of absent
members, under >juch penalties as may be prescribed by
ordinance.

^ S. The city council shall have power to determine
the rules of its [iroceeditigs, punish its members for dis-
oider'y conduct, and, with th^ concurrence of two-thirds
of the members elected, expel a member.

^ 1'. The city council sIimU keep a journal o' its pro- j.BrMi.
ceedings, and, from tinu lo time, publi>!li the same in some
newspaper published in said city having the largest circu-
lation therejii ; and the yeas and na}s, when deinantled
by any memuer present, shall be entered on the journal of
proceedings.

§ 10. No alderman shall be appointed to any office
under the authority of t!ie city wliicli shall have been cre-
ated or tiie emolument;.' of which shall h ive been increased
during the time for which he shall have been elected.

§ 11. All va( ancies that shall occur in the board of rar.ncie*.
ahiermen shall be liiled by election.

^ \'l. I'he mayor an«l each alderman, bcforo entering o-iii rf i,m.«.
upon t!ie duties of 'lieir respective offices, shall t:i!ce end
sub'^cribe an oath or make aifirinalion tfiat they wiii sup-
port the constilutio:' of the United States aid of this state,
aiit that they will well and truly perform the duties o(
th ir office, to tin best of their skill and abilities.

s 1:'.. Whenever there sliall be a ti^i in the eUctioi. of
aldermen the judi^^^i of the election shall certif v the same to
the ma} or, wiiO!*.iiil (^ettimine th .; s vme, b) lot, in such
manner as shall be provided by ordinances.

1S57. 9S2

^ 14. Tliere sl»all be t\v»<l\p stafrtl mp»<iric.« of tl.e city
counril ii) t .icli year, at sul*Ii times and pl.vcts as may be
piescribed by urdinance.

Article III. — 0/ the Chief Ej-ectitire Ojjtce.

Ufm. jj 1. Tlio cbirf exeouti\ f nffiror of tlie city sliall br a

m.iNor, wlto shall be electfi! by the qtialifud votrrs it the
city, and f' all hold bis ntJiie for one year and until hi?
Buccissor shall be elected and qualified.

>} 'J. N>» ]>erson shall be » litjible to the office of mayor
who shall iml have bten a rtsidt nt of the city f«>roiie year
' next j)rrc«(li' g his eltction, or \vl o shall hr nmler twrniy-

ono years nl a^e, rr who shall n«»t, at the lime ol his elec-
tion, be a citiztn of the Uniud States.

j^ ;>. It any mayor shall, during* the time for which he
shall have l)eeij elected, remove from the city, or shall be
a'xcnt from the city for the space of six months, his office
shall be vacated.

»«-.-t«t« kr i«t. ji 4. Wiit-n two or more persons shall liave nn equal
number of votes for mayor, tiie judi^es of election shall
certify the same to the city council, who sliall proceed to
det«rmine the same, by lot, in such manner as mty be pro-
vided by ordinance.

§ .'>. Wl.. never any vacarwy shall happen in the office
of mayor it shall be hlled by election.

Articlf. IV. — f)f Klcctiuns.

0^**% ^. ha

jj 1. On the first Monday of April next an election
•hall be h* Id in eacli ward of Siiid ( ity for one in;ty(<r of
laid city, one marshal, one p(di(*e justice, one treasurer,
one street rnminissioner, for said city, and two al()« rinen
for eacii ward ; tnd forever thereafter, on th« first Mon-
day of April of each year, t!iere shall be an election held
in each Wtfrd of •'aid city l>r one mayor of said cit\ , otie
inar<h:il, one treanurer, otu street (•(»mn)i>.si<»ner (»f saitl
city, 4nd one nlderman of each ward ; and on the first
Monday ol April of every (oi.rih year, there shall be an
elt;c(ion for one police justice (or said city.

ji 2. The fiiatirot election shall be order* <1 by the said
courtly j«i''ge, county treasurer and coiinly s»irve>or of
laid < ounty of White'-ide, who shall make all in c* Nsary
• rraiiK'-met'ts t'lerefor. They shall give notice of the t me
and placra of holding (aid elections, by polling np notices
in Sife pu lie placet in each \aard of said City. The
Je|;al voterf, when rfl«i'ml)led in their r»Hp"ctive wirtis,
ahall <-hooiie thri e of their mem^'frs tr) art us judgei ot said
election and two of their nutnbi r to net as clerk«.

983 1857.

^ ^. The time and mannor of openinp, oontUictinpf and i^wm m.tiicb
clo.<»ir»{T •?aiil eleclions ami tlic several liiibili'i'-s appertain-
ing to the jddi^es and clerks, and to the voteis, separately
and collectively, shall bi- the s-iine iis j)rescribed by the
general election laws of this state defining the manner of
electing magistrate??, so far as applicable, subject to the
])rovisii)ns of this act.

«^ 4. A^ sjon as practicable after the said election shall p»i' Niok* »mi
have been closed the said clerks of the election shall re- "■'^•""•
turn their respective poll biok^, under seal, to the office
of the aaid county judge ; ami the said county jidge, county
treasurer and c»>unty surveyor are her**by constituted a
bodrd for canva-i^ing said votes and for certifying the
election of the several persons receiving the highest num-
ber of votes for the respective offices here in'f)e fore pro-
vided for. Tiie county clerk of tlie county of Whiteside
shall certify the election of the said mayor and of the said
police justice to the governor of this state, in the samti
manner as now directed to he tlone for other justices of
the peace elected for the county.

Article V. — 0/ Ihe Lpvi^lative Powers of the City

C<)inicil.

% 1. The city council shall have p >wer and authority t»x»«.
to levy and collect taxes for citv purposes nnon all prop-
erty, real and personal, within the limits of »he city, not
exceeding one-half of one per cent, per annum upon the
assessed value thereof, and may enforce the payment of
the same in any manner to he prescribed by ordinance, not
repugnant to the constitution of the United States or of
this state.

§ 2. The city council shall have power \o appoint a App.^nMHi em-
clerk, attorney, collector, city surveyor and ^'1 such other
officers as may be necessary, and for the election of which
no provision is made by this act.

^ '•. The city council siiall have power to require of sonditr •(>«>»
all officers appointed in pursuance of this charter, t') give
bonds with penalty and security for the faitliful perform-
ance of their respective duties, in such sums iis may bo
deemed expedient, and also to require all officf r^ of said
city to take an oath or make affirmation for the faithful
performance of the duties of tlu ir respective otfices be-
fore entering u|)on the discharge of the snine; to borrow
money o:j the credit of the cit\ , by and witfi the consent
of a majority of the inhabitants thereof: Prnvidt<{, that
no sum or sums of money shall be borrowed at ? greater
interest than ten per cent, per annum; nor shnil the in-
terest on the aggregate of all l!ie suits borrowed and out-
standing fcver exceed one-half of the city revenue arising

1857. 984

from tuxes assessed on real proptrfy v itliiii tlif limits of
the city.

j: 4. To apj>r< priste inoiuy jirovitlfj) lor tin* ]>ii)inent
of tlie del>ts atui r-x|uii«j»"S ot tin- v\i\.

^ ,*). T> iitakt' r»i;ulHti,.iis to prt v» nt the intr (hulion
of i'oi»taj»ioiis diseasi s into the city, and to enlone the
same witliin three niile« of the eity.
■••#«t»jt § ^- T(» establish hospitals and ninko irgnlations for

the j'overnment of the snine.

^ 7. To njakf remilalu>ns to setMir<' the mineral health
of the inhabitant^; to drclitie uhat shnii be a nuisdnce, and
to prevent and remove the same.
w.i»r».vH. § S To provide the city with wutt r; to erect hydrants

and pumps in the streets tor the c»)nvenience of the in-
habitants.

{ *.». To o})en, alter ami nboji-li, widen. exNiid, estab-
lish, grade, p<«\e or otherwise improve and kt » j) in jepair
."Streets, avenites, lanes and alle)5, sidewalks, drains and
sewers.

§ 10. To establi'-h, erect and repair bri''pes.
VM«t. , J 11. To di\ iiie the city intu wards, alter the bonnda-

rie>' ther»'of, and erect additional wards as the occafiioD
may r«-(jnire.

^ 111. To provitje for lighting the str« i ts and erecting
lamp po^ts.

§ I'l To establish, support and regulate night watches.

>j 14. Tt) er»'ct market honsis, establish m;trktts and
market places, and pruvnle lor the govt riiim nt an«l regu-
lation thereof,
r^ii. t-ij.-.t ^ l.">. To provide for the erection of nil ncedlul budd-
ing? for the use of the city.

^ !•» To provide for itidosing, impro\ ing and regula-
ting nil public grnnntis bt-h ngin^ In the ( ity.
u «.Ma ^ 17. To licence, tr.x at. tl r«^ulati- Miutioneers, mer-

tiiant.*, rctMilerx, hawki rs, peddlers, pa\^ nbtokers and liottl
keepi-r«.

5 1'*^. To license, tax and rt gnla'e hackney catriagcs,
wagoti*, carls and dra}.i, and Hx the ratef tu be charged
Tr the carti"ge o| ]>) rsons, aid tor tlic wagunage, cart-
•f(r or dra\age of pioprrt).

^ H. To liceii<it| and regulate porters and fix the. rate
of porterage.

it '10. To license, tax and regulate theatrical and other
exhibitions, show^ and anius'-m< nts.
'* iS 21. To restrain, prtditbil and suppress tippling house!
and dram shop^, and V'^tdurs of xpirituourf and malt
lifjnors.

^ .- To |)rohiuit and suppress gaining, bawdy and
disorderly houses.

l>0t*t*t *•"

985 lft57.

§ 2B. To provide lor tlie cxtin^;uisfimt'nt of Ares; to rir«dep»ria»Bt
org;U)ize and establish a fire dcpartiiw ti% with the iiecesiary
officers, an«l to or^nuize, ami t-quip firn companies.

^ -4. To rt't^iilate or)>rohi'.it tin- erection ol' wooden
buildings in any part ot the city.

§ -.'). To regulate the fixing of cliimneyf, and to fix
chimney Hues.

§ '26. To regulate the «tori»ge of gunpowder, tar, pitch,
rosin, j-nd other combustible mat rials.

§ 27. To regulate and order parapet walls and parti-
tion fences.

§ 'iS. To establish standard weights and measures, and
rej^\>late the weights and measures fo be used in the city, stmdsrd
in all cases not otherwise provided for by!aw. !!.*'*"'*. *^

§ l!'.t. To provide for the inspection of lumber an«l other
bui!(iing materials, and for the measurement of all me-
cJianieal work.

§ :')<>. To provide for the inspeetion and weig' ing of
hay and stonecoal, the mea«uring of charcoal, fire wood
and other fuel to be used and sohl in the eity.

§ ol. To regulate the inspeelion of beef, pork, flour,
meal and grain.

§ ;'.-2. To regulate the inspection of butter, lard, cheese
and other provisitins.

§ 88. To regulate the weight, quality and pr'ce of
bread to be used in the city.

f li. To regulate tiie size of bricks to be used or sold
in the city.

5^ oo. To provide for taking enumerations of the inhab-
itant"? of the city. Cenfn*.

§ ;>G. To regulite the election of city officers, and to
provide for remo\ ing from office any person holding an
office created by ordinance.

§ -jT. To fix the coinpensj^tion of all city officers, and
regulate the fees of witnessf-', juror.'? and otln rs, for servi-
ces rendered under this act, or any ordin>ince made ia
pursuance thereof.

^ 8-i. To regulate the police of the city, tc impose
fines, forfeitures and penalties (ir the breacli ci eny ordi- pon-^ rnni*-
nance, and to provide for the recovery and appropriation ' *"*•
of sa -h fines and forfeit'ues, and t!ie eiit >rociaent of si.ch
pena ties.

§ 8'.«. The city council shall have power within (he
city, by ordinance, to license, restrain and suppress billiard
tabi s and ball alleys.

§ I >. T.> regulate, restrain and prohibit the running at
large of horses, cattle and hngg, 'logs an-' other aniu'-tls.

§ 4'. Ail moneys coll-bted under md by authori'y of
any city ordinauce, shall be deemwi 3od taken to belong to

1«I57. 9S6

sa'ul citv, unA <li<pft«ptl of by tliP cltv couiiril, undor the
ori1iuAiii.*t''< of Si.id rif>, lor llio m'liernl use »tul benefit
of th'« iiiliiiSitaiits tlicieof.

§ 42. The oil> •'oiiiumI shall have jtowrr to nuilij^ all
oritiii.^nce* whioti shall be neopssary ami proper for i-arry-
int; into execution the powers >5peoifie«l in thi^ not.

^ 4^^. Ti) license, rt't^iilrtte «)r prnhihit th^^ sale of spirit-
uous or int »xiiMtin!4 liqu irs within the limit? of the tity.
»irt« w •f-i- ^^ 44 The style of tlie rify or<l maiiees shall h« , * He
it ordavxeii htf Ihr City Conuci/ (>/ tfie (Ulij af Sftr/tva."
k:.«««io-« of ^ 4). All orilin«ni'es passed l»y the <Mty connvil shall|
within twenty day^ after tliey shall have h« en passed, be
published in the newspaper pohlislu'd in tho city having
the larijest cirenlation, and shall not he in force until they
shall liHve been puhlished as afuresjiid.

^ 4rt. All ordinances of the ci'y may Ije proved hy the

»«»al < f the corporation, and when printetl or pu >lished in

book or pami)hlet form, and pnrportinij to be printed and

mblished by authority of the corporation, the same shall

»e received in evidence in all courts and places without

further proof.

Article VI — 0/ //<<■ Mm/or.

«rti>Ai>v««.

% 1. The mavor shall preside at all meetings of the
city council, and shall have a ca^tirij^ vote, and no otiier.
In case of non aitenilance of the mayor at any met tini; the
board of aldermen shall a|)|)oitit one of their own mem-
bers chuinnan, who shall preside at their meetings.

.^ *_'. Tiie mayor or any two aldermen may call special
meetings of the city council.
•f § W. Ttie mayor sIimII at all times he active and vip;i-
lant in enforcing; the Irtw--' and ordinaners (or the govern-
ment of tlie city; he shall iri'^pei t the conduct o( all snl>or-
dinate ofTicers of said city, and cause negligence and po»-
itive violation of duty to he jirn.secuted anil punished; he
Rh4ll, fr >m tune to time, eominnnieate to the aldermen such
inftrronti tn and leiomniend all siieh mcbsnres as in his
Opi'iMn laay t»-hd to tin- iinprov<>nient of tlie finances, the
police, \\ui health, iiecurily, comfort and ornament ot the
city.

? I. He is hereby authorized to call on every male
ifihabitant of said city, over the «g#« of eigtiteen }ears, to
ftid in enlorr.iiig iln- laws and ordinances, and in case of
riol \'i ( all ou* the militia, to iml in sup|)ressinf^ the same
or carryiof' intoefTfOl any law or ordinance; and any per-
•on who sh.t'i not obey sm-li call sliall loricit to the sciU
citjr a fiae not exceedtrl^ fifty didlars.

987 1857.

§ 5. He shall liave power, wlienever lie may dopm it
npp«S'«dry, to n(|uin' of any oHlcer of tlie said city an
exiiihit ni his honks and papers.

§ G. \h' shall liHve [)owt'r to ex»»cute all act<» that may
be rt'qiilrrd of him by uiiy ordinance made in pursuance
of thi-f act.

§ 7. He shall be commissioned by the governor as utror eonmu-
mayor of the city, and as such shall be a conseivator of ^'^^^"J^^y,^'' **••
the pt*ace in saiii citVi and shall have power and autl.Diity
to adniini-tt-r oathf, issue writs and proct sses, undrr the
seal ot tli»' city, to take depf»sitioiiS, the arkn'wK dement
of deeds, m )rt^ages and all other instruments of writing,
anrl certify the same, under the seal of the city; which
shall be gond and valid in law, ai.d receive the same fee
for such services as the coui»ty clerk for similar services.

§ 8. Hr shall also ha\ e such jtirisdiction as may be
vested in him hy ordinance of the city in and ovu all
places, within three miles of the boundaries of the city, for
the purpose of enforcing the health ordinance and regula-
tion thereof

§ •>. He shall receive for his services such salary as
shall be fiAed by an ordinance of the city.

fj l'>. In case the mayor shall at any time be guilty of N«gic<t of duty.
a palpable omission of duty or shall willfully and corruptly
be cruilty of op|)ression, misconduct or partiality in dis-
charge of the duties of his otfice, he shall be liable to be
indit'ted in the circuit court of Whiteside county, and, on
conviction, he shall be hned not more than two hundred
dollars; and the court shall have power, on the recom-
mendation of the jury, to add to the judgment of the court
that he be removed from office.

Article \'II. — 0/ Proceedings in Special Cas^s.

§ 1. When it shall be necessary to take private pro- g,itnr» *f p»i-
erty for opening, widening or altering any public street, ^^^« vrovrtj.
ane, avenue or alley, the city shall make a just compen-
sation therefor ♦o the person whose property is taken, and
il the amount of such coHipensation cannot be agreed upon
the major shall cause t!ie same to be ascertained by a jury
of six disinterested freeholders of the city.

55 2. When the owners of all the property on a street, op«'ninir of
lan»*, avenue or alley, proposed to be opened, widene<l or * '**'^ *•
altered, shall petition therefor, the city council may op*»n,
wi(l»'u or altt-r such street, lane, avenue or alley, upon
condition, to be prescribed by or<linance; but no compen-
sation in such ease shall be made to those whose pr<iperty
shall be taken for the opening, widening or altering such
street, avenue or alley, nor shall there be any assess-

1857. i^SS

inent of henrfi*« or (iHinagt'S that may Ht'oruc (licrel)}* to
any ul tlie pt'iuioner".
umMfc. h^c^t- ^ ^- All j«»ror< ♦•mpnuelled ti) inquire into tl»e amount
••' of bt-iiffiis or tlnmHijes wliioli sIihII iiM|)|)en to tlif owners

ol jir.»p»'rlv i»ropo'5»'il ti> be takfii lor oprnini», widsMiing
or al'» riiii» :uiy str»'»*t, lane or all« y, sIihII first he sworn to
thtit r tfeit. unci shall return to the mayor their in(]uest, in
writing, and sij^nt'd hy eueh juror.

^ -4. In ao-ceitainiitk; tlit* anu)unt of ciunpensation for
prop, rty 'aken for >)|)ruini» an»J wiilenintj or altering any
Slff-ft, lane, avenne or alh-y, the jury shall take into eon*
siileratitin the henelit }!•< wt-ll as th»' injury happening; by
sueh i>j»rniiii», wideniMi» «>r altenni;; siii'li street, lane or
avenue, or alley.

§ n. The mayor shall have ])OWpr, for good cause
ahuwii, within ten days iiftnr any intpiest shall l»av« been
retuttic-d tn him as aforesaid, to set the same aside and
raiHt' a n»'W inijuest to he made.

^ 6. The city couneil shall have power, hy or linanre,
to I. V) and collect a special tax on the holder.^ of the lots
in any STeet, June, avenue or alley, or part of any lane,
avHUUt- or alley, according to their respective fronts, owned
by them, f.»r the puipitse of paving and grading <»r plank-
ing 'h-i sidewalks and iigliliug said ■street, luie, avenue or
nlie\; wnich tax may be collected in the sumc manner as
other city taxes; or the .sail city council may, hy ordi-
nance, provide for the collection and may enforce the pay-
ment <»f the same in anv manner, not rejuiguant to the
cuu:ititutiun and laws ot the United States or of this state.

Articlk \l\\.~ Miscclfanrous Proiisiuus.

^ L The inhahitauls of the city of Sterling are hereby
exempted (rom wot king on any road beyond the limits of
the ri!y, and from p.i\ing any tax to procure lah'>ieig to
work <>n the f4me: Prurtdnf^ that the city couneil may
caii«e oiie-lourih of the l.ioor (ax to he laid out on roads
leading into saiii city, nod may expend a jiortion of the rity
lax upon the tRine, not to exceed one-fourth of the ainotint
tDnunily ai^evsed.

^ li. The rity oounril .«hall have power, ff)r the pur-
pose of keeping the street*, lanes, avenues Mini alleys in
repair, to fMj'iire every m.ih' inhaldtant of F.iid eity, over
tVfnty one year* of age, to labor on said streets, laneN,
av'huet and alleys, not ex<:ee(ling four days in each atid
every )e<>; and any perx'ui failin-^ to perform hucIi labor,
wh'.'n duly notified by the Mlreet comniiNHJoner or thofe
anting under him, 'hrth f<irfeii and p(»> the Hum (d suveniy-
five ccnta for every day to neglected or refuKed.

Va»%tM*f rM4i

089 1857.

§ 3. Tiic city coiinoil shall have power to provide for r.^i..iii... a^^
the pnnislitiieiit or otit-iulers, b\ iiii|ii isonmt-iit in the c unity
jail, ill all cases whtTe such otl't iiders sh;i!l tdi or ft fuse to
pay the fiiits and torlf itiirt'S which iii«y be recovered
a6[ain.st them: and when there is no j.iil in said ci<unt} of
Wi.itesi ie,or when tl>e said count) jtii "hail be insutiicieut
and unsafe, then in the nearest jiil i»l some other c«inijty»
in this state; and it is hereby na-ide the doty of ihe sh»iiti'
or keeper ot" the jail of said county to receive sucli person
or persons, so committed, as uioresaid, and him, li^r or
them safely keep.

5 1. The city council sliall cause to be published, Annu«i ium-

II 111 I !• 1 1 menu.

annually, a tuil and complete statement ot hli iiiuneys
received and expended by the city council during tie pre-
ceding year, and on what account received and (:X|>ended.

^ 6. All suits, actions auu prosec.itions instituted, coin- suii*»(Uw.
meiiced or biou^ht by the c(>rporation hereby created)
shall be instituted, commenced and prosecuted in the name
of the "Citjof Sterl ng."

5$ li. Aitpeais shall be allowed from decisions, in all Appean.
cases, aiisiiii^ under the provisions of this act or any ordi-
nance ])as:!ed 111 pursuance thereof, to the circuit couit of
Whiteside county; and every such appeal shdli be taken
and (vrantrd in ttie ^ame manner and with like effect as
appeals are taken fj oin and ur duted by justices of the peace
to the circuit court, under tlie laws of this state.

§ 7. Wliene th<- mayor siiall absent himself from the
city, or shall resign, or die, oi his office shall otherwise be
vacated, the. board of aldermen shall immediately proceed
to elect one of their nomber president, who shall be mayor,
pro fem.^ until the otiice shall be filled by election, as iierein
provided.

§ 8 The police justice elected in pursuance of the poUr? jo.ii.*.
provisions of this actilii;Ii be commissioned by the Kov».r-
nor as a justice of the pea^-e for said city, and a«8uuii bfiall
have power and authority to administer oath:, issue writs
and processes, to take deposition-', acknowled^iitents of
deeds, mortgages diid otiier iiistiuments of wniing. lie
shall have juiisdicliuu in all cases arising und»r ordinance."
of the city, and concurrmt jiiris'^ictiou witii all other jus-
tices of the peace in all livil and crimii.al cases within the
county of Whiteside, arising under the laws ot this state,
and shall receive the sume tees and compensation for his
services as other justices of the peace of tiie county.

^ '.). The city marsiiiii and constabl'^s, within the city €i'.Tmkr«>>aikB«
of Sterling, «hali be authorized and hui»i power to exe- *"'•'•''''•
cute, anywhere withi.-i tiie couuty of Whiicjide, all pro-
cesses issued l>y tlie said police justice of said city oi other
magistrates within said ciiy; and tlij 5aid muslial .^liall
have power to do all acts that the constables may do, and

frntfixir**

shall recei*e such f^es as are alloweO to runstHbles in
siiniUir cases; ami shall ^ivo boutl as ronstaliKs are
requimi by law to giv»-; uliicli bond sball be riled in ibe
o&ce of t'»o county elf rk.

^ 1<>. All lU'lions broni;lit to reci-vt-r any jttMi.ilty or
forleiture un(l«'r ttiii* act, or any ordinance, l>ylaw or
]>ol(ot) rej^ulations made in iiursuance thereof, sliall be
brougbt in the corporate name ol ilie said cit); in i it
shall be lawful to deidare t^euerally in debt for mioIi pen-
alty, fine or forfeiture, statinw tie elanse of thi< act,
by-law, ordinanre or polii-e iti»MlaMon under wliicli the
penalty or fori* iture is claimed, and to gi\ e the special
matter in evidence under it.

^11. In all proceedini^s for any violations of any
ordinance, by-law o"' other regnlntion, the fi.st process
shall b>- by siiininons, unless o:itli or atfinnatioi be made
for a warrant, as in otiier cases.
i«»^u « u ^ ]2. Execution may issue iinm"(liatt ly on rendition

imvt, 9^f*.

of judi^intnt, and if the defendant have tio t^oods or
chatties or real estate within the county »»f VVnittside,
whereof the jml^nient may be collected, the olficers
rendering such judi^nient may require th' defendant to be
conrined in the county jail for a term not ♦•xceeilinf^ six
months; and all persons who may be c«)ntuiilted under
this Section sball be confined for one day for each one
dtdUr for judgment and cost

^ l-i. Tiie city marshal atui pucIi other (»tficers of said
city as m''y be authorized by any oniinanee shill have
power to arrest or cause to be arrr«.letl, with or without
jiroi:e4S, all person;* who shall break the pence or threaten
to break the peace or be found violating any ordmance of
the city, commit for examination, and, if n< cessary, to
detain fnicli persori in custody over night or the Sahbatli,
or until be can be hraught belore a iiMui-<traie; and shall
have and exercise fuoli «)ll.er p«jw»-rs, as cmiservators of
the peace, ai the city may presriihi.
i'.*<r«b- ^ 14. 1 he affidatit of the printer or |>uMisher of any
" "" newspaper in which any ordinance, as rrq lired by this
■ Ct, taken before any officer au'hon/ed to a liiiinisler
oath and filed with the city r)*ik, shall he coiiclnsixe
evidence of the le^al puhlicutioti of such ordinance in all
court* and places.
^i ,. § I't. Tlic city council shall have power to direct and
coiitrol the layitig and constructing of r'lilroad tracks,
bridges, turn-outs and swit.hes io the «lr«'ets and alleys,
and the loritiin of depit grounri> within the city; to
require that railroad tracks, bnd«^ps, turn-outs and
swiicheff, shall be fo con.itructetl anil laid an \o interfere
at little a< possible with ordinary travel and uwe of the
•IreeU and alleys, and that sulhcient space shall be left

•r •*«!•

Vf.

991 1807.

on «itlier side of sai<l track for the safe and convenient
passHt;e (»f t«-;Mns iiii'l |H'rson><; to r»'(jiiire railroad corn-
punit's tr) keep in ri-pair the streets through whiih the
tiacks intiy run, and tu ronstnict and keep in repair
8uita*»le erossiiipjs at the intf rJeotinns of streets, alleys
and flitches, sewer."«, culverts, when the city coiin(*il shall
deem necfss,<ry; to direct and prohi'.it the use and re^Ml^
late tlie .'•peed of locuuiotive enrines within the city. The T^ttt inr tewa-

',,,11 . ' 1 L 1- •''■P U«r»M

City j'ouncil sIihII have power to provide, by ordinance, naiii«<i.
that all trtx»s le\ ied, assessed and collected under and by
virtue of the prnvisiuns of this act shjill be assessed and
collected hy the «Hine assessor and cidlector whose duty it
ghall he by gener.il law to assess and colle^'t the state ;ind
COinty t^x ti r townslip twt iity one north, of r.mg*.' seven
east, nurth of Rock tix'er, in said Whifeside county. If
said ciiy council shall wish to have said city taxes so
assessed and collected it shall be their duty to inform the
cit rk ui the county court, on or before the first day of
September, of each )ear, of the rate per cent, t f the
taxation levied by tlum for city pnrpos'S for said >ear;
and it shall thereupon be the duty of said county clejk to
carry out ea<'b and extend said t;ix upon the books of the
coll' etor ill the same manner tlii<t he is now required by Is w
to carry out and extmd t!ie (;i«*trict school tax af»ainst the
name of eacti taxpayer, whether resifleiit or nonresident,
owning property in said city; aiid said city tax shall he
collectetl in every res, ect, and the collection thereof
enforced in like manner and with like remedies as the
state and county tax, and shall be paid over by the col-
lector U) the treasurer ol said city at the sime time that
the county revenue is required to be paid over to the
coun'y. Any couri which shall render judgment in said
W'.iteside county against lands and lots in said city for
nonpayment of taxes due the state an<l county shall, at
the same lime, include in the same judgment any and all
taxes which may be <1ue said city on any such property.
For his servi -es in carr}ing out, adding and extending coiipcura r«<w.
said tax in the books of the collector, said count} clerk
ah ill receive i)ne-half cmt for each lot or trr.ct and one-
half cent on each person's name asses^vd for personal
property, to be paid out of said city t^x, when collected.
The collerto*- shall rfcti^e the same comp»-nsiit ion which
may be allowed by law for the collection of state and '■

county faxes and phall he liable on his otfirid bond for
the jiajment of all such city tax bv him collecteii — the
fees of the collector to lie paid out of the taxes when
collec'ed.

Tins act is hereby declared to be a jmblic act, and may
be read in evidence in all courts ol law or equity, with-
out proof.

1857. ?9'2

TKis a^-t to take effect and be in force from and after
ArpROVi:D Feb. U>, 18^7.

<»M«<.

M» l«, laST. AN ACT to ncorporate t)i« New Milir<<til Comrtrry AssociHiion.

Section 1. Be it oiacttd hi/ the people of the stute of
Jl/inuix, rt'prescnteii in i.'ie Geuernl ^issemhly. That VVil-
IiHiu H. Wlit-eler, lloracr Miller, Wjilimn C. Grant, F. H.
MdxwtU, Ci. orge W. M IUt and Ahi I Beard, ami their
a«<ociatfs, ill llie town ol New Milllord, in the county of
Wiiineb.«i;o, be and thry are lirre y cre.ttt'd a body i-orpo-
•« •. rate :iiid |>ulitio, by the name andst>le o! *'Tlie New xMdl-

ford Cem« li I y Assoiiatiou/' and by iha« nam'- to have per-
petual fiiiect^sion; and shall have and possess, unci be
invested with all the powers, rii^hts, privileges and immu-
nities incident to a «'i>rporate bndy.

§ '1. TnH oljpcl ol saiti association si'allbe exclusively
aiid iv\*. ly to lay out, inrloso and ornain« nt u plat or [ iece
01 ground, n(«i exceeding; tive acre?, in taid town of New
Mnlford, as a burial place for the dead.
M § ?>. Sdid «>sociatior. siiall have power to acquire, by
donation or pui •.-base, lanr.s, in all not exceeding five acres,
in said town ot New Mill.'ord, and to own aiul jiosse.ss the
same, lor the oi-jects atoreshiil, wbich KJiall be exempt from
taxution andsti/ure upon execulion or uttathment.

§ 4. Ttie oihoers of 8aiJ a>sociati»n shall be a board of
five trustees and such other olHcer.i as by this act may be
auOiori/.ed, ench of whom shall be the owner of one or more
loll irt the c«in» tery of said w.'Socialion. Said tiiistee;?, or
ft majority ol lh<m, shall in a.! ca-ies, constitute u board tor
tli« tritnttdctiori of all liu-^ine^^s and the management ai all
bufinuss of ^anl associati>>n, and shall be chosen, l)y ballut|
on the fimt M i.iday in April next, and biennially ihereaf-
trr, arid shall h dd theii' offices until th« ir successoi.s ura
elected. Any fMgJuct to choose officers (Mi the da_, iixtdby
tliif act shall u A \york a torteiture of the franchise lu: re by
grant* d.

\ •>. Said board of tru<itccs sltall choose, from their
own number, a president and treasurer, and shall appoint,
ffir the mcmberi of said association, a ^ccretiiry, t>exton
•nd lucli other otBe^rs as the inteicHts of said r.ssociaiioQ
•tail rf(\\i\r-f and Ihn u<s*oeiation may retjiiire of the l>eu8-
urtr ft bond for t)i« laitlnsil (ii"chnrgc of lis ('utics.

^ 0. Slid aflsoci4ti<)n .'vIihII hive power to lay out ^ lid
IftiMJ into lolf of f uit..'ble si/c tor family burial uparlments,

993 1857.

and sell and convey tlie same, by certificate of purchase,
sigiitd by tlie president and couiitersi^iwd by the secre-
tary; and every certificate of purchase shall be recorded by
the secretary in a book to be kept by him for that purpose.

§ Y. The proceeds arising from the sale of said lots prooa».i«.
shall be paid into the treasury of said association, and
ap}>ropriated for the purposes thereof, a majority of t!ie
board of ti nstees shall from time to timt i, iiect.

§ 8. Every person owning one or i .oi • lots in said owneriof i*i«.
cemetery shall be a member of said assu- ion and enti-
tled to one vote only at any election of officers thereof. —
Absent members may vole by proxy.

§ 9. It shall be the duty of the secretary, on order of scorctarr.
the president or two of the trustees or any five members,
to call a meeting of the members of said association, for
the choice of otiicors, if not elected at the biennidl elec-
tion, or to fill vacancies or to transact any other business
authorized by this act, giving five days' public notice
thereof.

§ 10. The said corporation shall have power to estab-
lish and change by-laws, and prescribe ruh.s and regula-
tions foi the government of said association and the direc-
tion of its officers, and prescribe their duties, and fix upon
the compensation of the sexton, and shall have power to
raise, upon assessment upon the owners of lots, from time
to time, such sum or sums, to inclose and keep in repair
the inclosure, fences or walls of the lands of said associa-
tion.

Approved Feb. 16, 1857.

AN" ACT to incorporate the Pporia, Monticello and Paris Railroad rck. i6, 1M7.

Company.

Section 1. Be it enacted hy the people of tlie state of
lUinnis, represented in tlie (ieneral Jissemhty^ That
CtMrles W Harris, William H. Puttf, Ezra Mon^rnss, J<.hn
Hughes, Joiin Mo^grove, John Piatt, James MrRp\nolc;s,
Rulus Califf, Milton iM Dill, O^ias B^ile , Robert I..>wis,
and their associates, suct'Ptsor>i and assign<», Se and they
are hereby constituted a b dy corporate and politic, onder
tiie name and ,tyle of «'Tlie Peoria, iMonticelln and Paris
Railroad Company," for the purpose of surveying, loca-
ting, constructing, completing, and operating' a radroad
from Peoria, in the county o{ Peoria, in the stnto of Illi- B«u«ir«««.
nois, and thence, tipon tli»* mo-st clipiS'e rouff, to tin- town
of Monticello, in the county of Pii»t, in said state; and
thence to Paris, in the county of Edgar, in the Ltate of
—Si

l^oT.

r«-». M, ivT.

994

Illinois, wlifnovcr the said persons or their assigns and
as«(>cidtiv-» shall orj»rtnizo in lull compliance with the pro-
visi^Mis of an aet eiititlt d "An act to provide lor a ji;i lural
system of railroad incorporations," approved Nov ith, A.
D. 1S40.

5 "J Said road, with the points herein indicated, is here-
by declared ofsutficient public utility to justil) the taking
of private property f»)rthe location, constructit)n and main-
tenance thereof; and the company is hereby authorized to
take private property for the purpose of constructing and
maintaining the same, in the manner prescribed in the act
roff rred tn a:» aforesaid.

^ o. This act shall be in force from and after its
passage.

Approved, Feb. 10, 1867.

A\ ACT to incorporat* the Evanstoii Seminary.

Section 1. Be it enacted hi/ the pniple of the statr <>f
Illinois^ represented in the Getierai »,'hsnnblij^ That F.
Henry Benson, Pfiilo Judson, John Evans, Harvey B.
Hind, Grant Goodrich, Nicholas P. Iglehart, Ja':ob W.
IjTidlum. Jrtmer V. /. Hlaney and Isaac N. Arntdd, and
such per-.on<» as are or may hereafter be associate*! with
them, and their successors, are hereby constituted a body

»*••• corporate, by the name of "Evanston Seminary," for the

purpose of e tablishing and maintaining a seminary of
liarning in Evanston, Cook county, Illinois, for either
males or f«'mal»*««, or both; wilii j»owi>r to sue and he sued;
to take and hold r«*al estate and other property, hy pur-
chase, gift, gran*, devise or otherwise; to lease, convey
and Hitpo^e of thn same for the etfecting and furthering of
the purposes aforesaid

fr***-. jS 2. The estate, property and I'inancial concerns of

said corporation shall be managed und transac'ted by a
board of nine trustees, to be eleitteil hy the stocldiohierH,
m hereinafter meniiotu-d, who shall uppoint llie teachers
and otfirrrM and manage the course of instrucli( n in said
ioJtitution, and determine the general manner of conduct-
ing aaid school.

\ 3. The person* named in the first section of this aot
shall constitute, the first board of trustees, and nhall b«
divided by lot into three classes. The fime of servi^-e of
the firat class sli*ll expire on tln^last Tuesday in June, A.
D. 1H.>7, nnd that of Ine second class in one year, >ind that
of the third class in two years thereafter.

995 1857.

§ 4. On the last Tuesday in June, 1857, and on the Anaoai«i«.uo«
same day in each year thereafter, tht-re shall be an elec-
tion ol three trustees, who shall hold tie ir office for three
years. All vacancies in the board of trustees then exist-
ing shall also be filled at such election. Such election
shall be by ballot, atid by a majority of the stockholders
present or represented.

§ 5. Said corporation may have a capital slock of o^piui nork.
•t ')0,<)00, divided into shares of "fioU, each; and subscrip-
tions to the same sli:ill become binding when •f>".i5,000 shall
be taken. Snid subscriptions to be i>aid in cash install-
ments of '2 ) j)er cent, per month after the subscription
becomes binding, and upon call of the trustees; or, wlien
ftve shares or more are taken by one persotj, they may be
paid in five [jayments — the first in cash, as above provided;
the remainder in one, two, thiee and four years, with
annual interest at six per cent., secured by note and trust
deed, or otherwise, to the satisfaction cf the trustees.
And any subscriber failing to pay any installment or install-
ments required shall, at the option of said trustees, forfeft
\ii-i claim to said stock and all |>ayments made thereon.
SaitI tru>«tees may incre ise the capital stock to •'f<lU(J,00(>,
if deemed by them necessary to carry out the purposes of
this corpor -ttion.

§ 0. Any person holding a certificate for one or more swi.ro4 •t t\—k.
shares of said capital stock shall be a member oJ this cor-
poration, and entitled to one vote for each share of stock
by him held, on which all installments required by said trus-
tees and the interest thereon shall have been paid. Each
stockholder sending a pupil to said institution shall be *
allowed a deduction of ten per cent., annually, from the
estdblished [)rices of tuition, of each term. Said stock-
holders shall be also entitled to such dividends on their
stock as the trustees may, from time to time, declare
thereon.

§ 7. The trustees shall choose their own officers, and #3ic»f«.
make their own by-laws, and may fill any vacancy in their
body, by appointment of qualified persons, until th? next
election.

§ S. The trustees, at each 4nnual eh^ction, shall make n.igirt^ri.
and submit a report to the sto kholders of the state of the
institution and its finances, with an inventory of its pro-
perty, and declare such dividends from the net proceeds
and jirofits of its receipts or business as the state of the
finances of said institution may warrant: PrivUvd^ that no
t\\c\\ dividend shall ever be declared or made when its
payment would embarrass the finances or efficiency of said
instiluUon.

§ 0. The pDperty of said corporation, both real end
personal, shall forever be and remain free trom taxation.

1?:>7. 006

S 10. TIlis act is hcrt'hy deelareil to bo n public act, >nd
fliall be in lorce t"ri>m ami alter its passage.
ArmovKD Feb. U5, 18fS7.

r « li, lar:.

AN ACT to incorporate the Farmers' liisiirance Company.

SECTION I. He li tuacU'tt hy the ptoplc of the state oj
lUinuiSy represented in the General *issr/nf>fj/. That Da-
vid H. SuiKirrlaiid, Joliii S. Kmm«'rt, Jol;ii Burifll, An-
drew P. Long, Oscar V. Muun, Cliailt^>< L. Currier, Lu-
cian A. Anmll, and all other prrsons wl.o shall hrreat'ter
becoiue members of the corporution hereby created, shall
be a body politic and corpoiate, by the name and stjle of

»..» the "Farmers' Insurance Company," for the purpose of

insurinfT farm buildings, dwelling houses, household fur-
niture, out buildings and otiur property against loss or
damage by fire; and by that nanu- may sue and be sued,
a]>pear, prosecute and defend in any court ol record or
other court or place whatsoever; and may have and use a
common seal and alter and renew the same at pleastire;

Had »:«!«. may purchase and hold such real and jtersonal estate as
may be nect.s'^ary to jllcct the ohjects ni their association,
and may sell and cor»vey the same at pleasure : Prcividvdf
such real estate shall not excet d one liundted and sixty
acres; may make, i stablish and put in ex* cution such by-
laws, ordmanct-s and residutntns, not beii.^ contrrtr) to the
laws of this state or of the United State<, as may be ne-
cessary or conv inicnt for thtir regnlaiion .uid government
and lur the man>i>;* ment ot tlu-ir Htinirs; .md do and exe-
cute all surh act;) and thing'^ as ma} he nenssary to carry
in'o effect the pr«i\ision«< oJ tins avt.

o.*- ^ J. The atft'irs oi this com)<uny shall be manngt d bj

a board of directors, to consist ot not luss than five nor
more than twent)-one utenibi-rs, 'is may he ii'gulatt^d by
the by-laws of s-nd com|).in), and >'ii(l director.-) shall ba
chosen, by ballot, Irom among the members of this compa-
ny, and a majority •! the whole board shall constitute a
quorum for the truniaciion of bu-^ini-ss.
aMi«.( J^ 'i* I'he peisoiH d nned in tlu- liist section of this act

are hereby cofMtitui- d a board ot «lir« tutors, to .serve as
such niitii the first annual election ot directors and until
others are choneu, which annual election shall he held on
the first 'i'uesday in April in each year. Such election
ihall b** h«-l<! at the oih( e of the company, at such hour of
the day as the directors shall fur ti<«! lune hrtng ap|>r)int,
notice uf wlich luail be |(tv«n in onu of ihu ncwiipaperf

1)97 l^-^'T.

printed in the coun^ of Stephenson, at least twenty days
immediately prec linpj such election ; and such election
shall he holden iider tlie inspection of three inemhers, tc
be appointed previous to every election hy the board of
directors, and such election shall be made by a plurality
of votes of the members present, or their proxiep, allow-
ing each member one vote for each policy by him, her or
thern held, aud in force in this comprtny; and the board of
director-^ are hereby authorized, at any of their meetinirs,
to provide a form for the appointment of proxies, and to
specify the evidence that may be required in the execu-
tion thereof. The board of directors shall hold their officei
for one year and until others are chosen; and vacancies
occJirring in the board may be filled at any of their
meetings.

§ 4. The board of directors shall elect a president, vice <^'«-'r* of ik
president, secretary and treasurer, who shall hold their re-
spective offices for one year and until others are chosen.
The board of directors may also appoint an executive com-
mittee fror»i among their own members, and such commit-
tee, when the board is not in session, may exercise all the
powers vested in this company, except where the company
has by its by-laws otherwise provided. The board of direc-
tors may appoint examiners, agents and such subordinate
officers as they may deem necessary, who shall hold their
offices during the pleasure of tlie board.

§ 5. If it shall at any lime happen that the election of
directors sliall not he held or made on a day when jtur-
suant to this act it ought to have been held or made, this
corporation shall not, for that cause, be deemed to be dis-
solved, bu* it shall be lawful on any other day to hold and
make an election of directors, notice of which shall be
given as herein prescribed.

5? 0. Tlie rates of insurance shall be fixed and regulated "^'J*^ "' '"•• '>
by the board of directors, and premium notes may be re-
ceived from the insured, which shall be paid at such time
or times and in such sum or sums as the directors shall,
from time to time, require for losses and expenses. The
directors may aho fix the amount that each party shall
pay at the time of insuring, and any party applying for in-
surance so electing, may pay a definite sum of money in
full for said insurance and in lieu of a premium note.

^ 7. The cash premiums received by this c«tmpany o«»h pr^m nai.
shall be applied in paj ment of losses and expenses, before
any assessment shall he made on the premium notes, and
the cash premiums, together with the premium notes, shall
constitute the capital stock of this company.

§ 8. If it should ever so happen that the whole stock i..»»m ana c«-
and contributions of this company be insufficient to pay **""**•
and satisfy the all losses and expenses, in such case a just

1^6T. 098

•veraqe shall be inaJe, and the payi *^nt to be (!»>mnndod
by \ irtiie of any policy, sliall he a divi muI of siioli stock
and contributions in proportion to th»' «nu -nt vl loss* s and
expenses. Sliould there be itn excess ol fum. ? tlie directors
fball have power to declare a dividend.

^ \^. The members of this companj shall be and hereby
are bound ami obliged to pay their projiortion of till l(>sses
and expenses h.4p[)ening and aci-ruins; during the time for
which their policies Were issiieti, to the anu>uiit of their
prt mi>'m notes ami cash premiums, and no more ; and the
9aid company shall have a lien on all buildings insured)
including the rigiit, title and interest of the instired to the
lands as against the insured, on which said buildings are
situated, for the payment of «»i<l premium note>.

A»»«.aiti*a<. ^ in. Applications for insurance sliall stntt- all the ma-

terial facts and circumstances atfecting the risk ; and the
statements made in the application shall be binding \ipon
the insured and a warranty on his, her or their part.

§ 11. It shall be lawful for this cmpany to reinsure
any risk or any part of any risk on which they have made
insurance.

i«M<M«. J; VJ. The operation;^ and btisiness of this company

sJ'all be carried on and conducted at such place, in the
city of Kreeport, county ot Stephenson, and state of Illi-
nois, as the directors may choose, end any other place, by
agenc) ; hut no policy shall be issued l)y said comj)any
until applications are received for at least foity thousand
dollars.

»••-•(■:<* ^ i:i. Whenever any assessment is made on any pre-

mium note given to this comjuuiy for any risk taki-n by
this company or as con<i<leration for any |)oIicy issued or
to be issued by this company and an action is brought lor
the recovery of such assi-ssun nt, the c«rtificate of the
iecretary of said company, under the seal thereof, speci-
fying such assessment and the amount due sai'l company,
on such note or notes sliall betaken and received as prima
facir evidence thereof irt all courts nnd places whatsoever.

>*> *«•■ '• ►•» ;.' 14. In ca<;e any memhfr ol this coinpanj sh;ill neglect
or refuse to | ay hi*, her or lln'ir assessment, as levied by
the directors, for ihe space of thirty days after notice
thereof, his, h<*r or iheir policy shall become void and of
no eff"»-ct.

/ !.*>. .Suits at law may hi* maintaijied by this company
agninst any of iti memhers, and suits' may also be mi-in-
tained by any m'inber against this eompari) ; and in any
suit against this compan) any member shall he admitted
M • compftent witn«-)is for and in behalf of this company.

»»^y ••'••. ^ \\\ f{ ,|,g)| hi- lawfiil for the secretary of this com-
pany to appoint a deputy, whose authority shall be spuci-

999 1857.

fied in his appointment and approved by tlie board of di-
rectors.

J^ 17. The board of directors may invest and employ csc of the foB4«
the funds of this rompaii) in surh way and manner as they
may jndge that the intensts and welfare of the company
require ; but nothing contained in this act shall be so con-
strued as to autfiorize said company to perform any bank-
ing privilege or to issue any certificate <A' depoijit to cir-
culate as money or ciirrency.

sj 1^. This act shall be deemed a public act, and be
liberally construed for the purpo.^es th«,*rein contained, and
take effect from and after its passage, and continue fifty
years.

Approved Feb. 16, 1867.

AN ACT to clianpe the name of the Mo)li>c and Rock River Plank and Feb. I6. isar.
Macadamized Road and Britlge Company.

Section 1. Be it enacted hxj the people oj the state oj
llliiiuis, represented in the General »issiinhl;j. That the
name of the Moline and Rock River Piank and Macada-
mized Road jukI Bridge Company be changed to "The
Moline Bridge Conijjany:" Provided, that no rights, of
any kind whatever, shall be lost or jeopardized by such
change.

jj •!. This act to take effect from atid after its passage.

Approved Feb. IC, 18.37.

AN ACT to incorporate the Vermilion Coal Mining Company. '•*• >*» 'Wi.

Section 1. Be it enacted by the people of the state of
Illinuia, represented in the Genera/ ^'7ssem>>/i/y That Oiville
N. Adams, James C. Brown, David Evans and James
Strain, their associates, successors and assigns, be and
they are hereby constituted a body corporate and politic,
by t'le name and style of "The V'-rmilion Coal Mining siru.
Company," for the term of one huiidrt- d years; with power
to contract and bi^ contracted with, sue and be sued, in
that name, in all courts and places; to have a common
seal ; to engage in the mining of coal, iron, salt, and other
minerals, and in the manufacture of and sale of salt, iron,
lime, and other mineral products of lands now owned or
hereafter to be owned by them, and in the transportation

l$iu. lOOO

of tlie f:\me or any of thrin to l»oin«^ or foroign markets*
•nd to have «1I powers neecllul tor the siu'ce.^sful prosecu-
tion of their business, and for the execution of the powers
therein granted.

•r ««. J: '1. That Orville N. Adams shall h.ive power to or-

ganize said comj^any, by the appointment of a prt sident
and such other officers and managers as they n)ay dt em
necessary, at sucl time and j)lace as they n»ay designate,
by notice previously given ; and when thus organized
they and their successors shall have power to make such
by-laws, rules and regulations as they may deem neces-
sary, fr im time to time, for the government and manage-
ment of the said com|)any, not inconsistent with the con-
stitution and laws of this state or ot the United States.

••f4s«i •iM*. >i •^- The capital stock of the said company shall be four

liundred thousand dollars, with power to incr« ase the same
to any sum not exceeding one million of dollars.

?: I. Tlie president and other officers or managers of
said company shall issue certifuates of stock to the hold-
ers thereof; which certifieates shall be assignable or
transferable only in such manner and at such place as
the president and other officers of said company shall by
their by laws prescribe.

bmm m Iter ^ F). The said company may buy, build and own boats,
'^'*"' for carrying on their busitiess, i.;id may dispf)se of their

property, or anv portion of it, b) sale or otherwise. They
may receive real estate on '"a}mont of such part of the
snbscription a"? they may deem advisable, and shall have
the right to hold, either by jmrchase or others ise, such
real estate, mining rights » nd rights of wuy, as may be
necessary for the sticce'isful prosecution of their business,
and the same, or any part thereof, to sell or otherwise
dispose of, at the interest of the company may require.

r«*«ri« i«f v« jj 6 That it shall be lawful for the president and man-
•ger^ of the said company, from time to time and at all
time«., to borr-'w or obtHin on loans stich eiims of money,
•nd on sueh ti rm«t as thev nia) deem e)ipe<!iejit, for the
iMe of said coinpHiiy, and to ph dgt- or mortgage all or any
part of the estates, improvements, privileges, eflVcts and
aoiets whatsoi vi r of the said compatiy, for the repayment
of •••id Kums of money, and at sue h times as may be agreed
upon.

;' 7. That this act shall not be so construed as to in-
fringe or interfere with any of tin- rights or privili ges of
any other incorporated coal mining ertrnpany in this state.
\ H. That this act shall take eflfect and be in force
from and after its j.Hssage.
ArraovED Ftb. l«i, lHf)7.

1001 18r>7.

AN ACT to Incorporate the J)\\ Pac rounty Mutual Insurance Com- 'cb. ic, im7.
I)any, of Wheatoii.

Section 1. Be it enactrd by the "people of the state of
Jllwois, repreaentett in the iien^ralJisaemhhj. That LMiian
E. D. Wolf, Avery CliHfiwiclc, Henry C. CliiUls, Frederick
Mather, Jonathan G. Valleite, Warren L. Wheaton and
their associates, and all others wh<» may hereafter associate
with them, in the manner herein provided, and their suc-
cessors and assigns, be and they are Iiereby created and g ,^
made a body politic and corporate, by th« name of "The
Wheaton Mutual Security Ins\irance Company ;" and by
that name, style and title shall be and herebj are empow-
ered to purchase, receive and hold, possess and erijoy,
to themselves and their successors, lands, tenements, here-
ditaments, goods, chattels and effects, of every kind and
nature, as may be necessary or convenient for the business
of said incorjioration, and the same to grant, alien, sell
and dispose of; to sue and be sued, plead and be im]>leaded)
in all courts of justice ; also, to have a!>d use a common
seal, and the same to change at pleasure ; also, to ordain
and put into execution such by-laws and regulations as
they may deem proper for tiie well ordering of said corpo-
ration and its offieers : Provided^ they be not repugnant to
the laws of the United States or of this state or to the pro-
visions of this act of incorporation. J

jj li. The capital stock of said corporation sliall not be
less than fifty thousand dollar<», and mav, at the pleasure
of said corporation, be increased to any further sum, not
exceeding three hundred thousand dollars, and shall be
divided into shares of fifty dollars each ; and on the said
capital stock of fifty thousand dollars, in j art of said stock,
shall be paid into the treasury of said corporation, by each
subscriber, at the time of subscription, an installment of
five dollars on each share of stock by him subscribed ; and
the remainder of said stock .shall, within ninety days from
said subscription, be secured to be paid by mortgages on
real estate or secured promissory notes, approved by the
president and directors of said corporation, and sliall be
payable sixty day« after a demand shall be made in some
newspaper published in the city of Chicago; and the
sureties on such notes shall have a lien on tlie slock for
which sue 1 note or notes are given, or the same may be
made payable in regular installments, at stated periods, at
the discretion of the president and directors as aforesaid.

.:i ;5. The stock and affairs of said corporation shall be ^'/""Tc"' Cl
managed and conducted by any number of directors, not '•"•«'«'••
more than twenty-five nor less than nine, to be chosen, by
ballot, from among and by the stockholders ; which di-
rectors shall h'>ld their office at pleasure, for one year, and
until others are chosen to supply their places ; and the

1857. 10O2

■* •( U«
ird.

«Mr«i

rt^m%,

rSMkt M«K«

annual .neetint;!* for the choice of said directors shall, after
thf first eU'Ction, S»> lioldfn in thr \illam.> of W loaton, on
th«' first Monday oJ July or siir-h oih«r day in tlie mouth of
July as shall ho appointed by said htiarti of" dii«'otors ; hut
• l^ilnre to elect directors at the day H|t|it)inted sh;ill not
wurl; a forfeiture of the charter, and in caseof suih Jaihire
the t lection may be held at any other day appointed by
the president or secretary of said company, or any two
dir»'etors thereof, thirty clans' notice of such eleetion being
given by publication, as aforesaid, or by written notice
haiiiled or mailed to the several stockholders.

5; 4 The said directors shall choose out of their nu'.rber
a president and also i\ vice president of their corporation;
and in case of the aljsence of either from business may, so
often as necessity sliall re(]uire, elect fioni amon^ them-
selves a president and vice president, for the time beinj]; ;
and in case any vacancy shall occur in said direction said
directors may elect a director or directors, from among
the stockholders, to fill such vacancy, who shall hold his
or their place ; ai d said directors shall have ]>ower to
appoint, for the time beini^, such officers, secretaries,
agf nts and servants as they shall jud^e necessary, and with
•uch salaries and allowances as they may think ])roper ;
and shaM be capable of performinp; such other acts and
exercising such other powers as shall be by them deemed
for the best interests of the <'ompany.

§ '). The directors shall determine what number of
their own body shall constitute a (juorum for the tiarisac-
tiou of business, and when such quorum is iornied, if the
president is not present, the vice president shall preside,
or in 'he absence of both the directors shall appoint a
president, pro trui/ji/rr.

;4 ti. Stockholders, votinij at any election, shall he al-
lowed one vote for every share of stock they may then
hold, and shall be entitled to vote in person, or liy proxy
duly a)>pointed ; and none but stockholdera shall be eligi«
ble un directors.

'^ 7. Pu ijic notice, by order of the directors, shall he
given at leait one week previous to any mtM-tin^ of the
stoi-kholderi, in a ne\v><pa|ifr |)riiited in the county of
Dii I**ge, and in such other way as they may deem cxj»e-
dirnt.

;! H. The capital stock of said corporation shall be
transferable, accordinj^ to the rules and rejrulations pre-
fcribed by the directors ; and evt-ry sul)S(rriher of any
sh«re or nharei in >aid stock, wi o shall ne^^lect to pay the
infallment aforesaid, or secure the re.Mitiuc of the said
• hare or shares aforesaid, shall forfeit to the said corpora-
tion each iloire or shares and all payments made thereon
aod all profitf that may have arisen thereon.

1003 18.^7.

§ 1). The said corporation shall have full power and m-orMct ptIt.
authority to insure all kinds of property, of whatevj^r kind
or nature soever, agriinst loss or <);.mat;e by fire; also, to
lend money, on nit»rif>ape or oti < rvise, at Ftich rates of
interest as are now authorized by law, and, also, when the
annuity fund is created, as hereinafter provided for, to
make insurance U|)()n life or live", and also to grant annu-
itit s for iitt* or lives, or for a term dependent upon life or
livrs, and also to do ami perform all neressaTy mathrsand
thiuf^s connected with these objects or any of them, and
may eiiuse themselves to be reinsured upon any risk or
insurai ce which they may have assumed or taktn in the
process of their business.

J? 10. All policies of insurance or other contracts au- ^'''" •••
thorized by this act, which shall be made and entered into
by said cor()oration, may be either under or without the
bchI thereof, and shall be subscribed by the president or
iuch other officers as shall be designated for the purpose
by the by laws of said corporation, and attested oy the
secretary ; and being so signed, executed, find attested to,
shall be binding and obligatory tipon said corporation, ac-
cording to the true intent ^nd meaning of such policies
and contracts; and all such policies and contracts maybe
80 made, signed, executed and attested to, without the
presence of a board of directors, by the president and vice
president, or either of tliem, or by a committee of direc-
tors previously appointed for that purpose by the board of
directors, or such other person as they may appoint ; and
the acts of such president or vice president, or either of
them, or of such committee or person a])pointed, shall be
binding and obliga'nry upon said corporation.

^11. Lyman E. D. Wolf, Avery C adwick, Henry C. suk«er jptiM .

Child«, Jonathan G Valktte, Frederick Mather, and

Curtiss ar' hereby appointed commissioners to receive
subscriptions, who may open the books of subscription for
the capital stock of said corpora'ion whenever and where-
ever they may deem most conducive to the interest of said
corporation, givii.g as much notoriety to the same as in
their judgment shall be necessary ; and in case of the
resignation or absence of any of the commissioners named
in this act of incorporation it shall and may be lawiul for
the remainder of them to proceed to business, whose duties
shall be the same in the premises as that prescribed to the
whole of said commissioners; and such acts shall be legal;
and as soon as the said sum of fil"tv flmrsand dollars shall
have been subscribed the first board of directors shall be
chosen, under the inspection of said commissioners.

jj 12. Before the said corporation shall commence
bu-'iness or assume any risks, in pursuance of this act, the
amount of fifty thousand dollars of the capital stock shall

1«->T

1004

!•«•

ia«: rep>rt.

#.i» W tii«.

be fubscribe^il for, and tlie installment aforesaiil sliall liave
been paid and the ii'mainder of said stork secured to be
paid, a^reea* ly to llie provisions aforesaiil*.

jj 13. The cajutal stoek of said corporation shall be
invested at the dis-retion ot' the directors, either in loans
up'">ii bonds or inorttjages or unincunihered real estate of
the value ot' at least one- third more than the amount loaned
thereon, or in United States or state stocks, or stocks cre-
ated by anv state of the United Statt'S, or stocks of incor-
porate companies, or may he loaneil upon promissory notes
or bills of exchani^e, or otherwise, not having more than
twelve months to i un, and the same may be called in and
reloaned on the like security^ as occasion may require ;
and the dividends of the prt»fits or interest accruing from
such investments may be raacle semiannually to the stock-
holdiTS ; hut such capital and the interest not divided shall
be liable f'>r all losst s and expenses incurred by the cor-
poration, after the application of all other means of the
company.

§ 14. The officers of the company, at the expiration of
one year from the time that the first policy shall have been
issui-d and beardrite antl svitliin one mcnith thereafter, and
wilhin the first month of every suhsecjut'nf year, shall cause
an estimate to be made of the profits of the business, and
a true statement of the affairs of said company, as far as
may be, for the preceding year, and so on, for each suc-
cessive year; and such })rofit~ shall be invested in the
same mtnner as is prescribed for the investment ol the
cai)ital stock ; and no part of such profits shall ever be
witlidrawn from said company, exce|>t as lu'reinafter pro-
vided for, but shall at all times be liable for all losses and
expenses incurred by this company in the course of its
bu-iness; but the interest accruing on such investments
may be divided annualy, it being the true intent and
meaning of thin act that shotild the capital stock or interest
not divided tlx-reon be at any time assessed to meet any
demands agaiiHt said corporation, such amount, witli the
int«9re<)t, nhall be made good to the stockholders before
estimating nr investing tlw profits of business.

§ I't. Any person or firm ellVcting insurance in this
corporation and ev< ry stockholder shall be entith-d to a
credit in the book-* of said company of his, her or their
proportion of said invested profits, slifjwing, //r(j ra/Hy ac-
cording to the amount of premiums paid or amount of stock
h«Id hy him, her or tliem, respectiv«-ly, and to a c»rtincAte
therer)f; «iu(h certificate to contain a |»roviso that the
• mount of profit* named therein is liable tor any future
loii or lost*** by said company ; hut no certificates hIihIi
b*- isaued for the fractional parts of sums between even
tens of dollars, nor for any sums less than ten dollars, but

1005 1857.

all such fractional sums and sum<»- less tlian ten dollars
may be passed to the coutin^i-nt account of the company
Hud applied to the expenses and other charges of said cor-
poration.

§ IG. Whenever the accumulated net i)rofit8 shall ex- i>ivid»Dd«.
ceed one hundred thousand dollars the excess may be di-
vided, from year to year thereafter, among the holders of
each year's ttrtificates, successively, in whole or in part;
but nothing shall be paid on the certificates of a subse-
quent year until the par value of all those of preceding
years are provided for; or the board of directors of said
company may, at their discretion, uj)propriate and set
apart th« sum of one hundred thotisand dollars, part of the
said accumulated profits, and incrtase the capital stock of
said corporation that amount ; which sum shall form and
constitute the annuity fund created by tliis act, and shall
be invested in real estate, by loans upon bonds secured by
mortgages on real estate of the value of at least fifty per
cent, more than the sum loaned thereon, and in no other
way whatever; to be exclusively held and pledged as a
fund for the payment of annuities which s.'iall be granted
by said company, and of losses upon insurance for a life or
lives or in any way dependent upon life or lives, and shall,
in no case, be liable for the other debts, contracts, liabil-
ities and enjoyments of the said' company ; that the said
fund shall be denominated the ''annuity fund," and all in-
vestments of the said capital of one hundred thousand dol-
Ur^, and all accumulatitnis in respect thereto or arising
fronj the income thereof, or from insurance upon lile or
lives, or from (he granting annuities, and all expenses, pay-
ments ai' J losses, in respect to such insurance upon life or
lives or dependent thereon, and the granting of sucn an-
nuities, ^htiW be kept in separate and distinct account ;
and such fund and accumulation thereof shall alone be
liable t > pay, bear and satisfy all losses, expenses, pay-
ments and (•lidrge", in respect to insurance on life or lives
or in any manner dep> ndeiit upon life or lives, annuities
which shall be granted by said company.

§ 17. Suits at law or in equity may be prosecuted and Soiutt i.w.
maintained by any per^Jon or pnrsuns holding a certificate
against said corporation : and no person holding a certifi-
cate of the corporation, n">t being in his individual capacity
a party to the suit shall, by reason thereof, bo incompe-
tent as a witness in suits in which such corporation is in-
terested.

5 18. This corporation uidv conduct its insurance i«o4»«f o»i.dL«i
business, in part or entirely- upt;j ti»e principle oi mutual
insurance, if performed by tt« sluckh' Idirs or dir« itors :
Provided^ aluays^ that all iisks are assessed at their cash

185.. 1006

value of hazards ; and the premiums shall b> paid in cash,
or its e(juivalt lit, when the policy is issued.

§ VJ. Noihing in this act contained shall be so con-
strued «s to aiit lorize said company to enj^age in the
busiuess of bankuig, and the issuinii; by said company of
any instrument in writini^, designed or intended to be
used as a eirculatiML; mt-dium as and in lieu of money,
sliall cause a torfeittire of this charter.

^ i!u. I'liis act shall be deemed a public act, of which
all courts and magistrates shall otiicia.ly take notice, and
shall take t-U'ect Irt»ir. and after its passage.

Approved Feb. 10, 1857.

f«fc. I«, 1367. AN ACT to incorporate the Illinois Savings Inatitutiou of the City of

Chicago.

Section 1. Be it enacted inj the people of the state of flii'
nois, represented in thf General JJssemhli/^ That William
B. Ogdeii, John H. I) mham, George VV. Dole, Gordon S.
Huhbard, John H. Kiozie, Benjamin W. Raymond, ErastUB
S. Williams, John S. Reed, Henry Wilbeck, George E.
Stainton, Alexander C. Coventry, O. R. W. Sull, Nathan
B. Kidder, and their successors, are hereby constituted a
body corp.>rate and politic, by the name of "The Illinois

»«Ti«. Savings Institution," to be located in the city of Chicago,

in said state.

§ 2. That said corporation shall be authorized to re-
ceive, from any j)erson or jtersons who may wish to enjoy
the advantage of the same, any deposit or deposits of
money, and to use and iinjirove the t-ame for the purposes
and according to the dir»^etions herein prescribed.

••^Miu. 5$ 3. That all deposits of mon»'y received by said cor-

poration sball be used and improved to the best advantage,
ai d in a m»triner not inconsistent with the laws of thi«
state; and th»- income or profits thereof, not exceeding six
per cent, per annum, shall be a|>j)lie(l and divided among
the j»er.'»on9 n.aking sueh deposits, their ex(!Cutois or ad-
miniiJtratoni, in j ist proportion; and the ]>rincipal of such
deposits ma) be withdrawn at mucIi times and in such man-
ner as the said corporation may direct and prescribe ; and
it «Iiill be the duty of the hoard of trustees of said insti-
tution to reg'i! itr the rate of interest to be allowiwi to
depositor"?, not exceeding the rate per cent, herein speci-
fied, so that they shall receive a ratable proportion thereof,
■fter dedueling all necessary ex])en5'es in the management
of the biMineHH of such corporation. The rate of interest
to be allowed depositors, to the amount of five hundred

1007 • 1857.

dollars and upwards, sliall be at least one per cent, less
than the interest allowed others.

§ 4. That the business and property of said corpora- Trustees.
tion shall be managed by a board ot tjustees, thirteen in
number, who shall, at tlieir first meeting, atid as often as
may be necessary, elect, by halkt, friwn their number, a
president, and vice president and cashier. TliS several pt-r- omwini.
sons named in the first section of this act shall be the first
trustees; and all vacancies in said board shall be filled at
the next regu ar meeting thereof after such vacancy shall
arise, and the person receiving a majority of tlie votes of
the trustees present shall be dul} elected. Five trustees, of
whom either the president, vice president or cashier shall
be one, shall constitute a quorum tor the transaction ot all Quorum.
ordinary business. The trustees or managers of said cor-
poration, as such, shall not receive any pay or emolument
for their services. But this last provision shall not apply
to the cashier or financial otfici r of said corporation.

§ 5. That said corporation ma} have a common seal,
which they may change or renew at |)leasure; and that all
deeds, conveyances or grants, covenants and agreements,
made by their president, cashier or other person, by their
authority and direction, accoiding to their instructions,
shall be good and valid; and said corpoiation shall, at all
times, have power to sue, and may be sued, to plead and ,

be impleaded, and defend, and shall be ruled to answer, by
the name and style of the corporation.

§ 6. It shall be lawful for said corporation to receive Rate or inmett.
and take, on investment of moneys under this act, a r^te of
interest not exceeding ten per cent, per annum, as may be
directed by the board of trustees or managers thereof.

§ 7. That no trustee or otficer of said corporation shall, ccrtiflcaiei •r
directly or indirectly, borrow any of the moneys of said ^^p^"'-
corporation or in any manner use the same, except in the
lawful business of said corporation. All certificates or
evidences of deposit, made by the proper officer or officers,
shall be as effectual ^o bind the corporation as il made under
the common seal thereof. SaiH corporation is hereby
prohibited from issuing any bills or notes to circulate as
money.

§ 8. A misnomer of said corporation, in any deed, gift,
grant or other instrument, contract or conveyance, shall
not vitiate tiie same, if the corporation shall be sufficiently
described therein to declare the intention of the parties.

§ 0. The books of said corporation shall, at all times, n-oki u tc &»*«
during the liours of business, be open to the inspection '"""'f** "*•
and examination of the auditor of public accounts in this
Btate and such other person or persons as the legislature
shall designate or appoint. The corporation sliall make a
report to the legislature of this s<tate, on or before the first

»l» Hl U •* •»

1557. 1008

dav of January in each year when the stated sessions ar«
held, o( tlif state of tlieir funds and investments.

^ 10. When any deposit is maile by any |>t rson being a
mitior, or by a female being or hereafter becominj; u mar-
ried woman, in her own name, the said corporation may
pay to each depositor such sums as m.ty be d»»e to him or
her; and the receipt or accjuittance of such minor or mar-
ried woman shall be a legal discharge to said corporation
therefor.

§ 11. That said corporation are hereby authorized to
take, hold and convey such real estate, in the city of
Chicago, as may be necessary and convenient for an office
or place for tlie transaction of its business, and such as
may be conveyed to said cor|)orution as Sr-curity or in
payment of debts, or purchased by it at sales under judg-
meiit"* or decrees recovered by or belo^^illg to said cor-
poration, and such personal property as may be necessary
and convenient for its business.
1 tab) jj I'i. It is made the duty of said corporation, when
*^*^ "^ authoiized by the court, to receive and hold as depository
all moneys which may hereafter come to or be paid into
either of the courts of Cook county, sitting either in
common law or in chancery, subject, at all times, to such
rules and regulations concerning the. management of such
moneys as tiie judges of said courts may from time to
time make or prescribe, not inconsistent with the provi-
siiMiS of this act.

^ l;J. It shall be lawful for said corporauon to v»st
moneys which they shall receive in ai.y stock> of th«
United Slates, or in securities for the redemption and

Ka)iiient of which the faith uf any state in the Union shall
V pl< dged, or in the bonds of the corporation of the city
of Cnicagi', or U|K)n bonds secured Ij) mortgage upon
uninctimtH-red real e-^tite, in the city ol Chicago, worth at
leail double the amount loaned, or upon an) othei secui ity
which shall be deemed by the board of trusti'es or their
financ*; committee to bu amply siiificienti and also to
make Itmporary deposits in any of the banks incorporated
undnr the l4W!i of tills state, located in tlie city of Chi-
cago, or in any incorporale<l hank in tiie city ol N<-w
York, and to receive interest thereon, at such rates,
not exceeding that allowed by law, as may be agreed
apon.

4 It. The Maid corporation is hereby aiithoiized to
accumulate gradually and hold invested a surplus tiind,
not rxceetljii^ fi , ♦• jier c#iit. on the amount of llie deposit'^, to
thff rnd th4t in ranu of reduction in the market pritM; of
any ol th*; necuritie" held by ^uid corporation below th«
par valu*; theri'uf, any Ions to depositors, by reason of
inch reduction, mij be prevented and made good by said

n»i

1O09 1857.

fund, and are hereby authorized to liold jin available fund,
not exceeding one-third of the total mnouiit of deposits
with said institution, winch they may keej> to meet the
current piiyinentb' of said corporation, and which may bu
kept on deposit, on interest or otherwise, in such avail-
able form as the trustees may direct. Thr accumulated
fund of five per cent, herein provided for and tlie real and
personal property belonging to said corporation, shall be
liable to taxation as other real and personal estate, but
said corporation shall not be liable to taxation on deposits
made therein or on any security or securities taken for or
on any investment or investments of t!ie same.

§ 15. The annual meeting of the trustees of said cor- Annual meotiu*.
poration shall be held in the city of Chicago, some time
in the ironth of June in each year, and at such other times
as they may judge expedient; of which meeting notice
ohall be given as may be directed by the by-laws of the
corporation. The said corporation shall be and her*>by
are vested with the power of making by-lnws for the more
orderly management of tlje busin^-ss ol' the same : Pruvi-
deil, they are not repugnant to the laws of the state.

^ 16. The subordinate otficers of said corj)oration 8ui>.,.jinatc ««•
nhall respectively give such security for their fidelity and *^*'"
good conduct as the board of managers may from time to
time require, and said board shall fix the salaries of such
officers: Proidded, that any and all sums of money, with
the accumulated interest thereon, remaining unclaimed
for the space of twenty years, shall deposit the same, with
the accumulated interest thereim, ivith the state treasurer,
to be held by him in trust f(»r fi\ e years for all claimants.

§ 17. That Nathan B. Kiddor be and he is hereby pj^^i ,.„o,uit.,>c
authorized, by public notification, of at least fifteen days, «"»»;•<**•
in two of the newspapers printed in the city of Chicago,
to call the first meeting of said trustees — nine of which
shall constitute a quorum for such first meeting.

§ IM. This act shall take effect from and after its
passage, and may be altered, amended or repealed at the
pleasure of the legislature of this state.

Approved Feb. 16, 1857.

-86

A**^ ><> ^

IS5T. 1010

. I*"- AN ACT fUtitJf J ''An *ct to Incorporati* tin* AUJo Crll'<»!At« lnPtlM«.»

Ski-TIon 1. Be U tnactcd by the penpfr of the statr of
K'vu'is^ rrprexeuted in tht (t'rnfral *isstfnl'/^. That Ko8-
wf^!l N. Miiffe, Hector J. Huiupluey, Jt»lm ^i(^werM, I^evi
\\v'.\ 1mi«o N. Brt^.'^<.tt, JoI)i M' A^lihrtugli end T. J.
R(i:>insou, and lliiir siiv^oesrsoji. iit otficf, are hiT^'bj con-
stituted a btuly politic aiul corpornle, iinder tlit; iiftinc and
••«. ..I t^.. sr)lu of *'Th» AKdo C -llet»iai.- l!:sti'ute," to b« lo«Ht»d
•*• tt the town of Alftio, 40 the county ut Mtrrer, in tlie

state of Illinois, niid by that uaujv an<? 8l)le to nuiHtn
anu to h«v* |)er|>t-:ual successioi ; with |>ou'»*r to kiu' and
bf iiU'^d, to pleau and be imp'oad-'d, iii;d to be cajvwj|« in
Iaw o] ttking aiuJ boldin^, b) filt, g»:n't> devi«jp or otbtT-
uisf, and of purtliasini^, holding !".ji c<>n\f.ying, both in
!au- und equity, uny eRt.-ite, real, p«:rsonal or mixtd, and
of collecting any or all pnuio which havi* been or may be
§ubf»cnb»^d for the brncHt of stMJ iustituie, or to sell
scb»>l irsliijis ; and to bdve and um a i-onini(»n ^eal, and
aittr tlie same at pleHsurf ; to mnke «nd n)t» i Irom trne
to tim.) such law^ or ruK*s as llicy may deem neceissary
for the government of said institnte, it!< bt)drrt ot trustee!*,
officers, teach«T8, agent or agents, and shall ap|Mnnt or
•lisroi^'s it.' leaehefs, a^eiit «»r ngt-nts. fix their eon»|»eii."'a-
ti<»n, prescribe and regulatj-. the coi«r.v» if studif;.", lix th«
luili -n r fH, and do dii other al•l^• tht-y may deiin ni «m'8-
S4ry for liic b«-ntfil ol said institute : frmutrd, ttuir laws
o«- acts are not incorisistent with the constitution and
l^wn ot this stat»' and of the United SlatHS or said eonfer-
encp of 'he M. E Clitin-li.

5 2. Said in<tiruf»* Bhali be under the control htuI pHt-
ronagr ni the Proria Annual Con!rr»'iice of tin- M E.
Church of the United S!ates of Anir rn a, or su<U KMiiial
conf»*MMice as may h-reafter inclose said instituti*, and
iiaid ronference shall ♦lect the trustres for the term of two
ciuif^-ri nee )»ars, and llu- term ol ofrici* of the three tlUB-
tee* f.r'«t naint-d hrr»in flhall • xpire ai th»* time of the ses-
sion of "Jttiil coniereiice, A. I) 1H.«H, .md iIih leriu ot otfice
of (he four last n.-iiui d h- nin shall i'X|iin- at the time of
the frii«ion ol said ronf»r«*iiee, A. I). 1"^ >'.•. Said confer-
encr may nppoint a visiting (lunmittif who shall be in> m-
biri of tin* board n| trusires. rx oj/irio. Said tru.steos
■ • |.f)Wir to fill any vacatu y or \ acainies that may

(< r«- •i^naMoo, ••xpulNJoii or otht-rwise, during tho

i t fl4iti si'Ktkions of said conO-M'ncc; and the term

f. -f sai'l 'rn«i,#.'i Ko nppoiiiled iihall « xpir* at the

tilBfi of the fi; u of said Coiifr-renCe thrreHffrr.

) ^.. The I ■..V\<\ intfitute, with the advinnand

r >!.«• itt of it<t , r, 4|i;d! have power to coiih^r digreef

or tuch collr^ 4t> honom as are usual to siieti ins'.itu ioni:

1011 18^7.

Provided^ they fint SHCure an pn<lownir'nt fund of notices
tliun one humlred tliousatkd dollars.

§ 4. \\\ |»roj)Prty b»l.)uiL»iiig to saitl iiiitiUite, now or it
any futui e time, of every kiiui, orjd desc;rij>Moii h iiiid gjiall
for«^ver reinniu Iree and exeni(it Iroia all taxatmu tor any
pujj)ose wli:ttsoever : ProvtJrd. said property shall not
exceed in aiaoiiat tho sum ol ■'t<2'>,0UJ, exclusive o! tlio
building'' and apparatus belonging t"* saitl institute.

^ ,). This act to take etfcct Uijd be etiTuroed trom and
after its pa«;<;ag»', and shall ho deemed a public ait, :ind
fhall be ouusri ue(1 lif)erally in ali the courts for tli*- pur-
poses therein expressed.

.\ppR0VED Feb. 1«3, 1867.

AN ACT to amend an aci entitled "An net to aii(horiz*i tbe trariscribing Vtb n, vtm
uf certain recorda in Wit.i'iinou county.

Section 1. Be it enacted hi/ the people of the ^tate of
lUiuait^ repre<iented in the General J^sstmhfy, That so
much of the .»ct entitled "An act to authorize the trans-
cribing of certain records in Williamson county," ap-
proved Feb. <)th, l85), a.s relates to flie book marked
'•G" is herel»y repealed, and that book **B" may be trans-
cribed under the provisions of said act.

Approved Feb. IG, 18o7.

AN .\CT to incorporate the Illitiois Association of the New Jeruaalem. re^. le, u

SrcTioN 1. Be it enacted hij the people nj the stale of
Illinois^ repreaeiited in the General Aasemhh) ^ That Isaac
S Brit'on, of Springrteid, A. D. Wright, ()f Peters!)urg,
Jjnjs Rawalt, of Canton, Gt'orge C. Lanphere, of Gales-
burg, John Ilunlin, H<'rve> Lii;litner and Thomiis Storry,
of Peoria, and John Kandolpli llibbard, Frarikliii Si-am-
moii and Jonrthan Young Scammon, of Chieajo, their as-
■ociates and pucce.ssors, be and they are hereby consti-
tuted a body corporate, uu'ler the name of "The Illinnis s»ra« ir<
Association of the New Jerusaieujj" uiuler which name
they shall have perp»*tual succession, with power to re-
ceive, take, by gift, pureli«<?e, devi'- or otherwise, pro-
perty and «s.ate, reil, peiHoni! and mixofl, (or educa-
tional or religious puiposeg, and to hold, lease and sell and
convey tiie same, at their pleasure. ^

1«.S7 1012

I • i -. The •ffdir>* of said association shall be managed
*t\h oontr »lled by the ext'Cutive cuwroittee of said asso-
ciation. When $«iJ association is in st-s«ion said couimittee
sha!! only act in coufo'iuity to the direction of the asso-
ciation. Said executivf committee shall bo chosen or
• .i}H>inteJ, from time to time, under tlie a .thority of said
a»<ioci«tii>n ; and until an election shall be had by said
association, the persons named in this act and their sur-
vivors sl.dll possess the powers of said executive commit-
ter under this act.
'» V ^3. S:iid association, or its executive committee, when

such association is not in session, may create such officers,
and ap,>oiiil such officers, as they may see fit, and remove
ihe same at pleasure; and may manage its atTairs and
bu^uiess in such manner as a niHJority of said committee,
when said association is not in st-ssion, or as said ;issocia-
lii>n, \khen in session, ma) determine.

^ 4. Sdid association miy sue and be sued, plead and
be impleaded, prosecute and defend, in all courts and
pU'.'e*, in it« corporate nauie, b) attorney or otherwise.
All deeds, c<jnveydnces or leases uf the property held by
> ' idtion, f )r the purpose i>t' leasing or conveying

^\ ' riy, shall be miide under the hand and seal of

its president and recording secretarj, under such seal as
said ixecutive committee or association may adopt; but
all such deeds must be approved by a majority of said
committee.

§ •'>. All gifts, devises, bequests or convoynDces mad«
to said tissciciation shall be used by said association for
eduratu)'!*! or rt-ligious purposes ; or the proceeds thereof,
if :^'•l 1 or disposed of by said a^soi t ition, shall be so ajiplied.

.. o. Ttas act shall take etfect and be in force from and
after it« passage.

ArraovKO Feb. 16,1857.

a *j i-»>» T«*

'•-^ -^tm- A> ACT to |!teorpor4*.t lh« Library AMocl«tioo of Sprln^tiitld, IlUaola.

WHCEKAi an at^ociatiod li.i« heret'»fore been formed in the
city of S;)rini;firld, railed the Library .\ssociatioa of
Spriugfiehi, Illinoiit, thr object nt which is the tstub-
lithment of a library and reading room and for other
literary and scientific pur^io^e*; now, liic-refore, in order
to • romote the above declared objects

of •- i ,n,

St. TiuM 1. /if it rnaclfJ hy the penpU of the ttate <y

//h'i >it, rtprf^etiteii in the General ^l^^emhly^ I hat H. S.

Ldwarda, N. H. Hemdon, T. J. Carter, C. H. Lanphier,

1013 1857.

B.-F. Fox, T. S. Matlier, J. Bunu, W. H. Bailhache, D.
Sherman, J. S. Bradford, H. Post, J. II. M^itlu-ny, W. J.
Coiikliiij^, and tluMr associates and successors forever, aro
!ierel)y declartd and created a body corpora!*', by the
name and style of "The Library Association of Sprinj^field, sije
Illinois;" and by that name shall lidve perpetual succes-
sion ; shall bo capable in law to contract and be contracted
with, su»' and be sued, implead and be impleaded, within
all courts of competent jurisdiction ; may receive, acfjuire
and hold real and personal property and effects suitable
to the carrying out of the objects of this association; may
have a common seal, and alter the same at their pleasure ;
may nuike such constitution, regulations and by-laws as
may be requisite for its gi>\ernment, and for carrying out
the objects of the ass of^ialion, and not contrary to the laws
of the land, and may al'er the same at their pleasure.

§ 'i. The constitution and by-laws of said association c.'h.iiinii..n »
now in operation shall govern the corporation hereby ere- '' ""'*
ated until regularly altered or repealed by the association;
an(J the present officers of said association shall be officers
of tile corporation hereby created until their respective
terms of office shall regularly expire or be vacated.

§ '•). This act shall be a public act, and shall be in force
from and after its passage.

Approved Feb. 10, 1H57.

AN ACT to incorporate the tLe town of Atbley, in Washington county, Fei> i«, iM?

Illinois.

Section I. Be if enacted by the people of the state af
Ulinnis^ represented in the General Jis.^iernhlyy That the
inhabitants of the town of Ashley, in the county of Wash-
ington, are hereby declared a body corporate and politic,
with all the rights, privileges and powers conferred upon
the town of Carliin ill'', by an act entitled "An act to in-
corporate the town of Carlinville," approved February
I'th, 18')3, and all the provisidns of the act aforesaid are
hereby declared applicable to tho said town of Ashley.

§ 1. This act to be in farce and take effect from and
after its passage.

Approved Feb. 16, 1857.

1S67. lOU

f •• M. AT AV ACT t-» InC'^rnorate tbn vHI»|,8 of Autloch, lu L;ik<i county.

Skctjon {. tit if t}u:c/n/ hy fht pcip/t oj the s/utt of
n/mi'i\, rrp'tst'ii/iii in t.'tr (rintra/*isS(tn/>/i/, That the
inhittMtaiiis ot the m!)r<;« of Antiiu'h, iu tlif town ot Aiiti-
och. 111 the ooii'ity of" LhIci', in the state of Illinois, residin«»
on the tracts ot land her»inatter named, are hereby cou-
stiiiitr^ii a hody polific anil corpnratr, to be known by the

».- oamr of ''Tlie Prvsident and l)ireett)rs of the Village <d'

AulUH'h;" aiitl by that nain»' v^hall he kfiown in law, and
havf jierprtuul suecessinn; may sue antl be .sued, pUad
and hi unpleaded, dt-fVml and be defended, in all courts of
law and equity, and in all actions and matters whatsoever;
may grant, purchase, receive and hohl real and personal
property within the limit* of said village, and no other,
burial jjrounds excepted, atul ma} lease, sell and dispose
of the saiuf, lor the benefit of the villai^r, and have power
to do rill other acts, as natural persons, which may be
necessary to carry out the powers hereby granted; and
may have a common seal, and alter the same at pleasure.

».r>>< !•• ^ -• Tijal dll of those tracts of land embraced within

the followioj^ boundanes, to-wic The east half of section
fevfn. t-nd all of section eij^ht, in towrishij* forty-six norll ,
of ranu»' t»'n, east, of third princi)>al roendiaii, shall be
iocluritd w.'lii'i the boundaries of said incf.rporation. And
it IS further allowed, tl at the said president and trusters
may herealte' include witMn the limits of said corporation
all other additions to ';aid villuf^e, on petition of a majority
of the lee^al voti r'* of sui«l v illage.

T ••»»*. § '.',. Tin: corporate powers and duties of said village

• hall he veitted in a president and four trustees, who shall
constitute » board for the transaction of business, and who
shall serve without oompensation, to he elected as herein-
after directed. Tlie president shall have a vote on all
queiitioiis urixin^ before .^aid board.

^ 4. The r|UMlitied electors of Said village shall annuully
elect a premJi nt of .said village, who shall he president of
the b'lard of tru}<tees; an4« also, at the same time proceed
to elect four tr')it<e.*:; whii-h election ithall he held annu-
ally, on the firs! Monday of May, 1^'>H, except the first
flection, which shall hf hm soon as the natur*; of the case
may admit of, h^ giving the necessary notice, to serve until
othcfi* be legailv qualified; which notice for the first elec-
tion "hull be ffutticient if given by any two rjualified elec-
tor* in naid villag<?, by written advertiseuients posted up
in thr»?e of the most public plaees in said village ten days
prf'Vioiis to »h»! olection, and staling the purjto^e, time and
|>Ure of siiid election.

mt$**mr t« ^ *''• That no \nrifnn sliall bo eligible to the office ot
***^' preiident or tru!>te«f of said village who shall not bu quali-

1015 1857.

fied to vote for state ai.d county offirtrs, and wlio shall not
have bren for six inontlH previous to "uch «»leciion ft rf^i-
dent and bortufnle fn-eliild'T within th«- iii.v>r|).->ratf 1 hm-
its of said villti^t-; and no pfrsoti who sh;ill not be quahfit'd
to vote for state and county officers, m.tl who h:i'* nof resi-
ded wit!;in said corporate limits for three months, shall
enjoy the ^)rivile^es of an elector.

§ G. The uresideiit arid trustees elected at the first Atui-it, •.»*»«.
election shall liold tlu'.ir otfices until tho first Monday of
May, A. D. L-<.')S, tlu- muiual election, and until their yuc-
cessors are duly qualilud; and tlicy, as \V(dI as th«-ir ct»c-
cessors in office, snail j(ide;t' of qualifications, elections' and
returns of their own mtuibers, and shall determine all
contested elections. They may pass any ' rdinance j'ov-
ernint/ the election of president and trustees and the, elec-
tion of their officers iinJ the mode of conducting the aiumal
ehciions, so that the same be not contrary to the existir*^
tuws of this state.

§ 7. The president und trustees of said village shall,
by this act, have power to appoint, as officers of the said
corporation, a clerk, a trtiasurer, who chsW be, ex ojjicio^
assessor, a street commissioner, a b ^ard of health, and such
other officers and ag nfn as the said board may, from time
to time, deem expedient.

§ 8. The president and trustees of said village shall omcit: wu.«».
iiave power to provide, by ordinance, and require fill offi-
cers, appointed as afor»'SAid, in pursuance of t'lis charter,
to give bonds, with peualty and security, fur the fnithful
performance of their respective duties, as may be deemed
ex(>Hdient, and also to require all otiicers, appointed us
aforesaid, to take an oath for the faithful performance of
the duties of tiieir respective office**, before entering upon
the discharge of the same; which oath may be taken before
any police magistrate or justice (d the peace in said coun-
ty. And it is herein provided, that the cath of (jualifica-
tion for president and for each of said trustees, whioh each
shalLtake and subscribe, shall be substantially as follows:
**I — — , as president o( the incorporated \'illag«! of Anlioch,
(or as trustee, as the case may be,) do solemnly swear (or
affirm,) that I will 6U[)port the constitution of the Ufiited
States and of t!iis state, and that ( will well ar.d truly per-
form the duties of my office, to the best of my knowledfje
and ability;" and, in addition, he ahull take the oath pre-
scribed in the con.''titutiou. •\nd if au) officer, elected or
appointed, shall fail to file such oath with the clerk of this
incorporation within ten days after notice of his election or
app uiitraeHt, sncli office shall be declared vacant, and
filled as hereinafter provided.

^ 9. Ti»e president and trustees shall have power to v..*u..#..
fill all vacancies in the board or other offices of this cor-

1S>T. 1016

poration, except justicos of the peace, occasioned by death,
re>»i;iiation, rt inoval out of this corporation, and stich other
i"j«ii>' MS inav xacat*' anyortiee junons^ tin* nuunhrrs or otfi-
c»'rs. A m.sj««rity shall constitute a bowrd tor husinoss, but
a snialler number may adjourn, from day to d;iy. Absent
members ntay be rom|)elled t<i attend, under such petudty
as the board may provide. They may determine their
rules of proceediufijs, and make such other rules and reg-
ulations for their government, as to them may seem j)roper
and txpedient. The said board shall ha^ e power to call
special meetings, whenever the public gcoii may require it,
arcordinjj to any rule or regulation which may be made
by said board of trtistees. They may ordain when »nd at
what times their rejjular meetings shall be held, and pass
any ordinance relative to the manner in which special
meetings maybe called.

9ttc«u, «• •w. ^ 10. Tiie president and trustees of said village shall
have power to c.iuse all streets, alleys and public roads,
Within the limits of said village, to be kept in good repair,
and to this end they shall retjtiire every male resident of
said vdliige, over the age of twenty-one years and not
exce» <ling sixty years, to labnr, not exceeding two days on
(lie s.»me, in each and every year, and if such lab(»r be
insulhcient for that j)urpo.se, to appropriate so much from
th»* general funds of the corj)oratii)n as they shall deem
necessary thert for: Piocidtd^ that any person working
fuch road tax shall not be compelled to \n rform any other
road labor in the town <d Antioch. Stctnxd — To open,
Rlt»r, vacate, widrn, extend, establish, gr t«le, pave or oth-
erwise improve any streets, avenues, lanes, alleys, public
grounds and public roads, within the limits of said village.

9i4M*iu Third — To make, constrtjct and keep in repair sidewalks

or pavements, in front of any lot (jr lots adjacent to any
»»reet or "trt et** in naid village, and to levy and collect a
tMK, from time to time, upon the lot or lots in front of
wiiich such nidewalks or pRvements are or sliall be ordered
and proposed to be made, constructed and kept in repair:
Provided^ *uch tax shall b«- levied on such lots propor-
tiotintr to the length of tlieii respective fronts: %'Jiidy pro^
ii//'-«/, nuch lax sIihII nol excied one-half the cr)st of KU''h
contlruction; and the other l;:»lf of the cost of nuch c<»n-
s*ni< tion idittii be paid out ot the general fund of the cor>
poration. And tlie siii«l prtsidont and trustees, as afore-
sxid, may levy tuch iiroouut of taxe.s upon the property
within the limits of inid corporation hs shall be neceswary
to rornt the « xpense* of the j-orporation and to carry out
the p »w«rf herein grant' <l: I'nnuJrtly that such tax, for
corpora' i n purposes, ihall not exceed filty cents on each
one :iui.drrd «Joii«r«»' worth of pioperty, exclusive of lax
h«-reinbrforr) authorised to be nAsesseu against lots for side-

1017 1«57.

walks an(1 pavements. And the said president and trus-
tees, as aforesaid, may adopt such mode and means for the
assessment and collection of taxes, not incon^sistent with
the laws of this state, as tliey may, from time to tune, fix
upon and Hetcrmine, hy ordinance, and j)rescrihe the man-
ner of selliiif; property, when tiie tax levied and assessed
upon it are not paid: Providvd^ that all the proceedings
shall he had in reference to delinquent taxe<: as are now and
shall be required by the revenue laws for the collection of
state and county taxes; and the collector shall give due
notice, by publication in a newspaper published in the
county of Lake, and make api)lipation to the county court
of Lake cou?jty for judgment ai^ainst such delinquent land
and lots; and the said county court shall have jurisdi'^tiou
over the same. The sale of said lands and lots shall be
held within the corporate limits of said village; and the
constable elected under this charter shall have full author-
ity and power to make and execute nil deeds and rorivey-
ance«J, under this act, when thereto directed by said bo-nrd
of trustees. Fourth — When any village lots or real estate
shall be sold for taxes, levied for corjioration purposes, by
virtue of this act, the same may be redeemed, upon the
same terms and cotnlitions and in the same manner provi-
ded by law upon the sale of lai ds upon town and county
taxes: Provided^ the amount of money to be paid upon
such redemption shall be paid to the clerk of said corpo-
ration.

6 11. That the president and trustees of said village viui«ti en ©f m-
may provnle, by ordinance, penalties for the violation oi ptn«iiiM.
any of the powers (jf this act enumerated; and they are
hereby further empowered to make further regulations
and pass ordinances, to secure the general health of the
inhabitants, and to j>revent the introduction of contagious
diseases into the village.

Second — To declare what shall be a nuisance, and to
prevent and remove the same.

Third — To provide the village with water, to erect
cisterns, hydrants or pumps, for the convenience of the
inhabitants, if necessary.

Fiiurth — To restrain, regulate or prohibit the running
at large of cattle, horses or sheep, swine, goats or other
animals, and to auth.)rize t!ie distraining, impounding and
sale of the same, and to prohibit the indecent exhibition
of horses or other animals.

Fifth — To prevent and regulate the running at large
of dogs, and authorize the destruction of the same when
at large contrary to any ordinance.

Sixth--To prevent horse racing or any immoderate nort»»H
riding or driviag within the limits of said vi!la-^e, of
horses or other animals; to prohibit the abuse of animals,

ISoT. 1018

•ncl t(i comyn'l |»» rsojis to fasten tlit ir horses or other
animiil!), attacheil to vehicles or otherwise, standing or
reinaininpr in uny street, alley, jiublic road or place, in
saitl vilUirc-

St'ienf/i — To estahM^h an«l maintain a pnMio pound,
and appoint rt pound ninster, and preseriho his duties.
•■■' " ■ » • /.Vif/^M — To restrain and prtthihit all descriptions of

gamMing, and fraudulent deviees, and to suppress billiard
tables, bull alleys an<l all other g.^ming establisbments.

»^*inth — To suppress and prohibit disorderly houses and
hou'«es «>f i 1 fame.

T'tith — To regulate, '•uppress and prohibit any riot,
:iffn4Y. disturbRnce or disorderly asseml>lages, assaults,
as'iHults and batterie.s, or sho(.)ting, within the limits uf said
vill igp.

E'tventh — To regulate, suppress and prohibit all exhi-
bitions of C'lmmon show. », en, sfiuws of every kind, cara-
van*, cireuse'?, and exhibitions and amusements.

Ttre/Jf/t- T'^ regulrtte the storage of gunpower and
oth»r combustible materials.

Thirtt'i nlh — To provide the vill>«ge with water, for tha
extir)uni»;!iment of fires, and for the convenience of iti
inbMbitanrs.
ti«»« ir*a!« F iiirtmif/i — To license and regulate the sale of gooila

by au<-ti')ne»rs and peddlr rs, and t.» .suppress and prohibit
the selling, bartering or exchanging and traffic of any
wine, rum, gin, brnndy, whisky or other intoxicating
liquor'*, within the limits of said villai^e: Proi'if/r(fy they
may hIIow .my druggist or othrr oeison to sell the same,
i:> j^ood faith, for purely m> dicul, mechanical or 8a<'.ra-
in*-ntHl purposes, in quiinfities not leas than cue quart,
and for no oth» r purpo-^e whate"er.

Fiftemth — To appropriate and provide for the payment
of any debt or expensis of the village, and to fix the
compfHSation of villai^e offirers for tln-ir srrvicos.
tmtm»»mm' at Sijrtfptilh — To make all ordinances, which shall he
*** nrce^tary and proper for carrying into execution the

powers specified in thi.1 act, or which they may deem
n»r»«ifary or expedient for the letter regulation of said
vjllagf, and to execute the same; and to impose fines,
f'»rf«MlureH and p«nalti« s l<»r the breach of any f)rdinance
or any iif the pr jvi^ions (.f this ui f; and to provide for
tliff recovery and appropriation of hucIi fines, forfeiture*
nnd lh« enforcement of such penalties: Fruvvlvd^ that in
no ra^p, except in asRuult or assaults and batteries, riot*
or hWrnyn, shall such fine or jMUhlty •■xc.<;ed the sum of
twenty-five dollar^ for any one ofTtTice. Tliat lh«' inhabitants
of litid viIIiijMr are hereby i-xempted ffom working upon
any ro';d be)orir] the limits of Baid corpora' ion, and from
paying any tax upon property within ita limits to procure

1019 1857.

laborers to work uj>on any sucii road. Any fine, pei.alty k^.-.c* «<{••• ■
or forfeiture, iiunirrtd luider this act or an) by-Jaw or
ordinance inadf in pur-uance of this act, may b«-, recov-
ered, titgether with costs, before any justic** (>r the peace
of said county, in the natne of the pnsidtnt and trustees
of the village- of Antioch, by action of -iel t, for the
violation of sai i by-law or ordinance; and several fineiJ,
forfeitures or penalties, for breaches of the same ordinance
or by-laws, not exceeding one hundred dollars, uiay be
recovered in one suit; and jn all cases suits slidll be com-
menced by summons, which shall be served as now diret t»d
by the statutes cf this state: Vruvid>d^ in any case of
emergency, or in case the offender i-^ about to flee, or it
may appear uncertain whether he will reciain, a sum-
mons may issu<::, to bring him forthwith, to answer unto
the charge j)reffrred against him. Upon rendition of
judgment the justice shall issue execution immediately,
for the penalty or forfeiture and costs of s^uit, which may
be levied upoo any personal property of the defendant or
defendants, not exempt from execution.

Stventetntk — If the constablt- shall return upon such Kx«c«k-mi.
execution "no property fjund," then the justice shall
issue a capias egainst the body of the d^-ff'ndant or
defendants, and the constable shall arrest such person or
persons and commit him or them to the jail of tlie county,
to remain forty-eight hours, and if the judgment and costs
exceed five dollars, th'-n t > remain in cl'."Je cuftody in
said jail twerj^y fmr hours for every two dollars over aiid
above the said five dollars; and so, in proportion to the
amount of the judgment ai.d the costs: Proviilt:!^ howeier^
if t!ie said presi^'ent and trustees, or theii aUorney, shall
require a transcript of the judgment and co>'ts to be cer-
tified to the clerk of the county or circuit court of the
proper county, to have levied upon real property, and
signify the same, in writing, to him, he shall not issue a
capias, as aforesaid, but shall, without delay, certify a
transcript thereof and all the proceedings, according to
law, to such ckrk, which shall be filed «nd recorded viS
in other cases; and such judgment shall have the same
force and effect as in other cases: Provided^ an appeal
may be granted within five days alter the rendition of
judgment, with the same privileges to all parties, as in
other cases.

Eighteenth — The president and trustees shall require Town «Ufk.
their clerk, and it shall be his dut), to make and keep a
full and faithful record of ail their proceeding?, by-laws
and ordinances, and of the time, place and manner of the
publication of such ordinances and by laws, in a h<>ok to
be provided for that piirpose; and "Juch book, purnorting
to be the record cf the corporation cf the village of

J»*U « •! lh»

1851. 1020

AntiocS, shall be received in all oourts, without further
proof, as evid.MiPe of such inatttTS thrroin rontaiiied; and
all ordinance^, before takintj; ttF»'ot, shall he pul)lish«>d at
least ten days in a newspaper ]>»ihlished in said county, or
by postinp; up copies of the same in at least three of the
most puhhc places of said village, and shall be written
out, atid shnll he sijrnod by the president and chrk, on
said book of record.

AHiu trenfh — At the first election of the board of trus-
tees, and every four vears thereafter, ther»> shall be ilected
by the I^gal voters of the corporation, one justice of the
peace f^r the corporation, and one constable for the cor-
poration, who ^hall hold llirir offices for tlie term of four
year<5, and until their successors are duly elected and
qualified. The said justice of the peace shall qualify in
the same manner ]>rovided by law for justices of the peace
of towns, and shili be commissioned by the governor, the
same as in other cases of justices of the peace; and shall
have the same powers and authority, and vcoeivc the same
fees as ju*»tices of the pt-aee elected under the general
laws of thi<» state. The constable shall qualify, by filing
his bond and oath of offir'e in the office of the clerk of
the corporation, and shall have the same powers, and
receive the same fees ns now alllowed by law to consta-
bles; and *hall be, ex ajjirio^ colleetor of taxes for said
corporation, and of state, county and town taxes, within
the limits of the corporation.

Twrnfii /h — The .said corporation, at its first election
and at each annual election of president and trustees,
may elect one supervisor for said corporation, who shall
have the same power'^, ft-es and etnoluinents and perform
the same duties, as town supervisors, to all intents and
purpo-»e.<» Such supervisor shall he supervisor only for
the limits of the corporation, and "hall have sole authority
in the corporation, to the same extent that supervisors of
towns have in tn«'ir respective towns, and shall sit with
the board of supervisors of the county, the same as other
•upervisors.

Tivenfi/'Jlrsf —rTlio. justice of the peace, constaMe und
fupervisor shall reside within the limits uf the corporation,
and a remo\al from the same .shall vacate such office; and
in caie of any \acHncy, as aforesaid, the said office shall
be fill'- 1 in th' flame manner as j)rovi(le(l for corporation
o(}a«;e^: Proriiii (f, if any vacancy shall occur in the office
of juttice of thn peacu the same shall bo filled by an
el«-ction, to be liolden bj the qualified voters of »aid cor-
poration, upon a n"tire given by the president, trustees
• i: I clerk o| laid corporation, or any two of them; such
Xi-iU.".*. to be po^lrf! up i'l three piil)lic plttc»'S in t'le cor-
poration, not le«n than ten dnyn before the election.

1021 1857.

Ticeniy second — The county clerk shall make a sen- sepani* i.i
arate tax book for said corporation, containing lists d the ^'^'
projierty within the limits ol" the corporation, and shall
deliver the same to the constablt- of Siid corporation, at
the same time and in the sami3 manner now required by
law to be delivered to the collectors of the towns, respect-
ively; and said constable shall collect the taxes theieon in
the same manner as that of collector of towns. Such
collector shall pay over to the supervisor of the village
all town taxes collected hy him, who shall appropriate
the same to the expenses of the said corporation.

Twenty-third — AH fines, forfeitures and penalties,
received or collected for the breach of any ordinances of
sail village, shall be paid in;o the treasury of said corpo-
ration, by the oHicer or pers.m receiving or collecting the
same.

Ticentijjourtk—Thei presideiit and trustees shall not
be lequiied, in suits instituted under this act or the ordi-
nances passed by virtue thereof, to file, before the com-
menccMient of any such suit, any security for costs.

7Vre/i///y?/7A— Appeals shall be allowed from decisions Appe»u.iuimw.
arising under the provisions of this act or any ordinance
passed in pursuance t.iereofto the circuit or county court
of Lake county; and every such appeal shall be taken
anu granted in same manner a.nd with like eflfect as
jippeals are taken from and granted by justices of the
peace to the circuit and county court, under the laws of
this state; and the venue may be removed from the justice
before whom any action may be brought for any violations
of this act or the ordinances under the same, for the same
reasons and in the same manner as is now prescribed by
law in other cases before justices oi the peace.

Twenty-six. This act is hereby declared to be a pub-
lic act, and may be read in evidence in all courts of law
or equity, within the state, without further proof, and
• hall take effect from and after its passage.

Approved Feb. IG, 1867.

LN ACT to authorize Sdh H. Redman to keep a ferry across tLe Feb. 26, !«•;
Missiaeippi river.

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That Seth
H. Redman, his heirs and assigns, be and they are hereby
authorized to establish and keep a ferry, for ten }ears,
across the Mississippi river, between the town of Keiths- u«tioa.
burg, m Mercer county, and the opposite shore, in the

1<«,ST. 1022

sU';^ -f Iowa; tlurinff which term the county authorities
of taiil county shall not prant a license to any other
prrrou or pt-rsms to e.stabli^li a frrry within one mile of
»ai<? tnr.'n of K^'i'lishiirg.

••«n*« ■*"" § -. S liH Rciimaii >!irtll Veep, at all times, a good and
sn^.'ient boHt or b>3ts, |\»r the speedy and snfo tr:insj)or-
li.ti/>u uf passengers, C<ajo<:, horse?', cattle and all oilier
Animal!), h5> well a< goods and ttfc'ots; and shall furnish
said Hoa* or boats with mou of fuitable strtngth and skill
til iQiVuigf, run and contrirl the saui. ; and tlicrttor shall
b*» en^iH-^d to receive sucfi compvnsHti«Mi as may be fViccd
by thf i-ounty autiioriti -s of M-rcer county.

AMI. « ^3. Th.' said R'^draan sliall p'^y intj the treasury of

Mercer cou'ty such annual tax »h the county authori-
ties of S'^id couit'y slitoil impose upon said ferryi not 1»'88
tliAo twf-nty dolljrs and not more tlmn on«^ hundred dol-
lar."; un<< in the iiianaw* m»M.t of said 1« rry shall bo gov-
erned by the "Act to establish ferries and toll bridges,"
ajiproved March ^Wl, 18ir».

\ 4. Tto- act to rake ertVnt and be in force from and
after the '2^\U February, 18.'>7.
Approved Feb. lO, 18.')7.

fa» i«, -. \N ACT to If cftliz" a i»'i*«Hvl»lon for E. K Mnhh.ir.J of certain Moclw

In th"" !«c)»"ol siN-Jion addiiiiMi to Cliirjpo.

■ •'%• i>wiB«4.

SrCTtON 1. //'' it I'liijrhd hi/ thr ptuph nj lltp state of
tHinuin^ repreneutrH in fhf (iiut rat ^'/sstrnfity^ 'V\\ai fi cer-
tiiiii su^'tivjxion und phit of blo'kii, nuiiioen d tive (•'>))
uiKty (»>0,) >»i)i»y- tbr^-e (Oli,) nixty-fue (05,) sixty six
(♦;«,) fevent) five (7'»,) eigbtj.five (Kr»,) one-hundred
Htpt r*Mir ( I"},) one hundred and five (]<).'>,) oni; hundred
and eiuht ( I'H, ) on*- hundrvd and nine ( lOH, ) one l.un-
(Ind and eleven (111,1 ouo humlrtd and twil\c (11^,)
•nd nnn hundred and fWteen (ll'i,) in section sixteen
(i6,) in towtitbio thirty-nine (••'♦) north, of range four-
teen «14t ea<«t ()( the third principal meridian, tieing ths
»rl.»>l nerlio'i udditiou tf) Chicago, uiide tor Klijah K.
ilubbard, erroneou«ly, by the name and style ot 10. U.
IIi|bb.trd, e^fjr., by .f, Wd )ll»'y, jr., surveyor (d' (yook
county, Illinois, pet (ieo. W. Snow, deputy and recorder,
July iid, 1 -:'.'>, in book I, of record*, in the recorder**
olRe.c of Cook county, Illiuoi«, on [»agf ''1 and *'.i, bo and
th • i»4in»- i^ li»'rr'»> b'galiZ"(l, and the «atn<' fdiall b(' a legal
bTid valid «ub<iivi«i'in i>n<! plat ol naid Idocks, by tb" 'aid
K:ii4li K. iiubbard, iri iill cnirlN and proceedings in tliif
•late.

' 1023 18A7,

§ 2. The description, by lots and blocks, pursuant to
iai<i subdivision, in all detd.s, conve^unct^), icastM and
coritrAct"*, toucliin^ or conccruiu^ iiny jian or |)art9 of
■aid block.-), hert-tufore iiiude or exiicuted, or hertaller to
be made or executed, sball be and the sdii<e id hereby
declared to be legal, valid and etlecludl.

§ 3. This act shall lake effect from and after its pas-
■age.

Approved Feb. 16, 1857.

AN ACT to Incorporate the Bloomlnpton Cemetery Asaociatlon. r»fc i», \W7.

Section 1. Ih it enacted by the people of the state of
lUinuis, represented in the Genera/ Jifsemhli/, That Linus
Graves, James H. Robinson, David Briti, William H.
Allen, and William E. Graves, and llu ir successors, be
And they are hereby constituted a body corporate and
politic, by the name and style of "The Bloomington *•''••
Cemetery Association;" and by that name to have per-
petual succession; and shall liave and poss^'ss and be
invented with all the ^iowers, righta, privikges >»iid immu-
nities incident to a corporate body.

§ "2. The capital stork of said company shall consist c»piu MMk.
of ten thousand dollars, to be divided into shares ol one
thousand iloUars each, which stock may he paid in real
estate; and upon the subscription of five shares <!aid com-
pany may o^^'■<nize and proceed to busin» >^ .

^ :i. The ijua (i'y ot land to be ret* ived (or stock lumi.
iubscriptions, or held by s:ii i company, sliali hi' limited
to one hundred acres; and in the reeeipt ot r^al estate,
as stock, a majori y of said board shall fix the value of
said real estate so taken as stock.

j5 4. All real estate, either purchased or subscribed as
•tock, shall be conveyed to said company, for the purposes
hereinafter named.

§ 5. Tue object of said association shall be, exclu- obj<«..
■ively and solel), to lay oat and inclose and ornament a
plat or piece of ground, not to exceed one iiundred j«eres,
as aforesaid, to be used as a burial place, to w job, if
thoue^iit best, may be added a Moral garden, h) ^-ai«l asso-
ciation; and ■iaid piece of ground, so hehi and platted,
ihall be exem(»' trom taxatnx) and execution.

^ 6. The otfi 'ers of said ass ciation shall be a presi- ('tp.'^T%
deut and secretary; said secretary shall al :o act a^ treas-
urer, who, with one other jf saul a.i^ociation, m^y pass
necessary by-laws, or do d!»y other business. Said otficers
of president and (Secretary to be chosen on the first xVIod-

kZ <k«

ISoT. 1024

d*y of April in each year, nnd hold their offices until
their surcesaors are chosen; and a failure to elect on said
d*y shall not operatt^ as a forfiitnre of this charter. Any
vacancy that may happen, at any time, in saitl otfices of
president or secretary, such vacancy may he filled hy a
majv^rity of said corporate members, or their successors.

^ 7. Said a^oociatioii shall have power to sell and
convey any portion of their land or lots in said burial
grouiui, lor the juirpose of a burial j)lace. The evidence
ol title to the purcliaser shall he a certificate, signed by
tiie Sf'cretary ot said association, hm such.

§ 8 Upon the death, reiiignation or removal of any
or either of the above corporate members, a majority of
the remaining members shall proceed to fill saiil vacancy
or vacancies.

^ i». Certificates of purchase of any lot or ground from
said association sliall not he assignable but by consent of
the secretary of said company. Said certificate may be
surrendered to said association, and a new one issued
to any person designatfd by the original holder of th«
same.

§ 10. One-fourth of all moneys received for sale of
ground, for the purposes aforesaid, shall be expended in
improving and ornamenting said grounds, so to be laid
out, as aforesaid; the balance to be paid to the stockhold«
ers.

>i 11. This act to take effect from and after its pa«-
•age.

Approved Feb. 10, 1857.

#1«1I*1M; •:

r*. IT, fM^. AN ACT to incorporat«> tb<> Sprln^fi«IJ and P.in.i Kiillrond Coinpanj.

Skctioh 1. //«' U I'niictftl hy the ptoplr of the state oj
JUuutit^ represented in the (ieneral » isseinhli/, ThatJamef
A. Barrrt, Jacob Bunn, Cliarh-s H. Lanpliier, Wm. B.
Fo»d»;y, Virgil llicko.v, William Butl»;r, of iSj)ringtit'ld, and
Preiton Breckinridge, of Sangamon <u)UMty ; and Horatio
M. Vaudever, I). I). Sliumway, William A. (iofxlrich,
Win. S. Fnnk, C^lv.n ^i-.udy an. I William H lIall,ofTay-
lorville i and MiUn 8. Beckwith, Mason French and
Thomaj Finley, of Pana, Christian county, Illinois, and
their bvnocial* x, nuc<*(flBorA and a^sigii-i, are hereby created
a body corporate and politic, und«rr the namt- and style of
»if»« *'Tlie SpriiiKlifld and Pana Railroad Company," with por-

pe(>i«l aucc«:^.<ii()ii ; an<l uud*-r tlii.H nainr and style dhall bw
capaolc of iuing and being sued, impleading and being im>

1025 18,57.

pleaded, defending and being defended against, in law and
equity, in all conrt.^ and plac'':^ wlia*«oever, in lilc* man-
ner and as fullj- as natural ])ersnn3 ; may make and use a
common seal, and alter or renew the same at pleasure ;
a»,d by tlieir ■^aid corporate nam^ and style sliall be capa-
ble in la<v of f'ontractinsj and being contracted with ; shall
be and are hereby invested with all the powers, privileges,
immunities and francliisj^s of conveying real and personal
estate which may be needful to carry into effect fully the
purposes and objects of this af't ; and said company are
hereby authorized and empowered to locate, construct
and complete a railroad, commt'iicing at Springfield, Sanr^a-
mon county, and from thence on the most direct and eligi-
ble route to Taylorville; aisd from thence to Pana, in
Christian cninty, with one or more tracks or lines of rails :
Provided^ said company shall commence the construction
of said road within four years and comj)lete the same with- Time •t ompie-
in ten years. *'^°*

^ 2. The capital stock of said compan)' shall consist of capital •••fk.
.six hundred thousand doliirs, and may be increased to
one* million of dollar-?, to be divided into shares of one
hundred dollars eacli. The immediate government and
direction of said company shall be vested in thirteen di- Dirtctom.
rector.'', wtio j'hall be chosen by the stockliolders of said
company, in the manner hereinaf*^or provided, who shall
bold ttieir office one year after tlieir eh^ction and until
others shall oe duly elected and qualified to take their
places as directors; and the said directors, a majority of
whom shall form a quorum f-r the transaction of business,
shall eleet one of their number to he presider t of t'-e com-
pany. ! he jHJd bo rd of directors shall hav^^ power to
appoint ?il necessary clerks of business of said company.

§ 3. The ?aia company is hereby authorized, by their Sarrejj, &«.
agents, surveyors or engineers, to cause such examina-
tions and surveys to be mide as shall be necessary to de-
termine the most advantageous rnute for the proper line
or course wliereon to construct their Sdid railroad ; and
it shall be lawful for said comi>any to enter upon and take
possession ot and use all such lands and real estate es may
be necessa''y to the construction and maintenance of the
said railroad, its depots, side-tracks, water stations, engine
houses, machine shops, and other buildings and appen-
dages necessarv to ttic construction and workin » ot said
road : Provided, ihat all lands or real estate entered upon
and taken possession of and used by said corporation for iii«ht«fway.
the purposes and accommodation of sa^d railroad, or upon
which the said railroad shall have been loraterl, or deter-
mined by the sHxd corporation, shall be paid for by the said
company in damages, if any be sustained by the owner or
owners thereof by the use of the same for the purposes of
— «7

1867. 1026

said railroad, and all lands entered upon and taken for
the use of said cor)>oration, wluoli are not donated to said
coijiuralion, at swell price as niay enuitualiy ar,ret'(l »H)on
by llie Said corporation and tlie dwurr or owners ol such
lands; and in case of disagreenu'iit the price shall hv isti-
mattrd and fixed and recovered in the manner provii'ed for
taking lands for the construition of public roads, canals,
orotht-r public works, as presiribfd by tlie "Act concern-
ing right of way,'' aj>proved March r'(l,]S4r); and tin- linal
awunl shall vest in tlie corporation hertby created all the
rigtits, franchises and iinnninities in the said act contem-
plated and provided.

»MiT»-ti««>«. ^ 4. If any person shall willlully, maliciously or wan-

tonly and contrary to law, obstruct the passage of any car
on said railroad, or any part theieol, oi anvthing belong-
ing llu reto, or shall damage, bi(!ak or destroy any part of
liie said railroad, or implements, or buildinus, he, she or
they or any person assisting shall forfeit and pay to said
company for every such otrencc treble tlie amount of
damages that shall be proved before any competent court,
and sIihH have be«n sustained, and be sued for in the name
and behalf of said company, and such ollender or ofl'en lers
shall be deemed gviilty of a misdemeanor, and shall be
liable to an indictment in the same manner as other in-
dictments are found in any county or counties where such
olFence shall have been committed, and upon conviction
every such offender shall be liable to a fine, not exceeding
I'lve thousand dollars, for the use of (lie county where mucIi
iadictment may be tound, and may be imprisoned at the
discretion ol the court.

!••.•: Mviiat ^ 3. The tin e of holding the annual meeting of the said
company for the election of directors shall be fixerl and
delfrmint d by the by-laws of said company, and at all
ineelijigi each sloekhoider shall be mtilled to vote in per-
fon or luwful proxy, one vol«; for each share of stock he,
uliu or the) may hold, huua Ji(/ej in said company upon
whir!i all installments called have b«'en |)aid.

• • • • ^ <». The persons named in the first section of this act
•re hereby appointed commissioners, who, or a majority
ol whom, after u tt<et iig duly called, h) tliirty days' notice
in newKpapt rs published in S|)ringfiel(l and Pana, are
hereby authorized to open subscription books for said
stock, at sucii places ai they rnay deem proper, and shall
keep said books open un'il fitly thousand dollars of said
capital stock Hhall be taken Said rommissioners shall
rerjuire each subscriber to pay Civn dollars on each share
flubucribfd at the time of sub!i(;ribing. The said commis-
•ioM rs Nhall imnii (iiateiy therealter call a met ting of the
•tnckholder*, by K'^'i"K thirty days' notice, in noroo news-
paper |irinte<i in Springfield or Pana, and at such meeting

1027 1857.

it shall be lawful to elect the directors of said company;
uiid when the directors of aaid comjiany are chosen, the
said com.nissioners shall deliver the said subscription book,
with all stuna of money received by them, as commission-
ers, to said directors. No person shall be a director in
said company, unless he shall own at least one share of
the capital stock.

§ 7. That the right of way and the real estate pur- »igi»t ^^f « -y.
chased for the right of way by said company, whether by
mutual agreement or otiierwise, or which shall become
the property of the company by operation of law, as iji
this act provided, shall, upon the payment of tlie amount
of money belonging to t!ie owner or owners of said land as
a compensation for the same, become the property of said
company in fee simple.

§ 8. That said corporation miiy take and transport on Article* onran.-
said railroad, any person or persons or merchandize or •*'"'*"*"'•
other property, by the force and power of steam or ani-
mals, or any combination of them, and may fix, establish,
take and receive such rates of toll /or all passengers and
property transported upon the same as the said directors
shall, irom time to time, establish ; and the directors are
hereby authorized and empowered to m:ike all necessary
rules, by-laws, regulaticns and ordinances that they may
deem necessary and expedient to accomplish the design
and purposes, and to carry into eft'ect the provisions of
this act, and for the transfer, assignment of the stock,
which is hereby declared personal property, and transfer-
able in such nunner as shall be provided by the by-laws
and ordinances of said company.

§ I*. The directors of said company, after the same is Botts t.. n
organized, shall have power to oj»en books in the manner "***"* '
prescribed in the sixth section of this act, to fill up the
additional capital stock, or any part thereof, at such time
as they may deem it for the interest of said company. And
all the installments required to be paid on the stock orig-
inally to be taken, and what may be taken to increase said
capital, shall be paid at such times and in such sums as
saiti directors may prescribe.

^ 10. In case of death, res'gnntion or removal of the vacancy id •■€•
president, vi -e president, or a .y of the directors, at any
timt' between the annual eleetions, such vacancy may be
filled for the remainder of the year, whenever they may
happen, by the board of dirtctor.'' ; and in the case of the
absence of tfie president and vice president, the board of
directors shall have power to appoint a president, pro
tt'/fi/)jrr, who shall have and exercise such power and
function as the by-laws of the said corporation may pro-
vide. In casu- it should at any time happen that an elec-
tiou shall not be on any day on which, in pursuance of

i-\s:. 1023

this act, itous»l»t to be luaile, the corpnrnfion for tliat CBU.>e
«>hf«Il not be ijcrmed dissolved, but such eloction shall be
belli ftt any other time directed b} the by-laws of said cor-
poration.
P9*tw f^i. i\\. That wlien the lands of nny fcmtnc corerty ytv-
t^jiT " ' son unuer aj^e, )wn compos mrntisy or out of this stat( ,
shall be taken in the construction of said railroad, as is
provided by this act, the said corporation shall pay the
amount that shall be awarded as due to the last mentioned
owner ur owners respectively, whenever the same shall
be lawfully demanded, together with six per cent, per an-
num ; that to ascertain the amount to be paid to persons
naimed in this section, the lands taken for the use of tlie
railroad corporation it shall be the dtity of the governor
of litis state, upon notice given to him by tiie said corpo-
ration* to ujipoint three commissioiurs, to bo persons
not interested in the matter to be determined by tlieni, to
determine the damages which the owner or owners of the
lai.d or rrnl estate so entered upon by the said corpora-
tion, lias or have sustained by the occupation of the same;
H'.id it shall be the duty of said commissioners, or a ma-
jority of them, to deliver to soitl corporation a written
statemeiit of the award or award they shall nuke with a
dcscrii)tion of the land or real estate apj»rais( d, to he re-
corded by the said corporation in the clerk of tlie circuit
court's office, in the county in which the land or real
estat*' Sio appraised shall be, and then the said corporation
shall be di-eined to be seized and possessed of the fee
simple of all duch lands or real fslalt; as shall ha\-e been
apprai3**d by the said eouunissioners : Procuitd, Uiat pre-
vious to any applieatiim being made to the goveriH)r lor
the appoititiaent of C(»mniMsionerH, as p-ovided in this act,
it shall be the duty of the commissioners to give notice to
thone iiitTested in the hnid over which the said railroad
coinita;i> desired lo obtain iIm* rii;lit of way, which notice
shall b** in writine. S|te(ir)iiig t|i«- time when such appli-
cation i^ to be mude to the governor, and shall he served
upon the owneri and thoie interested in siijd land by the
coiniiiistionert of said company, or by the sheriff or oon-
•table of the eoinity in whicdi sai'l persons reside, in the
same way bm Ki-rvice of procesi in chancery: Proviih d^
that said owners or thost* interested are residents ot the
state of ir (.niii ; or in case said owners or those ii^terested
shall be nnnre^identu of the state of Illinoin, then such
notic#> m-iy be given by publication in a newspaper pub-
lished in the ponnty where said lands lie ; or in lase 1li»'re
i« no neu'<ipap<'r publi'^hed in the coMntv,lheri the inarest
ni:w«jMper published in this state; said piihlieation «hall
contain th»5 naraeR of the parties interested in said lands,
the dmcription of the land", and the time when S(ir)l - a-

1029 1857.

tion is to be made to the governor for th^ appointment of
commissioners as aforesaid, and shall be made for four
successive weeks, the first of which shall be made at least
thirty days before said application is to be made.

5 12. Whenever it shall be necessary for the con.-'truc- CroFMi.s» nai
tion ot said railroad to intersect or cross a track ot any
othvr railroad, or any stream ol water or water course, or
road or highway on the route of said ryad, it shall be law-
ful for the company to construct their railroad across or
upon the same : Provided, that the said company shall
restore tlie railroad, stream of water, water course, road
or highway, thus intersected or crossed, to its former state,
or in sufficient manner not materially to impair its use-
ful nes>'.

fi I'i. Said company shall have power to unite its rail-
road with any other railroad now constructed, or which
may hereafter be constructed within this state, upon &uch
terms as tnivy bo mutually agreed uj)on between the com-
panies so connecting, and lor that piupose full power is
liereb^ gi\ en to said company to make and execute such
contracts with any other company as shall secure the ob-
jeots ol such connection : Provided^ that no car shall run
upon the line or track of the road constructed by the
comj)any hereby incorporated, except at points ol cross-
ing or intersecting the same. ^

§14. Said company is hereby authorized, from time p«wcrfo torrjw
to time, to borrow such sum or sums of money as uiay be "^""*-''-
necessary for the completion and furnishing or operating
their railroad, and to issue and dispone of their bonds, in
denominations not less than five hundred dollars, bearing
a rate of interest, not exceedii;g ten {)er cent, per annum,
for any amount so borrowed, and to mortgage the corpo-
rate property and franchises or convey the same by de«'d
of trust to secure the payment of any debt contracted by
said company for the purposes aforesaid ; and the direc-
tors of said company may confer on any bondholder of any
bond issued for money borrowed as albresaid, the right to
convert the principle due or owing thereon into the stock
of said company, at any time, not exceeding ten years
from the date of the bond, under such regulations as the
directors ol said company may see fit to adopt, and all
sales of such boi ds as may be made at less than par \alue
shall be good and valid and binding upon said corporation
as if sucii bonds had been sold for t!;e full amount thereof.

§ 15. Each of the counties through which the said 0rN4vtiog tub-
railroad may be located or run shall have the power and •^^'^''"•"» ••«•'-
right, by the county court of each of the said counties,
respectively, to subscribe for -tock and becoming stpck-
holders in the said railroad, the «aid counties each being
the representative of the stock subscribed j and f»r this

1S57. 1030

purpose each of the counties, as aforesaid, is hereby au-
thoriroJ, Irom time to time, to borrow such sum or sums
of nionej- as m:»y be necessary for the purpose afori sani ;
to issue and in any way dispose of or hypothecate their
bonds, in denominations not less than five huiuired dollars,
bearing a rate of interest not exceeding ten per cent. |)er
annum, for any amount so borrowed, and to mortgage the
sliares so taken or^Minvey the same by deed of trust to
secure the pavmoiit of any debt contracted by suid com-
pany so subscribing lor the purpose aforesaid ; and each
of said counties are hereby authorized in the premises
aforesaid to act by their county court as fully as individu-
als miglit or could do j and the county courts of each of
the counties may order an election or cli-etions to be held,
from timp to time, and a vote taken in each of the counties
through which the said railroad may j)ass, for and agninst
the county taking stock in f^aid railroad. If a majority of
the votes cast are' in favor ot taking stock as aforesaid, it
phall oe the duty of the county court to subscribe for stock
to the amount of not less than twenty-five thousand dol-
lars, nor more than one hundred thousand dollars : Pro-
vided, that the stock subscribed shall alone be responsible
for the stock taken by any of the counties as aforesaid.
t>.*uifM««rM'i $ l'>. The road sliall be divid«>d into two divisions:
that porli'ii of the r^d brtween Springfield and Taylor-
ville shall constitute the first di\ision; and that portion
between Taylorvillr and Panii tiic second division of said
road. And the amount subscribed by either of the coun-
ties may be applied to the prosecution of the work in ♦ither
or both divisions as the county court of the county sub-
scribing may order before the ideetion.

;^ 17. Tlie width of said railroad shall not be more tlian
two hun<lred feet.

j! IH. Tliij act shall be deemed a public [aot,J and
shall be favorably construed for all pur[)ose9 therein ex-
prtmsed and di elared in nil co.irts and places whatsoever,
and thall be in force from and after its passage.

AfPnovED Feb. IG, l>i.'>7.

AS K'l In relation to tb« ttrceti runiiine ihron^h ths out-loti in tb«
towo of Vjindklla, Illinoli, and for otber piirpoaea.

Section 1. lir it rvnclcd by thv pe.f/plr of the sfntv oj
!llinoi.n, rrprrnrutrd in t/ir flnirral Jhseinhlti^ That the
fifth iection of an art in relation to vacating the streets
running through out-lotf in the town of Vandalia, approved

1031 1S67.

March 2d, 1843, be and they are hereby repeiiled : Pro-
viJed^ ahffi^Sy that nothing herein contained shall impair
the validity of any sales oi" said streets already made by
the county court, in accordance with the provisions of the
act repealed.

§ 2. The president and trustees of the t iwn of Van- i»ie ot coitaii
dalia are hereby authorized to sell and convey the south
half of out-lot number {■^) lliree, of six acres, in said town
of Vandalia, heretofore d«»nated to said town by the state,
for burial purpost^s, and the proceeds tliereof shall be ap-
propriated to the purpose of buying other buring grounds.

§ 3. This act to be in force from and after its passage.

§ 4. That the sale heretofore made by the Fayette
County Seminary to the county of Fayette of the east half
of the old state house and the grounds on which the same
stands, in the town of Vandalia, county of Fayette, and
state of Illinois, is hereby legalized, and the fee simple in
and to the samp is hereby declared to be vested in the said
county of Fayette.

Approved Feb. 16, 1857.

AN ACT Bupplemcntal to an "Act to incorporate the Toiiica and Po- f eb. li, 158':.
tersburg; Railroad Company."

Section 1. Be it enacted by the people of the fitate of
Illinois^ represented in the General t/^ssenihli/j That in
all cases where subscriptions have been or shall be made
to said company by any county of this state, in pursuance
of a vote of the county, (all which are hereby declared
legal and valid,) it shall be the duty of the county court of
each county, respectively, to levy a sufficient tax to pay
the interest on the bonds to be issued for said stock; which iBierM-. mtiM*
tax shall remain in force until said bonds are paid otT and
discharged ; and said tax may, from time to time, be in-
creased or diminished, so as to produce sufficient funds
for payment of said interest ; that ihe votes given at the
last general election, holden on the fourth day of Novem-
ber, A. D. 18">ti, by the counties of Morgan and Menard,
in favor of subscriptions to the capital stock of said com-
])any, be anM the same are hereby declared of legal effect;
and that the clerks of the county courts of such counties
be authorized and required to issue their bonds to said
.company, in the manner and upon the terms set forth in
the election notices and other proceedings of said county
courts in relation thereto.

V*>^;.;s^<« >•>•

i!>67. 103*2

^ '2. That if th« citizens of Wa.vliin^ton, in Tftzewell
couuty, shall, on or belorc th« first liii) ol March, A. D.
18.">7, subscribf , within said town of Wasiiin^ton, not less
than tl e sum ot filtet n thoHsand dollars, in |tM><l rcsponsi-
hit' subscription, to the caj'ifal .'-toik ol saio lonipiMi) , and
>t'cure, (rve of e.xjunst to phid i'on»i)any, tiie li^l t ol \Nuy
tlifoiiqh 8:ud town of Washington, and ulso ^runnds lor a
passenger house, at such point as the raid roc^d shall cross
the Peoria and Oquauka Eastern Exteii?ion Kailroiid, Iree
of expense it> said company, and also tiepot jiround>, with-
in thf te-eightlis of a mile ol said ciO'i.iny, tree of < .si)ense
to said comp ui) , then the sr.id riad shall he located 'hrough
the said town of Wushingion.

§ o. That the county court of each county which may,
by a vote of said county, have subscribed or may here-
atter subscriht; lo the ca[>itdl stook of said compitny, ia
hereby authonzed to make the interest on the bonds of
subscription af-resaid phjahie at sucii place or ])lace3 as
the said countv courts, respecti\ ely, ma\ order and de-

termine

rwUM •( ^ 4. The said corporation shall have the power to con-
'"^ struct a branch of said railroad from some point thereon,

between M.tgnolia and Oilaua, to some point in the town
of Morris, m the county of (iiund) ; said poinis to be
fixed by said corporation, with spur« to said branch run-
ning to the coal beds on the Vermilion river; which said
branch and spurs shall be con traded under the provi-
sions of the original act to wliich this is an a supplement ;
and said corporation shall have all the powers, privile^a s
and advantages, and be liable to all the reguiatiuns, lia*
bili'.ies and (iHabiiitits, in construoing and man^iging
said branch and spurs as are imposed upon or granted suid
company by said charter in constructing and mancging
the main trunk ol said railroad.
Approvkd Feb. 16, IbOT.

r* . I*. !•»: AN ATT to inrr.rpr.fA'* the I'«ricUtiAn Society «>f F.tir^kft, IIHnolB

Section I. /fr it mactrd hy Ike jivajilc nj the stale oj
ltHniii%y reprrsrutfd in the (itnrrnl JisHnnUhf, That J. H.
Uow..|l, L. H. Bireh, H \\ Maxwell, IJ. J. Trimble, Ben.
M. Dftv.nport, Will. Kho.len, J. M. Hir.h, 15. .1. H«idlord,
jr., H. F). Clark, J B. Ltiu'iencr, »iu<lentK ol Kureka
Cotlcg'-, VVoQtllord county, Illinois, and mid. . iher personf^'
M ar*-. now or may from time to timo become member« ol
■•id society, be end they arc hereby declared and consti-

1033 1857.

tutcd a body corporate ami politic, by the name of "The K»nip.
Periclesian Society ;" and by that name shall have perpet-
ual succession, and be capable to sue and be sued, to
plead and be impleaded, answer and be answered unto,
defend and be defundt^d, in all courts and places whatso-
ever ; to have a cuinmon seal, and to alter the same at
pleasure; to make a constitution and such by-laws, not
repu^nant to the constitution and laws of this state or of
the United States, as shall from time to time be necessary;
to annex to the breach thereof such penalty, by fine, dis-
mission or expulsion, as they may deem fit; and to pur-
chase, take, receive, hold and enjoy, to them and their
successors, any furniture, library, &,c.; to sell and dispose
of the same at pleasure : PruviJed^ the value of said pro-
perty does not exceed fifteen thousand dollars.

§ 2. %/Ind be it further enacted, by the autlwrily afurt' offlcen.
said^ That the said society shall have power to elect and
qualify such otiiccrs as they may deem n»^'essary, who
shall hold theii office according to the constitution and
by-laws of the society.

§ 3. This act to take effect and be in force from and
after its j)assage.

Apphoved Feb. 16, 1857.

AN ACT to incorporate the Satigaino Insurance Compatiy. Feb i6, 1667.

Section 1. Be it enacted by the people of the state of
Illinois^ represented in the General *dssembly^ That there
shall be established in the city of Spiingfield an insurance
company, to be called "The Sangamo Insurance Com-
pany."

§ 2. All such persons as shall hereafter be stockholders
of said company shall be and they are hereby declared to
b*^ a body corporate and politic, by the name and style of
*'Tlie Sangamo Insuraice Company," and to continue
fifty years, from and after the passage of this act; and by
that name and atyle shall be competent to contract and
be contracted with; and be capable, in law and equity, to
sue and be sued, to plead and be impleaded, answer and
be answered unto, defend and b<^ defended, in all courts
and places, in all matters whatsoever.

§ o. The said corporation may have and use a com- «oiior»i wnio-
mon seal, which they may alter, c'lange or break at pleas- '^"*'^^*"■••
ure; and may also make and establish and put into execu-
tion such by-law.<), ordinances and regulations as shall, \n
their opinion, be necessary for the good government of

1Q67. 1034

said corporation and the prudrnt and efficient manage-
mmt of its Htfairs. No by-laws, ordinances or regula-
tions o( the same shall be in any wise contrary to the
constitution and laws of the llnited States or ot this
state.

»«»iutMMk. § 4. The capital stock ot said company shull b»^ one

huiuired thoiisaiui dollars, to be divided into shares of
fifty dollars each, to be paid in such installments as the
directors chosen under this act may, from time to time,
direct, under such penalties as the j)resi(li'nt and directors
may, in their discretion, appoint and order. The capital
stock may hereafter be increased to an amount not
exceeding five huiulrcd thousand dollars, in the discretion
of a majority of the directors of said incorjioration, to
be subscribed for and taken under the direction and
superintendence of the president and directors afor»'said,
or by any person or persons duly appoint( d by a majority
of said directors, in tlie same manner as is provided for
the subscription to the original capital sick. The stock
of said incorporation shall be assignable and transferable,
according to such rules as shall be adopted in that behalf
by the by-laws and ordinances thereof.

u«tra»M. 5 5. The corporation hereby created shall have ]K)Wcr

and authority to make marin' insurance Ujion vessels,
goods and merchandize, freights, moneys t'-ansinitted by mad
or otherwise, bottomry, resjjondentio, intere«»t, and on all
marine risks and inland navigation and transportation, and
against all losses by fire of any buihlint; or houses what-
soever and vessels on tiie stoeks; and also to receive
moneys on deposit, ami I > loan the same. <in bottomry and
respondentia, or otherwiu-, at such rat«'S of interest as
may now or hereafter be done by the existing laws of this
state; and they may also cause themselves to be reitisured
against any marine ri^ks ujton which they may have made
intiiranre, pnd upon tlie interest which they may have in
any vessels, goods or inen;lian<lize or houses, in virtue; of
any such influrancr, whether on bottonuy, res|)ondentia,
or otherwise, on such terms or conditions as may be
agreed upon by the parties, and to fix thu premiums and
times of payment.

^ if. All policies of insurance by tlx^m made shall ))e
subscribed by tin) pre-sident, or in case of liis death or
absence, by the vice president, and count"-) -^i^^ned by the
lecretary of said cornpari); and all losses arising uitder
any policies, so subscribed and count<!rsig!ie,d, may be
adjusted and settled by the prewident and board of direct-
ors.

a*.M«»i4w* ^ 7. The said corporation shall not take any rixk nor
r^iMi tm« gu^ici-iije ^^y policy, by virtue of this act, until one-tenth

1035 1857.

part of the capital stock thereof shall have been actually
paid in. Tlie sn'ul company shall not, directly nor indi-
rectly, deal or trade in bujing or selling any goods, wares
or merchandize wliatsoevor; but the president and diiect-
ors may, at their option, vest the capital stock of said
corporation in ihn slock of any incorporated bank, trust
company, or p"l>Iic funds of the United States, or any
State in tfie Union. They shall have power, also, to loan
to any citizen of this state any portion of the capital
stock, not exceeding ton thousand dollars to one indi\ id-
ual, on bottomry, bond, mortgage of real estate, or other
satisfactory security, at their discretion, at such rates of
interest or discount, according to bank usage of discount,
as any individual is now or may he|"eafter be authorized
to loan by contract.

§ 8. riie said corporation may purchase and hold such foMenion oi
real estate as may be deemed necessary for the transac- fe**"**'* •
tion of its business, and an amount not at any time
exceeding thirty thousand dollars, and to take and hold
any real estate or securities, mortgaged or i»ledged, of the
said corporation, to secure the payment of any debt due
or to become due to it, and also to purchase on sales made
by virtue of any judgment at law, or any decree of a
court of equity or otherwise; to talPe and receive any
rtal estate, in payment or towards satisfaction of any
debt previously contracted or due to the corporation, and
to hold the same until they can conveniently and advanta-
geously sell and convert tlie same to money or other per-
sonal property, and to sell and convey said real estate, or
any part thereof: Provided, the said corporation shall
be compelled to offer in good faith, the said real estate,
once in every five years, at public auction, to the highest
bidder.

§ '.•• William B. Fondey, Antrim Campbell, Asa East- subfcriptioBs to
man, James N. Brown and Pascal P. Enos are hereby <^*i'''«"«^*-
appointed commissioners for superintending subscri}>tions
to said ca[ ital stock; and the said commissioners, or a
majority of them, shall open one or more subscription
books, on the first Monday of April, in the year of our
Lord one thousand eight hundred and fifty-seven, in the
city of Springfield, and such other places as they may
think proper, or any other time and place, by giving
twenty days' notice of the time and place in the newspa-
pers j»ublished in the city of Springfield; and the sum of
two dollars on each sliare subscribed for sIihII be paid to
said commissioners at the time of making such subscrip-
tions. The books may be closed whenever the whole of
said s'.ock shall be subscribed; and whenever a board of
directors shall be duly elected the said corumi-'siuners
shall deliver over to said board the whole amount of

DUMUn.

1S3.. IO06

money by tl»pm respeotively or jointly received, except
80 inucli a5 shall be retaiut d tor tiie expenses incurred
by tliem iii executing the duties imi)Osed on them by this
act.

§ lu. In case of the death, resignation or a sence of
any of the comnu^siontM^ named in this act of incorpora-
tion, it ^hftli and may be lawful tor any throe of them to
form a quorum, and proceed to business, whose duties
shall he the same in the premi^'os as those prescribed to
the whole of said commissioners by this act of incorpora-
tion nnmed, .;nd their acts as such shall be legal.

^ 11. Tlie stock, property, and concerns of said
incorporation shall be managed and conducted by five
directors, who shall be chosen by the stockholders of
said company, under the superintendence of the commis-
sioners, or a majoriiy of them, and who shall hold their
olfices for one 5i'ar, unless others shall be chosen before
the expiration of that time, and who shall, at the Hme of
their ele^'tion, be citizf^ns of this state, and holders,
respeetively, of not less than ten shares of the capital
stock of SMid company.
M*«:f>c«i«- ') !-• The dirertor^ for every subsequent year shall
be elected on the Hrst Alondny ot Miy in each year, and
at such time of the«»lay and at such place, within the city
of Spiingtield, and under the direction of such persons
as a majority of the directors for the time being shall
appoiut, by a resolution lo be entered on their minutes.
^ Vi. All elections shall be by ballot, allowing one
"**■*' vot'» to each share of the capital stock; and the five per-
9on«« who hliall hav / the greatest numbi r of votes shall be
directors; and if at any eliTtion two nr moro persons
shall have an equal number of votes, so as to leave their
election undecid<d, then thn directors who have been
duly elected ahull proceed, by bxliot, and by n plurality
determine which of said persons so having an e(|ual num-
ber of votei ithall hv dirrclor or directors, so as to cnm-
plfte the whole numbjr; and whenever any vacancy shall
happen for the office of j>resident, vice president, or
dir«?ctor, from death or other cause, such vacancy shall
be filled for the remainder of the year in whi( h it shall
happ«-n b\ thn dir'ctors for the tim-j b»'ing, or a majority
of tii»-m. TiMt f<aid jomniiwsioMer •, an provided for by
this ttcl 'o iuperintend th clion«, "^hall certify, under their
hand* and feali, the pemons electid, and deliver such
certificated lo the perions »o elected, or to some one of
them; an 1 if, through any unav')idal)le accident, said
direc»or« « i«ll not be nhor'-n on the first Monday, as
ofort:3ai J, it jthall be liwfnl to ehoojie them on any other
day, in the manner heroin provided.

Ho^*

1037 1857.

§ 14. The directi-rs, when «^hoscn, shall meet as snon Preruent
as may be after ewry election, and shall choose out of
their number a president, who shall be sworn or affirm^'d
faithfully to dischaigr' the duties of the otlioe, an<l shall
preside for one year iod until inother person is chosen in
his stead; end, also, a vice president, for the same time.
They shall have power to appoint a Kecretary and all secrcuir.
subordinate oi: cers of said corporation, fix their compen-
sation, define their powers, and prescribe their duties,
who shall p;ive such bonds and in such penal sum:^, with
such conditions and wiih sn';ii securities, a? the directors
shall prescribe, and hold their several offices during the
pleasure of a majority of said directors.

§ lo. The president or vice ])resident and two of the
directori^ sliall be cornpetent to the transaction of busi-
ness; and all questioMS shall be decided by a majority of
votes.

6 IG. Tlie president and directors of said company Anno»i p«kii<
shall, previous to subscribing any policy, and once m each
year, publish in two of the newspapers printed in this state
the amount of their capital slock.

§ 17. It shall be the duty of the directors of said »iTi<end«
company, at such times as 'he by-laws thereof shall pre-
scribe, to make divi.lends of so much of their interest
and profits arising from the capi'.al stock of s^id com|>any,
as to them shall appear advisable; and in case oi any
losses or loss, whereby the capital stock cf said company
shall be lessened, before all installments are j)«id in, each
proprietor's or stockh<»4der's esta<e shall be held account-
able for the installments that remain unp?iid on hi-i or
her share or shares at the time of such los-? or K.sseff
taking place; and no subsequent dividend shall be made
until the sum arising from the profits of the bu^inp'"^ or
additional installments on the capital stock shall be p,aid
said company equal to such diminution And oni;e in ^»ienni»i r»»«rt.
every three years, and oft«-ner it required by a majority
of the votes of the stockholders, the directors shall lay
before the stockholders, at a general meeting, an oxict
and particular statement of the profit?, if any there be,
after deducting losses and dividends.

§ IS. This is hereby declared to be a public act, and
shall cxke effect from and after its passage, and shall be
libe-aiTy ccnstru.rd for tvery purpose therein contained. B»nk»ng priviit-

§ I'K Nothing in thiij af^t contained shall confer on
said corporation ♦he privilege of iss.iing notes, similar to
bank notes, for the purpos .>f a circulating medium, bnt
nothing herein sh ,11 h- lu construed as to prohibit buying
and selling bills of excliange.

g««.

IS5T. 103S

if<«^. ^ '1^. That in case of any loss or losses takidfif place,

wMi"l> shall bo equal to tlie animint of the ORpitftl .-^tock of
said company, ami the president and direetors, after
knowing o( such loss or losses Imvincj taken place, shall
suhsoribe to any policy of insunince, their estates, jointly
and severally, shall be accountable for any and every loss
which shall take jilaie under policies so subscribed; and
the estates of stockholders, as aforesaid, shall be liable
for any losses, equal to the amount of said capital stock
subscribed and not actually paid in, in all cases of losses
exceeding the means of said company, whether they con-
sist of stock paid in or profits notdi\idetl.

s Jl. Tliis charter shall be void and of no effect
iinl- ss the stock be subscribed and the company shall
commence operations, af^reeably to the provisions thereof,
within one year after the passage of this act.

& '2'2. The stock in this corporation shall be deemed
personal property, and no transft r siiall be valid while the
holdt-r is indebted to the corporation.

Apphoved Feb. 10, 1857.

re». i», l«T. AN ACr to iiicori>oratc Ibo town of LewistowD.

Section I. JJc it cnacJed hij the fjcnplt of the state of
Illiiiuisi represented in the General ^^isemh/i/y That the
inliiibitants of the town of Le'vistown, in the county of
Fult.<n, and state of Illinois, be and they are hereby con-
stitul«'d a body politic and corporate, by the name and

w,-, ,^, „,,,. style of ♦'The' Town of Lewistown ;'' and by that name
rhall have perpetual succession; and may have and use a
common seal, which they may chant;*' and ailer at pleasure.

f„,t, ,C J. TIm^ boundaries of said town .shall include within

their limita all that district of country composed of the
loulh half of section lw»iity-two, the north half of the
northwevl quarter of neclion twenty seven, and the south
hair of the northwest quarter of section tw<nly-two, all in
towmhip number uvv north of the base line, of range three
cait of the fourth principal meridian ; and the town coun-
cil shall have the right to «xtend the limits of said town,
oy ordin<inc.e, so as to include a squiire tract of country,
n(it more than one mile caxt and west and north and south,
in said town, from the court house in said town.

...•-rr, mfp>. § 3. The iuhabitanlf of taid town, by the name and

'f^t^ft. jIjI,. ||f„r,. ;,i,f^ „},all have power to sue and be sued, to
plead ;ind \n'. imjdead»*»l, to di frnd and he dclVridrd, iti all
courlA of law and equity, and in all actions whatsoever;

1039 1837.

to j)urc!iase, receive and hold property, real and personal,
in said town, and to purchase, r«M-eive and hold property,
real, beyond the limits of said town, for burial gntunds, for
the use of the inhabitants of said town, and to srll, lease,
convey and improve propert), real and personal, for the
benefit of said town ; and to do all other things in relation
thereto as natural persons.

Article II. — Of the Tuivn Council.

^ 1. There sliall be a town council, to consist of a
president and four trustees, to be chosen, annually, by the
qualified voters of the said town.

§ 2. No person shall be a member of the town council
unless he shall be at the time of »nd shall have been six
months immediately j)receding his election a resident of
the town, and shall be, at the time tA his election, twenty-
one years of age, and a citizen of the United States.

§ 3. If any member of the town council shall, during
the term of his office, remove from the town, his office
shall therebj* be vacated.

§ 4. The town council shall judge of the qualifications,
electors and returns of its own members, and shall deter-
mine all contested elections.

§ 5. A majority of the town council shall constitute a Qnorow.
quorum to do business, but a smaller number may adjourn
from day to day, and compel the attendance of absent mem-
bers, under such fines and penalties as may be prescribed
by ordinance.

§ G. The town council shall have power to determine
the rule of its proceedings, and punish its members for
disorderly conduct, in such manner as may be prescribed
by ordinance.

§ 7. The town council shall keep a journal of its pro- JoBr»»i.
ceedings, and, from time to time, publish the same.

§ 8. No member of the town council, during the term
of his office, shall be appointed to any office under the au-
thority of the council.

§ 9. All vacancies that shall occur in the town council
shall be filled by election.

§ V). Each and every member of the town council, be- •»»*
fore entering upon the duties of liis office, shall take and
subscribe an oath that he will support the consti'ution of
the United States and this state, and that he will well and
truly perform the duties of his office to the best of his
ability.

^11. \Yiienever there shall be a tie in the election of
members of the town council the judges of elect. on shall
certily the same to the police justice, who shall determine

is:.7. 1040

(he same, by lot, in such manner as shall be prescribed by
orilinance.
:^)x4 mt*uzi' ^ 1'-- There shall be four stated meetings of the town
council in each year, at such times and jilaces as shall be
prescribed by ordinance.

Article III.

r«u«*;««i<«. < I. There shall he clt^cteil in the town of Lewistown,

by the qualifieil viUer-? th«'r«'of, on the fust Monday of
April, l>SoT, and on the first Monday of April, biennially}
forever thereafter, a police justice and a town constable,
who shall hold their office?? for two years, iind until their
successors shall be elected and qualified.

■5 -. No person shall bo eHi^ible to the office of police
justice or to the otfice of town constable, who shall not
have been a resident of the town for one [year] next pre-
ce<ling his election, or who shall be und'T the age of
twenty one years, or who shall not be n citizen of the
Uiiited States.

T««« <%att«ku. § '). For the election of j)olicc justice and town con-
stable the town of Lewistowii is hereby declared an elec-
tion precinct, and such election shall be conducted and
the returns thereof made in the same manner as the elec-
tion and returns of other justices of the peace and consta-
bles: Prnviitd^ such elections shall be held at the same
time and shall be conducted by the same judges as the
election for members of the town conncil.

D MM* w »>)..« 5 4. Tlie police justice siiall be commiyion'-d by the
gov»-rnor f)f the stat"* of Illinois as a justice of tlu^ pem-e,
and a-* such give bond and talce and subscribe the snme
oath of office as other justices of the peace, and as such shall
be ii conservator of the peace l.i ihe said tow?.. «nd shall
have power and authority to tdrnini* -r oaths, issue writs
and processes, to thk/* depositioiH, ncknowledj;' ments of
deed*, roorfgHges anri other instruments of wiiting, and
certify the same, as other justices of the peace ; and he
shiill !iave exclusive jtirisdiction of all cases arising under
th#! ordinance'* of the corporation aiid concurrent jurisdic-
tion, power am! iuthority, in all cases whatsoever, with
other justices of the peace, arising itider (he laws of this
sta'e, ar)d ihall be entitled to (he same fees for his services
af otht.r Justices of t!ie peace, in similar c>\ses.

PaitM w iwa $ T), The town ronstabln shall have such power and
authority, and be «>ntitle(i to such f»es, und be placed under
iMih bond, cotiditioiiMl (or the fditl.ful i erforinanci; <jf the
duties of his office, as may h< prescribed hy th<; ordinan-
ces of the corporation her«. . created ; and shiill have tlie
tmtntf power and authority, in all cases arising under Mie
laws oi the tt^te. at »ith.T constables of tlie cuiint), 'md

1041 1857.

sliall have the rif];ht to serve process, as other constables,
nt any place within the limits of the county of Fulton. The
jurisdiction and power iiereby given and conferred to the
said police justice and constable and such as has been or
may be conferred by acts of the legislature on other in-
corporated towns and cities, and none other.

$$ 6. In case the jtolice justice shall at any time be
guilty of palpable omission of duty, or shall willfully or
corruptly be guilty of oppression, malconduct orpartiiuity
in the discharge of the duties of his office, he shall be liable
to be indicted in the circuit court of Fulton county, and,
on conviction, shall be fined in any sum not exceeding
two hundred dollars, and removed from office.

Article IV. — Of Elections.

r.aiil p\: i; u.

g 1. On the first Monday of April next an election *'
shall be held in said town, for the president and four mem-
bers of the town council ; and forever thereafter, on the
first Monday of April, of each year, there shall hit an elec-
tion held for said officers. The first election shall be held,
conducted and the returns thereof made, as may be pro-
vided by ordinance by the present president and trustees
of the town of Lewistown, and all succeeding elections as
may be provided by ordinance of the town council by this
act created.

§ 2. AH persons who are entitled to vote for state offi-
cers, and who shall have been actual residents of said town
ninety days next preceding said election, shall be entitled
to vote for said officers.

Article V. — Of the Legislative Powers (f the Council.

§ 1. The town council shall have power and authority tmm.
to le\y and collect taxes upon all property, real and per-
sonal, within the limits of the town, not exceeding oi:e-
half per centum per annum, upon the assessed value
thereof, and may enforce the payment of the same in any
manner, to be prescribed by ordinance, not repugnant Id
the constitution of the United States or of this state.

§ 2. The town council shall have power to apj>oint a xppoinjo*
clerk, tre isurer, assessor, and supervisor of streets, . nd
all such other officers as maybe necessary, and to reijtiire
of all officers appointed under in ]>ursuance of tliis char-
ter bunds, witii such penalties and security for the faith-
ful performance of their duties, as may be deemed expe-
dient.

§ 3. Also, to require all officers, appointed as afore-
said, to take an oath for the faithful performance of tiie
—88

1N.->T. 1042

iJinifN' . I il.iir i-<^)ortive office?, before rntering upon the
tli-c'Iu rge of tlie same.

§ 4. To appropriate inonoy and provide for the pay-
ment of 'lit' dt'bts iuj«l »>xptMist>s of the town.
' • \ rciui*- ^ 5.. To make regulation"? to secure the general healtli
of the inliabitaiits of the town, and to declare what siuill
be a nuisance, and to jMLVCut and remove the SHme.

^ G. To provide the town with water; to pirik and keep
in repair wells and jiumps in the streets, for the conve-
nience of the inliabitunts.

§ 7. To open, alter, abolish, extiijJ, p;rade, jtave or
ot!u>rwise improve and keep in repair streets and alleys.

§ 8. To erect and kee[) in repai-- hridges.

§ 0. To erect market hou.'t>s, ti> , stahliph markets and
maiktt places, and to provide for tlie gnvernment and reg-
ulation thereof.
PrtUc ;ro«iMti. § 10. To provide for inv?losing, improving and regu-
la'ing ail public grounds belonginc; to the town.

§ 11. To lictnr-e, tax and re;»ul.\te auctioneer?, hawk-
tr>', p< ddler.^, brokers and ]»av.i)brokers.

^ 12. To license, tax, regulate and suppress theatrical
and other exhibition?, shows and amusements.
Tip,-i4«;:>oas*j. ^ 13. To prohibit and snppre?s tipplii.g houses, dram
shops', ganiing houses, bawdy houses and other disorderly
iiuises ; and to proldbit the sale of vinous, spiiiluous,
mixed or malt liquors, or other into'iicating drinks.

§ 11. To provide for the prevention and extinguish-
.nenL of firfs; to organize and regulate fire companies.
E»8TiOi; tt i4rf« ^ 15. To prohibit the running at huge of hogs and other
9l.)ck ; to prohibit the keeping of any stallion or jackass,
and to regulate the same, within the limits of said town.

§ IG. To pro\ ide for the inspection and wi i^hiftg of
hay and stonecoal, and for the mca?tirement of wood and
fuel, sold in ."aid town.

§ 17. To provide for taking onnuierations of the in-
habitants of said (own.

§ IS. To r- gulate the election i'^ town officers, and to

provide f 1 r remo'.ing frcjm office any j>ersoii holding an

o ill f crt-.ited by ofdinance.

9^im^n»*U'ja •( ^ 1*. Tofix the Compensation of town officers, and

**""' r.;gulate the fee.H of jurors, witnesses and others, for ser •

r»iid*red tin<1<r this act or any ordinance.

To regdlate the police of the town ; to imjinsc
lorhiiure.", fitieH and |»enalties for thf brcaeh of any ordi-
nani'^-, for the recovery and ajiprojn iation of such fines
and forfeitures, and for the enforcement of sneh penalties:
Prui i'cLdy that the riglit of trial by jury shall in no caso
be denied to any person charg«'d with u breach of any of
the provisiorf of thin act or any ordinance.

1043 ■ IS. '.7.

§ 21. The town council sliall have power, within the
limits of the, by ordinance, to prohibit and suppress bil-
liard tables and lotteries.

<J 22. The town council shall have power to make and Enforcing of cr-

'?,,.. , • , . Uinanceii.

enturce all ordinances necessary and proper lor carrying
into effect all of the powers specified in this act, so that
such ordinances are not repugnant to nor inconsistent with
the constitution of the United States nor of this state.

§ 2o. The style of the ordinan(?e3 of the town shall be, or-jioaute, »ij •
*'//c // ordained by tht Town Council of the Town of Lew -
istuicny

5 24. All ordinances passed by the town council shall, P"i^'ic«ti. « ©f
Within one month alter they should have been passed, be
published in some newspaper published in the town, or in
some other way, to be provided by ordinance, in case no
newspaper is published in tiic; town, and siiall not be in
force until they shall have been published as aforesaid.

§ 25. All ordinances of the town may be proven by the
seal of the corporation, and when printed or published, in
book or pamphlet form, and purporting to be printed or
pubiishrd by the authority of the corporati6n, the same
shall be received in evidence in all courts and places with-
out further proof.

Article VI. — Of the President.

§ 1. The president shall preside at all meetings of the Presiuen'.'i »ib-
town council, and shall have a casting vote, and no other, *'""
and, in case of his nouattendance at any meeting, the
council shall appoint one of their number chairman, who
shall preside at that meeting.

^ 2. The president, or any two members of the town
council may call special meetings of the town council.

§ 3. The president shall be active and vigilant in en- Eotorcin, cf
forcing the laws and ordinances for the government of the
town; he shall inspect tiie conduct of all the subordinate
officers of tiie town, and cause neglig"nce and positive
violations of duty to be prosecuted and punished ; and he
is hereby authorized to call on any male inhabitant of said
town, over the age of twenty one years, to aid in enforcing
the laws and ordinances thereof; and any person who shall
not obey such call shall forfeit and pay to said town a fine
not exceeding ten dollars.

§ \. He stiall have power, whenever he inny dei m it
necessary, to require of any officer of said town an exhibit
of his books and papers, and shall have }.ower to do ail
other acts required of him by any ordinance made in pur-
suance of this act.

ISoT. 1044

Artuie VII. — 0/ Proceedings in S/ucial Cases.

^ 1. Wlienevtr it shall V« necessary to take juivate
' |iro|trt} for 0}>eniiii:j or altering any public street or alley
the corporation slmll make just compensation to the
owners o( such property, and pay, or teniler the same, be-
torc opening or altering such street or all* y ; and in case
tl>e an.uunt of such compensation cannot he agreed upon
the polin" justice shall cause the same to he ascertained
by a jury ol six disinterested Ireeholders ol the town,

§ J. WheD all the owners of property on a street or
alley pr«>posed to be opened or nltt red shall petition there-
for llu- tiiwn council shall provide for the opening or alter-
ii g the same, but no cumpensntion shall be allowed to such
own«rs for their property so taken.

A.»^k».- « § «^- All jurors empanneled to inquire into the amount
*»=■**'»■ of benefits or damages which shall happen to the owners

of property propused to be taken for oj>tning or altering
any street or alley shall first be sworn to that ellVct, au(l
shall i»'turt» to the police justice tin ir incjiiest, in writing,
signed bj each juror: P?'ui'if/(d, a/wa_}/>, in the assess-
mint of luch d;'.mages the jury shall take into considera-
tion the benefit as well as injury happening to the owner
of propel t} propf'Si d to he taken fur o;HMiing or altering
a .slr»'« t 01 alley by such opening or altering.

,^ 4. The police justice shall have power, for good
cause Siiown, •within ten days after any in(jucst shall have
been returned to him, as aforesaid, to set aside the same
and cause a mw inquest to he made.

»,.^«i 1*1. ^ it. The town council shall have ]iower, by ordinance,

to lew and cn'.lert a special tax on the hoKN-rs of lots on
any mieet or »11« y, or any part of any street or alley, ac-
cordhig to the respective tronts owned by them, for the
purj>o<ie of paving or grading the sidt walks of such street
or alley.

ArTK LK \ III.

*.M •• ^1. The inhabitants of the town of Lewistown are

hereby exempted from wr>rking on any ro^d beyond the
limitfl of the town, and fmra pa\ ing any tax to procure
laborers to work on the Hume.

§ 2. The town council "hall have the power, and it is
hereby mad«' their duty, whm it may he nieess.iry for the
ptirpone of keeping in repair the 3tre«-ts and alleys of said
tov.-fj, to r«c|uir«' • vi-ry obh- bodied male inhahilant of said
town, over twenty-one years of age and under fifty* to
Ubor on siid itrert!! «nu alleyy not cxcerfling thre(; days
in earh year ; and any person failirtg to prrform such labor,
when duly notified by the supervisor of said town, shall

I 1045 1857.

forfeit and pay the sum of one dollar to said town for each
and every day so refused or neglected.

§ 3. Tlie town council shall have power to provide for *iD«« ani |,ur..
the punishment of oflTiuders against the ordinances of said " °'""«-
town, by imprisonnunt in tlie county jail, not exceeding
thirty days for any one offence, in ail cases whore the
offender shall fail or refuse to pay the fines and forfeitures
which may be recovered against them.

§ l. Tiio town coun< il vshall cause to be published, Ar,ou»i p«h!i
annually, a full and c uuplete statement of all moneys re-
ceived and expeniled during the preceding year, and on
what account rece-.ved and expended.

§ 5. All ordinances and resolutions j)ii>sed by the presi-
dent and trustees of the town of Lewislown shall remain
in force until the same shall have been repealed by the
town council hereby created.

5 0. All suits, actions' and ])rosecutions instituted, snitn and pr.»v.

1 till »•! I »i cutmni.

commenced or brought by the corporation hereby created,
shall be instituted, cuinm* need and prosecuted in the name
of the town of Lewistown.

§ 7. All actions, fines, penalties and forfeitures, which
have accrued to the president and trustees of the town
of Lewistown, shall be vested in and be prosecuted by tho
cor[»oration hereby created.

§ b. All j)roperty, real and personal, heretofore bel ng- Townpropcuy.
ing to the president and trustees of the town of Lewis-
town, for the use of the inhabitants of suid town, shall be
an<l the same are hereby declared to be vested in the cor-
poration hereby created.

^ 0. This charter shall not invalidate any act done by
the president and trustees of the town of Lewistown, nor
divest them of any rights which have accrued to them
prior to the passage of this act.

§ 10. The president and trustees of the town of Lewis-
town shall, immediately after the passage of this act, take
measures to promulgate this law within tlie limits of the
town of Lewistown, and issue their proclatuation for the
election of officers, and cause the same to be published in
all the newspapers of said town, two weeks in succession,
prior to the day of election of such officers.

§ 11. Appeals shall be allowed in all cases arising app«i:,.
under the provisions of this act, or of any ordinance pissed
in pursuance of thi-? act, to the circuit court of Fulton
county ; and every such appeal shall be taken and granted
in the same manner and with like effect as ajtpeals are
taken from and granted by justjces of the peace to the
circuit court in similar cases imder the luws of this state.

<5 12. Wlienever the police justice or town constable VacDC) in«ai«v
shall remove from the town, resign or die, or his office

l8o7. 1046

sitall be otiurwise vacati'd. the town couuril sliall iiumc-
diatfly provide for filling such vacancy by an election.

J IV. Tl is act is herchy declared a public act, and
raav be read in evidence in all couits of law anil eijuity,
in this state, without proof.

^ 14. All acts or j>Arts cf acts coming within the pro-
visions of this charter or contrary to or inconsistent wiOj
its provisions, are hereby repealed.

^ 15. The town constable, or any other officers author-
ized to execute writs or other process issued by the police
justice, shall have power lo execute (he same anywhere
within the limits of Fulton county^ and shall he eiUitled to
the same (ws as other constables are in like cases.

^ 1(5. This act to take effect and be in force from and
after its passage.

Approved, Feb. 10, 1867.

I •* 1 , 1 v

AN .\rT to incorporate the Kureka Coal Company.

Section 1. Be it efiac/etl bi/ the people nf the state oj
lltinni , r> jn'esetited in the Genera/ %isse?uf>/j/y Tliat Thomas
C. McDowell, John P. McCahan, Alexander Campbell,
and their associates, successois and assigns, be and they
are hereby created a body politic and corporate, by the
name of "Tiie Eiirt-ka Coal Company," for the teimof
fifty ytar.*; with power to contract and be contracted with,
9u»- and be sued, in all co!:rts antl jdaces ; to have a com-
mon seal, and to alter the same at pleasure ; to engage in
the minirtg of stone or mineral coal ; to manufacture iron
or any urtichfl, a cumj) )nent part o!" whieh .shall be the pro-
duel of their mities, an<l In transport the same to market;
lo have all powi-rs needlul for the .successful |)ros«'rufion
of their biivines"!, and lor t}ie I'xecution of the powers
herein granted.

^ J. The said Thomas C. McDowell, John P. McCahan
and Alexander Camj)liell shall have |iower to organize
laid company, by the election or appointment of a presi-
dent and inch other officers as they may deem necessary;
and, when .10 organized, they and their successors shall
have power to make such by-laws, lules and regidationa
nn they may deem necessary, from time to time, for the
govertiment and management of waid company, not inron-
flistent with the corntitiition and laws of this stat«; or of
thr United States.

^ 3. The capital stock of said comjjany Hhall bo five
hundred thouiand dollari, to be divided into shares of one

1047 i:j.

liiindreil (lollars eacli, and shall be deemed perpetual pro*
perty. The prtsidrut and other proprr officer or officers
shall issue certificiitts of stock to the liolders thereof,
which certificates shall be assignable or transferable only
in such manner and at such places as may be prescribed
by the by-laws of said company.

§ 4. The said conij)dny may build, buy and own rail- BaiircaJcar..
road cars, for transporting the products of their mim'S and
.nannfactures to market, and may stll or otherwise dis-
pose of their property, or any part thereof; tiny may re-
ceive real estate in paym nt of the subscription to tht;
stock of said company, and shall have the ri«»lit to acquire
and hold, by purchase or otherwise, such real es'.ote,
uiining rights and right of way, as may be necessary for
the successful proseculion of their business, and the same
or any portion thereof to sell or otlierwise dispose of, as
the interest of the company may require.

<) 5. The said compu'iy shall have pov/tr to construct Branch roau«.
and operate branch railroads and side tracks to (onnect
with any other railroads, and to build and maintain all
necessary depots for the transaction of their business : l^ru-
vidid, none of said branch railroads shall exceed two miles
in length.

§ 6. Said company shall have power to lay out and sell
and convey town lots on their hinds, in the county of Liv-
ingston.

§ 7. It shall be lawful for the president and managers Lj»nf or m>ney.
of said company, from time to time, to borrow or obtain
on loan such sum or sums of money, on sucli terms as tliey
may deem uxpedient, for the use of said company, U!\der
such restrictions and limitations as shall be prescribt-d by
ihe by-laws oi said company, and may ph dge or inortg.ige
all or any part of the estates or improvements, privileges,
effects and assets, whatsoever, of the said company, for
the payment of such sums of money, with the interest
thereon, at such times as may be agreed upon.

§ 8. This act shall be deemed a public act, and shall be
in force from and after its passage.

Approved Feb. IG, 1857.

\N ACT to amend an act tntitled*'An act to incorporata the Kankakee ^<^*- '^> 1^7,
and Iroquois Navigatioo and Manufacturing Company."

Section 1. Be il enacted hy the people of the. fitate of
Il/inuis, represnittd in the Genera/ Jhsemhlij^ That the
several towns in the county of Kankakee, and the towns

^bi. 104S

ol Wilmincton, Florence, Wesley and Reed, in the county
of ^Yili, shall hold an election on tlu> first Tnr.^ilay in
April ii«\t, lor llic purpose ot" lU'cidini; wlu'tlur suid towns
arc in lavor of inipio\ ing the Kankakee river, in the man-
ner hertinaftcr dtscri*ied.

T««**«i«tuM. ^ 'J. That the supervisors in the several towns in the
county of Kankakee, ai.d in the towns of Wilmington,
Florence, Wesley and Uted, in the county of Will, shall
cause the usual notices of election to be pc sted in their
respective towns, ihat an election will be held in the usual
manner, and at the usual places for holding town elections,
on the first Tuesday in April, 1^S")7, and tliat at such elec-
tion tlje voters will be allowed to vote for or against the
improvement of the Kankakee river, by depositing their
ballots, on which shall be written or printed ''for the im-
provement" or ''against improvement."

*-; — i- ij 3. That upon said election, if a majority of the voters

*** voting shall be for the improvement, in the several towns

in the county of Kankakee, and in the above named towns
in Will county, or in any of said towns, the sujiervisors of
those towns so votirig for the improvement, shall repre-
sent Sdid towns and shall subscribe in stock to the Kan-
kakee and Iroquois Navigation and Manufacturing Com-
pany an amount equal to three per cent, of the assessed
value of the property of the towns they respectively rep-
resent, and sliall also issut- the bonds of their towns, in
sums of not less than one hundred nor greater than one
t!iou<«and dollars, and equal in amount to their respective
subscriptions — one-half of the bonds so issued to be re-
deemable in ten years, and the other half in twenty years,
and to draw ten per cent, interest, j)Hyable annually, at
the office of said company; which bonds said snpervis'ors
sliall deliver to the treasurer of saiil Kankakee and Iro-
qooix Navigation and Manufacturing Company, in payment
ol their Fevoral subscriptions.

»■ • - ■'■ i- "i" When fifteen IhouKund dollars shall have been so
• ubfcribed, and notice thereof been given by the treasurer
of idid company to the supervisor.': of any of the towns in
K.irikakce touftty, or of the towns above named in Will
county, which may h ive voted against the imj)rovement,
it nhall be the duly of the supervisors so notified to order
a new election in their towns, to be held within thirty
d»)8 after receipt of such notice, to be conducted in the
«4me manner a.i the first election. After the second elec-
t»ort tlie supervisors of those towns which shall have voted
for the improvcDirnt .'diall subscribe .stock in .-.aid company,
tnd ii«m. their bonds and deliver the same, as heretofore
provi<lcd in lection three.

•»>«iu*t<. f .",. Tlie n'lmber of directors hereafter to be chodcn

fbaU be five only.

1649 1867.

§ 6. So much of said act as compels said company to
CompletL' their navigation to the town of Wilmington be-
fore commencing any other work, and within eleven jears,
be and the same is hereby repealed : Pruru/eil, however^
that no funds raised in the county of Will shall be expen-
ded above the town of Wilmington until navigation «'hall
be completed from the acjueduct across the Desplaines
river to the town of Wilmington.

§ 7. Ti;atat the next annual meeting of the directors of Kngme-ra.
said company they shall a]«point a competent engineer,
and cause said engineer to estimate, in a fair and equitable
manner, the present value of all properly belonging to said
company ; and upon the return of said estimate to their
trea>'urLr, they shall reduce the stock of the present stock-
holder-! until it represents the same value that the bonds
of said towns bear to the assessment of said towns.

,^ 8. It shall be the duty of the board of sujtervisors of A»ses«iDeni».
of the counties of Kankakee and Will to assess each year,
in the sereral towns which shall have issued bonds, a sum
sufficient to meet the accruing interest upon the bonds
which may be issued under tliis act, in their respective
counties, (after deducting whatever sum said company
may have provided for that purpose,) and cause the same
to be collected with the ordinary revenues of their counties,
and paid over to the treasurer of said company.

,^' ".' That nothing herein contained, or in the act to Rishtofwiy.
which this act is an amendment, shall be understood or
construed to alter or change the right of any person or
persons owning, occupying or enjoying water power, im-
proved or unimproved, along the Kankakee river, or to
take from such person or persons any priviieges to which
they are entitled, without just and ample compensation
being made therefor ; and all due allowanc^-s shall be made
for the abrogatijn of such rights.

Approved Feb. 16, 1857.

AX ACT to lepalize the incorporation of the city of Beanistown and Peb. l«.. l«ai.
official acts of the mayor ami city council of said city, and for other
purposes.

Section 1. Be it enacted by the people of the statt of
IKinoiSy representtd in the General ^^sscnihli/j That the
incorporation of the town of Beardstown, in Cass county,
as a city, on the fifteenth day of December, A. D. one
thousand eight hundred and forty-nine, in pursuance of
the fifth section of an act entitled "An act to incorporate
towns and cities," passed February tenth, one thousand

1857. 1050

eig^t hundred and forty- nine, be and the same is l»erel>y
leg: lized.

o«o..' ►-•• jj '2. That all the official acts of the city council and

mayor, or either of thoni, o\' said corporation, done since
the election of its members, and wliich, in case of the
original legality of said incorporation, would hav»' been
accortting to law, up to tlie ptriod when this act shall take
effect, hi" and the same are hereby K t^alizod.

r*4i<« »**»«• ^ I>. That it shall hv lawlul for the polici: magistrate
*'***■ of the city of Beardstown to sent«Mice criipinals convicted

of offfuce committed in the city of Bcardstown, punish-
able by imprisonmtnt in the county jail, to sentence the
snrae to be kept at labor on the streets of the city of
Brardstown.
I iin- jj 4. That hereafter the corporate limits of the city of
Btardstown sh;ill embrace a ttrriti ry of one and a half
miles square, extending three fourths of a mile from the
centre of the public square, j-ast, west, north and south,
tinlfss wiiere said liiie interferes with the Illinois river,
and there the boundary of said city shall run to the mid-
dle <»f the chaniu'l of said river: Pr,riilnt, that where the
new territory in<duded by this act shall not have beeji laid
off into lots or out-lots, said territory so annexed shall not
be subject to taxation for city purposes, without the con-
pent of the owners of the land not laid off into lots or
out lots.

^ «'•. This act shall take t ffect and be in force from and
after its passage.

.\ppRovKD Feb. l<i, 1867.

r«». i«, i<£7

A.» ACT to repeal the m\tl» atul «cvchtli Becliorm of an art cnlilled * An
«rt x» .itu^Dil \\\v rli,i:'«i if ili«> ri'y of Sprinnfii'M," apprnvnd f'ob.
1 l,IHA3, aitil alto aeclloii foui ( l,}nf arliclo (13,) of an act unlilicil "An
aci to reduce Hit act liic«r|Mitdtiii(; tiio city of SprinRfiolil nml tlio
ii«iri>r«l artii MDienilat'irv iLercof into one act, and to amend Ibu aatne/'
•pproied .March 24, 1861.

StcTio.N 1. Re if rnnrffd hi/ the 'people of the state of
lllinoi-n, rrprcstnltd^ in lite tivueral Jisavinhly^ That s.ction
Rtx and «even of an act entitled *'An act to amend the
charter ol the city of Springfield," approved Fel)ruary 14,
A. I). IH.').'>, and upction four (1,) of article thirteen ( lo,)
of an act entitled "An act to reduce the act incorporating
the city of Springfield and the several acts amendatory
ihfmof into onr. act, and to amend the sam« ," approved
March 2d. A. D. 1851, be and the same are hereby repealed:
ProvilntjKh^i the r.jieal of s lid sections shall not exempt
the city of Springfi Id from the paymetit of the amount

105l| ISfn.

now due to the county of Sangamon^ as provided in tlip
seventh section of said first amiiidiMl act, but tiie satin* or
so much tliereof as remains unpaid, ohatl be made in tl e
same manner as if said section hud nOt been repealed.

§ 2. The county court of Sangamon county may ^PJ'/p^^J,**'"" *'
appropriate a reasonable share of ihe public rt-venue
oolh'cted for county purposes f<»r the improvement of
roads and bridges in the city of Sprhigfield, and leading
to said cily.

^ 3. Tf:is act to take effect and be in force from and
after its passao;e.

Approvkd Feb. IG, 18;jt».

AN ACT to amend an act entitled "An act in amendniei.t of 'an act to Feb ic, \Bb~.
amend the Chicasio Hydraulic Company.'"

[Section 1.] Be it enacted by the people af the state of
Illinoii;, represented in the General ^Issemhly', That the
water commissioners named in said acts, aj)proved Feb-
lo, 18;")!, June 15, IS'yJ, and Feb. 15, ISoo, and their
successors in office, be and they are hereby authorized
and empnwered to loan, from time to time, as they shall
deem expedient, in addition to the sums named in the
said acts, the sum of five hundred thousand dollars, in Amount of uan«
the same manner and upon the same terms, condition,
guarantees and securities named in said ac;s; and this
act to be an amendment to and form a part of the said
acts to incorporate "The Chicago City Hydraulic Com-
pany," herein mentioned: Provided^ that no higher rate
of interest than seven per cent, per annum shall be paid
for any such loan made by authority of this act.

.Approved Feb. 16, 1857.

AN ACT entitled "An act to incorporalo Ewington Lodge, No. 119, of Feb. 16. 1857.
Freo and Accepted Masono.''

Section 1. Be it enacted by the people of the state of
it/inuiSi represented in the General *^.ssemhly^ That all
?uch persons as arc or may hereafter become and sliall
so remain members of Ewi,:gt'in Lod^e, No. 14i*, Free
and Accepted Masons, at Ewington, Effingham county,
Illinois, from and after the passage of this act, sliall be
and are hereby constituted a body politic and corporate,

lSo7. io:)2

wm* *^-.>t* •■ b> t!ie nnme unu style of "EwingtiM' Loili^o, Number On
Huiuired ;ind Forty-nine, ol" Fret» and Accepted M:\sons;'
and by that nanu; they and their successors shall hav
succession, an«l ^liall, in law, be capable of suiiiji; an
beint; sued, plealing and being impleaded, answering an
being an"«wered unto, in all courts of l;»w and ecjiiit
whatsoever; and by such name and style shall be capabl
of purchasing anil rectiving, by gift, dtvisc, grant, leas*
or otherwise, and holding and con\eying real estate, for
the use and benefit of said lodge: Proviilnl^ that sail
corporation shall not at any one time hold property to un
amount exceeding ten thousand dollars.
«r«M«M ^ -. For the |)urj)(»se of carr) ing into rtFect the objects

of this act the three highest offict rs of said lotlge shall
always be and they are hereby appointed trustees, to hold
their otfice? as such in said corporation, as appointed by
said lodge and qualified, from time to time.

vj 3. The said corporation shall liave power to make
such by laws and regulations as may be deemed necessary
for the governmenl uf its concerns and for the purchase,
lease or transfer of real estate.

§ i. A certificate, under the seal of said lodge, that
tlie said lodge has been duly organized, by the election
of the three iiighest otficers of said lodge, and recorded
in the office of the circuit clerk of Etfingliam county,
shall be evidence of the existence and organization cf said
lodge and incorporation.

5' .0. This act to take effect from and after its passage.

Approved Feb. ItJ, 18')7.

r^. t«, 1W7. AN *'■'■ ' 'Iji. .t I ontillod '-Ati act to reduce tho law

I , of (joiticy nixl the iiovcral acti amendatory

1 .'! to aiiK-ii'l the 8iirne.*'

Sectiu.n 1. lie it nuictfil III/ I he jirojilc nf the sidle itj
UUtiuUy rrprrsrnted in the. General ^issnnhlijy That the
city council of tli« city of Quincy, Illinois, be and is
hereby a<jthorizcd and » mpuwered, anything contained in
the act to wliit-h lhi<< i<i a supplement n)t withstanding, to
it^ue bond* to an amount not exceeding at any one tin e in
tb#i •Kgregtte the xuin of seventy-five thousand dollars,
•nd not bearing a rate of interest higher than eight per
cen». yr itnnum, the interest to be paid annually, or
•eminnnually, at the option of said city council.

; *-'. Thi't act »h «ll bo d«''-un(l a public act, and take
effect ar»<l bf in force from and after itn pas'iage.

Apraovru Feb. 16, l«67.

1053 1857.

AN ACT aniPiiilatorj' to tho nets incorjioratinp ami relating to the Pob. 14, 1867.
MiBsissippi ami Wabash Uailroad C'ninpanj'.

Section 1. Be it cnactn! by the people nf the state of
Illinois^ represented in tlie Gtnerat t/^.ssnnh/t/, That for
the purpose of facilitating and mon effectually securing
the early construction of .t^ertain portions of the said
Mississippi and Wabash railroad line, the said railroad
line witli all the stock, work, subscrijition •, franchise and
eflTects thereunto belonging, are hereby di\ided and set
apart into three divisions, to wit: All that portion of said
line with all the subscriptions, stock, effects and appur-
tenances lying and being west and north of the line of the western aiTi-
Northern Cross railroad from Quii.cy to Galesburg, *'""•
including the corporate subscriptions of the county of
Hancock and city of Warsaw, Illinois, and the city of
Keokuk, Iowa, be and are liereby set apart as the west-
ern division of said railroad. All that portion of said
railroad line lying and being, including all the sribscrip-
tions, stock, franchise an> effects, within and between the
said Northern ('ross railroad line and the Illinois river,
be and is hereby set apart us the central division of said
railroad; and all that portion of siiid railroad line lying
and being, together all the subscriptions, stock, franchise
and effects between the Illinois river and the east line of
tl'is state, be and is hereuy set apart as the eastern divis- Kastorn diviMon
ion of said railroad line; and that each and all of the said
divisions {foresaid shall respectively exercise and enjoy
all the rights, powers and pri\ ileges authorized and granted
to the company by the acts aforesaid, to which, this act is
amendatory.

§ '2. Tlie said divisions shall each be under the man- speciM v.nnd er
agement and control of a special board of three commis-
sioners, who shall be elected ann 'ally, on th^. first Wed-
nesday of each year, by the stockholders of each division,
respectively; the stockholders, private and corporate,
belonging to and within the limits of each division, to
have one vote, by person or written proxy, for each share
of stock upon which the installments then due are paid;
a majf^rity of the votes cast being sufficient and compe-
tent to elect; and the respective boards of commissioners
thus elected for each or either division shall have and
exercise all the powers of the original or whole board of
dirt ctors of said company, upon and pertaining to the
contracting, c<>nstrnctiijg and rompli.tiig their respt ctive
divisions of said road and operating tiie same; and shall
hold their offices until their successors are duly elected
and qualified. The commissioners, or a majority of them,
heretofore appointed by the biard of directors and now
acting uj)on the western division ol said road, Jeing
hereby authorized to act and have full powers as such

comiuiK8i<.nera

UakUtUM.

W«*4«r«il*lu«

190.-. 1051

ii.i;i their succesa....- «.. July elected and quulifieil; and
all nets and doings lieretoforo done by them by virtue
of th ir a()( ointment) is hereby declared valid an J (.flTect-
ive

^ o. The obligations and liabilities of the said railroad
cou)()any) heretofore created and ineurr< d, shall be equi-
tably and proportionately apnortioned to each of the
respective division's, each division to liquidate their just
ptuporuon of the .'^.iine, and eaeli division to be captiblu
of contractinq:, and l»e liable and be aljne responsible for
their own debt.^ or obligiitions contracted; and nothing
herein contained is int^-nded or to be construed to invali-
date or a)inul any contract, a{:;reenient or subscription
made by or to said railroad company.

§' 4. The liu-' of tile first sio.tion of the westerr divi-
sion of sail roail, to wit: Fronj Warsaw, by way of
Hamilton, to Cailhage, now located and contract shall
u)t be materially chan'j;e<!; but there shall be a branch
or an extension of said road from said line at or near
Hamilton, !o the easterly fhore of the main channel of
ihe MiN-^issippi rivrr, opposite the old limits of the city
of Keokuk, Iowa: ProriJtd, howevei'y that s;iid extension
shall not be made from the funds or subscriptions hereto-
fore made to said road; but shall only bu made when the
right of way is secured and additional subscriptions are
made for the purj)ose of such extension : »7/u/, provided^
further^ that said branch, and the line to War aw, sliall be
each construcltMl and optiated .is oiIht portions of the
line of road are constructed and operatid in Hancock
♦■ounty.

>. The line of the central divi.^ion of said road shall
!>• located and constiuctid by Canton, in the nonnty of
Fulton, Hiid may be extended and teriiiinatc at Peuria.

(J •». The western and central divisions may each or
eitlier conir.ict and coiumct with tin; Northern Cross
railfjad, and tin* western division may contract or con-
nect with the Warsaw and Rockfjrd railroad, to build,
^quip and operate the road botween Hamilton and
W.,

J . tolders of the central and eastern divi-

«i MJ5 on) lr»; i uii flection for three commis^sioners, each
^ < !" ir rep -ctive divisions, at any time previous to the
«;lection hereinbo'orc provided for, by notice being
gi ijLiper publish* J in the town of Can-

to.. >i Fulton, for thirty da^s previous to

«d. notice to he fligned by at leaii^ Ave

of Md'ng within th • cnlral or eautern

di caie may be, and rdmll state tiie time and

p|... w, ... elTfion to be held for muoIi divi;«ion; and
the commiiifionfrf thun elected shall act as such, anJ hold

1055 l«r)7.

their oflfici^s until their successors sliall b ■ duly elected
and qua'ifii d.

5 8. The line of the secoiui section of the western sm*"'' »e«ue«
'ivij;ioii of sajd road, trom Carthage to the intersection or vi»»ob.
point of connecliun witfi t':e Northern Crvf-n railroad,
shnll be located upon such practicable route as may be
found expedient, so as to intersect or connect with the
said Northern Cross road at some point at or within five
miles south of the tnvn of Rushnell, on said Northern
Cross road, conditionc<l; and if there shall, within six
.Qonths from the passage of this act, there shall have been
• ubscribed, by bona J'uh' and responsible subscribers,
additional subscriptions or funds on or for and sufficient
to grade and tie the same betw»MMi Carthai^e and the said
point of intersection with the Norihern Cross road; but
should the requisite amount of additional ^subscriptions or
funds not bt; raised, sufficient to grade and tie the line
aforesaid within the time, a'? provided in this section, then
it will be competent and lawful for the commissioners on
the western division to select and adopt sucli other route
and point of intersection with the Northern Cross road as
they may find most practicabk' and expedient, not south
of Plymouth, in the county of Hancock, upon and for
w'iich there can and shall be a sufficient additional
amount of subscriptions or funds had t.: grade and tie
such line as they may adopt, at or north of Plymouth.

§ 0. This act to be taken as a public act, and to be
in force from and after its passage.

Approved Feb. 14, 1857.

AN ACT I.O iiicorporat.-' Ihe Saline ai'.l Ohio Rivrr R.iilro.:.! aiui Coal I'cb. i«, leoi.
Mining Company.

Section 1. Be it enacted by the "people oj the state af
Illinois, represented in the General *^ssemf>li/, That Eben
C. Ingersoll, Robert Ij*gersoll and William R. Rogers,
tli^'ir associates, heirs and assigns, be and they hereby
an c:»a?ed a body corporate, with perpetual succes- »ir««
sion, by the name and style of "The Saline and Ohio
River Ralroid and Coal Mining Company;" with full
power to build, maintain and use a railroad, from lowuocoi fcmi.
Home point within the county of Saline, and state of Illi-
nois, to some convenient and accessible point upon the
Ohi'> river, in the counties ot Gallatin, Hardin or Pope,
and state of Illinois; and with full power to extend the
game to some convenient point upon the Illinois Central

1857. 1050

railroail; with j^owcr to fix the amount o( capital stock;
to divi»1e, transfer and increase the same, at i>leasure; to
borrow money, and to pledge or mortgage its property
and franchises; to open books for the subscription of
Kfr stock; M issue bonds; to have a common seal; to enter

upon And run across all lands necessary for said road, and
to be accountable therefor in accordance with laws of
this state in sucIj case made and provided, and for the
tenements, side-tracks and sites for depots, switches and
turn-outs, engine houses, water stations, and all other
buildings necessary for tlie convenience and accommoda-
•mi n r;a;. tiou of Said railroud; to consolidate their capital stock
and franchises with any other railroad or coal mining
company; to conduct all the operations of coal mining, in
their cor}»orate capacity; and to contract, bargain and
agr« e with any j»arty or railroad comj)any tor the con-
struction, use or maintenance of said railroad; and, gen-
erally, to have all the powers and privileges necessary to
carry out the intt ntion of this act: 7*7Vyt7V/<v/, said railroad
shall be commenced within five and finished within ten
years from the date of the passage of this act.

§ 2. The said corporators, or a majority of them, shall
ha\ e full and absolute power to carry on said mining
business, and construct said railroad, and do all things
which of right may he done under this charter or necessary
to carry the same into effect.

§ 3. This act shall be deemed a public act, and shall
be in force from and after its passage.

Approved Feb. 10, 1857.

r«».l«.IW. A '^ ACT to incorporate tlio Pittdficld Ontral Uailrouil Company.

Skction I. Hr it niarfril by the j)r()j)Ir of the sfdfr oj
tllumis^ rrprrneulrd in thr (icnn'til *'/s.\rtn/i/i/ , That John
W.jod, Win. H. Cirlm, Wm. Ross, J. S. Kohcrts, James
Ward, M. Hay, lj)avid Preble, S. U. Gray, Fraiicin Utys,
Wrn. A. Grimshaw, James W. Gregory, L. E. Worcester,
G. J. Shaw, and lh"ir associates, successors and assignSf
are hereby creHf»'d a body corporate and ])o)iti , under
*••••»<•«•. the nnme and st^Ii- ..f '♦Tlip Pitt<<field Central Railroad
CompRry;" and by that name be and they arr. hereby
mad<- canab!* in law and in equity to sue and be sued,
plead and be impleaded, defend and be defended, in any
court of law and enuity in thii .state, or in any o'her plac;
to make, have an(f use a romtnon seal, and tli«* " une to
renew and alter at jdeasure; and shall be and are hereby

1057 1857.

vested with all the powers, privileges nnd immunities
whioh are or may be necessary to rarry into effect the
purposes and objects of this act, as hereinafter set forth.
And the sail company are hereby authorized and empow-
ered to locate and ronstru^t iind finally complete a rail-
road from the most elij^ible point, on tlie Jacksonville and
St. Louis railroad, in the vicinity of Whitehall, in Green Rauitcrro^
courity, by way of Pittsfield, in Pike county, to intersect
the Northern Cross railroad, at the city of Quincy, or at
the most eligible point on said last named road, in Adams
county, not east of Camp Point; nor shall said comjiany
lay out or construct their said road under the Mississippi
bluffs south of said city of Quincy. And for thi.^ purpose
said company are authorized, upon the most eligible and
proper route, to lay out their snid railroad wide enough
for a single or double track, through the whole length;
and may enter upon and take a strip of land, not exceed-
ing one hundred feet in width; and for the purpose of
cutting, embankments, stone and gravel, may take as
much more land as may be necessary for the proper con-
struction of and secuiity of said railroad: Pruvided^ that
Dothing in this act shall be so construed as to prevent the
corjjoration created by this act from uniting their road
with the Northern Cross railroad, at such point as may be
selected, on the Jacksonville and Carrollton railroad, at
or near Whitehall, in Greene county, upon such terms as
may be agreed on between «:aid companies: xlnd^ provided^
further^ that said company shall not be fully organized
and be capable of constructing their said railroad until
one thousand dollars per mile of the capital stock of said
company shall, in good faith, be subscribed and ten per
cent, thereof paid, agreeable to the provisions of the act
entitled "An act to provide fur a general system of rail-
road incorporations," passed November 5th, 1840.

§ 2. The capital stock of said company shall consist saptMstMk.
of one million of dollars, and may be increased to two
millions, to be divided into shares of one hundred dollars
each. The immediate government and direction of said
company shall be vested in five directors, who shall be Dir***^.
chosen bj the stockholders of said company, in the man-
ner heretofore provided, who shall hold their offices for
one year, after their election, and until others shall be
duly elected and qualified to take their places as directors;
and the said directors, a majority of whom shall form a
quorum for the transaction of business, shall elect one of
their number to be t!ie president of the company; that
said board of directors sfiall have power to appoint all
clerks, secretaries, and other officers, necessary in the
transaction of the business of said corporation.
—89

1857.

1058

>»• 'Cf*

B««ki it *»r ■

Ota*r»cuoa«

r>a4

to cAUia t J^

^ [\. Tlio said corporation is hereby autliorized, by
tlu'ir aptnts, surveyor?, ami tneiiuHrs, to cause such
surveys to be nunle of tlie groiuuT ami country between
the points herein iKiUied us shall be necessary to
deteriuiue the most advantageous route for the proper
line or course whereim to construct their said rail-
road; and it sliall be lawful for said company to enter
upon and take possessinu of and use all sueh lands and
real istate as nay be necessary for the construction and
maintenance of tin ir said railrond : /';•(/<•/</<</, that all
lands or real estate entered upon and taken possession of
and used by said corporation, lor (he purpose s and accom-
modation uf said railroad, or upon which the site for said
railroad shall have been located or ileterniined by the said
corijoration, shall hi* paid for by said company, in damages,
if any be sustaimd by the owner or owners thereof, by
the use of the same, for the purposes of the said railroadj
and all lands entered upon and taken for the usu of said
corporation, which are not donated to said company, shall
be obtained and paid for in th«' manner provided lor taking
lands for the construction of public roads, canals ai-d
other jiublic works, us prescribed in the act concerning
right of way, approved Niarch od, 184.'">. .

§ 4. If an} person shall willfully, maliciously or wan-
tonly and contrary to law, obstruct the passage of any
car on said railroad, or any part thereof, or anything
belonging thereto, or shall dama<^e, brtak or de.^troy any
part of the said railroad, or iniph inents or buih'ings, he,
rIip, or they, or any pj-rson assisting, shall forfeit and j>ay
to said company, for e^ery such otfenee, trebh the amount
of damages that shall be proved before competent court
\nn been sustaitied, and be sued for in the name and
behalf of suid company; and such olfender or oirend<'r3
fhall be deemed guilty I a misdt ineunor, and shall be
liable to in(iiet.n*-rit, in tl.'' same manner u'i other indict-
ments ar*; tound, in any county or counties where such
otTencfr hIihII have been committed; and, upon conviction,
every Kuch ofTender shall be liable to a fnio, not exeeeding
five lliousHtid dollatji, for the use of the county where such
iodirtmeiit may be found.

( .*». Th" time of holding the annual meetings of Haid
company, for the election of^ directors, shall be fixed and
determined by the by-Iaw<! of said rompany; and at all
neetingt each stockholder shall he entitled to a vote, in
person or by lawful proxy, or»e vote for each share of
itock he or she or they may hold, fjujia jidt:^ \\\ said com-
pany.

§ C. The persons named in the fir^t section of thin act
•re hereby apj^ointed eommifsioncrfi, who, or a rnRJr)rity
of whom, are hereby authorized to open subscription

1059 1867.

fc ~— ^-^

books for said stock, at such places as they may dettn
proper. The said commissioners shall require each sub-
scriber to pay live dollar:* on each share subscribed, at the
time of subscribin>4; and whenever two hundred thousand
dollars shall be subscribed the said commissioners shall
call a meeting of the stockholders, by giving thirty days'
notice, in some newspaper printed in the county of Pike;
and at sucli meeting it shall be lawful to elect the direct-
ors of said company; and when the directors of said
company are chosen the said commissioners shall deliver
said subscription books, with all sums ol money received
by them as commissioners, to said directors. No person
shall be a diiector in said company unless he shall own at
least five shares of the ca})it:il stock.

§ 7. The right of way and the real estate pur-
chased for the right of way by said company, whether by
mutual agreement or otherwise, or which shall become
the property of the company by operation cf law, as in
this act provided, sliall, 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
tlie company in fee simple.

§ 8. The said corporation may take and transport Anirco/iran.-
upon said railroad any person or persons, merchandize p^"^'**'*"
or other property, by the force and power of steam or
aninidls or any combination of them, and may fix, estab-
lish, take and receive such rates of toll, for all passengers
and pro]>eriy transported upon tiie same, as the directors
shall, frum time to time establisii; and the directors are
hereby authorized and empowered to make all necessary
rules, bylaws, regulations and ordinances that they may
deem necessary and expedient to accomplish the designs
and purposes and carry into effect the provisions of
this act, and for the transfer and assignment of its stock,
which is hereby declared persotiai property, and transfer-
able in such manner as shall be provided for by the
by- laws and ordinances of said cor])oration.

S 'J. ThtJ directors of said company, atter the same is ^n.^ki for »•»•

• 1 I II 1 1 I • I bcriplion.

organized, shall have pu.ver to open books, in the manner
prescribed in the sixth section of this act, and to fill up
the additional one million dollars of stock, or any part
thereof, at such times us they may deem it for the interest
of said company ; and all tlie installments required to be
paid on the stock originally to [m taken, and wiiat may
be taken to increase said capital, ^!lJtil be paid at fuch
times and in such sums as said directors may prescribe.

§ 10. In case of the death, resignation or removal of VMaB«r id oOm
the |»resident, vice president or any director, at any ti.no
between the annual elections, such vacancy may be filled
for the remainder of the year, whenever they may happen.

1?5*.. 1060

by tlie board of dirootors ; and in cose ot" absence of the
president and vice urcsidrnt the board ot directors shall
have power to appoint a president, jiro /cinporty who sliall
hn»"e and exercise such powers and lunctions as the by-
laws of said corporation may ]>rovide. In ease it should
at any lime happt n that an eleoti(Mi shall not be held on
an) day on which, in pursuance of this act, it ought tc be
held, the said corporation shall not for that cause be
deem»^d dissolved, but such election shall be held at any
other time directed by the by-laws of said cor])oration.
tK«**i »"•»>• § 11 That when the lands of any y<"//i»'ip rr;?rr/, per-
lJ*w«r*^ "* ' son undtr ai;e,j nan cn/npos TnentiSf or out of this state,
shall be taken in the construction of said railroad, as is
provided by this act, the said corporation shall pay the
amount that shall be awarded as due to said last mention-
ed owners, respectively, whenever (he same shall lawfully
be demanded; that tt) nscertain the amount to l)e paid to
the jit rsnns named in thit section, for lands taken for the
use of said corporation, it shall be the duty of the jud{:;e of
the fifth judicial circuit, upon notice given to him by the
said corj'oration, to fii)point three commissioners, to be
persons not interested in the matter, to determine the
damages which the owner or owners of the land or real
es'ate so enter* d upon by the said cor|)oration, has or have
sustained by the occupation of the same ; and it shall be
the duty of said commissioners, or a majority of them, to
deliver to said corporation a written statement of the
awards tliey shall mnkr, with a description of the land or
real estate so appraised, to be recorde(| by tli«'Sai(l corpora-
tion in the clerk'^' otTii-e in the county in which the land or
real estate so appraised sliall be ; and tlitri the said enr-
poration sliall be deemed to be seized and possessed of the
fee sim^ile of all such lands or real estate as shall have
be«n appraised by the said commissioners.
9*tm>rf «r >■■ X J 'J, That whenever it shall he necessary for the con-
h.»hw,t^tu struction of jiaid railroHd to intersect or cross any water
COMj-e or any road f)r highway, lying bi-tween the points
efor*»' lid, it shall b» lawful for the cor|)oration to con-
ftruct their railroad across or upon die same : Provit/edf
that tiiw corporation shall restore the water course or
road or highway, thus ir)tfrsecl»Ml, to its former state, or
in a vufficient manner not to have impaired its usefulness.
•''*»'• ;,' V). That the capital stork of said company may bo
increased from two million dollars to three million dollars,
from time to time, by new subscriptions, if such increase
shall be found n«»ces(iary to fulfill the intention of this act,
Up"»n the director'J, for the time being, giving the, notice,
•1 herein required, previous to thf opening of the subscrip-
tion book« for the original stock ln-rein ; and that all Htock
of said corporation shall bo deemed personal properly, and

1061 1857.

transferable in such manner as the said corporation shall,
by its by-laws, prescribe.

^ U. Tiiat it shall be lawful tor the tlirertors to re-
quire payment of the sums subscribed to the capital stock,
at such times and in such proportions and on such condi-
tions, as they shall deem fit, under the penalty of the for-
feiture of all previous payments tliereon, and shall give
notice of the payments thus required and of the place and
time when and where the same are to be paid, at least
ninety days previous to the payment of the same, in some
public newspaper of this state, published in some one of
the places where the notice of the opening ol the books
for subscription to the capital stock may have been pub-
lished.

§ 15. The width of said railroad is to be determined wijih cf ro»<i.
by tlie said corporation, within the limits prescribed by
the first section of this act.

§ 16. The said corporation may, for the purposes of
locating, constructing and maintaining said road, borrow
money, at an interest not exceeding seven per cent, per
annum, and pledge the road and all or every pait of its
})roperty and effects, for the repayment tliereof ; and may
loan any surplus funds, at such rate of interest as is now
allowed upon money loaned. If a railroad shall be con-
structed between any of t!ie points herein named, the cor-
poration shall continue to exist, and have, use, manage
and contract the same, as though the whole length of said
road had been completed.

Approved Feb. 16, 1857.

AjV act to incorporate the Rock Island Coal and Coke Company. Feb. le, 1957.

Section 1. Be. it enacted hy the prnj)le of the state of
I/linoi.<{y represented in thp (reneral %/J-!seinhlfj,T\\di\. Alon-
zo Blossom, William D. Williams, Edward B. Judson,
George S. Comstock, B. Davis Noxon, Henry Van VJeck,
James Noxon, Thomas G. Alvord, Coddington B. Wil-
liams, their associates and successors, be and [are] hereby
constituted a body politic and corporate, under the name
and stylo of '" The Rock Island Coal and Coke Company," gty,^^
with perpetual succession, and with power, by that name,
to contract and be contracted with ; to sue and be sued ;
to have a common seal, and alter, renew or amend the
same at jdeasure ; to take and to hold, hy p"'rrhaso, lands
in the counties of Rock Island and Henry, in this state,
for the purpose of mining, coking, transporting and selling

1957. 1062

!>v*n«i ;.-..-, minernl coal, salt, lime, firo clay, and other minerals, and

•"* iu lie ni.nutrtcturo of uml sale ot [the proilucts of the land

now owiuil or heveafter to be owihhI hy them, not exfoed-
ini» ttu thousanil aeres, ami in the transportation vt' the
same, <r any of them, to home and toreign markets- ; to
lu'1.1 their meetings within or without the state ; ami to
have all powers needful for the successful prosecution of
their business, and for the execution of tlie powers herein
granted ; and, moreover, to apjioint all necessary a}!;ents
and officers; and to make such hy-Iaws and regulations
for the more thorough organization of s;Md company and
the prosecution of its business, within the meaning of this
act: Provuled, said bylaws and regulations are n<4 in-
consistent with the laws of this state or i>f the United
States ; and, moreover, with power to hold sucii personal
property, und to possess and erect such stocks, buihliiigs,
roadways, steamboats, barges and machinery, as may be
necessary for the purpose of mining, coking, transporting
and miinufacturing, in pursuance of the powers and privi-
leges granted by tlii'« act.

e»»iui»uxrk ^ .J ^\^^, capital stock of said company shall be one

hundred thousand dollars, divided into shares of oni' hun-
dred dollar;; each, with power, by vote of the stockhold-
ers, at a meeting duly called, to increase the said capital
stock to tlie sum of three hundred thousand dollars.

r*««r ut«tMa 5 *^. The sai<l company shall have the power and au-
'** thority to construct a railroad from any part of the hinds

purchas»'d or now owned by tlum to the Chicago and Rock
Island railroad, at or near Colona station, on said road,
and from thence to a point on the Peoria and Rock Island
railroad, at or near Coal Valley, on said road, in Roo^
Island county.

5 \. The right of way for said road or roads, to be
constructed undrr th«- provisions of this act, as alsodrpots,
landings, &c., may b«' obtained by said company, j-ithrr by
purchase, gift or grant, or in the mode presented by an
act of the jitate of Illinois, entithd '* An act to ameiid the
law condemning tin; right of way for purposes of internal
improvetnrnt," approved June liJd, 1S52.

»tr«ri«n. A f,. The directorM of said company shall consist of not

lem than three normnn- than seven, who shall bo eU.ctj'd,
annually, by the stockholders of the said eompany, at such
tim*" and place as the by-laws of said company may pre-
scribe. In each election by the stockholders of said com-
pany each Hhare of stock shall be entitled to one vote.

fMwto kOTT*w ^ »). Said company are hereby authorized, from time
"^ ** to time, to borrow morjey to an anionnt not exceeding the
capital utoek of said company actually paid in, and for
that j»urpoie may issue their bmls, with coupons attach-
ed, bearing interest at a rale not exceeding ten per cent.;

1063 1857.

and to iecure the same may execute one or more mort-
gages upon all or any part of the property of said compa-
ny ; which said mort^a^e or uiortgam'S, bein^ duly ac-
knowledged aud recorded in either Rock Island or Henry
county, in this state, shall be valid and etTectual liens
upon tlie property of the said company, to the extent and
for tlie purj)osc9 for which they are executed.

j5 7. This act shall take effect from and after its pas-
sage.

Approved Feb. 10, 1857.

AN ACT to amend the several acta amendatory of the city charter of ^*b. 16, 1867.
the city of filoomington, by extending the corporate limits of said city.

Skction 1. Br it vnacti'd hij the people of the state of
IllinuiSy rej)rescnted in the Gene?'al %iissenihlyy That for
the purpose of giving the city of Bloomington jurisdiction
over a part of Sugar creek, the western boundary of said
city shall be extended as follows : Beginning at the west Exten>ioBcf«»»r
boundary of said city, in the centre of Market street ; run- '
ning thence west along the centre of the Peoria road, to
the west end of Sugar creek bridge ; tlience in a north-
erly direction along the west bank of said Sugar creek, to
the centre of section ( 32,) town 24 north, of range 2 east ;
thence due east, one mile, to the centre of section (33,)
town and range aforesaid ; thence due south, to the north
boundary of said city : Provided^ that all farming land, not
laid off in lots, within the aforesaid boundaries, shall be
exempt from city taxation: >dnd, provided, also, that noth-
ing in this shall authorize the city of Bloomington, in any
way, to interfere with the vested rights of the St. Louis,
Alton and Chicago Railroad Company to the use of the
water of said Sugar creek.

^ 2. This act to take effect and be in force from and
after its passage.

Approved Feb. 10, 1857.

AN ACT to incorporate the Henry Female Seminary, in Marshall county, feb. i«, iSM.

Illinois.

Section 1. Be it enacted by the people 'J the state of
Jllini>i<i, represented in the General ^l-tsem^dy^ That
Ephraira Hough, Elijah Smith, George S. Curtis^, Nehe-

1*»6T. 1064

miah Morritt anil H. G. Poiullt'ton, and tlioir successors,
whom H majority of the boirtl are autliori/ed to appoint,
be ami are lier» by constitutpd a body politic :ind corpo-
rate, known by tite nanu' and st\le ol "Hoard ot' Tinstees
of the PtTpt'tua! Fund for tlie Tuition of Iiuligmt Youth,
in lit nry 1\ male Stininary," located near Henry, Marshall
county, Illinois, with powi-r to sue ami be su«'d ; to ac-
quire, hold, sell and transfer both reul and personal ]>ro-
perty, by any and all usual modes as individuals may or
can c'o.
otiMKrf ••rf»- § '2. The object of this corporfltion, together with the
'*"*■ proj»rietors of the seminary, is to pron^ote the cause of

education, by establi-^hing and endowins; a first class sem-
inary, csj>ecially with relerence to (jualif}iniir teachers for
common schools, and to assist, by j^rant of tuition until
able to refund it, such indigent youth of promise, irres])ec-
tivt' of sectarian scntiiiients, as may wish to become teach-
ers, and as may be designated l)y said board of trustees.

^ 3. To carry out and attain the object of this corpo-
ration the board of trustees may, in detail, adopt such by-
laws, rules and regulations as to them shall seem best cal-
culated to secure the end proposed : Pruvidvd^ said by-
laws, rules atjd regulations do not conllict either with the
personal rights' or interests of the projirietor of the said
Seminary, or with his s de right to manage the internal
afTairs of the family and school, or with the laws or con-
stitution of this state or of the United States ; and all such
by-laws, rules and revjulations as are in conformity there-
with .sliall he as binding and valid as if enacted at large.

^ 4. The board of trustees shall have power to use a
common !jeal,and confer graduating diplomas or other cer-
tificates of literary attainments, as may tend to encourage
thoroughness nf scholarship in the members of the semi-
nary and may be of use to them in the various depart-
in»'nt« of nocial and publitr life, especially that of teaching;
•nd said seminary sli.ill he entitled to a suit** of the speci-
mern to be colhcted undei tin; fourth section of an act for
a geological and minrralogical survey of this state, ap-
proved February 17, 1H51.

§ •'. The five (.')) acres of land, being the northeast
corner of the southeast forty of the southeast quarter of
fection eight (H,) t )wr) {V-\) thirteen north, range (10)
nine eant, perlainitig to the s' rninary, together with the
buildingu thereon, for educational purposes, tin ir furni-
ture, apparatui, library and fixtures, with such funds as
are or may be hereafter raised for a permanent fund, to
•a«ist tlic indigent, provided they all do not exceed one
hundred thousand dollars in v.'due, sliall he forever exempt
from taxation, for town, city, county or state purposes.

10G5 1857.

§ 6. This act is hereby declared to be a public act,
and shall be in force from and afler its passage.
Approved Feb. IG, 1857.

AN ACT to incorporate the New England Society of Quincy. ^*^' i^' '^'^•

Section 1. lie it enacted by the people of the state of
lUinois, represented in the General »,^fsembly^ That where-
as it is a nseful and praiseworthy object to cherisli the
memory of virtuous ancestors ; and whereas Adams Nich-
ols, Charles A. Savage, Charles H. Howland, Samuel P.
Church, Newton I lagg, Allen Comstock, William B. Pow-
ers and Samuel Hnluies and others, regard the early
gettkrs of New England as entitled to tlie respect and
veneration of mankind, and especially of their descen-
dants, and have, for the pur}tose of perpetuating the
memory of said early settlers, and of extending charity
to the needy of New England birth or descent, their
widows and orphans, and of promoting virtue, know-
ledge and all useful learning, associated themselves to-
gether, under the name of "The New England Society Nam*-
of Quincy," and have formed for themselves a constitu-
tion ; now, therefore, the said persons above named,
their associates and successors, are hereby created a
body corporate and politic, under the name and style corporate po^
aforesaid, and are hereby made capable, under the name
and style aforesaid, of contracting and being contracted
with, suing and I eing sued, of pleading and being im-
pleaded, ot answering and being answered in all courts
and places, with full power to acquire, Imld and enjoy
sucii property, real and personal, as they may deem ne-
cessary and proper to promote the object of said corpo-
ration ; and to use a corj^orate seal, and to alter the same
at pleasure ; they shall have power to amend and alter
their constitution aforesaid, or form a new one, and enact
by-laws for their government ; to make all necessary regu« B«i*i»ticM.
lations for managing their fiscal concerns and apj'ointing
officers; and may do such other acts as may be necessary
to effect the objects of their incorporation : Providedy
hoirercr, that said constitution, by-laws and regulations
shall be consistent with the constitution and laws of tho
United States and of this state.

1867. 10G6

Agyy fu.* .-i ^ '2. No part of tl>e fiimls of said society shall at any
time be iinj>lo)tHl iu bauking, n >r shall said society issue
certificates of tlenosites or drafts on the trea.'^ury of said
corporation, which can, in any manner, be used as a cir-
culating medium; and no part of the funds of said corpo-
ration, or tlie income therefrom, shall ever, during tho
continuance thereof', be divided or po to the members or
stoekliolders as capital or profit there )n ; but the funds
that may be received, and tlie income therefrom, shall be
devoted to the |)urposes of the association aforesaid.
Approved Feb. IG, 1857.

f«. i«, l*5T. ,\^\ A("^T to prevent cattle, horses and all other animals from runiiing

at large in tlic township naiued in tLiH act.

Section 1. Be it cnac/et/ by the people of the stiitc oj
llliiunsy rcpreacnted in the (renrra/ /hscrnfi/f/^ That it shall
not be lawful for the owner or owners of any neat cattle,
horses, mares, colts, mules, j.icks, jennie", swine or sheep,
to permit any such animal or animals to run at large in
the street, c»r in uninclosed fields, or on the j)rairie, in

Mmmam*. the town of Rosemond, in Christian comity, and state of
Illinois, embracing in said territory town.'-hip No. eleven
^^11 1 north, of range No. one (H west of the third princi-
pal meridian, and in the county aforesaid.

Umtikitttmm. S 2. The owner or owners of any such animal or ani-
mal? shall not permit any cattle, horses, mares, coItS|
mules, jdcks, jennies, swine or sheep, to run at large in
the township af(>resai»i on any prairie, field or street
in said township, UIl!e'^^ th" prairie or field in whicli
said animal or animals shall be is inclosed by a good and
substantial board or rail fence, well built, of good mate-
rials, and at least four and a half feet high ; and the ow?ier
or owners of any such animal or animals, who shall per-
mit the same to run at large, on the prairie, in the street,
or in any field n t fenced and inclosed in the manner
aforeiaid, he or they shdll forfeit and pay not less than
three nor more than ten dollars, to be recovered in a (/ui
ta»it ucti}n, by any person who will sue for the same -one-
half to so to the person suing for ihe same, and the other
half to De paid to the treasurer of the township, for the
uie and benffit of the schools in said township ; and tho
person so ofTendi.ig hIihII also be liable to pay any damage
arising to any individual by reason of said animal or ani-
mals running at large, in an action of d«;bt, for the trefl-
pa«s committed by such animal or animals, in violation of

10G7 1857.

this act. Justices of the peace in said township, or any-
where in said county, shall have jurisdiction to recover
said penalty, and al?-' for any suit brought to recover the
damages arising or accruing to any person or persons
by any person or persons permitting such animals to run
at large, without having the same inclosed by a good and
legal fence, as aforesaid : Provided^ that the damages
sustained do not exceed one hundred dollars.

§ o. This act to take effect from and after its passage.

Approved Feb. 16, 1857.

AN ACT to incorporate the Dearborn Seminary, in Chicago. Feb 16, 18W.

Section 1. Be it ejiacted by the people of the state of
Illinois, I't presented in the General ^Jsseinhly^ That E. S.
Wilkins and others, be and they are hereby incorporated,
by name of "Dearborn Seminary of Chicago," and shall
have all powers to promote the objects of a literary insti-
tution.

§ 2. This act to take effect from its passage.

Approved Feb. 16, 1857.

AN ACT to vacate certain alleys in the town of Carthage, Hancock Feb. le, I8<n.

county.

Section 1. Be if enacted by the people of the state of
Illinois^ represented in tlie General ^^.ssembly, That all the
alleys in blocks twenty-seven (-7,) twenty-ei^ht (28,)
and thirty-lour (?)4,) and the alley running east and west
through block thirty- nine (3'J,) in the town of Carthage,
in the county of Hancock, be and the same are hereby
vacated.

§ 2. This act shall take effect and be in force from and
after its passage.

Approved Feb. 16, 1857.

1851. 1068

iraatcd.

It, layt AN ACT to Incorporate the Morris Gab Light and Coke Company.

Skction 1. Be it euarted hy the people oj the state oj
ItlinoiXy represented in the Genera/ *'9ssemb/t/. That John P.
Chapin, W. S. Hopkin?, C H. GooUl, L. V. Lott and
Geort^e W. Lane, and thtir as'ociatt'S, sncoossors, lieirs and
assigns, be jwul they are liorehy created a hody corporate
and politic, with perpetnal snccession, by tlie name and
i«*u4 tif« style of * 'The Morris Gas light anil Coke Company;"
and by that name they and their successors shall be ca])a-
b!e in law of contracting and being contracted with,sning
and being «ued, defeniling and being defended, in all conrts
and I'laces, and in all matters whatsoever ; with full power
to acijiiire, hold, occupy and enjoy all s ich renl and per-
sonal estate as may be necessary and proper for the con-
struction, extension and usefulness of the works of said
company, and for the management and good government
of the same; and they may have a common seal, and the
s.nme may alter, break and renew at pleasure.

§ •_*. The corporation hereby created shull have full
power and authority to manutacture and sell gas, to be
made from any or all of the substances or a combination
thereof, from which inllanunable gas is usually obtained,
and to be used for the purpose of lighting the town of
Morris or the streets thereof, and any buildiiig."^ manufac-
torie«?, public places or houses then in contained, and to
erect all necessary works and apparatus, and to lay pij)es
for the purpose of conducting the gas in any or all the
streets, avenues or alleys of said town, with or without
the consent of its corporate .luthoritics : Prori//) (/, thnt no
permanent injury or damage shall be done to any of said
street", avenues or alleys in said town. The real estate
which this corporation is entitled to hold shall not exceed
in value seventy- five thousand dollars.

5 '•\. The capital stock of said company shall not ex-
ceed three hundred thousand dollars, to be subscribed for
and p lid in such proportion as shall be prescribed by the
by-l.iws and rules for regulating the concerns of sai(! com-
pany.

$ 4. The corpo|;ation hereby created, when organized,
fliall be under th'- direction of five directors, all stock-
holders in said company, one of whom shall bo elected
prcnidrnt; and they shall j)rescril)e by-laws and rtiles for
regulating the concerns of said cf)nipMny, the arrangement
ana disposition of the stock, properly and estate of the
company, the duties of officers, artificers and agents to be
employed, the number and election of officers and direc-
tor», and all such matters us appertain to the concerns of
the company.

ftWl MVIU

tui«t-««

1069 1857.

§ 5. Said company shall have the exclusive right and ExciusiTo riikt
privilege of supplying tlie town of Morris and its inhabi-
tants with gas, for the purpose of alFording light, for twenty
years : Pruvidi J^ that they shall be organi/.-'d and ready
to supply said town and its inhabitants with gas, to the
extent })rovided »or in this bill, within two years from the
passage of this act; and may borrow money, and for such
purpose may issue bonds and mortgage its property, loan
surplus funds they may have o:i hands, and take mort-
gage or martgages on real estate to secure the payment
of the same.

§ G. This act shall take effect and be in force from and
after its passage.

Approved Feb. IG, 1867.

AN ACT to authorize the county of Massac to make a turnpike road. Fob. I6, isor.

Section 1. Be it enacted by the people of the state of

Illinois^ i-tprcsentid in the Genera/ j9ssenihhj^ That the
county of jNIassac be and is hereby a.uthorized to construct
a turnpike road across the Cache ponds, in said county, i oration ertnTi-
at or near where the Metropolis and Vienna road now
runs, beginning on said road at the half section corner
between sections twenty-two and twenty-seven, township
fourteen south, of range four east; from thence a north-
westerly direction, on the most direct and eligible route, to
intersect the Metropolis and Vienna road, in section nine,
township fourteen south, range four east. And when said
turnpike road is completed or put in traveling condition
the county court of said county shall vacate so much of
the Metropolis and Vienna road as lies between the points
above mentioned.

^ *2. The county court of Massac county is hereby oonnty conn u
authorized and empowered to erect toll gates on said road, *'" "
and to collect tolls, not exceeding thirty cents for four-
horse or ox wagons ; twenty -five cents for two-horse
wagons; fifteen cents for all pleasure carriages, buggies
and other vehicles; for a man and horse five cents; for
every horse or mule, single or in droves, three cents; for
every head of cattle, single or in droves, two cents; every
hog, shoat or pig one cent; for every head of sheep in
droves one cen:.

S ;'). The county of Massac is hereby authorized end P»«»i«i»"» Hr

1 11 • "1 r 1 1 mh\ ttf W»7.

empowered to contract with the proprietors of land over
which said road may be made, for the right of way: and
in caie the said county shall not be able to contract with

E«M '• «f •'

1?57. 10 TO

such jirbpriotort for the right of way as aforesaid, tlien
and in that c.se the said county may proceed to condemn
the riglv.t of way over the lands of' such proprietors in the
same manner th.\t is now provi led by law for the con-
demnation of lands of private proprietors for roads. The
said right of way shall be one hurdred feet in width.

^ 4. The county court of Massac county is hereby re-
quired to maintain said road, and repair and keep the
same in good comlition for the safe passage of all wagons,
carriages and vehicles, stock and passengers herein men-
tioned ; and for that purpose shall expind so much of
the tolls arising Irom travel over said road as miiy bo
necessary and expedient, and if there shall remain any
surplus after the expenditure of the tolls as'af)resaid, such
surplus shall be appropriated to the purpose of making and
improving of sucli other roads as the county court of said
county shall direct. Tliis act to be in force from and after
its passage.

Approved Feb. 10, 1867.

It, IM7 AN ACT to repeal "An act to anthori/o the lran?prlbing of certain

records in Randolpti county.

Skction 1. Be i/ eiiacfed Uy the people of the state of
WinoiSj represented in the (reneral Asseinhly^ That all of
an act entitled *'.\n act to authorize the transcribing of
certain records in Randolph county,'' ajproved J'ebruary
14, ls.'>5, except the fuili section, be and the same is hereby
repealed.

^ 2. The county court of said RandMlph county is hereby
empowered to employ some com|)etcnt person to complete
the transcribing of the records j)rovi«led for in the first
flection of said act, and allow him a reasonahh; compensa-
tion for the «iame, if, in tin* judgment of said court, the in-
terest of .i:iid county n-i|iiirrs the completion of the same.

§ Jl. When the said r»'Cords are transcjibiMl, according
to the proviiions of suid act, they shall be taken as prima
fneif evidence of title \n all suits at law or in efjuity in
tliif ftatp.

f 4. Thii act shall take eiTect and be in lorce from and
•Aer its pa^Hage.

Appkovkd Feb. 10, 1857.

1071 18fl7.

AN ACT for the relief of Gallatin ^wnty. 7eb le, imt.

Section 1. He it enacfed by the people of the state of
Illinois^ represented in the (Jenerai *is.scm/)/i/y That al^
the linds belonging to the state of Iliinois, which are
situated in the county of Gallatin, in this state, and which
were purchased by the state of Illinois from the United
States, be and the same arfi hereby j^runted to the said
county of Gallatin, to be held and disposed of by said
county, for the purposes and upon the same conditions and
under the same restrictions that said county lioldsthe swamp
hinds under an act entitled "An act to dispose of the swamp
and overllowed lands and to pay the expenses of selecting
and surveying the sume," ;ij)j)roved June 22, 1852.

j^ 2. This act shall be in force from and after its pas-
sage.

Approved Feb. 16, 1857.

AN ACT donating to the town of Mt. Tulaeki.in Logan county, the old 'eb. 19, war.
court house, in sai'l county.

Whereas, by a vote of the citizens of Logan county, the
seat of justice of said county has been permanently re-
moved from the town of Mt. Pulaski to Lincoln, in said .
county ; and whereas the late court house, at Mt. Pulaski,
is located upon the public squate of said town, which
was never conveyed to said county ; and whereas the
citizens of the town of Mt. Pulaski and those adjoining
thereto built said court house, from their own jirivate
means ; therefore,

Section 1. Be it enacted hy the people oj the state of
Illinois^ represented in the General ^^ssenihly^ That the
old cotirt house, in Logan county, located in the town of
Mt. Pulaski, in said county, be and the same is hereby
donated to said town of Mt. Pulaski, to be held, kept and
used by said town, for school and seminary purposes for-
ever.

§ 2. That Henry Vanderleith, George W. Turley, and Tr .ic«t »r m4<<
Jab. z Capps, be and the same are hereby created a board
of trustees, who shall hold their offices for two years, from
and after tlic passage of this act, whose duty it shall be to
take charge of and keep in repair said building, for the
pur[iOses aforesaid. Said trustees shall have power to
rent or dispose of any vacant rooms in said btiilding, as to
them may seem proper — the proceeds arising therefrom
to be devoted towards the repair of said house.

1857. 1072

i.»k. , . 0.' 5 "• That Irom ami aftei the expiration of two years,
***' ' ' ''* from the passa.^e of tliis ai't, said ln>iisr shall hv umltT the
conirol and supervision of (hr !>i),iril <»f school liirt'Olors of
the schoi»l dislrici in whic said town of Mt. Pulaski is
situated — to be kept and used by t.iein fir school pur-
poses — at which time the power of said trustees above
namt'd shall cease.

jj 4. Any power or authority that the county court of
Logan county may have exercised over said i)udding shall
cease, from and after the passage of this act.

§ 6. Tiiis act to be in force from and after its passage.
Approved Feb. 10, 1857.

Ju*l,ias7. AN ACT to amend an act entitlcil "Ait act to incorporate tbo Virpiiiua
Seminary of the Cumberland Presbyterian Cburcu," approved June
IS, 1S52.

Section 1. lie it enacted hi/ the people of the state of
lUinoviy represented in the General ^sseni/di/^ Tliat the
name of "The Virginia Seminary of the Cumberland
Presbyterian Church," incorjiorated by the act recited in
the ti'ie h»reof, shall be and is hertby changed to tliat of
" Uni m College of the Cumberland Presbyterian Church;"
by which name the said corporation shall succeed to and
have, hold, use and enjoy all the property and effects, of
every kind, now held, owned or used liy or in the present
name.

fr^mm. ^ .J. That Joel Knight, W. S. Campbell, R. D. Taylor,

James White, K. C. Hill, J. H. Logan, M. II. S. Schooley,
H. O'Neal, A. \V. Lansden, A. II. Goodpasture, H. H.
Hall, W. Shirley and Henry E. Diimmer, are hereby de-
clared to be trustees of tho said Union College, as suc-
ceifors of the prcst nt board of trustees, with all the
p*»wfT9 and riglits. and subject to all the liabilities of the
said present boarrl.

9mm^rvmtt%, ^ :',. The Haid corporation shall have and exercise all
the rights and powers, in relation to the conferring of
ftcademieal, collegiate or other degrees, conferre*! u|)on
or uaually exercised by any other colleges and universities
in this Htat.;.

tj 4. Ttiut tli»! powers and rights granted to and exer-
cised by the Sangamon Presbytery of the ('umlierland
Pfpibyt«-rian Church, be contrrred Uj)on and rxercised by
th#! Synod of Sangamon, and the Synod of Illinois, of the
Cumberland Presbyterian Church, and such otln.rs synods
M mayi by their consent, bo associated with them.

1073 1857.

§ 5. So much of an act to which thi^ is an amendment
as is incou^iistent with the provisions ot this amendatory
act is hereby repealed.

§ 6. Tijis act shall have iiH the force and effect of a
public act, and be in force from and after the first day of
June, A. D. 1857.

Approved Feb. 10, 1857.

AN ACT to a ithorize Sylvester Talcott to build a dam acrpss the Peca- Feb. i6,'jstn.
tonicii river, in Wii nebago county.

Skction I. Be it enacted by the people of the ftfale of
Illinois^ represented in the General ^^ssenihly. That Syl-
vester Talcott, his heirs or assif^n?, be authorized to con-
struct, build and maintain a mill dam on lands they may
now or hereafter own or purchase or lease, six feet high
above low water mark, across Pecatonica river, in the
county of VV^innebago, to be called the "Shirland Dam;" Kam«ofd»».
and also that he or they bo authorized to construct and
continue a race or canal down the river all on lands situ-
ated on fractional sections thirty or nineteen, township
forty- six north, range one east : Provided, that said grants
shall not be construed to prevent the state from improving
said Pecatonica river, by dams and lock?, or in any other
way, at any time hereafter, for the purpose of slackwater
navigation or otherwise.

Ttiis act shall take effect from and after its passage.

Approved Feb. 16, 1867.

AN ACr to amend an act entitled "An act to ircorporate tlie town of fe'. 1". Hi**.
Woodstock," api)roved January 22, 1852.

Section 1. Be it enacted hij thj people nf the state of
Illinoiiy refiraented in, the General »dsseinhly., That the
board of trustees of said town may, once in each year, at
such time as tliey deem proper, order an assessment to be
taken of all the real and personal property in said town;
and may, by ordinance, prescribe hU necessary laws and
rules to govern the assessor in making such assessment,
equalizing the same, and making his return thereof to the
clerk of the board ; and may, by ordinance or otherwise,
confirm the assesiment, when so made, or may make re-
ductions and equalizations to the same ; and may at any
— 9u

1»57. 1074

time after llio return tieroof, either at a rogiilHr or special
meetiix; ottlu' board, cither by resolution or ordinance, levy
a t&x thereon for any purposes required, not exceediiip; the
nite mentioned in the act to which this is an anieiulnient.

•«t^'«ij«iv« ^ ll. The cleik shall furnish to the collector a true copy

of the correcteii assessment list, and the taxes levied
thereon, and shall attach tlu m to a warrant ordering the
collector to collect the same of the real and personal pro-
perty of the respt ctive persons theiein mentioned: who
shall tlu'reujion proceed to collect the same in maiunr
prescribed by law lor collectors in counties having town-
ship organization; and shall receive the snme i'tvs there-
for, and m«y search for and sell property outside of the
coiporate limits of said town and within the county of
Mclltiiry ; or he may collect the same by suit, in the name
of the jire^ident and trustees of said town ; and the list
and warrant in his hands shall be suflicient evidence of all
facts therein contaiiud; and he shall pay all nio'ieys into
the treasury, when collected : PruvuUil^ he may publish a
notice in the corporation paper, recjuiring all persons
owing taxes to call at his office and pay the same forth-
with ; whioli notice shall be deemed, in law, a demand,
and a neglect to pay the same within twenty days shall be
Oeemed, in law, a refusal.

oe»i* i^c't f». §3. The collector shall make his return within sixty
days after he shall have received his warrant ; and if he
shall r»turn any of such taxes that he has been unable to
collect, the board of trustees, at a regular or special meet-
ing, may order the leal estate of the deliii(|uents to br sold
for the payment of such dilinquent taxes, a co|)y ol whi(h
order, signed by the cl« rk, together with the wairant,
shall be sufficient authority for liim to sell the same in the
manner prescribed in the next section.

A4««ru*«MMu. ^ 4. Hu shall ad\<'rlisc the same, in the i;orporation

r>aper, for thrm wecki prior to siirh sale, descril)iiig the
ands, in figurfcs, abbreviations or otherwise, with reason-
sblc certainty, with the name of the owner, if known, and
the several amourjt'j of assessments, taxes, interest and
costs ther*-on, with the time and place of sale ; and at tlio
lime fperifp'd in raid notice shall proceed to sell the sam«',
in the mrno mariio-r iis county trr.tstirers are by law re-
qMir«d to %f\\ landn for taxes, and shall receive the same
cornpenialion {or the same ; and if no sntricient bid in made
to pay the amoutit agHiri<)t said land, he rhall strike it off
to the president and trustees, for the whole amount against
it. The landi (lold by virtue hereof m;»y he redeemed,
witli the clerk of the board, in the same time and iri like
matmer at Undi muy by law be redeemed when sold for
ftat« end county taxes.

1075 1857.

§ 5. If any land sold as aforesaid sliall not be redeemed Rcdempuon or
witliiu the time and in the manner jirescrihed by law, the Zi^uxl*. ***
purchaser sliaii receive a deed therefor ; which deed shall
be signed by tiie j)residt'nt and clerk, and attested by the
corporate seal ; which deed shall recite the proceedings
theretofore had, and shall be prima facie evidence, in all
cases, of the facts tlie prior proceedings in reference
thereto.

§ G. All taxes levied by virtue of this act and the act ^''"."p*"* ''""
to which this is an amendment shall be a lien upon the
real and personal estate of the persons against whom the
same are assigned, from the time the list is delivered to
the collector.

§ 7. Wlienever the board shall, by ordinance, require siJewaihi.
the building of iiny sidewalk, and the owner or owners of
land fronting on the same shall refuse or neglect to build
the same within the time limited in said ordinance, the
board may employ some person to build the same ; and
when completed shall ascertain the cost thereof, and levy
and assess the same, as a special tax, on the land of the
person so in default ; which shall be collected in the same
manner as other taxes in this act provided for; and no
part of the expense of sidewalks shall be paid out of the
tretsury, any thing in the act to which this is an amend-
ment to tiie contrary notwithstanding.

6 8. All money received for taxes, licenses, fines, for- Arproprinion ««
leitures and penalties, under the provisions ut this act and
the act to which this is an amendment, shall be paid into
the treasury of said town, and shall be subject to appro-
priations by tlie board of trustees for the various purposes
and expenses of the corporation.

§ 9. In case of removal of any trustee from the ward v»faDcr»iB««
for which he was elected his office shall be deemed vacant,
and an election may be held to fill such vacancy, on the
order of the remaining trustees in such ward ; and in case
of removal, death, inability or misconduct of any treasurer
and assessor, constable and collector, or street commis-
sioner, the board of trustees may declare such office or
offices vaca »t, and may appoint some person or persons to
hold the office or offices until the next regular election
under the charter: Provided^ that if the board think
proper they may appoint but one street commissioner for
both wards, who shall act for the whole town, under the
direction of the board.

§ 10. The boird of trustees shall have power to regu- Bjardofui
late, grade, plank, pave, improve and ornament the streets,
lidewalks, public squares, cemeteries and other public
grounds within the corporate limits of said town ; they
may make all such rules and regulations, (and in case of
riot and disturbance appoint as many special police offi-

IW7. 1076

CHS,) as tliry may think necessary for the preservation of
the peace and ^ooil order of tlip tc^wn : and they slmll
h«ve powi r tv) ileclare what shall be dernied a nuisance
in said town, and punish and remove the same.

ji 11. The board of trustees shall li:;ve power to make
all ordinances for the carrying into tffi'ct any and all the
powers created by this act and the act to which this is an
amendment, ami to impose fines and j'enalties for the
breach thereof, and may punish broaches thereof by con-
finement in the county jail ; hut in no case shall they pro-
vide for a fir>e exceeding one hundred dollars, or for iin-
prisonment exceeding thirty days.

ji \'2. All fines may be collected by action of debt, tn
the name of the pr« sident and trustees of said town, and
on complaint bi ing made, on oath, before iho ])olice ma-
gistrate, or, in case c( his absence or inability, before any
justice of tli»' peace in said town, that any person has vio-
lated any ordinance, saiil magistrate or justice shall is^ue
a summons, or he may issue a warrant against the body
of the defendant, which writs shall be served as such writs
are served in civil cases, in the same manner as trials for
assault, and battery are determined and tried, a<? provided
for in the Revi<»ed Statutes of this state, fixing the amount
of fine or t»rm of imprisonment, unless the defendant shall
demand a jur\ ; in which case they shall be fixed by the
jury : .7n^/. ;)rovi(/<f/, it shall not be necessary to file hond
for costs ill any prosecution for violation of ordinance of
raid (own.

!s 13. In all cases of fines for any breach of nny ordi-
nance of said town, if the conotable shall be unal)le to
collect such fine and costs of the giuds and chattels of the
defendant, and «:hall make such n (urn, by indorsement on
the execution, the justice or police magistrate, as the
ca^e may be, may issue an execution against the body of
the drf< ndant, upon which the constable shall arrest him,
if to be foun«l in the Cdunty, and commit him to lh«
county jail, there to be kept forty-eight lujiirs ; and if tli«
fine ihall ex^red five dollars, then twenty- ff)ur hours for
each five dollars or fraction of five dollars that the judge-
ment and rofts shall exceed that sum.

^11. No person shall vote at any election to he held
under the prnvi<jions of this act or the art to which this is

■ n emendmeiit, unless in addition to the necessary qunli-
ficalions to entitle him to vote at a general election he

■ hall have re»ided in the corporate limits of said town
•ixly day* next preceding said eh ction ; and any person
▼iol«»ing tliis section shall be subject to all the penalties
ioiposeo by law on persons guilty of illegul voting at a
general election, to be profecuted in the same manner.

1077 1857.

§15. This act shall not be so C3n<7true(] as to repeal
any orJinauce now in force in said town, or to affect any
proceedings tljtTeunder heretofore had ; but all parts of
the act to which this i.s an amendment wiiich are in coo-
llict with this act are hereby rejicaled.

§ 1(3. Tliiij act shall take effect and be in force from and

after its pas-age

ArpRovKD Feb. 16, 1857.

AN ACT to incorporate "The Rock River Coal Mining Company.'* Keb. i«, 1867.

Section 1. Be it enacted by the people of the state nj
Illinuisy represented in the Gtnerul .Isseinhly, That Win-
field S. Wilkinson, Lorenzo Hapgood, D. R. Bushnell,
George Ellison and A. Judson Pinkhain, their associates,
successors and assigns, be and they are hereby constituted
a body corporate, by the name and style of "The Rock "J^***
River Coal Mining Company j" with pi^wer to contract
and be contracted with, sue and be sued, by that name,
in all courts of law and equity, in this state ; to have a
common seal ; to engage in the mining, coking, trans-
porting and selling mineral coal, and thw products of the
same, in and upon all lands now owned or iiereafter to be
owned by them, in the counties of Whiteside and Rock
Island, in the state of Illinois, and in the transportation of
the same to home or foreign markets; and to have all -ucli
needful powers for the successful prosecution of their
business, and for the execution of the powers herein
granted, and to purchase and hold lands for that purpose:
Pruvided, that the land so held shall not at any one time Amouot«f uui.
exceed three thousand acres; with power to 'sell and con-
vey the same ; to appoint all necessary agents and olficers,
and make sucli by-laws and regulations, not inconsistent
with laws of this state or the United States, as may be
necessary for the perfect organization of said company
and the prosecution of its business, within the meaning of
this act, with power to hold such personal property, and
to erect such buildings and machinery as may be neces-
sary to carry on said business.

,^ '1. The capital stock of said company shall be one OtptuJ*tooft.
Iiundred thousand dollars, divided into shares of one hun-
dred dollars each, with power, by vote of the stockholders,
at a meeting duly called, to increase said capital stock to
two hundred thousand dollars; which sharts of stock maj
be assigned as provided in the by-laws of t<iid company.

\$S1. 1078

tj »«l^4

■m4.

5 8. Tlie said company shall have authority to con-
struct a wasjou or railroad iVoni any ]n»rt of the lands
owned by said company to any railroad in said counties of
Rock Island and Whiteside, and connect with the same;
which said road or roads, so constructed by said company,
shall be used for the transportation ol the c(ial and the
proilucts of tlie same, and the material of said comjiany,
and lor the convenient jTosecutinn of its business, and not
for the purpose of general transportation.

jj 4. The rijjht of way for said road or roads to be con-
structed under the provisions of this act may be obtained
by said company, either by piirchase, gift or grant, or in
the mode prescribed by an act of the state ol Illinois, en-
titled "An act to amend tlie law condemning the right of
way for the purpose of internal improvtuunt,"' api^roved
June 22, 18.V2.

J .S. The directors of said company shall consist of not
less than three nor more than seven, who shall be elected
annually, by the stockholders of said company, at such
time and place ?s the by-laws of the company may pre-
scribe. In each election of the stockholders, each share of
stock shall be entitled to one vote.
?••>(•■. rtT 5 ti. Said company are hereby authorized to borrow
money, for the j)urpose of carrying on the business of the
said company, and for that purpose may issue the bonds
of the company, bearing interest, not to exceed ten per
cent, per annum, and to secure the s»me u})on the real or
personal estate of said company, by mortgage or other
securities.

>; 7. This act shall take effect from and after its pas-
lage.

ArPRovED Feb. I'i, 1^57.

Iff.

r*. It, fm A.V ACT to prohibit ibt sale of tntoxicailng liquors in tlio lowii or

Piilaiilti.

Sectio.m 1. /if it emirtril hy Vie people oj the state of
Winning reprenented in tliv (ieneral %^ssevihlij. That here-
after it nhall not be lawful for the county court of i'ulaski
County to grant license to any person or persons to vend
or sell vinoin, spirituous or mixerl liquors, as a beverage, in
section fifteen 'I'O,; township fifteen (l.Oj south, of range
one (1) west, nor within one mile of the town of Pulaski,
situated in said section, township and range; and if any
pf-raon or persons shall v«nd or sell any vinous, spirituous
or mixed liquors, as a beverage, within the limits of the

1079 18.57.

above described sections or within one mile of the said
town of Pulaski, he, she or they shall, upon conviction
thereof, be fined in a sum not less than ten dollars and not
exceedinj^ one hundred dollars.

§ '2. Tlie penalties providid for in this act may be
recovered before any justice of the peace of Pulaski county,
or the person or persons guilty of a \ iolation of this act
may be proceeded at»;iiust, by indictment, in the same
manner as is now provided for by law.

This act siiall be deemed a public act, and shall take
effect from and after its p;issage.

Approved Feb. IG, 1857.

AN ACT to ameml an act entitled "An act to authorize the inhabitants '** ''i '837.

of C.iliokia to raise a lovee on the rroek banlt, o(i|)osite the t"\vii of
Cdhokia,-' approved January 24lh, 1^27, and for other purposes.

Section 1. Be it enacted hy the people of the state of
Illinois, repre^cntid in the General ^l-isembly, That the
supervisor of the common which is attached to the vil-
lage of Cahokia, in the county of St. Clair, and state of
Illinois, and his successors in office, shall have power to
institute and maintain actions of tresj)ass in any court of A»ii.j«i of irw-
competent jurisdiction, or before any justice of the peace ^***'
of St. Clair county, when the damages claimed does not
exceed one hundred dollars, for the use of the inimbitiints
of said village, against any person, persons or corporation
trespassing on said commons.

§ 2. %lnd be it further enacted, That the inhabitanti
of the said village of Cahokia shall be competent wit-
nesses in all cases arising under this act or the act to
Mrhich this is an amendment.

§ 3. *'lnd he it further enacted, That this act is to be
deemed a public act, and be in force from and after its
passage.

Approved Feb. 16, 1857.

fn'\-'.

(Mr umMs. ^

IS57. 1080

'•*- »*• ••■" AN ACT to incorporate tbf cily of Aniboy.

B<r it rnactfd hy the peopie of the state qf Illinois^ re*
presented in the Gtneral »hsctnlily :

AftTiCLE I. — Of Boundaries.

Section 1. That ^the inhabitants of the incorporate
town of Amboy, in Lee county, be an(1 they are hereby
con-tituteil a body politic and corporate; by the name and
*** style of ''The City of Amboy;" and by tliat name sliall

have perpetual succession; may sue and be sued, plead
and be impleaded in all courts of law and e(]uity;and may
have and use a common seal, and alter the same at
pleasure.

5' "J. All that territory embraced within the following
limits, to wit : The south half oi section fifteen, and the
north half of section twenty-two, township twenty north,
of range ten east of the fourth principal meridian; also
that part of section twenty- three, which embraces Ar-
nold's addition, j-hall he and the same is heieby declared
to be within the limits of the city of Anil>oy.

5$ ^>. Whenever any tract of land adjoining the city of
Amboy shall be laid off into town lots and duly recorded
as reqiured by law, t/ie same shall be annexed to and
form a part of the city of Ambny ; and all parcels of land,
within tin- afortsaid l)Oun<laries, and b»'yoiid the bounda-
ries r»f the present corjioration as extended, that exceed
ID extent one acre," shall be exempt from taxation for
city revenue until the same shall be 8ubdi\ ided into lots
of one acre or less; and each lot, w hen so divided, shall be
taxed as other city lots.

J 1. 'Ihe inhabitants of said city, by the name and
•t)lf afori "aid, shall have powrr to sue and be sued, to
plraej arid be impleaded, to defend and be defended in all
courts of law and equity, and in all actions whatever; to
pun ha.'-e, receive and hold properly, both real and per-
forial in sai<i ritj; to purchase, receive and hold pr(>j)erly,
bo<h nal and prryonnl, beyond the city, for burial trrwunds,
and tor other purpos»-.<?, lor the use of said inhabitants of
naid ' I'y; to fell, lease and conveyor dispose of property,
and do all^^other things in relation thereto as natural
pcrfODf.

Article II. — Of the. City Council,

^ 1 . There shall be a city council to consist of a mayor
abd board of aldermen.

cliutei.

1081 1857.

§ 2. The board of aldermrn sliall consist of two mem-
bers from each ward, to he chosen by the qualified voters
for two years, and until others shall be legally ruialified.

§ o. No person shiiU be an alderman unless at the time
of his election he shall he a freeholder in said city, and
shall have resided within the limits of the city one year
immediately preceding his election, and shall have the re-

Suisite qualifications to vote for state officers, be a resi-
ent of the ward for which he is elected and a citizen of
the United States.

§ 4. If any alderman shall after his election remove Aidfrmen, ctsi
from the ward for which he is elected, or cease to be a •"'"'^' ""*• •
freeholder in said city, his office shall be declared vaca-
ted. The mayor and aldermen shall serve without com-
pensation from the city funds until there shall be five
thousand inhabitants in said city. And when the popula-
tion shall exceed five thousand the mayor shall receive
Buch compensation as the city council shall determine, not
to exceed two hundred dollars per annum.

§ '). At the first meeting of the city council the aider-
men shall be divided by lot into two classes. The seats
of those of the first class shall be vacated at the expira-
tion of the first year, and of the second class at the expi-
ration of the second year, so that one half of the board
shall be elected annually.

§ G. '1 he city council shall judge of the qualifications, JndKM oi •i*^
elections and returns of their own members, and shall de-
termine all contested elections under this act

<^ 7. A majority of the city council sliall constitute a Qoonua.
quorum to do business, but a smaller number may adjourn
from day to day, and compel the attendance of absent
members', under such penalties as may be prescribed by
ordinance.

§ 8. The city council shall have power to determine
the rules of its own proceedings, punish its members for dis-
orderly conduct, and with the concurrence of two-thirds of
the members elected, expel a member.

§ 9. The city council shall keep a journal of its pro-
ceedings, and from time to time publish the same, and the
yeas and nays when demanded by any member present
shall be entered upon the journal.

§ 10. No alderman shall be appointed to any office un-
der the authority of the city which shall have been crea-
ted or the emoluments of which shall have been increased
during the time for which he shall have been elected. Nor
shall he be engaged in any contract with said corporation
while serving as such alderman.

^ 10. All vacancies that shall occur iu the board of
aldermen shall be filled by election.

JuniDkX

1S57. 1082

0*1% 3i .'a»e.

MimAhkf iBMl

' to«Ac«

§ 1-. The m:iyor and each aKlerman, before ontoring
upoa the duties of their olKoe, sh.ll take a,ul subsenbe an
oath, or make atfinnation, that they will snnnort the con-
5t.tut.on 01 the Tnited States and of this .state, and that
lu^y wdl well and truly perform the duties of their office
to the best o| thejr skill and ability.

ji 13. Whenever there shall bo a tie in the election of
aldermen, the judfioij of election shall crtify the fact to
the mayor, who shall d. termine the same by lot, in such
manner as shall be provided by ordinance.

s^ H There sh.ill be twelve stated meetines of the citv
council ,n each year, at such times and places as may bo
prescribed by the city council. ^

Article Ul—O/fhe C/ne/ Executive Office.

U- The chief executive officer of the city shall he a
mayor, who shall be elected by the qualified voters of the
c.ty and UM h.soillce for one year, and until his successor
shall be elected and qualified.

.^ -; ,f^° P^;r.^on shall be eli^wble to the office of mayor
who shall not have been a resident of the titj for one year
next preceding his election, or whoshall be under twentv-
one years of age, or who shall not at thp time of his elec-
tion be a citi.en of the Unitrd States and a freeholder.

b> ^. It any mayor, during the time for which he shall
have been elected, remove from the city, or shall be absent
trom the city for the space of six months, his office shall
be vacated.

5 4. \yhen two or more persons shall have an e(,ual
cer^^ifv'.. ^•«^"/"^'"«>-'-. the judge, of eleetion shall
certify the same to the city council, who shall proceed to
determine the «ame by lot, in such manner as may be de-
termined by ordinance. / «= ue

§ 6. Whenever an 'lection of mayor sh«ll be contest-
ed the c.ty council shall determine the same as may be
prcicnbrd by ordinance. ^

§ ^'. Whenever any vacancy shall happen in the office
of mayor it .hall be filled by elJclion. '

Article IV.— O/ KlcdionH.

.h'JilV l^^r/'" "'i''"'^ ^^"*'^>' of March next an election
•hall be held ,n each ward of said city for one mayor and
one marshal for the city; two al.lermen for each ward;
•nd forever thereafter on the first Monday of March of

nn. 'J"*''i' ! ;■'' ."'"" '"^ "" *'-'^-^*'^"' <"'"• """ 'n^yor and
one marshal for the city, and one alderman for .arh ward.
I fMf.r^t election fur major and aldirme,. «hall le held,
conducted and rctun.5 thereof made in the same manner

1083 185T.

as the election and returns for the president and trustees
of the town of Ainboy are now held, conducted and re-
turned.

§ '1. All male inhabitants over the age of twenty-one Qo»iio«d w»«fi.
years, who are entitled to vote for state officers, and who
shall have been actual residents of said city ninety-days
next ])rece(ling said election, shall be entitled to vote for
city officers : Provided^ that said voters shall give their
votes in the wards in which they shall respectively reside.

Article V. — 0/ Legislative Powers oj the City Council,

§ 1. The city council shall have power and authority Taie«-
to levy and collect taxes for city purposes upon all the pro-
perty, rer\I and personal, within the limits of the city, not
exceeding one half of one per cent, per annum, unless a
majority of the inhabitants thereof vote to raise more upon
the assessed value thereof; and may enforce the payment
of the same in any manner, to be prescribed by ordinance,
not repugnant to the constitution of the United States and
this state.

§ '1. The city council shall have power to appoint a Appointed ©m-
clerk, treasurer, assessor, street commissioner or commis- *^'"*
sioners, city surveyor, city attorney, and all such otiier
inferior officers as may be necessary.

§ ;5. The city council shall have power to require of omciai bondt.
all officers appointed in pursuance of this charter bonds,
with penalty and security, for the faithful performance of
their respective duties, as may be deemed expedient; and
also to require all officers appointed as aforesaid, to take
such an oath or make such affirmation as the common
cotincil may prescribe, for the faithful performance of the
duties of their respective offices, before entering upon the
discharge of the same ; to borrow money on the credit of
the city : Provided, that no sum or sums of money shall
be borrowed at a greater interest than ten per cent, per
annum. Nor shall any sum or sums be borrowed as afore-
said until after the subject shall have been submitted to the
legal voters of said city, for wh'ch purpose a special elec-
tion shall be called by the mayor, after giving ten days'
notice thereof; and if a majority of the legal voters of said
city shall vote in favor of any such loan the same may be
negotiated and not otherwise.

§ 4. To appropriate money and provide for the pay- ippropri*»« mo-
ment of the debts and the expenses of the city. "*'* ^'

§ .'). To make regulations to prevent the introduction
of contagious diseases into the city ; to make quarantine
laws for that purpose, and enforce the same, within five
miles of the city.

18*7.

1084

^^ 0. To osUblish hospitals and make re^julations for
n,w ^'- ,'^;\;""'^'' f^K'ulations to seem- the .uMural health

U.e suj.pij of , „ui,K.. and b,K-k..ts. ° "■""■ '"'

.—. §9. To op..,,, alter, al.olbl,, widen, extonil e<^tabl,,l,

»tr«,,, avenu.,, la.u. and aliens, sidcwalks.'drain, and

I {?• To ci.t.blisl, ,.r«cta„d k....,, i„ repair bridges.
9 11. Ao divule the City iii(o waiclo ■il...H..i i

rie. .berec; a,.d erect .dd'i,io„alw: ;;"','„«:;' o",:
may re(|uire. «;» i«ie occasion

§ lo. To establish, support and regulate night watcher.
§ 14 lo erect market houses, to tstablK<h marie smd

of thJ city"" ''■'"^' '"' "^^ '"^^^^'' ^'"'^'"SS ior the use

].f!n^'''il '^^P^^^'J^'f /"Closing, improving and regu-
iaf UK all publ.c grounds belonging to the city. ^

b^l-. lo license, tax and regulate auctioneer*, mer-
chants, peddlers, retailers, grocers, taver rordinades
hawkers, brokers, pawnbrokers and money ch'angers '

§ l>^. To license, tax and regulate hackney c-irriatres
wagons, carts and drays, and tix^ (he rates to\e cTS
for the carnage ol persons, and for the wugonagc, ca S
and drayap of property. ^ ^ ' i^ariu^e

porterage.^" ^'"'"'^ '"'^ "«"'^^' P°'^"" ""^ t''« rates of

exhibitiony''«I'''""'' 1"" ""'^ "«"'*^" iLeatrical and other
ejUiJbiliuns, shows and amusements.

'^ Jjf V '^'^ f'^-^^"'". prohibit and suppress tippling houses

M,":^'rr^'' l""^id« ^or the prevention and extinguish-
.nl of f,re,; to organize and_establi.sh fire companies

Ltf^»tm.

f „.. ^ ' -• --/-■'""••^'i iiif companies.

J flue. tlTere'c?"'"^' '" '""« "' *'"'"->« -<^ ^<> ««

J li». To regulate the storage of uunnowder tar

pitch, ro.m and other combustible materml"'' *

lion tnrJV7:'^"^"'r'^ ""'"^"^ ''""'"'^ ^""« "'"> Parti-
tion /ence«, and o restrain cattle, hogs, sheen and dous
Ifoiu running at large. ^ ' ^*

1085 1857.

5 26. To establish standard weiglits and measures, and Bti.«<jnrd
regulate the wei<];lits and measures to bo used in the city, moMurei.
in all cases not otherwise provided (oi- hy law, ind to order
all laws upiui the subject to be enforced and to fix and en-
force payuier»t of fines for noncompliance with any such
order.

§ 27. To provide for the inspection and measuring of
lumber and other building materials, and for the measu-
ring of all kinds of mechanical work.

§ '1^. To provide for Jie inspection ai»d weighing of
hay and stonecoal, the measurement of charcoal, firewood
and other luel to be sold and used within said city.

§ 20. To provide for and regulate the inspection of
tobacco, and of beef, pork, flour, meal, and whisky in
barrels.

§ '^0. To provide for and regulate the inspection of
butter, lard and other provisions.

§ 31. To regulate the weight and quality of bread to
be used and sold in the city.

§ 32. To regulate the size of bricks to be sold and
used in the city.

§ 33. To provide for taking enumerations of the in-
habitants of the city.

§ 31. To regulate the election of city ofl!icers, and to
provide for removing from office any person holding an
office created by ordinance.

§ 35. To fix the compensation of all city officers, and
regulate the fees of jurors, witnesses and others, for
services rendered under this act or any ordinance made
in pursuance thereof.

§ 36. To regulate the police of the city, to impose p«ue«K««»fc»tw
fines and forfeitures and j enalties for tlie breach of any
ordinance, and to provide for the recovery and appropri-
ation of such fines and forfeitures and enforcement of
Buch penalties; and all moneys collected under and by
authority of any city ordinance s'lall he deemed and
taken to belong to said city, and disposed of by the city
council, under the ordinances of said city, for the general
use and benefit thereof.

^ 37. The city council shall have exclusive power
within the city to licen'^e or suppress an 1 restrain billiard
tables and bowling alleys.

§ 38. 1'he city council shall have power to make all
ordinances which shall be necessary and proper for carry-
ing into execution the powers specified in this act, so
that siich ordinance be not repugnant to n >r inconsist-
ent with the constitution of the United States or of this
•tate.

§ 39. The style of the ordinances shall be : **Be i/ ptyv »f •<un««-
ordained hy the City Council by [o/*] the City of Jirnhoy?* •*'•

\«^T. 1086

§ 40. All ordinances j)as<?e{l bj- the city council shall,
within one month after they sliall have passed, be pub-
lished in some newspaper in the city or posted up in
three of the most public places in said city of Amboy,
and shall not be in force till they shall have been published
as aforesaid.

J 41. All ordinances of the city may be proven by
the seal of the corporation, and when printed in book or
pMHiphlf t form, and purporting to be printed and published
b) authority of the corporation, the same shall be received
in evidence in all courts and places without further proof.

Article VI. — Of the Mayor.

M«r«r'« .:au«. ^ 1. The mayor shall preside at all meetings of the
city council, and in case of a tie, shall have a casting
voie, and in no other. In case of nonattendance of the
mayor at any mee'.ing, the board of aldermen shall appoint
one of tluir own number chairman, who shall preside at
the meeting, but shall not thereby lose his right to vote
on any question before the board.

^ '1. The mayor or any two aldermen may call special
meetings ot the city council.
it § 3. The mayor shall at all times be vigilant and
active in enforcing the laws and ordinances for the gov-
ernment ot the city; he shall inspect the conduct of all
subordinate officers of said city, and cause negligence
and i)0sitive violation of duty to be prosecuted and pun-
ished; he shall, from time to time, commuriicate to the
aldtrint-n such information and r«'Commend all such meas-
ures as in \\'\9 opinion may tend to the improvement of the
finance.'^, the |)olice, the health, security, comfort and
ornament of the city.

§ 4. II«! is hereby authorized to call on every male
inhabitant of sai<l city, over the age of eighteen years, to
•id in enforcing the law.i and ordinances, and iti cases of
riot4 to rail oul the militia to aid him in suppressing the
fame or other <lisorderly conduct, preventing and extin-
guishing fire», for securing the peace and safety of the
city, or in carryinpf into effect any law or ordinance; and
•ny prr<on who <iliall not obey such call shall forfeit to
faid city a fine not exceerling five dollars.

;! .'>. iifi shall have power, when(!ver he may deem it
necpxfary, to require of any of the officers of said city an
exhibit ol hi^ br)olfs and papfrs.

§ 0. He flh ill have power to execute all acts that may
be required of him by any ordinance made in pursuance
of thi* act.

^ 7. He «»hall hIho have such jurisdiction as may hn
vMtAd in him by ordinance of the city in end over all

1087 1857.
»

places within five miles of the boundaries of the city, for
the purpose of enfoiciu^ the health and quarantine ordi-
nances and regulations thereof.

§ 8. He shall receive for his services outside of
the city such salary as shall be fixed by ordinance of the
city.

§ 0. In case the mayor shall at any time be guilty of Liability ©r
a palpable omission of duty, or shall willfully and cor- ""'""•
ruptly be guilty of oppression, malconduct or partiality
in the discharge of the duties of his office, he shall be
liable to be indicted in the circuit court of Lee county,
and on conviction, he shall be fined not exceeding two
hundred dollars; and the court shall have power, on
recommendation of the jury, to add to the judgment of
the court that he be removed from office.

Article VII. — Of Proceedings in Special Cases.

§ 1. When it shall be necessary to take private pro- orenin« «f
perty for opening, widening or altering any public street, ^treetB.
lane, avenue or alley, the corporation shall make a just
compensation to the person whose property is so taken,
and if the amount of such compensation cannot be agreed
on, the mayor shall cause the same to be ascertained by a
jury of six disinterested freeholders of the city.

§ 2. When the owners of all the property on a street, pouiions ut
lane, avenue or alley, proposed to be opened, widened or ^',''eeu! *'
altered, shall petition therefor, the city council may open,
widen or alter such street, lane, avenue or alley, upon
condition, to be prescribed by ordinance; but no compen-
sation sliall in such case be made to those whose property
shall be taken, their tenant or others, for the opening,
widening or altering such street, lane, avenue or alley,
nor shall there be any assessments of benefits or damage
that may accrue thereby to any petitioners.

§ .3. All jurors empanneled to inquire into the amount Damagef aewM-
of benefits or damages which shall happen to the owners *'^-
of property proposed to be taken for opening, widening
or altering any street, lane, avenue or alley, shall first be
sworn to that effect, and shall return to the mayor their
inquest, in writing, and signed by each juror.

§ 4. In ascertaining the amount of compensation for
property taken for opening or widening or altering any
street, avenue, lane or alley, the jury shall take into con-
sideration the benefit as wi-ll as the injury happening by
such opening, widening or altering such street, lane, ave-
nue or alley.

§ 5. The mayor shall have power, for good caus«
shown, within ten days after any inquest shall Jiave been

11^57. 1^83

set

returnpi? to him as aroresaiil, to set the same aside and
CftU5e a nfw iiMjiU'-it to l<e in tile.

A l». Upon petition of two-lhir^ls of the property
holders, the city council shall have power, by ordinance,
to levy and collect a special tax on the holders of lot< in
any street, htne, avtnue or alley, acordinn to their rospec-
live fronts owned b) tlieni, tor the purpose of paving, grading
or planking sidewalks and liglitinij sue'h street, lane, avenue
oralle): I'rinided^ said tax sh;ill not exceed in amount
the actual cost of saiil sidewalks, and lighting, respect-
ively, which tax shall be collected in the «>aine manner as
olher ciiy taxes.

Articlk VIII. — MhceUancous Provisions.

kmt-^it^^- § 1- The city council shall have j)Ower, for the pur-
pose of keeping the streets, Imies, avenues and alleys in
repai"-, to requ.re every able bodied male inhabitant in
said city, over twenty- one years of age, to labor on said
streets, lanes, avenues and alleys, not exceeding three
days in each and every year; and for the purpose of
buildiui^ and maintaining bridges in said city, there shall
be levied on all real and personal estate within said city
any sum not exceeding twi iily cents on the one hundred
dollars of tlie assessrd \ alue thereof, which tax shall be
collected as other i ity taxes; and any person failing to
perform such Itbor, wliea duly notified by the street com-
missioner, sliall forfeit and pay one dollar (or each day so
neglected or refused.

^ 2. The inhabitants of the city of Ainhoy are hereby
exempted from working on any road beyond the limits of
l!ie city, and from paying any tax to procure laborers to
work upon the same.

§ ?>. The city council shall have power to provide for
the imprisonment of offenders in the county or city jail, in
•U cases wliere such offenders shull (dii or refuse to pay the
fines an<l forfeitures which may be recovered against them.
jj,-,,. ^^t^ J \ The city council sh^ll cause t) be publinhed,
••'• annu dly, n full an«l complete statement of all inoneya

received and expended by the corporation during the. pre-
ceding year, and on what account received and expended.
§ .'>. All ordinances and resolutions passed by tha
president and trustees of the towi of Amboy shall remain
in force iinMl the same shall have been repealed by tha
city council hereby created.

^6. All suits, actions and prosecutions instituted,
a<ww ■• < >w commenced or brought by the rorj)oialion hereby created,
ihall be instituted, commenced and prosecuted in tha
namR of the city of Amboy.

1089 1857.

§ 7. All actions, fines, penalties and forfeitures which
Lave accrued to the president and tru<?tP('S of the town of
Amhoy, shall be vested in and prosecuted by the corpo-
ration hereby created.

§ 8. All property, real and jiersonal, heretofore belojjp;-
ing to the president and trustees of the town of Aujboy,
for the use of the inhabitants of said town, shall be and
the same is hereby declared to be vested in the corpora-
tion hereby created.

§ D. This charter shall not invalidate any act done by
the president and trustees of the town of Amboy, nor
divest them of an)' rights which may liave accrued to them
prior to the passage of this act.

^ 10. The president and trustees of the town of Amboy p,biitaM«« •
shall, immediately after tlie passage of this act, take "'<='•"•
measures to promulgate this law within the limits of the
city of Amboy, and issue their proclamation for the elec-
tion of officers and cause the same to be pu lished in all
the city newspapers prior to the day of the election of
said officers.

§ 11. Appeals shall be allowed from decisions in all
cases arising under the provisions of this act, or any
OTdiniince passed in pursuance thereof, to the circuit
or county court of said county of Lee, and every such
appeal shall be granted in the same manner and with like
eftect as appeals are taken trom and granted by justices
of the peace to the circuit court under the laws of this
state.

§ 12. Whenever the mayor shall absent himself from xtusao* •
the city or resign or die, or his office sfiall be otherwise ■"'"''•
vacated, the board of aldermen shall immediately proceed
to elect one of their number president, who shall be
mayor, pro tern., until the office shall be filled by election,
85 liertin provided.

§ 13. This act is hereby declared to be a public act,
and may be read in evidence in all courts of law or eqiiity
within this state, without proof.

§ 11. All acts or parts of acts coming within the pro-
visions of this charter or contrary to or inconsistent wil!i
its provisions, are fiereby repealed.

§ 15. The city marshal or any other officer authorized tir«ane« o
to execute writs or any other process issued by an) judi- "'"*'
cial officer in saiJ city, shall have power to execute the
same anywhere within the limits of the county of Lee,
and shall be entitled to the same fees for traveling as are
allowed to constables in similar cases. The said city
marshal, by virtue of his office, shall be a constable of
Lee cjun^y, with power to serve process and do ail acts
that u const.ible may lawfully do, and shall receive the
le fe« .s as are allowed to other constables by law; he

--yi

IttT.

•*># «< mtitmi

1090

shall liolJ i>«' office for one year, ami simll give bond as
other constables are reqiiiroil by law to give, which bond
shall bo fil»'d in the orticf of the county clerk.
f^ ^ 10. The |>re<iiii lit ami trustees of the town of Amhoy
*" shall cause »n election to bt- Im hi in .•^aiti town on the first
Monday of March next, at whiih the inhabitants rp.<!iding
within the territory described within the second section
of the Arst article of this act, who are authorized to vote
for stale officers, shall vote "for the charter" or "against
the charter;" and if a majority of the \-otes given at such
election shall ho for the r^harttr, tin n 'his act sliall imme-
diately lake elVect as a law; but if i» !niij(»rity of the votes
■hall be against the charter, then this shall be of no effect.
§ IT. No provision of this act sliall he so construed
as to authorize the sale of ardent spirits in n less quan-
tity tiian is now provided by law, tinless licensed so to do
by the city council.
' & 18. This act to take effect and be in force from and
after its passage ^

ArraovKD Fe\j| ^0, IS.'ST.

r<». !«, i«r.

rt«. U, iMt. AN ACT to nm^nd »n act «iititled ••An act to authoriic the totTn of
Wauktgan to b )rrow money and levy a tax."

Skction 1. Jit it enncled by the people of Uw state of
Ulinuis, rijiresrntei/ in t/ir Genera/ .hsembn/. That the
corporate authoritirs of said town are hereby authorized
to appropriate any mon»'y or niom-ys heretofore raised or
which may hereaftrr be raised, by sale of the bonds men-
tioned, in the act to which this is an amendment, for the
itnproveroj'nt, repairing or construction of any bridge or
bridgen, in any territory on which such corporate authori-
ti»-» have a right to h-vy a 'ax for road jnirpo'Jcs.

Ji 2. Thi^ art to take rffi-ct, and be in force, from and
•ftrr it* |>a<iiRg^.

ArmovED, Feb. 1«I, IKf)?.

AN ACT la relation to (be lupport of paupera In tho connllea of Ogl*

arxl Knni.

SrcTIOW 1 . fir it enndetl hy the jicojile if the ufate of
/liiJioiji, rrpmrntrd in thr f'cuerdl JisHemh/i/, Thai the
reipective boardii of (HiperviuorH of the counties of Ogle

1091 1857.

and Knox be and are liereby authorized to require and
cause the respective towns in said counties to support,
each, its own paupers; Provu/tu/, a majoritv of the board
of supervisors are in favor of the same.
Approved, Feb. 16, 18o7.

AIT ACT to Incorporate the town of Dunleith. Feb. le, i89T.

Section 1. lie it enacted by the people of the state of
Illmoia, represented in the General Jiasemhlij^ That the
inhabitants of the town of Dunleith, in the county of Jo
Daviess, are hereby made Ji body politic and corporate,
in law and in fact, and in the name and style of "The Pres- ■»■•.
ident and Trustees of the town of Dunleith;" and by that
name shall iiave perpetual succession, and a common seal,
which they may alter at pleasure, and in whom the entire
government of the corporation shall be vested, and by
whom its afiair?4 shall be managed.

§ '1. The corporation shall embrace and include the B.an^.n^ •(
following lands, to-wit: Fractional section seventeen, frac- ••'■^^•"*■•
tional section nineteen, fractional section thirty, the west
half of section twenty, and the west half of section twenty-
nine, lying and being in townsliip twenty-nine, range two
west of the fourth principal meridian, in Jo Daviess county.

§ 3. That there shall, on the first Monday in March aimmi eitviivi.
next, be elected five trustees, and on every first Monday
of March thereafter, who shall hiid their offices for one
year, and until their successors are elected and qualified
to act. And public notice of the time and place of hold-
ing all future elections, after the aforesaid first Monday of
March next, shall be given by the president and trustees,
by an advertisement in any newspaper printed in the town
of Dunleith, or by posting up notices in four of the public
places in said town, at least five days before such elec
tion. No person shall be a trustee of said town who has
not arrived at the age of twenly-one years, and who has
not resided in said town six months next preceding his
election, and wfjo is not, at the time thereof, a freeholder
within the limits of said corporation, and paid a state and
county tax. AH free white male citizen", over twenty-one ^•^"
years of age, who have resided within the limits of said
corporation three montiis next preceding an election, shall
be entitled to vote for trustees; pnd the :^aid truste*>s shall,
at their first meeting, proceed to elect one of their body
president, and shall have full power to fill all vacanoipg in
■aid board which mxy be occasioned by death, resignation

IJUST. 1092

or otherwiso; aiul svicli persons, so uppointeil, shall hold
ihtir .>rKi'»'> until the lu \t regular clcotioii after their
a|>|)<>ii!tnic-nt.
-.^.-. 5 4 The pre5sUlent and trustees of said corporation

shall have power to appoint a town inar.'^lml, u clerk of the
board, a street coininissiouer, an assessor, a treasurer, any
or all of whom shall give bond and security, payable {oi\\»
president and trustees, couviitional for tlie faithful dis-
charge of the duties of their respective offices, in such
sums as the president ami trustees may require; and said
officers, so appointed, shall take an oath before some jus-
tice of the peace that they will faithtully, according to law
and tlje ordinances and bylaws of said corporation, dis-
charge the duties of their offices; ami the president and
trustees may allow to the street commissioner, treasurer
and clerk such compensation ns, in their judgment is right
and proper; and the town marshal shall be allowed the
sami- fees as are now allowed to con-^tahies under the gen-
eral laws of the state for serving and returning all pro*
c»'!i«, of any kind, which may be issued by aiiy officer
under the provisions o( tiiis act, and such compensation
for any extra services as the president and board of trus-
tees may, from time to time, allow, not to exceed one hun-
dred dollars a year, for extra service.
>(>k»!«tT § ^- The said c )rpordtion is lu;rehy made capable in
law, to take and hold, to ihtmselvt':^ and their successors
for lh«- use of said corporation, any lands, tenements Of
hercditamenls; to have power to sue and he sued in all
courts of law and equity; and all suits, either for or against
said corjioration, shall be instituted in the name of the pres-
ident and trustees of the corporation, and all bonds and
obligationH rIihII br taken itt thesHuie manner.

n,i.mM»rm •»i § •'• fh*' s»id truslrrs afore-'aid and their successors
r^rsuiMM. in «»ffice or a miijorii> of thrm, shall have full power and
fiuthority to ordain and esta^)lish all such rules, regtilations
and UwK for th>>ir government and direction and for ths
trannartion of bu^ine<<<i ntid tin* concerns of the corpora-
tion a.H they may dei-m expedit-nt, and to ordain and putiu
forci- and operation l.iws, ordinances and regulations as to
them may ni-rm proper lor the government of said corpo-
ration arid for the management and control of said corpo-
ration and for the application and disposition of its corpo-
rate property, and generally to do all and singular, by
the pii«<t.«ge f»f by-iiiws or otherwise, anything which in
lh»'ir opinion may be neceyciry and projit r for the govern-
ment and well being of \\>ti said in<-or|iorali'<n which ara
rtot contrary to the conNtiuilion and laws of Uiis state.

fM •« •• r** -: 7. The faid trustees shall havu full power to levy

*^ ;in'.' rollfct a tax of one per cenl.on all lot.^, improvement!

aO'i personal |<roperty lying and being within the limits of

wf>»<i

1093 1867.

said corporation, and said corporation shall have full and
ample power to contract for the grading of streets, build-
ing of levees and keeping the same in repair, and all alleys
and lanes within the boundaries of siiid corporation; to
make and keep in rej)air sidewalks and pay for the same
out of tlie funds of tlit* corporation; Pruviiled^Xhdii any lot
or lot? in front of which sidewalks may be made, m:iy be
taxed so as to pay one- half of the costs thereof as the board
may determine just and right, and may pass such nr<!i-
nnnce or law as they tliink proj)er, authorizing approj)ria-
tions for that purpose. Tliey shall have full power to issue
bonds of said corporation for the purjtose of making any
improvement or improvements to the amount of fifty thnu*
sand dollars, to bear interest at a rate not exceeding eight
per cent, per annum. They shall have full power to extend, •«*■!"« «'
open, widen, or lay out new or additional streets witlnn
the limits of said corporation; to erect, build and maintain
all wharves, levees and landing places for boats an'l water
Cjafts, and to have exclusive control of all boats and w iter
crafts landing at the wharves of said corporation, and to
charge wharfage on all boats and water crafts arriving,
lying at and departing from the wharves of said corpora-
tion in such sum or ."^ums as the trustees may decide by
ordinance to be j)ubli3hed in the same manner that otlier
ordinances are publisiicd by said board of trustees. And
said trustees shall, when any additional streets or alleys
or property be taken, for wharves or levees that, in their
jtid/ment, the public good requires, they shall make to the
person o* persons owning the same adequate compensa-
tion for such taking or injury that may be sustained, and
to ascertain which, the trustees shall cause to be ajipoint-
ed three good and careful freeholders residing within the
limits of said corporation, not directly interested, who shall
be sworn for that purpose, and shall proceed to inquire
into, considering the benefits as well as the injury which
may accrue, and estimate and assess the damages which i..«rwni«i>t i
the owner ^ir owners of the lots or lands may sustain by *»■*»'•
the opening, widening or making an additional or new
Street or alley; all of which they shall report to the presi-
dent and trustees under their hands and seal. Any dama-
ges reported to be sustained, if any, shall be paid oul of
the treasury of the corj»oration; and the jiresident and
trustees of the said corporation, as they think proper, from
time to time, may fix uj)on and describe the ma.uer of sel-
ling any property upon which any tax levied by said mr-
f (oration has not been paid: Pruvidid^ no sale of any town
ots or other real estate shall be made until public notice
of the time and place shall have been given at i"ast fifteen
days previous thereto; and in conducting such sale tl-e
laws concerning public revenue, so far as the same may be

1?57. 1094

applicable, shall be complied with: Provided, that the pro-
visions ot" this section authori/ing the taking anil condem-
nation of proptrty shall in no manner interl'ere with the
right ot" way* tracks, wartdiouses and depot property of
the Illinois Central Railroad Company: *huiy i)ruii(ied,
ftirf/nr, that in all cases of the taking and condeinnatiou
of private or other property, there shall be reserved to
the owner or claimant the same rights of appeal from the
appraisement which are now secured by the general right
o( way law of this state; and all proceedings to take and
condemn such property, shall be instituted and prosecuted
under the provisions of said general law, anything herein
to the contrary notwithstanding.

jj 8. Tliat the presiilent and trustees shall have power
to preserve good order and harmony within the linuts of
the incorporation; to punish for oj)en indecency, all breaches
of the peace, gambling houses, gaming, running horses or
horses and carriages or wagons, shooting, and any disor-
derly conduct of any kind within said corporation, by the
passage of such by laws and ordinances as they may think
proptr and right, not contrary to any public law of this
state; and they are hereby expr»ssly authorized to impose
such fines as they may think fit and right tor the breach of
any ordinance orbylaw, which shall be collected before
any justice of the peace residing within the limits of said
corporation: Pror/VA ^/, any fine under any ordinance or
by-law of said corporation shall not !)»• less than five dol-
lars, nor shall the imjirisonment for the violation of any
ordinance or by-law exceed ten days.

^ '.'. It shall be, and is hereby made the express duty
of any and all justices of the peace residing within said
cor)>oration to issu»* his warrant, direeted to the town mar-
flhal, or any authorized co\inty olficer, to apprehend the
offender or otfenJers an<l bring him or them torthwitii
brfore him, and after luaring the e\ idencj-, ii it shall aj)j)ear
that the accused have been guilty of any violation of any
of th** by-law* or ordinances of said corporation, to impose
nuch fin«- or im|)ris()nm«-nt ai shall be jiointed out by the
bylaws and ordinaners of the said rorporation; and writs
of C' r/iorttri aui\ appeals shnil he granted from judgmrnts
uodor thin act, ai in other civil castas, and in all criminal
ca«* * the derrndants shall Ix; entitled to an appeal within
twenty d«)«i from the rendition of judgment, by entering
int'i a bond, with approved security, before thu justice of
til*' p«-ace, brfore he, her or them may be arraigned, in
tuch amount a<i said ju^tire of the pi-aee shall think ri/;ht
And proprr, that they will be and appear ut tlo- next term
of the circuit court of Jo Da^iesA county, &c.; and all fines
ironofed for breachci or violation of any law or ordinances

1C95 1857.

of said corporation shall be paid into the treasury of said
corporation.

§ ID. That the sale of all town lots for the non-pay- i*!*- o/ M(,p«r»f
ment of taxes due said corporation, shall he conducted as '''^"*'
the same is applicable according to the provisions of the