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Full text of "Laws of the State of Illinois"





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Digitized by the Internet Archive 

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http://www.archive.org/details/lawsofstateofillv21865illi 



PRIVATE LAWS 



OF THE 



STATE OF- ILLINOIS, 



PASSED BY THE 



TWENTY-FOURTE GENERAL ASSEMBLY, 



CONYEKED JANUARY 2, 1865, 



VOLUME II 



SPRINGFIELD : 

BAKER & PHILLIPS, PRINTERS. 
1865. 



TABLE OF CONTENTS. 



LEVEES: j,^oj._ 

An act to amend an act entitled "An act to incorporate tlie Mississippi Levee Com- 
pany," approved February 20, 1861, and to construct a railroad thereon 1 

An act to amend an act to provide for the constructing of a levee from Prairie 
DuPont village, in St. Clair county, to Harrisonville, in Monroe county, approved 
February 24, 1859, and to declare the commissioners appointed by virtue of said 
act a body corporate, under the name and style of " The St. Clair and Monroe 
Levee and Drainage Company"'. 2 

An act to levee and make certain improvements oh the Wabash river and its tribu' 
taries 9 

LITERARY AND SCIENTIFIC SOCIETIES : 

An act to incorporate the Art Gallery of Chicago 12 

A.n act to incorporate the Chicago Academy of Sciences 14 

An act to incorporate the Aurora Library Association 16 

An act to incorporate the Eccritian Literary Society of Monmouth. 15 

An act to incorporate the Springfield German Reading Association at Springfield, 

S:i4|gamon county, state of Illinois 16 

An act to incorporate the Odd Fellows' Library Association of Bloomington 17 

An act to incorporate the Peoria Mercantile Library Association 18 

An act to incorporate the Young Men's Association of Princeton, Bureau county, 

Illinois ^. 19 

LOAN AND TRUST COMPANIES : 

An act to incorporate the Chicago Loan and Deposit Company 20 

An act to incorporate the Kane County Savings, Loan and Trust Company 21 

An act to incorporate the Princeton Loan and Trust Company 24 

MANUFACTURING COMPANIES : 

An act to incorporate the Chicago Cotton Manufacturing Company 27 

An act to incorporate the Chicago Cotton Manufacturing Company 29 

An act to incorporate the Chicago Ditching and Spading Machine Company 30 

An act to incorporate the Chicago Stone and Lime Company 31 

An act entitled "An act to incorporate the Chicago Tanning Company" 32 

An act to incorporate the East St. Louis Rail Mill 33 

An act to incorporate the Fulton Foundery Manufacturing Company 35 

An act to incorporate the Fox River Manufacturing Company 37 

An act incorporating "The Mechanical Bakery Company," of Chicago 40 

An act to incorporate the National Watch Company _ 41 

An act to incorporate the Northwestern Manufacturing Company of Chicago 42 

An act incorporating the Oswego Manufacturing Company 44 

An act to incorporate the Russell Manufacturing Company 46 

An act to incorporate the Schenck Concentrated Feed Company 47 

An act to incorporate the Superior Steel and Iron Manufacturing Ccnpany of 

Chicago 49 



■i CONTENTS. 

MINIXG COMPANIES: pagk. 

An act to incorporate the Banner Coal and Coal Oil Company 50 

An act to incorporuie the Black Hawk Mining Company 52 

An act creatim; the Bowlesville Mining Company, in Gallatin Covmty 53 

An act to amend an act entith-'d "An act to incorporate the Carroll County Coal and 

Mining Company," appi'oved February 11, 1857 56 

An act, to inco:porate "The Carroll County Potrolcuni and Mining Company". ... 56 
An act to define and erdargo the corporate powers of the Coal Valley Mining Com- 
pany ,♦. 57 

An act to amend an act entitled "An a'ct lo incorporate the Eagle Coa5 Company," 

approved February 14, 1857 59 

An act to incorporate the Empire Coal Company 59 

An act to incorporate the Empire Mining and Oil Company . . 61 

An act to incorporate the Forsytlie Coal Mining Company 62 

An act to incorporate the Hardin Salt and Mining Company 64 

An act to incorporate the Illinois Cal.fornia Silver Minmg Company. 66 

An act to incorporate the Illinois Lead Mining and Smelting Company 68 

An act to incorporate the Illinois Mining and Oil Company 69 

An act to incorporate the Illinois Petroleum and Mining Company 7'i 

An act to incorporate the Illinois Petroleum and Mining Compaiiy 71 

An act to incorporate the Illinois Valley Coal Company 73 

An act to incorporate the Kankakee Coal Company 74 

An act to incorporate the Lincoln Coal, Wood and Lumber Company 76 

An act to amend an act entitled "An act to incorporate the Madison County Coal 

Company," approved February 13, 1857 77 

An act to incorporate the Ohio and Mississippi Yalley Petroleum and Mining Com- 
pany , 78 

An a^ct to iscorporate the Morris Coal and Oil Company SO 

An act to incorporate the National Lead Company 81 

An act to incorporate the Ottawa Petroleum and Mining Company 82 

An act to incorporate the Pontiac Coal Company , So 

An act to incorporate the Rock Island Petroleum and Mining Company 84 

An act to amend an act to incorporate the Ohio River Saline Coal Mining and Man- 
ufacturing Company, approved January 16, 1855 85 

An act to enable purchasers of the property of the Saline Cord and Manufacturing 
Company, sold under foreclosure or other proceeding in law or equity, or pursu- 
ant to the provisions of mortgages or deeds of trust, to organize a corporation, 

and to exercise corporate and other powers 86 

An act to incorporate the Wilmington Coal Mining and Manufacturing Company. . 88 

MONUMENT ASSOCIATION: 

An act to incorporate the Lovejoy Monument Association 91 

NAMES CHANGED, Etc.: 

An act to make George Washington Andrews heir-at-law of Edward A. Andrews. . 93 

An act to change the name of Clara Cook to Clara Gavitt, and make her the heir- 
at-law of Sidney Gavitt 93 

An act to change the name of William Ilolden to that of Alvan W. Gilbert, and 
to make him the legal heir of Alvan Gilbert 94 

An act to change the name of Sarah E. Keplin to Sarah E. Cameron, and to make 
her heir-atdaw of James Cameron 94 

An act to change the name of Alta Z. Orr to that of Alta Z. Adams, and to adopt 
and thereby constitute Alta Z. Adams, George Adams and John Q. Adams the 
lawful heirs of George Adams and Margery Ann Adams, his wife 95 

An act to change the name of June Thompson Singleton to Minnie Jane Van Vegh- 
tcn, and make her the heir-at-law of Thomas S. Van A'eghten 96 

An act to change the name of Caroline A. Smith to Caroline A. Gorman, and make 
ii'>r lieir-at-law of Thomas (t. Gorman and Caroline A. Gorman his wife 96 

NAVIGATION COMPANIES : 

An act su{)i)lementary to an act entitled " An act to incorporate the Kankakee and 
Iroquois Navigation and Manufiiciuring Comf)any," approved Fel)ruary 15, 1847, 
«ince changed by act of 1 s.'jy to the n:une nf the Kankakee Company ^& 

An act to incorpornte tiie Sterling Navigation Com[)anv, and for the improvement 
of a part of Rock River '. " 98 



CONTENTS. 5 

An act to provide for the location, improvement and regulation of a certain Park 
therein named i aq 

PLANK ROADS: 

An act to incorporate the Galesburg and Henderson Plankroad Company 109 

An act to amend the charter of the Northwestern Plank Road Company in the 
county of Cook, and to authorize the sale of the franchise Hg 

PRINTING AND PUBLISHING COMPANIES: 

An act to incorporate the Cairo Democrat Company. Hg 

An act to incorporate the C'uicago Republican Company UY 

An act to incorporate the Illinois Staats Zeitung Company 119 

An act to incorporate the Peoria Gazette Company 12i 

An act to incorporate the Religio-Philosopbical Publi.shing Association 122 

An act to incorporate the Union Printing Association 125 

An act to incorporate the West Publishing Company. ... * 126 

RAILROADS: 

An act to incorporate " The Adams County Railroad Company" 127 

An act to incorporate the Atlantic and Pacific Railroad Company 129 

An act to incorporate the Cairo and Mound City Railroad Company 133 

An act to incorporate the Cairo and St. Louis Railroad Company 135 

An act to amend an act entitled "An f.ct to incorporate ttis Chicaso ajd Alton 

Railroad Company," approve(' February 18, 1861 137 

An act to incorporate the Chicago, Danville and Vincennes Railroad Corapanv, . . 140 
An act to authorize the Chicago, Burlington and Quincy Railroad Company to 
take up that portion of its road between Batavia, in Kane county, and the Junc- 
tion, in DuPage county, and to extend its railroad from such point in the town 
of Batavia, on its present line, to a point they may select, on the line of the 

North-Western (late the Galena and Chicago Union) Railroad, Illinois 145 

An act to authorize the Chicago, Burlington and Quincy Railroad Company to take 
up that portion of its road between Batavia, in Kane county, and the Junction, 
in DuPage county, and to extend its railroad from such point in the town of 
Batavia, on its present line, to a point they may select, on the line of the North- 
Western (late the Galena and Chicago Union) Railroail, in Kane county, Uliudis. 145 
An act to authorize the Chicago, Burlington and Quincy Railroad Company to 

extend its railroad from Aurora to Morris 146 

An act to amend the charter of the Chicago and Great Eastern Railway Company. 147 
An act to extend the powers of the Chicago and Northwestern Railway Company. . 148 

An act to incorporate the Chicago Sterling and Warsaw Railroad Companv 149 

An act to incorporate the Clayton and Rushville Railroad Company ISO 

An act to revive the act to incorporate the Belleville and Ulinoistown Railroad 

Company, approved February 12, 1849, and to amend the saine 154 

An act to amend the charter of the Belleville and Southern Illinois Railroad, ap- 

proved Febriiary 14, 1857 • 155 

An act to amend section number one of the charter of the Belleville and Southern 

Illinois Railroad • • • • 155 

An act to revive the charter of the Bloomington, Kankakee and Indiana Railroad 

Company 155 

An act to incorporate the Danville and Mattoon Railroad Company 156 

An act to amend the charter of the Fulton Railfoad Company, approved February 

21, 1863 *. 160 

An act to authorize the Great Western Railroad Company of 1859 to increase the 

capital stock of said company 160 

An act to amend an act entitled "An act to incorporate the Highland and St. Louis 

Railroad Company" 161 

An act to incorporate the Illinois and Fox River Railroad Company 161 

An act to incorporate the lUi'.ois River and Pana Railroad Company 163 

An act to incorporate the Madison County Railroad 165 

An act to enable the Illinois Central Railroad Company, the Chicago, Burlington and 
Quincy Railroad Company, the Michigan Central Railroad Company, and the Clii- 
cago and Northwestern (late the Galena and Chicago Union) Railroad Company, 
to "own, jointly, a certain piece of railroad in the city of Chicago 171 



6 CONTENTS. 

RAILROADS : page. 

All act to enable the Michigan Central Railroad Company to acquire and hold real 
estate ." 171 

An act to incorporate the Mississippi Railioad Company 172 

An act to construct a railroad from the ^lis^issippi river, in Illinois, opposite Mus- 
catine, Iowa, to Camden, Rock I>iand eounty, Illinois 180 

An act to amend an act entitled "An act to incorpor:ite the Monticello Railroad 

Company" 184 

An act in relation to the Mount Carbon Coal and Railroad Company 187 

An act to incorporate the Northern Railway Company 188 

An act to amend an act entitled "An act to incorporate the Xorthern Illiiiois Rail- 
road Company," approved February 24, 1859 191 

An act to amend an act entitled "An act to charter the Ottawa, Oswego and Fox 

River Valley Railroad Company" 192 

An act to incorporate the Pana, Springfield and Northwestern Railroad Company. . 192 

An act to amend the charter of the Paris and Decatur Railroad Company 198 

An act to amend an act entitled "An act to incorporate the Pekin, Lincoln and De- 
catur Railroad Company," approved February 21, 1861 198 

An act to amend the charter of the Peoria and Hannibal Railroad Company, and to 
authorize said Company to build a bridge across the Illinois river at Havana, in 

Mason county 202 

An act supplemental to an act entitled "An act to incorporate the Peoria, Pekin 

and Jacksonville Railroad Company," approved June 11, 1863 203 

An act to change the name of the Pittsburg Railroad and Coal Comp my, and to ex- 
tend its means of u iefalness 203 

An act to empower the Quincy and Toledo Railroad Company to extend its Rail- 
road to the Mississippi River at Quincy 205 

An act to incorporate the Quincy and Warsaw Railroad Company 205 

An act to revive and continue in force an act entitled "An act to incorporate the 
Randolph county Coal, Railroad and Manufacturing Company," and for other pur- 
poses ." 208 

An act to incorporate the Rockf(,>rd, Rock Island and St. Louis Railroad Comi any. . 209 
An act to aniend an act to incori)orate the Rock Island and Alton Ruilroa-' Com- 
pany, approved February 14, 1855 214 

An act to incorporate the Sangamon Valley Railroad Company 214 

An act to incorporate the Shawneetown branch of the Illinois Central Railroad 

Company 216 

An act to incorporate the Shawneetown branch of the Illinois Central Railroad 

Company 218 

An act to amend an act entitled "An act to incorporate the Springfield, Keokuk 

and Warsaw Railroad Company," approved February 13, 1S57 220 

An act in relation to the St. r^ouis, Alton and Rock Island Railroad Compar.y. . . . 220 
An act to incorporate the St. Louis, Vandalia and Terre H.nute Railroad Con.panv. 221 
An act to authorize the inhabitants of the township ot Sycamore, in DeKalb coun- 
ty, to subscril)e to additional stock ot the Sycamore and Cortland Railroad 

Company 223 

An act t') incorporate the Tolono and Indianapolis Railroad Company 224 

An act to amend an act entitled "An act to incorporate the Vincennes and Deca- 
tur Railroad Company," ;i]iproved February 13, 1 857 227 

An aet to incorporate the Wilmington and Monee Railroad Company 22? 

RECORDS: 

An act for transcribing certain records in Fulton county 230 

An act authorizing the transcribing of certain reeords in ITardin county, and to 

amend an act thiTein nuined 231 

An act aiuhorizing tiie county court of Jackson county to transcribe certain records 

therein named 232 

An a'-t ri'ijuiring an index to circuit court lecords of McDonough county to be 
kept, ;ind authorizing the clerk of said court to keep abstracts of lands in said 

county 233 

An act t(> amend an a-'t entitled "An act to authorize the iiidices to records of con- 
veyances in Moui'oe couiiiy tn he tran>ci ibed and pei'lected" 234 

An aet relating to tli'' recoi'der's ollice of I'eori:! CMUP.tv 234 

An act to provide foi' the ab.-;ti'aetiii^r the ix'cords of tix sales in the counry of 

Peoria '. . . 235 

An act to transci'iiie certain recfu'ds in the countv of St. Clair 235 

An act to provide lor tran,-ci jirmg the public records of Winnebago county 236 



CONTENTS. ^ 

REFORM SCHOOL: 

PAGE 

An act to authorize the Supervisors of Grundy county to establish a Reform School., 2zi 
RELIEF: 

An act for the relief of Charles Atkinson 238 

An a-: t for the relief of the heirs of Jacob J. Barnsback, deceased '. 2*39 

An act to declare Alvina Blackm:in heir-at-law of Jemima Dawson, late of Clark 

coun cy, deceased 039 

An act for the payment of Allen C. Fuller, late Adjutant General of the State of 

Illinois 240 

An act for the relief of the German Evangelical Lutheran School at Addison! ! '. '. '. 240 

An act for the relief of Susan Keedy 241 

An act for the relief of Benjamin King, of Greene county ] 241 

An act for the relief of Thomas J. Larrison and others 242 

An act for the relief of William S. Maus and others 242 

An act for the relief of H. F, McCloskey 243 

An act for the relief of George McHenry 244 

An act for the relief of Ira Minard and Sarah, his wife 244 

An act for the relief of Jeptha C. Noe 246 

An act for the relief of the securities of Julius A. Pratt, late collector and treasurer 

of the county of Henry 247 

An act for the relief of Joseph Reynolds ... 247 

An act for the relief of William Ross 248 

An act to make a certain appropriation to Mrs. Roxanna Scott 249 

An act for the relief of Mrs. Frances ]). Shugart, the wife of John Shugart, jr 249 

An act for the relief of certain persons therein named 250 

An act for the relief of Jeremiah M. Wardwell 251 

An act in relation to the real estate of George Washington, (a colored man) de- 
ceased 251 

An act for the relief of the securities of Jacob P. West, late sheriff of Mason 

county 253 

An act for the relief of the sureties of -John A. Wilson, late sheriff and collector 
of Hamilton county, in the state of Illinois 253 

RESURVEY : 

An act to authorize a resurvey of township 24 north, of range 2 east, in McLean 
county 254 

ROADS : 

An act to legalize the acts of the commissioners of highways in the town of Cor- 
dova and county of Rock Island 257 

An act to vacate a certain county road therein mentioned 257 

An act to amend the charter of the Lake View Avenue Company 258 

An act to authorize the legal voters in the Northern tier of sections in township 
five north, and township six north, in range ten, west of the third principal me- 
ridian, in Madison county, to levy a tax for the purpose of Macadamizing certain 

public roads , 258 

An ac" to incorporate the Quincy and Pittsfield Macadam or Telford Road Company. . 261 

An act to vacate a Road therein named and relocate the same 263 

An act to locate a State Road in the county of Cook 264 

An act to relocate a state road therein named 265 

An act to amend an act entitled "An act to locate and establish certain state 
roads therein named, through the counties of Terry, Randolph and Jackson," 

approved February 18, 1861 266 

An act to relocate a certain state road therein named 267 

An act to relocate a portion of a state road therein named 267 

An act to locate a state road therein named 268 

An act to establish a state road therein named. 269 

SHARPSHOOTERS: 

An act to incorporate the Chicago Sharpshooter's Association 270 



S COXTENTS. 

SCHOOLS: page. 

An act to provide amendments to the Bloomington School Law 271 

An act, to amend an act entitled "An act for enhirging the Carthage School Dis- 
trict,'' approved February 22, 1861 2*72 

An act to authorize the Board of Supervisors of Edgar county to apportion the 

county school fund to the several townships of Edgar county, on the same basis 

that the state school fund is now apportioned 2*73 

An act for the establishment of a system of graded schools in the town of Cordova. . 274 
An act to aircnd an act entitled '"An act for the establishiuent of a system of 

graded schools in the city of Gale^burg 279 

An act to amend an act entitled ''An act to incorporate the directors of the 

Xaperville Graded School," in force June 13, 1863 279 

An act for the establishment of a system of graded schools, in the city of Lincoln. . 280 
An act tor the establishment of a system oi graded schools in "Warsaw, Illinois. . . 287 

An act to incorporate the Kankakee School District 295 

An act to attach certain lands therein named to school district number two, in 

township one south, range four west, in Brown county 300 

An act to incorporate the Lockport School District 301 

An act to amend an act entitled "An act to establish free schools in the city of 

Otta\ya, in the eounty of LaSalle," and an amendnunt to said act, approved 

February 1, 1861 303 

An act to amend former laws as to Pittsfield School District in the county of I'ike 

and state of Illinois '. 303 

An act in relation to school district Xo. 5, township 38, range 8, county of Kane, 

and state of Illinois , 304 

An act to legalize the action of the school directors of district number one (1,) 

in township number twenty-five (25,) county of Tazewell, and state of Illinois, 

and to authorize the school directors of said district to borrow money, and issue 

bonds therefor, for the completion of a school house in said district 305 

An act to regulate the renting and sale of the school section in town thirty-eight 

(38) north, range thirteen (,13) east 307 

An act to establish a corporation in Sparta School District for the purpose of 

public education 307 

An act to consolidate certain school districts in township one south, range twelve 

west, in Wabash county, Illinois 312 

An act to regulate the renting and sale of the school section of town thirty-eight 

(88) north, range thirteen (13) east 313 

An act to repeal an act entitled "An act to change a school district therein named," 

approved February 21, a. d. 1861, and to create a new school district 313 

An act to create a school district in the town of Decatur, Illinois, to be known as 

"The Decatur School District." 314 

An act to legalize a certain tax levied by the school directors of school district 

number three, in township thirty-four, in Grundy county 321 

An act to change the boundaries of school district No. 3, in township two north, 

range ten west, in St. C'air county 322 

An act enabling school directors of a school district therein named to manage and 

control the school property of said district 322 

An act to establish union school districts in Akron and Hollock townships, in the 

county of Peoria 323 

An act to estuljlish the Charleston Union School District, in the county of Coles, 

and state of Illinois 323 

An act to incorporate the Fairburg Union School District 328 

An act to enable Winchester School District to issue bonds 333 

SHEEP GROWERS: 

An act to protect sheep growers in the counties of Henry and Bureau 333 

An act to protect sheep growers in the counties of Whiteside and Winnebago. . . . 334 

TAXES: 

An act to po.-tpono the collection of the revenue for a. d. 1864, in the township 
of Galva, Henry county 334 

An act to reduce the back taxes in the town of Gilman, Iroquois county 835 

An act to authorize the Board of Supervisors of the county of La Salle to correct 
the levy and assessment of taxes against the First National Bank of La Salle. . . 335 



CONTENTS. 9 

TAXES: 

An act to authorize the county of McDonough to i<sue bonds and to levy taxes for 
the purpose of building a court house in said couiit\' 33g 

An act to enable the inhabitants of Poiitiac township, county of Livingston in 
the state of Illinois, to levy a tax for the purpose of experinienMng for htone 
coal, coal oil and other minerals, in the vicinity of Pontiac, Illinois 337 

An act to authorize the levy and colkction of a tax in the towns of Rivoli and 
Richland Grove, in the county of Mercer, for the payment of bounties to persons 
mustered into the service of the United States 337 

Au act to extend the time of the coUeciiou of taxes in Stephenson and Knox coun- 
ties, and to authorize Stephenson county to fund its debt and levy a bridge tax. . . 338 

An act to enable the towns of Wilmington, Essex and Norton to pay certa.n debts 
therein mentioned 339 

TEMPERANCE SOCIETY: 

An act to incorporate the Independent Order of Good Templars of the Slate of 
Illinois 340 

TOWNS : 

An act to incorporate the town of Anna 342 

An act to repeal an act entitled ''An act to incorporate the village of Antioch in 

Lake county," approved February 16, 185Y 347 

An act the better to incorporate the town of Areola, county of Douglas, and state 

of Illinois 347 

An act to amend the charter of the town of Atlanta, empowering the president and 
trustees of said town to build a jail or prison, to make sidewalks, to levy aid col- 
lect taxes for the same, to amend sections 23 and 26 of said town charter 360 

An act to incorporate the town of Auburn 362 

An act to incorporate the town of Barrington, in the counties of Cook and Lake, 

and to le^^alize the election of town officers therein 369 

An act to change the name of the town of Benton to that of Williamsville, and 

incorporate the same 373 

An act to incorporate the town of Bridgeport, in the county of Lawrence, and 

state of Illinois 373 

An act to incorporate the town of Bushnell 387 

An act to incorporate the town of Camden Mills 393 

An act to authorize a vacation, resubdivision and partition of Canalpor i n Cook 

county 400 

An act to incorporate the town of Carlinville 402 

An act to amend the charter and increase the powers of the town of Carlyle, Clin- 
ton county 413 

An act to amend the charter of the town of Carthage 421 

An act to incorporate the town of Clayton, Adams county 422 

An act to anrend an act entitled "An act to incorporate the town of Clinton, De- 
Witt county, Illinois." 429 

An act to legalize the incorporation of the town of Chenoa, McLean county, Illinois, 

and for other purposes 430 

An act to amend the charter of the town of Columbia, Monroe county, State of 

Illinois 431 

An act to incorpcr ite the town of Courtland 431 

An act 1. 1 incorporate the town of Crotty 483 

An act to change the name of the village of Danforth, in Tazewell countv, to 

TuUamore ." 437 

An act to amend an act entitled "An act to incorporate the town of Edwards- 

ville, in Madison county, state of Illinois," approved February 10, 1853 438 

An act to change the name of the town of Ellsworth 440 

An act to authorize the vacation of streets and public grounds in the town of 

Evanston 440 

An act to amend an act entitled "An act to incorporate the town of Farmington, 

in Fulton county," approved February 18th, 1857 441 

An act to incorporate the town of Franklin Grove 450 

An act to amend the charter of the town 0I Girard, in Macoupin county 459 

An act to incorporate the town of Golconda 460 

Au act to amend an act entitled "An act to incorporate the town of Grayville, 

in the counties of White and Edwards," approved February 13, 1855 471 

—2 



10 



C05"rENTS. 



TUWNS: PAGE. 

An .ict to uiiu-nd ;;n act riititlt-d "Ar. ;u;t to ainriid an art oiititlcd 'ar, ac-t to incor- 
j')');'alo till* town of" Il;ivana, Mis )n countv,' approV'd F'.-brUiU'v 12, IS-jv," ap- 

])1ov(m1 F.'binary 18, ]8rj7 ". . . '. 473 

An act to incofp'iratc the town of llicrliliuifl, in Mnr]i-on connty, Illinois 474 

A^n act to aiH'-'ii'l an act entitled "An act to c^iablfsli tlie town of llvde Park, in 

Cook cnunty," apjiro\-ed February 20, 18ij1 481 

An act to l('pali/,o an addition to tliu town of J .ck-onvil!e 4^5 

An act to amend a.n a.'t entitled "An act to incoi'pojat'; the to^vn of Kewanee," 

approved F.-hmary 14, l.So7 483 

An act to ine )i poiMte a board of trur^tees for the town of Lake Vi'-w, in Cook 

county 484 

An act to amend an act entitli'd "An act lo incorporate trie town of Lane, in t!ie 
countv of 0,^le," api)i-oved February '^2, 1861, and to chanL^e the i;ame of said 

town. '. ." r 488 

An act ley:alizing certain acts (jf ihe tnv>ii <>!' La Salle, in La Salle county, and for 

other purii'i^e,-; 491 

An act to amend aii act entitled "An act to incorporate the town of Lewiitown," 

approved Febrinry ](], 1 S'>~ 402 

A;) act to cii.'.nL;e the name of the town of Libertv, in Kando]j)h couritv, to Rock- 

woi.d ■ " 493 

An act the belti'r to itrovidi' tor the incorporation of the town of Lynnville 493 

An act to iiieorpoi'at" the town of Maiion, in the cijunty of \ViHi;ini?on 49S 

An act to iocoi-por ite the town of Ma<on, in Kllingham countv 507 

Ari aet to :',mei;d an act entitled "Asi act to incorp irate the town of Mattoon,'' ap- 
proved Febiaiary 22, \6')'J 511 

An act to amenii an act entitled "An ac-t to incorporate the town of Mendota.". . 512 

An act to amend the jireseiit cli liter o'' ihe tov, n ot Moiinc 512 

An act to cii-.ne;e the width of a certain sti-eet in the town of Ml. Vernon 513 

An act to incorporate the town of Xashville 513 

An act to e]ianjj;i' tlu; !;amc of North IJloomir.^ton, and to vac:'.te certain streets 

her.nn Mlened to 517 

An act t ) incorporate the tov/n of Odin, in Marion county, and for other pur- 

po.-i'S 51 ( 

An act to incoi porate the tmvn of O'Falhei, in tin.- county of St. CI. .if 524 

A.n act to incorporate the t..u n of (»-]i' Station 529 

An tict tn am en 1 1 the cl'oirt'r of the town of I 'an a o--''6 

An act to incor[ior;<.te th" town of I'axtem 5^7 

An ac-t t\i' incoi porate the t iwn of I 'lano 542 

An act to amend the ch;;rtcr of the town of Piymouih in Hancock county 548 

An act to air^erid an act e!;t tied "An aet to incorporate the town of Polo, in Ogle 
connt\," approved Februafv Id, 1857, and als i to amend an act entitled "An act 
to arocnd an ;ict entitled an aet to incorporate the town of Polo," approved 

Feluuary 18, 1850 54S 

An act to extend th.e C'.>rpo'ate jtowet? of the town of Poiuiac 550 

An act to create an additional votin'j; precinct in the tovrn of Prairie City, in Mc- 

Ihuioue'h countv •••• 560 

An act fuvtlier to amend ati act entitled "An act to extend th.e corporate powers 

;_if T,h ' towii of J'linecton. and to amend the several amendtnents thereto oi'iO 

An act t) incorporate thi' town of Iialeieh 5d2 

An act to chanu'e tlic name of Steuben, in Piaudolph countv. to that of Shiloh 

Hill .' ' o62 

An .aet ti inc irpiUMte ilie loun of Ivic'.imond, McIIeviry county, Illinois ooo 

An act to incor|i,>iat" tiie kmvii of i-n hvi-w In>9 

An aet to incfirp irate tiie town of R )ekv»-(iod 5~2 

An a.ct to iin-orporate the to\vn. of Sennuiaek 57S 

An act to (h.tac'i tlie town of Somonaidv from tlie con- tv of DeEaib, and annex 

the :-ame to t'.ie count v lo'' Kendall 5 79 

A.n act to repeal s.'itioii tour (-! i of a:i act tlieiein imn ed 5S3 

An act to amend an act entitled ".\ii act to incorporate the town oi Toulon."... 583 

An at to elian;;e tlie na.me i,f the t>v,-u of Trenton, in the coutity ot Bureau 584 

An act, to incorporate the toi\ii ol" Trtuiton, in Clinton county. State of Illinois. .. 584 
An act to ainiMid all act eatiiled "An act tlie better to provide for the incorpora- 

cion of tiie town of Tus-o'a." 589 

.\n act Lo mcoipoiatc th" to^vii (if Uppep Alton 590 

An act to aiivnd an act cniitled ".'u; act to ii corporate tlie tov.ii of Vienna.".... 600 



CONTENTS. 11 

TOWNS: PAGE. 

An act to incorporate the town of Virden, Macoupin county, Illinois 600 

An act to amend an act to incorporate the town of Washington 611 

An act to amend an act to incorporate the town of Washington 612 

An act to more clearly define the limits of the town of Watseka, in the county 

of Iroquois ', 614 

An act to incorporate the town of W^heaton, Du Page county, Illinois 614 

An act to amend the charter of the town of \\^ilmington, in the county of Will. . . 623 

An act to incorporate the town of Windsor, in Shelby county, Illinois 634 

An act to incorporate the towii of Wyoming 642 

An act to incorporate the town of Xenia 644 

An act to change the name of the town therein named 650 

TURNPIKES: 

An act to incorporate the Illinois and Indiana Turnpike Company 650 

An act amendatory of an act entitled "An act to incorporate the St. Clair ceunty 
Turnpike Company," approved February 13, 1847 653 

VACATING STREETS, ALLEYS, ETC.: 

An act to locate a certain allev therein named 654 

An act to vacate certain alleys herein named - 654 

An act to vacate a certain street and alley therein described 654 

An act to vacate certain alleys in the town of Carthage, Hancock county 655 

An act to vacate an alley in Hawley's addition to the town of Carthage 655 

An act to vacate an alley in tlie town of Taylorville 656 

An act to vacate an addition to the town of Hamilton 656 

An act to vacate a part of an addition to the city of Rock Island, known as Briggs 

Place 656 

An act to vacate a portion of the plat of Potts' addition to the town of Jerseyville. . 65*7 
An act to vacate that part of Cook's addition to the town of Kapp i therein named. . 65Y 
An act to vacate a part of Reeves, Durkees, Safford and Co.'s addition to Oakwood 

and Hamilton, Hancock county 658 

An act to vacate block seventeen (17) in the town of Byron, Ogle county 658 

An act to vacate certain blocks, lots and streets in Morrison's addition to the town 

of St. Charles y 658 

An act to vacate Michigan terrace, between Maple avenue and Brook street, in 

('leaureville and vicinity • • 659 

An act to vacate a certain park or public square in the town of Farmington in 

Fulton county 659 

An act to vacate all the streets ani alleys in Mead's addition to the town of 

MaysviUe ." 659 

An act to vacate a street therein named 660 

An act to vacate a portion of a .street in the town of La Clede 660 

An act to vacate a portion of a street or public landing in the city of Morris, in the 

county of Grundy, and to dispose of the same 660 

An act to amend an act entitled "An act to vacate streets and alleys in the town 

of Vandalia, therein named, and other purposes, and to vacate public square in 

Huntriville, SchuUer county 661 

An act to alter, re-locate and vacate streets in the village of Cuba, Lake county. . . 661 
An act to vacate a street therein described, and to sell the land now occupied as 

said street for the benefit of the school fund of the town of Berlin, in Bureau 

county "';" 

An act to vacate certain streets in the town of Camargo 662 

An act to vacate the triangle in McHenry county 663 

An act to vacate n portion'of the town plat of the town of Bourbon 663 

An act to vacate the town plat of Munroeville, in the county of Henry 663 

An act to vacate the town plat of the town of Kinnorwood, in the county of Bureau. . 664 
An act to vacate a part of the town of Winsor, in Mercer county, Illinois 664 

WAREHOUSE AND TRANSPORTATION COMPANIES: 

An act to incorporate the Chicago and Berrien Shipping Company ;• •_ 664 

An act to incorporate the Farmers' Warehouse Association, of Atlanta,^ Ilhuois. . . 66 j 
An act to incorporate the Farmers' Association, of Homer, Champaign county, 

Hlinois ^^^ 



12 CONTENTS. 

WAREHOUSE AND TRAXSPORTATION COMrANIES: 

An act to incorporate the Great Western Warelioiise and Transportation Company. . fi08 

An act to iucorp ^rate the Missouri and Illinois Transportation Company 671 

An act to incorporate the Lake Michigan Warelmuse and Transportation Company, 

of Illinois 672 

An act to incorporate the Mississippi and Illinois Transportation Company 674 

An acr. to incorporate the River Transportation Company 676 

An act to incorporate the Union Stock Yard and Tran.-it Compmy, of Chicago. . . 678 
An act to incorporate the Union Warehouse and Transportation Company 6S.3 

WATER FOWER COMPANIES: 

An act to incorporate the Moline Water Power Company 68.j 

An act to require the owners of tlie Rockton Water Power to contribute ratably to 

its maintenance and improvement 6?6 

An act to incorporate the Belleville Water woiks Company 6S7 

WINE COMPANY : 

An act to incorporate the Egyptian Wine Company 691 



PRIVATE LAWS. 



LEVEES. 



AN A.CT to amend an act entitled "An act to incorporate the Mississippi In force Feb. 16, 
Levee Company," approved February 20, 1861, and to construct a railroad ^^^• 

thereon. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That the fifth 
section of the above named charter be and the same is Times changed. 
hereby amended so as to strike out the words " within two 
years and complete the same in five years" and insert 
" within ten years and complete the same within fifteen ^ 
years." 

§ 2. Said company shall have the power to construct a May unite and 
railroad on the whole line of said levee, or any part thereof, ''°°°'*=*- 
and shall have power to unite and consolidate its ^ railroad 
with any other railroad now constructed or which may 
hereafter be constructed within the state, and may extend 
said road from the northern or north-eastern terminus of 
said levee to the Mississippi river, or to connect with any 
road lying in a north-easterly direction, and may extend 
their said road in a southerly direction to connect with any 
road hereafter to be built in said southerly direction : Fro- 
vided, said extension shall not extend further than twenty 
miles from their respective ends of said levee, and generally 
that all the rights and privileges granted to the Illinois 
Central Kailroad Company are hereby conferred on the 
Mississippi Levee Company, to construct said road : ^ Pro- proviso. 
vided, said corporation shall be subject to such limitations in 
reU*ion to rates of fare for transporting passengers and 
tariff on freight as shall hereafter be imposed by general 
lavv. 

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

Approved February 16, 1865. 
— *2 



2 LEYEES. 

In force Fell. 10, AN ACT to amend an act to provide for the constructing of a levee frora 

•"^'■''*' Prairie Du Pont village, in St. Clair county, to Harrisonville, in Monroe 

county, approved February 24, 1859, and to declare the commissioners 

appointed by virtue of said act, a body corporate under the name and 

style of " The St. Clair and Monroe Levee and Drainage Company."' 

Section 1. Be it enacted ly the Feojple of tJte State of 
Illinois, represented in the Genercd Assembly, That the 

Name and style, comniissioiiers appointed bj said act, to -svliich this is an 
amendment, or in pursuance of the provisions thereof, to 
wit: Andrew Donnan, William B. Quis^lej, Christian 
Roein, John H. Wilson and Theodore Miller are hereby 
constituted and declared to be a body corporate and politic 
by the name and style of " The St. Clair and Monroe 
Levee and Drainage Company,'' and by that name shall 
have perpetual succession, and may have a common seal, 

General i-owcrs. an(_j make and alter the same at pleasure ; they shall have 
power to contract and be contracted with, to sue and be 
sued, to plead and be impleaded, and to do and perform, in 
their corporate name, all such acts and things as are or may 
become necessary for the accomplisliment of the purposes 
of this act of incorporation as fully and completely as a 
natural person might or could do. 

^^J<^^*- § 2. The object and purposes of this act of incorporation 

shall be the leveeing and draining of the lands within that 
part of the district of lands described in the act to which 
this is an amendment, lying within the following southern 
boundary line, to wit : Beginning where the township line 
between township number one south of range eleven west 
and township two south of range eleven west intersects the 
Mississippi river, from thence east on said township line to 
the north-west corner of section number four, township 
two, south of range eleven west, from thence on a straight 
line in a south-easterly direction to the sonth-west corner of 
section number twelve, same township and range, from 
thence east on the section line on the south side of section 
twelve to the blufls on the east side of the American 
Bottom, and to prevent the inundation thereof or such por- 
tion or portions of the same as the said corporation may 
deem susceptible of drainage and protecti(>n from inunda- 
tion ; for the furtherance of which objects and purposes the 
said company are hereby empowered to make by-laws, not 
inconsistent with the constitution of the United States and 
the constitution and laws of this state, and which shall be 
binding alike upon said company and those who contract 
with them. 

Division af lands § 3. The lands in said district shall be divided into two 
divisions : that portion of said lands lying in St. Clair 
county shall constitute the St. Clair division, and that por- 
tion lying in the county of Monroe shall constitute the 
Monroe division. 



District. 



LEVEES. '^ 

§ 4. The said corporators shall appoint one of their President. 
number president, whose duty it shall be to preside over 
their deliberations, and in the absence of whom they shall 
appoint one of their number president pro temi. The said officer?, 
corporators shall appoint a secretary, a treasurer, and the 
sheriffs of said counties shall be the collectors in their re- 
spective counties, who may or may not be of their number 
and who shall, severally, enter into bonds, in a sum suffi- 
cient to fully indemnify said company against loss by reason 
of their failure to discharge the duties of the respective 
offices. The said levee corporators may appoint such subor- 
dinate officers and agents as they may deem necessary to 
effectually carry out the purposes of this corporation, and 
may require bonds for the faithful discharge of the duties 
of such subordinates or agents. In no case shall either of 
said levee corporators, the treasurer, secretary or collector 
of said company, be interested in any contract for or letting. 
of work to be done by said company, under penalty of for- 
feiture of their respective offices, and the payment of the 
sum of five thousand dollars, to be recovered by action of 
debt, in the said corporate name, before any court having 
jurisdiction thereof. 

§ 5. Said corporation is authorized and hereby empow- Location of 
ered to survey, locate, construct and complete dikes, ditches, 
levees, embankments, culverts, roads, bridges, guard locks 
and dams, to change, clear out obstructions in or widen the 
channel of any creek, and to keep the same in repair, over, 
upon, through or across any lands lying within said dis- 
trict; and shall have power to survey, locate and construct r^jg^'t of way. 
their works over, under and across any public or other road 
which now is or may hereafter be laid out or constructed in 
said district ; and for such purposes, shall have the right of 
way upon, and may appropriate to the use and purposes 
contemplated herein, all the lands, stone, timber and mate- 
rials of every kind necessary for the location, construction 
and alteration of said dikes, ditches, levees, embankments, 
culverts, bridges, locks and roads, and for the maintenance 
and repair of the same, by condemnation and payment of ^^^^a"^^- 
damages, under the act of this legislature, approved March 
3, 184:5 : Provided^ that in cases of appeal by either party. Proviso. 
said company may use the property condemned, upon giv- 
ing bond with security in double the amount of the damages 
assessed, payable to the owner of the property upon final 
judgment, which bond and security shall be approved by 
the clerk of the circuit court where the property is taken. 

§ 6. The said corporation may, in its corporate name, w^y p^opa-tr'^ 
receive, take and hold, either by gift, purchase, devise, be- 
quest or otherwise, any real or personal estate, for the use 
and advancement of the purposes of said corporation, and 
may, in their corporate name, miortgage, sell and convey 
any real estate by them held, whether the same be pur- 



4 LEVEES. 

chased, p;iven, devised, bequeathed, or conveyed directly to 
said corporation or to any of its officers for tlie use of said 
}'rov!5o. cor[)oration : I^ra'ided^ that the real estate held ])y said 

corporation at any one time, shall not exceed in value the 
sum of oric hundred thousand dohars. 
Borrow money. g 7. The Said companv shall have poy^er to borro^y 
money on the credit of the company at any rate of interest 
not exceeding ten per cent, per annum, but the indebted- 
ness of said company, for borrowed money, siiall at no 
time exceed the sum of twenty-live thousand dollars. 
To issue bonds. ^ S. The Said corporators may issue bouds witli interest 
coupons attached, not exceeding the sum of twenty-five 
thousand dollars, and secure the payment of the same by 
mortgages or deeds of trust on the whole or any part of 
the franchised property and income of said com.pany, then 
existing or thereafter to be acquired ; such bonds to be re- 
deen:ial)le, not more than twenty-tive years after date, and 
to bear interest, payable annually, at a rate not exceeding 
ten per cent, per annum; which bonds may be sold by said 
company, at such times and at such places, either within or 
without this state, and at such rates and for such prices, as, 
in the opinion of the corporators, will best advance the in- 
terest of the said company ; and if such bonds, or any of 
them, are thus negotiated or sold, for less than their piar 
yalue, such sale and disposition tliereof, shall be as valid and 
binding on the company in every respect, as if they were 
sold or disposed of at their par yalue. 
Record of acts. ^^ 9^ The Said Corporators shall keep a journal of their 
proceedings, and for that purpose shall provide a well bound 
book to be styled ''The Levee Corpt-ration Journal," in 
which they shall cause their secretary to record, at length, 
the proceedinr^s of their board: and the transactions of 
each day en which said board may be in session, shall be 
signed by the ]>resident, as an evidence of the correct- 
Levee v^cord. iiess thereof. They shall provide themselyes with a well 
bound book, to be styled " Levee Corporators' Eecord," in 
yhich they shall cause to be recorded ail bonds given by 
said corporation, or for the use thereof, all contracts made 
by or with said company, and all bonds or evidences of in- 
debtedness of the said company, and such other matters or 
instruments of writing, as the said board of corporators may 
Levee tax book, from time to time direct ; and they shall also provide tliem- 
selves with a suitable book to be styled "Levee Tax Book," 
in ydiich shall be recorded a list of each tract of land in the 
said district, the description thereof, the number of acres in 
each tract as far as practicable, and the name of the owner 
thereof, if known, noting such tracts, or what part of any 
tract, is not susceptible of drainage by the ^yorks contem- 
plated in 'this act ; the amount and date of the assessments 
made by said levee commissioners from time to time upon 
each tract of land within said district. 



LEVEES. . 5 

§ 10. _ For the purpose of defraying the expense of the Annual ux. 
contruction of levees, embankments and draining said dis- 
trict or any portion thereof, and for tlie Hquidation of any 
indebtedness, contracted by the said corporation in the pros- 
ecution of the objects of its incorporation, the said company 
is hereby empowered to levy and ^ collect annually, a tax, 
not exceeding in the aggregate, twenty thousand dollars; 
which tax shal' be levied upon the several tracts of laud in 
the said district, in proportion to the beneht to accrue to the 
tract of land so assessed, and wh^re no benefit will arise, no 
tax shall be assessed upon such lands as are not benefitted. 

§ 11. In any year which the said company may deem it Tax lists, 
expedient to levy and collect a tax for the prosecution of 
their w^orks, the said board of corporators, shall, at some 
regular meeting of their said board, previous to the first of 
September of any year, proceed to assess and levy, by an 
order of said board, to be entered on their journal, a tax 
upon the lands in the said district, in accordance with tiie 
provisions and limitations of this act. The said board of 
corporators shall cause to be made out and delivered to 
their collectors, on or before the tenth day of October next 
after making such levy and assessments, a complete list, 
certified by their secretary and president, containing a des- 
cription of each tract of land on which they have levied a 
tax, the number of acres in the same, the amount of tax 
levied thereon, the name of the owner thereof, if known, 
which list, so certified, shall be a sulficient warrant to au- 
thorize said collector to collect of the owners of said land.-, 
the taxes and assessments thereon made, by the said corpo- 
ration. 

§ 12. Upon the receipt of said lists, certified, the collec- collection of tax 
tors of said company, shall fix upon some public place or 
places in each division of said districts, and appoint days 
upon which he will attend at such places, for the purpose of 
receiving the levee taxes due from the land owners in the 
said district, and shall give at least twenty days' previous 
public notice, by posting one or more notices in each divi- 
sion of said district, and by publication in some newspaper ' 
printed in the county where the land lies, of the time when, 
and the place where, he will attend, for the purpose of re- 
ceiving said taxes. All persons wdio shall not have paid 
their said taxes within ten days after the days upon which the 
said collector shall attend, in the respective divisions of said 
district, for receiving the same, shall be in default, and the 
said collector may proceed to collect the said taxes, by dis- 
tress and sale of personal property, in all respects the same 
as state and county taxes may be collected by distress and 
sale of personal property. 

§ 1-1 The collector of said company shall return to the Delinquent ust. 
board of " levee corporators," on the last Monday of No- 
vember of any year, in which they levy a tax, a list of de- 



LEYEE8. 



I,!-=t of (lelin. 



■^ale of 
<iuent la; 

'UX. 



ilfliii- 
.Is fi.r 



linqneiit luiiu.-, upon v.-liicli lie lias been iiiiablo to c;ollect 
the Jc'vee tax tliercon, for any cause. The s;iid collector 
shall make oath, thattlie said list contains all tlie lands upon 
vrhich he has l)een unable to collect the said tax; and the 
said collector shall, on the lirst day of ever}' uKjnih, pay 
over to the treasurei' of said comj^any, all moneys by him 
collected for the said cor])onition. 

,x' li. The collectors of said comjjany shall tile a list of 
the delin(|uent lands of the St. Clair division of said district, 
with the county clerk of St. Clair comity, and a list of the 
dtdiiKpient lands in the Monroe division, with the county 
clerk of Monroe county, at least live days before the term of 
said courts, at which, application is made f n' a jiK'gment, 
which list, with the allidavit of said collectors thei-eto, shall 
be recorded by said clerk, in the same ]-ecord in which is 
recorded tlie list of delinrjueiU lands for state and county 
taxes. The list ujay be in the followin::: form: 

A LIST of liiiuls reported l)y tho colh-ctor of tue St. Clair and ilonroe Levee 
;iiid Drainage Company, upoii wliich lie hii< Ix'cu unable to cidlect the 

special tax ai^sc^^sed tlieiu on ijy t'.o said company for the year a. i). , 

and now on tiiis day of , a. d. 18 — , !if s t!u~, his p'.'liiiou for a 

judpnienl and order of sale at,':iiiist saiil lan'l, lyiii!Z in coir^ty, at the 



Ai.iilicatio 
judgment 



11.^ f'u- 



.ImlL'mont 
taxes. 



for 



Owners" name. 



Deseriplion 
of land. 



Xo of Am'nt 
acres, of t.ix. 



Interest. 



Cost. 



Total 
amount. 



T\'iihin live days after judgment shall have been rendered 
airaiiL-t any lands, for taxes due thereon, or as soon there- 
alter as practicalde, the clerk of the county- conrt ^hall make 
out and deliver to the sheriff of the proper county, as col- 
lector of said company, a certitled co]\v of the judo-ment 
and order of the court, and his certiticate of the truth of 
such record ; y/hich record, so attached, shall c.'nstitute the 
]>rocess u]ion which tlie collector of said company shall be 
authorized to sell the delimpient lands fur taxes, and wlrich 
vrarrant or process shall be I'ccorded by their secretary in 
the hn-ee tax book of said company, 

;: 15, The collectors of said company shall give notice 
in the same manner, for the same length of time, and which 
notice shall contain, in substance, as near as uiay be, the 
same facts of his intended application for a judo-ment against 
delimp.ient lamls, as is now rcipdred by law, to be given in 
like cases, by the collector of state and county taxes, 

§ 10. On the hearing of the appli.ation for judgment 
against delinquent lands, as lierein provided, the county 
court shall proceed to hear and determine the matter, and 
where there is no valid defense, enter judgments, in all res- 



LEVEES. 7 

pects the same as in the case of applications for judgments 
against delinquent lands, by collectors of state and county 
taxes. 

§ 17. At the time fixed for the sale thereof, the collector 
of said company shall proceed to sell said lands, in accord- 
ance with the provisions of the law authorizing the sale of 
lands for state and county taxes. And the collectors shall 
report to the county clerks their proceedings, which shall be 
preserved as in cases of sales for county taxes. 

§ 18. Lands sold for the taxes due thereon, by the col- Redemption of 
lector of said company, may be redeemed at any time before 
the expiration of two years from the date of sale, by the 
payment, to the clerk of the county court of the proper 
county, of double the amount for which the same was sold, 
and all levee taxes accruing after such sale, with ten per 
cent, interest thereon from the day of sale, unless such sub- 
sequent levee tax has been paid by the person for whose 
benefit the redemption is made, which fact may be shown 
by the collector's receipt : Provided^ that if the real pro- 
perty of any minor heir, feme covert or lunatic, be sold for 
taxes, the same may be redeemed at any time within one 
year after said disability be removed, upon the terms speci- 
fied in this section, which redemption may be made by their 
guardians or legal representatives. 

§ 19. The clerks of said county courts shall, from time to Redemption mo- 
time, on demand, pay over to the treasurer of said company over!'' ^ ^^^' 
the redemption money provided for in section eighteen of this 
act, and said treasurer is hereby authorized to give receipts 
for the same in the name of said company. 

§ 20. Said company may purchase lands at such sales, ^bu™^^iands "for 
for levee taxes, and hold the same as natural persons, and taxes. 
any officer or agent of said company, or member, ma}*^ pur- 
chase and hold such lands in like manner. 

§ 21. The collectors of said company shall execute and Deed, 
deliver to the purchaser of any tract of land sold for taxes, 
in pursuance of the provisions of this act, when the same 
shall not be redeemed within the time prescribed by law, a 
deed, conveying the same to him and his heirs forever, and 
when the purchaser shall have complied in all things with 
the obligations imposed upon purchasers of lands sold for 
state and count}^ taxes ; and all deeds made by the said 
collector conveying to the purchasers thereof any tract of 
land sold for the taxes due said company, by virtue of the 
provisions of this act, shall be received in all courts of jus- 
tice, and elsewhere, as evidence of the same facts provided 
by law for sherifl"'s deeds under the revenue laws of this state. 

§ 22. No owner of lands in said district, or ofiicer of 
said company, shall, in consequence thereof, be disqualified as 
a witness ; nor shall any owner of land in said district be 
disqualified as a juror in any suitor legal proceeding where- 
in said company shall be a party to the suit or in interest. 



LEVEES. 



Affidavit for | 23. TliG collectors of said company sliall, witliin ten 



'leert 



days next after they shall have executed a deed to any pur- 
chaser of delinquent lands for taxes, or as soon tliereafter as 
• practicable, cause to be recorded by the clerk of the proper 
couDty court the affidavit made by the said purchaser of his 
compliance with the sixth section of the act entitled, ''An 
act to amend the several acts concerning the public reve- 
nue," approved February 8, 18±1», and when so recorded by 
the said secretary, the said affidavit shall be _^y/'7"//'i(^ y«6*z6 
evidence of its contents. 
List of lands sold ^ 24:. Thc collcctors of said comi)any shall, within ten 
days next after any tax sale by him made, or as soon tliere- 
aftei- as practicable, return to the county clerk of said county, 
the warrant by virtue of which the said lands were sold, 
with a certilicate attached thereto setting forth the name of 
the purchaser and the description of the tract or part of 
tract sold, which certilicate shall constitute the return of 
said collector, and said return shall be recorded by said clerk 
in the judgment book for taxes, and bo evidence in all courts 
and places, 
r.ecord evidence. ^ 25. The joumal, tax book and record of said compa- 
ny, or any matter or thing in eitlier of them contained, duly 
certified by the secretary of said company, with the seal of 
said company affixed, shall be taken and received as evi- 
dence in all courts and places in this state. 

§ 20. In all proceedings to be had, done or performed 
in pursuance of any of the provisions of this law, and when 
the owner of any tract of land is not known, such owner 
may be described as "unknovv'n.'' 

^ 2T. The clerks of the county court and the printers 
publishing the delinquent list shall be allowed the same fees 
allowed by the laws of this state for like services to be per- 
formed in relation to the collection of state and county 
taxes. The collector of said company shall be allowed a 
reasonable compensation by the said company, not exceed- 
ing the fees allowed, for like services, by law to the collector 
of state and county revenue. The secretary and treasurer 
of said company shall be allowed such reasonable compen- 
sation as the said company shall order. The corporators 
hereby and hereafter a]ipointed shall not be entitled to any 
fee for their services. The subordinates and agents of said 
company shall receive a compensation for services, to be 
fixed by the said company. 

§ 28. All contracts for work to be done for said corpora- 
tion, exceeding in value the sum of two hundred dollars, 
shall be let to the lowest responsible bidder ; of the letting 
of which, previous public notice shall be given. 

^ 29. That it shall be the duty of the state treasurer and 
the county treasurers of Monroe and St. Clair counties, im- 
mediately on receiving the county and state revenue of each 
year, to ]>ay to said company for the term of fifteen years, 



LEVEES. 9 

all taxes collected on the lands in said district, over and 
above the amount which would have been collected by the 
state and county respectively, if said lands were assessed the 
same as in the year 1859. 

§ 30. If at any time the said corporation shall neglect or commissioners 
refuse to levy and collect a tax, in pursuance of the provisions lect'^ux!'" 
of this act, sufficient to liquidate the indebtedness of said 
company, contracted in accordance with the act of incor- 
poration, when due and the interest thereon, from time to 
time, on application by any creditor of said company or 
holder of any bonds thereof, the circuit courts of Monroe 
and St. Clair counties shall appoint five commissioners, who 
are hereby vested with power to levy and collect taxes for 
the liquidation of said indebtedness in all respects the same 
as the levee corporators of said compan}^ might levy and ' - 

collect the same : Provided^ that twenty days' notice of said 
application shall be given by publication in some newspaper 
published in one of said counties. 

§ 31. Assessments heretofore made by the said levee ^^j^'^^™^''*^ ^^■ 
commissioners are hereby legalized, and the taxes under 
such levies uncollected may be collected under the pro- 
visions of this act, and lands sold, if necessary, under the 
provisions of this act for that purpose. Before any other as- 
sessments are made, upon the secretary of said company fur- 
nishing said collector's hst of lands on which taxes are due 
and unpaid, said collectors shall proceed in all respects as^ 
required by the provisions of this act to collect the arrears of 
taxes now due and unpaid by distress and by sale of lands 
in default, under order of the proper county court, and their 
deeds to purchasers shall have the same effect as under as- 
sessments hereafter made, and redemptions from sales for 
taxes now in arrears may be had as under sales upon future 
assessments. 

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

Approved February 16, 1865. 



AN ACT to levy and make certain improvements on the Wabash river and In force Feb. 16, 

its tributaries. 
« 

Section 1. Be it enacted hy the People of the State of 
Illinois^ rejpresented in the General Assemlly, That Jacob 
Wolfe, William J. Crews and John Jackson, of the county Directors. 
of Lawrence, and their successors, be appointed a board of 
directors, to locate and superintend the construction of a 
levee, from a point on the Wabash river, at or near the town 
of Russellville, to such point below the Ohio and Mississippi 
railway as, in the opinion of said board, may be advisable; 
also, between such points on Hat creek, or elsewhere, as 



10 LEASEES. 

maybe advisable and V\'ithiii tlie townships hereinafter men- 
tioned. ; who shall have full power and authority to construct 
said levees, to adopt such measures as they may deem ne- 
cessary for the construction, repairs and preservation of the 
same, and to do all and everything that may be necessary 
to ]nake said work answer the purpose of their construction; 
and are also, for the purposes aforesaid, hereby made capa- 
ble in law to contract and be contracted with, sue and be 
sued, ])lead and be impleaded, by tiie name and style of 
'•Tlie Ij<;)arvd of Directors for leveeing the AVabash river and 
its tributaries, on Allison Prairie." 
J'"*"'"- § 2. That all owners of real estate within the territory 

embraced within the following limits, to-wit : Townships 
three (3), four (4) and five (5) north, range ten (IQ) west, and 
townships three (3), four (4) and live (5) north, range eleven 
west, shall, on the second Monday in April, eighteen hundred 
and sixh'-six, and every two years thereafter, elect three 
resident freehohlers of said territory to succeed the board 
herein appointed, who shall hold their offices for two years, 
and until their successors are duly elected, 

^::-'''' ^'f '-•I'^c- ^i ;3_ The board of direetr»rs shall ffive three weeks' no- 
"''"• •••11-1 • • • • 1 

tice or said election, by posting up written notices in three 

of the most public places in said territory; shall fix and 
regulate the time and manner of holding, conducting and 
directing said election ; shall ajipoint judges and clerks, pre- 
scribe their duties, and make all other needful regulations 
appertaining to the same. 

chnirraan and s 4, Said board shall, at their first meetino-. oro-anize by 
appointing one of their body chairman; and shall also ap- 
point a clerk, whose duty it shall be to keep and preserve 
all the books and papers belonging to the board ; and shall 
also adopt such rules and by-laws, ibr their own government, 
as they may deem right and proper. 

iu-cords. § .J. The board shall keep a book, in which all its orders, 

resolutions and contracts shall be recorded and signed by 
tliose members of the board present at their adoption : and 
a majority of said board shall have all the power to act, in 
all matters coming within the scope of the power herein 
conferred on said board, as fully and as completely as if the 
whole of said board were present and concurred therein. 

Assessments. ^^ G. The board, as soon as practicable, and as often 

thereafter as they may deem proper, shall appoint two dis- 
interested freeholders, whose duty it shall be to carefully 
examine the lands in said territory ; to rate and assess the 
benefit said improvements are or may be to each tract or 
farm, and return the same under their hands to said board 
of directors, with a certificate, indorsed and sworn to by 
them, that it is a true and faithful assessment, to the best of 
their judgment ; and said assessments shall be liens upon 
the difterent tracts of land upon which they are assessed 
until they are fully paid. 



LEVEES. 11 

§ 7. The board of directors ma}'-, by a resolution of their Assessments t^> 
board, order the whole ot sucli assessment to be paid at one ^^''"'" ^''"'■ 
time or call for the payment thereof in Installments, as in 
their opinion may be deemed most advisable ; and sliall give 
notice of the time that payment shall be made, and the per 
cent, or portion of assessment to be paid, by written notice 
. in three of the most public places in the territory above de- 
signated, for at least ten days before the duplicate hereinaf- 
ter mentioned shall be delivered to the treasurer for collec- 
tion : Frovided^ that the amount which the board shall order 
to be collected shall not be more than ten per cent, in excess 
over the amount which they shall have contracted to pay 
within one year for any work or expenditures upon said 
levees. And if any person, so assessed as aforesaid, shall re- 
fuse to pay the amount of call upon his assessment, when 
demanded hy the treasurer, and the same cannot be collect- 
ed, the whole assessment of such person shall be deemed 
and taken to be due, and shall be returned as delinquent; 
and whenever a further call shall be made, or additional 
portion or per cent, of such assessment shall be demanded, 
in the manner aforesaid, like notice shall be given, and a 
new duplicate issued and like proceedings had as herein 
prescribed. 

§ 8. The board shall appoint a treasurer, whose duty it Treasurer. 
shall be to receive and collect all assessments and pay out 
moneys to the order of the board ; shall iix his compensa- 
tion, and require such bonds of him as they may think ad- 
visable. 

S 9. The board shall make out a duplicate of said assess- Duplicate assess- 
ments, under their oihcial signatures, with the amount to be 
paid by each person opposite his name, and hand the same 
over to the treasurer ; which duplicate shall be his receipt 
for collecting the same, and shall have the force and effect 
of a writ o^ fieri faoias in the hands of said collector; and 
all persons who shall not pay, or of whom said collector has 
not collected the amount of their assessments, within two 
months from and after the delivery of said duplicate, shall 
be returned to him by said board as delinquent. 

§ JO. The board of directors, to enforce the collection of delinquent taxes 
said assessments, may file a certified copy of such delin- 
quent list in the circuit court of the proper county, and 
cause summons, in the nature of a scire facias, to be issued 
against each delinquent who may reside in said county, 
which summons shall be served by the sheriff of the proper 
county, and if served ten days before the first day of court, 
judgment may be rendered by said court against each of said^ 
delinquents for the sale of their lands, for the payment of 
such assessments and costs, which sales and judgments shall 
be governed in all respects by the laws which may be in 
force regulating tlie foreclosure of mortgages, and the sheriff 
I sales consequent thereon. 



13 LITERARY AND SCIENTIFIC SOCIETIES. 



Non-resident § 11. It" aiiY of Said d<.'lin(|Uonts be norj-rcsideiitc^. noticG of 

ovruLi-^. ^1^^ pendency of such iippIicMtif»n shall be published in one 

of the nearest newspapers, six successive vv'eek^, sixty days 
befoi'o the lirbt day of court at v.'hich iud^nient mav be ren- 
aered, 

Pa-uofway. ^. 1:^. Xlio board of directors shall have the right of 

M-ay, and cause said levee t'j i^e made, as near as practicable, 
to the Wabash river ; sliall receive donations for building 
said levee, and shall cause said work to be done in a perma- 
nent and lasting manner. 

ci'^ims. ^ lo. The board of directors are hereby authorized, and 

it is made their duty, to audit and adjust any and all claims 
of any and all persons who may have done any Yv'ork, fur- 
nished materials, or expended any money in tlie erection of 
any levee within the territory ai'oresaid since the first of Au- 
gust, A. D, 1803, and to pay wliarever amount may be due such 
clainiants, out of any moneys in the treasury not (otherwise 
specially appro] »riated. 

^'■■^'^'^^'^<^7- § li. If a vacancy shall at aiiy time occur in said board 

of directors aforesaid, by the death, removal or resignation of 
one or more of the members tiiereof, the clerk of the board 
shall give notice of the time and place of hc'lding a special 
election to till such vacancy, to be iixed and designated by 
Iiim in said notice, and, in the absence of said board, or a 
majority thereof, may appoint tiie judges and clerks of said 
election, and superintend the same, and declare the person 
or persons elected, and his action in the premises slndl be 
regularly entered on the minutes of the board. 

<? 15. This act to take effect from and after its passage, 
shall be a ]}ublic act, and be liberally construed, for the pur- 
poses therein named, and all acts coming in purview of this 
act are hereby repealed. 

AiTi^ovED February IG, 1S65. 



In force Feb. 16, AX ACT to iticorporato the Art Gallerv, of Ch-oa-o. 

1865. ' . ' ^ 

Section 1. Be it enacted ly the Peo]:^e of the State of 
Illinois, represented in the Genercd Assembly, That George 

Corporators. P. A. Ilcaly, J. Youug Scammou, Edwin 11. Sheldon, John 
F. Stalibrd, Thomas B. Br van. Georo-e F. Runisey, David 
J. Ely, William Blair, William Bross, Charles H. Bay, 
Thoiiias Iloyne, Walter L. Newberry, James Dr.ggan, John 
B. Turner, Charles T. Scammon, David A. Gage, John H. 
Dunham, Harvey M. Thompson, Uriah II. Crosby, Eiias T. 
Watkins, and such persons as are or may hereafter be asso- 
ciated with them and their successors, are hereby constituted 

Name anJ style, a body corj)0rate, by the name of ''The Art Gallery of Chi- 



LITERARY AND SCIENTIFIC SOCIETIES. 13 

ca^o," for the purpose of establishino; and maintaining an 
art gallery and school of design in Chicago, Illinois, with 
power to sue and be sued, to take and hold real estate and PowerB. 
other property, by purchase, gift, grant, devise, or otherwise, 
and to lease, convey and dispose of the same at pleasure. 

§ 2. The estate, property and financial concerns of said Trustees. 
corporation shall be managed and transacted by a board of 
nine trustees, to be elected by the stockholders, as herein- 
after mentioned, who shall determine the general manner 
of conducting said gallery. 

§ 3. The nine persons first named in the first section of First board, 
this act shall constitute the first board of trustees, and shall 
be divided by lot into three classes. The time of service of T^^'ee classes 
the firsT; class shall expire on the second Monday in January, ^'''^^^^^^' 
A. D. 1866, and that of the second class in one year there- 
after, and that of the third class in two years thereafter. 

§ 4. On the second Monday in January, 1866, isnd on Annual election. 
the same day in each year thereafter, there shall be an elec- 
tion of three trustees, who shall hold their ofiice for three 
years ; all vacancies in the board of trustees then existing 
shall also be filled at such election. Such election shall be 
by ballot, and by a majority of the stockholders pi'esent or 
represented. 

§ 5. Said corporation may have a capital stock of such capital stock. 
an amount as the trustees shall deem requisite for the pur- 
poses of the corporation, divided into shares of one hundred 
dollars each. Said trustees may increase the capital stock 
from time to time, to such amounts as may be deemed ne- 
cessary to carry out the purposes of the corporation. 

§ 6. Any person holding a certificate for one or more Membership, 
shares of said capital stock shall be a member of this corpo- 
ration, and enti»-led 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. 

§ 7. The trustees shall choose their own ofiicers, and make officers. 
their own laws, and may till an}^ vacancy in their body, by 
appointment of qualified persons, until the next election ; and 
said trustees shall hold office until their respective successors 
shall be elected, anything in this act to the contrary notwith- 
standing. 

§ 8. The trustees, at each annual election, shall make Annual report. 
and submit a report to the stockholders of the state of the in- 
stitution and its finances. 

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

Approved February 16, 1865. 



Power,-. 



l-i LITERARY AND SCIENTIFIC SOCIETIES. 

vce Feb. 16, AX ACT to incoiDorato tli" Cliieacro Acadernv of Sciences. 

l^C). 

Truuiii.ie. AYiiEREAs, ail acSOciatioii lias lieretofuie been formed in the 

city ofChicag'O, called ''Tiic Ciiicago Acadeiu j of Sciences," 
the object of which is tlie increase and diffusion of scientiiic 
knowledge by a museum, a library, by tl:e reading and 
publication of original ]>apers, and by such other suitable 
methods as shall, from time to time, be adopted; now, 
therefore, in order to encourage and promote the above 
declared objects of the said association, 
Section 1. Ue it eruicii'd by the PcojyJe of the State of 
Illinois, re-presentcd in the General Assemhly, That J. Young 
Scammon, George C. AYalker, Iloiruio G. Loomis, Daniel 
coi-poratoi-s. Thoj.p-ou, Ed muud Al kcrj, ]']zra B. McCago", Eliphalet W. 
Blatchford, William E. Doggett, Eobert^Kennicott, Ed- 
mund Andrews, Ilosmer A. Johnson. Oliver F. Fuller, 
James W. Free, William Fross, Jair^es V. Z. Blaney, Ben- 
jamin F. Culver, and their associates and successors forever, 
are hereby declared and created a body corporate, by the 
Name and style, iianieund stvlc of " Tlio Chicago Academy of Sciences,'' 
and by that name shall have perpetual succession ; shall be 
capable in law to contract and be contracted with, sue and 
be sued, implead and be impleaded, within all courts of com- 
petent jurisdiction ; may receive, acquire and hold real and 
personal property and effects, and may sell ar^d dispose of 
the same at pleasure; nu\y have a common seal, and alter the 
same at their pleasure ; may make such constitution, regula- 
tions and by-laws as njay be requisite fur its government, 
and for carrying out the objects of the association, and not 
contrary to the laws of the land, and may alter the same at 
their ple;isure. 
iiy-iaws. § L!. The constitution and by-lav.'s of said association, 

now in operation, shall govern the corporation hereby crea- 
ted until regularly altered or repealed by the association : 
and the present otiicers of said association shall bo officers 
of the corporation herel)y created, until their respective 
terms of othce shall regularly expire or be vacated. 
Property. ^^ 3. All the luoney, property and efl'ects of said, "The 

Chicago Academy of Sciences," shall be held and man- 
aged by and the title thereto, as also the title to all the real 
estate owned or to be owned by said Academy of Sciences, 
shall be vested in the l)oard of trustees from time to time 
being, as provided in the constitution of said Academy of 
Sciences; and all contracts and conveyances of said Academy 
of Sciences to be binding shall be executed by tlie president 
and secretary of the board of trustees. 

vj 4. This act shall be a public act, and shall be in force 
from and after its passage'. 

ArrROYED February 16, 1S05. 



LITERARY AND SCIENTIFIC SOCIETIES. 15 

AN" ACT to incorporate the Aurora Library Association. In force Feb. IC, 

18(55. 

Section 1. Be it enacted by the People of the State of 
Illinois, rejpresented in the General Assembly, That E. li. 
Allen, L. K. Wagner, S. A. Emerson, C. L. Hoyt, Charles Name and style. 
Wheaton, A. W. Stolp, E. N. Bradley, J. W. Phillips, A. 
Jenks, M. McFarland, Samuel Parker, Eugene Caniield, 
W. J. Terry, W. II. Miller, M. Felsenheld, A. G. McDole, 
O. B. Knickerbocker, L. W. Blakesly, Pt. "W. Gates, John 
Hanna, A. K. Perry, S. B. Sherer, N. S. Otis and D. W. 
Stockwell, their associates and successors, are hereby con- 
stituted a body politic and corporate, under the name of 
"The Aurora Library Association," and by that name they 
and their successors shall and may have succession, shall Powers. 
be capable of suing and being sued, contracting and being 
contracted with; may have and use a common seal and the 
same may alter or change at pleasure, and may take, re- 
ceive, purchase, hold, encumber and convey such real and 
personal property as may be necessary for the purposes of 
said corporation, and may establish such constitution and 
by-laws for the government of the same, not inconsistent 
with the constitution of this state or of the United States, 
as said corporation may deem expedient. 

§ 2. The object of said corporation shall be to found and object, 
establish a library and reading room, to provide for and 
maintain literary and scientiiic lectures, and to disseminate 
knowledge. 

§ 3. The first meeting of said corporation for the pur- First meetmL'. 
pose of adopting a constitution and organizing under this 
charter, may be called by any three of the corporators here- 
in named, by giving one week's notice in the Aurora Bea- 
con newspaper, of the time and place of such meeting. 

§ 4. This act shall take effect from and after its passage. 

Approved February 16, 1865. 



AN ACT to incorporate the Eccritian Literarv Society of Monmouth. In force Feb. 16, 

1S65. 

Whereas an association has heretofore been formed in the Preamble, 
city of Monmouth, called the Eccritian Literary Society 
of "Monmouth College, the object of which is the estab- 
lishment of a society and library for literary and scien- 
tific purposes ; now, therefore, in order to encourage and 
promote the above declared objects of the said society. 
Section 1. Be it enacted by the People of the State of 

Illinois^ 'represented in the General Assembly, That J. M. 

Baugh, A. Beveridge, Josiah Moore, W. F. Woods, T. corporators. 

Turner, J. E. Moftatt, J. C. Gordon, G. H. Patcheu, S. 



16 



LITERARY AND SCIENTIFIC SOCIETIES. 



Name and style. 
Powers. 



By-laws. 



Offioers. 



Piixton, W. II. Gibson, A. J. Ternpleton, J. F. Mo^-re, and 
their associiites and successors forever, are hereby declared 
and created a body corporate, by the name and style of the 
"Eccritian Literary Society of Monmouth, Illinois," and by 
that name shall have perpetual succession; shall be capable 
in law to contract and be contracted with, sue and be sued, 
implead and be impleaded, in all courts of competent [juris- 
diction] ; may receive, acquire and hold real and personal 
property and eiiects suitable to the carrying out of the ob- 
iects of this society; may have a omnioii seal, and alter the 
same at their pleasure ; may make such constitution, regu- 
lations and by-laws as may be requisite for its government 
and f )r carrying out the objects of the society, and not con- 
trary to the laws of the land or the rules and regulations of 
said Monmouth college, and may alter the same at their 
jdeasure. 

§ 2. The constitution and bydaws now in force shall 
govern the corporation hereby created until regularly al- 
tered or repealed by the society, and the present officers of 
the said society shall be officers of the corpc>ration hereby 
created until their respective terms of office shall regularly 
expire or be vacated. 

g 3. This act shall be a public act, and be in force from 
and after its ]iassage. 

ArPKovED Feb. 10, 1SG5. 



In force Feb. 16, AX ACT to incorpjorrite the Springfield German Ecadlng Association at 
1^6.5. Springfield, Sangamon county, State of Illinois. 

Section 1. Be it enacted hy the Peoj/Je of the State of 
Illinois^ represented in the General AssemUy^ That Simon 

Corporators. Ilirschbaclv, F. Gcbbcrs, Adolph Schwartz, John Breusinfr, 
Dr. II. Wohlgemuth, Roliert Ptudolph, William Marx, 
Bernhard Meissner, Julius Ilammerslough, Adolphus Mey- 
ers, William Ilelmle, and such other persons as shall from 
time to time become members of said association, are hereby 
incorporated, and shad be a body corporate and politic by 

Name and style, tlic uauic and stylc of " Springiield German Reading Asso- 
ciation,-' located at Springfield, Sangamon county, state of 
Illinois, and under that name shall have perpetual succes- 

Powera. sion, (111(1 sluill be ca])able of suing and being sued, pleading 

and being impleaded in all courts both of law and equity in 
this state, and may have and use a common seal, and the 
same to alter and amend at pleasure ; and by their corpo- 
rate name and style shall be capable in law of contracting 
and being contracted with, and of acquiring by purchase or 
otherwise, and of holding and conveying real and personal 



LITERARY AND SCIENTIFIC SOCIETIES. 17 

estate, either in fee or for a term of years : Provided^ that • 
they shall not at any one time, have or hold property ex- 
ceeding in value ten thousand dollai'S. 

§ 2. Said corporation shall at all times have full pow- By-iawe. 
er and authority to ordain, make and establish such by- 
laws, rules and regulations, as they shall judge proper for 
the better government and regulation of the ottieers and 
members of said association, and for ascertaining an equal 
annual rate of contributions, to be paid by the members 
thereof in aid of the funds of said association, and for pre- 
scribing the time and place for the meetings of said associa- 
tion, and the manner by which the objects of the same, to 
wit : the promotion of literature, science, and music, may 
best be effected, such laws not to be inconsistent with the 
laws of this state and of the United States. 

§ 3. Said association may select one of its members to steward, 
act as steward or landlord, furnishing victuals and refresh- 
ments on the premises and in the buildings of the associa- 
tion only on the days and hours appointed by the executive 
committee thereof. ' 

§ 4, That for the better carrying on the business and Annual election, 
affairs of said corporation, there shall be annually elected, 
on the iirst Monday of March of each year, an executive 
committee, consisting of one president, one vice president, 
one treasurer, secretary and one librarian, who shall hold 
their offices for one year and until their successors are elect- 
ed and qualified. 

§ 5. That in all suits of law or equity brought against Suitsatiaw. 
this association, or in any suit brought by this association 
ao'ainst any of its members or against any other person or 
persons, any member of this association shall be admitted 
as a competent witness. 

§ 6. This act to be in force from and after its passage. 

Approved February 16, 1865. 



AN ACT to iacorporate the Odd Fellows' Library Association of Blooming- In force April 17, 

ton. ^^^• 

Section 1. Beit enacted by the People of the State of 
Illinois^ represented in the General Assemhly^ That Kobert 
Thompson, H. R. Price, Henry S. Herr, Peter Rockwell, corporator.. 
Henry Conklin, and Ezra M. Prince, and their associates 
and successors, are hereby created a body politic and cor- 
porate, by the name and style of "The Odd Fellows' Li- Name and etyi.. 
brary Association of Bloomington, Illinois," and by that 
name and style shall have perpetual succession, with power 
to sue and be sued, plead and be impleaded, defend and be 
defended, in all courts of law and equity. 
— *3 



18 LITEEARY AND SCIENTIFIC SOCIETIES. 

Powers. § 2. Said corporation shall have power to acquire, hold 

and convey property, real, personal and mixed, in all law- 
ful ways ; to have and nse a common seal, and alter the 
same at pleasure ; to adopt, alter and amend such rules, 
regulations and by-laws, as may be necessary for the gov- 
ernment of said association. 

Lonn funds. § 3. Said corporatioii may loan any or all parts of its 

revenue. 

Officers and § 4. Tlic Said corporatiou shall have powder to elect such 
officers and appoint such agents as may be deemed neces- 
sary for the w^ell being of the same, and for the furtherance 
of the objects of the association. 

Object. § 5. The objects of said association are the cultivation of 

literature, science and useful knowledge, and the collection 
and maintenance of a library in said city of Bloomington. 
Approved February 15, 1865. 



afreuts. 



In force Feb. 15, AN ACT to incorporate the Peoria Mercantile Library Association. 

1365. ' 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That, Tobias 

Naineand style, g. Bradley, Joliu L. Griswold, Lewis Howell, DeWitt C. 
Farrell, Mathew Griswold, Lorin Grant Pratt, Horace G, 
Anderson, Asahel A. Stevens, John Boyd Smith, and Eras- 
tus S. Wilcox, their associates and successors forever, are 
hereby declared and created a body corporate by the name 
and style of '' The Peoria Mercantile Library Association," 
and by that name shall have perpetual succession ; shall be 
capable in law to contract and be contracted with, sue and 
be sued, implead and be \m\ leaded in all courts of compe- 
tent jurisdiction ; may by purchase, gift or devise, receive, 
acquire and hold or dispose of real and personal property 
and effects for the purposes of the association ; may have a 
common seal and alter the same at their pleasure ; may 
make such constitution, regulations and by-laws as may be 
requisite for its government and for carrying out the objects 
of the association, and not contrary to the laws of the land, 
and may alter the same at their pleasure. 

Object. ^ 2. The object of said association shall be to establish 

and maintain a public library, merchants' exchange and 
reading: room. 

§ 3. This act shall be a public act, and shall be in force 
from and after its passage. 
Approved February 15, 1865. 



LITEEARY AND SCIENTIFIC SOCIETIES. 19 

AN ACT to incorporate the Young Men's Association of Princeton, Bureau In force Feb. Ifi, 

County, Illinois. 1865. 

Whereas an association has heretofore been formed in the Preamble, 
city of Princeton, called "Tlie Young Men's Association 
of Princeton, Illinois," the object of which is the establish- 
ment of a library and reading room, and for other literary 
and scientific purposes, now therefore, in order to en- 
courage and promote the above declared objects of the 
said association, 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Asseinhly^ That Stephen 
G. Paddock, John H. Bryant, Cairo D. Trimble, Charles P. Nam? ami suie. 
Allen, Zachery K. Waldron, Frederick W. Waller, Charles 
Baldwin, Henry F. Royce, A. Scott Chapman, and their as- 
sociates and successors forever, are hereby declared a body 
corporate, by the name and style of " The Young Men's 
Association of Princeton, Illinois," and by that name shall 
have perpetual succession ; shall be capable in law to con- rowers, 
tract and be contracted' witli, sue and be sued, implead and 
be impleaded, within all courts of competent jurisdiction; 
ma}' receive, acquire and liold real and personal property 
and effects, suitable to the carrying out the objects of the 
association ; may have a common seal, and alter the same at 
their pleasure ; may make such constitution, regulations and 
by-laws as may be requisite for its government and for car- 
rying out the objects of the association, and not contrary to 
the laws of the land, and may alter the same at their plea- 
sure. 

§ 2. The constitution and by-laws of said association, By-iaw». 
now in operation, shall govern the corporation hereby crea- 
ted until regularly altered or repealed by the association, 
and the present officers of said association shall be the offi- 
cers of the corporation hereby created, until their respective 
terms of office shall regularly expire or be vacated. 

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

Approved February 16, 1865. 



)2i> LOAN AND TfiUST COMPANIES. 

la force Feb. 16, AX ACT to incornorale tlio Chicago Loan and Dcpo.-It Companv. 

1 ')05. 

Section 1. Be it enacted hij tlie People of tlie State of 
Illinois, repiesentcd. in the General Assembly ^ Tliat James 
Kanieandsiyie. Lauiidei', AVilHaTii Lill, SamuL'l Ashtoii, James Kehoe and 
Bernliai'dt Blaesv, their associates and successors, be ind 
hereby are i!lCor[J(>ra^ed, under the name <>t' tlie '• Cliicaiico 
Loan and Deposit ('jimisany,'' wirli the powers and privi- 
leixes as hereinafter provided. 
Capital stock. ^ 2. Tlic Capital stock <:)f said compaTij shall be raised 

by sul)Scri[)tion, and siiall not exceed one hniidred thousand 
dollars, in shares (:>f one hundred dollars each. It shall 
have the ]io\ver of borrowing mnnoy on its own notes, or 
otherwise, not exceeding,' ti.e amount of its cajjitai stock. 
Whan to organ- | o. Wiicn twenty-livc thousand dollars shall have been 
'^'^' iliiiy subscribed, and iive thousand dollars actually paid in, 

the stockholders may organize and jsroceed to liusiness under 
this charter. 
Fiina=: loaned. ^ 4. Whcu thc com]^any has di.-posable funds it shall 
loan on all goods and cliatfels and ])roperty otfered, em- 
braced vrithin its rules au'l regulations, in the order in which 
they are <»Tlered, with this cxcej^fion. that the Company may 
always discriminate in favor of t\i\-A\\ loans to the indigent. 
It shall loan to four-iifths of the iippraised value on g(jld 
and silver plate and ware, :nid to two-tiiirds of such value 
on all other goods, chattels and property, as aforc-aid. 
!»to-e3t. c:; 5, The charge on all l<:)ans shall be uniform, and not 

exceed ten per centum per annum, as compensation for in- 
terest upon such loan. 
5>ii-ector3. g G. Tlic govemmeut of the C')n]pany shall bo vested in 

three directors, who shall l)e chosen annually by the stock- 
holders, as may be required by th.e rules, regulations and 
by-hiws of said company ; and such board shall elect one of 
their number president, and such other ofiicers as may be 
deemed necessary, 
i^oaiis. ^ 7. AH loan-' shall be for a lixed period of time, not 

exceeding one year, and the borrower shall have the right 
to redeem his ])roperty pledged at any time within the speci- 
iied period, on payment of the loan aiul compensation agreed 
upon, together with all charges for tturagc, insurance or 
otherwise. 
Ptorage, etc. § S. If the property pledged be not redeemed within 

the specified time, the same shall be sold at ])ublic auction, 
and the net sur])lu3, (after paying amount of loan, compen- 
sation, chai'ges for storage, insurance, etc.,) shall be held 
ninety days ibr the owner, and if not then called for the 
same shall go into a fund for the year, called tlie " proiit 
and loss fund." 
Loiije. § 9. All losses on loans, from failure of title or other 

cause, shall be satisfied from the said profit and loss fund. 



LOAN AND TRUST COMPANIES. 21 

§ 10. The company shall give to each borrower a card, card, 
subscribed with the name of the compan_y, a description of 
the article or articles pledged, the name of the borrower, 
the amount of the loan, the rate of compensation, the charge 
for storage, commission and insnrance/tho date when made, 
and the page of the book where recorded. 

§ 11. The company shall insure all property pledged to insurance. 
two-thirds of the appraised value thereof, and in the" event 
of loss or damage by tire shall be responsible to that extent 
to the owner or owners of said property. 

§ 12. The whole sum earned each year shall be disposed Dividends. 
of at the end of the year by being equitably divided among 
the stockholders. 

§ 13. The stockholders of said company shall and may By-iaws. 
from time to time establish such by-laws, rules and regula- 
tions for conducting the business of said company as they 
may deem necessary and proper. 

§ 14. The stock of said company shall be only transfera- stock. 
ble at its offices and on its books. 

§ 15. Nothing iierein contained shall be so construed as Lie 
to interfere with the right of the city of Chicago to impose 
a license upon said company. 

§ 16. This act is to be construed liberally, so as to pro- 
mote the carrying out of the ol jects herein intended, and 
shall take effect and be in force from and after its passage. 

Approved February 16, 1865. 



license. 



AN ACT to incorporate the Kane Countj- ^'avings, Loan and Tru.-t Coinpanv. In force Feb. 10, 

1SC5. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assemhli/, That B. F. 
Lawrence, M. C. Town, A. B. Fish, S. S. Ma..n, W. L. Pease, Name and style. 
L. Black, J. Teli't, and their associates and successors, and 
all such persons as shall become stockholders in the compa- 
ny hereby created, shall be a body politic and corporate, by 
the name and style of the '' Kane County Savings, Loan 
and Trust Company," and shall have succession, a common 
seal, which they may alter at pleasure, with power to sue 
and be sued, to plead and be impleaded, to appoint all neces- 
sary servants and assistants, and may have, enjoy and exer- 
cise all the powers necessary to carry out and execute the 
purposes and intent of a savings, loan and trust company. 

§ 2. The capital stock of said company shall be fifty capital stock, 
thousand dollars, with liberty to increase the same to two 
hundred thousand dollars, to be subscribed and paid for in 
the manner hereinafter provided, and shall be divided into 
shares of twenty-five dollars each, which shall be deemed 



oo 



J-OAN AND TRUST COMPANIES. 



personal propcrtv, and shall be traiisferable on the books of 
the said ctnipany, in such manner as its bydaws prescribe, 

R?»t estHte. ^ 3. It shall bo lawt'nl ibr the company' hereby incoi'po- 

rated to pnrchase and hold such real estate as niay be con- 
venient for the transaction of its business, anci to take and 
hold any real estate, in trust or otherwise, as security for or 
in payn.ient of loans and debts due or to i)econie due to the 
said company ; to purcliase real estate at any sale made in 
virtue of any loan, debt or mortgaij;e made to or held by the 
said company, and to receive and take in satisfaction of any 
such loan or debt any real estate, and to hold and convey 
the same. 

Trustees. ^ j:. Tiio affairs of this company siiall be managed by a 

board of trustees, of at least seven, who shall Ije stockhold- 
ers in the comj)an_y ; such election shall take ])lace by the 
stockholders vvhen two thousand dollars shall have been sub- 
scribed and live per cent, paid thereon ; and three of the 
corpoi'ators herein nanied shall i^c commissioners to open 
books for subscription, which shall be done within one year 
from and after the passage of this act. The money so re- 
ceived by the commissioners shall be paid over to the trus- 
tees when, elected ; the trustees shall elect a president, vice 
president and cashier from their body, annually. n:ake and 
execute such by-laws as may be convenient and neeessar}^ 
for the pi'Opei' prosecution of its Ivasiness, not inconsistent 
with this act or with the laws of this state or of the United 
States; but no by-laws of this corporation shall be ]>assed 
without the consent of a majority of the trustees, and all 
the acts of the duly appointed otHcers and agents of this 
company, done and performed under its authority, shall be 
binding on the company, 

Mi..iioiner. i< 5, A misiiomcr of said corporatioti in any deed, gift, 

grant or other instrument, contract or conveyance, shall not 
vitiate tlie same if the corpor:ition shall be sufficiently de- 
scribed therein to declare the intentions of the parties. 

Ki«cu.;n«. cj G. The election of trustees of this company shail be 

held annually at tlie otiice of the company, and the board 
shall give at least ten days' notice thei-eof to the stockhold- 
ers, in such manner as they may deternjine. Every election 
for trustees shall l>e by ballot, and the mime and number of 
shares of each stockholder voting shall be indorsed on the 
ballot, and a plurality of votes shall elect ; every shareholder 
shall be entitled to one vote for every share of capital stock 
standing in his or their name on the books of the company, 
and he may vote in person or by ])roxy. Any omission or 
failure to elect trustees shall not impair in anywise the right 
of stockholders, depositors or others interested. 

Paymoiua on § 7. AVitliiu sixty days after the election of the first 
board of trustees, as provided for in section six of this act, 
the board of trustees shall call in an additional sum of ten 
per cent, on each share of said stock, to be paid at such time 



Block. 



LOAN AND TRUST COMPANIES. 23 

and place as the trustees shall direct, on due notice given 
to said subscribers. The shares of ever\' stockholder omitting 
to make such payment shall be forfeited, together with all 
previous payments made thereon. After the payment of 
five per cent, on each share of stock subscribed, as provided 
in the foregoing section, the said company shall be consid- 
ered fully organized, and after the further payment of ten 
per cent, on each share of the capital stock subscribed, the 
company may commence its business, full enjoyment of 
the privileges of this charter, at such place in the city of 
Elgin, in the county of Kane, as the said board of trustees 
shall direct: Promoted^ that in case the whole amount of 
said fifty thousand dollars capital stock shall not be sub- 
scribed and paid in within one year after the organization of 
said company, as above provided, the powers and privileges 
herein granted shall cease and this charter be of no eft'ect. 

§ 8. The board of trustees shall have power to call for subscription t« 
the payment of the balance due on the subscription to the 
stock of this company, at such times as they may think 
proper, and in the event of the non-payment of the balance 
due from any stockholder on his stock, within sixty days 
after due notice, it shall be lawful for the trustees, at their 
option, to enforce such payment, or to sell at public auction 
to the best advantage, the amount of stock in the name of 
the said non-paying stockholder, who shall therefore cease 
to be a stockholder in this company ; and the purchaser or 
purchasers of said shares of stock shall have and enjoy all 
the privileges and profits accruing or accrued to the said 
shares of stock, and become liable for the payment of all 
calls then due or thereafter made on said shares of stock. 

§ 9, The board of trustees shall have the power to de- Dividends. 
clare dividends on the stock of the said company from time 
to time, and at any time after the accumulation of profits of 
said company shall exceed five per cent, on the amount of 
capital actually paid in : Provided^ that in no case shall the 
amount of any dividend be paid over to any stockholder on 
his or their stock until the amount of fifty per cent., per 
share, has been paid in to the said company. 

§" 10. At any time after the full payment of the original increase of capi- 
capital of fifty thousand dollars into the company, as here- 
inbefore provided, the board of trustees may increase the 
capital of the company to the amount limited, or any part 
thereof, in shares of fifty dollars each, in such manner as 
they may deem proper, and said increased stock shall be 
subject to all the liabilities, immunities and privileges of the 
original stock provided in this act. Stockholders shall have 
the option of subscribing to such increased stock, pro rata^ 
within such time as the trustees may limit, of which due 
notice is to be given. 

§ 11. When any deposit is made by any person being Deposits. 
a minor, or by a female, on hereafter becoming a married 



24 



LOAN AND TRUST COMPANIES. 



Officers. 



Kfty years term. 



Stockholders, 
how liable. 



woman, in licr ovrn name, the said corporati'ai may pay to 
each depositor such sums as may be due to him or her, and 
the recei{)t or acquittance of such minor or married woman 
shall he a leo-al dischari^'e t»» said corporation therefor. 

^ 12. All otticers of said corporation shall respectively 
give such security for their fidelity and good conduct as the 
board of trustees may from time to time rec|uire, and said 
board shall lix the salai-ies of such otKcers. 

^ 13. That this shall exist for the full term of lifty years 
next succeeding the first day of April, a. d. 1865, and shall 
be entitled to use all its corporate powers, rights and privi- 
leges for the ])eriod of two years thereafter, for the sole pur- 
pose of closing up its affairs and none other. 

§ 14, The stockholders in this corporation shall be indi- 
vidually liable to the creditors thereof upon all contracts, 
obligations or indebtedness made, incurred or accruing 
during the time they shall have been stockholders, and for 
six months thereafter, to an amount ecpial to the capital 
stock each shall have owned or held thereof. 

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

AprKovED February 16, 1S65. 



In force Feb. IG, AN ACT to incorporate the Princeton Loan and Trust Companv. 

1865. 

Section 1. Be it enacted hj the PerjpJe of the Strre of 
lUinoifi, representtd in tJie General Afmernhly^ That John 

Name and style. Wuriicld, .famcs lleusel, Johu Shugart. jr., Joshua Ste- 
vens, Abner J. Stanchtield, Samuel Edwards, ^\Yilliam B. 
Johnson, William Kelsey Keed, George W, Crossley. Ce- 
phas Olapp, Geoi'ge M. liadclitfe, Henry C. .Reed, Johu Wise, 
Levi .Kelsey and Caleb Clapp, and their associates and suc- 
ces.-ors, and all such persons as shall become stockholders 
in the company hereby created, shall be a body politic and 
corporate, by the name and style of " The Princeton Loan 
and Trust Company," and shall have succession, a common 

Powers. seal, witli power to plead and be implea^led, to appoint all 

necessary servants and assistants, and may have and enjoy 
and exercise all the powers necessary to carry out and ex- 
ecute th'j purpo.-os and intent of a loan and trust company: 
Proo'ded, that if the corporation created by this act shall 
net be fully organized, as hereinafter provided, within one 
year from the passage hereof, then this act shall be null and 
void. 

o&pitai stock. ^' 2. The capital stock of said company shall be fifty 

thousand dollars, with liberty to increase the same to live 



LOAN AND TKUST COMPANIES. 95 

linndred thousand dollars, to be subscribed and paid for in 
the manner hereinafter provided, and shall be divided into 
shares of llftj dollars each, which shall be deemed personal 
property, and shall be transferable on the books of the said 
company in sncli manner as its by-laws may prescribe. 

§ 3. The said corporation shall have the power to bor- Borrow moner- 
row money, and to pay interest thereon, and to loan the 
said money at any rate of interest not exceeding that now 
allowed by law, to individuals, and to discount in accord- 
ance with bank usage, and to take such security tliei-efor, 
either real or personal, as the directors or managers of said 
corporation deem sufficient ; and may buy and sell excliaiige, 
bills, notes, bonds or other securities ; may have and hold 
coin and bullion, may accept and execute all such trusts, 
whether tiduciary or otherwise, as shall or may be commit- 
ted to it by any person or persons, or by the order and di- 
rection of any court or tribunal, or other legally constituted 
authority of the state of Illinois, or of the United States ; 
may make such special regulations in reference to trust 
funds or deposits left for accumulation or safe keeping, as 
shall best aid the. said depositors or parties interested, by 
accumulating and increasing the same, allowing and receiv- May receiTe in 
ing such interest therefor not greater than that hereinbefore 
specified, as may be agreed upon ; may grant and purchase 
annuities, issue letters of credit, and other commercial ob- 
ligations : Provided, the same shall not be in the similitude 
of bank notes or other evidences of debt, designed to be 
circulated as money : And^ provided, further, that nothing 
herein contained shall be construed to authorize said com- 
pany to receive money upon deposit ; but it is- expressly 
forbidden so to do. 

§ 4, It shall be lawful for the company hereby incorpo- Horn real estate, 
rated, to purchase and hold such real estate as may be con- 
venient for the transaction of its business, and to take and 
hold any real estate in trust, or otherwise, as security for 
and in payment of loans and debts due or to become due to 
the said company or others ; to purchase real estate at any 
sale made in virtue or on account of an^- loan, debt, mortgage 
or trust, made to or by the said company, and to receive and 
take, in satisfaction of any such loan or debt any real es- 
tate, and to hold and convey the same ; and to acquire, hold, 
possess, use and enjoy, and the same to sell, convey, lease 
and dispose of all such real estate and personal prop- 
erty as is or as may be necessary for the use of this corpo- 
ration, or as may be deemed by the directors proper and 
necessary to carry on the business and accomplish the object 
of the company, or for the promotion of its interests. 

§ 5. The aliairs of this company shall be managed by Wrector*. 
a board of directors of at least five in number, who shall be 
stockholders in the company. The election of sucli direc- 
tors shall be had by the stockholders, when fifty thousand 



^v) LOAN AND TRUST COMPANIES. 

(.^>llilrs sliall Imve l)ecii suljpcribed to tlie capital of said cor- 
poration and five per cent, paid tliGrer»n. Any three of the 

Books opened. corporatoTs herein named shall l)e commissioners to o]jen 
books for subscription, which shall lie done within six months 
from and after the passage of this act. Tlie money so re- 
ceived by the commissioners, shall be paid over to the di- 

officers. rectors when elected. The directors shall elect a president 

annually, make and execute such bydaws as may be conve- 
nient and necessary for the proper prosecution of the busi- 
ness of the company, not inconsistent with this act, or with 
the laws of this state or of the United States ; but no by- 
laws of this corporation sliall be passed without the consent 
of the majority of tiie directors, and all the acts of the duly 
appointed otKcers and agents of this com|)any, done and 
performed under the autlniriry of the bydav.'s, shall be bind- 
ing on tiie company. 

Proxy votes. js (}, Thc elcctlon ofdircctors ofthis con:ipan_v shall be held 

annually at the office of the company, and the board shall give 
at least ten days" notice tiiereof to the stockholders, in such 
manner as they may determine. Every election for direc- 
tors shall be by ballot, and the name and number of shares 
owned by such stockholders shall be indorsed on the l)allot, 
and a plurality of votes shall elect. Every stockholder shall 
be entitled to one vote for every siiare of cajoilal stock stand- 
ing in Ills or their name on the books of the company, and 
he ma}^ vote in persun or by p)roxy ; any omission or failure 
to elect directors shall not impair, in an} wise, the rights of 
st<)ckholders, depositors or others interested. 

ca5ig on stock. Qx 7. Within sixty days after the election of the first 
board of directors, as provided for in secti(>n five of this act, 
the board of directors shall call in an additional sum of ten 
per cent, on each share of said stock, to be paid at such time 
and place as the directors shall appoint, on due notice, to 
said subscriljcrs, the shares of every stf)ckholder, omitting 
to make r-uch payment, shall bo forfeited, together with all 
previous payments made tliereon. After the payment of 
five dollars per share on the amount subscribed, as provided 
in the foregoing section, the said company shall be con- 
sidered full}' organized, and, after the payment of ten dol- 
lars per share on the Avhole number of one thousand shares 
of capital stock of this compaiiy, (making np the whole 
amount of the ten thousand dollars actually paid in,) the 
company may commence and carry on its business in the 
full enjoyment of the privileges of this charter, at such 
place in Princeton, in I^ureau county, as the said board of 
directors shall direct. 

Stock when sold. | g, Xhc board of directors shall have power to call for 
the paytnent of the Ijalance due on the subscriptions to the 
stock of this company, at such times as they may deem 
proper, and in the event of the non-payment of the balance 
due by any stockholder, on his stock, within thirty days 



MA-NUFACTUEING COMPANIES. 27 

after due notice, it shall be lawful for the directors, at their 
option, to enforce such payment, or to sell, by public auc- 
tion, to the best advantage, such stock, and upon such sale 
the rights of the said stockholders therein shall cease and 
determine, and the purchaser or purchasers of such shares 
of stock shall have and enjoy all the privileges and profits 
accruing or accrued to the said shares of stock, and become 
liable for the payment of all calls then due or thereiifter 
made on such shares of stock. 

§ 9. The board of directors shall have the power to de- DivUkndi. 
clare dividends on the stock of the said company, from time 
to time, and at any time after the accumulation of the pro- 
lits of said company shall exceed five per cent, on the 
amount of capital actually paid in : Promded, e-did d'wklenda 
shall not reduce the surplus of profits of the company be- 
low five per cent, on the amount of capital actually paid in ; 
but in no case shall the amount of any dividend be paid 
over to any stockholder, on his, her or their stock, until 
the amount of twenty-five dollars per share has been paid 
in to the said company. 

§ 10. At any- time after thg full payment of the original increase of cai.;- 
capital of fifty thousand dollars in to the company, as here- 
inbefore provided, the board of directors may increase the 
capital of the company to the amount limited, or any part 
thereof in shares of fifty dollars each, in such manner as 
they may deem proper, and said increase shall be subject to 
all the liabilities, immunities and privileges of the original 
stock, as provided in this act. Stockholders shall have the 
option of subscribing to such increased stock /jrt) i-aia within 
such time as the directors may limit, of which due notice is 
to be given. 

§ ll. The stockholders in this corporation shall be Liability, 
hoiden to the creditors tnereof for the amount of capital 
stock each shall hold in the same. 

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

Approved February 16, 1865. 



AN ACT to incorporate the Chicago Cotton Manufacturing Company. In force Feb. l-' 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That Samuel 
M. Nickerson, Charles R. Thompson, Anthony C. Hesing, Name and style. 
Nathaniel K. Fairbanks, Augustus Jacobson, William Lill, 
Jacob Rehm, and their associates, be, and they are hereby 
created a body politic and corporate, with perpetual succes- 
sion, by the name and style of " The Chicago Cotton Man- 



manufacturixct companies. 

Powers. ufaciurin-' Company,'' and bj that name tliov and their 

sucL-essors sliall l)e capahU^, in hiw, of confraetini': and being 
contracted with, suini;' and beini^:; sued, defeniling and being 
delenled, in a.li cuuris and |)hices, and in all matters and 
phice> whatsoever; vrith fiili povrers to ac(juire, liold, occnpy 
aml enj')y all sucli real and perv)nil estate, as may be ne- 
ce-sary ami [)r'iper For the cojistiaietion, extension and useful- 
ness of tiie works of the said company, and for the 
nianageimjnt and good government of the same ; and they 
may h:ive a cosiimon seal, and tlie same luaj alter, break 
and renew at pleasure, and they may do and perform all 
such acts and things as are or may become necessary for the 
furtlierance ;uid advancement of the jairposes of said cor- 
poration as fully and completely as a natural person miglit 
or could do: j'-^rooltltd, that the aujount of real estate lield 
by said corporation shall not, at any time, exceed in value 
tile -nai mT two hundred tliousand dollars. 

First boar.L ^ 2. Tiic Corporators named in the tirst section of this 

acL, shall constitute rlie first board of dirvictors, and shall 
hold tlu'ir offices until tlieir successors shall be duly elected 
and (puiiitied, in pursu;ince of by-lavrs, to be made l)y the 
said corporatiofi after its organization, and the t)bject and 
purpose of siiid incorporation shall be the manufacture and 
sale of all kinds of cotton go^tds and textile fabrics. 

c?.pit?.i stock. I 3 Tlie capital stock of said company shall be five 

hundred tli.'>usand dollars, and may bo increased, from time 
to time, at the pleasure of said corporation ; it may be di- 
vided into such shares subscribed for, paid and transferred 
in such proportions and manner as shall be jirescribed by 
the i\\da\rs and regulations of said company. 

Directors ^ 4. All tlic corporatc power of said corjioration shall 

be s'e>ted in and exercised by a b)ard of directors, and such 
officers and agents as said board shall appoint. The board 
of directors shall consist of not less than live, and not more 
than seven stockholders, who shall be chosen hy the stock- 
holders at sucli time ;ind in such manner as the said corpo- 
ration shall, Ijy its l)ydaws, prescribe, and shall hold their 
ofHces uirfil their success<.»rs are elected and qualihed, and 
jnay 1111 any vacancies which may happen in the board of 
directors, i)y death, resignation or otherwise ; they may 
adoo'- such bydaws, rules and regulations for the govern- 
ment of said corj)oration, and the management of its altairs 
and i/usiness, as they may think i)roj)er not inconsistent with 
the laws of this state or of the United States. 

i'r:.ro-.r -or.-;:.'. ? .";. Tlic Said Coriioratlou is hertjby authorized to bor- 
row :non(\y, and to nrortgage or lease any ot its property or 
franchises. 

§ G. This act shall be deemed a public act, and noticed 
as such by all courts without j)leading, and it shall take 
effect from and after its ]')assage. 
AriMiovEi) February 10, 1805. 



MANUFACTURING COMPANIES. 29 

AN" xiCT to incorporate the Chicago Cotton Manufacturing Company. In force Feb. 15, 

1865. 

Sectton I. Be it enacted hy the Peo])le of the State of 
Illmois. represented in the General Assembly^ Tliat Henry 
Fuller, Edward R. Clark, Henry H. Jilake, George W. Corporators. 
Fuller and Edwin W. Jew^ell, and their successors, be and 
they are hereby created and constituted a body corporate 
and politic under the name of '' T.''.e Chicago Cotton Manu- Name and style, 
facturing Company," and by such name shall have per- 
petual succession, with power to sue and be sued, and all 
the powers and authority incident to corporations for the 
purposes hereinafter mentioned. 

§ 2. The capital stock of said corporation shall be five capUai stock. 
hundred thousand dollars, and may be increased from time 
to time, at the pleasure of said corporation. It shall be 
divided into shares of one hundred dollars each and may. 
be issued and transferred in such manner and upon such 
conditions as the board of directors may direct, 

§ 3. The said corporation, for the purpose of carrying hq^'I la^r-ds- 
on its operations and promoting the establishing of cotton 
or woolen r.annfactories, is hereby authorized and empow- 
ered to purchase lands, erect suitable buildings thereon, 
procure and set up the necessary machinery ; to take, hold, 
mortgage and convey real estate ; to make and execute con- 
tracts, and generally to do any and all acts necessary for the 
successful carrying on of a general manufacturing business. 

§ 4. All the corporate powers of said corporation shall ^""ectoi-s. 
be vested in and exercised by a board of directors, and such 
officers and agents as said board shall appoint. The first 
board of directors shall consist of said lienry Fuller, Ed- 
ward H. Clark, Henry H. Blake, George W. Fuller and 
Edwin W. Jewell, and thereafter of not less than three nor 
more than seven stockholders, w^ho shall be chosen each '^"'^''^^ ^^*^'^'^°" 
and every year by the stockholders, at such time and in 
such manner as the said corporation shall by its by-laws 
prescribe. The said directors shall hold their offices until 
their successors are elected and qualified, and may fill any 
vacancies which may happen in the board by death, resig- 
nation or otherwise ; they may also adopt such by-laws, 
rules and regulations for the government of said corporation, 
and the management of its affairs and business, as they may 
think proper, not inconsistent with the laws of this state. 

§ 5. This act shall be deemed a public act and noticed 
by all courts as such, and shall take effect from and after its 
passage. 

Appeoved February 15, 1865. 



30 MAKUFACTUKIXG COMrANIES. 

In force Feb. 10, AX A'JT to iaoorporate the Chk'iiii'O Ditelsiuij- nml Spadiiiir Macliine Com- 

pnny. 

Section 1. Be it enacted by the Pctrple of the ^State of 
lllhiois, rejrresented In the General Assemhly^ Tliat Jndd 

Kurr.eaui ixf.i. Stevell^, Miclitiel IJeudle, Duvid E. Beadle and Geoi'f^e II. 
Beardsley. and their associates, be and the same are hereby 
created a body politic and corporate, with full power to sue 
and be sued, contract and be contracted with, under the 
name and style of '' The Chicao-o Ditchinof and SDadingj 
Machine Company ;''' and the said corporation shall have a 
common seal, and perpetual succession, and shall exercise 
all of the riii-hts, priviles^es and franchises conferred by this 
act. 

^'■^'"'^-■^- § 2. That said company shall have the right to manu- 

facture and sell tlie machine known as the "■ Ditcher and 
Spader.'' for v\-iiich a ^patent has been issued under the seal 
of the patent oilice of the United States, to Judd Stevens 
and John L. Beadle, and by them assigned to the corpora- 
tors herein named, and shall also have the right and power 
to sell and dispose of any territorial right under said patent, 
and ail contracts made v;iih reference to said patent shall 
l>e valid and binding upon said company, their successors 
and assigns. 

CAy.itai st.-ck. ^ 3_ xhe capital stock of said company sliall consist of 
three hundred thousand dollars, (8300,00U,) to be divided 
into shares of one hundred dollars each, which shall be 
issued, taken, subscribed and paid for by such persons and 
in such manner as the board of directors, hereinafter named, 
shall direct and appoint. 

-^^'■ectoi-s- j$ 4. The corporate powers of said company shall be 

vested in and exercised by a board of directors, consisting 
of not less than three or more than hve, and such ofhcers 
and agents as they shall appoint. And the lirst board of 
directors shall consist of Judd Stevens, Michael Beadle and 
George \l. Beardsley, who shall hold their office till the 
second day of January, a, d. 18G0, and until their success- 
ors shall Ije elected and qualified. And the annual election of 
such directors shall be on the second day of January in 
each year, at which said election each share of stock of said 
com])any shall l)e entitled to one vote. 

'^.'■-'•■'"s ^. 5. The board of directors shall have authority to make 

all needful rules, regulations and by-laws as may be re- 
quired to carry out the provisions of this act, and shall also 
liave the right ti» declare dividends upon the profits earned 
l)y said company. 

^ 0. This act shall be a public act and shall be in force 
from and after its passage. 
Ai'i'iiovED February IG, 1865. 



MANUFACTUEINa COMPANIES. 31 

AX ACT to incorporate the Chicago Stone and Lime Company. In force Feb. ir# 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Asseinbly^ That Edward 
R. Clark, Henry S. Brenan and Edwin S, Jagger, and their Name and style, 
successors, be and they are hereby created and constituted 
a body corporate and politic under the name of "The Chi- 
cago Stone and Lime Company," for the terra of fifty years, 
with power to sue and be sued, and all the powers for the 
purposes hereinafter mentioned : Provided^ that if the cor- 
poration created by this act shall not organize within one 
year trom the passage hereof, then this act shall be null and 
void. 

§ 2. The capital stock of said corporation shall be two capital stock. 
hundred thousand dollars, and may be increased from time 
to time at the pleasure of said corporation. It shall be di- 
vided into shares of one hundred dollars each and be issued 
and transferred in such manner and upon such conditions 
as the board of directors may direct. 

§ 3. The said corporation, for the purpose of carrying Powers, 
on its operations in the business of quarrying, manufactur- 
ing by machinery or otherwise, and dealing in stone and 
lime, is hereby authorized and empow^ered to purchase lands, 
erect buildings and kilns thereon ; to procure and set up the 
necessary machinery and fixtures ; to hold, mortgage and 
convey real estate ; to purchase and sell stone and lime in 
all thei? forms and conditions ; to construct or purchase canal 
boats, steam boats, and other vessels, and use and sell the 
same, or employ, charter or hire such boats and vessels in 
its business ; to make and execute contracts, and generally 
to do any and all acts necessary for the successful carrying 
on of its business. 

§ 4. All the corporate powers of said corporation shall directors, 
be vested in and exercised by a board of directors, and such 
officers and agents as said board shall appoint. The first 
board of directors shall consist of said Edward R. Clark, 
Henry S. Brenan and Edwin S. Jagger, and thereafter of 
not less than three nor more than seven stockholders, who 
shall be chosen each and every year by the stockholders at 
such time and in such manner as the said corporation shall, 
by its by-laws, prescribe. The said directors shall hold 
their offices until their successors are elected and qualified, 
and may fill any vacancies which may happen in the board 
by death, resignation or otherwise. They may also adopt 
such by-laws, rules and regulations for the government of 
said corporation and the management of its aflairs and bu- 
siness as they m.ay think proper, not inconsistent with the 
laws of this state. 

§ 5. This act shall be deemed a public act, and noticed 
by all courts as such, and shall take eifect from and after its 
passage. 

Approved February 15, 1865. 



32 MANDFACTCRIXG COMPANIES. 

la fuvce Feb. T6, AX ACT entitled "An act to ineorporate the Chicago Tanning Company." 
1S66. 

Skctkvx 1, Be it enacted hy the People of the State of 
Jllino'S, rrpresoited in the General A f<seiiihlij^ Tluit Tolinan 

Name and style. "\\"h^.(^.'n^.l-^ IxlCn!! AVllOeler, Iliraill WllGelui', PclCl* It. L. 

Ilarac'iileri!;h, Oliver Williain?:, Lemuel lliehaiMl:^. Thomas 
iMicliauan, jr., "William AV. AVlieeler, William Ii')bbins, 
Charles A. lleilig tiiid Milt'ord D, JJuchanan, and their as- 
sociates and successors, sludl be and tlie^y arc hereby con- 
stituteil a body coi'])i)rate and politic, by the name of ''The 
Chicaj-j:** Tanniriii; Company," and by tint name shall have 
per[»e[ual succes>ion. ami uiay sue and be sued, may plead 
and be in:!ple;ided, and defend, and shall be ruled to answer 
by the name and style of the corporation in any court what- 
ever. 

Ccipitai stock. ^ 2. The capital stock of said corporation shall fte lifty 

thousand v'lollars, divided into shares of t»ne hundred dollars 
each, and be deemed j)ersonal property, and may be in- 
creased, from time to time, in amount not exceeding live 
hundred thou-and dollars. 

Directors. ^^ 3. Tlic busincss and property of said corporation shall 

be managed or di'ected by a board of seven directors, 
chosen by ballot, annually, by the stockholders of said cor- 
])oration, from llieir number, who shall liold their ofiiee un- 
til their successors are chosen. 

Officer?. § 4. The directors of said corporation shall, at their lirst 

meeting after their election, elect by ballot from their num- 
ber a president and vice-president, and appoint a superin- 
tendent secretary and treasurer, and such other officers as 
they shall see lit, who shall hold their respective offices uu- 
td their successors are chosen. 

cycct- ^ 5. The general business and objects of the corporation 

herel)y created, shall be the tanning or manufacturing of 
leather, l)uying and selling hides, felts or skins of animals, 
and (jther mercliandise usually bought and sold by tanners, 
cui'riers and leather dealers. 

Seal. v^ (>. Said ctu'poration may have a common seal, which 

its directors may change or renew at pleasure. 

uoM real estate. <^ 7. It shall be lawful for Said corporation to own real 
estate to the amount of one hundred thousand dollars, and 
all deeds, conveyances or grants, covenants and agreements, 
made by the president, secretary and t'-easurer, or other per- 
son, by the authority of the directors of said corporation, ac- 
cording to their direction an J instruction shall be good and 
valid. 

Holders, howii- ;^ 8. Tlic stockholders of the corporation hereby created 
'^"^' shall be individually liable tor the indebtedness of said cor- 

poration, only for the amount of their unpaid subscriptions, 
respectively, to its ca}>ital st(jck. 

Bj-iawB. g 9. The «iirectors of said corporation shall have power, 

from time to time, to make, constitute, ordain and establish 



MANUFACTURING COMPANIES. 33 

such by-laws, rules and regulations as they shall judge 
proper fur the election ot" their othcers, for prescribing their 
respective functions, and the mode of discharging the same; 
for the regulation of the times of meeting of the ofhcers and 
directors, and, generally, for transacting, managing ana di- 
recting of the atfairs of the corporation, providing such by- 
laws, rules and regulations, are not repugnant to this act, 
to the constitution and laws of this state or of the United 
States. 

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

Approved February 16, 1865. 



AN ACT to incoroorate the East St. Louis Rail Mill. In force Feb. 16, 

1866. 

Section 1. Be it enacted hy the People of th""- State of 
Illinois^ represented m the General Assembly^ That Adol- 
phus Meier, Gerard B. Allen, Oliver E. Filley, their asso- Body for fifty 
ciates and successors, be and are hereby constituted a body '^^^"' 
politic and corporate for the period of hfty years, under the 
name and style of "The East St. Louis Rail Mill ;" and that 
the association formed by the three above named persons 
under the general act of incorporation, and under the same 
name in the town of East St. Jvouis, in St. Clair county, is 
hereby mer2:ed into this incorporated company, with all its Association 

i. 1 J 1 J 4.1 1 -^ J .J merged. 

property, real and personal ; and the company incorporated 
under this act shall assume all the debts and liabilities of 
said association, and that each of the above named corpora- 
tors shall be entitled to as many shares of stock in this cor- 
poration as he had under the prior articles of association. 
Said East St. Louis Rail Mill, by that name shall have sue- Powers, 
cession, sue and be sued, and complain and defend, and may 
make and use a common seal, and alter the same at plea- 
sure ; may purchase, receive, hold, transfer and convey such 
real and personal estate, choses in action, and securities, ne- 
gotiable or otherwise, as may be expedient in and for the 
management of its business, as herein defined; may appoint officer*, 
such officers, agents and servants, as said business shall re- 
quire, and prescribe their duties and fix their compensation, 
and make by-laws, not inconsistent with the laws of this 
state, for the management of its property and the regulation 
of its affairs. 

§ 2. This corporation shall have the power of making Power* 
iron rails and re-rolling rails, manufacture iron and other 
metals, and goods of same ; mine for iron and other ores 
and stone-coal ; to buy and sell the above named articles, 

_*4 



34 



MAl^^UFACTURING- COMrANIES. 



Books opened. 



PaTments 
s4ock. 



©ir actors. 



aud to do all business necessary for carrying out tliese ope- 
rations. 
Capital stock. § 3. The Capital stock of this corporation shall be one 

hundred thousand dollars, divided into shares of one hun- 
dred dollars each; and it may be increased to any sum not 
exceeding five hundred thousand dollars, whenever the 
stockholders shall, by vote, so direct. The stock shall be 
deemed personal property, and shall be transferable on the 
books of the corporation, in such manner as its by-laws may 
prescribe. 

§ 4. At such time and place as a majority of the corpo- 
rators named in the tirst section of this act shall, in writing, 
appoint, books shall be opened for additional subscriptions 
to said capital stock, and may be kept open until the stock 
shall have been subscribed. Payment of said stock shall 
be made in such sums and at such times as the board of di- 
rectors of the corporation may require ; and said, board shall 
have power to provide for the forfeiture to the corporation 
of the stock of those who tail to make such payment. 

§ 5. The affairs of this corporation shall be managed by 
a board of not less than three directors, who shall be stock- 
holders therein, and for the first year Adolphus Meier, 
Gerard B. Allen and Oliver B. Filley shall be directors of 
this company. The stockholders may, at anytime, by vote, 
increase the number of directors to seven. Any vacancy 
happening in the board by death, resignation or otherwise, 
shall be filled, for the remainder of the term, by the board. 
Annua! election. § 6. On tlic first Mooday in December in each year, 
between the hours of ten o'clock in the forenoon and three 
o'clock in the afternoon, at such place as the board may 
designate, an election shall be held, of directors^ to serve 
for the ensuing year and until their successors shall be duly 
elected. A wTitten or printed notice of such election shall 
be given to each stockholder, personally, or through the 
postofhce, at least ten days before the election. It, from 
any cause, an election be not had on the said day, it may 
be held on any day which may be appointed by the board, 
or by any three stockholders, of which like notice shall be 
given. 
■■•lectioM. § 7. AH elections shall be by ballot, and the name and 

number of shares of each stockholder shall be indorsed on 
his ballot. Every stockholder shall be entitled to one vote 
for each share of his stock, and he may vote in person or by 
proxy. Those persons receiving the highest number of 
votes shall be declared elected ; and in the event of a tie be- 
tween two persons, both of whom cannot be directors with- 
out making the number of the board greater than that 
authorized, the remaining members of the board shall, by 
resolution, decide which shall serve. 

§ 8. The company may, at its option, keept its office in 
St. Louis. 



SoUce. 



MANUFACTUEING COMPANIES. 35 

§ 9. No stockholder shall be held liable for the debts of 
the company beyond the amount of his stock. 
This act shall take effect upon its passage. 
Appeovei) February 16, 18G5. 



AN ACT to iacorporate tlie Fulton Foundcry Manufacturing Company. I" force P^'b. 15, 

Section 1. Be it enacted hy the Ptople of the State of 
Illinois^ represented in the General Assembly^ That James 
McCoy, John P. Rice, Henry C. Fellows, J. G. Gates, C. corporators.. 
B. Meseeread, L. Smith, and all such persons as shall be- 
come subscribers to the hereinafter named stock, shall be, 
and they and their associates are hereby declared, a body 
politic aad corporate, by the name and style of "The Fulton ^'alne and siji« 
Foundery Manufacturing Company," and by that name and 
style, they and their successors, forever hereafter, have per- 
pjetual succession, and shall be capable of suing and being p^^*^''"- 
sued, pleading and being impleaded, in all courts and places 
whatsoever ; may have a corporate seal, alter and change 
the same at pileasure ; s'hall have the power of contracting 
and being contracted with ; of purchasing, holding and con- 
vejing real and personal estate, for purposes and use of said 
corporation, as hereinafter limited. 

§ 2. The president and directors of said company, here- PoTrers. 
inafter provided for, shall have power and are "^hereby 
authorized, to carry on the manufacture of iron castings of 
every size and description, as said company may deem pro- 
per, and to carry on the foundery business in all its various 
branches, with power to manufacture plows, wagons, all - 
other agricultural implements and linseed oil ; to erect mills, 
machine works and other buildings, necessary to carry on 
said business, and enter into all contracts which may con- 
cern the use and management of the property, ali'airs and 
interest of said company. 

§ 3. The capital stock of said company shall be one capital stoeu-. 
hundred thousand dollars, divided into shares of one hun- 
dred dollars each ; and the capital stock of said company 
may hereafter be increased to three hundred thousand dol- 
lars, to be invested in and expended in, the business of this 
company. 

§ 4. For the purpose of facilitating the said business of i-oans. 
this company or corporation, they shall be authorized to ne- 
gotiate a loan or loans of money, to two-thirds the amount 
of its capital stock, and pledge its property, real and per- 
sonal, and all its rights, credits and franchises, for the pay- 
ment thereof. 



36 MANurACTuiiiNG companit:s, 

si-.bfcriptions. ^ 5. Aiij t\TO of tliG pGi'sons named in section one of 
this act, are iierebv authorized tooljtain subscriptions to the 
capital stock of said company, at sucli times and ])laces as 
they may deem proper; the principal ofhce of business of 
said company shall be in the city of Fulton. The affairs of 
said corporation shall be under the direction of live of the 
members of this corporation, a majority of whom shall have 
full power to conduct all the necessary business required to 
further the objects of this corporation. The organization 
of this company shall take place at any time, when ten days' 
notice shall have been given in a newspaper published in 
"Vrhiteside county, Illinois, stating the time and place at 
which such meeting will be held and its objects. 

Pireowr?. | 6, At Said meeting, the stockholders shall proceed to 

elect five directors, (stockholders of said company,) who 
shall manage, direct and govern the affairs of said ompany, 
from the period of said election and until their successors 
are elected, who shall be vested with the same authority. 

Biectioria. ^ 7. At Sail clcction, each stockholder shall be entitled 

to give one vote for each share <if stock he may then liold 
in his own right. A majority of all votes given, shall be 
recpiired to make an election. Each stockholder may vote 
in person or by proxy. Said directors, when elected, shall 
have povrer to elect one of their number president of said 
company, and shall also appoint a secrotaiy and treasurer of 
said company, vrho shall be the officers of said company for 
the period of one year, and until their successors are elected 
and cpialitied; said president and directors shall appoint 
such other officers and agents, as to them shall seem neces- 
sary to carry out the ol)jects of this corporation. 

Kght?, when >^ 8. The stockholdcrs, at the first election, shall have 

forfeited. ^^^q right to votc upou stock upou whicli they have paid ten 

per cent.; but they shall not, at any future election, vote 
upon any but full paid stock ; nor shall the officers of said 
company ever issue any fraudulent or fictitious stock, and 
if they do so, they shall forfeit all right in this corporation, 
be indicted and fined in the sum of ten thousand dollars, 
and imprisoned in the county jail not exceeding twelve 
months. 

Record. jv 9, The directors of said corporation, shall cause their 

secretary or clerk, to keep a regular record of their actions 
and Y^roceedings as a corporate body; and regular accounts 
shall be kept of all moneys received and expended; and at 
the end of every year, the profits arising from the business 
of said company, shall l)e divided among the stockholders 
in proportion to the amount ])aid stock: PTOvided^ that half 
yearly dividends may be made when the directors shall so 
determine. 

Bt-iaws. g 10. The directors of said corporation, shall have pow- 

er from time to time, to make all such by-laws, rules and 



MANUFACTURING COMPANIES. 37 

regulations, not inconsistent with the coiistitution and laws 
of this state, or of the United States, which may bo neces- 
sary for the collection of subscriptions to its stock, the trans- 
fer ot the same, the transfer or conveyance of property, the 
payment or collection of dues to or from said company, or 
that in any way concern the interest, management or direc- 
tion of the affairs of said company. 

§ 11. This act shall be in force from and after its pas- 
sage, and shall be construed a public act in all courts and 
places, and shall be liberally construed. 

Approved February 15, 1S65. 



AN ACT to incorporate the Fox River Manufacturing Company. In force Feb. K, 

Section 1. Be it enacted hj the People of the State of 
Illinois^ represented in the General Assembly^ That James 
H. Bowen, Edward S. Isham, Greorge S. Bowen, Almeron corporators. 
li. Winslow, Charles C. Copeland, Chauncey T. Bowen, 
GeorofC li. Whitman, and their associate? and successors, 
be and they are hereby created and declared a body politic 
and corporate, under the corporate name of " The Fox River 
Manufacturing Company," and by that name may sue and be Power*. 
sued, plead and be impleaded, contract and be contracted 
with, acquire, receive, possess, enjoy, alien, convey, and 
otherwise dispose of all such property and etfects, real and 
personal, and do and perform all such other acts and things • 
as shall or may be necessary or convenient for the transac- 
tion of the business of said company, as hereinafter indica- 
ted, and have perpetual succession for the term of thirty 
years from and after the first day of January, 1866. 

§ 2, Be it further enacted, That the only business in Business, 
which the said company shall be authorized to engage shall 
be the manufacture of textile fabrics composed wholly or in 
part of wool or cotton. 

§ 3. Be it further enacted, That the said company shall Lands and water 
be authorized to acquire by purchase, such lands and water ^°'^^^* 
power at any point in the valley of the Fox river, in the 
state of Illinois, as may be deemed suitable for the opera- 
tions of said company, not exceeding in all two hundred 
acres of land, and to erect on such lands all necessary build- 
ings, and provide all needful machinery for the prosecution 
of the manufacturing business of said company. 

§ 4-. Be it further enacted, That the principal office of Home office, 
said company shall be at the city of Chicago, in the county 
of Cook, but it shall also have an office in the county in 
which its manufacturing operations shall be carried on. 



3S MANUFACTUKING COMPANIES, 

c:r,.i:ai =tc.ck. § 5. Jjc (f further enacted^ That llio capital stock of said 

coii'.paiiv shall not be less than one hundred thousand dol- 
hirs, nor more than live hundred thousand dollars, in shares 
of one hundred dollars each, which shall be ti-anst'erable by 
the holders thereof in such manner and upon such condi- 
tions as the bjdaws of said conijumy nuiy prescribe. 

cr.snir.a-.ion. .< (>, Jlj itJurtJier ciicictcd^ That the said company shall 

not go into operation until at least one thousand shares of 
its capital stock shall have been subscribed for, and tvventy- 
live dollars upon each share shall have ];een actually paid 
in, in cash, by the parties subscribing; for such shares. 

Eeoks for sr.b- g ^ j>^ {^ further enacted, Tliat anv two or more of the 
corporators named \u tlie nn-t section ot this act nmy pro- 
ceed as commissioners to open books and receive subserip- 
tions for the capital stock of said company, and evei-y per- 
son subscribing for such stock shall pay to the said commis- 
sioners in cash, at the time of subscribing, live dollars upon 
each and QXQvy share of stock subscribed for. 

Er-iaws. g 8. I3o it further enacted^ That when the requisite 

amount of stock shall have been subscribed for, as provided 
for in sections six and seven, the stockholders may meet, at 
the city of Chicago, and proceed to organize the said com- 
pany, by the adoption of l>y-laws and rlie election of direc- 
tors, and every stockliolder, at aU meetings of t.ds body, 
shall be entitled to one vote for each and every stiaro of 
stock held hy him, and shall have the riglit to vote either in 
person or by ]:)roxy. 

A'.nttai meeting. ^ 0. Jji it further enei-dcd, That the annual meetings of 
the stockholders of said company, after their first meeting, 
shall bo held at the city of Chicago on the first Monday of 
Januarv, in each and every year; but if, from any cause, no 
meeting shall be held at the regular time for holdini;' the 
same, a called meeting of the stockholders may be convened 
by any two or more of the directors, at any time within 
three months after'the time for holding the regular meeting ; 
and the business transacted ar, such called meeting shall be 
as valid and efi'ectual, in all )-esi>ects, as though \i had been 
transacted at a regular meeting. 

D'.:-?3toi-3. § 10. Be it fartlier enacted^ That the proi)erty, business 

and affairs of said company shall be managed and controlled 
by a board of directors consisting of not less than live nor 
more than nine members, three of whom shall constitute a 
quorum for the transaction of business. The first board of 
directors shall bo elected by tlie stockholders at their first 
meeting, and shall hold their oflfices until the next succeed- 
'wYj: annual meetino; of the stockholders, or until their sue- 
cessoi's are elected; and a new board of directors shall be 
elected by the stockholders at such annual meeting. 

ocr.c.:r3. ^ 11. y>^j {^J/zir^/ier c/K^c^^e*'/, That the board of directors, 

at tlieir first meeting after their own election, shall choose 
one of their number to be ])resident, and another to be vice 



MANUFACTURING COMPANIES. 39 

president of said company, and shall also appoint, from tirao 
to time, as they shall think fit, a secretary, treasurer, super- 
intendent, and such other officers, if any, as shall be provi- 
ded for by the by-laws of said company. 

§ 12. Be it further enacted^ That it shall be lawful for sy-iaws. 
the stockholders of said company to enact such by-laws for 
the regulation of the affairs of said company as to them shall 
seem expedient, provided the same be not inconsistent with 
this act or with the constitution and laws of this state or of 
the United States. 

§ 13. Be it further enacted^ That the board of directors caiia on stock, 
of said company shall have power, when in their judgment 
it shall be expedient so to do, to make calls upon the stock- 
holders for payments by installments, upon the shares of 
stock held by the several stockholders respectively, until all 
the shares of stock subscribed for shall have been paid up 
in full ; but no call shall be made for any one installment 
exceeding twenty-tive dollars per share, and, after any call 
shall have been made, no other or further call shall be made 
within one hundred days thereafter. 

§ 14. Be it further enacted^ That the said company shall I'Je" onstoM. 
have a lien upon all the shares of stock held by the several 
stockholders, for the payment of such installments thereon 
as may be called for by the board of directors, under the 
provisions of the last preceding section of this act, and if 
any stockholder shall fail to pay any such installment when 
the same shall be required of him, the board of directors 
may cause his stock to be sold at auction, and out of the 
proceeds of such sale, first deducting all incidental charges, 
they shall retain the sum due on such stock for the install- 
ment in arrear, and the remaining surplus, if any, shall be 
paid over to the defaulting stockholder wdio held the stock 
so sold. 

§ 15. Be it further enacted^ That without the concur- Assessments, 
rence of at least three-fourths in value of all the stockhold- 
ers of said company, no assessment shall be made upon 
any stockholder whose stock shall have been fully paid up, 
for any additional payment, on account of such stock, nor 
in any event shall any such assessment ever be made to an 
amount exceeding twenty-five dollars per share. 

§ 16. Be it further enacted^ That the said company shall uaMUty. 
be liable upon no express contracts except such as shall be 
signed by the president or vice president and countersigned 
by the secretary of said company. 

§ 17. Be it further enacted^ That this act shall be re- 
garded as a public act, and shall be liberally construed in 
further;'nce of the purposes for which the said company is 
incorporated. 

§ 18. Be it further enacted^ That this act shall take ef- 
fect and be in force from and after its passage : Provided^ Proviso 
that if the corporation hereby created shall not be fully or- 



40 



MANUFACTURIM^G COMPANIES. 



ganized within one year from the passage hereof, then this 
act shall be nail and void. 

AppiiOVED February IG, 1SG5, 



In force Feb. 15, 
1S65. 



AX ACT incorporating "The Mechanical Bakerj Company," of Chicago. 



Powers, 



Seution 1. Be it enacted hy the People of the State of 
Illinois, represented in the General AssenJjly, That Joseph 

Corporators. T. Kyerson, Edwin C Lamed, Henry C. Childs, Benjamin 
W. Kaymond, Joel A. Ellis, Samuel Johnson, John H. Dun- 
ham, J. Y. Seammon, R. M. Earned, K. AV. Green, George 
F, Rumsey and their associates, successors and assigns, be 
and they are hereby created a body corporate and politic, 

Nsa.e and style, by the uamo and style of "The Mechanical Bakery Compa- 
ny of Chicago," and by that name they and their successors 
shall have perpetual succession, and be capable in law of 
contracting and being contracted with, suing and being sued, 
of having and using a common seal, of purchasing, holding 
and conveying real and personal estate, for the purposes of 
this act, and of doing all other things which individuals 
might or could do, to carry into effect and operation the ob- 
jects and purposes of this incorporation. 

Object. § 2. The objects of this corporation are the manufacture 

of flour and other farinaceous substances into bread, pastry, 
and crackers, and the sale of such manufactured products, 
and the purchase and sale of ilour and other farinaceous 
substances, and of other materials connected with or incident 
to such manufacturing business. 

Capital stock. § 3. The Capital stock of said company shall consist of 

such sum, not exceeding two hundred thousand dollars, 
and be divided into shares of such amount, as the stock- 
holders may from time to time determine. The same shall 
be personal property, and transferable in such manner as 
the by-laws of said com|:)any shall provide. 

Directors. § 4. The Corporation hereby created shall be under such 

numl)er of directors as the stockholders shall from time to 
time determine, and until otherwise ordered the number of 
directors shall be five. Such directors shall be stockhold- 
ers, and shall be elected by the stockholders at such time 
and in such manner as the by-laws shall provide, and shall 
hold their offices for the term for which they were elected, 
and until their successors are elected. 

First directors. § 5. .1 oscpli T. Tij'orson, Edwin C. Larned, Henry C. 
Childs, Benjamin W. liaymond, and Joel A. Ellis, shall 
constitute the first board of directors under this act, and shall 
act as such until their successors are elected. 



MANUFACTURING COMPANIES. 41 

§ 6. The directors of said company, a majority of whom Quorum, 
shall constitute a quorum, shall have and exercise, (unless 
otherwise ordered by the stockholders,) all the powers here- 
by conferred on said corporation, and may elect such ofHcers officers, 
and agents, and make such by-laws ruies and regulations, 
(not inconsistent with the laws of this state,) for carrying 
into efiect the objects of this act, as to them shall seem ex- 
pedient. 

§ 7. Copies of the minutes, proceedings and by-laws of By-iawa. 
the company, certified by the president or secretary, under 
the seal of the corporation, shall be received in evidence. 

This act shall be deemed and noticed as a public act with- 
out being specially pleaded, and shall take efiect from its 
passage. 

Approved February 15, 1865. 



AN ACT to incorporate the National Watch Company. ^'^ ^°^^,%Fk^- ■''' 

loo5. 



Corporators. 



Section 1. £e it enacted by the People of the State of 
Illinois^ represented in the General Assembly^ That Benja- 
min W. Raymond, Joseph T. Ryerson, Philo Carpenter, 
Thomas S. Dickerson, Howard Z. Culver, George M. 
Wheeler, Benjamin F. Lawrence, and their associates, suc- 
cessors and assigns, be and they are hereby created a body 
corporate and politic, by the name and style of "The Na- Name and style. 
tional Watch Company," and by that name they and their 
successors shall have perpetual succession, and be capable Powers, 
in law of contracting and being contracted with, suing and 
being sued, of having and using a common seal, of con- 
structing, purchasing, holding, using and selling such ma- 
chinery, stock, materials, and other personal property, and 
of purchasing, holding and conveying such real estate in 
the cities of Elgin and Chicago, or elsewhere, as shall be 
found necessary or desirable for the business and objects of 
this corporation, whose general oflBce shall be located in the 
city of Chicago. 

I 2. The said corporation is authorized to manufacture. Books of sub- 
purchase and sell watches, clocks and jewelry, and parts ^"'^ '*'°' 
thereof, and materials for the manufacture of watches, 
clocks and jewelry. 

§ 3. The capital stock of said company shall consist of capital stock, 
such sum not exceeding five hundred thousand dollars, and 
be divided into shares of such amount as the stockholders 
may, from time to time, determine ; such shares shall be 
personal property, and transferable in such manner as the 
by-laws of said company shall prescribe. 



4:2 MAKUFACTUEING COMPANIES. 

Directors. § 4. Tlic corpomtion herein' created shall he under the 

direction ot* such niiniher of directors as the stockholders 
may, from time to time, determine, and until otherwise or- 
dered, the number of directors shall be sevjn. Such direc- 
tors shall be stockholders, and shall be elected by the stock- 
holders, at such time and in such numner as the by-laws of 
said company shall provide, and liold their offices for the 
term for which they were elected, and until tlieir successors 
are elected. 

F>r-t!.oar3. g 5, Eenjamiu W. Haymond, Fhilo Carpenter, Thomas 

S. Dickerson, Howard Z. Culver, George M. Wheeler, Jo- 
seph T. Eyerson, and Benjamin F. Lawrence, shall consti- 
tute the first board of di; ectors under this act, and shall hold 
their offices until their successors are elected in manner 
herein provided. 

''^■*o''"™- § 6. The directors of said company, (a majority of which 

shall ciiustitute a (juorum.) shall have and exercise (unless 
otherwise ordered by the stockholders) all the powers here- 
by conferred on said corporation, and may elect such officers 
and agents, and make such by-laws, rules and regulations, 
(not inconsistent with the laws of this state,) for carrying in- 
to effect the objects of this act, as to them shall seem expe- 

vaeancies. dicut. Thov sliall also havG power to mi an}^ vacancy that 
may happen among the directors, by death, resignation, ro 
otherwise. 

svi.ien^e. g 7^ Tliis act sliall be deemed and noticed as a public act, 

without being specially pleaded, and shall take eii'ect from 
its passage. 

Approved February 15, 1SG5. 



'n force Feb. 14, AX ACT to incorpornte the Northwestern Manufacturing Company of Chi- 

Section. 1. Ue it enacted hy the People of the State of 
lllimns, rejrresQiitcd in the General Assembly^ That Richard 

€<.rporator.. rj,_ Crauc, CliaHes S. Crane, Martin Ryerson, Eliphalet W. 
Blatchford, and Charles N. Ilolden, and their associates and 
successors and assigns, and all such persons as shall become 
stockholders in the company hereby created, shall be a body 

jKarne and style, politic aud corporatc, by the name and style of the "iSTorth- 
western Manufacturing Company," and shall have succes- 

jfowers. sion, a common seal, power to plead and be impleaded, to 

appoint all necessary officers, servants and assistants, and 
may have and enjoy and exercise all iha powers necessary 
to carry out and execute the purposes and intents of an iron 
and lu'ass foundery and machinery manufacturing company : 
Provided^ that if the corporation created by this act shall 



MANUFACTURING COMPANIES. 4^ 

not organize -within one year after the passage hereof, then 
this act shall be null and void. 

§ 2. A majority of the corporators herein named may Books ..psned. 
proceed to open books for subscription to the ca[)ital stock of 
said company, and shall at the same time, or thereafter, 
designate a time and place for the iirst election of directors 
of said company, by parties subscribing to the stock thereof, 
and each share of stock so subscribed for shall be entitled to 
one vote. 

§ 3. The capital stock of said company shall be two capUai Block. 
hundred thousand dollars, with power to increase the same 
to iive hundred thousand dollars, to be subscribed and paid 
for in the manner whicli may be prescribed by the bj'-laws 
to be adopted by said company, and shall be divided into 
shares of one hundred dollars each, which shall be deemed 
personal property, and shall be transferable on the books of 
the said company in such manner as its by-laws may pre- 
scribe. 

§ 4. The said corporation shall have power to borrow Borrow money. 
money, and niay secure the payment of the same by deed of 
trust, mortgage, or other security. 

§ 5. It may be lawful for the company hereb}' incorpo- May hold leai 
rated, to purchase and hold such real estate as may be deem- ^^'**®" 
ed necessary by them for the successful prosecution of their 
business, and may have power to convey the same. 

§ G. The affairs of the company shall be managed by a Director?, 
board of directors, at least live in number, after the hrst 
election as herein provided ; the directors shall be elected by 
the stockholders, at such time and place, and in such man- 
ner as shall be established by the by-laws of said company. 
The directors of said company shall be elected annu'^lly. Annual election. 
but any failure or omission to elect directors shall in no wise 
impair or affect the rights and powers of directors holding 
over, or the rights or interests of the stockholders or others 
interested, 

§ 7. The directors shall have power to frame a body of By laws. 
by-laws for the election or appointment of all the officers 
and agents of said company, and to alter the same in the 
manner to be provided in said by-laws : Promded^ that the 
same shall contain nothing inconsistent with the laws or 
constitution of this state or of the United States. 

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

Approved February 14, 1865. « 



4ir MAXUFACTUEING COMrANIJIS. 

1^ f'^r",?"^''^'-!-^- AX ACT incorporating the Oswego Munufaciurlng Company. 

Sectiox 1. Be it enacted by the People of the State oj 
lII''no,'s. n presented in the General Asse?nhhj^ That all snch 
persons as shall become subscril)ers to the stock hereinafter 
described, shall be and they are hereby constituted and de- 
clared a b'>d >' politic and corporate, by the name and style 

Kame and style, of tlio "Osweij^o Mannfactnring Companv," from and after 
the passan;e of this act, and by that name they and their 

Towtri-s. successors shall have succession for the period of thirty 

years, and shall, in law, be capable of suing and being sued, 
pleading and being impleaded, in all courts and places what- 
soever ; and they shall have power to hold real estate not 
exceeding three hundred acres. 

Locution of d:uri. § 2. The president and directors of said corporation, 
hereafter provided for, may construct a dam across Fox 
river, within two miles of the village of Osw^ego, in Kendall 
county, or purchase water power from the owner or owners 
of any dam alre.idy constructed, and convey the water in a 
race any distance, not exceeding two miles, for manufactu- 
ring ]Mir])oses, and shall have ])Ower and are authorized to 
carry on the manufacture of cotton, woolen and hemp, and 
erect all the necessary buildings and niachinery for the 
prosecution of t!ie same ; give and receive promissory notes 
and ]X'rtbi-m all neressary acts as natural persons. 

uigiit of way. ^ 3_ '2'lie said corporation is hereby authorized to cause 

"such examination to be made of the grounds necessary, to 
determine the most advantageous ground for building a dam 
or constructing a race, and it shall be lawful for sai;i com- 
pany to enter upon and take possession and use all such 
lands and real estate as may be necessary for constructing 
and maintaining said dam or race, providing that all lands 
or real estate entered upon and taken possession of shall be 
paid f )r l)y said company ; and in case of disagreement, the 
price shall be established, lixed and recovered in the same 
manner provided ibr taking lands for the construction of 
public roads and canals or (>ther ])ublic works, as ])rescribed 
bv the act concerning the right (>f wav, approved March 3, 
ISio. 

''•'>' ^■^'■r:'<^v;eT. ^ 4^ Tlic Said compauy may scU, coutiact, or lease watcr 

power to any others for any species of manufacturing they 
may think proper to establish, and also erect buildings and 
machinery f( I r tlie same. 

Capital Ev.ck. -^ ;"3. 'Plic cajiital stock of said company shall bo lifty 

thousand dollars, with the power to increase the same to 
two hundred th<)usand dollars; which said capital stock shall 
be divided into shares of fifty dollars each, payable in such 
installments, and at such times, and subject to such forfeit- 
ures as shall be })rescribed by the said board of directors. 

^'i'S],\i'l'u. °"^" ^^ *"'• '-i'l'^^t for the purpose of carrying into effect the ob- 
ject of this corporation, A. J3. Smith, L. J3. Judson, Walter 
Loucks, Gcrret li. Teller, J. W. Chapman, Charles Suther- 



MANUFACTURING COMPANIES. 45 

land, J. D. Kennedy, Wrn. Cowdry, E. Pearse, John 
Hemm, J. C. Sliepard, Ed. Moody, and D. B JgwoII, are 
hereby appointed commissioners to obtain sul'scriptions to 
the capital stock of said company; and said commissioners 
or a majority of them, shall take such measures for opening- 
the books for the subscription to the capital stuck of said 
company in such manner, at such times and places, and on 
such terms as they shall deem expedient and proper. 

§ 7. The immediate government and direction of said oii-ectorg. 
company shall be vested in a board of seven directors, and 
they shall liave power to make and establish such by-laws 
and ordinances as they shall deem necessary to carry into 
effect the provisions of this act, providing the same be not 
repugnant to the constitution or laws of the state or of the 
United States. 

§ 8. As soon as the capital stock herein provided for BiecUons. 
shall be subscribed, or ten thousand dollars thereof, the said 
commissioners herein appointed, or a majority of them, shall 
call a meeting of the stockholders at Oswego, Kendall coun- 
ty, state of Illinois, for the election of seven directors of 
said company, at which election each share shall be entitled 
to one vote, and in case of the absence of any one stock- 
holder, the same may vote by authorized proxy. 

§ 9. The period of election of directors, as aforesaid. Annual election. 
shall be annually, on the first Monday of the month in which 
the first election shall be held, and should it happen that an 
election should not be held on the day appointed by this act, 
the corporation shall not for that reason be dissolved, but 
such election may be held within ninety days by giving 
twenty days' public notice. 

§ 10. Immediately after the directors are chosen, as Quorum, 
aforesaid, they shall hold a meeting, and at all subsequent 
meetings of the board, a majority of the directors shall con- 
stitute a quorum, and they shall proceed to the election of a 
president from their own body ; a secretary shall be appoint- 
ed from the body of the stockholders, and a treasurer shall 
be appointed from the board of directors, who shall give 
bonds to the board of directors in such amount as they shall 
think proper from time to time. 

§ 11. The stock of said corporation shall be deemed per- stock personai 
sonal property, certificates for which shall be issued, signed ^^°^^^^^- 
by the president and countersigned by the secretary, and 
the same shall be transferable on the books of the corpora- 
tion, but no transfer of stock shall be made by any stock- 4 
holder who shall be indebted to the company until after such 
debts shall be paid or secured, to the satisfaction of the pre- 
sident of said company. 

§ 12. All bonds and deeds in the purchase of real es- Bondshowmade. 
tate by the directors, shall be executed to the president and 
directors of said company and their successors in office, in 
trust for the stockholders of said company ; and all convey- 



46 MANCFACTUEIJ^IG COMrANIES. 

niicos of real estate made bj said corporation shall be made 
by the president and three directors of said company. 
Fnnda, ^ 13. In Order to facilitate tlic busincss Operations of Said 

ct>mpany, tlie board of directors shall be authorized to ob- 
taui any sum or suras of money on tlieir bonds, or other 
evidences of debt, to the amount of stock actually sulj- 
scri'oed, and at no time shall the debts of tlie corporation 
exceed the amount of tlieir capital stock. 

^ 14. This act sliall be deemed a public act, and shall 
take effect from and after its passage, and shall be liberally 
construed for every purpose therein contained. 

Appiiiovia) Februarv 1.3, 1805. 



ISGo. 



b. 16, AN ACT to incorporate tlie Ilas^oli ilanufacluaii.z Gornpaiiy, 



Siocriox 1. Be it enacted ly the People of the State of 
lUinois, rc2)resentcd in t/ie General Assemhlij, That S. 1. 

Corporator.. liussell, A. M. Billirigs, J. X. Kusscll, T. D. ilnssell, and 
their associates be, and they are hereby created, a body pol- 
itic and corporate, Vv'ith perpetual succession, by the name 

Kaiae and stj'k', and style of '' The Russell Manufacturing Company," for 
manufacturing implements and machines for agricultural and 
mechan ical purposes. 

Capital stock. § 2. The Capital stock of said company shall be five hun- 

dred thousand dollars, with povrer to increase the same to 
one million dollars ; it may be divided into such shares, 
subscribed for, ])aid and transferred, in such proportions and 
in such manner as shall be prescribed by the by-laws and 
regulations of said company. 

pirector.i. j^ 3- All the corporate ]>(nvers of said corporation shall 

bo vested in and exercised by a board of directors and such 
officers and agents as said boai-d shall appoint. The l)oard 
of directors shall consist of not less than three nor more 
than five stockholders, who shall be chosen by the stock- 
holders at such time and in such manner, as said corpora- 
tion by its by-laws ])rescribe, and shall hold their offices 
until their successors are elected aTid qualified, and may fill 
any vacancies which may happen in the board o^ directors 

r,v.:riw.i. by death, resignation or otlierwise. They may adopt by- 

laws, rules and regnlations for the government of said cor- 
l)Oration and the management of its ali'airs and business, as 
they may think proper, not inconsistent with the laws of 
this state. 

)'-.r."ow money. ^ 4. Said corporatiou is hereby autliorized to borrow 
money and mortgage or lease any of its property or Iran- 



MANUFACTURING COMPANIES. 



cliise, to sue and be sued, to contract and be contracted 
with. 

§ 5. This act shall be deemed a public act. and noticed 
as such by all courts, without pleadings, and take etlect 
from and after its passage. 

Approved February 16, 1865. 



AN ACT to incorporate the Schcnck Concentrated Feed Company. in force Feb 16 

1865. ' ' 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly^ That Henry 
H. Ilonore, Samuel J. Walker, Hugh Maher, J. H. Schenck, corporators. 
John G. Rodgers, A. C. Badgers, Isaac K. Diller and all 
such persons as shall become subscribers to the stock herein- 
after described, shall be, and they are hereby declared and 
created a body corporate and politic by the name and style 
of the "Schenck Concentrated Feed Company," from and Name and sijie. 
after the passage of this act, and by that name they and 
their successors shall have succession, and shall in law, be po^«''s- 
capable of suing and being sued, pleading and being im- 
pleaded, in all courts snd places whatsoever ; may have and 
use a common seal, and alter and change the same at plea- 
sure; and may also, by and in that corporate name and 
style, be capable in law of contracting and being contracted 
with, of purchasing, holding and conveying away real and 
personal estate, for the purposes and uses, and within the • » 

scope of the business and objects of said corporation as 
hereinafter limited. 

§ 2. The president and directors of said company shall Business. 
have power and authority to carry on the manufacture and 
sale of concentrated feed, under the letters patent granted 
to J. H. Schenck, or by and under any other means, author- 
ity or process ; and to do, perform and transact all other 
branches of business incident or belonging thereto; to erect 
mills, machinery and such other buildings and works, as 
may be necessary to carry on their business ; and enter into 
all contracts or agreements which may be requisite to, or 
concern the use and manaoement of the property, business, 
affairs and interests of said company. 

§ 3. The capital stock of said company shall be six hun- capital stock, 
dred thousand dollars, divided into shares of one hundred 
dollars each ; which capital stock may be hereafter increased 
to any sum not exceeding one million of dollars, as may be 
determined upon by the president and board of directors 
hereinafter provided to be appointed or elected. 

§ 4. In order to facilitate the business of said company, Borrow money. 
they shall be and are hereby authorized to borrow money, 



4:S MANUFACTURING COMrANIES. 

or iie2:<^ti;i(:o loans of monev, to any amount or amounts, not 
exceeding, in the aggregate, tlie cajjital stock of said com- 
pany, and to pledge all or any part or portions of its prop- 
erty, real and personal, or either, and all its rights, credits 
and iVanchises, ibr the payment thereof; and to execute 
bonds notes or other obligations, for any debts contracted 
by said company, in the purchase of property or for moneys 
loaned, and to secure the same by mortgages or trust deeds 
on the property, real and personal, or the franchises of said 
company; and when any mortgage or deed of trust is exe- 
cuted to secure any notes or bonds of said company, des- 
cribed in said mortgage or trust deed, said notes or bonds 
shall all be as effectually secured thereby, although sold and 
disposed of after the date and execution of said mortgage 
and trust deed, as if they or any part thereof had been sold 
and disposed of at the date or execution of said mortgage 
or trust deed. 

Open book*. § 5. That any three of the persons named in the first 

section of this act shall have power, and they are hereby 
authorized to obtain subscriptions to the capital stock of 
said company, at such times and places as they may deem 
expedient. And when at least one hundred thousand dol- 
lars of said capital stock is subscribed, a meeting of the sub- 
scribers to said capital stock shall be called b} the said three 
commissioners at such time and place as may be designated 
in the notice of such meeting, for the purpose of organizing 
said conipany, which notice shall be published for at least 
three days before the time of meeting, in a daily newspaper 
published in the city of Chicago, Cook county, Illinois. 

Home office. | 6. Tilt' princi])al officc of busincss of Said corporatiou, 

shall be in the said city of Chicago ; and the affairs and 
business of said company shall be under the direction of the 
three persons selected to receive subscriptions of stock, a 
majority of whom shall have authority to conduct all the 
necessary business required to further the business and per- 
fect the organization of this incorporation, until the election 
of the president and directors hereinafter provided tor. 

Directors. v< 7. That at tlio meeting provided for and recpiired in 

section five of this act, the subscribers to the capital stock, 
shall proceed to elect five directors, who shall manage, di- 
rect and govern the affairs of sidd cmpany, from the time 
of their election until the first ]\Ionday in January, A. d. 
18n<b and until their successors shall be elected. 

omc^r?. § 8. Immediately after such election of directors, they 

the said directors, shall elect a president and a treasurer, 
who shall be selected from the said directors ; and said pres- 
ident, directors and treasurer shall be the oflicers of said 
company, until the time prescribed in section seven. The 
directors shall have power to appoint a secretary and such 
other officers and agents as to them may seem necessary. 



MANUFACTURTNG COMPANIES, 49 

§ 9. The election of directors of said corporation shall Time and pia«e 
be held at the office of the company, in Chicago, on the lirst °' ^''ecuon. 
Monday in January of each year; and at all elections of 
directors, each stockholder shall be entitled to give one vote 
for each share of stock he may hold. A majority of all 
votes given, shall be required to make an election ; said votes 
to be given either in person or by proxy. 

§ 10. The president and directors shall have power, from sy-iaws. 
time to time, to make all such by-laws, rules and regulations, 
not inconsistent with the constitution and laws of this state 
or of the United States, which may be necessary for the 
collection of subscriptions to its stock and the transfer of 
the sam€, or that may in any manner concern the control, 
management or direction of the affairs of said company. 

§ 11. This act shall be in force from and after its pas- 
sage, and shall be construed as a public act in all courts, *■ 
and shall be beneficially construed. 

Appeoved February 16, 1865. 



AN ACT to incorporate tke Superior Steel and Iron Manufacturing Coai- In force Feb. 16, 

pany of Chicago. 1865. 

Section 1. Be it enacted hj the People of the State of 
Illinois^ represented in the General Assembly^ That Albert 
D, Jones, Charles Tobey, Hiram Frisbie, Chauncey T, Name and style. 
Bowen and William B. Howard, and their associates and 
successors, and all such persons as shall become stockhold- 
ers in the company hereby created, shall be a body politic 
and corporate by the name and style of "The Superior 
Steel and Iron Manufacturing Company," and shall have 
succession, a common seal, power to plead and be implead- 
ed, to appoint all necessary officers, servants and assistants, 
and may have and enjoy and exercise all the powers neces- 
sary to carry out and execute the purposes and interests of a 
manufacturing company. 

§ 2. A majority of the corporators herein named may Books opened, 
proceed to open books for subscription to the stock of said 
company, and shall at the same time, or thereafter designate 
a time and place for the first election of directors of said 
company by parties subscribing to the stock thereof; and 
each share of stock so subscribed for shall be entitled to one 
vote. 

§. 3. The capital stock of said company shall be one capita! Btock, 
hundred thousand dollars, with power to increase the same 
to live hundred thousand dollars, to be subscribed and paid 
for in the manner prescribed by the by-laws to be formed 
by said company, and shall be divided into shares of one 
—^5 



50 



MINING COMPANIES. 



Borrow moriey. 



Eo ads and deeds 



May hold and 
sell property. 



Directors, 



hnndred dollars each, which shall be deemed personal prop- 
erty and shall be transferable on the books of the said com- 
pany in such manner as its by-laws may prescribe. 

§ i. The said corporation shall have power to borrow 
money and may secure the payment of the same by deed 
of trust, mortgage or other securities upon real estate or 
personal ])roperty owned by them. 

§ 5. Said corporation shall have power to receive bills, 
notes, bonds and deeds of trust or mortgages taken or 
received by them in the prosecution of their business. 

§ 6. It shall be lawful for the company hereby incor- 
porated to purchase and hold such real estate as may be 
deemed necessary by them for the successful prosecution of 
their business, or wliich may be taken by them upon any 
debt owing to said corporation, and shall have power to sell 
and convey the same. 

§ 7. The affairs of the company shall be managed by a 
board of directors, at least three in number after the tirst 
election, as herein provided. The directors shall be elected 
by the stockholders at such time and place and in sucli 
manner as shall be established by the by-laws of said com- 
icnuai election, pauy. The directors of said company shall be elected an- 
nually, but any failure or omission to elect directors shall in 
nowise impair or atiect the rights and powers of directors 
holdimr over, or the rio;hts or interests of the stockholders 
or others interested. 

§ 8. The directors shall have power to frame a body of 
by-laws for the election or appointment of all the officers- 
and agents of said company, and for regulating the opera- 
tions of said company, and to alter the sanie in the manner 
to be provided in said by-laws : Prcnnded., that the same 
sliall contain nothing inconsistent with the laws or constitu- 
tion of this state or of the United States. 

§ 9. This act shall be deemed a public act and be in 
force from and after its passage. 

Approved February 16, 1865, 



Ey-iaws 



Froriso 



force Feb. !.'> 
186.'-.. 



Xarne and style. 



Povrer, 



AN ACT to incorporate the Banner Coal and Coal Oil Company. 

Section 1. Be it enacted hy the Feople of the State of 
Illinois^ re.jyresented in the General Assemhly, That George 
A. Brittenbaumer, John II. AVilson, W. S. Streeter and 
Samuel C. Phimmer, their associates, successors and assigns, 
be and they are hereby constituted a body corporate, by 
the name and style of " The Banner Coal and Coal Oil 
Company," with power to contract and be contracted with, 
sue and be sued, by that name in all courts of law and 



MINING COMPANIES. 51 

equity in this state; to liave a commcn seal, to engage in the 
business of mining, coking, transporting and selHng of 
mineral coal, and the boring for, refining, manufacturing, 
transporting and selling of carbon or coal oil; and the pro- 
ducts of said coal and coal oil in and upon all lands owned 
or hereafter to be owned by them in the counties of Mer- 
cer, Henry and Rock Island, in this state, and in the trans- 
portation of the same to home and foreign markets, and to 
have all needful and necessary powers for the successful 
prosecution of the powers herein granted. 

§ 2, The said company is herein also empowered to sell By-iaws. 
and dispose of any and all lands owned by them, to appoint 
all necessary agents and officers to transact their business, 
to pass such by-hiws and regulations, not inconsistent with 
the la vs of this state and of 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 ])o\ver to hold personal property, either as security 
or otherwise, and to erect and maintain such buildings and 
machinery, and to lay out, open and maintain such road or 
roads as may be necessary to carry on said business. 

§ 3. The capital stock of said company shall be five capital stock. 
hundred thousand dollars, divided into shares of one hun- 
dred dollars each, with power to increase said capital stock 
by vote of the stockholders at any meeting of such stock- 
holders called for that purpose, wdiicli said shares of stock 
may be transferred or assigned as may be provided by the 
by-laws of said company, 

§ 4. The said company shall have authority to construct Rail or wagon 
and maintain any wagon or railroad from any part of the 
lands owmed by said company, in said Mercer, Henry and 
Rock Island counties, to connect w-ith any other wagon road, 
or with the Chicago and Kock Island road, or with the Rock 
Island and Peoria railroad, or to the city of Rock Island. The 
right of way of such road or roads to be constructed under 
the provisions of this act may be obtained by said company 
either by purchase, gift, or grant, or in the mode prescribed 
by an act of the state of Illinois, entitled "An act to amend 
the law condemning the right of way for the purpose of in- 
ternal improvement," approved June 22, 1852. 

§ 5. The directors of this company shall consist of not Directors, 
less than three nor more than seven, who shall be elected 
annually by the stockholders of said company, at such time 
and place, and upon such notice as the by-laws of said com- 
pany may prescribe ; at such election of tlie company, each 
stocldiolder shall be entitled to one vote fur every share of 
stock held by them. 

§ 6. Said company are further authorized to borrow Borrow moner. 
money to carry on the business of said company, and for 
that purpose may issue the bonds of said company bearing 
interest, but not to exceed ten per cent, per annum, which 



MIXIXG COMPANIES. 

said bonds shall be a lien upon all lands and personal prop- 
erty of said company until paid, from the time said bonds 
shall be recorded in the recorder's office of the said counties 
of Mercer, Henry and Rock Island ; it beiui^ the intent of 
this act to make said bonds a lien upon said land or personal 
property in such counties wliere the same shall be recorded, 
and in them only. 

§ 7. This act shall bo deemed a pul)lic act and take effect 
from and after its passage. 

Approved February 16, 1865. 



In force Ftb. l.J, AX ACT to incoi'poraio tlie Black Hawk Mining Company. 

1SG5. 

Section 1. Be it enacted hy the Peox)le of the State of 
Illinois^ represented in the General Assewhly, That John 

Nanu- ami =t\ie. Browu, J. P. Thoiupsou, Wm. P. Sykcs, J. II. Martin, Elias 
AVillets, S. Burroughs, James Crawford, Yj. T. O. Hubbard, 
W. T. Dickson, A. C. Harding, G. W. Savage, and their as- 
sociates, successors and assigns, be and they are hereby cre- 
ated a body corporate and politic, by the name and style of 
" The Black Hawk Mining Company," and by that name 

Powers. shall have and enjoy all the rights, privileges and immuni- 

ties which may be necessary for mining purposes and for 
boring and mining for petroleum, coal (r sah, within the 
state of Illinois; but nothing contained in this act shall au- 
thorize said company to engage in any banking business, or 
to issue any notes to circulate as money or currency. 

Powers. § 2. The said company shall have power to bore and 

mine for petroleum, coal or salt in said state, upon lands 
owned or leased by said company, in such way and manner 
as the directors niay judge that the interest and welfare of 
the company require, and may issue stock, if they deem it 
best so to do, to the amount of one hundred thousand dol- 
lars, in shares of twenty-live dollars each, upon such condi- 
tions as may be regulated by the by-laws. 

^ 3. Said company may do all acts not inconsistent with 
the constitution and laws of this state or of the United 
States, as may seem necessary to carry out the full objects 
of this act, and may make Buch by-laws, ordinances and 
resolutions as may seem necessary or convenient for their 
reirulation and irovernment and for the manasrement of their 
affairs. 

suiw. ^ 4. Said company may sue and be sued, appear, prose- 

cute and defend in any court or place whatsoever, and shall 
be recognized as a corporation in all courts. 

When to organ- cj 5. Thls act sluill be void uulc.^s the directors, or a ma- 
jority of them, organize the company at Monmouthj in the 



MINIJS'G COMPANIES. 63 



said state, within eighteen months from its passage, but the 
directors a^e authorized to carry on and conduct the business 
of the company at any place in the state. 

§ 6. This act shall be deemed a public act, and shall 
take effect and be in force from and after its passage. 

Afpkoved February 15, 1865. 



AN ACT creating the Bowlesville Mining Company, in Gallatin County. 

In force Feb. l;i, 

Whereas the " Shawneetown Coal Mining and Mannfac- ^^^•^• 
turing Company," incorporated by an act passed on the preamble, 
ninth of February, eighteen hundred and fifty-five, after 
expending in the purchase of mineral lands and mining 
rights, the construction of a railroad from the Ohio river 
to their coal bank, and making other necessary improve- 
ments — about tvfo hundred thousand dollars — sold and 
conveyed all of their property and rights, including the fran- 
chise, to Joseph Bowles, of Bowlesville, Illinois, who, on 
the seventh of October, eighteen hundred and sixtv-four, 
departed this life intestate, leaving no descendant, and 
the property and rights aforesaid passed by descent to his 
widow, mother, brothers and sisters, between whom the 
said property cannot be divided in kind, and they desir- 
ing an act of incorporation' to enable them to sell the sr.me 
in stock ; and it being deemed proper to afford all neces- 
sary facilities to make sales, in order that said property may 
be occupied and used for the accommodation of the pub- 
lic, and the development of the mineral resources of that 
part of the state, and the objects of the incorporation not 
being attainable under any general law; therefore. 
Section 1. J^e it enacted by the People of the State of 
Illinois^ represented in the General Assembly, That a body 
politic and corporate, be and the same is hereby created in 
the county of Gallatin, by the name of the "Bowlesville Name and style 
Mining Company ;" and by such name to have and enjoy 
perpetual existence and succession, with power to contract 
and be contracted with, to sue and be sued, to plead and be Powers, 
impleaded as a natural person ; to take, have, hold and use 
property, real, personal and mixed, and to lease, sell and 
convey the same ; to make, have and use a common seal, 
and alter, break and renew the same at pleasure ; to make 
by-laws, rules and regulations, in respect to the management 
of property and the transaction of business, and also for the 
government of those in its service ; to employ or appoint 
agents, servants and others, to transact business, and to 
transact all business with reference to the objects of its ere- Proviso, 
atiou as a natural person : Provided^ that no by-laws, rules 



54 MlXIXa COMPANIES. 

or reixulatioiis shall bo made or ado] tied in violation of tlie 
constitntion of this state, or of the ITnited States. 

ca;>:::i! stock sj '2. Tlic ca}utal stock of sai-'l C-: »ri)orati()u shall be one 

iniilion of dollars, di^dded into shares vi' one hundred dol- 
lars, wliieh shall he deemed personal property, and assi^^na- 
ble in sueli manner as may be pi'escrioed by the bydaws of 
the corporation. 

^''■.i^''-^5- § o. The object and business of such corporation shall 

i)e the miniui;' of coal, iron ore, salt water, and other mine- 
rals, the trans])ortalion and sale thereof, the manufacture of 
salt, lime, bricks and slates, and the sale thereof; and for 
those purposes the said corpoiation may purchase, have, 
hold and u-e lands, and mining i-ights, an^i may o])en, con- 
struct and use common wagon roads, AIcAdannzed or turn- 
pike roads, and railroads, from the ()hio river to the place 
or places of business in the county of Gallatin, and the I'ight 
of way for any such road or r^jads may be obtained by ]jro- 
ceedings under the provisions of the act entitled '^ An act to 
amend the law condenrning the right of way for purposes 
of internal improvement," approved 22d June, 1S52. The 
said corporati(»n may also purchase, hold and use steam- 
boats, coal boats and other vessels, necessary to tl;e trans- 
portation of coal, min.erals, or other ai'ticles excavated from 
the earth, or manufactured; and nioreover, shall succeed to 
the rights of the " Sliawneetown Coal Mining and Manu- 
facturing Company," referred to in the preand)le. 

pii-'^ctor^. ^^ -1. Tlie business of the said corporation shall be super- 

intended aiid trarisacted by a board of five directors, one of 
whom shall be the jvresident, and one the secretary and 
treasurer; which board shall be elected or appoinred l)y the 
stockholders, the owners of each share of stock to be enti- 
tled to one vote in such election or ;;ppointnjeiit. 

n..n:..._of sub. i^ ,j. John Olney, Jt.)seph 11 Jienger, William Thonins 
■-^-np'!"". ^^^^1 ^.\i^.^.^j|<|(.j> Low, are hereby ap])oiMted commissioners, 

to receive subscrij)tions to the capital st')ck of said cor!)ora- 
tion, and to organize the same. U[)on giving ten days' no- 
tice in some newsjiaper ])ublished in Shawneetown. Illinois, 
of the time, place and terms of receiving such subscriptions ; 
they siiall 0{>en a book or books, in which tliey shall receive 
and record subsci-iptions to the said capital stock from such 
]>ersons as may desire to Ijecome stockholders, and ke^p the 
same open until three hundred thousand dollars shall have 
l)een subscriited, when the said book or books shall be 

K!.-ctioiis. closed. And the said commissioners shad thereupon give 

notice to the s\il)scribers of the time and places for holding 
an election for the directors of said cor|)oration, which sliall 
be held within ten days after the closing of the books as 
aforesaid ; and at the time and ]»lace specified in such notice, 
the said commissioners shall attcTid and receive the votes of 
said subscribers, or such of them a'; may be present, .-icting 
as inspectors of said election ; and when all the stockholders 



MINING COMPANIES. 55 

present shall have voted, and the result ascertained, the 
commissioners shall make a certificate thereof, a copy of 
which shall he delivered to the persons having the majority 
of all the votes given, which shall be evidence of their elec- 
tion in all courts and places in which that question may 
arise. 

§ 6. The election provided for in the foregoing section, By laws. 
and all subsequent elections, shall be by ballot, and a ma- 
jority of all the votes given at each election, counting one 
vote for each share of stock owned by the voter, shall be 
necessary to a choice. The persons first elected shall serve 
one year, and until successors are elected. The stockhold- m 

ers shall agree upon and adopt by-laws for the regulation of 
the conduct of the directors, and the directors shall agree 
upon and adopt by-laws, rules and regulations in respect to 
the conduct of all agents, servants, and others employed by 
them. 

§ 7. Directors shall be elected annually, but if, from any Anauai election, 
cause, no election shall be held as herein provided, the cor- 
poration shall not, for that cause, be dissolved, nor any 
right forfeited, but the directors last chosen shall continue 
in office and to act until successors are elected. 

§ 8. The directors shall make a statement of the busi- semi-annuai 
ness and accounts of the corporation every six months, and ^**^^™^°*- 
furnish an abstract thereof to each stockholder, and upon 
such statement declare and set apart, to be divided among ' 

the stockholders, the net profits arising from the business, 
and, on demand, each stockholder shall be paid his or her 
proportion of said net profits. 

§ 9. Whatever stock may remain unsubscribed for at 
the first election of directors, shall be subject to the disposi- 
tion of the board of directors, acting under or by authority 
of resolutions of the stockholders. 

§ 10. The aforesaid commissioners shall make and keep Record, 
a record of their proceedings and action under the provi- 
sions hereof; any two of whom shall constitute a quorum, 
and may act and perform the duties herein required. Upon 
the election of directors, the record kept by said commis- 
sioners, certified by them under their hands and seals, shall 
be delivered to the said directors ; and said record, or certi- 
fied copies thereof, shall be evidence of the legal organiza- 
tion of the corporation. 

§ 11. Each subscriber to the capital stock shall pay, at ^l^^^ "^ 
the time of subscribing, ten dollars on each share of stock 
subscribed for, and ten dollars at the end of every six months 
thereafter, until the whole amount is paid ; but in case the 
widow and heirs of Joseph Bowles, deceased, shall subscribe 
for the three hundred thousand dollars, they may pay the 
whole amount thereof by conveying to the corporation the 
lands, mining rights, railroad, and their appurtenances, for- 
merly owned by the " Shawneetown Coal Mining and Man- 



Db MTSTXG COMPANIES. 

iifaeturing CompriRY," but if thej do not so subscribe, then 
the inonev paid by the subscribers shall be applied to the 
purchase of said pj-operty, on terms to be agreed on bj the 
parties interested — the said heirs conveying said property 
to the corporation, retaining a lien on the same for payraent 
of purchase money. 

[§ 12.] This act to be in force from and after its pas- 
sage. 

Approved Februarv 13, IS 65. 



in lorce Feb. 1(5, AX ACT to amend an act entitled " An act to incorporate the Carroll County 
■•'• Coal and Mining Company," approved February 11, iSoT. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the Greneral Asserrddy, That section 

Naxes changed, oue of the act to which this is an amendment, be amended 
so as to change the name of Abram Hasteller to Abram 
Hostetter, and the name of John L. Hasteller to John L. 
Hostetter, and add the names of Peter S. Heist and Charles 
B. Smith, as corporators; also to change the name of said 
corporation to the " Carroll County Coal Mining and Petro- 
leum Company,'" and to add to the objects and purposes of 
said company the followinof, to wit : to sink wells and ex- 
plore fur coal oil and petroleum. 

Shares of stock. g 0. That sectiou three of said act be amended by adding 
thereto the words '" and said company shall have power to 
fix and declare the amount and number of shares into which 
their capital stuck shall be divided, and such other particu- 
lars as they may deem best for the interest of said company. 
§ 3. This act shall take effect and be in force from and 
after irs passage. 

Approved February 16, 1S65, 



Enforce Feb. 10, AN ACT to incorporate "The Carroll Countv Petroleum and Mining Com- 
13^- pany." " 

Section 1. Be it enacted hy the People of the State of 
Illinois, rep/resented in the General Assemhly^ That ilbram 
>TaT.p and style. H. Lichty, Tliomas 13. Pthodes, William A. Brotherton, 
and their associates and successors, are hereby constituted 
a body politic and corporate, by the name and style of "The 
Carroll County Petroleum and Mining Company," with 
perpetual succession, for the purpose of boring for oil, and 



MINING COMPANIES. 5* 

exploriog for coal, lead and other metals, ores and minerals, 
and, by that name, with power to contract and be contract- Powers, 
ed with, to sue and be sued, plead and be impleaded, ap- 
pear, prosecute and defend in any court of law or equity, 
in all suits and actions; have a common seal, with the priv- seai. 
ilege to alter the same at pleasure ; and may borrow money. Borrow money, 
purchase, hold, sell, mortgage, transfer and convey any real 
or personal estate and property ; may make, erect and con- 
struct shafts, pits, races, roads, furnaces, mills, buildings, 
and all other works necessary for carrying on their opera- 
tions ; hold petroleum and mining rights, and shall enjoy 
the privileges incident to such corporations for such pur- 
poses, and possess all the rights, powers and immunities 
necessary to execute and carry on such business. 

§ 2. The persons name in this act shall have power to ^°°jP^"y\ ^°^ 
organize the said company by the appointment of such offi- 
cers or managers as they may deem necessary, who shall have 
power to make by-laws, from time to time, for the manage- 
ment of their business, not inconsistent with the laws of 
this state or the United States. 

§ 3. The capital stock of said company shall not be less capital stock 
than twenty-five thousand dollars, and may be increased to 
any sum not exceeding five hundred thousand dollars; to 
determine the par value of shares; have power to take real 
and personal property in payment on subscription to its 
stock, at such prices as they may think proper and expedi- 
ent for the company. 

§ 4. Said company shall have power to construct branch branch roads, 
raih'oads from any part of the lands owned by them, or 
which may be owned by them under authority of this act, 
so as to connect with any other railroad. Such road or 
roads, so constructed, shall be operated by said Carroll 
County Petroleum and Mining Company, for their exclu- 
sive benefit and advantage. 

§ 5. This act shall be deemed a public act, and take 
effect from and after its passage. 

Approved February 16, 1865. 



AX ACT to define and enlarge the corporate powers of the Coal Valley In force April 17, 



Mining Company. 



1865. 



Section 1. £e it enacted hy the People of the State of 
Illinois^ represented in the Grenei^al Assembly, That the Coal 
Valley Mining Company, now organized under the general ^lege^^""^ ^"'''' 
law, and doing business in the county of Rock Island, is 
hereby declared to be a body politic and corporate, with all 
the rights and powers given to corporate companies, by the 



58 ^ MINING COMPANIES. 

'•Act to authorize tlie formation of corporate companies for 
the ]nupose of minino; and transportation, by a general 
law,'' approved June 22d, 1852, notwithstanding an_y irreg- 
iilarirics or omissions wliich mat have occurred in its orsan- 
L'^ation under said law, which corporate company may exist 
.vinotr-nine for liiuetv-nine years, with power to invest any portion of 

rears term. . • i" , i '- i i , , ^ i i 

Its ca|)ital Stock m such real estate as may be deemed neces- 
sary for the successtnl prosecution of the business of mining, 
trans])orting and selling coal, and to hold or sell said real 
estate at pleasure; and said company nuiy, by resolution, 
dispense with the board of directors provided for by said 
law, and provide that all their duties shall be performed by 
the stockholders of said company, under such rules and reg- 

Pioviso. ulations as may be, by law, prescribed: Provided^ lunDeve'i\ 

thai a majority in interest, of all the stockholders, shall con- 
cur in ])erson, or l>y proxy, in the passage of any resolution, 
or by-law. or in the election or app(»intment of any agent or 
officer of said company. 

Title to roads. ^ 2. Said couipauy may acquire title to so much of the 
Rock Island and Peoria railroad, as is now completed, ex- 
tending from Rock Island to Coal Yalle3\ and, thereupon, 
said company shall become subject to all the provisions and 
be entitled to all the benelits of the act incorporating the 
Rock Island and Peoria Railroad Company, and the general 
laws (tf this state with reference to railroads, so far as the 

Kxtension of sauio luav be consistent with this act ; may extend said road, 
or construct branches thereof, to any point in the county of 
Rock Island or the adjoining counties, and to that end may 

Increase of capi- incrcasc its Capital stock, and may ac(|uire lands and right of 

'^'' way over the same, in the manner pointed out by said act 

of incorporation ; and may, also, in like manner, acquire the 

right of way over any lands over which said railroads now 

run, VNdiich shall not have been acquired by the Rock 

^Mi'.Otci to tax. Island and Peoria Railroad Company; but said railroad and 
its rolling stock and appurtenances shall be listed for taxa- 
tion as other railroad {»ro})erty; and all the other property 
of the company shall be listed for taxation as like ])roperty 
of other incorporated companies: Provided^ that nothing in 
this act contained shall lie so construed as to apply to or affect 
the right of way over any ])Ui>]i • grounds within the city of 
iiock Island, or in any way to interfere v/ith or aifect the 
control of the city council of said city, oyer any such public 
grounds. 

Ai'i'iiovED February 15, 1865. 



MINING- COMPANIES. ^ i)9 

AN ACT to amend an act entitled "An act to incorporate the Eagle Coal In force Feb. IG, 
Company," approved February M, 1857. ■^'^^• 

Section 1. Be it enacted by the People of the State of 
Illinois^ represented in the General Assembly^ That section 
four of the act to which this [is] an amendment, be and the sec. 4 repealed. 
same is hereby repealed. 

§ 2, The said company are hereby authorized and em- Powers, 
powered to construct and operate a railroad, to connect with 
any otJier railroad now in operation, or which may hereaf- 
ter be constructed, passing* or running within twelve miles 
of their mines or works in the counties of LaSalle and Liv- 
ingston, or either of them, and to increase their capital stock 
to any amount not exceeding the actual cost of their works, 
and, also, to Increase the number of directors of said com- 
pany to any number not exceeding nine. 

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

Approved February A'o^ 1865. ' * 



AN ACT to incorporate the EniDire Coal Company. I" f''i'<^s Feb. IG, 

Section 1. Be it enacted hy the People of the State of -. 
PJinois^ represented in the General Assembly^ That John C. 
Hilton, A. C. Badger, O. F. Badger, Chanucey T. Bowen, Name ami style. 
Walter W. Hilton, and all such persons as shall hereafter 
become stockholders in the company hereby incorporated, 
shall be a body politic and corporate, by the name and style 
of the '^Empire Coal Company;" and under that name and 
style shall be capable of suing and being sued, impleading Powers. 
and being impleaded, defending and being defended against, 
in law and equity, in all courts and places whatsoever, in • 
like manner and as fully as natural persons; may make and 
use a common seal, and alter and renew the same at plea- 
sure; and by their said corporate name and style shall be •.., .' • 
capable in law of contracting and being contracted with ; 
shall be and are hereby invested with all the powers, 
privileges, immunities and franchises, and of acquiring by 
purchase or otherwise, and of holding or conveying real and 
personal estate, which may be needful to carry into effect, 
fully, the purposes and objects of this act. 

§ 2. The said corporation is hereby authorized and em- May hoki real 
powered to purchase and hold real estate for the purpose of 
mining therein for coal, to do a general coal mining business ; 
to manufacture machinery and implements necessary to the 
effectual carrying on of said coal mining business, and to ' ■ 

manufacture coal cars in sufficient numbers and of sufficient 



■roperty takt-n. 



CO MINING COMPANIES. 

capacity for the use of said company in the transportation of 
the proJiicts of its mines to market, 
^'^^■•^-''y- § 3. Tiie said corporation is hereby autliorized and em- 

ptowert'vi to construct, nuiintaiii and operate a railway for 
the t]-anspi)rtation of coal mined l)y said company, witli oiie 
or more tracks or lines ot rail, with all convenient turnouts, 
side tracks and appendaices, from Marshlield coal mines, sit- 
uated in the town ot Indian Grove, Livini^ston county, to 
Pontiac, in said county, or to any point on the line of the 
Chicau'o, Alton and St, Louis railroad, between the town of 
Chenoa, in the c- unity of McLean and the town of Pontiac, 
in said Livinu'stoii CL>unty, in the state of Illinois, 
private ;< 4. To enal)le the said corporation to construct the rail- 
way lierein authorized, and its appendages, the saio corpo- 
ration is herel>y vested with power to take and apply pri- 
vate property for the purposes and in the manner prescribed 
l\v an act entitled "'An act to amend the law condemning 
right of way, for purposes of internal imjuovement," ap- 
proved June 22, 1852, and the several acts amendatory 
thereof; and may exercise all the power conferred upon rail- 
road corporations hy the 25th and 26th sections of ''x\n act 
to provide for a general system of railroad incorporations,*' 
approved Xo.'eml)er 5th, lSi9; ascertaining and makinoj 
recompense lor all damages sustained, agreeably to the pro- 
visions of the act hereinbefore Urst mentioned. 
tock. ^ 5_ 'p[^(3 ca[>ital stock of said corporation shall be live 

hundred thousand dollars, with power to increase the same, 
to any sum not exceeding one million dollars, by a vote of' 
a majority in interest of the paid stock, at the date of such 
vote, which shall be divided into shares of one hundred dol- 
lars each, and which shall be deemed personal property, and 
transferable on the books of the company, only under such 
regulations as may be adopted by the company, 
liens and ^ Q_ Siiid cor))onuion shall have i>ower to mortiiaire its 

bonds. <J 1111 1 1 . 1 T ^ J 

property, l)Oth real and personal, and to issue l)onds, secured 
by sucli mortgage or mortgages, bearing such rate of inter- 
est not exceeding ten per cent., per annum, as said board of 
di recto I's sliall elect. I 

j^ook? opened. § 7. P.Mjks of sul)Scription may be opened under the di- 1 
rection of tin; board of directors as hereby constituted, and 
when the amount of capital stock, as provided in the fore- 
going section^ shall have been subscribed, and forty per 
cent, thereof actually paid in cash, the said board of direc- 
tors may declare the company organized. 

v^>M<\<,t direct- § 8. All Corporate ])()W(U'S of said comjiany shall l)e vest- 
ed in and be exercised by aboard of directors, and such offi- 
cers and agents as they shall a]>point. The board of direc- 
tors shall corisi.-t of not less than three nor more than live 
stockholders, who shall be chosen every year l)y the stock- 
liolders, each share having- one vote, to be given in person 
or by pro.xy; such directors to continue in office until their 



live 

issue bonds. 



MINING COMPANIES. 61 

successors are elected and qualified. A majority of the 
board shall constitute a quorum for the transaction of busi- 
ness. 

§ 9. The persons named in the first section of this act First board, 
shall constitute the first board of directors, and shall hold 
their office till the first Monday in June next succeeding 
the organization of the company, and until their successors 
are elected ; and on the first Monday in June in each year 
during tiie continuance of said corporation, an election of 
directors thereof shall be held in the city of Chicago, at such 
time and place as the existing board of directors may pre- 
scribe. 

§ 10. The said company shall have power to make, or- sy laws. 
dain and establish all such by-laws, rales and regulations, 
as may deemed expedient and necessary to fulfill the pur- 
poses and carry into efiect the provisions of this act, and for 
the well ordering, regulating and securing the affairs, busi- 
ness and interest of the company : Provided^ that the same 
be not repugnant to the constitution and laws of the United 
States or of this state, or repugnant to this act. 

§ 11. This act shall be deemed a public act, and shall 
be favorably construed for all purposes herein expressed or 
declared, in all courts and places whatsoever, and shall be 
in force from and after its passage. 

Approved February 16, 1865. 



AN ACT to incorporate the Empire Minino; and Oil Company. In force Feb. 16, 

1865. 

Section 1. Be it enacted hy the Peojyle of tlie State of 
Illinois, represented in the General Assembly, That Benjamin 
F. Smith, Andrew J. Hunter and Cornelius Price, their as- Name and style, 
sociates, successors and assigns be, and they are hereby . 
created a body politic and corporate, under the name and 
style of " The Empire Mining and Oil Company," with 
perpetual succession, and with all the privileges and immu- 
nities incident to corporations, with power to contract and Powers. 
be contracted with, sue and be sued in all courts and places ; seai. 
to organize by the appointment of a president, and such 
other officers as they may deem necessary ; to make such 
by-laws, rules and regulations as they may deem expedient, 
from time to time, for the government and management of 
said corporation and its affairs, and the prosecution of its 
business ; to have a corporate seal, and alter the same at 
pleasure ; to dig, bore and mine for coal, iron and other 
minerals, for salt water, coal oil and petroleum, and to man- 
ufacture, sell and transport the same, and the products 
thereof; to carry on the cooperage business, and all other 



02 MINING COMPANIES. 



powers, iicccssary and ndeqnatc, to cliV-et the ol»jects of said 

corporatioji, and tv forward the proFcciition of its business. 

r...i ana right i^ 2. The Said company may receive in payment of its 

al 



Ot \\A\ 



capit:il stock, and may lease, buy and hold, snch persons 
property, real estate interests iii land, mining rights and 
rights of way In tliis state and elsewhere, as may be deemed 
advantageous and necessary by them, to forward their in- 
terests, and to tlie successful ]»t'osecution of their Imsiness. 
viftjron and is 3. Tlic Said Company shall have power to lay out, 
''''""""''^' ' contract and operate sucli wagon ways, plank roads, rail- 
roads and appurtenances thereto, on and from the lands of 
said comjumy, as they ma_y deenn proper, for the transpor- 
tation ot their proj->erty, yritli power to condemn kind there- 
for, according to the provisions of any or either of the acts 
concerning the right of way heretofore enacted. 

$ -i. Said corporation may ap])oint and employ suck 
agents as may be recpiired l\y them, and deline the })0wer3 
and prescribe the duties of suck agents. 

c^ o. The capital strick of said corporation skall be one 
million dollars, vritk power to increase tke same to an}- sum 
not exceeding tv.'o million dolkirs, and to be divided into 
equal sk.ares, as said comj:)any may determine. 
i;..tr. ■.« :i!oi!ty. ^ 6. Said cor[»oration may bor"ow money at suck inter- 
est as nui}^ be agreed ujion, and pledge its property for tke 
payment of tke same. 

§ 7. Tills act skall take effect and bo in force from and 
after its passage. 

ArriioyED Fel)ruary 10, 1S05. 



Ai:tncu 



Cai>iial ftocV 



I.'i forcf Feb. 10, AX ACT to incorporate tlie For^vtiie Coal Miulnp; Coinnanv. 

Section 1. Be it enacted hy the Pevple e>f the State eif 
Illinois^ reji'resented in the General Assembly^ Tkat Jokn 

Nar;:f-;.n(Utyi-.. Forsytlic, Ezra 1>. McCagg, William B. Ogden, Maklon D. 
Ogden, Edvrin II. Skeldon, J. Young Scammon, Jokn M. 
Underwood, and their associates, successors and assigns, are 
hereby created a body politic and corporate, under the name 
and style of " The Forsythe Coal jMinini: Company," whose 
office skidl be at tke city of Cdncago, in tke county of Cook, 
Illinois, ;ind by ihat name shall liave ])er]»etual succession, 

rowrr.v with the. jnrwor to contract and be contracted with, sue and 

be •:'\\vA in that name, in all courts and pkiccs ; to kave a 
coriimon .-cnl, and change the same at pleasure; to engage 
in tho mining, sale and transportation of coal, iron or other 
minerals, and in the manufacture of iron, lime, coal oil, 
fired^rick, am! «/lhor ]>roducts of lands now owned or occu- 
pied or hereafter to be owned or occu])ied by tkem, and in 



MINING COMPANIES. (53 

transportation of the same, or any of them, to home and 
foreign markets. 

§ 3. The said company may receive, purchase and hold Rights and pnvi- 
any real estate, mining rights and right of way, for the pur- ^*'^*'^' 
pose of mining, and preparing for sale, and transportation 
of coal, iron, lime, bricks, slates, coal oil and other articles, 
the products of their mines, for home and foreign markets, 
as may be deemed necessary by them to the successful pros- 
ecution of their business, and the execution of the powers 
herein granted ; and may build and own boats, trucks, houses 
and other personal property, for carrying on their business, 
and may dispo e of the same by sale or otherwise, and may 
receive real estate in payment of stock, and shall have 
power to construct wagon ways or railways, and appurte- 
nances thereto, either above or below ground from their 
mines, to such points as they may deem expedient, and for 
such purposes, are hereby invested with all needful rights 
and powers. 

§ 3. The above named incorporators, or any one of them, Books of sub- 
may open books at such time and place in the city of Chi- »<=ription. 
cago, for subscriptions to the capital stock of said company, 
as they may appoint, not exceeding two years from the pas- 
sage of this act, by giving tive days' notice in one or more 
of the daily papers published in said city, that such books 
will be opened to subscribers to the capital stock of said 
company, and that they will remain open until the amount 
of fifty thousand dollars shall be subscribed, when the stock- 
holders will organize the company, by choosing five direc- Directors, 
tors, who shall hold their office until the first Monday of 
January next succeeding the organization of the company, 
and until their successors are elected and qualified. And on 
the first Monday of January, in each year during the con- 
tinuance of the corporation, an election shall be held at the 
office of said company, to elect five directors of said com- 
pany, who shall hold their offices until the next annual 
election, and until their successors are duly elected and 
quahfied. 

§ 4. The said directors, when chosen, shall choose a officers, 
president, and shall, also, have power to appoint a secre- 
tary and treasurer, and all such other officers and agents as 
they may think necessary, and shall define their duties ; 
and said board of directors shall have power to fill any va- vacancy. 
cancy that may occur in their own body, a plurality of votes 
constituting a choice ; and such person or persons so elected 
to fill such vacancy or vacancies, shall hold office till the 
next annual election of directors. A majority of the board 
of directors present at any meeting shall constitute a quo- 
rum for the transacting of business. 

§ 5. Said company shall have power to make such by- By-'aws. 
laws, rules and regulations as they may deem necessary for 
the government and management of said company not in- 



Oi MIXING COMPANIES. 

consistent witli the constitution and laws of this state or of 
the United States. 

Capital stock. § 6. The Capital stock of said company shall be three 
hundred thousand dollars, with power to increase the same 
to any sum not exceeding five hundred thousand dollars, or 
to diminish the same at pleasure; said stock to he divided 
into shares of one hundred dollars each, and the holder of 
stock in said company shall, b}^ himself or proxy, be en- 
titled to cast one vote for each share so held by him, at all 
elections hold by said company. 

Certificate of [§ 7.] The president or Other otiicers employed by the 

*"''^''' company, shall issue certificates of stock to the holders 

thereof, whenever the sanie shall be paid for, which certifi- 
cates shall be countersigned by the secretary, and shall be 
assignable and transferable only in such manner and at such 
place's as the stockholders of said company shall, by their 
by-laws, prescribe. 

Doiruw money. § 8. It sliall be lawful for the president and directors of 
said company to borrow or obtain on loan any sums of 
money, and on such terms as they may deem expedient, for 
said company, and issue notes or bonds for the same, se- 
cured Ijy mortgage on the real estate of the company, or 
otherwise. 

Property taxable § 9. The real and personal estate of said company shall 
be assessed for taxation, as other property, but the stock 
shall not be liable to be assessed. 

§ 10. This act shall take effect from and after its pas- 
sage. 
Approved February 16, 1865. 



In force Feb. 16, AN ACT to incorporate the II:irdiii Salt and Mining Company. 

1SG5. 

Section 1. Be it enacted hy the Peoijlc of the State of 
lUiiKjis, rcj) resented i7i the General Assembly, That John W. 

Corporators. Jialpli, Jauics McFarlau, Cliarles Burnett, Joseph \j. Mil- 
ler, Wm. A. Ayers and A. Wall, and their successors, asso- 
ciates and assigns, are liereby created a body corporate and 

Name and style. |)olitic, by tlic iiamc of "Tlic Hardin Salt and Mining Com- 
pany,'' and under and by that name they and their succes- 

I'owers. sors sliall have perpetual succession, and sliall have power 

to sue and be sued, jjlead and be impleaded, contract and 
be contracted with, and may have and use a common seal, 
which they may change at pleasure. They shall have pow- 
er to organize; such company by the appointment of a presi- 
dent and such other oflicers as they may deem necessary, 
at such time and ])lace as they may designate by notice pre- 
viously gi\ en by them, and they shall have power to make 



MINING COMPANIES. 65 

such by-laws, rules and regulations as thej may deem ne- 
cessary for the government, management and prosecution 
of the business of the company, not inconsistent with exist- 
ing laws : Provided^ that the rights, privileges and immu- 
nities herein granted shall be subject to such limitations in 
relation to the fare of passengers and tariff on freight as 
may hereafter be imposed by general laws. 

§ 2. The said company may appoint and employ such Agente. 
agents as may be required by them, and define the power 
and prescribe the duties of such agents. 

§ 3. The said company may buy and hold such real es- how and sea 
tate, mining right and right of way as may be deemed ne- '■^^^^***®- 
cessary by them to the successful prosecution of their busi- 
ness and the execution of the powers herein granted, and 
shall have power to lay out and construct such wagon ways, 
railroads and appurtenances thereto, on and from the lands 
of said company, to such points on the Ohio river as they 
may deem expedient and proper, and to engage generally 
in the business of welling for salt water and mining for coal, 
iron, lead, and other minerals, and for the manufacture, sale 
and transportation of the products of their wells and mines, 
and such other commodities as such company may think 
promotive of its welfare, with all power necessary and ade- 
quate to carry into effect the successful prosecution of their 
business, and the execution of the powers herein granted. 

§ 4. And the right of way and occupancy uiay be ac- Right of waj-. 
quired and damages adjusted under the provisions and act 
to provide for a general system of railroad incorporations, 
approved Nov. 6, 1849 ; and when such damages ax-e as- 
sessed and paid, or tendered, according to the provisions of 
said act, the lauds so acquired shall vest in said company 
for the use and purposes thereof; and when such right of 
way shall have been awarded under said law, a copy of the 
report shall be filed and recorded in the county where such 
lands are situate, and a duly certified copy of such record * 
shall be taken and received as evidence in all trials relating 
to the same. 

§ 5. The capital stock of said company shall be one oapuai stock, 
hundred thousand dollars, which may be increased by said 
company to such sum as they may deem necessary, not to 
exceed one million of dollars, and the same may be divided 
into shares of the denomination of one hundred dollars 
each. 

§ 6. Any person owning any share or interest in said certiflcato »f 
company shall be entitled to a certificate signed by the presi- 
dent and countersigned by the secretary of said company, 
specifying the extent and monied value of such interest, 
and that the owner thereof or his assigns is entitled to the 
same and the profits thereof in accordance with the charter 
and by-laws of said company. The rights and liabilities of 
associates or shareholders and their assignees in said company 
~*6 



Cfi MINING COMrANIES. 

shall be the same as in ordinary railroad and other incorpo- 
rated companies. All taxes shall be assessed before, and 
all liabilities shall be incurred and paid by the company 
and not by the shareholders. 

Directors. | 7". The aflairs of said company shall be managed by a 

board of seven directors, to be chosen annually by the stock- 
holders from among themselves. At all elections, each 
stockholder shall be entitled to one vote for each share held 
bv him, and may vote either personally or by proxy. In 
case of an}^ vacancy in the board of directors, the same may 

vrcosj votes. be filled at any meeting of the board. The board of direc- 
tors shall choose one of their number as president, ^vho shall 
be also president of the company, and shall have the ap- 
pointment of all such oihcers for the incorporation as they 
may deem necessary, and prescribe their duties. 

c&nfor stock. I 8. The board of directors may make calls upon the 
sums subscribed to the capital stock of said company, at 
such times and in such amounts, not to exceed five percent, 
per month, as they shall deem fit, giving at least thirty days' 
notice in some public newspaper published in this state; 
and in case of failure on the part of the stockholders to 
make payment of any call made by the directors for sixty 
days after the same shall have been due, the said board of 
directors are hereby authorized to declare said stock so in 
arrears, and all sums paid thereon, forfeited to the said com- 
pany. 

EcTTov money. | 9. The Said Company are hereby authorized to bor- 
row, from time to time, such sums of money, not exceeding 
the capital stock of such company, as the board of directors 
may deem necessary, to aid in the construction of the works 
hereby authorized, and to pledge and mortgage any proper- 
ty of said company as security for such loans. 

Time. § 10. The said company shall be allowed five years after 

the passage of this act to commence the construction of the 
works hereby authorized. 

This act to take eflect from and after its passage. 
Approved February 16, 18G5. 



It force Pcb. 10, AN" ACT to incorporate the Illinois California Silver Mimn"; Company. 
1865. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assemhly^ ThatBlakely 
cciporavors. Pilkiugton, Milton T. Peters, John'B. Filkington, Isham IM. 
Haynie, S. W. Moulton, S. D. Dole, Alonzo Eaton, C. M. 
Dole, J. C. Dole, George W. Ilered, J. Sawyer, Z. J. Frost, 
and their associates and successors, are hereby constituted 



MINING COMPANIES. ~ 67 

a body politic and corporate, bj the name and style of "Illi- Name and style. 
nois California Silver Mining Company," with perpetual 
succession, for the purpose of mining and exploring for sil- 
ver, gold, and other metals, ores and minerals, and by that 
name and style, with power to contract and be contracted Powers, 
with, to sue and be sued, plead and be impleaded, appear, 
prosecute and defend in any and all courts of law or equity, 
in all suits and actions ; have and use a common seal, with 
the privilege to alter the same at pleasure; establish, alter 
or change any by-laws for the government of the company, 
and may borrow money, ])urchase, hold, sell, mortgage, 
transfer and convey any real or person'il estate or property; 
may make, erect or construct shafts, pits, races, roads, fur-" 
naces, forges, mills, buildings, and all other works necessary 
for carrying on their operations in California, Nevada and 
elsewhere; hold mining rights, mine and work for silver, 
gold, and other metals, minerals and ores, in California, 
Nevada and elsGvvhere, and transport the products of their 
«aid mining and work; and shall enjoy all the privileges in- 
cident to corporations for such purposes, and possess all the 
rights, powers and immunities necessary to execute and 
carry on such business in California, Nevada and elsewhere. 

§ i2. The persons named in this act shall have power to officers. 
organize said company by the selection and appointment of 
such officers or managers as they may deem necessary, who 
shall have power, subject to the control and direction of the 
company, to make regulations and by-laws from time to sy-iaws. 
time for management of their business, not inconsistent 
with the laws of the state or states where such company may 
be operating, or of the United States. 

§ 3. The capital stock of said company shall not be less capital stock. 
than hve thousand dollars, and may be increased to any 
sum not exceeding one million dollars. Said company shall 
have power to tix the amount of each share of the capital 
stock, and to take real and personal property, or either, in 
payment on subscription to its stock, at such prices as they 
may think proper and expedient. •''•'•• 'J"" *? 

§ 4. Said company shall have power to create, dispose shares of stock. 
of and issue such number of shares of the stock of said com- 
panyj not exceeding in the aggregate one million of dollars, 
at the representative value thereof, as may be ordered by a ^ 
vote of the company; to determine the par value of shares; 
to pay the stock of the corporation for such mining rights 
and interests in real estate as it may be deemed necessary 
to purchase for the operations of the company. 

§ 5. This act shall be deemed a public act, and take ef- 
fect from and after its passage. 

Appboyed February 16, 1865. 



f5S MINING COMPANIES. 

lu force Feb. 16, AX ACT to incorporate the Illinois Lea 1 Mining and Smelting Company. 
ISiio. 

Section 1, Be ii enacted hy the People of the State of 
Illinois^ rei}Tesented in ike General Assembly^ Tliat Oluirles 
Corporators. ^_ ^^^ Gregory, Robert li. McCorinick, Tlioinas G. McLau- 
rj, David A. Gaoje and John 0. liiituii, their associates, 
successors and assigns, arc hereby created a body corporate 
Karae for 100 aiul politic, iindcr the name and style of tho "'Illinois Lead 
years. Mining and Smelting Company," for the term of one hun- 

dred years, with the power to contract and be contracted 
with, sue and be sued, in that name, in all courts and pla- 
ces ; to have a common seal, and change the same at plea- 
sure; to engage in the mining, smelting, manufacture, sale 
and transportation of lead, irun, coal and other miner.ds 
and products of their lands. The said company may re- 
ceive, piircliase, hold, sell and transfer any real or pergonal 
property, mining rights and right of way, for the purpose of 
mining and preparing for sale and transportatii.)n of min- 
erals, and other products of their mines or lands as may hue 
deemed necossaiy by them to the successful prosecution of 
their business, and the execution of the powers herein gran- 
ted ; and may have, liold and receive real estate and per- 
sonal property in payment of their capital stock. And said 
Acents. cc.::pany shall have power to employ such agents and de- 

By-iaws. line their powers, and to make sucli by-laws, rules and reg- 

ulations, (and alter the sa>!.e,) as they shall deem necessary 
for the government of said company, not inconsistent with 
the constitution and laws of this state or of the United 
Tacancies, Statcs. Aud the board of directors of said company shall 

have power to lill any vacancy created by the death, resig- 
nation or removal of an_y of their number, until the next 
election of directors after such vacancy shall have arisen. 
The capital stock of said company shall be five hundred 
thousand dollars, with power in said company to increase or 
diminish the same, and the same shall be divided into con- 
venient shares under the vote of the stockholders of said 
Prox/ votf. C()nipany. And the holder of stock in said company shall 
by himself or proxy be entitled to cast one vote for each 
share so held by him ; and all elections held by said compa- 
ny for directors, and the affairs of said company shall be 
managed by the board of directors. The j^resident and other 
officers shall be elected by the directors; and a majority of the 
stock represented at any meeting for an election of directors 
shall be entitled to elect such board of directors. The said 
Illinois Lead Mining and Smelting Company having been 
lieretofore organized under tlie act entitled "An act to au- 
thorize the formation of corporations for manufacturing, 
mining, meclianical or chemical purposes," approved Feb- 
Powc-ra and pro- ruary 18, 1857, it is hereby enacUMl, that all the real and 
p»;rtj yested. persoual property, rights, powers and privileges, vested in 
said company as heretofore organized, are hereby confirmed 



MINING COMPANIES. 69 

and vested in this body corporate by virtue of tliis act, and 

the present officers of such company shall continue to hold 

their respective offices under the by-laws adopted by said 

company, and until their successors shall be elected. The 

president or vice president of the company shall sign all 

certilicales of stock of said company whenever the same 

shall be issued, which certificates shall be countersigned by 

the secretary, and shall be assignable and transferable only 

in such manner and at such places as the stockholders of 

said company shall by their by-laws prescribe. It shall be Borrow money. 

lawful for the president and directors of said company to 

borrow any sums of money, and on such terms as they naay 

deem expedient, and to issue bonds or other evidences of 

indebtedness therefor ; audit sliall be lawful to secure the 

same by mortgage on the real or personal property of the 

company. 

§ 2. This act shall take effect from and after its passage, 
and shall be deemed a public act, and shall receive a favora- 
ble construction in all courts. 

Approved February 16, 1865. 



AN ACT to incorporate the Illinois Mining and Oil Company. In force Feb 10, 

1865. 

Section 1. £e it enacted by the People of the State of 
llli?iois, reinesented in the GeneTol Asse7nhly^ That Cor- 
nelius Price, James P. Burtis, Henry M. Shepard, Ambrose corporators. 
M. Miller and Eli S. Hart, and their associates, successors 
and assigns, be and they hereby are created a body politic 
and corporate under the name and style of "The Illinois Name and style. 
Mining and Oil Company," wdth perpetual succession, and 
with all the privileges and iliimunities incident to a cor- 
poration ; and shall have power to contract and to be con- powers, 
tracted with, to sue and be sued in all courts and peaces ; to 
organize such company by the appointment of a president 
and sucli other officers^as they may deem necessary ; to make 
such by-laws, rules and regulations as t\iQy may deem 
necessary from time to time for the government and man- 
agement of said corporation and its affairs and for the 
prosecution of its business ; to have a corporate seal, and to 
alter the same ; to dig, bore and mine for coal, iron and Privileges, 
other minerals, for salt water, coal oil and petroleum, and 
to manufacture, sell and transport the same and the pro- 
ducts thereof; and to carry on the cooperage business; and 
shall have all other powers necessary and adequate to carry 
out the objects of said corporation and to promote the prose- 
cution of its business. The office of said company shall be office. 



7(^ MINING COMPANIES. 

at the city of Chicago, but said company shall have no 
power of condemnation within the h'mits of said city. 

iioM prcperty. ^ '2. The Said compaiiy may receive in payment of its 
capital stock, and may lease, Uny and ii'hl such personal 
property, real estate, interests in land, mining rights and 
rights of way, n this state and elsewhere as may be deem- 
ed ads'antaii'eons or necessary by them, to promote their in- 
terest and to tlie snccessfnl prosecution of their iMisin.ess. 

wa-on ami ^ 3, The Said comi)anv shall have power to lav out, 

plank roads. '^ ^ - l ^ l" 11 1 " 'I 

con struct and operate such wagon ways, plank roads, rail- 
roads and appurtenances thereto on and. from the lands of 
said company, as they may deem pr<.>per to transport their 
property. 

Acents. ^5 4:. Said Corporation may appoint ?:ind emjdo\ such 

agents as may lie required! by them, and define the powers 
and prescribe the duties of such agents. 

Capital stock. ^ 5. Tlic Capital stock of said corporation shall be one 

million dollars, with povrer to increase the same to any sum 
not exceeding fifteen hundred thousand dollars, which shall 
be divided into ecpial shares of such an amount as said com- 
pany may decide. 

§ 6. Said cor}>oration may boi'rr»\v money, at such inter- 
est as they may deem proper, anil pledge its property for 
the payment of the same. 

Banking or in- ^:^ 7. Notliiug herein contained shall be so cor^strued as 

Mbfttd! ^'^'^' to authorize said corpoi-ation to issue bank Inlls, policies of 
insurance, or to engage in the Imsiness of banking or in- 
suj'ance. 

§ '5. The said corporation shall organize under this act 
within one year from th.e first day of 3Iareh, a. d. 1S6.">, and 
this act sh.all take efi'ect and be in force from and alter its 
passage. 

AiTRovED February Id, 1S05. 



la force F-.-b. 10, AN7 ACT to incorporate the Illinois Potrolcum and ^.lining Company. 

IStiCi. 

SncTioN 1. Be it enacted ly the People oj- the State of 
Illiitoi<<^ rejrreHented in tlie General AsHenihly. That Samuel 

Corporators. Stcvcnson, (ieorgc H. Dieckmann, William Newborn, Jolm 
Greathouse, J\Liles Waterman, (diaries G. Smith, 11 W. 
Henry and Isaac B. llume, their associates, successors, and 
heirs and assigns be and they are hereby created a body 
politic .and corporate, with ])erpetual succession, liy the 

Name and style, namo and Style of "The Illinois Petroleum and Mining 
Company;" [ind In- that name they and their successors 

Powers. shall bo Capable of suing and being sued, defending and 

beinn; defended, of contractin*!; and being contracted with, 



MINING COMPANIES. 71 

in all courts and places, and in all matters whatsoever ; 
with full power to acquire, hold, occupy and enjoy all such 
personal and real property or estate as they may deem 
necessary and proper for the construction, extension and 
usefulness of the business of said company, and for the man- 
agement and good government of the same ; may adopt such 
by-laws and regulations as they may deem proper, and they 
may have a common seal, and the same may be altered, 
broken, defaced and renewed at pleasure. 

§ 2. The capital stock of said company shall not exceed capital style. 
one hundred thousand dollars, to be divided into shares of 
fifty dollars each, to be subscribed and paid for in such pro- 
portion as shall be prescribed by the by-laws and rules for 
regulating the concerns of said company, as they shall 
think proper and necessary respecting the management and 
disposition of the stock, property and estate of said com- 
pany, the election of officers, artificers and assents to be 
employed, the number and election of directors, and all 
such matters as appertain to the concerns of said company. 

§ 3. Be it further enacted, that the objects of this cor- Restriction. 
poration shall be restricted to boring and mining for coal, 
minerals and petroleum, and the provisions of this act are 
to be construed only to encourage such objects ; and this 
act shall be a public act and be in force and take effect from 
and after its passage. 

Approved February 16, 1865. 



AN ACT to incorporate the Illinois Petroleum and Mining Company. In force Feb. 16, 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That George 
F.Harding, Warrick Martin, Kodney M. Whipple, Joseph T. corporatorg. 
Brooks and George W. Martin, and such other persons as may 
associate with them for that purpose, be and the same are 
hereby made a bodv politic and corporate, by the name 
and style of "The Illinois Petroleum and Mining Compa- Name and style, 
ny," with perpetual succession, and by that name and style 
may contract and be contracted with, sue and be sued, have 
a common seal, which they may alter and revise at pleas- seai. 
ure, and may have and exercise all the rights, privileges Powers. 
and immunities which are or may be necessary to carry into 
effect the purposes and objects of this act as the same are 
herein set forth. 

§ 2. The said company shall have power and authority May hold pro- 
to receive, take and hold all such voluntary grants and do- ^^"^ ^' 
nations of land and real estate as may be made to said com- 
pany, for the purpose aforesaid, and may contract and agree 



<^ MINING COMPANIES. 

Tvith the owners and occupiers of any land which may be 
necessary for such purposes, or which said company may 
desire to use in connection therewitli, in order to carry out 
the objects of its organization ; and said com])any is author- 
ized and empowered to receive and take o-rants and convey- 
ances of all interests and estates in such lands to them and 
their successors and assigns, in fee or otherwise; and may 
dig for coal or other minerals in and upon the said lands, 
or upon any lands which said company may acquire for 
that purpose; and may dig or bore for oil, or other oleagi- 
nous substances in and upon such lands, and may sell and 
dispose of such lands, minerals, oils and other prodiicts of 
said company : Provided^ Jioioever^ that the principal office 
of sa".d C()mj^any shall be located at the city of Chicago, in 
the County of (jook, in the State of Illinois. 

Capital stock. | 3_ 'pj^g Capital stock of said company shall be five 
hundred thousand dollars, with the privilege of increasing 
the same amount, not exceeding one million dollars, as <^hall 
be determined by the said company, which said stock shall 
be deemed personal })roperty, and shall be divided into 
shares of one hundred dollars each, and may be issued to 
such persons and corporations and certified, transferred, and 
registered in such rranner and in such places as may be or- 
dered and provided for by the board of directors, who shall 
have power to require the payment for the stock subscribed 
in the manner, at the time and on .such terms as they may 
di]-ect, and the same may be paid for in the real estate or 
in personal property, under the direction of said board of 
directors. On the refusal or neglect of any stockholder to 
make payment on the requisition of the board of directors, 
the share or shares of such delinquent, nuiy, after thirty 
days public notice in one of the daily newspapers of Chica- 
go, be sold at public auction, under such rules as the direc- 
tors may adopt. The surplus money realized from such 
sale, after paying the amount due upon such stock, with in- 
terest and costs of sale, shall be paid to the delinquent 
stockholder. 

Directors. g ^ 'j'l^g corporatc powers of said company shall be 

vested in and exercised by a bo;!rd of directors, to consist 
of not less than five nor more than nine in number, and 
such other officers and servants as they shall a])]X>int. The 
first board of directors shall consist of George F. Harding, 
Warrick Martin, Rodney M. A7hi]^ple, Joseph T. Brooks 

vacariciej. r^jj^j Ggoigo W. Martin. Vacancies in said board may be 

filled by a vote of two-thirds of the directors remaining; 
such ap]jointees to continue in office until the next regular 
aiiUnal election of directors, and which said annual election 
shall be held on the thii'd ]\Ionday of January in each year, 
at sucti place as the directors may a])point, thirty day's no- 
tice being given in one newspaper printed in Chicago, of 
the time and place of such election. 



MINING COMPANIES. 73 

§ 5. At any election of directors each share of stock shall Proxy rote, 
be entitled to one vote, to be given either in person or by 
proxy ; and the person receiving tlie largest number of 
votes to be declared duly elected, and to hold the office un- 
til the next annual election, and until their successors shall 
be duly qualified; and if for any cause the annual election 
shall fail, the company shall not be dissolved, but the direc- 
tors in office shall continue to hold their office until an elec- 
tion is had and their successors are qualified. 

§ 6, The directors herein named shall orsjanize their officers. 
board, by electing one of their number president, and by 
appointing a secretary and treasurer. The said company 
shall have power to make, ordain and establish by-laws, rules 
and regulations necessary to fulfill the purposes and carry 
into efi:ect the provisions of this act, and for the well ordering 
and securing the affairs, business and interests of the com- 
pany : Provided^ the same shall not be repugnant to the 
constitution and laws of the United States or of this state. 

§ 7. Said company is hereby authorized to erect any 
building, or maintain and operate any machinery which may 
be required, upon any land owned or occupied by them, for 
the purposes provided in this act. 

§ 8. The said company is hereby authorized from time Borrow money. 
to time, to borrow such sums of money as it may deem ex- 
pedient, and to issue and dispose of their bonds therefor in 
denominations of not less than one hundred, and bearing 
such rate of interest, not exceeding ten per cent., as the 
company shall deem expedient, and to secure the payment 
of the same, may execute a mortgage or deed of trust of 
all its property of every description in possession, or to be 
acquired with such terms, stipulations and conditions as may 
be deemed expedient. 

§ 9. This act shall be deemed a public act, and take 
efi'ect from and after its passage. 

Approved February 16, 1865. 



AN ACT to incorporate the Illiaois "Valley Coal Company. In force Feb. 15, 

[Section 1.] Be it enactedhy the People of the State of 
lllirwis, represented in the General Assemhly^ That John 
L. Scripps, Edward Hempsted, George Shufeldt, T L. Sid- corporators. 
way and Edward Daniels, their associates, successors and 
assigns, be and hereby are constituted a body corporate and Body corporate, 
politic, by the name and style of " The Illinois Yalley Coal 
Company," for the term of fifty years, with power to con- Powers and 
tract and be contracted with, sue and be sued in that name, p"^^^^®*- 
in all courts and places ; to have a common seal ; to engage 



74: MINING COMrAXIES. 

in tliG mining of coal and other minerals, and in tlie manu- 
facture and sale of coke, tire-ftrick and other ]U'odncts of 
lands owned by them ; to hold their meetings within or 
without the state, and to have all powers needful for the 
successful prosecution of their Inisiness, and for the execu- 
tion of the j)0\vers herein granted. 

Officers. ^ 1'. That the said corporators, or any three of them, 

shall have power to organize said company by the appoint- 
ment of a ])resident and sucli other officers and managers 
as they may deem necessary, at such time and place as tliey 
may designate by notice previously given; and when thus 

By laws. Organized, shall have p;)wer to make such bydaws as they 

may deem necessarj^ from time to time, for the government 
of the said company, not inconsistent with the constitution 
and laws of this state and of the United States. 

ca-pitai stock. § 2. TIic Capital stock of this company sliall be three 

hundred thousand dollars, which may be increased to live 
hundred thousand dollars. 

Note assignable. § 4, The ])resident and other oflicers of said company 
shall issue certificates of stock to the holders thereof, which 
certificate shall be assignable or transferable only in such 
manner and such places as the by-laws shall prescribe. 

Boats and cars. § 5. The suid compauy may buy, build and own boats 
and cars, and nuiy dispose of their property or any part of 
it, by sale or otherwise. They may receive real estate on 
payment of such part of the subscription as they may deem 
advisable ; and shall have the right to hold such real estate, 
mining rights, and rights of way as may be necessary for 
the prosecution of their business. 

Borrow money. § 6. That it shall bc hiwful for said company to borrow 
mone^y, and pledge or mortgage its property as security, on 
such terms as may be agreed upon. 

§ 7. That this act shall not be construed so as to in- 
fringe upon any other incorporated company in this state. 

§ 8. That this act shall take effect and be in force from 
and after its passage. 

Approved February 15, 18G5. 



In force Feb. 16, AN ACT to incorporate the Kankakee Coal Company. 

1865. ^ ^ ^ 

Section 1. Ue it enacted hy the I'eopJe of the State of 
niinoiH^ re'pre.Hented in the General Assemhhj^ That G. 1). A. 

Corporators. Parks, Jolin II. Dauicls, William II. Odell, James G. Strong 
and liichard P. Morgan, jr., their associates and successors 
be and hereby are constituted, a body corporate and politic, 

Name and style, undcr tlic nauic and style of "The Kankakee Coal Compa- 
ny," with perpetual succession, and with power by that 



MININa COMPAJSTES. 75 

name to contract and be contracted with, sue and be sued; Powers. 
to have a common seal and to alter the same at pleasure; to 
take and hold, bv purchase or lease, lands in the county of 
Will, Grundy and Livingston, for the purpose of mining 
and transporting coal to home and foreign markets ; vt^ith 
power to sell and convey the same or any part thereof; and 
moreover, to appoint all necessary agents and officers, and 
to make such bv-laws and resrulations for the more thorono;h By-iaws. 
organization of said company, and the prosecution of its 
business, within the meaning of this act: Provided^ said piovIso. 
by-laws and regulations are not inconsistent with the laws 
of this state or of the United States; and, moreover, with 
power to hold such personal property, and to possess and 
erect such stock, buildings and machinery, as may be neces- 
sary for the purpose of mining, transportation and sale of 
coal, in pursuance of the powers and privileges granted by 
this act. 

§ 2. The capital stock of this company shall be two hun- capital stock. 
dred thousand dollars, divided into shares of one hundred 
dollars each, with power, by vote of the stockholders at a 
meeting duly called, to increase the said capital stock to any 
amount not exceeding one million dollars. 

§ 3. The first meeting of said corporation may be called First meeting. 
by the persons named in this act, or any two of them, at 
such time and place as may be selected within Will, Grun- 
dy or Livingston counties, and at such meeting, provided 
fifty thousand dollars to the capital stock shall have been 
subscribed, a board of directors shall be chosen from among 
the stockholders; each stockholder, for such purpose, giving 
one vote for every one hundred dollars of stock subscribed 
by him. And such board of directors shall take charge of 
the operati(>ns of the company, subject to such rules and 
regulations as may be adopted by the stockholders. The 
said board of directors shall consist of not less than three 
nor more than five, and shall hold office for one year or un- 
til their successors are appointed ; and shall appoint from officers. 
among themselves a president, and treasurer, and may adopt 
such by-laws and regulations for the government of the con- 
cerns of the company as they may deem expedient, not in- 
consistent with the rules made by the stockholders aforesaid, 
nor with the laws of this state. 

§ 4. The company shall have power to construct rail- Powers. 
roads from their coal mines to any part of the counties afore- 
said, and to connect with any internal navigation or railroads 
therein. 

§ 5. The right of way for said road or roads to be con- Right of way. 
structed under this act, as also for buildings, landings and de- 
pots, may be obtained by said company, either by purchase, 
gift or grant, or in the mode prescribed by an act of the 
state of Illinois, entitled "An act to amend the law con- 



76 MINING COMPANIES. 

dcmiiino- the rlo-lit of \vay for ]:>urposes of internal improve- 
ment.'^, approved June 22, ISol!.*' 

Bor-ow money. cj G. Tlic said com})any are hereby autliorized, from time 
to time, to borrow mone}' npon bonds issued for that pur- 
pose ; said bonds bearing interest at a raio not exceeding 
ten ])er cent.; and to secure tlie same, may execute one or 
mure mortaaiics, upon all or any part of the property and 
franchises of said compaViy, which said n;iortgage or mort- 
gages being duly acknowledged and recorded in the said 
counties of AVill. Li\ingston and Grundy, as the case niay 
be, shall be valid and eliectual liens upon the properly of 
the said company to the extent and for the purposes, for 
which they were executed. 

Stock- asci-unbij g 7. Tlic Said Company shall issuc certilicatcs of st.'ck to 
holders thereof, which certihcates shall be assignable or 
transferable only in such manner and at such places as the 
said company shall by their by-laws prescribe ; but no stock 
shall be transferred by any person, until all the debts and 
demands of the company against such person shall first 
have been paid and discluirged; and for all such debts and 
demands, the comi)any shall have and intld a lien on the 
stock of such person, until the sauie are fully paid. 

§ S. This act shall be deemed and taken as a public act, 
and shall be construed beneticially for all purposes lierein 
specitieil or intended, and shall be in force from and after 
its passage. 

AiTRovED February 16, 1SG5. 



In force Feb. 10, AX ACT to incorporate the Lincoln Coal, Wood and Lumber Conipanv. 
1S65. '^ 

Section 1. Be H enacted hy the People ^'f the State of 
Illinois, Q t 'presented in the General Assembly, That James 

Corporators. rp^ j^_ Elli,,tt, And.rosc M. Miller, Abram Maylield and 
David Tittler, and their associates, successors and assigns, 
be and they are hereby crea'.ed a body politic and corporate, 

Name and style, uudcr the uamo aud stylc of "'■ Liucolu Coal, Wood and 

Po^reri. Luuibcr Company," for the term of fifty years; with power 

to contract and be contracted with, sue and 1)6 sued in that 
name in all courts and places; to liave a connnon seal and to 
change tin; same at pleasure; to engage in the transporta- 
tion of coal, wood and lumber; to buy and sell the same; 
to mining in tiie cnunty of Logan on lands owned by the 
said com[)any; to have all ])Owers needful for the prosecution 
of their bu.-^iness an<l f»r the execution of the powers herein 
granted. 

cap'iai stock. ;; 2. The Capital stock of said comj)any may not exceed 

two hundre<l thousand dollars, and shall be divided into 



MINING COMPANIES. 77 

shares of one hundred dollars each, which shall be deemed 
personal property. 

§ 3. That the said James T. D. Elliott, Abram Majliekl, officers. 
Ambrose M. Miller and David Tittler, or a majority of them, 
shall have power to organize said company, by the election 
or appointment of a president and such other officers as they 
may deem necessary. They and their successors shall have By-iaws. 
power to make such by-laws, rules and regulations, as they 
may deem necessary for the government and management 
of said company, not inconsistent with the constitution and 
laws of this state, and of the United States. 

§ 4. The president and other officers may issue certifi- Evidence of 
cates of stock to the owner or holders thereof, which certifi- 
cates shall be assignable or transferal)! e, only in such man- 
ner and at such places, as shall be designated in the by-lsws 
of said company. 

§ 5. It shall be lawful for the president and managers Borrow money. 
of said company, from time to time, to borrow money for 
the use of said company, and pledge or mortgage any of the 
estate, improvements and assets whatsoever of said company, 
for the payment of such money, so borrowed, and for the 
interest thereon, at such times and places as may be agreed 
on. 

§ 6. This act shall be deemed a public act, and take 
effect from and after its passage. 

Appkoved February 16, 1865. 



AN ACT to amend an act entitled "An act to incorporate the Madison In force Feb. 15, 
County Coal Company," approved February 18, 1857. ^^^^• 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That the Mad- Extension of 
ison County Coal Company, shall have full power and '"°^'^' 
authority to extend its railroad, constructed from the Mis- 
sissippi river to the St. Louis, Altoa and Terre Haute rail- 
road, below Wood river, from the place where said railroad 
joins the said St. Louis, Alton and Terre Haute railroad, 
eastwardly to the bluffs, and to any coal lands which said 
company may hereafter acquire ; and also to transport 
freight and passengers on the same : Provided^ that the Proviso, 
right to transport freight and passengers over the road of 
said company, shall be subject to such, limitations, in rela- 
tion to tariff's or freights and fare of passengers as shall here- 
after be imposed by general laws. 

.§ 2. The said coal company shall have full power and Right of way. 
authority to acquire the right of way for such extension of 
its said railroad and the necessary station and depot grounds, 



7b MIXING COMPANIES. 



eithor by purchase or conderanation, in the same nicinDer as 
is provided in the act to which this is an aujendniest, the 
grounds for said right of waj' not to exceed a strijj one hun- 
dred feet in width. 

§ 3, Tlie said con.panj shall have full power to construct 
the said extension of its said railroad across the track and 
ri^'ht of wav of the said St. Louis, xilton and Terre Haute 
railroad, or any other railroad now constructed, and if ueces- 
Proviso. sary t<> c< 'ndenin land f<.»r that purpose : Provided^ that said 

crossing fc-hall be made so as not to obstruct the running of 
the trains on the railroad so crossed. 

>J 4. This act shall take erfcct and be in force from and 
after its ]iassage. 

AppiiuvED February lo, 1SG5. 



In fr.rce Fell. 10, AX ACT to incorporate the Ohio and Mississippi Yalley Fetroleuni and Mir.- 
l^*'^- ing Company. 

Section 1. Be it enacted hy the Peoi^le of tlie State of 
Illinois, represented in the Genercd Assembly, That Charles 

coiporaiors. \Y. LMuimock, ■ v . C. Ficrce, Manly Morse, James X. Mor- 
gan, E. B. Andrews, Alex. Milne, 'A. N. Hill, George W. 
Brackett, John B. Bowman, Aniada Yallee, and their asso- 
ciates and successors, and all such persons as sliall become 
stockholders in the company hereby created, shall be a body 
politic and corporate, under the name and style of " The 
Ohio and Mississippi Fetroleum and Mining Company," 

Pjvrers. \K\i\i powcr to Contract and be contracted with, sue and be 

sued in all courts and places, to have a corporate seal, and 
to alter the same at pleasure ; to dig, bore, mine and exca- 
vate tor petroleum, coal, rock or carbon oil," or other valuable 
mineral or volatile substances, and to manufacture, sell and 
transport the products thereof, and to carry on the cooperage 
business ; and with all other powers necessary and ade- 
(piate to ]tromote the ])rosccution of their business. 

Hold real and t^ 2. The Said comixui V mav reccive, Icasc, buv aud liold 

personal estate. i ■■ ■■ i / - ' • • i i • ' • i . i 

sucri real and personal estate, mming and boring rights, and 
rights of Avay, as may be deemed necessary by them for the 
successful ])rosecution of their business. 

^''^^'^-- § 3. The said company shall have power to lay out and 

construct such wagon ways, ])hink roads, railroads and ap- 
purtenances thereto, on and from the lands, and lease-hold 
of said company as tliey may deem proper to transport their 
property. 

Ag.-nta. I i. The said company may employ and ap})oint such 

agents as may be rerpiired by them, and define the powers 
and prescribe the duties of such agents. 



MINING COMPANIES. 79 

§ 5. The capital stock of said company shall be three capUai stock, 
hundred thousand dollars, with power to increase it to any 
sum not exceeding one million dollars, to be subscribed and 
paid for as the directors of said company may order, and 
shall be divided into shares of fifty dollars each, which shall 
be deemed personal property, and shall be transferable on 
the books of the company in such manner as its by-laws 
may prescribe. 

§ 6. The affairs of said company shall be managed by Directors. 
a board of directors of seven persons, who shall be stock- 
holders in the same ; they shall be elected by the stock- 
holders of the company. The first election shall take place First board. 
when one hundred thousand dollars of capital stock shall 
be subscribed. Any five of the corporators herein named, 
shall be commissioners to open books for the subsciiption of 
stock. The money so received by the commissioners shall 
be paid over to the directors when elected. The directors Annual election, 
shall be elected annually, and shall hold their office until 
their successors are elected and organized ; they shall elect 
from their own body a president, who shall perform such 
services and have such powers, as shall be conferred on him 
by the by-laws of said company. Any vacancy in the vacancy. 
board may be filled by a majority of the directors, and, in 
the absence of the president, a president ^?ro tern shall be 
elected. The board of directors shall make and execute 
such by-laws as may be necessary for the prosecution of the 
business of the company not inconsistent with this act, or 
with the laws of the land, and all the acts of the dulj^ ap- 
pointed officers and agents of the company done and per- 
formed under authority of the by-laws, shall be binding on 
the company. 

§ 6. After the election of directors, as aforesaid, the 
company may commence its business in the full enjoyment ■ '"- • 
of the privileges of this act, at such place or places in the 
state as the directors may designate. 

§ 7. The said company is and shall be permitted to ne- Borrow money. 
gotiate a loan or loans of money at such interest as they 
may deem proper, and to pledge all of their property, real 
and personal, and all their rights, credits and franchises, for 
the payment of the same. And this act shall take effect 
from and after its passage. 
Appeoved February 16, 1865. 



80 MINING COMPANIES. 

In force Feb. 10, AN ACT to incorporate tl;o Monis Coal and Oil ('ompanv. 

SEcriON 1. Be it enacted hy the Penjyle of the State of 
Jl/inois, represented in the General Assembly^ That John Y. 

Corporators. Farwoll, C. II. Cxcjuld, D. D. Sponcer and J. W. Woodrow, 
their associates, successors and assigns, be, and they are liere- 
bj constituted a body corporate and politic, by the name and 

Name and stvie. Style of " Tiio Morris Coal and Oil Cunipany,"' with power to 

Powers. CL-ntraet and be contracted with, sue and be sued in that name, 

Privileges. 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 
products of lands now owned, or hereafter to be oA^ued, by 
ihem, in the counties of Grundy and Will, and in the trans- 
portation of the same, or an}^ of them, to home or foreign 
markets; to connect their works with the Illinois and Mich- 
igan canal with the Illinois river, or with any railroad now 
built or hereafter to be built, by plank road, or otherwise, 
with the privilege of obtaining right of way for same 
under existino; laws : providing for obtaining right of way 
for purposes of internal improvement, approved June 2^, 
1852 ; to hold their meetings within or without the state, 
and to have all powers needful for the successful prosecu- 
tion of their business, and for the execution of the powers 
herein granted. 

<^'^'c<^"- § 2. That the said corporation, their associates and as- 

signs, shall have power to organize said company by the 
appointment of such oihcers as they may deem necessary ; 

By-laws. tt) make all by-laws, rules and regulations as they may deem 

necessary, from time to time, for the government and man- 
agement of said company not inconsistent with the consti- 
tution and laws of this state or of the United States. 

Capital stock. g o. The Capital stock of the said company shall be one 
hundred thousand dollars, M'ith power to increase the same 
to live hundred thousand dollars, to be divided into shares 
of one hundred dollars each. 

Stock assignable ^ 4. Tlic president and other officers or managers of 
Raid com!)any, shall issue certificates of stock to the holders 
ther(M)f ; which certificates shall be assignable only as the 
by-lav,'s of said company may direct. 

Boats. ^ 5. The said company may build, buy and own boats 

for carrying on their business, and niny dispose of any or 
all of their property, as they may see tit. They may re- 
ceive real estate on payment of any part of the subscription 
to the stock (^f said company. 

Borrow money. ^ (). 'Jliat it sliall be Uivvful for tlic president and man- 
agers of the said company, from time to time, and at all 
times, to Im'Itow money, or obtain on loans such sums of 
money, and on such terms, not exceeding ten per eent. in- 
terest, as they may deem expedient for the use of said com- 



MINING COMPANIES. 81 

pany, and to pledge or mortgage any or all of their property 
for the repayment of said money so borrowed. 

§ 7. That this act shall take effect and be in force from 
and after its passage : Provided^ that if the corporation Proviso, 
shall not organize within one year from the passage of this 
act, and commence business, as contemplated by this act, 
then this act shall be null and of no force whatever. 

Approved February 16, 1865. 



AN ACT to incorporate the National Lead Company. In force Feb. 16, 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That A. C. 
Badger, D, P. Faulds, George W. Yan Boskirk, W. W. corporators. 
Hilton and O. F. Badger, their associates and successors, are 
hereby constituted and appointed a body corporate and poli- 
tic, by the name and style of the "National Lead Company Name and style. 
of the State of Illinois," and by that name may sue and be 
sued, plead and be impleaded, and answer and be answered 
unto in all courts of law and equity ; may have a common seai. 
seal, and the same alter at pleasure ; and may enjoy all the Privileges, 
privileges incident to corporations for the purpose of mining, 
smelting or manufacturing zinc, copper and lead, and the 
ores of said metals, in the state of Illinois. 

§ 2. Said corporation shall have power to purchase, hold 
and convey real estate: Provided, that the cost of the real Proviso, 
estate held by the said company, at any one time, shall not 
exceed two hundred and fifty thousand dollars. 

§ 3. The first meeting of said corporation may be called By-iaws. 
by the persons named in tliis act, or by a majority of them, 
at such time and place as they shall designate, and at such 
meeting, and at all other meetings duly notified, said corpo- 
ration may make and alter such by-laws, rules and regula- 
tions, for the management of the business of said corpora- 
tion, as a majority may direct, not repugnant to the laws of 
the United States or of this state. 

§ 4. Said corporation may divide their stock into as shares, 
many shares, and provide for the sale and transfer thereof, 
in such manner as said corporation shall from time to time 
deem expedient. 

§ 5. This act is hereby declared to be a public act, and 
the same shall be construed favorably in all courts and 
places whatsoever, and the same shall take effect and be in 
force from and after its passage. 

Approved February 16, 1865. 



*Y 



S2 MIXING COMPANIES. 

In force Feb. lt\ AX ACT to incorporate the Ottawa retroloum and Mining Company, 

1*65. 

Section 1. Be it en wted hj the People of the State of 
Illinois, represented in the General Assembly^ That John 

rorporators. Y. A. H06S, Ilicliard Thorne, Ger'ro;e Any, eJolin F. iNash- 
L<n'eiizo Leland, John I). Caton, A. B. Smith, John B. Bice, 
and th.eir associates and successors, and all snch persons as 
shall become stockholders in the company hereby created, 
shall be a bod}^ politic and corporate, under the name and 

Kameana style, stjlc of tlic '* OttaY/a Petroleuni and Mining Company," 

Powers. with powcr to contract and be contracted with, sue and be 

sued, in all courts of law and equity in this state ; to have 
a corporate seal, and to alter the same at pleasure; to dig, 
bore, mine and excavate lor petroleum, coal, rock or carbon 
oil, salt, or other valuable minerals or volatile substance, 
and to manufacture, sell and transport the products thereof^ 
and to carry on the cooperage business, and with all other 
powers necessary and adequate to promote the prosecution 
of their business. 

Hold ptopertr. ^ 2. The said company may receive, lease, buy and hold 
such real and personal estate, mining and boring rights, and 
rights of way, as may be deemed necessary by them to the 
successful prosecution of their business. 

Agents. § 3. The said company may emplo}^ and appoint such 

agents as }nay be required by them, and define the powers 
and prescribe the duties of such agents. 

Capital stock. ^ i. Tiic Capital stock of saicl company shall be fifty 
thousand dollars, with power to increase the same to any 
sum not exceeding live hundred thousand dollars, to be sub- 
scribed and paid for as the directors of said company may 
order, and shall be divided into shares of fifty dollars each, 
which shall be deemed personal property, and shall be trans- 
ferable on the books of the company in such manner as its 
by-laws may prescribe. 

Bhectoi-s, ,:j 5. The affairs of said company shall be managed by a 

board of directors of five persons, who shall be stockholders 
in the same ; they shall be elected by the stockholders of 

rirst election, thc compauy ; the first election shall take place when five 
thousand dollars of capital stock shall be subscribed. Any 
five of the corporators herein named shall be commissioners 
to open books for the subscription of stock ; the money so 
received by the commissioners shall be paid over to the di- 
rectors when elected. The directors shall be elected annu- 
ally, and shall hold their office until their successors are 

Officers. elected and organized ; they shall elect from their own body 

a president, who shall perform such services and have such 
powers as shall be conferred on him by the by-laws of said 
company ; any vacancy in the board may be filled by a ma- 
jority of the directors, and in the absence of the president 
a president />ro tem. shall be elected. The board of directors 
shall make and execute such by-laws as may be necessary 



MINING COMPANIES. 83 

for the prosecution of the business of the company, not in- 
consistent with tliis act, or with the laws of the hmd ; and 
all the acts of the duly appointed officers and agents of the 
company, done and performed under authority of the by- 
laws, shall be binding on the company. 

§ 6. After the election of directors, as aforesaid, the com- 
pany may commence its business in the full enjoyment of 
the privileges of this act, at such place or places in the state 
as the directors may designate. 

§ 7. The said company is and shall be permitted to ne- Borrow money. 
gotiate a loan or loans of money, at such interest as they 
may deem proper, and pledge all of their property, real and 
personal, and all their rights, credits and franchises for the 
payment of the same. 

§ 8. The said company shall, without unnecessary delay, 
prosecute the work for which it is hereby created. 

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

Appkoved February 16, 1865. 



AN ACT to incorporate the Pontiac Coal Company. In force Feb. 16, 

1865. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in \the\ General AssemUy, That Jona- 
than Duft", Wm. B. Lyon and Nelson Buck, and their asso- corporators, 
ciates, successors and assigns, be and they are hereby crea- 
ted a body politic and corporate, under the name and style 
of " The Pontiac Coal Company," with power to contract Name and style. 
and be contracted with, sue and be sued, to organize such Powers and 
company by the election of a president and such other offi- p'"^^''^^^^- 
cers as they may deem necessary ; to have a corporate com- 
mon seal, and to alter the same ; to make such by-laws, 
rules and regulations as they deem necessary, from time 
to time, for the government, management and prose- 
cution of the business of said company ; to dig, bore and 
mine coal, oil or other articles, the product of. their mines ; 
to sell and transport the same when mined, and with all the 
powers necessary to promote the prosecution of their busi- 
ness. 

§ 2. The said company may receive, buy and hold such May hold pro- 
real estate, mining rights, and rights of way, as may be ^^'^*^" 
necessary by them to the successful prosecution of their 
business. 

§ 3. The said company shall have power to lay out and ^o&^s. 
construct such wagon ways, plankroads, branch railroads or 
side tracks to the Chicago and Alton railroad, (with the con- 
sent of said railroad company,) with all the appurtenances 



Si MINING COMPANIES. 

thereto, on or from the lands of said coal company, as they 
may deem proper to transport tlieir property. 

Agencies. >; -i. The sald compaiiv niny emph)y and app')int such 

agents as may be recpiired by tliem, and detine tlie powers 
and jirescribe the duties of such agents. 

Capital stock. s^ 5. The Capital stock ot said cumpauy sha]l be ten 

thousand doHars, with power to increase the same to one 
hundred tliousand, and divided into shares of tifty dollars 
each, and holders of stock shall be allowed one vote for each 
share. 

Commissioners i- 6. Jonatluiu Dutf, William B. Lyon and Xelson Buck, 
oopen .00 s. ^^ commissloners, are hereby authorized to open books and 
receive subscriptions to the capital stock of said company, 
and as soon as one hundred shares sliall be subscribed to 
said capital stock, the said conunissioners, or a majority of 
them, shall notify said stock suljscriliers of tlie time and 
place of meeting to ca-ganize said company. 

rayment of ^ j^ g.,j,j companv shall be permitted to receive and 

giock. '- 1 11 

accept mortgages on real estate at such value as the com- 
pany shall decide, to secure the {)ayment of any stock sub- 
scribed for. 
Borrow money. ^ S. It sliall be hiwful for sald compauy to borrow or 
obtain on loan, any sums of money, and on such terms as 
they may deem expedient for said com|)any, and issue notes 
or bonds for the same, secured by mortgages on the real es- 
tate of tlie company, or otherwise. 

§ 9. This act shall take effect Irom and after its passage. 
Approved February 10, 1 805. 



In force AprillS, AX ACT to incorporate the Rock Ijliind Petroleum and Mining Companv. 

1 QP.K 



1865. 



Section 1. J^e it enacted hy the Feople r>f tJte State of 
Illinois^ represented in the General AsscrrMy, That Corne- 

Corporators. lius Lyudc, jr., Ira O. Wilkinson, Jerome J. Beardsley and 
Lucius B. Otis, their a-^sociates, successors and assigns, be 
and they hereby are created a body cor}X")rate, with perpet- 

K;me and style, nal Bucccssiou, by the name and style of "The Rock Island 
Petroleum and j\Iining Company,'' and by that name may 
sue and be sued, plead and be impleaded, contract and be 

Powers. contracted with, with full power to acquire, hold and enjoy 

such property^ real and persrdial, as they may deem ])roper 
to promote the objects of said incorporation, and sell and dis- 
pose of the same; with ])ower to use a corporate seal, and 
alter the same at jileasure ; to engage in mining and boring 
and excavating the earth, upon the lands of said compaii}', 
in the county of Rock Island, or such other lands as said 
company may obtain license therefor in said county, for the 



MINING COMPANIES. 85- 

purpose of discovering minerals, petroleum or coal oil, and 
working, obtaining, acquiring, transporting and marketing 
the same, by agents or otherwise, as said company may 
deem best. 

§ 2. Said company may enter upon the business afore- 
said when the sum of ten thousand dollars shall have been 
subscribed as capital stock, and may from time to time in- 
crease said capital stock to the amount of five hundred 
thousand dollars. 

§ 3. The persons herein named as incorporators, with or By-iaws. 
without associates, may make such by-laws as may be deemed 
necessary for the prosecution of the business aforesaid, not 
inconsistent with the laws and constitution of this state and 
of the United States. 

§ 4. The directors of said company shall consist of not Directors, 
less than three nor more than seven, and shall be stock- 
holders, elected annually by the stockholders thereof, at 
such time and place as may be prescribed in the by-laws. 

§ 5. Said company is hereby authorized to borrow Borrow money. 
money for the purpose of carrying on the business thereof, 
and for that purpose may" issue bonds or other evidences of 
indebtedness, and secure the same by mortgage or other- 
wise upon the real or personal estate of said company. 

Appkoved February 16, 1865. 



AN" ACT to amend an act to incorporate the Ohio River Saline Coal Mining In force Feb. 13, 
and Manufacturing Company, approved Januarj' 16, 1855. ^^^^• 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the Ohio 
River Saline Coal Mining and Manufacturing Company, Name changed. 
now represented by George Escol Sellers as president, and 
Philip M. Price and Frederick H. Sellers as directors, they 
or their successors, be empowered to change the name of 
said company to "Arundin Manufacturing and Mining Com- 
pany." 

§ 2. The company shall have the power to prepare for mar- Powers, 
ket and for use, vegetable fibre, and such other products as 
can be manufactured from the various substances resulting 
from the preparation of the fibre, and to manufacture paper 
and textile fabrics. 

§ 3. This act shall take eft'ect and be in force from and 
after its passage, and shall be deemed a public act. 

Approved February 13, 1865. 



St) MINING COMPANIES. 

In force April 1=;, AX ACT to en.'^ble purehasoi's of the property of the Saline Coal and llanu- 
'• fiicturing Company, sold under foreclosure or other proceeding in law or 

equity, or pursunut to the provisions of mortgages or deeds of trust, to 
organize a corporation, and to exercise corporate and other powers. 

Treambie. WiiEREAS tliG objects 01 tliG Corporation herein ])rovided for 

cannot l)e attained under any general law of this state, 
Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the piir- 

corporation. chascr or purchasers at any eale of the property, or any part 
thereof, of the Saline Coal and Manufactiirinn; Company, a 
corporation existing under and by virtue of the laws of this 
state, by virtue of m\\ niortgai2;e or niortgages, or deed or 
deeds of trust, or other instrument made or v^xecuted by the 
said Saline Coal and Manufacturing Companj^, or any of its 
otiicers, either by foreclosure or other proceeding in law or 
equity, or by advertisement, pursuant to any piower or 
authority in such mortgage or mortgages, deed or deeds of 
trust, or other instruments contained, or his or their survi- 
vors or survivor, and their or his associates, successors or 
assigiLS, ma_y form a corporati^)n by liiingin the office of the 
secretary of state a certilicate, under his or their signature, 
specifying the name of such corporation, the number of di- 
rectors, tlie luxmes of the first directrtrs and the period of their 
service, the amount of the ca]>ital stock of the company so 
to be formed, aiul the number of shares into wliicb such 
capital stock is to be divided; a copy of which certiticAte, 
attested by the sigiuiture of the secretary of state, or his dep- 
ute", shall, in all courts and phices, be evidence of the exist- 
ence of the said corporation, and of the facts in the said cer- 
tilicate stated ; and the said purchaser or purchasers, or their 
survivor or survivors, and their or his associates, successors 
or assigns, may convey such property as aforesaid, to the 
said corporation, and such conveyance shall be ettectual, to 
Yt'St in the said corporation an indefeasible estate of inherit- 
ance in the same, subject only to incumbrances prior in lien 
to those under wliich the said sale shall have been made. 

Name and style. cs 2. Wlicu the Certificate shall have been filed as afore- 
said, the persons who shall have signed the same, shall be 
a body ])ohtic and corporate, by the name stated in such cer- 

Powers and tiflcatc. Sucli Corporation shall have all the rights, povv'ers, 
''"^' "^''^' pnivileges, advantages and franchises which were conferred 
upon the said Saline Coal and Manufacturing Company by 
an act entitled ''An act to incorporate the Saline Coal and 
Manufacturing Company," ap})roved January 28, 1851, 
and, also, by an act to amend an act entitled "An act to in- 
corporate the Saline Coal and Manufacturing Company," 

Capital stock, approved duly 15, 1S51:; and, in addition thereto, may issue 
capital stock to such aggregate amount as shall be named in 
the said certificate, of which, such amount as the board of 
directors may deem advisable, may be stock preferred over 
other stock of said company, upon such terms as the said 



MINING COMPANIES. 87 

board may determine ; may mortgage, lease, sell, convey, 
or otherwise dispose of any real estate, mining rights, or 
rights of way ; may construct and maintain raih-oad and 
other bridges over the Saline river, upon the said company's 
land, and lay railroad tracks upon any of the same : Provi- Proviso. 
ded^ that no such bridge shall be so constructed as to pre- 
vent free passage of all boats or water crafts that may navi- 
gate said river ; may sell or dispose of their bonds at such 
prices and in such manner as they may deem proper; ma}'- 
include in any mortgage or mortgages, or deed or deeds of 
trust, all franchises held by them ; which said franchises, in 
case of sale, by virtue of any such mortgage or mortgages, 
or deed or deeds of trust, are hereby declared to pass to the 
purchasers or purchaser, so as to enable them or bim to form 
a corporation in the manner herein prescribed, and to vest 
in such corporation all the powers, privileges and franchises 
conferred by this act. The officers or directors of the cor- 
poration to be formed under this act may reside within or 
without this state. 

§ 3. It shall be lawful for the said corporation, so to be Redemption of 
formed, to redeem the property described or included in any p^^p^*"*^- 
mortgage or mortgages, or deed or deeds of trust, heretofore 
or hereafter made by the said Saline Coal [andj Manufactu- 
ring Company, at any time before the sale, by virtue there- 
of, by paying to the grantee or grantees named in such 
mortofao-e or mortorao-es, or his or their executors, aduiinis- 
trators or assigns, or to the trustee or trustees named in such 
deed or deeds of trust, or his or their successors or succes- 
sor, the sum of money secured by such mortgage or mort- 
gages, or deed or deeds of trust, with interest thereon, at 
the rate therein mentioned, and the costs, if any, necessarily 
incurred thereou, and from any sale, by virtue of any exe- 
cution, within twelve months from such sale, by paying to 
the purchaser or purchasers thereof, his or their executors, 
administrators or assigns, or to the sheriff or other officer 
who sold the same, for the benefit of such purchaser, the 
Slim of money which may have been paid on the purchase 
thereof, or the amount given or bid, if purchased by the 
plaintiff in the execution, together with interest thereon, at 
the rate of ten per centum per annum from the time of such 
sale ; and on such sum being made as aforesaid, the said sale 
and the certificate thereupon granted shall be null and void ; 
and it shall be the duty of the purchaser, sheriflf', master in 
chancery, or other officer or person from whom such re- 
demption takes place, to make out an instrument, in writing, 
under his hand and seal, evidencing said redemption, which 
may be recorded in the recorder's office of the proper coun- 
ty, in manner as other writings affecting title to real estate 
are filed and recorded, which recording shall be paid for by 
the party redeeming. 



88 MINING COMPANIES. 

§ 4. In case of tlie sale by the said company of net less 
than live thousand acres of the real estate herein mentioned, 
the purchaser or purchasers thereof, or his or their survivor 
or survivors, or their or his associates, successors or assigns, 
may form a corporation, in the manner prescribed in this act, 
and the said corporation shall have all the rights, powers, 
privileges, advantages and franchises conferred by this act, 
so far as the same shall be applicable th.ereto. 
iiovtgageLi pro- g 5. Whenever, in the opinion of the board of directors, 
^^^ ^' it may become necessary or advisable to pay off and dis- 

charo;e any morto-aij^e or incumbrance noTv existino; ao-ainst 
the said property, or any part thereof, or any taxes there- 
upon, or to redeem the said property, or any part thereof, 
from any sale or sales on account of any such taxes, mort- 
gages or incumbrances, it shall be lawful for the said board 
to assess the stock of the company to an amount sufficient to 
pay olt' and discharge such taxes, mortgage or incumbrance, 
giving to each stockholder not less than sixty days' notice, 
in writing, of such assessment, at his place of residence or 
business ; and in case of the failure of any stockholder to 
pay the amount of such assessment, when the same shall 
becon:ie due, it shall be lawful for the said board to forfeit 
the stocks on which such default shall be made, and to hold 
jorfeited stock, or rescrvc tlic samc for the purposes a1)0ve mentioned. Any 
stockholder whose stock has been so forfeited, may, in case 
such stock shall be held by the company, redeem the same 
within nine jnonths from the date of such forfeiture, upon 
paying the company such assessment, with interest, at 
the rate of twelve per cent., per annum ; and in case such 
stock shall have been sold by the company, may redeem the 
same from the purchaser thereof, or his assigns, within 
nine months from such sale, npon paying to such purchaser 
or his assigns the amount of such purchase money, and of 
any assessment paid by such purchaser or such stock, to- 
gether with interest thereon, at the rate of twelve per cent., 
per annum. 

§ G. This act shall be deemed a public act. 
Appkuved February 16, 1S65. 



Id foi-ce April H, AN ACT to incorporate the Wilmington Coal Mining and Manufacturing 
^^65. Company. 

Section 1. J3e it enacted hy the People of the State of 
lllinoiH^ represented in the General Assembly^ That Archi- 
co/porators. bald J. McTutyre, Benjamin F. Russell and Thomas M. 
Turner, of Will county, Illinois, and their associates, suc- 
cessors and assigns, be^and they are hereby created a body 



MINTOG JOMPANIES. 89 

politic and corporate, by the name and style of "The Wil- Name and style. 
min2^ton Coal Mining and Manufacturing Company," and 
by that name shall have perpetual succession, with pow- 
er to contract and be contracted with, sue and be sued in 
all courts and places ; to have a common seal and change seai. 
the same at pleasure ; to engage in the mining, manufactur- powers. 
ing, sale and transportation of coal, iron, coke, coal oil, and 
all kinds of mechanical and manufacturing business, by 
mills, furnaces, founderies, factories, machine shops, shafts, 
pits and other means and structures for mining, manufac- 
turing and making any and every kind of articles of coal, 
iron, wood, metals, w^ool, cotton, flour, meal, or other ma- 
terial, or any composition, combination or mixture of them, 
and to carry on the same by steam or other power or agent 
not prohibited by law. 

§ 2. The said company may receive, purchase and hold hom real estate. 
any real estate, lease-hold property, chattels real, mining 
rights, and personal property, for the purpose of mining 
and manufacturing, as aforesaid, and preparing for trans- 
portation and selling any and all of said articles, minerals 
and fabrics, as may be deemed necessary by them to the 
successful prosecution of their business and the execntionof 
the powers herein granted ; and said company shall have 
power to buy, build and own machinery, boats, houses and 
other fixtures for carrying on their said business ; and may 
sell and convey their real and personal property, or lease the 
same or exchange the same for other real and personal 
property ; and may receive real estate and personal prop- 
erty in payment of stock ; and shall have power to make 
and open such wagon ways and railways and appurtenances 
thereto, either above or below ground, to such points as 
they may deem expedient ; and to draw, indorse and accept 
bills of exchange, promissory notes or bonds in the prose- 
cution of their business. 

§ 3. The capital stock of said company shall not exceed capUai stock. 
five hundred thousand dollars, and shall be divided into 
shares of fifty dollars each ; and the owner of stock in said 
company shall, by himself or by proxy, be entitled to cast 
one vote for each share at all elections held by said com- 
pany for president and directors after the organization 
thereof, as hereafter provided. 

§ 4. The corportors named in the fii*st section of this <^pe° ^°°^*- 
act, or a majority of them, or of the survivors, incase any 
should die, are hereby authorized to open books of sub- 
scription to the capital stock of said company at such places 
and times as they shall deem most appropriate; and as 
soon as the sum of five thousand dollars shall be sub- 
scribed, and forty per cent, paid in, the subscribers to said 
stock may elect a president and not less than three direc- officers, 
tors, to manage and transact the business and affairs of said 
company ; at which election each subscriber, either in per- 



90 MIXING C^'MPANIES. 

son or by proxy, may cast one vore for each share so sub- 
scribed. 

Organization. ^ 5^ AVlicn tlic Said SFitu of livc tliousaiid doliai's shall 

have been snbscribed to the capital stock of said compa- 
ny, and forty per cent, paid in, tlie said corporators, or a 
majority of them, shall forthwitli give notice, by pnblica- 
tion in some newspaper published in tlie city of Joliet or 
village of Wilmington, to the subscribers to said capital 
stock to meet at such time and place as they may in said 
notice designate, to organize said company, as provided in 
section four of this act. And the said president and direc- 
tors, when elected, shall have power to appoint a secretaiy, 
treasurer, as they may deem necessary, and shall detine 
their duties and powers, and make such bydaws, rules and 
regulations as they may deem necessary for the govern- 
ment ind management of the business afi'airs of said com- 
pan}' and its officers and agents, not inconsistent or re- 
pugnant to the constitution of the state of Illinois and of 

Annual election, the United States. An election shall be held anniiallj^ for 
president a;id directors of said company at the office of said 
company upon such notice as the president and directors may 
prescribe. The office of said company shall be at Wilmington, 

Certificate of § 0. The prcsidcut and directors shall issue certihcales 
of stock to the owners thereof, which shall be signed by the 
president and countersigned b_y tlie secretary, whenever the 
same shall be fully paid for ; which certificates shall be reg- 
istered in a book kept for that purpose. Said certificates 
shall be transferable and assignable in such manner as the 
president and directors shall by their bydaws prescribe. 

Borrow raoney. g 7. Jt shall bc lawful for the president and directors to 
borrow money, not exceeding the amount of stock actually 
paid in, on such terms and conditions as they may deem ex- 
pedient, and to issue bonds for the same, secured by mort- 
gage on the real and personal prtjperty of said company or 
otherwise. 

Stock payments. g g_ jj- g]^.^|| ]^q la(vful for the ju'esident and directors to 
require payment of the sums subscribed to the capital stock 
at such times, in such proportions and on such conditions as 
they shall determine, under the penalty of ibrfeiting all 
previous payments thereon, and shall give notice of the pay- 
ments thus required, and of the place and time when and 
where the same are to be made, and the amount required, 
at least sixty days previous to the payment of the same, in 
some newspaper published in the city of Joliet or the village of 
Wilmington; and if any subscriber to the stock of said com- 
pany shall fail to meet any sucli call within the time pre- 
scribed by the president and directors, he. she or they shall 
not be entitled to vote for president and directors at any an- 
nual election unless otherwise ordered by the president and 

Line of road, dircctors of Said company. 

§ U. The said company shall have power to build and 
construct a railroad from any lands they may own or may 



MONUMENT ASSOCIATION. 91 

be interested in, townships thirty-three and thirty-two north, 
range nine (9) east of the third principal meridian, to a 
point on the wes^t bank of the Kankakee river, and to points 
on the hne of the St. Louis and Chicago railroad, for the 
purpose of forming connections with said last mentioned 
railroad. 

§ 10 The right of way for said railroad, to be construct- Right of way. 
ed under the provisions of this act, as also for depots, landings t^ 

on the Kankakee river, may be obtained and held by said 
company either by purchase, gift or grant, or it ma}^ con- 
demn the lands over which said railroad may be laid out, for 
the purposes of this section designated in the manner pre- 
scribed by an act to amend the laws condemning the right 
of w\ay ibr purposes of internal improvement, approved 
June 22, 1S52. 

Appkoved February 16, 1865. 



AN ACT to incorporate the Lovejoy Monurnent Association. In force Feb. 15, 

18G.5. 

Section 1, Be it enacted l>y the People of the ^tate of 
Illinois, represented in the General Assembly, That John H. 
Bryant, Princeton, Illinois; John A. Andrew, Boston ; corporators. 
John Wood, Quincy, Illinois ; William C. Bryant, JNTew 
York City ; Francis Gillette, Hartford, Connecticut ; Jesse 
W. Fell, Bloomington, Illinois; Lewis Tappan, Brooklj^n, 
New York; Wait' Talcott, Rockford, Illinois; Philo Car- 
penter, Chicago, Illinois; II. L. Hammond, Chicago, Illi- 
nois; A. McFarland, Jacksonville, Illinois; James M. Al- 
lan, Geneseo, Illinois ; D. L. Hough, LaSalle, Illinois ; 
Mark M. Aiken, Beoria, Illinois; C. S. Colton, Galesburg, 
Illinois; AV^. Durley, Hennepin, Illinois; Samuel Wolcott, 
Cleveland, Ohio ; C. 1). Colton, Princeton, Illinois ; James 
H. Smith, Princeton, Illinois ; Flavel Bascom, Princeton, 
Ilhnois ; S. B. French, Maiden, Illinois, and their success- 
ors, be and are hereby created a corporate body, under the 
name and style of "The Lovejoy Monument Association;" Name and style. 
and by that name may sue and be sued, shall have a seal, 
and exercise all the powers necessary to carry out and eifect 
the purposes of this act. 

§ 2. The said corporators shall constitute the first board Trustees. 
of trustees of the Lovejoy Monument Association ; and 
their division into three equal sections, (each section to re- 
tire alternately every year,) heretofore made by the prelimi- 
nary organization of s-.ud association, is hereby ratified and 
confirmed ; and all vacancies in the board, made by such 
retirement, resignation, disability, death or otherwise, shall 
be filled by the remaining members of said board. 



92 MONUMENT ASSOCIATION. 

Members. ^ 3. All pGi'Sons Contributing not less than tlie sura of 

one dollar to its object, shall be considered members of the 
association, and be eiititled to a diploma or certificate of 
membership. 

Object. ^ 4-. The said corporation is created for the purpose of 

erecting a suitable monument, in honor of the late Owen 
Lovejov, to be placed over his remains in Oakland Oeme- 
♦ tery, or in the village of Princeton, Bureau count_y ; and 

shall have power to select and decide upon a plan for said 
monument, to adopt plans for raising and collecting coutri- 
butioiis in aid of its construction and completion, and to 
Contract for the construction of the proposed monument. 

*^3^<^*^^"-- § 5. The said bc^ard of trustees may organize, by the 

election of a president, vice-president, secretary, (who may 
be outside their body,) treasurer, and also an executive 
committee, together with such other officers or agents as 
they may deem prooer ; and they nuiy make and establish 
such rules and regulations, relating to its meetings and or- 
ganization, the duties of its ofhlcers and agents, and the 
transaction of its business, as, in their judgment, shall be 
thought best. 

Hold real ejtate. ^ \;_ Tlic Said corporatiou shall have power to hold such 
real estate, whether acquired by purchase, gift or devise, as 
may be necessai-y tor the purpose of effecting the purposes 
hereinbefore mentioned, and also have power to take, re- 
ceive or hold real estate or personal effects, that may be 
granted, devised, bequeathed or donated to said corporation, 
and to sell and convey the same, for the purpose of aiding 
the erection and care of said monument, or improving the 
grounds belongiiig thereto. 

^'"P°'''- )$ 7. The board of trustees shall publisli a full account 

of their pi'oceedings, and of tlieir receipts and expenditures 
in beluilf of said monument, duly certified, as often as once 
in each year, for the intbrnuition of the members of the 
association and the puldic. 

Aci3 confirmed. _:< s. Tlio proceedings and organization of the Lovejoy 
Monument Association, had under articles of association, 
adopted on the first day of June, a.d. 1S«U, are lierel»y con- 
firmed, and shall be treated with like effect as if made by 
the Corporation now created by this act. 

,^ *.). This act shall take effect and be in force from and 
after its passage. 

Ai'i'iiuvED February 15, 18G5. 



NAMES CHANGED, ETC. 93 

AN ACT to make George Washington Andrews heir-at-law of Edward A. In force Feb. 16, 

Andrews. ^^*^"- 

AYhereas Edward A. Andrews, of the city of Peoria, found Preamble. 
at his door an infant but a few hours old, deserted b}^ its 
mother; and whereas the said Edward A. Andrews took 
said infant into his house, nurtured and cared for it, in 
the same manner as if it was his own child, and named 
it Greorge Washington Andrews; now, therefore, 
Section 1. Be it niactcd hy the Peojjle of the State of 
Illinois^ represented in the General Assembly^ That the 
said George Washington Andrews is hereby declared to be Declared heir, 
the lawfu' heir of the said Edward A. Andrews, to all intents 
and purposes, the same as if he had been the natural child 
of the said Edward A. Andrews, born in lawful wedlock; 
and it is hereby further enacted, that the said Edward A. 
Andrews shall have the sole control and custody of the 
said George Washington Andrews, to the exclusion of all 
other persons, in the same manner as if he were the natural 
father and parent of him, the said George Wasliington 
Andrews. 

§ 2. This act shall be in force from and after its passage. 
Approved February 16, 1865. 



AN ACT to change the name of Clara Cook to Clara Gavitt, and make her In force Jan. IS, 
the heir-at law of Sidnc)- Gavitt. 1^^^- 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
name of Clara Cook, an infant, residing with Sidney Gav- J^'ame changed, 
itt, in McHenry county, be and it hereby is changed to 
Clara Gavitt, by which last-mentioned name she shall here- 
after be known and called. 

§ 2. That, in order to establish the relation, in law, of ^<=''"o^'«<^g- , 

TiiGnt filed 3I1Q 

parent and child, between the said Sidney Gavitt and the recorded. 
said Clara, it shall be lawful for him to file and cause to be 
recorded in the recorder's office of said McHenry county an 
acknowledgment, as follows, viz: ''I, Sidney Gavitt, of 
the county of McHenry, and state of Illinois, do hereby 
declare and acknowledge Clara, infant daughter of Captain 
E. J. Cook, late of Co. D., 95th liegiment Illinois Volun- 
teers, to be and continue in the same relation in law to me, 
during my life, as though she had been born my own legiti- 
mate child, and at my death to be my heir-at-law ; " which 
acknowledgment shall be attested by two witnesses ; and 
upon the tiling and recording of which acknowledgment, as 
aforesaid, and ever afterward, the said Clara shall be 
deemed, in all relations in law, the legitimate child of the 



94 NAMES ciiangi:d, etc. 

said Sidney Giivitt, nnd, at Ins death, slmll hold and possess 
the ^niue ri^'lits of inheritance and distribution, as heir and 
distributee of his estate, as if she had been born his child 
i]i lawful wedlock. 

§ 3. This act shall be in force from and after its pas- 
sage. 

ArmovEL) JanuaiT IS, 1SG5. 



In force Fei>. 16, AX ACT to vhaurre the namo of Williaiii UoMon to that of Alvan W. Gil- 



ISCw. 



bert, and to maki' him the k'gal lieir of Alvan Gilbert. 



Section 1. JJe it enacted hj the Peojyle of the State of 

Illinois^ represented in the General Assembly^ That the 

Name chan-ed. uatuo of "William Holden be and the same is hereby changed 

to that of Alvan W. Gilbert. 
DLciared iicir. g o. That tlic Said Alvau W. Gilbert is hereby declared 
and made the legal heir-at-law of Alyan Gilbert, of the 
town of liossyille, county of Yermiiion, and state of Illi- 
nois. 

§ 3. That this act shall take ett'ect and be in force from 
and after its passage. 

Appkoved February If!, 1S65. 



In force Feb. IG, AX ACT to change the name of Sarah E. Keplin to Sarah E. Cameron, and 
'''^■'' to make her heir-at-law of James Cameron. 

Sectkjn 1. Ue it enacted ly the reoplc of the State of 
Illinois^ rcj)! esentcd in the General Asse^nUy^ That the 
Name changed. n;in)e ot Sarah E. Ke]>lin be changed to Sarah E. Cameron. 
Declared heir. ^ 2. That the Said Sarah E. Cameron shall and is hereby 

declared to be heir-atdaw of James Cameron, and entitled 
to all the rights that would belong or pertain to her, were 
slie the daughter of said James (Cameron. 

g 3. This act shall lake eifect and be in force from and 
after its passage. 

Aj'J'kovkd February IG, 1SC5. 



NAIVIES CHANGED, ETC. 9o 

AN' ACT to change the name of Alta Z. Orr to that of Alta Z. Adams, and In force Feb. 10, 
to adopt and thereby constitute Alta Z. Adams, George Adams and John ^^*^^- 

Q. Adams the lawful heirs of George Adams and Margery Ann Adams, his 
wife. 

"Whereas Alta Z. Orr, a minor orphan child, has been re- Preamble, 
sidincr with George Adams, and Margery Ann Adams, his 
wife, residents of the city of Quincy, and state of Illinois, 
for the past twelve years, and has been supported and edu- 
cated by the said George Adams and wife, as their own 
child ; and whereas the said George Adams and wife desire 
to adopt said Alta Z. Orr as one of their legal heirs and 
representatives, and that, for this purpose, her name may 
be changed from Alta Z. Orr to Alta Z. Adams ; and 
whereas George Adams, a minor child of Charles Adams, 
deceased, an orphan of nine years of age, has been resid- 
ing with and supported by the said George Adams and 
wife for the past four years, and the said George Adams 
and wife desire to adopt the said orphan, Georoje Adams, 
as their own child ; and whereas the said George Adams 
and wife desire to constitute John Q. Adams, son of 
George Adams by his first wife, the lawful heir and 
representative of Margery Ann Adams; therefore, 
Section i. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That the 
name of Alta Z. Orr, of the city of Quincy, Adams county, ^'^-^^ changed. 
Illinois, who has heretofore resided with George Adams, 
and Margery Ann Adams, his wife, of said city and county, 
be and the same is hereby changed to Alta Z. Adams, and 
by the said name of Alta Z. Adams she shall forever be 
known and called. 

§ 2. That the said Alta Z. Adams, jointly with George Declared heir. 
Adams, son of Charles Adams, deceased, and John Q. 
Adams, sou of George Adams by his first wife, shall be and 
the same are hereby made and constituted legal heirs of 
said George Adams, and Margery Ann Adams, his wife, 
with full power and authority to take, hold and enjoy and 
transmit any and all property, both real and personal, that 
shall or may descend to them from George Adams and 
Margery Ann Adams, in the same manner as if they had 
been the legitimate children of the said George Adams and 
Margery Ann Adams, born in lawful wedlock. 

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

Approyed February 16, 1865. 



96 NAMES CHANGED, ETC. — XAVIGATIOX COMPANIES. 

In force Feb. 16, AX ACT to change tilt? naino of Jane Thompson Singleton to iJinnio .Jane 
lj>05. ' Van Yeghten, and make her the heir-at-law of Thomas S. Van Veghten. 

Section ^ . Be it enacted hy the People of the State of 

Illinois, represented in the General Assembly, That the name 

Name changed, of JaiK' Thoiiipson SiiigletOD bc changed to that of Minnie 

Jane Yan Yeghten. 
Declared heir. § 2. That the saicl Minnie Jane Yan Yeghten shall be 
and slie is hereby declared to be entitled to all the rights 
that n'onld belong or pertain to her were she the daughter 
of the said Thomas S. A^an Yeghten. 

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

Appkovei) Febrnarv IG, 1S65. 



In force Feb. ic, AX A''T to 'jhange the name of Caroline A. Smith to Caroline A. Gorman, 
l^*'^- and make her heir at law of Thonia? G. Gorman and Caroline A. Gor- 

man his wife. 

Section 1. JBe it enaeted l>y the People of th.e State of 
Illinois, represented in tht^ General AssenMy, That the name 
xame changed, of Caroline A. Smith, of Sangamon county and state of 
Illinois, be changed to Caroline A. Gorman, and she is 
hereby declared to be the heir at law of Thomas G. Gor- 
man and Caroline A. Gorman his wife, to all intents and 
purposes, the same as if she were the natural daughter of 
said Tliomas G. Gorman and Caroline A. Gorman. 

^ 2. This act shall take effect and be in force from and 
after its passage. 

Approved Tebruar}^ 10, 1S65. 



I)ecku'e<3 heir. 



In force Feb. 16 -^-X ACT supph^mentary to an act entitled " An act to incorporate the Kan- 
1SC5. ' kaktL- and Iro([Uois Navigation and Manufacturing Company," approved 
Febrnarv l.j, isi^, since changed by act of 18.39 to the name of the Kanka- 
kee Company. 

SECTirtN 1. Jjc it enacted hy the People of the State of 
Illinois, represented in the General Asse7nhly, That the said 
Increase capital. Kaiikakcc companv, the lietter to enable them to carry into 
effect the ])ur])Oses of the act to which this act is su]:)ple- 
mentary, may, at their option, increase their capital stock 
to such an amount as may be required to cover the cost of 
constructing all the works authorized by their charter and 
by the acts amendatory thereof and supplementary thereto. 



NAVIGATION COMPANIES. 07 

§ 2. That said company be and they hereby are author- son-ow money, 
ized, from time to time, to borrow money in sneh amounts, 
sum or sums as may be necessary for carrying into efiect 
the purposes of their said charter, and its amendatory enact- 
ments, and to issue and dispose of their bonds in denomina- 
tions of not less than one hundred dollars each, bearing a 
rate of interest not exceeding eight per centum per annum, 
for any aniount so borrowed, and to mortgage the corporate 
pr(,)perty and franchise, or convey the same by deed of trust 
to secure the payment of any debt so contracted ; and the 
directors of said company ma_y confer on any bondholder 
the right to convert the principal due or owing on any bond 
so issued into stock of said company, at any time, not 
exceeding ten years, from the date thereof, under such regu- 
lations as said directors may see iit to adopt; and all sales saies of landa. 
of such bonds shall be as good, valid and bindmg upon said ^ .. ^..^^ 
corporation it made at less than their par value as if made 
for the full amount thereof. 

§ 3. Said compan}'- shall not impair the water power at water power. 
Kankakee City, nor be permitted to condemn the same in 
the construction of their work, or in the use of said river, 
and if it shall become necesary for said company to condemn 
and use the mill property at Altorf, Aroma or Momcnce, or 
either of said places, said company shall pay to the owners Payment for mm 
thereof once and a half the then valuation of said mill pro- p'"°p®*'*-^'- 
perty to be paid to the owners thereof, which property shall, 
after the payment of said condemnation money, belong to 
said company, the same as though purchased b}^ them. 

§ 4:. That whenever the bill now pending before the improvement of 
congress of the United States for converting the Illinois and ^'^"''^''®^ '■"^*' 
Michigan canal into a ship canal, or any other similar act 
shall become a law, it shall be the privilege of the Kankakee 
Company, and they are hereb}^ authorized and empowered /.■c-.io: 
upon the passage of said act, and at their option to improve 
either the Kankakee river or the Kankakee feeder from the 
state dam to their respective intersections with said ship 
canal, in the same way and manner that is provided in the 
act to v/hich this act is supplementary, for the improvement 
of said river above said dam ; and in case said congressional 
bill shall not be passed and become a law during the thirty- 
eighth congress now in session, then the trustees of the Illi- * ' 
nois and Michigan canal shall be and they are hereby 
empowered and authorized in behalf of the state and under 
and by virtue of the powers in them vested by their deed 
of trust to cause to be made the same depth of navigation 
in their said feeder as already exists in the main canal afore- 
said, and to establish and collect thereon the same rate of Rates of ton. 
tolls. 

§ 5. That the said Kankakee Company, their associates, Rights ^ and 
successors and assigns, shall hereafter have perpetual succes- ^"^' ^°^^' 
sion, and their rights of property shall in no way hereafter 



98 XAVIG-ATIOX COMPA^•IES. 

be abridged or impaired or aftected ])y any prior legislation, 
and they shall have tlie same right to lease the whole or 
any part of their properties that they now have by the 
'amendments uf 1859 to lease a portion thereof, and upon 
such condition and for such term or terms of time as the 
directors of said company shall frcim time to time see lit to 
make. 

Locks and slack ^ (3_ ;^.ii(;l c<">mpany shall lo k and slack water said Kan- 
kakee river from Kankakee City to the east line of the 
state of Illinois, within eight years from the passage of this 
act, with works sufficient to pass canal boats of the size of 
line boats on the Illinois and Michigan canal. 

Depth of water. < ,>-_ rj.^^^^^ the dcpth of watcrin said company's navigation 
shall n(:>t be less than fuur and one-half feet, and reserving 
to the legislature tlie right at all times to regulate the tuUs. 

Ac:s repealed. >^ 8. That all acts or parts of acts, all sections or parts 
of sections inconsistonr with the jv-nvisions of this act are 
hereby repealed. This act shall take elfect and be in force 
from and after its passage, and after the same shall have 
been accepte*! by a V(jte nf said company at a meetin:^ duly 
called for that purpose and not otherwise. 
Afpp.oved February 16. 1865. 



In force Feb. 16, AX ACT to incorporate the Sterling Navigation Company, and for the iiu- 
■^^'-''^* proveraent of a part of Rocl-c River. 

Section 1. Be it enacted hy the PeojAe of the State of 
Illinois, represented in the Gene7 al Assembly . That Fitzallen 

Corporators. B. WilHams, B. ElUott Orton. Mathew Orton, f lavel Simon- 
son, H. AV. Shepard, Frederick Simonson. jr.. and Edward 
B. Warren, of tlie county of Whiteside, and George Allen, 
of the county of Eock Island. <ir sucli of them, or such 
other persons as may choo-e to associate with them by sub- 
scribing: to the stock of a company as hereinafter authorized, 
are hereby created a b(>dy corporate and politic, by. the 

Name and style, i^amc of the ''Sterling >iavigation Company."' and by that 
name shall have j^erpetual succesnon, and be capable of 

Powers. contracting and being contracted with, of suing and being 

sued, of acquiring, either by purchase or under the pro- 
visions of this act. as hereinafter authorized, and of holding 
real estate and personal property, for the purposes contem- 
p^lated and authorized l)v this act. or in discharge of debts 
due the said corporation, and of using and disposing of the 
same ; may have a cr»mm(>n seal, Avhich they may alter at 
pleasure, and may make all needful by-laws fur the govern- 
ment of the company, its officers, and the management of 
its affairs, and alter the same at pleasure ; may appoint or 



NAVIGATION COMPANIES. . 99 

provide for the election of such officers and agents as may be 
deemed necessary, and prescribe the duties and liabilities of 
all the officers of said company, subject to the provisions of 
this act. 

§ 2. Said company are hereby authorized to improve improve of Rock 
the navigation of said Rock river from the city of Sterlino-^ "^^'■• 
in Whiteside county, to a point on said river opposite the 
place known as the Cleveland Coal Beds, in the county of 
Rock Island, so as to admit of the esLSj passage of steamboats 
drawing not to exceed two feet at ail ordinary stages of 
water, by the construction of dams, locks, or canals, by i>ams and locka. 
deepening the bed of said river, or by taking therefrom 
drift wood, snags, loose rock, or other obstructions to the 
safe navigation thereof, and also by removing from the 
banks and elbows or bends in said river, the leaning or stand- 
ing trees or other substances which hinder ov obstruct the 
navigation of said river. It sliall also be lawful for said steamboats and 
company to build or purchase and own steamboats, barges, ^'''■^^^• 
and other water craft, adapted to the navigation of said 
river, and to engage in the general business of transporta- 
tion with the same. 

§ 3. The capital stock of said company shall be one capital stock, 
hundred thousand dollars, which shall be divided into shares 
of one hundred dollars each, and may be increased by the 
directors of said company to any sum not exceeding five 
hundred thousand dollars, if they shall deem the "same 
necessary to eftect the purposes of this corporation, as here- 
inafter set forth, and the same shall be subscribed for, taken, 
and paid under the direction of the board of directors of 
said company, at such times and places, and in such man- 
ner, as the said board of directors shall, from time to time, 
appoint and direct : Provided^ that no assessment or install- 
ment upon said capital stock shall be deemed to be due and 
payable until notice of the time when, and the place where, 
the same is to be paid, shall have been personallj^ served 
upon the stockholders respectively, or until notice thereof 
shall have been published by at least three insertions in 
one newspaper published in each of the counties of White- 
side and Rock Island ; the first insertion being twenty days • ' 
before the day on which the same shall be required to be 
paid, and no member of, or stockholder in, said company 
shall, in any event, be personally or individually liable to 
said company, or to any creditor thereof, for any other or 
greater sum than the amount of unpaid capital stock owned 
or held by him ; and the said capital stock and the shares 
thereof shall be held and considered as personal property. 

i^ i. The persons named in the first section hereof are Directors 
hereby appointed provisional directors of said company, and 
the said directors, or a majority of them, shall meet in the 
city of Sterling on the first Monday of April next after the 
passage of this act, and proceed to organize by the election 



Cau3 on stock. 



100 NATIGATIOX CO]SrPANIES, 

of one of their iiiiinber as president, to preside at the meet- 
ings of the board, and they may also appoint such other 
officers as may be deemed necessary. 

Books opened. § ?• Tlic board of directors shall causcbooks to bc opcncd 
for the subscription of stock at such times and phices as shall 
be|deemed expedient, and so soon as one thousand shares of 
stock of one hundred dollars each, shall be subscribed, and 
ten dollars paid in cash on each share, the board of direc- 

siections. tors shall order an election of directors by said stockholders, 

giving ten days' notice of the time and place of such elec- 
tion, at which election live persons shall be elected in lieu of 
those appointed by this act, and a similar election shall be 
held on the first Monday in the mouth of March, amiually, 
thereafter, and the directors so elected shall organize as pre- 
scribed in section four of this act. 

Vacancies. § 6. AuY vacaucy whicli may occur in the board of 

directors, either by death, resignation or otherwise, may be 
filled by appointment by the Ijoard until the next election, 
and a majority shall constitute a cjuorum to transact 
business ; and in all elections for directors, or other pur- 
poses, each share of stock shall constitute a vote, which may 
be given b_y the holder of such stock in person or by proxy. 
^ 7. The directors shall have power to determine the 
times, manner and pro])ortions in which the subscribers 
shall pay the money due on their stock, and otherwise to 
direct the business of the conipany, subject to the provisions 
of this act and by-laws made in pursuance thereof. 

Certificate of § §• The dircctors shall procure certificates of stock to 
stock. \)Q signed by the president, and countersigned by the secre- 

tary, and shall deliver one to each stockholder. The stock 
may be transferred by assignment, to be entered on the 
books of tlie company, by the owner of such stock assigned, 
or his attorney, duly appointed, and accom^^anied by a sur- 
render of the certilicates, on which other certificates shall be 

Proviso. issued accordingly : Provided, that stock which has not been 

paid up in full shall not be assigned without the consent of 
the directors, entered on their minutes. 
, , 5 9. In case of the assio-nment of any stock before the 

Agsignment of 3 ^ J ... 

stock, same shall have been paid up according to the requisitions ot 

the directors, the assignee shall become and be liable for ail 
sums due on the stock assigned, and as such, may be sued 
on the original subscription, as if he had originally sub- 
scribed such assigned stock. 

§ 10. It shall and mav be lawful for said comitanv, bv 

leges. their agents and servants, to enter (>n tiie said Kock river, 

and on the land on either side, to hold and use the same, so 
far as necessary for the objects herein provided for, and to 
use the timbers, rocks, stone, gravel, or earth which maybe 
found thereon, in the construction of their works ; and to 
form, erect, make, or set up any dams, locks, or other devivse 
whatever, Ity said company deemed most proper to improve 



NAVIGATION COMPANIES. 101 

tlie navigation of said Rock river, and most to subserve its 
commerce, whether the same be by shxck water or otherwise, 
from the city of Sterling, in the county of Whiteside, and 
state of Illinois, to a point on said river known as the Cleve- 
land Coal Beds, in the county of Rock Island : Provided, ProviBo. 
that said company shall pay to the owners of lands occupied 
by them as aforesaid, or from which materials may be taken 
as aforesaid, the value of the lands so occupied, or of the 
materials so taken, or the damage done, and provided that 
the said value shall be ascertained, or said damages assessed 
and compensation made, in manner hereinafter provided. 

§ 11. The said company shall have the privilege of, and be Right to use wa- 
entitled to, the use of the water power from the said river, ^''" 
created by any dam, lock, canal, or other works of said com- 
pany, and may sell in fee, lease, or rent for one or more 
years, the said water power on such terms as shall be most 
advantageous to the corporation : Provided, the use of the proviso, 
said water power shall not impede the navigation of said 
river, and that the money arising from said water power 
shall be applied to the benefit of the company ; and if at 
any dam, lock, or other point on the said river there shall 
be surplus water applicable to hydraulic purposes, and when 
the interests of the company and public convenience shall 
require the application of such water to machinery, it shall 
be the duty of the company to propose to purchase from the 
owner or owners of such parcels of the adjoining lands as 
may be necessary for the use of such water power ; and if 
said company and the owner or owners of such land shall be 
unable to agree upon the quantity of land to be taken by 
said company, or the price to be paid therefor, the said com- 
pany may enforce the right to appropriate, use and occupy 
such portions of the said adjoining land as may be necessary '■ ■' 

for the use of such water power, by bill or petition in the 
circuit court, sitting as a court of chancery, as provided in 
the twelfth section of this act : Provided, the court shall proviso, 
estimate the value of said land, independent of any addi- 
tional value given it by the works of said company, or by 
reason of its convenience to the use of such water power, 
and also without estimating any benefits which the owner 
may acquire to other propert}^ by reason of said works. 

§ 12. When it shall be deemed necessary by the said May take private 
company, for the purposes set forth in this act, to use, occu- p^'^p^"^*^- 
py, or affect any lands, lots, or water privilege of any other 
person or persons, it shall be lawful for said company to ap- 
propriate, use, occupy, or affect the same, on payment of a 
just compensation to the owner or owners thereof; and 
should said company be unable to agree with such owner or 
owners in that behalf, it shall be lawful for said company to 
enforce this right by a suit in chancery, and the circuit 
court, as a court of chancery, shall have full jurisdiction in 
the premises, and (by the appointment of commissioners, or 



102 NAVIGATION COMPANIES. 

otlior\Yiso,) 9-\m]\ set aj^art such lands as may appear to be 
iiece?>:irv for said conipaii} to use, occupy, or affect, as afore- 
said, and ascertain (by tlie appointment of appraisers, or 
otherwise.) what amount should be paid to such owner or 
owners, and, by a linal decree, shall settle and lix the terms 
and conditions on which the said compan}- shall be permit- 
ted to use, occupy or affect any such parcel or parcels of 

Rules of practice i^nd or Water privilege, and enforce the same. Such court 
may establish such rules of practice for cases arising under 
this act, as ma}" seem just. For the purposes of proceeding 
under this act. the courts of chancery shall be deemed 
always open, and such court may lix, by order, the return 
day of any summons in such cases. The issues shall be 
summarily formed, the proofs taken with all reasonable 
dis]!atch, under the direction of the court, and the matter 

Proviso. determined as soon as ma}^ be : Provided^ that the pi'ovis- 

ions of sections eleven and twelve, so far as they pertain to 
water power, and the lands adjoining, shall not apply to any 
part of Rock river, or the lands adjoining west of range 
six, in the county of AVhIteside, except so far as to permit 
the company to erect tlie necessary dams and locks, for the 
improvement of the navigation of the river. 

Bates cf toll. -^ l^'- It shall be lawful for the said Sterling jSTavigation 

Company, fron:i time to time, to tix and regulate uniform 
rates of tolls on all boats or water craft that may pass the 
im])rovements made l:»y said company, and the amount to 
be charged as tolls at each lock, dam. canal or other im- 
pi'ovement on the diiferent boats or water craft, aforesaid : 

pi-oriso. Provided, that said dam or dams, lock or locks, be kept in 

good repair, and that the same be suitably tended, so as not 
to detain, unnecessarily, any bor.t or craft in passing through 

pi-oviso 2. the same: And^ iirovided^ further^ that the tolls shall be so 
graduated as not to enable the stockholders to realize 1 here- 
from more than fifteen per cent, per annum on the amount 
expended in im])roving said river, and in permanent fixtures 
for the benefit of the lavigation. thereof 

coii'-ction of § ii- It shall l»e lawful for the said company to enforce 
^•^■"-'- the collection of all tolls on the different boats or water 

craft ]iassing through or over any of the improvements 
made by said com])any, by suit in any of the said counties 
of Whiteside and Rock Island, having jurisdiction of the 
amrniiit in controversy, and such suit may be by attach- 
ment, under the ])rovisions of chapter ten, of the Revised 
Statutes, entitled Attachments of boats and vessels, and the 
act or acts amendatory thereof. 

Time of improve- § f •">• To ciiable t'ho Stockholders of this company to be- 
ments. como fully aud com])]etely entitled to all the l)enefits and 

provisions of this act, they shall, within the period of five 
years from and after the passage of this act, so far improve 
and overcome tlie obstructions to the navigation of Rock 
river, from a point in said river opposite a place known as 



PARKS. 103 

the Cleveland Coal Beds, in the county ot* Kock Island, to 
the citj of Sterling, in the county of Whiteside, either by 
dams, locks, canals or other means, as to afford a complete 
passage, at all ordinary stages of water, to all steamboats or 
other water craft drawing less than two feet ; and durina* 
the progress of these improvements, no construction of this 
act shall debar said company from all the benetits which 
ma}'^ arise therefrom ; and in case said improvements, as 
above specified, shall lay out of repair at any one time, mak- 
ing due allowance for extraordinary accidents, for the period 
of three months, then all rights herein grauted shall be- •' 

come forfeited. 

§ 16. The state of Illinois hereby reserves to itself the state may take 
right to resume the control of the improvements on the "^°"*'"^<^'- 
above described portion of said river, together Vvith all the 
privileges thereunto belonging, at any time after the expi- 
ration of twenty 3'ears from and after the passage of this 
act, on the following conditions, to-wit : By paying to the 
stockholders of said company the cost of the same, with in- 
terest at six per cent, per annum from the completion of the 
said improvements. 

§ IT. The said Sterling Navigation Company is hereby Borrow money. 
authorized to borrow, for the purposes of this act, any sum 
or sums of money not exceeding fifty thousand dollars in 
all, on a credit not exceeding thirty years, and at an^^ rate 
of interest, payable annually, not exceeding ten per cent. 
j)er annum, and to execute and issue bonds for that pur- 
pose, which shall not be sold or hypothecated by said com- 
pany at less than par. 

§ 18. ISIo provisions in this act shall be st) construed as Brid<res and 
to prevent or interfere, in any manner, with the construe- draws. 
tion of bridges without draws, at such points as they may be 
required, and authorized for public travel and railroad pur- 
poses ; nor shall the said company interfere or obstruct the 
operating of any ferry now established, or that may be here- 
after established by the board of supervisors of Whiteside 
oriiock Island counties. 

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

Approved February 16, 1865. 



AN" ACT to provide for the location, improvement and regulation of a la force Feb. 16, 
certain Park therein named. ^^^^• 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That Mark 
Skinner, Jacob Rehm, Ezra B. McCagg, Samuel H. Ker- 



llU PARK?. 

Names of com- foot aiicl William E. .Doirgett, be and aro hf-rel;j at.ipointed 

missioners. coinuii^'^ioii er^=, who -liuli 1)0 l:iio\ni 1)\' and iran.^act busi- 
ness under tlie style of "•The JSurth Park Coniniissioners." 

Acceptance of i^Vithin thirtv da'vs after the ■|)assaire of this act, the said 
coniuiissioners sliall notify tiie jud^-e ot the circuit court ot 
Cook county, Illinois, of tlieir jicceptance of their a])]!oint- 
ment hereunder ; but in case of the failure of any of the 
above named cominissloners so to notify the said judge, it 
shall be the duty of a mnjority of the cMnmissioners so ac- 
cepting, to nominate to said judge a suitable person to till 
the place of the person so failing 10 accept, and if such 
nomination shall be contirmed by said judge, such nominee 
shall be appointed in the ]'lace of each so failing, until tb.e 
full nund^er of tive shall have accepted such nomination and 

r.esi.ience of apDointmeut, In said board of commissioners there shall 
always be at least one of tliem a resident or the titwn:;h]p 
of Lake View, in said comity of Cook. Each nKunber, on 
accepting said aitpcintrnfut, shall take such form of oatii as 
said judge shall prescribe. 

officers. >^ -• Whenever there shall l>e three commissioners who 

sh.ad have accepted as afoi'esaid such appointn^^^nt, and 
shall have so qualitied themselves, they shall organize by 
selecting one of their number as their president, and shall 
clioose a secretary who is not to be a commissioner. Tiie 
said board of commissioners shall adopt a seal, and alter the 
same at pleasure; shall keep a true aiul complete lecord of 
all their proceedina-s and transactions, winch shall be o])en 

Tt^rm of office, ^t all tiiues for the inspection of the public. Wlien tliefull 
number of tive shall liave accepted ;as aforesaid, the said 
commissionersfiip, the members of said board shall decide by 
lot at a regular meetir;g, as to the respective terms for which 
each shall hold Iris ottice ; the 'uie 'Irav.dng the loiigest term 
sliall serve for tive years from the tirst day of July, one thou- 
sand eight hundred ami sixty-tive ; the one drawing the next 
sh;dl serve for four vears fn.im said dare; the one drawing 
the next shall serve for three years from said date; the one 
drawing the next shall serve for two years from said date, 
and the one drawing the next shall serve lor one year from 
said date. The said cr)nnnissioners shall receive no con.i- 

v;toMi.cy. pjensation for their services. All vacancies occurring in said 

board till the tirst day of July, one tliousand eight Imndred 
and s'-venty-tive, shall be tilled by ipersons nomin:ited to 
such places l)V a nuijority of the board then in ottice, and 
cordii-med in such nonnnation by the sai<l judge of the cir- 
cuit court. 

Annual election. ^ '■">• Tlie president and Secretary shall be elected annu- 
ally by said board at the tirst meeting thereof, held in Janu- 
ary of each year, and shall receive such salary for their servi- 
ces as the said board may determine, and shall, before enter- 
ing on the duti(.'s of their oftices, give bonds in such sums and 
with such sureties as said judge shall require. Three mem- 



PARKS. 105 

bers when present shall constitute a qnornm for the trans- 
action of business ; but no action shall be deemed linal un- 
less it shall receive the sanction of a majority of the said 
board, whose names shall bo recorded in the minutes of the 
meeting. 

§ 4. The said commissioners, on their organization, are Public parks. 
by this act authorized and empowered to select such land 
in the present township of Lake Yiew, in the county of 
Cook aforesaid, not exceeding in area six hundred and forty 
acres, as may, to them, seem lit and proper for the purposes 
of a public park, and by their name to take the title there- 
to, by purchase, gift, devise or condemnation, as hereinafter 
provided, to be held by them and their successors, in trust, « 

for the purposes of a pnblic park, for the health and recrea- 
tion of the people, and the advancement of the public good ; 
and it shall be the duty of said commissioners, when they Map of lands, 
shall have made such selection of land so to be taken and 
appropriated, to file for record in the office of the recorder 
of Cook county aforesaid, a map showing the said land with 
correct descriptions, by sections, townships and range, which 
said maj) shall, from the date of its filing, be notice to all 
concerned of such appropriations. 

§ 5. In case the said commissioners can not agree with Assessor's duties 
the owner or owners, lessees or occupants of any real estate 
selected by them as aforesaid, they may proceed in the 
manner hereinafter prescribed, to condemn the same. The 
said commissioners shall make application to the judge of 
said circuit court, who, upon such application, shall appoint 
three discreet and disinterested freeholders, one a resident 
of the said town of Lake A^iew, and two from the town of 
ISTorth Chicago, in said county, who shall be known as the 
North Park Assessors, who shall first take such oath in or- 
der to their due qualification as the said judge m^ay direct, 
and whose duty then it shall be, 

First. To make a full list and description of such lands List of lands. 
iii said township of Lake Yiew, as said north park commis- 
sioners may select as aforesaid, entering on said list, so far 
as known, the names of the owners of the respective pieces 
or parcels of land so selected, giving opposite each descrip- 
tion of said land ; which the said commissioners deem it best 
to condemn, the respective estimates made by said assessors 
of the value thereof, to be paid to the owners of the same. 

Second. To make a complete list of all lands and lots in Lands and lots. 
said towns of N^orth Chicago and Lake Yiew, by said asses- 
sors deemed benefitted by the location of said park, giving, 
as far as known, the names of the respective owners of the 
several lots or parcels of land so deemed benefitted, and the 
extent in dollars and cents of such benefit, the aggregate of 
such estimated benefits not to exceed the sum of seventy- 
five thousand dollars. 



IOC. 



TAEKS. 



mates. 



assessments. 



nients. 



Reports of esti- Third. To make the i-aul juclge separate reports of the 
two estimates lierinbefore coiitemphitevL I'he clerk of said 
c >nrt shall, witliin five days from tlie liliiig of such report, 
prepare and pnhlisii a notice, in at least two daily yjapers 
pul)li>heu in tlie city of (diicago, iV>r two weeks successive- 
ly, in which notice shall be set forth a list and description 
of tlie lands so proposed to be condemned and taken, and 
a u'eneral n(.)tice of the assessment for benehts, v;ith the 
names of the owners, so far as known, and as given by said 
assessors, and designating a time n.)t less than sixty days 
from the date (»f the fli'.-^t publication of said notice at wliich 
parties in interest will l)e heard by said court, touching the 
yalue of (himages Jind benefits. 

oi.jections^ to << G. Al 1 <_)! )jections to Said assessment of damages and 
beneliis, shall be tiled in vrriting before the da}" set for such 
heai'ing. The court shall hear .the evidence presented b}^ 
said north ].ai'k commissioners, as well as that offered by 
])ersons objecting to said assessment, and shall determine 
the same in a sup-inunw manner. It shall be lawful ibr the 
said couit to confirm, change or amend the said re|)ort of 
damages and beneiits, or any part thereof, or to refer the 
same or either of them, or any part thereof, back to the 
same or iiewly appointed assessors for revisal and correction, 
and tlie a^sessoi'S to whom the report or reports or parts 

r.evised assess- tliercof sluiU bc referred, shall revisi-, correct or make anew, 
and return the same to said court as hereinbefore provided 
for, and in like manner shall said court |)roceed until a final, 
and, to s;'iid court, satisfactory assessment shall be made 
touching rdl the lands to be condemned and appropriated by 
said north ])ark commissioners, or benefitted by the location 
and coiibtruction of said park. 

Abstract of title. $^- 7. It sluiil bc tlic duty (>f cvcry person claiming to be 
the ou'iier of land to be taken and a])propriated by said 
nortii ]>ark commissioners, to fr.rnish to said commissioners 
such an abstract of title to tlie same as shall be satisfactory 
to said commissioner;:^. 

Deposits of mo- s' 8. Wlioii, tV)r any reason, the said commissioners shall 
'^'^^" refuse or decline to decide as to the ownership of title to 

any (»f said lands to be taken and a])])ropriated, It mav be 
lawful f >r tbe said commissioners to deposit in lawful money 
of tli(; United States, in said court the amount assessed to 
1)0 ]);iid fir any piece or ]»arcel of land so to be taken; and 
sufii doijo-it sliall be deemed a good and valid ])a3'ment for 
such ]Mece or parcel of land, and shall absolutely vest in 
said north park commissioners the title; to said piece or par- 
cel of land so jiaidjbr; and the claimant for such money 
shall be required to make satisfactory ])roof to said court of 

Conveyance of ]iis or her wncrslii p of such funds; and in case of such de- 
p>osit, the judge of said court, and clei'k of the same, shall, 
in their official capacity, make and execute to the said north 
park commissioners, u conveyance of the piece or parcel of 



titif 



PARKS. 107 

land so paid for by such deposit. From the day on which the 
assessment for benefits hereinbefore contemplated, shall be 
confirtjied in whole or in part, by said court, the several 
amounts so assessed shall constitute a valid lien on the sev- 
eral lots, pieces or parcels of land on which such amounts are 
so assessed, and there shall be no appeal from the decision 
of said court touching the said estimate of damages. Assessments, 

§ 9. The clerk of said court shall issue to the county 
treasurer of Cook county aforesaid, a warrant for the collec- 
tion of the amounts so assessed, and all lots, pieces or par- 
cels of lands so assessed, and on which the amounts so as- 
sessed shall not be paid on or before the first day of Janu- 
ary, A. D., one thousand eight hundred and sixty-six, shall 
be advertised in a daily paper in the city of Chicago, for 
three successive days, and in not less than twenty days af- 
ter said advertisement shall first appear, but on a day named Lands and lots 

.11 , . , • 1 I , • 1 i' 1 1 sold for assess- 

in said advertisement, said lots, pieces or parcels ot land, or ments. 

so much of each as may be necessary to pay the assessment 
so respectively levied, shall be sold b,y said county treasur- 
er, at the north door of the. court house in said city of Chi- 
cago. 

§ 10. The county treasurer shall issue to the purchaser 
or purchasers, at such sale, certificates of sale as is customa- 
ry at other sales for taxes and assessments ; such certificates 
shall be signed by the said county treasurer, and counter- 
signed by the clerk of the county court of said county of 
Cook, and shall, in all respects, be like other tax sale cer- 
tificates, the basis of a title, unless redemption is made 
from such sale within two years from the day of sale, by a 
deposit of twice the amount of the money paid at said tax sale. 

§ 11. The said county clerk shall keep in his office a Record of tax 
record of said tax sale, like the records now kept, of ail ^^^^' 
sales made by the said treasurer, and shall receive redemp- 
tion moneys on such sales, and receive back, cancel and file 
away certificates of sales issued as above described, and 
cancel the record of such sales, 

§ 12. It shall be lawful for the said north park commis- \^^'^%eys!'°*'^' 
sioners to vacate and close up any and all public roads or 
highways which may pass through, divide or separate any 
lands selected and appropriated by them for the purposes 
of a park, and no such road shall ever be laid out through 
said park, except such as the said commissioners may lay 
out and construct. 

§ 13. It shall be lawful for the said commissioners to is- ^^^^l^g'/Jebonda 
sue bonds, payable twenty years from and after the first 
day of July, one thousand eight hundred and sixty-five, 
with coupons thereto attached, providing for interest there- 
on, payable semi-annually, on the first day of January and 
July in each and every year, at the rate of not more than 
ten per centum per annum, payable, principal and interest 
at such place as the said commissioners may, on the face of 



J'<^ 



PAKKt 



rark 



said bonds and coupons, designate. The said bonds, in the 
aggregate, shall not exceed the sum of one hundred and 
Hftj thousand dollars, and shall be numbered and registered 
and signed by the president and secretary of said board, 
rtgage Q;|-^g g.^jj uortli ])ark commissioners shall have the power to 
mortgage said park for the payment of the principal of the 
said bonds at maturity. 

Anraiaitax. g lj._ The Said commissioncr shall, OH the first day of 

October of each and every year, notify the clerk of the said 
count}^ court as to the amount, not in any one year to exceed 
the sum of fifty thousand dollars, which shall be a sessed on 
all real estate in the said towns of jN"orth Chicago and Lake 
^'iew l)v the assessors tor th.e state and count}" taxes, to be 
cctUected vrith the state and county taxes in the same man- 
ner and by the same process, and for the purposes of said 
park, to pay the interest on the bonds hereby authorized to 
be issued, and lor other purposes in the discretion of said 
commissioners. But the first moneys collected from such 
annual taxation, shall be applied to tlie payment of the in- 
terest due on said bonds, and tlie said coupons shall always 
be receivalde for park tax^s of the year in which such cou- 
pons are due. 

^^C^^ ''''''''' ^ l'^- The said county treasurer shall keep a separate 
account of the moneys collected for or on account of said 
commissioners, and shall pay all warrants < r checks drawn 
on him by the president and countersigned by the secretary 
of the said board, 

Governrjent of § If'-. The Said commissiouers shall have the exclusive 

''^^ ' powers to govern, manage and direct the said park; to lay 

out, in-iprove, ornament and regulate the same; to make 
such |;)olice and sanitary regulations, and pass such ordinan- 
ces regarding the government and control thereof, as may 
to them seem fit and proper; to employ such persons and 
pay such salaries in the premises, asthe}^ may deem proper. 

Mi^dfcmeaKoi-s. ;^t ]^7_ It shall be a misdemeanor for any of said commis- 
sioners, directl}" or indirectly, to he in any way interested, 
pecuniarily, in any contract or work of any kind whatsoever 
connected with said park ; and it sliall be the duty of any 
commissioner or other person who may have any knowledge 
or inf 'rmation of the violation of this provision, forthwith 
to report the same to the judge of the said circuit court of 
Cook county, who shall hear such commissioner in regard 
thereto, and if, after such hearing, he sh.all be satisfied of the 
truth thereof, the said judge shall inmiediately reniove the 
cornirussioner thus r»fiending. 

Annual ^tate- J? 18, Thc Said br/ard of commissioncrs shall, ou tlic first 
day of January in each year, make to the said judge a full 
exhil>it and statement of all recei[>tsand disbursements, and 
of all contracts made by them, and of all their transactions 
as such commissioners. The sai'l judge shall thereupon ap- 
point some competent person to audit said account and state- 



,'fjent. 



PLANK E0AD3. 109 

ment, who shall, after sucli auditing;, make such a report to 
said judge as he the said auditor sliall deem proper, and in re- 
ference to which said auditor's report, the said judge shall 
cause such action to be taken as he may deem rigiit. 

§ 19. All persons offending against the ordinances or otrenders, how 
regulations passed or established by the said commissioners p^"^*^^^*^- 
for the proper care, management or protection of said park, 
shall be deemed guilty of a misdemeanor, and be punished 
on conviction thereof, before the recorder of the city of Chi- 
cago, or any justice of the peace of Cook county, by a line 
not to exceed lifty dollars ; and in default of payment there- 
of, shall be imprisoned for a term not exceeding sixty days. 

§ 20. This act shall be a public act, and take effect and 
be in force from and after its passage. 

Approved February 16, 1865. 



AN ACT to incorporate the Galesburg and Henderson Plankroad Company. In force Feb. 16, 

1865. 

Section 1. Be it enacted by the People of the State 
of Illinois, represented in the General Assembly, That corporators. 
George I. Bergen, Edward Hasbrook, Milton L. Overstreet, 
andFauntleroy F. Frans, and their successors, are hereby cre- 
ated, shall be, and for the term of thirty years from and afrer 
the passage of this act, continue to be, a body corporate and 
politic, by the name of " The Galesburg and Henderson Name and style, 
Plankroad Company," and by that name shall have succes- 
sion for the term of years above specified ; may sue and be Powers, 
sued, complain and defend in any court of law or equity ; 
may make and use a common seal, and alter the same at 
pleasure : may make by-laws, rules and regulations for the 
management of its property, the regulation of its affairs, the 
appointment and number of its officers, and for the transfer 
of its stock, not being inconsistent with the laws of this state 
or of the United States ; and may appoint such subordinate officers and 
agents, oflicers and servants, as the business of said corpo- '^^'^"^^• 
ration may require, and allow them a suitable compensation; 
prescribe their duties and require bond for the faithful per- 
formance thereof, in such penal sums and with such sure- 
ties, as they may choose, who shall hold their ofiices durino; 
the pleasure of a majority of the directors of said corpo- 
ration. 

§ 3. The said corporation shall have the right to con- Piankroad. 
struct, and during its continuance to maintain and continue 
a plank road of such width as may be deemed advisable by 
the directors of said corporation, and upon the usual and 
best mode of constructing the same, and with such ap- ^ 

pendages as may be deemed necessary for the conven- 
ient use of the same, from the public square in the city 



110 PLANK EOADS. 

of Galesbnrg in the comity of iviiox and state of Illinois, 
west on Main street, to the corner of the iiichard H. Vv^hit- 
iug farm, thence north through the townships of Galesbiirg 
and Henderson to intersect the road known as the liock 
Island road, in said count}' of Ivnox. 

Capital stock. ^ 3. The Capital stock of said corp)oration shall be fifty 
thousan.d dollars, which shall be deemed personal ]jroperty 
and shall be divided into sliares of twenty-five dollars each. 

Books opened. § 4. Tlic Said |>ersons named as incorporators in tJiis bill, 
shall cause books to be opened for the subscription to the 
capital stock of said corporation, in such place or places as 
they n.niy think proper in said count}' aforesaid, and shall 
give notice by advertising in some public newspaper printed 
in said city of Galesburg and by posting advertisements in 
such place or places as they may think proper, of the times 
and places where books will be opened for receiving sub- 
scriptions to the capital stock of said corporation ; which 
notice shall be published for ten days previous to the time 

Subscriptions, appcantcd for the opening of such books. At the time set 
in said notice one or more of said incorporators shall attend 
at the place named in such notice, in the city of Galesburg 
or Henderson, to receive from all persons who will subscribe 
thereto, subscri|<tions to the capital stock of said corpora- 
tion. Said books shall be kept open at one or more places 
riained in said notice, until one week previous to the elec- 
tion of directors ; and after the election of said directors, 
the said directors shall keep the books open at the office of 
the company until the whole of the capital stock of said cor- 
])oration shall be subscribed for, when they shall be closed. 

Payments on Eacli subscribcr, at the time of his subscription, shall pay 
to the peroons named as incorporators, t_n p>er centum upon 
the whole amount of stock subscribed for by him, and the 
resixlue of such subscription shall be payalde by installments, 
as the same shall be required by the directors; but said di- 
rectors shall not require more than four installments to be 
Daid in on each share subscribed in anv one vear, and such 
installments shall not exceed ten per centum each upon the 
amount subscribed ; and it shall be the duty of the directors 
of said corporati<,)n^- to publish, in the city of Galesburg, at 
least ten days previous to the time when any installment is 
required to be paid, the amount to be paid on each share, 

Stock forfeite-i. ^,1)0 the tiuio aiid placc or places of payment. Any stock- 
holder who ^hall fail to pay any such installment upon the 
share or shares of said stock held by him, agreeably to such 
requirement of tiie directors, shall, at the option of said di- 
rectors, forfeit to the said corporation, the stock held by him 
and any and all previous payments made to said corpora- 
tion thereon. 

Directors. § 5. The affairs of said corporation shall be managed 

by a boai'd of directors, to be annually chosen by the stock- 
holders Irom among themselves; the first board of directors 



PLANK ROADS. m 

to be cliosen as soon as maj' be, after ten thousand dollars First board. 
of the capital stock aforesaid have been subscribed. The 
commissioners shall give notice of the time and place at 
which a meeting of the stockholders will be held fo:- the 
choice of directors, and at such time and place aprointed 
for such purpose, the persons named as incorporators, shall 
attend, or a majority of them, and act as inspectors of said 
election ; and the stockholders shall proceed to elect their Elections. 
directors by ballot, and the directors present shall certify 
the result of said election under their hands, which certili- 
cate shall be recorded in the books of said corporation and 
shall be sufficient evidence of the election of tlie directors 
therein named. All subsequent elections shall be held at 
the t me and in the manner prescribed by the bylaws and 
regulations of the said corporation. Each stockholder shall 
be allowed as many votes as he owns shares of stock at the 
commencement of each election, and a plurality of votes 
shall determine the choice; but no stockholder shall be 
allowed to vote at any election after the iirst, for any stock 
that may have been assigned to him within thirty days pre- 
vious to the day of holding such election. The said direc- Term. 
tors shall hold their offices for one year after their election, 
and until their successors are elected, and shall elect one of 
their number president of said board. 

§ 6. Immediately after the election of directors and the subscriptions to 
organization of said board, the persons hereinbefore named ^^^ p^^*^ «^^'- 
as incorporators, shall deliver to the said directors or to their 
treasurer appointed by said directors, the whole amount of 
moneys received by them on subscriptions to said stock; and 
it shall be the duty of said directors to keep the books for 
subscription open until the entire amount is subscribed, as 
hereinbefore set forth. 

§ 7. The said corporation is authorized, as soon as the when to com- 
board of directors are elected as aforesaid, to commence the ™*^^^*^ ^''^^^• 
construction of said road, beginning at any point on said 
line hereinbefore set forth, as they may deem most for the 
interest of said corporation; and as soon as two miles of 
said plank road are completed, said corporation may erect a . 
gate or gates thereon and collect the tolls allowed by this 
act ; and it shall be the duty of said corporation, when said 
road or any part of said road shall have been completed and 
gates erected thereon, to keep it in good repair, and when- 
ever, from any cause, the same shall become injured, said 
corporation shall immediately proceed to repair the same. 
It shall be lawful for said corporation to construct bridges Bridges over 
over any sloughs or streams anywhere upon the route of ^^^'^^^^^ ^^*'- 
said road where they may deem the same necessary ; and 
said corporation is authorized to borrow any sum of money 
which they may deem necessary, not to exceed twelve thou- 
sand dollars, to aid in the construction of said road ; and it 



112 PLANK ROADS. 

shall be the untv ot' said corporation to complete the said 
road within live years after the j.'assage of this act. 

tpI! sJtej. v$ ^. Tlie said corporation is authorized and shall have 

power to erect and maintain such toll lionses, toll gates and 
other buildings for the accommodation and management of 
the said road and tlie tra. sportation thereon, as may be 
deemed suitable to their interests and the accommodation 
c>f the public travel; and may demand, collect and receive 
of and from aiiy and every -person using said road, the fol- 

natc-oftoii. lowing rates of toll, to-wit : at every gate, for every man 
and horse, twt) cents ; for every carriage or Y\"agon drawn 
l\v one horse or other ariiina!, ten. ce^its ; for a wagon or 
carriage drawn by two hnrses, oxen or otiier aninmls, fifteen 
ceJits ; for a carriage or vragini drawn by four horses, oxen 
or other animals, twenty cents; for each additional pair of 
horses, oxen or other animals, two cents ; for horses or mules 
in droves, two cents per head ; for hogs, g^ats or sheeip. one- 
half of a cent per head. When sleds or sleighs are used 
instead of wheels, onednilf of the rates of toll as aforesaid 
shall 1 e charged upon such sled or sleigh. It sliall 1*0 law- 
ful for any toll gatherer ti;> stop and detain any person going 
on said road until the toll properly chargeable shall have 
been paid. 

i.:?t of tolls. -N [}. Tiie ]^rcsident am] directors of said corporation 

shall cause to be ke[/t uj)on each gate in some conspicuous 
place where the same nniy be easily read, a printed list of 
the tolls which may be lawfidly denn\nded, and shall cause 

Miieposs:. mile posts or stones to be erected and maintained upon said 

road. 

PHiiaity for de- i> 1<-'. If auy toU gatherer sliall unreasonably delay or 

manrting more }) j ,)^;|,^.i. ..,^y traveler 01' passeugcr, or shall demand more toll 
than by this act is allowed the said company, shall forfeit 
and pay to the person injured the sum of tvrenty-live dollars; 
and if any pjersi>n shall willfully cut dovrn, break, deface or 
injure any mile ])osts on said road, or shall willfully cut or 
throw d(»wn, break or injure any gate erected u})On said 
road, or shall willfully tear up, injure or spoil any of said 
plank road or any ap})eridage thereto, or anything thereunto 
belonging, he sliall foiieit and pay to the said corporation 
three times the amoimt of dauiage actually done, and no 

Kint?. forfeiture shall 1)0 less than twenty-dollars; and if any per- 

son shall forcibly pass either gate without tirst having paid 
the legal t'jlls, he shall forfeit and pay to said corporation 
ibr every such offense the sum of twenty-five dollars; and 
if any person to avoid the ])ayment of the legal tolls shall 
turn ojf said I'oad and ])ass aiiy gate on said road, and 
again entei- upon said I'oad, he shall forfeit and pay to 
said cor])oration the sum of live dollars. All penalties 
and forfeitures incurred under this act may be recov- 
ered by action of debt, in any court having cognizance 
thereof; and when the Ibrfeiture does not exceed one hundred 



Injury to mail. 



Evasion of tolls 



PLANK ROADS. 113 

dollars, the same may be prosecuted before any justice of 
the peace of the county where the offender or offenders may 
be found. 

§ 11. The said corporation shall be allowed two years Time of con- 
from the passage of this act to commence the construction ^^''''<=*'°°- 
of said road. Any city or incorporated town in this state 
shall have the right to subscribe to the stock of said corpo- 
ration, and to receive transfers of and transfer such stock; 
and any corporation being a stockholder shall be allowed to 
vote by its appointed agent, duly appointed the same as any 
other stockholder, 

§ 12. The said corporation is hereby authorized to locate Route on state 
and construct said plank road over any lands owned by this ^^'^^^' 
state on the route of said road, and is authorized to acquire 
by voluntary cession or purchase from the owners the right 
to construct said road over any lands belonging to individ- 
uals, companies or corporations on said route ; and in case 
the said corporation cannot obtain the right to construct said 
road over the land owned by any individual, company or on private lands 
corporation by voluntary cession or by purchase, it shall be 
lawful for said corporation to appropriate and use of said 
lands or highways west from the centre of the square in the 
city of Galesburg, on Main street, to the southeast corner of 
the farm known as the Whiting farm ; thence north on the 
road on the east side of said farm, and continuing on said 
road to Henderson G-rove, and on a direct line north, as near Road to Hender- 
as may be, to intersect with the highway running to Kock 
Island, known as the E-ock Island road, and to use said 
roads or so much thereof as is now laid out: Provided, 
however, that the said plank road shall not be laid out or 
built upon said Main street in said city of Galesburg, unless 
by contract or agreement with the council of said city; 
neither shall the highway be used for the purposes of said 
company only by agreement with the supervisor and com- 
missioners of highways of said town first had thereto; and 
said company may construct said road on the most conve- 
nient line or on a direct line from the head of Broad street "" 
to the northeast corner of the estate of Peter Frans; thence ,^ , .^ j, 
on the line aforesaid to intersect with said Rock Island road. 

§ 13. The directors may present a petition to the judge Petition for ap- 
of any court of record created in said Knox county, to which p^aisers. 
said company is unable to acquire title, setting forth the 
description of said lands, which are wanted for said road or 
the appendages thereto, the names of the owners thereof, 
praying for the appointment of appraisers to assess the 
damages which the owners of such land will severally sus- 
tain by reason of the appropriation thereof by the said cor- 
poration for the use aforesaid. 

§ 14:. On the presentment of said petition, said judge Triaiof casef 
shall appoint a day for hearing the parties interested, and 
shall direct such notice as he shall deem reasonable to be 
—^9 



114: PLAXK KOADS. 

given of the time and place of sncli hearing; and if it shall 
appear that any such be a minor, a feine covert^ an infant 
or insane, or otherwise incompetent to take proper care of 
his or her interests, it shall be the duty of said judge to 
appoint some discreet and reputable person to act in his or 
her behalf. 

Damages. § 15. At the time appointed for such hearing, the said 

judge shall appoint three disinterested persons, freeholders, 
resfdents in said county, for the purpose of assessing the 
damages ; and the order appointing said appraisers shall 
direct and specify what lands are proposed to be appropria- 
ted and occupied by said corporation for the purposes afore- 
said. 

§ 16. Said appraisers, after being duly sworn before 
some officer authorized to administer oaths honestly and 
impartially to assess such damages, shall proceed by viewing 
said lands and by such other evidence as the parties may 
produce before them to ascertain and assess the damages 
which such owner will sustain by the appropriation of his 
or her lands for the use or accommodation of said plank road 
or its appendages. 

Report of a^- § 17. Said appraiscTs shall make report to said judge 
piaisers. ^^^ writing, under their hands, reciting the order of their 

appointment and specifying the several parcels of land 
described therein and the names of the 0Y^'ners of the 
respective parcels, and if not known, state that fact, speci- 
fying also the damages which the owners of the respective 
parcels will sustain by reason of said road ; and in case that 
either party are dissatistied with the assessment, the said 
judge may, on the hearing of the parties in interest, modify 
the assessment as to him shall appear just. 

Ti'.ie to lands. | IS. On the payment of the damages thus assessed, 
with the expenses of said assessment, as the same shall be 
settled by the judge, or on depositing the amount thereof 
for the use of the owners in such place as the judge shall 
designate, the said corporation shall immediately become 
entitled to the use of said lands for the purposes aforesaid ; 

Report recorded aud the rcport of Said appraisers, with the order of said 
judge, modifying the same, if the same shall have been 
modified, shall be recorded in the circuit clerk's office where 
records of land are kept, without any other proof than the 
certificate of said judge that the report is genuine; and when 
the said report and order shall have been recorded, the said 
corporation shall be seized and possessed of said lauds or 
real estate, and may enter upon and take possession of the 
same for the purposes hereinl>eforc recited : Provided^ that 
said road shall not be made through any door j'ard, garden 
or orchard, Avithout the consent of the owner or owners 
thereof 

Stock, iiow far § 10. Eacli pcrsou being a stockholder shall be liable in 
his private property, real or personal, in a sum equal to the 



PLANK ROADS. 115 

amount of stock subscribed or owned by him for the debts 
contracted by said corporation, which liabihty shall continue 
for one year from and after he shall have parted with his 
stock. 

§ 20. Said corporation shall have power, after all expen- Dividends, 
ses are paid, to make a dividend or dividends from time to 
time, annually or semi-annually, to said stockholders, as the 
profits of said company may warrant on all paid up stock. 

§ 21. This act shall be deemed a public act, and take 
effect from and after its passage. 

Appkoved February 16, 1865. 



AN ACT to amend the charter of the Northwestern Plank Road Company, In force April IT, 
in the county of Cook, and to authorize the sale of the franchise. 1S65. 

Sectiox 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That the 
JSTorthwestern Plank Road Company be authorized to sub- stone or gravei 
stitute stone or gravel in place of plank upon said road, or ™*^y^^ "^«'<^- 
any part thereof: Provided^ the same shall be of equal Proviso, 
width of the plank tract, and be constructed so as to pass 
the examination of the inspectors of plank roads in said 
county. 

§ 2. The said company may collect the same tolls and ^oiis. 
enjoy the same privileges granted to plank road companies 
by thefgeneral plank road law, and it may collect the same 
penalties, fines and damages for any violation of its rights 
or damage to its property that is authorized by said general 
law, and be subject to the same penalties that law imposes 
for abuse of travelers or the community. 

§ 3. The president, by the advice and direction of a May sen pro- 
majority of the stockholders, may sell to the county of Cook, ^"'^" 
the franchise, the property and immunities ot said company, 
or to any other party or parties, and thas dissolve said com- 
pany and divide the avails amongst the stockholders. 

§ 4. And he it further enacted^ That the board of super- cook county 
visors of Cook county may purchase said franchise property ™^^ puichase. 
and immunities, and upon the order of said board the clerk 
of said county shall proceed to purchase and receive the 
deed of title to the same, and should said county fail to pur- 
chase the same, any person or persons may purchase the 
same, and thereby make the same private property. 

§ 5. The deed of the president of said company to the Tuie and deed. 
said county of Cook, or to any other party purchasing, shall 
be a good and lawful title to the same : Provided^ alvmys, Proviso. 
that all the debts and liabilities of said company shall be 
paid : Provided^ further, that the purchaser or purchasers 
of paid franchise and road shall be bound by all the obliga- 



116 PRINTING AND PDBLISniNG COMPANIES. 

tions said " Xortliwestern PUink Koad Company " is bv its 
charter, and shall enjoy all tlie rights and privileges enjoyed 
by said company and no mere. 
Approved February 15, 1SG5. 



In force Feb. 16, AX ACT to incorporate! the Cairo Democrat Company. 

1S(35. 

Section 1. Be it enacted hy the Pcoj^Ie of the State of 
Illinois, represented in Vie Gentrcdj Assemlly, That Thomas 

Corporators. Lewis, Jamcs O. Durft". William iiallston, G. S. Sims and 
Joel G. Morgan, and their associates, successors and assigns, 
are hereby created a body corporate and politic, under and 

Name and style, by tlic uamo, stylc and title of "The Cairo Democrat Com- 
pany," with perpetual succession, and by that name shall 

rowers. bo and are hereby made capable, in law and equity, to sae and 

besued, plead andbeimpleaded, defend and be defended, in all 
courts of law or equity in this state or elsewhere; to make, have 
and use a common seal, and the same to renew or alter at 
pleasure ; and shall be and are hereby vested with all the 
powers, privileges and immunities which are or may be 
necessary to carry into effect the purposes and objects of 

Capital stock, tlils act. Tlio Capital stock of said company shall be one 
hundred thousand dollars, the same to be divided into 
shares of one hundred dollars each, which capital shall be used 
mainly in the printing, publishing and binding business in 
the city of Cairo, Alexander county, and state of Illinois, 
and be invested in such engines, printing presses, machinery, 
types, paper, fixtures, and such other articles as may be 
necessary to carry on the printing, publishing and binding 
business. 

Hold real estate. § 2. Tlic Said compau}^ shall also have power to manu- 
facture, in the city of Cairo or elsewhere, paper and such 
other articles as they may use in the business of printings 
publishing and binding as aforesaid ; and shall have power 
to purchase and hold so much real estate or water power as 
may be necessary to carry out the provisions of this section. 

N-°doi buiiri- ;^ 3. The said company shall have power to purchase and 
'"•"^- hold so much real estate and lots in the said city of Cairo, and 

to erect suitable buildings thereon, the same to be used 
mainly in the prin ting, ])ul)lishing, binding and manufacturing 
bu-iness as aforesaid, and all re;il estate purchased under the 
])rovisi')ns of this section and section two may be sold, aliened 
and convoyed at the pleasure of said Cairo Democrat Com- 

D-ed? and title, part}'. All decds of real estate shall be made to said Cairo 
Democrat (Jompany, and decfls and conveyances made by said 
company shall bo authorized by vote of the stockholders who 
own or leg:dly represent at least two-thirds of the shares of 



PRINTING AND PUBLISHING COMPANIES. 117 

the stock of said company; and said deeds and conveyances 
shall be signed by the president and secretary of said com- 
pany, and be attested by the corporate seal thereof. 

§ 4. Said Cairo Democi'at Company shall have power 
to lease such real estate and bnildings as may be necessary 
to carry on the business of said company ; and said com- 
pany may sub-let or lease to others such apartments or rooms, 
in their own buildings or those leased by them, as may not 
be needed in the printing, publishing and binding business 
as aforesaid. 

§ 5. The said company shall have power to make all ^^"les. 
needful and necessaiy rules for the regulation and direction 
of its affairs, and when so made, they shall be binding upon 
the stockholders of said company ; and said rules thereafter 
shall not be altered, changed or amended, except by a vo'e 
of the stockholders owning or legally representing at least 
two-thirds of the shares of the stock of the said company, at 
some regular meeting, of which due notice shall be given 
in writing or otherwise to all of said stockholders at least 
ten days before said meeting. 

§ 5. Whenever stock to the amount of twenty thousand o^icers. 
dollars shall have been subscribed and fifty percent, thereof 
shall have been paid, it shall be lawful for the stockholders 
to commence business under this act, and they may elect 
and appoint a president, vice president, secretary and treasu- 
rer, and such other ofhcers and servants as they may deem 
necessary, and fix their compensation and term of office by 
such by-laws as they may make and establish ; and the said 
stockholders shall be liable in proportion to the amount of ^ 

stock severally held by them tor all debts contracted by tlie 
said corporation during the time they were stockholders 
aforesaid, and for six months after the assignment of the 
stock so held by them respectively. . . • , 

§ 7. Said company shall, by its secretary, keep a journal, ^^'^°^'^- 
in which the proceedings of all meetings ot the stockholders 
shall be recorded, which record, with all, other books, pa- 
pers and vouchers, shall be subject to the inspection of any 
stockholder at all reasonable times. 

§ 8. This act shall take efi'ect and be in force from and 
after its passage. 

Approved February 10, 1865. 



AN ACT to incorporate the Cuicago Republican Company. In force Feb. 13, 

1S65. 

Section 1, Be it enacted ly the People of the State of 
Illhiois^ represented in the General Assembly, That Ira Y. 
Munn, John Y. Farwell, Joseph K. C. Forrest, J. Young corporators. 
Scammon, of Chicago ; Jesse K. Dubois and Jacob Bunn, 



lis PRIXTIXCr AND PUELISlIIXCr COMPANIES. 

of Sprinixfield; John AYood, of ("^hiincy ; J. AYilson Shalfcr, (»f 
Freeport ; Amos G. Ba'jcock, of Canton ; Alonzo W. 
Mack, of Kankakee ; Francis A. IL_)f}'nian and Ilonry C. 
Cliilds, of DnPage county, and tlicir associates, successors 
and assigns, are hereby created a body corporate and pohtic, 

xameand style, uudcr and by the name, style and title of "The Chicago 
Ke> ublican Company,'' Vv'ith perpetual succession, and by 

poTvei-s. that name shall be and are hereby made capable in lav*- and 

equity to sue and be sued, plead and be impleaded, defend 
and be defended, in all courts of law or equity in this 
state or elsewhere; to make, have and use a common seal, 
a!id the same to renew c>r alter at pleasure; and shall be 
and are hereby vested with all the powers, pi'ivileges and 
immunities which are or may be necessary to carry into 
eti'ect the purposes and objects of this act. The capital 
stock of said company shall be live hundred thousand dol- 
lars, the same to be divided into shares of crne hundred 
dollars each, which cajiital shall be nsed mainly in the 
printinij. publishino; and bindiiiix business in the citv of 
Chicago, county of Cook, and state of Illinois, and be in- 
vested in such enrxines, printir.ij: presses, machinerv, tvnes. 
paper, fixtures, and such other articles as may be necessary 
to carrv on the printino- iju.blishiuo- and bindiucr business. 

p ipe:-. etc. ^ 2. The Said company shall also have power to manu- 

facture, in the city of Chicago or elsewhere, paper and such 
other articles as they may use in the business of printing, 
publishing and binding, as aforesaid, and shall have power 
to purchase and hold so much real estate and water power as 
may be necessary to carry out the provisions of this section. 

Real estate. ^ g^ 'Pj^g g.-^-^l compauy sliall havo power to ])urchase 

and hold all such real estate as may be sold under mort- 
gage, trust deed, execution or other legal process, to secure 
and satisfy debts due ro the said eompan_y. 

*g 4. The said company shall have power to purchase and 
hold so much real estate and lots, not exceeding two hun- 
dred (200) feet front on any street in the city of Chicago, 
and to erect suitable buildings thereon, the same to be used 
mainly in the printing, puidishing, binding and manufac- 
turing business, as aforesaid ; and all real estate purchased 
nnder the provisions of this act may l;e sold, aliened and 
conveyed at tlie pleasure of said Chicago Kepublican Com- 
pany. All deeds of real estate shall be made to said Chi- 
cago Ilejtublican Company. And deeds and conveyances 
by said company shall be authorized l:)y vote of the stock- 
lioklers who own or legally represent at least two-thiids of 
the shares of the stock of said company, and said deeds and 
conveyances shall be signed by the president and secretary of 
said conijtany, and be attested by the corporate seal thereof. 
:' Ti. Said Chicago Republican Comj)any shall have 
power to lease such real estate and buildings as may be ne- 
cessary to carry on the business of said company; and said 



ie to property 



PRINTING AND PUBLISHING COMPANIES. 119 

company may sub-let or lease to others sach apartments or 
rooms in their own building or buildings, or in the building 
or buildings leased by them, as may not be needed in the 
printing, publishing or binding business, as aforesaid. 

§ 6. The said company shall have power to make all Rules and a 
needful and necessary rules for the regulation and direction '■^^''^°^- 
of its affairs ; and when so made, they shall be binding 
upon the stockholders of said company ; and said rules 
thereafter shall not be altered, changed or amended, except 
by vote of the stockholders owning or legally representing 
at least two-thirds of the shares of the stock of the said 
company, at some regular meeting, of which due notice 
shall be given in writino; or otherwise to all of said stock- 
holders at least ten days before said meeting. 

§ 7. "Whenever stock to the amount of one hundred thou- officers, 
sand dollars shall have been subscribed, and fifty per cent, 
thereof shall have been jDaid, it shall be lawful for the stock- 
holders to commence business under this act ; and they may 
elect or appoint a president, secretary and treasurer, and 
such other officers and servants as nmj be deemed necessary, 
and fix their compensation and term of oflice by such by- 
laws as they may make and establish ; and the said stock- 
holders shall be liable, in proportion to the amount of stock 
severally held by them, for all debts contracted by the said 
corporation during the time they were stockholders, and for 
six months after the assignment of the stock so held by 
them respectively. 

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

Approved February 13, 1865. 



AN ACT to incorporate the Illinois Staats Zeitung Company. In force Feb. 13, 

Section 1. ^e it enacted hy the People of the State of 
Illinois^ represented in the General Assemhly^ That Lorenz 
Brentano and Anthony C. Hesing, and their associates and corporators, 
successors and assigns, are hereby created a body corporate 
and politic, under and by the name, style and title of " The 
Illinois Staats Zeitung Company/' with perpetual eucces- Nama and style, 
sion ; and by that name be and are hereby made capable, in Powers, 
law and equity, to sue and be sued, plead and be impleaded, 
defend and be defended, in all courts of law and equity in this 
state or elsewhere ; to make, have and use a common seal, and 
the same to renew or alter at pleasure ; and shall be and are 
hereby vested with all the powers, privileges and immunities 
which are or may be necessary to carry into effect the purposes 
and objects of this act. The capital stock of said company 



bure. 



120 PRINTING AND TUBLISniNG COMPANIES. 

shall bo one hundred thousand dollars, the same to he divi- 
ded into shares of one hundred dollars each ; which capital 
shall be used mainly in the printing, publishing and binding 
business, in the city of Chicago, county of Oook, and state 
of Illinois, and be invested in such engines, printing ]:)rosses, 
machinery, types, paper, fixtures, and such other articles as 
may be necessary to carry on the printing, publishing and 
binding business. 

Articiesoimanu- § 2. xiiid 1)6 it further ouicied^ That the said company 

' shall also have povrer to manufacture, in the city of Chi- 

cago or elsewhere, paper, and such other articles as they 
may use in the business of printing, publishing and binding, 
as aforesaid ; and shall have power to purchase and hold 
so much real estate and water power as may be necessary 
to carry out the provisions of this section. 

3iay hold real § 3. And be it further enacted^ That the said company 
shall have power to purchase and hold all such real estate 
as may bo sold under mortgage, trust deed, execution, or 
other legal process, to secure and satisfy debts due to the 
said company. 

Title to property § 4, And 1)6 it further enacted^ That the said company 
shall have power to purchase and hold so much real estate 
and lots, not exceeding two liundred (200) feet front, on any 
street in the city of Chicago, and to erect suitable buildings 
thereon, the same to be used mainly in the printing, pub- 
lishing, binding and manufacturing business, as aforesaid; 
and all real estate purchased under the provisions of the 
second and third and this section of this act may be sold, 
alienated and conveyed, at the pleasure of said Illinois 
Staats Zeitung Company. All deeds of such real estate 
shall be made to said Illinois Staats Zeitung Company ; and 
deeds and conveyances made by said company shall be au- 
thorized by vote of the stockholders who own or legally 
represent at least two-thirds of the shares of the stock of 
said company ; and said deeds and conveyances shall be 
signed by the president and secretary of said company, and 
be attested by the corporate seal thereof. 

May lease. § 5, And he it further enacted^ That said compan}' shall 

have power to lease such real estate and buildings as niay 
be necessary to carry on the business of said company ; and 
said company may sub-let or lease to others such apartm.ents 
or rooms in their own building or buildings leased by them, 
as may not be needed in the printing, publishing and binding 
business, as aforesaid. 

Rule?. § 0. And he it further enacted^ That the said company 

shall have ])<> wer to make all needful and necessary rules 
for the regulation and direction of its affairs, and, when so 
made, they sliall be binding upon the stockholders of the 
said company ; and said rules thereafter shall not be altered, 
changed or amended, excejjt by vote of the stockholders 
owning or legally representing at least two-thirds of the 



PKINTII^G AND PUBLISHING COMPANIES. 121 

shares of the stock of said company, at some regiihir meet- 
ing, of which due notice shall be given, in writing or other- 
wise, to all of said stockholders, at least ten days before such 
meeting. 

§ 7. A7id he it further' enacted, That whenever stock to officers, 
the amount of forty thousand dollars shall have been sub- 
scribed, and fifty per cent, thereof shall have been paid, it 
shall be lawful for the stockholders to commence business 
under this act ; and they may elect and appoint a president, 
secretary and treasurer, and such other officers and servants 
as they may deem necessary, and fix their compensation 
and term of office, by such l3y-laws as they may make and 
establish ; and the said stockholders shall be liable, in pro- 
portion to the amount of stock severally held by them, for ^ 
all debts contracted by the said corporation during the time 
they were stockholders, aforesaid, and for six months after 
the assignment of the stock so held by them, respectively. 

§ 8. And he it further enacted, That whenever it shall 
he required of said company to certify to the publication of 
any advertisement published by them, a certificate, signed 
by the president and secretary of said company, shall be 
deemed and taken as a certificate of the publishers of said 
advertisement. This act shall take effect and beinfoice 
from and after its passage. 

Appeoved February 13, 1865, 



AX ACT to incorporate the Peoria Gazette Company. In ^o^ce Feb. 16, 

Section 1. JBe it enacted hy the Peojole of the State of 
Illinois, represented in the General Assemhly, That Henry 
S. Austin, Charles Ballance, Elbridge G. Johnson, Elihu corporators. 
N. Powell, Jonathan K. Cooper and Thomas Gr. McCulloh, 
and their successors, be and they are hereby instituted a 
body politic and corporate, by the name and style of "The Name and style. 
Peoria Gazette Company ; " and by that name they shall 
have perpetual succession, and shall be capable of suing and 
being sued, defending and being defended against, pleading 
and being impleaded, answering and being answered unto, 
within all courts and other places whatsoever; they may seai. 
have a common seal, and alter or change the same at pleas- 
ure, and purchase and hold or convey real estate and per- 
sonal estate, necessary to promote and carry out the objects 
of said corporation : Provided^ they shall not hold exceed- 
ing one acre of real estate. 

§ 2. The business and objects of said corporation shall objec*. 
be to publish, in the city of Peoria, a first class newspaper, 



122 PEIXTIXG AND PCBLISniXG COiirANIES. 

and, as a secondary and appurtenant matter, to connect 
therewith a job printing- office and book binder3\ 

Capital stock. g 3. The Capital stock: of said company shall be. at first, 

fifty thousand dollars, but with the privilege of increasing 
the same to one hundred thousand dollars, should that be 
deemed necessary, to be divided into shares of one hundred 
dollars each. In all elections or questions to be decided by 
a vote of said company, ever}^ stockholder shall be entitled 
to vote, either in person or by proxy, and cast one vote for 
every share he or she riiay hold, up to twenty shares, and 
one vote for every two shares he or she may hold over 
twenty shares. 

Annual election. ^ J., gaid compauy sliall have six directors, to be elected 
annually, one of whom shall be president ; and said presi- 
dent and directors shall have the management of the con- 
cerns of said company, subject to such by-laws as said com- 
pany may adopt. 

Decks opsned. )^ 5. The pcrsoDS iiauied in the first section of this act, 
or a majority of them, shall be commissioners to take sub- 
scriptions and organize said company, and shall, as direct- 
ors, have the control of the same until an election shall be 
held for directors. The stock of said company shall be as- 
signable, subject, however, to the regulations and by-laws 
that shall be made relating thereto. 

By-laws. I G. Said company shall have power to make such regu- 

lations, and pass such by-laws, for the management of the 
affairs of said company, and the transfer of its stock, as 
they may deem proper, and 'which shall not be contrary to 
the laws r)f the land. 

§ 7. This act shall be deemed a public act. and be in 
force from and after its passage. 
Appkoved February 16, 18(35. 



In force Feb. 16, AN ACT to incorporate tho Religio-rhilosopliieal Publi^liiug Association. 
liG5. 

Section 1. Be it eracted hy the People of ili- State of 
Illinuis/rejyresentedinlthe'] General Assemhly^ That Stevens 
Corporators. S. Joncs, lleiiry C. Childs, Sylvester II. Todd, Warren 
Chase, Leo Miller, Frank Wadsworth, Charles II. Water- 
man, Warwick Martin, Moses W. Leavitt, Lewis Ellsworth, 
Seth Marvin, Moses Hull, Edward Smith, Alexander Y. 
Sill. AVilliam White, C. M. Plum, M. M. Daniel, M. F. 
Davis, J. M. Peebles, Henry T. Child, Benjamin Todd, J. 
r. ]'>ryant, J. \l. Newton, W. F. Jamieson, F. M. Brown, 
S. J. FInn(;y, Frank 11. May, George Shufelt, A. Burnham, 
William Keed, James F. Knowlton, Ira Porter, David 
Brunson, Thomas Pichmond, S. Paine, A. II. Pobinson, A. 



POINTING AND PUBLISHING COMPANIES. 123 

"Willielme and' Milo Porter, and their associates, successors 
and assigns, are hereby created a body corporate and politic, 
under the name and style of "The Religio- Philosophical Name and style. 
Publishing Association," and shall have perpetual succes- 
sion ; and by that name they are hereb}- made capable, in powers, 
law and equity, to sue and be sued, plead and be impleaded, 
defend and be defended, in any court of law and equity in 
this state or elsewhere ; to make, have and use a common 
seal, and the same to renew and alter at pleasure ; and shall 
be and hereby are vested "with all powers, privileges and 
immunities which are or may be necessary to carry into 
effect the purposes and objects of this act, as hereinafter set 
forth ; and the said association is hereby authorized and object, 
empowered to purchase or manufacture all necessary mate- 
rials for, and to carry on in all its varied branches and de- 
partments, the business of publishing, printing, binding, 
making and vending books, maps, periodicals, pamphlets, 
newspapers, and all other printed, painted lithographs, 
photographs, mechanical or chemical matter, for the diffu- 
sion of knowledge, and the promotion of the arts and sci- 
ences, and to establish all such agencies, depositories and 
bureaus as shall be deemed expedient by said association ; 
and the said association is empowered to hold real, personal 
and mixed estate, by purchase, gift, grant, bequest or other- 
wise, and to convey the same in any manner they may deem 
expedient; and the association may lease or rent real and 
personal estate, and erect and repair such buildings, privi- 
leges and appurtenances as shall be deemed necessary to 
carry on and execute the business of said association, and 
make their property serviceable and valuable. 

§ 2. The capital stock of said association shall consist of capital stock. 
one hundred thousand dollars, and may be increased, from 
time to time, by the board of directors of said association, 
as deemed necessary; which capital stock shall be divided 
into shares of iifty dollars each. 

§ 3. The immediate government and direction of said rirst directors. 
association shall be vested in the fourteen first above-named 
corporators, who shall constitute the first board of directors, 
and hold their ofiices until others shall be duly elected as 
their successors, and enter upon the duties of their ofiices, 
in accordance with the provisions of the by-laws of said 
association ; and a majority of the board of directors shall 
form a quorum for doing business. 

§ 4. The board of directors shall elect one of their officers, 
number president of the association, and such other oflicers 
and agents as the by-laws shall require. 

§5. At all meetings of the stockholders, each stockholder Number of di- 

shall be entitled to cast one vote for each share of stock hold- 
en, subject to such general regulations as the by-laws shall 
provide; and no person shall be eligible to be elected to the 
office of director, who does not own and hold at least ten 



12-1 rPvIXTIXG AND PUBLISniNCr COMPANIES. 

sliares of stock, on whieli lias been paid at lea-it ten per 
cent.; and there shall never l)e more than foviy memoers in 
the directory, tlie nnnil)er to be regulated by the by-laws; 
and should it at any time happen that a board of directors 
shall not be elected at the time fixed by tlie by-laws, said 
association slnill not for that canse be dissolved, but the old 
board of directors shall hold their offices until their succes- 
sors are elected, and enter upon the duties of their offices; 
and should the president or any of the directors die, resign, 
be removed from office, refuse to act, or in any way become 

Vacancies. incompcteut to act, the boai'd of directors may fill any such 
vacancy, so occasioned, until the next regular meeting of 
the stockholders for the election of officers of the associa- 
tion, and may, in the absence of the president and vice 
president, appoint a president j,wc> tein. 

Books opened. g 6. The board of directors may, from time to time, 
open and close the books of the association for subscriptions 
to the capitid stock, under such general restrictions and con- 
ditions as shall be provided in the bydaws and subscription 
lists of the association ; and it shall be lawful for the board 
of directors to recpiire |»ayment of the sums subscribed to 
the ca]}ital stock, at such times, and in such proportions, and 
on sucli conditions, as they shall deem fit, under the penalty 
of the forfeiture of all lu-evious jjayments thereon ; notice 
for such calls for payments to be in accordance with the con- 
ditions of the subscription lists and the by-laws of the asso- 
ciation. 

Borrow monev. g 7_ Aud for tlic Ijctter promoting the business of the 
associatio]!, the board of directors, by the president, or other 
agents duly empowered, may negotiate a loan or loans of 
money or credit, to the amount of their capital stock, and 
may pledire the credit and property, real, personal and 
mixed estate, and all its rights, credits and franchises, for 
the payment thereof, and may execute promissory notes, 
bonds, mortgages, deeds of trust, and any and all other 

Sinking fund, forms of voucliors, at any time deemed necessary, and may 
prej)are a sinking fund, or other means for the pa^nnent of 
the same, and do all other necessary and proper acts to pro- 
m<ite the general interest of said association ; and said board 
of directors may, from time to time, adopt and amend all 
necessary by-laws for the regulation of the business of the 
association, not in conflict with this act, and the laws of the 
land, and rescind them at pleasure. 

§ 8. This act shall be deeme<l and taken as a pul)lic act, 
and shall be construed beneficially for all purposes herein- 
before specified or intended, and shall take eli'ect and be in 
force from and after its ])assage. 
Appeoved February 16, 18 Go. 



PRINTING AND PUBLISHING COMPANIES. 125 

AN" ACT to incorporate the Union Printing Association. In force Feb. 16, 

1365. 

Section 1. Be it enacted hy the People of the Sta*e of 
Illinois^ represented m the General Asse7nUy^ That John 
R. Hewlett, John G. Price, George H. Hj^de, Sidney T. coporators. 
Osmer and Benjamin C. Coblentz, and their successors, be 
and thej are hereby instituted a body politic and corporate, 
by the name and style of " The Union Printing Associa- Name and style, 
tion ;" and by that name they shall have perpetual succes- 
sion, and shall be capable of suing and being sued, defend- 
ing and being defended against, pleading and being ini 
pleaded, answering and being answered unto, within all 
courts and other places whatsoever ; they may have a com- 
mon seal, and alter and change the same at pleasure, and seai. 
purchase, hold or convey real and personal estate, necessary 
to promote and carry out the objects of said corporation : 
Frovided^ they shall not hold exceeding one acre of real 
estate. 

§ 2. The business and objects of said corporation shall object, 
be to publish in the city of Sterlino", Whiteside county, a 
first class newspaper, and, as a secondary and appurtenant 
matter connected therewith, a job printing office and book 
bindery. 

§ 3. The capital stock of said company shall be, at first, capital stock. 
ten thousand dollars, (but with the privilege of increasing 
the same) ; said capital to be divided into shares of one hun- 
dred dollars each. In all elections or questions to be deci- 
ded by a vote of said company, every stockholder shall be 
entitled to vote, either in person or by proxy, and cast one proxy votes. 
vote for every share he or she may hold. 

§ 4. Said company shall have live directors, to be elected Directors. 
annually, one of whom shall be president ; and said presi- 
dent and directors shall have the management of the con- 
cerns of said company, subject to such by-laws as said com- 
pany or directors may adopt. 

§ 5. The persons named in the first section of this act, open boots. 
or a majority of them, shall be commissioners to take sub- 
scriptions, or organize said company, and shall, as directors, 
have the control of the same until an election shall be held 
for directors. The stock of said company shall be assigna- 
ble, subject however to the regulations and by-laws that 
shall be made relating thereto. 

§ 6. Said company shall have power to make such regu- By laws. 
lations and pass such by-laws for the management of the 
affairs of said company, and the transfer of its stock, as 
they may deem proper, and which shall not be contrary to 
the laws of the land. 

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

Approved February 16, 1865. 



120 PRINTIXCr AND PUBLISUINCr COMPANIES. 

In force April 15, AX ACT to incorporate the West Pulilishliig Company. 

1 S65. 

Section 1. Be it enacted I>y the People of the State of 
Illinois, vepresented in the General Asstmhli/^ That Wash- 

corporators. iiio'toR Biislinell, Daniel J. Pinckne;;, Jesse W. Fell, Charles 
Walker, sen., John Logan, Tlieron D. Brewster, Peter Dag- 
o-v, K. B. Mason, Alexander Campbell, Joseph Sharon, Cj- 
riis Edwards, David Strawn, Thomas J. Turner, C. H. w. 
Ilaukluift, David Piekey, William II. Collins, George W. 
xVrmstrong, and their associates, successors and assigns, are 
hereby created, a body politic and corporate, under the 

Name and stvie. name and style of "The West Publishing Company," and 
under that name and style to have perpetual succession, to 

Power?. be capable in law of suing and being sued, pleading and be- 

ing imi3leaded, in all courts and places ; of purchasing, hold- 
ing and seliin.g all such real estate and personal property as 
may from time to time become necessary for the successful 
carrying on of the business speciiied in this act ; to have a 
common seal, and to break and renew the same at pleasure, 
and generally to have and exercise all the functions and 
franchises Vvhich usually appertain to corporations of this 
character. 

Capital stock. g 2. Tlic Capital stock of said company shall ije five hun- 
dred thousand dollars, which shall be divided into shares of 
twenty -five dollars each, which shall be issued, registered, 
certified and transferred as the board of directors shall di- 
rect, which stock shall be treated as personal property ; and 
at all elections of said company, every stockholder shall be 
entitled to one vote for every share of stock he may hold, 
wliich may be given in person or by proxy. 

Directors. ^ 3. The corporatc powers of this company sliall be 

vested in and exercised by a board of directors, not less than 
seven nor more than fifteen in number, to be elected annu- 
ally by tlie stockholders ; but if for any cause annual elec- 
ti'i'ns shall not be held, none of the corporate powers, rights, 
privileges or franchises of said company shall thereby be 
forfeited or impaired, but the board of directors for the time 
being shall hold their ofiices until their successors are elected 

First board. and qualified. The board of directors shall, immediately 
after the annual elections, elect one of their number presi- 
dent ; they shall also elect a secretary and treasurer, and 
such other officers as shall be prescribed by the by Jaws of 
said company. Jesse W. Fell, Washington Bushnell, 
Thomas J. Turner, Alexander Campbell, Daniel J. Pinck- 
ney, Therr.n D. Brewster, Ceo. AV. Armstrong and Charles 
Walker, sen., shall constitute the first board of directors, 
and shall hold their ofiices until their successors are elected 
and rpialiiied ; and they shall elect one of their number 
president, and appoint a secretary and treasurer, who shall 
hold their ofiices until the first annual election, unless sooner 
removed by the board of directors. 



RAILROADS. 127 

§ 4. The said company shall have power to make, exe- By-iaws. 
cute and enforce all such by-laws, rules and regulations, not 
inconsistent with the constitution and laws of the United 
States and of this state, as may be necessary for the well 
ordering, prosecution and management of the affairs of said 
company. 

§ 5. The business of said company shall be the publish- object. 
ing of a newspaper in the city of Chicago, to be called "The 
West." Said company may also establish and carry on a 
book and job office and publishing house, in said city, and 
to purchase or build and operate a paper mill, for the man- 
ufacture of paper, in any part of this state where they can 
procure the necessary water or steam power for that pur- 
pose. 

§ 6. This company shall have power to lease, build or Machinery and 
purchase all machinery, water or steam power, buildings, '^°^®^' 
materials and fixtures, as may be necessary to commence 
and carry on the business specified in this act. All deeds, 
leases and contracts relating to real estate leased, bargained 
for or purchased by said company, shall be made to the 
West Publishing Company ; and all leases, deeds and con- 
tracts relating to lands, made by said company, shall be 
signed by the president, countersigned by the secretary, and 
shall be under the seal of said company, and all such leases, 
contracts and deeds may be acknowledged before a proper 
officer by the president of said company. 

§ 7. The board of directors of said company shall open when to organ- 
books for subscriptions to the capital stock of said company 
at such times and places as they may deem proper, and 
when one hundred thousand dollars of said stock shall have 
been subscribed, and not less than fifty per cent, thereof 
paid in, said, company may commence business, and the 
balance of the stock subscribed may be collected in such in- 
stallments as the board of directors may elect. Books for 
subscription to the stock of said company may be opened, 
from time to time, until the whole amount of capital stock 
shall have been subscribed. 

Approved February 16, 1865. 



AN .ACT to incorporate " The Adams County Railroad Company." in force Feb. 16, 

1S65. 

Section 1. £e it enacted hy the Peojyle of the State of 
Illinois, represented in the General AssemMy, That Onias 
C. Skinner, A. E. W^heat, Thomas Redmond, Jackson Grim- corporators. 
Bhaw, Scott Wike, O. M. Hatch, Alexander Starne, Isaac 
N. Morris and Chauncey L. Higbee, of the counties of 
Adams and Pike, and their associates, successors, heirs and 



128 KAILROADS. 

asslixns. are hereby created a body politic and corporate, 

Name and style, uiider tbe uauie aiid style of '" The Adams County liailroad 
Company," and by that name and style shall have perpetual 

Powers. succession ; and said company are hereby made capable of 

suino- and being sued, of pleading and being impleaded in 
all courts of law and equiuy in this state and elsewhere, of 
contracting and being contracted with ; and said company 
shall have authority to make, have, use, alter and change a 
connnon seal, and the same to renew at pleasure ; and said 
company are hereb_y vested with all the powers, privileges 
and immunities which are or niaj' be necessary to carry into 
eifect the objects and purposes of this act hereinafter men- 
tioned, set forth, or referred to, and to exercise and enjoy, 
for the purposes of the said company, the rights and privi- 
leges of natural persons. 

Lineof vaiiroaa. g 2. Said couipauy are hereby authorized and empow- 
ered to locate, construct, establish and hnally complete and 
hereafter use a railroad, commencing at an}'- convenient 
point in the city of Quincy, in said Adams county, and run- 
ning from thence on the most eligible, beneficial, expedient 
and practical route, to a point on the Mississippi river oppo- 
site the city of Hannibal, in the state of Missouri, or to con- 
nect with any railroad now or hereafter constructed or pro- 
jected in Pike county, Illinois; and the said companj^ are 
liereb_y empowered, in the construction of said railroad, to 
lay out said railroad wide enough for a single or double 
tmck throughout the whole length thereof, and for the pur- 
pose of constructing the same, and for materials, stone, earth 
and gravel, may take and use as much more land, on the 
sides of the same, as may be necessary for the proper con- 
struction and security of said road. 

Capital ftock. § 3. The capital stock of said company shall be three 

hundred thousand dollars ($300,000,) and may be increased 
to twelve hundred thousand dollars ($1,200,000,) to be divi- 
ded into shares of one hundred dollars (810(') each share. 
The immediate government, control and direction of the 
affairs and organization of said company and com])any fran- 
chises, shall be vested in the persons named in the first sec- 
tion of this act, and a majority of them shall form a quorum, 
with power and authority to afh^pt such rules and by-laws 
and other things to do and perform, necessary to the com- 
plete organization of said company, and to conducting the 
same; and to provide for the opening of books and obtain- 
ing subscriptions to the capital stock of said company, and 

^yhc•n to organ- for the calling of meetings of said company ; and when one 
hundred (100) shares of the capital stock shall be taken and 
subscribed for the company may fully organize, and go into 
operation in the construction and couipletion of said railroad, 
by the election of a board of directors, which may appoint 
all necessary officers, who shall hold their office during the 
pleasure of the board of directors; and stich board of direc- 



ize. 



RAILROADS. 129 

tors shall hold their office for one year, and until their suc- 
cessors are elected and qualified. 

§ 4. Be it further enacted^ That all the rights, privileges, Rights conferred 
advantages, authorities and immunities conferred upon the 
Hannibal and J^aples Railroad Company, incorporated by 
an act approved February 12, 1863, also all the rights, privi- 
leges, advantages, authorities and immunities conferred by 
said last named act, are hereby conferred upon said Adams 
County Railroad Company. 

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

AppLiovED February 16, 1865. 



AN ACT to incorporate the Atlantic and Pacific Railroad Company. in force Feb. 16 



1865. 



Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That John Y. 
Ayer, Darvt^in Harney, Elliot Anthony and Azariah T. corporators. 
Gait, and their associates^ successors, heirs and assigns are 
hereby created a body politic and corporate, by the name 
and style of the "Atlantic and Pacific Railroad Company," Name and style, 
with perpetual succession, and by that name be and are here- 
by made capable, in law and equity, to sue and be sued, powers 
plead and be impleaded, defend and be defended, in any 
court of law and equity in this state or any other place ; to 
make and use a common seal, and the same to alter or re- 
new at pleasure; and shall be and are hereby vested with 
all powers, privileges and immunities which are or may be 
necessary to carry into effect the purposes and objects of 
this act, as hereinafter set forth ; and said company are here- 
by authorized and empowered to locate, construct and com- 
plete a railroad from a line between the states of Indiana 
and Illinois, at a point in Cook county, Illinois, to be here- 
after selected, by the way of the city of Chicago, Illinois, to 
the Mississippi river, at any point at or north of the city of 
Savannah, to be hereafter located ; said railroad to be laid 
out and constructed upon the most eligible route between 
the points above named, and for this purpose the said com- 
pany are 'authorized to lay out and locate their said road 
with a six foot gauge, or otherwise, through the whole 
length of said route, and for the purpose of cutting embank- 
ments, stone and gravel may take and appropriate as much 
more land as may be necessary for the construction and se- 
curity of said road. 

§ 2. The capital stock of said company shall consist of capital siock. 
two million dollars, which may be increased to any amount 
not exceeding the actual estimated cost of constructing and 
— *10' 



130 EAILKOADS. 

eqnip|)i'nf2: their said road, to be divided into shares of one 
Directors. huiidred doUai's each. All the corporate powers of said 

company shall be vested in and exercised by a board 
of seven directors, who shall be cliosen by the stock- 
holders of said company in the manner hereinafter provided, 
who shall hold their oliices for one year or until their suc- 
cessors shall be elected and qualified; and said director?, a 
majority of whom shall form a quorum for the transaction 
of business, shall elect one of their number to be the presi- 
dent of the company ; and said board of directors shall have 
power to appoint all necessary clerks, secretary, treasurer^ 
and all other ofEcers deemed necessary in the transaction of 
the business of said company. 
Surveys of route § 3. Tiic Said corporation is hereby authorized, by their 
agents, surveyors and engineers, to cause such examinations 
and surveys to be made of the ground and the country as 
shall be necessary to determine the most desirable route, 
whereon to construct their said railroad ; and it shall be law- 
ful for said company to enter upon and take possession of 
and use all such lands and real estate as will or may be ne- 
cessary for the construction and maintenance of the said 
railroad, its depots, side-tracks, water stations, engine houses, 
machine shops, and other buildings and appendages neces- 
sary to the construction of said railroad : Provided^ that all 
lands or real estate entered upon and taken possession of by 
said corporation for the purpose and accommodation of said 
railroad, or upon which the site for said railroad shall have 
been located or determined by said corporation, shall be paid 
for by said company, in damages, if any be sustained by the 
owner or owners thereof, by the use of the same for the pur- 
Lands taken, poses of said railroad ; and all lands entered upon and taken 
for use of said corporation which are not donated to said com- 
pany, shall be paid for by said corporation, at such times as 
may be mutually agreed upon by the said corporation and 
the owner or owners of such lands; and in case of disagree- 
ment, the price shall be estimated, fixed and recovered in 
the manner provided for taking lands for the construction 
of public roads, canals or other public works, as prescribed 
by the act concerning the right of way, approved March 
3d, 1845, and the amendments thereto. 
AnnuHi meet- ;< 4 ^\\Qi time of lioldiug the annual meetiuir of said di- 
rectors shall be fixed and determined by the by laws of said 
comipany ; and at all meetings each stockholder shall be en- 
titled to a vote in person, or by lav/ful proxy, one vote for 
each share of stock he, she or they may hold, hcma Hdc^ in 
said company, u])on which all installments called have been 
paid. 
Books of 8ixb- ^ 5. The persons named in the first section of this act are 
hereby appointed commissioners, who, or a majority of them 
are hereby authorized to open or cause to be opened, sub- 
scription books for the stock of said company, at such time 



ing3. 



script) on. 



EAILEOADS. 131 

and place as they may think proper ; and, also, to appoint 
one or more agents to open such books and receive such 
subscriptions ; the said commissioners, or their agents, shall 
require each subscriber to pay tive dollars, or execute a note 
therefor, as they shall determine, on each share subscribed, 
at the time of subscribing; and whenever fifty thousand dol- 
lars shall be subscribed, the said commissioners shall call a 
meeting, (or a majority of them shall,) of the stockholders, by 
giving twenty days' notice in some newspaper printed in the 
city of Chicago, or by personal notice served upon each of 
the stockliolders, of the time and place of such meeting, at least 
ten days previous to the time of such meeting ; and, at such 
meeting, it shall be lawful for the stockholders to elect the 
directors of said company, and transact any other necessary 
business ; and when the directors are chosen, the said com- 
missioners shall deliver said subscription books, with all 
sums of money and notes received by them, or by any agent 
appointed by them as commissioners to said directors. No 
person shall be a director unless he shall be a bona fide 
stockholder in said company. 

§ 6. The directors of said company, after the same is-Subscriptio» to 
organized, are hereby authorized and empowered to take ^'°'^'^" 
and receive subscriptions to their said capital stock, on such 
terras and in such amounts as they may deem for the inter- 
est of said company, and as they may prescribe by their 
bydaws or regulations, from any other railroad or corpora- 
tion, and from any county, city, town or village making the 
same, provided said company shall not be authorized to take 
or receive subscriptions to their capital stock, payable in 
real estate. 

§ 7. That the right of way and the realestate purchased Kig^t of way. 
for the right of "way, or other purposes, by said company, 
whether by mutual agreement or otherwise, or which shall 
become the property of said company by operation of law 
as in this act provided, shall, upon payment of the amount 
of money belonging to the owner or owners of said lands, 
as a compensation for the same, become the property of said 
company in fee simple. 

§ 8. The said corporation may take and transport on By-iaws. 
said railroad any person or persons, merchandise or other 
property, by the force and power of steam, or animals, or 
any combination of them ; and may fix, establish, take and 
receive such rates of toll for all passengers and property 
transported upon the same, as the directors shall, from time 
to time, establish ; and the directors are hereby authorized 
and empowered to make all necessary rules, by-laws, regu- 
lations and ordinances that they may deem necessary and 
expedient to accomplish the designs and purposes, and to 
carry into effect the provisions of this act, and for the trans- 
fer and assignment of its stock, which is hereby declared 



132 RAILROADS. 

personal property, and transferable in such manner as sliall 
Le provided bv tlie bydaws and ordinances of said company. 

Tacancy. >j cK In case of death, resignation or I'emoval of the 

president, vice-president, or any director, at any time before 
the annual election, such vacancy shall be tilled for the re- 
mainder of the year, whenever they may happen, by the 
board of directors ; and in case of absence of the ])re&ident 
and vice-president, the board of directors shall have power 
to appoint a president^>/Y; tempore^ who shall have and ex- 
ercise such powers and functions as the bj-laws of the said 
corporation may provide, in case it should at any time hap- 
pen that an election shall not be made on any day on v.diich, 
in pursuance of this act, it ouglit to be made, the said corpo- 
ration 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. 

oojsing of I 10. AYheneverit shall be necessary for tlie cunstruction 
of said railroad to intersect or cross a track of any (jther rail- 
road, or stream of water, or water-course, or rr)ad or high- 
way, on the route of said railroad, it shall be lawful for tlie 
company to construct their railroad across or upon the same: 
Provided^ the said railroad shall restore the railroa'^b stream 
of water, water-course, road or highwa}', thus intersected 
or crossed, to its former state, or in a sufficient manner not 
materially to impair its usefulness. 

Consolidation. ^ n. gaid compauy shall have power and it is hereby 
made lawful for said company to unite O]' consolidate its 
railroad with any other railroad or railroads now constructed 
or being constructed, or which may hereafter be constructed, 
within this or any other state, which may cross or intersect 
the same, or, be built along the line thereof, upon such terms 
as may be mutually agreed upon between the said company 
or any other company, and for that pnrjDose, full power is 
hereby given to said company to nuike and execute such 
contracts with any other company or companies, as V\dll se- 
cure the objects of such connection or consolidations. 

Borrow money. ^ 12. That the Said railroad company, I)y this act incoi'- 
porated, shall have power to borrow money on the credit of 
the company, not exceeding its authorized caj/ital stock, at a 
rate of interest not exceeding ten per cent., ])er annuu], pay- 
able semi-annually, and may execute bonds tlierefor, with 
interest coupons thereto aimexed, and secure the payment 
of the same by mortgage, or deed of trust, on the whole or 
any pai't thereof, of the said railroad, property, jind income 
of the company then existing, or thereafter to be acquired; 
and may annex to said mortgage bonds the privilege of con- 
verting the name into the capital stock of the compan_y, at 
]>ar, at the option of the holders, if such election be signi- 
iied, in writing, to the company, three years before tlie ma- 
turity of said bunds. 



RAILROADS. 133 

§ ]3, That the directors of said company be and they May seii bonds. 
are hereby authorized to negotiate and sell the bonds of 
the said company, at such times and in such places, either 
within or without this state, and at such rates and for such 
prices, as in their opinion, will best advance the interest of 
, the company ; and if such bonds are thus negotiated or sold 
at a discount below their par value, such sale shall be as 
valid and binding on the company, in every respect, as if 
they were sold or disposed of at their par value. 

§ 14:. That the said company in securing the payment Trust deed am 
of said bonds, by a mortgage or deed of trust on the ^^°'^°'^^'^- 
road, property and income of the company, shall have power 
to execute a mortgage or deed of trust, aforesaid, to receive 
the payment of the full amount of bonds which the compa- 
ny may, at the time of said mortgage or deed of trust, bears 
date, or at any time thereafter desire to sell or dispose of, 
and may execute and sell, from time to time, such amounts 
of said bonds and of such dates, and payable to such persons 
as the directors of said company may deem advisable, till 
the whole amount of bonds mentioned in such morto-ase, or 
deed of trust is executed and sold, and the said mortgage or 
deed of trust shall be as valid and effectual to secure the 
paj'ment of the bonds so executed and sold, and every part 
thereof, as if the same, and every part thereof, had been ex- ^ ■ 

ecuted with even date with the said mortgage or deed of 
trust. 

§ 15. This act shall be deemed a public act, and is here- 
by so declared, and shall be favorably construed for all pur- 
posf^s herein expressed and declared in all courts and places 
whatsoever, and shall be in force from and after its passage. 

Approved February 16, 1865. 



AN ACT to incorporate the Cairo and Mound City Railroad Company. In force Feb. 15, 

Section' 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assemhlj/, That Asa 
Eastman, S. Staats Taylor, IST. R. Casey, Isham N. TIaynie, corporators. 
Henry W. AYebb, William P. Halliday and John Q. liar- 
man, and all persons who may become stockholders in the 
corporation hereby created, their successors and assigns, be 
and are hereby declared a body corporate under the name 
of ''The Cairo and Mound City Railroad Company," and by Name and style, 
that name may sue and be sued, contract and bo contracted 
with, adopt a seal and alter it at pleasure, and perform all 
the acts necessary and nsual for corporations to carry out 
the powers herein conferred. 



134 KAILKOx\.DS. 

Capital stock. ^ 2. TliC Capital Siock of said corporation bliall be two 
huiuired thousand dollars, and may be increased by the 
stockholders; and when the smn (jf lit'ty thonsand d^tllars 
of the capital stock has been subscribed, the company may 
be organized by the election of directors and officers. 

]):ivctors. ^ o. The board of directors shall consist of live persons, 

which ma}' be increased to an}^ number, not excet-ding nine, 
each of whom shall be a stockholder ; the officers shall con- 
sist of a president, vice president, secretary, treasurer and 
such other officers and agents or attorneys as the directors 
may appoint ; the duties of the officers and directors may be 
prescribed b}^ the by-laws and ordei'S of the corporation. 
The capital stock shall be divided into shares of one hundred 
dollars each, which shall be deemed jiersonal ]:>ro|)erty, and 
transferable in such manner as may be determined by the 
directors. At all elections and meetings of the stockhold- 
ers, each share shall be entitled to one vote either in person 
or by proxy. 

Line of road. jj 4. The Said Corporation is hereby authorized to con- 

struct, maintain and operate, a single or double track rail- 
road, with convenient side tracks, switches, turnouts, build- 
ings and appendages, in the counties ot* Pulaski and Alex- 
ander, commencing at some convenient point in or near 
Mound City, and running thence on the most eligible route 
to Cairo, and in and along Washington and Commercial 
aveinies to Second street of said city with power to connect 
on Second and Twentieth and Thirty-fourth streets ; and 
said corporation may construct, maintain and operate their 
railroad on such other streets, as the city cijuncil of the city 
of Cairo may designate, upon such terms and conditions, 
with such rights, privileges and exemptions as may by con- 
tract be agreed on from tinjo to time between tlie city coun- 
cil and said corporation. Tlie said corporation shall not 
commence the construction of their railroad until they exe- 
cute and deliver a bond to the city of Cairo in the penal sum 
of twenty-live thousand dollars, with the condition that the 
company shall keep in good repair vrith the like nuiterials, 
and with the same manner as may be recjuired of the owners 
of pr')i>erty, on the savjie street, eight feet in width, where 

AVidth of track, a siugle track is used, arjd sixteen feet in width where a 
double track is used, upon AVashington avenue and Com- 
mercial avenue, within the limits of the city of Cairo. The 
city Council of the city of Cairo shall have power to regulate 
the speed of cars within the limits of said city. 

M-jy unite roads. t^ 5. Tiic said Corporation nuiy unite its road, or nuike 
running arrangeiiients, or consolidate its stock, vrith any 
other railroad company, upon such terms and conditions 
as m;iy Imj mutually agreed o]i ; and it may contract with 
any otiier railroad company, whose railroad crosses or con- 
nects with the said Cairo and Mound City railroad to run 
its cars or to operate the road of such other company; and 



RAILKOADS. 135 

in making running arrangements, may by contract, use the 
powers of either ot the parties thereto. 

§ 6. The said corporation may take, hold and convey now real estate, 
real estate, for the transaction of its business ; and may 
manufacture cars and machinery; it may borrow money, 
and secure the same by deed of trust or mortgage, on any 
of its franchises or property ; the line of road may be divi- » 

ded into two or more divisions, and either, or any one, be 
constructed and operated; and the said corporation may begin 
to construct said railroad at any point upon the line of said 
railroad and complete so much thereof as it may determine. 

§ 7. In case the corporation cannot agree with the own- Right of way. 
ers ot private property for the right of way, the same may 
be condemned and taken, under and according to the pro- 
visions of an act entitled "An act to amend the law con- 
demning right of way for purposes of internal improve- 
ment," approved June 22, 1852. Nothing contained in this i 
act or in any law of this state, shall authorize said company 
to take for the uses and purposes of the company or other- 
wise, or to impair, any portion of the levees or embank- 
ments already constructed and erected, or ^o be constructed, 
around the city of Cairo, by the trustees of the Cairo city 
property, or by any person or corporation, by existing agree- ^ ' ' '^.'^'"' 
ment with them, except by consent of said trustees and of 
the city of Cairo; and the said company shall not construct 
the said railroad within the present corporate limits of Mound 
City, further than one hundred feet, without the consent of 
the city council of said city, except for the purpose of con- 
necting their railroad with that of some other company, in 
which event, the said city council shall, on request of said 
company, designate the street or streets upon and along 
which such connection shall be made; and thereupon the " 
said company shall have power to build and operate their 
railroad upon and along the streets so designated. 

§ 8. This act shall be in force from and after the date of 
its passage. 

Approved February 15, 1865. 



AN ACT to incorporate the Cairo and St. Louis Railroad Company, in force Feb. 16, 

1865. 

Section 1. Be it enacted by the People of the State of 
Illinois^ represented in the General Assembly, That Sharon 
i Tyndale, Isham N. Haynie, Samuel Staats Taylor, John corporators. 
1 Thomas, William H. Logan, William P. Halliday, and Til- 
' man B. Cantrell and their associates, successors and assigns, 
' be and they hereby are created, a body politic and corporate, 
i under the name and style of " The Cairo and St. Louis Rail- ^ame and style. 



136 ExilLROADS. 

road Company," and by that name be and they are hereby 

Powers. made capable, in hiw and in equity, to sue and be sued, 

plead and be impleaded, defend and be defended, in any 
court of law and etjuity in this state or elsewhere ; tu make, 
have and nse a common seal, and the same to renew and 
alter at pleasure; and shall be and hereby are, vested with 
all powers, privileges and immunities, which are or may be 
necessary to construct, complete and operate a railroad with 
double or single track, from the cit}^ of Cairo, to any point 
0])posite the city of St. Louis, in the state of Missouri; 
and for that purpose, to enter npon and take possession of, 
so much land as may be necessary to construct, complete 
and operate said railroad and its appendages; and if said 
company cannot agree with the owner or owners of said 
land taken as aforesaid, it may be lawful for them to pro- 
ceed in the manner now provided by the laws of this state, for 
the condemnation of lands by incorporated companies, and 
may also exercise for said purpose, all such powers as have 
been heretofore, or may be hereafter, conferred upon any 
other railroad company incorporated by the laws of this 
state. 

Capital stock. ^ 2. The Capital stock of said company shall be three 

millions of dollars^ Mdiich may be increased by said compa- 
ny to any sum not exceeding five millions of dollars ; which 
may be divided into shares of one hundred dollars each, 
T/hich shall be deemed personal property, and may be issued 
and transferred in such manner as the board of directors may 
prescribe. 

^'^''e^'^"- ^ 3. The afl'airs of said company shall be managed by a 

board of seven directors, which may be increased to any 

First board. number not exceeding thirteen ; and Sharon Tyndale, Isham 
N. Ilaynie, Samuel Staats Taylor, John Thomas, William 
II. Logan, William P. Ilalliday and Tilman B. Cantrell are 
hereby appointed the first board, who shall hold their offices 
nntil their successors are elected and qualified, in such man- 
ner as may be prescribed by the bydaws of said company. 
Said board shall have the power of electing one of their 
number president, and such other officers as may be pre- 
scribed by the by-laws; and said corporation shall be and is 
lierel)y vested with all the powers conferred npon railroad 
incorpoi'ations by the general railroad laws of the state of 
Illinois, or any amendment now made or hereafter to be 
made tliereto. 

Junction with § 4. Said corporation shall have power to nnite its rail- 
road with any other railroad now constructed, or which shall 
hereafter be constructed, upon such terms as may be mutually 
agreed npon between the companies so connecting; and 
from time to time to borrow such sums of money as may 
be necessary for the purposes of said company, and at any 
rate of interest not exceeding ten per cent, per annum; and 
to issue and dispose of their bonds in denominations of not 



other roaf].- 



KAILROADS. * 137 

less than one hundred dollars for any amount so borrowed ; 
and to mortgage their corporate property, real or personal 
and their franchise, or convey the same by deed of trust, to 
secure the payment of any money so borrowed, or any other 
debt of said company. 

§ 6. Nothing contained in this act, or in any law of this Restrictions. 
state, shall authorize said company to take for the uses and 
purposes of the company or otherwise, or to impair any por- 
tion of the levees or embankments already constructed and 
erected around the city of Cairo, or to be constructed and 
erected by the trustees of the Cairo city property, or by any 
person or corporation under existing agreements with them, 
except by the consent of said trustees and of the city of 
Cairo. 

§ 6. This act shall be a public act, and shall take effect 
and be in force from and after its passage. 

Appeoved February 16, 1865. 



AN ACT to amend an act entitled "An act to incorporate tns Chicago a. id In force Feb. 16, 
Alton Railroad Company," approved February 18, 1861. ■'^^' 

Section 1. Be it enacted ly the People of the State of 
Illinois^ represented in tfie General Assembly^ That an Time and place 
annual meeting of the stockholders and of the bondholders hii°°"^ 
of said corporation, entitled to vote under the provisions of 
the act to which this is an amendment, shall be held in the 
city of Chicago, on the first Monday in April, in each and 
every year, after the passage of this act. Such meetings 
shall be held in pursuance of such notice, and conducted in 
such manner, as the by-laws of said corporation may from 
time to time prescribe. 

§ 2. That at the first annual meeting of the share and Number of tfi- 
bondholders of said corporation, held in pursuance ol the 
provisions of this act, there shall be elected by the stock- 
holders and voting bondholders of said corporation, so many 
directors of said corporation as shall, with the directors 
then in office, make the entire number of directors nine in 
all. Each director, so elected, shall be a bona fide stock- 
holder in said corporation ; and a plurality of the votes 
cast at such election shall be sufficient to elect. At least 
five of the nine directors of said corporation shall be citi- 
zens of the state of Illinois. 

§ 3. The board of directors of said corporation, at the ^^Yrectolf *^' °' 
first meeting thereof held after the election of the directors 
provided for in section two of this act, shall be divided into 
three classes, in the manner following, that is to say : The 
names of three directors shall be drawn by lot from the 



13S 



llAILKOADS. 



whole nninber of directors ; and tlie three directors whose 
iianies are so drawn, in manner aforesaid, shall be and con- 

To'.K 0/ office, tiniie to serve as directors of the said company, for tlie term 
of three years from tlie date of the first annual meeting of 
the stockholders hereinbefore provided for. From the six 
directors remaining after the selection of the first three di- 
rectors, whose names have been selected in the manne:- last 
aforesaid, shall, in like manner, be drawn by lot the names 
of three of such remaining directors ; and these three, so 
drawn, shall be and continue to serve as directors of said 
company, for the term of two years from the time of hold- 
ing the first annual meeting of the stockholders hereinbe- 
fore provided for; and the three directors then remaining, 
after the selection of the six directors, in manner aforesaid, 
shall be and continue to serve as directors of said company, 
for the tei-m of one year from the time of holding the first 
annual meeting of the stockholders hereinbefore provided 
lor. 

Annual eieciion. c< 4-, At cach and evcrv annual meeting succeeding the 
first, held in pursuance of the provisions of this act, there 
shall be elected by the stockholders and voting bondh<»lders 
of the said corporation, three persons, each of whom shall 
be a hona fide siockholder in said company, who shall serve 
as directors of said corporation for the term of three years 
from the date of their election, in the room and stead of 
the three directors whose term of office shall have then ex- 
pired, as provided by this act; and the directors so elected 
shall continue to serve as such until their successors are 
elected, chosen and qualified, in the manner aforesaid. 

Vacancy. | 5_ ^11 vacancics occurring, from vrhatever cause, in 

the board of directors, during the current year, between the 
annual meetings for the election of directors, as hereinbe- 
fore provided, shall and may be filled by and upon the vote 
and selection of a majority of the remaining or continuing 
directors ; and the person or persons so selected to fill such 
vacancy or vacancies, so occurring, as aforesaid, shall be and 
continue to act as director or directors of said company, un- 
til the next annual meeting of the stockholders of said com- 
pany, held as hereinbefore provided ; but in no case shall 
any person l)e elected a director in said company, in pur- 
Buance of the provisions of this section, unless and until 
the name of such person shall have been submitted, in 
writing, to the board of directors, at least one week previous 
to the voting for and election of such person to be director, 
as aforesaid. 

BiecUong. ^ 6. A failure or omission to elect directors of said 

company at the time and in the manner hereinbefore pro- 
vided, in any or either of the cases hereinbefore mentioned, 
shall not be held, deemed or taken to work (>r operate as a 
dissolution of said company or corporation ; but the direc- 
tors in ofiice, as such, at the time immediatelj^ preceding, or 



EAILEOADS. 139 

at tlie time at which, an election of directors slionld, pur- 
suant to the provisions hereinbefore contained, take place, 
shall be and continue to act as directors of said conipany, 
until such election shall be duly held, in pursuance of the 
terms and provisions of this act. 

§ 1. The president of said board of directors shall be President. 
nominated and elected by the members thereof, from their 
own body ; and such election shall be decided by vote or 
ballot, or in such other manner as said board of directors 
may prescribe ; and the person so nominated and elected as 
president aforesaid, shall hold office for the term of one 
year from the date of his election, or until his successor shall 
be duly elected and qualified, 

§ 8. The corporate powers of said corporation shall be Powers vested. 
vested in and exercised by by the president and board of 
directors elected and chosen as aforesaid, in the manner , 
hereinbefore provided. Said president and board of direc- 
tors shall have power to call special meetings of the stock- 
liolders and voting bondholders of said company, when- 
ever it is deemed expedient so to do, and to prescribe all 
rules, regulations and by-laws which may be necessary and 
proper for the administration of the affairs of said corpora- 
tion, or for the complete exercise of the corporate powers 
vested in the same. A majority of said board of directors 
shall constitute a quorum for the transaction of business. 

§ 9. The said corporation are hereby authorized and Douwe track. 
empowered to build a second or double track along the en- 
tire line of railroad now^ operated by it, between the city of 
Chicago and the terininus of said line, on Bloody Island, ' 
opposite the city of St. Louis, in the state of Missouri. 
The said double track may be built, from time to time, 
along the portions of said line where, in the opinion Oi ''he 
board of directors, the traffic of said company shall m^, t 
require it. 

§ 10. The capital stock of said corporation may be in- Ct, tai stock. 
creased, from time to time, by and with the written consent 
of three-fourths of the stockholders of said company, to an 
amount not exceeding the cost of the railroad of said com- 
pany, its appendages, and other property now held by said 
company, or which may hereafter be purchased or acquired ; 
and such additional stock may be sold, or otherwise dis- 
posed of, in such manner as a niajority of the directors of 
said corporation may deem expedient. 

§ 11. Section fourteen of the act entitled "An act to in- Sec.i4 repealed. 
corporate the Chicago and Alton Eailroad Company," is 
hereby repealed. 

§ 12. This act shall be deemed a public act, and shall 
take effect from and after the date of its passage. 

§ 13. Isothing in this act shall be so construed as to Reservation, 
give permission to said company to lay down any track or 
tracks in, upon or across any street, public landing or pub- 



140 EAILROADS. 

jic ground in any town or ciry, -witlioiit the consent of tlie 
duly constitrtted anthorities of sucli town or city lir^t had 
and obtained nor to annul any arrangement or contra :ts 
now binding on said company. 
Ari'KuVED February 10, 181)5. 



la force Ft-ij. 16, AX ACT to inc irporate the Chicfigo, Danville and Vinceuncs Railroad 
•'^^''- Company. 

Section 1. Be it enacted by the People of the State of 
Illinois^ re pi' evented in the General Assembly^ That "William 

Corporators. J). Judsou, Joscph E. Youug, Jamcs M.Walker, Joseph Pe- 
ters, John C. Short, Alvan "Gilbert, C. A. Lake, James K. 
liichie, AVilliam Kile, and their associates, snccessoi'S and 
assigns, are hereby created a body politic and corporate, by 

Name and style, the uauic and stylo of " Tlic Cliicago, Danville and V^in- 
cennes Railroad Company," with perpetual successioii ; and 

Powers. by that name l-e and are hereby made capable, in law and 

equity, to sue and be sued, plead and be impleaded, defend 
and he defended, in any court of law and equity in this 
state, or any other place ; to make and use a common seal, 
and the same to alter and renew at pleasure ; and shall be 
and are hereby vested wdth all powers, privileges and im- 
munities, which are or may be necessary to carry into effect 
the purposes and objects of this [ict, as hereinafter set forth; 

Single and and Said couipauy are liereb}' authorized and empoAvered to 
locate, construct and complete a railroad, with a single or 

Route. double track, from a iMjint in Lawrence county, on the Wa- 

bash river, opposite Yincennes, in the state of Indiaiui, upon 
the most eligible route, to and into the city of Chicago, by 
way of Paris, in Edgar county, and Danville, in Yermilion 

Width of road, county ; and, for this purpose, the said company are author- 
ized to lay out and locate their said road, n.ot exceeding one 
hundred feet in width, through the whole length of said 
route ; and for the purpose of cuttings, embankments, stone 
and gravel, may take and appropriate as much more land as 
may be necessary for the construction and security of said 
road. 

Capital block. ^^' ij. The ca})ital stock of said company shall consist of 

one million of dollars, wdiich may be increased to any 
amount not exceeding the actual estimated cost of construct- 
ing and equi[)]>ing their said road, to l)e divided into shares 

Directors. of ouo liuiidred dollars each. All the corporate powers of 

said company shall be vested in and exercised by a board 
of not less than five nor mr)re than thirteen directors, who 
shall be chosen by the stockholders of said company, in the 
manner hereinafter provided, who shall hold their offices for 



KAILKOADS. I4.I 

one year, or until their successors shall be elected and qual- 
itied ; and said directors, a majority of whom shall form a Quorum. 
quorum for the transaction of business, shall elect one of 
their number to be the president of the company; and said 
board of directors shall have power to appoint all necessary 
clerks, secretary, treasurer and all other ofhcers deemed ne- 
cessary in the transaction of the business of said company. 

§ 3. The said corporation is hereby authorized, by their 
agents, surveyors and engineers, to cause such examinations 
and surveys to be made of the ground and country", as shall 
be necessary to determine the most desirable route wliere- 
on to construct their said i-ailroad ; and it sliall be lawful 
for said company to enter upon and take possession of, and 
use all such lands and real estite as will or may be neces- 
sary for the construction and maintenance of the said rail- 
road, its depots, side tracks, water stations, engine houses, 
machine shops, and other buildings and appendages neces- 
sary- to the construction of said railroad : Provided^ that Proviso. 
all lands or real estate entered upon and taken possession of 
by said corporation, for the purpose and accommodation of 
said railroad, or upon which the site for said railroad shall 
have been located or determined by said corporation, shall 
be paid for by said company, in damages, if any be sus- 
tained by the owner or owners thereof, by the use of the 
same, for the purposes ot said railroad ; and all lands entered 
upon and taken for use of said corporation, which are not 
donated to said company, shall be paid for by said corpora- 
tion, at such prices as may be mutually agreed upon by the 
said corporation and the ovv-ner or owners of such lands ; 
and, in case of disagreement, the price shall be estimated, 
fixed and recovered, in the manner provided for taking 
lands for the construction of public roads, canals and other 
public works, as prescribed by the act concerning the right 
of way, approved March 3, 1815, and the amendment 
thereto, approved June 22, 1852. 

§ 4:. If any person shall willfully, maliciously, or wan- Malicious mis- 
tonly, or, contrary to law, obstruct the passage of any car °^''^'^' 
on said railroad, or any part thereof, or anything belonging 
thereto, or shall damage, break or destroy any part of tlie 
said railroad, or implements, or buildings, he, she or they, 
or any person assisting, shall forfeit and pay to said com- 
pany, for every such offense, treble the amounc of dam- 
ages that shall be proven before any competent court to 
have been sustained, and be sued for in the name and be- 
half of said company ; and such offender or offenders shall 
be deemed guilty of a misdemeanor, and shall be liable 
to an indictment in the same manner as other indictments 
are found, in any county where such offense shall have been Fines. 
Committed; and, upon conviction, every such offender shall 
be liable to a fine not exceeding five thousand dollars, for 
the use of the county where such indictment may be found, 



142 KAILKOADS. 

and luav bo imprisoned in the connty jail for any time not 
exceediiio: six months, at tlie discretion of the cuurt. 
Annual meetin-. ^ 5. The time of holdijig tlio annual meeting of said di- 
rectors sliall be tixed and determined by the Ijy-laws of said 
company. And at all meetings each stockholder shall be 
entitled to vote, in person or by lawful proxy, one vote for 
each share of stock be, she or tliey may hold, Ijona fide^ in 
said compan}^, upon which all installments called have been 
paid. 
rooks opened. ^ (). The pcrsous named in tlio Urst section of this act 
are hereby appointed commissioners, who, or a majority of 
them, are hereby authorized to open, or cause to be opened, 
subscription books for the stock of said compaiiy, at such 
time and place as they may think proper; and, also, to ap- 
point one or more agents to open such books and receive 
sucii subscriptions. The said coiiimissioners, or their agents, 
shall require each subscriber to pay live dollars, or execute 
a note therefor, (as they shall determine,) on each share 
subscribed, at the time of subscribing ; and whenever fiftv 
thousand dollars shall be subscribed, the said commissioners 
shall call a meeting (or a majority of them shall,) of the 
stockholders, by giving ten days' notice in some newspaper 
printed in the city of Cldcago, orl)y personal notice, served 
upon eacli of the stockholders, <ji the time and place of 
holding such meeting, at least live days previous to the 
* time of such meeting ; and at such meeting it shall be law- 

ful for the stockholders to elect the directors of said com- 
pany, and transact any other necessary business ; and when 
the directors are chosen, the said commissioners shall de- 
liver saidi subscription books, with all sums of money and 
notes received by them, or by any agent appointed by them 
as commissioners to said directors. Xo person shall be a 
director unless he shall be a honajide stockholder in said 
company. 

§ T. The directors of said company, after the same is 
organized, are herel^y authorized and empowered to take 
and receive subscriptions to their said capital stock, on such 
terms and in such amounts as they may deem for the inter- 
est of said company, and as they may prescribe by their 
bydaws or regulations, from any other railroad company or 
corporation, and from any county, city, town or village 
making the same; and may acquire, by donation, stock sub- 
scription or purchase, and dispose and convey, as they may 
deem expedient, real estate aiid coal and mineral lands, not 
exceeding one thousand dollars. 
?«i?ht f Tvay. g 8. That the right of way and the real estate purchased 

for the right of way or other purposes, by said company, 
whether by mutual agreement, or otherwise, or wdiich shall 
become the ])roperty of said company by operation of law, " 
as in this act ])rovided, shall, upon payment of the amount 
of money belonging to the owner or owners of said lands, 



SiibscriptioD 
stock.' 



EAILEOADS. 143 

as a compensation for the same, become tlie property of 
said company in fee simple. 

§ 9. The said corporation may take and transport, on By-iawg. 
said railroad, any person or persons, merchandise or other 
property, by the force and power of steam or animals, or 
any combination of them, and may fix, establish, take and 
receive such rates of toll for all passengers and property 
transported upon the same, as the directors shall, from time 
to time, establish ; and the directors are hereby authorized 
and empowered to make all necessary rules, by-laws, regu- 
lations and ordinances, that they may deem necessary and 
expedient to accomplish the designs and purposes, and 
to carry into effect the provisions of this act, and for the 
transfer and assignment of its stock, \vhich is hereby de- 
clared personal property, and transferable in such manner " 
as shall be provided by the by-laws and ordinances of said 
company. 

§ 10. In case of death, resignation or removal of the vacancies, 
president, vice-president, or any director, at any time before 
the annual election, such vacancy shall be filled for the re- 
mainder of the year, whenever they may happen, by the 
board of directors; and in case of absence of the president 
and vice-president, the board of directors shall have power 
to appoint a president pro tempore, who shall have and 
exercise such powers and functions as the b_y-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. 

§ 11. Whenever it shall be necessary, for the construe- crossings, 
tion of said railroad, to intersect or cross a track of any 
other railroad, or stream of water, or water-course, or road 
or highway, on the route of said railroad, it shall be lawful 
for the company to construct their railroad across or upon 
the same : Provided, the said railroad shall restore the rail- Proviso. 
road, 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 usefulness. 

§ 12. Said company shall have power, and it is hereby Consolidation. 
made lawful for said company, to unite or consolidate its 
railroad, stock and property, with that of any other railroad 
company or companies within this or any other state, whose ^ 

line or lines of road may cross or intersect the railroad 
hereby authorized, or be built along or near the line thereof, 
upon such terms as may be mutually agreed upon between 
the said company and any other company ; and, for that 
purpose, full power is hereby given to said company to 
make and execute such contracts with any other company 
or companies as will secure the objects of such connec- 



144 RAILROADS. 

tioii or consolidiitioiis ; and such consolidating companies 
s^hall have autlioritv, and are hereby authorized, to avail 
themselves of any or all the provisions of an act entitled 
"An act to authorize railroad and plankroad companies to 
consolidate their stock," approved February 28, 1854. 

Borrow mouey. s;< 13. That tlie Said railroad company, by this act incor- 
porated, shall have power to borrow money, on the credit 
of the company, not exceeding its authorized capital stock, 
at a rate of interest not exceeding ten per cent, per annum, 
payable semi-annually, and ma_y execute bonds therefor, 
with interest coupons thereto annexed, and secure the pay- 
ment of the same by mortgage or deed of trust on the whole, 
or any part thereof, of the said railroad, property, and income 
of the company, then existing or thereafter to be acquired ; 
and may annex to said 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 election be signi- 
fied in writing, to the company, three years before the ma- 
turity of said bonds. 

i^ 14. That the directors of said company be and they 
are liereby authorized to negotiate and sell the bonds of the 
said company, at such times and in such places, either 
within or without this state, and at such rates, and for such 
prices, as, in their o])inion, will best advance the interest of 
the company ; and if such bonds are thus negotiated or sold 
at a discount below their par value, such sale shall be as 
valid and binding on the compan}', in every respect, as if 
tliey were sold or disposed of at their par value. 

De«dg of trust. g 15. That the said company, in securing the payment 
of said bonds, by a mortgage or deed of trust on the road, 
pro])erty and income of the company, shall have power to 
execute a mortgage or deed of tiust, aforesaid, to secure 
the payment of the full amount of bonds which tlie com- 
])any may, at the time the said mortgage or deed of trust 
bears date, or at any time thereafter, desire to sell and dis- 
]iOse of; and may execute and sell, from time to time, such 
amounts of said bonds, and of such dates, and payable to 
such persons, as the directors of said company may deem 
advisable, till the whf»le amount of bonds mentioned in 
such mortgage or deed of trust is executed and sold; and 
tlie said mortirafre or deed of trust shall be as valid and 
efiectual, to secure the payment of the bonds so executed 
and Sold, and every part thereof, as if the same, and every 
part thereof, had been executed with even date vritli the 
said mortgage or deed of tru^t. 

§ K;. This act shall be deemed a public act, and is 
hereby s<j declared, and shall be favorably construed for all 
pm-j>oses herein exj>ressed and declared, in all courts or 
idaces whatever, and shall be in force from and after its 
passage. 

Ari'ROVED February 10, 18G5. 



RAILROADS. 145 

AN" ACT to authorize the Chic.igo, Burlington and Quincy Railroad Cona- in force Feb. IC, 
pany to take up that portion of its road between Batavia, in Kane county, ^3C5. 

and the Junction, in DuPage county, and to extend its railroad from such 
point in the town of Batavia, on its present line, to a point they may se^ 
lect, on the line of the North-Western (late the Galena and Chicago Union) 
Railroad, Illinois. 

Section 1. Be it enacted hy the People of the State of 
Illinois, Tcpresented in the General Assembly, That the Chi- 
cago, Burlington and Quincy Raih'oad Company shall have Part of road dis 
power, and is hereby authorized, to take up and discontinue '=°°''°"«'J- 
that part of its railroad lying between Batavia, in Kane 
county, and the junction with the Chicago and North-West- 
ern (late the Galena and Chicago Union) Railroad, in Du< 
Page county : Provided, it shall, at the same time, or im- 
mediately thereafter, which it is empowered to do, extend, 
construct and maintain its railroad from such point on the 
present line, in the town of Batavia, as it may select, norths 
wardly, via St. Charles, to a point on the Chicago and 
JSTorth-Western (late the Galena and Chicago Union) Rail- 
road, at such place, east of Fox river, as said company may 
determine upon. 

§ 2. The said Chicago Burlington and Quincy Railroad continuance of 
Compan}^, in the extension of its said railroad, and in the p°^^'^- 
construction, operation and maintenance of such extension, 
shall have, possess and exercise all the powers, rights and 
privileges, immunities and franchies, now or at any time 
possessed, held or enjoyed by it during its existence under 
its charter, or amendments thereto, or by or under the laws 
of this state. 

§ 3. This act shall be deemed a public act, and shall 
take effect and be in force from and after its passage. 

Approved February 16, 1865. 



AN ACT to authorize the Chicago, Burlington and Quincy Railroad Cora- In force Feb. 15, 
pany to take up that portion of its road between Batavia, in Kane county, ^^^• 

and the Junction, in DuPage county, and to extend its railroad from such 
point in the town of Batavia, on its present line, to a point they may se- 
lect, on the line of the North-Western (late the Galena and Chicago Union) 
Railroad, in Kane county, Illinois. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Asseinhly, That the Chi- 
cago, Burlington and Quincy Railroad Company shall have Part of road dis- 
power, and is hereby authorized, to take up and discontinue *='*°"°"^'^- 
that part of its railroad lying between Batavia, in Kane 
county, and the junction with the Chicago and JN"orth- West- 
ern (late the Galena and Chicago Union) Railroad, in Du 
Page county : Provided, it shall, at the same time, or im- 
mediately thereafter, which it is hereby empowered to do, 
— *11 



l-il^ RAILROADS. 

extend, construct raid maintain its railroad from sucli point 
on the present line, in the town of Bitavia, as it may select, 
nortlnvardly, via St. Charles, to a point on the Chica2;o and 
North-Western (late the Galena and Chicago Uiiion) Rail- 
road, at such place in the county of Kane, east of Fox river, 
as said company may determine npon, not further north 
than the junction of the Fox River Valley road, so called, 
with the said Galena and Chicago Union Railroad, late so 
called. 
Rights and pow- § 2. TIic Said Chicago, Burlington and Quinc}' Railroad 
ers contmued. Q^j-^^jpr^^^iy^ {^L ^\^q extcusiou of Its Said railroad, and in the 
construction, operation and maintenance of such extension, 
shall have, possess and exercise all the powers, rights, privi- 
leges, immunities and franchises, now or at any time pos- 
sessed, held or enjoyed by it, during its existence under its 
charter, or amendments thereto, or by or under the laws of 
this state. 

^ 3. This act shall be deemed a public act, and shall 
take ett'ect and be in force from and after its ]iassage. 
TaiifF rishts. § -1, The right to regulate the tariff for transporting 

freight and passengers on so much of said railroad as is by 
this" act relaid, is expresslv reserved to the general assem- 
bly. 

Approved February 15, 1S65. 



In force Feb. IG, AX ACT to authorize the Chicago, Burlington and Quinoy Railroad Com- 
■'^'-''- pany to extend its rrilroad from Aurora to Morris. 

Section 1. Be it enacted by tJie People of the Stale erf 
Illinois^ rejnesented in the Genercd Assembly^ That the Clii- 
Extensioa of cago, Burlingtou and Quincy Railroad Company shall have 
■[jower to extend, construct and maintain its railroad, from 
Aurora, in Kane county, to Morris, in Grundy county, on 
such a route as it may select. 
Rights ami row- ^' 2. Thc Said Chicago, Burlington and Quincy Railroad 
era continue . Q,>,j^p.^^y^ j^^ |-|^(3 cxteusion of its Said railroad, and the con- 
struction, maintenance and operation of such extension, 
shall have, possess and exercise all the powers, rights, privi- 
leges, immunities and franchises, now or at any time pos- 
sessed, held or enjoyed by it, during its existence under its 
charter, or amendments thereto, or by or under the lavs of 
this state. 

§ 3. This act shall be deemed a public act, and shall 
take effect and be in force from and after its passage. 
Approved February 10, 1805. 



RAILROADS. I4.7 

AN ACT to amend the charter of the Chicago and Great Eastern Railway in force Feb. 16 

Company. 1865. ' ' 

Whekeas the Chicago and Great Eastern Railway Cora- Preamble, 
pan J, heretofore become a body politic and corporate, 
under and by virtue of the laws of the states of Illinois 
and Ind ana, by the consolidation of the Galena and Illi- 
nois Kiver Railroad Company, of this state, with the Chi- 
cago and Great Eastern Railway Company, of Indiana, 
under articles of consolidation, duly executed by said 
consolidating companies, of the date of October 30, a.d. 
1863, and filed with the secretary of state, as required by 
law ; and whereas said Chicago and Great Eastern Rail- Preamble 2. 
way Company, under the powers, privileges and fran- 
chises granted to it, through the charter of the Galena 
and Illinois River Railroad Company, can have but five 
directors, and it is desirable to have a greater number in 
the management of its affairs : therefore, 
Section 1. Be it enacted hy the People of Hie State of 
Illinow, represented in [the'] General AssefnUy, That the Chi 
cago and Great Eastern Railway Company shall have power increase of di- 
and be authorized by a vote of its stockholders, at any an- ^^^^°'^^- 
nual or special meeting at which a majority of its stock 
shall be represented, to increase its directors to any number '^ 

not exceeding thirteen ; and at such meeting, or at the next 
annual meeting of said stockholders, there shall be elected 
so many directors as may be required to make up the whole 
number of directors agreed upon to constitute the board of 
directors of said Chicago and Great Eastern Railway Com- 
pany. 

§ 2. It shall be lawful for the meetings of the stock- Time and piacc 
holders, directors or officers of said Chicago and Great ° "meeting. 
Eastern Railway Company to be held within or without this 
state, at such times and places as the by-laws of said com- 
pany, or the board of directors, may from time to time ap- 
point ; and the board of directors of said Chicago and Great 
Eastern Railway Company shall have power to fill vacancies 
in its own body, occasioned by death, resignation or other- 
wise. 

§ 3. That the rate of speed at which the trains and lo- Rate of speed, 
comotives of the Chicago and Great Eastern Railway Com- 
pany may be run, within the limits of the city of Chicago, 
shall be under the control of the common council, or other 
proper authorities of said city: Provided, however^ that 
such control of said common council, or other authorities of 
said city of Chicago, shall not extend west of the east line 
of the township of Cicero, in the county of Cook, nor be 
exercised west of the limits of said city, or within the said 
township of Cicero, as now organized and existing in the 
said county of Cook. 



148 RAILROADS, 

Restrictions. § 4. The Toad hereby authorized to be constructed shall 

be subject to all general laws that may hereafter be passed 
by the general assembly of this state, regulating the rates 
of tariti' on freight and passengers of said raih'oad companies. 

§ 5. This act shall be deemed a public act, and shall 
take effect and be in force from and after its passage. 

Approved February 16, 1865. 



la force Feb. 15, AX ACT to extend the powers of the Chicago and Xorthv^ostern Railway 



1S05. 



Couipauy. 



Section 1. Be it enacted by the Feoijle of the State oj 
Illinois^ represented in the Oeneral Assembly , That the Chi- 
Bridge ofChica- cago aiid Nortli\yestern Kail way Company is hereby author- 
go riYer. .^^^1 ^^ construct and maintain a railroad bridge across Chi- 
cago river, in the city of Chicago, at such point east of Rush 
street, as shall be found most eligible and convenient for the 
purpose of connecting the tracks of said company with those 
PioYiso. of other railroads terminating in said city : Promded^ that 
said bridge shall not be constructed until the plans and loca- 
tion thereof shall have been submitted to and approved' by 
the common council of said city ; and in the use of said 
bridge for railroad purposes, said company shall be entirely 
subject to such restrictions and regulations as the said com- 
mon council shall provide: And^ j'j>?'(9^'/(76<:Z, further^ that by 
consent of said common council said bridge may be used for 
other than railroad purposes. 
^^(jditionai lands § 2. Said compauy shall have the right to acquire and 
hold, in the city of Chicago and elsewhere, such additional 
lands as shall be, from time to time, necessary for depots, 
engine houses, shops, side-tracks and turnouts, or anj^ exten- 
sion or enlargement thereof, and for such other purposes as 
are incident and convenient to the management of the lines 
Powers. of railroad of said company ; and in the acquiring of such 
lands said company may exercise all the powers heretofore 
vested in the Galena and Chicago Union Railroad Company 
now consolidated with said Chicago and ^Northwestern Rail- 
way Company. 
Mayctiango and % 3. Said Chicago and ISTorth western Railway Company 
-oiocate road. -^^ hereby authorized to change, relocate or take up such of 
its tracks, side-tracks or branches as it may deem necessary 
for the convenient management of its business; and said 
company as now consolidated, may have and exercise all 
the powers heretofore conferred by the laws of this or any- 
other state upon the Chicago and Xoith western Railway 
Company, and the Galena and Chicago Union Railroad 
Company, or any other company consolidated with it. 



RAILROADS. 149 

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

Approved February 15, 1865. 



AN ACT to incorporate the Chicago Sterling and Warsaw Railroad Com- in force Feb. 16 

pany. 1865. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Asseiribly, That Jesse 
Penrose, Nelson Mason, John Roy, David Gochervur, Wil- corporators. 
liam A. Patterson, Milton T. Hunt and George Edmonds, 
jr., of Hancock county, and James Dinmore and Eobert C. 
Andrews, of Whiteside county, and their associates and 
assigns, be and they are hereby created a body politic and 
corporate, by the corporate name and style of " The Chicago, Name and style. 
Sterling and Warsaw Railroad Company," and are hereby 
vested in their corporate capacity, with all the powers, pri- powers, 
vileges and immunities conferred upon railroads heretofore 
or hereafter incorporating under the general railroad laws of 
this state, and are hereby authorized and empowered to con- 
struct, reconstruct, locate and relocate, operate, equip and 
maintain a railroad with one or more tracks, from any point 
within or near to the corporate limits of the city of Chicago, 
in Cook county, to Sterling, in Whiteside county, thence Route. ' ''•' "" 
to War aw, as the company may choose, with power to con- 
nect and consolidate and merge on such terms as may be 
agreed upon their stock or road with any road whose track 
they may cross or approach. 

§ 2. Said company, by their corporate name, shall have corporate rights 
perpetual succession, and by such name and style shall be 
capable in law as well as equity, of suing and being sued, 
impleading and being impleaded, and may adopt, have and 
use a common seal, and alter the same at pleasure ; and may 
have and exercise all the corporate rights and franchises 
necessary to enable them to carry out the powers herein 
conferred. 

§ 3. This corporation shall be assessed and taxed for Property taxable 
state, county, town and other purposes, the same as other 
railroad corporations are now or hereafter may be by law, 
and they may condemn for the purposes of said road in the 
manner provided by act of June 22, a. d. 1852, 

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

Approved Feb. 16, 1865. 



150 KAILKOADS. 

In farce Feb. 10, AX ACT to incorporate the Clayton and Rusliville Railroad Companr. 
1S65. 1 J 1 . 

Section 1. Be it enacted hy the People of tJie State of 
Illinois^ re2?resented in the General Assembly^ That Lewis 

coipoi-atois. D_ Erwin, King Kerley, Hiram Boyle, Henry L. Warren, 
and Tliomas L. Morris, and their associates, snccessors and 
assigns, are hereby created a body corporate and politic, 
under the name and style of "The Clayton and Hushville 

Name and sti'ie. Railroad Company," with perpetual succession, and by that 
name shall be and they are hereby made capable in law and 

Powers and {^ efiultv to suc and be sued, plead and be impleaded, defend 
and be defended, in any court of law and equity ni this state 
or any other place; to take, purchase, hold, lease, sell and 
convey estate and property, whether real or personal or 
mixed, so far as tlie same may be necessary for the purposes 
hereinafter mentioned ; to make, have and use a common 
seal, and the same to renew and alter at pleasure ; and shall 
be and are hereby vested with all the powers, privileges 
and immunities which are or may be necessary to carry into 
effect the purposes and objects of this act, as hereinafter set 

Location of road f^j.j-]-^. c^^^ j-j^g s^kI compauy are hereby authorized and 
empowered to locate, construct and finally complete a rail- 
road with one or more tracts, commencing at Clayton, in 
Adams county, in the state of Illinois, and running thence 
on the most eligible route through the township of Pea 
nidge to liushville, in Schuyler county, in the state of Ihi- 
nois, and for that purpose said company are authorized upon 

Width of road. ^]jQ most eligible route, to layout their said railroad, not 
exceeding one hundred and fifty feet in width, and for the 
purpose of cuttings, embankments, stone and gravel may 
take as much more land as may be necessary for the proper 
construction and security of said railroad ; and said company 
are authorized to commence operations at either end of said 
road, or at any point thereon, and to construct, operate and 
use the said road in portioas, sections or divisions, of such 
length as in the opinion of said company may seem most 
expedient. 

Capital stock. $ 2. The Capital stock of said company shall be fifty 
thousand dollars, which may be increased from time to time, 
by a vote of a majority in interest of stockholders, at their 
annual meeting, or at any special meeting that may be called 
by the directors of said company, to any sum not exceeding 

Diiectors. ouc milHoTi dollai's, (Si, 000,000). The immediate govern- 

ment and direction of said company shall be vested in five 
directors, wlio shall be chosen ])y the stockholders of said 
company, in the manner hereinafter provided, and 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 president of the company. The 



RAILROADS. 151 

said board of directors shall have power to appoint all neces- 
sary clerks, secretaries and other officers necessary in the officers, 
transaction of the business of the said company. 

§ 3. The said corporation is hereby authorized by its survey of routes 
agents, surveyors, and engineers to cause such examinations 
and surveys to be made of the ground and country along 
the proposed line of said road as may be necessary, and it 
shall be lawful for said company to enter upon and take 
possession of and use all such lands and real estate as may 
be necessary for the construction and maintenance of their 
said railroad, its depots, side-tracks, water stations, engine 
houses, machine shops, and other buildings and appendages, 
necessary to the construction and working of the said road : 
Promded^ that all land or real estate entered upon and taken Powers, 
possession of and used by said corporation for the purposes 
aforesaid, which are donated to said company, shall be paid 
for by said corporation, at such price as may be mutually 
agreed upon by the said corporation, and the owner or own- 
ers of such land, and in case of disagreement, the price shall 
be estimated, fixed and recovered in the manner now provi- 
ded by law, condemning right of way for purposes of inter- 
nal improvement. 

§ 4. The time of holding the annual meetings of said Annual election. 
company for the election of officers and directors shall be 
fixed and determined by the by-laws of said company ; and 
the capital stock of said company shall be divided into 
shares of fifty dollars each, and at all meetings each share 
of stock shall confer a title to one vote to be given by its 
holder, either in person or by proxy : Provided^ that all Proviso, 
installments upon such share which shall have been properly 
called for shall have been paid. 

§ 5. The persons named in the first section of this act Books opened. 
are hereby appointed commissioners, who, or a majority ot 
whom, are hereby authorized to open subscription books for 
said stock at such places as they may deem proper, and shall 
' keep said books open until twenty-five thousand dollars of 
said capital stock shall be taken ; said commissioners shall 
require each subscriber to pay ten per cent, on the amount Ten per cent, 
of his subscription at the time of subscribing. The said *^°'^^'" 
commissioners shall immediately thereafter call a meeting 
of the stockholders by giving thirty days' notice in some 
newspaper printed in Brown county, in the state of Illinois, 
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 commissioners shall deliver said sub- 
scription bookswith all sums of money received by them 
as commissioners to said directors. 

§ 6. If any person shall willfully, maliciously or wan- Malicious mis- 
tonly, and contrary to law, obstruct the passage of any car 
on said railroad, or any part thereof, or anything belonging 
thereto, or shall damage, break or destroy any part of the 



152 EAILROADS. 

said railroad or implements or buildinp'S, he, she or they, or 
any person assistino-^ shall forfeit and pay to said company 
for every such otfense treble the amount of damaii'es that 
shall be proved before any competent court to have been 
sustained, and be sued for in the name and behalf of said 
company, and such offender or offenders shall be deemed 

Tr.aictments. cruiltv of a misdemeauor, and shall be liable to an indictment 
in the same manner as other indictments are found in any 
county or counties v/liere such offenses shall have been com- 
mitted, and upon conviction every such offender shall be 
liable to the pains and penalties in such case by lav,- pre- 
scribed. 

r.^.ion of roads, § T. Said company shall have power to unite its railroad 
at Eushville, with the Peoria and Hannibal railroad, and 
shall have |:)0vrer to unite the same with any other railroad, 
novv' or hereafter constructed within the state on the Hue of 
said road, or at either terminus thereof, upon such terms as 
may be mutually agreed upon between the companies so con- 
necting, and for that purpose full power is hereby given to 
said Company to make and execute such contracts with any 
other com})any as will secure the objects of such connection. 

Rhhtofvray. >^ S- That tliG right of Way aud the real estate ]>urchased 

f<:>r the right of way hy said coinpany. whetlier hy rrmtual 
agreement or other v;ise, or which Siiall become the property 
of the said company by operation of law as in this act pro- 
vided, shall, upon the payment of the aniount of money 
belonging to the owner ov owners of said lands as a compen- 
sation for tlie same, become the property of said company 
in fee simple. 

)$ 9. The said corpfiration nuiy take and trans])ort on 
said railroad, any ])erson or persons, merchandise or other 
pro])erty, by the force and power of steam, or animals, or 
any combination of tliem, and may fix, establisli, take and 
receive such rates of toll lor all passengers and pr<.)perty 
transported upon the same, as the said directors shall from 
time to time establish; and the directors are hereby anthor- 

i;.v-ia-.v5. ized and em})Owered to make all necessary rules, by-laws, 

regulations and ordinances that they may deem necessary 
and expedient to accomplish the designs and purposes, and 
to cari-y into eifect the provisions of this act, and for the 
transfer and assignment of its stock, which is hereby declared 
personal property, and transfei'able in such manner as shall 
be provided b}' the by-laws and ordinances of said company. 

vp.^;,.,f.^.. v? 10. In case of death, resignation or removal of the 

president, xice president, or any director at any time before 
the annual election, such vacancy shall be filled i\>r the 
ren)ainder of the year, whenever they may happen, by the 
board of directors, and in case of absence of the president 
and vice president, the board of directors shall have power 
to ajii^'jint a president, jr/'O tempore^ who shall have and 
exercise such ])0wers and functions as the bydaws of the 



Tolls. 



l.'iri'ls taken. 



KAILKOADS. 163 

said corporation may provide. In case it sliould 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. 

§ 11. That when the lands of any/emme covert^ person Lands taken, 
under age, non combos mentis^ or out of the 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 the last mentioned owners respective- 
ly, whenever the same shall be lawfully demanded, together 
with six per cent, per annum ; that the damage to be paid by 
said conipany for the taking of the land of the persons 
named in this section shall be estimated and assessed in the 
manner now in such case provided by law. 

§ 12. Whenever it shall be necessary for the construe- crossing roads. 
tion of said railroad, to intersect or cross a track of any 
other railroad, or stream of water or water course, or road 
or highway on the route of said road, it shall be lawful for 
the company to construct their railroad across or upon the 
same : Provided, that the said company shall restore the Proviso, 
railroad, stream of water, water course, road or highway, 
thus intersected or crossed, to its former state, or in a suffi- 
cient manner not materially to impair its usefulness. 

§ 13. That the said railroad company, by this act incor-^ Borrow money. 
porated, shall have power to borrow money on the credit of 
the company, not exceeding its authorized capital stock, at a 
rate of interest not exceeding ten per cent, per annum, pay- 
able semi-annually, and may execute bonds therefor, with 
interest coupons thereto annexed, and secure the payment of 
the same by mortgage or deed of trust on the whole or any secm-ity by 
part thereof of the 'said road, property and income of the ^'''■^^^^"^^ 
company, then existing or thereafter to be acquired ; and 
may annex to such mortgage bonds the privilege of convert- 
ing the same into the capital stock of the company, at par, 
at the option of the holders, if such election be signiHed, in 
writing, to the company three years before the maturity of 
said bonds. 

§ li. That the directors of said company be and they seii bonds. - 
are hereby authorized to negotiate and sell the bonds of the 
said company at such times and in such places, either within 
or without this state, and at such rates and for such prices 
as, in their opinion, will best advance the interests of the 
company, and if such bonds are thus negotiated or sold at a 
discount below their par value, such sale and disposition 
thereof shall be as valid and binding on the company, in 
every respect, as if they were sold or disposed of at their -. 
par value. 

§ 15. The directors of said company, after the organiza- Additional capi- 
tion of the same, shall have power to open Ijooks in the '^'- 



154 



KAILEOADS. 



manner prescril)eJ in the sixth section of the act, to fill up 
the additional capital stock or any part thereof, at such times 
as the}^ may deem it for the interest of said company ; and 
all the installments required to be paid on the stock origi- 
nally to be taken, and on that which, by the provisions of 
this act, may be taken to increase said capital, shall be paid 
at such times and in such sums as said directors may pre- 
scribe. 
Width of road. § 1(3. Tlio Vs"i.lth of Said railroad is to be determined by 
the said corporation -within the limits prescribed by the first 
section of this act. 

§ 17. This act shall be considered a public act, and shall 
take effect and be in force from and after its passage, and 
shall be subject to any general law that shall hereafter be 
passed by the general assembly regulating the tariii' for 
transporting freight and passengers over said road. 
Appeoyel) February IC, 1SG5. 



lu force April IS, AX ACT to revive the act to incorporate the Belleville and Illinoistown 
^^^^' Railroad Company, approved February 12, 1S49, and to amend tr.e same. 

Section 1. Be it enaGted hy the Peo'ple of the State of 
llUnois, 'represented hi the General Assembly^ That tlie said 

-^/•t '■f'^ijet^ f'3i' act Ije and the same is hereby revived, and the time limited 
therein for the completion of the railroad provided for in 
said act to live years, be extended another live years from 
the passage of this act. 

Names added. § 2. That there be added to the corporators named in the 

act hereby revived, the following, viz : Sharon Tyndale, 
, John Thomas, Thomas Quick, Abraham A. Yan Wormer, 

and James B. Spear. 

vro-7\io. ^^ 3^ That the powers, rights, privileges and immunities 

granted by the ''Act to incorporate the Belleville and Illi- 
noistown Eailroad Company," approved June 21, 1S52, be 
granted to the corporation hereby created, anything in the 
act hereby revived to the contrary nothwithstanding : Pro- 
vided^ tliat nothing contained herein shall be construed as 
taking away any of said powers, rights, privileges or immu- 
nities from the company incorporated by said act of 1852. 
Appeoved February 16, 18G5. 



y EAILEOADS. 155 

AN ACT to amend the charter of the Belleville and Southern Illinois Rail- in force April IS, 
road, approved February 14, 1857. 1865. 

SECTfoN 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That the tirst 
section of the charter of the Belleville and Southern Illinois Extension of 
Railroad, approved February 14, 1857, be and the same is ^■°*'^- 
hereby amended so as to add at the end of said section the 
following words, viz : "and to extend the same at any time 
to the bank of the Mississippi river. 

Approved February 16, 1865. 



AN ACT to amend sfection number one of the charter of the Belleville and inforceApnllS, 
Southern Illinois Railroad. ^^^^* 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That section 
number one of the charter of the Belleville and Southern Names out ana 
Illinois Railroad, approved February the 14th, 1857, be and 
the same is hereby amended so as to strike out the names of 
"W. W. Roman and J. L. Mann,*' and insert in lieu thereof 
the names of "Nathaniel Niles and William K. Murphy;" 
and further to add to said section, as corj)orators, the names v 

of "T. B. Cantrell, George C. Eisenmeyer, Samuel Holli- 
day, George W. Wall, and Thomas H. Burges." 

Approved February 16, 1865. 



AN ACT to revive the charter of the Bloomington, Kankakee and Indiana In force Feb. 16, 

Railroad Company. ^^^' 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That an act 
entitled "An act to incorporate the Bloomington, Kankakee ^°* revived. 
and Indiana State Line Railroad Company," approved 
February 13, 1855, be and the same is hereby revived and 
re-enacted, and declared to be in full force and efl'ect, with 
the exception of the fifteenth section of said act, which Exception, 
limits the time for commencing and finishing said road. 

§ 2. This act shall be deemed a public act, and take 
efl'ect and be in force from and after its passage. 

Appkoved February 16, 1865. 



156 



EAILROADt 



^" ^"''"iL^"^^''' ■^^'' ^^' -^*^T to incorporate the Danville and Mattoon Railroad Comnany. 

Section" 1. Be it enacted hj the People of tJie State of 
JUinois, Te])7'e8ented in the General xissemhly, That Daniel 
Cla]^p, Joseph G. English and John J. Partlow, of Danville, 

Corporators. Ycrniilion county, Blakey Pilkino-ton, Simeon W. True and 
Stephen D. Dole, of Mattoon, Coles county, J. J. Pember- 
ton, of Oakland, Coles county, Robert E. Barnett, Harvey 
Sanduskey and James Ganes, of A^ermilion county, and 
their associates, successors and assigns, are hereby created a 
body corporate and politic, under the name and style of 

Name and style. ''The DauviUe aud Mattoon Pailroad Company," with per- 
petual succession, and by that name be and the;/ are hereby 
made capable in law and equity to sue and be sued, plead 
and be impleaded, defend and be defended, in ar.y court of 
law and equity in this state or any other place ; to make, 
have and use a common seal, and the same to renew and 

Pcwers. ojtei- n^{ jJcasure; and shall l)e and are hereby vested with 

all the ]io\vers, privileges and innnunities which are or niay 
be necessary to carry into eficct the purposes and objects of 
this act as hereinafter set forth ; and said company are Iiere- 
by authorized and empowered to locate, construct and finally 

Location of road complete a railroad, commencing at Danville, Yermilion 
county, Illinois, or within one mile of that place, and thence 
on the most direct, cheapest and most practicable route to 
Mattoon, Illinois, or within one mile of the said city of Mat- 
toon ; and for this purpose said company is authorized, upon 
the most eligible route, to lay out tlieir said road, not ex- 

widt!. ofroad. cccding ouc hundred feet in width through the whole 
length ; aud for the purpose of cuttings and embankments, 
stone and gravel, may take as much more land as may be 
necessary for the proper construction of said railroad. 

Capital stock. S -• The Capital stock of said company shall consist of 
one million of dollars, to be divided into shares of fifty dol- 

Directors. lars cacii. Thc immediate government and direction of said 

company shall be vested in a board of directors, who shall 
be chosen l)y the stockholders of said company in the man- 
ner hereinafter 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, a majority of 

Quoium. whom shall constitute a quorum for the transaction of busi- 

ness; shall elect one of their number to be president of the 
company ; that said board of directors shall have power to 
appoint all necessary clerks, secretary, treasurer and other 

officerg. olKcers necessary in the transaction of the business of said 

com]>any. 

Purveys. ^* 3. Tlic said Corporation are hereby authorized, by 

their agents, surveyors and engineers, or in person of the 
corporators herein named, to cause such examination of said 
ground and country between the above described points, as 
shall be necessary to determine the most advantageous and 



RAILROADS. 157 

proper route whereon to construct tlieir said railroad ; and 
it shall be lawful for said company to enter upon and take Right of way. 
possession of and use all such lands and real estate as will 
or may be necessary for the construction and maintenance 
of said road, its depots, side tracks, water stations, engine 
houses, machine shops and other buildings and appendages 
necessary to the construction and working of said railroad : 
Frovided^ that all the land or real estate entered upon or Proviso. 
taken possession of and by said corporation, for the purpose 
and accommodation of said railroad, or upon which the site 
of said railroad shall have been located or determined by 
said corporation, shall be paid for by said company in dama- Damages, 
ges, if any be sustained by the owner or owners thereof, by 
the use of the same for the purposes of said railroad ; and 
all lands entered upon or taken for the use of said corpora- 
tion, which are not donated to said company, shall be paid 
for by said corporation at such price as may be mutually 
agreed upon by said corporation and the owner or owners 
of such lands ; and in case of disagreement, the price shall ^ 

be estimated, hxed and recorded in the manner provided 
for taking lands for the construction of public roads, canals 
and other works, as prescribed by the act concerning the 
right of way, approved March 3, 1855, or according to the 
provision of an act entitled " An act to amend the law con- :• 

demning the right of way for the purposes of internal im- 
provement," approved July 22, 1852. 

§ 4. If any person shall willfully, maliciously or wan- wanton miscWef 
tonly and contrary to the law, obstruct the passage of any 
car on said railroad, or any part thereof, or anything be- . . ,,. 

longing thereto, or shall damage, break or destroy any part 
of said railroad, or implements or buildings, he, she or they, 
or any person assisting, shall forfeit and pay to said compa- 
ny, for every such offense, treble the amount of damages that 
shall be proved before any competent court to have been 
sustained, and to be sued for in the name and behalf of said 
company ; and said offender or offenders shall be deemed indictment. 
guilty of a misdemeanor, and shall be liable to indictment 
in the same manner as other indictments are found in the 
county where such offenses shall have been committed; and, 
upon conviction, every such offender shall be liable to a fine 
not exceeding five thousand dollars, for the use of the county . .,, , 

where such indictment may be found, and may be impri- Fines. 
soned in the county jail not exceeding six months, at the 
discretion of the court. 

§ 5. The time for holding the annual meeting of said Annual meeting, 
company, for the election of directors, shall be fixed and de- 
termined by the by-laws of said company ; and at all meet- 
ings each stockholder shall be entitled, in person or by law- .r 
ful proxy, to one vote for each share of stock he, she or they ' 
may hold, hona fide^ in said company, upon which all in- 
stallments called have been paid. 



158 RAILROADS. 

Fiiit directors. ^ 0. Tluit Da]iic4 Chi]>p, Josepli G. Enp:lisb, John J. 
Partlow, Blakey Pilkino-ton, Simeon W. True, Stephen D. 
Dole, J. J. Pemberton, Robert E. Barnett, Harvey Sandus- 
hev and James Gane?; are hereby appointed a b'oard of direc- 
tors, vrho, or a majorit}' of whom, after a meeting duly 
called, shall have power to transact all needful business for 
the interests of said company, for the purpose of building 
said road and running the same, and who shall also have 
power to open subscription books for stock for said company, 
after advertising in newspapers at the termini or on the line 
of said road, or by posting advertisements in conspicuous 
places for not less tlian ten days previous to opening said 
subscription for stock at Oakland, in Coles county, at Mat- 
toon, in Coles county, and at Danville, in Yermilion county. 
Said directors, or their duly appointed agents, may require 
ten per cent, to be paid in cash, or by giving notes, if they 
think necessary, on all stock subscribed to said railroad at 
the time the subscription is taken. And said directors shall 
continue to hold their office till their successors shall be 
elected. 

Right of way. ,^ 7. That tlic right of way and the real estate purchased 

for tlie right of way by said company, whether by mutual 
agreement or otherwise, or which shall become the property 
of said company by operation of law, as in this act provided, 
shall, upon the payment of the amount of money belonging 
to the owner or owners of said land, as a compensation for 
the same, become the property of said company in fee 
simple. 

By-laws. § 8. That Said corporation may take and transport upon 

said railroad any person or persons, merchandise or other 
property, by force and power of steam or animals, or any 
comljination of them ; and the directors are hereby autho- 
rized and empowered to make all necessary rules, by-laws, 
regulations and ordinances that they may deem necessary 
and expedient to accomplish the designs and purposes, and 
to carry into eifect the provisions of this act, and for the 
transfer and assignment of its stock, which is hereby de- 
clared personal prc»perty and transferable in such manner as 
may be provided by the by-laws and ordinances of said com- 
pany. 

Vacancy. § 9. lu casc of the death or removal of the president, 

vice president or any director or directors, at any time be- 
tween the annual elections, such vacancy shall be filled for 
the i-emainder of the year, by the board of directors; and 
in case of absence of the president and vice president, the 
board of directors shall have power to appoint a president 
2)ro tem.^ who shall have and exercise such powers and 

Election.'. functions as the by-laws of said corporation may provide. In 

case it should happen at any time that an election shall not 
be made on the day which in pursuance of this act it ought 
to have been made, the said corporation shall not for that 



RAILROADS. 159 

cause be deemed dissolved, but such election shall be held 
at any time directed b> the by-laws of said corporation. 

§ 10. Whenever it shall be necessary for the construe- crossing other 
tion of said railroad, to intersect or cross a track of any ''°'"^^" 
other railroad, or any stream of water, or road or highway, 
on the route of said road, it shall be lawful for the company 
to construct its railroad across or upon the same : Provided^ 
the said company shall restore the railroad, stream of water 
or water course, or highway, thus intersected or crossed, to 
its former state, or in sufficient manner not to impair its use- 
fulness. 

§ 11. That the said Danville and Mattoon railroad com- Borrow money. 
pany shall have power to borrow money on the credit of 
the company, not exceeding its authorized capital stock at 
a rate of interest not exceeding ten per cent, per annum, 
payable semi-annually; and may execute bonds therefor Execute bonds. 
with interest coupons thereto annexed, and secure the 
payment of the same by mortgage or deed of trust on 
the whole or any part of the road, projierty and income of 
the company then existing, or thereinafter to be acquired ; 
and may annex to such 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 election be sig- ' • 

nihed in writing to the company, three years before the ma- . - 

tiirity of such bonds. 

§ 12. That the directors of said company be and they seii bonds. 
are hereby authorized, to negotiate and sell the bonds of the 
said company, at such times and in such places, either with- 
in or without this state, and at such rates, and for such 
prices, as in their opinion, will best advance the interests of 
the company; and if such bonds are thus negotiated or sold 
at a discount below their par value, such sale and disposi- 
tion thereof shall be as valid and binding on the company 
in every respect as if they were sold or disposed of at their 
par value. 

§ 13. That the said company, in securing the pa3mient Deeds of trust. 
of said bonds by mortg-^ge or deed of trust on the road, 
property and income of the company, shall have power to 
execute a mortgage or deed of trust as aforesaid, to secure 
the payment of the full amount of bonds which the compa- 
ny may, at the time the said deed of trust or mortgage bears ' 
date, or at any time thereafter, desire to sell and dispose of, 
and may execute and sell from time to time, such amounts 
of said bonds, and of such dates, and payable to such per- 
son or persons, as to the directors of said company 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 of trust shall be as valid and ,ef- 
lectual to secure the payment of the bonds so executed and 
sold and every part thereof, as if the same and every part 



IGO RAILROADS. 

tlieroof liad been executed of even date with said deed of 
trust or niorto-ago. 

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

Approved Februarj' 16, 1865. 



In force Feb. IG, _^\^- ^^q'y to amend the charter of the Fulton Railroad Comnanv, approved 
^"^'^ February 21, 1863. 

Sp:gtion 1. Jje it enacted hy the People oj- the State of 
Illinois^ represenUdin the General Assernhly, That the Ful- 
Branch roafi. tou raili'oad Company is hei'cbv authorized and empowered 
to construct and operate a branch railroad, from some point 
on their main line to such point on the line of the Galena 
division of the Chicago and j^orthwestern railroad compan}- 
as the said Fuhon railroad company may select; and all the 
provisions of the charter of the said Fulton railroad compa- 
ny which apply to and authorize the construction and opera- 
tion of the main line of the said company, shall apply to 
the branch railroad hereby authorized to be constructed. 

,^ 2. This act shall Ije in force from and after its passage. 

Approved February 16, 1865, 



In force Feb. 16, AX ACT to authorize the Great Western Eailroad Company of 1859 to in- 
•^-*^'^' crease the capital stock of said company. 

Section. 1. Be it enacted hy the People of the State of 
Illinois, represented in tlie General Assembly^ That the 
stock increased Great Wcstcrn Railroad Company of 1859, be and is liere- 
1)V authorized to increase its capital stock to ilve millions of 
dollars : Provided^ that said company shall not sell any 
part of said stock below par. 

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

Approved Fel;)rnarv 16, 1865. 



EAILEOADS. 1(51 

AN ACT to amend an act entitled "An act to incorporate the Highland and In force Feb. 15, 
St. Louis Raih'oad Company." 18C5. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented m the General Assembly^ That so much 
of the act entitled "An act to incorporate the Highland and Part of act re 
St. Louis Railroad Company," in force, February 12, 1859, ^^^'®^' 
as requires said company to commence one section of its 
said road within five years and to complete the same within 
ten years from the passage of said act, be and the same is 
hereby repealed ; and that section seventeen of the said act, Time extended, 
is hereby so amended, that said company shall commence 
the construction of one section of its said road, within four 
years and complete the same within seven years, from the 
passage of this amendatory act ; and that the organization 
of the company effected under the same, and the rights, 
powers and privileges, conferred upon them by said act, 
shall not be in any wise afl'ected by reason of their not com- 
mencing their work within five years from the passage of 
said act, but shall remain in full force, the same as Tf no 
such limitation had been inserted in said act. 

§ 2. This act shall be held to be a public act, and shall 
be in force from and after its passage. 

Appeoved February 15, 1865. : 



AN ACT to incorporate the Illinois and Fox River Railroad Company. in force Feb le 

1865. 

Section 1. Be it puacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That A. J. 
Joselyn, I. J. Burchell, A. M. Harrington, J. W. Eddy, corporators 
William CofBn, Daniel Yolentine and W. B. Allen, of the 
county of Kane ; John W. Chapman, A. B. Smith, Eobert 
Hopkins and Jacob P. Black of the county of Kendall ; C. 
H. Goold, Perry A. Armstrong, George F. Brown and 
Philip Collins, of the county of Grundy, and their associ- 
ates, successors and assigns, are hereby created a body 
corporate and politic under the name and style of "The llli- Name and style. 
nois and Fox River Railroad Company," and by that name 
may be and are hereby made capable in law and equity, to Powers, 
sue and be sued, plead and be impleaded, defend and be de- 
fended, in any court of law or equity in this state or in any 
other place ; to make, have and use a common seal, and the 
same to renew and alter at pleasure ; and shall be and are 
hereby vested with all the powers, privileges 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 is hereby authorized and empowered Route. 
to locate, survey, construct and complete, a railroad with 
— *12 



16 "2 EAILEOADS. 

one or more tracks and the necessary switches, tnrn tables, 
side tracks, depots and other required buildings and struc- 
tures ; commencing at the city of Elgin, in the county of 
Kane, in the state of Illinois ; running thence south, through 
or near the villages of St. Charles, Geneva, Batavia, and the 
city of Aurora, in the county of Kane ; Oswego, Bristol 
and Yorkville in the county of Kendall, to the city of Mor- 
ris in the county of Grundy, in said state of Blinois ; with 
the privilege of extending said railroad through the coal 
iields south of said city of JMorris, to intersect with the Al- 
ton and St. Louis railroad at some point within the limits 
of said county of Grundy. 

F.ightofway. § 2. For the purposo of acquiring the right of wav, (oue 

hundred feet in width along the entire length of said road,) 
for the construction of said road, with required side tracks, 
turn outs, switches, and grounds for depots, stations and 
other necessary buildings, erections and structures, and for 
the purpose of obtaining stone, gravel or other material for 
grading, ballasting or repairing the same, and right of way 
to said material, the said company is hereby authorized and 
empowered to take, condemn and use the same, under the 
provisions of "An act to amend the law condemning the 
right of way for purposes of internal improvements,"' ap- 
proved June 22, 1852; and should said road intersect 
or cross the track of any other railroad, water course or 
highway, it shall be lawful for said company to construct 

Proviso, their road across or upon the same : Provided^ that said com- 

pany shall restore said railroad track, water course, or high- 
way, so intersected or crossed, to its former state, without 
materially impairing its usefulness. 

Capita! stock. § 3. The Capital stock of said company shall be one 
million dollars, and may be increased for the purpose of 
completing and fully equipping said road, to the sum of two 
millions of dollars and no more. Said stock shall be divi- 
ded into shares of one hundred dollars each. The govern- 
ment and direction of said company shall be vested in seven 
directors, to be chosen annuall_y by the stockholders of said 
company, in the m.anner to be prescribed by the by-laws 
whicli said company may hereafter adopt. 

Books _ of sub- j^ 1:. The incorporators named in this bill are hereby 
scription. authorized to open subscription books for said stock, at such 
places as they may deem proper, until an amount equal to 
one thousand dollars per mile of said road is subscribed, 
when they shall call a meeting of the stockholders, at the 
city of Aurora, having first given thirty days' public notice 
thereof, for the purpose of electing seven directors, to com- 
plete the organization of said company. At said election 
each stockholder shall be entitled to one vote for each share '\ 

oirc-ctora. of st'>ck held. The directors shall organize, by the election 

of one of their number as president, and adopt such rules 
and by-laws for the government of said company as they 

I 



EAILKOADS. 163 

may deem expedient, not conflicting with the laws and con- 
stitution of the state of Illinois. 

§ 5. This act shall be in force from and after its passage. 

Appkoyed February 16, 1865. 



AX ACT to incorporate the lUii^ois River and Pana Railroad Gompany. I° fo»"ce Feb. 16, 



Section 1. Be it enacted hy the People of the State of 
Illinois^ Tei)Tesente(l in the General Assembly ^^ That all such 
persons as may become stockholders, agreeable to the pro- Name and style. 
visions of this act, in this corporation hereby created, shall be 
and for the term of sixty years from and after the passage of 
this act shall continue to Ije a body corporate and politic, by 
the name of " Illinois River and JPana Hailroad Company ; ' 
and by that name shall have succession for the term of 
sixty years as aforesaid ; and by that name may sue and be Powers. 
sued, complain and defend, in any and all courts of law and. 
equity ; may have and use a common seal, and alter the same 
at pleasure ; may make by-laws, rules and regulations for the 
management of property, the regulation of its affairs and 
for the transfer of its stock, not inconsistent with the exist- ^ 

ing laws and constitution of this state or of the United 
States; and may, moreover, appoint such subordinate agents, 
officers and servants as the business of said company may 
require, prescribe their duties, and require bonds for the 
faithful performance thereof. 

§ 2. That Lucius Berr}^, S. TV. Shilling, James Leigh- commissioners 
ton, Alexander Starne, Moses Hainesfurther, Starkey Pow- ° °^^° 
ell, L. E. Worcester, Isaac D. Yedder and I. W. Gregory 
be and they are hereby appointed commissioners for the 
purpose of procuring subscriptions to the capital stock of 
said company, whose duty it shall be, by themselves or duly 
authorized agent or agents, to open books for that purpose, 
giving notice of the time and place where said books will 
be opened, at least thirty days previous thereto, by publica- ' 
tion in such newspapers as said commissioners may desig- 
nate. Said commissioners, or a maiority of them, shall at- inspectors to 

T . . , , . 1 ,1 1 '^ • /• '11 1 open books- 

tend at the place appomted tor the opening or said books, 

and shall continue to receive subscriptions, either per- 
sonally or by such agents as they shall appoint for that 
purpose, until the sum of fifty thousand dollars is sub- 
scribed. The said commissioners shall give twenty days' 
notice, by publication in some newspaper, of an election by 
said stockholders of a board of directors, as hereinafter pro- 
vided, for the management of said company, at such time 
and place appointed for that purpose. The commissioners, 
or a majority of them, shall attend and act as inspectors of 



164: EAILROADS. 

said election, and the stockholders present sLall proceed to 
elect thirteen directors by hallot, and the commissioners 
present sliall certitV the result of such election under their 
hands, which certificate shall bo recorded in the record book 
of said company, aiid shall be sufficient evidence of the 

Term of direct- elcction of the dircctors therein named. The directors thus 
elected shall hold their offices for one year, and until their 
successors are elected and qualified. 

Capital stock. § 3. The Capital stock of said company shall be five 

hundred thousand dollars, which sliall be divided into shares 
of one hundred dollars each, and may be increased by the 
directors of said company to any sum or amount not ex- 
ceedinii: two millions ot dollars, if necessary so to do, for 
the oV)ject of this corporation ; and the same shall be sub- 
scribed for and taken under the direction of the board of 
directors of said company, in such time and place and man- 
ner as they shall from time to time direct. The shares in 
said company shall be deemed and considered personal 
property. 

Annual election. ^ 4. TliG affairs of Said compauy shall be managed by 
a board of thirteen directors, to be chosen annually by 
the stockholders from among themselves. At ail elections 
for directors each stockholder shall be entitled to one vote 
for each share held b}" him, and may vote either personally 
or by proxy. In case of any vacancy in the board of di- 
rectors, the same may be tilled at any meeting of the board. 
Said directors shall choose one of their number as president, 
and may choose such other ctfficers for the corporation as 
they may think necessary, and prescribe their duties. 

Calls on stock. g 5. It shall be lawful for the directors to make calls 
upon the sums subscribed to ths capital stock of said com- 
pany, at such times and in such amounts, not exceeding ten 
per cent, per month, as they shall deem lit, giving at least 
(30) days notice of said calls ; and in case of failure on 
Y^art of the stockholders to make jmyment of any call made 
by said directors, for sixty days after the same sliall have 
been due, the said board of directors are hereby authorized 
to declare said stock so in arrears, and all sums paid thereon 
forfeited to said company. 
outeofroad. jj (;_ The Said compauy siro hereby autlioHzed and em- 
powered to locate and to maintain and operate a railroad, with 
a single or double track, and with such appendages as may 
be deemed necessary by the directors, for the convenient 
use of the same, from Phillips' Ferry, a point where the 
Naples and Hannibal railroad crosses the Illinois river, 
thence to intersect the Jacksonville and Alton raih-oad, 
thence to the town of Pana, in Christian county, and they 
are authorized to survey and determine the lines of said 
road upon such routes as the said company shall deem most 
eligible. 



RAILROADS. 165 

§ 7. The said company are hereby authorized, by their raght of wcy. 
engineers and agents, to enter upon any lands for the pur- 
pose of making the necessary surveys and examinations of 
said road, and to take and hold all lands necessary for the 
construction of said railroad and its appendages,* making- 
just and reasonable compensation to the owners of said 
lands for any damages that may arise to them from the 
building of said railroad ; and in case said company shall 
not be able to obtain the title to the lands through which 
said railroad shall be laid, by purchase or by voluntary 
cession, the said company are hereby authorized to ascer- 
tain and determine the damages sustained by such owner or 
owners, in the maimer as is provided and prescribed by the 
several chapters of the Kevised Statutes of this state enti- 
tled " Eight of Way." 

§ 8. The said company are authorized and empowered Borrow moncr. 
to borrow, from time to time, such sums of money, not ex- 
ceeding the capital stock of said company, as in their dis- 
cretion may be deemed necessary to aid in the construction 
of said road, and to pledge and mortgage said road, or any 
property, effects or franchises of the said company, as se- 
curity for any loan, as aforesaid. 

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

Approved February 16, 1865. 



AX ACT to incorporate the Madison County Railroad. In force Feb. 15, 

1S65. 

Section 1. Be it enacted hy the Peojjyle of the State of 
Illinois^ represented in the General Assembly^ That Andrew 
W. Metcaif, George W. Phillips, Frederick T. Krafft, Ed- corporators. 
ward M. West, William Y. Brown, David Gillespie, Henry 
Hitter, Thomas I. Barnsback, John C. Burroughs, F. B. 
Job, Charles Sebastian, Robert Barth, Thomas Judy, Henry 
C. Moore, WiUiam J. Ball, William E. Hendricks, and Jo- 
seph Gillespie, and such other persons as they may associate 
with them, and their successors, are hereby constituted a 
body corporate and politic, by the name and style of the 
"Madison County Railroad Company," with perpetual sue- Name and style. 
cession, and by that name and style shall be capable, in law Powers. 
or equity, of suing or being sued, pleading or being im- 
pleaded in any suit in law or equity, in this state, and of 
taking, purchasing, holding, leasing, selling, and conveying - 
estate or property, whether real, personal or mixed, so far 
as the same may be necessary for the purposes hereinafter 
mentioned ; and may have a common seal,' and the same 
alter and renew at pleasure ; and may have and exercise all 



li'.Q EAILKOADS. 

tlio powers, rights, privileges and iinniiinitios vrliicL are or 
may be necessary or proper to carry into ett'ect the purposes 
and objects of this act. 

Rniteof road. § 2. The Madison Countj Eaih'oad Company shall have 
full power and authority to locate, construct, finish and main- 
tain a railroad, with one or more tracks, commencing at .-ome 
suitable point at or near the tovv'n of Edwardsviile, in Madi- 
son county, Illinois, and running from thence to a jjoint of 
intersection with either the Belleville branch of the St. 
Luuis. Alton and Terre Haute Railroad, or the St. Louis 
and Alton Kailroad, at any point between the city of Alton 
and East St. Louis, or to the Mississippi river at any point 
between Alton and St. Louis, upon, the most eligible route ; 
and to transport, take and carry ].)roperty and j-ersons upon 
said railroad, by power or force of steam or animals, or any 
mechanical or other power, or combination of them, vrhich 

v,-idtb of road, said couipauy may choose to apply. And for the purpose of 
constructing said railroad or way, said company shall have 
authority to lay out, designate and establish their road, in 
width not exceeding two hundred feet, through the entire 

r.i;ht of way. liuc thcreof, and may take and appropriate to their own use 
all such lands so designated for the line and construction of 
said road, upon hrst paying or tenderling therefor the amount 
of damages as shall be settled by ap|)raisal, in the manner 
provided for l}y the genei'al laws of this state, on all such 
lands or premises as may be taken upon any track upon 
which said road may be located ; and for the purposes of 
cuttings and embankments, and of obtaining stone and 
gravel, may take and apr'ropriate as much more land 
as may be necessary for the proper construction, mainte- 
nance and security of said road ; and for constructing 
shops, depots, and other suitable iixtnres as appurte- 
nant to said road, may take, have, hold and use any 
lands on either or both sides of said road, not exceeding 
three liundred feet in width, said company taking all such 
lands as gifts or purchases, or by making compensation as 
above provided. 

5^af- lands. | 3. Tlic Said couipany sliall have full povv^er and autho- 

rity to enter upon any lands of tlie state, or of any indi- 
viduals, or bodies politic and corporate, and by their ser- 
vants and agents, to make the necessar^y surveys for the 
location and construction of said road, and also for procuring 
the necessary sand, gravel, timber, and other material neces- 
sary for the constructioi], use and maintenance of their road 
and its appurtenances upon the land so appropriated and to 
be used for that purpose. 

Eight ot way. -; 4. Tlie said compaiiy shall have power and autlica-ity 

to condemn, as aforesaid, such temporary right to any land 
as shall be thought necessary, and in estimati]]g the damages 
for the right of w^ay, or other rights claimed under tliis act, 
the commissioners or jury may take into consideration the 



RAILKOADS. 167 

benefits to be derived to the owner or occupier from the 
construction and operation of said road, in pursuance of the 
constitution and laws of this state. 

§ 5. The capital stock of said company shall be one mil- oapitai stock. 
lion of dollars, with the right to increase the same to an 
amount equal to the cost of constructing and equipping said 
road and operating said business, and digging, carrying and 
selling the coal and timber authorized to be done under this 
act, which stock shall be divided into shares of one hundred 
dollars each, and shall be deemed personal property, and 
may be issued, transferred and registered in such manner 
and at such places as may be prescribed by said company, 
which shall also prescribe and provide the time and manner 
in w^hich all subscriptions of stock may be made and paid ; 
and may authorize and conduct all actions and suits at law 
or in equity for the recovery of such subscriptions or install- 
ments, or portions thereof, as they may deem necessary, and 
may in addition declare all stock upon which any install- Forfeited stock. 
ment is due and unpaid forfeited, and the same may be 
transferred, either to said company or to any subsequent 
purchaser thereof, v.'hich proceeding may be had upon, and 
after such notice and the expiration of such time as may be 
provided for by the said company through the board of 
directors. 

§ 6. The above named persons, or a majority thereof, ^^'^t board, 
shall constitute the first board of directors of said company, 
one of whom shall be elected president of the board. The 
first meeting shall be held at Edwardsville, and the subse- 
quent meetings at such times and places as may be provided 
by said company. The first meeting may be held at any 
time when two-thirds of the above named directors shall 
meet together with or without previous notice. Said incor- 
porators or directors shall hold their offices until their suc- 
cessors are elected and qualified, and their successors shall 
be elected and hold office for one year and until their suc- 
cessors are elected and qualified. The directors shall pre- Elections, 
scribe the time and place of elections of directors and of 
the president, secretary, treasurer and other officers of the 
company, and the qualifications of those voting and to be 
voted for. The secretary shall keep and preserve a correct Record, 
record of all the proceedings and doings of the board of 
directors, and of such duties as may be required of him ; 
the book or books in which such records shall be kept shall 
be frimcb facie evidence of the truth of such records in 
any court or place of judicature in this state, wherein such 
company shall be a party. Vacancies in the board of direc- vacancies, 
tors may be filled by two-thirds of the remaining members 
until the next election. The said board of directors may, at 
any meeting, direct the opening of books of subscription to 
the capital stock of the company at such times and places, 
and in such manner and upon such notice as they may deem 



16S EAILKOADS. 

advisable. They shall have power to prescribe the amount 

coraEeEcement whlch shall be paid ill at the time of subscription. They 
may also commence the construction of said road without 
reference to tlie amount of stock whicii may be subscribed 
at the time of such commencement. Said company shall 
have power to appoint a treasurer iud prescribe his duties, 
and shall require bond, with security, for the faithful per- 
formance of his duties, which shall be binding in law and 
equity. Said company shall have power to regulate the 
tolls, charges and rates for the transportation of freight and 
pjassengers upon said road, and may change and alter the 
same at pleasure, provided that due notice of such change 
be o-iven as may be provided for by the board of directors. 
Tlie company shall have the right to build, purchase or hire 
all the necessary rolling stock for the use and operation of 
said road. The said company shall furthermore liave the 
power to purchase and hold, not to exceed two thousand 
acres of land, in the neighborhood or vicinity of their said 
road, for the purpose of mining, transporting and selling 
the coal, timber, or any other mineral or vegetable product 
thereof, but for no other use or purpose whatever ; and the 
said company shall have the power to employ as many 
operatives as are necessary for the purpose of carrying on 
the business of coal mining, cutting timber, boring fo'^, dis- 
tilling and purifying petroleum, coal or rock oil, coal tar, or 
any other product of said land ; and the said company is 
authorized to sell and convey all or any part of said lands, 
and to purchase and hold other lands, from time to time : Pro- 
vided, that said company shall not own at any time more 
than the quantity of land above specified. 

3y-iaw5. ^ 7. Said compau}- shall have power to make, ordain 

and establish such bydaws, rules and regulations for the 
government of the affairs of said conqjany, as may be 
deemed proper and not inconsistent with the constitution 

Crossing other and laws of tliis state or of the United States. It may cross 
with its road any other railroad, highway, dike, embank- 
ment or water course, so as not so im])air its usefulness. 
The ]jroperty of said company shall be liable to taxation as 
other property, and the secretary thereof render to the 
county Court of Madison county, UHnois, whenever re- 
quired, a statement, under oath, of the cost of construction 
and equipment of said road, and the value of the rolling- 
stock and other pro})erty of the com])any ; upon which oath, 
if willfully and knowingly false, })erjury may be assigned 
as in other cases; and no dividend shall be paid to any 
stockholder until said taxes are jniid or set apart for pay- 
ment. 

Darna^jo rione to < 8. Any pcrsou wlio shall willfuUy and maliciously do 
or cause to be done any damage to said road, or to any car, 
rnachine, engine, structure or building, bridge or culvert, 
ap]jertaining to said road, or who shall stop or obstruct, or 



KAILROADS. 169 

attempt to stop or obstruct, any car or vehicle in motion, or 
expected to be in motion, siiall be punished by indictment, 
and tined in a sum not exceeding one thousand dollars, and 
imprisoned in the penitentiary not exceeding live years ; 
unless in case when death shall result from such obstruction, capital offense. 
in which event, if it shall happen by reason of any person 
maliciously weakening any part of said road, or its fixtures, 
or by placing obstructions thereon, or otherwise causing 
said road to be dangerous to life or limb, the person com- 
mitting said acts, or causing them to be committed, where- 
by any death ensues, shall on conviction be deemed guilty 
of and punished for murder. 

§ 9. The said company is authorized to borrow such Borrow money, 
sum or sums of money as may be necessary to construct and 
operate its road, and to issue and dispose of its bonds in 
such denomination and at such rates of interest or discount, .• . 

and in such form and upon such terms and conditions as to 
them shall seem best for eifecting the speedy completion of 
said road and the carrying on of the business herein author- 
ized. 

§ 10. No forfeiture shall take place by reason of the Rigjta of stock 
non-completion of the whole of said road, but such part as 
may be completed may be operated by the company. And 
the state of Illinois hereby cedes and surrenders to the com- 
pany incorporated under this act, the grade, track, right of 
way, and all other rights, privileges and appurtenances, be- 
longing to so much of the Alton and Mount Carmel railroad 
as lies between Alton and Edwardsville, aforesaid. And 
the company is hereby authorized and empowered to enter 
upon, take, hold and enjoy all the track, grade, right of way, 
and privileges, aforesaid, in as full and ample a manner as 
the said state could do. 

§ 11. The company hereby incorporated may make any May consoUdate. 
agreement or arrangement it may deem proper, with any 
other company, whereby it may procure its said road to be 
constructed and operated by said other company ; or it may 
become incorporated into, and form a branch or part of, any 
other railroad or mining company ; and any other company 
or combination of persons, with whom it may be desirable 
to form such connections, is hereby authorized and empow- 
ered to make all suitable arrangements for the consumma- 
tion of such object, anything in their charter notwithstand- 
ing; and the said companies, when combined, may take 
upon themselves any name or style of designation they 
may think proper ; and they shall be vested with all powers 
of each, or both, or all of the companies, and may borrow 
money upon mortgage or deed of trust, upon the property 
of one or all of said companies, at their option. In the 
event that no union with any other company is effected, the 
company hereby incorporated may execute valid mortgages 
or deeds of trust upon its property of all kinds, which shall 



170 RAILROADS. 

be valid and binding, in law or equity, to secure the pay- 
ment of any of its bonds or indebtedness, accordins: to their 
tenor and etfect. 

Fare and freights § 12. It sliall be the duty of the first board of directors 
chosen by the stockholders to arrange and settle upon 
a tariti" c-f rates for the transportation of persons, and of 
ever_y description of freight which may be brought to their 
depots or places of business ; and the same shall be safely, 
and speedily carried, taken and delivered, according to the 
usual mode among common carriers ; and the said company 
shall be liable to a line of one hundred dollars for refusing 
or neglecting to carry any person, or any such article of 
freighr, if properly presented to them v/ithiii a reasonable 
time and in a proper manner, to be recovered before any 
justice, or any other court having jurisdiction. 

Damage for § Xo, Wlicuever it shall be necessary to intersect or 
cross any other railroad or highway, dike, embankment, 
stream, etc., the terms and manner on which the crossing or 
intersection shall be made, if not agreed upon by the proper 
parties, shall be settled and the damages lixed by the com- 
missioners appointed to assess damages, as in other cases. 

Branch road. ^; ij-. The Said compauy shall have power to construct 

all branch roads, either Macadamized, plank or railroads, as 
may be necessary and proper to afford suitable connections 
betvreen the main track and any mines of coal, petroleum, 
or other mineral product of their lands ; which shall be 
done under the same powers, rights and iiabilitios as are 
provided herein with reference to the main line of road. 

County may take g 15. Tlic couuty of Madisou Is hcrebv authorized to 

' * ' subscribe to the capital stock of said compauy, to an amount 

i]Ot to exceed twenty thousand dollars, and to issue its bonds 

for the same, upon such terms as may be agreed upon be- 

proviso. tween the county and the company : Promded, that no such 

suljscription of stock shall be made, unless the voters of said 
county shall, at an election, upon due notice, vote for and 
decide in favor of sucli subscription. 

^ 16. This act shall be deemed and taken to be a public 
act, and shall be in force from and after its passage. 
Approved February 15, IS 05. 



KAILROADS. 171 

AX act to enable the Illinois Central Railroad Company, the Chicago, Bur- In force Feb. le, 
lington and Quincy Railroad Company, the Michigan Central Railroad Com- ^^6^- 

pany, and the Chicago and Northwestern (late the Galena and Chicago Union) 
Railroad Company, to own, jointly, a certain piece of railroad in the city 
of Chicago. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in \the] General Assembly^ That it shall 
be competent and lawful for the Michigan Central Railroad Joint ownership. 
Company, the Chicago, Burlington and Quincy Railroad 
Company, the Chicago and Northwestern (late the Galena 
and Chicago Union) Railroad Company, and the Illinois 
Central Railroad Company, and their respective successors, 
to own, jointly, and jointly to maintain and operate that 
piece of railroad, situate in the cicy of Chicago, and county , ,;..■:,.*- 
of Cook, now constructed and used by them, extending 
from a point on the west bank of the south branch of the 
Chicao'o river, north and near Eighteenth street, where :-„ 

their railroad bridge now crosses said branch, eastward to 
the junction with the Illinois Central Railroad, at or near 
the round house of the latter company, with authority, joint- 
ly, to own and maintain the said bridge across the said 
south branch of the Chicago river, and the right of way and 
land upon which said'railroad is constructed, together with 
such side tracks and other tracks forming connections with 
other railroads, as now are or may hereafter be constructed 
and used by them in connection with said piece of railroad. 

§ 2. This act to take effect and be in force from and 
after its passage. 
• Apfroyed February 16, 1865. 



AN ACT to enable the Michigan Central Railroad Company to acquire and In force Feb. 16, 

hold real estate. 1^^^- 

Section 1. Be it enacted, hy the People of the State of 
Illinois^ represented iyi \the\ General Assembly ^ That it shall 
be competent and lawful for the Michigan Central Railroad "old real estate. 
Company to acquire and hold in fee simple, any real estate 
which may be necessary and convenient for the station 
grounds, depots, and other purposes, connected with its 
business at Chicago, and required for the easy and conven- 
ient transaction of its passenger and freight traffic, and for 
the easy connection of its trains with other railroads, and for 
the stock yards, and for such other purposes connected with 
its business as may require the use and occupancy of real 
estate ; and the title to all such property shall be as good 
and valid as if the said company were a corporation, and 
doing business and organized under the laws of this state 



172 EAILKOADS. 

§ 2. This act shall l)e deemed a pul)lic act, and shall 
take (.'iiect aiul be in force from and after its passai^e. 
ArruoYED Febniarv 10, lSd5. 



leaes. 



In force April 17, AX ACT to incorporate the ilii^issippi Railioad Companv. 

Section 1. Be it enacted by the People of tJie State of 
Illi'c'is, ri'j)reser<ied hi tJie General Assenihly, That liandall 

Corporator.. W. Smith, H. W. Thomton, E. p. Barton, George A. 
Thoms'.-n, John H. Addams, are hereby made and constitu- 
ted a i)odj politic and corporate, hj the name and style of 

Nr.me and style. "The Mississippi Railroad Company," with perpetual suc- 
cession, and by that name and style shall be capal)le, and 
hereby empowered and authorized, in law, of taking, pur- 
cliasing, holding, leasing, selling and conveying real and 
personal estate and pro])erty, so far as the same niay be 
requisite and necessary for the purposes hereinafter men- 
.Msandprivi- tioncd ; and in their said corporate name maj' sue and l)e sued, 
plead, and l)e impleaded, defend and be defended in all 
c<mrts and places; to have a common seal which they may 
alter and renew at pleasure ; to have a capital stock of five 
millions of dollars, to be divided into shares of one hundred 
di 'liars each, which said capital may be increased, from tim.e 
to time, by a vote of a majority of the directors of the corpo- 
ration, to any sum recpiisite for the completion and fulfill- 
ment of the objects and ]nirposes of the corporation hereby 
created ; and the said above named persons shall be and 
constitute the lirst board of directors, and are hereby vested 
vritli, and may have and exercise all powers, riglits, privi- 
leges and immunities which are or ma_y be necessary to car- 
ry into effect and complete use, and ejijoy the purposes and 
objects of this act as hereinafter set forth. 

Officers. ,::; 2. Said directors shall organize the board as soon as 

practicable after the passage of this act, by electing one of 
their number president, and by a])pointing a secretary and 
treasurer; which organizarion shall be certified by said di- 
rectors, or a majority of them, and such certificate shall bo 
reC')rdcd in the record l)Oi)k of said company, and said re- 
coi'd shall be sufficient evidence of such oro-anization ; and a 
certified co])y thereof, nnder the seal of said corporation 
sliall be received in all the courts of this state as evidence 
of the facts therein stated ; and said directors shall hold their 
offices iinti] the lirst Wednesday of October following their 
organization, and until their successors shall be elected and 

vacanies. qualified as hereinafter provided. All vacancies in said 

board may be tilled by a vote of two-thirds of the directors 



KAILEOADS. 173 

present, at any regular meeting of the board, or at a special 
meeting called for that purpose. 

§ 3. The said company are hereby authorized and em- Buiid raiuoad. 
powered to locate, and, from time to time, to alter, change, 
re-locate, construct, re-construct, and fully to finish, perfect, 
operate and maintain a railroad, with one or more tracks, 
from the city of Galena, in Jo Daviess county, to liock 
Island, in Rock Island county, in this state, and to deter- 
mine and locate the line of said railroad upon such route Line of road, 
and line between said points as may be deemed proper and 
advantageous b}'- said company; said company are hereby 
authorized and empowered to commence the construction of 
any portion of said railroad, at such place and places along 
the line of the route to be selected by said company, as it may 
be deemed expedient and advantageous, so to construct the 
same by said company ; and the said company are further au- 
thorized to use and operate said railroad, and shall have power 
and authority to regulate the time and mannerin which goods, 
effects and persons shall be transported on the same, and to 
prescribe the manner in which said railroad shall be used, 
and the rate of toll for the transportation of persons or pro- Ratesoftoii. 
perty thereon, and for the storage of merchandise and other 
property under their charge ; and shall have power to provide 
all necessary stock and materials for the operation of said road ; 
and shall have power to erect and maintain all necessary 
depots, stations, shops and other buildings and machinery, 
for the accommodation, management and operation of said 
road. 

§ tt. Said directors shall, as soon after the passage of Books for stock. 
this act as practicable, open books for the purpose of receiv- 
ing subscriptions to the capital stock of said company, at 
such places along the line of said road, and elsewhere, as 
said directors shall determine, under the direction of such 
agents as said directors shall appoint ; and said books shall 
be kept open, from time to time, until the amount of said 
capital stock shall be subscribed, or until said directors shall 
determine to close the same. 

§ 5. It shall be lawful for said company, their officers, survey of route, 
engineers and agents, to enter upon any land for the purpose 
of exploring, surveying and locating the route of said road, 
doing thereto no unnecessary damage, and when said route 
shall be determined by the said company, it shall be lawful 
for them, their agents, officers, engineers, contractors and 
servants, at any time, to enter upon, take possession of and Right of way. 
use such lands, not exceeding one hundred and fifty feet in 
width, along the line of said route, subject however to the 
payment of such compensation as the company may have 
agreed to pay therefor, or such as shall be ascertained in the 
manner hereinafter directed, and provided in such casc"^. 
respectively ; and said company are further authorized by 
their officers, engineers, agents and servants, to enter upon 



174 EAILR0AD5. 

lands rK.ljacent to the railroad, bej'ond the liinlts of one hun- 
dred and lift J feet, in the manner provided in this act, when 
necessary for the purpose of erecting depot buildings, station 
houses, and necessary fixtures for the operation and for the 
business of said road, and for the purpose of making drains 
and giving a proper direction to water courses across or 
along said road, when the same are necessary, beyond the 
limits of said road, and to remove all substances and things 
wliich miixht endanger, obstruct or interfere with the free 
use of said road, and to deposit earth, gravel or stone, taken 
from cuts, and to obtain earth, gravel, stone, and other 
materials for embankments and structures necessary to the 
construction and repairs of said road, doing however no 
Damages, how mineccssary damage, and all lands so acquired, and a'd dara- 
''^'^' aii'es which shall be done to any lauds or property under the 

provisions of this section, shall bo ascertained and paid f«)r 
in the mann.er and agreealdy to the provisions hereinafrer 
provided; and when such damage snail have been paid for 
or tendered, the title to the land occupied by such railroad 
fixtures, excavations and embankments, shall vest in fee 
Committee to Simple iu Said company. It shall be lawful for any judge 
assess damages. ^. ^- ^^^^ clrcuit or countv courts of this State, on application of 
the saitl company, either in term time or vacation, and at 
the cost of the said company to appoint three disinterested 
persons, residing in the county where such lands are situate, 
not (->f kin to the owner or owners thereof, whose duty and 
charge it shall be to view and examine all the lands so taken 
in said county, with the buildings and imroveraents, if any 
tliereun, and to estimate the value of the land so taken or 
required by said company, and all damages which the owner 
or owners thereof shall sustain or may have sustained, by 
reason of the taking of the same for the construction and 
use of said road or works appertaining thereto, taking into 
consideration the advantages as well as the disadvantages of 
the same, by means of the construction and operation of the 
said road to the said owner or owners; and when said com- 
missioners are so appointed they shall act in all cases arising 
in said county requiring the action of commissioners when- 
ever said conipany shall be unable to agree with the owner 
vacancy. or ovnei's of said land; but if fur any cause either or all of 

said cnmmissioners shall become disqualified to serve, or 
their ])!ace or places become vacant, such vacancy or vacan- 
cies may be filled in the same manner that the original 
appointment was made. And it shall be the duty of the said 
company to give two weeks' notice of their application to a 
judge of the circuit or courity court, for the appointment of 
the said cr.mmissioners, to l)e published for two successive 
weeks, in a newspaper published in the county in which 
said lands may be, or if no newspaper be printed in said 
county, then in a newspaper published in the city of Spring- 
field, and tlie affidavit of the publisher or printer shall be 



EAILEOADS. 175 

legal evidence of such publication; and the persons so 
appointed, before entering upon the discharge of such duties, 
shall take an oath before some justice of the peace or other 
person competent to administer oaths, faithfully and accord- 
ing to the best of their abilities, to examine the several 
pieces or parcels of land so taken or required by said com- 
pany, and impartially to estimate and appraise the value of Benefits and 
the same, and the damage or injury which the owner or ^^^^^esaward- 
owners of each piece or parcel thereof shall have sustained 
or may sustain by reason of the taking and using thereof 
by the said company, over and above the benefits and 
advantages which said owner or owners shall derive from 
the construction of such railroad ; thereupon such commis- 
sioners shall proceed to examine the premises and estimate 
the value of such land and the amount of damages, if any, 
over and above the benefits and advantages which may 
accrue to such owner or owners, as aforesaid, and shall make Report of com- 
a report, in writing, of such valuation, under their hands '^'^^^'^"'^"• 
and seals, to the clerk of the circuit court of the county 
where the land lies, and shall return the same within twenty 
days after making their appraisal to the clerk of the circuit 
court of the county in which the land lies ; and it shall be 
the duty of said clerk to file the same, and in case no appeal 
shall be made within twenty dsijs after the filing of the said 
reports, as hereinafter provided, then the said clerk shall 
record the same at the expense of the said company, and 
judgment of the said court shall be entered thereon, either 
in term time or vacation, on motion of either party : Provi- proviso, 
ded^ that either party may appeal to the circuit court of the Appeals. 
county in which said lands shall lie, within twenty days 
after said report shall have been filed in the clerk's ofiice of 
said court ; and such appeal shall be tried in the same man- 
ner as other issues are tried in said court, and the jury 
empanneled to try the same shall find the value of the land 
so taken, or required by said company, and the damages 
which the owner or owners thereof shall have sustained or ^ 
may sustain by the taking of the same, over and above the 
benefits which will accrue to such owner or owners from 
the construction of such railroad, and the judgment of the 
court shall be entered accordingly. Such appeal shall be Appeals, how 
taken by giving notice thereof to the clerk of the said court, *^ ^°' 
in writing, and thereupon the clerk shall enter the same 
upon the docket of said court, setting down the railroad 
company as defendant and the said claimant or claimants as 
plainti'if : Frovided, also, that it shall not be lawful for the Proviso. 
said commissioners or the said court to proceed in the 
assessment of damages, or in the valuation of any lands, or 
materials as aforesaid, in the absence of the owner or owners 
thereof, his, her or their agents or attorneys, unless it shall 
be shown to them by compete iit testimony that the said 
owner or owners are absent from the state of Illinois, so 



176 RAILROADS. 

that the said owner or owners have had at least five days' 
notice, in writing, of the time and place at which such 
assessment or valuation was to be made, which notice shall 
be served personally on said owner or owners, or by leaving 
the same at their last or usual place of residence, with some 
person of suitable age and discretion ; and if the said owner or 
owners shall be minors, or non compos mentis, the ser\ice of 
the notice may be made on their guardian or trustee, if there 
be any, or in such manner as the court or judge appointing 
said commissioners shall direct. And if said owner or ovrners 
shall be nonresident or absent from the state, or his residence 
unknown, the service of the notice may be made by pub- 
lishing the same in a nevN'spaper in said county for two suc- 
cessive weeks : Provided, also, that upon the making and 
Uling of any report as aforesaid, and the payment or legal 
tender of the amount of any valuation or appraisal, specitled 
therein to the owner or owners of any such land, his, her or 
their legal representatives, on the payment of the amount 
of such valuation or appraisal to the clerk of the court to 
which any appeal under this act may have been taken to 
abide the issue of such appeal, the said company, their 
agents or the contractors, for making or repairing said rail- 
road, may immediately take and use the same, without 
avraiting the issue of any appeal brought thereon. When- 
ever any judgment shall have been entered as hereinbefore 
provided for the value of any lands, or for any damages for 
the taking and using of the same, and the amount specified 
in such judgment shall have been paid or tendered to the 
owner or ovv'ners of such lands, his, her or their legal repre- 
sentatives, on the payment of the amount specified in such 
judgment, or in such report of the commissioners to the 
clerk of the court to which any appeal under this act may 
have been taken, the said company shall be entitled to the 
said lands in fee, and if such valuation be not received when 
tendered, it may at any time thereafter be received, or may 
l»e collected from said company, without interest, by action 
at law, at the cost and expense of the person or persons 
entitled to the same : Provided, such valuation shad not 

Proviso. have been paid to the clerk of the court in which such 

appeal ma_y have been taken : And, fvovided, that the costs 

Proviso 2. of any proccedings and judgments specified in this act shall 
be taxed by the court and paid by said company, except in 
cases where, upon appeal, the verdict of the jury shall be 
for the same or a less sum than that reported by the said 
commissioners. 

('). The said company are authorized and empijwered 

Borrow money, to borrow from time to time, such sums of moi^ey not 
exceeding double the amount of stock subscribed, and upon 
■which at least twenty-ilve per centum shall have been 
])ai'l, as may be necessary for constructing, completing and 
finishing or operating said r^iilroad, and to issue and dispose 



RAILEOADS. 177 

of their bonds in denominations of not less tlian five hun- 
dred dollars for any amount so borrowed, and to pay any 
rate of interest therefor, not exceeding ten per cent., and to 
pledge and mortgage the said road and its appendages, or 
any part thereof, or any other property, or effects, rights, 
credits or franchises of the said companj^, as security for 
any loan of money and interest thereon, and to dispose of 
the bonds issued for such loans, at such rates and on such 
terms as two-thirds of the directors may determine, and may 
make such bonds convertible into the capital stock of said 
company, at the option of the holder ; and may provide a 
sinking fund for the redemption of said bonds oat of the 
earnings of said road. 

§ 7. The said company shall, annually, or semi-annually, Dividends, 
make such dividends as they may deem proper of the net 
profits, receipts or income of said company among the stock- 
holders therein in proper proportion to their respective 
shares. 

§ 8. Said company shall have power to make, ordain By-iaws. 
and establish all such by-laws, rules and regulations as may 
be deemed expedient and necessary to fulfill the purpose 
and carry into effect the provisions of this act, and for the 
well ordering and securing the alfairs and interest of said 
company : Provided^ that the same be not repugnant to the 
constitution and laws of the United States or of this state. 
This act and all by-laws that may be adopted by the direc- 
tors of said company, and all additions thereto and altera- ' 
tions thereof, shall, from time to time, be printed in a con- 
venient form, and be distributed among the stockholders of 'j ' 
said company. 

§ 9. It shall be lawful for any fifteen stockholders, by Special meetings, 
giving thirty days' notice, stating the objects, to call a meet- 
ing of the stockholders of said company, and the secretary 
of said company shall certify said call and record the same, 
as well as all matters that may be transacted under said call. 
The stockholders under such call may, bj a majority voting 
therefor, proceed and appoint from among themselves a 
committee of three, with full power to examine all books. Examination of 
papers and accounts belonging to said company ; and said counL.*"** *'" 
committee may employ any competent accountant or account- 
ants to aid in said examination, and said committee shall 
have power to examine any officer or officers, agent or agents, 
or employee of said company under oath, to be administered 
by the chairman of said committee, and said officer or agent, 
or employee, shall duly answer all questions that may be 
required of them by said committee touching any matter or 
matters relating to the afi'airs of said cornpany, and the 
officers and agents of said company shall aid as far as in 
their power said committee as they may require in said 
examination. The expenses of said examination shall be 
paid from the treasury of said company, upon warrants 
— *13 



ITS EAILEOADS. 

dra^n npon the treasurer and certified by said committee ; 
and said committee shall make a detailed report of said 
examinations at such time or times as said stockholders shall 
direct. 

^T5y sell road. ^ 10. Said companj shall have power, and are hereby 
authorized to sell and convey or lease their railroad franchi- 
ses, real and personal property, or any part or portion of 
their railroad, with the rights and franchises appertaining 
thereto, to any company or companies, which have been or 
may hereafter be incorporated, or to any party or parties^ 
upon such terms as may be mutually agreed upon between 
the contracting parties ; said company shall have power to 
nnite their railroad, in whole or in part, with any other rail- 
road or railroads now constructed, or which may hereafter 
be constructed, either in this state or in the state of Wiscon- 
sin, coming in contact therewith, and to grant any such 
company or companies the right to construct and use any 
portion of said line of road hereby authorized to be con- 
structed, and to purchase of any such company or compa- 
nies the right to construct, operate and use the line of road 
constructed, or in course of construction, by such company, 
and to lease or purchase the right of way and franchises of 
any such company, together with its equipments, rolling 
stock, furniture and materials used in constructing or opera- 
ting such road or roads, and to complete, furnish, use and 
operate any such line of road so purchased or leased, upon 
such terms as may be mutually agreed between the said 

Consolidation, company or companies, or may consolidate the capital stock 
with the capital stock of any railroad company with which 
it shall intersect, either in this state or in the state of Wis- 
consin ; and shall have power to place the road of said com- 
pany and its capital stock so consolidated imder the direction 
of a board of directors of not less than seven, at least five 
of whom shall be chosen from stockholders, resident within 
the counties through which the said consolidated roads are 

Fust board. locatcd. The first board of directors shall be chosen as the 
directors of the companies consolidating their capital stock 
shall direct and agree, and all subsequent boards to be elec- 
ted as herein provided for, or as shall be provided by the 
by-laws of said company ; but no consolidation shall be 
legal, nor the sale or transfer of the permanent rights and 
privileges of said company, r)r purchase of or by said com- 
pany, wdthont the assent of a majority in interest of stock 
voting in favor of said consolidation, purchase, sale or trans- 
fer, at an annual or regularly called meeting of tlie stock- 
holders, or unless a majority in interest of the stockholders 
shall first give their writteii assent thereto; and it shall be 
lawful after any sale, purchase or consolidation, authorized 
by this section for the several companies so consolidated, to 
take any new name they may agree upon, and shall have 
and exercise all the rights, powers, privileges and franchises 



RAILROADS. 179 

granted by the charters of the said Be^■eral coinpariies, and 
bj such name may sue and be sued, plead and be impleaded, 
contract and be contracted with, and may adopt and change 
at pleasure a common seal, for the corporate use of such 
new company. 

§ 11. JN^otice shall be published in some paper printed Elections. 
within the counties through which the said road i? located, 
for election of directors, and calls for installments to be 
made upon the capital stock ; and all meetings of stockhold- 
ers, ail matters intended for the action of stockholders by 
the directors or stockholders, authorized to call meetings, 
shall be published in the notice given for the meeting before 
which said matters will be brought. 

§ 12. The said corporation shall be bound to repair all 
public highways, bridges or water courses, which may be 
injured in constructing said railroad or its appendages, and 
shall restore them as far as practicable to as good a condition 
as they were before they were injured. 

§ 13. Said company are hereby authorized to take and Payment on 
receive from the several subscribers to the said capital stock, 
money, labor, materials, cars, locomotives, or other articles, 
adapted to the construction or operation of said railroad, or 
any property that in the opinion of the board of directors 
may be exchanged or converted to such nse, and upon 
receiving full payment in manner aforesaid of any such ~ 
subscription of stock, may issue to such subscriber or sub- 
scribers certificates therefor. 

§ 14. The company shall be allowed five years from the Time to begin 
passage of this act for the commencement of said railroad, 
and in case at least twenty-five miles of the same shall not 
be completed in ten years thereafter, the privilege herein 
granted shall be forfeited ; but should said company pur- 
chase any railroad, or any portion of any railroad now con- ' ' 
structed, or hereafter to be constructed, on any portion of 
their route, or shall arrange by lease or otherwise, to use the 
track of any other railroad company, on any portion of their 
said route, such portion so purchased or used shall be held 
to be completed within the meaning of this act. 

§ 15. Said company shall have the right to acquire by May maintain 
purchase or lease, the chartered rights, powers and privileges ^^^^' 
of any person or persons, corporation or corporations, to 
keep, operate and maintain any ferry or ferries across the 
Mississippi river, now operated and run, or hereafter to be 
operated and run in connection with said railroad, and upon 
acquiring such rights by purchase or lease, said railroad 
company shall have the right and authority to keep and 
maintain and operate such ferry or ferries. 

§ 16. This act shall be deemed and taken as a public act, 
and shall be construed beneficially for all purposes herein 
specified or intended. 

Appkoved February 15, 1865. 



road. 



ISO RAILROADS. 

In force April 1?, AX ACT to construct a, railroad from the Mis<issippi rivei' in Illinoi?, oppo- 
1500. site Aluscacine, Iowa, to Camden, Rock Inland county, Illinois. 

Seotiox 1. Be it enacted Inj the FcojjJe of the State of 
Illinois^ reiwesented in the General A&seriJjhj, That E. H. 

Corporators. Bowiuan, Joliii Buffiiiu, Daiiicl Kenwoi'ihy, Joli Iloath, 
B. F. Eby, J. C. Bethuram and R. Wells, aiid their associ- 
ates, successors and assigns, are hereby created a body cor- 

Niv.neana style, porate and politic, under the name and style of the "Mus- 
catine and Camden Bailroad Company,"' and by tliat name 

Powers. be and they are hei'eby made capable in law and in equity to 

sue and be sued, plead and be impleaded, defend and be 
defended, in any court of law and equity in this state or in 

Seal. any other place ; to make, have and use a con^mon seal, and 

the same to renew and alter at pleasure; and shall be and 
are herelty vested with all the powers, privileges and immu- 
nities, which are or may be necessary to carry into effect the 

Location of purposcs and objects of this act as hereinafter set forth ; and 
the said company are herel)y autliorized and empovrered to 
locate and construct, and linally complete a railroad from 
the Mississippi river in Illinois, opposite tlie city of Mus- 
catine, Iowa, by way of Andalusia to the town of Camden; 
and for this purpose said company are authorized, upon the 
most eligible and proper route, to lay out their said railroad 
wide enough for a single or double track, through the whole 
length, and may enter upon and take a strip of land not ex- 
ceeding 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 construction 
of and security of said railroad. 

Capital stock. | 2. Tho Capital slock of said company shall consist of 
two hundred thousand dollars, and may be increased to ten 
hundred thousand dollars, to be divided into shares of one 
hundred dollars each. 

Directors. § 3. The officcrs of this compauy shall cousist of a board 

of directors, a president, secretary, treasurer, and such other 
subordinate officers or agents as may be from time to time 

.\nnuai election, providcd for by the by-laws thereof. The directors shall be 
elected annually by the stockholders, (no person being eli- 
gible to said directory who is not a stockholder,) and shall 
iiold their office for one year, and until their successors are 

Numbor of di- elcctcd and qualified. The present number of directors 
shall 1)0 seven, but may be increased to any number not ex- 

ofHcers. ccediug fifteen, if deemed expedient. The president shall 

be chosen annually by the directors from their own 
number, and shall hold office for one year, and until his 
successor is elected and (pialified. The meetings for the 
election of directors, after the first board shall have been 
elected, shall be held annually on the first j\[onday of June, 
at such place in the state of Illinois as the directors shall de- 
signate; and the holders of stock in said compan}^, and 



BAILEOADS. 181 

none other, shall be entitled to one vote for each share of 
stock so held at the time of holding any election, and vote 
or votes may be cast by any stockholder, in person or by Proxy votes. 
proxy. After the organization of said company, persons 
may become members by subscribing for stock, receiving 
the same by transfer upon the books of said company, and 
not otherwise ; that the said board of directors, a majority 
of whom shall form a qnorum for the transaction of business, 
shall have power to appoint all necessary clerks, secretary, 
and other officers necessary in the transaction of the busi- 
ness of said company. 

§ 4. The said corporation is hereby authorized, by their survey of route 
agents, surveyors and engineers, to cause such examinations 
and surveys to be made of the ground and country between 
the points herein named, as shall be necessary to determine 
the most advantageous route for the line or course whereon 
to construct their said railroad, and it shall be lawful for Right of way. 
said company to enter upon and take possession of and use 
all such lands and real estate as may be necessary for the 
construction and maintenance of their railroad : Provided^ ' 

that all lands or real estate entered upon and taken posses- 
sion of and used by said corporation for the purposes and 
accommodation of said railroad, or upon which the site for 
said raih'oad shall have been located or determined by the 
said corporation, shall be paid for by said company in dama- 
ges, if any be sustained by the owner or owners thereof, by 
the use of the same, for the purposes of said railroad, and 
all lands entered upon and taken for the use of said corpo- 
ration, which are not donated to said company, shall be ob- 
tained and paid for in the manner provided for taking lands 
for the construction of public roads, canals and other public 
works, as prescribed in the act concerning right of way, ap- 
proved June 22, 1852. 

§ 5. The persons named in the first section of this act commissioners, 
are hereby appointed commissioners, who, or a majority of 
them, are hereby authorized to open subscription books for 
said stock at such places as they may deem proper. The 
said commissioners shall require each subscriber to pay five 
dollars on each share subscribed at the time of subscribing, 
and whenever twenty-five thousand dollars shall be sub- 
scribed, the said commissioners shall call a meeting of the Meetings, 
stockholders by giving thirty days' notice in some newspa- 
per printed in Hock Island county, and at such meeting it 
shall be lawful to elect the directors of said company, and 
whenever the directors of said company are chosen, the said 
commissioners shall deliver said subscription, with all sums 
of money received by them as commissioners, to said direc- 
tors. No person shall be a director of said company, unless 
he shall own at least five shares of the capital stock. 

§ 6. The board of directors of said conipany, after the Additional stock 
same is organized, shall have power to open subscrijDtion 



1S2 EAILKOADS. 

books for stock in tlie manner prescril^ed in the til'tli section 
of this act, and to till np tlie amount of stock pruvi(led for 
in tlie second section of this act as the capital of said eom- 
pauY, or any additional amount of st:uck not exceeding ten 
hundred thousand dollars, at such times as they may deem 
it for the interest of said company; and all the installments 
reipiired to be paid on the stock to be originally taken, and 
what may be taken to increase said capital, shall be paid at 
such times, in such sums, and in such manner, as said direc- 
tors shall prescribe. 

lacrease of stock .< ~. That the cajatal stock may be increased from ten 
hundred thousand dollars to iifteen hundred thousand dol- 
lars, from time to time, by ne\y sultscriptions, if sucli in- 
crease shall be found necessary lo iiulrill the intention of this 
act upon the directors for the time being, giving the notice as 
herein required, previous to tlie opening of the subscription 
books for the origiunl stock herein. And that all stock of 
said corj)oraiion shall 1)0 deemed personal pro]:)erty and trans- 
ferable in such manner as the said corporation shall by its 
by-la\ys prescribe. 

Payments on § S. That it sliall bo hiwful foY tho dircctors t^» ]-eouire 

~tock . 1 . - "^ 

payment of the sums subscribed to the ca|>ital stock at such 
times, and in such proportion and on such conditions, as 
they shall decPxi lit, under the penalty of the forfeiture of all 
previous pajunents thereon, and shall give notice of the 
payments thus recjuired, and of the place, time, wlieii and 
where the same are to be paid, at least ninety days previous 
to the payment of the same in some ])ublic newspaper of 
the county or counties through which the line or course of 
said railroad runs. 

yiy-'idwi. ^ 9^ The directors are hereby empowered to i:;ake and 

enforce all such by-laws and rules, not in coniiict with the 
laws of this state or with this act, as they may deem expe- 
dient for the goyernment and management of the general 
and [particular affairs of said company. 

st,ockhoidei-H, _;■ H). Tiio ])ro])ert_y of the Stockholders of Said company, 

wliich is not includefl in tlie capital stock held b)' tliem, 
shall not b^e hoideu ibr the corporate debts beyond the 
{iniount which iiiay be due from such stockholders respect- 
ively, upon un])aid installments of said stock. 

Limit to debt. < H. Tiic hicrhcst amouut of indebtedness to which, said 

corporation shall becrune liable at any one time, shall be 
five liuiuli-ed thousand dollars, to be created by the board 
of directors at such time and in such sums as tlie board of 
directors may think ]iroper; to secure which, said board of 
director.^ may issue bonds, and secure the same by mortgage 
or pledge of th(; pro)>erty, rights and franchises of s<iid com- 
pany; that said indebtedness created or to be created as 
aforesaid, sliall be f)r tho benefit of said company in loca- 
ting, constructing and maintaining said railroad. 



RAILEOADS. 133 

§ 12. That the right of way and the real estate pur- Right of way. 
chased for the right of way by said company, whether by 
mutual agreement or otherwise, or which shall become the 
property of said company by operation of law as in this act 
provided, shall, upon the payment of the amount of money 
belonging to the owner or owners of said lauds as a com- 
pensation for the same, become the property of said compa- 
ny in fee simple, that said company is hereby empowered 
to acquire and convey real estate to an extent necessary to 
carry out the purposes of this act. 

§ 13. The said corporation may take and transport upon Rates of ton. 
said railroad any person or persons, merchandise, or other 
property, by the force and power of steam, of animals, or 
any combination of them, and may fix, establish, take and 
receive such rates of toll for all passengers and property 
transported upon the same, as the directors shall from time 
to time establish ; and the directors are hereby authorized 
and empowered to make all necessary by-laws, regulations 
and ordinances that they may deem necessary and expedi- 
ent to accomplish the designs and purposes, and to carry 
into effect the provisions of this act, and for the transfer and 
assignment of its stock, which is hereby declared j^ersonal 
property, and transferable, as shall be provided for by the 
by-laws and ordinances of said corporation. 

§ 11. If any person shall willfully, maliciously, or wan- Bamages. 
tonly obstruct the passage of any engine or car on said rail- 
road, or any part thereof, or shall damage, break or destroy 
any part of said railroad or buildings, cars or machinery 
thereof, every such person so offending shall be deemed 
guilty of a misdemeanor, and upon indictment therefor and 
conviction thereof shall be liable to a fine of not exceeding 
one hundred dollars, and may be imprisoned not exceediug 
one year, at the discretion of the court, and shall further be '■ ' ■■ > ■ 

liable to said railroad company in treble the amount of 
damages sustained, to be recovered in any court of compe- 
tent jurisdiction. 

§ 15. The width of said railroad is to be determined by width of road, 
the said corporation within the limits prescribed by the first 
section of this act. 

§ 16. In case of the death, resignation or removal of the vacancy, 
president, vice president, or any director, at any time be- 
tween the annual elections, such vacancy may be filled for 
the remainder of the year, whenever they happen, by the 
board of directors ; in case of the absence of the president 
and vice president, the board of directors shall have power 
to appoint a president j^rc* tempore^ who shall have and ex- 
ercise such powers and functions as the by-laws of said cor- 
poration may prescribe. In case it should at any time hap- 
pen that an election shall not be held on any day on which, 
in pursuance of this act, it ought to be held, the said corpo- 
ration shall not for that cause be deemed dissolved, but such 



184 KAILEOADS. 

election shall be held at any other time directed by the by- 
laws (A' said corporation. 

Property may be § 17. It sliall be Competent for the directors, with the as- 
sent c»f two thirds in interest of the stockholders of said com- 
pany, to sell, transfer and dispose of, to any other person or 
company, the estate, rights and franchises of which it may 
be possessed, if in the opinion of the directors, such sale or 
transfer would facilitate the construction, or promote the in- 

proriso. tcrcst of the railroad : Promded^ that no such sale or trans- 

fer shall be voted until all the debts of said company shall 
be paid or otherwise discharged. Said board of directors 
are authorized and empowered to connect its road with the 
road of any other company or corporation in the state of 
Illinois; or become owner, part owner or lessee of any such 
railroad or franchise; and to make all such contracts and 
agreements as may be thought necessary for the separate or 
joint ownership or joint or separate use and occupation of 
the road of sueh corporation. 

rime of con- ^ 18. The Said couipauy sliall bc allowcd fivG vears from 
the passage ol this act lor the commencement of said rail- 
road, and in case the same is not completed in ten years 
thereafter, the priyileges herein granted shall be forfeited. 

§ 10. This act shall 1)0 deemed and taken as a public 
act, and shall be construed beneficially for all purposes here- 
in specified or intended. 

AppKoyED February 10, 1865. 



?truction. 



lu force Feb. IC, AX ACT to amend an act entitled "An act to incorporate the llouticello 
15'55- Railroad Company." 

Section 1. Be it enacted oy the Feojjle of the t:tate of 
Illinois^ rejyresented in tJte General Asseinhly^ That in addi- 
.M»y assign road tiun to the powci's, privileges, immunities and franchises 
given to said corporation by said act to which this is amend- 
atory, said company be and are hereljy authorized, by and 
through their board of directors, at any time before or after 
the completion of said road, to assign over and transfer to 
any railroad company, the line of ^yhose road intersects the 
proj)Osed line of said raih'oad, and which will complete and 
operate said line of road, all tlie stock, property, immuni- 
ties and franchises of said corporation ; and such assign- 
ment and transfer, shall vest in the company to which such 
assignment and transfer ma_y be made, the entire stock and 
property of said corporation, and the same shall become a 
part of the road of the company to which such assignment 
and tj'ansfer may l>e made, i(\ be held, owmed, occupied, used 
and enjoyed by such company, the same as though such com- 



EAILEOADS. Ii5 

panyhacl been authorized by its charter or act of incorpora- 
tion, to construct and operate said line of road ; and in case 
any such assignment and transfer shall be made by the dh-ec- 
tors of the said Monticello railroad company, to any other com- 
pany, as aforesaid, such company shall be and is hereby era- 
powered to enforce payment of subscriptions to the stock of 
said Monticello railroad company ; and the debts and liabil- 
ities of said last mentioned company, shall be paid and 
liquidated by the company to whom said transfer shall be 
made, which shall be mutually agreed upon, on the same 
being made, and the said Monticello railroad company shall 
from thenceforth cease to exist ; and all the chartered pow- 
ers and privileges, and all the property both real and per- 
sonal, of said Monticello railroad company, shall be vested Pi-operty vested. 
in the company to which such assignment and transfer is 
made : Provided^ that no such assignment and transfer shall 
be made, except on the condition that the company to which 
such assignment and transfer may be made, shall be under 
perpetual obligation to operate said line of road for the ac- 
commodation of the public ; and in case such company shall 
abandon the operation of said line of road, all the rights, 
immunities, privileges and franchises acquired by such com- 
pany through such assignment and transfer, shall revert and 
be vested in the people of the state of Illinois, to be dis- 
posed of and granted to such company as the general assem 
bly of this state may by law designate or create. 

§ 2. That the several counties in which any part of said cities and 
road has been or may hereafter be located, and the several stock! °^*^ 
townsliips in said counties, which have adopted or may here- 
after adopt township organization, and the cities and incor- 
porated towns in said counties, are hereby authorized to 
subscribe and take stock in said Monticello railroad compa- 
ny. Elections may be held in any such county, township, 
city or incorporated town, upon the question whether such 
county, township, city or town, shall subscribe for any spe- 
cified amount of the stock of said company, not exceeding 
one hundred thousand dollars for each county, and not ex- 
ceeding thirty-five thousand dollars for each of such town- 
ships, cities or towns ; and elections may be held in any such 
county, township, city or town, as often as a petition shall 
be presented, as hereinafter specified, until such county, 
township, city or town shall have subscribed for the full 
amount of stock authorized by this act. "Whenever a pe- 
tition shall be presented to the board of supervisors, signed 
by fifty legal voters of any such county, setting forth the 
amount of stock proposed to be taken by any such county, and 
specifying the time for holding such an election, it shall be 
the duty of the county clerk of such county, to give twenty 
days' notice of the time of holding such election, which 
shall be the same time as that specified in such petition ; 
and whenever a petition shall be presented to the supervi- 



1S6 



KAILROADS. 



5or of any such townsliip, or to the corporate authorities of 
any such city or town, signed hj twenty-iive legal voters of 
any such township, city or town, setting forth the amount of 
stock proposed to be taken by any such township, city or 
town, and specifying the time for holding such an elec- 
tion, it shall be the duty of the clerk of every such town- 
ship, city or tovrn to give twenty days' notice of the 
time of holding such election in such township, city or 
town, which shall be the same time as that specified in 
such petition ; which said notice or notices shall be given 
in tlie same manno]*, and such election or elections sliall be 
conducted in the same mode and at the places provided for 
holding general elections in such counties, townships, cities 
and towns; at which election or elections, the qualihed vo- 
ters of the respective counties, townsliips, cities and towns, 
shall vote "For Su1)Scription," or "Against Sabscripti'>u;" 
and if a majority of the votes actually cast at any such elec- 
tion shall be "ibr subscription/' it shall be the duty of the 
board of supervisors of every such county, the supervisor 
and clerk of such township, and the corporate authorities of 
such city or town, to subscribe without unnecessary delay, 
upon request of said company, for 6t<>ck in said company, 
to the amount mentioned in such petition, and to issue and 
deliver to said company the same amount as the stock so sub- 
scribed, of the l)onds of such county, township, city or town, 
as the case may be, payable at any time specilied, not ex- 
ceeding twenty years from their date, with interest at a rate 
not exceeding ten per cent, per annum, ]3aj^able annually; 
which said bonds and the interest accruing thereon, shall be 
made payable at such place within the United States as said 
compau}^ may request. 

^ 3. It sliall be the duty of the respective authorities of 
Taxientd. ^hc Several counties, townships, cities and towns, which may 
vote such subscription, and they are hereby requ.ired, to 
levy and collect a sufficient special tax on all the taxable 
property, both real and personal, in such counties, townships, 
cities and towns, not exceeding three dollars on every one 
hundred dollars' worth of taxal)le property, to pay the inter- 
est annually accruing on such bonds, and to liquidate the 
principal of said bonds, within the time specified in the same 
i'or tlieir payment. Said tax sball be levied on the assess- 
ments snade by the assessors of their respective counties, 
townsliips, cities and towns, as provided by the revenue 
laws of this state for assessing property, and shall be extend- 
ed on the collector's books of such county, township, city or 
town, as a special railroad tax, and collected by the respec- 
tive collectors of such counties, townships, cities and towns, 
at the same time and in tlie same manner as provided by 
law for collecting state and county tax, which said tax shall 
be paid by tlie respective collectors to tlie county treasurer 



'eailroads. 18T 

cf the county in wliicli the tax is collected, deductino- there- 
from a commission of two per centum only for collecting. 
And the said county treasurers shall be res}3ectively liable 
on their bonds, for the faithful application of said tax to the 
payment of the interest and principal of tho bonds for which 
said tax was levied and collected to pay; and shall receive 
therefor, in full compensation, a commission of two per cent- 
um only, for paying out said tax. The corporate authorities 
of the respective counties and townships shall certify to the 
county clerk of the proper county, the rate per cent, to be 
levied for each year for such special tax, and the said county 
clerks shall extend on the collector's books for such county 
or townships, as a special railroad tax, at the rate so certi- 
fied for each year, in the same manner and on all the prop- 
erty on which state and county tax is extended. And the 
respective authorities of such cities and towns shall levy and 
collect such special railroad tax in the same manner, as other 
tax is levied and collected in and for such cities and towns: 
Promded^ that in case the said authorities for any such coun- 
ty or township shall fail to certify to such clerk, the rate per 
cent, to be levied for any year, before the lime required by 
law for said clerk to extend state and county tax, then the ^ • 

said clerk shall extend such tax for such year at the rate of 
one per centum. 

§ 4. This act to be in force from and after its passage. 

Appeoved February 16, 1865. 



AX ACT in relation to the Mount Carbon Coal and Railroad Ccmpany. In force April IS, 

^ ^ 1S65. 

Section 1. Be it enacted hy the People of the State of 
Jllinois, represented in the General Assembly^ That in ad- 
dition to the powers heretofore conferred upon the Mount Additional pow- 
Carbon Coal and Ivailroad Company, by the act approved 
January 2-1, 1835, and the several acts amendatory and sup- : 

plementary thereto, the said corporation are hereby author- 
ized and empowered to engage in the business of mining 
iron ore and the manufacture of iron, within the county of ■ . 
Jackson, with all the powers of corporations engaged in the 
mining, manufacture and sale of iron : Provided^ , all the 
rights, privileges and immunities in relation to rates of fare 
for the transportation of passengers and tariff on freights 
hereby granted, shall be subject to such limitations as shall 
hereafter be imposed by general laws. 

'^§ 2. That the authority given said corporation to bor- Borrow money 
row money and to issue bonds and mortgage their corporate 
property and franchises, is hereby extended, so that said 
corporation be and it is hereby authorized to borrow money 



ISS KAILEOADS. 

lor the purchase of hinds and for all other purposes of its 
business, and issue bonds and mort^-aixe its corporate prop- 
erty and franchises for the security of all money borrowed, 
or delus which may be incurred Ijy said company, not to 
exceed the sum of one million dollars at any time. 

Time of compkv .^ 3_ That Said company be allowed the period of ten 
years from the expiration of the period within which they 
are now authorized to complete their railroad. 

Yi[zhiofvray. ^ J-. In all cases vrhere said company shall not be able 

to acouire tlie right or" way throagh any lands or premises 
they nuiy wish to occupy for the purposes of said railroad 
or its appendages, by purchase or voluntary cession, the 
sauie may be obtained in a mode provided by the ninety- 
second chapter of the E-evised Statutes of this state, entitled 
"Eight of Way,'' or said company may proceed to obtain 
such right of way by the provisions of the twenty-second 
section of an act entitled "An act to provide for a general 
system of railroad incorporations," passed is'ov. 5, 18i9 ; and 
said company shall be entitled to all the beneficial provisions 
of said act and the amendments to tiie same; or said com- 
pany may proceed to obtain such right of way by the pro- 
visions of an act entitled "An act to amend the law con- 
demning right of way for the purposes of internal improve- 
merit,'" in force June 22, 1852; and said company shall be 
entitled to all the beneficial provisions of that act. 
Ari'iiovED February 10, 1865. 



Ie force Feb. 15, AX ACT to ineorpoi'rttc the Northern Raihvay Company. 



SG5 



Section 1. Ijb it enacied Inj tJie Fco])le of the State of 
Illinois^ represented in the General Assemhty^ That John 

Corporators. Eastoii, Tliomas II. Payuc, A. B. Patridge, E. H. Mason, 
Silas AVright, Christian Ilegwein, AYilliam A. McConnell, 
Jared Gage, John C. Dore, D. S. Smith, W. H. Turner, J. 
E. Mendsen and George Schneider, and their associates, 
successors and assigns, be and they are hereby created and 
constituted a body politic and corporate, by the name of 

Name and Etyie. 'i The Xortlicm Eailway Company;" and said company 
shall have ])er|)etual existence, and may make, have and use 

Seal. a common seal, and alter the same at pleasure ; and may 

make by-laws for the regulation and government of its af- 
fairs; and shall 1)0 and are hereby vested with all powers, 
])rivilegeft and immunities incident to corporations, for the 
])urj)oses liereinafter mentioned. 

Location of roa'L ,' 2. The Said Corporation is hereby authorized and em- 
powered to locate, construct, maintain and operate a railroad, 
from the city of Chicago, north-westerly, crossing the Des 



KAILEOADS. ' 189 

Plaines river at or near the town of Wheeling, and from 
thence, continuing in a north-westerly direction, near the 
village of Liberty ville, and thence south, west of the mound 
known as Fort Hill, in the tow^n of Fremont, and crossing 
Fox river, at or near Nipper Sink, crossing to some eligible 
point at the state line, between the states of Wisconsin and 
Illinois. Such corporation may connect with any railroad 
leading out of the city of Chicago, at such point as may be 
deemed advisable. 

§ 3. The capital stock of said corporation shall consist capUai stock. 
of three millions of dollars, which may be inci'eased, if 
thought advisable by said corporation, to be divided into 
shares of one hundred dollars each. The immediate gov- Directors, 
ernment and direction of said corporation shall be vested in 
a board of directors, of not less than seven nor more than 
thirteen members, who shall be chosen by the stockholders 
of said corporation, in the manner hereinafter provided, 
who shall hold their office fur one year after their election, -^ 
and nntil others shall be duly qualilied as such ; and the 
said directors, a majority of whom shall constitute a quorum Quorum. 
for the transaction of business, shall elect one of their num- 
ber to be the president of said corporation ; they shall also 
elect a secretary and treasurer at the same time, and may 
choose such other officers or agents as they may think 
proper. 

§ 1. Tlie said corporation is hereby authorized, by their Route of road, 
agents, surveyors and engineers, to cause such examination 
and Eurveys to be made of the ground and countrj^ between 
said points above mentioned, as shall be necessary to deter- 
mine and select the most direct and feasible route whereon 
to construct their said railroad ; and it shall be lawful for 
said corporation to enter upon and take possession of and 
use all such lands and real estate as may be necessary for 
the construction, maintenance and operation of their said 
railroad : Provided^ that all lands or real estate entered proviso, 
upon and taken possession of and used by said corporation, 
for the purposes and accommodation of said railroad, or 
upon which the site of said railroad shall have been located 
and determined by said corporation, shall be paid for by 
said company, in damages, if any are sustained by the 
owner or owners thereof, by the use of the same, for the 
purposes of said railroad ; and all lands entered upon and 
taken for the use of said corporation, which are not donated 
to said company, shall be paid for by said corporation, at 
such price as may be mutually agreed upon by the corpo- 
ration and the owner or owners of such land ; and in 
case of the disagreement betw^een the corporation and the 
owner or owners thereof, the price shall be estimated and 
fixed and recovered in the manner now provided for, under 
the act entitled "An act to provide for a general system of 
railroad incorporations," approved Kov. 5, 1849, and any 



190 EAILEOADs. 

act or acts passed amendatory thereof or supplemental 
thereto ; and said corporation shall have and possess ail the 
powers, privileges and immunities jjrovided in and bj said 
general railroad act, or acts amendatory thereof, or supple- 
mental th.ereto, except as hereinafter provided. 

Annual meeting. ;< 5. The linjoof liolding the annual meetings of said 
corporation, for the election of directors, shall he fixed and 
determined by the by-laws of said company; and at all 
nu'ctings, each stockholder shall be entitled to vote, in per- 
son or by lawful proxy, one vote for each share in the stock 
he, she or they may hold, hona jide^ in said corporation. 

First board. ^ <>. The pcrsous named in the first section of this act 

are liei-eV)y appointed the directors of said corporation, and 
shall h<^ld their oiiice for one year from the first day of 

Subscriptions to ^Mjii-ch, A. D. 1805, or' uutil others are elected; and said 
persons lieretofare named are also appointed commissioners, 
who, or a majority of Vvdiom, are hereby authorized to open 
subscription books for said capital stttck, at such places as 
"they may deem proper; and said books shall be kept open 
until at least one hundred thousand dollars shall have been 
subscribed. Said commissioners shall require each subscri- 
ber to pay five dollars on each share subscribed by him at 

Quorum. the time of subscribing. The directors appointed by this 

act, or a majority of them, shall constitute a quorum for the 
transaction of business, and shall elect one of their number 

Officers. to be president of said company ; they shall also elect a 

secretary and treasurer, and such otiicers and agents as they 
shall deem proper. In case a vacancy occurs in the buard 
of directors it maj' be tilled by the remaining directors, or 
as the by-laws of said corporation shall prescribe. No per- 
son shall be a director in said company unless lie shall be a 
stockholder thereof. 

Rigiit of way. Ji 7. The right of way and real estate purchased fur the 

right of way and depot grounds by said company, whether 
by mutual agreement or otherwise, or which shall become 
the property of the company by operation of law, as in this 
act provided, shall, upon the payment of the amount of 
money belonging to the owner or ovv'uers of said lands as a 
compensation for the same, become property of said company 
in fee 8im])le. 

Rates for trans* s! S. The Said corj^oratiou may take and transport upon 

i.ortation. ^^j^| railroad any person or persons, merchandise or other 
property, by the iVjrce and power of steam or animals, or any 
combination of them, and niay fix, establish, take and re- 
ceive such rates of toll, for all passengers and property trans- 
|)Orted u})un the same as the said directoi's shall, from time 
to time, establish, subject, however, to such regulations and 
restrictions as have been or may hereafter be established by 
the laws of this state of a general ajjplication. 

A-xard for lands tj 9. That whcu the lauds of any femme covert^ person 
under age, no7i comjpos mentis^ or any non-resident of the 



EAILEOADS. . 191 

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 owner or own- 
ers respectively, whenever the same may be lawfully de- 
manded, together with six per cent, per annum, or may de- 
posite the amount with the county treasurer of the county in 
which the land so taken lies. 

§ 10. It shall be lawful for the company created by this union with other 
act to unite with any other railroad company which may 
have been or hereafter shall be incorporated by this state or 
the state of Wisconsin, upon such terms and conditions as 
the stockholders representing a majority of the stock of each 
corporation may mutually agree, and a concurrence therein 
by the board of directors of each corporation respectively, 
and to grant such company or corporation the right to con- 
struct and use any portion of the road hereby authorized to 
be constructed, as agreed upon aforesaid. 

§ 11. For the purpose of facilitating the construction of Borrow money. 
the railroad authorized by this act, said corporation is em- 
powered to borrow money, and pledge its property, both 
real and personal, and its rights, credits and franchises, to 
secure the payment thereof. 

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

Approved February 15, 1865. 



AN" ACT to amend an act entitled "An act to incorporate the Northern Illi- In force Feb. 16, 
nois Railroad Company," approved February 24, 1859. •^^^• 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the 
Northern Illinois Railroad Company are hereby authorized May own and 
and empowered to purchase, operate and control any ferry ^^^ ^° ^"^' 
across the Mississippi river, at any point on the line of the 
railroad of said company, or on the line of any railroad 
which they shall hereafter control or operate, or with which 
the said J^orthern Illinois railroad shall be consolidated: 
Provided, that the rights and privileges herein granted are Proviso. 
and shall be subject to the right of the general assembly to 
make such, regulations by general laws, in respect to ferries 
and freights, as they may deem proper. 

§^2. This act shall be in force from and after its passage. 

Approved February 16, 1865. 



192 EATLKOADS. 

In force April IS, AX ACT to amend an not entitled ''An r.ct to charter the Ottavva, Oswego 
ISi^'. and Fox River Vall^'V Uaih'oad Cenipauy." 

Section 1. Be it enacted by the Peojjfle of the State of 
Illinois, rejyresented in the General Assembly, That the char- 
Act amended. x^Y oftlie Ottawa, Oswego and Fox River Valley liaih-oad 
Conipaiiv be and the same is hereby so amended as to re- 
quire the said company to terminate their raih'uad within 
the corj-xn-ate limits of the town of Winona, on the llliTiois 
Central raih-oad. 

Appkoved February 16, 1S65. 



In force Feb. 16, AN ACT to incorporate the Pana, Springfield and Northwestern Railroad 
^^■5- Company. 

Section 1. Be it enacted by the People of tJie State of 
Illinois, represented in the Genercd Assembly, That John 

Corporators. A. McOlemand, John WilUams, Shelby M. Cuhom, Alex- 
ander Starne, Jacob Bunii, Charles ^V. Matheny, Asa East- 
man, Charles Ridgely, James Wilson, Mnnson Carter, Pres- 
ton Breckenridge, Joseph (^. McCoy, John Bone, Peyton 
Harrison and Andrew B. McConnel, of the county of San- 
gamon, Horatio M. Yandeveer, 1). D. Shuraway, William 
A. Goodrich, William S. Frink, Calvin Goudy, Lewis E. 
Thompson, AYilliani B. Hall and Charles A. Manners, of 
Christian county, Illinois, and their associates and succes- 
sors, are hereby created a body corporate and politic, under 

Name and style, the name and style of "The Pana, SpriPigfield and North- 
western Itailroad Company,'' with perpetual succession; and 

Powers and uudcr tlils uamc and style shall be capable of suing and be- 

priYJieges. -^^^ sucd, pleading and being impleaded, defending and be- 
ing defended against, in law and equity, in all courts and 
places whatsoever, in like manner and as fully as natural 
[jersons ; may make and use a common seal, and alter or 
renew the same at })leasure, and by their said corporate 
name and style shall be capable in law of contracting and 
being contracted with, shall be and are hereby invested with 
all the powers, privileges, immunities and franchises of re- 
ceiving and disposing of real and personal estate which may 
be needful to carrying into eifect fully the purposes and ob- 

p.f.utecfroad. jects of tlils act ; and said co ^patiy are hereby authorized 
"and empowered to locate, construct and complete a railroad, 
commencing at or near Pana, in Christian county, thence 
to Taylorvillo, in (Jhri.-tian county, thence to city of Spring- 
field, in Sangamon county, and thence to some eligible 
point on the Illinois river; to be determined by said com- 
pany, vvith Cjue or more tracks or lines of rails. Said com- 
pany shall commence the construction of said road in 



RAILROADS. 193 

good faith within one year, and shall complete the same 
within ten years. 

§ 2. The capital stock of said company shall consist of capUai stock. 
one million of dollars, and may be increased by said com- 
pany to five millions, to be divided into shares of one hun- 
dred dollars each. The immediate government and direction Directors, 
of said company shall be vested in seven directors, who 
shall be chosen by the stockholders of said company, in the 
manner hereinafter provided, who shall hold their office one 
year after their election, and until others shall be duly 
elected and qualified to take their places as directors ; and Quorum, 
the said directors, a majority of whom shall form a quorum 
for the transaction of business, shall elect one of their num- 
ber to be president of the company, and shall have power 
to appoint ox elect such other officers as they shall deem 
proper. 

§ 3. The corporation hereby created shall have power 
to locate, construct, furnish, maintain and operate a rail- 
road, as aforesaid, with all necessary side tracks, turn-outs, 
switches, depots, stations and all necessary buildings, erec- 
tions and structures ; and for this purpose they are hereby 
vested with all the powers necessary for the purchasing, 
taking, holding and selling and transferring property, real 
and personal, as natural persons, as the board of directors 
may deem necessary to carry out the objects of this act. 

§ 4. For the purpose of acquiring the rights of way for Right of wa 
the construction of said road, side tracks, and turn-outs, and 
grounds for depots, stations and other buildings, erections and 
structures, and for the purpose of obtaining stone, gravel 
and other materials for building, ballasting or repairing the 
same, and of a right of way to said material, the said com- 
pany be, and they are hereby authorized and empowered to 
take, condemn and use the same, under the provisions of 
an act to amend the law condemning the rights of way for ' "■" ' ' '' 
purposes of internal improvement, approved June 22, 1852. 

§ 5. Said company shall have power to unite, connect union with other 
or consolidate its railroads with any other railroad con- 
structed, or which may hereafter be constructed in this state, 
upon such terms as may be mutually agreed upon between 
the companies so uniting, connecting or consolidating ; and 
for that purpose full power is hereby given to said company 
to make and execute such contracts, with any other compa- 
ny, as will secure the objects of such connectionor consolida- 
tion ; and the said corporation may furthermore lease or 
purchase, upon such terms as may be agreed upon, any 
other road or parts of road, either wholly or partially con- 
structed, which may constitute or be adopted as part of their 
main line ; and, by such lease or purchase, they shall ac- ' 
quire and become vested with all the rights and franchises 
pertaining to such road, or part of road so leased or pur- 

— *14: 



194 



EAILKOADS. 



Borrovr money. 



Trust deeds and 
•mortgages. 



Inrectors. 



Officers. 
Tacancies. 



Books opened 



Subscriptions 
slock. 



cliased, in the right of way, construction, maintenance and 
working thereof. 

?5 6. The said company is hereby authorized, from time 
to time, to borrow such sum or sums of money as may be ne- 
cessary for the completing, equipping, furnishing operatinsr 
and maintaining their said railroad ; and to issue and dispose 
of the bonds at such rate of interest and at such discount as 
may be thought for the benetit of the company ; and to 
mortgage their corporate property and franchises, or convey 
the same, by deed of trust, to secure the payment of any 
debt contracted by said company, for the purpose aforesaid. 
And the directors of said company may confer, on any 
bondholder of any bond issued for money borrowed, as 
aforesaid, the right to convert the principal due or owing 
thereon into stock of said company, at any time, and may 
further authorize the holder of any such bonds to vote at 
any and all elections for the election of officers of said cor- 
poration, under such regulations as the .directors of said 
company may see fit to adopt; and any such bonds that 
may be sold or disposed of at a less rate than par, shall be 
as valid and binding upon said company as if the same were 
sold for the par value thereof. 

§ 7. All the corporate powers of said company shall be 
vested in and exercised by a board of directors, to consist 
of seven members, and such officers, agents and servants 
as they shall appoint. Vacancies in all the board of direc- 
tors may be filled by a vote of two-thirds of the directors 
remaining, such appointees to continue in office until the 
next annual election of directors, which said, annual elec- 
tions shall be held at such time and place as may be desig- 
nated and fixed by the by-laws of said company, thirty days' 
printed notice being given in two newspapers, having circu- 
lation along the line of said railroad. 

,§ 8. The persons named in the first section of this act, are 
hereby appointed commissioners, who, or a majority of them, 
after a meeting duly called l)y thirty days' notice thereof 
in the Illinois Journal and Illinois State Register newspa- 
pers, published in the said city of Springfield, shall meet 
to and proceed to open books, and receive subscriptions to the 
capital stock of said company. Ten dollars for each share 
subscribed shall be paid on subscribing, and whenever fifty 
thousand dollars shall have been subscribed, the subscribers 
may organize said corporation, and proceed to the election 
of directors; and when the directors of said company are 
chosen, tlie said commissioners shall deliver the said sub- 
scri]»tion books, with all suras of money received by them 
as commissioners, to said directors. No person shall be a 
director who shall not l)e a stockholder, and each stock- 
holder shall ])Q entitled to one vote for each share of stock 
he shall hold, upf)n which all calls have been paid. The 
directors of said company, after the same is organized, shall 



RAILROADS. 1^5 

have power to open books to fill np the capital stock of said 
company, or any part thereof, at such time as they may deem 
expedient ; and all installments required to be paid on the 
stock originally subscribed, or what may be taken to increase 
said capital, shall be paid at such times and in such amounts 
as said directors may prescribe : Provided^ that subscrip- Proviso, 
tions of stock may be made to said company in lands, at 
their cash value at the time of subscription, as may be 
agreed upon between the subscriber and the directors of 
said company, such subscriptions to be designated on the 
books as a land subscription, and to be considered as paid 
by a conveyance of such land to the company: And^jpro- 
vided^ also^ that owners of lands along or near the line of 
said road, may be authorized to subscribe stock and to se- . 
cure payment of the same, by promissory note and mort- 
gage ; such note to draw eight per cent, interest, payable 
semi-annually, from and after the road shall have been com- 
pleted through to, or parallel with the mortgaged premises,, 
or any part thereof, with the privilege to the maker to dis- 
charge the principal at pleasure ; such subscription to be 
designated on the books as a mortgage subscription, and to 
be free from all calls upon stock ; such subscribers^ however, 
shall have no right to vote as stockholders in said corpora- 
tion, until interest shall have been become payable upon such 
subscriptions : And^ provided, further^ that said corpora- 
tion shall dispose of all lands to which it may acquire title 
or fee other than such real estate, as it may acquire for the 
use and operations of said road, as in this act provided, 
within live years after the acquisition thereof. Whenever 
it shall be necessary for the construction of said railroad to 
intersect or cross the track of any other railroad or stream of 
water, or water course, or road or highway on the route of 
said road, it shall be lawful for the company to construct 
their railroad across or upon the same : Provided, that the proviso 2. 
said company shall restore the railroad, stream of water, 
water course, road or highway, intersected or crossed, to its 
former state, or in sufficient manner not materially to impair 
its usefulness, 

§ 9. That the right of way and^ the real estate for the Right of way. 
right of way, and for the purpose aforesaid,, purchased or 
acquired by said company, whether by agreement or other- 
wise, or which shall become the property of the company, 
by operation of law, as in the act provided,, shall,, upon the 
payment of the money agreed or adjudged to be paid to the 
owner or owners of said land, as a compensation for the ' ' '' 
same, become the property of said company in fee simple. 

§ 10. That all the rights, privileges and advantages, Rights confirmed 
with the limitations and restrictions conferred upon the Illi- 
nois Central Kailroad Company, also, the rights, privileges 
and advantages, with their limitations conferred by an act 
entitled " An act to provide for a general system of rail- 



196 • EAILEOADS. 

road incorporations," approved November 5, 1849 ; and the 
several acts amendatory thereof, except as hereinafter quali- 
fied, are hereby conferred upon the Pana, Springfield and 
Northwestern Ilaih'oad Company ; and cities and counties 
shall be entitled to subscribe for stock in said company in 
like manner and with like effect, as is provided in the said 
act referred to, and acts amendatory thereof: Prwnded^ 
aho^ that tlio county court of Cliristian cuunty may, vrith 
or without submitting the question to the people, subsci'ibe 
for stock in said company, payable in lands to be taken 
upon such terms and conditions, and be conveyed in such 
manner as the said county court and said company may 
agree upon : And, provided, also, that such powers to sub- 
scribe for stock on the part of said county payable in lands, 
shall not be restricted in amount or value to one hundred 
thousand dcdlars, nor shall such right of subscrij^tion in 
lands in any manner impair the power of said county, to 
make a money subscription of one hundred thousand dol- 
lars to said company, under the provisions of said act, to 
provide for a general system of railroad incorporations and 
acts amendatory thereof: Provided, that aland subscription 
shall not, in any way, impair the right or derogate from the 
power to make a money subscription. 

Towns may sub- ^^ 11. To further aid in the construction of said road by 

scribe stock, ^.^jj company, any town under township organization in 
Sangamon county, Illinois, may subscribe to the capital 
stock of said company, in any sum not exceeding fifty thou- 
sand dollars. 

Vote on taking ^ 12, No such Subscription shall be made until the ques- 
tion has been submitted to the legal voters of the town in 
which the subscription is proposed to be made ; and the 
clerk of each of said towns is hereby required, upon the 
presentation of a petition, signed by at least ten citizens 
who are legal voters and taxq:)ayers of tlie town for which 
he is clerk, in which petition the amount proposed to be 
subscribed shall be stated, to post up notices in at least 
three of the most public places in said town, which notices 
shall be posted not less than ten days before the day of hold- 
ing such election notifying the legal voters of said town to 
.meet at the usual places of voting, or some other conveni- 
ent place in said town, for the purpose of voting for or 
against such subscriptions ; but no such vote shall be taken 
unless at a regular election for town and county officers. 

ToTabon'is. tj 13. If it shall a]>])ear that a majority of all the voters 

have voted "for subscription," it shall be the duty of the su- 
pervisor of each of said towns that shall vote for such sub- 
scription, to subscribe to the capital stock of said railroad 
comyiany, in the name of the town for which he is supervi- 
sor, the amount so voted to be subscribed, and to receive 
from said company the proper certificates therefor ; he shall 
also execute to said conq)any, in the name of said town, 



RAILROADS. 197 

bonds bearing interest not to exceed ten per cent, per an- 
num, which, bonds shall run for a term of not less nor more 
than twenty years, and the interest on the same shall be 
made payable annually ; and which bonds shall be attested 
by the clerk of the town in whose name the bonds are is- 
sued ; and it shall be his duty to make a record of the issu- 
ino- of said bonds. Said bonds shall be delivered to the 
president or secretary of said railroad company, for the use 
of said company. 

§ 1-i. It shall be the duty of the clerk of each of said Returns of eiec- 
towns in which a vote was given for subscription, within *'°°^" 
ten days thereafter, to transmit to the county clerk of San- 
gamon county a transcript or statement of the vote given, 
and the amount voted to be subscribed, and the rate of in- 
terest named in the bonds. 

§ 15. It shall be the duty of the county clerk annually Town assess- 
thereafter, to compute and assess upon all taxable property ™^" ^' 
returned by the assessor of each of said towns which have 
voted to subscribe a sufficient sum to pay the interest on all 
bonds issued by the respective towns, which tax shall 
be extended upon the collectors' books, as other taxes are, 
and shall be collected in the same manner that other taxes 
are collected ; and, when collected, shall be paid into the 
county treasury', as county taxes are paid. 

§ 16. It shall be the duty of the treasurer of said county Payment of 
to pay out, on the presentation to him of the bonds issued 
by an}' town, as aforesaid, the amount dae upon each of 
said bonds, as interest, out of an}^ money in his hands for 
that purpose, and indorse the payment upon said bonds, or 
take such voucher as he may prescribe. He shall also keep 
an account with each town of all money received by him, 
and paid on account of said towns, which account shall, at 
all times, be open to inspection by all persons wishing to 
examine the same. 

§ 17. At all elections for officers, and on all questions Towns _ lepre- 
voted upon by the stockholders of said company, the super- tfo°nl. 
visor of the town or towns, who may subscribe to the stock 
of said company, shall represent and cast the vote which 
said stock is entitled to. 

§ 18. The road to be constructed by said company shall i-irst division of 
be divided into two divisions : that portion of the road be- 
tween Springfield and Pana shall be designated the first 
division, and that portion between Springfield and the lUi- second division, 
nois river shall be designated the second division ; and sub- 
scribers, either individual or corporate to the stock of said 
company, may designate upon which division of said road 
such subscription shall be applied ; and said corporation 
shall faithfully apply such subscriptions to the division thus 
designated ; but any surplus of stock subscribed for the ben- 
efit of any one section of said road remaining after the con- 



19S RAILROADS. 

struction of said SGction, may bo applied by said compaay 
ill aid of the construction of any other section. 
Other roads ^ 19. xlny railroad company witli whose road the afore- 
ma\ . e 5 oc . ^^^^^^ j'oad may intersect or connect, is hereby authorized and 
empowered to subscribe to the capital stock of this com- 
pany, any sum not exceeding one hundred thousand dollars, 
and shall have the sanie rights, privileges and powers as 
other stockholders in this com})any, and shall be sulgect to 
the same conditions, restrictions and limitations as other 
stockholders therein. 
Liability. g 20. Xo stockliolder, whether cor])orate or natural per- 

son sholl be otherwise liable upon his, her or their subscrip- 
tion of stock, than for the amount of their respective sub 
scriptions of stock to said company, and according to the 
calls of the directors as hereinbefore provided. 

^^ 21. This act shall take effect from and after its passage. 
Approved Februarv 1(3. 1SG5. 



In force Feb. 16, AX ACT to amend the charter of the Pari^ and Decatur Ea'droad Company. 



1>65 



Section 1. JJe it enacted hy the People of the State of 
Illinois^ represented in the General Assen/hh/, That the pro- 
vision in the act incorporating the Paris and Decatur Eailroad 
Part of act re- Company, passed on the eighteenth of February, eighteen 
pealed. hundred and sixty-one, requiring the railroad to be so located 

as to pass through the town of Oakland, in the county of 
Coles, be and the same is hereby repealed; also the pro- 
vision requiring that the majority of the directors of said 
corporation shall reside within the limits of this state is 
hereby repealed, but the company shall have and keej-) an 
(jffice, for the transaction of business, in this state ; and this 
act shall be in force fr«jm and after its passage. 
Approved Feljruarv 10, 1S65. 



In f'jrce Fub. IG, AN ACT to amend an act entitled "An act to incorporate tlie Pt-kin, Lincoln 
^■■'-'•^' and Decatur Railroad Company," approved l-'ebruary 21, ISGl. 

SECTir)N 1. _Be it enacted hy the People of the State 
of Illinois^ represented in tJie General Assemhly^ That the 
Corporators. iiamcs of the original incorporators in the act of incorpora- 
tion to which this act is an amendment, be and the same 
ai'e hereby stricken out of and dropped from said cliarter, 
and that in lieu thereof the names of James F. I). Elliott, 
liobert B. Latham, Mindret AVim])le, Aaron B. Xicholson, 



KAILROADS. 199 

John Linberger, Ambrose M. Miller, Abram Mayfield, Na- 
thaniel M. Whitaker and John Wyatt, of Logan county, 
and George H. Harlow, John B. Cohrs, J. E. Leonard and 
James L. Briggs, of Tazewell county, and Sheradan Waite, 
A. J. Gallagher, J. J. Petticord and Leonard O. Smith, of 
Macon county, be and the same are hereby inserted and 
substituted in their place and stead, with all the immunities, lughtsandprni- 
powers, rights, privileges and advantages conferred upon ^^^^' 
the incorporators by the provisions of the act to which this 
act is an amendment, as well as such other and further 
powers, etc., as are conferred upon them by the provisions 
ot this act. V 

§ 2. That the time for commencing the work upon the Time extended. 
Pekin, Lincoln and Decatur Railroad be and the same is 
hereby extended to within two years, and the time for com- 
pletion thereof within eight years from and next ensuing 
after the 21st day of February, 1865. 

§ 3. That the counties of Peoria, Tazewell, Logan and who may take 
Macon, or any of the incorjDorated cities, towns or organized 
townships thereof, are hereby authorized to subscribe to the 
capital stock of said company : Provided^ that the counties 
of Peoria, Tazewell and Macon shall not each subscribe a 
less sum than one hundred thousand dollars, nor a greater 
sum than two hundred thousand dollars ; and that the county 
of Logan shall not subscribe a less sum than two hundred 
thousand or a larger sum than three hundred thou- 
sand dollars ; and that no one city, town or township shall 
be permitted to subscribe a less sum than twenty thousand 
or a larger sum than fifty thousand dollars. Elections Elections. 
may be held and shall be held, as hereinafter provided 
for, in any of said counties or any of the incorporated cities, 
towns, or in any of the separate townships thereof, on the 
question whether such county, city, town or township shall 
subscribe for any specific amount in shares of the capital 
stock of said company. Twenty days' notice shall be given 
of the time of holding such election, and the election shall 
be conducted in tlie mode prescribed in an act entitled "An 
act supplemental to an act entitled 'An act to provide for a 
general system of railroad incorporations,' " approved No- 
vember 6, 1849, or in the mode prescribed in any other 
general law relating to such election, or the mode in which 
county, city, town or township elections are usually con- 
ducted ; and if a majority of the votes actually cast at such 
election shall be "for subscription," it shall be the duty of 
the county court, (or board of supervisors where township 
organization exists,) or the corporate authority of such 
county, city, town or township, as the case may be, to sub- Town or city 

., •'' .•^, , ^\ ^ i p -J subBcnptions. 

scribe, without unnecessary delay, upon request ot said 
company, through their treasurer, clerk, president, or a ma- 
jority of their board of directors, for shares of said capital 
stock to the amount so voted, and to issue and deliver the 



'200 KAILROADS. 

same to the president or treasurer of said company, without 
unnecessary dehiy, the same amount (as the stock so sub- 
scribed i of the bonds of such county, city, town or township, 
as the case may be, payable at any time specified in, not 
exceeding twenty years from this date, with annual or semi- 
annual coupons for not exceeding ten per centum interest 
per annum attached, which bonds and coupons may be made 
payable within or without tliis state, as said company may 
reque^t ; and the provisions of the above mentioned act, ap- 
proved ^oveml)er 6, 184:9, except such as are inconsistent 
with the provisions of this act, shall apply and govern any 
election referred to in this election, in getting up the elec- 
tion and other matters connected with or growing out of 
said election ; but this act shall govern such elections so far 
as it is applicable to them. 

County elections ^ 4. It shall be and is hereby expressly made the duty 
of tlie county court of Logan county and the board of su- 
pervisors of the counties of Tazewell and Macon, respect- 
ively, to order the holding of an election in their proper 
counties, for the aforesaid purpose, on the second Tuesday 
of April, 1865 ; the proposition to be voted on in Logan 
count}' the subscription by said county in shares to the capi- 
tal stock of the Pekin, Lincoln and I)ecatur Kailroad Com- 
pany to the amount of two hundred thousand dollars, and 
in Macon and Tazewell counties each one hundred thousand 
dollars ; and the aforesaid court and boards are hereby 
directed and re<|uired to order the holding of such elections 
witliout any further notice or request ; and should the voters 
of the said county of Logan, at such election, refuse to vote 
in favor of said county subscribing the specified amount of 
stock to said company, the president of the board of direc- 
tors for said com])any may, by a petition signed by a least 
two hundred legal voters of said county, presented to the 
county court of said county, require Ihe county court to 
once more submit the same proposition to the voters of Lo- 
gan county at any subsequent general or county election, 
provided such petition shall be presented to the county court 
at least forty days before the time of holding such election ; 
and may also require, by a petition of least ten legal voters 
thereof, the city, town or township authorities of any city, 
town or township in either of the counties of Macon or Taze- 

Proviso. well to hold an election for the })urpose aforesaid : I-^/'o- 

mdxd^ hov:ever^ that the county in which such town, city or 
town.-hip is situated has failed or by vote refused to take 
stock in said company, and not otherwise ; but no more than 
two such elections shall be hehl in any one town or city, one 
of which must be in conjunction with and at a general elec- 
tion. Any such election may be held and shall be held in 
any city, town or township in Peoria county if at least one 
hundred legal voters of any such town, cit}'' or township 
shal] join in a petition to the pro2)er authorities requesting 



AN ACT supplemental to an act entitled "An act to incorporate the Peoria, In force Feb. 10, 
Pekin and Jacksonville Railroad Coinpauy, approved June 11, 1863. l^^^- 

[Section 1]. Be itenactedhy the Jt^eopleof the State of 
Illinois^ reiyresented in the General Asserably^ That, whereas, 
it is represented that questions have arisen as to the extent Powers and 
of powers to construct and operate the said railroad, in- p""^''^^^^- 
tended to be conferred by the act to which this is supple- 
mental, it is hereby declared to be the meaning of the 
aforesaid act, and the same shall be construed to authorize 
and empower said Peoria, Pekin and Jacksonville Pail road 
Company, upon substantial compliance with the provisions 
of the above named act, to have, possess and be vested with 
and lawfully use, enjoy and exercise all the corporate pow- 
ers, privileges, rights, immunities and franchises heretofore 
given to the Illinois river railroad company by an act of the 
general assembly, whether the same were in force, or limi- 
ted, or expired, at the passage of the act aforesaid, the 
same as if fully repeated in the said act ; and to reach Peo- 
ria by crossing all highways and streams necessary to be 
crossed ; restoring the same to their former condition, and 
by crossing the Illinois river by bridge at or ne.ir Pekin, 
causing no unnecessary obstructions to the navigation of 
said river, and to complete the said work within ten years Time of oompie- 
from the date of the approval of said act of June 11, 1863. 

[§ 2.] This act to be in force from and after its passage. 

Approyed February 16, 1865. 



AN ACT to change the name of the Pittsburgh Railroad and Coal Com- In force Feb. 16, 
pany, and to extend its means of usefulness. ^^^' 

Section 1. Be it enacted hy the Peo])le of the State of 
Illinois^ represented in the General Assemlly^ That the cor- 
poration now known as the Pittsburgh Eailroad and Coal Name changed. 
Company, existing by virtue of an act to amend an act, en- 
titled " An act to amend an act to incorporate the St. Clair , 
Railroad Company," approved February 19, 1859, shall 



V...... ^ ...^. J ^j vvv...L.,-ii/.cu Lu oxreiui Its road from 

its present eastern terminus in an eastern, northeastern, 
southeastern and soutliern direction, through the counties of 

St. V hiir, Monroe and liandolph, not exceeding ■ miles 

in length from said terminus, for the purpose of developing 
the coal mines thereof, and of working and bringing to 

night of way. market the products thereof. And in aid of this object, the 
said Illinois and St. Louis Railroad and Coal Company maj 
condemn land and other property, for the right of way, 
and the construction of said roud and In-anch roads, in such 
manner as is provided by law in respect to this and other 
railroads in the state of Illinois. 

Lands held. ^ 3. The Said Illiuois and St. Louis Kailroad and Coal 

Company may purchase, in addition to the lands now 
owned by said company, f >r mitiing purposes in said coun- 
ties of Illinois, to the extent of as miy be necessary for the 
successful accomplishment of the object of its incorporation, 
two thousand acres of coal lands to each bi'ancii of said 
road. 

wiggir.s- ferry. ^ J-, go goou as tlic exclusivQ privileges, if any such 
there be, now enjoyed by the AViggiiis Ferry Company, or 
the St. Clair and St. Dennis Steam Ferry Company, lessees 
of the common of Cahokia to estalVdsli and maintain a 
ferry between the said common of Cah(<kiaand the Missouri 
shore shall expire, the said Illinois and St. Louis liailroad 
and C<jal Company nuiy establish and maintain a ferry or 
ferries betv\'een the land, by the said Illinois and St. Louis 
Kailroad and Coul Companv, leased from the village of Ca- 
hokia and t]\(i city ot St. Loui^, f )r the transportation, from 
shore to shore, of the ])roducts of the mines of the said Illi- 
nois and St. Louis Railroad and Coa' Company, and, also, 
of other i<roduce, merchandise, cari'iages, animals and trav- 
elers. 

Revfrrsion of Ca- R 5, Jn ,,rd(jr t') irive ijcrmanence and solidity to the 

nokia common. '-" . , . , ~^,.. '. , , • i> -i i i 

operations ot the said Illinois and St. Louis Uailroad ana 
Coal Company, autiiority is hereby gi\'en to the supervisor 
of the vilia^rc^ ( 'aliokia, with the consent of a majority of 
the taxable inhai)itants of said village, to release and con- 
vey in Ibe, to tiic Illinois and St. L(juis iiailroad and Coal 
Company, the reversion of that part of the common of Ca- 
hokia Vvdiich is now leased bv the said Illinois and St. Louis 



RAILROADS. 205 

Kailroad and Coal Company, or any part thereof, upon such 
terms as may be mutually agreed upon. 

§ 6. This act shall take ettect and be in force from and 
after its passage. 

Approved February 16, 1865. 



AX ACT to tmpower the Quincy and Toledo Railroad Company to extend in force Feb. IC 
its Railroad to the Mississippi River at Quincy. 1865. 

Section 1. Be it enacted by the Feople of the State of 
Illinois^ represented in the General Assembly^ Tliat the com- 
pany called the Quincy and Toledo Railroad Company, Extension road. 
now exercising corporate franchises in the operation of 
said railroad, nnder an act entitled " An act to incorporate 
the Quincy and Toledo Railroad Company," etc., approved 
January 31, 1857, be and the same is empowered, under the 
act aforesaid, to extend and operate said railroad, by lateral 
branch, or otherwise, westwardly to the Mississippi river, 
at the city of Quincy; and said company may consolidate union with other 
with any line or lines of railroad which connect, or here- '"°^'^^" 
after may connect therewith, forming a continuous thorough- 
fare. 

§ 2. • For the purpose of said extension, said company Right of way. 
may condemn, in pursuance of the general laws of this 
state, private and corporate property, necessary for right of 
way, depots, buildings, appendages and landings ; and, with 
the consent of the city of Quincy, may obtain or use streets 
and public grounds of said city. 

§ 3. Said company, to raise money for the construction Borrow money. 
and equipment of said extension, may mortgage or convey 
the whole line of said road so extended, or said extension, 
only as the exigencies of said company may require ; and 
said company may contract with any railroad or ferry to fa- 
cilitate its business of carrying. This act and the act here- 
inbefore mentioned, shall be deemed public acts, and this 
act shall take effect from and after its passage. 

Approved February 16, 1865. 



AN ACT to incorporate the Quincy and "Warsaw Railroad Company. in force Feb. 16, 

1S65. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That John 
"Wood, Charles A. Savage, Onias C. Skinner, Edward corporators. 



206 RAILROADS. 

Wells, Rob-ert Tillson, Henry Hill, Calvin Coles, George J. 
Rodo-ers, AYilliam English and their associates, successors 
and assigns, be and they arc herebj created a body corpor- 

xame and style, ate by the name and style of "The Quincy and Warsaw 
Railroad Company," with perpetual succession, and power 
to build, maintain and use a railroad from the city of 
Quincy, in Adams county, to the city of Warsaw, in Han- 
cock county, liUnois, upon some practicable line between 
said points. 

Powers. ;j 2. Said corporation shall also have power to purchase, 

hold, lease, sell and convey estate, whether real, ])ersoual or 
mixed, so far as may be necessary to carry out the inten- 
tions of this act; and in their corporate name may sue and 
be sued, and have a common seal, which they may alter or 

Seal. renew at pleasure; and shall have and exercise all powers, 

rio'hts, privileges and immunities which are or may be ne- 
cessary to carry into effect the purposes and oojects ot this 
act. 

Width of road. ^ 3. For thc purposc of constructiug Said railroad, said 
company shall have power to lay out and establish their 
road, in width not exceeding one hundred feet, through the 
entire line thereof, and may talve and appropriate to their 
own use all such lands necessary for the construction of said 
road, u];)on lirst pa.ying or tendering therefor such amount 
of damages as shall have been settled by appraisers in the 
manner hereinafter provided, on all such lands as may be 

Right of way. taken by said company, and for the purpose of cuttings and 
embankments, and for the purpose of obtaining stone, sand 
and gravel, may take and appropriate so much more land 
as may be necessary for the proper construction, mainten- 
ance and security of said road, and for constructing shops, 
depots, side tracks and other suitable and convenient fix- 
tures pertaining to said railroad; may take and have, use 
and occupy any lands on either side of said railroad, not 
exceeding one hundred and hfty feet in width ; said company 
talking all such lands as gifts or purchases, or making satis- 
faction fur the same in the manner hereinafter provided. 

Lands of infants. | 4. If Said coiupauy cauuot agree with the owners of 
lands which may be taken for the purposes aforesaid so as 
to procure the same by deed or act of such owners of lands, 
or if the owner or occupier, or either of them, femme covert, 
infant, non comjjos laentis, unknown or out of the county in 
which t!ie land or property wanted may be situated, the 
same may be taken and paid for (if any damages be 
awarded; in the manner provided for in "An act to provide 
for a general system of railroad incorporations," approved 
iN'ovember ;"3th, 1849, and according to the j^rovisions of 
this act. 

Subscription to § 5. Said Corporation sluili causc books to be opeucd fop 

''^^^^' subscription to the capital stock thereof, divided int(j shares 

;, of one hundred dollars each, at such times and places as 



RAILROADS. 207 

the J may choose, and shall give at least thirty days' notice 
thereof by publication in a newspaper published in the town 
or city where said books may be opened, and if there be no 
newspaper published therein, then in the nearest newspaper 
thereto. It shall be lawful for all persons of lawful age or 
for the agent of any corporate body to subscribe any amount 
to the capital stock of said company. 

§ 6. The corporation may require each subscriber to pay ^g^^™,.^"*^ °" 
such an amount at the time of subscribing, not exceeding 
live dollars on each share, as shall be thought proper. 

§ 7. So soon as one hundred thousand dollars of the ^^'1°^^°° °^ ^'' 
capital stock is subscribed, the corporators herein siimed, or 
a majority of them, shall call a meeting of the stockholders 
for the election of not less than seven directors, who shall 
be stockholders, of which meeting thirty days' notice shall 
be given by publication in one or more newspapers pub- 
lished in said city of Quincy, and also in said city of War- 
saw; and the said election shall be conducted by two 
judges appointed by the stockh6lders present and the per- 
sons having a plurality of votes shall be declared elected. 
In all elections the holders of stock shall be entitled to one 
vote for each share he or she may hold, and any person 
having a right to vote may vote by written proxy. When- 
ever the aforesaid sum of one hundred thousand dollars is 
subscribed, as aforesaid, the said corporation may com- 
mence, construct and complete the aforesaid railroad. 

§ 8. All elections, after the first, for officers of this cor- Annual exhibit, 
poration shall be held on the first Monday in April annu- 
ally under the direction of three stockholders not directors 
at the time, to be appointed by an order of the board at a 
previous meeting : Promded^ that said directors may cause Proviso, 
elections to be held on any other day should there be no 
election on that day, and all elections shall be held at some 
point on the road as aforesaid. The directors elected as 
aforesaid shall continue in office for one year, and until their 
successors are elected and qualified, and a majority shall Quorum. 
form a quorum for the transaction of business. 

§ 9. Said company is authorized and empowered to borrow money. 
borrow from time to time such sum or sums of money as in 
its discretion may be necessary to aid in the construction of 
said road, and pay any rate of interest, not exceeding ten 
per cent, per annum, and to pledge and mortgage said road 
and its appendages, or execute a deed or deeds of trust on 
the same, or any part thereof, or on any other property or 
efi'ects, rights, credits or franchises of the said company as 
security for any loan of money and interest thereon ; and 
to make and dispose of any bonds issued for such loan, at 
such rates and on such terms as the board of directors may 
determine. 

§ 10. Said company shall have power to unite its rail- ^^0^°^° 7''^ °^^^ 
road with any other railroad now constructed or which may 



20S 



RAILROADS. 



Bv-law3. 



liereafter bo cniistnicted, upon siicli terms as may be mutually 
agreed upon between the companies connecting and to con- 
solidate its property and stock, and to merge its corporate 
existence and franchises in and with those of the corpora- 
tion (tr corporations owning an}- such connecting road upon 
such terms as may be agreed upon. 

,^ 11. Said corporation shall have power to make, ordain 
and establish all such by laws, rules and regulations as may be 
deemed expedient and necessary to fulfill the purposes and 
carry into effect the provisions of this act, and for the well- 
ordering and securing the interests of said company, not in- 
consistent with the laws of this state. 

^ 12. This act shall be deemed and taken as a public act, 
and take effect from and after its passage. 

ArPKOVED February 16, 1865. 




1S65. 



Acts revived. 



Corporators. 



In force Feb. 16, ^y ACT to revive and continue in force an act entitled ''An act to incorpo- 
vate tlie Randolpli county Coal, Railroad and Manufacturing Company," and 
for otlier purpose?. 

Sf:cTioN 1. Be it enacted hy the People of the State of 
Illinois^ represented in the G-eneral Assernbli/, That an act 
entitled "An act to incorporate the Kandoljih County Coal 
itailroad and Manufacturing Company," approved February 
1-lth, A. D. 1S57, and the amendment thereto, approved 
February 24:th, a. d. 1859, aie hereby revived and continued 
in force, anything contained in the fifteenth section of said 
act or in the sixth section of said amendment thereto, to the 
contrary notwithstanding. 

^^ 2. That in place of the persons named as corporators 
in the iirst section of said act, Joseph B. Holmes, llerman 
C. Cole, Charles Block, ^'athan Cole and Thomas M. 
Holmes shall have power to organize said company by the 
appointment of a president and such other officers as they 
may deem necessary ; and shall act as directors of said 
c<jmpany for one year from the organization thereof, and 
until their successors are elected and duly qualilied. 

§ 3. That said com];»any when organized shall have, 
possess and enjoy all the rights, i)Owers, privileges and im- 
munities granted by the act hereby revived, or heretofore 
conferred Ity law in this state upon any other company char- 
tered for similar purposes. 

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

Ai'i'UOVED February 16, IS 65. 



Rights andprlvi- 
let'es. 



RAILROADS. 209 

AN ACT to incorporate the Rockford, Rock Island and St. Louis Railroad In force Feb. 16, 

Company. 1865. 

Section i. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That Thomas 
D. Robertson, Selden M. Church, Henry A. Nix, Benjamin corporators. 
C Coblentz, William A. Sanborn, A¥m. Pratt, Ralph Sage, 
William S. Thomas, A. L. Waite and Calvin Truesdale, and 
all such persons as shall hereafter become or be stockhold- 
ers in the company hereby incorporated, are hereby created 
a body politic and corporate, under the name and style of 
"The Rockford, Rock Island and St. Louis Railroad Com- Name and styie. 
pany," and by that name shall be and they are hereby made Powers. 
capable, in law and equity, to sue and be sued, plead and 
be impleaded, defend and be defended, in any court or place in 
this state or elsewhere ; to make, have and use a common seal, 
and to renew or alter the same at pleasure, and shall be ca- 
pable, at law and equity, of contracting and being contract- 
ed with ; and they are hereby authorized to make and ordain 
all necessary rules, regulations or by-laws for the carrying 
out of the purposes and objects of this act, and to alter and 
change the same at pleasure ; and shall be and are hereby 
invested with all the powers, privileges, immunities and 
franchises, including the acquiring by purchase or otherwise, 
and holding and conveying real and personal estate, which 
may be needful to carry into full effect, the purposes and 
objects of this act. 

§ 2. The capital stock of said company shall be five capital stoct, 
hundred thousand dollars, which maybe increased by a vote 
of the board of directors of said company, to any sum not 
exceeding the actual cost of the construction and operation 
of said road ; all which capital stock to be divided into 
shares of one hundred dollars each, which shall be deemed 
personal property, and may be subscribed for, issued and 
transferred in such manner as the board of directors may 
prescribe. 

§ 3. The corporate company hereby created shall have Line of road, 
power to survey, locate, establish, construct, complete, use, 
operate, alter and maintain a railroad with one or more 
tracks, commencing at the city of Rockford, in the county 
of Winnebago, thence, by the most practicable route, by 
way of the city of Sterling, in the county of Whiteside, and 
the city of Rock Island, in Rock Island county, to some 
practicable point on the east bank of the Mississippi river, 
opposite the city of St. Louis, in the state of Missouri, with 
all such appendages, to-wit : Side tracks, turnouts, switches. Appendages, 
depots, depot grounds, stations, wells, water tanks, build- 
ings, erections and structures as shall be necessary for the 
construction and operation of said road. Said company are 
hereby empowered to lay out, take, hold and use for the or- 
dinary track of said railroad, the width of one hundred feet 

— *15 



i>10 EAILEOADS. 

along its entire route, and such additional grounds as shall 
be necessary for its said appendages ; and in case of em- 
bankments, cuttings or crossings, it* more than said one hun- 
dred feet, shall be necessary, then said company may take, 
hold and use as many more feet in width, at those points, 
as shall be necessary for the proper construction and security 
of said road; and said company are likewise hereby empow- 
ered to take, hold and use the grounds of stone and gravel, 
in section four, hereof mentioned, and the right of way 
thereto. 

Survey cf route. § 4:. Said compauy is hereby authorized by their agents, 
surveyors and engineers, to enter upon any lands and make 
all necessary examinations and surveys along or near the 
proposed route for the location of said railroad and appen- 
dages, and shall be responsible only for the actual damage 
done to any such lands or premises in so doing ; and in case 
said company shall not be able, by purchase or voluntary 

Right cf^ray. cessiou, to acquiro the right of vray and grounds for said 
railroad and appendages, and grounds of stone or gravel, 
(for the purposes of building, ballasting, or repairing the 
same or any of them,) and the rights of v/ay to such grounds 
of stone or gravel, said company are empowered to take, 
condemn and use, or otherwise lawfully obtain and use the 
same, respectively, under the provisions of an act for con- 
demning the rights of way, etc., for purposes of internal im- 
provement, approved June 22, 1852, or under any other of the 
laws of this state that may be in force, in that behalf, au- 
thorizing the appropriation of lands or rights of way for such 
purposes. 

§ 5. The rights of way and other real estate purchased 
by said company for any of the purposes aforesaid, shall be 
held by them in fee simple : and any such rights of way or 
real estate taken, condemned or appropriated, as aforesaid, 
shall, upon due fulfillment by said company of the condi- 
tions prescribed by law, to be by them performed or ob- 
served, to entitle them to such property, shall also be held 
by said company in fee simple. 

Borrow money. g 0. The Said compauy is hereby authorized, from time 
to time, to borrow such sum or suras of money, not exceed- 
ing the capital stock of said company, as may be necessary 
for the completi]^g, equipping, furnishing, maintaining or al- 
tering their said railroad, and to issue and dispose of their 
bonds at such rate of interest not exceeding ten per cent., 
per [innum, and at such discount as may be tliought for the 
benetit of the company, and to mortgage their corporate 
property and tranchises, or convey the same by deed of 
trust to secure tlie payment of any debt contracted by said 
com])any for the purposes aforesaid, or any of them. And 
the directors of said company may, at any time, confer on 
the holder of any such bond the right to convert the princi- 
pal due or owing thereon, into stock of said compauy, and 



RAILROADS. . 21X 

any such bonds that may be sold or disposed of at a less rate 
than par, shall be as valid and binding upon said company 
as if the same were sold for the par value thereof. 

§ 7. Said company shall have power to unite, connect or union with other 
consolidate its railroad, or any part thereof, with any other '"°'^''^" 
railroad constructed, or which may hereafter be constructed 
in this state, upon such terms as may be mutually agreed 
upon by and between the several companies ; and for that 
purpose full power is hereby given to the company hereby 
incorporated, to do all such acts and execute all such instru- 
ments as may be necessary or advisable to efi'ect such union, 
connection or consolidation, as the case may be : Provided^ Proviso, 
that at any annual meeting of the stockholders, three-fourths 
of them shall vote for such consolidation. 

§ 8. All the corporate powers of said company shall be Directors, 
vested in and executed by a board of nine directors, who 
shall be chosen by the stockholders of said company in the 
manner hereinafter provided, who shall hold their offices 
for one year and until their successors are elected and cpiali- 
hed ; and shall have power to appoint all such officers, 
agents and servants as shall be necessary for the transac- 
tion of the business of the company. A majority of the di- Quorum. 
rectors present, at any meeting of said board, shall consti- 
tute a quorum to do business. Isone but stockliolders 
shall be eligible as directors. Vacancies occurring in the 
board of directors between elections, shall be filled by the 
board at any legal meeting thereof, and each person so elect- 
ed to nil a vacancy, shall, thenceforth, be and continue in 
office for the remainder of the term, as if elected at the last 
preceding annual election. 

§ 9. A meeting of the stockholders of said company Annual election, 
shall be held, annually, for the election of directors ; and the 
time, place and manner of holding such elections (except the 
tirst election which is hereinafter separately provided for) 
shall be fixed and determined by the by-laws, for the time 
being, of said company ; but at such meetings the voting 
shall done by ballot; and each stockholder, either in person 
or by lawful proxy, shall be entitled to one vote for each 
share of said capital stock, he, she or they may, ho7ia fide^ 
hold at the time of election, and the nine persons receiving 
the highest number of votes cast shall de declared elected. 

§ 10. The board of directors shall, out of their own num- officers, 
ber, elect a president and vice-president of said board, whose 
powers and duties, respectively, shall be declared and de- 
termined by the by-laws of the company, for the time being. 

§ 11. Thomas D. Eobertson, Henry A. Nix, Benjamin Books opened. 
C. Coblentz, Ralph Sage and William S. Thomas, are here- 
by appointed commissioners, who, or a majority of whom, 
are hereby authorized to open subscription books for said 
capital stock, at such place or places as they may deem pro- 
per, and shall give at least twenty days' public notice of the 



Firs: board. 



'21'2 RAILROADS. 

times ar.u pince?. "when and where sncli books sliall he opened ; 
and shall keep such bo^iks so opened until the smn of fifty 
thousand dollars of said capital stock shall be subscribed for. 
Said connnissioners shall require each subscriber to ]:)aj live 
per cerit. on eacli sha)-e subscribed for by him, at the time 
of subscribing-; and when the sum of fifty thonsand dollars 
shall have been so subscribed for, the said commissioners shall 
call a meetini;' of the stockholders, at the city of Sterling, 
in Whiteside county, in this state, to ch'iose the lirst board 
of directors of said compan}'', by giving twenty days' public 
notice of the time, place and object of such meeting; and 
vrhen such directors are chosen, said commissioners shall 
deliver such subscription V)Ooks, with all sums of money re- 
ceived by them as such commissioners, to said directors. 
xVt the time and place so appointed for such meeting raid 
election, the said commissioners, or a majority of them, shall 
attend and act as inspectors of said election ; and the stock- 
liolders, by themselves, or a lawful proxy, shall proceed to 
and elect nine persons to compose said lirst board of direc- 
tors, by ballot; such election shall be determined by a ma- 
jority of votes cast ; and the said inspectca-s, or a nuijority of 
then], shall certify the result of said election, under their 
hands, which certilicate shall be recorded in the record book 
of said company, and shall be sufHciont evidence in all 
places, of such election of the directors therein named. Said 
lirst board of directors shall elect a chairman to preside at 

.\n',icc of dec- their meetings until the}' shall elect their president. The 

''•^"- several notices in this section required to be given, shall be 

so given by publication in some two or more newspapers 

having circulation in the vicinit}' of said proposed railroad. 

croc.in- other ^"^ ^2. Whenever it shall be necessary for the construc- 

roads. tjon of said railroad to intersect or cross a track of any other 

railroad, or any road, highway, lane, canal, st]-eam of 

water or water course, lying on the route of said propt'sed 

railroad, it sliall be lawful for said company to construct their 

p.uvisc. railroad across the same, respectively : Provided^ that said 

company shall restore the same, respectively, thus intersect- 
ed r»r crossed, to their former state, or in a sufficient manner 
so as not materially to impair their usefulness. 

Call for st&ck. ^ 1'^'- ^^ sliall !)e lawful for the directors to make calls 
upon the sums suljscribed to said capital stock, at such times 
and in such amounts as they shall deem lit, not exceeding ten 
per cent., per month, or a proportionate per centage for a. 
longer ]jeriod, giving at least thirty days' notice of each said 
call in at least three newspapers published in the vicinity of 
said road : and in case of failure of any stockholder to make 
payment of any such call for sixty days after the same shall 
have been due, tlie board of directors are hereby authorized 
to declare said stock so in arrears, and all sums paid thereon 
forfeited to the company ; or said directors may enforce the 
payment of the whole amount subscribed by such stockhold- 
er, according to law. 



EAILEOADS. 213 

§ 14. The said company is hereby authorized and em- May seii loaa. 
powered to convey, sell and dispose ot to any /ailroad com- 
pany now or hereafter to be incorporated, the whole or any 
portion of their railroad authorized to be constructed by this 
act, upon such terms as may be agreed upon between the 
respective companies ; the expediency of such proceeding 
having been first submitted to a vote of the stockholders of 
this corporation for their approval or disapproval, at any 
annual meeting, and approved by three-fourths of the votes 
of the stockholders of said company. 

§ 15. In case it shall at any time happen that an elec- Elections. 
tion shall not be made at the time when, in pursuance of 
this act it ought to be made, the said corporation shall not, 
for that cause, be dissolved ; but such election shall be held 
at any other time directed by the by-laws of said corpora- 
tion. 

§ 16. Said company are hereby authorized to take and stockbonds. 
receive from any of the subscribers of said capital stock, 
bonds or promissory notes, secured by mortgages on real 
estate, or mortgages on real estate alone, for and in payment 
of the full amount of their several subscriptions; which se- 
curities, respectively, may bear interest at the rate of ten 
per cent., per annum ; principal and interest, respectively, 
to be payable at such times as the directors and said sub- 
scribers shall agree, respectively. Said securities, respec- 
tively, shall be assignable in all respects as in ordinary 
cases ; and the signature of the president, for the time being, 
as president of the board of directors of said company, shall 
be a sufficient signature for the company in that behalf; and 
the assignment of any such note or bond shall, of itself, car- 
ry with it and be considered to include the assignment, also, 
of the mortgage securing the same, as in ordinary cases. 

§ 17. It shall be lawful for said company, at any time Branch roads. 
or times, hereafter, to project and extend from any point or 
points of their said road, branches or side tracks thereof, to 
any coal or mineral bed or beds, or mines, in the respective 
vicinity ; such branches or side tracks, with the necessary 
appendages, shall be laid out, built and governed, and rights 
of way and other grounds obtained therefor under and ac- 
cording to the provisions of this act; and such branches and 
side tracks shall be and come in the aforesaid and all other 
respects, within the meaning and operation of this act, so far 
as applicable, and the same shall be treated in all respects 
as a part of the main line. 

§ 18. The main line of said railroad shall be divided in- sections of main 
to three separate sections or grand divisions ; the first there- 
of to begin and to extend from the city of Rockford, in 
the county of Winnebago, to the city of Sterling, in the 
county of W hiteside ; the second from said city of Stei-ling 
to the city of Rock Island, or to a point near the city of 
Rock Island, in Rock Island county ; and the third grand 



line. 



•214: EAT LEO ADS. 

division or section to extend from the soutliern terminns of 
said soc<>nd grand division or section to the southern terminus 
of tlie main hne of said road, opposite the city of St. Louis, 
aforesaiih And said corporation is herehy furtlier empow- 
ered U) lii'st biiikl either of said grand divisions or sections, 
that mav seem best and most practicable; and the building 
of eitlier cne of said grand divisions or sections, within the 
time liereinafrer speciiied, shall be deemed a full compliance 
with the re(pnrements and objects of this act. Anything in 
this act contaiiKxl, to the contrary notwithstanding. 
Tiae to bedn ^ It), Said con:i]:)any shall c<'immence the construction of 
i-oHd. "''^^''^''^'' said railroad Avithin live years, and complete the same as 
aforesaid, within Hfteen years from the passage of this act. 

§ 20. This act shall be deemed a public act, and shall 
take etlect from and .after its passage. 

ArriiovED February 16, 1SG5. 



In f-Tce April 1=^, AX ACT to amend :in act to incorporate the Rock I>^!:ind and Alton Railroad 
l5u'5. Company, appiovL-d rehruary 14, 1S55. 



Section 1. Be it enacted hy the People of the State of 
JIli?iois, repi'eseiitcd ill the General Asse mil tj. That so much 
Time of compie- of the act to whicli this is an amendment, as requires said 
tion extended. cQ^npr-uy to Complete Said railroad within six years from the 
passage of said act, is hereby repealed; and that the time be 
extended for completing said railroad, fur ten years after the 
passage of this amendinent. 
Application of ;^ 2- That tliis amendment shall apply to the St. Louis, 
'•ct- xViton and Kock Island Railroad Company, and all the acts 

of the iv/esent board of directors of said company which are 
consistent witli the charter of said com])any, known as "xVn 
act to incorpo]'ate the liock Island and Alton Kailroad 
Company," approved February 1-1, 1S55, and the amend- 
ments tliereto are hereby legalized and declared valid. 
ArriiovED February 10, 1SG5. 



Ir fvrc^ F--b 10 AX ACT to incorporate the Sangamon A'allcy Railroad Company. 

1^6.!;.' ' ' 

Section' 1. 7?^? it enacted hij the People of the State of 
Pljjioi^^ TepreHeided in the General Assemfdy^ That lloi-ace 
Corporators. JiiUiiigs, (roorgc 11. Noltc, Cliristophcr II. C. Ilavekluft, 
Charles Sprague, J. lleury Shaw, Francis II. Rearick, 
Samuel Shaw, Sylvester Paddock, John P. Dick, Levi Dick, 
and their associates, successors and assigns, be and they are 



RAILROADS. 215 

hereby created a body politic and corporate, by the name 
and style of "The Sangamon Yalley Kailroad Company," Name and style, 
with perpetual succession ; with power to sue and be sued, 
plead and be impleaded, in any court of law or equity in 
this state ; to make and use a common seal, and to alter the 
same at pleasure ; with power to build a railroad and use Powers and 
and maintain the same, with single or double track, from p^^^i^ges. 
the city of Beardstown, in the county of Cass, through or Route of road. 
near the corj^orate limits of the town of Chandlerville, in 
said county of Cass, to some point on the Petersburg and 
Tonica railroad, to be selected by the directors of said com- 
pany ; and thence by the most practicable route to the city 
of Springfield in Sangamon countj^ '^ 

§ 2. That the several counties, cities or towns, through who may take 
or near which said road shall pass may subscribe for and ^^°^^' 
take stock in this company : Provided^ that no such sub- Proviso, 
scription shall be made unless a majority of the legal voters 
of said county, city, or town shall vote for the same at an 
election to be held un(?er an order of the county court in 
cases of counties, and of the corporate authorities in cases of 
towns and cities. 

§ 3. This company is hereby authorized, for the pur- Right of way. 
pose of procuring the right of way of said road, to proceed 
under the act to provide for a general system of railroad in- 
corporations, approved November 5th, 1849, and under the 
act amendatory to said act approved June 22, 1852, for the 
condemnation of land by incorporated companies. 

§ 4:. That al the rights, privileges, advantages and pow- ^-^^^^ conferred 
ers conferred upon the St. Louis, Kock Island and Alton 
railroad company, so far as applicable, are hereby conferred 
upon the Sangamon Yalley Kailroad Company, with the 
same regulations in relation to organization and election of 
oflBcers. 

§ 5. Said railroad company is hereby divided into three sections of road, 
sections : The first extending from Beardstown to Chandler- 
ville ; the second from Chandlerville to the Petersburg 
and Tonica railroad ; and the third from the Petersburg and ,v < .' 
Tonica railroad to Springfield. And its board of directors 
may commence and complete any one of said sections at 
such times as they may deem proper ; and the capital stock 
of each section shall be separate, and shall be fixed by the 
board of directors at such a sum as they may deem neces- 
sary to complete the same — the stock of each section, how- 
ever, to be divided into shares of fifty dollars. 

§ 6. This act shall be construed liberally, and shall be 
deemed a public act, and be in force from and after its pas- 
sage. 

Approved February 16, 1865. 



210 RAILROADS. 

In force Feb. 16, AX ACT to incorporate the Shawncetown Ijraneh of the Illinois Central 
1>65. Eailroad Company. 

Sectiox 1, Be it enacted hy the People of the State of 
lUrnois^ rejv'tse?ii€d in the General Assemhiy, That all such 

xauieand style, poi'sons aiul corpijratioiis as shall become stockholders under 
the provisions of this act, and their successors, be and are 
hereby created a body ])olitic and corporate by the name of 
the Shawneetown branch of the Illinois Central Eailroad 
Company, with all the rights and powers incident and neces- 
sary to such corporation. 

Capital stock. ^ 2. The Capital stock of said company shall be five hun- 

dred thousand dollars, with power to increase the same, from 
time to time, in such amount as may be found necessary to 
complete and operate the railroad herein authorized ; it may 
be divided into shares of one hundred dollars; each share shall 
entitle the owner to one vote. 

Place and eiec- .^ 3. "Wlicu twcnty-five tliousaud dollars is subscribed 
uectorb ^i^g subscribers may meet at Mount Yernon and elect seven 
directors, and as many more, from time to time, be fixed by 
by-laws. The board of directors so elected, and their suc- 
cessors, shall have and exercise all the powers of the cor- 
poration, and which includes every power necessary to ac- 
complish the objects of this act, and may for the ])urpose 
adopt by-laws, rules and rei^ulations for the management and 
government and control of all the property and afi:airs of 
the corporation, provided the stockholders may by resolu- 
tion limit and restrict their powers in such manner as they 
may think proper. 

Route of road. § 4. The corporatiou may take, hold and convey such 
real estate and personal property as may be deemed neces- 
sary to carry out the objects of this act, which are building, 
enuipping, maintaining and operating a railroad, with single 
or df_»uljle tracks, from Tonti, on the Chicago branch of the 
Illinois Central Railroad, to Salem and Mount Yernon to 
Shawneetown, with all convenient turn-outs, side tracks, 
stations, depots, buildings, and other structures. 

Eight of way. g 5. YoY the purposc of acquiring the necessary lands 

for a right of way, not exceeding one hundred feet in 
width, and for turn-outs, side tracks, stations, depots, build- 
ings, and other structures, and for materials to build, bal- 
last and repair the same, or any of them, in case ot disagree- 
ment as to price between the company, by its agents, and 
the owner or owners of any lands, the same may be con- 
demned, taken and used under the provisions of "An act to 
amend the law condemning rights of way for purposes of 
internal improvement," a])])roved June 22, 1852. 

p-i^'^i's ^ ^ and :- 0, All the rights, powcrs, privileges and actions Created, 
^"''' ''°'"" conferred, authorized or imposed by the provisions of the 
eleventh section of "An act to incor])orate the Illinois Cen- 
tral Kailroad Company," approved February 10, 1851, are 



RAILEOADS. 217 

hereby created, conferred, authorized and imposed upon 
this company : Provided^ any judge of a circuit or county Proviso, 
court may, instead of the judge of the district court of the 
United States, appoint the third person as commissioner, in 
case of a disagreement between the commissioners : And^ 
jprovided^ further^ that in case either party refuse or neglect 
for one month after the request of the other to appoint or 
choose one commissioner, as therein provided, then any 
circuit or county judge may appoint such commissioner also. 

§ 7. The corporation may borrow such sums of money Borrow money, 
[asj they may deem advisable, and upon such terms as they 
may agree upon, for carrying out the objects of this act, and 
may provide any security therefor, as they may think best, 
by bond and mortgage, or otherwise. 

§ 8. The county court of Jefferson county are hereby Jefferson county 
authorized and empowered to subscribe for such amount of ^^^ ^^^^ ®*°°''' 
the capital stock of said company as they may think proper. 
They may issue bonds of the county and provide for the pay- 
ment of the principal and interest thereof, by sale or mortgage, 
one or both, of the swamp and overflowed lands of said swamplands. 
county, and dispose of such bonds for money to pay, or in 
payment of, their subscription to said stock, all and each to 
be upon such time, terms and in such mode as they may - 

deem best, or they may make such other disposition of said 
swamp and overflowed lands in aid of the construction and 
maintenance of said railroad as they may deem best for the 
public interest of said county. 

§ 9. Before any disposition is made of said swamp lands. Election "for" 
overflowed lands, or any subscription to the stock of said ^"^ ^^^^^^ ' 
company, the county court may at any regular or special 
term of said court, order a special election to be held for the 
purpose of taking the sense of the qualified voters of the 
county thereupon, giving such notice thereof as they may 
deem proper, and which shall be conducted and returns 
made, canvassed and published, in all respects as other 
county elections. The county court shall prepare a proposi- 
tion or propositions of the mode or modes, one or more, con- 
taining a brief, clear, distinct idea of the plan or plans pro- 
posed by them for aiding in constructing of said road, which 
said proposition shall be printed at large as an election 
ticket, and the voters may express their will on said proposi- 
tion by writing "yea" or "nay" on said tickets. The propo- , ^ 
sition or plan having the highest number of votes shall be 
adopted by the county court, provided a majority of all the 
votes given in favor of the several propositions or plans, so 
submitted in aid of said road, shall be a majority of all votes 
given at said election. 

§ 10. Any county through which said road may run, or countiea may 

'^,..•^1 •' ,o, . , ,T T take stock. 

may be joined, or connected, or intersected, may and are 
authorized and empowered to aid in the construction of the 
same, and for this purpose the provisions of the seventh, 



21 S RAILROADS. 

eiglitli and ninth sections of tliis act sliall extend, include 
and he applicable to every such county and every such rail- 
road. 

Commissioners ^ n^ Ui'iel Mills, D. K. Grcen, John Cunniniijham, 
.oopenuooKs. ^^^^^^ ^^,^ ^^lemtt, C. W. Webstor and T._ J. Black, of Ma- 
rion county, be and they are hereby ap])ointed commission- 
ers to open books and receive subscriptions to the capital 
stock of said company ; any one of said commissioners may 
act alone. When ten thousand dollars have been sub- 
scribed, said commissioners, or any five of them, may 
appoint a time and place for a meeting, and give notice 
thereof to the subscribers, for the purpose of electing a 
board of directors. Any two of said commissioners may 
act as judges, and one or more as clerks of said election, 
and those so acting as judges and clerks shall count the votes 
and give certificates of their election. 

stock assignable g 12, Thc stock of Said couipany shall be deemed to be 
personal property, and transferable as provided by the by- 
laws. Tins shall be deemed and taken as a public act, and 
all the bj'-laws, rules and regulations and other proceedings 
of the stockholders and board of directors shall be suifi- 
cieiitly proven by a certified copy, under the hnnd of the 
secretary of said company. This act to take effect from its 
passage. 

Approved February 16, 1S65. 



In force Feb. 1(5, AX ACT to incorporate tlie Shawneetown brancli of the liliaois Central 
l^'^S- Eailroad Company. 

Section 1. Be it enacted hy the People of ili^ State of 
Illinois^ represented in the General Assembly, That all such 

Name and style, persous and corporatious as shall become stockholders under 
the provisions of this act, and their successors, be and here- 
by are created a body politic and corporate, by the name of 
the "Shawneetown Branch of the Illinois Central Railroad 
Company," with all the rights and powers incident and 
necessary to such corporation. 

Capital stock. | 2. Tlic Capital stock of said company shall be eight 
hundred thousand dollars, with power to increase the same, 
from time to time, in such amount as may bo found necessa- 
ry to com])lete and operate the railroad herein authorized ; 
it may bo divided into sliares of one hundred and fifty dol- 
lars ; each share shall entitle the owner to one vote. 

Place of election § 3. When an amount erpial to one thousand dollars per 
mile of the route of said road is subscribed, the subscribers 
may meet at Mount Yernon and elect seven directors, and 
as many more, from time to time, as may be fixed by laws. 



KAILKOADS. 219 

The board of directors so elected, and their Guccessors, shall Powers and priv- 
have and exercise all the powers of the corporation, and ^''^°^^" 
which includes every power necessary to accomplish the ob- 
jects of this act, and may, for that purpose, adopt by-laws, 
rules and reo^ulations for the manao:ement, government and 
control of all the property and affairs of the corporation, 
provided that stockholders may, by resolution, limit and re- 
strict their powers in such manner as they think proper, 
The corporation may take, hold and convey such real estate 
and personal property as may be deemed necessary to carry 
out the objects of this act, which are building, equipping, 
maintainiijg and operating a railroad, with single or double 
tracks, from Tonti, on the Chicago branch of the Illinois 
Central E-ailroad, thence to Salem, in Marion county, Illi- 
nois, thence to Mount Yernon, Jefferson county, and thence 
to McLeansboro, in Hamilton county, and thence to Shaw- 
neetown, a point on the Ohio river, in Gallatin county, Illinois, 
with all convenient turn-outs, side tracks, stations, depots, 
and other structures and buildings. 

§ 4. For the purpose of acquiring the necessary lands Right of way. 
for a right ot way, not exceeding one hundred feet wide, 
and for turn-outs, side tracks, stations, depots, and other 
structures and buildiDgs, and for materials to build, ballast 
and repair the same or any of them, in case of disagreement 
as to price between the company, by its agents, and the 
owner or owners, the same may be condemned, taken, and 
used under the provisions of an act to amend the law con- 
demning the right of way for purposes of internal improve- 
ment, approved June 22, 1852. 

§ 5. AH tlie rights, powers, privileges and actions Rights confen-ed 
created, conferred, authorized or imposed by the provisions 
of the eleventh section of "An act to incorporate the Illinois 
Central Eailroad Company," approved February 10, 1851, 
are hereby created, conferred, authorized and imposed upon 
this company : Provided^ any judge of a circuit court may, 
instead of the judge of the district court of the United 
States, appoint the third person as commissioner, in case of 
a disagreement between the commissioners : And^ provided^ 
further^ that in case either company refuse or neglect, for 
one month after the request of the other, to appoint or choose 
one commissioner, as therein provided, then any circuit judge 
may appoint such commissioner also. Borrow money. 

§ 6. The corporation may borrow such sums of money 
as they deem advisable, and upon such terms as they may 
agree, for the carrying out the objects of this act, and may 
provide any security therefor they think best, by bond and 
mortgage, or otherwise. Books of sub- 

§ 7. ITrial Wills, D. K. Green, Willis D. Green, Thomas ''''^''"'"^ 
M. Casey, Noah Johnson, A. G. Cloud, S. S. Marshall, 
Thomas S. Kidgeway and Orvil Poll, be and they are hereby 
. ppointed commissioners to open books and receive sub- . 



220 RAILEOADS. 

scriptioiis to the capital stock of- said company ; any one of 
Elections, Said coHiinissioners may act alone. AVlien tiie sum of one 

thons;ind dollars ]»er mile has been subscribed, said connais- 
sioners, or a majority of them, may appoint a time and place 
and give notice for a meeting of subscribers for the ])urpose 
of electing a board of directors. Any two of said com- 
missioners may act as judges, and one or more as clerks of 
said election, and those so acting shall canvass the votes and 
give a certiticate of election. 
stocky personal g ^. The stock of Said company shall be deemed per- 
sonal property, and transferable as provided by the bydaws. 
This shall be deemed and taken as a public act, and all the 
bydaws, rules and regulations and other proceedings of the 
stockholders and board of directors shall be sufficiently 
proven by a certitied copy under the hand of the secretary 
of said company. 

§ 9. This act to take eflect from and after its passage. 
ArrEovEn February IG, 1SG5. 



In force April 1^, AX ACT to amoml an act entitled "An act to incorporate the Springfield, 
1565. Keokuk and VVarsaw Railroad Company," approved February 13, 1S57. 

Section 1. Be it enacted hy tJie People of the State of 
Illinois^ represented in the General AsseirMy^ That so much 
Extension of of Said act as requires the said company to commence said 
''°"^- road within four years, and complete the same within ten 

years after the passage of said act, be and the same is here- 
by repealed ; and that the time be extended for completing 
said road oi' any one or more sections of the same, for ten 
Proviso. years after the passage of this amendment: Provided^ ih'cA 

a completion of any one or more sections of said railroad 
shall be considered a compliance with the requirements of 
said act. 

Approved February 10, 1S65. 



In force^Feb. 10, AN ACT in relation to the St. Loui?>, Alton and Eock Inland Railroad 
l'*-"^' Company. 

Skctiox 1. Be it enacted hy the l^eopjle of the State of 
Illinois^ represented in the Geiieral Assembly^ That said 
May mortgage comj^auy are licreby authorized and vested with full power, 
property. ^.^^. ^j^^^ purpose of Completing said road, to lease, mortgage, 
sell, convey and dispose of, to any individual, persons or cor- 
poration, all })roperty, whether real, personal or mixed, so 
acquired by them or in their name, for any purpose or pur- 



RAILROADS. 221 

poses whatever, whether obtained or possessed by gift, 
grant, purchase, forfeiture or otherwise, inchiding the whole 
or any portion of their road bed, right of way, grading, 
bridging, stone, gravel, timber or other material, and all 
privileges and things whatever, thereto appertaining, and 
such mortgage, lecise, sale, transfer or conveyance by them 
made of any such estate or effects, shall be and is hereby 
declared valid : Provided^ that if said company deem it for Proviso. 
the interest of said company to sell the road bed, estate and 
effects of said company, that the proceeds shall be divided 
among its stockholders of said company, in proportion to 
the stock each subscribed : Provided^ that said road shall 
not be sold to any competing line. 

§ 2, This act shall be in force from and after its passage. 

Approved February 16, 1865. 



aN act to incorporate the St. Louis, Vandalia and Terre Huute Railroad In force Feb. 10, 

Companj-. 1S65. 

Section 1. Be it enacted hy the Peoj)le of the State of 
Illinois^ represented in the General Assemhly^ That Henry 
Wing, F. Yv^. Lyttle, John S. Dewey, Andrew Mills, Solomon Name and style. 
Koepfli, Garrett Crownover, Curtis Elakeman, William S. 
Smith, Charles Holies, William S. Waite, John B. Hunter, 
Williamson Plant, Andrew G. Henry, Jediah F. Alexander, 
Nathaniel M. McCurdy, August H. Deickman, Ebenezer 
Capps, Frederick Keman, Matthias Fehren, Michael Lynch, 
Thomas L. Yest, J. F. Waschefort, Samuel Q. Quinn^ 
^^hauncey Rose, and Joseph H. Morgan, and such other per- ' • 
sons as may associate with them, for the purposes of this 
act, are hereby constituted a body corporate and politic, by 
the name and stjde of "The St. Louis, Vandal ia and Terre 
Haute Railroad Company," with perpetual succession, and 
by that name and style shall be capable, in law, of taking, 
purchasing and holding, leasing, selling and conveying, 
estate and other propert}^, whether real, personal or mixed, 
so far as the same may be necessary for the purposes here- 
inafter mentioned ; and in their corporate name may sue and 
be sued, have a common seal, and may have and exercise all 
powers, rights, privileges and immunities, which are or may 
be necessary to carry into effect the purposes and objects of 
this act as the same are herein set forth. 

§ 2. The said railroad company shall have fall power Route opened. 
and authority to locate, construct, furnish and maintain 
a railroad, with one or more tracks, commencing on the 
left bank of the Mississippi river, opposite St. Louis, run- 
ning thence eastwardly, through Greenville, the county seat 



222 EAILK0AD3. 

of Bond coiiiitv, and tliroua'li Vaiulalia, Lv the most eligi- 
ble route, tv a point on the liver AVaba^h, which they may 
deem the most convenient for extending the same to Terre 
Haute, in Indiana ; and for this purpose are authorized to 
lay out their said road in width not exceeding one hundred 
and iifty feet, through its Vvdiole length ; and for the purpose 
of cuttings, embankments and all necessary uses, niay take 
as much more land as may be needed for the construction 
and security of said railroad. 

Capital stock. ^ 3. Tlie capital stock of said company shall be three 
millions of dollars, which may be hereafter increased by a 
vote of the majority in interest of the stockholders, at their 
annual meeting, or at a special meeting, called for that pur- 
pose ; and said capital stock shall be divided into shares of 
one hundred dollars each. 

stockhouier3, li- ^ 1. Xo stockholdcr sliall be lield liable for the debts 

able how far. ^1 t 1 -Ti.- j? ^i i 1 i,i ^ j.- 

or Other liabilities ot tne company, be3'ond the amount ot 
stock for which he may liave subscribed. 

.\nnuai election. >^ 5. The immcdiiste government and direction of said 
company shall he vested in nine directors, vrho shall be chosen 
annually by the stockholders, and hold their oflices until a 
nev,^ board is chosen ; but until the iirst choice uf directors, 
the corporators above named shall constitute the board of 
directors, with power to Ull vacancies ; and any seven of the 
same shall be a cpiorum, and may at any time after the pas- 
sage of this act, cause books to be opened for subscriptions 
to the capital stock of said company, at such times and 
places, according to such conditions and regulations, and 
under the supervision of such persons as they may direct. 

oncers. i< (]_ The said board of nine directors shall elect one of 

their number president, and choose a secretary and treasu- 
rer, each of v.diom shall be a stockholder in said company. 

Sections of road. ^ 7. The Said road may be constructed and completed 
in sections of any prescribed length, to be determined upon 
by the directors ; and any portion of the road so completed 
may be ]jut in operation, with the privilege of collecting the 
charges for freight or passage. 

Time of com- R ^^ Whenever, in the oi>iniou of the board of directors, 
a sufficient amount of capital stock has been subscribed, the 
work on said road may be commenced and prosecuted to its 
final completion. 

uiL'htH and i>riv- g <)^ Tlic Said compauy shall have all the rights, privi- 
leges, powers and immunities, which are commonly given 
to, or exercised and enjoyed by, railroad companies in this 
state, wdiether the same be directly expressed in this act or 
not. 

City or county < 10. Any iiicorporatc city, town or county situate on 

tiid.7 <i f, fc.oc . ^^^ ^^^^^^^ l_i^^^ j.^^^ ^^^. ^^.j^ road, may subscribe to the capital 

stock of said company, any sum sum not exceeding one 
hundred thousand dollars; and may issue bonds in denom- 
inations not less than one hundred dollars, bearing interest 



RAILROADS. 

at a rate not exceeding ten per centum per annum, payable 
annually ; which bonds may run any period, not exceeding 
fifteen years, to be determined on by the county court, board 
of supervisors, town trustees, or other proper authority is- 
suing said bonds : Provided^ that before said stock shall be Provi 
subscribed, an election shall be held in conformity with the 
laws in regard to ordinary city, town or county elections, 
the usual notice having been given, and returns to be made 
in the usual way ; at which election, a majority of the 
legal voters voting on that question shall have voted in 
favor of such subscription; and to this end, the county 
court, board of supervisors, town trustees, or other proper 
authority may, from time to time, order elections, speci- 
fying the amount proposed to be subscribed: And^ "pro- 
vided Juriher^ that the vote of the people of Bond coun- 
ty, at the last November election, in favor of subscribing 
one hundred thousand dollars to a railroad on exactly the 
same line, with the same points, may be taken and held to 
be a vote for subscription of a like amount to the capital 
stock of the St. Louis, Yandalia and Terre Haute railroad, 
if the county court of Bond county choose to do so, rather 
than incur the expense of a new election. 

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

Approved February 10, 1865. 



AX ACT to authorize the inhabitants of the township of Sycamore, in De in force Feb. 15, 
Kalb county, to subscribe to additional stock ot the Sycamore and Cort- 1S65. 

land Railroad Company. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General AssemUy^ That the 
township of Sycamore is hereby authorized to subscribe for 
additional shares of stock in the Sycamore and Cortland 
railroad company, in a sum not exceeding five thousand 
dollars ; which said additional stock shall be raised and con- 
trolled in the same manner, and subject to the same condi- 
tions and provisos, as is provided in an act approved Febru- 
ary 20, 1861, and entitled "An act to authorize the inhabi- 
tants of the township of Sycamore, in DeKalb county, to 
subscribe to the stock of the Sycamore and Cortland rail- 
road company. 

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

Approved February 15, 1865. 



2 2 J: EAILllOADS. 

la force Feb. IC, AX ACT to incorporate the Tolouo ami Indianapolis Rialroad Company. 
is:5. 

Sectiox 3 . IJe it enacted hj the Peoj)Ie of the State of 
Illinois, represiiited in the General Assemhly^ That M. L. 

Name and style. .Snliivaiit, J, M. Sullivaiit, "William Koss, C. L. Eaton, Sam- 
uel AV. Brown, AYoodson Morgan, O. E. Cnlbertson, and 
G. D. Tewksbmy, and their associates, successors and as- 
sii^-ns, are hereby created a bod_y politic and corporate, under 
the name and style of the " Tolono and Indianapolis rail- 
road Company,'' with perpetual succession, and by that 

Powers. name they are hereby made capable to sue and l>e sued, 

plead and be impleaded, defend and be defended, in any 
court of law and erpiity in this state or elsewhere; and to 
make, have and use a common seal, and the same to renew 
and alter at pleasure ; and they shall be and are hereby 
vested with all powers, privileges and immunities, which 
are or may be necessary to carry into elfect the purposes 
and objects of this act as hereinafter set forth. And the 
said company are hereby authorized and empowered to lo- 
cate, construct, and linally comj^lete a railroad from any 
point in the town of Tolono to the east line of this state in 
the northern part of Edgar county ; and for such purpose 
the said company arehereb}^ authorized to lay out their said 
railroad one hundred feet wide, and for the purpose of cut- 
tings, embankments, stone and gravel, to take as much more 
land a-- may be necessary for the proper construction of said 
railroad. 

Capital stock. ^ 2. Tlio Capital stock of said companj- shall consist of 
eight hundred thousand dollars, which may be increased to 
any extent considered necessary by said company, not ex- 
ceeding the cost of their said railroad and its appurtenances, 
to be divided into shares of one hundred dollars each; and. 
the said company are hereby authorized to receive \n pay- 
ment fur stock any lands lying within ten miles of their said 
railroad, and whensoever the directors of said company may 

Directors. deem it expedient, to sell and convey said lands. The im- 

mediate government and direction of said company shall be 
vested in not less than five nor more than nine directors, 
wdio shall be chosen by the stockholders of said company, 
in the manner hereinafter provided, and who shall hold 
their office for one year after their election, and until others 

Quorum. sliall 1)0 duly f|ualitied as such; and the said directors, a 

majurify of whom shall constitute a (piorum for the transac- 
tion of business, shall elect one of their number to be the 
president of said company, and shall at the same time elect 
a secretary and treasurer. 

.Surveys. § 3. Thc Said compauy is hereby authorized, by their 

agents, surveyors and engineers, to cause such examination 
and surveys to be made of the ground aiul country between 
Tolono and the oast line of this state, as shall be necessary 
to ascertain and determine thc best route whereon to con- 



RAILROADS. 225 

struct the said railroad ; and it shall be lawful for said com- mght of way. 
pany to enter upon and take possession of and use all such 
lands and real estate as may be necessary for the construc- 
tion and maintenance of their said railroad and its depots, 
side tracks, water stations, engine houses, machine shops, 
and other buildings and appendages : Provided^ that lands Proviso. 
or real estate so entered upon and taken possession of by 
the said company, shall be paid for, in damages, by the said 
company, at such prices as shall be agreed upon by the said 
company and the owner or owners of such lands or real es- 
tate ; and in case of disagreement, the price or damages 
shall be estimated and fixed, and recovered in the manner 
provided for under the act entitled "An act to provide for a 
general system of railroad incorporations," approved JS[o- 
vember 5th, 1849. 

§ 4. The time for holding the annual meeting of said Annual meeting 
company shall be fixed and determined by the by laws of 
said company; and at all meetings each stockholder shall be 
entitled to one vote for each share of the capital stock he 
may hold at the time of such meeting. Said vote may be 
cast in person or by lawful proxy : Provided^ that all in- 
stallments and assessments, which may have been called, 
shall have been paid prior to such meeting by the person 
offering his vote. 

§ 5. The persons named in the first section of this act open books, 
are hereby appointed commissioners, who, or a majority of 
whom, are hereby authorized to open subscription books for 
said stock, at such places as they may deem proper, and 
shall keep said books open until forty thousand dollars of 
the capital stock shall have been taken. Said commission- 
ers shall require each subscriber to pay five dollars on each 
share subscribed by him, at the time of subscribing ; and 
when the said sum of forty thousand dollars shall have been 
subscribed, the said commissioner shall call a meeting of ,.■,;.„(• 

the stockholders at Tolono, by giving at least twenty days' 
notice of the time and place of such meeting in two news- 
papers published in one or more of the counties in which 
said railroad is to be built, for the purpose of electing direc- 
tors of said company; and when the directors of said com- 
pany shall have been elected, the said commissioners shall 
deliver said subscription books, with all sums of money re- 
ceived by them as commissioners, to said directors. No 
person shall be a director of said company unless he shall 
be a stockholder thereof. 

§ 6. That the real estate purchased by said company Real estate, 
for right of way, depots and other appendages, or which 
shall be taken by said company in pursuance of law as in 
this act provided, shall on the payment of the money be- 
longing to the owner or owners of said real estate as a com- 
pensation for the same, become the property of said com- 
pany in fee simple. 
— *16 



EAILEOADS, 

To receive tolls, § T. TliG saicl companj inaj transport pcrsons and pro- 
perty upon said railroad by the power of steam or otherwise, 
and may take and receive such rates of toll for transporting 
the same as the directors of said company shall from time to 
time establish ; and the directors are hereby authorized and 
empowered to make all snch rules, regulations and by-laws 
as they may deem necessary to accomplish the designs and 
purposes and to carry into eliect the provisions of this actj 
and for the transfer and assignment of the stock of said 
company, which is hereby declared to be personal property, 
and transferable in such manner and at such ulace or ulaces 
as shall be provided by the by-laws of said coiiipany. 

Vacancy. § 8. In casB of the death, resignation or removal of any 

director before the end of the term for which he was elected, 
the vacancy may be tilled in the manner prescribed by the 
by-laws of said company ; and in case of the absence of the 
president and vice president, the board of directors shall 
have power to appoint a president pro tempore^ who shall 
exercise such powers and perform such duties as he may be 
authorized to exercise and perform by the by-laws of said 

Elections. couipany. In case it shall at any time happen that an elec- 

tion shall not be made on any day on which, in pursuance 
of this act, it ought to be made, the said company shall not 
for that cause be dissolved, but such election shall be made 
at any other time directed by the by-laws of said company. 

calls on stock. ^ 9. That it sliall be lawful for the directors to require 
the payment of the sums subscribed to the capital stock at 
such times and in such proportions and on such conditions 
as they shall deem fit, under the penalty of the forfeiture of 
all previous payments thereon, and they shall give twenty 
days' notice of the time when and the place where the pay- 
ments are to be made, in a public newspaper published in 
one of the counties through which said road may be con- 
structed. 

Bonow monc-7. ^:^ 10. That the Said railroad company may have power 
to borrow such sum or sums of money as may be necessary 
for completing and finishing or operating their said railroad, 
and to issue and dispose of their bonds in denominations of 
not less than five hundred dollars, at such rate of interest 
not exceeding seven per cent, per annum, and at such dis- 
count as may be thought for the beueiit of the company. 
And the said company shall also have the power to lease 
their said railroad to any person or persons or to any rail- 
road com-pany, whose road shall connect therewith. 

Time of corapk- ;^ H. The Said compauy shall commence the construc- 
tion of said railroad within three years, and complete the 
same within ten years from the passage of this act. 

§ 12. This act shall be deemed a public act, and be in 
force from and after its passage. 
Appkovei) February 16, 1865. 



Mon. 



KAILROADS. 227 

AN ACT to amend an act entitled "An act to incorporate the Yinccnncs In force April IS, 
and Decatur Railroad Company," approved February 18, 18o7. ^S*^-^- 

Section 1. Be it enacted ly the Peojyle of the State of 
Illinois., represented in the General Assemhly^ That section Names erased, 
one of said act be so amended as to strike out the names of 
Wilham Wood, P. H. Hatchett and John F. Wright, and 
insert in lien, thereof the names of James H. Steel, William 
Keaviil and D. Y. Allison of Crawford county. 

Approved February 16, 1865. 



AN" ACT to incorporate the Wil.nington and Monee Railroad Company. In force Feb. 16, 

1S65. 

Section 1. Be it enacted hy the Peojyle of the State of 
Illinois^ represented i7i the General Assembly, That Archi- 
bald J. Mclntyre, Thomas M. Turner, John H. Daniels, Name and style. 
Albert W. Bowen, Vv iiliam T. Nelson, John W. Young, 
Henry M. Ward, I3enjamin F. Russell and Josiah McRo- ' 

berts, their associates, successors and assigns, be and they 
are hereby constituted a body politic and corporate, by the 
name and style of " The Wilmington and Monee Railroad 
Company," and by that name shall have perpetual succes- 
sion, with powers to contract and be contracted with, sue Powers, 
and be sued, plead and be impleaded, in all courts and 
places ; to adopt a common seal, and alter the same at pleas- 
ure; to adopt such by-laws, rules and regulations, as they 
may deem expedient; and to have and exercise all other 
rights and powers necessary to carry out the provisions and . . . 

intentions of this act. 

§ 2. Said company, when organized, shall have the right Make and run 
to locate, build, construct, maintain, equip, operate and con- ^°^^' 
tinue to operate a railroad from the west bank of the Kan- 
kakee river, at or near the village of Wilmington, in Will 
county, Illinois, to the east line of the village of Monee, as 
now laid out in said county. Said company, in laying out, 
locating, building, constructing and operating said railroad, 
may cross any railroad or railroad line, now laid out, or here- 
after to be laid out in thi« state ; and may construct said crossing roads. 
railroad across any water course, road or highway, and may 
make connections with any railroad on the line, or at either 
terminus, on such terms as may be mutually agreed upon 
between the parties, and in case of failure to agree, then 
the terms shall be settled by three commissioners, to be ^ 

appointed by the judge of the circuit of Will county, upon 
the application of either party. Said company shall have the 
right to purchase, hold, lease, sell and convey real estate and 



2:?S KAILPvOADS. 

personal proporty, so far as the same shall be necessary to 
carry out the inrcntions of this act. 

Width of roaa. c< o. Said company shall have the riglit to lay out and 
establish their railroad, not exceeding one hundred feet in 

K:ght of way. widtli, tlirouadi the eniire line thereof, and may take and 
appropriate to their own use all such lands necessary for the 
line and construction of said railroad, by Urst paying there- 
for such amount of damages as shall be agreed upon between 
the said company, and the owner or owners of any land 
over which said railroad may be located, or in case of dis- 
acrreement, then paying or tendenn<>' therefor sncli damages 
as shall have been settled by appraisal, in the manner 
hereinafter provided, on all such lands as may be taken by 
said company ; and for the purpose of cutting and making 
embankments, obtaining st<»ne, sand, gravel, or other mate- 
rial, said company may take and appropriate so much more 
land as may be necessar^y for the proper construction, main- 
tenance and security of said railroad; and for the purpose of 
constructing shops, depots, side-tracks, and other suitable 
and convenient fixtures, in connection with appurtenances 
to said railroad, may take, have, use and occupy any lands 
on either side of said railroad, not exceeding tvro hundred 
feet in width ; said company taking all such lands b_y gift 
or purchase, or making satisfaction for the same in the man- 
ner hereinafter provided. This act shall not be so con- 
strued as to restrict or prevent the construction of public 
roads or railroads across the road of said company, when 
deemed expedient, but so as not to obstrnct the same; and 
said company shall have power to construct their road 
across any public road or railroad upon like terms and con- 
ditions, anything in the laws or charter of any railroad to 
the contrary notwithstanding. 

Lands taken. jj 4, If Said Company cannot agree with the owners 

of lands, which it may be necessary to take for the purposes 
af jresaid, so as to procure the same by deed, or the volun- 
tary act of such owners of lands, or if the owner or occupier 
or either of them be ^ feriime covert^ m^ani^ ri on compos 
rncntu^ unknown, or out of the county in which the land 
wanted may be situated, then the same may be taken and 
paid for, (if any damages be awarded) in the manner provi- 
ded for m an act to provide for a general system of 
railroad incor])oration8, approved November 5, 1849, and 
under the act amendatory to said act, approved June 22, 
18.'32, for the condemnation of lands by corporate companies. 

Capital stock. ;^ 5. The Capital stock in said company shall be five 

jiundred thousand dollars, and may at any time be increased 
to eight hundred thousand dollars. The corporators named 
in the first section of this act, or a majority of tiiem, shall, 
at their option, cause books to be opened lor subscription to 
tlie capital stock (jf said corporation, divided into shares of 
fifty dollars each, at such times and places as they may 



EATLKOADS. '2'29 

determine, and shall give at least thirty days' notice thereof 
by publication in a newspaper pubHshed in the city of Joliet, 
Wilmington or Monee, in any or all of them, as or said 
corporation may deem best. It shall be lawful for all per- 
sons of lawful age to subscribe any amount to take capital 
stock of said company. 

§ 6. The corporators of said company may require each caiis on stock, 
subscriber to pay such an amount at the time of subscribing, 
not exceeding five dollars on each share subscribed, as they 
or a majority of them may determine. 

§ 7. As soon as one hundred thousand dollars of the Elections, 
capital stock shall be subscribed, the corporators herein 
named, or a majority of them, shall call a meeting of the 
stockholders for the election of five directors, who shall be 
stockholders, of which meeting twenty days' notice shall be 
given by publication in one or more papers published in 
Will county ; and the said election shall be conducted by 
and under the direction of two judges appointed by the 
stockholders who shall be present, and the persons having 
a plurality of votes shall be declared elected such directors. 
Each stockholder shall be entitled to (>ne vote for every 
share he or she may hold, and any person entitled to vote 
may vote by written proxy. Whenever the said sum of . ' 
one hundred thousand dollars shall be subscribed, the said 
corporation may commence to construct and complete their 
said railroad. 

§ 8. As soon as the said five directors shall be elected, officers, 
they shall immediately elect from their number a president, 
secretary and treasurer, who shall hold their offices for the 
])eriod of one year, and till their successors are duly elected 
and qualified. It shall be the duty of the secretary, when- 
ever recjuired by the president, to call meetings of the board 
of directors, and notice thereof shall be given in the manner 
prescribed by the president. The secretary shall keep the 
books of said company, and shall keep a correct record of 
all the acts and doings of said corporation. 

§ 9. All elections, after the first, for officers of this cor- Annual election. 
poration, shall be held on the first Monday of April, annu- 
ally, under the direction of two stockholders, not directors 
at the time, to be appointed by an order of the board at a 
previous meeting: Provided^ that said board of directors 
may cause elections to be held on any other day, should 
there be no election on that day; and all elections shall be 
held at the office of said company, which may be established 
whenever the board of directors shall determine, and which 
said board may remove at pleasure. The directors elected Term of office. 
as aforesaid shall continue in office for one year and until 
their successors are elected and qualified, and a majority 
shall form a quorum to do business, and shall reside within 
the limits of Will county. 



230 



KECORDS. 



Borrow money. ,^ 10. Said Ijoard of dirGcioi's sliall have the power to 
borrow, from time to time, siieli sums of moiie}' as in their 
discretion may bo necessary to aid in the construction and 
completion of said road, and pay any rate of interest, not 
exceeding ten per cent,, per annum, and to pledge and 
mortgage said raih'oad and its appendages, or any part 
thereof, or any other property, eti'ects, rights, credits or 
franchises of the said company as security for any loan of 
money and interest thereon, and issue and dispose of bonds 
for the purpose of paying any h^an and the interest thereon 
tliat said board of cHrectors may make. 
Treasurer to ro- § li. It shall bc thc dutv (;>f tlic trcasurcr to receive, 
burst- funds.'" disbursc and account for the funds belonging to said corpo- 
ration, as recpiired by the board of directors, and shall give 
bonds for the faithful performance of his duties, in such sum 
as the board of directors shall determine. 

>; 12. This act sliall be deemed and taken to be a public 
act, and shall be construed beneticially for all purposes herein 
specitied or intended, and shall take effect and be in force 
from and after its passage. 

Appkoyed Februarv 10. 1SG5. 



In force Feb. IG, AX ACT for tran-?cribing certain records in Fulton countv. 

1565. 

Section 1. Be it enacted ly the People of the State of 
Illinois, reyjresenttd in tJie Genercd- Assemhlu^ That the 

oiirecr.rdstobe bodrd of supcrvisors of the county of Fulton are hereby 

'''■''''*' ■ anthorized and empowered to provide a suitable book or 

books, into which the clerk of the circuit court of said county 
shall transcribe an}' and all faded, obliterated or illegible 
record of deeds, mortgages, or other instruments of writing, 
recorded in the recorder's office of said county, which the 
said i)oar(l of supervisors may deem proper to liave so trans- 

Pay of clerk. cribcd ; and for which transcribing the said clerk shall 
receive a reasonable compensation, to be paid 1)}' order of 
the said l)oard out of the cinmty treasury of said county. 

i-'"5ex- ^ ii. The clerk shall note, in writing, at the end of each 

deed, or other instrument so transcribed, the volume and 
page from Vvdiich it was transcribed. 

v.'da-iity of ci 3. All such rccords so transcribed by order of the 

';oj.ioe of record •', i i c • i i i i ,. ,•, ^i 

said board oi supervisors, whether done beiure or alter the 
passage of this act, shall have the same force, validity and 
etfect as is by law allowed to other records; and copies 
thereof duly certified, shall have all the legal force and 
effect of the (original record. 

$i i. This act shall be in force from and after its passage. 

Approved February 10, 1805. 



RECORDS. 231 

AN ACT authorizing the transcribing of certain reoords in Hardin county, In force Feb. IC, 
and to amend an act therein named. 1SC5. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ Tepresented in the General Assembly^ That the 
county court of Hardin county is hereby authorized to pro- Books for record 
vide a sufficient number of well-bound record books, which 
books they may deliver to such competent person as they 
may appoint, which person shall receipt for said books, and 
shall take an oath faithfully to perform the duties hereinafter 
mentioned. 

§ 2. It shall be the duty of such person, so to be ap- Books to be 
pointed, to proceed to the office of the circuit clerk of said ''^p'*^'^- 
county of Hardin, and faithfully transcribe and copy into 
such books all deeds and conversances which appear on 
record in the record books of conveyance of said county, 
marked "A" and " B ; " and such person shall make a cer- 
tificate, at the end of each book, that the same is correctly 
transcribed : Provided, that such person shall not transcribe poyIso. 
the record of any mortgage which is entered as satisfied on 
the margin or face of said record. 

§ 3. The person appointed as aforesaid shall, after trans- index, 
cribing each deed or other title paper and acknowledgment, 
note, at the end thereof, at what time and in what book and 
page the same was originally recorded. 

§ 4. When said transcript shall have been completed copies of record 
and certified, as aforesaid, and deposited in the circuit ^^^**^' 
clerk's office of said county, thsy shall, to all intents and 
purposes, be considered as books of record of said county 
of Hardin ; and copies of such transcribed deeds and title 
papers, certified by the recorder of Hardin county, shall be 
evidence in all courts in this state, in the same manner that 
copies of deeds and other title papers, regularly recorded in 
said recorder's office, are evidence, and with the like effect, 

§ 5. The county court of said county shall pay, for such pay of copyist. 
transcribing, such amount as may be agreed on between 
them and the person so appointed, not exceeding twelve 
cents for each one hundred words. '■ . '• 

§ 6. If said county court shall deem it advisable, they 
may order the aforesaid record to be transcribed in the 
books provided for in an act entitled "An act to authorize 
certain records to be transcribed," approved February 21, 
1861 : Provided, that the records contained in said books Proviso. 
"A" and " E " shall not be consolidated into one book, nor 
shall the records in either one of said books be copied into 
different books ; and whereas the act entitled "An act to au- 
thorize certain records to be transcribed," approved Febru- 
ary 21, 1861, has not as yet been complied with : therefore, 

§ 7. Be it further enacted, That said act be so amended 
as to authorize the said county court to pay for the services 
therein required of the transcribing commissioner, any 



OQO 



EECOKDS. 



amount to be ao-rccd on, not exceeding twelve cents per 
one hundred words. 

^ 8. This act to take eitect on its passage, 

ArrKOYED February IG, 1SG5, 



In force Feb. 15, ^^n,' ACT authorizing the county court of Jackson countj' to transcribe cer- 



1S05. 



tain records therein named. 



Section 1. Be it enacted hy the Feople of the State of 
Iliinois^ represented in the (xenercd Assembly^ That the 
■sThat recovds to countj court of Jacksou county is hereby authorized to 
ecopie. . cause the transcribing of the foUowing records, to wit: 

1st. The record of tax sales and judgments for taxes 
2)rior to the year one thousand eight hundred and iifty- eight. 

2nd. The records of marriage licenses, and marriage reg- 
ister, previous to the year one thousand eight hundred and 
sixty ; also, to cause the recording of all marriage certificates 
which have not been recorded. 

3rd. The records of titles to all lands lying in said county, 
the titles of which are recorded in Eandolph county. 

4th. The first and second records of wills, and of letters 
of administration and of guardianship, of said Jackson 
county; also, to cause full and complete indices to be made 
to all tlie foregoing and such other records of said county 
as are now without sufficient indices — said indexing to be 
done under the supervision of the clerk of the proper court. 
Copyist, how ap- § 2. The county court shall appoint a fit aud compcteut 
^"""*^''' person or persons to perform the duties aforesaid ; such per- 

son or persons to take an oath to faithfully j^erform the du- 
ties re<|uired by this act; and at the end of each transcript 
of any of the records aforesaid, such person transcribing 
shall attach a certificate to the effect that the same is cor- 
rectly transcribed, stating the book or books in which the 
matters therein transcribed were originally recorded. 
Pay of copyist. g 3, The county court of said Jackson county shall pay 
for such transcribing, recording and indexing, such amount 
as may be thought reasonable, not to exceed twelve cents per 
one liundred words for such tmnscribing and recording, and 
not exceeding two cents per line for such indexing. 
copk-3 valid. ^ 4, All such transcripts, records and indices, when so 

made and certified, shall be taken and deemed to be records 
of said Jackson county, and shall be received in evidence 
in all courts in this state, the same as original records ; and 
certifie<l copies of such records and transcripts shall have 
the same tbrce and effect as certified copies of other records 
of said county. 

§ 5. This act to be in force from and after its passage. 

ArPKOvED February 15, 18G5. 



KECORDS. 233 

AX ACT requiring an index to circuit court records of McDonougli county In force Peb. 16, 
to be kept, and authorizing the clerk of said court to keep abstracts of ^^^• 

lands in said county. 

Section 1. Be it enacted by the Peoj^le of the State of 
Illinois, represented in the General Asseinhly, That it shall 
be the duty of the clerk of the circuit court of McDonough index to circuit 
county to provide a well-bound book, to be denominated 
" Index to Circuit Court Records of McDonouojh County," 
in which he shall index all the cases which have been de- 
termined in said court within seven years next preceding 
the passage of this act, and all cases now pending or which 
shall hereafter be commenced. Said book shall be ruled in 
spaces appropriately headed, and shall be a complete index •■ v, ; 
to the judgment docket, execution docket, fee book, certifi- 
cate of purchase, certificate of redemption, certificate of 
levy, and, by reference to the record and page, shall show 
the term when each case was commenced, the date of judg- 
ment, and when the same was disposed of; and said clerk Feeofcierk. 
shall receive for his services the same fee which is or may 
be provided by the general law of the state for indexing 
cases, except as to cases disposed of within seven years next 
preceding the passage of this act, the indexing of which 
shall be paid by the board of supervisors of said McDo- 
nough county, at a rate of seven cents for each case so in- 
dexed ; and said board are hereby authorized, empowered 
and required to make appropriations for that purpose. 

§ 2. And he it further enacted, That said clerk, and his sectional index 
successors in office, shall keep a well-bound book for each 
town and township in said McDonough county, to be de- 
nominated " Sectional Indices," in which he shall hereafter 
keep, under appropriate headings of sections and subdivis- 
ions of sections, complete abstracts of titles to real estate in Abstract of titles 
said county, and note the date of each deed, the date of 
record, the name of the grantor and grantee, the kind of 
instrument of conveyance, and the book and page where 
the same is recorded ; for which he shall receive, for his cierk'sfee. 
services, an additional fee of ten cents for each tract of land 
or town lot so posted, to be paid for by persons filing instru- 
ments of conveyance for record, except as to instruments 
filed previous to the passage of this act, the posting of which 
in said books shall l3e paid for by the board of supervisors 
of said county, at the rate of five cents for each tract of 
land posted ; and the said board are hereby authorized, em- 
powered and required to make appropriations for that pur- 
pose. 

§ 3. And he it further enacted, That the books men- ^°P^^^^°^ '^'^- 
tioned in sections one and two, above, shall be provided in 
the same manner as other record books now are, and shall 
be public records of said county from and after the passage 
of this act. 



-34: RECORDS. 

^ 4. This act shall be deemed a public act, to take effect 
and be in force from and after its passage. 
Approved February IG, 1865. 



In force Feb. 15, AX ACT to ameiul mi act entitled "An act to authorize the indices to records 
^^'^^' of couveyances in ilonroe county to be transcribed and perl'ected." 

Section 1. Jje it enacted hy the People of the State of 
Sec. 2 anended. Illuiois, represented in the General Asseiriblj/, That section 
second of ''An act to authorize the indices of records of 
conveyances in Monroe conntj' to be transcribed and per- 
fected,"' approved February 21, 1S61, be hereby amended 
by inserting the word " fifteen " in the blank space between 
the words "of" and " cents," in the first line of said section. 

§ 2. This act shall be in force from and after its passage. 

Approved February 15, 1865. 



In force Feb. 10, 

"^' AX ACT relating to the recorder's office of Peoria county. 

Section 1. l^e it en icted hy the People of the State of 
Recorder to be llUiiols^ represented in, the General Assembly^ That, to ena- 
fngri^Jrd^!^'^''' ^^^ ^^^ board of supervisors of Peoria county to pay out of 
the treasury of said county, for the labor and expense neces- 
sary to keep up and maintain the system of indexing and 
abstracting of deeds, mortgages, and other instruments of 
writing appertaining to lands and town lots in said county, 
introduced into the recorder's office of said county by the 
authority of the said board of supervisors, it shall be lawful, 
and the said board of supervisors are hereby required, to 
pay out of the treasury of said county a reasonable compen- 
sation to the recorder who has kept up, or may hereafter 
keep up, said system of indices and abstracts, since the 
same were introduced as aforesaid in said recorder's office. 

% 2. This act shall take effect and be in force from 
and after its passage. 

Aj'Proved Feb. 16, 1865. 



EECOEDS. 235 

AN ACT to provide for the abstracting the records of tax sales in the In force Feb. 13, 

county of Peoria. -865. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That the clerk 
of the county court of Peoria county is hereby authorized Abstract and in- 
to abstract and index the records of tax sales in his office, <^ex of tax sales 
in the same manner as the abstracts of the records of real 
estate are now made in the office of the clerk of the circuit 
court of said county. 

§ 2, Said abstracts shall be made by the said clerk, and ci^rktobe paid 
entered in well-bound books, to be provided for and paid for 
by the board of supervisors of said county of Peoria. 

§ 3. Said clerk of the county court shall be allowed a Fee of cierk. 
reasonable compensation for preparing said abstracts, to be 
paid and allowed by the board of supervisors of said county, 
not exceeding ten cents for each tract so entered on said 
abstract, to be paid from time to time, as the work progresses, 
by the board of supervisors of said county of Peoria. 

§ 4. After the said abstracts are completed, the clerk of Abstract to be 
the county court of said county of Peoria shall hereafter ^^ 
keep up said abstracts, in like manner as prepared, and shall 
be allowed, by the board of supervisors of said county, a -■ 

reasonable compensation for so doing, not exceeding iive 
cents for each tract so entered. 

§ 5. This act shall take eifect and be in force from and 
after its passage. 

Appjroved February 13, 1865. 



AN ACT to transcribe certain records in the county of St. Clair. In force Feb. 16, 

1865. 

Whekeas books A, B, C, D, E and F, of records of deeds. Preamble, 
mortgages, and other instruments of writing admitted of 
record, a large portion of which said records are written 
in the French languasfe, and which date from the year 
1790, have become much injured by time and use, and 
the contents whereof have become nearly obliterated and 
indistinct; and whereas a certain other book of record, 
being fee book 11, has also become insufficient to be used ; 
and whereas certain indices to the dockets of judgment 
D and E are lost, and the index of deeds, from the year 
1790 up to the year 1854, is incomplete, and is liable to 
destruction by reason of the insufficiency of the book, 
and frequent use ; all of which books of record are in 
and belong to the office of the clerk of the circuit court 
of St. Clair county ; therefore, 



236 EE CORPS. 

Books opened. Sectiox 1. Be it enactccT^ That, for the preservation of 
the records in St. Chiir conntv, the clerk of the circuit court 
of said county is lierebv authorized and required to trans- 
cribe the contents of books A, \^^ C, D, E and F, of the 
records of deeds; also, of fee book II, and of the index of 
deeds recorded from 1700 to 185i, and also prepare indices 
for juda'uient dockets, books D and E. 

Blank books. <j !>. Tluit it sluill ho, the dut_v of the county court of St. 

Clair County to provide a sufficient number of blank books, 
substantially l;)Ound, and suitable for recordino; deeds. 

Copies vaiia. ^ 3_ AVhcn Said records shall have been transcribed, as 

aforesaid, the same shall become and constitute a portion of 
the records of said county, and shall be as valid in law as if 
originally recorded in the same ; and copies thereof, certi- 
hed, shall be evidence of the facts therein contained, as if 
certified from the originals, in all respects whatever. 

Pay^of clerk of ^ 4, llpou the couipletiou of the said transcripts, re- 
spectively, by the said clerk of the circuit court of St. Clair 
county, the county court of said couniy of Sr. Clair shall 
pay to the said clerk, by way of compensation for his ser- 
vices, at the rate of fifteen cents for every one hundred 
words contained in said transcripts, and for preparing the 
same. 

§ 5. This act to take efiect from and after its passage. 
Approved February 16, 1865. 



In force Feb. 14, AX ACT to provide for transcribing the puljlic records of Winnebago 
^'^'^^- county. 

Section 1. Be it enacted hy the FeO'ple of the State of 

Illinois^ represented in the General AssemMy^ That when- 

Records may be evcr, iii tlio opiuion of the board of supervisors of "Winne- 

copied. bago county, it shall become necessary, for the preservation 

of any of the public record^- of said county, to have the 
same copied or transcribed, it shall be lawful for the said 
board of supervisors to contract with any suitable person to 
Cf'py or transcribe any such records, in such manner, and 
for such ];rice, as may Ije agreed np(jn, to be paid for out of 
tlie county treasury. 

Pay of clerk. § 2. It sliall bc the duty of the clerk having the custody 

of any record or records copied or transcribed under the 
provisions of this act, to caret uUy compare the copy with 
the oi'iglnal r(,'Cord, and correct all errors, and, when correct, 
to attacli to said copy a certificate, under his seal of office, 
setting forth that the same is a true copy of the original 
record; and Avhen so examined and certified, the said copy 



KEFOEM SCHOOL. 237 

shall be received in evidence, and have the same force and 
effect in law as the original record would have had. 

§ 3. The said clerk shall be entitled to a reasonable 
compensation for his services in comparing and correcting 
any copy of any record under the provisions of this act, to 
be audited by the board of supervisors, and paid out of the 
county treasury. This act shall be declared a public act, 
and be in f )rce from and after its passage. 

Approved February 14:, 1865. 



AX ACT to authorize the Supervisors of Grundy couuty to establish a Re- in force Feb. 16, 

form School. 1S65. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented m the General Assemhli/, That the su- 
pervisors of Grundy county may, and they are hereby Reform school. 
authorized, in their discretion, to establish upon the poor 
house farm in said count}', a reform school, for the discipline, 
reformation and education of such chihb-en, under the age 
of sixteen years, as may be found growing up in idleness 
and mischief, and who shall be without suitable parents or 
guardians to provide for their proper care and instruction ; 
and for this purpose they are authorized to raise by tax and 
appropriate a sum not exceeding ten thousand dollars. 

§ 2. Said reform school shall be under the direction of Direction of 
a superintendent and such assistants as he may deem neces- ^*=''°°'- 
sary. 

§ 3. It shall be the duty of the poor house master in poor cwidren. 
each town in said county, to take any child or children of 
the character described in the iirst section hereof, who may 
be found in his town, before the county judge, or any justice 
of the peace, or police magistrate of said county, whose 
duty it shall be to inquire into the facts of the case, and if 
Buch child or children shall be found to be vagrants and 
without parents or guardians, to send such child or children 
to said reform school. 

§ 4. Courts of record, justices of the peace, and police cwidren when 
magistrates, may in their discretion, whenever a boy or girl school? ^^^^^ 
under the age of sixteen years shall be convicted before 
them of any misdemeanor, sentence such boy or girl to the 
reform school of said county, for any length of time, not to 
extend beyond the age of sixteen years of such delinquent. 

§ 5. The said supervisors shall, from time to time, make Rules of school. 
all needful rules and regulations for the government of said 
school, and for the improvement and instruction of the in- 
mates, and for their safe keeping therein. 



o.qs 



RELIEF. 



Fees of officers. 



§ C). 



The comity jnd 



je, justice of the peace, or police 
magistrate, before whom any child or children shall be 
brought as provided for in the third section of tliis act, shall 
receive from the county such fees for their services in eacii 
case, as the supervisors of said county shall tix and deter- 
mine, 

§ 7. Tliis act shall be deemed a public one, and take 
efi^'ect and be in force from and after its passage. 

Appkoved February 16, 1SG5. 



In force Feb. 16, 
1^6o. 

Preamble. 



Refundin!? tax. 



AX ACT for the relief of Charles Atkinson. 

Whereas it appears from a certihed copy of the records of 
the board of supervisors of Henry county, in the state of 
Illinois, that said board of supervisors, at the February 
term, 1860, passed an order for the refunding of one-half 
of the county taxes paid hx Charles Atkinson on certain 
real estate situated in said countj, for the years 1857 and 
185S, because the same was over assessed and over paid 
for said years ; and whereas, it further appears in said 
order that said Atkinson paid on said assessment in 
taxes to the state, two hundred and twelve dollars and 
eighty -four cents ; and whereas, but for the erroneous 
assessment of the same, he ought to have paid only one 
hundred and six dollars and forty-two cents : therefore, 
Section 1. Be it enacted by the Feojyle of the State of 
Illinois. Tcjjresented in the General Assembly^ That the sum 
of one iiundred and six dollars and forty-two cents, be and 
the same is hereby appropriated to be paid out of any 
moneys in the treasury, not otherwise appropriated, to be 
paid to the said Charles Atkinson, the same being the 
amount of taxes overpaid as aforesaid, and interest thereon ; 
and the auditor is hereby directed to draw his warrant upon 
the treasurer for said sum and in favor of the said At- 
kinson. 

P 2. Tliis act shall take effect and be in force from and 
after its passage. 

Approved February 16, 1865. 



KELIEF. 239 

AN ACT for the relief of the heirs of Jacob J. Barnsback, deceased. In force Feb 16 

1865. ' 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That Thomas 
Judy, of Madison county, as guardian of Thomas P. Barns- Funds may be 
back, Jacob H. Barnsback, Marian E. Barnsback and Ann eS."'^ '° '"''^ 
Maria Barnsback, minor heirs of Jacob J. Barnsback, de- 
ceased, is authorized and empowered to invest the moneys 
in his hands or control, as such guardian, in real estate; the 
deeds to the same to be made to said minors ; and all pur- 
chases of real estate so made by him, the purchase of which 
shall be approved by the county judge of said county and 
entered of record, shall be valid. 

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

Appkoved February 16, 1865. 



AN ACT to declare Alvina Blackmnn heir-at-law of Jemima Dawson, late in force Feb. 15, 
of Clark county, deceased. 1865. 

"Wheeeas Jemima Dawson, late of Clark county, deceased, Preamble, 
some live years prior to her decease, being aged and in- 
firm and having no family of her own, received Alvina 
Blackman, a penniless orphan, for the purpose of rearing 
and adopting her as her child and heir at law; and, 
whereas, the said Alvina, from the time of her being so 
received by the said Jemima Dawson, was the sole com- 
panion and servant of the said Jemima until her death ; 
and whereas, during said time, the said Alvina labored 
with all the affection and devotion of a natural child to 
minister to the comfort and happiness of the said Jemima ; 
and whereas, the said Jemima, on the 4:th day of July, a. 
D. 186-Jl:, without having made any will, suddenly died, 
leaving no known heirs at law; and whereas, the said 
Jemima at the time of her death was seized and possessed 
of real and personal estate of the probable value of eight 
hundred dollars : now, therefore. 

Section. 1. Be it enacted hy the People of the State of 
Illinois, rep/resented in the General Assembly, That unless 
an heir or heirs at law of the said Jemima Dawson, late of if heirs do noi 
Clark county, deceased, shall, within two years from the J^^rT "" ^'"'^^ 

frant of letters of administration on the estate of the said 
emima Dawson, deceased, be found, the said Alvina Black- 
man be and she is hereby declared to be the heir at law of Declared heu-s. 
the said Jemima Dawson, late of Clark county, deceased, 
in as full and complete a manner as if she had been and 
was the natural born and only child of the said Jemima Daw- 



to declared heir 



240 RELIEF. 

son, deceased ; and tlie said Alvina, shall thenceforth and 
forever be absolutely seized and possessed of all the prop- 
erty, both real and personal, whereof the said Jemima 
Dawson died seized and possessed, and may sell, convey 
and otherwise dispose of the same, as efiectually as if she 
had acquired the same by descent or purchase. 
Assets delivered ^ 2, The administrator of the estate of the said Jemima 
Dawson, deceased, after the expiration of two years from 
the date of his letters of administration, if no legal heir or 
heirs of said Jemima Dawson, deceased, shall be found, 
shall pay ^over and deliver to the said Alvina Blackman, 
all moneys, effects and title papers in his hands, belonging 
to the estate of the said Jemima Dawson, deceased, which 
shall remain after the payment of the debts against said 
estate, and the usual and legal costs and charge of admin- 
istration. 

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

zVppeoved February 15, 1SG5. 



In force Feb. 13, AX ACT for the payment of Allen C. Fuller, late Adjutant General of the 
^*''°- ' State of Illinois. 



Section 1. JJe it enacted by the Feople of the State oj 
Illinois, represented in the General Assemhly, That Allen 0. 
rer diem afiow- Fuller, sluili rccelve out of the state treasury, the same per 
diem from February 1-i-, a. d. 1SG3, to January 1, a. d. 1865, 
that was nllowed to the adjutant general, by act approved 
May 2, a. u. ISGl. 

vj 2. This act shall be in force from its passage. 

ArniovED Februarj^ 13, 1S05. 



In force Feb. 10, AX ACT for the relief of the German Evangelical Lutheran School at 
^^'"'- Addi-^on, 

Preamble. AVirERKAs tlio German Evangelical Lutheran School, at 

Addison, in the county of DuPage, has heretofore been 
inorporated in accordance with the provisions of "xVn 
act to incorponite institutions of learning," approved Jan- 
nary 20, 1840 ; and whereas, the trustees of said school 
liave neglected to tile in the office of the secretary of state, 
and in the recorder's office of DuPago county, an annual 
statement exhibiting its condition and operation, as con- 
templated by the provisions of said act; therefore, 



UELIEF. 241 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the 
neglect of the trustees of the said German Evangelical Neglect shaii not 
Lutheran School, at Addison, to file in the office of the sec- t^^^^^^^y^gi^'^ 
retary of state, and in the recorder's office of DuPage coun- 
ty, an annual statement of the condition and operation of 
said school, as contemplated by the act under which said 
school was incorporated, shall not deprive said school of any 
rights and privileges to said school secured by its incorpo- 
ration : Provided, that hereafter said trustees shall faithfully 
comply with the provisions of said act. 

§ 2. This act shall take eflect from and after its passage. 

Approved February 10, 1865. 



AN ACT for the relief of Susan Keedy. jq foy^e Feb. 16 



1865. 



Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the audi- 
tor of public accounts be and is hereby authorized and em- $200 for bam, 
powered to draw his warrant on the treasurer in favor of 
Susan Keedy, for the sum of two hundred dollars, tke same 
being in full for the amount due her for a barn removed by 
said state, from near the arsenal in the city of Springfield in 
said state ; said money to be paid out of any money in the 
treasury not otherwise appropriated by law. 

§ 2. This act to take efiect from and after its passage, 

Appkoyed February 16, 1865. 



AN ACT for the relief of Benjamin King, of Greene county. In force Feb 16 

1865. ' ' 

Whereas Benjamin King, treasurer of schools of township Preamble. 
No. eleven north, range No, ten west of the third princi- 
pal meridian, in iS-reene county, was, on the evening of 
the ninth day of September, a. d. 1861:, by three armed 
men, robbed of the sum of five hundred and fifty-four 
dollars, school funds, as follows, to-wit : principal of town- 
ship fund, four hundred and fourteen dollars; and of 
, special tax fund, belonging to districts No. 1, 2, 5 and 6, 
, one hundred and forty dollars ; and whereas, a large ma- 
jority of the tax-payers of said township have petitioned 
for the release of said King from the payment of said 
sum of money ; now, therefore, 

— *17 



212 



RELIEF. 



Treasurer re 
leased from paj-' 
ment of funds. 



Dlschar:re. 



Sectiox 1. Be it enacted hy the People of the State oj 
Illinois, rej>pescnted in the Geneixd AssewMi/^ Tliat said 
Benjamin King^ be and he is hereby released and discharged 
from the paynieut of the said sum of money or any part 
thereof. 

^ 2. The trustees of said township are hereby authorized, 
directed and empowered, to enter upon their records, a full 
discharge of said King from the payment of said sum oi 
money or any part thereof. 

§ 3. This act to be in force from and after its passage. 

Approved February IG, 1865. 



In force Feb. 13, 
1SG5. 

Preamble. 



AN ACT for the relief of Thomas J. Larrlson and others. 



Whereas at the April term, 1861, of the Sangamon county 
circuit court, a judgment was ()btained by the auditor of 
public accounts against Thomas J. Larrison, collector of 
Logan county for the year 1859, and Abel Larrison, Jo- 
seph C. Webster, Kobert B. Latham, Samuel C. Parks, 
Samuel Beven, Harvey Turner and James B. Larrison, 
his sureties, for the sum of nineteen hundred and ninety- 
five dollars and fifty-four cents, and costs, upon which 
execution was issued and levied upon certain lands in 
McLean county, Blinois, the property of the said parties, 
and which lands were purchased by the state at the sale 
thereof for the sum of twelve hundred and eighty dollars, 
therefore, 

Be it enacted hy the People of the State of IUi?io2S, re- 
presented in the General Assembly, That upon paynient 
Sale of funds iuto the trcasury by said parties, of the aforesaid sum of 
nineteen hundred and ninety-five dollars and fifty-four cents, 
and the costs of said suit, v/ithin six months from the pas- 
sage of this act, the auditor shall cancel and release the sale 
of lands aforesaid, and the parties shall be discharged of all 
other liabilities accrued in consequence of said judgment. 
This act to take efiect from and after its passage. 
Approved February 13, 18G5. 



wlien canceled. 



In forcff Feb. IC, 
ISO.v. 

Preamble, 



AX ACT for llic relief of William S. Maus and others. 

WnEREA.3 at the April term, 1862, of the Sangamon connt^ 
circuit court, a judgment was obtained against William S 
Maus, collector of Tazewell county for the year 1S6C 



BELIEF. 243 

and James Haines, Benjamin S. Prettjman, Teis Smith, 
Thomas N. Gill, and Thomas C. Reeves, his sureties, for 
the Slim of twentj^-eight thousand six hundred and twen- 
tj-five dollars and eighty-two cents, and costs, upon which 
execution was issued and levied upon certain lands in 
Tazewell and Mason counties, the property of said par- 
ties, and which lands were purchased by the state at the 
sale thereof, and whereas a large amount of said lands 
have been subsequently sold and conveyed by the state, 
and the money received therefor placed to the credit of 
said judgment, leaving a portion of said lands still in pos- 
session of the state unredeemed and unsold, therefore, 
Section 1. Be it enacted hy the People of the State of 
Illinois^ rejpresented in the General Assembly, That upon 
yjayment into the treasury of the remaining portion of said saies or land^ 
judgment and costs, by said parties, within six months from *^'^°'^^® • 
the passage of this act, the auditor shall cancel the sales of 
that portion of said lands rem.aining unredeemed as afore- 
said, and the parties shall be discharged from all other lia- 
bilities accrued in consequence of said judgment : Provided, Proviso, 
that nothing herein contained shall be construed to affect in 
any way the sales of [lands] made by the state as aforesaid. , - 

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

Approved February 16, 1865. 



AN ACT for the relief of H. F, McGloskey. In force Feb. If, 

1865. 

Whereas H. F. McCloskey, a citizen of the state of Illinois, Preamble, 
is the accredited owner of certain refunded stock coupon 
bonds, on which interest is due and payable in New York, 
on the tirst Mondays of January and July in each year, 
and w^hereas the coupons due and payable on the first 
Monday of January a. d. 1865, have been lost and de- 
stroyed, therefore, 

Section 1. Be it enacted ly the People of the State of 
Illinois, represented in the General Assemhly, That H. F. 
McCloskey, on his furnishing the treasurer of the state of Proof of owner- 
Illinois with satisfactory proof of ownership of refunded ''"'^ °^ *'°°'''' 
stock bonds numbered respectively 335, 336, ?37, 339 and ,i 

340, and dated July 1, 1859, wdth coupon interest at the 
rate of six per cent., payable semi-annually in the city of 
New York, which bonds are for one thousand dollars each 
and payable at the option of the state, after the year 1877, 
and also on the said H. F. McCloskey making affidavit of the 
loss of coupons payable on ^he first Monday of January a. d. Bond of indem- 
1865, and also on the said H. F. McCloskey filing a suitable °**^' 



24:i EELIEF. 

Im,')!^] uf indemnity with tlie secretary of state or other piiij- 
lic otiicer uuthorized to possess said iiuleinnitv bond for any 
moneys paid by virtue of this act for said lost coupons, then 
Amount due to and iu that case tlie treasurer is hereby authorized to pay to 
i-epaid. jj-^ p^ McCloskey or his duly authorized attorney, the 

anioiHits duo on said coupons s<> lost and destroyed. 

i^ ::. This act tc take etiect and bo in force from and 

o 

after its passag-e. 

ArPKovED February 10, 1S65. 



In force Feb. 16, AN ACT for the relief of Geor^re McIIcnrv. 

1SC5, 

Preamble. AVlIEREAS OUO GoorgO Mciionrv, of the tOWUsllip of PhOG- 

nix, in the county of Henry and state of Illinois, did, in 
the spring of 1861 or thereabouts, cut a ditcli in the said 
town of Phcenix, without any legal authority or right, 
across the public highway leading from Eock Island in 
said state, through said Phcenix township, to the month 
of the Pecatonica river, lor the pu.rpose of draining an 
extensive bayou situated east of said road, across said 
road into the Rock river ; and whereas by reason of said 
ditch being so cut, a deep excavation was made across 
said road by reason of water rurining therein, thereby re- 
quiriiig a bridge across said excavation in the said public 
road, wliicli can only be erected at the cost of sevei'al hun- 
dred dollars, therefore, 
Segtiox 1. Be it enacted hy the People of tlie State of 

Illinois^ reiJi esented in the General As^emMy^ That the 

Liability dis- Said Goorgo Mcllenry be and is hereby forever discharged 

charged. ^^^ absolvod tVom all legal liabililies incurred b}^ reason of 

cutting said ditch across said highway. 

§ 2. This act to be in force from and after its passage. 
Approved February 16, 1S65. 



Inforc'i Feb. 13, AX ACT for the relief of Ira MinarJ and Sarah his wife. 



I-.Vj. 



Preamble. AVuEKEAs Sarali Miiuird, (wifo of tho said Ira Minard,) of 

the county of Kane and State of Illinois, has been for the 
last five years and is now hojielessly insane, and has been 
for i.bout Hvo years last past and is now confined in the 
iiisane asylum at Jacksonvi'ie, Illinois, and there being no 
prospect of her reason ever being restored; now, therefore, 



RELIEF. 2 46 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General AssemMy, That the cir- 
cuit judge of the twenty-eighth judicial circuit of the state consen-atov. 
of Illir\ois and his successor or successors in office, .be and 
are hereby authorized to appoint a conservator for the said 
Sarah Minard. 

§ 2. And be it further enacted, that said conservator, Execute deeds, 
when so appointed and qnalitied according to the provisions 
of this -act, shall have full power and authority, and is here- 
by authorized to execute all deeds or other instruments for 
the conveyance of real estate in connection with the said 
Ira Minard, which said deeds or other instruments, when 
duly executed and acknowledged by said conservator, shall 
be a complete and perpetual bar to all claim or right of 
dower of the said Sarah Minard in and to the lands and . .. . 
tenements thereby conveyed, in the same manner and witli - 
like effect as though she had been sane and executed said 
deeds or other instruments, and the same had been properly 
acknowledged by her : Provided, said conservator shall not Proviso, 
be authorized to sign or execute any deed or other instru- Lands not to be 
ment for the conveyance or incumbrance of any of the fol- 
lowing described real estate, to wit : lots ]Mos. one (1), two, 
(2), three (3), four (4), six (6), seven (7) and eight (8), in 
block number four (4), or the original town of St. Charles, 
on the east side of Fox river, in the county of Kane and 
state of Illinois, being the same lots on which the dwelling 
house, barns, brick office and banking building of the said 
Ira Minard are situated. And be it further enacted, that 
before said conservator shall enter upon the discharge of 
any duties conferred upon him by this act, he shall take 

and subscribe the following oath, to wit: I, , do sol- oath of conserv- 

emnly swear, (or affirm, as the case may be,) that I will 
truly and faithfully discharge the duties of conservator for 
Sarah Minard to the best of my ability, and that I will not 
in any case execute any deed of conveyance of any real es- 
tate in which the said Sarah Minard lias an interest, with- 
out being fully satisfied that it is for the interest of the said 

Sarah Minard and her family. Signed, ;" which said 

oath or affirmation shall be entered in full upon the records 
of the Kane county circuit court. 

§ 3. Afid be it further enacted, that the manner of exe- Form of deed. 
cuting deeds of conveyance of real estate shall be as follows: 

"Sarah Minard, by , conservator;" which said deeds 

shall be acknowledged as follows : 

STATE OF ILLINOISJ 

r S9 
COUNTY OP KANE. ) 

I, , in and for said county and state aforesaid, do hereby certify 

that Ira Minard and , who are pcrbonally known to me as the real 

persons whose names are subscribed to the above deed, appeared before me 
this day in person and acknowledged that they executed and delivered the 
said deed as their free and voluntary act, for the uses and purposes therein 
set forth. And the said , conservator of Sarah Minard, wife of said Ira Mi- 
nard, having been by me examined and the contents and meaning of said 



24:6 KELIEF. 

deed having been 'ov me explained and fully made kno-.vn to liira, acknowl- 
edged that he had as eonsorvatoi- freely executed the same and relinquished 
the dower of the said Sarah Minaid, in and to the hinds and tenements there- 
in meutio ed. Given under mv hand iind seal, d;iy of— — , in the 

year of our Lord one thousand eight hundred and . 

§ -I. This jict shall be deeiiied and taken as a public act, 
and be in tbree from and after its passaoe. 
Api'KOVED February 13, 1SG5. 



Ill force April IS, AX ACT for the relief of Jeptha C. N'oe. 

1SG5. 

Preamble. "\ViiEKEAS Jeptlui C. Xoo d id, ou or about the twcut Y-sixtli 

day vi' March, a. d. 1801, l)argain and sell unto Hiram 
Leonard the southwest (piarter of the southwest of sec- 
tion sixteen, township forty north, ran^o one east, of the 
thiid r. T,r.; and. did also, on the eio;hteenth daj^ of March, 
A. D. 1SC)2, bargain and sell to Mary A. Sutphen the east 
half of the southeast quarter of section seventeen ; also 
lot live, of section sixteen, both of tlie same town and 
range, and all situate in the county of Ogle and state of 
Illinois, and agreed to convey the same unto the said 
vendees by good and sufficient convej'ance in tlie 
law, A'itli the release of dower; and whereas Lucinda 
JN^oe, the lawful wife of the said Jeptha C. Noe, has become 
of unsound mind and memory, and is utterly incapable to 
execute a release of dower of said premises ; tlierefore, 
Section 1. -Be it enacted hy tJte FeojjJe of the /State of 
lllinoU^ refresenied in the General Assemhhj^ That Fred- 
ipeciui ooir.mu- cric Ct. Petile, of said Ogle county, be and is hereby ap- 
pointed a special commissioner to release and convey unto 
the said grantees, the right of dov\"er and any and all interest 
the said Lucinda Xoe has or had in and to tlie aforesaid 
])remises, and that the said conveyance be executed in the 
name of the said Lucinda Noe by said commis.doner, and 
be acknowledged by liim, and that when so executed and 
acknowledged, the same shall be as operative and effective 
to release the dower and other interests of said Lucinda, 
as if made by the said Lucinda when made in sound mind 
Proviso. and memory: Frovided^ alwaijs, that if said' Lucinda ]Soe 

shall i'oci)ver and become and remain of sound mind, and 
■lionhl .survive her said husband and l)e entitled to dower 
Right.? of dower in ]ier hnsban<i\s lands the right is hereby reserved to her 
to show that, nr)twithstanding this act, she is entitled to 
dower in the lands herein above mentioned. 
AiTiiovED Feljruary 16, 1SG5. 



sioner to release 
lower, 



RELIEF. 24:7 

AN ACT for tlie relief of the securities of Julius A. Pratt, late collector and In force Feb. IC, 
treasurer of the county of Henry. 1565. 

Wheeeas said Julius A. Pratt was collector and treasurer Preamble, 
for said county of Henry, for the year a. d. 1859, and 
failed to pay the amount of the state taxes into the state 
treasury, collected by him for said year ; and whereas, 
said Julius A. Pratt died in the service of his country in 
the siege of Yicksburg ; and whereas the official bonds of 
said Pratt, as such treasurer and collector, are informal 
and insufficient in law, and the penalty thereof doubtful 
of enforcement; therefore, 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly , That upon the securities re- 
payment by said securities or the legal representatives of 
said Pratt, of five thousand dollars within six months, and 
five thousand dollars additional within two years from the 
passage of this act, the account of said Pratt, as such trea- 
surer and collector for said year, (a. d. 1859,) and all liens 
against him or said securities, shall be deemed to be fully 
paid and discharged, and the said securities entirely released 
and discharged from all liability on said bonds. 

§ 2. That for the purpose of enabling said secucities to Rights ofsecuri- 
realize any part of said sums herein required to be paid, 
they shall be permitted to enforce or pursue any remedies 
the state of Illinois might otherwise do to collect the sums 
herein required to be paid. 

§ 3. That the said sums herein required to be paid shall Funds, how paid 
be paid into the state treasury in the funds receivable for 
taxes, and the state shall not be required to take lands on 
the same. 

§ 4. Be it further enacted^ that within sixty days from Approval of 
the passage of this act, the said securities, or a majority of 
them, including John Lyle, shall file with the auditor of 
public accounts their written approval of the terms of this 
act ; and in default of filing such approval, as above pro- 
vided, then this act shall be deemed and taken to be void, 
and no abatement of any suit or other proceedings shall be 
deemed to arise from the passage of this act. 

§ 5. This act shall be in force from and after its passage. 
Approved February 16, 1865. 



AN ACT for the relief of Joseph Reynolds, l° ^°^1865^''" ^^' 

"Wheeeas by an act of the general assembly, entitled "An Preamble. 
act for the relief of Joseph Reynolds, of Gallatin cDunty," 
approved March 3d, 184:5, the commissioner for the sale 
of the Gallatin county saline lauds was authorized and re- 



RELIEF. 

quired to issue to Joseph Reynolds, liis lieirs or assigns, 
a certilicate or certiiiciites of entry for such hinds as he 
or they might select, of the unsold lands authorized to be 
sold by said commissioner, not exceeding three hundred 
dollars' worth, at the state price : PromcUd^ that in case 
there should be no saline lands, or not a sulhcient quantity 
subject to entry to satisty said sum, the said lleynolds, his 
heirs or assigns, shall be entitled to receive internal im- 
provement scrip, in part or whole, as he or they may 
choose ; and, whereas, the said saline lands had all been 
appropriated and sold, so that said Reynolds could not 
obtain any certilicate from said commissioner, and said 
Reynolds having failed to receive any internal improve- 
ment scrip, so that the said sum of three hundred dollars 
remains unpaid ; therefore, 

Sectio:n' 1. Be it enacted hy the Peo2)Je of the State of 
Illinois^ rejyresented in the G en e7'al Assert thly^ That the audi- 
state to pay tor of public accouuts be and he is hereby authorized and re- 
quired to issue his warrant on the treasurer m favor oi the said 
Joseph Reynolds, for the sum of three hundred dollars, in 
full payment of the appropriation referred to in the preamble 
to this act, payable out of any money in the treasury not 
otherwise appropriated. This act shall take effect on its 
passage. 

Afpeoved February 16, 1865. 



auicunt. 



iBfviceAprillS, AX ACT for the relief of Wiiliam Ross. 

l?0o. 

Pioambie. Whereas "William Ross, of Pike county, Illinois, had stolen 

from his person, on the 5th day of September, a. d. 1S61-, at 
the depot of the Great Western railroad, in the city of 
Springfield, Illinois, thefollowingdescribed coupons of thir- 
ty dollars each, being for interest due on the first day of July, 
A. D. 1861:, on eight refunded stock bonds of the state of 
Illinois, of one thousand dollars each, and numbered re- 
spectively 180, 186, 235, 75, 74, 76, 187, and 96, which 
said cou]>ons amount in the aggregate to the sum of two 
hundred and forty dollars ; and, whereas, said Ross im- 
mediately caused ])ublication of such loss to be made in 
the city papers of S])ringfield, and duly notified the tiea- 
surer of said state thereof, and having left with said trea- 
surer a full description of said bonds and coupons, with 
the numbers thereof; now, therefore. 
Section 1. Pe it enacted by the People of the State of 
Plinois^ represented in the General Assembly^ That the 

st.'it- to p<u treasurer of the state of Illinois be and he is hereby author- 
ized and required to pay to said William Ross, his heirs, 



RELIEF. 2i9 

executors, or administrators, the amount due on said cou- 
pons, out of the fund for the payment ot the interest on said 
bonds, taking his receipt therefor, which said receipts shall 
be the vouchers of said treasurer of the payment thereof as 
fully as such coupons would be : Provided^ said Ross shall proviso, 
first file with said treasurer an affidavit of such loss, and that 
after due inquiry made, the same, or any of said coupons, 
have not been reclaimed ; and shall also file with said trea- 
surer a bond, in a sufficient penalty conditioned, to idemnify 
said state of Illinois against loss by reason of any wrong or 
misrepresentation on his part. 
Appeoved February 16, 1865. 



AN" ACT to make a certain appropriation to Mrs. Roxanna Scott. in force Feb. 16, 



1SC5. 



Whereas Col. Joseph R.Scott did, on the 17th day of April, preamble. 
A. D. 1861, under orders from his excellency the governor, 
and by virtue of his proclamation, enter the service of the 
state of Illinois, and render great and valuable service; : 

and, whereas, he acted at that time in the capacity of ma- 
jor ; and whereas, furthermore, he has not received any 
pay from the seventeenth of April, 1861, to the fourth day .. : . i 
of May, 1861 ; therefore, 

Section 1. Be it enacted hy the People of the State of 
Plinois^ rejyresented in the General Assembly, That the sum 
of one hundred and one dollars and twenty-seven cents is state to pay 
hereby appropriated out of any money not otherwise appro- ^^°^^^- 
priated, in the treasury of the state of Illinois; and the au- 
ditor of public accounts is hereby directed to draw a war- 
rant on the treasury in favor of Mrs. Roxanna Scott, of Chi- 
cago, widow of the late Colonel Joseph R. Scott, for the sum 
of one hundred and one dollars and twenty-seven cents, for 
services in defense of the state of Illinois. 

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

Approved February 16, 1865. 



AN ACT for the relief of Mrs. Frances I). Shugart, the wife of John Shu- in force Feb. 16, 

gart, jr. 1S65. 

Whereas Frances D. Shugart, then Frances D. Edwards, by Preamble, 
her deed, bearing date February 4, a. d. 1853, and duly 
recorded in Bureau county, in book M of deeds, did, in 



250 EELIEF. 

contemplation of a niaiTia*^e to be bad witb Jobn Sbugart, 
jr., convey in fee sinj])le toTiniotby Edwards and Cbarles 
L. Kelsev, of said count}-, and to tbe survivor of them, 
certain real estate, and also certain persona! property, and 
Glioses in action therein described in trust for the use and 
benefit of the said Frances during the continuance of such 
marriage, and upon certain other trusts therein contained, 
the same to be free from any control of her intended hus- 
band, or liability for his debts; and whereas, the said Timo- 
thy Edwards having deceased, the title to said property or 
its avails has vested in the surviving trustee, subject to the 
conditions aforesaid ; and whereas the state of Illinois has 
since provided that married women may hold and enjoy 
their own property free from any such liability, which 
renders the further continuance of said trust needless, and 
it is the desire of the surviving parties to said deed that 
the same shall be canceled ; therefore, 
Section 1. Be it enacted hy the Ptople of the State of 
Illinois^ reirresentecl in the General Assemhly^ That the said 
Trustee to deed Charlcs L. Kclscy, as sucli surviviug trustee, and at the 
esae. y^.j,j|-|.^j-^ j'^rpiest of tlic Said Frances D. Shugart, shall have 
full ]»ower to transfer and convey all of said trust estate, by 
him held, to the said Frances D. Shugart, for her own use, in 
the same manner as is in said trust deed ])rovided in case of 
the death of the said husband, the said Frances D. Shugart 
First deed void. Surviving; and thereupon the said trust deed shall be inope- 
rative and void, and the property and rights so conveyed 
shall be and remain hers, sole and separate, notwithstanding 
her marriage, and shall not be subject to the disposal of her 
husband or liable for his debts; and the said Frances D. Shu- 
gart shall have full power to sue for, collect, enforce, receive, 
hold, enjoy, contract, sell, convey, or berpieath the same as if 
she vrere sole. 

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

Appkoved February 16, 1SG5. 



n force Feb. IC, AX ACT for the relief of certain persons therein named. 

Preamble. WiiERKAs a judgment in favor of the state of Illinois was, 

at the January term, a. d. 1S62, of the supreme C(»urt of 
said state, in the second grand division thereof, at Sj^ring- 
held, recovered against Henry Fi Vallette, late c*jllector 
of tlie county of l)uPage, and the securities on his official 
bond as such collector, for the sum of five thousand four 
hundred and ninety-four dollars and forty-eight cents, 
(being a balance due from said collector,) and costs of 



RELIEF. 251 

suit ; and whereas the default of said collector was occa- 
sioned by no fault or neglect on his part, but by reason of 
the failure of persons with whom said collector had de- 
posited the revenue for security, neither the said county 
nor the said collector being provided with a vault or safe 
where the revenue could be kept ; therefore, 
Section 1. Be it enacted hy the Peoijle of the IState of 
Illinois^ represented in the General Assembly^ That if the 
said Henry F. Yallette shall pay or cause to be paid into the if money be paid 
treasury of this state, in treasury notes of the United States, b^'^sSU'^'^" 
one thousand dollars on or before the first day of July, a. 
A. 1865, and one thousand dollars on or before the first day of 
December, a. d. 1865, and shall pay all costs which have 
accrued in said suit, that then upon such payments being 
made as aforesaid, the auditor of this state shall be autho- 
rized and he is hereby required to enter satisfaction of said 
judgment. 

§ 2. 'i'liis act shall take eifect and be in force from and 
after its passage. 

Approved February 16, 1865. 



In force Feb. 15, 
AN ACT for the relief of Jeremiah M. Wardweli. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That the pay for rifles 
auditor shall draw his warrant upon the treasurer in favor . • - 
of Jeremiah M. Wardwell for the sum of fourteen thousand 
one hundred and thirty-three dollars, the same being the 
balance due him in full for four thousand Enfield rifles and 
implements therefor, purchased of him by the state of Illi- 
nois for the use of Illinois troops, to be paid by the treasurer 
out of any moneys not otherwise appropriated by law. 

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

Approved February 15, 1865. 



AN ACT in relation to the real estate of George Washington, (a colored In force Feb. 16, 

man) deceased. 

Whereas it is represented to this general assembly that Preamble. 
George Washington, (a colored man,) on or about the 18th 
day of April, a. d. 1861, died in the county of Jersey, 
and state of Illinois, seized and possessed of real and 
personal property in this state, and that he made a nun- 
cupative will, providing that all of his property, real and 



252 EELTEF. 

personal, which miii,ht remain after payment of his debts 
and funeral expenses, shoulvi be s'old and converted into 
money, and that the sum of fifteen hundred dollars of the 
same should be applied to the erection of a monument to 
the memory of his former master. Dr. Silas Hamilton, 
deceased, and the residue should be applied to the educa- 
tion of Colored persons ; and whereas it is further repre- 
sented to this general assembly that the said nuncupative 
will has been duly proved in the county court ot' said 
county of Jersey, and letters of administration with the 
will annexed, have been granted by said court unto Joseph 
0. IJamikon, of the said county, who is dcbirous to carry 
out the provisions of the said will ; and whereas it is 
further represented that the said George Washington has 
left no heirs, and that his real estate is liable to be 
escheated to the state of Illinois; therefore, 
Sectiox 1. Be it enacted hy the People of the State of 
Illinois^ ^presented hi the General Assemhly^ That Joseph 
Administrator O. IIamilt(.)n, administrator of the estate of the said George 
^r^saie^oTrt^i AYasliington, deceased, or in case of his death, removal or 
estate. resignation, Iiis successor be and he is hereby authorized to 

present a petition to the circuit court of said county of Jer- 
sey, praying for an order of said court to sell the real estate 
of which the said George "Washington died seized, and to 
apply the proceeds of said sale to the objects and purposes 
specified in the said nuncupative will of said deceased, 
which said ])etition shall set forth the said v.dll and the pro- 
ceedings and grant of letters of administration thereon, and 
also a full description of the said real estate. 
Order for sale. ^ 2. Upou the liearincr of Said petition by the said circuit 
court, if the said nuncupative will shall be fully proven and 
established to the satisfaction of said court, and the said 
court shall be further satisfied that the said George Wash- 
ington has left no heirs, it shall be lawful for said court, and 
said court is hereby fully authorized and em])Owered to grant 
the ])rayer <jf said petition, and to make an order for the 
sale of said real estate by said administrator, and for the 
a]»plication of the proceeds of said sale conformably to the 
])rovisions of said nuncupative will, and to make all orders 
in said cause which may be necessary and proper to vest the 
title in llie ])urchaser or purchasers upoji said sale, and to 
secure the faithful application of the ])roceeds to the objects 
and ])urposes specified in said will. 
Notice of p'> ji ?j. iSTotice of the filing of said petition sliall be given 
lor at lenst sixty chiys before the nlmg of tlie same by pub- 
lication thereof in some newspaper printed and published in 
the said county of Jersey, aiul in case there shall be no 
uewBija^jer printed and ])ublished in said county, then in some 
news])aper j^rinted and published in the county of Madison. 
3j 4. This act shall take effect and be in force from and 
after its passage. 

ArPKOVKD February 10, 1805. 



BELIEF. 253 

AX ACT for the relief of the securities of Jacob P. West, late slierifF of In force April 18, 

Mason count}'. 1SG5. 

Section 1. Be it enacted hy the JPeople of the State of 
Illinois^ rej^reseniedin the General Assembly, That the secu- 
rities of Jacob P. West, late sheriff and collector of revenue se-urities re- 
for the county of Mason, upon the payment to the auditor 
of public accounts the sum of seven thousand one hundred 
and eight and twenty-five one hundredths dollars, it being the 
full amount of revenue collected and not paid over by the 
said sheriff for the year one thousand eight hundred and 
fiftv- seven, be and are hereby released from all liabilities on 
account of a judgment obtained against them in the Sanga- 
mon circuit court upon the bond of said sheriff and collec- 
tor for said indebtedness: Provided, said payment be made Proviso, 
by the said securities, or any of them, by the first day of 
January, one thousand eight hundred and sixty-six : And, 
provided, further, that nothing herein contained shall be so 
construed as to release the said sheriff" from the said debt, 
or any part thereof. 

§ 2. All sales of lands heretofore made by virtue of any saiesset aside, 
execution issued upon said judgment upon the payment of 
the said sum of money to the auditor as aforesaid are hereby 
set aside and held for nothing, and the auditor is required 
to give certificates of redemption to the security or securities 
ownino; said lands. 

§ 3. That executions on said judgment be stayed until Execution to be 
said time of payment as against said securities : Provided, ^ ^^^ ' 
execution may issue against said sheriff', and the judgment 
and execution shall remain a lien upon his property until 
paid and discharged. 

Approved February 16, 1865. 



AX ACT for the relief of the sureties of John A. Wilson, late shenflf and In force Feb. 2, 
collector of Hamilton county, in the state of Illinois. 1S65. 

"Whereas the state of Illinois did, on the 12th of January, Preamble. 
A. D. 1861, at the January term of the supreme court of 
the state of Illinois, second grand division, recover a 
judgment against John A. Wilson, late sheriff and collec- 
tor of the county of Hamilton, in the state of Illinois; 
also, against his sureties on his bond as sheriff and collec- 
tor for the sum of eight thousand four hundred and thirty 
and twenty-nine one hundredths dollars damages and costs 
of suit, and the said John A. Wilson, having, since the ren- 
dition of said judgment paid on and settled with the auditor 
of said state the sum of five thousand seven hundred and 
sixteen and thirty-nine one hundredths dollars, and has also 



25-i KESmVEY. 

in addition thereto, snrrendcred up to execution issued 
upon said judo-ment, property which has been sold and 
bid in b}' the state for the sum of two thousand iive hun- 
dred and tiftv-two and two one hundredths dolhirs, (the 
same being only two-thirds of its appraised value, and the 
real value of said property being more than adequate to 
satisfy said judo;ment,) making in the aggregate the sum of 
eight thousand two hundred and sixty-eight and forty-one 
hundredths dollars that has been paid on said judgment; 
and whereas by reason of the depreciation of property, 
caused by our unhappy political troubles and other causes, 
the said sureties have become insolvent, and a further 
attempt to collect the remainder due on said judgment 
must fall upon two little orphan girls, children of the late 
Chester Carpenter, who vras one of the sureties, thereby 
depriving them of the pittance left them for their support 
and education ; therefore. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assernhhj^ That the pro- 
securities re- pcrty already bid in by the state be and the same is received 
in full satisfaction of the balance due on said judgment as 
against said sureties, and the said sureties are hereby released 
from all further liability on the bond of said John A. Wil- 
Deed to auditor. SOD, upon the cxprcss couditiou that the surviving widow of 
the said John A. Wilson execute and deliver to O. II. Miner, 
auditor of public accounts, for the use of the people of the 
state of Illinois, a deed, in due form of law, releasing her 
dower to the lands purchased by said auditor for the use 
Homestead right aforcsaid, rcscrving her right of homestead in and to any 
'"*^^'^''^''*^" part of the same, and that the title to said lands purchased 

by said auditor as aforesaid was in said John A. Wilson : 
Proviso. Provided^ that this act shall not be construed as releasing or 

affecting in any manner the right to enforce the said judg- 
ment against the estate of the said John A. Wilson. 

,;' 2. This act shall take efl'ect and be in force from and 
after its passage. 

Approved February 2, 1SC5. 



In force Feb. 10, AN ACT to iiutliorize a re-survey of townsliip 24 north, of range 2 east, in 
^-'^•'^- McLean county. 

Preamble. Whereas a great number of the owners of real estate in 

the township of Normal, in the county of Mcl^ean, and 
state of lUiiKjis, which township is known on the plat of 
the United States surveys as township twenty-f )ur north, 
range two east of the third principal meridian, have, by 
petition, represented to this general assembly that so far 



KESUEVET. 255 

as it is known, either no actual survey of anything more 
than the exterior lines of said township was ever made 
by the surveyors of the government, or if made, no cor- 
ners or monuments of any kind, except one on the 
extreme south of said township now remain, or can be 
ascertained or identified, or have ever been found by any 
surveyor of McLean county ; that the lands in said town- 
ship have all been sold, that numerous disputes and law- 
suits have arisen between individual owners of lands in 
said township concerning the section and quarter section 
lines, and that now much uncertainty exists as to those 
lines and corners, whereby the permanent improvement 
of the lands is greatly retarded, the location of public 
roads made uncertain, and great fears are entertained that 
many and expensive law suits will arise about section 
lines and corners ; and said petitioners have prayed for an 
act to authorize a survey of said township and a perma- 
nent settlement of the section lines and corners of said 
township ; therefore, 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Asserribly, That any 
number of owners of real estate in said township may file Bin in chancery 
their bill in chancery in the circuit court of McLean county, Ss to'^Tsurley' 
praying for the appointment of disinterested commissioners 
to resurvey said township twenty-four north, range two east 
of the third principal meridian, and to set up and establish 
permanent corners at each section corner in said township. 
All persons known to the complainants to be owners of any 
real estate in said township shall be made parties to said 
bill, either as complainants or defendants, and all other 
owners or claimants of real estate in said township may be 
made defendants thereto by the names of unknown owners 
or claimants of real estate in township twenty-four north, 
range two east of the third principal meridian in McLean 
county; and all persons either made defendants by name, Defence, 
or as unknown owners or claimants, and showing any right 
or reasonable claim to any real estate in said township, or 
any interest therein may appear and defend said bill, and 
be heard on any proceedings therein until the same is finally 
determined. 

§ 2. A subpoena or subpoenas in chancery shall be issued Puwic notice, 
on said bill, which before said cause is heard shall be served 
at least ten days on each defendant to said bill, known to 
reside in McLean county, and at least sixty days' notice 
shall be given in a public newspaper published in Elooming- 
ton, in McLean county, notifying all defendants not residing 
in said county, and all unknown owners or claimants of real 
estate in said township of the fifing and objects of said bill, 
and also that they may appear on the first day of the next 
term of said court to defend their rights. 



256 EE SURVEY. 

Survey of town- ^ 3. After servicG of procGSS and publication as aforesaid, 
^'^'^'' said court may proceed to hear the alletrations of said bill, 

and of all answers tiled tliereto, and any evidence \\hicli 
may be submitted by tlie parties, shall thereupon, uidess 
good cause is shown to the contrary, proceed to appoint 
three disinterested commissioners, to be selected anywhere 
within the limits of the state, who shall make or cause to be 
made, a full and accurate survey of said township, and of 
all the section and quarter section lines thereon, and to 

Establish cor- establish each -section and quarter section corner thereon, 
and said commissioners shall cause substantial stone corners, 
at least two feet in length, to be lirmly set in the ground at 
each section corner as so established. 

Legal lights. g 4:, Tlie complainants in said bill shall file therewith an 

attested copy of the plat of the public survey of said town- 
ship made for the United States, and the court in decreeing 
and appointing said commissioners and ordering said survey 
shall make such order in regard to such survey, and to the 
division of any surplus or deficiency which may be found to 
exist over or under the amount as stated on said plat as may 
be consistent with the legal rights of the owner or owners 
of the several sections. 

p]ai and record s; 5. Said comuiissioners shall make a full and complete 

oi^ur'vey. retum of their acts to the circuit court of McLean county, 
together with a copy of the survey made by them, showing 
the length of each section line as by them established, and 
the quantity contained in each section, and said court shall 
make tu each commissioner sucli compensation as the said 
court may seem just and reasonable. 

Resurveyor ap- ,^i (j. After tlio rctum of Said report, the said court shall 

'"''^''''*^'^''*^^'"'' enter a rule, fixing a day for all parties who may feel 
aggrieved by said report to except thereto, and upon the 
hearing of any exceptions, or if no exceptions be taken on 
examining said report, said court may either set the same 
aside and order a re-survey, or may apjjrove said report and 
order the same to be recorded. 

Evidence. ■$ 7. If the Said coui't shall approve said report and order 

the same to be recorded, said report and the section corners, 
establislied by said commissioners, shall forever be full and 
Conclusive evidence to establish the corners and boundaries 
of the several sections and quarter sections in said township, 
unless the order of ap]jroval shall be reversed on appeal, as 
herein provided for. 

Appeals may ho < 8. Ally juirty to Said suit, either by name, or any per- 

taken. g^^j^ sucd therein as unknown owner or claimant, and show- 

ing that he is owner or has reasonable claim to any real 
estate in said townshij^, may ]n-osecute an appeal from the 
final order or decree of said court, in like manner and time 
as other appeals are tak(!ii, or may prosecute a writ of error 
to the supremo court of this state within twelve months 
after said final order or decree and not after. 



KOADS. 257 

§ 9. The said court shall audit all the expenses attending Lands in town- 
the prosecution of this suit, and also all expenses which cSs^of tax. *" 
have attended the passage of this act, and shall, when they 
are audited, direct the clerk to tax them among the taxable 
costs of the suit ; and the clerk of the court, after having 
taxed the costs and expenses so audited by the court, and 
also all other expenses which shall have been allowed by 
the court, is directed to certify the same to the board of 
supervisors of said county, and said board shall cause a tax 
or assessment for the amount thereof, and all costs of collec- 
tion to be levied on all the real estate in said township which 
shall be collected as other taxes and paid over to the persons 
entitled thereto. 

§ 10. This act shall take eflfect and be in force from and 
after its passage. 

Approved February 16, 1865. 



AN ACT to legalize the acts of the commissioners of highways in the town In force April 16, 
of Cordova and county of Rock Island. 1^65. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented m the General Assembly, That the acts 
of the commissioners of highways for the town of Cordova, Acts confirmed. 
in the county of Rock Island, in re-surveying, laying out 
and establishing roads and public highways in said town 
from April 1, 1862, to January 1, 1865, be and the same are 
hereby legalized and confirmed; and all roads surveyed, 
laid out and opened by them are hereby declared public 
highways. 

Approved February 16, 1865. 

\ 



AN ACT to vacate a certain countv road therein mentioned. in force Feb. 16, 

1865. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General AsseinUy, That all that 
part of a county road in the county of Logan, running Road vacated. 
through Elkhart City, and sections number thirteen and 
eighteen, in township eighteen north, range four west, be 
and the same is hereby vacated. 

§ 2. This act shall be in force from and after its passage. 

Approved February 16, 1865. 



— *18 






ROADS. 



force Feb. lo, 
1SC5. 



Preamble. 



AX ACT to amend the charter of the Lake View Avenue Company. 



real estate. 



Whereas The Lake Yiew Avenue Company has been 
organized, under and according to the provisions of an act 
entitled " An act to provide for constructing, maintaining 
and keeping in repair, plank, gravel or Macadamized roads 
or pikes,-' by a general law, approved February 21, 1859, 
for the purpose of constructing, maintaining and keeping in 
repair a gravel or Macadamized road in the county of Cook, 
therefore, 

Section 1. Be it enacted by the People of the State of 
Illinois^ rejyresented in the General Assembly, That said 
Hold and sell corporatiou, in addition to its powers under said general 
law, be and is hereby authorized to take and hold, by pur- 
chase, gift, grant or devise, real estate not exceeding, at any 
one time in value, the sum of one hundred and fifty thou- 
sand dollars ($150,000,) and to sell and convey the same, 
and to make and establish such by-laws and regulations in 
regard to the duties of its officers and agents, the use of its 
road and property, and the investment of its profits and 
funds, as are not inconsistent with the constitution of the 
state of Illinois or of the United States. 

§ 2. The common council of the city of Chicago, may 
fix and determine, by contract with said company, the rates 
of toll to be received by said corporation, within the limits 
of said city ; but the rates either within or without the 
said limits, shall not exceed the following, to- wit: For 
each horse, one cent and a half per mile ; for each vehicle 
drawn by one horse, the same rate ; and for each vehicle 
drawn by two or more horses, two and a half cents per 
mile ; and the common council of said city may provide, by 
ordinance, against the charge and receipt of greater rates, 
within said city, and enforce the same by adequate penalties 
against said corporation, its officers or agents. 

§ 3. This act shall be deemed a public act, and shall 
take effect and be in force from and after its passage. 

Approved February 16, 1865, 



Rates of toll. 



In force Feb. Ifi, AX ACT to authorize the legal voters in the Xorthern tier of sections in 
^'^^■^- township five north, and township six nortli, in range ten, west of the third 

principal meridian, in Madison county, to levy a tax for the purpose of 
Macadamizing certain public roads. 

[Section 1.] Be it enacted by the People of the State of 

Plinois, represented in the General Assenihly, That the 

Election district, district of Country in Madison county, and state of Illinois, 

known and described as the northern tier of sections in 

fractional township five north, range ten west, north of and 



KOADS. 259 

adjoining the city of Alton, and township six north, in 
range ten west, is hereby constituted into an election dis- 
trict lor the effects and purposes hereinafter mentioned. 

§ 6. Be it furihef)' enacted, that for the purpose of Tax mar be 
grading and Macadamizing the public road from the north ''''"*^'^' 
end of State street, in the city of Alton, to the line between 
townships live and six north, range ten west, (distance about 
one mile.) The legal voters living within said district, are 
hereby authorized to levy a tax not exceeding one half of 
one per cent, per annum upon the real estate and personal 
property within said district. 

§ 3. Be it further enacted, That Benj. F. Long, James Judges of eiec 
Mitchie, A. P. Mason, are appointed judges of said election, '^°"" 
who shall give public notice in at least four places, within 
said district, of the time and place of holding said election, 
and of the object to be voted on. Before opening the polls 
the said judges shall appoint two clerks, who shall be legal 
voters in the district, who shall keep a record of the pro- 
ceedings of the said election in the same manner as is pro- 
vided for the election of county officers. The said election Manner of eiec- 
shall be by ballot, the voter writing upon his ballot " For the 
tax" or "Against the tax," as he may prefer. The said 
judges and clerks shall be sworn ; and the said election shall 
be conducted in the same manner as is provided for the elec- 
tion of county officers. 

§ 4. If it shall appear, after closing the polls, that a ma- 
jority of the votes are for the " tax," one of the poll books 
shall be returned to the clerk of the county court, and the 
other be retained by the judges of election. commissioners, 

§ 5. Be it further enacted, that it shall be the duty of treasum-. 
the said judges, if a majority of the votes are in favor of 
the tax, to give public notice, in manner and form hereto- 
fore given, that an election will be held at a time and place 
specitied in the notice, for an election for three commission- 
ers, a collector and treasurer, who shall hold their office for 
the term of two years, and until their successors shall be 
elected and qualified. The said collector and treasurer shall 
give bonds, with security, for the faithful performance of 
their duties, in such amounts as the said commissioners may 

reouire. Name and style 

^ 6. Be it further enacted, that the said commissioners 
shall be constituted a body corporate and politic, by the 
name and style of " The Alton and Monticello McAdam 
Road Company," and by that name shall have succession Powers. 
for the term of ten years ; may sue and be sued, complain 
and defend, in any court of law or equity. The said com- 
missioners shall appoint one of their number for president, 
and may appoint a clerk if they shall deem it necessary. 
The said clerk shall keep a record of the proceedings of the 
board, and perform such other duties as may be required by Pay of^commis- 
the board. The commissioners shall be entitled to receive, 



200 ROADS. 

out of the proceeds of the tax, as a comper.sati<;»n for tlieir 
services, two dollars per diem for the time necessarily em- 
])loyed ill the performance of their duties, under the provi- 
sions of this act : and they shall aHow the collector, treasurer 
and clerk of the board a reasonable compensation for their 

.Making road. ServicCS. 

§ 7. Be. it furiJier enacted^ that the said commissioners 
shall be authorized to contract with one or more persons for 
the grading and construction of said road, and shall require 
bond and security for the faithful performance ot all con- 
Meeting to vote tracts. 

§ 8. Be itjurther enacted^ that when the said road shall 
be completed to the point indicated in section two, the said 
commissioners shall call a meeting of the legal voters of the 
district, giving the same n<»tice required in the third sec- 
tion of this act, for the purpose of deciding vrhetlier a tax 
shall be levied in the district to grade and Macadamize the 
jniblic road from the point of intersection with the line be- 
tween townships live and six, north-northwardly towards 
Monticello ; and, also, the public road leading from Upper 
Alton to Grafton, or such ])arts of said roads as the said 
commissioners may elect. The said election shall be con- 
ducted in the same manner as provided in said section. If 
it shall api^ear that a majority of the votes are in favor of 
the tax, one third of the amount arising from said tax shall 
be appropriated to the Alton and Grafton road, and two- 
iioads to be kept tliirds to the Altou and Monticello road. 
'""^ '"''■ § 9. Be it further enacted^ that the county court shall 

keep the roads thus Macadamized in re])air, or such parts 
County may aid. thcreof, as may be finished and turned over to the county, 
ij 10. The county court of Madison count}" are hereby 
autliorized to make such appropriation in aid of the construc- 
tion of the said road, as, in their judguient and discretion 
Basis of tax. may seem just and reasonable. 

^^ 11 dk it furtlier enacted^ that as a basis of taxation, the 
clerk of the board shall obtain, from the county assessor, a 
certiiied copy of the assessment of the district from which 
he shall make out blank receipts for the use of the collector, 
who shall have the same ])Ower and authority in the collec- 
tion of the tax that the collector of the county revenue now 
Moneys, how has, or may have, under the laws of this state. 
^'^^'^^ % 12. Be it further enacted^ that all moneys'- drawn from 

the treasurer sliall be by warrant, signed by the president 
of the board, and countersigned by the clerk. This act 
to be in force from and after its passage. 
Approved Feljruary 16, 1805. 



KOADS. 2GL 

AX ACT to incorporate the Quincy and PiUsfield Macadam or Telford Road In force Felj.lG 

Company. lSi5. 

Section 1. That all such persons as shall become stock- xamcanj style, 
holders agreeably to the provisions of this act in t]ie cor- 
poration hereby created, shall be a body politic and corporate 
by the name and style of "The Quincy and Pittslield Mac- 
adam or Telford Road Company," and shall by that name 
have perpetual existence, and by that name may sue and be powers. 
sued, plead and be impleaded, answer and be answered 
unto in all courts of law or equity ; may make and use a 
common seal, and alter the same at pleasure ; may make 
by-laws, rules and regulations for the management of their 
property, regulation of their affairs and for the transfer of 
their stock, not inconsistent with the constitution of the 
United States or of this state, and may purchase, hold and 
convey real estate. 

§ 2. Said corporation shall have power to construct width of road. 
maintain and continue a Macadam, or if they shall deem 
preferable, a Telford road of such width, above sixteen feet, 
as they may deem advisable, by the directors of said cor- 
poration on or near the route of the "state road," as sur- 
veyed August IS, A. D. 1857, "from Pittslield, Pike county, - 
to Quincy, Adams county," the definite location to be made 
by them from said city of Quincy to Fall Creek, or to 
the south line of said Adams county to intersect with the 
plank road leading to the city of Hannibal, Missouri, if 
said company shall so choose. 

§ 3. The capital stock of said company may be one capit aistock. 
hundred thousand ($100,000) dollars, with the privilege of 
increasing it to twenty thousand more, divided into shares 
of fifty dollars ($50) each, which shall be considered per- 
sonal property. 

§ 4. That Hon. Thomas Redmond, Jackson Grimshaw, open books. 
Perry Alexander, Wm. Schreiber, James M. Pittman, 
E. H. Buckley, Eli Sechom, Clark Chatten, L. G. Carr, 
Oliver Gray, A. H. Geise, F. Relembring and Wm. H. 
Rollins, of said Adams county, or a majority of them, 
shall be commissioners for receiving subscriptions to the 
stock of said company, when and where, and after such 
notice as they or a majority of them, shall agree upon ; 
they may require security for the payment of subscriptions ' 
thereto and partial payment thereof, from time to time, as 
they may deem necessary, before the same shall be taken. 

§ 5. The affairs of said company shall be managed by Directors. 
seven directors, who shall be stockholders, and a majority of 
whom shall be and form a quorum to do the business of 
said company, and one of whom shall be president of the 
board or company. The directors shall elect of their own 
members a secretary, who may be ex officio treasurer of the 
company. The said directors shall be chosen by the stock- 



-*-'- ROADS. 

Directors ani lioldor? of Said compaii}' as soon as ten thousand (10.000) 
•S'seii!' '^'''" doHars shall be subscribed of the stuck of said company. 
Directors and other officers of the company shall continue in 
ofrice for the si»ace of one year, and until theii- successors 
shall be chosen and qualitied. All elections shall be by 
ballot. The lirst election for directors shall be held at the 
time and place appointed by the said commissioners, but all 
subsecpient elections shall be held and regulated according 
to the bydaws of the company. In all elections each share 

Vacancy. sliall bc entitled to one vote personally or by proxy. When- 

ever any vacancy shall hajipen in Uio board of directors 
such vacancy shall be filled for tlie remainder of tlie year 
by the remaining directors. 

§ (^>. Upon tlie election of directors and organization of 
their l;)oard, tlie said commissioners shall deliver to said 
directdrs all moneys received by them as subscriptions to 
stock, the books of subscription and all otlier property of 
said company'. 

ToUi and toll ^ 7. The said corporation is authorized as soon as the 
'''^'■''' board of directors are elected, to commence tlie construc- 

tion of said road, and as soon as three miles thereof 
shall be completed may erect toll gates thereon and collect 
the tolls allowed by this act. Said company shall keep said 
road in repair, and said company shall have power to use, 
alter (jr construct bridges and causeways over any streams 
or sloughs anywhere upon the route of said road they may 
deem necessary ; and said company may have power to 
borrow any sum, not exceeding twenty thousand dollars, to 
aid in the construction of said road, and for that purpose 
may mortgage said road or any real estate of said company. 

iv;f-asai to pr.y S S. The Said comi)anv shall have power to tix and reo-u- 

*0ll If ^1 ^ «-^ ^ 

late the tolls to be charged and paid for passing on said 
road, which in no case shall be above the custctmary ti.ills 
on other similar roads in this state ; and it shall be lawful 
f )r any toll gatherer to stop and detain any person going 
on said road until the toll ];)roperly charged shall be paid ; 
and any person who shall use said road and refuse to pay 
said toll shall forfeit and pay f:>r said refus-.d the sum of 
three dolhii'S and cost of suit, to be collected by said cor- 
])oration by action of debt before any justice of the peace 
of the proper county. 

Style of road. § ',). Said Company shall commence said road atQuincy, 

and build the same in a good substantial manner, above 
liigh water mark, so that the travel on the same will not be 
at any sea.-on of the year obstruct'. d by high water. 

i.'.-a'ionof read ^ 10. The Said Corporation is liereby authorized to lo- 
eate and cons:truct said ]\[acadam or Teltbrd road over any 
lands owned by this state oi- by individuals on the route of 

Riqht ofway. fiaid I'oad. Sai<l company shall pay all damages that may 
accrue to any jterson or ])ersons by means of taking their 
lands, timber, rock or gravel Ibr the use of said road ; and 



EOADS. 263 

when the same cannot be obtained by the consent of the 
owners upon reasonable terms it shall be estimated and re- 
covered in the manner provided by law for the recovery of 
damages happening by the laying out of highways. 

§ 11. Any person who shall willfully injure or obstruct wiiifuii injury 
the said Macadam or Telford road, or any part of the appen- 
dages thereof, shall be guilty of a misdemeanor, and shall 
forfeit to the use of said company a sum three-fold the 
amount of the damages occasioned by said injury or ob- 
struction, to be recovered in an action of debt before any 
justice of the peace or any court of record in this state. 

§ 12. The said company shall be allowed three years Time to biuid 
from the passage of this act for the commencement of the 
construction of said Macadam or Telford road, and in case 
the same shall not be completed in ten years thereafter, the 
privileges herein granted shall be forfeited. 

§ 13. This act shall be deemed and taken as a public 
act, and shall be in force from and after its passage. 

Appkoved February 16, 1865. 



ANT ACT to vacate a Road therein named and re-locate the game. ^^ force Feb. 14, 

1865. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That the public 
highway known as the Lake Shore road, or Chicago and Roads vacated. 
Milwaukee road, and all other roads by whatsoever desig- 
nation known traversing or passing over or through the 
north-east quarter of the south-east quarter and the north- 
east quarter of section four (4) in township forty-three (43) 
of range twelve (12) east of the third principal meridian be 
and the same are hereby vacated and annulled. 

§ 2. That the said road be and the same is hereby lo- Relocation of 
cated as follows : Commencing at the south-east corner of ^°^^^" 
said north-east quarter of the south-east quarter of said sec- 
tion, thence running north on the section line to the north- 
east corner of said quarter section, thence west along the 
north line of said south-east quarter of said section (said 
line forming the north line or boundary of said road,) to 
the north-west corner of said quarter section, thence north 
on the line between the north-east quarter and the north- 
west quarter of said section to the north-west corner of lot 
number one of the north-east quarter of said section, where said 
road shall resume the present traveled route of said high- 
way'', and in consideration of the owner of said lot number one 
giving the right of way over the same without compensa- 
tion, it is declared and granted that no street or highway 
shall ever be laid across said lot, or any part thereof, with- 
out the consent of the owner thereof. 



'2Q4: KOADS. 

§ 3. Said road shall be opened and rendered passaule as 
soon ab practicable. 

§ i. This act to take effect and be in force from and 
after its passao-e. 

Appkoyed Febrnarj 14, 1S05. 



lu force Feb. 16, AX ACT to locate a State Road in the county of Cook. 

lSo5. 

Section 1. jBe it enacted by the People of the State of 

Illinois^ represented in the General Assemhly^ That AVater- 

commisiioners man Eccd, Sidney S. Campbell and Amos Parmelee are 

to locate roads. •, ■■ • . i • • , • i ^ ^ , 

hereby appointed commissioners to view, mark and locate 
r.oute of road, a statc road in the county of Cook, as follows : Commenc- 
ing at the junction of the Archer road with the Blue 
Island plank road, in front of the Brighton House, near the 
city of Chicago, thence south-westerly along said Archer 
road about three miles to the first angle in said Archer 
road, thence in a south-westerly direction about eight miles 
to the Calumet Feeder, on the range line between the 
towns of Palos and Worth, thence south on said range line 
across said Feeder and for the distance of about one mile, 
thence south bearing west across the Sag Swamp to a 
]:)oint eighty rods w^est of the south-east corner of section 
number twenty-four, town of Palos, and there terminating : 
Proviso. Provided^ that after a fair hearing of all the arguments for 

and against the farther extension of said road said com- 
missioners, or a majority of them, shall be of opinion that 
the wants of the community are such as to demand a fur- 
ther extension of said road, then and in that case said com- 
missioners shall so extend, mark, locate and establish said 
road in a south-westerly direction about four miles to the 
south-east corner of lands owned by Walter Chattielcl in 
the town of Orland, the same being south side of section 
number three of said town, 
Timr, and place ,^ 2. Said coinmissiuiiers, or a majority of them, shall 
era tomeeu^°'^' meet to j)erform the duties herein required of them at the 
Brigliton House, at any time before the tenth day of July 
next, and before entering upon the duties herein assigned 
them shall take an oath before some justice of the peace 
faithfully to discharge the duties herein rerpiired. 
Surveys. ^ 3. Said commissioners, in the discharge of their du- 

ties, shall procure Uie services of a competent surveyor, 
chain carriers and ouier necessary assistants, and shall view 
and locate said road by courses and distances. 
Plat of road. § 4. Said commissioncrs sliall, withiii a rcasouablc time 

after they sliall have viewed and located said road, as by 
this act required, cause a correct plat thereof to be 



ROADS. 265 

made by the surveyor, and shall file said plat, together with 
the field notes of such survey, in the ofiice of the county 
clerk of Cook county, and said clerk shall record said plat 
and field notes in the book of records of the county board 
of Cook county. 

§ 5. Upon the filing of such plat and field notes in the widtnofroad. 
office of said county clerk, and the recording thereof, as by 
this act required, said road shall be and is hereby declared 
to be a state road and public highway sixty-six feet in width, 
and shall be opened, worked and repaired as such. 

§ 6. Should any person or persons claim damages by Damages, 
reason of said road passing over his, her or their premises, 
the same shall be assessed and paid in manner now pro- 
vided by law. 

§ 7. It shall be the duty of commissioners of highways Nonresident tax 
in the several towns through which said road is located 
each and every year to ascertain the amount of road tax 
levied and collected of the non-resident lands lying within 
two miles of said road, and to lay out the same in con- 
structing, repairing and improving said state road. 

§ 8. Said commissioners shall be entitled to and allowed ^^y of commis- 
as a compensation the sum of three dollars per day each 
for every days' work necessarily employed in the duties by 
this act required of them. Said surveyor shall be allowed Pay of surveyor 
as compensation for his services the sum of four dollars per 
day, and chain carriers and all other necessary assistants 
shall be each entitled to and allowed the sum of two dollars 
per day, each to be certified by said commissioners and paid 
by the board of supervisors of Cook county. 

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

Appkoved February 16, 1865. 



AN ACT to relocate a state road therein named. ^ ^°^2Ll^^- ^^' 

1865. 

Section 1. Be it enacted l)y the People of the State of 
Illinois^ represented in the General Assembly^ That so much 
of the state road or public highway as is located on the east Road changed, 
half of section ten in township five north, range eight, west 
of the third principal meridian, running north and south, 
be and the same is hereby changed and relocated, so 
that the same shall run on the section line between said half 
section, and the west half of section eleven in said township. 

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

Approved February 16, 1865. 



'266 



KOADS. 



In force Feb. 15, AX ACT to amend an act entitled "An act to locate and establish certain 
"*• state roads therein named, through the counties of Terry, Randolph and 

Jackson counties," approved February 18, 1861. 

Section 1. Be it enacted hy the People of the State of 

Illinois, represented in the General Assemhly, That Hawkins 

Commissioners g. Ozburn, Ricliarcl H. AVillianig, and Harry Ahnoii. or a 

to view roaa. . . c ^ ^ ^ t • ^ 1 '' • 1 

ma](»nty oi them, are hereby authorized and appointed corn- 
Line of road, missioners to view and mark out a state road : Commenc- 
ing at the southeast corner of Ozburn's addition to the town 
Pinckneyville, in Perry county, Illinois, thence south on the 
land lines through the lane between the farm now owned 
and occupied by John R. Jones and Francis Anderson; 
thence the nearest and best route to the old JSTettleton farm ; 
thence the nearest and best route to intersect the Chester 
and Mulkeytown road ; thence along said road to the town 
of Denmark; thence to the old Jacob Short place, and 
thence the best and most direct route to Liberty, in Ran- 
dolph county, the viewers avoiding as much as possible the 
injury of private property. 
Time and place § 2. Said commissiouers, or a majority of them, shall 
mee ing. ^j^qqi ^q peform the duties required of them at Pinckneyville, 
at any time before the 1st day of January, a. d. 186i3, and 
before entering upon the duties required of them by this act, 
shall take an oath before some justice of the peace faithfully 
and impartially to discharge the duties required of them by 
this act. 
Part of act re- § 3. That sectiou Ist of an act entitled "An act to locate 
°^ " ' and establish certain state roads therein named through the 

counties of Perry, Randolph and Jackson counties," to which 
this act is an amendment, be and the same is hereby re- 
pealed, and section live of said act is hereby amended so as to 
allow, authorize and require the county courts of said coun- 
pay of commi3. tics through wliicli Said road ])asses to pay said commission- 
ers at the rate of three dollars per day each, and to each man 
necessarily employed, as chain carriers, ax me;', and flag 
men, in laying out said road, the sum of two dollars and 
fifty cents per da}^, and to the surv^eyor the sum of four dol- 
lars per day. 
TTidthofroad. | 4, That it is made the duty of the county courts of 
said counties to cause said road to be opened sixty feet wide 
within their respective counties. 
Actrepe-kd. t^* .5, Tiiat SO mucli of tlic act to wliicli this is an amend- 

ment, as is inconsistent with this act, be and the same is 
hereby repealed. 

§ (). Tills act to take effect and be in force from and 
after its passage. 

Api'eoved February 15, 1SG5. 



EOADS. 267 

AN ACT to relocate a certain state road therein named. In force Feb. 15 

1S65. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That the 
commissioners of highways of the town of Macon, in the Line of road, 
county of Bureau and state of Illinois, be and they are hereby 
authorized to review and relocate that part of a certain slate 
road from Hennepin, via Windsor, Providence and French 
Grove, in Putnam county, Shabanees Grove, and the town 
of Lagrange, in Henry county, to some point on the Missis- 
sippi river, at or near the mouth of Kock river, laid out un- 
der an act entitled "An act to locate certain state roads therein 
named,'' so far as the said roadis now located on section two 
in said township of Macon, and tile in the office of the county 
clerk of said county of Bureau a report of their proceedings 
under this act, and a plat and field notes of a survey of said Piat of survey, 
road as relocated. 

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

Appkoved Februar}^ 15, 1S65. 



AN ACT to relocate a portion of a state road therein named. In force Feb. 15, 

^ 1865. 

Section 1 . Be it enacted hy the People of the State of 
Illinois, represented in the General ^^sejmW?/, That Joseph 
Ledlie, Simeon Q. Harrison, and M. P. Anderson, be and Relocation oi 
they are hereby appointed commissioners to relocate so much 
of the state road leading from Springfield, in Sangamon 
county, to Beardstown, in Cass coiuity, as lies between the 
west end of Jefferson street, in the city of Springfield, and 
the town of Pleasant Plains, in Sangamon county, said re- 
location to be made, as near as can be ascertained, on the 
original survey of said road, and on the road as now traveled 
between said points. 

§ 2. That said commissioners, or a majority of them, Time and place 
shall meet on or before the first day of July next after the ° ^^^ '°^' 
passage of this act, or as soon thereafter as possible, in the 
city of Springfield, Sangamon county, Illinois, and take an 
oath before some justice of the peace of said county well and 
truly to perform the duties required of them by this act. 

§ 3. When said commissioners shall have reviewed the piatofroad. 
ground, and shall have relocated said road, it shall be their 
duty to make out a plat of said road, and lay it before the 
board of supervisors of Sangamon county as soon as practi- 
cable ; and the said road relocated is hereby declared the 
state road. 



26S KOADS. 

Eecordofi)iat. g i. SaiJ plat, oi' certltiod copj' tlierooi", shall be evi- 
dence hereafter in all courts in this state ; and it shall be the 
dut_y of the board of supervisors of Sangamon county to have 
said plat entered upon their records. 

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

AiTKovED February 15, 1S65. 



In force Feb. 16, AX ACT to locate a state road tiKToia muned. 

1S65. 

Sectcon L, Be it enacted Ijy the People of the State of 
Illinois^ represented iii the General Asserahly^ That Christo- 

commissioners pher H. Ilavekluft, Charles Sprague, John E,, Dutch, 
Abrahauj Lamaster and J. Henry Shaw, be and they are 
hereby appointed commissioners to view, work out, and lo- 
cate a state road of four rods wide, commencing at the city 
of Beardstown, in the county of Cass, running thence, as 
nearly as practicable, on an air line, to the town of Eush- 
ville, in Schuyler county. 

Time and piaca :^ 2. The Said commissiouers, or a raaioritv of them, shall 

of meeting. '^ ,.>,.,'. ,." t-> ' i 

meet at the mayor s oince, m the city ot JJeardstown, on or 
before the tirst Monday of April next, or as soon thereafter 
as may be practicable, for the performance of the duties 
herein assigned them, and shall be and are hereby empow- 

survey assess- ercd to cmploy a surveyor, and such chainmen and axmen 
as nuiy be necessary fur the location of said road, who shall 
perform the duties required of them b}^ said commissioners, 
and shall receive such compensation, or per diem allowance, 
as said commissioners shall certify they are justly entitled to. 

Plat and survey. ^^ 3. Said survcyor shall make out a correct plat or sur 
vey of said road, a true copy of which, duly certified by him, 
shall be filed by said commissioners, together with a report 
of their action in the premises, with the clerks of the county 
courts of the said counties of Cass and Schuyler, who shall 
enter the same of record in their respective offices, after 
which said road, or as soon thereafter as said commission- 
ers, or any one of them, shall open the same or any part of 
said road, the same shall be worked and kept in repair as 
other state roads. 

Road not to be _:^ 4. Said commlssioncrs, or any one of them, are hereby 

county. ^ vested with full jjower and authority to do all acts and 
things necessary to open and im])rove said road, or any por- 
timi of s-iid road, as to them or him may seem best in con- 
formity to this act. And when so opened and improved the 
same shall not be altered or changed by the county courts 
of the county of Cass, or of the county courts of Schuyler, 



EOADS. 269 

nor by the board of supervisors or road commissioners of 
either of the counties of Cass or Schn^der. 

§ 5. Should any damages be claimed by any person or Damages. 
persons in consequence of said road passing his, her or their 
land or premises, the same shall be assessed and paid in the 
manner provided by law : Provided., that after the assess- Proviso, 
ment of said damages, the opening or improvements of said 
road shall not be hindered or delayed. 

§ 6. The damages arising out of or by reason of said Pay of commis- 
road passing over land situated in the county of Cass, shall ^^°"®^^- 
be paid out of the county treasury of said county, upon the 
order of the county court ; and the damages arising out of 
or by reason of said road passing over lands situated in the 
county of Schuyler, shall be paid out of the county treasury 
thereof, upon the order of the county court or the board of 
supervisors of said county. 

§ 7. Said commissioners shall receive, as a compensa- 
tion for their services, five dollars per day, which shall be 
equally paid out of the county treasuries of the counties of 
Cass and Schuyler, together with the amount which they 
ma}" certify to be due to such person or persons as they may 
employ in or about the location, survey or opening of said 
road, it being the true intent and meaning of this act, that z 

each of said counties shall pay one-half of the expenses 
arising from or out of the location, surveying, opening 
and establishment of said railroad. 

§ 8. This act to take effect and be in force from and af- 
ter its passage. 

Approved February 16, 1865. 



AN ACT to establish a state road therein named. In force Feb. 16, 

1865. 

Section 1. Be it enacted hy the People of the State of 
Illinois., represented in the General Assembly^ That R. B. 
Slocum and Henry Holtzhausen, of Wayne county, and D. commissioners 
L. McCowley, of Clay county, be and they are hereby ap- 
pointed commissioners to lay out and establish a state road 
from the town of Fairfield, in Wayne county, to the town 
of Clay City, in Clay county, by way of Enterprise, in 
Wayne county. 

§ 2. Said road shall be located on the line now used as Line of road. 
a county road between the above named points, or as near 
the same as said commissioners may deem practical and eli- 
gible, said commissioners shall, as soon as said road may be 
located, make a report and plat of said road, and deliver a 
copy thereof to the clerk of the county court of each county 



sioners. 



270 SIIARrSIIOOTERS. 

tlirongli which said road may run, which shall be iiled by 
the clerics of said counties in their respective offices. 
Pay of commis- ^ 3. Said road when so laid out shall be and the same is 
herelw declared a state road, and shall be opened and kept 
in repair as other state roads. The county courts of said 
counties shall allow said commissioners three dollars per day 
for tlio time necessarily employed in locating said road, 
which shall be paid by said counties in proportion to the 
number of miles of road in each county. 

§ 4r. This act to take effect and be in force from and 
after its passage. 

Approved February 16, 1805. 



In force Feb. 16, AX ACT to incorporate the Chicafro Sharpshooter's Association. 

1S65. ^ ° '■ 

Sectiox 1. Be it eitacted hy the Peojylc of the State of 
Illijiois, represented in the Genercd Assemlbj^ That Charles 

Name and style. H, J. Miller, Andrcw Gross, Nathan Eisendrath, Ernst 
Reider, Christian B. Meyer, Ludwig Wagner, Hugo C. 
Sternberg, and all such persons as may become associated 
with them, be and are hereby constituted a body politic and 
corporate, under the name of the "Chicago Sharpshooter's 
Association," and by that name shall have perpetual succes- 
sion, with power to sue and be sued, plead and be implead- 
ed, in all courts of law^ and equity in this state ; may have 
- and use a common seal, alter the same at their option ; and 
shall have power to make by-laws, and amend the same in 
any manner not inconsistent with the laws of this state or of 
the United States. 

o'oect. ^ 2. The object of this association shall be to educate its 

members by practice in the use of the riile, and to promote 
social intercourse amongst them. And the officers of said 
association shall consist of a president, a vice-president, a 
treasurer, a secretary, a comptroller, a sergeant-at-arms and 
an assistant sergeant, all of whom shall constitute the board 
of directors of said association, on whom the management of 
all affairs of said association shall be vested; all of said offi- 
cers shall be elected annually by the members of said asso- 
ciation, and at such elections each member shall be entitled 
to but one vote ; and stockholders wdio are not members of 
the association at the time of such elections, shall not be en- 
titled to a vote. 

Capital stock. ^ 3. Tlio ca})ital stock of said association shall be divi- 

ded into shares of ten dollars each, and may consist of any 
number of shares not exceeding hve thousand, and the same 
shall be subscribed for and taken under the direction of the 



SCHOOLS. 271 

board of directors, at such time and place and in such a man- 
ner as they, from time to time, may determine. 

§ 4. Annual meetings shall be held by the members of Annual meeting. 
said association for the election of directors and other offi- 
cers, and such other meetings at such other times and places 
as the by-laws may determine. The election of officers shall 
be by ballot, and all such elections and all votes shall be 
by a plurality of the members present. 

§ 5. Said association may hold real estate not exceeding Hold real estate, 
in value fifty thousand dollars, and such personal estate as 
may be necessary for the objects of said association ; shall 
be capable of receiving by gift, devise, or otherwise, real es- 
tate to an amount not exceeding twenty-hve thousand dol- 
lars, as well as personal property; may lease, convey or 
mortgage the same, and pass such by-laws as may be neces- 
sary for the collection and disposing of contributions and 
regular dues, and initiation fees of its members. 

§ 6. The shares of said association shall be assignable shares assign- 
and transferable only according to the regulations that shall ^^^^" 
be adopted by said association in that behalf; and shall be 
forfeited and canceled on the books for the non-payment of 
any installment due on the same, and when forfeited and can- 
celed, such amount as has been paid thereon shall go to the 
general fund of said association. 

§ 7. The corporation may appoint such other officers, officers, 
through the board of directors, as they may deem expedient, 
who shall hold their offices for the term of one year, and 
until their successors are elected and qualified. 

§ 8. The corporation shall have the power to impose Fines. 
fines upon their members, to deprive members of their 
membership, and all rights, privileges and interests adhe- 
ring thereto, for such causes as may be stipulated in the by- 
laws. 

§ 9. The treasurer of said corporation shall give bond Treasurer to give 
and security for the faithful performance of the duties of his 
office, to be approved by the directors. 

§ 10. This act shall take effect from and after its pas- 
sage. 

Approved February 16, 1865. 



bonds. 



AN ACT to provide amendments to the Bloomington School Law. I" ^^''ce when 

voted for. 

Section 1. Be it enacted hy the People of the State gf 
Illinois^ represented in the General AssefnUy, That the act 
entitled "An act to establish and regulate a system of pub- Amendments. 
lie schools in the city of Bloomington," approved February 
16, 1857, be and the same is hereby amended as follows, to 
wit: the words, "and of such other persons living in the 



272 sjiiooLS. 






iinmcdiate vicinity as may own property cbariied with a 
school tax in said city of Elooniington," in tlie sixtli section 
of said act, are stricken out. Also, in the eighth section of 
said act the word "jfive," in both places where it occurs be- 
fore the word "mills," shall be and is hereby changed to 
"ten," so that it shall read in both places ten mills on the 
dollar of the taxable property of said city, instead of "five" 
mills. 

Examiners. ^ 2. That the tcntli scctioT. of Said act be and is hereby 

so amended that the said board of education are hereby au- 
thorized to choose the "examiners" provided for in said sec- 
tic:)n, one or all of them, from the members of said board. 

Elections, wiieu ^ 3^ That hereafter all elections under said school law 
shall be held at one place, to wit : at the court house in said 
ciry of Blooming-ton, instead of in the several wards as here- 
tofore. 

Borrow money. ^ 4,^ That the Said board of education are hereby author- 
ized to borrow money upon the signature of its president 
and secretary, (having been previously authorized to do so 
by the board at one of its legal meetings,) at a rate of inte- 
rest not to exceed ten per cent, per annum, for the purpose 
of purchasing sites, building and repairing school houses, 
or furnishing the same, to an amount not to exceed for any 
one loan, one half of the probable sum to be realized from the 
taxes of the succeeding year, to be paid out of said taxes 
when collected in all cases. 

Form of ballot. ^ 5^ Thcsc amendments shall take effect and be in force 
from and after their approval by the legal voters of said city 
at the regular election for the members of the board of edu- 
cation, in April next, (18G5), at which election the question 
shall be submitted in the following manner : ballots shall be 
prepared "for the amendments to the school law," and 
"against the amendments to the school law ;" and if more 
votes shall be cast for than against said amendments, then 
said amendments shall from that date be and become a part 
of the school law of said city of Bloomington. But if more 
votes shall be cast against than for said amendments, then 
said amendments shall not become a portion of said school 
law. 

Ai'PiiovED February IG, 1SG5. 



In force Feb. iG, AN ACT to amend an act entitled "An act for enlarging the Carthage School 
l"*^^- iJi.=trict," apiirovcd February 22, 1861. 

Sp:ction 1. IJe it enacted hy the People of the State of 
lllinovi^ represented in the General AsHeinbhj^ That hereaf- 
ter, upon the day fixed by the general school law for the 



SCHOOLS. 273 

elecsion of directors of schools, next ensuing, an election Three district, 
shall be held in the town of Carthage for the election of ?hS?" ^^ '"■' 
three directors for said district, to be held and conducted 
according to the school laws then in force, as near as may 
be, the electors having the power to appoint a judge and Judges and 
clerk of such election, and said three directors so elected tion.* ° 
shall hold their office for one year, and an election shall be 
so held hereafter annually as aforesaid for three directors 
of said school district. The term of office of the school di- 
rectors of said district now in office shall expire when the 
directors elected according to the provisions of this act shall 
have been elected and qualified. And if for any cause 
whatever, said election shall not be held at the time afore- 
said, then said election may be held on any Monday there- 
after, upon notice being given as required by the general 
school law of this state in force at such time. 

§ 2. All tines and penalties for the violation of any of Fines and li- 
the ordinances of the town of Carthage, in Hancock county, *=^^^^' '^^p^^^' 
Illinois, and all moneys arising from the license of groceries 
and saloons, shall hereafter be paid over to the treasurer of 
the board of trustees of the said town of Carthage, for the 
nse of the corporation of the town of Carthage, and shall 
not be paid over to the treasurer of said school district ; and - 

all fines, penalties and licenses whatever, heretofore assessed, 
or assessed and collected under said ordinances, and not yet 
paid over to the treasurer of said school district, shall be 
paid to the treasurer of the board of trustees of the town of 
Carthage for the use of said town. 

§ 3. All the provisions of the said act to which this act what repealed. 
is an amendment, inconsistent with the provisions of this 
act, are hereby repealed. 

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

Approv^ed February 16, 1865. 



AN" ACT to authorize the Board of Supervisors of Edgar county to appor- In force Feb. IC, 
tioa the county school fund to the several townships of Edgar count} ,.011 ^^^5' 

the same basis that the state school fund is now apportioned. 

Section 1. £e it enacted hy the People of the State of 
Illinois^ re2)resentecl in the General Assembly^ That the 
board of supervisors of Edgar county be and are hereby school fund, 
authorized, hereafter, if they shall so elect, to apportion the ^l"" apportion- 
county school fund of Edgar county to the several town- 
ships, on the same basis as the state school funds are now 
apportioned. 

I 2. This act shall be in force from and after its passage. 

Approved February 16, 1865. 

-n9 



:?7-i SCHOOLS. 

la force Feb. IG, AX ACT for the cj^tablishuiout of a system of graded schools in the town of 
1^-5. Cordova. 

Sectiox 1. Be it enacted hy the Feoplc of tJie State of 
Illinois^ represented in the General Assemblij^ That all the 

Li:.ut of aistiict. territorj within the limits of towiisliip twenty (20) north, 
range one (1) east of the fourth (-r) ].)rincipal meridian, and 
all v.-ithin the limits of sections thirtj'-one (ol), thirty-two (32), 
and west half uf thirtv-three (w ^ 33), fractional sonth half 
of thirty (frl S. i 30), 'south halt' of twent,y-nine (S. ^ 29), 
and south-west (juarter of twenty-eight (S. AY. \ 28), in 
township twenty (20) north, range twu (2) east of the fourth 
(i) principal meridian, Kuck Island county, Illinois, is here- 
by erected into a common school district, to be known as 
'•Cordova School District.'' 

Kunds, i;oT\- divi- >^ 2. All scliool lands, school funds, and other real or 
"'''^' personal estate, notes, bonds or obligations belonging to 

township twenty (20) north, range two (2) east of the fourth 
(•i) principal meridian, Kock Island county, Illinois, held or 
owned for school purposes, shall be divided between the 
Cordova school district and the portion of the township 
without the same, in the proportion and numner following : 
the school trustees of said township shall, within thirty days 
after the first election contemplated by this act, api:>oint one 
commissioiier, and the board of education hcreinafier named 
shall appoint one commissioner, who are freeholders, one a 
resident of said Cordova school district, the other of said 
township without the school district, who, after being sworn 
well and truly to discharge their duties, shall ascertain the 
whole number of persons under the age of twenty-one years 
residing in the whole of said township ; then ascertain the 
whole number under twenty-one years of age residing in 
said Cordova school district, within said township, which 
will show tlie number of persons within the liuiits of that 
part of said scliool district within the township, and the 

Appoi-tiomnc-nt number in the township outside 'v>f said district; and there- 
.jffund. \\r)OVL said trustees shall divide and apportion said funds, 

real and personal estate, l)onds, notes and obligation.s of 
said tovrnship, between the Cordova school district and the 
tovvHisliip without the district, according to the above named 
enumeration of persons under tJie age of twenty-one years 
residing in said township. Said trustees and board of edu- 
cation shall have power to supply any vacancy occurring 
among said commissioners. 

District fund. ,^ 3. Said trustcos, or other ])crson or persons having 

custody or cuitrol of said funds or lands, shall pay over and 
deliver to the board of education of Cordova school district, 
the portion of the funds and other personal estate, notes, 
bonds and obligations, to which the school district may be 
entitled, and execute and deliver to the board of education 



SCHOOLS. 275 

the necessary deeds and other conveyances for the share of 
real estate due said district under said division. 

§ 4. The public schools of said district shall be under Board of educa- 
the exclusive management and control of a board of educa- 
tion, to consist of six (6) persons. The board shall at their 
first meeting elect one of their number president, one secre- 
tary, and one who is not a member of the board, treasurer, 
who shall give bonds with approved security, for all moneys 
put in his custody, and pay the same upon the properly au- 
thenticated orders of the board of education. Thus organ- 
ized, they shall be known as "the board of education of the 
Cordova school district."' 

§ 5. Said board shall have exclusive control over the control of funds 
school lands, funds and other means of said district for 
school purposes, and shall have full power to do all acts and 
things in relation thereto to promote the end herein de- 
signed ; may sell or lease said lands, and other lands or pro- 
perty which may have been or may hereafter be donated, 
purchased or designed for school purposes in said district, 
on such terms, for cash or credit, and at such times as they 
may see proper. They shall have full power to receive con- 
veyances or donations, and to make the necessary deeds or 
leases for lands ; and all conveyances by the board shall be ' 

signed and acknowledged before some competent officer by 
the president and secretary of said board : Provided^ how- Proviso. 
ever^ that no sale or lease of land for more than one year 
shall be made without the concurrence of five members of 
the board. A majority of the board, with or without the 
president, shall constitute a quorum for the transaction of 
business, and in the absence of the president they may ap- President pro 
point one of their own number president pro tempore. The 
president shall only vote in case of a tie, when he shall have 
a casting vote. 

§ 6. Said board shall have full power to purchase or ^^J°^g^'*®^ ^^'^ 
lease sites for school houses, with the necessary grounds 
therefor; to erect, hire or purchase buildings for school 
houses, and keep them in repair ; to furnish schools with 
necessary books, fixtures, furniture, apparatus, and library 
or libraries ; to establish, conduct and maintain a system of Grades of 
public graded schools, to be kept in one or more buildings 
in said district; to supply the insufficiency of school funds 
for the payment of teachers and other school purposes and 
expenses, by school taxes to be levied and collected as here- 
inafter provided ; to determine the number and qualifica- 
tions of teachers ; to give to the same certificate of grade, 
upon a satisfactory examination; to make the appointment 
and fix the amount of compensation of teachers within said 
district, and of all other agents and servants : Provided^ Proviso. 
that the board of education shall in no case receive any com- 
pensation for their ordinary services as officers over the 
schools in said districts ; to prescribe the studies to be taught 



276 SCHOOLS. 

and books to bo used in said schools, includino; maps, charts, 
globes, etc. To pass by-laws, rules and reo-ulations to carry 
these powers into complete execution, and for the govern- 
ment of their own body, their othcers, asrents or servants ; 
and providing for their meetings and adjournments, and 
generally to have and possess all the rights, powers and au- 
thority necessary for the proper establishment and control 
of an effective system of graded schools within said district ; 
and they shall visit and inspect each and all the schools 
therein as often as may be necessary. 

§ T. It shall be the duty of the board of education to 
determine the amount of money needed and to be raised for 
school purposes, over and above the amount from the school 

prorisc. funds hereinbefore mentioned, or from other sources : Pro- 

schooi tax. videcl^ said board shall not for any one year require to be 
raised more than two per centum for the benefit of said 
schools on the assessed value of the real and personal pro- 
perty of said district for such year, without a majority of the 
inhabitants of said district authorize them to do so at an 
election to be held for that purpose, at such time, and con- 
ducted in such manner as the board may direct ; nor shall 
said board make any loan whatsoever for school purposes, 
or for purchasing or leasing grounds, or leasing or erecting 
buildings for school purposes, without a previous authority 
by such vote ; but with the concurrence of a majority of 
such voters it shall be lawful to raise such sum, either by 
taxation or loan, as may not exceed in any one year, as a 
1ax, two per centum, or as a loan, eight per centum of all 
the real or personal property of said district ; and before the 
first daj^ of September of each year they shall determine the 
amount required to be collected by taxation for expenditure 
for one year from the first day of October then next ensuing, 
for school purposes generally, and certify the amount to the 
county clerk of Hock Island county. 

LeTyoftax. ^^ 8. It shall thereupon be the duty of the county clerk 

to \q\\ said sum on all the real estate and personal property 
of said district according to the assessment and valuation 
thereof for the current year, equally, by a certain rate per 
centum, and collect the same as other taxes are collected; 
and when said taxes are collected they shall be used and ap 
plied f )r school purposes only, and shall be paid only on 
the order of said board. 

Abstract of ^ 0. It shall bc tlic duty of the board to cause an ab- 
stract of the v.diole number of children under the age of 
twenty-one years within said district to be made and fur- 
nish tlie same, with such further information as is. re- 
quired in sections thirty-six and seventy-nine of the act to 
establisli and maintain a system of free schools, approved 
February IG, 1857, to the school commissioner of Rock 
Island county, Illinois, within ten days after tlie same shall 
have been ascertained ; and the school commissioner shall 



chiliiren. 



SCHOOLS. 277 

pay annually to the said board, for the exclusive use of said 
district, the amount the district is entitled to receive from 
the funds that are or may be in his hands subject to distribu- 
tion for the support and benefit of the schools in said coun- 
ty, in accordance with the provisions of the free school law 
now in force, the same as if no special charter had been con- 
ferred upon the schools of Cordova school districl. 

§ 10. 'No person shall be^ member of the board of edu- Members of 
cation unless he be a householder and freeholder, and a resi- ^°^'^' 
dent of said district ; said board to be elected annually, on 
the first Monday of August, as hereinafter provided. The First election. 
first election shall be advertised by the directors by posting 
six or more written notices in the most public places of said 
district, at least ten days prior to said first Monday in Au- 
gust. Said notices shall state where, the election is to be 
held, the object of holding the same, and the hour of opening 
and closing the polls ; at which election the directors, or a 
majority of them, shall act as judges. There shall be at Terms of mem- 
said election six persons chosen, qualified as before men- ^"' 
tioned, as members of the board of education, two of whom 
shall serve for one year, two for two years, and two for three 
years, which shall be decided at the first meeting of the ^ 

board by drawing lots, and at every annual election there- ' 

after there shall two members be chosen to serve for three 
years from the date of their election. It is provided that in vacancy, how 
case of death or removal of a member of the board from the ^^^^^' 
limits of said district, their office shall be vacant, and said 
vacancy shall be filled for the said unexpired term by ap- 
pointment by the board of education. All ofiicers under ' ' 
this act sball hold their offices until the election and qualifi- 
cation of their successors. 

§ 11. Said board shall cause all funds not needed for Funds loaned, 
immediate use to be loaned at the rate of ten per cent, per 
annum, payable semi-annually, in advance. No loan shall 
be for a longer period than five years, and if exceeding one 
hundred dollars shall be secured by unincumbered real es- 
tate of at least double the value of the loan, without estima- • 
ting perishable improvements. For any sum of one hun- 
dred dollars or under, good and satisfactory perso*nal secu- 
rity may be taken. ^ 

§ 12. All notes and securities shall be to the board of Notes, how made 
education, for school purposes, and the borrower shall be at 
all expenses of examining titles, preparing and recording 
papers, etc. 

§ 13. In settling the estates of deceased persons, debts school debts pre- 
fer school purposes shall be preferred to all others except ^^"'^*^* 
'those attending the last illness of the deceased and his fune- 
'ral expenses, excluding the physician's bill. 

§ li. If default be made in the payment of interest or of Default. 
■ principal, when due, interest at the rate of twelve per cent. 
per annum on the amount due shall be charged from the 



uieiiti 



nty. 



Aniy.-.al exhibit. 



2i ^ SCHOOLS. 

default, and may be recovered by suit. Suit may be for 
fne interest only, whether the ])rincipal be due or not ; and 
if the interest be not paid within ten days after the same 
becomes due, the principal, at the option of the holder of 
the note, shall thereby become due and may be recovered 
by suit if necessary. 

Interest onjudg- § 15. All judgmcuts for principal or interest, or both, 
shall draw interest at the rate of twelve per cent, from the 
rendition of judgment, and said board may purchase in pro- 
perty, sold on execution or decree, in their own favor, as 
other persons, with right of redemption as in other cases. 
Xo judgment for costs shall be rendered against said board 
to be paid out of the school funds. 

AJditionai secu- j< 10, If the sccurity for any loan or other debt due the 
school district, in the judgment of the board, becomes doubt- 
ful or insecure, they shall cause the debtor to be notihed 
thereof, and if he do not immediately secure the same to 
the satisfaction of the board, the principal and interest shall 
thereby become due immediately, and suit may be brought 
against all the makers of the note, although such conditions 
or stipulations be not inserted in the note. 

§ IT. The board of education shall publish annually a 
statement of the number of pupils instructed the preceding- 
year, the several branches of education pursued, the receipts 
and the expenditures of each department of the school, spe- 
ciiiying the resources of such receipt and the objects of such 
expenditures. 

Non resident >' IS. Said board shall have full power to admit persons 

scholars. ^^,|^^^ j^.^ ^^^j. pggjj,^ within said district into said schools, up- 

on such terms as they may think proper. 

Ag-r of puriis. ^ 19. All persons over the age of live years and under 
the age of twenty-one years, residing within said district, 
shall be admitted to said schools free, or upon the payment 
of such rates of tuition as the board shall prescribe, but 
nothing herein contained shall prevent persons being sus- 
] (ended, expelled, or kept out of said schools altogether, tor 
inrj)roper conduct, at the option of the said board. 

vj 'JLK The board of education of tlie Cordova school dis- 
trict shall "be considered, and they are, so far as loans, con- 
tracts, purchases and assessment of taxes are concerned, the 
legal successors of the former boards of directors of said ter- 
rit<^ry comprised in said Cordova school district, and all the 
acts of said prior directors bearing upon and connected with 
and ]>reliminary to this act, shall be and are hereby made 
legal. 

x: 21. This act to take effect and be in force from and 
after its passage. 

AiTKovED February 16, 1SG5. 



SCHOOLS. 279 

AN ACT to arc end an act entitled "An act for the establishment of a system in force April 17, 
of graded schools in the city of Gale^burg. ' 18C5. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Asseinhly^ That section 
seven, from the word '■^Provided''' in the fifth line from the Proviso. 
top of said section, be as follows, '''■Provided, said board shall Addition. 
not for any one year, require to be raised more than one per 
centum, for the benefit of said schools, on the assessed value 
of the real and personal property of said city, for such year, 
unless authorized by a majority of votes cast at an election 
ordered by said board for such purpose ; notice of such 
election and the time and place having been given in accord- 
ance with the city ordinance for elections in force at that time, 
nor shall said board or said city council, make any loan 
exceeding one thousand dollars, nor for a time longer than 
six months for school purposes, unless authorized by vote 
as aforesaid." 

§ 2. At the end of section ten add the following words, 
"Anything in the charter of the city of Galesburg, to the 
contrary notwithstanding." 

§ 3. At the end of section twenty-three, add the follow- 
ing words, "And amendment thereto." 

Apphoved, February 15, 1865. - • 



AX ACT to amend an act entitled "^n act to incorporate the directors of la force Feb. ic, 
the Napciville Graded School," in force June 13, 1863. ^^^^• 

Section 1. Be it enacted Ijy the People of the State of 
Illinois, represented in the General Assembly, That section 
nine of an act entitled "An act to incorporate the directors sec. 9 repealed. 
of the il^aperville graded school," in force June 13, 1863, be 
and the same is hereby repealed. 

§ 2. The south two-thirds of block four, in Sleight's Addition to di*- 
second addition, is hereby added to and made part ofj the ^"*'*' 
Naperville school district, in said act mentioned ; and all 
tines assessed by justices of the peace in said district, shall 
belong to and become a part of said district for school pur- 
poses. 

§ 3. This act shall be in force from and after its passage. 

Approved, February 16, 1865. 



L^SO 



SCHOOLS. 



Board of educa- 



PoTvers 
i-.rivlles-es 



In force _ when AX ACT for the cstablishmcju of a ?v.-toin of qfinJed schools, in the citv of 
city of Lincoln r ;„\ i„ 

is organized. Lmcjlii. 

Section 1. Be it enact ed hy the People of the State of 
IJlinnis, rerrresented in the General As.^^emhhj^ Tluit uli tlio 

'ri-i?'' ^^ '"*" '^^'^■'■i^^'"/' ^^'itliin the limits of tlie city ()t' Lincoln, as tlic same 
may be incorporated by the act of this j^eneral assembly, is 
hereby erected into a common school district, to be known 
as the ''Lincoln school district." 

§ 2. The public schools of said district, sliall be under 
the exclusive manao^ement and control of a bsnird of educa- 
tion, to consist of the mayor of said city, wlio shall be ex 
oflTclo^ the i:>resident of said board and one director from 
each M'ard of said city, to be known as the board of educa- 
tion of the Lincoln school district; eacli c»i whon.i, with the 
clerk and treasurer of said board, shall be sworn to discharge 
''■^ his duties with iidelity. The said board of education shall 
have the same powers and privileges and be subject to the 
same liabilities, as trustees of townships and school districts 
by the general school laws of this state, so far as the same 
are not inconsistent v\-ith the jirovisions of this act. A ma- 
jority of the directors, with or without the jiresident sliall 
constitute a quorum for tlio transact'on of business ; and the 
president shall vote only in case of a tie, when he sb.all have 
a casting vote. In the absence of the president, they may 
ap])oint one of their ovrn nmriber |)resident^>/r^ tempore. 

Ttva^urer of ^o^^ Tho trcasurcr of tlic city of Liucol u shall 1)^ treasu- 
rer of said board of education ; and his con.i]!ensaiion, (hities 
and liabilities as treasurer of said board, sliall be the same 
as those of tov/nship treasurers under the general scho«_>l laws 
of this state so lar as not otherwise prc^vided by this act: 

Proviso. Proiyided.^ hoioever., that if tiio said ti'C.-isurer sliall tail or 

refuse to give bond in the amount required l)y said boai'd, 
vrith satisfactory security, to l.je aj;proved. hy thrni, the oiiice 
of treasurer of said board may bedechired vacant, aisd they 
may appoint an^- other ]'ers(_»n. (iiot a member (if said f-oard.) 
to till said vacanc}- ; which ])ei'son shall hold jiis olKce only 
for the unexpired term of tlie said city treasurer and until 
his successor shall be elected or ap|)ointed and qualitied. 

■■•lerkofioard. Tlic city clcrk of Said city of Lincoln shall be the clerk of 

ji.coid of bofu-d. the said board. It shall be the duty of the said clerk to 
])ro\-ide a book, to l)e called a journal, in which he shall le- 
cord fully and at length the acts and proceedings of the 
bourd, their orders, by-laws and resolutions, rules and I'egu- 
lations; which Ijook shall at all times be subject to the in- 
spectioTi of said l)oard or other ])ei"sons authorized l)_y this 
act, or of any committee appointed by the inhabitants of 

Payofcienc. said scho(d (listrict to examine the same. The board shall 
determine the compensation of said clerk; and ma.y require 
him to give Ijoud in such reasonable sum as they see proper, 
and may require, by bydaws, or ordinance, or resolution, the 



SCHOOLS. ' 281 

aforesaid officers to discharge such other duties as may, from 
time to time be deemed expedient. 

§ 4. The board shall be elected by all the qiialiiied voters Election of 
of said school district; the qualifications of electors to be °^^ ' . 
the same as electors under the charter of said city of Lin- 
coln ; but one director shall reside in each \vard of said city 
and shall be householder and freeholder thereof. The said Terms of mem- 
directors shall hold their offices fur two years from the day 
of their election and until their successors are elected and 
qualified, except that one-half of the lirst board elected 
under this act shall retire from office at the expiration of the 
first year from the election of the municipal officers of the 
said city of Lincoln, under the act incorporating tlie same; 
and one-half, at the expiration of the second year; the mem- 
bers elect to draw lots for their several times of service at 
their first meeting after their election. At the first election 
mider this act, all of said directors shall be chosen, and at 
each election thereafter, successors to the directors whose 
terms are about to expire. 

§ 5. It shall be the duty of the city council, within thirty Eieetion for 
days after the first election under the charter incorporating school directors 
the city of Lincoln, to order an election for school directors 
under this act, to "appoint the time and place of holding an 
election therefor in each ward of said city, and to appoint 
the election of officers and the time of opening and closing 
the polls, giving the same notice thereof as is required by 
tlie provisions of said charter for the election of the muni- 
cipal officers of said city ; which said election shall be con- 
ducted and returns made thereof, in the same manner as 
required by the provisions of said charter. An election Annual election. 
shall be held annually thereafter, at the same time and 
places for holding general elections for the municipal officers 
of said city, for the election of directors to fill the vacancies 
occurring in said board. The time and manner of opening, 
conducting and closing said election, the notice to be given 
thereof, and the several liabilities appertaining to the judges 
and clerks, shall be the same as prescribed by the charter 
of said city. Said board shall be the judge of the election Judges of eiec- 
and qualification of its own members, and in determining ^°°' 
the same, shall be governed by the provisions of said char- 
ter. Liemoval from his ward and not out of said city, by 
any director, shall not vacate his office; but whenever any 
vacancy shall occur by death, removal or resignation, the 
city council shall supply the same by appointment, upon 
notice fro n said board; but the person so appointed to fill 
such vacancy shall reside in the ward where such vacancy 
exists, shall be a householder and freeholder thereof, and 
shall hold his office only for the unexpired term and until 
his successor shall be elected and qualified. 

§ 6. Said board shall have exclusive control over the control of school 
school lands, funds and other means or property of said dis- p'^^p^'^^- 



2S2 



SCHOOLS. 



trlct, and shall have full i^iowcr to (Lj all acts and thinn:sin re- 
lation thereto, to prouiote the end liercin desii!;ned; iriaj sell 
or lease said hnids, or other lands or properry, which may 
have been or may hereafter bo donated, purchased or de- 
signed for school pr.rposos in said district, at such tiuies and 
on snch terms, for cash or credit, as thev see proper: Pro- 
vhhd, Ji(nrcvei\ that no sale of land or property shall be 
made, exeei)t to tlie highest bidder, at public sale, npon due 
notice given of said sale, by publication ibr the space of 
tweiity days, in somenev.-ppaper pul)lished in said citv. They 
siinll have full power to receive conveyances or donations 
and to make the necessary deeds or leases for lands; and 
all conveyances by the i)oard shall be signed and acknow- 
leged before some coinjietent otlicer, by the president and 
School houses clerk of said board. They shall have full i)ower to pur- 

and sites. •, • i- ^ ^ ^ " • i i i 

ciiase Sites t'jr school Jiouses, with the n.ecessary g-rounas 
therefoi', in any part of said school district ; to erect or pur- 
chase i)uiidiiigs for school houses and to f:eep them in re- 
pair ; to furnish schools with necessary books, rixtiires, fur- 

Gradej schools, niturc, ap])aratiis, library or libraries ; to establish, conduct 
and maintain a system of public graded schools, to be kept 
in one or more buildings in said school district; to supply 
the insufiiciency of school funds for the payment of teachers 
and other school purposes and expenses, by school taxes, to be 
levied andcollected as hereinafter ])royided ; to determine the 
number, make the appointment andtix the amount of compen- 
sation, of teachers in said district and to contract for the same : 
Provided^ that the directors shall in no case receive any 
compensation for services as directors; to prescrii.ie the 
studies to be taught, and the books to be used in said schools, 
including maps, charts and globes, etc.; to lay off and divide 
said district into smaller districts, and ti) alter the same and 
erect new ones at pleasure ; to pass by-laws, rules and regula- 
tions to carry these powers into com])lete execution and for 
the government of their own body, their ofiicers, agents or ser- 
vants ; to provide f_)r their own meetings and adjournments ; 
and generally to have all the rights, ])0\yers and authority 
necessary for the proper establishment and co!itrol of an 
effective system of grcided schools within said district; and 
they shall visit and inspect said schools within said district 
as often as may be necessary. 

Tax for school ^7. It shall 1)0 tlio dut'v of Said board, and thev shall 
iu'iv<i lull power, to determine the amount ot money iieeded 
and to be j'aised f >r scliool ])urposes over and above the 
amount ac-cruing oj- to be realized from the scliool funds of 

Proviso. .said di.->tricr, or from other sources: Provided^ said board 

shall not, lor any one year, require to be raised, more than 
one per c(;nt. Ibi' the Uenelit of said schools, on the assessed 
value of th(i real and ])ersonal pro])erty of said district for 
such year, without a majority of the legal voters of said 
district voting at an election to be held for that purpose. 



SCHOOLS. 283 

authorize them to do so ; nor shall said board make any loan 
"whatsoever, for school purposes, without previous authority 
by such a vote ; but vi^ith the concurrence of a majority of 
the voters voting at such an election, it shall be lawful to 
raise such sum, either by taxation or loan, or both, as said 
board may see proper : And, promded, jf'urihe?^ that the sum 
to be borrowed in one year shall not exceed three per cent, of 
the taxable property of said district, as assessed for the 
previous year, nor the tax to be levied in any one year for 
building school houses or repairing or improving the same, 
or purchasing school sites, exceed two per cent, of said taxa- 
ble property ; and said directors may exercise either or both 
the powers above mentioned, within the limits aforesaid, as 
they may be authorized by a vote of the inhabitants, in 
manner aforesaid. 

§ 8. It shall be the duty of said board, before the first Amount of tax 
day of September in each year, to determine the amount 
necessary to be raised by taxation, for expenditure for school 
purposes, for one year from the first day of January then 
next ensuing ; they shall then find what rate per cent, this 
amount will require to be levied ; which rate, together with 
a list of the resident tax payers, shall be certified and re- 
turned to the clerk of the county court, on or before the - 
second Monday of September; and the same shall be ex- 
tended by the county clerk upon the books of the county 
collector, and shall be collected in the same manner as other 
district school taxes of said county ; said taxes when collec- 
ted, shall be paid over to the treasurer of said board, who 
shall keep an account of the same, and they shall be used 
and applied only for school purposes, and shall be paid out . 
only on the order of the said board. 

§ 9. It shall be the duty of the board to cause an ab- Abstract of 
stract of the whole number of wdiite children under the age '=^'^'^^^°' 
of twenty -one years within said district to be made, and fur- 
nish the same, with such other information as is required in 
sections thirty-six and seventy-nine, of the act to establish 
and maintain a system of free schools, as amended Februa- 
ry 22, 1861, to the school commissioner of Logan county, 
wdthin ten days after the same shall have been ascertained ; 
and the said school commissioner shall pay annually, to the school fund. 
treasurer of said board for the exclusive use of said district, 
the amount said district is entitled to receive from the funds 
that are or may be in his hands, subject to distribution, in 
accordance with the provisions of the school law now in 
force, the same as if no special charter had been conferred 
upon the schools of said city of Lincoln. 

§ 10. The board of education are hereby vested with boitow money, 
full power to borrow such sums of money, being subject to 
the restrictions contained in the seventh section of this act, 
as they may deem necessary for school purposes in said dis- 
trict, at a rate of interest not exceeding ten per centum per 



iSi 



SCHOOLS. 



privileges. 



anniiiii, payable at such ]^lace as may be agreed r.pon, and 

Contracts. execute their boiids 01' obligatioiis therefor; and shall like- 

wise have full power to purchase or lease sites or grounds 
ior the erection of buildings for school purposes upon credit, 
and execute, in their om'u names, contracts, bonds or obli- 
gations for the payment of the same ; and all such contracts, 
bonds or obligations, mentioned in this section, shall be 
signed by the president and clerk of said board and regis- 
tered by the treasurer, and shall be binding upon said dis- 
trict ; and it shall be the duty of the said board to provide 
for the payment of the same and the interest thereon as it 
becomes dv.ei and no vote of the inhabitants of said district 
shall be necessary to authorize said board to purchase a 
school site or sites, or to erect, locate, purchase or change a 
school building or buildings, or to levy a tax for the purpose 
of keeping open and maintaining said school or schools, dur- 
ing as many months of the year as said board may see 
proper. 
^^•^ § 11. The said board of education shall be a body cor- 
porate and politic, and by that name may sue and be sued 
in all courts and places whatever. They shall be liable for 
the payment due teachers, and all other agents, officers or 
servants whom they may employ, and for all del)ts legally 
contracted by them ; and the method of enforcing the col- 
lection of judgments and executions against them, shall be 
the same as that prescribed ])y the forty-ninth section of the 
act to establish and maintain a system of free schools, ap- 
proved February 22, 1S61, as far as the same is not other- 
wise inconsistent with the provisions of this act. 

FuR(i3 may be ^ 12, Said board shall cause all funds not needed for 
immediate use, to be loaned at the highest rate of interest 
practicable, not exceeding ten per cent, per annum, payable 
semi-annually in advance; and all notes and securities shall 
be to the board of education, and in relation thereto, the 
provisions of tlie act of February 22, 1S61, as contained in 
the lifty-seventh, iifty-eightli, fifty-ninth, sixtieth and sixty- 
lirst sections thereof, shall be extended ; the board of edu- 
cation luiving the same powers, duties and ])rivileges as the 
board of trustees mentioned in the aforesaid sections of said 
act. 

Annual state- ^ 13. The board of education shall publish annually a 
statement of the number of pupils instructed the preceding 
year, tlie several branches of education pursued, the receipts 
and expenditures specifying the sources of such receipts, 
and the objects of such expenditures. 

Raf- of tuition. ^ 14. AH free white persons over the age of five years and 
under the age of twenty-one years, residing within said dis- 
trict, sliall be admitted to said schools free or upon the pay- 
ment of such rates of tuition as the board shall ]irescribe ; 
and said board shall have full power to admit i)ersons 
who do not reside witliin said district into said schools, 



SCHOOLS. 285 

upon such terms as they may see proper; but rothing 
herein contained shall prevent persons being suspended, ex- 
pelled or kept out of said schools altogether for improper 
conduct. • 

§ 15. All school lands, school funds and other real and school property, 
personal estate, notes, bonds or obligations belonging to ^^ dmded. 
township 20 north, and range 2 west, of the 3d p. m., and 
township 20 north, and range 3 west of the 3d p. m., in 
Logan county, Illinois, held or owned for school purposes, 
shall be divided between the city of Lincoln and the por- 
tions of the said townships without the same, in the propor- 
tion and in the manner following, to-wit: The board of 
education of said district, and the boards of trustees of said 
townships shall, within thirty days after the first election of 
directors contemplated under this act, shall appoint each 
one commissioner, a freeholder, who, after being sworn well 
and truly to discharge their duties, shall ascertain the whole 
number of white persons under the age of twenty-one years, 
residing in the whole of each of said townships, and the 
whole number in said city, and in each of the parts of said 
city, within the resjDective townships, and report the same to ' - 
the board of trustees of the respective townships; and it shall, 
thereupon, become the duty of the said boards of trustees to :. 

divide and apportion the funds, real and personal estate, 
notes, bonds and obligations of their respective townships, 
between the city and the respective portions of the same 
without the city, according to the number of white persons 
under the age of twenty-one years residing in said townships, vacancy. 
Each body shall have power to supply any vacancy occurring 
among said commissioners ; upon said appointment being 
made, that portion of the funds and other personal estate, 
notes, bonds or obligations, to which the Lincoln school dis- 
trict may be entitled, shall be paid over to the treasurer 
thereof, and shall enure to the benefit of said district ; and 
said trustees shall execute and deliver to said board the 
necessary deeds and other conveyances for the share of the 
real estate of said district, under said division. 

§ 16. No person shall be entitled to vote at any election Right to vote. 
held in said district on the question of raising money for 
the benefit of said school, either by borrowing or by taxa- 
tion, unless he shall be a voter under the general laws of 
this state ; and, in addition thereto, shall have been a bona 
Jide resident of said district for the last thirty days immedi- 
ately preceding the day of such election, and of the ward 
in which he proposes to vote for the last ten days preceding 
the day of such election ; nor unless he shall have paid a 
tax in said district the preceding year, or shall have been 
assessed in such district for the year in which such election 
is held. ISToiice of all elections to be held under this sec- Notice of elec- 
tion and section seventh of this act, shall state the time and ^*°°" 
place of holding the same ; the time of opening and con- 



2S6 SCHOOLS. 

diictiiio- the polls; the amount proposed to be raised either 
bv borrowing or taxation, or both ; and shall be given by 
publication in some newspaper published in said city (if 
there be one,) at least ten days before the day of such elec- 
tion, and, also, by posting up similar written notices for the 
same length of time, in two of the most public places in 
-each ward of said city. The board of directors shall ap- 
point three judijces of said elections, and said judges may 
appoint one of their own number as clerk, and in case of 
the neglect, refusal or inability of any one or two of said 
judges to act, the third may a])point any one or two (as the 
case may be) of the bystanders, to act as judges ; and if all 
three of said judges appointed shall refuse or neglect or be 
unable to serve the legal voters present at the time for open- 
ing the polls, may choose three of their own number to act 
as such judges. Said judges shall be sworn before entering 
upon their duties, to execute the same, well and faithfully ; 
and shall make due return, within two days after such elec- 
tion, of the poll books of the same, duly certified, showing 
the name of ever}' person voting at any such election, and 
the number of votes cast for or against each question sub- 
mitted to vote at such election, together with the ballots to 
the clerk of said board of education ; and the same shall be 
tiled and preserved by him as evidence of the result of said 
election. If the vote of any person ottering to vote at any 
such election, shall be challenged, the judges of said elec- 
tion shall require such person to prove, by the testimony of 
two legal voters, v\'ho are known to them to be such, his res- 
idence tor the required period in said district and ward ; 
and shall otherwise show himself entitled to vote in the 
same manner as is or may 1)0 rerpiired b}' the general elec- 

Proviso. tion laws of the state : Provided,, however^ that said voter 

may make oath to his having paid taxes or having been as- 
sessed, in manner, as required by this section. 

Act ^ when re- J^ 17. This act shall be lield and deemed to be a public 
act, and upon the organization of the city of Lincoln, by 
the election of muriicii)al oflicers, under the act incorpora- 
tion of the same. This act shall become a law and be in full 
force and ell'ect, and thereupon the act approved February 
2i, l.s.Vj, entitled ''An act to establish the Lincoln school 
district shall be and become re]»ealed." 
Api'koved February 10, 1SG5. 



lit-akd. 



SCHOOLS. 2S7 

AN ACT for the establishment of a system of graded schools in Warsaw, In force April IS, 

Illinois. 16'>5- 

Section 1. Be it enacted hy the People of the State of 
Illinois^ repvesenteoi in the General AssemUy, That all the 
territory within the limits of the township of Warsaw, Han- Bounds of dis- 
cock conntj, Illinois, according to its present or future bound- 
aries, is hereby erected into a common school district, to be 
known as the Warsaw school district. 

§ 2. The care and superintendence of the common Board of educa- 
schools within said district, together with the funds and es- 
tate, both real and personal, belonging to and wdiich may be 
conveyed to said district, shall devolve npon a board of edu- 
cation for said district, and they shall have the exclusive 
management and control of said schools, and said real and 
personal funds and estate. 

§ 3. The said board of education shall consist of six Term of office. 
members, who shall be legal voters of said district, and they 
shall be elected by the legal voters of said district, and hold 
their offices tor three years from the day of their election and 
until their successors are elected, except that of the board Three classes. 
first elected under this act, two shall retire from office at the 
end of the first year, two at the end of the second year, and 
two at the end of the third ^-ear ; and the period of their 
said retirement shall be determined by lot among said mem- 
bers. 

Elections. — Am election shall be held annuallj^ at the pub- Elections. 
lie school building, on block 92, in the town of Warsaw, ac- 
cording to its recorded plat, on the last Saturday in the 
month of June of each year, at the first of which six mem- 
bers of said board shall be elected, and at each election 
thereafter there shall be elected successors to those members • • 

whose terms are about to expire, and to fill the unexpired 
terms of those members whose places in said board have 
become vacant during the year preceding by reason of 
death, resignation, or removal from said district, and said 
board of education shall have power to fill all vacancies so 
occurring until the ensuing annual election. 

Notice. — Notice of these annual elections shall be given Notice of annual 
by the clerk of said board, by posting up written notices of the 
time and place of said elections and the ofiicers to be elected 
and the questions to be determined thereat, in three of the ^ 

most public places of said district, at least ten days before such 
election is to take place; and the first election under tliis act 
shall take place in June next, and the notice therefor shall 
be given by the acting clerk of the present board of educa- 
tion for said district ; and until said first election said present 
board of education shall hold their present offices, as shall 
also their present treasurer and clerk ; and all their several 
acts shall be valid and binding, according to their present 
rules. Said election shall be conducted in the manner pro- 



Xa-.v.e of board 
ro-.vers. 



2SS SCHOOLS. 

vided for tlie election of school trustees by the act in force 
April 26. A. L). 1S59, excc])t that tlie president of said lioard 
shall be one of the judges of election, it ]n-osent ; and there 
shall 1)0 two clerks of said election, one of v/horn shall be 
P..11 books. the clerk of the bi->ard of education, if present ; and two 
poll books of said election shall be kept, one of which shall 
be hied bv the clerk of said board, and the other of which 
shall be returned hy said clerks of election to the clerk of 
Hancock county and be by him tiled in his office. 

,^ -i. Said board are hereby created a body corporate and 
politic, by the name of the ''Board of education of the War- 
saw school district," and I)y that name may sue and be sued, 
plead and be impleaded, ansv%'er and be answered unto, in 
all courts and places, and have perpetual succession and a 
connnon seal, and the same alter and change at pleasure ; 
and they may exercise all the powers that school trustees of 
townships and boards of directors of school districts gene- 
rail}' may do by any law now in force or that may be here- 
after ])assed ; and they are hereby empowered- to receive 
conveyances of real estate by their corporate name, and also 
to Convey the same by said name, and all such convej'ances 
shall be executed and acknovvdedged by the president of said 
board, and attested by its seal and the signatm-e of the 
clerk: lYovided, thiit vM such conveyances shall be autho- 
rized i)_y a resolution of said board : And, provided, further^ 
that all sales and convcj'ances of school houses and grounds 
pertaining tliereto shall be determined upon b}' a majority 
of the legal voters of said district, upon the submission of 
the (|uestion of such sale to them, at an annual election by 
said Ijoard, 

§ 5. Said board shall hold stated and regular meetings 
once in each month, the time to be designated by the rules 
of said board ; and said board may make, from time to time, 
all needful rules and regulations for their own government 
and tlie government of all officers and agents elected or ap- 
pointed Ly the board, arid for the custody, care and manage- 
ment of all the schools, school funds and school property 
belonging at any time to said Warsaw school district, and 
all such rules shall have the force and effect of ordinances 
passed by the council of a cit}-, and shall be recorded by the 
clerk of said board, an-l a copy thereof, certified by said 
clerk, under the seal of said board, shall everywhere be re- 
ceived ;is e^■idence of the passage of said rules, which shall 
be in force from their passage. 
.'.r.-uai m-etir!-. ;! ('». S;iid board sliall aunuallj', at tliclr stated meeting 
batb.v- and pay iu Julv, cicct ouc oi' their nnnibor president, who shall 
preside at tiie n/ieeting'-- of the board, if present, and per- 
form such otlier duties as may be imposed upon him by the 
rules of said board; and they shall also elect a treasurer and 
clerk, who shall not be members of said board ; and said 
treasurer shall be treasurer of the school fund of said dis- 



St"!;d me'.tiriKs. 



' oTic'.-rs. 



SCHOOLS. 289 

trict ; and they may also elect a superintendent of schools of 
said district, who may or may not be one of their own num- 
ber, and appoint such agents and committees as the necessi- 
ties of said district may seem to require, and adopt rules 
determininoj their duties and compensation ; and all such 
officers so elected shall hold their offices for one year trom 
said July meeting and until their successors are elected and 
qualified, unless sooner removed by said board for adequate 
cause : Provided^ that the members of said board shall in no 
case receive any compensation for their services as such, but 
shall render their said services for love of the cause, the 
honor of the position and the public good. 

§ 7. All actions and rights of action which have accrued mghtsof action. 
or may hereafter accrue to any persons or corporations for 
the benefit of the said Warsaw school district, are hereby 
vested in said board of education. 

§ 8. Said board of education, or a committee thereof, Qualification of 
shall examine all applicants to teach in the public schools of 
said district in relation to their qualification to teach, and if 
satisfied that said applicant is apt to teach, possesses good 
governmental qualities, is of good moral character, and pro- 
perly qualified to teach such branches as is required of him 
or her, said board shall give such person a certificate of 
qualification, signed by the president, and may revoke the 
same for gross immorality, incompetency, or other adequate - 
cause. Said board shall elect all instructors in the public 
schools of said district, and determine their duties and com- 
pensation and time of service, and may remove the same at . 
any time for adequate cause, to be determined by said board 
by a rule adopted for that purpose. 

§ 9. A majority of said board shall constitute a quorum Quorum. 
for the transaction of all business. It shall be the duty of Abstract of 
said board to cause an abstract of the whole number of '=^^*^'®°* 
white children under the age of twenty-one years, within 
said district, to be furnished with such further information 
as is required in sections 36 and 79 of this act to establish 
and maintain a system of free schools, approved February 
16, A. D. 1857, to the school commissioner of Hancock 
county, within ten days after the same shall have been as- 
certained ; and the school commissioner shall pay annually 
to the treasurer of said board, the amount said district is 
entitled to receive from any funds that are or may be in his 
hands, subject to distribution for the support and benefit of 
schools in said county, in accordance with the provisions of 
all laws that have been or may be passed, the same as if no 
special charter had been conferred upon said Warsaw school 
district. 

§ 10. Said board shall have full power to purchase or School booMs 
lease sites and necessary grounds for school houses; to erect, 
hire, purchase, finish and keep in repair sufficient buildings 
for school purposes ; to furnish schools with necessary books, 
— *20 



schools 



290 SCHOOLS. 

fixtures, farnitnre, apparatus and libraries ; to establish and 
maintain a system of public graded schools in said district ; 
and to prescribe the studies to be taught, and the books to 
be used therein ; to pass by-laws and rules to carry these 
powers into complete execution ; to supply the insufficiency 
of school funds for payment of teachers, and other school 
purposes and expenses, by school taxes, to be levied and 
collected as liereinafter provided. 
support ^11. It shall be the duty of said board, and they shall 
have full power to determine the amount of money needed 
to maintain the public schools of said district, free to all the 
children therein ; and for paying all expenses of the 
same, of every description, for each school year, over and 
above the amount of money from school funds and all other 
sources ; and they shall designate the same school tax, and 
it shall, in like manner, be the duty of said board, and they 
shall have full power to determine the amount of money 
needed at any time for the purposes of purchasing, leasing 
or improving grounds for school purposes, or for purchasing, 
leasing, building, finishing, repairing, improving or insu- 
ring school houses, or for procuring furniture, libraries or 
apparatus therefor ; and they shall designate the same 
school house tax ; and it shall be the further duty of said 
board, at any meeting prior to the second Monday of Sep- 
tember, annually, to ascertain the rate per cent, upon the 
assessment of property in said township, for state and town- 
ship purposes for that year, needed to be levied to raise the 
at:iount of school tax determined upon, and what rate per 
cent, upon the same will need to be levied to raise the 
amount of school house tax determined upon, which rate or 
rates per cent., respectively, the president and clerk of said 
board shall certify, under the seal of said board, and make 
return thereof to the clerk of Hancock county, on or before 
the 2d Monday of September, annually; and it shall be the 
duty of said clerk to extend the said tax or taxes in one 
column under said name of school tax, according to said 
rate or rates upon the collector's books for that year for said 
tovrnship of Warsaw, or said Warsaw school district ; and 
the said taxes shall be collectable as other taxes are or may 
be ; and the township collector shall pay over such school 
tax and school house tax to the treasurer of said board, 
at or before the time for him to return his books ; and all 
delinquent taxes collected, or redemptions made from tax 
sales, shall, to the extent of said taxes and the redemption 
made thereon, be paid over to the officers receiving the same, 
to the treasurer of said board on demand. 
Eecord of board § 12. The clork of said board shall keep a record of all 
its ])roceedings, and have custody of the seal, and attest, 
with his signature and the seal of the board, all official 
acts authorized by the board, and signed by the president, 



SCHOOLS. 291 

and perform such other duties as may be imposed upon him 
by the rules of said board. 

§ 13. The treasurer elected by said board shall, before Treasurer's bond 
entering upon his duties, execute a bond, with two or more 
freeholders, who shall not be members of the board, as 
securities, payable to the board of education for wdiich lie is 
elected treasurer, with a sufficient penalty to cover all liabili- 
ties w^hich may be incurred, conditioned faithfully to perform 
all the duties of treasurer of said board according to law, 
and the securities shall be approved by a majority of said 
board, and the bond shall be hied and kept by the clerk of 
said board ; each treasurer so elected shall have custody of 
all bonds, notes, mortgages, moneys and effects, denominated " 
principal, as well as all scliool moneys and funds for distri- 
bution belonging to said Warsaw school district, and the 
said penalty of said treasurer's bonds shall be twice the 
amount of said bonds, mortgages, notes, moneys and effects., 
as near as can be ascertained, which bonds shall be in the 
following form : 

STATE OF ILLINOIS,) . Form of bond. 

HANCOCK COCXTY. ) 

Know all men by these presents, that we, A B, C D, and E F, are held and 
firmly bound, jouitly and severally unto the board of education of the Warsaw 

school district, in the penal sum of dollars, for the payment of 

which we bind ourselves, our heirs, executors and administrators, firmly by } 

these presents. In witness whereof we have hereunto set our hands and seals, 

this day of 18 — , the conditions of the above obligation is 

such that if the above bounden A B, treasurer of the board of ediication of 
■the Warsaw school distriet aforesaid, shall faithfully discharge all the duties 
of said office according to the laws that now are or may hereafter be in force, 
and the rules of said board, and shall deliver to his successors in office all 
moneys, books, papers, securities and property in his hands as such treasurer, 
then this obligation to be void, otherwise to remain in full force and effect. 

§ 14. Said board of education shall have power to pre- Treasurer's 
scribe the mode of keeping the treasurer's books, and make ^°°^^' 
such rules regulating the conduct of his office of treasurer 
as they may deem proper, not inconsistent with this act. 

§ 15. Said treasurer shall loan all moneys which may Funds to be 
icome into his hands by virtue of his office, except such as '°^"^''' 
;may be subject to distribution or applicable to some other 
special purpose upon the following conditions : the rate of 
interest shall be ten per cent, per annum, payable every 
;four months in advance, the time for which loans shall be 
|made, shall not be less than six months nor more than five 
years. For all sums not exceeding one' hundred dollars, 
loaned for not more than one year, two responsible sureties 
shall be given for all sums over one hundred dollars, and for 
'all loans for more than one year security shall be given by 
'mortgage or deed of trust on unincumbered real estate, in 
■value double the amount loaned; and in case improvements 
are included in said valuation, said improvements shall be 
insured to the amount of said loan, and the policy of insu- 



292 SCHOOLS. 

rancG assigned to said board as collateral security, and all 
such moi'ti2;ages or deeds of trust shall be conditioned that 
in case additional security shall at any time l^e required by 
said board, the same shall be given to the satisfaction of 
said b(~)ard. Xotes, bonds, mortgages and other securities 
taken lor money or other property due or to become due to 
said board, shall be payal)le to said board by their corporate 
name, and in such name every description of legal and equi- 
table proceedings may be had for the recovery of money for 
breach of contracts, and for eyery legal and equitable liability 
-^diich may at any time arise or exist, or upon which a right 
of action shall accrue to the use of this corporat on : Provi- 
ded^ that notes, bonds, mortgages and other securities which 
are payable to the city of Warsaw for the use of the War- 
saw school district, shall be valid to all intents and purposes, 
and suit nuiy be brought on the sanie in the name of said 
board of education : And. irfovidcd., further^ that if at any 
time any portion of the ])rincipal of said school fund shall 
remain in the hands of said treasurer for the space of three 
months unloaned by reason of inal>ility on the part of said 

Funds loaned, treasurer to safely loan the same at ten per cent., then said 
board may, by unanimous resolution, authorize said treasu- 
rer t< ) loan said portion of said principal for six months only 
at a time, for such less rate of interest than ten per cent., as 
said board may unanimously agree upon ; or said board may 
order said portion of said principal to be invested in interest 
bearing securities of the United States, until such time as 
the same can be loaned for ten per cent. The wife of the 
mortgagor, (if he has one,) shall join in the mortgage or 
deed of trust given to secure the payment of the money 
loaned by virtue of the provisions of this act, and if given 
upon a homestead, said homestead right shall be released 
and y^aived in favor of said board of education. 

Mnrtga^e? to =e- c< 10. ZuortgEgcs or dccds of trust to secure the payment 

cureiunu. ^^^^ moucy loaned under the provisions of this act, may be in 
the form prescribed by the fifty-eighth section of "An act to 
estaljlish and maintain a system of free schools," approved 
February 10, a. d. 1857, and shall be recorded and acknow- 
ledged as is required b}^ law for other conveyances of real 
estate, and the mortgagor shall pay the expenses of acknow- 
ledging and recording, and fifty cents as a fee to the treasu- 
rer of said board ; but mortgages in any other form to secure 
])ayme)it as aforesaid shall be valid, as if no form had been 
prescribed ; and upon breach of any condition or stipulation 
contiuned in any of said mortgages or deeds of trust, an 
action may be maintained and damages recovered as uj)on 
otlier covenants, and the same may be foreclosed in equity. 

wiK.Ti ariditionai % IT. Whenever said l)oard sh;dl require additional 

'ruir-d.^ ^'"' ■'security to l>e given for the ])ayment of money loaned, and 

such security shall not be given, the clerk of said board shall 

notify said treasurer of said requirement, and said treasurer 



SCHOOLS. 293 

shall cause suit to be instituted for the recovery of the same, 
and all interest thereon to the date of judgment. In the pay- 
ment of debts by executors and administrators debts due or Prefen-ea debts. 
to become due to said board, shall have preference over all 
other debts, except funeral and other expenses attending 
last illness, not including physician's bill ; and it shall be the 
duty of said treasurer to attend at the probate ottice upon 
the proper day and have such debts probated and classed to 
be so paid. 

§ 18. If default be made in payment of interest upon or Default of intei- 
principal of money so loaned by said treasurer, interest at 
the rate of twelve per cent., per annum, shall be charged 
upon said principal and interest from the day of default, 
and included in the judgment given or decree rendered in 
any suit brought to recover principal and interest or interest 
only ; and said treasurer is hereby empowered to bring all 
needful actions in the corporate name of said board for the 
recovery of the interest payable once in four months in 
advance, and all other interest, without suing for principal 
in wuatever ^vay secured; and justices of the peace shall 
have jurisdiction in all such cases of all sums of one hun- 
dred dollars and under; and- all judgments given or decrees 
rendered for school funds so loaned by said treasurer, shall 
bear interest at rate of six per cent., per annum, from date 
of such judgment or decree. 

§ 19. At the stated meetings of said board in April and Annual state- 
October of every year, the treasurer shall lay before the surer. 
board of education a statement, showing the amount of 
interest, rents, issues, prolits or losses, and proceeds of spe- 
cial taxes that may have accrued or become due, and the 
amount of same that has actually come into his hands since 
the last half yearly meeting on all the property of said 
W"arsaw school district ; he shall also lay before said board 
all books, notes, bonds, mortgages, and all other evidence 
of indebtedness belonging to said school fund for examina- 
tion by said board at said half yearly meetings, and make 
such other statements and exhibits from time to time as said 
board may require touching the duties of his office and 
loans and securities. 

§ 20. It shall be the duty of said treasurer to use dili- 
gence in keeping said school fund loaned at interest, and in 
case of failure or refusal to perform all the duties of treasurer 
required by law, he shall be liable to said board, on his bond, 
to be recovered by said board in an action of debt in their 
corporate name for the use of said school fond, before any 
court having jurisdiction of the amount of damages claimed: 
Provided^ that if said treasurer in any such failure or refusal, 
acted under and in conformity with a requisition, rule, or 
order of said board, entered upon their records, then the 
members of said board voting for said order, rule or requi- 
sition, and not the treasurer, shall be liable jointly and sev- 



be distributed. 



294 SCHOOLS. 

orally to the iuli:i1>ira!its of said "Warsaw scliool district, to 
be recovered by action of assumpsit in the oiticial name of 
said board. 

Treasurer to de- § :21. AVlion a trcasurcr shall resign, remove from said 

fund's!'"''^' ''"'^ district, or 'le removed from said ottice, and at the expiration 
of his term of (.'tiice, he shall par iiver to his snecessor in 
office all moneys on hand and dehver over all books, notes, 
bonds, morto-aLi'es and other securities for money, and all 
papers and documents of every description in which said 
board may have any interest whatever, within his care, cus- 
tody or control; and in case of death of said treasurer, his 
securities and legal representatives shall be bound to comply 
with tlie provisions of this secticin, and tor non-compliance 
he and they shall be liable to a penalty of not less than one 
hundred dollars, at tlie discretion of the court, before which 
judgment may be obtained ; and the obtaining and payment 
of said judgment shall in nowise discharge or diminish the 
obligation of his official bond. 

Interest alone to ij '22. Xo ])art of tlic principal of said school fund shall 
ever be distributed or expended for any purpose whatever, 
but shall be loaned out and held to use, reiit or profit, as 
provided by law; and if in any year there sliall be any 
interest or other funds on hands v%'hich shall not be required 
for distribution, such amount may, by a vote of said board, 
be declared principal, and forever after loaned as aforesaid, 
or tlie same nniy by like vote of said board be expended for 
a|)p:iratus or liliraries. 

Money, ho^- paid v< 23. Scliool fuuds collectcd from taxes levied as herein- 
before provided, or from sale of pi'operty belonging to said 
district, other than pro])e]-ty IjiUight or taken in payment or 
satisfaction of loans of ])rinc!pal of scliool fund, and all 
monevs and school funds lia1)le to distribution, or coilected 
for special purposes, not Ijciiig principal, paid in to said 
treasurer, or coming into iiis haiids, shall be paid out only 
on the order of the board, signed b}' the president and 
attested by the signature of the clerk of said board; and for 
all payments made, rcceii)ts shall be taken and tiled by said 
clerk, and said orders and reeeij^ts shall show the purposes 
f 'rwliich and on what account said orders were drawn; and 
the treasurer, upon ])ayment f»f all orders shall take them 
up, cancel them and iile them in his office. 

t$ 2-i. a'Vll acts and parts of acts relating to said "Warsaw 

school district inconsistent M'ith this act are hereby repealed. 

,' 25. This act shall be deemed a public act, and may be 

read in evidence without ]»roof, and judicial notice shall be 

taken thereof in all courts and places. 

ArriiovKD February IG, 1S05. 



out. 



SCHOOLS. 295 

AN ACT to incorporate the Kankakee School Dibtrict. in force Feb. 16, 

1S65. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the G-eneral Asse^nbly, That the terri- 
tory embraced within the limits described as follows, to wit : Name and limits 
Commencing at the south-west corner of fractional section tric^^"^"^ ^^^' 
number thirty-one, in township number thirty-one north, 
of range number twelve east, in Kankakee county ; thence 
running north to the north-west corner of said section ; 
thence east to the center of section number thirty-three, in 
said township and range ; thence south to the south side of 
said township ; thence to the north and south line of the 
center of section number four, in township number thirty 
north of range number thirteen west, in said county ; and 
thence south to the Kankakee river; thence down said river 
to a point where the north side of fractional section number 
eight, in said last-mentioned township, strikes said river; 
thence west along the north sides of said section number 
eight and section number seven, to the west side of said 
last-mentioned township; and thence north to the north- 
west corner thereof; and thence west to the place of begin- 
ning, shall constitute a school district, to be known as the 
Kankakee School District. 

§ 2. The government of said school district shall be Board of ednca- 
vested in a board of education, to be composed of six per- 
sons, to hold their offices for three years, and until their 
successors are elected and qualified ; and the said board of 
education are hereby declared a body politic and corporate, 
by the name and style of "The Board of Education of the Name and style. 
Kankakee School District ; " and by that name may sue Powers. 
and be sued, and receive the title to real estate conve^^ed to 
the said school district, and sell and convey real estate belong- 
ing to the said board or said district ; and all school houses, 
property and real estate belonging to the school districts em- 
braced within said school district, is hereby conveyed and 
vested in the said board of education, in fee simple ; and the 
said board of education are hereby made the successors of 
the diiectors of all schools of the school districts merged in 
or embraced within the limits of said district ; and all docu- 
ments, contracts, indentures, or instruments in writing, 
made or issued by said board, shall be signed by the presi- 
dent thereof, and attested by the clerk thereof. 

§ 3. On the first Monday of August, a.d. 1865, there Election. 
shall be elected, by the electors of said school district, six 
persons to constitute said board of education ; and upon 
their first meeting, they shall cast lots for their respective 
terms of office : two to serve one year, two to serve two classes. 
years, and two to serve three years ; and on the first Mon- 
day of August, annually, thereafter, there shall be elected 
by said electors of said school district, two persons as mem- 
bers of said board of education, and also, persons to fill any vacancies 



'296 SCHOOLS. 

vacancies iu said board for unexpired terms, when they 
Place of election occiu'. Ten davs' prcvious notice of such elections shall be 
given by the clerk of said board, by posting up tive notice? 
of the time, place and purposes of such election, in the 
most" public phices in said school district. Said elections 
shall be held at the court house in said school district, and 
■^tuisfs of eiec- gl^^n \^q \-,y ballot. The president of said board, and one 

lion, « A^ J 

member thereof, shall be judges of such elections, and the 
clerk of said board shall be clerk of such elections ; but 
if any of said officers shall tail to attend, or refuse to act, 
the electors assembled shall, viva voce, choose persons to act 

Poll books. as such judges and clerk. A poll book shall be kept by the 
clerk, registering the names of the voters ; and the persons 
receiving the highest number of votes cast shall be declared 
elected. In case of a tie in any election, the judges of elec- 
tion shall decide the same by casting lots on the day of the 

Opening and electiou. Tlic elcctious shall be opened at the hour cif one 

oosmg po s. Q^'lock r. M., and shall be closed at the hour of four o'clock 
r. M. ; and the judges and clerk shall certify, to the board of 
education, the names of the persons who were elected mem- 
bers of said board, and the number of votes each person 
voted for received. If, between the times of the annual 
elections, any vacancy shall occur in said board, by death, 
removal from said district, or resignation, the remaining 
members of said board shall appoint a person to fill such 
vacancy until the next annual election. 

Annual meeting. ^^ -J., ( ju the sccoud Monday of iVugust, in each year, 
said lioard of education shall meet together, and organize 
by electing one of their number pi-esident of said board, 
and another of tlieir number clerk of said board, and shall 
appoint a treasurer of said school district, who shall not be 

Term of office, a member of said board, and shall hold his office for three 
years, and until his successor shall be appointed, but may 
be removed at any time by said board, and his successor ap- 
pointed. Said president and clork shall hold their offices for 
one year. The clerk of said board shall be present at all meet- 
ings of said board, and record the proceedings of such meet- 
ings, in records to be kept for that purpose ; and the result of 
the af )rcsaid elections and aj.pointments shall be entered in 
such records; and said proceedings, when recorded, shall 
be signed by the president and attested by the clerk of said 
board ; and tlie same, or certified copies thereof, under the 
hand of sai 1 clerk, shall be jrrh/ia facie evidence in courts 
and elsewhere. Said board shall also meet on the first 
^Mondays of the months of iSTovember, February and May, 
of each year, and may adjourn from time to time, as they 

Sp'ioiai meetings may think ])roper; and the president or any two members 
of said board may call special meetings thereof, whenever 
it may seem proper. Four members of said board shall 
constitute a quorum for the transaction of business ; and in 
the absence of the president or clerk, the board may ap- 



SCHOOLS. 297 

point a president or clerk ^w tein.; and upon the death, re- 
moval from said district, or resignation of the president or 
clerk, the said board shall elect persons to fill such vacancy 
for the unexpired term. 

§ 5. The said board of education shall have the follow- 
ing powers, besides those hereinbefore mentioned : 

First. They shall provide common schooling for all per- AgeofpupUs. 
sons residing within said school district, between the ages 
of five years and twenty-one years, for not less than eight 
months of each year. 

Second. They shall have control of all school houses, 
school lots and school property within said school district ; ^ 

shall have power to purchase lots for the erection of school 
houses thereon, and erect or hire buildings for school houses, 
and keep the same in repair, and furnish schools with neces- 
sary fixtures, furniture, books, apparatus and libraries. 

Third. Whenever said board of education shall be of May sen pro- 
the opinion that any of the real estate belonging to said ^^^ ^' 
board or said district has become unnecessary, unsuitable, 
or inconvenient, or shall, in any way, deem it proper to sell 
such real estate, they may sell and convey the same ; and 
all such conveyances shall be signed by the president of 
said board, and attested by the clerk of said board, for and 
[in] behalf of said board. 

Fourth. They shall appoint all teachers of the schools Teachers how 
of said district, fix their salaries or compensation, and may 
dismiss such teacliers at any time. 

Fifth. They shall direct what branches of learning shall studies. 
be taught, and what books shall be used in said schools. 

Sixth. They shall establish schools or departments of Graded schools. 
diflerent grades, and may, either themselves, with the aid 
of the principal teacher of the highest grade or department 
of the schools of said district, or through a committee of 
three examiners, to be appointed by said board, including 
said teacher, examine scholars, in advancing them from 
grade to grade ; and upon passing a sufficient examination, 
upon completing the branches of learning directed by said 
board, scholars shall be entitled to a certificate fiom said 
board, under the hand of said president, and attested by 
said clerk, that such scholar has graduated at the said 
school ; and they shall make all necessary rules and regula- 
tions for the admission of pupils, and the government of 
the schools of said district; and may suspend or expel Expulsion of pu- 
pupils guilty of refractory or incorrigible conduct, or pos- ^' ^' 
sessed of any infectious or contagious disease, and may ap- 
point agents and servants upon any matter conducive to the 
interests of said district. 

Seventh. For the purpose of building a high or central ^^^^^ ®°'^°°^ 
school house, and other school houses and additions thereto, 
and repairing and improving the school houses of said dis- 
trict, and purchasing lots or real estate for such buildings, 



29S SCHOOLS. 

Borrow money, and libmrics rdiJ apparatus, it sliall be lawful fur said board 
to borrow inouey, at a rate of interest not to exceed ten per 
cent, per annum, and issue bonds therefor, in sums of not 
less than one hundred dollars; which bonds shall be signed 
by the said president, and attested by the said clerk, for and 

Froviso. in behalf of said board : Frumded^ that the bonds issued 

by said board, and outstanding, shall not at any one time 
exceed two per cent, on the dollar of the assessed value of 

Special tax. the real and personal property of said district; and the said 
board shall, prior to the second Monday of September, an- 
nually, estimate the amount of money necessary to be raised 
b_Y a special tax for school purposes in said district during 
the ensuing year, and hnd what rate per cent, this amount 
will require to be levied, which shall not exceed two per 
cent, on the assessed value of the real and personal property 
in said district, and vrhich rate shall be certiiied by the said 
president, and attested by the said clerk, and returned to 
the clerk of the county court of Kankakee county, on or 
before the second M« >nday of Se})tember, annually ; and 
which certificate may be in the following form : 

Certificate of tax 'We hereby certify that the board of education of Kankakee School Dis- 
trict requires the rate of per cent, on the dolhir to be levied on the taxa- 
ble property of said school district, for the year IS — , for school purposes. 

Dated this day of , a. d. IS — . A. B., President. 

Attest : C. D., Clerk. 

The money thus raised shall be appropriated b}' the said 
board to the various objects for which it was intended, and 
shall be collected in the same manner as school taxes are 
collected under section forty-five of the act entitled "An act 
to establish and maintain a system of free schools," approved 
February IS, 1857, or any laws of this state that may here- 
after l)e passed for the collection of school taxes, and shall 
be paid over by the collectors to the treasurer of said district. 
Dondoftreasur- ^ (*,. The treasurer of said school district, within ten 
days after his appointment, shall execute a bond, with two 
or more good and suflicient sureties, to be approved by said 
board, to be filed with the clerk thereof, in a penalty to be 
fixed by and running to said board, conditioned that he 
would keep, and, from time to time, pay over all muueys, 
upon tlie order of said board, that he should receive as such 
treasurer, and deliver over to his successor in office all 
books, papers, securities, property, and moneys in his 
Iiands as such treasurer, and faithfully discharge the duties 
of his ofhce ; and it shall be the duty of the said treasurer 
to receive and keep all moneys of the said board ; and all 
Accounts of trea- moucys cluc Said board shall be paid to said treasurer, and 
'^'^'^^''' he shall keep a true and acci'irale account of the same, and 

of all moneys he shall pay out, in a record to be kept for 
that ]nir}>ose, and shall pay out no moneys excepting on the 
order of said board, and shall retain vouchers for all moneys 
he shall pay out, and shall receive one per cent, upon all 



SCHOOLS. 299 

moneys received and paid out by him, for liis services ; and Annual report of 
he shall settle with the said board at least once in each *''^^^"''^'"- 
year, and often er, if the said board shall require. All or- 
ders of said board on the said treasurer shall be signed by 
the president, and attested by the clerk, and shall state for 
what purpose given ; and a minute of the same shall be 
made by the clerk in the proceedings of said board. 

§ 7. The said school district shall be entitled to receive Prorata share of 
^ 2)ro rata share of the state, county and township school ^<^^°°'*^^- 
funds, the same as given to other school districts of Kanka- 
kee county ; and the said board shall require tlie teachers, S'-heciuies. 
or the principal teacher of the schools of said district, shall 
keep and return schedules, according to section fifty-three 
of the above-mentioned act, and according to any laws that 
may hereafter be made in this state upon said subject, 
amending or changing the same ; and separate schedules, 
containing the list of scholars living in township number 
thirty north of range number thirteen west, in Kankakee 
county, and those living in township number thirty-one 
north of range number twelve east, in said county, shall be 
made for each township ; and the clerk of said board shall 
cause said separate schedules, or copies thereof, under his 
hand, to be filed with the township treasurers of said town- 
ships, before the semi-annual meetings of the trustees of 
schools of said townships, in the months of April and Octo- 
ber in each year, or other times that may be fixed by law 
for the distribution hereinafter mentioned ; and said trustees 
of schools shall distribute to said school district a ])ro rata 
share of the amount of state, county and township funds, 
according- to the number of children under twentv-one 
years of age, and the attendance certified in said schedules 
or copies, or according to any other basis upon which said 
funds shall be distributed, as may hereafter be fixed by law, 
in the same manner and proportion as made to other school 
districts of said townships, which shall be paid over by the 
said township treasurers to the treasurer of said district; 
and in case of any irregularities or emissions in said sched- 
ules, or the copies thereof, or neglect in not making or filing 
the same with said township treasurers, as aforesaid, the said 
trustees of schools, or other distributing officers that may Distribution of 
be hereafter created, shall not fail to distribute to said school ^'^°'^^- 
district its share of said funds on that account, but shall 
proceed to obtain a correct enumeration of children, if no schedules of 
enumeration has been made, and statement of such attend- '=^^^'^'"^°- 
ance upon the schools of said district, or require such enu- 
merations and schedules, or copies thereof, to be made ; and 
it shall be the duty of the said board to cause the said clerk to 
certify to the said trustees of schools of said townships, on 
or before the last day of September, in each year, the num- 
ber of children under twenty-one years of age, and between 
the ages of five years and twenty-one years, living in said 



300 scnooLS. 

separate townships of said school district, and any and all 
other int'orniation called for under the common school law. 

Quarifications of ^ S. Xo pcrson sliall be qualified to serve as a member of 

°e?™"^'^'^ vo- ^1^^ ^_^.j |3^^.^j,(]_^ pj. j-^, ]jQ ,^^^ elector at any of the foregoing 
eleclions, unless he shall have been, fur thirty days |)revious 
thereto, a resident of said school district, and a citizen of the 
United States, either by birth or naturalization. 

\yheii to cygan- _:< [I. That tliG directors of schools of the diiicrent school 
districts now embraced within the said school district shall 
compose a board of education for said school district, until 
the election of said board next August, as above provided 
for ; and that the said directors, as such board of education, 
shall assemble at the court house, in said district, on the 
first Monday of April next, and organize bv appointing one 
of their number president, and another clerk of the said 
board ; and also, shall appoint a treasurer of said district, 
to hold his office until the ensuing election. 

Division of ^ 10. The treasm-ers of the above-mentioned townships 
shall pay over to the treasurer of said district all moneys 
and funds belonging to the several school districts embraced 
Avithin said school district; and the said school district shall 
pay the debts and liabilities of the said school districts em- 
braced within said district; and the inhabitants living 
within said school districts so thrown in said district, but 
outside of the limits of said district, shall have the privilege 
of sendirig their youths and children to the schools of said 
district, until the first day of April, a. d. 1866 ; but this sec- 
tion is not intended to apply to those scliool districts where 
their school hoitses are outside of the limits of said district. 

Other pupils. ^;( ^1. The Said board of education may admit pupils 

from other parts of Kankakee county, and elsewhere, upon 

such terms and char^-es of tuition as they may deem Droper. 

,^ 12. This act shall be deemed and taken to be a public 

act, and shall be in force from and after its passage. 

Api'iioved February 16, 1865. 



In forco Feb. IC, AX ACT to attach certain lands therein named to school district number 
'■"'■ t'.vo, ill township one south, range four west, in Brown county. 

Section 1. Be it enacted hy the People of the State of 
lUlnoiH^ represented in the General Assei/ibli/^ That the 
L^;nrj3 attached, nortli half of .scctiou four, and the north-east quarter,' of 
section live, Iti township one south of the base line of range 
four west <»f the Iburth ]»rinci])al meridian, in said Brown 
county, be and the same is hereby attached to school district 
number two, in said district, subject to all general laws of 



SCHOOLS. 301 

this state respecting schools and school districts, and all spe- 
cial legislation relating to said district. 

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

Approved February 16, 1865. 



AN" ACT to incorporate the Lockport School District. In force Feb, 16, 

1866. 

Section 1. Be it enacted hj the People of the State 
of Illinois^ represented in the General Assembly^ That all 
that part of township thirty-six (36,) range ten east of the Bounds of dis- 
third p. M,, lying within the corporation limits of the villay;;e 
of Lockport, together with section twenty-four, and the 
south-east quarter of section twenty-three, in township thir- 
ty-six aforesaid, all in the county of Will, with all the build- 
ings and property belonging to the same, are hereby erected 
into a district for school purposes, under the title of " The 
Lockport Public School District ;" said school district to have 
all the powers and liabilities that now belong or may hereaf- 
ter belong to school districts in the state. 

§ 2. The regular election of directors shall be held on Annual election. 
the first Monday in August, annually. Vacancies may be 
filled in the manner prescribed by the general school law 
of the state. The board of directors shall choose three of 
[their] number to act as judges, and one to act as clerk at 
such elections. 

§ 3. The board of directors shall consist of five mem- Quorum, 
bers, three of whom shall constitute a quorum to do busi- 
ness : Provided^ that the signature of the president and Proviso. 
clerk only of the board, shall be required on all orders, 
vouchers, bonds or other instruments to make the same valid 
and lawful. It is further provided^ that the present direc- First board. 
tory of district six, T. (36) aforesaid, (being the same district 
which is incorporated by this act) shall constitute the first 
board of directors under this act, until the first regular 
election is held under the same ; and further, that those di- 
rectors of district six, T. 36 aforesaid, having unexpired 
terms of office at time of holding said first regular election, 
shall fill the same as members of the board of directors 
coQtemplated in this act. And in addition to said directors 
having said unexpired terms of ofiice, there shall be elected 
at said first regular election, the additional number of di- 
rectors requisite to make a full board; said additional num- Term of office of 
ber to determine by lot, which ot them shall hold his office 
for five years, which for four years, which for three years, 
and so on, so that one vacancy may occur each year, which 
vacancy shall be filled at each regular election. 

§ 4:. The board of directors shall have power, 



302 SCHOOLS. 

Powers of di- First. To build, rG])air, purchase or lease buildino's for 

rectors. , , ") i i i o 

school ])urposes. 

Second. To buy or lease sites and lots for school houses 
and the necessary grounds. 

Third. To furnish schools and school houses with the 
necessary library, furniture, apparatus, fixtures, appurte- 
nances and conveniences. 

Fourth. To establish and maintain schools, and to l^yy 
and Collect taxes, for the payment of teachers, and of all 
other necessary expenses. 

Fifth. To establish and maintain a regular system of 
graded schools ; to prescribe the course of study to be fol- 
lowed and the text books to be used; and to grant diplo- 
mas to those pupils who successfully complete the course 
of study adopted. 

Sixth. To make all regulations necessary to insure thor- 
ough scholarship; to secure pnnctual and regular attend- 
ance ; to maintain strict discipline, and to protect school 
houses, property and grouTjds from abuse or iujnry. 

Seventh. To demand and receive from trustees of schools 
of township 36 aforesaid, and from the treasurer of said 
townsliip, such portion of the interest of the school fund, 
and of sucli other funds as said district is now or hereafter 
may be Ijy law entitled to receive, by delivering to said 
treasurer a semi-annual statement of the number of teach- 
ers, male and female, employed in said schools ; of the sala- 
ries paid to said teachers ; of the number of pupils, male 
and fennile enrolled, and the aggregate attendance of the 
same ; and to furnish such other statistics as the school laws 
of the state may require. 

Eigldli. To admit pupils from abroad wdlh such restric- 
tions only as they may think expedient to prescribe. 

Fiintli. And generallj' have and possess the right, power 
and authority to make and enforce all regulations necessary 
for the successful management and support of said schools ; 
and all other powers, rights and authority, which now are 
or may hereafter be conferred upon directors by the general 
school law of the state. 
Annual state- g 5. It sluUl be the duty of the board of directors, on 
or before the third Monday in July, annually, to publish an 
account ol' all funds received and expended, specifying the 
sources of such receipts and the object of such expendi- 
tures. 

% 6. This act shall take effect and be in force from and 
after its jntssage. 

ArriiovKD February IG, 1SG5. 



rnent. 



SCHOOLS. 303 

AN ACT to amend an act entitled "An act to establish free schools in the In force Peb. IG, 
city of Ottawa, in the eounty of LaSalle," and an amendment to said act, 1^66. 

approved February 1, 1861. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That the next 
election for directors of the board of education in the city Election of board 
of Ottawa, shall be held on the third Monday in March, 
one thousand eight hundred and sixty-six, at which election 
there shall be elected by the legal voters of said city, one 
director of said board of education for each ward of said 
city, who shall hold said office for the term of one year from 
and after his said election, and until his successor in office 
shall be elected and qualified ; and that, annually after said 
election, there shall be elected in like manner, one director 
of said board of education, in each ward of said city. 

§ 2. Each of said directors of said board of education shall vacancy. 
be a resident of the ward in which he is elected ; and if any 
of said directors of said board of education shall at any 
time during his said term of office remove from the ward 
in which he was elected, his office shall become vacant, and 
in such case the city council may order an election in such 
ward to ffil the vacancy so caused as aforesaid. 

§ 3. Said election for directors of said board of educa- Election. 
tion shall be held at the same time and in the same manner 
as is now provided by the charter and ordinances of said 
city of Ottawa, for the election of mayor and aldermen. 

§ 4. The present directors of said board of education Directors horn- 
whose unexpired term of office runs until the first Tuesday ^^^over. 
in March, a. d. 1866, shall constitute the board of educa- 
tion of the city of Ottawa until the directors provided by 
this act to be elected on the third Monday in March, a. d. 
1866, shall be elected and qualified. 

§ 5. This act to be in force from and after its passage. 

§ 6. All prior acts and parts of acts in conflict with this Acts repealed. 
act are hereby repealed. 

Approved February 16, 1865. 



AN ACT to amend former laws as to Pittsfield School District 'in the county in force Feb. 16, 
of ?ike and state of Illinois. 1365. 

Section 1. Be it enacted hy the People of the State of 
Elinois^ represented in the General Asse7nUy, That, there 
shall be elected by the voters who are entitled by law to District assessor 
vote for school directors in said school district, at the first 
election for said directors after the passage of this law, and 
at each annual election thereafter, an assessor of property 
for said school district, who may, and whose duty it shall be 



304: SCHOOLS. 

to assess the property in said school district at the same time 
and npon the same iT.tio or mode of assessment, and upon 
all and every descri])tiun of property as now recjuired by 
existing laws, or as may be recpiired by laws of the state in 

Returns of as- iiituro ; and in a well made book or roll, to make return in 

stissments. ^yriting of Said assessmcnt at the same time that assessors 
of t(.>wnships are recpiired by law to make like returns to 
the county clerk of said county; and said county clerk shall 
carrj' or set down said assessment in the books of, and for 
the several ceillectors of revenue for each township of which 
said district is in part compose '; and said clerk and the collec- 
tors of townships, and the treasurer of said county, are, for 

Collection of tax flic purposc of collccting Said taxes so assessed, to proceed 
in all other respects as now or hereinafter provided by the 
general laws of the state, this section being passed to enable 
an ecpial and fair assessment in all parts of said school dis- 

ray of assessor, trict. The scliool dircctors aforesaid, shall pay said assessor 
at the rates now or hereinafter provided for township asses- 
sors, and shall pay the said county clerk for such extra work 
as he is required by this section t(> perform. 

intereBt tax. ^ 2. Said dircctors are hereby required, from time to 

time, annually, to raise by taxation, funds to pay the inter- 
est on all indebtedness of said district; and when bonds are 
about to fall due, to raise funds in like manner to pay the 
principal thereof. 

Borrow money. § 3. Said scliool dircctors, for the purposes indicated in 
former laws, are hereby empowered on the same terms and 
conditions expressed m former laws, to borrow on the sale 
of bonds of said township (in sums of not less than tifty 
dollars,) not exceeding ten thousand dollars, (in addition to 
the amount heretof re authorized to be issued or borrowed) 
at not more than ten per cent, interest, and for not exceed- 
ing twenty years, and may issue bonds therefor. 

;< -i. It is j-urther enacted^ That said directors shall not 
sell or issue bonds at less than par rates, for any purpose. 

x^ 5. This act is declared to be a public law, and shall 
take effect fr<tm and after its passage. 
Api'koved February 16, 1805. 



In force Feb. 1.5, AX ACT in r'^:lalion to school district No. 5, township 88, range 8, county of 
1555. Kane, and state of Illinois. 

Section 1. Be it enacted hy the People of the State of 

Illinois^ Tej)Te8ented in the General AsstiiiUy^ That the 

Borrow money, scliool dircctors of district Xo. 5, township Xo. 3S, county 

of Kane, ajid state of IlliiK^is, are hereby authorized and 

empo^vered to borrow money, not exceeding Hfty thousand 



SCHOOLS. 305 

dollars in all, for the purpose of erectinc^, completing and 
furnishing a new school house for said district, upon their 
new school house site, and to issue bonds or other evidence 
of indebtedness therefor, in such sums and pa_yable at such 
times, not exceeding twelve years, as they shall deem best, 
and bearing any rate of interest not exceeding ten per cent. 
per annum ; also may issue bonds and sell and dispose of issue bonds, 
the same, at not less than their par value. Said school di- 
rectors shall have power to levy, or cause to be levied, on 
the taxable property of said district, a tax, not exceeding one 
and one-half per cent, per annum, for the purpose of paying 
such indebtedness until the same shall be full}^ paid. 

§ 2. The school directors of said district shall have pow- superintendent 
er to appoint an additional officer for said district, to be 
styled "Superintendent of the Public School," who, under 
the direction of said directors, shall have the general surper- 
vision of the public school or schools of said district, whose 
duties and compensation may be prescribed by said board 
of directors, who shall hold his office for one year, and be 
liable to removal by the vote of a majority of said board. 

§ 3. The board of directors of said district shall have 
power to maintain, support and carry on public schools 
therein, for as many months in the year not less than six 
months, as they may deem proper. 

§ 4. That the action of said district in the selection and Acts legaUeed. 
purchase of their new school house site on block 21, town of 
Aurora, and block 7, Koots' addition, and the erection of a 
school house thereon, are hereby legalized. 

§ 5. This act shall be a public act, and take effect and be 
in force from and after its passage. 

Approved February 15, 1865. 



AN A.CT to legalize the action of the school directors of district number In force Feb. 16, 
one (1,) in township number twenty -five (23,) county of Tazewell, and state ^^^^' 

of Illinois, and to authorize the school directors of said district to bor- 
row money, and issue bonds therefor, for the completion of a school house 
in said district. 

Section 1. Be it enacted by the People of the State of 
Illinois^ represented i7i the General Assembly, That the 
election held in the year a. d. 1864, in school district num- -^-cts legalized, 
ber one (1,) in township number twenty-five (25,) north, 
range five (5) west of the 3d principal meridian, in Tazewell 
county, and state of Illinois, for the purpose of selecting 
and determining upon and purchasing a school house site, 
for the use of said district ; and the election held in said 
district in the year a. d. 1864, for the purpose of authoriz- 
ing and empowering the school directors of said district to 
— *21 



3(1 6 SCHOOLS. 

borrow money r.nd issue bonds therefor, for the purpose of 
erecting a school house for the use of said district, upon 
said site, are hereby declared to have been legally held 
and valid, and bindina' upon said district, for the purposes 
aforesaid ; and the bonds now issued, or hereafter to be 
issued, to the iiuiount authorized to be borrowed at such elec- 

Anniuii tax. tiou, are hereby declared to be legally issued ; and the said 
school directors are hereby authorized and euipowered to levy 
and collect annually a tax upon the taxable property of said 
district, not exceeding in any one year, one dollar upon each 
one hundred dollars of assessed valuation, until the princi- 
pal and interest annually accruing thereon of the said bonds 
be paid. 

Borrow money. § 2. To complctc the scliool lionso in process of erec- 
tion, upon the site so selected and purchased, the school di- 
rectors of said district are hereby authorized and empowered 
to borrov\', in addition to the amount legalized by the pre- 
ceding section of this act, such sum as may be necessary for 
that pur]x")se, not exceeding the sum of twenty thousand 
dollars ($20,000,) and to issue bonds therefor at not less 
than par value, in amounts, not less than one hundred dol- 
lars each, payable in any time not exceeding fifteen years 
from their date, with interest, payable annually at a rate not 
exceeding ten per cent, per annum; and to pay the princi- 
pal of the said bonds as the same become due, and the 

Rate of tax. interest thereon as the same accrues. The said school di- 
rectors are hereby authorized and empowered to levy 
ai.d collect annually a tax upon all the taxable prop- 
erty of said district of not exceeding, in any one year, two 
dollars upon each one hundred dollars of assessed valuation, 
until the amount so borrowed, with the interest thereon, is 
wholly paid. 

Amountoftaxto g 3. The school dlrcctors of Said district shall, cacli year, 
until the sums authorized to be borrowed in the first and 
second sections of this act, with tlie interest thereon, are 
fully paid, in the manner and at the time now required by 
law, certify to the county clerk of Tazewell county, Illinois, 
the rate of tax required to be levied and collected, for the 
yjurposes mentioned in said first and second sections, which 
tax shall be extended and levied and collected and paid over 
in the manner now recjuired by law in case of taxes tor school 
purposes ; and the fund thence arising shall be set apart, 
and kept separate, and a])])lied solely to the purposes for 
which the same was collected. 

§ 4. Tliis act shall be in force from and after its passage. 
Appro vp:d February 10, ISf'io, 



be levied. 



SCHOOLS. 30 

AX ACT to regulate the renting and sale of the school section in town thirty- in force Feb. IC, 
eight (38) north, range thirteen (13) cast. 1865. 

Section 1. Be it enacted hy [the People'] of tite State of 
Illinois^ repre^eiited in the General Assembly, That it shall 
be lawful iqx the trustees of schools in township thirty- schooi lands 
eight (38) north, range thirteen (13) east, with the approval '"^y ^^^ rented, 
of the school commissioner, to rent any portion of the 
school section in said township^, for a term of not exceeding 
five (5) years; but no part of the same shall be sold save • 
upon the petition of at least one hundred (100) freeholders 
of the township. 

§ 2. This act shall be in force from and after its passage. 

Appkoted February 16, 1865. 



AN ACT to establish a corporation in Sparta School District for the pur- in force Feb. 16, 
pose of public education. 1SC5. ■ 

Section 1. Be it enacted hy the Peojjle of the State of 
Illinois, represented in the General Asseriibly, That all per- 
sons residing within the limits of Sparta school district, a Limits- of di8tric> 
description of which is as follows, viz : Beginning at the 
north-west corner of section two and running east along the 
township line between towns four and five south to the 
north-east corner of town live, south range six west, thence 
east on said line to the north-east corner of section six of 
town five south of range five west, thence south between 
sections five and six of town five, range five, west one mile, 
thence south between sections seven and eight of town five 
of range five west, one half mile, thence west through tlie , 
center of section seven one mile to range line between range ^ 

five and six, thence west through center of section twelve, 
to'wn five, south range six west to line between sections 
eleven and twelve of town five, south range six west, thence 
west to the center of section eleven, towm five, south range 
six wes|, thence north through the center ol sections eleven 
and two to the center of section two, thence west one half 
of a mile to the line between sections two and three, thence 
north to the place of beginning, south of the third princi- 
pal meridian, in Eandolph county, state of IlKnois, as the 
same now are or hereafter may be established by law, are 
hereby constituted a body politic and corporate by the name 
and style of "The Board of Education of the Sparta Pub- Name and style. 
lie Schools," and by that name they and their successors 
shall be known in law, have perpetual succession, sue and be Powers. 
sued, implead and be impleaded, defend and be defended, 
in all courts of law and equity in all actions whatever ; may 
purchase, receive and hold property, real and personal, and 



.TiuTges 
clerks of elec- 
tion. 



308 SCHOOLS. 

may lease, sell or dispose of the same, and may do all other 
acts as natural persons; they siiail have a common seal, and 
maj: ehann'o and alter the same at pleasure. 

Powers, how -( -2. The powors of tlie corporation hereby established 
shall l)e vested in a president and directors, wlio shall be 
freeholders, at least tvrenty-one years of age, and have re- 
sided at least twelve months previous to their election 
"within said corporation limits, and who shall be citizens of 
the United States and have paid a school tax, and who 
shall be chosen and appointed as hereinafter directed. 

Election of ;< 3_ "Yho board of education shall consist of six mem- 
bers, and the first electi(»n shall l>e held on the last Monday 
of March, e:<i,'hteen hundred and >ixty-iive, an.d it shall be 
the dat_y of the mayor and common council of the city of 
Sparta to order an election for said six directors of the board 
of education of the Sparta ]>ub!i(; schools at some conveni- 
ent place in the city of Sparta, aiid said mayor and common 
and council sliall apooint three iuchres and two clerks to cou- 
duct said election-; which elec'iion shall be conducted under 
the same usages as the election < if mayor and council of said city 

r.;turns of eiec- of Sparta; and said iudii-es and clerks shall make certihed re- 
turns 01 said election to said mayor and common council, 
who shall open and declare the resrdt of said election ; and 
the clerk of said city oi' S])arta shall notify in writing, 
within hve days after said election, said dii'cctors of tlseir 

Time of election, election ; and thereafter the election of school directors 
shall be held l)y the same judges and on the s?me day, and 
at the same time and places as the election of mayor and 
common councilmen of the city of Sparta; and the judges 
and clerks shall make certihed i-eturns of t!ie same to the 
hoard of education, who shall open the same and declare 
the result ; and no person shall vote in choice of said direc- 
tors who is n<jt a legal voter under the laws of this state, 
and has re.sid.ed sixty days previous to said election within 
said corporate limits. 

prpsident of g 4. Xlic boai'd of dircctors shall elect one of their own 
number president, who shall be styled "'the pi'esident of 
the board of education of the Sparta public scliools," and 
the said board of education shall have power to judge of 
the qualifications, elections and returns of its members; to 
prescribe tlie mannei" of conducting the elections of its 
inetnbcr.-- in the several j-'hu'es of sai<l elections; to compel 
the atteiMhinco of absent mendnTS in the meetings of said 
board, and by tlie concurrence of two-thirds of all the mem- 
bers elocte»l expel a meml)er, but not a second time for the 
same olie)jr-.e ; to make rides fa- the government of their 
own proceeding-;, and so liave chai'ge and control of the 
public schools and all ])ropert)' ap[)ropriated to the use of 
public schools williin the sai<l corpc)rate limits. 

§ 5. Said board of education niay receive any gift, grant, 
donation, devise, bequest, legally made for the use of any 



SCHOOLS. 309 

school or schools, or libraries or other school purposes, 
within their jurisdiction ; and they shall be and are hereby 
invested in their corporate capacity with the title, care and 
custody of all school houses, school sites, school libraries, 
apparatus and other property belonging or appertaining to 
the common schools of said corporate limits, with full 
power to control the same in such manner as they may 
think will promote the interest of the schools and the cause 
of education ; and when, in their opinion, any school house 
or school house site has become unnecessary, or inconvenient 
or unsuitable for a school, said board may sell and convey 
the same in the name of the said board, and such convey- 
ance, as well as all other conveyances, contracts and assign- 
ments of the board, sliall be executed by the president and 
clerk of the said board in the name of the board of educa- 
tion of the Sparta public schools ; and the avails of all sales 
and assignments shall be paid to the treasurer of said board 
f(3r the benefit of said schools ; and all conveyances of real conveyances, 
and personal estate, and assignments of choses in action °^™^ ^' 
which may be made to said board, shall be made to said 
board in its corporate name ; and said board may purchase 
and hold such real estate and personal property as may be . 
necessary for the establishment and support of said schools ; 
and such real estate as may be purchased under any sale 
upon execution or decree in favor of said board or in satis- 
faction of any debt due said board ; and said board may at 
any time atterwards sell and convey the same ; and said By-iaws. 
board shall have power to make all rules, ordinances and 
statutes proper for the government and management of 
such schools and property : Provided^ that the same shall 
not be inconsistent with the laws of the land ; and generally 
to do all acts which may be lawful and proper to carry into 
effect the objects of this corporation. 

§ 6. It shall be the duty of the board of education to Annual abstract 
cause an abstract of the whole number of white persons un- °'^°^°^*'^' 
der twenty-one years of age in said corporate school limits 
to be furnished to the school commissioners, or other proper 
officers, before. the first Monday in October, and annually 
thereafter ; and the schof>l commissioner, or other officer, schooi houses 
as aforesaid, shall annually pay to the treasurer of said ^°'^^'*^'- 
board of education the proportion of the public school fund, 
to which said corporate district would be entitled, according 
to the number of white persons aforesaid under the age of 
twenty-one years, and shall take duplicate receipts of said 
treasurer therefor, one of which shall be retained, and the 
other shall be filed with the clerk of said board. 

§ 7. For the purpose of building school houses, pur- Borrow money. 

chasing school house sites, or for repairing and improving 
the same, it shall be lawful for the board of education of 
said Sparta public schools to borrow money at a rate of in- 
terest not to exceed ten per cent, per annum, and issue 



310 SCHOOLS. 

bonds tliereibr, in sums not less than iii'tr dollars, which 
bonds sluiil be executed by the ]")resident and clerk of said 

Proviso. board in the name of said board of education : Provided^ 

that the total indebtedness ineui-red by the said board of educa- 
tion sliall not at any time exceed one half of one per cen- 
tum of the assessed valne of the real and personal property 
of said corporation ; and foi' tlie pajnnent of said bonds the 
proceeds of the tax to be levied and collected for school 
purposes for tlie year next ensuing tlie issuing; of said bonds 
is liereby specially pledged, and said tax shall be applied to 
the jxiyment of said bonds in preference to aiiv other debt. 

lii-aded schools. ^ S. Said board of educatiou shall establish a system of 
graded schools in said co)-p(rrate scliool limits, commencing 
^vith tlie primary and ending with a high school ; the district 
of which shall be the corjv »ration limits, hereby established; 
but tlie district of all the lower grades may be fixed hy said 
board <)f education ; and the school year shall consist pf 
forty-two weeks, commencing on the first Monday of Sep- 
tember, and said school year shall be divided into three 
terms. The time of conniienicintr and closin.o' each succeed- 
ing term to be determined by the presideiit and directors. 
The remainder of the year shall consist of vacations. The 
fiscal year shall correspond with the school year. 

Term of boani. ^ 0. Tlic membcrs of the board of education shall be 
elected for the term of three 3'cars, and until their succes.vors 
shall be duly elected and rpialiiicd ; and one-third of the 

Classes. members shall go outof otiic'j at tlio end of every j'ear ; and 

for tlnit puri)ose the b'.^ard siiali cause its members to be di- 
vided by lot into three equal classes, tlio hrst class to go out 
of otnce at tlie end of one year, the second at the end of two 
years, and tlie third at the end of three years, so that one- 
third of the b')ard shall be elected every year. 

.\n!-iuai ta.K. ^ lo. Tlic Said board of education shall annually, on or 

before the iirst Tuesday of April in e;ich yeiir, levy <»n all 
real and jtersotial jiropcrty v.dtliin stiid corporate limits, 
made taxable b}' law, for state and county ])urposes, a tax, 
not more than ten mills on the dollar, jind shall fix and de- 
termine wh;it shall be the rate per cent, of taxation for each 
ye;ir for school purposes, and shall make an order therefor 
and. enter the r-ame on the I'ecords of the board; and the 
said board shall immediately furnish the collector of Ran- 
dolph county with a copy thereof, certified to by the presi- 
dent and clerk, which being done, said collector shall take 
the assessment made by the assessor of Randoljdi ounty 
within said corporate limits of Sparta public schools as laid 
down in section one of this act, and from said assessment, is 
hereby authorized to mala; a tax list in pursuance of and for 
the purpose in this act mentioned, and shall p'rocced to col- 
lect the same for school |)urposes, in accordance with said 
order; and said amount, when collected, shall be ])aid by 
said ofiicer to the treasurer of said board of education, and 



SCHOOLS. 311 

duplicate receipts taken therefor, one of which shall be tiled 
with the clerk of said board of education, and the other re- 
tained by said collector; and for his compensation for such Pay of couecjor. 
collection shall receive the same per centum as he is allowed 
by law for collection of state and county revenue, and for 
neglect of duty under this act, shall be liable to and suffer 
the same penalties as for neglect in the collection of state 
and county tax ; and the board of education of Sparta public 
schools may require the said collector of liandolph county, 
before he enters upon the duties imposed upon him in this 
act, to enter into bond in such amount as they shall deem 
sufficient, with good and sufiicient security, to be approved 
by said board of education, conditioned for the faithful per- 
formance of the duties as collector of said tax in this act 
specified. 

§ 11. Said board of education shall have power to allow Nom-esident 
the children of persons, not residents in said corporate lim- 
its, to attend the schools of said corporation under the con- 
trol and care of said board, upon such terms as said board 
shall, by resolution, prescribe, fixing the tuition which shall 
be paid therefor; and said board shall have power to furnish Free books and 
to all children, who cannot otherwise obtain the same, all 
necessary school books, using any of the school funds for 
said purpose. 

§ 12. No director of said board of education of the Spar- Directors receive 
ta public schools shall receive any compensation for duties ^'^ ^^^' 
as such. 

§ 13. It shall be the duty of the clerk of said board, im- Notice of eiec- 
mediately after the election of any person as director of 
Sparta public schools, in writing to notify him of his elec- 
tion, and if any such person shall not within ten days after 
receiving such notice of his election, take and subscribe the 
required oath, and file the same with the clerk of said board, 
the said board shall consider it as a refusal to serve, and or- 
der an election to fill said vacancy. ' • ' i' 

§ 11. Said board of education shall employ a treasurer officers and 
and secretary, and such other agents as to them shall seem ^^^^^^- 
necessary, and shall allow them such compensation as may 
be agreed upon ; and the said board shall require their trea- 
surer to enter into such bond for the faithful discharge of 
his duties under this act, as shall protect the monied interest 
of said school corporation. 

§ 15. Said board of education shall take control of the "^^^^^^ colored 
education of the colored citizens within said corporate limits, 
and may establish a colored school, and for the support of 
such school shall apply the local school tax collected on the 
property of the colored citizens within the limits of said 
corporation, and may receive any money or moneys that 
maj^ be contributed for the benefit of said colored schools, 
and apply the same to the support of said schools ; and they 
may receive and apply any funds that may be allowed by 



312 SCHOOLS. 

the state or general government, for the education of colored 
people. 

statement of ^ 1(3. Said board of education shall, if required to, fur- 
nish to the state superintendent of puldic instruction, or if 
required, lay the same before the general assembly, a full 
statement concerning the schools under their charge, and 
shall in all respects comply M'ith the requirements of the sev- 
enty-ninth section of the common scht)ol law. 

By-law?. § f "• Said board of education may make such by-laws, 

rules and regulations, as are necessary to the exercise of the 
foregoing powers. 

Schools organ- s:v IS. Said board of education shall, immediately after 
their election, proceed to take charge of and organize the 
public schools of said corporate limits, in accordance with 
the requirements of this act, 

§ 19, This act shall be deemed a public act, and take 
efl'ect and be in force from and after its passage. 
Approved February 16, 1865. 



ized. 



In force April S, ^4^^; j.^qj ^,j consoliduto certain school districts in township one south, range 

twelve west, in Wabash county, Illinois. 

Seotiox 1, Be it enacted by the People of tJte State of 
Illinois^ reijresentcd in the General Asscmbhj, That school 
Districts united districts uumbers ouc and two, and Union school districts num- 
bers one and two, in tov\'nship one south, range twelve west, 
in AYabash county, be and they are hereby consolidated into 
one school district, to be known and described as district 
number one, in township one south, range twelve west, in 
Wabash county 
Funds, how used | 2. All fuuds belonging to or now in process of collec- 
tion from taxes already levied, are to be used and expended 
in defraying the debts and ex])enses of the district in which 
they are now owned or being collected, and if all said funds 
are not needed for said ])urpose, the surplus shall be used 
and expended in improving, repairing and beautifying the 
school house in the district for which tliey were collected. 

^ 3. The first election for directors in the district hereby 
created, shall be held on the iirst Monday in the month of 
May, 1865, until which time the directors now serving in 
said districts shall continue to serve, and the treasurer of 
said township shall give notice in the same manner and 
time as is given by school directors for other district elec- 
tions, 

^ d. This act shall take effect and be in force from and 
after the 8th day of April, 1865. 

Approved February 16, 1865. 



Election 



SCHOOLS. 3 1 3 

AN ACT to regulate the renting and sale of the school section of town In force Feb. IG, 
thirty-eight (38) north, range thirteen (13) east. 1865. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General AssemUy, That it shall 
be lawful for the trustees of schools in township thirty-eight schooi lands 
(38) north, range thirteen (13) east, with the approval of the ™^^ 
school commissioner, to rent any portion of the school sec- 
tion in said township for a term of not exceeding five (5) 
years, but no part of the same shall be sold, save upon the 
petition of at least one hundred (100) freeholders of the 
township. 

§ 2. ^This act shall be in force from and after its passage. 

Approved February 16, 1865. 



AN ACT to repeal an act entitled "An act to change a school district therein In force Feb. 16, 
named," approved February 21, A. ». 1861, and to create a new school ^^^• 

district. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That an act 
denominated "An act to change a school district therein Act repealed, 
named," approved February 21, a. d. 1861, be and is hereby 
repealed, and the same be made and declared a part of 
district 6, 7, 2, south, range 9 west, of said county. 

§ 2. And he it further enacted, that the inhabitants re- Boundaries of 

*^ school districx 

siding in township number two (2) south of range nine (9) 
west of the third principal meridian, in the county of Mon- 
roe, and state of Illinois, within the following boundaries, 
to wit : Beginning at the south-east corner of section thirty- 
two (32), township two (2), south of range nine (9) west, 
thence running north to the north-east corner of section 
twenty-nine (29), thence west one hundred and sixty (1-60) 
rods, thence north one hundred and sixty (160) rods, thence 
west one hundred and sixty (160) rods, thence south-west 
on the Belleville and Waterloo county road to the north- 
west corner of section thirty (30), thence south to the south- 
west corner of section thirty-one (31), thence east to the 
place of beginning, be and the same is hereby created a 
school district, with all the rights and privileges which other Rights and priri- 
districts under the school law ol this state may exercise and '^^^^' 
possess. 

§ 3. That the inhabitants of said school district, upon Election of di- 
giving ten days' notice of the time and place of holding an 
election, shall elect three school directors, on or before the 
first day of August, a. d. 1865, who shall hold their office 
and discharge the duties of school directors of said district 
for one year, and until their successors are elected and qual- 



314: 



SCHOOLS. 



Proviso. ified as the general scliool laws of Illinois provide: Provi- 

ded^ that all subsequent elections for school directors be 
held and lots lV)r service be dravv'n in confoiuiitj with said 
general scliool law. 
Stciotavy of § 4. Tliis act to be in force from and after its passage, 
cei .\. ^.^^^1 ^|^_^j. ^1^^ secretar}' of state certify a copy hereuf to the 
clerk of the county of Monroe upon its passage. 
ArPKOVED Februarv 10, 18G5. 



In force Jeb. 10, AX ACT to create a school district in the to^-ii of D..a'atar, Illinois, to be 
"'"^' kuown as "The Decatur School District " 

Section 1. Be it enacted hy the People of tJce State of 
PIi?iois, represented in, the Genercd AssemUy^ That all of 
Limits of school sectioiis oue, two, three, eleven, twelve, thirteen, fourteen, 
fifteen, and the north half of sections twenty-two, tvrenty- 
three and twenty-four: and also, the north half of the south 
half of said sections twenty-two, t went} -three and twenty- 
IVair, aU in township number sixteen north, of range num- 
ber tvv'o east of tlie tliird principal meridian, is hereby con- 
stiiuted a school district, to be known as "Decatur School 
District." 

^t'=on'' ^^ '^^'^'^^' ^ ^'' '^^^'® government of said district for school purposes 
shall be vested in a bonrd of three persons, to be styled the 
board of education of Decatur school district, and to be 
elected, qualiiied and organized as hereinafter provided. 
Election. ^ 3. There shall ])e elected by the quaiitied voters of 

said district, on the first Tuesday of April next, three per- 
sons, vrho shall constitute said board, and hold their office 
for one, tv7o and three years, and until their successors shall 
be elected and qualified. At their first meeting, they shall 
draw lots for their respective terms of office, for one, two 
Annual election, and three ycars. And thereafter on the first Tuesday of 
June, annually, there shall be an election for the purpose of 
electing one member of said board, who shall hold his of- 
fice for three years and until his successor is elected and 
Vacancy. qualified. All vacancies in said board shall be filled at said 

Notice of meet- annual election, except as hereinafter provided. The meet- 
'"'"'' ings for said elections shall be notified by the president of 

the board, by giving at least ten days' notice of the time 
and place, by ])ublishing a notice thereof in one or more of 
.tuOl-s an'i tlic iiewsi)a])ers of the city of Decatur, Two of the mem- 
tiou." bers of the board shall act as judges, and one as clerk of 

said election ; but if said members shall fail to attend, or 
refuse to act when present, the legal voters, when assem- 
bled, shall choose three of their number to act as judges, 
and one as clerk of said election. The said judges and 



SCHOOLS. 315 

clerk shall take and subscribe to the same oath as is pre- 
scribed for judges and clerks of elections by the election 
laws of the state. After every election of members of the 
board, the judges shall cause the poll book to be delivered 
to the clerk or president of said board of education, with a 
certificate thereon, showing the election of said members of 
the board, and the names of the persons elected ; which 
poll* book shall be filed by the clerk, and shall be evidence of 
said election. In case of a tie in any election, the same Tie rote. 
shall be decided by lot, by the judges of election on tlie day 
of election. If between the times of the annual elections, vacancies, 
any vacancies shall occur in said board by death, resignation 
or removal from the limits of said district, the remaining 
members shall fill the vacancy by appointment; and the 
person so appointed shall hold the office until the next an- 
nual election, and until his successor shall be elected and 
qualified. The members of said board shall severally take 
an oath to discharge the duties of their office to the best of 
their knowledge and ability. 

§ 4. The said board of education shall be a body cor- Name and style. 
porate and politic, by the name and style of "The Boai'd of 
Education of Decatur School District," and may have a com- Powers. 
mon seal, and change the same at pleasure ; and as such 
may contract and be contracted with, sue and be sued, plead 
and be impleaded in and before any tribunal having compe- 
tent jurisdiction, 

§ 6. It shall be the dnty of said board to hold quarterly Quarterly ses- 
sessions on the second Tuesday of April, July, October and "°°^' 
January of each year, and they may meet by adjournment, 
at such other times as they may think proper; and the pre- special meetings 
sident of the board, or any two members thereof, may call . 
a special meeting of the board, by giving a verbal notice of 
the time and place and object thereof, or leaving a written 
notice thereof at the residences of all the other members of 
the board ; and at all the meetings a majority of the board 
shall be a quorum to transact business. Said board shall officers, 
organize by appointing one of their number president ; they 
shall also elect a clerk, who may be a member of the board, 
and treasurer, who shall not be a member of the board, who 
shall hold their respective offices during the pleasure of the 
board, and until their successors shall be elected and quali- 
fied. It shall be the duty of the president, when present, 
to preside at all meetings of the board; and it shall be the Record of acts. 
duty of the clerk to be present at said meetings, and to re- 
cord in a book to be provided for that purpose, all the offi- 
cial proceedings of said board, which record shall be public 
and open to the inspection of any person interested ; and 
all said proceedings when recorded, shall be signed by the 
president and clerk; and a copy thereof, certified by the 
clerk, shall h^ ])rima facie evidence of such proceedings in 
courts and other places. If the president or clerk be absent 



316 SCHOOLS. 

the board may appoint a president or clerk pro tern. The 
treasurer shall execute to said board an official bond, with 
good and sufficient securities, such bond to be approved by 
tiie board, in such sums as the board shall deteiinine, but to 
be, as m.'arly as can be ascertained, in double the an^ount of 
all moneys that will at one time be in his hands, and condi- 
tioned tbr the ])ertbrmimces of his duties as treasurer, and 
especi;dly f;iitln'ully to keep, and from time t<.» time, pay 
over all mone_ys that he shall receive as such treasurer, as he 
Siiall be directed by order of the board, or ivn,|uired by law 
to do ; he shall keep a true and aecaraie record, in proper 
boolvs fa- rlnit purpose, of all moneys received and paid out 
bv him. tor what purpose and upon vvdiat and whose account; 
but he sliail pay out no money except upon order of the 
board; f)r all moneys |»aid out he shall tir^ke and tile, with 
the papers of his office, pro})er vouchei'S. and he shall settle 
his accounts with the board, at least once in each year, and 
offener if the board should so rerpiire. 
No pay to mem- ^ 0. Xo member of the board shall receive anycompen- 

bers, unlesi ex '• r i • , i i • ,• i i i 

tra. sation Tor his attendance at the meetmgs oi the board, 

nor for the performance of its ordinary duties, but for ex- 
traor.linary services, reasonable compensation may l>e al- 
h.)vred, tile l;oard to determine what are extraordinary ser- 
vices, and the compensation therefor. Tlie secret-iry and 
treasurer shall receive such compensation as tlie board shall 
yjrescril>e. 

,;^ 7. The treasurer shall, under the direction of the 
board, demand and receive of the oihcer or offiicers having 
the custody thereof, a!iy interest or other money from any 
school iViiid or any other source, to which tiie Decatur school 
district, (_>r an_y part thereof, or the schools or the teachers 
tiierein v;ould be entitled if this act had not been passed ; 
and the money so received from such funds or sources, bhall 
lie placed in the treasuiy to be used and expended, under 
tjie ('rder and direction of the board, for the support of 
scho(»ls and for school purposes in tlie same manner as oth- 
er funds that shall come into the treasmy by taxation or 
otherwise. 

Distribution of _^; ^,. ^he Said Decatur school district shall be exempt 
irom tne jurisdiction ot trustees ot sclioois in the town- 
ship in which said Decatur school district is located, so far 
as c<jmmon sch')ols are concerned ; and the school commis- 
sioner of Alaon county, shall in the distribution of the 
school funds tlnit may come into his hands, a])poi'tion so 
mu.cli of tlie school fund as said Decatur sciiool district may 
be enli;l<;d to upon a j)i'o nUa distributijii of said funds 
amon.'^ the scnerai townships of said county, to the said 
Decatur school di.-^trict, and upon the filing of the bond of 
the treasurer of the said board of education, the said school 
ci>mmissioner shall ])ay over to the said treasurer the amount 

schooitaxes. duo Said district. All taxes levied in accordance with the 



SCHOOLS. 317 

provisions of this act, shall be paid over by tlie officer col- 
lecting the same, to the treasurer ot the board of education ; 
and said board of education shall have the entire and exclu- 
sive control of all school funds of said Decatur school dis- 
trict, or any part thereof, whether consisting of the portion 
of the school, college, seminary or township fund, belonging 
and to belong to said district, or any part thereof, or derived 
from taxation, loans or otherwise, to be used b3''theni as pro- 
vided in this act ; and they may receive any gift, grant, do- 
nation, devise, bequest or legacy, made for the use of any 
school or schools, or library or other school purposes, within 
their jurisdiction ; and they shall be and are hereby invest- 
ed in their corporate capacity, with the title, care and cus- 
tody of all lands, lots, school houses, school libraries, appa- 
ratus and other property belonging or appertaining to the 
common schools of the district, or any of them, or which 
may be within their jurisdiction, with full power to control 
the same in such manner as they may think will promote 
the interests of schools or tlie cause of education, and not 
inconsistent with the provisions of this act; and when in May seinands. 
their opinion, it may be for the interest of said district to 
sell any lot or tract of land or building, belonging to said 
district or any part thereof, said board may sell and convey 
the same in the name of the board ; and such conveyance, 
as well as all other conveyances, contracts and assignments 
of the board, shall be executed by the president and clerk 
of the board of education of Decatur school district, and the 
moneys of all sales and assignments shall be paid to the 
treasurer of the board, for the benefit of schools ; and all 
conveyances of real and personal estate and assignments of ■ ■ 

choses in action which may be made to said board, shall be 
made to said board in its corporate name ; and said board 
may purchase and hold such real estate and personal prop- 
erty as may be necessary for the establishment and support 
of schools, and such real estate as may be purchased under 
any sale upon execution or decree in favor of said bo^ird, or in 
satisfaction of any debt due the said board, and at any time 
thereafter may sell and convey the same. 

§ 9. For the purpose of erecting school houses, purchas- Borrow money. 
ing school house sites, or repairing or improving the same, 
or purchasing libraries or apparatus, it shall be lawful for 
said ooard to borrow money at a rate of interest not exceed- 
ing ten per cent, per annum, and issue bonds therefor, in 
sums of not less than one hundred dollars; which bonds 
shall be executed by the president and clerk of said board 
in the name of the board : Provided^ that the bonds issued Proviso. 
by said board and outstanding, shall not at any time, ex- 
ceed one per centum of the assessed value of tlie real and 
personal property of said district. 

§ 10. Said board may also, at any time when they may 
deem it necessary, borrow any sum or sums of money for a 



318 SCHOOLS, 

time pot exceeding one year, and at a rate of interest not 
exceeding- ten per cent, per annum, to be expended for gen- 

Pi»vi$o. eral scliuol ]nirposes : Provicleih tliat the total amount of 

moneys s<> liorrowed and unpaid, shall not at any time ex- 
ceed onedialf of one per ceytum of the assessed value of the 
real and personal property of said distiict. And for the pay- 
ment of the moneys so borrowed, the proceeds of the taxes 
tirst paid irito the treasury thereafter, and not specially ap- 
propriated by law, are hereby speciticall}' pledged and shall 
be applied in ]>aynient of the sunis so borrowed, in prefer- 
ence to any other debts. 

.Tud>'ments as ^11. If auv ludiTment shall be obtained a^'ainst said 
'^''^'""' board, the party entitled to the benetit of such judgment, 

may have execution therefor, as follows, to-Vvdt : it shall be 
lawful for the court in which such judgment shall be ob- 
tained, or to v/hich such judgment shall be removed b}' 
transcript or a])peal from a justice of the peace or other 
court, to issue thence a writ, commanding the board of ed- 
ucation and treasurer of said distvict, to cause the amount 
thereof, with ten per cent, interest and costs, to be paid to 
the ])art_y entitled to the benetit of said judgment, out of 
any moneys unappropriated of said district, and if there r^e 
no such moneys, out of the lirst moneys that shall be re- 
ceived tV)r the use of said district; and to enforce obedience 
to such wi'it by attachment or by mandamus, rerpiiring said 
board to levy a tax for the payment of said judgment; and 
all legal ])rocess, as well as writs to enforce payment of a 
judgment, shall be served either on the president or clerk of 
said board. 

Annual tax § 12. Said board shall, on or before the fifteenth day of 

August in each year, cause to be raised by taxation, for 
school purposes, including the payment of any debts due, or 
during the ensuing year to become due from said district, 
such an amount as the}' shall estimate will, together with 
the available means accruing from other sources, be recjuired 
for school purposes in said district for the ensuing year; and 

Kate of tax. shall determine, as nearly as practicable, what rate per cent., 
not to exceed one per cent., unless the debts to be paid re- 
fpu're it, on all the taxable property in said district, must be 
h'vied to I'aise the amount so estimated, and shall make an 
order thei'elbr ; and the clerk shall enter the same uj)on the 
records of the board. It shall be the duty of tlie clerk of 
said lioard to make out a certified copy of said order, signed 
by the president of the b()ard and attested by the clerk, and 
within ten days from the passage of said order, present the 
same to tbe clerk of the Ixjard of supervisors of Macon 

A.v=<-s;.riy:nts and couiity. Tiic tiix so Icvicd \)y tlic Said board of education, 

-oik-ctionoftax ^^j^,^|| -j^^, asscsscd and collected in tlie same manner and at 

the same time and by the same oflicers that state taxes are 

asses.-ed and collected within the limits of said district, and 

the proceeds paid to the treasurer of said board of educa- 



SCHOOLS. 319 

tion, after deducting therefrom one-lialf the per centage 
allowed for assessing and collecting state taxes. 

§ 13. The said board of education shall transact all busi- Duties of board, 
ness which may be necessary in relation to common schools 
in said district : 

First. They shall establish a sufficient number of com- 
mon schools for the education of every person residing in 
said district over the age of six years and under the age of 
twenty-one years; and shall make the necessary provisions 
for continuing said schools in operation at least nine months 
in every year, except the first year after the organization 
under this act. 

/Second. They shall cause suitable lots of ground to be 
procured, and suitable buildings to be erected, purchased or 
rented for school houses, and shall supply the same with 
fuel, furniture and apparatus ; and may cause said buildings 
and other property to be insured ; and shall make all other 
provisions, relative to schools, which they may deem proper. 

Third. They shall exercise general supervision over the 
common schools of the district, and shall, by one or more of 
their number or by their agent or agents, visit each one of 
said common schools, at least once a month, v/hile they are 
in operation. 

Fourth. They shall appoint all the teachers of said com- 
mon schools, establish rules respecting their qualifications 
and how the same shall be determined, fix the amount of 
the salary or compensation of its teachers, and may dismiss 
any teacher at any time. 

Fifth. They may direct what branches of learning shall 
be taught and what books shall be used in each school. 

Sixtli. They shall have power to establish schools of 
diflPerent grades, and the rules and regulations for the ad- 
mission of pupils into the same, having regard to the quali- 
fications of the pupils ; and they may suspend or expel 
from the schools any pupil found guilty, on a full examina- 
tion and hearing, of refractory or incorrigibly bad conduct. 

Seventh. They may lay ofi" and divide said Decatur 
school district into local districts, and from time to time, alter 
the same, or create new ones as circumstances may require. 

Eighth. They may appoint a board of three persons in 
each local district, to be denominated district directors, and 
prescribe by established rules and regulations the powers 
and duties of such directors, and remove them at their 
pleasure. 

Ninth. They may appoint such other officers, committees 
or agents, as they shall deem best and most conducive to 
the well being of the schools and of school education in said 
Decatur school district. 

Tenth. And generally they shall have and possess all the 
rights, powers and authority necessary for the proper man- 
agement of the schools and the school funds, with the power 



320 SCHOOLS. 

to make all such rules, orders and ordinances as they may 
deem necessary to carry their powers and duties into effect, 
and perfect a good system of public instruction and common 
schools in said district. 
Teachers' sched- ^ i-|-, Xlio Several teaclicrs of said puljlic schools shall 
keep schedules of the pupils attending- the schools, as is now 
required or may hereafter be required of teachers of schools 
by law; and the said board of education shall make returns 
and repoi't to the state superintendent of ])ublic schools or 
other proper otHcer, on all such matters and things as are or 
shall be required by law, and the direction of such superin- 
tendent or other proper ofiicer of any county or township 
oliicer, and shall make such other reports as persons having 
the control of public scliools are or may be re(|uired to make 
by virtue of any law of this state. 
Ann'jai report. i- 15. Said board sliuU, at the end of each year of their 
term of otHce, cause to be prepared and published in one or 
more of the newspa])ers puldished in the city of Decatur, a 
statement exhibiting the condition of schools tor the preceding 
year, which statement shall be substantially as follows, viz : 

Fii'st. The whole nundjcr of schools which have Ijeen 
taught in said year. 

iStcond. What nunnl er of teachers have been employed 
in each school, staling the nauie of each teacher, the time 
eniployed and the compensation paid. 

Third. The whole number of scholars in all the schools, 
giving the number of males and females in each, school 
separately, and the avei-age number in attendance. 

t'ourtk. The amount of all the funds received into the 
treasury during the year, and the sources from whence it 
was received, stating the amount received from each source. 

F'fth. The amount paid out for salaries, rent, fuel, furni- 
tux-e, etc. 

b'luili. The amount and kind of unexpended funds on 
hand at the end of the year. 

>Secent/t. A statement of the total amount received and 
the t(jt;il aiU'iunt \k\\i\ out for school purpo es during the 

Land3^ annexed .t 10. AH ot the territory wliicli, at the time ot the pas- 
sage of this act, or at any time hereafter, may be embraced 
in the corporate limits of the city of Decatur, shall be inclu- 
ded and constitute a part of Decatur school district, and any 
tract or tracts (/f huhl adjoining said districts may be annexed 
to it, on condition that tlireelourths of the legal voters resi- 
ding v/itlun the limits of such tract or tracts shall ])etition 
the b. ard of education to Ije annexed to said district, and 
that their petition shall be granted by the unanimous vote 
of all the members of said board; whenever any territory 
shall be so annexed to and become a part of said district, 
all the provisions ol' this act shall be applicable to it in the 
same manner us they would have been if it had been 



to district. 



SCHOOLS. 321 

embraced within the district at the time of the passage of 
this act. 

§ 17. For any neglect or failure by the said board of Penalty for wi. 
education, or of any member thereof, to fulfill the duties "'■*'°'*"*y- 
required of or imposed upon them by any of the provisions 
of this act, they shall be liable to a penalty of hfty dollars, 
to be recovered in an action of debt, at the suit of any per- 
son who may complain ; and any member of said board who 
shall appropriate to his own use any of the funds that may 
come to his hands, or under his control, belonging to said 
district for school purposes, shall be deemed guilty of a 
misdemeanor, and upon conviction thereof, shall be fined in 
any sum not exceeding five hundred dollars, and imprisoned 
in the county jail not exceeding one year. 

§ 18. The provisions of the last preceding section shall conflicting aeu 
be held to apply to the clerk, treasurer, or any other officer "^^^^ * ' 
or agent elected or appointed in pursuance of this act. 

§ 19. All prior acts or parts of acts inconsistent with the 
provisions of this act, are hereby repealed, and any act of 
the general assembly now in force or hereafter enacted, shall 
not be construed in any manner to repeal, alter or change 
any of the provisions of this act, unless such act shall specifi- 
cally provide for such repeal, alteration or change. 

§ 20. This act is declared to be a public law, and shall 
take effect and be in force from and after its passage. 

Appeoved February 16, 1865. 



AN ACT to legalize a certain tax levied by the school directors of school In force 7«b. II, 
district number three, in township thirty-four, in Grundy county. 1885. 

Section. 1. Be it enacted by the People of the State of 
Illinois^ represented in the General Assembly^ That a certain 
tax levied by the directors of school district number three, t»x logaiiied. 
in township thirty -foar, in Grundy county, in this state, 
during the years 1858 and 1859, or either of them, for the 
purpose of building a school house, and for other purposes, 
be fcud the same is hereby legalized; and the said directors 
are hereby authorized to cause the said tax to be collected 
in the same manner as other taxes are collected. 

§ 2. This act shall be in force from and after its passage. 

Approved February 16, 1865. 



^22 



322 SCHOOLS. 

In force Feb. 16, AX ACT to change the boundaries of school district Xo. 3, in township tsvo 
1565. north, range ten west, iu St. C!;tir c.iunty. 

Section 1. Be it enacted hy the People of the State of 

Illinois, vt presented in the Genercd Assenihly, That all of 

Boundaries of survevs xvo. -il*, 47, -xS, 49, 60, 51, 52, 53, 54, 55, 56, 57, 58, 
Bchooi district. ^,^^ g^^ g^^ ^.,^ ^3^ g^^ ^55^ gg^ g^^ Qg^ (39^ .j-Q^ ^2, 72, 73, 74, 

and 75, and the onedialf (the north westerly end) of surveys 
No. 7(3, 77, 7S, 70, Si>, SI, 82, 83, 84, 85, 86, 87, 88, 89, 90, 
91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 
105 and 106, be and the same are liereby attached to and 
shall hereafter form a part of school district No. 3, in town- 
ship two north, range ten west, in St. Clair conntv. 

This act to take effect from and after its passage. 

2IPPK0YED February 16, 1865. 



In force Feb. 16, AX ACT enabling school directors of a school district therein named to 
1S65. manage and control the school property of said district. 

Section 1. Be it enacted hy the People of the State of 
Illinois, repjrestnttd in the Gtneicd Assembly, That the 
May sell lots. school directoi'S of district number one (1), in township 
number fourteen (14) north, range four (4) east of the fourth 
(4) p. M., in the county of Henry, and their successors in 
oliice, or a majority of them, shall have the power and are 
hereby authorized at any time after this act shall become a 
law, to sell and dispose of for the beiiellt of said school dis- 
trict, lots number (4) and (5) four and live in block number 
six (6) in the original town of Galva, said county, and the 
appurtenances thereto belonging, being the same premises 
now used by said district for school purposes, and to apply 
the proceeds thereof to the purchase and erection of other 
school property; and it is hereby made the duty of the trus- 
tees of said township to nnake conveyance in pursuance of 
such sale of said school district, their successors, or a 
majority of them to tlie purchaser ur purchasers thereof, 
coiieje park :< 2. Tlic title to tlio pubHc sfpiaro in said town of 
Galva, known as "College Fark," is hereby vested in the 
trustees of the said township of Galva for the school purpo- 
ses of said district No. one (1), in said township, and the 
directors of said district, their successors, or a majority of 
them, are hereby authorized and empowered to appropriate 
the same or so much thereof as they may deem necessary 
for the erection of scliool buildings for said district, and for 
school grounds thcretiiito belonging. 

§ 3. This act to take effect from and after its passage. 

Appkoved February 16, 1865. 



vested in t^-us- 
tees. 



SCHOOLS. 



323 



AN ACT to establish union school districts in Akron and Hollock townships, In force Feb. 15, 
in the county of Peoria. ^^^• 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Asseinhly, That the 
north half of section twenty-five (25), and the south half of Limits of district 
section twenty-four (24), and the northeast quarter of section 
twenty-four (24), in township eleven north, of range seven 
east, and the northwest quarter and the south half ot section 
nineteen (19), and the north half of section thirty (80), in 
township eleven north, of range eight east, in the county of 
Peoria and state of Illinois, be and the same are hereby cut 
off and set apart as a separate and independent school 
district in said townships, to be known and designated as 
" The Union School District of Akron and Hollock Town- 
ships, in Peoria County." 

§ 2. The inhabitants in said school district shall have all powers and prir- 
the powers and privileges now possessed or hereafter given ^'^^^^* 
to the inhabitants of other school districts in the said county. 

§ 3. The first election of school directors in said school Directors, 
district shall be held on or before the first day of April, a. 
D. 1865, and the school treasurers of Akron and Hollock 
townships are hereby required to give notice as now required 
by law in districts not having a board of school directors, 
when three school directors shall be chosen to serve until the 
regular time of electing school directors in the other districts 
in said county. All subsequent elections shall be held at the 
same time and in the same manner as now held in other 
school districts in said county. 

§ 4. The school directors, when elected, as provided in powers and i 
the foregoing section, shall have the same powers and be ''^^"^'• 
subject to the same liabilities as the school directors in the 
other school districts of the said county. 

§ 5. The school treasurers of the town of Akron and Funds to be paid 
Hollock are hereby required to pay to the school directors °^^'^' 
of said union district, when elected as aforesaid, the amount 
of money assessed on the above described real estate for 
school purposes, including the two mill tax, for the year a. 
D. 1864. 
^_ § 6. This act shall be in force from and after its passage. 

Approved Februar}'- 15, 1865. .. ;.. 



AN ACT to establish the Charleston Union School District, in the county of In force April 17, 
Coles, and state of Illinois. ^'^^• 

Section 1. Be it enacted ly the People of the State of 
Illinois, represented in the General Assembly, That sections 
numbers one, (1,) two, (2,) three, (3,) ten, (10,) eleven, (11,) Boundaries of 
twelve, (12,) thirteen, (13,) fourteen (14) and fifteen, (15,) ^'"'"'''' 



324 



SCHOOLS. 



Act to be voted 
on. 



Judjres 
tlon. 



Bleetlon notice. 



in township number twelve (12) north, range nine east, in 
the county of Coles, and state of Illinois, is hereby formed 
into and is constituted one permanent school district, by the 

Ktant. name of the " Charleston Union Graded School," for school 

purposes, and, as such, shall have all the rights and privi- 
leges, and be governed by the same laws as other school 
districts in this state, except as hereinafter otherwise pro- 
vided. 

§ 2. That in order to organize said district, under this 
act, written notices shall be posted up in three or more of 
the most public places in said contemplated district, rerpiest- 
ing the qualilied electors in said district to assemble upon a 
day, and at some suitable place in said district, to be named 
in said notices, then aud there to vote, by ballot, for or 
against the adoption of this act ; which said notices shall be 
so posted up at least ten days next prior to said meeting, 
of eiec- § 3. That the electors assembled at said time and place, 
shall proceed to appoint a chairman, assistant chairman and 
a clerk, who shall be judges of said election ; that the elec- 
tors in favor of the adoption of this act for this district, shall 
write upon their ballots "school law," and those opposed 
thereto shall write upon their ballots "no school law ; " the 
adoption or rejection of this act to be determined by a major- 
ity of the votes to be cast, as aforesaid. 

§ 4. That in case a majority of votes shall have been 
cast for said law, the electors of said district shall assemble 
at the place last aforesaid, within thirty days of the time of 
the adoption of this act, of which at least ten days' previous 
notice shall be given by said chairman and clerk, in manner 
aforesaid, and shall then choose, by ballot, six directors of 
the public schools of said district, two of whom shall serve 
for one year, two for two years, and two for three years, 
and until their successors are elected and qualified. The 
time that each shall serve to be designated on the ballots; 
and annually thereafter there shall be chosen, in the same 
manner, two directors, each of whom shall serve for three 
years, and until their successors shall be elected and quali- 
fied. Such vacancies as may occur to be filled by the act- 
ing directors, till the next annual election, when such va- 
cancies shall be filled by the electors. 

organixation. ^ 5^ That Said directors, within ten days after their 

election, as aforesaid, shall meet and organize by choosing, 
from their number, a president, clerk and treasurer ; that 
said treasurer, before he enters uj^on the duties of his office, 
shall give hond to tlie people of the state of Illinois for the 
use of the inhabitants of said district, with security, to be 
approved by said board, and to bo by them kept conditioned 
for the faithful discharge of his duties as such treasurer, a 
true and certified copy of which bond shall be filed with 
the school commissioners, or county superintendent of said 
Coles county ; and the same shall be a lien upon all tlie real 



Yem of office. 



SCHOOLS. 



325 



estate owned by the obligors, from the time the same shall 
be so filed. 

§ 6. That said directors and their successors in office, Name of board, 
shall be a body corporate, by the name of the board of ed- 
ucation of Charleston Union school district, and as such 
and by such name shall receive all moneys and other prop- 
erty belonging to or accruing to said district, or any part of 
the same, for the use and benefit of the public schools 
therein; and said board shall be capable of contracting and powers and priv- 
being contracted with, suing and being sued, pleading and ^^''^^^' 
being impleaded, in any court of law or equity, and, also, 
shall be capable of receiving any gift, grant, bequest or de- 
vise, made for the use and benefit of the public schools of 
said district ; and the school commissioner or other proper 
officer, shall pay over to the treasurer of said board of edu- 
cation said district's proper proportion or share of the school, 
college and seminary fund of the two mill tax, interest, 
fines and all other moneys distributed, or to be distributed, 
for school purposes, according to the laws of this state for 
eacli apportionment or distribution treating such district for 
this purpose the same as a township. 

§ 7. Said board of education may hold stated meetings stated meetings 
at such times and places in said district as they may ap- 
point four members of said board, at all meetings thereof con- 
stituting a quorum to do business, that special meetings there- 
of may be called by the president, or by any two members of 
the board, on giving one day's notice of the time and place 
of the same ; and said board, by resolution, shall direct the 
payment of all moneys that shall come into the hands of 
said treasurer ; and no money shall be paid out of the treas- 
ury except in pursuance of such resolution, and on the writ- 
ten order of the president, countersigned by the clerk. 

§ 8. It shall be the duty of said board of education, so Primary schools, 
soon as the means for that purpose can be provided, to es- 
tablished, in said district, an adequate number of primary 
schools to be so located, as best to accommodate the inhabi- f ; • ••' 
tants thereof, and in which the rudiments of an education 
shall be taught ; and it shall be the further duty of said Higher schools, 
board to establish in said district a suitable number of 
other schools of a higher grade or grades, wherein instruc- 
tion shall be given in such studies as may not be provided 
for in the primary schools ; the number of schools and dif- 
ferent grades thereof, to be determined by said board ; and 
it shall be the further duty of said board to determine and 
direct what branches shall be taught in each and all of said 
schools or grades. 

§ 9. Admission to all said schools shall be gratuitous to Admission, 
the entire English or scientific course of studies established 
in any of said schools to the children, wards and appren- 
tices of all actual residents in said district, who may be en- 
titled to the privileges of the public schools, under the 



326 SCHOOLS. 

Proviso. o;enGral school laws of this state : Provided, that nothino- 

herein contained shall prevent pupils from being suspended, 
expelled or kept out of said scliools altogether for improper 

Nonresident pu- couduct : Anct^ j^rovlded^ j-U)'tJier^ that said boird shall have 

^'^^' full power to admit to said schools other and non-resident 

pupils, upon such terms and upon the payment of such 
sums for tuition as they may prescribe, and to demand and 
collect such rates of tuition from such pupils or their pa- 
rents or guardians, as reside in or out of said district, and 
receive instruction in either foreiirn or dead lann-uages. 

Rules ana laws. ^ 10. Said boai'd of education shall have power to make 
all necessary rules and regulations for the control and gov- 
ernment of said schools ; to prescribe and enforce rules for 
the admission of pupils into the same, not inconsistent with 
the preceding section, and the examination that pupils must 
pass preparatory to admission into schools of higher grades 

Divisions of dis- tluin primary, to temporarily divide said school district into 
*"'^'" divisions or sections, if they shall think proper; to purchase 

grounds and sites for school houses; to hii'e, erect, repair and 
furnish an adequate number of school rooms and buildings, 
and furnish schools with necessary fixtures, furniture and 
apparatus, etc. ; and to borrow money to pay therefor, on 
a vote of the district; to employ and lix the compensation of 
teachers, and to maintain, support, establish and carry on a 
sufficient number of public schools therein, to accommodate 
all the children of the prescribed age in said district, for 
such length of tim.e, in each year, not less than thirty-two 
weeks, as they may deem proper; to levy annually and have 
collected, in the same manner as other school directors, for 

Annual tax. scliool purposcs, a tax not exceeding, in any one year, three 
dollars on the one hundred dollars assessed valuation of all 
the taxable ]>roperty in such district as is subject to taxation 
therein ; and, generally, to have all the powers conferred by 
law upon directors of schools, and that may be necessary to 
fully carry any of the powers granted in this act into elfect. 

Annual report. | H. It shall be the further duty of said board to keep 
an accurate account of their proceedings, and of their re- 
ceipts and disbursements for school purposes ; and at the 
annual meeting for the choice of members of the board in 
said district, to make report of such receipts, and the source 
from which the same were derived ; and of said disburse- 
ments and the objects to which they were applied ; and 
they shall also make report at the same time of such other 
matters relating to said schools, as the}' may deem the inter- 

Ab-^tractof chii- ests of tlic saiuc to require; and they shall, also, make out 
and furnish, or cause to bo made out and furnished to the 
Rchor)! c;onimissi(»ner or county su])erintcndent of Coles 
county, an abstract of the whole numl)or of white children, 
under the age of twenty-one years, and such other facts and 
statements Jis are required by the school law, at the times 



SCHOOLS. 327 

and in the manner required by law of other school ofiicerSj 
under the general school laws of this state. 

§ 12. That said board of education, within twenty days school exami- 
after their election, shall appoint three competent persons, 
citizens of said district, to serve as school examiners of the 
public schools therein ; one to serve for one year, one for two 
years and one for three years, from the time of their ap- 
pointment, and until their successors are appointed ; and 
annually thereafter, said board shall appoint one examiner to 
serve for three years, and until his successor is appointed, 
and said board shall fill all vacancies that may occur by death, 
removal or otherwise ; said examiners, or any two of them, 
shall examine any person that may apply to them for that 
purpose, with the intention of becoming teachers in any of 
the schools in said district ; and if they found the applicant 
qualified to teach, in any of said schools, and to govern the 
same, and of good moral character, they shall give such ap- certificate to 
plicant a certiticate naming the branches in which the holder 
was found qualified to teach ; and no person shall be allowed 
to teach in any of said schools without such certificate ; and 
said examiners may, in all cases, when two of their number 
concur, annul such certificate, and when so annulled, the 
person holding the same shall be discharged, as a teacher, 
in any of said schools ; said examiners shall, also, sepa- visitation. 
ratel}'^, or otherwise, together with said board of education, 
or any of them, or such other persons as they may appoint 
or invite, visit said schools as often as twice in every week, 
and observe the discipline, mode of teaching, progress of 
the pupils, and such other matters as they may deem of in- 
terest, and make such suggestions, and report thereon to 
said board, as they may think proper, which may be pub- 
lished at the discretion of the board. 

§ 13. That said board of education shall be successors to Board successors 
the school directors of schools in school districts numbers 
one and five, which school districts are, by this act, consoli- 
dated and formed into one district, for the uses and pur- 
poses hereinbefore expressed ; and all the school houses, 
buildings, furniture, fixtures, apparatus and any and all 
other property belonging to and situate in either or both of 
said districts, are hereby transferred to and vested in the 
district formed by this act, and to be and remain under and 
subject to the full and complete control and management of 
said board of education, for educational purposes. And said 
board shall have full power, and it shall be incumbent on 
said board, in good faith, to carry out and fully complete all 
contracts heretofore entered into by the directors of said 
school districts numbers one and five, for erecting and re- 
pairing school houses in said districts, and furnishing fur- 
niture, apparatus and seats for the same. 

Approved February 16, 1865. 



32S SCHOOLS. 

In force Feb. 16, AX ACT to incorporate the Fairburg Union Scliool District. 



isoo. 



Section 1. Be it enacted hy the Peojjle of the State of 
Illinois^ represented in the General Assembly^ That sec- 
Limits of school tioTis 1^1, 2, 3, 4, 5, (), 7, 8, 9, 10, 11 and 12) one, two, three, 
four, live, six, seven, eiglit, nine, ten, eleven and twelve, in 
townsliip twenty-six north of range six east of the 3d 
principal meridian, including the corporate limits of the vil- 
lage of Fairburg and its additions, and sections thirty-three 
and thirty-four in township twenty-seven north of range six 
east of the 3d principal meridian, shall constitute a school 
district to be know^n as '• The Fairburg Union School Dis- 
trict." 
Election of board ^ 2. That a board of education, consisting of six mem- 
bers, a majority of wdiom shall constitute a quorum to do 
business, shall be elected hj the legal voter? of said district 
on the lirst Tuesday ot April or on any following Tuesday, 
A. D. 1865, two of said board holding their othce for the 
term of one year, two for the term of two years, and two 
fur the term of three years, and that two shall be elected 
annually thereafter on the tirst Tuesday of April, to hold 
their othce for the term of three years and until their suc- 
cessors are elected and qualitied. They shall when elected 
severally take an oath faithfully to dischaige the duties of 
their oltice according to the best of their judgment and 
ability. 
Judges and clerk § 3. Thc board of cducatiou shall cause their clerk to 
post up notices of the time and place of holding said elec- 
tion in at least live of the most public places in said district, 
at least ten days previous to the tinie of election. Two of 
the members of the board of education shall act as judges 
and one as clerk of said election : Provided, that the trus- 
tees of shools of the aforesaid township 26, north, six 
east aforesaid shall cause the notice for the lirst election un- 
der this act to be posted up, two of whom shall act as 
judges and clerks of said election. Should said trustees 
fail to post said notices, it shall be done by the supervisor, as- 
sessor and town clerk of the aforesaid township, called 
Indian Grove, and in this latter case said supervisor, asses- 
sor and town clerk shall appoint two persons to act as 
judges and one as clerk of said election. 
Powers of board. § 4. The Said board of education when so elected, and 
their successors in office shall have the authority of town- 
ship trustees in the aforesaid district; and the township 
school trustees and township treasurers in townships tw^ent}^- 
six north and twenty-seven north aforesaid shall pay over 
to said board of education such share of the public school 
fund and township fund, and all other school funds as justly 
belong to said Fairburg union school district, said funds 
being divided j'//'6' r^to according to the number of scholars 
taken from the respective townships, and thereafter the au- 



SCHOOLS. 329 

thority of the aforesaid township school trustees shall cease 
within said school district. 

§ 6. Said board of education shall be a body corporate Name and style. 
and politic, by the name and style of " The Board of Edu- 
cation of the Fairburg Union School District,'' and may Rights and pow 
have a common seal and change the same at pleasure, and *'"' 
as such may contract and be contracted with, sue and be 
sued, plead and be impleaded, in and before any tribunal 
having jurisdiction. Any member of the board, having re- 
ceived live days' notice that such vote will be taken, may be 
removed from office for neglect of duty or improper con- 
duct, by the concurring vote of all other members of the 
board. In case of a vacancy by such removal or otherwise, 
between the times of election, the same shall be tilled by 
the remaining members of the board by appointment, and 
the person so appointed shall hold the office until the next 
election and until his successor is elected and qualitied, and 
he shall have all the powers and shall be required to per- 
form all the duties as if he had been elected to said office at 
a regular election. 

§ 6. It shall be the duty of the board of education to Monthly meeting 
hold regular meetings, once each month, during the year; 
and they may meet, by adjournment, at such other times 
and places as they may think proper ; and the president of 
the board, or any two members, may call a special meeting 
of the board, by giving live days' notice of the time and 
place to the other members of the board. Said board shall 
organize within live days after said election, by appointing 
one of their number president of the board. Said board 
shall also appoint a clerk and treasurer, neither of whom 
shall be required to be members thereof. And said treasu- 
rer shall execute to said board such official bond, with such 
conditions and such security as the board may require ; 
said bond being at least double the amount that may come 
into his hands. Said president, treasurer and clerk shall 
hold their offices for one year and until their successors shall 
be elected and qualified. Said clerk and treasurer may be 
removed from their offices, at any time, by the said board. 
It shall be the duty of the president, when present, to pre- 
side at all the meetings of the board. And it shall be the Record of acti. . 
duty of the clerk to be present at said meetings, and to 
record in a book to be kept for that purpose all the official 
proceedings of said board ; which record shall be open to 
the inspection of any person interested ; and said proceed- 
ings, when recorded, shall be signed by the president and 
the clerk, and a copy thereof, certilied by the clerk, shall be 
jpriraa facie evidence of such proceedings in courts and 
other places. If the president or clerk shall be absent the 
board may appoint a president and clerk, pro term. The 
duties of the treasurer shall be such as shall be prescribed 
by the said board. 
— *23 



330 SCHOOLS. 

Abstract of chii- § 7. It sliall be tliG dutj of Said board to cause an ab- 
stract of the T^'hole nmnber of pGrs(^ns under the age of twen- 
ty-one years, in said Fairbnrc: union school district, to be 
fnrnisliei!, annually, to school commissioner or other proper 
officer, (ni or before the iirst day of November ; and the 
school commissioner or other officer, as aforesaid, shall, an- 
nually, pay to the treasurer of said board of education the 
proportion of the school, seminary, college fund and state 
tax, and all other taxes and funds to ^vhicll said Fairburg 
union school district would be entitled, according to the 
number of persons, aforesaid, under the age of twenty-one 
years, and shall take duplicate receipts therefor, one of 
wdiich he shall retain, the other to be tiled with the clerk of 
the board of education. Said board shall, at the same time, 
make a report of the condition of the schools, the text 
books used, the number of scholars in attendance, the aver- 
age daily attendance, and such other information as may be 
required by law. 

School tax. ^ 8_ gaid board shall, on or before the first day of May, 

in each year, cause to be raised, b}'' taxation, in addition to 
the state and township fund, a sum sufficient for the sup- 
port of schools in said district the ensuing year ; said tax 
to be levied on all the taxable property in said district, and 
not to exceed one per cent, on the asses&ed value of said 
property ; they shall fix upon and determine the rate per 
cent, for each year; they shall make an order therefor, and 
shall enter the same on the records of said board ; and said 
board shall, within thirty days thereafter, furnish the county 
clerk w4th a copy thereof, certified by the clerk of said 
board. Said county clerk shall compute said tax in the 
same manner and at the same time as the state and county 
tax, and the same shall be collected as other revenue. 
"When so collected it shall be paid l>y the collector to the 
treasurer of said board of education, and duplicate receipts 
taken therefor, as aforesaid. 

School houses R Q^ YoY the purposc of erectinir school houses and pur- 
chasing school house sites, or tor repairing and improving 
the same, for procuring furniture, fuel and district libraries, 
the board of education of said district shall have power to 

Special tax. levy or have levied and collected a tax, not to exceed one 
cent and five mills on the dollar, on all the taxable property of 
said difstrict. Said board shall, also, have power, for the 
purpose of erecting school houses and ])uchasing sites for 
school houses, to borrow, at a rate of interest not to exceed 
ten ])(r cent, per annum, and issue bonds therefor, in sums 
not less than one hundred dollars; which bonds shall be 
executed by the pi'es^idcnt and clerk of said board: Pro- 
vided, that the total indcibtedness incurred by said district, 
under this section, shall not at any time exceed three per 
centum of the assessed value of all the taxable property in 
Baid district. 



SCHOOLS. 331 

§ 10. The board of education shall transact all the busi- Duties of board, 
ness which may be necessary in relation to the schools of 
said district. 

First. The said board shall establish a sufficient number 
of schools for the education of all persons under the age of 
twenty-one years ; they shall have power to establish differ- 
ent grades in such schools and put such a course of study 
in each of said grades as they may think pro2}er. 

Second. Said board shall cause suitable lots of ground to 
be procured and suitable buildings to be erected, purchased 
or rented, for school houses, and shall supply the same with 
furniture and fuel, and may cause said buildings and other 
property to be insured, and shall make all other provisions 
relative to schools that they may deem proper. 

Third. Said board of education may employ a superin- 
tendent, who shall, under the direction of the board, have 
general supervision of all the schools. Said board shall^ by 
one or more of their number, visit each one of said schools 
at least once in each month, and shall cause the result of 
said visit to be entered on the records of the boards 

Fourth. Said board shall have power to appoint all the 
teachers of said schools, fix the amount of their salaries, 
and may dismiss them, at any time, for incompetency, 
cruelty, negligence or immorality. And said board shall 
direct what branches of learning shall be taught in each 
school, and may suspend or expel from school any pupil 
guilty of bad conduct : Provided., however^ that in the se- 
lection of assistant teachers the superintendent may be con- 
sulted by the board. 

Fifth. Said board shall have entire control of the school 
fund of said district, whether consisting of the portion of 
the school, seminary or township fund belonging or to 
belong to said district, as aforesaid, or raised by taxation , as 
aforesaid, or otherwise ; to be used and applied by them for 
the purposes aforesaid ; and no money shall be paid out of 
the treasury of said board except upon the order of said •f'^*'" 

board therefor. 

§ 11. Said board of education shall, at the end of each what annual re- 
year, cause to be prepared a statement, exhibiting the con- p^"^' *« contain, 
ditien of the schools ; which statement shall be substantially 
as follows, viz : 

First. The whole number of schools which have been 
taught in said year ; what number have been taught by 
males exclusively ; what number have been taught by fe- 
males, and what part by males and females. 

Second. The whole number of scholars in all the schools, 
giving the number of males and females in each, and aver- 
age daily attendance in each school ; and, to enable them to " 
do this, they shall require the teachers to keep correct 
schedules of the attendance. 



332 SCHOOLS. 

Third. The aggregate number of male and female teach- 
ers ; the highest, lowest and average monthly compensation 
paid to teachers. 

Jtourth. Tiie amount of money received from school 
commissioner or other officer and from taxes, and the 
amount of all other funds received into the treasury of the 
board. 

Fifth. The amount and kind of unexpended funds on 
hand at the end of each year. 

Sixth. The amount paid for teachers' wages, for school 
house lots, for buihling, repairing, renting, purchasing and 
furnishing school houses ; for school apparatus ; amount 
paid as compensation to school officers and for other ser- 
vices ; and in every case stating to whom paid and for what 
purpose. 

hSevenih. A statement of the total amount received and 
paid for school purposes. 
Fowersof board. g 12. Said board may receive any gift, grant, donation, 
devise, bequest or legacy nuide for the use of any school or 
schools or library or other school purposes within _ their 
jurisdiction ; and they shall be and are invested, in their 
corporate capacity, with the title, care and custody of all 
school houses, school sites, libraries, apparatus and other 
property belopging to said school or schools, aforesaid, or 
which may be within their jurisdiction, with full power to 
control the same, in such manner as tliey may think will pro- 
mote the interests of the schools and the cause of education ; 
and when, in their opinion, any school house or school house 
site has become unnecessary, inconvenient or unsuitable lor 
a school, said board may sell and convey the same, in the 
name of the board ; and such conveyance, as well as all 
other conveyances, contracts and assignments of the board, 
shall be executed by the president and clerk, and the avails 
of all sales shall be jDaid to the treasurer of said board, for 
the benefit of schools. 
By-iaw3. § 13. Said board of education may make such by-laws, 

rules and regulations as may be absolutely necessary to the 
exercise of the foregoing powers. 
Annaai report. § 14:. The annual report of the board of education shall 
be submitted at the time of the election for members of the 
board of education. Said election shall be held at such 
time and ])lace and be conducted in such manner as may be 
pjrescribed by the board of education : Provided., the elec- 
tion shall be by ballot. 

§ 15. This act shall be deemed a public act, and shall 
take effect and be in force from and after its passage. 

Appkoved February IG, 18G5. 



SCHOOLS SHEEP GROWERS. 333 

AN ACT to enable Winchester school district to issue bonds. In force Feb. 16, 

1866. 

Section 1. Be it enacted hj the People of the State of 
Illinois^ represented in the General Assembly^ The directors 
of school district number three, township fourteen, range Directors to u- 
twelve, commonly known as the Winchester school district, ^'^e^onds. 
in Scott county, Illinois, are hereby authorized and empow- 
ered to issue the bonds of the district to the extent of ten 
thousand dollars, in the year 1865, and of five thousand dol- 
lars in the year 1866, for the purpose of raising funds with 
which to build a district school house. 

§ 2. Said bonds shall be signed by at least two of the Bonds, ho^rexe- 
school directors of the district aforesaid, and shall bear inte- *^'^'^**' 
rest at a rate not exceeding ten per cent, per annum. They 
shall be redeemable in not less than live years, and the time 
of redemption thereof, or of any portion of the same, may 
be extended to a period not exceeding ten years from the 
time of issue, at the option of the directors. 

§ 3. On issuing bonds, as aforesaid, the directors may, 
themselves or by their agents, negotiate the same and con- 
vert the same into current funds, and apply the proceeds of 
such negotiation to the purposes contemplated in this act : 
Provided^ hoioever^ such bonds shall not at any time be ne- Proviao. 
gotiated at less than par. 

§ 4. The proceeds of such taxes as maybe levied on Proceeds of tax. 
the inhabitants of the district aforesaid, by the directors 
aforesaid, in accordance with section forty-seven of "An act 
to establish and maintain a system of free schools," approved 
February 22, 1861, shall be applied, 1st. To the payment of 
the necessary expense of maintaining schools in said district. 
2d. To the payment of the interest, each year, as it may ac- 
crue on said bonds and the same be presented for payment ; 
and 3d. To the creation of a fund with which to redeem 
said bonds at the expiration of the time for which they were 
designed to remain outstanding. 

§ 5. This act shall be in force from and after its passage, 
and the secretary of state shall immediately, on its passage, 
certify the same to the directors of the district to be benefitted 
hereby. 

Approved February 16, 1865. 



AN ACT to protect sheep growers in the counties of Henry and Bureau. In force Feb. 16, 

1865. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That the 
board of supervisors of Henry and Bureau counties shall Annual dog tax 
hereafter cause to be levied an annual tax, of not less than ^^^^*^" 



33-i SHEEP GROWERS — TAXES. 

two nor more than live dollars, on eacli and every dog in 
the said comities of Henry and Bureau, said tax to be as- 
sessed, levied and collected in the same manner as the coun- 
ty tax on personal property is assessed, levied and collected 
in said county. 

§ 2. Tlie money collected by virtue of this act shall be 
appropriated in such manner and for such purposes as the 
board of supervisors of the said connty of Henry may direct. 

§ 3. This act shall take etfect and be in force from and 
after its passao:e. 

Approved February 16, 1865. 



In force Feb. 16, AX ACT to protect sheep growers in the counties of Whites'.de and Winne- 



1S65 



bago. 



Section 1. Be it enacted by the People of the State of 
Illinois^ represented in the General Af^semhly^ That the 
Annual dog tax boards of supcrvisors of the counties of Whiteside and Win- 
*'^'^ ■ nebago shall hereafter levj^ an annual tax of not less than 

three nor more than five dollars on each and every dog in 
the said counties of Whiteside and Winnebago, said tax to 
be levied and collected in the same manner as the county 
taxes on personal property are levied, assessed and collected 
in the said counties. 

§ 2. The money collected by virtue of this act shall be 
appropriated in such manner and for such purposes as the 
boards of supervisors of the said counties may direct. 

§ 3. This act shall be in force from and after its passage. 

Approved February 16, 1865. 



In force Feb. 16, AN ACT to postpone the collection of the revenue for a. d. 1864, in the 
1''^^- township of Galva, Henry county. 

Section 1. Be it enacted by the People of the State of 
Illinois^ represented in the General Assembly^ That the time 
Time extended, for thc rctum by the said township collector of Galva of 
the warrant issued for the collection of taxes for the year 
eigliteen hundred and sixty-four, is hereby extended until 
the fifrec'Tith day of March a. d. 1S05; and until the lifteenth 
dav of March, 186."), the said township collector shall have 
and possess all the jjowcr to enforce the payment and col- 
lection of Kaid taxes, wliich he might or could exercise be- 
fore the return day of the resj)ective warrants issued, and as 
now required by law. 



TAXES. 335 

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

Approved February 16, 1865. 



AN ACT to reduce the back taxes in the town of Oilman, Iroquois county. In force Feb. 15, 

' ^ ^ 1865. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the col- 
lector of taxes of the county of Iroquois be and he is hereby Reduction of as- 
instructed, and it shall be his duty, to reduce the assessed 
valuation of such town lots of the town of Gihnan, in said 
county, for the years a. d. Ib60, 1861, 1862 and 1863, upon 
which taxes for those years remain due and unpaid, to an 
amount equal to the price for which said lots sold bona fide 
at public sale for cash in the year 1862, as appears from the 
records on Hie in said county, said price to be considered 
and become the assessment for taxation of said lots respect- 
ively, instead of the former assessment for the above men- 
tioned years. And the said collector shall compute the taxes 
on all the lots in the town of Gilman, for each and all of 
said years, upon said amended assessment, and shall receive 
said computed amount of taxes, in full payment of all taxes 
now due and unpaid, for said years upon said lots. 

§ 2. Be it further enacted, That the auditor of state be. Auditor to settle 
and he is hereby instructed, and it shall be his duty, to settle ^'^^ collector, 
with said collector of Iroquois county for all the taxes due the 
state and unpaid on said lots and lands in said town of Gil- 
man, on the basis mentioned in section one of this act. 

§ 3. This act is declared a public act, and shall be in 
force from and after its passage, and all laws, or parts of 
laws, inconsistent with the provisions hereof are hereby re- 
pealed. 

Approved February 15, 1865. 



AN ACT to authorize the Board of Supervisors of the county of La Salle to In force Feb. 15, 
correct the levy and assessment of taxes agaiast the First National Bank ^^^^• 

of La Salle. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, Tliat the 
board of supervisors of the county of La Salle be and they Levy corrected. 
are hereby expressly authorized and empowered to correct 
the levy and assessment of state, countv and town taxes 
against the "First National Bank of La Salle," for the year 



336 TAXES. 

A. D. ISOi, and to reduce the same to such sum as, in their 
judj^nient, shall seem just and proper. 

^ 2. Tiiis act shall take eltect and be in force from and 
after its passage. 

Appkovkd February 15, 1805. 



In force Feb. 15, AX ACT to authorize the county of McDonough to issue bonds and to levy 
■'■^'^- tuxes tor tlie purpose of building a court house in said county. 

Sectiox 1. Be it enacted hy the Peoj^le of the State of 
Illinois, /'eprese/itcd in the. General Assembly, That the board 

May issue bonds, of supcrvisors in the county of McDonough be and they are 
hereby authorized and empowered to issue bonds of said 
county, not to exceed in value the sum of fifty thousand 
dollars, which said bonds shall be payable in not less than 
iive nor more than twenty years, and bear interest at a rate 
not exceeding ten per cent, per annum, and to levy a tax on 
all the taxable property in said county to raise funds to 
liquidate said bonds and the interest thereon, for the pur- 
pose of building a court house in said county ; that before 
any bonds shall be issued as aforesaid, the supervisors of 
said county shall give notice, at a regular session thereof, 
that they will at the next session of their board move to is- 
sue bonds as aforesaid, and shall cause a notice thereof to 
be published in all the newspapers published in said county 
at least six weeks prior to the meeting of said board of su- 
pervisors, when said bonds may be issued ; and no bonds 
shall be issued unless two-thirds of all the supervisors in 

Special tax. Said couuty shall vote therefor. Said supervisors may, at 
their discretion, in lieu of issuing bonds as aforesaid, levy a 
tax on all the taxable property in said county, not to exceed 
ten cents on each one hundred dollars per annum, until the 
sum of lifty thousand dollars be raised for the purpose afore- 
said. 

Tax, how col- g 2. All taxes that may be levied as aforesaid, shall be 
collected at the same time, in the same manner, and by the 
same otHcers who may collect the revenue for state and 
county purposes, and the laws now in force for the collection 
of state and county revenue shall be in force and applicable 
to the collection of the taxes provided by this act. 

§ 3. This act is hereby declared to be a public act, and 
shall take eifect and be in force from and after its passage. 
ApriiovKu February 15, 1805. 



TAXES. 337 

AN" ACT to enable the inhabitants of Pontiac township, county of Livings- In force Feb. 16, 
ton, in the state of Illinois, to levy a tax for the purpose of experimenting 1866. 

for stone coal, coal oil and other minerals, in the vicinity of Pontiac, Illi- 
nois. 

[Section 1 .] Be it enacted hy the People of the State of 
Illinois^ represented in [the] General Assembly^ That the clerk 
of the county court of Livingston county, in the state of Special tax. 
Illinois, be required to apportion and extend a tax of lour 
mills on every one dollar's valuation of taxable property in 
town twenty-eight (28) north, range live (5) east, including 
the corporation of the town of Pontiac, on the collector's 
book for said township for the year a. d. 1865, in a column 
by itself, styled "coal experiment tax ;" said tax to be col- 
lected as other taxes are by law for county, state and other 
purposes, and when collected, to be paid over to Nelson Examination for 
Buck, William B. Lyon and Jonathan Dufi', who are hereby 
appointed commissioners for the purpose of procuring ma- 
terials for and conducting all operations necessary for a pro- 
per examination for stone coal, coal oil and other minerals, 
in the vicinity of said town of Pontiac, Said commissioners 
shall give bond to the supervisor of said town of Pontiac, 
for the use of the inhabitants thereof, in double the amount 
of the sum raised by said tax, conditioned for the due and 
proper application of all moneys so coming into their hands 
as such commissioners, to the purposes aforesaid. Any 
moneys left unexpended after making experiments, satisfac- 
tory to said commissioners, shall be paid over by said com- 
missioners into the general school fund of the town of Pon- 
tiac, and shall form a part of said school fund. 

This act to be in force from and after its passage. 

Approved February 16, 1865. 



AN ACT to authorize the levy and collection of a tax in the towns of Rivoli I" force Feb. 15, 
and Richland Grove, in the county of Mercer, for the payment of bounties ^^^' 

to persons mustered into the service of the United States. 

Section 1 . Be it enacted by the People of the State of 
Illinois^ represented in the General Assembly^ That the boards 
of town auditors of the towns of Pivoli and Richland ^^^Sniea*^ ^""^ 
Grove, in the county of Mercer, are hereby authorized, at 
any regular or special meeting, to require the town clerks to 
levy such special tax upon all the taxable property in said 
towns, not exceeding four dollars on each one hundred dol- 
lars' valuation, as they may deem necessary, to raise a suffi- 
cient fund to enable said boards of auditors to offer and to 
pay a suitable bounty to such number of men as may be re- 
quired to fill the quotas of said towns, or to pay to those 
—^24 



338 



TAXES. 



lected. 



who may be drafted from said towns into the services of the 
United States. 

Tax, when col- § 2. Said boards of town auditors may prescribe the 
time when any special tax, levied under the provisions of 
section one of this act, shall be collected and paid, and when 
said tax, or any part thereof, shall be collected, the same 
shaU he set apart as a special lund for the payment of said 
bounties, and for no other purpose whatever, and shall be 
known and designated as the ''bounty tax fund."' 

Tax, how col- § 3. All taxes levied under the provisions of this act 
shall be collected in the same manner as county taxes are 
collected, but the commission for collecting the same shall 
only be one-half the per centage now allowed by law for 
collecting county revenue. 

Soldiers' proper- g J.. Xlic boards of towu auditors of said towns of Rivoli 

tv not. tavflnip- i t -v i i i /- 

and iuchland Grove may instruct the town clerks not to ex- 
tend the tax upon the property of those now in the service 
of the United States, and in other cases of volunteers not 
now in said service, where the collection of said tax would 
be manifestly unjust. 
When to pay ^ 5. The towu collcctor shall, at least once in ten days, 
pay over to the persons appointed by said boards of town 
auditors for that purpose, all town tax collected under the 
provisions of this act. 

§ 6. This act shall be in force on and after its passage. 
Appkoved February 15, 1865. 



tj- not taxable. 



over. 



In force Feb. 9j AX ACT to extend the time of the collection of taxes in Stephenson and 
^^^•^- Knox counties, and to authorize Stephenson county to fund its debt and 

levy a bridge tax. 

Section 1. Be it enacted hy the People of the State of 
lllhnou^ represented in the General Assembly^ That the time 
Tim* extended, for the rctum by the township collectors of the warrants is- 
sued for the collection of taxes for eighteen hundred and 
sixty-four for Stephenson and Knox counties is hereby ex- 
tended until the fifteenth day of March next, and until said 
fifteenth day of March, township collectors shall possess all 
the powers to enforce the payment and collections of taxes 
which they might or could exercise before tho; return day of 
their respective warrants, by the laws now in force, at the 
time said warrants issued : J^rovided, that the township col- 
lectors of the several towns in said counties shall, on the 
iirst day of ^larch next, j)ay over to the officers entitled 
thereto, all state, county, town or special taxes collected by 
them up to that date, and shall make and file with the county 
treasurers of said counties an affidavit stating the amount of 
taxes so collected by them. 



TAXES. 339 

§ 2. JSTothing in this act contained shall be deemed or Limit of thi» act. 
taken to change the law for the collection of the revenue 
except for the year eighteen liundred and sixty-four. 

§ 3. The sureties on the bonds of township and county 
collectors shall not be released nor their liability aflfected by 
the provisions of this act, and township collectors sliall be 
and continue to be subject to the same penalties and liabili- 
ties for nonfeasance, misfeasance or malfeasance in office, to 
which they were liable during the time allowed them by 
law for the performance of their duties if this act had not 
been passed. 

§ 4. The board of supervisors of said county of Stephen- Stephenson co. 
son are hereby authorized, for the purpose of funding the ™*y"^"®''°'»^» 
debts of said county, at any regular or special meeting, to 
issue the bonds of said count}^, in suras of not less than one 
hundred dollars, payable in not less than one nor more than 
five years, with interest coupons attached, at a rate not ex- 
ceeding ten per cent, per annum. Said bonds shall be sign- 
ed by the chairman of the board of supervisors, attested by 
the clerk of the county court, and countersigned by the trea- 
surer; and the whole amount of said bonds issued shall not 
exceed one hundred and fifty thousand dollars. 

§ 5. Said board of supervisors of Stephenson county are special tax. 
hereby authorized to levy, at their annual meeting, such 
special tax, not exceeding ten mills on the dollar, on the 
taxable property of said county, as they may in their discre- 
tion deem necessary, for the purpose of building or repairing 
bridges over the Pecatonica river, in said county, which tax 
shall be known as the "bridge tax." 

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

Approved February 9, 1865. 



AN AGT to enable the towns of Wilmington, Essex and Norton to pay cer- In force Feb. 16, 
tain debts therein mentioned. 1865. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assernbly^ That the 
board of supervisors of Will county be and are herebj^ au- special tax to 
thorized and required, at the next annual meeting thereof, ^^^ ^^^^' 
to levy a tax of the sum of one thousand two hundred and 
eighty-nine dollars and seventy-eight cents, and a sufficient 
sum to pay the cost of collecting the same, upon the taxable 
property of the town of Wilmington, for the purpose of 
paying its share of a judgment rendered in the circuit court 
of the United States for the northern district of Illinois, in 
favor of Andros B. Stone, against the Kankakee Bridge 
Company ; and that the board of supervisors of Kankakee 



340 TEMPERANCE SOCIETY. 

county bo and tire licrel)y authorized and required, at the 
Tax In town of ncxt aiinual meeting: thereof, to lev}^ a tax of tlie sum of 
^**^^" six hundred and ninety-nine doHars and sixty-two cents, 

and a sufficient sum to pay the cost of collecting the same, 
upon the taxable property of the town of Essex, for the 
purpose of paying its share of said judgment; and are also 
hereby authorized and re(|uired, at the next annual meeting 
thereof, to lev}' a tax of the sum ul' four hundred and 
ninety-six dollars and eighty-six cents, and a sufficient sum 
to pay the cost ot collecting the same, upon the taxable 
property of the town of Norton, for the purpose of paj'ing 
Tax, how collect- its sliarc of Said judgment. All of said taxes shall be as- 
^^' sessed and collected in the same manner as other town taxes 

are, and said sums, exclusive of the cost of collection, paid 
to the plaintiff in the said judgment, or to his duly author- 
ized agent or attorney, on or before the first day of July, 
A.D. 18G6. 

§ 2. This act shall be in force from and after its passage. 
Appkoved February 16, 1865. 



In force Feb. 15, AX ACT to incorporate tlio Independent Order of Good Templars of the 
1^65. State of Illinois. 

Skotion 1. 1)6 it enacted hy the People of the State of 
Illinois^ re2)resented in the Gtiieral As^emhly^ That J. W. 

Name and style. Kicliols, liolhi A. Law, R. E. Logau, J. Ilartmau, J. K. 
Harmison, li. M. Guilford, L. C. Carr, J. K. Yandorn and 
D. Wilkins, being officers and members of the grand lodge 
of the independent order of Good Templars of the state of 
Illinois, and their successors, be and they are hereby de- 
clared to be a community, coi-poration and body politic, by 
the name and style of " The Grand Lodge of the Independ- 
ent Order of Good Templars of the State of Illinois ; " and 

Rights and pow by that name they and their successors shall and may, at 
all times hereafter, be capable in law to have, receive and 
retain, to them and their successors. ])roperty, real and per- 
sonal ; also, devises or be(]uests of any person or persons, 
bodies corporate or politic, cajjable of making the same, at 
their ]>leasure to transfer or dis})ose of in such a manner as 
they may think ])ro{)er: Provided^ ahvays, that the said 
body ]»olitic or C(jrjK)ration, shall not at any time hold or 
possess property, real or ])ersonal or mixed, exceeding in 
annual value the sum of twenty thousand dollars. 

<i 2. That the said corporation, and their successors, by 
the name, style and title atbresaid, shall be forever iiereafter 
capable, in law, to sue and be sued, plead and be impleaded, 
answer and bo answered unto, defend and be defended, in 



era. 



TEMPERANCE SOCIETY. 341 

all and any courts of justice, and before all and any judge, 
officer or persons whatsoever, in all and singular actions, 
matters or demands whatsoever. 

§ 3. That it shall and may be lawful for said corporation Seai. 
to have a common seal for their use, and the same at their 
will and pleasure to change, alter and make anew, from 
time to time, as they may think best; and shall, in general, 
have and exercise all such rights, privileges and immunities 
as by law are incident or necessary to the corporation herein 
constituted. 

§ 4. That the subordinate lodges which are now belong- subordinate 
ing to and which may hereafter be instituted by the said cor- ° ^^^' 
puration and their successors, by the name and number of 
their respective lodges of the independent order of Good 
Templars in the state of Illinois, shall be declared a commu- 
nity, corporation and body politic, and to be at all times 
hereafter capable, in law, to have, receive and retain, to 
them and their successors, property, real and personal, also 
devises or bequests of any person or persons, bodies corporate 
or politic, capable of making the same; and the same at 
their pleasure to transfer or dispose of in such a manner as 
they may think proper : JProvided, always, that either of Proviso, 
the subordinate lodges shall not, at any time, hold or pos- 
sess property, real, personal or mixed, exceeding in annual 
value the sum of ten thousand dollars. 

§ 5. That each of the said subordinate lodges which Annual election. 
now are, and which may be hereafter, instituted by the 
aforesaid corporation, shall, from and after the passage of 
this act, elect three, or appoint, annually, three trustees, and 
certificates of election or appointment of said trustees shall 
be recorded in the office of the county recorder in which 
said subordinate lodges are situated ; and that the said trus- 
tees, and their successors, shall be forever thereafter capable, 
in law, to sue and be sued, plead and be impleaded, answer 
and be answered unto, defend and be defended, in all or 
any courts of justice, and before all and every judge, officer 
or persons whatsoever, in all and singular actions, matters 
or demands whatsoever. 

§ 6. That it shall and may be lawful for either and all Rights and pdr- 
of said subordinate lodges to have a common seal for their ^ ^°^^* 
use, and the same at their will and pleasure to change, alter 
and make anew, from time to time, as they may think best ; 
and, in general, shall have and exercise all such rights and 
privileges and immunities as, by law, are incident or neces- 
sary to corporations, and which may be necessary to corpo- 
rations herein constituted. 

§ 7. This act to take effect on and after its passage. 

Approved February 15, 1865. 



342 TOWNS. ■ . 

In force April IS, AX ACT to incorporate the town of Anna. 

IStjo. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That the 

Name and style, inhabitants ot* the town of Anna, be and they are hereby 
constituted a bod}' politic and corporate, by the name and 
style ot'^The President and Trustees of the Town of Anna," 

Powers and priv- and bv that name shall have perpetual succession, and may 
have and nse a common seal, which tliev mav chansce and 
alter at pleasure ; have jwwer to sue and be sued, to plead 
and be impleaded, to defend and be defended, in all courts 
of law and equity, in all actions wliatsoever; to purchase, 
receive and hold property, both real and personal, within 
said town, and to ])urchase, hold and receive property, real 
and personal, without the corporate limits thereof, for burial 
o;rounds and other public purposes, for the use and benetit 
of the inhabitants of said town; and to sell, lease, convey, 
and otherwise dispose of said property, and to improve and 
])rotect the same. 

Limits of town. | 2. Said towu shall includc withiu its corporatc Hmits 
all that territory included within the lines boundinor x\iq 
east lialf of section nineteen (19), and the west half of sec- 
tion twenty (20), in township twelve, south of range one, 
west of the third principal meridian, in the county of Union 
and state of Illinois, beino; the same boundaries surveyed 
and established by said town of Anna on the tenth day of 
June, A. D. 1856. 

Trustees. >> 3. Tlic corporatc powers of said town shall be vested 

in live trustees, who shall be citizens of the United States, 
over twenty-one years of age, shall have resided ia said 
town twelve months next preceding the day of their elec- 
tion, and paid a state and county tax. 

Annual feieciion ^ 4. The prcscnt trustccs of said town shall continue in 
ofhce, and exercise all the powers of trustees as granted by 
this act, until the second Monday in August next, and until 
their successors are duly elected and qualified ; and on the 
second jMonday in August in the year 1865, and on the 
second Monday in August, annually, thereafter, five trus- 
tees shall be elected by the qualified voters of said town, 
wdio shall hold their offices one year, or until their succes- 
sors are duly elected and qualified. 

Oath of trusteea. ^ 5. The trustccs, bcfore entering npon the duties of 
their office, shall each take and subscribe an oath, before 
some officer legall}^ authorized to administer oaths, to sup- 
port the constitution of the United States and the constitu- 
tion of Illinois, and faithfully to perform the duties of their 
office to the best of their ability. 

President. ci f>. At tlic flrst meeting of the board after their elec- 

tion, they shall elect one of the trustees as president of the 
board. 



TOWNS. 343 

§ 7. The board of trustees shall be judges of the quali- 
fications, elections and returns of their own members, and 
shall determine all contested elections. 

§ 8. A majority of the board of trustees shall constitute Quorum. 
a quorum to transact business, but a smaller number may 
adjourn from day to day and compel the attendance of ab- 
sent members, under such penalties as may be prescribed by 
ordinance. 

§ 9. The board of trustees shall have power to deter- Rules and pow- 
mine the rules of its proceedings, punish its members for ^'^' 
disorderly conduct, and with the concurrence ot" two-thirds 
of the trustees elected, expel a member. 

§ 10. Removal from the limits of the town shall vacate vacancies, 
the otiice of any trustee, and all vacancies may be tilled by 
the remaining members of the board. 

§ 11. The board of trustees shall keep a journal of its Record of acts, 
proceedings, which shall always be subject to inspection of 
citizens of the town. 

§ 12. The trustees shall, at their first meeting after the Town officers. 
annual election, appoint a town constable, clerk, treasurer, 
street commissioner, and such other ofiicers as may be ne- 
cessary for the good of the town, and may fill all vacancies 
that may occur in said otfices previous to the annual elec- 
tion. They shall prescribe the duties and compensation of ray of officers, 
each of said ofiicers, and may require each to take an oath 
and give bond for the faithful performance of his duty. 

§ 13. All ofiicial bonds required to be given under the official bonds, 
provisions of this act, shall be made payable to the president 
and trustees of the town of Anna. 

§ 14. The president and trustees of said town shall have constable's duty 
power to appoint a town constable for said town, whose duty it 
shall be, when he shall have given bond and been sworn . v^.r. 
into office, to execute anywhere in Union county any writ, 
process and precept which may be issued against any per- 
son or persons for the violation of any ordinance of said cor- 
poration, and to arrest on view any and all persons who 
may violate the same, and to take them before the police 
magistrate of said town, or in case of his absence, before any 
justice of the peace, and to collect any fine, forfeiture or 
penalty which may be assessed or recovered, for the use of 
said town: Provided^ that any other constable may execute , .;,;,:; 
any process by the police magistrate of said town by virtue 
of this act. 

§ 15. All male white citizens of the United States, above who are voters. 
the age of twenty-one years, who are not disqualified by the 
laws of the state, for voting for members of the legisla- 
ture, and who shall have resided within the limits of said 
town uf Anna six months next preceding an annual election, 
shall be qualified to vote for officers of said town of Anna. 

§ 16. The board of trustees of said town shall have Aeseesment f«x. 
power and authority to levy and collect taxes upon all pro- 



3-i-i TOWNS. 

perty, both real and personal, within the limits of said town, 
not exceeding one half of one per cent, upon the assessed val- 
ue thereof, and also assess and enforce payment of the same 
in any manner prescribed by ordinance, not contrary to the 
constitution and laws of the state, or the trustees may adopt 
the annual assessments of said property made by the coun- 
ty assessor, and cause the same to be collected by the coun- 
ty collector. 

§ 17. In case the board of trustees of said town shall 
adopt the latter mode of assessing and collecting the town 
taxes, they shall, as soon as the county assessor shall make 
return of his assessment, notity the clerk of the county of 
that fact, and tile in his office a copy of the ordinance adopt- 
ing the county assessment and establit hing the rate of taxa- 
tion. 

Tfix, how col- § IS. Upon the filing of the ordinance as aforesaid, the 

lected. taxes for the town at the rate established, shall be calculated 

and extended by the proper officer of the county, and the 
same collected by the collector of the county with the state 
and county taxes, and in the same manner. 

Pay of county ^ 19. The taxcs, wheu collected, shall be paid over to 

officers. .j.|^g treasurer of the town ; and the county officers shall be 

paid the same compensation for services under this act, as 
are allowed them for simdar services under the revenue laws 
of the state. 

Power of trustees ^ 'JO. Tlic trustccs of Said towu shall have power and 
authority to appropriate money for the payment of the debts 
and expenses of the town. 

ueaith. To make regulations to secure the health of the inhabit- 

ants, and to prevent the introduction of contagious diseases 
into the town. 

Wells, cisterns. To dig wclls and cistcms and erect pumps to provide wa- 
ter for the use of the inhabitants. 

Chimneys. To provide for the prevention and extinguishment of iires. 

Fires. To regulate the fixing of chimneys and iiues. 

Powder. To regulate the storage of gunpowder, tar, pitch, rosin, 

and other combustible material. 

Hay, coal, wood. To ])rovide for the inspection and weighing of hay, stone- 
coal, the measurement of charcoal, firewood and other fuel 
to be sold in the town. 

Public grounds. To providc for the inclosing, improving and regulating all 
public grounds belonging to the town. 

Peddlers and To llccnse, tax and regulate auctioneers, pawnbrokers, 
brokers. ^^^'ddlers aud brokers. 

Vehicles. To license, tax and regulate hacks, omnibuses, wagons, 

carts and drays. 

Exhibitions. To license, tax and regulate theatrical and other shows 

and exhibitions. 

Do-f/eries. 'J'o liceu-e, tax, regulate or su])])ress all groceries, dram 

bliops, tip])ling houses, or other houses where spirituous, 
vinous or malt liquors are sold or in any way disposed of. 



TOWNS. 345 

To restrain and suppress gaming bouses, bawdy houses, immoral houses. 
and all other disorderly houses. 

To license, tax and regulate, or entirely prohibit and sup- Biiiiard tawea. 
press billiard tables and bowlin^^ alleys. 

To open, alter, abolish, straighten, widen, extend, estab- streets, etc. 
lish, grade, pave, gravel, or otherwise improve and keep in 
repair, streets, avenues, lanes and alleys ; and for that pur- street tax. 
pose the board of trustees shall have power to assess a road 
labor tax, not to exceed live days' labor in each year upon 
each and every male residing within the limits of said town, 
between the ages of twenty-one and forty five years, and 
provide for the time and manner of collecting the said tax. 

To construct bridges, culverts and sidewalks i and they Bridges, aide- 
may require the owners of real estate adjoining said side- ^^^'^*' 
walks, to pay one-half the cost of constructing the same, the 
amount to be paid by each to be in proportion to the num- 
ber of feet his or her lot or lots shall extend along said side- 
walks. 

To declare what shall be considered a public nuisance. Nuisances, 
and prevent and remove the same. 

To regulate the election of town ofiicers, and fix their Elections, 
compensation. 

To regulate the police of the town, to impose fines, for- PoUce. 
feitures and penalties for the breach of any ordinance, and 
to provide for the recovery of such tines, penalties, forfeit- 
ures, and the enforcement of such penalties : Provided^ that proviso, 
for each violation of an ordinance, no fine imposed shall be 
less than three, nor more than one hundred dollars. 

§ 2L The board of trustees shall have power to make ordinames. 
all ordinances necessary and proper to carry into effect the 
powers specified and granted in this act : Provided^ that proviso, 
such ordinances shall not be contrary to the constitution 
and hiws of the state. 

§ 22. The style of the ordinances shall be, "Be it or- style of ordi- 
daiued by the president and trustees of the town of Anna." ^^^°^'' 

§ 23. All moneys arising from licenses, fines, forfeitures, Fines, Ucenses. 
penalties or otherwise, under the provisions of this act, or 
under any ordinance, by-law or resolution passed in accor- 
dance with the same, shall be paid over by the officer or 
person collecting the same, into the treasury of the said 
town, to be expended by the president and trustees for the 
improvement of the same. 

§ 24. Any fine, penalty or forfeiture incurred under this Fines, how wi- 
act, or any ordinance, by-law or resolution passed in accor- ^^'^^^^' 
dance with this act, or that may be incurred under any act 
or acts that may be passed amendatory of this act, may be 
recovered, together with cost of suit, before the police ma- 
gistrate of said town in the corporate name, or in case of his 
absence, before any justice of the peace of the proper coun- 
ty; and several fines, forfeitures or penalties, for breaches 
of the same ordinance, by law or resolution, not exceeding 
— *25 



34:6 



TOWNS. 



Execution. 



sued. 



Proviso, 



one huiulred dollars, may be recovered in one snit; and the 
lirst process shall be summons, unless oath or atfirmation be 
made for warrant by some credible person; bnt in all cases 
of assault, assault and battery, affray or riot, a warrant shall 
issue for the arrest of the olienuer or offenders, in the same 
manner as tbr like otfences against the laws of the state. It 
shall be lawful to declare, _ii;enerally, for debt, to recover 
such lines, penalties or forfeitures. Upon the rendition of 
judgment, the police magisti-ate of said town, or the justice 
of the peace before whom the same shall have been reco- 
vered, 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. 
When ca. sa. is- If the constablc sliall return upon such execution, "no pro- 
perty found, then the police magistrate of said town, or 
the justice by whom the same shall have been issued, shall 
issue a ca. sa. against the body of the defendant, or defend- 
ants, and the constable shall arrest such person or persons 
and commit him, her 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 in proportion to the 
amount of the judgment and costs : Promded., however.^ if 
the said president and trustees, or their attorney, shall re- 
quire 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 property, and signify the same to 
him in writing, he shall not issue a ca. sa. as aforesaid, but 
shall without delay, certify a transcri])t thereof and all the 
proceedings 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: Provided^ an appeal may be granted 
within five days after the rendition of judgment, with the 
same force and effect, rights and privileges as in other 
cases, 

§ 25. The present police magistrate of said town, shall 
be deemed the police magistrate under this act, until his 
term of office sliall expire, when it shall be lawful for the 
president and trustees to cause an election to be held for 
police magistrate to fill such vacancy. 

^ 2G, AH ordinances, by laws and resolutions, passed by 
the president and trustees of said town, as incorporated un- 
der the general corporation act of tiie state, and which are 
not inconsistent herewith, shall remain in full force and ef- 
fect until the same shall be repealed by the president and 
trustees of the corporation created by this act. 

Appkoveo February \^').^ 1805. 



Police 
trate. 



magis- 



Ordinancea 

force. 



in 



TOWNS. S4t$f 

AN ACT to repeal an act entitled "An act to incorporate the village of An- In force Feb. 16, 
tioch, in Lake county," approved February 16, 1857. l^^^- 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in tht General Assembly^ That an act 
entitled "An act to incorporate the village of Antioch, Lake Act repealed, 
county," approved February 16, 1857, be and the same is 
hereby repealed. 

§ 2. This act shall take eft'ect immediately. 

Approved February 16, 1865. 



AN ACT the better to incorporate the town of Areola, county of Douglas, la force Feb. 16, 
and state of Illinois. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in [ the'] General Assembly, That the 
inhabitants of the town of Areola, in the county of Douglas, Name and style, 
and state of Illinois, be and the same are hereby consti- 
tuted a body corporate and politic, by the name and style of 
" The President and Trustees of the Town of Areola," and 
by that name and style shall have perpetual succession, and Pririieges. 
may have and use a common seal, which they may alter or 
change at pleasure, and in whom the government of the cor- 
poration shall be vested and by whom its affairs shall be 
managed. 

§ 2. The boundaries of said town shall be as follows, Boundaries, 
to- wit : all the northeast quarter and the south half of sec- 
tion ISTo. four ; also, the north half of section JNo. nine, town- 
ship fourteen, (14), range JS"o. eight, (8), E., Douglas county, 
Illinois. 

§ 3. The inhabitants of said town, by the name and style Powers, 
aforesaid, shall have power to Sue and be sued, to plead and 
be impleaded, defend and be defended, answer and be an- 
swered unto, in all courts of law and equity in this state, in 
all actions whatever; to purchase, receive and hold proper- 
ty, real and personal, within or beyond the corporate limits 
of said town, for burial grounds and other public purposes, 
for the use and benefit of the inhabitants of said town ; to 
sell, lease or otherwise dispose of the property, real and per- 
sonal of said town, for the use and benefit of the same, and 
to improve and protect such property, and to do all other 
acts and things in relation thereto, that natural persons 
might do. 

§ 4. The corporate powers and duties of said town shall Five trustees, 
be vested in five (5) trustees, who shall constitute a board 
for the transaction of the business of said town; and the Present trustees, 
persons who are now trustees of said town, holding their 
ofiices under and by virtue of the general law of this state 



348 TOWNS. 

for the incorporation of towns and cities, shall be deemed 
to liold their offices nnder and by virtue of this act, until 
the lirst (1st) i\Iondaj of April in the year of our Lord one 
thousand eiglit hundred and sixty-tive, (ISOO), and until 
their successors are elected and qualified. 

Annual election ^ 5. Qu the llrst Monday of April in the jenr of our 
Lord, 1805, and ever afterwards, on the first Monday of 
April in each and every year, an election shall be held in 
said town of Areola, for the election of five (5) trustees of 
said town. The persons so elected, shall be citizens of the 
United States and of this state ; they shall possess a freehold 
estate within said town, and shall have actually resided with- 
in said town six months next p^receding their election, and 
shall hold their oflices for the term of one year and until 
their successors are elected and cjualified, unless sooner re- 
moved by de'\th, resignation or otherwise, as provided by 
this act or the ordinances of said town. 

Kotice of election ^ t). The incumbeut board of trustees shall give ten 
days' notice previous, of any and all elections to be held 
under the provisions of this act or any ordinances of said 
town, by posting up notices in writing, in at least three pub- 
lic places in said to\Vn, or by publication in some newspaper 
published therein. Said notices shall specify the time and 
place of holding such election, the hour of the day at which 
the polls shall be opened, the hour at which they shall be 

Judges of eiec. closed. It shall also be the duty of the board of trustees, 
at least ten days previous to any regular election, to appoint 
three persons, who shall be qualified voters at said election, 
to act as judges of elections, for and during the term of one 
year, and in case of absence of any or all of said judges at 
the hour appointed for said election, the vacancy shall be 
filled in the same manner as required at state and county 
elections. The said judges shall appoint two clerks of such 
election. Said judges and clerks, before entering upon the 
duties of their offices, shall qualify in the same manner as 
is required of judges and clerks of elections for state and 
county purposes. All such elections shall be by ballot, and 
all persons who, by the laws of this state, are entitled to 
vote for state and county officers, and who shall have been 
actual residents of said town six moTiths next preceding such 
election, shall be entitled to vote thereat. And all cases of 
contested elections under this act, shall be tried and deter- 
mined by the |-olice magistrate of said town, in such man- 
ner as may be provided l»y ordinance. 

Oath of trustr^es. ^ 7. Tho trustccs clcct, before entering u])on the duties 
of theii- ofiices, shall take and subscribe an oath to su])port 
the constitution of the llnited Sta<:es and of this state, and 
that tliey will, to the best of their abilities, faithfully dis- 

president of charge the duties of their office. They shall hold at least 
one regular meeting every month, and shall, at their first 
meeting after their election, ap2)oint one of their number 



board. 



TOWNS. 349 

president. A majority of said trustees shall constitute a 
quorum to do business; but a smaller number may adjourn 
from day to day, and may compel the attendance of absent 
members in such manner and under such penalties as may 
be by ordinance provided. Said board may make such 
rules and regulations as to them may seem proper. They vacancy, how 
shall have power to fill vacancies by appointment in the ^"^'^^ 
board of trustees, occasioned by death, removal, resignation 
or continued absence from their regular meetings for the 
term of one month, or other wise* They may punish their 
members for disorderly conduct ; and by i vote of three- 
lifths of all their members, they n.ay expel a member from 
the board ; and they shall also have power to remove from 
office, by a vote of three-fifths of all their members, any 
subordinate officer of said town, who holds his office by ap- 
pointment of board of trustees of said town. 

§ 8. They shall have power, and it shall be their duty, cierk and con- 
to appoint a clerk, town constable, treasurer, assessor, col- ^^*^^^" 
lector, and one or more street commissioners and such other 
officers, (if any,) as may be necessary for carrying into effect 
the provisions of this act and the ordinances of said town, 
whose term of office shall be for one year ; and to require 
them, before entering upon the duties of their respective 
offices, to give such bonds and security as may be necessary 
to insure the faithful performance of their duties. They 
shall also require all persons appointed to office by them, 
before entering upon the discharge of the duties of their 
respective offices to take and subscribe an oath to support 
the constitution of the United States and of this state, and 
that they will faithfully and to the best of their ability, dis- 
charge the duties of their offices. 

S 9. They shall have power and authority to levy, assess Assessment and 

• ■• CollBCtlOIl of 

and collect taxes upon all property, real and personal, within taxes. 
said town, which is subject to taxation for state and county 
purposes, not exceeding fifty cents annually on the one 
hundred dollars of the assessed valuation thereof; and they 
may assess and enforce the collection of such taxes by any 
ordinance or ordinances not repugnant to the constitution 
of this state or the United States: Provided^ that lands Property exempt 
occupied for farming purposes, in tracts of ten (10) acres or 
more, and not laid off in town lots or blocks, shall be ex- 
empt from taxation for town purposes, except for school and 
road purposes. They shall also have power to appropriate 
money and to provide for the payment of the debts and ex- 
penses of the incorporation. 

§ 10. They shall have power to make regulations for Health reguia- 
securing the general health and comfort of the inhabitants 
of said town ; to define and declare what shall be considered 
a nuisance, and to provide for the prevention, removal or 
abatement of the same; and to provide for the punishment 
of the authors thereof, by fines, penalties, or imprisonment 



350 TOWNS. 

in the town or county jail of Douglas county, or by both 
such iines and imprisonment, and to authorize, direct and 
enforce the summary abatement of any such nuisance or 
nuisances. 

Repair of streets. ^ H. Thoy sliall luivc powcr, and it shall be their duty, 
to cause all streets, alleys and public roads within said town, 
to be kept in good repair ; and for that purpose, they may 
require every male resident of said town, over the age of 
twenty-one years and not exceeding fifty years, to labor 
thereon not exceeding three days in each and every year, or 
to pay at the time of lieing notified to work, the sum of one 
dollar for every day's labor required of him ; and if the 
money and labor performed and received be insufiicient for 
that purpose, tliey shall appropriate so much from the gen- 
eral fund of the corporation as may be necessary therefor ; 
and the inhabitants of said town shall be exempt from work- 
ing on any road outside of the same. 

Open and vacate ^::- 12. They shall liave povv'er to open, alter, vacate, 
widen, extend, establish, grade, pave or otherwise improve, 
any street, avenue, lane, alley, public grounds and public 
roads within the limits of said town ; and to establish, erect, 
construct, build and keep in repair bridges, culverts, sewers, 
sidewalks, pavements and crossways, and regulate the con 
struction and use of the same, and to punish the abuse there- 
of; and to levy and collect, from time to time, a tax on the 
lot or lots in front of which such sidewalk or sidewalks, 
pavement or pavements, shall be ordered and proposed to 

Proviso. be made or repaired : Provided^ that every such tax shall 

be levied on such lots, proportionate to the length of their 
respective fronts: ylnc?, _^j>r6'v?V/et/ /'^r^/i^r, that such tax 
shall not be less than one-lialf the actual cost of such making 
or repairing : And^ provided^ that the tax provided for in 
this section shall not be taken or held to be any part of the 
tax provided for in section nine of this act. 

Water, coal, etc. ^ 13. They shall have power to provide the town with 
water, to sink and keep in repair public wells ; and to erect 
and keep in repair such public buildings as the necessities 
of the town may require; and provide for the inspection 
and weighing of hay and stone coal, and the measurement 
of wood and fuel to be used in said town. 

i/icen-e, flues, ,:< 14, They sliall luxve power to license, tax and regulate 
m-'^'lKlusM^™!- auctioneers, merchants, family grocery stores, eating houses, 
hawkers and peddlers; and to regulate the fixing of chim- 
neys and fines thereof; also to regulate the storage of gun- 
powder and other combustible materials, m said town ; to 
restrain and prohibit every description of gambling and 
fraudulent devices; to suppress and prohibit gambling 
houses, bawdy houses, houses of ill fame and all other dis- 
orderly housf'S within said town and one mile from t!ie limits 
of said town. 



ill fani'i 



TOWNS. 



351 



§ 15. They shall have power to tax, license and regu- ExhibUionB. 
late, or suppress and prohibit all exhibitions of common 
showmen, shows of every kind, caravans, circuses and exhi- 
bitions, and amusements of every kind, unless gotten up in 
said town by the citizens thereof. They shall also have Assault and bat- 
power to provide for the arrest, trial and punishment of per- ^^'' 
sons who may be guilty of any assault, assault and battery, 
affray, rout, riot, disturbing the peace of the inhabitants, or 
of any public meeting, whether religious or otherwise, of 
said town. To prohibit and impose penalties on the authors 
thereof, and any indecent exposure of person or dumb beast 
to public view, or the public use of indecent or obscene lan- 
guage, or the exposure to public view of any indecent or 
obscene picture or publication within said town. 

§ 16. They shall have power to prevent the running at Dogs, 
large of dogs and to provide for the destruction of the same 
when found at large contrary to the provisions of any ordi- 
nance in such • cases made and provided. To prevent the Fireworks, 
tiring of squibs, guns, rockets or other fire works or combus- 
tibles, within said town. 

§ IT. They shall have power to prevent the incumber- cattie. 
ing of any street, lane, avenue, road, alley or public ground 
of said town ; to protect shade trees ; to compel persons to 
fasten horses, mules, and other animals attached to vehicles, 
or saddled or bridled for use, while standing in any street, 
lane, road, alley or uninclosed lot within said town ; to pre- 
vent horses, cattle, hogs, sheep or other animals from run- 
ning at large within said town, and to provide for distrain- 
ing and impounding any such animal or animals, and the 
sale thereof to satisfy costs and charges ; any penalty or 
penalties incurred under any ordinance of said town to pre- 
vent racing in said town with horses or other animals ; to 
prevent any immoderate riding or driving of horses or Racing, 
other animals within said town ; also, to prohibit and punish 
the abuse of any and all animals within said town. 

§ 18. The said president and trustees of the said town Liquors, 
of Areola, shall have and exercise complete and exclusive 
control, as hereinafter provided, over the selling, bartering, 
exchanging, giving away, or in any way trafficking, in any 
wine, ale, rum, gin, brandy, whisky, or other intoxicating 
or malt liquors, within the limits of said town ; and may by 
ordinance, declare any such selling, bartering, exchanging, 
giving away or trafficking in any manner, in any such ale, 
wine, gin, rum, brandy, whisky, or other intoxicating or 
malt liquors within the corporate limits of said town ; and 
the place and places where the same is carried on, or either 
of them a nuisance ; and shall have and exercise the same 
power and authority to provide for the prohibition or pre- 
vention, removal or abatement of any such nuisance or 
nuisances, and for the punishment of the authors thereof as 
they have and may exercise by virtue of section ten (10) of 



353 TOWNS. 

Proviso. tills act, ill the case of other nuisances ; Provided^ that they 

shall allow hoiiafide driigi);ists to sell the same in good faith 
for purely medical, mechanical or sacramental purposes: 

Proviso 2. Provided, that they sliall not ini})ose an_y line by authority 

of this section, of more than iifty (50) dollars for one offense, 
or any penalty of imprisonment in the jail of the town or 
county, of more than thirty (30) days, for any one offense: 

ProviBo 3. Provided^ further^ the said board shall have power to license 
the sale of aforesaid intoxicating or malt liquors. 

Yagraats. ^ 19 They shall have power to restrain and prohibit 

vagrants, mendicants, beggars and prostitutes, and to pro- 
vide for the arrest and punishment of any person or persons 
found intoxicated in any street, alley or other public place 
in said town. 

gtabies, packing ^ 20. They shall have power to direct the location and 

houses. regulate the construction and management, of tanneries, 

blacksmith shops, founderies, livery stables and packing 
houses; to direct the location, and regulate the construction 
and management of, or to restrain, abate and prohibit, within 
said town and to the distance of one mile from the limits 
thereof, breweries, distilleries, slaughtering establishments, 
establishments for rendering lard, tallow, oUal and such other 
substances as may be rendered or tried, and other establish- 
ments or places where nauseous, offensive or unwholesome 
business may be carried on. 

Fires, engines, § 21. Thc}' sliall havc powcr to make such regulations 
fire companies, ^^^.'^j^g preveutiou and extinguishment of fires, as they may 
deem expedient, and for that purpose they shall have power 
to procure fire engines and such other apparatus as are 
usually emplo_ved for the extinguishment of fires, and shall 
have the charge of the same. They shall also have power 
to organize fire, hook, hose, axe and ladder companies, and 
to make rules and regulations for the government of the 
same. 

Boundaries. ^ 22. Tlicy shall liavc power to enlarge the boundaries 

Proviso. of the town l)y ordinance : Providtd^ that they shall not 

pass anv ordinance for enlarging the boundaries of said 
town until they shall have submitted the question of such 
proposed enlargement to a vote of the qualified voters of 
said town and all legal voters residing witliin such proposed 
enlargement, and shall have been authorized by a majority 
of such persons voting at said election to make such enlarge- 
ment. 

Ordinances. § 23. Tlicy shall havo ])ower to make all ordinances 

which may be necessary and pro])er for carrying into effect 
the powers and authority conferred on them by the provi- 
sions of this act, or which may be necessary for the better 
re^nilation of the internal police of said town, not inconsist- 
en't with the constitution of this state or the United States, 

Fine3. and to cause the same to be executed \ they shall also have 

power to impose lines and penalties for the breach of any 



TOWNS. 35S 

law or ordinance of said town, or of any provision of this 
act, and to provide for the recovery and enforcement of any 
such fines and penalties : Provided^ that in no case shall 
any fine for any one offense exceed the sum of one hundred 
dollars ; nor shall they impose a penalty of imprisonment in 
the jail of the town or county, for any one offense, of more 
than six months. 

§ 24. The president shall preside at all meetings of the special meetmgg. 
board, when present, and in case of his absence from any 
meeting, the members of the board present shall appoint 
one of [their] number chairman, who shall preside at that 
meeting. The president, or any two (2) members of the 
board, may call a special meeting of the board. The presi- 
dent shall be active and vigilant in enforcing the laws and 
ordinances for the government of said town ; he shall inspect Negligence, 
the conduct of all subordinate officers, and cause negligence 
or willful violation of duty to be punished; he shall have 
power and authority to call on all male inhabitants of said 
town, over the age of twenty-one years, to aid in enforcing 
the laws and ordinances of said town ; and any and every 
person who shall neglect or refuse to obey such call shall 
forfeit and pay to said town the sum of not less than five 
dollars ; he shall have power, whenever he may deem it 
necessary, to require of any officer of said town a written 
exhibit of his books and papers, and shall have power, and 
it shall be his duty to do all other acts and things that may 
be required of him by the laws and ordinances of said town. 

§ 25. At the first election under this act for trustees of Ei^-ction of po- 
said town, and every four years thereafter, there shall be '" ™*^'^ '*'*' 
elected a police magistrate of said town, who shall be, ex 
officio^ a justice of the peace for the county of Douglas; he 
shall qualify in the same manner and be subj