WESTERNJLLINOIS UNIVERSITY LIBRARY
3 1711 00611 8033
/
PRIVATE LA¥S
OF THE
STATE OF ILLIl^OIS,
PASSED BY
THE TWENTY-SIXTH GENERAL ASSEMBLY,
CONYENED JANUARY i, 1869.
YOLUME III.
SPRINGFIELD :
ILLINOIS JOURNAL PRINTING OFFICE.
18 69.
Digitized by tlie Internet Arcliive
in 2010 witli funding from
CARL!: Consortium of Academic and Research Libraries in Illinois
http://www.archive.org/details/lawsofstateofillv31869illi
TABLE OF CONTENTS.
RAILROAD COMPANIES— page
Incorporated:
An act to incorporate the Decatur, Sullivan and Mattoon Railroad company 1
An act to incorporate the Dixon and Quincy Railroad company 5
An act to incorporate the Evansville and Southern Illinois Railroad company.. . 10
An act to incorporate the Fayette County Railroad company 18
An act to incorporate the Freeport, Monroe and Superior Railroad company. . . 21
An act to incorporate the Gilman and Wilmir.gton Railroad company 26
An act to incorporate the Golcnda and DuQuoin Railroad company SO
An act to incorporate the Grand Prairie and Crescent City Railroad company. . 33
An act to incorporate the Harrisburg and Great Northern Railroad company... . 37
An act to incorporate the Havana, Toulon and Fulton City Railway company. ... 43
An act to incorporate the Jacksonville and Carlinville Railroad company. ..... 51
An act to incorporate the Jacksonville and Ohio River Railroad company .53
An act to incorporate the Joliet, Newark and Mendota Railway .5.5
An act to incorporate the .Jonesboro and Cape Girardeau Railroad company 5'J
An act to incorporate the Kankakee and Illinois River Railroad compnuy fil
An act to incorporate the Kankakee and Indiana Railroad company 67
An act to incorporate the Kinmundy and Pana Railroad company , 73
An act to incorporate the LaFayettc, Watseka and LaSalle Railroad company 76
An act to incorporate the Lewistown and Havar.a Railroad company 82
An act to incorporate the Litchfield and Western Railway company 86
An act to incorporate the Macomb and New Philadelphia Railroad company. ... 94
An act to incorporate the Marine Railroad company 100
An act to incorporate the Marseilles and Streator Railroad company 103
An act to incorporate the Mendon Railroad company Ill
An act to incorporate the Mendota, Paxton and Danville Railroad company. . . .112
An act to incorporate the Metropolis and North we.stern Railroad company 116
An act to incorporate the Michigan Air Line Railroad company 121
An act to incorporate the Muscatine and Illinois Pi ver Railroad company 126
An act to incorporate the Muscatine, Kewanee and Eastern Railroad company. .131
An act in relation to the Mt. Vei non Railroad company 140
An act to incorporate the Naples, Exeter and Vandalia Railroad company 141
An act to incorporate the Oquawka and Geneseo Railroad company 143
An act to incorporate the Paris and Danville R.iilroad company 1 144
An act to incorporate the Pana, Carlinville, Carrolllon and Clarksville Railroad
company. 151
An act to incorporate the Pana and Louisiana Railroad company 161
An =ict to incorporate the Pekin and Mississippi Railroad company 162
An act to incorporate the Peninsular Railway company 168
An act to incorporate the Peoria, Atlanta and Decatur Railroad company 173
An act to incorporate the Peoria and Farmington Railway Company 176
An act to incorporate the Quincy, Pittsfield, Carlinville, Vandalia and Mount
Carmel Railroad company 177
An act to incorporate the Rock Falls and Chicago Railroad company 182
An act to incorporate the Rockford Central Railrosul company 187
An act to incorporate the Rock Island and Illinois River Railroad company. .... .192
; An act to incoipornte the Sonera Railroad company 196
IV CONTENTS.
RAILROAD COMPANIES— page.
IXCORPOKATED :
An Hct to incorporate the Springfield, Effingham and Southeastern Raliroad com-
pany 198
An act to incorporate the Springfield and Northwestern Railroad company 205
An act to incorporate the Springfield, Wapella and Gilman Railroad company. .212
An act to incorporate the St. Charles and Alton Railroad Ferry company 218
An act to incorporate the St. Louis and Du Quoin Railroad company 218
An act to incorporate the St. Louis and Evansville Railroad company - .224
An act to incorporate the St. Louis, Mount Carmel and New Albany Railroad
company. ... i , 229
An act to incorporate the St. Louis, Pana and Detroit Railroad company 233
An act to incorporate the St. Louis and Southeastern Railroad company 238
All act to incorporate the Warsaw Branch Railroad company 246
ISKvr Privileges:
An act to authorize and enable certain railroad companies therein named to sell
or lease their roads and franchises 247
An act to authorize and enable certain railroad companies therein named to sell
or lease their roads and franchises 248
All act to further amend " An act to incorporate the Belleville and Murphysboro
Railroad company, and for otiicr purposes," approved February 8, 1853. . . .249
An act to still further amend "An act to incorporate the Belleville and Murjjhys-
boro Railroad Company, and for other purposes," approved February 8, 1853,
and all acts amendatory thereof 250
Au act in aid of the Belleville and Southern Illinois Railroad company 251
An act to amend an act entitled "xin act to incorporate the Belleville and South-
ern Illinois Railroad Company," approved February 14, 1857 ..252
All act to amend an act entitled "An act to incorporate the Belvidcre and Ottawa
Railroad Company," approved March 8, 1867 253^
An act to amend an act entitled "An act to incorporate the Belvidcre and Otta-
^*a Railroad Company," approved Miirch 8, 1867, and to amend an act amenda-
tory tliereof, approved March 29, 1869 253
An act to amend an act entitled " An act to incorporate the Broadway and
Dyke Railway Company of East St. Louis," ap])roved March 7, 1867 255
An act amend an act entitled "An act to incorporate the Cairo and St. Louis
Railroad Company," approved February 16th, 1865 256
An act to amend an act entitled "An act to incorporate the Cairo and Vincennes
Railroad Company," approved ifarch 6, 1867, and for other purposes 259
An act to amend an act entitled "An act to incorfiorato the Champaign and
Edgar County Railroad Company," approved March 24, 1869 261
An act to amend an act entitled "An act to incorporate the Chicago, Danville
and Vincr>nnes Railroad Company," approved February 16, 1865 261
An act to amend an act entitled "An act to incorporate the Chicago and Illinois
River Railroad Comp.uiy." 262
All iict to amend an act entitled "An act to incorporate the Chicago and Indiana
Railroad Company" 264
All act to amend an act entitled " An act to incorporate the Chicago and Plain-
field Railroad Company," approved Feb. 24, 1859, and an act amendatory
thereto, entitled " An act to amend an act entitled ' an act to incorporate
the Chicago and Plain field Railroad Company'" 264
An act supplemental to " An act to nmend an act entitled 'an act to incorporate
the Chic igo and Plaitifield Railroad Company,' approved February 24, 1859,
and au act amcnd.itory thereto entitled 'an act to incorporate the Chicago
and Plainficld Railroad Compa:iy,"' approved March 29, 1869 270
An act to amend an act entitled "An act to incorporate the Court Creek Rail-
road company 271
An act to amend " An act to incorporate the Cross Railroad company 274
An act to amend an act entitled " An act to amend articles of association of
the Danville, Urbana, Bloomington and Pcldn Railroad company," and to ex-
tend llic powers of and confer a charter upon the same 274
An act to amend an act entitled " An act to incorporate the Decatur and East
St. Louis Riiil road compiiny" 275
An act to amend an act entitled "An act to incorporate the Decatur and East St.
Louis Ruilroad company," afijn'oved February 26, 1867 280
An act supplementary to and amending an act entitled " An act to amend the act
entitled an act to incorporate the Decatur and Indianapolis Railroad com-
pany," approved February 8th, 1853 280
CONTENTS. V
RAILROAD COMPANIES— ■ page.
New Privilkues :
All act to amend the cliartcr of the Dixon, Peoria and Hannibal Railway conipatiy.283
An act supplemental to Senate bill No. 18, entitled " An act to incorporate the
Dixon and Quincy Railroad company" 283
An act supplemental to an act entitled "An act to incorporate the Dixon and
Quincy Railroad company" 284
An act to amend an act entitled " An act to incorporate the Dixon and Quincy
Railroad company," approved March 4, 1861) 284
All act to amend an act entitled " An act to incorporate the Elrawood and Mis-
sissippi Railroad company," approved February 19, 1857 285
An act to amend an act entitled "An act to incorporate the El PaoO, Pontiac-
and Kankakee Railway company" 288
An act to amend an act entitled "An to incorporate the El Paso, Pontiac and
Kankakee Railway company" 288
Au act to amend an act entitled "An act to incorporate the Fairbury, Pontiac
and Northwestern Railway company" 288
An act to amend an act entitled "An act to incorporate the Fairburg, Pontiac,
and Northwestern Railway company" , 289
An act to amend an act entitled " An act to incorporate the Foreston and Chi-
cago Railroad Company," approved February 26, 1867 289
An act to amend an act entitled "An act to incorporate the Foreston and Chica-
go Raih'oad company," approved February 26, 1867, and the act amendatorv
thereof, approved March 29th, A. D. 1869 '290
An act to amend an act entitled " An act to incorporate the Galesburg and Rock
Island Railroad company," approved February 18th, 1857 291
An act to amend an act entitled "An act to incorporate the Gilman, Clinton
and Springfield Railroad company," approved March 4, 1867 292
An act to amend au act entitled "An act to amend an act to incorporate the
Gilman, Clinton and Sptiugfield Railroad company 295
An act to amend the charter of the Grafton and Alton Railroad company, ap-
proved March 7, 1867. ". 296
An act relating to the charter of the Grayville and Mattoon Railroad company, .300
An act to amend an act entitled "An act to incorporate the Hamilton, Lacon
and Eastern Railroad company," approved March 7, 1867 301
Au act supplemental to certain acts of the 26th General Assembly, relating to
the Hamilton, Lacon and Eastern Railroad company, and to legalize the organ-
ization of said company, and to confirm the subsciiptions to the capital stock
thereof 302
'An act to amend an act entitled "An act to incorporate the Havana, Lincoln
and Champaign Railroad Company." approved March 9, 1867, and change the
name of the corporation 303
An act to legalize the lease by the Illinois Central Railroad company^ of the Du-
buque and Sioux City Railroad company 306
An act to amend an act entitled "An act to incorporate the Illinois Farmers'
Railroad company 306
An act to amend an act entitled •' An act to incorporate the Illinois Giaud
Trunk Railway". . . .'. 307
An act to amend an act entitled " An act to incorporate the Illinois South-
eastern Railway company" _ 308
An act supplemental to an act entitled "An act to amend an act to incorporate
the Illinois Southeastern Railway Company,"^ passed at the present session of
the general assembly 315
An relating to the Indianapolis and St Louis Railroad company, and to author-
ize extension of said railroad 316
An act to amend an act entitled "An act to incorporate the La Salle and La-
fayette Railroad company," approved February 15th, 1855, and the act amend-
atory thereof, approved February 21, 1859 316
Au act to change the name and amend the charter of the Madison County Rail-
road company, approved February 15, 1865 ". . . . .318
An act to amend an act entitled " An act to incorporate the McLean County Cen-
tral BraiK-h Railroad," approved February 22, 1S61 31 8
An act to change the name of the Muiphysboro and Shawneetown Railroad com-
pany to that of the Caibondale and Shawneetown Railroad company; to make
valid the subscription and agreement of the county court of Williamson coun-
ty, in regard to said railroad, and to further amend the act of incorporation,
approved March 7, 1867 321
VI CONTENTS.
RAILROADS— p^»e-
New Peitileges : • ■. r i
An act to amend an act entitled "An act to construct a railroad from the
Mississippi river, in Illinois, opposite Muscatine, Iowa, to Camden, Rock^
Island coantv. Illinois" • • ••3^3
An act to authorize the Ohio and Mississippi Railway company to build a branch,
to connect their road with a ferry or bridge to St. Louis 323
An act to amend an act entitled "An act to incorporate the Ogle and Carroll
County Railroad company" ; '^24
An act supplemental to " An act incorporating the Oquawka and Geneseo Rail-^
road company," approved March 26, 1869 326
An act to amend an act entitled " An act to incorporate the Ottawa, Oswego
and Fox River Valley Railroad company" 329
An act to amend an act entitled " An act to incorporate the Ottawa, Oswego and
Fox River Valley Railroad company" _• ■ -329
An act to amend an act entitled ' 'An act to incorporate the Pana, Spring-
field and Northwestern Railroad company" ;••."• '^^^
An act supplemental to an act entitled "An act to incorporate the Pana, Spring-^
field and Northwestern Railroad company _•• • • • .• • -332
An act to amend an act entitled "An act to incorporate the Pekin, Lincoln and
Decatur Railroad company" 333
An act to amend the several acts incorporating the Peoria, Pekin and J,ackson-
ville Railroad company ^^^
An act to amend an act entitled "An act to incorporate the Peoria and Rock
Island Railway company," approved March 1, 1867 339
An act to amend the charter of the Quincj, Alton and St. Lo*is Railway eom-
panv n' \"'j
An act to amend "An act to incorporate the Quincy and Warsaw Railroad com-^
pany" • • • ■•'^^'■
An act to amend an act entitled "An act to incorporate the Rockford, Rock
Island and St. Louis Raihoadcompany," approved February 16, A. D. 1865 342
An act supplemental to an act entitled "An act to amend an act to incorporate
the Rockford, Rock Island and St. Louis Railroad company," approved Febru-
ary 16th, 1865 3^^
An act to k-'gaiize the transfer of certain franchises and rights of action to tbe^^
Rockf.)rd, Rock Island and St. Louis Railroad company 346
An act to amend " An act to incorporate the Shawneetow;i aud Eldorado Rail-
road company _•■•;■•••*■■ "•'^'^^
An act to amend [an act entitled] "An act to incorporate the St. Charles Rail-^
road companv," in force February 18th, 1859 • 349
An act to build" a branch road of tlie St. Louis, Alton and Terre Haute Railroad^^
from Hillsboro to Staunton, Illinois ; 349
An act to amend an act entitled "An act in aid of the St. Louis, Jacksonville and^ •
Chicago Railroad Company," approved February 13, 1863 350
An act supplemental to an act entitled "An act to amend an act in aid of the St.
Louis, Jacksonville and Chicago Railroad company," approved March 6, 1869.350
A bill foi- an act to enable the St. Louis, Jacksonville and Chicago Railroad com-
pany to ac(iuire additional grounds for railroad purposes in the city of Jackson-
ville : • • •; ^■''^
An net to aMitiid an act entitled "An act to incorporate the St. Louis, Shelby-^ ^
ville and Tolona Railroad company," approved Feb. 19, 1867 352
An act to amend the charter of the St Louis, Vandalia and Terre Haute Railroad^
ooinpany <S5b
An act to increase the capital stock of the Toledo, Peoria and Warsaw Railway
company . . . . .ju x
An act CO amend an act entitled "An act to incorporate the Tuscola, Charles-
ton and Vincennes Railroad company" 355
SriiSCuii"TU).\s :
An act to legalize certain aids heretofore voted and granted to aid in the con-
struction of the Chicago, Danville and A'iiicenncs Railroad .355
An act t > cnat)lc towns, townships, cities or counties along the line of the Chi-
cago, Danville and Vincennes Railroad to contribute tovrard the construc-
tion of said railroad 356
An act to authorize the towns of Momencc and Ganicr, in Kankakee county, to
issue bonds in aid of the Chicago, Danville and A'incennes Railroad com-
pany ^^S
CONTENTS. VII
RAILROAD COMPANIES— pack.
SUBSCIUPTIONS:
An act to enable the representatives of stock subscription to the Grayville and
Mattoon Railroad company to donate and transfer said stock and to legalize
the election and the manner in which the stock was voted to aid in the con-
struction of said road 360
An act to authorize the incorporated towns and townships in the counties of Liv-
ingston, La Salle and Marshall to subscribe to the capital stock of the Hamil-
ton, Lacon and Eastern Railroad company 361
An act to amend an act entitled "An act authorizing certain cities, counties,
towns and townships to subscribe to the stock of certain railroads," in force
February 18, 185Y 362
An act to authorize certain cities and counties to indorse railroad bonds 363
An act to enable township 1*7, range 10 west, to subscribe to the capital stock of
the Peoria, Pekin and Jacksonville Railroad company 3(31
An act to empower county courts and the corporate authorities of cities and in-
corporate towns to subscribe to the stock of the Rockford, Rock Island and
Saint Louis Railroad 3C5
An act to authorize the county of Scott to subscribe to the stock of the Rockford,
Rock Island and Saint Louis Railroad 366
An act to amend nn act, approved January 23d, 1869, entitled "An act to author-
ize the county of Scott to subscribe to the stock of the Rockford, Rock Island
and St. Louis Railroad". . . , 337
An act to authorize certain counties and towns therein named to subscribe stock
in railroad companies ■ 3C8
An act relating to conditional votes for subscription to the capital stock of rail-
road companies in the county, cities, towns or townships, in Rock Island
county : 3Y1
An act to authorize certain towns in Hancock county to take stock in a railroad
company 3(^2
Legalized :
An act to legalize a certain election therein mentioned in the township of Brim-
field, in Peoria county 3'72
An act to legalize a certain election therein named 373
An act to legalize the proceedings of the electors of the towns of Edgar, Ross
Shiloh, Prairie, and Young America, in the county of Edgar and state of Illi-
nois, at special town meetings, respectively held in said several towns, on the
28th day of December, A.D. 1867, in relation to issuing bonds and appropriat-
ing money to secure an interest in the Indiana and Illinois Central Railway
company, and to aid in the speedy completion of the same, for other purposes
therein mentioned 373
An act to legalize the elections of the people of certain townships therein named
for subscription to the capital stock of the Hamilton, Lacon and Eastern Rail-
road company. , 375
An act to legalize the vote of Pike county, subscribing railroad stock to the Han-
nibal and Naples Railroad company and the Louisiana and Pike County Rail-
road company, and the subscriptions made in pursuance thereof 376
An act to legalize tiie act of the city council of the city of Quincy, Illinois, sub-
scribing to the capital stock of the Mississippi and Missouri Air Line Railroad
company 376
An act to legalize the vote of the town of Winchester, taken December 29th,
1868, authorizing a subscription to the stock of the Rockford, Rock Island and
St. Louis Railroad company ..377
An act to amend an act entitled " An act to authorize the inhabitants of the
incorporation of the town of St. Charles to subscribe to the stock of the St.
Charles Railroad company," approved February 21, 1859 373
An act to revive and continue in force an act approved February 25, 1867 enab-
ling the town of Warren, in Jo Daviess county, to issue bonds for railroad
purposes 373
An act to authorize subscriptions and donations to the capital stock of the
Western Union Railroad company 379
Taxes :
An act in relation to the Hamilton, Lacon and Eastern Railroad company, and
the local taxes thereon, in the counties of Livingston, La Salle and Marshall. .382
records-
Transcribing :
An act entitled an act to transcribe certain records in the county of Clinton.. 382
VIII ' CONTENTS.
RECORDS— PAGE.
Tbanscribing :
An act to authorize the circuit and county clerks of Franlilin county to trans-
cribe and index certain records therein named 383
An act to authorize the clerk of the county court of Franklin county to trans-
cribe the old probate record, B, of said county, and also the old marriage
record, and to index the same. 384
An act concerning records in Hancock county 385
An act to provide for transcribing certain records of Marion county, Illinois. ...385
An act to authorize certain records to be transcribed and kept in Menard county,
Illinois 386
An act to transcribe certain records in Monroe county . . " 387
SAVINGS companies-
Incorporated :
An act to incorporate the Young Men's Savings Associatioa of Charleston 388
An act to incorporate the German Savings Bank of Chicago 391
An act incorporating the Chicago Secure Depository company 395
An act to incorperate the Moline Savings Bank 398
An act to incorporate the Rockford Savings Bank of the City of Rockford 401
New Privileges :
An act to amend an act entitled "An act to incorporate the Dollar Savings As-
sociation of Cairo," approved February 28, 1867 405
An act to amend an act entitled "An act to incorporate the East St. Louis Real
Estate and Savings Bank," approved February 16, 1865, and to change the
name of the same 405
An act to amend an act entitled "An act to incorporate the Springfield Savings
Bank," approved February 28, 1867 ; 406
An act to amend an act entitled "An act to incorporate the St. Clair Savings
and Insurance company," approved February 24, 1859 406
An act to amend an act entitled "An act to incorporate the St. Clair Savings
and Insurance company," approved February 24, 1 859 407
schools-
City •
A.n act to amend an act entitled "An act to establish and regulate a, system of
public schools in the city of Bloomington," approved February 22, 1857, and
amendments thereto 407
An act to establish and regulate a system of public schools in the city of Centra-
lia .■ 409
An act in relation to the common schools in the city of Monmouth 414
An act for the establishment of a system of graded schools in the city of Nash-
ville, Illinois 414
Au act to repeal an act entitled " An act for tlie establishment of a system of
graded schools in Nauvoo, Illinois" 420
An act to amend an act entitled "Au act to establish free schools in the city of
Ottawa," and to amend an act entitled "Au act to charter the city of Ottawa,"
approved February 14, 1855, and of the acts amendatory thereto 420
An act entitled "An act to incorporate the Shelbyville Graded School" 422
Directors and Trustees :
An act authorizing the directors of the Ashton school district to build a school
liouse, and for establishing the bounds of said district and locating said school
house site 428
An act to confirm title 428
An act authorizing the school directors of '.listrict number two, in town number
thirty-eight north, of range fourteen cast, in the county of Cook, to raiso funds
for tli(> establishment of a graded scliool , 429
Au act to legalize tlie action of thn directors of schools in district seven (7), in
townships twenty -six (20) ami twenty-seven (27) north, range (12) twelve west,
in the county of Iroquois, in issuing bonds for the purpose of building a school
house , 430
An act to authorize school district No. thre«, township eight north, of range
eleven west, in Jersey county, state of Illinois, to issue bonds for the purpose
of building a school house 430
An act legalizing the action of trustees of town 18 west, of i-ange one east of 3d
P. M., in Macon, in leasing the school section of said town, and for other pur-
poses 432
An act to enable Wesley B. Lucas, a minor, to convey to the school trustees of
township three nortii, range ten west, in Madison county, a piece of laud for a
school house site 432
CONTENTS.
IX
schools-
Directors AND Trustees: page.
An act to legalize the purchase of a school house site by the school directors of
bu^M i tS itsi: ':!. ':: .^: '.^■:. ::' '^ ''''''-' *^- '^ ^-« ^-^^ ^o'
' An act to legalize the assessment of school directors of school 'district No' i" 'o'f^^^
town 26 n,,rth, of range 4 east, in the county of McLean, and state of Illino'is 433
An act toafford relief to the board of school directors of district four n town
ship one north, of range eight west, in St. Clair county, Illinois ' a^i
An act to legalize the acts of the school directors in union scliool district NoV
2 and 3, in town of Arispie, county of Bureau. ... uibirici ^os
An act to authorize the school directors of Union district numb'er'three '(3) 'do,',^'
las township, Iroquois county, Illinois, to issne bonds. ... ^ ' ' ^lo.
An act for the benefit of the school fund of White Rock township* m'OglV ;:;;;'tv 4?fi
An act 0 legalize the acts of the school directors of district number fiyeTs)^
W Will ; .^: r^ ^' ''"^' thirteen (13), in the town of Will, and coun-
Districts Established : ■*36.
An act to establish the Abingdon school district. . .
An act to establish the Ashmore school district, in Coles'county" 'lij'iiiois iJi
An act to create a school district for the township of Bourbon^oSs" eounty"
Illinois, to be known as "The Bourbon school district" '' ^'aa^
An act to create a certain school district therein named. . . ^tl
An act to establish Canton union district school, and a graded school' JwV;;
also, to provide for building additional school houses therein, to levy and co,'
lect special taxes, to issue bonds, and borrow money ^ ' . .
An act to incorporate the Harristowa school district f ^f
An act to incorporate the Henry union school district... til
An actto establish and form the Kickapoo union school district aTa
An act to establish and form the Mason high school district !^i
An act to establish the Momence union school district, in the town's' of Mo'm^noft
and Gamer, in the county of Kankakee, and state of.illinois, and to proviTe for
purchasing a site and building a school house thereon, to levy and collect a
special tax, to issue bonds and borrow money ^ oouect a
An act to establish the Niantie union school district. jll
An act to form and establish the Olney school district ^o!'
An act to establish and form the Paris union school district tit
An act to establish school districts in the city of Pekin, in Tazewell' count "v' ' ' '111
An act to incorporate the Rushville union school district ^' ' ' ino
An act to establish and form the Tuscola union school district ^,f
Districts Modified: ^H
An act supplementary to an act entitled "An act to create a school district for
the town of Bourbon, Douglas county, Illinois, to be known as he Bourbon
school district," approved March 26th, 1869 ... . «, o
An act to amend an act entitled "An act to amend an act enti"t]ed'''a'n' aci'foJ-'p'n
larging the Carthage school district,'" approved February 16 i865 Koa
An act to attach that part of range eleven (11) east, which lies in the'countV'o'f
Cobs to range ten (10) east, in said county, for school purposes.. ... ^ 520
An act to incorporate a certain portion of the town of Colona with the" 'r^^t o'f
the said town, for school purposes ^' °^
Sfur ^ctotliS"'^ ''' ''^^ '' ^^^^^"^' ^"^^°'^' ^« '^ ^-- as the
^'iiSict '.°.'?.°*^. !'.!'' A"'; '•'^ "^° "'* '" i'icorporat'eihe'H;;;i;;ow'n;;h;;f'^
An act to amend an act enti't'led' ''An' kcrt'o' 'define 'rs'chool'd'istri'c't' ilU;;,-",;^^^
named," in force Febiuary 20, 1867. ... district therein
An act to amend an act entitled "An act to create' ihe 'lll'iop'o'lis sch^^i di^tri^i'lfs
An ac o amend an act entitled "An act to incorporate the Kankakee school di.
tnct," approved February 16, 1865 "i^aKee sciiool dis-
An act to amend an act entitled "An act to amend an'ac't'to inco^por'at'e'th'e 'ian
kakee school district,'^ approved February 16, 1865 "..... ... 62^
CONTENTS.
SCHOOLS— PAGB.
Districts Modified :
An act to attach all fractional townships in Kankakee county to full townships
therein, for school purposes 529
An act to amend an act entitled "An act to incorporate the Lacon union school
district" 530
An act to repeal "An act for the relief of the inhabitants of township three (3)
north, range ten (10), and of the inhabitants of township three (3) north, range
nine (9) west, in Madison county, Illinois," approved February 16, 1857, and
any act amendatory thereof, and for other purposes . 530
An act to Stmend an act incorporating Marion school district, Williamson county.531
An act to amend an act entitled "An act to attach part of town5.hip twenty-one
(21) to township twenty-two (22), in McLean county, for school purposes," ap-
proved March 7, 1857. 532
An act to attach a part of town two (2) south, range nine (9) west, to school dis-
trict No. three (3), township two (2) south, range ten (10) west, in Monroe
county 532
An act supplemental to senate bill No. 172, entitled "An act to establish a school
district in the city of Pekin" 533
An act to regulate the school districts of the town cf Shields, in the county of
Lake , 533
Towns :
An act to amend an act entitled "Ah act to incorporate the Hamilton primary
school," passed February 1, 1840 534
An act for the establishment of a system of graded schools in the town of Wa-
terloo, and vicinity 534
SPORTING ASSOOIATiONS:
An act to incorporate the Belleville gymnastic association, (Tura gemeinde) . . .536
An act to incorporate the Bloomington sharpshooters' association, of Bloomington,
McLean county, Illinois 537
An act to incorporate the Capital athletic association 538
- An act to amend an act entitled "An act toincorporate the Chicago sharp shoot-
ers' association .'539
An act to incorporate the Illinois capital light guard, and for other purposes. . . .540
An act to incorporate the Litchfield sharp shooters' society, of Litchfield, Mont-
gomery couuty, Illinois , 541
A bill for ac act to incorporate the Marine sharp shooters' society, Marine, Mad-
ison county, Illinois 543
An act to amend an act entitled "An act to incorporate the Helvetia sharp shoot-
ers'society, of Highland, Madison county, Illinois," approved February 16th,
1863 , 544
STOCK EXCHANGE COMPANY:
An act to incorporate the Chicago stock exchange 544
STOCK' YARDS:
An act to incorporate the East St. Louis stock yard company 546
towns-
Incorporated ;
An act to incorporate the tovirn of Albion 648
An act to incorporate the town of Annawan, in the countv of Henry, and state of
Illinois '. 557
An act to incorporate the town of Ashland, in Cass county 566
An act to incorporate the town of Astoria, Fulton county 575
An act to incorporate tlio town of Bardolph, and for other purposes 581
An act to incorporate the town of Belle Prairie City, in Hamilton county 588
An act to incorporate the town of Bethalto, Madison county B97
An act to incorporate the town of Bowensburg, in the county of Hancock, and
state of Illinois 604
An act to incorporate the tov/n of Bradford, in the county of Stark 612
An act to incorporate the town of Broadwcll 622
An act to incorporate the town of Casey ville, St. Clair county 628
An act to incorpoi'ate the town of Ccntcrville 636
An act to incorporate the town of Chebanse 643
An act to incorporate the town of Ciienoa 655
An act to revise the charter of the town of Cicero, Cook county 666
An act to incorporate the town of Clay City 680
An act entitled "An act to incorporate the town of Coatsburg, in the county of
Adams, and state of Illlinois" 685
CONTENTS. XI
PAGE.
towns-
Incorporated :
An act to incorporate the town of Cuba 692
An act to incorporate the town of Dakota 701
An act to incorporate the town of Dorchester and additions, in the county of Ma-
coupin, in the state of Illinois, into a school district, and to authorize the in-
habitants thereof to levy a tax for the purpose of building and furnishing a
school house TO?
An act entitled an act to incorporate the village of Elwood, of Will county, Illi-
nois 70*7
An act to incorporate the town of Evansville, in the county of Randolph, and
state of Illinois 714
An act to incorporate the town of Fayetteville 723
An act to incorporate the town of Frankfort, in Franklin county 727
An act to incorporate the town of Gardner 727
An act to incorporate the town of Gillespie 736
An act to incorporate the village of Glencoe 744
An act to incorporate the town of Grafton -759
An act to incorporate the town of Georgetown 768
An act to incorporate the town of Greeuview, in the county of Menard, and state
of Illinois ; , 772
An act to incorporate the town of Gridley 77^
An act to incorporate the town of Hey worth 782
An act to incorj^orate the town of Illiopolis, Sangamon county, Illinois 789
An act to incorporate the town of Irving, Montgomery county 799
An aet to incorporate the town of Jefi'erson, in the county of Cook, and state of
Illinois • 802
An act to incorporate the town of Jeff'orsonville, in Wayne county 808
An act to ineorporate the town of Kane 816
An act to incorpornte the town of Kiaderhook 825
An act to incorporate the town of Lanark 831
An act to incorporate the town of La Prairie, in the county of Adams, and state
of Illinois 839
An act to incorporate the town of Leroy , 848
An act to incorporate the town of Loda, Iroquois county, Illinois 856
An act to incorporate the town of Lombard, in DuPage county, Illinois 871
An act to incorporate the town of Malta, intheoounty of De Kalb, Illinois 880
An act to incorporate the town of Mecbanicsburg 886
PRIVATE LAWS.
EAILEOAD COMPANIES— INCORPOEATED.
[Contluued from Vol. II.]
AN ACT to incorporate the Decatur, Sullivan and Mattoon Railroad Id force March
Company. 2(i, 1869.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That Corporators.
Henry Prather, Alonzo Pierce, E. O. Smith, W. P. Mc-
Gaire, S. H. Morrell, S. F. Greer, N". G. Blalock, John
Meeker, James TayJor, J. A. Freeland, E. JNojes and
Charles Dole, their associates, successors and assigns, be •
and they are hereby constituted a body corporate and poli-
tic, under the name and style of "The Decatur, Sullivan Name and style.
and Mattoon Railroad Company;" and, by that name,
shall have perpetual succession, with power to contract Corporate pow-
and be contracted with, sue and be sued, plead and be im- ^'■^•
pleaded, in ail courts and places ; to adopt a common seal,
and alter the same at pleasure; and to adopt such laws,
rules and regulations as they may deem expedient; and to
take, purchase, hold, lease, sell and convey estate or prop-
erty, whether real, personal or mixed, so far as the same
may be necessary for the purposes hereinafter mentioned ;
and may have and exercise all the powers, rights, privileges
and immunities which are or may be necessary or proper
to carry into effect the purposes and objects of this act.
§ 2. The said company shall have full power and au- survevandio-
thority to locate, construct, complete, maintain and operate ^^tionof road,
a railroad, with one or more tracks, from the city of Deca-
tur, Macon county, Illinois, to the town of Sullivan, in the
county of Moultrie ; thence to the city of Mattoon, in the
county of Coles, or to any other point south or east from Route of road,
the said town of Sullivan, m the state aforesaid ; and tlie
board of directors of said company shall have power to
establish such tariff of rates for the transportation of per-
sons and property, upon said railroad, as they from time to
time may determine, and to levy and collect the same for
the use of said company.
YoLlIl— 1
3
EAILROAD COMPANIES — INCOEPOEATED.
Power to con-
demn lands for
right of way.
Power to con'
golidate road.
Amount of cap-
ital stock.
§ 3. For the purpose of constructing said railroad, said
company sliall have the authority to enter upon any lands,
to lay out, designate and estabhsh their roads, in width not
exceeding one hundred (100) feet, through the entire line
thereof; and for constructing shops, depots and other suita-
ble appurtenances to said road, the said company may
take, have, hold and use any lands, on either or both sides
of said road, not exceeding two hundred feet in width,
and may take all such lands as gifts or purchases, or by
making compensation therefor in the manner prescribed
by the general laws of this state.
§ 4. Said company shall have power, by and with the
consent of the owners of three-fuurths of the capital stock
of said company, to connect or consolidate with any other
railroad or railroads, now constructed or hereafter to bo
constructed in this state, for the purpose only of forming a
more extended or continuous line of railroad, upon such
terms as may be mutually agreed upon ; and the said com-
pany shall acquire, have and enjoy all the necessary rights,
powers and privileges possessed by the corporation united
with by virtue of such consolidation.
§ 5. The capital stock of said company shall consist of
two millions of dollars, and may be increased, from time
to time, at the discretion of said company : Provided^ that
the same shall not exceed the aggregate cost of said rail-
road and its appurtenances — said stock to be divided into
shares of one hundred dollars each, which shall be deemed
personal property. Certihcates thereot to be issued, trans-
ferred and registered in such manner and at such times as
may be prescribed by its board of directors. Said board
of directors shall prescribe the manner, time and place of
opening books of subscription to said capital stock, the
amount thereof to be paid in, and all other regulations that
they may deem necessai'y concerning the same.
§ 6. The aforementioned incorporators, or a majority
thereof, shall constitute the hrst board of directors of said
company. Their lirst meeting shall be held upon the call
of two-thirds of said in(;or()orat')r8 ; and all the corporate
powers of said company shall be vested in the board of di-
rectors, to consist of not less than seven nor more than
thirteen members. The lirst board of directors bIuiII hold
office until their successors are elected and qualitied ; and
their successors shall be elected and hold office for one
year, or until their successors are elected and qualitied.
Time and i.iace The first board of directors shall pre8cril)e tlie time and
place ot election ot directors and ot the president, secre-
tary, treasurer and other officers of said company and the
qualifications of those voting and to be voted for: J^ro-
mded^ that such election shall be held within twelve
months from the passage of this act, and that each share
of stock subscribed shall be entitled to one vote. Yacau-
Board of direc
tors.
of eleciiou.
KAIL ROAD COMPANIES INCOKPORATED. 3
cies in the board of directors may be filled by two-thirds
of the remaining members until the next election. The open books
first board of directors shall, also, prescribe the place and "'^ ^'^'^'^'^''^p'!"'!
manner of opening books of subscription to the capital
stock of said company and the amounts to be paid in on
such subscription. The certiticate of the secretary of said
company, under the corporate seal thereof, shall be re-
ceived in all courts of justice and elsewhere as evidence of
the regular organization of said company under its charter
and of any act or order of the board of directors of said
company and of any fact set forth in their books or records.
§ 7. The said company is authorized to borrow such May borrow
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 denominations and at such rate of interest and dis-
count and in such form and upon such terms and condi-
tions as to them may seem best for tiie speedy conipletion
of said road and maintaining the same ; and the construc-
tion of said road may be commenced without reference to
the amount of stock which may be subscribed ; and no
forfeiture shall take place by reason of the non-completion
of the whole of said road, but such part as may be com-
pleted may be operated by the company.
§ 8. Whenever it shall be necessary for the construe- intersections,
tioii of said railway to intersect or cross the tracks of any
other railway, stream of water, water course, road or high-
way, on the route of said railroad, it shall be lawful for
the said railway to construct their railway upon the same :
Fromded^ that the said company shall restore the railway,
stream of water, water course, road or highway thus inter-
sected or crossed to such condition as shall not materially
impair its usefulness.
§ 9. The several incorporated towns, cities, counties Towns and
and towns organized under the township organization law, stock. ™"^ ^^^^
along or near the route of said road, or that are in any
way interested therein, may, in their corporate capacities,
subscribe to the stock of said company or make donations
thereto, to aid in constructing or equipping said railroad :
Provided^ that whenever twenty-five legal voters of any
such incorporated town, city, county or township shall
present to the clerk thereof a written application,
requesting that an election shall be held to determir.e
whether such incorporated town, city, county or township
shall subscribe to the capital stock of said company or
make a donation thereto, to aid in constructing or equip-
ping said railroad, stating the amount and whether sub-
scribed or donated and the rate of interest and times of
payment of the bonds to be issued in payment thereof,
such clerk shall receive and file such application, and shall Nouceofeiec-
forthwith proceed to post wi'itten or printed notices of an
election, to be held by the legal voters of such incorpo-
4; RAILROAD COMPANIES — mcORPORATBD.
rated town, city, county or township, which notice shall be
posted in four of the most public places of such incorpo-
rated town, city, county or township, for thirty days pre-
ceding an election ; and said notices shall state fully the
objects of such election; and said election shall be held
and conducted and returns thereof made as provided by
law in this state and the charter of any such incorporated
town or city, and additional returns thereof to one or more
Submitted to of the corporators under this act, or of the direct-
legai voters. ^^.g (.j^Qsen in pursuance hereof. Each elector shall
vote at such election for subscription or donation, as
the case may be ; and if a majority of the votes at such
election shall be in favor of such subscription or donation.
Supervisor to then the corporate authoiities of such incorporated town,
subscribe stock, ^.^y^ couuty or towu supcrvisor of such township shall
subscribe to the stock of said company or donate thereto,
as shall be determined at such election, the amount so
voted at such election, and shall issue the bonds of
such incorporated town, city, county or township to
said railroad company, in such denominations as said
company shall require — the time of maturing of said
bonas and the rate of interest, not exceeding ten per cent.
per annum, to be in accordance with the notice calling
such election ; and in all cases of the issue of bonds under
Township de- this act the same shall be countersigned by the clerk of
fi^i^d. such incorporated town, city, county or township. The
word township, in this act, shall be understood to describe
towns organized under the township organization laws of
this state. Any incorporated town, city, county or town-
ship subscribing stock or donating to said railroad, as
aforesaid, shall, by its proper authorities, annually there-
county may after, levy and collect a suthcient tax on its assessed prop-
take stock. gj.|.y ^Q p^y ^]^g interest on its bonds so issued as aforesaid.
§ 10. The board of supervisors of Moultrie county are
hereby authorized to subscribe to the capital stock of said
company to an amount not exceeding eight}'' thousand dol-
lars, and to issue the bonds of the county therefor, bear-
ing interest at a rate not exceeeding ten per cent, per an-
num— said bonds to be issued in such denominations and
to mature at such time as said board of supervisors may
determine : Provided, that the same shall not be issued
Transportation. Until the Said road shall be opened foi- trathc between the
Requirements, city of Docatur and thc town of Sullivan, aforesaid.
§ 11. Said company shall transport tire wood, coal and
fuel, of every description, whenever the same shall he of-
fered to such company for transportation, at rates as low as
the rates of said company shall charge for the transporta-
tion of other freight of a similar class.
§ 12. This acit shall be deemed a public act, and be in
force from and after its passage.
Approved March 26, 18GD.
KAILBOAD COMPANIES — INOORPOEATED.
AX ACT to incorporate the Dixon and Quincy Railroad Company, In force March
4, i8(iy.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly, That Johu corporators.
Dement, William H. VanEpps, James M. Allan, Thomas
B. Cabeen, William D. Smith, Calvin y. Orth, Benjamin D.
Ellett, Abraham B. Sheriff, Joseph P. Wycotf, Levi A., En-
der, John Geddis, Kobert Moir, John McKinney, sr,, James
Francis, William C. Rice, Cephas Parks, Corneilus D. Et-
tinge, and William Lomax, and their associates, successors
and assigns are hereby created a body politic and corpo-
rate, under the name and style of " The Dixon and Quincy Name and style.
Railroad Company," with perpetual succession ; and, by
that name, they are hereby made capable, in law and in corporate pow-
equity, to sue and be sued, plead and be impleaded, de- ^^^'
lend and be defended, in any court of law or equity — in
this or any other place; to make, liave and use a common
seal, and the same to renew and alter 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 the said company are herebv authorized construction of
and empowered to locate and construct, and finally to com-
plete and put in operation a railroad, from the city of
Dixon, on Rock river, to the city of Quincy, on the Missis-
sippi river ; locating said railroad by way ot" Keithsburg ;
adopting whatever route between the points named that
the board of directors may deem most practicable, and, for
this purpose, said company are authorized to lay out their
said railroad, not to exceed one hundred and fifty feet in
width, and, for the purpose of making cuts or embank-
ments, may take as much more land as may be necessary
for the construction and security of said road.
§ 2. The capital stock of said company shall be eight AmonntcapUai
million dollars, and shall be divided into shares of one hun- ^^'^^^'
dred dollars each, and may be issued, transferred, certified
and registered in such rianner and in such places as may
be ordered and provided by the board of directors, who
shall have power to prescribe the terms and conditions
upon which such stock may be taken and subscribed, and,
for this purpose, the board of directors hereinafter named
and appointed shall cause books to be opened for subscrip-
tion to the capital stock of the company at such times and
places and in such manner as they may direct, naming
therein such terms and conditions as may be agreed upon
for the protection of the rights and interests of the stock-
holder.
§ 3. As soon as fifty thousand dollars of subscription organization,
has been made to the capital stock of said road, it shall be
lawful for said company to commence the construction c^f
b KAILKOAD COMPANIES — INCORPOKATED.
the same ; and unless said company obtain such subscrip-
tion to their capital stock and shall elect directors and
become fullv or^atnzed within live years from the passage
of this act then this act shall be null and void.
Townshipsmay § ^- Towuships through which the line of said railroad
take stock. shall pass, or lying within fifteen miles of the same, are
hereby authorized to subscribe to the capital stock of or
make donations to said road, in any sum not exceeding
fifty thousand dollars : Provided, that such subscription
be authorized by a majority of the votes cast at an election
held for that purpose, after due notice has been given of
the time and place and object of the same, by posting up
notice in six of the most public places within such town-
ships, for a period of not less than thirty days from the day
of holding such election ; and in counties having township
lection. Organization it shall be the duty of the supervisor or in his
absence the town clerk, upon the written request of ten or
more citizens of such township, that an election for the
purpose named be held, to proceed immediately to call such
election, by giving the required notice and causing a regis-
try of the votes to be made as in other elections now pro-
Submitted to vldcd ; and shall cause the polls to be opened, when the
legal voters. in i , ^ i^ ,. •
voters shall proceed to vote, by ballot, tor or against sub-
scription to the capital stock of the Dixon and Quincy
Kailroad, conducting such election in the same manner as
other township elections ; and if a majority of votes cast
are in favor of such subscription, it shall be the duty of the
Issue bonds. {qwii board to make provision for the payment of the same,
by causing bonds to be issued in the name of the township,
payable within twenty years, and running not less than
five, bearing a rate of interest not exeeediug ten per cent,
per annum, which bonds may be negotiated for money to
pay said subscription or transferred to the company at par,
it' the town board and directors so agree ; and it shall be
the duty of the supervisor of such town to make out
and transmit to the board of supervisors of the county in
which such election is held an abstract of the proceediugs
of such election, certified to oflicially by the town boaid,
whereupon it shall be the duty of the said board of super-
visors to cause the same to be filed in the county clerk's
Levy tax to office ; and they shall proceed to levy a tax upon such
paymterest. towiiship annually an amount suflicient to pay the interest
and create a sinking fund for the payment of the principal
within the time limited in the said bonds, and cause tuch
tax to be spread upon the collector's bo(»ks for collection
with other taxes ; and the tax so levied is hereby placed
u))on the same footing as taxes levied for state and county
pui'poscs.
Powers of the ^i 5_ J^ couiitics uot havinj; townsliio organization it
county court. i . i i i j. i ,. i '^ ' *r
Election. sluill be iawiul lor the county court, on the written request
often or more citizens of any congressional township or
RAILROAD COMPANIES — INCORPORATED. ^
fractional part of one, already forming an election precinct,
asking for an election to be held in the same, to vote upon
taking capital stock in the Dixon and Quincy Railroad, to
appoint tliree commissioners, residing in the same, one at
least being a justice of the peace, who, together, shall be
authorized to act as a township board, and proceed in all
matters pertaining to such election, in eubficribing stock
and issuing bonds, as provided in the f<>rx3going section :
I^rovided, that fractional townships not created into election
precincts may be attached to said other township, as the
county court may determine, the justice of the peace dis-
charging the duties required of the supervisor in the fore-
going section, and such townships so organized shall for
this special purpose be created a body corporate and po-
litic, possessing all the rights, in law and equity, and shall
be placed on an equal looting with townships having
township organization — the county court performing the
duties required of the supervisors in counties having town-
ship organization.
§ 6. Corporate towns lying within the limits heretofore coi-porate sub-
described, along the line of said road, shall be authorized ^^"p*^°"-
to subscribe to the capital stock of said railroad in any sum
notexceeding twenty per cent, of the assessed value of the
real estate within the corporate limits of such town, and, for
this purpose, the trustees of any such corporation or town
board are hereby authorized to hold an election, observing
all the requirements of section live of this act— the board
of supervisors or the county court, as the case may be,
taking the same as required in the preceding sections.
§ 7. All corporate powers of said company shall be corporate pow-
vested in and exercised by a board of directors, to consist ^rs.
of not less than seven and not more than nine in number, Board of di-
and such other officers, accents and servants as they shall '' *^ °'^'
appoint. The first board of directors shall consist of Jolin
Dement, William H, YauEpps, Thomas B. Cabeen, Wil-
liam D. Smith, Benjamin D. Ellett, John McKinney, sr.,
Andrew Crawford, James D. Morgan and Isaac McManus,
who shall iiold their office until their successors are elected Termor offie.
and qualified. Yac-mcies in the board may be filled by a
vote of the remaining two-thirds of the directors, such
appointees to continue in office until the next annual elec-
tion of directors; the time, place and notice of said annual Election, time
election, to be determined by the said board of directors ; *°'^^'''"'^''^'
and at all meetings of the stockholders, each person owning
stock shall be entirled. by himself or proxy, to cast one vote
for each share tf stock actually and bona fidely held by
such persons : Provided, that the terms of payment on such
stock, if the same is due, have been complied with.
§ 8. The said company is hereby authorized, by their snn-eva and
agents, surveyors and engineers, to cause such examination ^^*™"^''"*'"*-
and survey to be made of the ground and country between
KAILROAD COMPANIES — INCOKPOKATED.
Route of road.
Payment
lauds.
Transportation
of freight.
Rates, etc.
Rules for gov-
ernment.
Failure to elect
not to change
act.
intersections.
the points already named as shall be necessary to determine
the route for the proper line or course whereon to construct
their said railroad ; 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 railroad aforesaid, its depots, side-
tracks, water stations, engine houses, machine shops and
other buildings and appendages necessary for the construc-
tion and working of said road : Provided^ that all lands or
real estate entered upon and taken possession of and used
by said corporation, for the purpose and accommodation of
such road or upon which the site for said road shall have been
located or determined by the 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
purposes of said railroad ; and all lands entered upon and
taken for the use of said corporation, which are not dona-
ted to said company, shall be paid for at such price as may
be mutually agreed upon by the said corporation and
owner or owners thereof; and, in case of disagreement, the
price shall be estimated, fixed and recorded in the manner
provided by the general laws now in force or which may
hereafter be in force providing for the condemnation of
land for the purposes of internal improvement.
§ 9. The said corporation may take and transport upon
said railroad any person or persons, merchandise or other
property, by the force and powers of steam or animal, 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 said directors shall es-
tablish ; and the said directors are hereby authorized and
empowered to make all necessary rules, by-laws, regula-
tions 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, in such manner as shall be
provided by the by-laws and ordinances of said company.
§ 10. In case it should at any time happen that an
election of directors shall not be made any day in which in
pursuance of this act it ought to be made, the said corpora-
tion shall not for that cause be deemed dissolved, but such
election shall 1)0 held at any otlier time, if the stockliolders
shall so decide at any meeting called for that purpose.
§ 11. Whenever it shall be necessary for the construc-
tion of said railroad to intersect or cross a track of any other
railroad or any stream of water, road or highway, on the
route of said road, it shall bo lawful for the company to
construct their railroad across or upon the same, and they
shall be authorized to take and condemn for their use
such portion of the road bed of the Warsaw, liock Island
and Galena Kailroad as may be along the line of their road :
BAILROAD COMPANIES — INCOEPOKATED. d
Provided, that any railroad, stream of water, road or liigli-
way shall be restored to its former state, as near as possible,
after such crossing, or sufHcently so as not to impair their
usefulness.
§ 12. Said corporation shall have power to unite its May nniic with
railroad with any other continuous lines of railroad or rail- o'^"'"'"'"^*'-
roads now finished or constructincv or that may hereafter be
constructed within this state or that shall terminate at the
Mississippi river, either in Iowa or Illinois, upon such
terms as may be mutually agreed upon between the com-
panies so connecting, and, for that purpose, full power is
hereby given to such companies to make and execute such
contracts with any other company or companies as will
secure the objects of such connection.
S 13. Said company, is hereby authorized, from time to May borrow
.- . y 1 ►.- 1 money.
time, to borrow such sums ot money as may bo necessary
for completing and furnishing or operating their said rail-
road, and to issue and dispose of their bonds, in denomina- saic of bonds,
tions of not less than five hundred dollars, bearing a rate
of interest not exceeding ten per cent., per annum, for any
amount so borrowed, and to mortgage the corporate prop-
erty and franchises to secure the payment of any debt con-
tracted by said company for the purpose aforesaid ; and
the directors of said company may confer on any bondhold-
er of any bond issued for money borrowed, as aforesaid,
the right to convert the principal due and owing thereon
into stock of said comjDany, not exceeding ten years from
the date of said bond, under such regulations as the direc-
tors of said company may see fit to adopt ; and all sales of
such bonds that may be made at less than their par value
shall be good and valid and binding upon said corporation
as if such bonds had been soM for the full amount thereof.
§ 14. The width of said road shall be determined by width of road.
the said corporation, within the limits prescribed in the
first section of this act.
§ 15. The directors herein named are required to or- orgauizatioa.
ganize the board, by electing one of their number presi-
dent and by appointing a secretary and treasurer.
§ 16. None but stockholders are eligible to the office of -Directors.
director in the same.
§ 17. Said company shall have the right of way over Right of way.
any lands belonging to the state, and it shall [be] lawful
for said company to enter upon and take possession of and
use, ibr the purpose of construction and protection of said
road, any lands belonging to the state, without being sub-
ject to any claims for damages whatever.
§ 18. Said corporation shall transport firewood and Artidc?ofand
fuel of every description, over its railroad, whenever the tion. '"'^''°'^ ''"
same shall be offered for transportation, at rates as low as
the rates said company shall charge for the transportation
of other freights of a similar class.
Vol. Ill— 2
Name and style.
10 RAILROAD COMPANIES — INCORPORATED.
When act to § 19. Tliis act shall be deemed a public act, and shall
take effect. ^^ favorably construed for all purposes therein expressed
and declared, in all courts and places whatever, and shall
be in force from and after its passage.
Appkovj:d March 4, 1869.
In force March AN ACT to incorporate the Evansville and Southern Illicois Kailroad Com-
26, 1S69. pany.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That Samuel
Corporators. K. Casev, WilUs D. Green, Samuel S. Marshall, Aaron G,
Cloud, Richard "W. Townshend, John M. Crebs and Dr.
A. M. McOlain, and such other persons as they may asso-
ciate themselves with, for the purposes of this act, are here-
by constituted a body corporate and politic, by the name
and style of "The Evansville and Southern Illinois Rail-
road Company," with perpetual succession; and, by that
Corporate pow- name and style, shall be capable, in law, of ♦aking, purchas-
er's, ing and holding, leasing, selling and conveying estate and
property, whether real, personal or mixed, so far as the
same may be necessary to carry into full eifect the pur-
poses hereinafter mentioned; and, in their corporate name,
may sue and bo 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 ob-
iects and purposes of this act, as the same are herein set
'forth.
Location and § 3. The Said railroad company shall have full power to
"locate, construct, maintain and operate a railroad, with one
or more tracks, from the town of McLanosboro, in Hamil-
ton county, Illinois, and through the towns of Entleld and
Carmi, in White county, Illinois, to the dividing line be-
tween the states of Indiana and Illinois, on the Big "Wabash
river; and, for this purpose, are authorized to lay out their
said road, not exceeding one hundred and fifty feet in width,
through its whole length, and for the purpose of cuttings,
embankments, dej)ots, grounds and other necessary uses,
including sidings and branches, not exceeding ten miles in
length, may take as much more land as may be required
for the constrnction, security and business of the said rail-
road.
Amountcapitai § 3, The capital stock of said railway company shall be
one million live hundred thousand thousand dollars, which
may hereafter be increased by a majority in interest of the
stockholders to [at] any meeting called for such purpose, to
any amount not exceeding three millions of dollars; and
construction of
road
Stock.
RAILROAD COMPANIES — iNCOEPORATEt). ll
such capital stock shall be divided into shares of one hun-
dred dollars each. No stockholder shall be held liable for
the debts or other liabilities of the company beyond the
amount of stock for which he may have subscribed.
§ 4. The stock of said company shall be deemed per- ereouai^^T^*
soual property, and may be issued, certiiied, transferred erty.
and registered in such manner and at such place as may bo
ordered and provided by the board of directors, who shall
have power to require the payment of stock subscribed, in
the manner, at the time and place and in such sums as they
may direct; and on the neglect or refusal on the part of the stock forfeited,
stockholders, or any of them, to make payment, on the re-
quisition of the board of directors, the shares of stock delin-
quent or so unpaid may, at the option of the said board of
directors, after thirty days' public notice, be sold at public
auction, under such rules as the board of directors may
adopt. The surplus money, if any remains after deducting
the payment due, with interest and cost of sale, to be paid
to the delinquent stockholder, or the directors may com-
mence proceedings at law for the collection of any and all
amounts duly subscribed and unpaid.
§ 5. The immediate government and direction of said a^^d^^r^Xec-
company shall be vested in seven directors, who shall be tors,
chosen annually by the stockholders and hold their offices
until a new board is chosen and qualified. Until a first
choice of directors, the corporators above named shall con-
stitute the board of directors, with power to fill vacancies vacancy.
and discharge all the duties which might be vested in a
board of directors, as herein provided, and four of the cor- Quomm.
porators sliall be a quorum, and may, at any time after the
passage of this act, cause books to be opened for subscrip-
tion to the capital stock of the company, at such time and
terms and place or places, according to such conditions and
regulations and under the supervision of such persons as
they may direct. The corporators and directors shall choose officers.
one of their number as president and select a secretary and
treasurer, each of whom shall be a stockholder in the com-
pany.
§ 6. All the corporate powers of said company shall be corporate pow-
vested in and exercised by the board of directors, a majori- ^""
ty of whom shall constitute a quorum for the transaction of Board of di-
business, and shall have power to appoint such other of- ^^^ ^^^'
ficers, agents or servants as they may deem necessary. Va-
cancies in the board of directors may be filled by a majority
of those remaining — such appointees to remain in office
until the successors of the then board shall be qualilled.
The annual election of directors shall be held on the second aluu.ii election.
Tuesday of February, in each year, or on such other day as
may be ordered by the board, at such place as may be pro-
vided by the directors, two weeks' notice being given by
12 SAILEOAD companies — INCORPOEATEi).
publication in one or more newspapers published on the line
of said railroad.
Vote of stock- § 7. At any election for choosing directors, or for other
holders. purposos, each share of stock, unless otherwise directed
and provided by the board of directors, after due notice and
action thereon by three-fourths of the whole number of di-
rectors, shall bo entitled to one vote, to be given either in
person or by proxy; and those persons receiving the high-
est number of votes, each being voted for directly, shall be
declared elected, and shall hold their office until their suc-
cessors are elected and qualified. All elections of directors
shall be conducted by three stockholders, chosen by those
present.
May borrow § 8. The board of directors are hereby authorized, for
and in behalf of said company, to borrow money, from time
to time, on the credit of the company, at any rate of interest
not exceeding ten per centum, per annum, for the purpose
of construction, equipment and machinery and other pur-
poses, as necessities may require, and may issue its corpo-
rate bonds therefor, in denominations not less than one
hundred dollars, with coupons attached for the interest, and
to secure the payment thereof, with the interest that may
accrue thereon, may mortgage their corporate property or
franchises, or both, or may convey the same by deed of
trust for said purposes; and the directors may cause to be
issued, when in their judgment the same may be necessary,
certificates of stock, which shall be duly registered, signed
and executed, which shall be called and held 'preferred,' and
to which stock certificates and to the holders thereof shall
be given such rights, privileges and immunities as may be
deemed best for the interest of the said railroad : Provided^
the whole amount of such preferred stock shall not exceed
iifteon thousand shares of one hundred dollars each ; and
they may, through their president or other officers or
agents, sell, dispose of or negotiate such bonds or stock, or
both, within or without the state, at such times and such
prices as may be deemed expedient, either before, during
or after the construction of said railroad, and all such sales'
and negotiations shall be held legal and valid.
Divideuae to g 9. The Said Company shall, annually or somi-annually,
make such'dividends as they may deem proper of the net
income, profits or receipts of the said company among the
stockholders, according to the value of their interests. The
company shall have power to contract for the building of
said railroad, or any portion thereof, by their president,
with the consent or approval of the board of directors, or a
majority of thein, and power to contract for, purchase and
place on said railroad all machines, machinery, rolling stock
and other propert}'-, which they may deem necessary for
constructing, equipping and operating said railroad, also
power to trans})ort or carry upon said railroad, by force of
ftAILKOAD COMPANIES — INCOKPOBATED. 13
steam, animals or combinations of them, passengers and
property, of all kinds, and may fix, establish and receive
such rates of toll therefor as the directors shall, from time
to time, establish, and shall carry and transport the mails at
agreed rates.
§ 10. The said company shall have power to consolidate May unite with
and connect its railroad with any other continuous line of °^'^^'' "^'^^
railroad, now authorized or hereafter authorized to be con-
structed, upon such terms as may be agreed upon, and, for
that purpose, full power is hereby given to make and exe-
cute such contract as will secure the object of such consoli-
dation or connection.
§ 11. The said railroad may be constructed, and sections construction of
of any prescribed length, and any portion so constructed ^°^''^^'
may be put in operation, with the full powers of collecting
tolls given in section nine of this act. The board of direc- Rules for gov-
tors shall have ])0wer to control and regulate the manner of °'''^™^"t-
transportation of persons and property, and shall have pow-
er to make, ordain,- establish and execute all such by-laws,
rules and legulations as they may deem necessary and ex-
pedient to fulfill the purposes and carry into effect the pro-
visions of this act and for the well ordering and securing
the affairs, business and interests of the company.
§ 12. Whenever it shall bo necessary for the construe- crossings, etc.
tion of said railroad to intersect or cross the track of any
other railroad or to cross any stream of water or water
course or road or highway, lying on the route of said rail-
road, it shall be lawful to construct said railroad across,
upon or by the side of the same ; and it shall be lawful for
the incorporate authorities of any incorporate city or town
through which said railroad shall be located to donate or
lease to said railroad company, as a right of way, the right Right of way.
to lay one or more tracks through said city or town or any
poi'tion .thereof or any street or highway or alley.
§ 13., The said company, and under their direction their condemn land,
servants, engineers, agents or workmen, are hereby au-
thorized to enter upon and into the lands and grounds of
the state, of any person or persons or bodies politic or cor-
porate, and survey and take levels of the same or any part
thereof, and to lot out and ascertain snch parts as they may
deem necessary for building said railroad, with one or more
tracks, sidings and branches, and, for all purposes connect-
ed with said railroad, to take, appropriate and use any
lands, to cut down all timber and other trees within seven-
ty-five feet of the centre line of said railroad, and also to
erect, build and set-up in and upon the route of said rail-
road or upon the lands adjoining the same all such works,
banks, ways, roads and conveniences as may be required
for the purposes of said railroad, and to widen, amend and
improve the same, from time to time, as may be found ne-
cessary ; and for materials to build, ballast and repair the
14: RAILKOAD COMPANIES — INCOKPOKATEt).
same or any of them, and the right of way to said mate-
rials, the said company are hereby authorized and empow-
ered to take, condemn and use the same, under the provi-
sions of "An act to amend the hiw condemning the right of
way for purposes of internal improvement," approved June
22, A. D. 1852, and any other and alllaws of this state that
may be in force ; and in estimating damages for the right
of way or other rights affected under this act, commission-
ers or juries shall take into consideration the benefits to be
derived by the owner or occupier of said land, from the
construction and operation of said road.
Powers and pri- § 14. Full authority and power is hereby conferred upon
viiegea. ^y^^ ^^:^^ Company to avail itself of any and all provisions
of the general railroad laws of the state, now in operation
or which may hereafter go into operation, and in cases
where there may be any contradiction or difference the
said company may elect to act and proceed under any pro-
vision of either law, at its option, or confine itself to the
provision of this act, in part or in whole, as it may deem
best.
May receive § 15. The Said Company is hereby authorized to receive
gilts, etc. g^^^^ ^^gg ^^^^ subscriptions, donations or gifts, whether made
in connection with the capital stock or otherwise, either in
money, land or other values or property, and may issue
shares of capital stock therefor.
Towns and § 16. The sevcral counties in which any part of said
stock™^^ ^^'^'^ railroad may be located or that may lie on or near the line
of the railroad, and the several townships in such counties
which have adopted or may hereafter^; adopt township or-
ganization, and the cities and incorporate towns in the said
counties, are hereby authorized to subscribe and take stock
in said company, upon the application of said company, for
such an amount as they may think proper, payable in bonds,
lands or right of way, and subject to such agreements and
stipulations as to the route of said railroad, the time of de-
livery and payment of the bonds, as may be agreed upon:
Submitted to I^f'ovided, that no subscription shall be made by any county
legal voters. court, nor by the legal authorities of any incorporated city,
town or township until after the question of such subscrip-
tion shall have been submitted, by order of the county
court or the legal authorities of said city, town or township,
to the legal voters thereof, at general or special elections, to
be called, conducted and returns made, canvassed and pub-
lished in the usual manner of conducting elections in said
county, incorporated city, town or township, at which elec-
tion each voter shall vote a ticket, upon which is printed or
written "For subscription" or "Against subscription ;" and if
a majority of the ballots cast at such an election shall be for
subscription it shall be the duty of the county court or the
legal authorities of such incorporated city, town or town-
ship to subscribe the amount stated in the order of elec-
tion.
EAILKOAD COMPANIES — INOORPOKATED, 15
§ 17. Elections may be held in any such county, incorpo-
rated city, town or township upon the question whether such
county, city, town or township shall subscribe for any speci-
fied amount of the capital stock of said railroad company,
whenever a petition shall be presented, as hereinafter de-
scribed, and as often as may be required by petitioners.
Whenever a petition shall be presented to the county clerk, stock Bubocrip-
signed by fifty of the legal voters of any such county, set- t*'*^^-
ting forth the amount of stock to be taken by such county, petiuoufor.
and specifying the time for holding such an election, it shall
be the duty of the county clerk of any such county to give ^
thirty days' notice of the time for holding such election,
which time shall be the same as that specified in such peti-
tion; and whenever a petition shall be presented to the
supervisor of any such township or to the corporate autho-
rities of any such city or town, signed by twenty-live legal
voters of any such township, city or tov/n, setting ibrth the
amount of stock proposed to be taken by any such town-
ship, city or town and specifying the time for holding such
election, it shall be the duty of tlie supervisor of ever)'
such township and the duty of the clerk of every such city KoUce of dec-
or town to give thirty days' notice of the time of holding tim.
such election in such township, city or town, which time
shall be the same as that specified in such petition ; and all
such notices shall be given in the same manner and such
elections shall be conducted and returns made, canvassed
and published in the same way and at the places provided
for holding general elections in such counties, townships,
cities and towns, at which elections the qualified voters of
the respective counties, townships, cities and towns shall
vote " I'or subscription " or "Against subscription ;" and if
a majority of the votes cast at such election or elections, by
voters voting on that subject, shall be "For subscription"
it shall be the duty of the county court or board of super- when majority
visors of every such county, the supervisor and clerk of ^^^^^'^PJ'^'^^ ^"^~
such township, and the corporate authorities of such city
or town to subscribe at once, upon the request of the direc-
tors or corporators of said company, the same amount so
voted for, and to issue and deliver to said company the
same amount as the stock so subscribed of the bonds of
such county, township, city or town, as the case may be,
payable at any time specified, not exceeding twenty years
from date, or sooner, at the option of the county, township,
city or town issuing the same, with interest, by coupons at-
tached for the same, at a rate not exceeding eight per cent., interest,
payable annually or semi-annually, which said bonds shall
be of such denomination and the principal and interest
payable at such place or places, either within or without
the state, as may be agreed upon, and the same may be re-
ceived in payment of taxes, for such purposes and for sucli
amounts as may be determined upon by agreement between
16 RAILROAD COMPANIES — INCORPORATED.
the aforesaid county, city, town or township authorities and
said railroad company : JProvided^ that the conditions of
such payment be printed on the face of the bonds and the
coupons thereof: Provided, that at any election held under
the provisions of this act at any other time than the time
for holding general elections for state and county purposes,
it shall not be necessary for the several boards of registry
Rc-istratiouof to make a new registry of the several voting precincts, but
voters. ^YxQ register made of the legal voters at the last general
election held previous thereto of state and county officers
may be used: And provided, that the vote of any legal
voter, whose name does not appear on the said register,
shall be received and taken in the same manner that un-
registered legal voters' votes are taken at any general elec-
tion.
Towns and § 18. Any incorporated city, town or township, or any
donations.™'^ couuty tlirough or near vv^hich said railroad shall run, is
hereby authorized to donate and give as a bonus to the said
railroad company, upon such terms and conditions as may
be agreed upon by and between said city, town or township
or county and said railroad company, to secure the building
of said railroad, any sum, not exceeding in amount five per
cent, of the taxable property of said city, town, township or
Submitted to county : J'rovided, that the corporate authorities of said
lesai voters. oXtj, town, township or county shall submit the question
whether such donation or bonus shall be given to the legal
voters thereof, at a regular or special election, held after at
least thirty days' notice, and conducted, canvassed and re-
turns made m the usual manner and place, the amount pro-
posed to be donated being stated in the order for such
election — and the tickets voted at such election shall have
vv'ritten or printed on them " For donation " or "Against
donation ;" and if at such election the majority of legal
votes cast shall be in favor of such donation, it shall be the
duty of the proper authorities of such city, town, township
Payment for or couuty to provide for the payment of such donation or
donation. bouus and to provide the means for the payment of any such
sum as may be given or agreed to be given, in pursuance of
the provisions of this act, said city, town, township or couuty
sliall issue bonds to said railroad company, in sums of not
less than one hundred dollars each, bearing interest at any
rate not exceeding eight per cent, per annum, and payable
at such times and places, either within or without the state,
as may be agreed upon ; which bonds may run for any
period not exceeding twenty years.
Tax to pay in- % \d. It shall bo the dutv of the respective authorities
terest. " . . - ..J-, ^ • ^
ot the several counties, townships, cities and towns, which
may make such subscription and donation, and they are
hereby required to levy and collect a sufficient special tax
on all the taxable property, both real and personal, in such
counties, townships, cities and towns, to pay the interest an-
EAII.EOAD COMPANIES — INCORPORATED. 17
nually or semi annually accruing on said bonds, and to dis-
cbarge the principal of said bonds within the time specified
in the same for their payment; and this provision shall be
faithfully complied with. Said tax shall be levied on the
assessments made by the assessors of the respective town-
ships, cities and towns, as provided by the revenue laws of
this state for assessing property, and shall be extended on
the collector's book of such county, township, city or town,
as a special railroad tax, and collected by the respective Levy special tax
collectors of such counties, townships, cities or towns at the
same time and in the same manner as provided by law for
collecting state and county tax ; which special tax shall be
paid by the respective collectors to the county treasurer of
the county in which the tax is collected, deducting there-
from one per cent, only for collecting ; and the respective
county treasurers shall be liable on their bonds for the faith-
ful aijolication of said tax to the payment of the interest Liability of
1 • • 1 i- '11 J 1 • 1 • J • 1 i. county treasurer
and principal ot said bonds which said special tax was
levied and collected to pay, and shall receive therefor, in
full compensation, a commission of one per cent, only, for
receiving and paying out said tax. The corporate au-
thorities of their 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 clerk shall extend the same on the coUec- Rate per cent,
tor's book for such county or township, as a special railroad ° ^'^^ *^'^°'
tax, at the rate so certified for each year, in the same man
ner and on all the property on which state and county tax
is extended, and shall receive the same pay therefor as for
like service for state and county purposes; and the respec-
tive authorities of such cities and towns shall levy and col-
lect such special railroad tax in the same manner as other
tax is levied in and for such cities and towns : Provided^
that in case the said authorities for any such county or
township shall fail to certify to such clerk the rate per cent, clerk's duties,
to be levied for any year before the time required by law
for said clerk or shall certify to a less amount than will pay
the same, then the said county clerk shall extend such tax
as will pay the interest and principal due for such year on
all such bonds issued by the respective counties and town-
ships.
§ 20. The county courts of the several counties through swamplands.
which said railroad shall pass are authorized and empow-
ered, upon such terms and conditions as they may deem
best for the public good, to grant and convey to said rail-
road company the swamp lands or any other lands or prop-
erty, real or personal, belonging to such counties, to aid in
the construction of said railroad : Provided,, that in no case
shall such lands be conveyed to said company or the title
thereto vest in said company until said railroad shall be
completed into or through the county Krantine: the same,
YoLIII— 3
18 EAILBOAD COMPANIES — INCOEPOKATED.
as may be agreed upon by acd between said county and
said railroad company : And^ j)'"''^'^^^^^-) further^ that in no
case shall such lands be conveyed to said company or the
title thereto vest in said company until a majority of the
legal voters of such counties shall have so voted at an elec-
tion to be held in accordance with the provisions of section
17 of this act.
Issue of bonds § 21. When payments of subscriptions to the capital
dence/^*^^*^ ^^^' stock of this compauy shall be made by counties, cities,
towns or townships, under this act, all such bonds issued
or negotiated by the proper authorities and appearing regu-
lar on the face thereof, shall, in the hands of said company,
or any other honafide holders thereof, be deemed and taken,
in all courts and elsewhere, 2k% prima facie evidence of the
regularity of everything required by this act in relation to
the issuing such bonds to be done preliminary to the issuing
and negotiation of said bonds.
Bridge over § 22, It shali be lawful for the said railroad company
wabas river. ^^ build, maintain and use, for railroad purposes and as a
public highway, a bridge over the Wabash river or that
portion within the jurisdiction of the state of Illinois, ac-
cording to its present limits, in such manner as shall not
materially obstruct or interfere with the free navigation of
said river, and to connect such bridge, by railroad or other-
wise, with any railroad or other public road within the
state of Illinois or Indiana ; and to contract with any cor-
poration or municipal authorities, in either of said states,
for the construction and maintenance of said bridge, and to
constrnctioD of. establish rules and regulations for the government, use and
management thereof; and the said railroad company shall
have the exclusive right to do and perform all the acts in
this section enumerated : Provided, the work upon said
bridge shall commence within ten years and be finished
within twenty years from the passage of this act.
§ 23. And this shall be deemed a public act, and shall
be liberally construed for all the purposes therein expressed
and declared, and shall be in force from and after its pas-
sage.
Approved March 26, 1869.
In force March AN ACT to incorporate the Fayette County Railroad Company.
31, 1869.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Bev-
\. orporators. erly W. Henry, Tevls Greathonse, Perry Devore, Ferris
Ferman, Samuel Fogler, John W. Springer, Alfred Grif-
fith, Juim P. Yan Dorston, Samuel G. Harris, William
Hawkins, and Henry Goodman, their associates, successors
and assigns, are hereby created a body politic and corpo-
RAILEOAD COMPANIES — INCORPORATED. 19
rate under the name and style of "The Fayette Count}'^ Name and style.
Railroad Company ; " and, by that name, be known ; and
they are hereby made capable, in law and equity, to sue corporate pow
and be sned, plead and be impleaded, defend and be de- ^""^
fended, in all courts of law and equity in this state or else-
where ; to make, have and use a common seal, and the
same to renew or alter at pleasure ; and they are hereby
authorized to make and publish all necessary rules, regu
lations or by-laws for the carrying out of the purposes in-
tended by this act, and to alter and change the same at
pleasure.
§2. The capital stock of said company shall be two huu- Amount capi-
dred and lifty thousand dollars, which may be increased by *^-^'°^''-
said company to any sum not exceeding one million of dol-
lars, which may be divided into shares of Mttf dollars each,
which shall be deemed personal property, and may be is-
sued and transferred in such manner as the board of direc-
tors of said company may prescribe.
§ 3. The corporation hereby created shall have power to construction of
locate, furnish, maintain, construct and operate a railroad,
with one or more tracks, commencing at the point deemed
by them most convenient, between the stations of Tonti
and Edge wood, on the Chicago Branch of the Illinois Cen-
tral Railroad, in this state ; to run from such point, when
and where designated by said board of directors, to some Route of road.
point, so to be selected by said board of directors, on the
St. Louis, Yandalia and Terre Haute Railroad, at Yandalia,
or between Yandalia and Howard's Point, on the line of said
St. Louis, Yandalia and Terre Haute Railroad, to intersect
with and be a connecting link between the Chicago Branch
of the Illinois Central Railroad and the St. Louis, Yandalia
and Terre Haute Railroad, on the main line of the Illinois
Central Railroad, at Yandalia, and with all the necessary
side tracks, turnouts, switches, depots, stations and all ne-
cessary buildings, erections and structures ; and, for the
purpose of obtaining stone, gravel and other material for
building, ballasting or repairing the same, and of a right of
way to said material, the said company be and they are
hereby authorized and empowered to take, condemn and condpmn land,
use the same, under the provisions of "An act to amend an
an act entitled an ace to incorporate the St. Louis, Yandalia
and Terre Haute Railroad Company," approved February
8th, 1867, an\i passed general assembly of the state of Illi-
nois ; and they are farther vested with all of the powers ne-
cessary 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
this act.
§ 4. Said company shall have power to unite, connect connect with
or consolidate its railroad with any other continuous lines *'"'"'^°''
of railroad, constructed or which* may hereafter be con-
20 RAILROAD COMPANIES — INCOEPOEATED.
structed in the 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 company as will secure the objects of such
Lease railroad. Connection or consolidation, and the said corporation may,
furthermore, lease or purchase, upon such terms as may be
agreed upon, any other roads or parts of roads, either
wholly or partially constructed, which may constitute or be
adopted as a part of their main line, and by such lease or
purchase they shall acquire and become vested with all the
lights and franchises pertaining to such road or part of
road, so leased or purchased, in the right of way, construc-
tion, maintenance and working thereof.
May borrow § 5. The said company is hereby authorized, from time
money. ^.^ ^[^q^ ^q borrow such sum or sums of money as may be
necessary for the completing, equipping, furnishing and
maintaining their said railroad, and to issue and dispose of
the bonds, at such rate of interest and at such discount as
may be thought for the benefit of the company, and to
Deed of trust mortgage their corporate property and their franchises or
meinof'boiuisr convev the same, by deed of trust, to secure the payment of
any debt contracted by said company for the purpose afore-
said ; 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
farther authorize the holder of any such bond to vote at
any and all elections for the election of officers for said cor-
poration, under such regulations as the directors of said
Sale of bonds. 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 on said company as if the same were
sold for the par value thereof.
Powers of the § 6. All the Corporate powers of said company shall be
lureciors. vested iu and exercised by a board of directors, to consist
of not less than five nor more than eleven members, and of
such oflicers and agents and servants as they shall appoint.
Vacancies in the board of directors may be filled by a vote
of two-thirds of the directors remaining — such appointees
to continue in office till the next annual election ot directors;
which said annual election shall be held at such time and
place as may be designated and fixed by the by-laws of said
company, thirty days' printed notice being given in two
newspapers having circulation in Fayette county.
Fu-st board. g 7. Samuel Fogler, Tevis Greathouse, Beverly TV".
Henry, John P. Van Dorston, Perry Devore, Samuel G.
Harris, and Henry Goodman, shall be the first directors of
said corporation, and shall hold their offices, respectively,
until their successors are elected and qualified. The first
election for officers to fill their places to be held at such
EAILROAD COMPANIES — INOORPOKATEl). 21
time as thej or a majority of them may fix, within two
years after the passage of this act, and elections for direc-
tors Bubsequently to be annually thereafter.
§ 6. This act shall be deemed a public act, and take
take effect from and after its passage.
Approved March 31, 1869.
AN ACT to incorporate the Freeport, Monroe and Superior Railroad In force Jnna
Company. 19, 1869.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented m the General Assembly, That John coiporators.
W. Steward, Charles Foster, Andrew Hinds, Charles
Moore, Abraham Power, Thomas Pollock, William A. St.
John, Charles Reitzell, Frederick Balender, John H.
Addams, Thomas Kockeral, James H. Addams, Adrian W.
Lucas, James Mitchell, Col. John W. Shaffer, John F.
Smith, and John II, Brewster, are hereby made and con-
stituted a body corporate and politic, by the name and
style of "Freeport, Monroe and Superior Kailroad Com- Name auci style.
pany," with perpetual succession; and, by that name and
style shall be capable, in law, of taking, purchasing, hold corporate pow-
ing, leasing, selling and conveying estate and property, ^^^'
whether real or personal or mixed, so far as the same may
be necessary for the purposes hereinafter mentioned, and no
farther; and, in their corporate name, to sue and be sued;
to have a common seal, which they may renew or alter at
pleasure ; and may have and exercise all powers, rights,
privileges and immunities which are or maybe necessary to
carry into effect the purposes and objects of this act, as
the same are hereinafter set forth.
§ 2. The said company are hereby authorized and em- construction
powered to locate, and, from time to time, alter, change, re-
locate, construct, reconstruct and fully to finish, perfect and
maintain a railroad, with one or more tracks, commencing
at or near Freeport, on the Illinois Central Railroad, or
on any other railroad now built or that hereafter ma}' be
built, in Stephenson county ; thence, on the most eligible Route of road.
route, to some point or points on the north line of this state,
in Stephenson county, in the valley of the Eichland creek,
on said state line ; thence, to connect with any road or
roads that are or may hereafter be constructed in the state
of Wisconsin, to said state line ; and the said company are
further authorized to use and operate said railroad, and
shall have power and authority to regulate the time and
manner in which goods, effects and persons shall be trans-
ported on the same, and to prescribe the manner in which
22 RAILROAD COMPANIES — iNCOEPORATED.
Tiausportatiori Said railroad shall be used, and tlie rate of toll for trans-
i-atcp. portation of persons or property tliereon, and for the sto-
rage of mereliandise or 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 accommo-
dation, management and operation of said road.
Board of di- § 3. The foUowlug named persons shall constitute the
£j.g|. board of directors : John W. Steward, Charles Foster,
Andrew Hinds, Charles Moore, Abraham Bower, Thomas
Pollock, William A. St. John, Charles Reitzell, Frederick
Balender, John H. Addams, Thomas Kockeral, James
H. Addams, Adrian W. Lucas, James Mitchell, Col. John
W. Shaffer, John F. Smith, and John K. Brewster. Said
directors shall organize the board within three years from
Eieciiouof offl- the passage of this act, by electing one of their number
'^'^"- president and by appointing a secretary and treasurer ;
and the directors present shall certify the organization, un-
der their hands, which certificate shall be recorded in the
the record books of said company, and shall be sufficient
evidence of the organization of said company. The direc-
Teim of office, tors herein named shall hold their offices until the first
Wednesday in October following their organization, and
until their successors are elected and qualified, as herein
provided for. Yacancies in the board may be filled by a
vote of two-thirds of the directors remaining, at any regu-
lar meeting of the board or at any special meeting called
for that purpose.
OiDen books § 4. The witliin named directors shall, within twenty
days after their organization, give at least thirty days' no-
tice of the time and place, along the line of said road, where
books will be opened for the purpose of procuring sub-
scriptions to the capital stock of said company. And said
directors 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, and five per cent paid thereon. Said directors or
Savvey audio- their successors may proceed, by their engineers, to sur-
cateiauroa . ^^^^^^ locato and construct said railroad. Certificates of
stock shall be signed by the president and countersigned by
the secretary and treasurer of said company, each of whom
shall keep a fair record of the same, which shall be subject
to the inspection of any stockholder.
Eipctiou of § 5. Said board of directors and each succeeding
direcco.-s. boavd shall give at least thirty days' notice previous to the
first Wednesday in October, of each year, of an election by
the stockholders of a board of fifteen directors, at least
eleven of Avhom shall be chosen from stockholders resident
within the counties through which the road is located. At
any election held for directors, each share of stock shall be
for siibscrip-
tion.
RAILROAD COMPANIES — INCORPOKATED. 23
entitled to one vote, to be given either in person or by
proxy ; and the persons receiving the largest number of
votes to be declared duly elected, and to hold their office
until the next election, and until their successors are elected
and qualified. All elections for directors to be conducted Judges of eiec-
by three judges, selected by the stockholders present. No *'°"'
stockholder shall be allowed to vote at any election, after
the first, for any stock which shall have been assigned to
him within thirty days previous to said election or upon any
stock upon which there is any due or unpaid installments.
§ G. If any board of directors fail or refuse to gve no- -Qaupa ©f the
tice of the time herein specified for the annual election of secretary.
directors, then any five stockholders may, in writing, re-
quire the secretary to give thirty days' notice, and it shall
be his duty to give said notice, so required, for any elec-
tion of directors; and at the expiration of the time the
stockholders present shall proceed and elect directors, as
herein provided for the election of directors, and the direc-
tors so elected shall constitute the legal board.
§ 7. The general oflice of the company shall be located Location of
in the city of Freeport, where all the books of record shall °^*^^"
be kept and the general business of the company shall be
transacted. There shall be kept at the secretary's office, in
the city of Freeport, a full record of the name and resi-
dence of each stockholder and the number of shares held
by each ; said record shall at all times, during business
hours, be subject to the inspection of any stockholder.
§ 8. The capital stock of said company shall be seven Amouutcaritai
hundred thousand dollars, which shall be divided into s^^ck,
shares of one hundred dollars each, and 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 called for that purpose by the directors of said
company, to any sum requisite for the completion of said
railroad. Previous to a vote being taken for an increase of stock maybe
the capital stock, the directors shall give a full statement of '°"^^'^'^-
the objects for which said increase is required ; also, make
a full statement of the condition and affairs of the company.
The shares in said company shall be deemed and considered
personal property.
§ 9. It shall be lawful for all persons of lawful age or who may sub-
for the agents of any corporate body, duly authorized in scribe stock.
behalf of the same, to subscribe to any amount of the capi-
tal stock : Provided, that the directors of said corporation
may, at their discretion, limit the amount of stock that any
person, corporation or any agent may subscribe in their
own name or in the name of any other person.
§ 10. It shall be lawful for the directors to make calls caii for pay-
upon the sums subscribed to the capital stock of said com- ™'^°"' '^"^•
pany, at such time or times and in such amounts as they
shall deem fit, giving at least thirty days' notice of each of
24
RAILROAD COMPANIES — INCORPORATED.
Non-payment,
penalty lor.
Surveys and
examinations.
Payments for
land taken.
May borrow
money.
Issue bonds
Dividends
be declared,
Rules for gov-
ernment.
said calls ; and in case of failure of any stockholder to
make payment of any call by said directors for sixtj'^ days
after the same shall have become due, the said board of di-
rectors are hereby authorized to declare said stock so in ar-
rears and all sums paid thereon forfeited to said company,
or to recover such unpaid sum or sums in an action of debt
in any court having jurisdiction thereof.
§ 11, And the said company are hereby aathorized, by
their engineers and agents, to enter any land, for the pur-
pose of making the necessary surveys and examinations for
said road, and to enter upon and take and hold all lands
necessary for the construction of said railroad and its ap-
pendages, first making just and reasonable compensation to
the owners of said lands for any damage that may arise to
them from the building of said railroad ; and in case the
said company shall not be able to obtain the title to any
]ands or premises that may be necessary for the purpose of
said road and its appendages, by purchase or voluntary ces-
sion, the same may be obtained in the mode provided
by the general lavt^s now in force or which may hereafter be
in force, providing for the condemnation of lands for pur-
poses of internal improvement.
§ 12. The said company are authorized and empowered
to borrow, from time to time, such sums of money, not ex-
ceeding double the amount of stock subscribed, and. upon
which at least twenty-five per cent, shall have been paid,
as may be necessary for constructing, completing and fur-
nishing or operating said railroad, and to issue and dispose
of their bonds in denominations not less than five hundred
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, effects, rights, credits or
franchises of the said company, as security for any loan of
any money and interest thereon, and to dispose of the
bonds issued for such loan at such rates and on such terms
as two-thirds of the directors may determine.
§ 13. The said company shall, annually or semi-annually,
make such dividends as they shall deem proper of the net
profits, receipts or income of said company among the
stockholders therein, in proper porportion to their respective
shares.
14. Said company shall have power to make, ordain
and establish all such by-laws, rules andrea'ulatious as may
be deemed expedient and necessary to fulfill the purposes
and carry into efiect the provisions of this act and for the
well ordering and securing the affairs and interests of said
company : Provided, that the same be not repugnant to
the laws of the United States or of this state. This act and
all by-laws that may be adopted by the directors of said
company and all additions or alterations thereto shall be
EAILROAD COMPANIES — INCOEPOEATED. 25
printed in convenient form and be distributed among tbe
stockboldors of said company,
§ 15. It sball be lawful for any fifceen stockholders, by Meetino; of
giving thirty days' notice, stating the objects, to call a "'"'^^khoiaBr*.
meeting 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 un-
der such call. The stockholders present under such call .BOTjis^oj.en for
may proceed and appoint from among themselves a com- ^^^^^'^ '°"'
mittee of three, with fnll power to examine all books, pa-
pers, and accounts belonging to said company ; and said
committee may employ any competent accountant or ac-
countants to aid in said examinations ; and said committee
shall have full power to examine any officer or officers,
agent or agents or employees of said company, under oath,
to be administered by the chairman of said committee, and
said officer, agent or employee shall duly answer all ques-
tions that may be required of them by said committee,
touching any matter or matters relating to the aft'airs of
said company ; and the officers and agents of said com-
pany shall aid, as far as in their power, said committee,
as they may require in said examination. The expense of Expenses.
said examination shall be paid from the treasury of said
company, upon warrants drawn upon the treasurer and
certilied by said committee ; and said committee shall
make a detailed report of said examination, at such time or
times as said stockholders may direct.
§ 16. Notice shall be publislied in the papers printed j,o^j'p™'^^[.'*'j^a*^''
within the counties through which the said road is located, tors in general.
for subscriptions to the capital stock and elections of di-
rectors, and calls for installments to be paid upon the capi-
tal stock, and all meetings of stockholders. All matters in-
tended 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 mat-
ters shall be brought.
§ 17. The corporation shall be bound to repair all pub- ^fyl^''^ ^^^'
lie highways, bridges and w'ater courses which may be in-
jured in constructing said railroad or its appendages, and
shall restore them, as far as practicable, to as good condi-
tion as they were before they were injured.
§ IS. The company shall be allowed six years, from the Timeof com-
!• j^i • . i- .1 . r- -J -1 J mencement and
passage oi this act, tor the commencement oi said railroad ; completion of
and in case the same shall not be completed in ten years '■**^"^-
thereafter the privileges herein granted shall be forfeited.
§ 19. Said corporation shall transport firewood and fuel, Transpcrtation.
of every description, over its railroad, whenever the same Requirements,
shall be otlered for transportation, at rates as low as the
rates said company shall charge for the transportation of
other freights of a similar class.
Vol. 111-4:
^6 EAILROAD COMPANIES — INCOEPOEATEt).
Construction of § 20. This act shall be deemed and taken as a public
*'^'* act, and shall be construed beneficially for all purposes
herein specified or mentioned.
Approved March 29, 1869.
In force March AN ACT to incorporate the Oilman and Wilmington Railroad Company.
29, 18G9. "^
Section 1. Be it enacted hy the Peojple of the State of
Illinois, represented in the General Assembly, That Elias
Corporators. Winger, R. B. M. Wilson, L. Milk, E. S. McCaughej, Wm.
H. Mann, A. J. Mclntire, D. U. Cobb, and E. 11. Jessup,
and their successors and assigns, are hereby created a body
Name and style. pQiii-ic ^nd Corporate, by the name and style of "The
Gilman and Wilmington Railroad Company," with per-
petual succession ; and, by that name, be and hereby are
made capable, in law and equity, to sue and be sued, plead
and be impleaded, defend and be defended, in any court of
law and equity in this state or any other place ; to make
and use a common seal, to renew and alter the same at
pleasure ; and shall be and they are hereby vested with all
powers, privileges and immunities which are or may be
necessary to carry into effect the purposes and objects of
Objects of the this act, as hereinafter set forth; and said company are
corporation. jjercby authorized and empowered to locate and construct a
railroad, with a single or double track, from the town of Gil-
man, in the county of Iroquois, in the state of Illinois,
upon the most eligible route, to the town of Wilmington,
in the county of Will, in the state of Illinois ; and, for this
purpose, the said company are authorized to lay out and
locate their said road, not exceeding one hundred (100)
feet in width, through the whole length of said route ; and
for the .purpose of cuts, embankments, stone and gravel,
may take and appropriate as much more land as may be
necessary for the construction and security of said road.
^^^°"^t capita. § 2. The capital of said company shall consist of eight
hundred thousand (800,000) dollars, which may be increased
to any amount necessary for constructing and equipping
said road, not exceeding two millions (2,000,000) of dollars,
to be divided into shares of one hundred (100) dollars each.
difo*cto-8* °^ '^^ ^^' '■^^ corporate powers of said company shall be vested in
and exercised by a board of directors, who shall be chosen
by the stockholders of said company, whose number shall
be determined by said stockholders in the manner herein-
Tcrm of office, alter provided, who shall hold their office for one (1) year
or until their successors shall be elected and qualified ;
Quorum. and said directors, a majority of whom shall form a quo-
rum for the transaction of business, shall elect one (1) of
RAILROAD COMPANIES — INCORPORATED. 27
their number president, and one (1) to be vice president of officers,
the said company ; and said board of directors shall have
power to appoint a secretary, treasurer and all other neces-
sary clerks and officers necessary for the transaction of the
business of the company.
§ 3. Said corporation are hereby authorized, by their Examinations
agents, surveyors and engineers, to cause such examinations and surveys.
to be made of the grounds and country as shall be necessary
to determine the most desirable route whereon to construct
their said railroad ; and it shall be lawful for said company
to enter upon and take possession and use all such land and Private prop-
real estate as will or may be necessary for the construction ken. ™*^
and maintenance of their railroad, its depots, side tracks,
water stations, engine houses, machine shops, and other
buildings and appendages necessary to the construction and
running of said railroad : Provided^ that all lands or real es-
tate so taken possession of or entered upon by said corpora-
tion, shall be paid for by said company in damages, if any be Damages for
sustained by the owner or owners thereof; and all lands en- 'and taken.
tered upon and taken for the use of said corporation, which
are not donated to said company, shall be paid for by said
company, at such price as may be mutually agreed upon by
the company and the owner or owners thereof; and, in case
of disagreement, the price shall be estimated, fixed and
recovered in the manner provided by the general laws now
in force or which may hereafter be in force providing for the
condemnation of land for purposes of internal improvement.
§ 3. The persons named in the first section of this act open books for
are hereby appointed commissioners, who, or a majority of subscription.
whom, are hereby authorized to open books for subscription
to the capital stock of said company, at such times and such
places as they may think proper, and also to appoint agents
to open books and receive such subscriptions ; and as soon
as the sum of fifty thousand (50,000) dollars shall have been
subscribed and five (5) per cent, of said subscription shall
have been paid to said corporation, the commissioners shall
call a meeting of the stockholders, either in the town of Meeting of the
Gilman or Wilmington, as a majority of the commissioners
may direct, by publishing the same in some newspaper
published in one or both places, or by notice served upon
each stockholder, of the time and place of holding such meet-
ing, where it shall be lawful for the stockholders to elect Eiectir.n of
the directors of said company, of which there shall not be "^*^ ''°"^"
less than seven (7) nor more than thirteen (13), and transact
such other business as they shall deem necessary ; and,
when the directors shall have been elected, the commis-
sioners shall deliver over to the directors all books, moneys,
subscription, etc., held by them and belonging to said com-
pany. No person shall be a director unless he shall be a
honafide stockholder in said company.
cities
stock
28 KAILROAD OOMPANDBS-^mOORPORATBD.
Annual meet- §5' The annual meeting of the directors shall be fixcd
ins of directors, by the by-laws of said directors; and at all meetings all
stockholders shall be entitled to one (1) vote for each share
held by such stockholder, upon which all installments called
have been paid.
Organization. g Q^ The directors of said company, after the same is
organized, are hereby authorized and empowered to receive
subscriptions to their capital stock, on such terms and in
such amounts as they may deem for the interest of said com-
pany, and as they may prescribe by their by-laws, from any
other railroad company or corporation, and from any county,
city, town or organized township making the same ; but no
subscription to the capital stock of said company shall be
made by any county, city, town or township until the
legal voter?. ° qucstion of making such subscription shall have been sub-
mitted to a vote of the legal voters thereof at a regular
election or a special election to be called for that purpose ;
and in all cases at least thirty days' notice of such election
Towns and shall be given, in the manner now prescribed by law ; and
m^ take j,| c^qq^ at sucli clcction, a majority of all the votes cast
shall be for such subscription, such county, city, town
or township, in which such election shall be held, shall have
power to subscribe to the capital stock of said company to
the amount speciiied at such election, and not otherwise.
Right of way. g 7, I'he 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 which shall
become the property of said company by operation of law,
as in this act provided, shall, upon the payment of money,
belonging to the owner or owners of said lands, a compen-
sation for the same, become the property of the company in
fee simple.
wneu vncau- ^ g^ jj^ casc of death, resignation or removal of the
cies occnr, how <' . . . • , , 1 • , . • 1 p
filled. president, vice-president or any director, at any time before
the annual election, such vacancy shall be filled, for the
remainder of the year, by the board of directors ; 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 have and exercise such powers tind
functions as the by-laws of said corporation may provide.
intsrssetions. § 9. Whenever it shall become necessary, in the con-
struction of said railroad, to intersect or cross a track of any
other railroad or stream of water, or water course, road or
highway, on the route of said railroad, it shall be lawful
for the company to construct their railroad upon or across
the same: Provided, that the said company shall restore
the same, thus intersected or crossed, to its former con-
dition of usefulness.
May unite § 10. Said company shall have power, by and with the
raoi'9s'^'''°°" consent of the owners of three-fourths (f) of the capital stock
RAILROAD COMPANIES — INCORPORATED. 29
of said company, to unite, connect or make running arrange-
ments with any other railroad now in operation or hereaf-
ter to be constructed, crossing said road or at either end
thereof, and, for that purpose, full power is hereby given to
said company to make and execute such contracts with any
other company as will secure the objects of such connec-
tion.
§ 11. That the said railroad company, by this act in- ^f^/^_ ^°"'°''
corporated, shall have power to borrow money, on the
credit of the company, not to exceed its capital stock, at a
rate of interest not to exceed ten per cent., per annum,
payable semi-annually, and may execute bonds therefor, issue bonds.
with interest coupons thereto annexed, and secure the pay-
ment of the same by mortgage on the whole or any part
thereof of, the said road, property and income of the com-
pany 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 said company, at par, at
the option of the holders, if such election be signified in
writing to the company three years before the maturity of
said bonds.
§ 12. 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 places either within or
without this state, and at such rates and at such prices as
in their judgment will best advance the interests of the
company ; and if such bonds are thus negotiated or sold at
a discount or below their par value, such sale shall be hb
valid and binding on the company, in every respect, as if
sold at their par value.
§ 13. That the said company, in securing the payment v^®^'^*'' J^^
of said bonds by mortgage, to secure the payment of the
full amount of the bonds which the company may at the
time said mortgage bears date, or at any time thereafter,
desire to sell or dispose of, 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 men-
tiod in such mortgage is executed and sold ; and the said
mortgage shall be as valid and efiectual to secure the pay-
ment 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 with the said mortgage.
§ 14. Said corporation shall transport fire wood and fuel, Transportation.
of every description, over its railroad, whenever the same
shall be ofi'ered for transportation, at rates as low as the
rates said company shall charge for the tranP])orturion of
other freights of a similar class. ,
§ 15. This act shall be deemed a public act, and shall act.
be favorably construed, for all purposes herein expressed
30 KAILEOAD 00MPA2JIES— >-INCOBPOKATED.
When act to ^^^ declared, in all the courts or places whateoever, and
take effect. shall be in force from and after its passage.
AppRovfiD March 29, 1869.
In force Jiiue AN ACT to incorporate the Golconda and DuQuoin Railroad Company.
19, 1S69. ^ f .
Section 1. .Be it enacted hy the Peojyle of the State of
Illinois^ represented in the General Assemhly, That John
coiTorators. Gilbert, Wesley Sloan, John Wertz, N. D." Clark, P. D.
Field, John M. Ran m and John Foote, are hereby made
and constituted a body corporate and politic, by the name
Name and style, and Style of "The Golconda and DuQuoin Railroad Com-
pany," with perpetual succession ; and, by tiiat name and
Corporate pow- style, shall be capable, in law, of taking, purchasing, hold-
ing, leasing, selling and conveying real and personal estate
and property, so far as the same may be necessary for the
purposes hereinafter mentioned ; and, in their said corpo-
rate name, to sue and be sued ; to have a common seal,
which they may alter or renew at pleasure ; to have a capi-
gUKk"'^'^*^'^^'*^' ^'^ stock of one million of dollars, to be divided into shares
of one hundred [dollars] each, which said capital may be
increased, from time to time, by a vote of a majority of
the directors of this corporation, to any sum requisite for
the completion and fulfillment of the objects and purposes
of the corporation hereby created ; and said above named
di^ctors"^"^ 0^ pcrsons sliall be and constitute the first board of directors,
and may have and exercise all powers, rights, privileges
and immunities which are or may be necessary to carry in-
to effect the purposes and objects of this act, as hereinafter
set forth.
ofraiiroaas'^et*c° § ^- "^^^^ ^^^^ companv are hereby authorized and em-
' powered to locate, and, from time to time, to alter, change,
relocate, construct, reconstruct and fully to finish, perfect
and maintain a railroad, with one or more tracks, commenc-
ing at a point on the Ohio river, v/ithin two miles above
Route of road, and two milcs below the mouth of Lusk Creek, in Golcon-
da, Pope county ; thence, on as straight a line as may be
feasible, by the way of Marion, in Williamson county, to
intersect or cross the Illinois Central Pailroad at or near
DuQuoin, in Perry county; and the said company are
hereby authorized, by their engineers and agents, to enter
into and upon any lands, for the purpose of making the
Survey of route, neccssary surveys and examinations for said road, and to
enter upon, take and hold all lands necessary for the con-
struction of the said railroad and its appendages, first mak-
ing just and reasonable compensation to the owners of said
land for any damages that may arise to them from the build-
JRAILROAD COMPANIES — INCOBPOEATED. SI
ing of said railroad ; and in case the company shall not be
able to obtain the title of any land or premises which may
be necessary for the purpose of said road and its appenda-
ges, by purchase or voluntary cession, it may be lawful for condemn la^d.
them to proceed in the manner now provided by the laws of
this state for the condemnation of lands by incorporated
companies ; and upon payment by. said company of the
damages assessed or appraised, in accordance with the pro-
visions of said law, said company shall be authorized to
enter upon such lands, for any of the purposes contempla-
ted by this act, and to use and enjoy the same, in all re-
spects, as if the title thereto had been obtained by voluntary
cession or conveyance ; and the real estate, of sufficient
width for road-bed, turnouts and depots, shall become the
property of said company, in fee simple.
§ 3. Said directors shall organize the board as soon as oieankation.
practicable after the passage of this act, by electing one of
their number president, and by appointing a secretary and Election of
treasurer — which organization shall be certified by seven °^"'^^-
directors or a majority of them ; and such certificate shall
be recorded in the record book of said company ; and said
record shall be sufficient evidence of such organization, and
a certified copy tliereof, under the seal of said corporation,
shall be received in all the courts of this state as evidence
of the facts therein stated ; and said directors shall hold Term of offlcf .
their offices for one year from and after the organization of
said board and until their successors shall be elected and
qualified, as hereinafter provided. All vacancies in said
board may be filled by a vote of two-thirds of the directors
present at any regular meeting of the board or at a special
meeting called for that purpose.
§ 4. Said directors shall, as soon after the passage of subscription
this act as practicable, open books for the purpose of receiv- capitai'B™ck^/*'
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 ; and it shall be lawful for the collection of
directors to require the payment of the sums subscribed to be enforced^" '°
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 shall
give notice of the payments thus required and of the place
[and] time when and where the same are to be made, at
thirty days' notice previous to the payment of the same, in
some public newspaper published in at least one of the
counties through which said road may be constructed.
§ 5. That said company may transport on said railroad Trwgportation.
any person or persons, merchandise or other property, by
32 RAILROAD COMPANIES — INCORPORATED,
the force and power of steam or animals, or any combina-
tion of them, and may fix and establish, take and receive
such rates of toll for all passengers and property transported
upon their road as the directors of said company shall, from
Rules for gov- time to time, establish ; and the directors are hereby au-
thorized and empowered to make all necessary rules, by-
laws and ordinances that they may deem necessary and expe-
dient to accomplish the designs and purposes [and] to carry
into efiect the provisions of this act and for the transfer
and assignment of its stock, which is hereby declared per-
sonal property, and transferable in such manner as shall be
provided by the by-laws and ordinances of said company.
is«u9 bonds. § 6. Said company shall have power to issue bonds,
and, by mortgage on its railroad and the rents and profits
thereof and on ail or any part of the property, real or per-
sonal, or franchises owned by said company, to secure the
payment of its bonds, or such sums of money as said com-
pany may agree to pay, for all or any of the purposes con-
nected with the construction or operation of its railroad
herein authorized to be constructed.
aifsctoi?. °^ *''^' § '^- The afiairs of said company shall be managed by
a board of seven directors, to be chosen annually by the
stockholders from among themselves. At all elections for
directors each stockholder shall be entitled to one vote for
each share of stock held by him, and may vote personally
or by proxy ; and a plurality of the votes given at any
Term of office, election shall determine the choice. The directors shall
hold their ofiices for one year after their election and until
their successors are elected and qualified, and shall elect
one ot their number president of said board ; and in case
of any vacancy occurring in said board between elections
the ?ame may be filled by the board at any legal meeting
of the directors, and the person so elected to fill the vacancy
shall hold his ofiice until the next annual meeting of the
Abseueeofihe stockholders. In case of the absence of the president of
pres eu . ^-y^^ board, the directors shall have power to elect a presi-
dent, pro tempore, who shall exercise, for the time being,
all the legal powers of tbe president of said board.
Construction § 8. Said Company shall have authority to construct its
of laiiroad. j.^^^ ^^ ^^ across any stream of water, water course, road,
highway, railroad or canal, which the route of said road shall
intersect; but the company shall restore the stream or
water course, road or highway, thus intersected, to its for-
mer state, or so near thereto as not materially to impair its
usefulness.
consoiidatisn. § 0. It shall be lawful for said company, by and with
the consent of the owners of a majority of the capital stock
of said company, to unite or consolidate with any other
railroad or company which may have been or may hereaf-
ter bo incorporated by this state, and to grant to such com-
pany the right to construct or use any portion of said road
KAILKOAD COMPANIES — INOOEPORATED, 83
hereby authorized to be constructed, upon such terms as
may be mutually agreed upon between said companies, and, May purcha?e
also, to purchase or lease all or any part of any other rail- roadsf*'^ °^^^^
road which is or hereafter may be built in this state, sell its
road, franchises, real and personal property, to any other
company or companies which may have been or may here-
after be incorporated by this state, upon such terms as may
be mutually agreed upon between said companies.
§ 10. If any person or persons shall willfully do or cause injury toroad,
to be done any injury to said road, the person so offending penalty for.
shall forfeit and pay to the said company three times the
amount of such injury or damage, to be recovered before
any court having jurisdiction of the same.
§ 11. Said corporation shall transport firewood and fuel, Transportation
of every description, over its railroad, whenever the same °^ ^'■'^'sm.
shall offer for transportation, at rates as low as the rates
said company shall charge for the transportation of other
freights of a similar class.
§ 12. This act shall be deemed and taken as a public Timeofcom-
act, and shall be construed beneficially for all purposes I'letioc of road
herein specified or intended ; and the said company shall
commence the said work within three years and complete
the same within seven years from the passage of this act.
Approved March 27, 1S69.
AN ACT to incorporate the Grand Prairie and Crescent Kailroad Company. In force March
13, 1SG9,
Section 1. jBe it enacted hy the People of the State of
Illinois^ represented in the General Assembly, That Isaac corporators.
McCourte, George W. Morris, G. B. Winter, W. P. Pier-
son, H. Jefferson, Elkanah Doolittle, T. Amerman, F. P.
Beach, Lewis Russ, E. D. Robbins, J. C. Ward, Ed. Rum-
ley, A. S. Palmer, Sanford K. Marston, M. H. Messer, and
their associates, successors and assigns, are hereby created
a body politic and corporate, by the name and style of "The Name and style,
Grand Prairie and Crescent Railroad Company," with per-
petual succession ; and, by that name, be and are hereby corporate pow-
made capable, in law and equity, to sue and be sued, plead ^"'
and be impleaded, defend and be defended, in any court of
law and equity in this state or any other place ; to make
and use a common seal, to renew and alter the same at
pleasure ; and shall be and are hereby vested with all pow-
ers, privileges and immunities which are or may be neces-
sary to carry into effect the purposes and objects of this act,
as hereinafter set forth. And said company are hereby construction of
authorized and empowered to locate and construct a rail- '^°*'^'
road, with a single or double track, from the town of
VoL III— 5
34
RAILROAD COMPANIES — INCORPORATED.
Onarga, to intersect the Toledo, Peoria and Warsaw Eail-
road, at or near the place where said Toledo, Peoria and
Route of road. Warsaw Railroad crosses Spring creek, or near the town of
Crescent, in the county of Iroquois, state of Illinois; and,
for this purpose, the said company are authorized to locate
and lay out their road, not to exceed one hundred (100)
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.
capuai^stock °^ ^ ^* '^^^ Capital stock of said company shall consist of
two hundred thousand (200,000) dollars, which may be in-
creased to any amount which may be necessary for con-
structing and equippine: said road, not to exceed three hun-
dred thousand (300,000), to be divided into shares of fifty
Corporate pow- (50) dollars each. All the corporate powers of said com-
Board of di- P^^J ^-^^11 be vestod in and exercised by a board of direc-
rectors. tors, who shall be chosen by the stockholders of said c(jm-
pany, whose number shall be determined, by said stock-
Term of offlce. holders in the manner hereinafter provided, who shall hold
their office for one (1) year or until their successors shall
be elected and qualified; and said directors, a majority of
Qoorum to do wliom shall Constitute a quorum for the transaction of busi-
business. ness, shall elect one (1) of their number to be president and
one (1) to bo vice-president of the company ; and said board,
of directors shall have power to appoint a secretary, treas-
urer and all necessary clerks and other officers necessary
for the transaction of the business of said company.
Surveys, etc. § 3. The Said corporation are hereby authorized, by
their agents, surveyors and engineers, to cause such exami-
nations to be made of the ground and country as shall be
necessary to determine the most desirable route whereon to
Condemn land, construct their Said road; and it shall be lawful for said
company to enter upon and take possession of and use all
such land 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, and appendages,
necessar}^ to the construction of said road : Provided^ that
all lands or real estate entered upon and taken possession of
by said corporation shall be paid for by said company in
damages, if any be sustained by the owner or owners there-
of by the use of the same for the purposes of said railroad ;
and all lands entered upon and taken for the use of said
Compensation corporation, which are not donated to said company, shall
for land taken, j^e paid for by Said corporation at such price as may be
mutually agreed upon by the said company and the owner
or owners thereof; and in case of disagreement the price
shall be estimated, fixed and recovered in the manner pro-
vided by the general laws now in force or which may here-
after be in force providing for the condemnation of land for
purposes of internal improvement.
EAILEOAD COMPANIES — INCORPOEATED. 35
§ 4. The persons named in the first section of this act opeu hooks for
are hereby appointed commissioners, who, or a majority of ^" '^"'''''°^''
whom, are hereby authorized to open or cause to be opened
subscription books for the stock of said company, at such
time a'ld in as many places as they may think proper, and
also to appoint one (1) or more agents to open such books
and receive such subscriptions. The said commissioners, or First instaii-
iheir agents, shall require each subscriber to pay ten ($10) "^°^*-
dollars on each share subscribed, at the time of subscribing ;
and whenever fifty thousand ($50,000) [dollars] are sub-
scribed, the said commissioners shall call a meeting, in caii of meeting. ■
Onargo or Crescent, as a majority may determine, of the
stockholders, by giving thirty (30) days' notice in some
newspaper printed in the county of Iroquois, or by personal
notice served upon each of the stockholders, of the time and
place of holding such meeting ; and at such meeting it shall ,
be lawful for the stockholders to elect the directors of said
company, of which there shall be not less than five (5) nor
more than nine (9), and transact any other business ; and
when the directors are chosen, the said commissioners shall
deliver said subscription books, with all sums of money re-
ceived by them or by any agent appointed by them as com-
missioners, to said directors. Ko person shall be a director
unless he shall be a bona fide stockholder.
§ 5. The annual meeting of the directors shall be fixed Annual meet-
by the by-laws of said directors ; and at all meetings, all ^°^'
stockholders shall be entitled to one (1) vote for each share
held by such stockholders, upon which all installments called
have been paid.
§ 6. The directors of said company, after the same is orgauization.
organized, are hereby authorized and empowered to receive
subscriptions to said capital stock, on such terms and in such
amounts as they may deem for the interest of said company, "*
and as they may prescribe by their by-laws and regulations,
from any other railroad company or corporation, and from
any city, town or organized township making the same.
§ T. The right of way and real estate purchased for the Right of way.
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 laws, as in
this act provided, shall, upon the payment of money belong-
ing to the owner or owners of said lands, as a compensa-
tion for the same, become the property of the said com-
pany, in fee simple.
§ 8. In case of the death or resignation or removal of vacanciea, how
the president, vice-president or any director, at any time
before the annual election, such vacancies shall be filled, for
the remainder of the year, by the board of directors ; and
in case of the absence of the president and vice-president,
the board of directors shall have power to appoint a presi-
dent, pro tempore, who shall have and exercise euch powers
Ob RAILROAD COMPANIES — INCORPORATED.
and functions as the by-laws of said corporation may pro-
vide.
Intersections. § 9. Whenever it shall be necessary for the constriic-
tion of said railroad to intersect or cross a track of any
other railroad or stream of v^^ater or water course or road of
any kind or highway, on the route of said railroad, it shall
be lawful for the company to construct their railroad upon
or across the same : Provided^ that the said company shall
restore the same, thus instructed or crossed, to its former
state, or in sufficient manner to restore its usefulness.
May connect § 10. Said Company shall have power to unite, connect
w 0 erroa s ^^ j^iakc running arrangements with any other railroad,
now or hereafter to be constructed, crossing the railroad of
said company or built at either end thereof, and, for that
purpose, full power is hereby given to said company to
make [and] execute such contract with any other company as
will secure the object of such connections.
May borrow §11. That the Said railroad Company, by the act iucor-
mjney. poratcd, 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. jDer annum,
payable semi-annually, and may execute bonds therefor,
with interest coupons thereto annexed, and secure the j^ay-
ment of the same by mortgage on the whole or any part
thereof of the said road, property and income of the com-
Bondsmaybe pauv then cxistiug Or hereafter to be acquired, and may
coDVGrtGQ into *- *j o a. y *j
capital stock, anuex to Said mortgage bonds the privilege of converting
the same into capital stock of said company, at par, at op-
tion of the holders, if such election be signified in writing
to the company three (3) years before the maturity of said
bonds.
May negotiate § 12. The directors of said company be and they are
bonds. hereby authorized to negotiate and sell the bonds of the
said company, at such times and 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 com-
pany ; 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.
Security fnr § 13. That the Said company, in securing the payment
payment bonds, of said bonds, by a mortgage aforesaid, to secure the pay-
ment of the full amount of the bonds which the company
may at any time said mortgage bears date or at any time
thereafter desire to sell or dispose of, 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 amounts
of bonds mentioned in such mortgage is executed and sold ;
and the said mortgage shall bo as valid and eftectual to se-
cure the payment of said bonds, so executed and sold and
EAILEOAD COMPANIES — INOOEPOEATKD. 37
every part thereof, as if the saino and every part thereof
had been executed with even date with the said mortgage.
§ 14. That the inhabitants of the town or city through Elections for
which said railroad may pas3 or run or be located, or the |?(5cT'''"°°^ °'
inhabitants of any township or city who may desire to have
said railroad over, upon or near their township, city or pre-
cinct, may call an election, at any time, by giving thirty
days' notice of the amount and terms upon which subscrip-
tion is to be made, together with the time and place of
holding such election, by posting up ten (10) written or
printed notices of the same in ten (10) of the most public
places in each township, city or precinct, said election is to
be held, for the purpose of subscribing stock to the said
railroad and for raising money to build the same ; and if a submitted to
majority of the legal voters of such township, city or pre- legai voters.
cinct shall be for such subscription, then it shall be lawful
for such township, city or precinct, so voting, to issue their
bonds, drawing not more than eight per cent, interest, pay-
able annually, for the amount and upon the conditions so
voted ; which said bonds shall be signed by the supervisor
and town clerk of the township so voting and by the mayor
and city clerk if issued by a city.
§ 15. Said bonds, when so issued, shall be registered, Kecotci of bonds
with date, number, rate of interest, amount, and when due,
in the office of the county clerk in the county in which the
bonds may be issued.
§ 16, Said corporation shall transport fire-wood and Trau?po!tatiou
fuel, of every description, over its railroad, whenever the
same shall be offered for transportation, at rates as low as
the rates said company shall charge for the trans j)ortati on
of other freights of a similar class.
§ 17. This act shall be deemed a public act, and is here-
by so declared, and shall be favorably construed for all pur-
poses herein expressed and declared, in all the courts or
places whatsoever, and shall be in force from and after its
passage.
Appeoved March 13, 1809.
AN ACT to incorporate tlie Uarrisburg and Great Northern Railroad Cora- In force March
pany. •''^< ^''^"'•
Section 1. J3e it enacted by the People of the State of
Illinois^ represented in the General Assembly, That Green corporators.
13. Raura, Samuel S. Marshall, John AV. Mitchell, Charles
A. Beecher, A. G. Cloud, Joseph Piquet, and their asso-
ciates, successors and assigns, are hereby created a body
corporate and politic, under the name and style of "The
38 RAILEOAD COMPANIES — mCOEPOEATBD.
Nameandstyie. Hai'risburg and Great ISTorfchern Railroad Company," with
perpetual succeesion ; and by that name, both in law and
Corporate pow- equity, may sue and be sued, plead and be impleaded, de-
^"^" fend and be defended against, in any court in this state or
any other place ; and may contract and be contracted with;
may make, have and use a common seal, and alter the same
at pleasure ; and may receive, purchase, hold, sell, mort-
gage, lease, convey and deliver real and personal property,
for the uses and purposes hereinafter mentioned ; and said
company shall have all the powers, privileges, rights and
immunities which are or may be necessary and proper to
carry into effect the objects and purposes of this act.
Location and § 2. The Harrisburg and Great ]N orthern Railroad Com-
«o^|tr"ct{oii of pany shall have full power and authority to locate, and from
time to time to re-locate, construct, recontsruct and to finish,
equip, maintain and operate a railroad, with one or more
tracks, from the town of Harrisburg, in Saline county, by
way of McLeansboro, in Hamilton county, to any point on
the Illinois Central Railroad, south of Chicago. And said
RoiTte of road company shall have power and authority to make the city
of Chicago, Cook county, or Danville, in Yermilion coun-
ty, the northern terminus of said railroad ; and, for this
purpose, said company is authorized to lay out its said road,
not exceeding one hundred and fi.fty feet wide throughout
May take and the entire length of said road, and, for the purpose of ob-
ranr^aT"^^ ^°^ taining stone, earth, sand, gravel or other material, may
take and appropriate as much more land as may be neces-
sary for the proper construction, maintenance and security
of said railroad; and for constructing shops, depots and
other suitable and convenient buildings and lixtureSf in con-
nection with and appertenant to said railroad, may take
and have, use and occupy any lands, upon either side of
said railroad, not exceeding three hundred feet in depth
from said railroad, and may take, have use and occupy all
lands necessary for the construction and preservation of all
necessary bridges for said railroad ; and said company may
• take all such lands, by gift or purchase ; and whenever said
company cannot agree with the owner or owners of all or
any part of such lands, as aforesaid, so as to procure the
same by the voluntary deed or act of such owner or owners,
When owner o^ ^^ the owner or owners thereof, or any or either of them,
a minor, etc. bg q, f 67717)16 cov67'i, au infant, 71071 coiupos mcntis, uukuowu,
or out of the county in which the lands or any property
wanted be situated, the same may be taken, condemned and
paid for, if any damages are awarded, in the manner pro-
vided for by the general laws now in force or which may
hereafter be ii) force providing for the condemnation of
lands for purposes of internal improvement, and the final
decision or award shall invest the company hereby created
with all the rights, privileges, powers, franchises and im-
munities in said act contemplated.
EAILKOAD COMPANIES — INOOEPOKATED. 39
§ 3. The said company, and, under its direction, its Private prop-
agents, servants and workmen, are hereby authorized and |en. ™^^ "
empowered to enter into and upon the lands and grounds
of or belonging to any person or persons, body politic or
corporate, and survey and take levels of the same, or any
part thereof, and to ascertain and set out such part or parts
as said company shall think necessary and proper for mak-
ing said railroad, and also to make, build, erect or set up in
and upon the route of said railroad, or upon the land ad- General powers
joining or near the same, all such work, ways or roads and
conveniences as may be requisite and convenient for the
purposes of said railroad, and also, from time to time, to
alter, repair, reconstruct, widen or enlarge the same or any
of the conveniences above mentioned, as well for the carry-
ing and conveying of goods, commodities, timber and other
things to and upon the said railroad, as for carrying all
kinds of materials necessary for making, erecting, furnishing,
altering, repairing, amending, reconstructing or enlarging
the work of or connected with the said railroad, said com-
pany doing as little damage as possible in the execution
of the powers hereby granted, and making satisfaction, in
the manner hereinbefore mentioned, for all damages, if any
there be sustained by the owner or owners of said land.
§ 4. The capital stock of said company shall be ten Amount cai.itai
million dollars. ^*°'^'''-
§ 5. The capital stock of said company shall be divided stock deemed
into shares of one hundred dollars each, which shall be erty.°'^^ '^'^°^'"
deemed personal property, and may be issued, certified and
registered in such manner and in such places as may be
ordered or provided by the board of directors, who shall
have power to require the payment of stock subscriptions
in the manner and at the time and place and in such suras
as they may direct ; and on refusal or neglect on the part stock of deiin-
of any stockholder to pay the calls on the stock owned by *i"^'^*^' ^^ ° ° •
him or her, as required by the board of directors, the share
or shares belonging to such stockholder may, after thirty
days' public notice, be sold at auction, under such rules as
the directors may adopt ; and if any surplus money remain,
after deducting the payment due, with interest and neces-
sary costs of sale, the same shall be paid to the delinquent
stockholder.
§ G. Each share of stock on which there shall be no un- vote of the
paid calls shall entitle the owner thereof to one vote, either stockholders.
in person or by legal proxy : Provided^ that he or she shall
have been the bona fide owner thereof for thirty days pre-
vious to the day of meeting at which such vote shall be
offered, and, for that purpose, the ownership of said stock
shall be determined by the books of the company.
§ Y. The first board of directors shall consist of the per- , First board of
sons named in the first section ot this act, and shall hold their
offices for one year and until their successors are duly elect-
directors.
40 RAILROAD OOMPAUIES — mCORPORATED.
Election of of- ed or appointed. The board of directors shall elect one of
**^*^'^' their number president, and shall also elect a secretary and
treasurer and such other officers as may be necessary for
the transaction of the business of said company, who shall
hold their offices as the rules and by-laws of said company
shall determine. The board of directors shall be elected
Vacancies, how annually, and vacancies in the board maybe filled by a
filled. ^Q^Q Qj- two-thirds of the directors remaining' — such ap-
pointees to continue in office until the next regular annual
election of directors ; and the number of derectors may be
increased, by a vote of a majority of stockholders, to any
number not exceeding thirteen, and, upon increasing the
number of directors, the board may also elect one of their
number vice president.
May ijnrchase § 8. The Said compauy shall have power to purchase
an s wi B iai^(^g^ with the stock of said company, aud to mortgage the
same, for the purpose of raising money to build said rail-
road ; to accept donations from individuals, corporations,
towns, cities, townships and counties, to secure the location
and construction of said railroad ; and contracts, notes,
bonds, obligations, mortgages and deeds, made by any in-
dividuals or corporations, as a donation, as aforesaid, shall
be valid and binding upon such individual or corporation ;
and all orders or contracts made or executed by the corpo-
contracts. rate authorities of any such town, city, township or county
for the issuance of any bonds or for the conveyance of any
real estate, as a donation to said company, to aid in securing
the location and construction of said railroad, shall be valid
and binding on such town, city, township or county, but
the bonds of such town, city, township or county shall not
be delivered to said company, as a donation, until such por-
tion of said railroad as shall be agreed upon by the corpo-
rate authorities of any such town, city, township or county
and said railroad shall have been built and cars shall have
May borrow run thcrcon. Said company shall, also, have power to bor-
™o°ey. ^^^ money, to aid in building and equipping said railroad,
and to secure the payment thereof may issue bonds, mort-
gages, deeds of trust or such other obligations or instru-
ments as said company shall consider necessary and proper.
Indebtedness. And Said Company may issue certificates of stock, bonds or
other obligations, for the payment of money, and, by its
officers or agents duly authorized, sell, negotiate or hypothe-
cate the same, at such times and places and at such rates
and prices as in its opinion will best advance the interests
of said company ; and if any of said certificates of stock,
bonds or other obligations are sold at a discount, such sale
shall be as valid and binding, in every respect, as if such
sale was made at par value. tSaid company shall have pow-
er to issue stock or bonds in payment for labor, materials,
rolling stock or other machinery, in constructing, equipping
or operating said railroad ; and said company may authorize
KAILKOAD COMPANIES — INCORPORATED. 41
the holders of any bond or mortgage or other obligation for
the payment of money, issued by said company, to convert
the same into the stock of said company ; and said company
shall have power to give bond on the income of said com-
pany or any part thereof; and said company may buy loco- Machinery, etc.
motives and other rolling stock on credit and mortgage the
same to secure the payment of the money; and said com-
pany may make such by-laws, rules and regulations, for the
government of its otiicers and employees and for the trans-
action of its business, as may be determined by the board
of directors.
§ 9. The several towns, cities, townships or counties, .To^^™\, ^^^^
through, into or near which said railroad shall pass, may stock. "'
subscribe for and take stock in said company, and may issue
bonds in payment for such stock, of five hundred dollars
each, bearing interest at the rate of eight per centum, per
annum, or less, payable half yearly in the city of JNew
York, on the first day of January and July, of each year —
said bonds to run not longer than twenty-five years ; and a Levy tax to
tax of not more than one dollar and fifty cents on each hun- ''
dred dollars' worth of taxable property, may be levied and
collected in such town, city, township or county, per an-
num, to pay the installments on such stock, or to pay the
interest and principal of bonds issued in payment for such
stock : Provided, tliat no such subscription shall be made lefai^^^rs^ *°
and no bonds shall be issued in payment for such subscrip-
tion unless a majority of the legal voters of such town, city,
township or county shall vote for the same, at an election
to be held under order of the corporate authorities thereof ;
and a majority of the legal voters at any such election shall
be held to be a majority of the legal voters of any such
town, city, township or county ; and the question of making
a stock subscription and using bonds in payment thereof,
shall be submitted as one question —the ballot of electors in
favor of the same to have printed or written thereon the
following words : "For subscription," and the ballot of
electors opposed to the same to have printed or written
thereon the following words : "Against subscription ;" and
subscriptions to the capital stock of said company or dona-
tions in bonds to secure the location and construction of
the said railroad, in cases of towns or townships, may be
one hundred thousand dollars, and in cases of cities and
counties may be two hundred thousand dollars. The prop- Donatious.
er authorities of any town, city, township or county may,
at any time, submit the question of making a donation to
secure the location and construction of said railroad, as pro-
vided for in this act, to a vote of the qualified electors of
such town, city, township or county, the ballots used at
such election to have printed or written thereon "For do-
nation" or "Against donation;" and if a majority of the
legal votes cast at such election be "For donation," such
Vol.IlI-6
42
EAILEOAD OOMPAIHES — INOOBPORATED.
Notice of elec-
tion.
Extend roads.
town, city, township or county shall be legally bound to
make such donation as shall have been provided for in the
order for such election, upon the terms and conditions con-
tained in such order. And whenever the bonds of any
town, city, township or county shall been issued in payment
of any subscription or donation to said company, under the
provisions of this act, it shall be the duty of the proper
authorities of such town, city, township or county to see
Tax to pay in- that the interest on said bonds is regularly paid; and it is
terest. hereby , made the duty of such authorities to levy and cause
to be collected a sufficient tax for that purpose, not exceed-
ing the amount fixed by this act. Thirty days' notice shall
be given for all elections held under the provisions of this
act ; and it is hereby provided, that any election held under
the provisions of this act at any other time than the time
for holding general elections for state or county purposes,
it shall not be necessary for the several boards ot registry to
make a new register for the several voting precincts, but the
register made of the legal voters at the last general election
held for state or county officers may be used ; Provi-
ded^ that the vote of any legal voter whose name does not
appear on said register shall be received and taken in the
same manner that unregistered legal voters' [votes] are re-
ceived at any general election.
§ 10. Said company shall have power to extend its said
railroad from Harrisburg to and along the Ohio river,
making the southern terminus of the same at Golconda, or
Metropolis City, on said river ; and said company shall have
. power to connect its railroad with any continuous line of
railroads leading to the Ohio river or to the Atlantic sea-
board, upon such terms as may be agreed upon between
Consolidation Said Companies ; and said company may consolidate its fran-
of railroads. chises witli any railroad company with which it may con-
nect ; and said company shall have power to open subscrip-
tion books, in this or any other state, at such times and
places as shall be determined by the president and directors
of said company ; and said company shall have power to
Brancb roads, locate, re-locate, construct, maintain and operate one or
more branches to its said railroad^ from such point on the
main line of said road as said company shall deem necessary
and convenient for the convenience of the public and forin-
and creasing its traffic. And all the powers, rights and priv-
ileges conferred on said company in respect to" the main
line shall be enjoyed and may be exercised by said com-
pany in respect to said branches ; and towns, cities, town-
ships and counties, on or near any of said branches, may
exercise the same powers and privileges and incur the same
obligations, in respect to the construction of any such branch-
es, that might be exercised or incurred in respect to the
main liue of said company ; and said company shall have
full power ftnd authority to connect with, lease or consoli-
Rlffhts
privileges.
SAILROAD COMPANIES — INCOEPORATED. 43
date its franchise with any other railroad company, to enable
it to reach the city of Chicago. Said company shall trans- Transportation
port tirewood and fuel, of every description, over its rail-
road, whenever the same shall be offered for transportation,
at rate as low as the rates said company shall charge for
the transportation of other freights of a similar class.
§ 11. This act shall bo deemed a public act, and shall
be in force from and after its passage.
Appkoved March 13, 18G9.
AN ACT to incorporate the Havana, Toulon and Fulton City Railway Com- In force April
pany. 1, 1869.
Section 1. Be it enacted by the People of the State of
Illinois^ TGpresenied in the General Assemhly^ That C. M. corporators.
S. Lyon, William Lowman, John Turnbull, Ezra G. Web-
ster, Isaac L. Newman, Kobert R. Worley, Samuel Tuck-
er, William T. Buswell, and Patrick Nowlan, are hereby
made and constituted a body politic and corporate, by the
name and style of "The Havana^ Toulon and Fulton City Name and style.
Railway Company," with perpetual succession; and, by
that name and style, shall be capable and are hereby em-
powered and authorized, in law, of taking, purchasing,
holding, leasing, selling and conveying real and personal
estate and property, so far as the same may be requisite and
necessary for the purposes hereinafter mentioned; and, in iCorporatepow-
their said corporate name, may sue and be sued, plead and ^^^'
be impleaded, defend and be defended, in all courts and
places ; to have and use a common seal, which they may
alter and renew at pleasure; to have a capital stock of five Amount capital
hundred thousand dollars, to be divided into shares of one ®'^°^'^'
hundred dollars each, which said capital stock may be in-
creased from time to time, by a vote of a majority of the
directors of the corporation, to any sum requisite for the
completion and fulfillment of the objects and purposes of
the corporation hereby created. And the said above named Board oi direc-
persons shall be and constitute the first board of directors, ""'^'
and are hereby vested with and may have and exercise all
powers, rights, privileges and immunities which are or may
be necessary to carry into effect and complete, use and en-
joy the purposes and objects of this act, as hereinafter set
forth.
§ 2. Said directors shall organize the board, as soon as organization,
practicable after the passage of this act, by electing one of
their number president and appointing a secretary and
treasurer, which organization shall be certified by said di-
rectors, or a majority of them, and such certificate shall be
recorded in the record book of said company, and said re-
44 RAILEOAD COMPANIES — INCORPORATED.
cord shall be sufficient evidence of such organization, and
a certified copy thereof, under the seal of said corporation,
shall be received in all courts of this state as evidence of
Term of office, the facts therein stated ; and said directors shall hold their
offices until the first "Wednesday of October following their
organization and until their successors shall be elected and
Vacancies, how qualified, as hereinafter provided. All vacancies in said
*"^'^" board may be filled by a vote of two-thirds of the directors
present, at any regular meeting of the board, or at a spe-
cial meeting called for that purpose.
constnictiou § 3. The Said Company are hereby authorized and em-
raUroad,etc. powered to locatc and, from time to time, to alter, change,
relocate, construct, reconstruct, and fully to finish, perfect,
operate and maintain a railroad, with one or more tracks,
commencing at a point on the west bank of the Illinois
river, opposite the town of Havana, in Mason county, state
Route of road, of Illinois, and running thence a northerly course, to the
town of Toulon, in Stark county, and thence a northerly
course to Fulton City, on the east bank of the Mississippi
river, in Whiteside county, state of Illinois. iSaid com-
pany 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 advan-
tageous so to construct the same by said company; and the
said company are further authorized to use and operate
said railroad, and shall have power and authority to regu-
late the time and manner in which goods and efi'ects and
persons shall be transported on the same, and to prescribe
the manner in which said railroad shall be used, and the
Rates of toll, rate of toll for the transportation of persons or property
thereon, and for the storage of merchandise and other
property under their charge, subject to the laws of this
Machinery, etc. statc, and shall havc 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 accom-
modation, management and operation of said road,
openbooks for g 4. Said directors shall, as soon after the passage of
' • ■ this act as convenient, open books for the purpose of re-
ceiving subscriptions to the capital stock of said company,
at such places along the line of said road and elsewhere as
said directors may determine, under the direction of such
agents as said directors shall appoint ; and said books shall
be ke])t 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.
May locate road § ^' It shall be lawful for said Company, their officers,
engineers and agents, to enter upon any land for the pur-
pose of exploring, surveying and locating the route of said
road, doing thereto no unneccessary damage ; and when
Railroad companies — incorpoeated. "" ' 45
said route shall be determined by said compaDy it shall be
lawful for them, their agents, otHcers, engineers, contract-
ors and servants, at any time to enter upon, take possession
of and nse such lands, not exceeding one hundred feet in
width, along the line of said route, subject, however, to the
payment of such compensation as the company may have for°^'dtaken°
agreed to pay therefor or such as shall be ascertained in the
manner hereinafter directed and provided in such cases,
respectively ; and said company aro further authorized, by
their officers, engineers, agents and servants, to enter upon
lands adjacent to the said road, beyond the limits of one
hundred feet, in the manner provided in this act, when
necessary for the purporse of erecting depot buildings, station
housesand necessary fixtures for the operation and for the
purpose of making drains and giving a proper direction to
water courses across said road, when the same are necessary,
beyond the limits of said road, and to remove all substan-
ces and things which might 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 other structures
necessary for the construction and repairs of said road, do-
ing, however, no unnecessary damage ; and all lands so ac-
quired and all damages which shall be done to any lands
or property under the provisions of this section, shall be
ascertained and paid for in the manner and agreeably to
the provisions of the general laws now in force or which may
hereafter be in force providing for the condemnation of
lands for purposes of internal improvement.
§ 6. Said company are authorized and empowered to ^^^ borrow
borrow, from time to time, such sums of money, not ex-
ceeding double the amount of stock subscribed and upon
which at least twenty-tive per centum shall have been paid,
as may be necessary for constructing, completing and fin-
ishing or opening said railroad, and to issue and dispose of issue of bonds,
their bonds, in denominations of not less than five hundred
dollars, for any amount so borrowed, and to pay any rate
of interest therefor not exceeding ten per centum, and to
pledge and mortgage the said road and its appendages, or
any part thereof, or any other property or effects, rights,
credits and franchises of said company, as security for any
loan of money and interest thereon, and to dispose of the ^''yi- an money-
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 com-
pany, at the option of the holder thereof, and may provide
a sinking fund for the redemption of said bonds out of the
earnings of said road.
§ 7. Said company shall, annually or semi-annually, Decbra div'.-
make such dividends as they may deem proper of the net
profits, receipts or incomes of said company among the
46 RAILROAD COMPANIES — ^INCORPORATED.
stockholders therein, in proportion to their respective
shares.
Rules for gov- § 8. Said companj shall have power to make, ordain
emmeut. ^j^^ establish all such bj'-laws, rules and regulations as may
be deemed expedient and necessary to fulfill the purpose
and carry into efiect the provisions of this act and for the
well ordering and securing the affairs and interests of said
company : Provided, that the same be not repugnant to
the constitution and the laws of the United States or of this
Promulgation State. This act and all by-laws that may be adopted by the
^^ ^^'" directors of said company, and all additions thereto, shall,
from time to time, be printed in a convenient form and be
distributed among the stockholders of said company.
Meeting of § 9. It shall be lawful for any fifteen stockholders in
stociihoiders. q^\^ Company, by giving thirty days' notice, stating the ob-
jects of said meeting, to call a meeting of the stockholders
of said company ; and the secretary of said company shall
certify and record the same as well as all matters that may
be transacted under said call. The stockholders under
such call may, by a majority voting therefor, proceed and
appoint from among themselves a committee of three, with
fall power to examine all books, papers and accounts be-
inspection of louging to sdd Company ; and said committee may em-
books.etc. pj^y any Competent accountant or accountants to aid in
such 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 re-
quired of them by said committee, touching any matter or
matters relating to the officers of said company ; and the
officers and agents of said company shall aid, as far as in
their power, said committee, as they may require, in said
Expensea. examination. The expenses of said examination shall be
paid from the treasury of said company, upon warrants
drawn upon the treasurer and certified by said committee ;
and said committee shall make a detailed report of said ex-
amination at such time or times as said stockholders shall
direct.
May lease or § 10. Said Company shall have power, by and with the
sell franchises, consent of the owucrs of thrce-fourths of the capital stock
of said company, and are hereby authorized to sell and
convey or lease their railroad, franchises, real and person-
al property, or any part or portion of their railroad, with
the rights and franchises appertaining thereto, to any com-
pany 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 par-
May unite with ^^^^* Said company shall have power to unite their rail-
other roads, road, in whole or in part, with any other railroad or rail-
roads now in construction or which may hereafter be con-
RAILROAD COMPANIES — INCORPORATED. 47
structed iu this state, coming in contact therewith, and to
grant any such company or companies the right to construct
and use any portion of said line or road hereby authorized
to be constructed, and to purchase of any such company or
companies the right to construct, operate and use the line
of road constructed or in course of construction by such May lease the
company, and to lease or purchase the right of way and ""'^^ °' ^^^^•
franchises of any such company, together with its equip-
ments, rolling stock, furniture and materials used in con-
structing or opening such road or roads, and to complete,
furnish, use and operate any such line of road, so purchas-
ed or leased, upon such terms as may be mutually agreed
between the said company or companies, or may consoli- t'onsoiidationof
date the capital stock of said company with the capital stock capital stock.
of any railroad company with which it shall intersect in
this state ; and shall have power to place the road of said
company and its capital stock so consolidated under the di-
rection of a board of directors of not less than seven, at
least live of whom shall be chosen from stockholders resi-
dent within the counties through which the said consolida-
ted roads are located. The first board of directors shall be First board of
chosen as the directors of the companies consolidating their ^''^^^^°''^-
capital stock shall direct and agree; and all subsequent
boards to be elected as herein provided for or as shall be
provided by the by-laws of said company, but no consol-
idation shall be legal nor the sale or transfer of the per-
manent rights and privileges of said company or purchase
of or by said company, without the assent of a majority in
interest of stock voting in favor of such consolidation, pur-
chase, sale or transfer, at an annual or regularly called
meeting of the stockholders, or unless a majority in interest
of the stockholders shall first give their written assent there
to ; and it shall be lawful after any sale, purchase or con- May change
solidation authorized by this section, for the several com- °^™^-
panics so consolidated to take any new name they may
agree upon, and shall have and exercise all the rights, pow-
ers, privileges and franchises granted by the charters of the
said companies, and, by such name, may sue and be sued,
plead and be impleaded, contract and be contracted with,
and may adopt at pleasure a common seal, for the corporate
use of such new company.
§ 11. Notice shall be published in some newspaper i-irectors.
printed within the counties through which the said road xotice of eiec-
shall be located, for [an] election of directors, and calls for '''^"•
installments to be made upon the capital stock, and all
meetings of stockholders. All matters intended for the
action of stockholders by the directors, or stockholders au-
thorized to call meetings, shall be published in the notice
given for the meeting before which said matters will be
brought.
Id.
48 RAILROAD COMPANIES — INOOBPORATED.
Repair high- § 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
condition as they were before being injured,
stock snbscrip- § 13. Said company are hereby aathorized to take and
receive from the several subscribers to the capital stock.
Labor and ma- mouey, labor, materials, cars and locomotives, or other
■ articles adapted to the construction or operation of said
railroad, or any property that, in the opinion of the board
of directors, may be exchanged or converted to such use;
and upon receiving full payment, in manner aforesaid, of
any such subscription of stock, may issue to such subscri-
ber or subscribers certiticates therefor.
Time of com- g 14. The Said company shall be allowed ten years from
™mpi^h3n *^f the passage of this act for the commencement of said rail-
road, and in case at least twenty-five miles of the same
shall not be completed in ten years thereafter, the privi-
leges herein granted shall be forfeited. But should said
company purchase any railroad, or any portion of any
railroad, now constructed 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 pur-
chased, leased or used, shall be held to be completed within
the meaning of this act.
Counties may 8 15. The Several counties in which any part of said
road may hereafter be located, and tne several townships
in said counties which have adopted or may hereafter adopt
township organization, and the cities and incorporated
towns in said counties, are hereby authorized to subscribe
and take stock in said company, in the manner hereinafter
Submitted to provided. Elections may be held in any such county,
]tg;;i voters. township, city or incorporated town, upon the question
whether sucli county, township, city or town shall subscribe
for any specified amount of the stock of said company, not
exceeding one hundred thousand dollars for each county,
and not exceeding thirty-five thousand dollars for each of
such townships, cities or towns; and elections may bo held
in any such county, township, city or town as often as a
petition shall be presented, as hereinafter specified, until
each county, township, city or town shall have subscribed
Petition for for the fuU amouut of stock authorized by this act. When-
caihug election. ^^^^ ^ petition shall be presented to the board of supervi-
sors, signed by fifty legal voters of any sucli county, setting
forth the amount of stock proposed to be taken by an}'' such
county, and specifying the time for holding such an elec-
tion, it shall be the duty of the county clerk of such county
to give thirty days' notice of the time of holding such elec-
tion, which shall be the same time as that specified in such
petition ; and whenever a petition shall be presented to
talis Btoc'i.
EAILBOAD COMPANIES — INCORPORATED. 49
the supervisor of any such township, or to the corporate
aiitliorities of any such city or town, signed by twenty-
five leiral 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 election, it shall be the duty of
the clerk of every such township, city or town to give ^No"ce of eiec-
thirty days' notice of the time of holding such an elec-
tion in such township, city or town, which shall be the
same as that specified in such petition ; which said notice
or notices shall be given in the same manner, and such
election or elections shall be conducted in the same mode
and at the places provided for holding general elections in
such counties, townships, cities and towns; at which elec-
tion or elections the qualified voters of the respective conn-
ties, townships, cities and towns shall vote "For subscrip-
tion," or "Against subscription ; " and if a majority of the
votes actually cast at such election be " For subscription,"
it shall be the duty of the board of supervisors of every
such county, the supervisor and clerk of every such town-
ship, and the corporate authorities of every such city or Towns acd
town, to subscribe, without unnecessary delay, upon request stock.™**^ ^^^^^
of said company, for stock in said company to the amoimt
mentioned in such petition, and to issue and deliver to said
company the same amount as the stock so subscribed of the
bonds of such counties, townships, cities or towns, as the
case may be, payable at any time specified, not exceeding
twenty years from their date, with interest at a rate not -Rate of interest^
exceeding ten per centum per annum, payable annually;
which said bonds, and the interest accruing thereon, shall
be made payable at such place, within the United States,
as said company may request.
§ 16. It shall be the duty of the respective authorities Tax to pay in-
of the several counties, townships, cities and towns, which
may vote such subscription, and they are hereby required,
to levy and collect a sufiicient special tax upon all the taxa-
ble property, both real and pei^sonal, in such counties,
townships, cities and towns, not exceeding three dollars on
each one hundred dollars' wortli of taxable property, to
pay the interest annually accruing on such bonds, and to
liquidate the principal of said bonds within the time speci-
fied for their payment. Said tax shall be levied on the
assessments made by the assessors of their respective coun-
ties, townships, cities and towns, as provided by the reve-
nue laws of this state for assessing p.opert}^ and shall be
extended on the collection books of such county, township,
city or town, as a special road tax, and collected by the
respective collectors of such counties, townships, cities and
towns, at the same time and in the same manner as provi-
ded by law tor collecting state and county taxes ; which Taxet> paid to
Buid tax shall be pi-.id by the respective collecturs to ,he '='^""'^''^*"^""'
Vol. III~T "
50 KAILKOAD COMPANIES — INCORPORATED.
county treasurer of the county in which the tax is collected,
deducting therefrom a commission of two per centum only
for collecting. And the said county treasurers shall be,
respectively, liable on their bonds for the faithful applica-
tion of said tax to the payment of the interest and princi-
pal of the bonds for which said tax was levied and collected
to pay, and shall receive therefor, in full compensation, a
commission of two per centum only for paying out said tax.
Rate per cent. The Corporate authorities of the respective counties and
for special tax. ^ownships shall Certify to the county clerk of the proper
county the rate per centum 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 township a spe-
cial railroad tax, at the rate so certified for each year, in
the same manner and upon all the property upon which
state and county tax is extended. And the respective au-
thorities 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:
Provided^ that in case the said authorities for any such
county or township shall fail to certify to such clerk the
rate per centum to be levied for any year, before the time
required by law for said clerk to extend state and county
taxes, then the said clerk shall extend such tax for such
year at the rate of one per centum.
No forfeit for § 17. In casc Said company shall, within ten years from
orroad,™^^^"""^ the passage of this act, complete and put in operation any
twenty-five miles or upward of said railroad, so authorized
to be built, but shall for any cause fail to complete the
whole of said line within that time, such failure shall not
operate as a forfeiture of any franchise of said company,
so far as the same may affect or relate to such portion of
said road as shall have been so completed and put in opera-
tion.
Anunai meeting § 18. There shall be an annual meeting of the stock-
of directors. ]ioi(jej.g of gai^j compauy, for the election of directors, the
time and place of holding which shall be fixed by the by-
laws of said company; and at all meetings, each stock-
holder shall be entitled to vore, in person, or by proxy duly
appointed, one vote for each share he, she or they may
Directors to hold and owu, hona -fide, in said corporation. The imme-
manage affairs. ,.^ '^ lij- ,• ,• A ue • j? -j
diate government and direction of the aliHirs of said com-
pany shall be vested in the board of directors, which shall
consist of not less than seven nor more than thirteen mem-
bers. After the election of said board, as aforesaid, such
directors shall hold their offices for one year after their
election, and until their successors shall be duly elected
Quorum. and qualified. A majority of the board of directors shall
constitute a quorum for the tiansaction of business, and
shall elect one of their number president of such corpora-
tion. They shall elect a secretary and treasurer, and may
RAILROAD COMPANIES INCORPORATED. 61
choose such other officers and agents as they may think
proper.
§ 19. Said company shall transport fire-wood, coal and Articles of and
every description of fuel over its road, whenever the same 1°^^ tiansporu-
shall be ofl'ered for transportation, at rates as low as the
rates that said company shall charge for the transportation of
other freight of a similar class.
§ 20, This act shall be deemed a public act, and shall
take effect and be in force from and after its passage.
Approved April 1, 1869.
AN ACT to incorporate the Jacksonville and Carlinville Railroad Company. In force June
19, 1809.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assetnbly^ That John corporators.
Mather, Joseph Green, Samuel Wood, and William Wyatt,
of Morgan county, Lewis Solomon, Thaddeus L. Loomis,
George Fishback, Lewis Johnson, and Dempsey N. Solo-
mon, of Macoupin county, and all such persons as shall
hereafter become stockholders in the company hereby in-
corporated, shall be a body politic and corporate, by the
name and style of "The Jacksonville and Carlinville Rail- Name aud style,
road Company;''' and, under that name and style, shall be
capaijle of suing and being sued, impleading and being im-
pleaded, defending and being defended, in law and equity,
in all places whatsoever, in as full a manner as natural per- /
sons; may have and use a common seal, and alter and re-
new the same at pleasure ; and, by their said corporate corporatepow-
name and style, shall be capable of contracting and being ^'^*'
contracted with; and shall be and are hereby invested with
all the powers, privileges and immunities and franchises,
aud of acquiring, by purchase or otherwise, and of holding
and conveying real and personal estate, which may be need-
ful to carry into etFect fully the powers and objects of this
act.
§ 2. The corporation is hereby authorized and empow- General powers
ered to survey, locate, contract, complete, alter, maintain o't-Voad."^'^'^°°
and operate a railroad, with one or more tracks or lines of
rails, from the city of Jacksonville to the town of Franklin,
in Morgan county; thence, in a southeasterly direction,
crossing the county line between Morgan and Macoupin
counties, at or near the center of section number five, town-
ship number twelve, range number eight west of the third
P. M.; thence, to the town of Palmyra and the city of Car-
linville, in the county of Macoupin. The said corporation
shall have the right of way upon and may appropriate to
its sole use and control, for the purposes contemplated, land,
52 KAILKOAD COMPANIES INCOEPOKATED.
Width of road, not to exceed one hundred feet in width, through its entire
length, and may enter upon and take possession of and use
all and singular any lands, streams and materials, of every
kind, for tlie location of depota, stations, and may construct
bridges, dams, embankments, excavations, station grounds,
spoil banks, turnouts, engine houses and other buildings
necessary for the completion and full operation, preserving,
Damages paid, maintaining and continuing of said road. All such lands
owned by any person or persons and cannot be obliterated
by voluntary grant or release, the same may be obtained,
taking and paying for, if any damages are awarded, in a
manner provided by the general laws now in force or which
may hereafter be in force providing for the condemnation
of lands for purposes of internal improvement.
Amount capital § 3. The Capital stock of Said corporation shall be one
hundred and fifty thousand dollars, divided into shares of
one hundred dullars, which shall be deemed personal prop-
erty, and may be issued and transferred in such manner as
the board may direct, who shall have power to require the
payment of sums subscribed by the stockholders in such
stockholders' manner as they may deem proper; and any refusal or neg-
* " ^" lect to make payment, on requisition of said board, the
shares of said delinquent may be sold by the order of the
board, giving thirtj days' notice, under the rules and by-
laws of the board, and the surplus, after deducting the pay-
ment due said corporation, shall be paid to such delinquent
stockholder.
To open hooks ^ 4. The Corporation herein named shall cause books to
or subscription. ^^ opened for the subscription of stock in such manner,
time and place as they may think proper; and when a suf-
ficient amount of stock is subscribed and actually paid in,
said company may make the same a basis to efi'ect a loan to
Powers of the Complete said road. And all the corporate powers of said
directors. company shall be vested in a board of directors and such
officers, agents and attorneys as they may appoint — each
share having one vote, to be given in person or by proxy.
And all vacancies may be filled by the board from the stock-
holders until the next annual election; and all officers,
agents, servants and attorneys, whether members of the
board or not, may be paid off and dismissed, under such
rules as the board may adopt.
Maynnitewith § 5, S;iid companv hereby Created is fuliy authorized to
connect with, intersect, consolidite and contract said road lU
connection with any other railroad; and all the rights se-
cured to either of said roads are hereby secured to the con-
solidated road.
Time of com- 8 6. The Said company shall be allowed' five years from
mencement and ., " i- -t • t d' j.i. j. j? i.\
completion of (lie passago ot tins act for the commencement of the con-
''"^^' struction of said railroad ; and in case the same bhall not
be completed in ten years thereafter the privileges herein
granted shall be forfeited.
RAILROAD COMPANIES — INCORPORATED. 63
§ 7. This act shall be taken and deemed a public act, constmction
and shall be construed beneficially for the purposes herein ° **^*'
specilied or intended.
Approved March 26, 1869.
AN ACT to iucorporat* the Jacksonville and Ohio River Railroad in force March
Company. 30, 1869.
Section 1. Be it enacted hy the People of the State of
Illhiow^ represented in the General Assembly, That Cor- oorporators.
nelius S. Goltra, George M. Chambers, John C. Salter,
Thomas M. Metcalf, Kichard W. O'Banon, David K
Sparks, Griffith VV. Layman, Jediah F. Alexander, Samuel
E.. Casey, Willis Duff Green, Aaron G. Claud, and their
heirs, successors and assigns, are hereby created a body
corporate and politic, under tlie name and style of "The Name and style.
Jacksonville and Ohio River Railroad Company ;" and. in
that character, shall have perpetual existence and succes-
sion, and shall p(>sse6s all the powers, privileges, immuni- corporatepow-
ties and rights incident to corp(«rations and necessary to ers.
carry into effect the objects and purposes of this act, which
is to lay out, build, construct, equip, complete and con-
tinue in operation a railroad from Jacksonville, in Morgan
county, by way of Waverly, Girard, Litchfield, WaUh- K-^ate of road,
ville, Greenville, Mount Vernon, in Jefferson county, and
McLeansboro, in Hamilton county, and thence to the Ohio
river ; and they may cross any railroad or railroad line
now laid out or to be hereafter laid out in this state, and
they may make connections with any railroad on the line
or at either terminus, on such terms as may be mutually
agreed upon between the parties, or if they cannot agree,
they may have the same referred.
§ 2, The capital stock of said company shall be one- AmountcapUai
half million of dollars, which may be increased, from time ^^°^^'
to time, by a majority of the legal voters of said com-
pany : Provided, notice of such intended vote shall have
t)eeQ published in some public newspaper published on or
nearest said railroad line, and also posted up in the man-
ner now prescribed by law, at least thirty days before the
day of voting thereon ; and a copy of said notice for-
warded to each voter at least ten days before the said day
of voting. Said capital stock shall be divided into shares increase of cap-
of one hundred dollars each; and each share on which *"'^'^^°'^''"
there is no unpaid calls shall entitle the bo7ia fide owner
thereof to one vote, either in person or by legal proxy, ia
all elections for directors or for increasing the capital
stock of said company, and on such other subjects as may
be provided for in the by-laws of said company.
64 RAILROAD COMPANIES — INCORPORATED.
Open books for § 3. Said companv may orgranize, by openins: books
Bubscription. ^^^ ^^^ Subscription of stock and elect their board of direc-
tors, to consist of seven, at any time after the passage of
this act, by giving notice of the time and place of such
election, by publishing notice thereof in some newspaper
published on or nearest the line of said road and having a
copy thereof, directed to each member of said company,
at least thirty days before the day set for such organi-
zation.
Construction of § 4. Said compauy shall have power, when in their
road. discretion they have a sufficient amount of capital stock
subscribed, to proceed to lay out, locate, construct, build,
equip, complete and operate their railroad ; and, for that
purpose, may take, use, occupy, condemn and own any
lands, earth, gravel, sand, stone or other material, for two
hundred feet wide, along the whole length of said road :
Provided^ the same is condemned in pursuance of the re-
quirements of the laws now in force for condemning for
railroad purposes in this state, or they may mutually agree
with the owner of such property or receive the same as
gifts, grants or donations.
Towns and § 5. Any incorporated city, town, county or township,
Btock.™^^ *^^^ situated on or near the line of said road, may subscribe to
the capital stock of said company any sum, not exceeding
two lumdred thousand dollars : Provided^ a majority of
the legal voters voting on that question shall have voted in
Submitted to ^^.vor of SRcli Subscription : Provided, that thirty days'
legal voters. notice of such elcction shall be given, in the manner now
prescribed by law ; and such elections shall be held in the
manner prescribed by the laws applicable to other special
elections, and, to this end, the county court or board of su-
pervisors may, from time to time, order elections and
specify the amount proposed to be subscribed, as they may
deem expedient ; and the clerks of the county courts or
board of supervisors shall receive the poll books and can-
vass the vote and report the same as in other elections.
Rules for gov- § 6. Said Company shall have a common seal, and alter
ernmeut. ^^iQ same at pleasure ; and the board of directors may
make such by laws and regulations as they may deem ex-
pedient for the government of said company, not incon-
tistent with the constitution or laws of the United States or
of this state; and they may issue the bonds of the com-
pany and negotiate the siime and mortgage the property of
the said company, both real, personal and mixed, for the
payment of tlie said bonds or any part thereof.
Privileges. § 7. All the rights, privileges and immunities neccssary
to carry into effect the provisions of this act, not granted
herein, may be obtained under the laws of this state now
in force or that hereafter may be in force.
Articipsofand § 8. Said Corporation shall transport lire- wood and fuel,
tion.*^*"^^*^"^" of every description, over its railroad, whenever the same
BAILKOAD COMPANIES — INCORPORATED, 55
shall be offered for transportation, at rates as low as the
rates said company shall charge for the transportation of
other freights ot" a similar class.
§ 9. This act shall be deemed a public act, and be in
force from and after its passage.
Approved March 30, 1869.
AN ACT to incorporate the Joliet, Newark and Mendota Railway. In force April
1, 1869.
Section 1. Be it eiiacted by the People of the State of
Illinois^ represented in the General Assembly, That corporators.
ilenry Snapp, William Grenton, Warren M. Sweetland,
Samnel M. Rowe and John A. Coy, and their associates,
successors and assigns, be and they are hereby created a
body corporate and politic, by the name and style of " The Nameand style.
Joliet, Newark and Mendota Railway," with perpetual suc-
cession, and power to build, maintain and use a railroad,
from the city of Mendota, in the county of LaSalle, in the
state of Illinois, by way of Newark and Grinton, to the city
of Joliet, in Will county, Illinois ; the said railroad to be
built on or near the established line of the old I Jinois Grand
Trunk Railway, as near may be j^racticable, from Mendota
to Joliet, running through the places before named, between
Mendota and Joliet ; to purchase and hold, lease, sell and
convey estate, whether real, personal or mixed, so far as
may be necessary to carry [out] the intentions of this act ;
and, in their corporate name, may sue and be sued, as natu- corporatepow-
ral persons ; may have and use a common seal ; may make ® ^•
all by-laws, rules and regulations deemed necessary and
proper for the government and management of said corpo-
ration aud its atfairs, and shall have the right to exercise
all powers which are or may be necessary to carry into
etfect the purposes and objects of this act, and, also, for
such purposes may make, execute and deliver bonds, notes,
mortgages or other evidences of indebtedness &nd agree-
ments to pay the same, and, for such purposes, may nego-
tiate for and take the same.
§ 2. Said corporation shall have the right to negotiate May purchase
for and purchase the road-bed and right of way of the late '■o^d-bed.
or old Illinois Grand Trunk Railway, from Mendota, in
LaSalle county, to Joliet, in Will county, and eacii and all
of the corpoiate rights, franchises and privileges of said old
Illinois Grand Trunk Riilway Company, and to enter upon
and build and complete the same when so purchased, to all
intents and purposes the same as said Illinois Grand Trunk
Railway might have done. But nothing in this act shall
be construed to make the corporation hereby created liable,
56 EAILKOAD COMPANIES INCOKPOitATED.
in any way or manner, to pay the debts of said old Illinois
Rights re-in- Grand Trunk Railway Company. And all rights, privi-
corpoiation.'^^^ leges, franchises and property, which have lapsed and re-
verted to the state of Illinois, from the failure of the old
Illinois Grand Trunk Railway Company, are hereby granted
and vested in the corporation created by this act.
Liability of § 3. No Stockholder, whether corporate or natural per-
etockiioiders. g(^y^ shall be Otherwise liable upon his, her or their respect-
ive subscription of stock than for the amount of such sub-
scription of stock to the said company.
Surveys and § 4. The Said Corporation are hereby authorized, by
examinations, ^j^^jj, ^gents, survevors and engineers, to cause such exami-
nation and surveys to be made of the ground and country
between said points above mentioned, from the west to the
east, as shall be necessary to determine and select the most
proper, direct and feasible route whereon to construct their
May take lands, 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 ma.y be necessary for the construction,
maintenance and operation of their said railroad : Provi-
ded, that all lands or real estate entered 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
Compensation said Corporation, shall be paid for by said company to the
°^^^^ ' owner or owners thereof, for the purposes of the said rail-
road ; and all lands entered upon, which are not donated
to said company for the use of said railroad, shall be paid
for by said corporation at such price as may be mutually
agreed upon by the corporation and the owner or owners of
Eight of way. sqcIi lands. And in all cases when said company shall not
be able to acquire the right of way through any lands or
premises they may wish to occupy for the purposes of said
railroad or its appendages, by purchase or voluntary ces-
sion, said company may proceed to obtain such right of
way under the provisions of any general law of this state
now in force or which may hereafter be in force, providing
for the condemnation of lands tor the purposes of internal
improvement.
Amount capi- § 5. The Capital stock of said company shall be five
tai stock. hundred thousand dollars, which may be increased to any
amount not exceeding two millit)ns of dollars. Said stock
shall be divided into shares of one hundred dollars each,
which shall be deemed personal property, and may be
issued and transferred as the board of directors may pre-
scribe.
Annual meet- § 6. The time of holding the annual meetings of said
hcfiders. ^'*^°^' Corporation, for the election "of directors, shall be iixed and
determined by the by-laws of said company ; and, at all
meetings, each stockholder shall be entitled to vote in per-
EAILEOAD COMPANIES — INOORPOEATED. 67
son or by legal proxy, one vote for each share in the stock
he, she or they may, bo7ia jide^ hold iu said corporation.
§ 7. The government and direction of the atfairs of the Busiucss man-
corporation liereby created shall be vested in a board of di- "m^s'! "^^ '^"^^"
rectors, not less than five nor more than ten in number,
and each of whom shall be the hona fide owner of at least
five shares of the capital stock of said corporation. The First board of
persons named in the first section of this act are hereby '^'''^ctors.
appointed the first board of directors of said corporation,
and shall hold their ofiice for the term of one year from the
first Tuesday in June, A, D. 1869, or until their successors
are elected and qualified ; and said persons heretofore
named in section one of this act are also appointed com- open bo-.ks for
missioners, who, or a majority of them, are hereby author- subscriptiou.
ized to open stock subscription books for the capital stock,
at such time or times and place or places as they may deem
proper. Said commissioners shall require each subscriber
to pay five dollars on each share of capital stock subscribed
at the time of subscribing. The directors appointed by this Quorum to do
act, or a majority of them, shall constitute a quorum for the ^^"^'°^s-^-
transaction of business, and shall elect one of their number
president of said company. They shall also elect a secre- Eiediou; of
tary and treasurer and such officers and agents as they ^
shall deem proper. In case a vacancy occurs in the board
of directors, it may be filled by the remaining directors or as
the by-laws of said corporation may prescribe.
§ 8. The right of way and real estate acquired for the liigiit of way.
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 iuthis
act provided, shall upon the payment of the amount of
monej' belonging to the owner or owners of said lands as a
compensation for the same, become the property of said
company in fee simple.
§ y. "when lands of Viuy femme covei't, person under ^^i^e°j^^°era
age, non compos mentis^ or any non-resident 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 to said owner or owners, re-
spectively, whenever the same may be lawfully demanded,
together with interest thereon at six per cent, per annum,
or may deposit the amount with the county treasurer of the
county in which the land so taken is situated.
§ 10. Said company shall have power to unite or con- Maynnitewith
"... ., T ■', "^ ,, '. ,• i- •! 1 Other loads.
nect its railroad with any other continuous line of railroad
or railroads now constructed or hereafter to be constructed,
which may cross or intersect the same or be built at either
end thereof, upon such terms as may be mutually agreed
upon, or the corporation hereby created may lease or sell ^^^^^ °^ ^"^"
their road to any company, either in or out of this state,
who will agree to furnish and equip said railroad to com-
Voi; III— 8
68 EAILROAD COMPANIES— INOOKPORATED.
pletion for practical use ; aud such purchasing or leasing
company may go on and complete said railroad and ope-
rate the same, with like power and effect and in the name
of the company hereby created.
intei-sectious. § H. Whenever it shall be necessary, for the construc-
tion of said railroad, to intersect or cross the ti'ack 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
said company to construct their railroad across or upon the
same : Provided, that the said company shall restore the
railroad, stream of water, water course, road or highway,
intersected or crossed, to its former state or in a sufficient
manner not to impair its usefulness.
May borrow §12. For the purposc of facilitating the coustruction of
money. \\yQ railroad authorized by this act, said corporation is
empowered to borrow money and pledge its property, both
real aiid ])ersonal, and its rights, credits and franchises, to
GGCure the payment thereof.
Width of road. § 13. For the purposc of Constructing said railroad, Said
company shall have power to lay out and establish their
road, not exceeding one hundred feet in width, throughout
the entire length thereof.
Towns and § 14. To further aid in the construction of said road,
stoc^t. ™^^ '■^'^^ the several counties, townships, cities and towns, through
or near which the said railroad may be located, may sub-
scribe for and take stock in said corporation or make dona-
submitted to tious to aid in the construction of said railroad : Provided.,
legal voters. ^\^^^ jjq q\iq\i subscription or donation shall be made unless
the majority of the legal voters of the count}^, township,
city or town, at an election, to be held in the same manner
that town meetings are held, for that purpose, shall vote for
the same ; which election shall be called by the county
clerk in case of counties, and by the corporate authorities
in case of townships, cities or towns, upon the petition of
iifteen legal voters of the same, specifying the amount of
stock so proposed to be taken or subscribed and the condi-
Duties of the tions of such subscription. It shall be the duty of the coun-
couuty courts, (y (^jgrk and corporate authorities of such counties, town-
ships, cities or towns, upon the presentation of such petition,
to immediately call an election, in the same manner that
other elections for such county, township, city or town are
called, for the purpose of determining whether said city,
county, town or township will subscribe to the stock of said
railroad ; and if a majority of said votes shall be " For sub-
supervisormay scriptiou," then the board of supervisors of said county, or
subscribe stock, the Corporate authorities of such city or town, or the super-
visor and town clerk of such township, so voting, shall cause
such subscription to be made ; and upon its acceptance by
said corporation shall cause bonds to be issued in conformity
v/ith said vote ; which bonds shall not be of less denomina-
tion than one hundred dollars, and bearing interest at a
15AILR0AD COMPANIES — INCOErORATED. 69
pay interest.
rate not exceeding ten per cent,, iind shall be accepted by
said company at their par value. It shall be the duty of Levy tax
the proper authorities oi any county, city, township or town
issuing bonds as aforesaid, to make all necessary arrange-
ments and to provide for the prompt payment of all interest
and other liabilities accruing thereon, and to levy such taxes
as may be necessary therefor, as other taxes are levied by
them,
§ 15. This act shall be deemed a public act, and shall
take effect from and after its passage.
Approved April 1, 1869.
AN ACT to incorporate the Jonesboro ami Cape Girardeau Railroad Com- in force March
pany. 31, iSdO.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assemhly^ That John corporators.
Dougherty, John II. Barber, Joseph F. Ashley, John E.
Naile, Cyrus Schick, Dewitt C. Barber, Alexander N.
Dougherty, Thomas Johnson, John Elbert, Andrev/
Gibony, Monroe C. Crawford, Frederic A. Childs, Daniel
S. Davie, and their associates, successors and assigns, be
and they are hereby created a body politic and corporate,
under the name and style of "The Jonesboro and Cape Name audetyie-
Girardeau Kailroad Company ;" and, by that name, they corporate pow-
are hereby 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 elsewhere ;
to make, have and use a common seal, and the same to re-
new and alter at pleasure ; and shall be and hereby are
vested with all powers and privileges and immunities which conatnict'on of
are or may be necessary to construct, complete and operate '^°'"''''
a railroad, with single or double track, from Jonesboro sta-
tion, on the Illinois Central Railroad, to any point opposite
the city of Cape Girardeau, in the state of Missouri. Said
railroad to run, as near as may be, in a southw^esterly di-
rection. And, for the purposes of building and operatinir M;iy enter upon
• 1 .1 J '. 1 1 m I , , ^ and take Uincl.
said railroad, said company shall have power to enter upon
and take possession of so much land as may be necessary
to construct, complete and operate said railroad and its ap-
pendages ; and if said company cannot agree with the owner
or ow' ners of said land, taken as aforesaid, it may be lawful
for them to proceed in the manner now provided by the
laws of this state for the condemnation of lands by incorpo-
rated companies ; and may also exercise, for said purpose,
all such powers as have been heretofore conferred upon
any other railroad company incorporated by the laws of
this state.
60 EAILEOAD COMPANIES — INCORPORATED.
Amount capital § 2. The capital stock of said company shall be two
^^^'^ ' hundred thousand dollars, which may be increased by said
company to any sum not exceeding five hundred thousand
dollars, which may be divided into shares of one hundred
dollars eacb, which shall be deemed personal property, and
may be issued and transferred in such manner as the board
of directors may prescribe.
Directors to § 3, The afiairs of said company shall be managed by
' a board of thirteen directors, which may be increased to
an}'- number not exceeding seventeen ; and John Dougher-
ty, John H, Barber, Joseph F. Ashley, John E. Naile,
Cyrus Schick, Dewitt C. Barber, Alexander 'N. Dougherty,
Thomas Johnson, John Elbert, Andrew Gibony, Monroe
C. Crawford, Frederic A. Childs, Daniel S. Davie, are
Term nf office, hereby appointed the first board of directors, who shall
hold their offices until their successors are elected and quali-
fied, in such manner as may be prescribed by the by-laws
of said company. Said board |hall have the power of elect-
ing one of their number president, and such other officers
as may be prescribed by the by-laws ; and said corporation
shall be and is hereby vested with all the powers conferred
upon railroad corporations by the general railroad laws of
the state of Illinois or any amendment now made or here-
after to be made thereto.
connec^ with § 4. Said Corporation shall have power to unite its rail-
o lerro. . ^^^^ ^^.^^^ ^^^ Other coutinuous line of railroad now con-
structed or which shall hereafter be constructed, upon such
terms as may be mutually agreed upon between the com-
panies 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
Issue of bonds, iqj^ -^qy cg^^^ p^j. aniium, and to issue and dispose of their
bonds, in denominations of not less than one hundred dol-
lars, for any amount so borrowed, and to mortgage their
corporate property, real or personal, and their franchises, or
convey the same by deed of trust to secure the payment of
any money so borrowed or any other debt of said company.
Towns and § 5, The Several towns, cities or counties through which
stock. "'"^ ^^^^ said raih'oad shall pass may subscribe for and take stock in
this company, and may issue bonds, in payment for such
stock, of one hundred dollars eacb, bearing interest at the
Interest. rate of sevcu per cent, per annum, or less, payable half-
yearly, on the first days of January and July of each year,
and bonds to run not longer than twenty years ; and a tax
may be levied by said towns, cities or counties, on the tax-
able property of such towns, cities or counties, to pay the
installments on such stock or to pay the interest and princi-
pal of bonds issued in payment for such stock : Promded.,
that no such subscription shall bo made, no such bonds
shall be issued, and no euch tax shall be levied, unless a
Submitted to maiority of the legal voters of said town, city or county
legal voters. .) ./ o 1 j J
RAILROAD COMPANIES — INCORtORAtfiD. 61
shall vote for the same, at an election to be held undei'
order of the corporate authorities in cases of towns and
cities, and of the county court in cases of counties ; and the
question of making subscription, issuing bonds, and levy-
ing taxes, may bo submitted as one question or as sepa-
rate questions, at such election, and either or all of said
questions may be submitted to an election at any time,
in the discretion of the authorities authorized to call such
election.
§ 6. This act to take eJBTect and be in force from and
after its passage.
Approved March 31, 1869.
AN ACT to incorporate the Kankakee and Illinois River Railroad Com- J" [5''i^69'^'"'' '
pany.
Section 1. Be it enacted hy the People of the State cf
Illinois, rejyresented in the General Assembly, That James corporators.
McGrew, Azariah Back, AVilliam H. Patterson, Emery
Cobb, Thomas P. Boniield, James M. Perry, Ira C. Masier,
Richard P. Morgan, James G. Strong, Ralph Plumb, Joel
W. Hopkins, and William Eddy, and their associates, suc-
cessors and assigns, are hereby created a body politic and
corporate, by the name and style of "The Kankakee and Nameaudstyie.
Illinois River Railroad Company," with perpetual succes-
sion; and, by that name, be and are hereby made capable corporatepow-
in law and equit}^ to sue and be sued, plead and be im-
pleaded, 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 renew 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 forth ; and said companv are hereby author- Location and
coustrnctioii o*
ized and empowered to locate, construct and complete a road.
railroad, commencing at a point on the line between the
state of Indiana and Illinois, on the north side of the Kan-
kakee river ; running thence westerly, through the town or Route,
village of Momence, city of Kankakee, Dwight, Streeter,
and thence connect with the Rock Island Railroad, at Bu-
reau Junction or some other point on said road, to be here- .
after determined by said company above mentioned. Said
railroad to be laid out and constructed upon an eligible
route between the points above named. And, for this pur- ^^'i^th.
pose, the said company are authorized to lay out and locate
their said road, with a six foot guage, or otherwise, through
the whole length of said route ; and for the purpose of cut-
ting, embankments, stone and gravel, may take and appro-
C3 RAILROAD COMPANIES — INCORPORATED.
priate as much more land as may be necessary for the con-
struction of said road.
Amouut capital § 2. The Capital stock of said company shall be one
hundred thousand dollars, which may be increased to any
amount not exceeding the actual estimate cost of construct-
ing and equipping their said road, to be divided, into shares
Directors to of One hundred dollars each. All the corporate powers of
manage affairs, gg^j^j company shall be vested in and exercised by a board
of seven directors, who shall be chosen by the stockholders
of said company in the manner hereinafter provided, who
Term of office shall hold their offices for one year or until their succes-
sors shall be elected and qualified ; and said directors, a
majority of whom shall constitnte a quorum for the trans-
action of business, shall elect one of their number to be
Officers. the president of the company ; and said board of directors
sliall have the power to appoint all necessary clerks, secre-
tary, treasurer and all other officers deemed necessary in
the transaction of the business of said company.
Surveys and S 3. The Said Corporation is hereby authorized, by
examiuations. j\ ■ , ' t • , '' , ' v
then- agents, surveyors and engmeers, to cause such exami-
nations and surveys to be made of the ground and the
country as shall be necessary to determine the most desir-
Condemn land. 3 ^^^® routo whereon to construct said railroad ; and it shall
be lawful for said company to enter upon and take posses-
sion of and use all such lands and real estate as may be
necessary for the construction and maintenance of said
railroad, its depots, side tracks, water stations, engine
houses, machine shops and other buildings and appendages,
necessary to the construction of said railroad: jProvided,
that all lands or real estate entered upon and taken posses-
sion of by said company, for the purpose and accom-
modation of said railroad, or upon which the site of said
railroad shall have been located or determined by said cor-
i-ay damages poi'atioD, shall be paid for by said company in damages, if
a en. ^^^^ ^^ sustaincd by the 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,
wliich are not donated to said company, shall bo paid by
said corporation at such times 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 esti-
mated, fixed and recovered in the manner provided by the
general laws now in force or which may hereafter be in
force providing for the condemnation of the right of way
for purposes of internal improvement.
Aiinufti meeting § 4. The time of holding the annual meeting of said
directors shall be fixed and determined by the by-laws of
said company ; and, at all meetings, each stockholder shall
bo entitled to a vote, in person or by lawful proxy, one
vote for eacli share of stock he, she or they may hold bona
fide in said com])any, upon which all installments have
been paid.
KAILKOAD COMPANIES — INOORPOKATED. 63
§ 5. The persons named in the first section of this net open bonks lor
are hereby appointed commissioners, who, or a majority o1'®"^^'^'''P''""-
them, arc hereby authorized to open or cause to be oj)ened
subscription books for the stock of eaid company, at such
time and places as they ma^^ think proper, and also to ap-
point one or more agents to open such boolvs and receive
sucli subscriptions. The said commissioners or their agents pr.ymcntof in-
shall require each subscriber to pay five dolhirs or execute H'-aiimeuts.
a note therefor, as they shall determine, on each share sub-
scribed, at the time of subscribing. The said commission-
ers, or a majority of them, shall call a meeting of the
stockholders of said company whenever twenty-five thou-
sand dollars of said capital stock shall be subscribed, by
giving twenty days' notice in some newspaper j)ublished noUcu of eiec-
in the city of Kankakee or by personal notice thereof, *^"°-
served upon each of said stockholders, at least ten days
before said time of said meeting; and at such meeting it
shall be lawful for said stockholders to elect the directors
of said company and transact any other necessary business;
and when the directors are chosen, then the said commis-
sioners shall deliver to them all subscription books and
other assets and property of said company. No person
shall be a director unless he shall be a bona fide stock-
holder of said company.
§ (). The directors of said company, after the same is Powers of the
so organized, are hereby authorized and empowered to take
and receive subscriptions to their said capital stock, on such
terms and in such amounts as they shall deem for the
interests of said company and as they may prescribe by
their by-laws and regulations for receiving such subscrip-
tion from any other railroad or corporation, and from any
county, city, town or village making the same.
§ 1. That the right of way, and the real estate pur- Ptigutof way.
chased for the right of way or other purposes, by said com-
pany, 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 or real estate, as a compensation for the same, become
the property of said company in fee simple.
§ S. The said corporation may take and transport on said Prnpeiiing
railroad any person or persons, merchandise or other p^o- p""'"'"'^''*''^'*"
perty, by the force and power of steam or animals, or any
combination of them, or by any other motive power, 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 direc- Puiesforgov-
tors are hereby authorized and empowered to make all """'^"'■
necessary rules, by-laws, regulations and ordinances that
they may deem necessar}' and expedient to accomplish the
designs and purposes and to carry into eflect the provisions
64. RAILROAD COMPANIES — INCOKPOKATED.
of this act, and for transfer and assignment of its stock,whieli is
hereby declared personal property, and transferable in such
manner as shall be provided by the by-laws and ordinance&
of said company : Provided^ however, that the legislature
may, from time to time, pass laws to regulate said com-
pany : And, also, provided, that this act shall be subject to.
the general laws of said state now or hereafter to be in
force.
Vacancies, how § 9. In case of the death, resignation or removal of the
president, vice-president or any director of said company,,
at any time before the annual election, such vacancies shall
bo filled for the remainder of the year of such term by the
board of directors ; and in case of the absence of the presi-
dent and vice-president, the board of directors may appoint
a presidentj^ro tern., who shall exercise suc]i duties as may
Absence of the be provided by the by-laws of the company. And in case
piesi ent. ^^ should haj3pen, at any time, that an election should not
be held upon the day fixed by the by-laws or this act there-
for, the said corporation shall not for such cause be deemed
to be dissolved, but such election shall be held at any other
time directed by the by-laws of said corporation.
g ^[g.^j'0 inter- g 10. Whenever it shall be necessary for said railroad
to be constructed across or intersecting the track of any
other railroad or stream of v/ater or water course, road or
highway, on the route of said railroad, it shall be lawful
for said company to construct said railroad across the same :
Provided, the same thus crossed or intersected shall bo
restored to its former state or sufficiently so as not to ma-
terially impede or impair its usefulness.
May unite with § 11. It shall be lawful for said com.pany, and they
otherroads. shall liavc powcr, to unite or consolidate its railroad with
any other railroad or railroads now constructed or being
constructed or which may hereafter be constructed, within
this state 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 said company or
any other company ; and, for said purpose, full power is
hereby o'iven said company to make and execute such con-
tracts with any other company or companies as will secure
the objects of sueh connections or consolidations.
May borrow § V2i. That Said Company, by this act, shall have power
money. ^.^ borrow moucy on the credit of the company, not exceed-
ing three million of dollars, at a rate of interest not exceed-
ing ten per cent, per annum, payable semi-annually, and
Boucismay be may cxecute bonds therefor, with interest coupons attached
issnea witn in- , •' ' \ r ^
terest coupons, thereto, and secure the payment thereot by mortgage or
deeds of trust on the whole or any part thereof of said rail-
road, property and income of the said compan3\ then ex-
isting or thereafter to be acquired, and may annex to the
said mortgage bonds the privilege of converting the same
into the capital stock of said company, at par, at the option
BAILEOAD COMPANIES INOOKPOBATED. 65
of the holders, if such election be signified in writing to
the company three years before the maturity of said bunds.
§ 13. That the directors of said company be and they saie of bonds.
are hereby authorized to negotiate and sell the bonds of
said company at such times and in such places, either with-
in or without this state, and at such rate and for such
prices as in their opinion will best advance the interest of
the company ; and if such bonds are thus negotiated ar
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 par.
§ 14. That the said company, in securing the payment secured by
of said bonds by a mortgage or deeds of trust, as herein- *^^®^® °^ '™^*"
before ineutioned, shall have power, in said mortgage or
deed of trust, to secure the full amount of the bonds which
tiie company may at the time the said mortgage or deed of
trust bears date, or at any time thereafter, desire to sell and
dispose of, and may execute and sell, from time to time,
such amount 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 said bonds mentioned
in said mortgage or deed of trust shall be sold ; and such Mortirages and
mortgage or trust deed shall be as valid and effectual to
secure the payment of said bonds, as executed and sold,
and every part thereof, as if the same and every part there-
of had been executed with even date with said mortgage
or deed of trust.
§ 15. That the width of said road shall not exceed one width.
hundred feet, excepting at stations, where it may be of the
width of two hundred feet for such distances as may be
deemed necessary by said company for side tracks, ware-
houses and other purposes.
§ 16. To further aid in the construction of said railroad, .Towns and
townships, corporate towns and cities, on or along the line stJck™"^
of said railroad, may subscribe to the capital stock of said
company, in sums not exceeding one hundred thousand
dollars, respectively. But no such subscription shall be
made until the same shall be submitted to the legal voters
thereof; and the clerk thereof, if any, and if no such clerk, submitted to
then the county clerk, upon the presentation of a petition, '^^^ ^^ """
signed by at least ten citizens, who are legal voters of the
territory of the proposed subscription, stating the amount
of the proposed subscription, shall cause to be posted
notices in at least three of the public places in such terri-
tory thirty days before such election, notifying the legal Notice of eiec-
voters of such territory to meet at the usual place of hold- ^^'°'
ing elections therein, or if none or if otherwise deemed
proper, at some other convenient place, for the purpose of
voting for or against such subscription; and if it appear
that a majority of all voters have voted "For subscription"
it bhall be the'duty of the supervisors, respectively, of said ^"1?! °5 ^^^
Yol.IlI-y ^ ^'^^''"°"'
Q6 RAILROAD COMPANIES — INCOEPOKATED.
corporate towns or townships, or such clerks, for and in be-
half of the town or townships and cities, that shall have
voted said subscription, to subscribe to the capital stock of
said railroad company the anjount so voted to be sub-
scribed, and to receive from said company the proper cei-
interest bonds, titicates therefor ; and he shall execute to said company, in
the name of said towns, townships, cities, bonds bearing
interest not to exceed ten per cent, per annum, which bonds
shall run not less than ten years and not to exceed twenty-
live years, and the interest upon the same shall be made
payable annually ; and the said bonds shall be delivered to
the president or secretary of said railroad company, for the
use of said company ; and said bonds shall be a pledge
Manner of vo- upou the rcveuuc of such territories, respectively. Said
ducUn^"*^ eiec- elections shall be held and conducted according to the laws
dons." of such cities or corporate towns and township elections
under the township organization laws, and the results shall
be certified to the county clerk and be by him recorded,
and shall be evidence of the facts therein contained. Noth-
ing herein shall prevent said corporate towns, cities and
Payment of in- townships from levying said subscription, with such inter-
Btaiiments. ggt thcrcon, in five installments of annual taxation, and
collect the same with their annual taxes : Promded^ the
same does not exceed five percent, upon the amount of the
Duties of the taxable property thereof It shall be the duty of the county
county cieik. clcrk, annually thereafter, to complete and assess upon all
taxable property returned by the assessor of each of said
corporate towns and townships, which have voted to sub-
scribe, a sutficient sum to pay the interest on all bonds
issued by the respective towns, which tax shall be extended
upon the collector's 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.
Duties of the § 17. It shall be the duty of the treasurer of said county
county treasurer ^q p^y q^j;^ qjj i\^q presentation to him of the bonds issued
by any towns, as aforesaid, the amount due upon each of
said bonds as interest, out of any 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,
Inspection of keep an account with each town of any money received by
books. jjjj^-j ^j-j^ p^j^l Qjj account of said towns, which account shall
at all times be open to inspection by all persons wishing to
examine the same; and nothing herein contained shall ])re-
vent counties and cities from taking and voting for sub-
scriptions in the stuck of said company under the general
laws of this state.
Dividends. § 18. No dividends shall be made to stockholders in
scrip or stock, and the capital stock siuill never be increased
beyond the actual estimated cost of building and equipping
the road.
RAiLKOAD Companies — incorporated. 67
§ 19. That this act shall be deemed a public act, and is Evidence of act.
liereby so declared, and shall be favorably construed for all
purposes herein contained and declared, in all courts and
places whatsoever, and shall be in force from and after its
passage.
Approved April 15, 1869.
AN ACT to incorporate the Kankakee and Indiana Railroad Company. In force April
19, ]S(i9.
Section 1. £e it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That James Corporators.
McGrew, Isaac N. Dickson, Harrison Loring, William
(t. Swanael, Emory Cobb and Thomas P. Boniield, and
their associates, successors and assigns, are hereby created
a body politic and corporate, by the name and style of
"The Kankakee and Indiana Railroad Company," with Nameaudstyie.
perpetual succession ; and, by that name, be and are hereby
made cipable, in law and equity, to sue and be sued, plead corporate pow-
and be impleaded, defend and be defended, in all courts of *''*■
law and equity in this state or any other state ; to make
and use a common seal, and the same to alter or renew at
pleasure ; and shall be and are hereby vested with all pow-
ers, privileges and immunities which are or may be neces-
sary to carry into effect the purposes and objects of this
ac% as hereinafter set forth. And said company are hereby construction
authorized and empowered to locate, construct and com- °^ ''*^'' ^'^•
plete a railroad, with a single or double track, frotn the city
ot Kankakee, in the county of Kankakee, in this state, to
any point on the state line between the states of Illinois and
Indiana, in the direction of Lafayette, in the state of Indi-
ana, or some other place in tlie state of Indiana, to be here-
after selected. And, for this purpose, the said comj)any
are organized to lay out and locate their said railroad, not
exceeding one hundred feet in width, through the whole
length ot said route, and for the purpose of cuttmgs, em-
b;inkinents, stone and gravel, may take and appropriate as
much more land as may be necessary for the construction
and security of said road.
§ 2. The capital stock of said company shall consist of Amount capital
three hundred thousand dollars, which may be increased to ^'^'''=^-
any amount not exceeding tlie actual estimated cost of con-
structing and equipping their said road, to be divided into
shares t>f one hundred dollars each. All the corporate nirectors to
/..J 1111 ..J- 1 -ii manage affairs.
powers 01 said company shall be vested in and exercised by
a board of seven directors, who shall be chosen by the sti>ck-
holders of said company, in the manner hereinafter provi-
ded, who shall hold their offices for one year or until their
68 EAILKOAD COMPANIES — INCORPORATED.
successors shall be elected and qualified ; and said directors,
a majority of wliom shall form a quorum for the transaction
appointment of business, shall elect one of their number to be the
of oflicers. president of the company ; and said board of directors shall
have power to appoint all necessary clerks, secretary and.
treasurer, and all other officers deemed necessary m the
transaction of the business of said company.
Examinations § 3. The Said Corporation is hereby authorized, by their
and surveys. . i • . i
agents, surveyors and engineers, to cause such surveys
and examinations to be made of the ground and country as
shall be necessary to determine the most desirable route
whereon to construct their said railroad ; and it shall be
lawful for said company to enter upon and take possession
of and use all sach lauds and real estate as will be neces-
sary for the construction and maintenance of the said rail-
road, its depots and tracks, water stations, engine houses,
machine shops and other buildings and appendages neces-
sary for the construction of said railroad : Provided^ that
all lands or real estate entered upon and taken possession
of by aaid 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
Payments for ^^ P^i^ ^^^ ^^7 ^'^'^^ company, in damages, if an}^ be sus-
land taken. taiucd by tlic owucr 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 prices as may be mutually
agreed upon by the said corporation and the owner or
owners of such lands, and in case of disagreement, the price
shall be estimated, fixed and recovered in the manner pro-
vided by the general laws now in force or which may
hereafter be m force providing for the condenmation of
land tor purposes ot internal improvements.
Annual mart- § 4. The time of holding the annual meeting of said
ing of directors, ^jj^.y^tors, sliall be fixcd auU deterujiued by the by-laws of
said company ; and at all meetings each stockholder thall
be entitled to vote in person or by proxy, one vote for each
share of stock he, she or they may hold, bona fide^ in said
company, upon which all installments called have been
paid. ^
Open books § 5. The pcrs )ns named in the first section of this act
foi-siibsunption ^^^ hereby appointed commissioners, who, or a majority of
them, jire hereby authoiized to open or cause to be opened
subscription books for the stock of said company, at such
times and places as they may deem proper, and also to ap-
|)oint one or more agents to open such books and receive
such subscriptions. The said commissioners or their agents
shall require each subscriber to pay five dollars or execute
a note therefor, (as they shall determine) on each share sub-
scribed at the time of subscribing, and whenever tweuty-
BAILROAD COMPANIES INCORPOKATED. 69
five thousand dollars shall be subscribed, the said commis-
eidiiers, or a majoiity of theui, shall call a meeting of the
st(»ckholders hy giving ten days' notice thereof in some
newspaper printed in the city of Kankakee, or by persemal
notice thereof served upon each stockholder of the time and organization.
place of meeting, and at such meeting it shall be lawful for
the stockholders to elect the directors of said company, and
transact any other business, and when the directors are
chosen, the said commissioners shall deliver said subscrip-
tion books, with all sums and notes received by them or by
the agents appointed by them as commissioners, to said di-
rectors. No person shall be director unless he shall be a
hona fide stockholder in said company.
§ 6. The directors of said company after the same is .Towns and
organized are hereby authorized and empowered to take d nau'ous.'^^
and receive subscriptions to their said capital stock on sucLi
terms and in such amounts as they may deem for the inter-
est of said company, and as they may prescribe by their
by-laws and regulations, from persons and from any other
railroad company or corporation and from any county, city,
town or township and villages, making the same, aud may
acquire by donation, stock subscriptions or purchase, and
may dispose and convey, as they may deem expedient, real
estate and coal or minsral lands not exceeding one thousand
dollars.
§ 7. That the right of way and the real estate pur- Right of way.
chased for the right of way or other purposes by said com-
pany, whether by mutual agreement or otherwise, or
■which shall become the property of said company by oper-
ation of law, as in this act provided, shall, upon payment
of the amountof money belonging to the owner orowneis
thereof, as a compensation for the same, become the prop-
erty of said railroad company in fee simple.
^ 8. The said company may take and transport on said Articles of and
.<j 111 fo"" trauspoita-
railroad any person or persons, niercnand se or other prop-: ion.
erty, by the force and power of steam, animals or other-
wise, and may fix, establish, take and receive such rates of
toll for all passengers and property transported upon the
same, as said directors shall, from time to time, establish,
subject however to the control and regulations of the legis-
lative powers of this state, whenever they may deem proper
to exercise the same. And said directors are hereby au- Kuiesforgov-
thorized and empowered to make all necessary rules and
by-laws, regulations and ordinances that they may deem
necessary and expedient to accomplish the provisions of
this act and to carry into efl'ect the designs and purposes
thereof, and for the transfer and assignment of its stock,
which is hereby declared personal property, and trans-
ferable in such manner as shall be provided by the by laws
and ordiuc-nces of said company.
70 RAILROAD COMPANIES INCORPORATED.
vvnen vacan- § 9. In case ot* the death or removal of the president,
tii!ed?'''^"'' ^^"^ vice-president or any director, at any time before the annual
election, snch vacancy shall be tilled for the remainder of
the year, whenever it may happen, by the board of direc-
tors ; and in case of the absence of the president and vice-
president, the board shall have power to appoint a president
pro tem.^ who shall exercise such powers as the by-laws of
Abseneeof the said Company shall prescribe. In case that it should at any
president. time happen that an election shall not be made on any day
on which, in pursuance of this act or said by-laws, it ought
to be made, the said corporation, for snch cause, shall not be
deemed dissolved, but such election shall be held at any
other time directed by said by-laws.
Intersections § 10. Whenever it shall be necessary for the construc-
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
f)r said company to construct their railroad across or upon
the same : Frovided., the said company shall restore the
railroad, stream of water, water course, road or highway,
thus intersected or crossed, to its former state or in suffi-
cient manner not materially to impair its usefulness.
May unite g H. Said Company shall have power, by and with the
Ja'aies ^"^ ^°™" consent of the owners of three fourths of the capital stock
of said company, and it is hereby made lawful for said com-
pany to unite or consolidate its railroad stock and property
with that of any other railroad company or companies
within this state or the state of Indiana, whose lines may
unite, cross or intersect the railroad hereby authorized to be
Constructed, or which shall be built along or near the line
thereof, upon snch terms as may be mutually agreed upon
between the said company and any other company ; and for
that purpose, lull power is hereby ^iven to said company
to make and execute such contracts with any other com-
pany or comj)anies as will secure the ctbjects of such C(m-
necrion or consolidations; and such consolidating companies
shall have authority, 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, IbSi :
Provided^ however^ that such consolidations shall be sub-
ject to all the conditions, terms and limitations prescribed
in the general laws of this state upon the consolidations of
railroads.
nwue^. ^°"""'' ^ 12. That the said company shall have power to bor-
row nu)ney on the credit of the company, not exceeding its
authorized capital stock, at a rate of intercHt not exceeding
ten per cent, per annum, ])a3'ablo semi-annually, and may
execute bonds thercf )r, with interest coupons thereto an-
nexed, and secure the payment of the same by mortgage on
the whole or any i)art thereof of the said railroad, property
BAIIBOAD COMPANIES — INCOEPOEATED. Tl
and income of the said company then existing or thereafter
to be acquired ; and may annex to said niorto:ao;e bonds,
the privilege oi' converting the same into the caj)ital stock
of the said company, at par, at the optiun of the holders, if
such election shall be signitied in writing, to the company,
three years before the maturity of the said bonds.
§ 13. The directors of the said company be and they saie of bonds,
are hereby authorized to negotiate and sell the bonds of
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 said
company, and if such bonds are thus negotiated or sold at a
discount, below their par value, such sales shall be valid
and binding on the company in every respect as if the same
were sold and disposed of at their par value. /
§ 14. That the said company, in securing the payment Payment of
of said bonds, by a mortgage on the road, property and
income of the company, shall have power to execute a
mortgage, [as] aforesaid, to secure the payment of the full
amount of bonds which the company may, at the time the
said nortgage 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 such bonds, and of such dates,
and payable to such ijersons, as the directoi's of said com-
pany may deem advisable, till the whole amount of bonds
mentioned in such mortgage is executed and sold ; and the
said mortgage shall be as valid and effectual to secure the
})aymeut of the bonds so executed and sold, and every part
there(jf, as if the same and every part thereof had been
executed with even date with said mortgage.
§ 15. The said company may, annually or semi-annu- Dmdend.show
ally, make such, dividends as they may deem proper out of ciared.
the net profits and income of the said company, among the
stockholders thereof, in proportion to their respective
shares.
S 1(5. To further aid in the construction of said railroad .Towns and
1 ^ . , i\ • . 1 , 1 cilies may take
by sain company, (and) any incorporated town, [orj any stock,
towufrhip under the township organization system, along
the route of said road, may subscribe to the capital stock
of said company, in any sum not exceeding one hundred
thousand dollars.
§ 17. ]N"o such subscription shall be made until the submitted to
question has been submitted to the legal voters of such '^gai voters.
towns or townships in which the subscription is j)roposed
to be made; and the clerk of each of said towns, and the
county clerk in tde case of townships and villages in his
county, is hereby required, upon the presentation of a peti-
tion signed by at least ten citizens, who are legal voters Keqnestforan
and tax iniyers of such town, township or village, and in «i^'=^*''°
which petition the amount proposed to he subscribed f-hall
be stated, to post up notices in at least three public places
72 KAILKOAD OOMPAiflES INCOKPOEATED.
in each town, township or village — which notices shall be
posted not less than thirty days before the day of hulding
such election — notifying the legal voters of such town,
township or village to meet at some place to be designated
by said clerk, for the purpose of voting for or against such
When majority Subscription. If it shall appear that a majority of all the
scription?^ ^^^^~ legal vctcrs of such town, township or village voting at
such election have voted for subscription, it shall be the
duty of the supervisor of such town, or the chief executive
othcer of such incorporated town, and the county <^ierk for
and in behalf of such township or village, to subscribe to
the capital stock of said railroad company, in the name of
such town, township or village, the amount so voted to be
subscribed, and to receive from the said company the proper
Issue bonds. Certificate therefor. He shall also execute to said company,
in the name of bu,ch towns, townships or villages, bonds
bearing interest at ten per cent, per annum; which bonds
shall run for a term of not more than twenty years, and
interest upon the same shall be made payable annually;
and which bonds shall be signed by such chief executive
(officer, supervisor or county clerk, and attested by the
town clerk, where there is one ; and it shall be the duty of
clerks to make out a record ot the issuing of said bonds.
Said bonds shall be delivered to the president or secretary
of said company, for the use of said company. And when
any county or city shall hereafter vote to make subscription,
as aforesaid, the chairman of the board of supervisors of
buch county, and the mayor of such city, shall be required
to subscribe to the capital stock of said company the amount
so voted.
Transcript of § Is. It shall be the duty of the clerk of any such town,
subscribed."™* ^ud the clcrk and judges of election of such townships and
villages, (who shall be appointed by the county clerk,) in
which a vote shall be given in favoi- of subscription, within
ten days thereafter to transmit to the county clerk of their
respective counties a transcript or statement of the vote
given, and the amount so voted to be subscribed, and the
rate of interest to be paid.
Levy tax to S 19. Jt shall, be the duty of the county clerk of such
pay interest. " ^ ., .-^ .^ ^- i j i- x- • i
county, annually, atter the execution and delivery of said
bonds, as atore.-aid, to compute and assess u})on all taxable
property returned by the assessor of such town, township
or village, a sum sufllcient to pay the interest upon all bonds
so issued by the respective towns, townships or villages,
and the costs of collecting and disbursing such amount;
which tax shall be extended upon the collector's books as
other taxes are, and collected in the same manner that
other taxes are collected, and, when collected, shall be paid
to tiie treasurer of the county ; and such town, township
or village may, when i)roviding for the levying and collect-
ing of other taxes, also assess upon the property of such
EAILROAD COMPANIES — INCORPORATED. 73
town, township or village any rate, nut exceeding three per
cent, per year in any one year upon the assessments, to
provide a fund for the redemption of the principal of such
bonds, as or when they shall become due — said tax to be
levied and collected as other taxes are collected, and shall
be paid into the county treasury ; and within and after the
maturity of such bonds, shall provide, by taxation or other-
wise, for their liquidation ; and the county clerk may sub-
mit the question of creating such fund to the legal voters
of the villages or townships, at any time.
§ 20. It shall be the duty of the county treasurer to Duties of the
pay out, on the presentation to him of the bonds issued as county treasurer
aforesaid, the amount due upon such bonds as interest, and
also upon principal, where any tax shall be assessed and
collected to pay principal, out of any money in his hands
for that purpose, and indorse such payment of interest, or
partial payment of principal, upon such bunds ; and when
said bonds shall be paid, he shall receive and cancel the
same, and return the same to the officers issuing the same,
who shall destroy the same in the presence of the town
clerk ; and records shall be made thereof by the proper
ufficers. Town collectors and county treasurers shall re-
ceive the same per cent, for receiving and disbursing said
fund as they now receive in collecting and disbursing the
school fund.
§ 21. At all elections of directors, and in all questions Represent and
voted on by stockholders, the chief executive officer of such c'lstvote.
town, or the supervisor of such town, and such person as
shall be chosen by the legal voters of the township or vil-
lage which shall have subscribed to said stock, shall repre-
sent and cast the vote which said stock represents,
§ 22. This act shall be deemed a public act, and shall
be in force and effect from and after it& passage.
Approved April 19, 1869.
AN ACT to incorporate the Kinmundv and Paua Railroad Company. In force March
^ ' -^ 30, 1S69.
Section 1. Be -it enacted by the People of the /State of
Illinois, represented in the General Assembly, That C. A. corporators.
Montross, D. C. Moore, D. P. Snelling, W. B. Eagan. Isaac
Eagan, Dyas Powers, M. Wilson, Tilman Raser, William
W. Foster, C. H. Hunger, James G. McCreery, J. H. Grev.
J. W. Robb, W. T. Sprouse and Hon. Thomas E. Merritt,
their associates, successors and assigns, are hereby creiited
a body politic and corporate, under and by the name and
style of '-The Kinmundy and Pana Railroad Company," Name and style.
with perpetual succession ; and, bv that name and style,
Vol. Ill— 10
u
BAILEOAD COMPANIES — INCOEPOEATED.
Consf-ructiou
of railroad.
Route of road.
Corporate pow- shall be and are hereby made capable, in law and in equity,
^^^' to 6ue and be sued, plead and be impleaded, defend and be
defended, in all courts of law and equity, in tbis state or
elsewhere ; to make, have and use a common seal, and alter
the same at pleasure : and, by that name and style, shall be
capable, in law, of holding, purchasing, taking, leasing,
selling and conveying estate and property, real, personal
and mixed, so far as the same may be necessary for the
purpose hereinafter named, and not further ; and shall be
and are hereby vested with all the powers, privileges and
immunities which may be necessary to carry into enect the
object and purpose of this act.
§ 2. The said company shall have power and authority
to locate, and, from time to time, to alter, change and relo-
cate, construct and reconstruct, finish, maintain and operate
a railway or railroad, with one or more tracks, commencing
at Pana, in the county of Christian, running thence, through
Fayette county, to Kinmundy, in the county of Marion, in
the state of Illinois, upon the most eligible route, to be se-
lected by the company; and, for the purpose of construct-
ing said railroad, said company shall have power to lay out
and establish their said road, in width not exceeding one
hundred feet, through the entire length thereof ; and, for
the purpose of constructing bridges, dams, embankments,
excavations, spade-banks, engine houses, depots, station
grounds, machine shops, turn-outs, turn-tables, and all other
buildings and fixtures necessary and suitable for the con-
struction, altering, maintaining and operating said road,
and also for obtaining necessary stone, gravel and rails, the
said company may take, use and occupy all necessary lands
upon either side of said railroad.
§ 3. The said company shall have power to take and
hold all such voluntary grants and donations of lands and
real estate as may be made to said company, to aid in the
construction and maintenance of said road, and to take
conveyances of any and all estate therein to said company,
and their successors in office, or their assigns, in fee and
otherwise ; and the right of way and the real estate pur-
chased for the right of way for said company, whether by
mutual agreement or otherwise, or which shall become the
property of the company by operation of law, as in this
act provided, shall, upon the payment of the amount of
money belonging to the owner or owners of said lands, as
a compensation for the same, become the property of said
corporation, in fee simple.
§ 4. The said company are hereby authorized, by their
surveyors, engineers and agents, to enter upon any lauds,
for the purpose of making the necessary survey and exami-
nation of said road, and to enter upon and take and hold
all lands necessary for the construction of said road, by
making just compensation to the owner thereof for damages
Geuera! powers.
Survey aud lo-
cate railroad.
RAILROAD COMPANIES — INCOEPOEATED. 75
that may arise from the appropriation thereof to the uses
aforesaid ; and in case said company cannot acquire title to
the land required for such uses by purchase or voluntary
cession, then they may proceed to acquire it under the
general laws in such case made and provided.
§ 5. The capital stock of said corporation shall consist of „|™j^""'*=^p'''^-
two million (2,000,000) dollars, and may be increased by the "
directors of said corporation to any sum necessary to com-
plete and equip said road. The said capital stock shall be
divided into shares of one hundred dollars each, and shall
be deemed personal property, liable to be sold under exe-
cution, and shall be transferable in such manner as shall be
ordered by the directors of said company.
§ 6. All the corporate povrers of said company shall be Powers of the
be vested in and exercised by a board of directors, five '"'^"°'^^'
in number, to be chosen annually by the stockholders, who
shall hold their offices for one year. And the time and
manner of holding elections for directors shall be deter-
mined by the by-laws of the company ; and at elections,
each stockholder shall be entitled to one vote for each share
of stock owned by him, and vote in person or by proxy.
Said board shall elect one of their own number president „^'^^^*'°" °^
of the company, and appoint all necessary clerks, secretary
and other officers necessary for the transaction of the busi-
ness of the board ; and if a vacancy should occur in the
board, by any cause whatever, before the annual election,
said vacancy may be filled by appointment, under such rules
and regulations as may be prescribed.
§ 7. The first board of directors shall consist of Charles Fh-st board.
A. Montross, D. C. Moore, Tilman Raser, "W. B. Eagan
and David Snelling, who shall hold their offices for one
year after the passage of this act. Said directors shall
cause the books to be opened for subscription to the capital
stock, in such manner as may be fixed by the by-laws.
§ 8. The said company shall be entitled to the privi- Prmieges.
leges, immunities and protection as other railroad compa-
nies are, and shall be subject to the same penalties and
restrictions.
§ 9. The counties of Christian, Fayette and Marion, in counties m^y
which said railroad may be located, are each hereby author- ®^^^^^^" e s oc .
ized to subscribe an amount not exceeding one hundred
thousand dollars ($100,000) each, to the capital stock of
said company ; and said counties, through their respective
county courts, are hereby authorized to issue bonds, paya-
ble to said company, for the amount subscribed, bearing
interest at a rate not exceeding that allowed by law ; but
before making said subscriptions, the county courts of said
counties shall submit the question of subscription to a vote
of the qualified voters of said counties, at an election to be
ordered for that purpose, afcer having given thirty days'
notice thereof, together with the amount proposed to be
76
Transportation .
EAILEOAD COMPANIES — INCOKPOBATEB.
subscribed ; and if a majority of the legal votes cast at
such election shall be in favor of such subscription, then
said subscription shall be made ; otherwise it shall not be
made.
§ 10. Said corporation shall transport firewood and fuel
of every description over its railroad, whenever the same
shall be offered for transportation, at rates as low as the
rates said company shall charge for the transportation of
other freights of a similar class.
§ 17. This act is hereby declared to be a public act, and
shall take efiect and be in force from and after its passage ;
and said company shall commence its work within three
3^ears, and complete the same within five years, after the
passage of this act.
Approved March 30, 1869.
In force March
13, 18G3.
AN ACT to Incorporate the LaFayette, Watseka and LaSalle Railroad
Companj.
Corporfttors.
Section 1. Bz it enacted by the People of the State of
Illinois^ represented in ths General Assembly, That Mica-
jah Stanley, Alexander Campbell, Cornelius F. McNeil,
Elmer Baldwin, Franklin Blades, Thomas Yenum, Michael
Hogle, John B. Hooper and Robert Doyle, and such other
persons as may operate with them, and their successors
and assigns, are hereby made and constituted a body cor-
Name and stylo, porate and politic, by the name and style of "The LaFay-
ette. Watseka and LaSalle Railroad Company," with per-
petual succession ; and, by that name and stylo, shall be
capable, in law, of taking, purchasing, holding, leasing,
selling and conveying estate and property, whether real,
])ersonal or mixed, so far as the same may be necessary for
Corporate pow. the purposcs hereinafter mentioned ; and, in their corporate
capacity, may sue and be sued, plead and be impleaded ;
to have a common seal, wliich they may alter or renew at
pleasure ; and may have and exercise all powers, rights,
privileges and immunities which are or may be necessary
to carry into efiect the purposes and objects of this act or
the law, as hereinafter set forth.
§ 2. The said company shall have fall power and au-
thority to locate, and, from time to time, alter, change, re-
locate, construct, reconstruct, and fully to finish, perfect
and maintain a railroad with one or more tracks, commen-
cing at a point on the cast line of this state, at or within
the vicinity of a lino running from the city of Watseka, in
Iroquois county, to the city of LaFayette, in the state of
Indiana, and running thence, on the most eligible and
Locate and cou
Etriict routl.
Kouls or road.
RAILKOAD COMPANIES — INCOEPOEATED. 7T
feasible route, bj the way of tlio city of "Watseka, in Iro-
quois county, and Melbourne, on the Chicago and Alton
itailroad, to the city of LaSalle, and to transport, take and
carry property and persons upon said railroad, by power or
force of steam or any other mechanical power, or combina-
tion of them, which said company may choose to use or
apply ; and, for the jDurpose of constructing said railroad
or way, said company shall have power to lay out, desig-
nate and establish their road, in width not exceeding one
hundred feet, through the entire line thereof; and may condemn lana.
take and appropriate to their own use all such lands so
designated for the line and construction of said road, upon
first paying or tendering therefor such amount of damages
as shall have been settled by appraisal, in the manner here-
inafter provided, in all such lands as may be taken or upon
any track which may be located by said company ; and, Materials.
for the purpose of cuttings and embankments, and for the
purpose of obtaining stone, earth, sand and gravel, may
take and appropriate as much more of land as may be ne-
cessary for the proper construction, maintenance and secu-
rity of said railroad ; and for constructing shops, depots and
other suitable, proper and convenient fixtures in connec-
tion with and appurtenant to said railroad, may take and
have, use and occupy any lands upon either side of said
railroad, not exceeding two hundred feet in depth from
said railroad ; said company taking all such as gifts or pur-
chasing or making satisfaction for the same, in the manner
hereinafter provided : Provided^ that this section shall not
be construed to restrict or prevent the construction of pub-
lic roads or canals or railroads across the road of said com-
pany, when deemed expedient, but so as not to materially
impair or obstruct the same.
§ 3. The said company, and, under their direction, their gj^^^^ay be*ta-
agents, servants and workmen, are hereby authorized and ken.
empowered to enter into and upon the lands and grounds of
or belonging to any person or persons, body politic or cor-
porate, and survey and take levels of the same, or any
part thereof, and to set out and ascertain such parts as they
may think necessary and proper for making said railroads,
with one or more sets of tracks or rails, and for all the
purposes connected with said railroad, not exceeding one
hundred feet in width, for whicli the said corporation, by
the last preceding section, is authorized to have, take and
appropriate, any lands, and to fell and to cut down timber
standing or being within fifty feet on each side of said line
of said railroad — the damages occasioned by the felling of Assessment of
said trees, unless otherwise settled, to be assessed and paid
in the manner hereinafter provided for assessing and pay-
ing damages for land taken for the use |of said railroad
company ; and also to make, build, erect and set up, in
and upon the route of said railroad or upon the lands ad-
T8 RAILROAD COMPANIES — mCOEPORATED.
joining or near the same, all such works, ways, roads and
conveyances, as ma}'' be requisite and convenient for the
Gecerai powers, purposes of Said railroad ; and, also, from time to time, to
alter, repair, amend, widen or enlarge the same or any
of the conveniences above mentioned, as well for the
carrying goods, commodities, timber or other things to and
upon the said railroads, as for carrying all manner of ma-
terials necessary for the making, erecting, furnishing, alter-
ing, repairing, amending or enlarging the works of or con-
nected with the said railroad, and contract and agree with
the owner or owners thereof for earth, timber, gravel, sand
and stone or other materials or articles whatsoever, which
may be wanted in the construction or repairing of said
railroad, or any of its appurtenances, they, the said
company, doing as little damage as possible in the execu-
tion of the said powers hereby granted, and making satis-
faction, in the manner hereinafter mentioned, for all dama-
ges to be sustained by the owners or occupiers of said
lands.
Procure addi- § 4. And Said Company may contract and agree with
tionai materia s. ^-^^ owners or occupiers of any lands which said company
may wish to use or occupy, ibr the purpose of procuring
sand, stone, gravel, earth or other material to be used in
embankments or otherwise, in and about the construction,
repair or enjoyment of said railroad, or for the right of
way for said railroad ; and in case said company cannot
agree with such owner or occupier of such lands, as afore-
said, so as to procure the same by the voluntary deed or act
When owner ^^ ^'G.ch owuers or occupici's thereof, or if the owners or
amiuor, etc. occupiers thereof, or either or any of them, be a femme
covert or 7ion compos mentis, unknown or out of the county
in which the lands or any property wanted may be situated,
the same may be taken and paid for, if any damages be
awarded, in the manner provided for in and by the general
laws now in force or which may hereafter be in force on
the subject of condenming the right of way for railroad
companies.
Amount capital § 5. The Capital stock of said company shall be two
stock. millions of dollars, which may be increased, from time to
time, by a vote of a majority in interest of the stockholders,
at their annual meeting or at any special meeting that may
be called for that purpose by the directors of said company,
to any sum not exceeding the entire amount to be expended
cortmcatcs of on account of said road ; which stock shall be divided into
regis ere gj^^^^^g ^f ^^^ hundred dollars each, which shall be deemed
personal property, and may be issued, certified, transferred
and registered in such manner and at such places as may
be ordered and ])rovided by the board of directors, who
shall have power to require the payment of stock subscribed
in the manner and at the time and in such sums as they
may direct ; and on the refusal or neglect on the part of
board of direc-
tors.
EAILBOAD COMPANIES — INOOEPOKATED. T9
stockholders, or any of them, to make payment on the saieofdeim-
requisition of the board of directors, the shares of such de- 1'^°°'^ ^'°^'^-
linquents may, after thirty days' public notice, be sold at
auction, under such rules as the directors may adopt ; the
surplus money, if any remain after deducting the payment
due, with interest and the necessary costs of sale, shall be
paid to the delinquent stockholder: Provided^ that all un-
paid assessments on stock subscriptions to this corporation
may be collected otherwise by law, as this corporation may
elect. The persons named in tiie first section of this act sabacription
shall cause books to be opened for subscription to the capi- capita°8toTk.'*^
tal stock of said company, at such times and places, in such
manner as they shall direct: Provided, that so soon as
twenty-five thousand dollars of bona fide donations and
subscriptions shall be made to said capital and five per
cent, tbereon paid, it shall be lawful for said company to
elect a board of directors, not less than five nor more than
eleven in number, who shall hole! their oflices for one year
and until their successors shall be elected and enter upon
the duties of their ofiices. The first election of directors Eiectiou of
shall be held at the city of Watseka, in the county of Iro-
quois, thirty days' notice thereof first being given in some
newspaper published in said city ; and subsequent elec-
tions shall be held in such manner as the directors shall by
by-laws direct.
§ 6. At any election held for directors each share of y<>te of stock-
stock shall be entitled to one vote, to be given either in
person or by proxy, and the persons receiving the largest
number of votes to be declared duly elected, and to hold
their offices until the next annual election and until their
successors are elected and qualified. All elections for di-
rectors to be conducted by three judges selected by the
stockholders present.
§ 7. After the directors are elected, they shall organize organization.
the board by electing one of their number president and
one of their number vice president, and by appointing a
secretary and treasurer.
§ S. Said company shall have power to purchase, with Machinery, etc.
the funds of said company, for the use of said company on
said railroad, all the necessary.^ rolling stock and other ne-
cessary equipments, and shall have power to charge for
tolls and transportation and rates of fare such sums as shall
be lawfully established by the by-laws of said company :
Provided, that said company, in establishing tolls and
charges for transportation and fares, shall not discriminate Transportation
neither in favor nor against the Chicago, Danville and Vin- ^^^^^'
cennes Railroad or the Toledo, Peoria and "Warsaw Eail-
road, or any railroad in the state of Indiana with which this
railroad may connect at the state line, but shall pro rate
charges for transportation and passengers' fares with said
railroads, and at any reasonable rates that may be estab-
80
RAILROAD COMPANIES — INCORPORATED.
prohibited.
Rules lor gov-
pRiment.
lEtersection.
lished by said railroad companies, and stall promptly fur-
nish transportation for all freights which may be offered
oonsoiidation for shipment over said railroad, and shall not form any
consolidation or business connection with any railroad com-
pany in the state of Indiana, except upon the express con-
ditions herein stated, and except said railroad company in
tlie state of Indiana will, in like manner, pro rate with this
company ; but these provisions shall not be construed to
apply to tolls and charges on transportation and fares on
the line of this road not designed to be transferred to the
other roads in this section mentioned.
§ 9. Said company shall have power to regulate the
manner of transportation of persons and property, the
width of track, form and size of cars, and weight of loads,
and other necessary matters, and shall, also, have ])ower to
make, ordain and establish all such by-laws, rules and
regulations as may be deemed expedient and necessarj'- to
fulfill the purposes of this act and for the well ordering and
security of the affairs, business and interests of said com-
pany.
§ 10. When it shall be necessary for the construction of
said railroad to intersect or cross a track of any other rail-
road or any stream ot water or water course or road or
highway, being over the route of said road, it shall bo law-
ful tor the company to construct their railroad across or
upon the same : Provided^ that said company shall restore
the railroad, stream of water, water course, road or high-
way-, thus intersected or crossed, to its former state, or in a
sufficient manner not materially to impair its use.
§ 11. The said company shall, annually or semi-annu-
ally, make such dividends as ihey may deem proper of the
net profits, receipts or income of said company among the
stockholders, in proper proportion to their shares.
§ 12. The said company are hereby authorized to bor-
row money, from time to time, on the credit of said com-
pany, at a rate of interest per annum to be agreed upon
between the parties, for the sole purpose of constructing and
equipping said road in the manner necessary for carrying
on the operations of said company, and may issue its cor-
porate bonds theretbr ; and to secure the payment thereof,
with interest which accrues, may mortgage the road, in-
come and other property of said company ; and they may,
by their president or other ofiicers or agents, sell, dispose
of or negotiate such bonds or stock of said company, at
such times and places, cither within or without this state,
and at such rates and for such pi*ices, as in their opinions
will best advance the interests of said company ; and if
such bonds or stocks are thus sold at a discount such sale
shall be as valid and, binding, in every respect, as if sold at
par value ; and the said company are hereby authorized to
confer upon the holder of any bond issued as aforesaid the
Divldencls.
May
monej".
borrow
Issue bonds.
Sale of bonds.
Railroad companies — incorporated. 81
ri<2;ht to convert the principal tluTcof, at any time nnpaid,
into the stock of the conipaMj.
§ 13. The several coumit.s, townships acting under the oomities ana
town-hip or^ranization laws, cities and towns, tlir<iugh oi g't",''il';™'*^*'''^'*
near winch said raih'i'ad passes, may subscribe tor and take
stiick in the curp^ration or make donations to aid in tlie
construction of said raih'oad : Provided, that no subscrip- submitted to
tion or donation shall be made unless the majority of the i«=iii voters,
legd voters of the county, township, city or town, at an
election, to be held in the sartie manner that town meet-
intjs are held, fur that purpose, shall vote for the sauie;
whicli election shall be called by the county court in case of
ct)uiities, and by the corporate autliorities in case of town-
ships, ciiies or towns, upon the petition of twenty letjal vo-
ters of the same ; and in case tlie county court or said cor-
porate authorities refuse, upon being so duly petitioned, to
call such election, then any twenty legal voters of the
county, township, city or town, as the case may be, may request im- an
call such election ; and in case any county, township, city eb.ton.
or town vote in favor of taking a designated amount of
stock in said company or in fa /or of donating a designated
amount to aid in the construction of said railroad, the same
shall make provision, by taxation, for the prompt {)ayment Payment lor
of the assessments on said stock or the payment of said
donation, and may issue bonds to aid in the payment there-
of, and may sell the same, on sued terms as may best con-
duce to the objects for whicli they were issued, and shall,
also, provide, by taxation, for the prompt payment of such
bonds and the interest thereon ; and the taxation for such
purpose shall be levied and collected like other county or
town taxes, and shall be set apart by the county treasurer
and appropriated to the prompt payment of assessments on
KHid stock or the payment of such bonds, with interest
tliereon, as the case may be; and all county and t(nvn
taxes assessed and levied on said railroad shall be set apart
and appropriated by the county treasurer for like purj)oses.
§ 1-t. Said company shall have the power to unite
its railroad with any other railroad, either in this state uTay unite with
or the state of Indiana, upon such terms of sale, lease, "'^'' '°'*'^*'-
purchase, or otherwise, of railroad or franchise, as may
be muiually agreed upon between the companies con-
necting; and, for that purpose, full power is hereby
given to said company to make and execute such contracts
wiih any other company as will secure tlie objects of such
connection, purchase, sale or lease, with any other railroad
crossing or intersecting the same or in the Ime of tlie ex-
tension of the same; and in case this cttmpany should
mike a satisfactory arrangement with any other com})any,
at a point from whicti such company has a railroad now m
operdioii or which may hereafrer be m peration, in the Kxrond road,
direction of the city of Lafayette, in the state of Indiana,
VoLIII— 11
8 J BAILEOAD COMPANIES — LNCOBPOKATED.
then this company may construct their road from a point
so connecting said roads to the city of Watseka, and from
thence to the city of LaSalle; and this company may
grant to such company the right to construct and use all or
any portion of the road hereby authorized to be con-
structed, and also the right to purchase or lease any part
or all of said road ; and this company shall have the right
to sell, lease or convey the same to said company or con-
solidate its stock therewith and place the management and
control of the same under their board of directors, upon
such terms as may be mutually agreed upon between the
companies of the said railroads.
Construction § 15. Said compauy shall first construct its railroad
poiiits!" ^^^"^ ^ ° upon that part of its line between the state Hue and the
city of Watseka, unless a sufficient atnount of stock and
donations be obtained to construct more or all of said rail-
road, in which case it mav be commenced and prosecuted
as the directors may direct.
Injury to road. g 1(3, If any pcrson or persons shall willfully, maliciously
or wantonly obstruct the passage of any engine or car on
said railroad or any part thereof or shall damage, break
or destroy any part of said railroad or buildings connected
therewith, cars or machinery thereof, every such person
so oft'ending shall be deemed guilty of misdemeanor, and,
upon indiccmeut tlierefur and conviction thereof, shall be
liable to afine not exceeding one thousand dollars, and may
be imprisioned not exceeding tive years, at the discretion
of the court, and shall further be liable to the said com-
pany in treble the amount of damages sustained, to be
recovered in any court of competent jurisdiction.
§ 17. This act shall be deemed and taken to be a public
act, and shall be in fjrce from and after its passage.
AppKOVJiD March 13, 18^59.
In force June AN" ACT to incorporate the Lewistown and Havana Railroad Company.
19, 1S«9.
Section 1. Be it enacted l>y the Ptojule of the State of
Illinois, represented in the General Assembly^ That all
Corporators. such pcrsous as shall become stockholders, agreeably to
the provisions of the corporation hereby created, shall be,
and for the term of ninety years from and after the passage
of this act, shall continue to be a body politic and coipo-
Name and style. I'atc, by the uame of "The Lewistown and Havana Rail-
corporate pow- r<>ad Compaiiv ;" and, by that name, shall have succession,
"^- for the term of yeats above specitied ; may sue and be
sued, complain or defend, in any court of law and equity ;
may make and use a common seal, and alter the same at
RAILKOAD COMPANIES INCORPORATED. S3
pleasure: may make by-laws, rules and reffnlatinnR for tlie Rniesforgov-
management ot property, the reijiuuitioii ot ite aitairs, ana
for the transfer of its stock, not inconsistent \vith the ex-
isting laws and constitution of this state or the United
States ; and may appoint such officers, agents and servants
as the business of the said company may require, prescribe
their duties and require bond for the faithful performance
thereof.
§ 2. That Henry S. Bryant, Abraham Stevenson, commissioners
John AV. Proctor, Henry Piielps, Moses Turner, John J. scnptkj'us!
Henderson, S. C. Judd, Alexander Hull, S, P. Sho])e, R.
B. Stevenson, L. W. James, George Whitaker, Nathan
Beadles, C. W. Andrews, Joseph Dyckes, James J. Hole,
Lyman Lacy, Dr.- E. B. Har]>ham, D. J. "Waggoner, Ed-
M'ard Layer, William Phelps, John H. Piersol, Lewis W.
lioss, John W. Ross, John H. Havighust, Hugh Fuller-
ton, and Thomas A. Boyd, be and they are hereby ap-
pointed commissioners for the purpose of procuring sub-
scriptions to the capital stock of said company, whose duty
it shall be to open books for subscription to the capital Time and place
stock of said company, giving notice of the time and place ^°^'^'^'^'^"'^'''°'^
when and where said books will be opened, at least thirty
days previous thereto, by pn!)lication in some newspaper
or newspapers published in each of the counties of Fulton
and Mason. The said commissioners, or a majority of
them, shall attend at the place or places appointed in such
notice, for the opening ot said books, and shall continue to
receive subscriptions, either by themselves or agents ap-
pointed by them for such purposes, until the sum of tifty
thousand doUars is subscribed ; then, when the said sum of
fifty thousand dollars shall have been subscribed, the said Notice of eiee-
commissioners shall give twenty days' notice by publica-
tion in one or more public newspapers published in the
towns of Lewistown and Havana, in said counties of Ful-
ton and Mason, of an election by said stockholders of a
board of directors, as hereinafter provided, for tlie manage-
ment of said company. At such time and place, so ap-
pointed for that purpose, the commissioners, or a majority
of them, shall attend and act as inspectors of election ;
and the stockholders present shall proceed to elect ten di-
rectors, by ballot; and the commissioners present shall Eipction of
certify the result of such election, under their hands,
which certificate shall be recorded on the record book of
said company, and shall be sufficient evidence of the elec-
tion of the directors therein named. The directors thus
elected shall hold their offices for one year, and until their
successors are elected and qualified.
§ 3. The capital stock of said company shall be three ^™^°i"fjock °^
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 necessary to
81
KAILKOAD COMPANIES — INCOKPORATED.
Powers of the
d lectors.
Vacancies.
Term of cfBce.
Call for pay-
ments due.
Stock forfeited.
Cinstrnction
of ra Iru^.d.
Route of ro id.
Kate? of fire.
complete the work herein authorized ; and the pame shall
be subscribed for and taken under the direction of the
board of directors of said company', at such time and in
such naanner as the said directors shall, frotn time to time,
direct. The shares of said capital stock of said company
shall be deemed and considered personal property.
§ 4. The affairs of said company shall be managed by
a board of ten directors, to be chosen annually by the
stockholders, from among; themselves. At all elections f -r
directors, each stockiiolder shall be entitled to one vote for
each i^hare of stock held by him, and may vote personally or
by proxy ; and a plurality of V(jtes given at any election shall
determine^ the choice. The directois thall elect one of
their number as president of the board ; and in case of any
vacancy occurring in said board of directors between elec-
ticms the same may be filled by the board, at any legal
meeting of ihe directors, and the persim so elected to till
the vacancy shall hold his office until the next annual
meeting of the stockholders. In ca>e of the abbence of
the president of the board, the directors may elect a presi-
dent, pro tempore, who shall exercise for the time being
all the legal powers of the presi' ent of the board.
§ 5. It shall be lawful tor the directors to make calls
upon the sums subscribed to the capital stock of taid com-
pany, at such times and in such amounts as they shall deem
fit, giving at least thirty days' notice of said calls in at
least two newspapers published in the vicinity of said
road ; and in case of any failuie on the part of any of the
stockholders to make payment of any call, as aforesaid, by
the said directors, for sixty days after the same shall have
been done [due] the said board of directors are hereby au-
tliorized to declare the said stock so in arrears and all
sums paid thereon forleited to the company.
§ 6. The said company are hereby authorized and era-
powered to locate, constiuct and complete and to maintain
and operate a railroad, wiih a single or double track and
with such appurtenances as may be deemed necessary by
the directors for the convenient use of the same, from the
city of Lewistown, in the county ot Fulton ; thence, by the
most eligible nuue, to the city of Havana, in the county of
Mason. And the said cou puny may survey and determine
the line of said road, upon such routes between said points
as the said company siiall deem most eligible. And the
said Company are further authorized to use and (Operate
said railrnal, and shall have power and authority to regu-
late the time and manner in which goods and eftects and
persons shall l)e transportetl on the same, and prescribe the
manner m which said railroad sha 1 be used atid the rateot
toll for the transpnrtation of pc•r^ons and property thereon
and tor the storage of merchandise and other property un-
der their charge, and shall have the power to provide all
BAILBOAD COMPANIES — INCORPOKATED. 85
iitvcepsary stock and material for tlie operation of said road,
and shall have power to erect and maintain all nects^ary
depots, stations, shops and other buildings, bridges and
machinery, for the accommodation, management and op-
eration of said road.
§ 7. The said company are hereby authorized, by their snryeys and
engineers and agents, to enter upon any lauds, for the
purpot-e of making the necessary survey and examinations
of said road, and to enter upon, take and hold all lands
necessary for the constiuction of said railroad and its ap-
])emlages, iii'st making just and reasonable compensation uamaL'es for
to the owners of said land for any damages that may arise ''*'^'^'■'^'^'^"•
10 them trom the building of said railroad ; and in case
said company shall not be able to obtain the title to the
lands throi;gii which the said road shall be laid, by pur-
chase or vidUntary cession, the said company are hereby
anthor:ze'] to piMceed to aecortain and determine the daui-
iiges sustained by such ow^ner or owners in the manner
and upon the principles provided in ''An act to amend
the law condemning right of way for purposes of internal
improvements," approved June 22, 1862, and amend-
ments thereto.
*i 8. The said comuany are authorized and empoweied ^^ay borrow
to bormw, trom time tu time, such sum or sutns or money
as in their discretion may be deemed necessary to aid in
the construction of said road, and to pledge and mortgage
the said road and its appendages, or any part thereof, or
any other property or effects, rigiits, credits or franchises
of the said company, as secuiity for any loan of money
and inteiet-t theieon, and to dispose of the bonds issued
fur sucii loan, at such rates or ou such terms as the board
of directors may determine,
§ 9. Said company shall be bound to repair all public i^epair h-gh-
highways, bridges and water courses which may be injuied
in constructing the said railroad and its appendages, and
shall restore ihem, as far as practicable, to as good a con-
dition as they were before they were injured by reason of
the construction of said road.
§ 10. Any person who shall willfully injure or obstruct injury to road.
the said road or any part there(»f, or the a[)pendages
there(»f, rdiall be deemed guilty of a misdemeanor, and >
shall forfeit to t' e use of ttie company a sum three-fold the
amount of the damaires occasioned by such injury or ob-
struction, to berecovereii in an action of debt, in tlie name
<»f said company, with costs of suit, before any justice of
the peace or before any court of record in this state.
^ 11. The sa'd company shall be allowed five rears Time of com
I- 1 I- 1 / ,• i.1 I i- • J mencement and
from the passage of tins act lor the connnencement of said (timpietiun of
railroad, and two years thereafter for the cjUipleliou ot *''""^-
the same.
86 KAILKOAD COMPANIES — INCORPORATED.
Construction of § 12. This act shall be deemed and taken as a public
^°'* act, and shall be construed beneiiciaily for all purposes
herein specified or intended.
Approved March 30, 1869.
In force April AN ACT to incorporate the Litchfield and Western Railway Company.
19,1869. ^ J f J
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly, That Ba^yless
Corporators. ^v . Hanna, Parson B. Updike, "Wesley Best, George Ray-
mond, Thaddeus L. Loomis, Alexander McKain Dubois,
Samuel Pitman, David Gore, David Pierson, David M.
Woodson, Henry L. Clay, George Wright and Benjamin
F. Child, are hereby created a body corporate and politic,
Name and style. Under the name and style of "The Litchfield and Western
liailway Company," with perpetual succession ; and, under
Corporate pow- this name, shall be capable of suing and being sued, i)lead-
^'"^" ing and being impleaded, defending and being defended
against, in law and equity, in all courts and places whatso-
ever, in like manner and fully as natural persons ; may
have and use a common seal, and alter or renew the same
at pleasure ; and, by their said corporate name and style,
shall be capable, in law, of contracting and being contracted
with ; shall be and are hereby vested with all the powers,
privileges, immunities and franchises of receiving and dis-
posing of real and personal estate, which may be needful
lo carry into effect fully the purposes and objects of this
Location and act. And Said Company are hereby authorized and empow-
road.'"'' °^ ° t'red to locate, construct and complete a railway, with a
single or double track, commencing at Litchlield, in the
county of Montgomery, in this state, and from thence run-
ning to Carlinville, in the county of Macoupin, in this state,
from thence to Carrollton, in the county of Greene, in this
8 ate, and from thence to the Mississippi river, at any point
i:)etwet!n the town of Hamburg and the city ol Quiiicy, on
said river, on to either or both of said last named places.
^^Ammnit capi- g v. The Capital stock of said company shall be one
million dollars, which may be increased to live million dol-
lars, for the cimstruction of said railroad and appendages
and the full eliectuation of the objects of this act, by the
board of directors of said company ; such capital stock shall
be divided into shares of one hundred dollars each, and
* shall be deemed persoTud propci-ty, and may be subscribed
for, issued, transferred and assigned in such manner as the
board of directors may prescribe and determine.
General powers. § 3. The Corporation hereby created shall have power
to locate, construct, furnish, maintain and operate a railroad,
RAILKOAD COMPANIES — INCOEPOEATED. 87
as aforesaid, with all necessary sidetracks, turnouts, switch- .
es, depots, stations, and all necessary buildings, erections
and structures ; and, for this pur{)Obe, 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. The persons named in the first section of this act open books
are hereby appointed commissioners for receiving subscrip- ^°'' subscrip-
".T 11 • 1 tion.
tions to the capital stock ot the corporation, who, or a ma-
jority of them, are hereby authorized to cause books to be
opened at such times and places as they may deem proper,
for receiving subscriptions to said capital stock. Notice of
the time and places when and where the books will be
opened shall be given by publication for at least thirty days
previous to opening the same, in sucii newspaper or news-
papers as shall be selected for that purpose by said com-
missioners. On opening said books said commissioners
shall attend in person, or by agents, and continue to receive
subscriptions to said capital stock, until the sum of one hun-
dred thousand dollars thereof shall have been subscribed.
Each subscriber shall, at the time of subscription, pay to payments,
said commissioners the sum of live dollars on each share of
the stock subscribed for by him; and the commissioners
shall, as soon as the directors of said corporation shall have
been elected, deliver to them the whole amount so received
and also all subscription books and papers belonging to said
company. A majority of said commissioners may till any
vacancies that may occur in their number, by death, resig-
nation or otherwise.
§ 5. All the corporate powers of said company shall be corporate pow-
vested in and exercised by a board of nine directors, who ^^■®-
shall be chosen by the stockholders of said company in Boird of di-
the manner hereinafter provided, and who shall hold their "'^^"''^•
offices for one year and until their successors shall be
elected and qualified; and said directors, a majority of
whom shall furm a quorum for the transaction of business,
shall elect, by ballot, from among themselves, a president officers chosen.
and vice-president, and shall have power to appoint a sec-
retary, treasurer, and all otiier officers deemed necessary
for the transaction of the business of said company, and
nuiy require such officers to give such security for the faith-
ful perfirniance of the duties of their office as the company,
by its by-laws, may require. Said directors shall, al>o, Ruiesforgov-
have power to make all such rules, bylaws and regulations ^'''^"'^"*-
as they may deem necessarv and expedient to accomplisli
tlie designs and purposes and to carry into effect the pro-
visions of this act, and for the transfer and assignment of
the ca})ital stock, and prescribing the duties of officers, arti
ficers and servants that may be employed, and f")r the ap-
pointment of all officers to carry on the business, within the
88
KAILROAD COMPANIES INCOKPOKATED.
Slection of di'
rectors.
.objects and purposes Of said company, not inconsisent with
the laws ot this state.
§ 6. The tirst election for directors shall be hold en as
soon as may be after the said one hundred thousand dollars
^of stock shall have been subscribed. The cummist^ioners
shall give notice of the time and place at which a meeting
of the stockholders will be held, for the choice of directors,
by publication in a newspaper published in anyone or more
of the counties along the route of said railway, as they
may deem i)roper, at least thirty days before the day set fur
inspe-tors of ^uch organization. At the time and place appointed for
ection. i\y^i purpose, the commissioners, or a majority- of them,
shall attend and act as inspectors of said election. The stock-
holders who shall be present shall proceerl to elect, by bal-
lot, nine directors; and the commissioners present shall cer-
tify the result of such election, under their hands, which
certiiicate t^hall be recorded in the books of the corporation
and shall be sufficient evidence of the election of the direc-
tors therein named. All future elections shall be held at
the times and places and in the manner prescribed by tlie
stockhoidere' by-laws aiid regulations of said corporation. Each btock-
hokler shall be entitled to vote, in person ur by proxy, one
vote tor every share of stock he or she may hold, bonajide^
upon which all installments, called and due. have been paid ;
and a plurality of votes at any election shall detertnine the
choice; but no stockholder shall be allowed a vote at any
election after the first for any stuck which siiall have been
assigned to him within thirty days previous to the day of
holding such election.
§ 7. TiiC directors shall have power and are required
to reopen the books to fill up the capital stock of saio com-
pany, and shall continue to receive subscriptions therefor
until the whole amount of such capital (not subt-cribed be-
fore said commissioners) shall have been taken, and shall
also receive such subscriptions to the additioiuil capital st(;ck
of said ci)mi)any, should the same be increased by said di-
rectors, pursuant to the authority herein given, at v-ucli time
and places as the directors may deem expedient, and all
subscriptions to the stock of said company shall be paid at
such times and in such amounts and in such conditions as
said dirt'Ctors may prescribe, under the penalty of the for-
feiture of the stock and all tiie paymints thereon, and they
shall give iK>tice of the payments thus recpiired and of the
place wliere and the time when the same are required to be
paid, at least thirty days previous to the time when said
payments shall be recpiired to be made, by publication in
sucli newspajjer and for such times as said directors shall
determine.
§ 8. In case of death, resignation or reinoval of the
president, vice president or any director, at anytime before
the annual election, such vacancy shall be filled for the re-
Ef-npen snli
scriptioi) books
Pajments.
Vacancies, how
filled.
RAILROAD COMPANIES — INCORPOEATEi). 89
mainder of the year wherein it may happen by the board
of directors; and in case of the absence of tjie president Absence of the
and vice-president, the board of directors shall have power ''^^^'
to appoint a president iwo Um,pore^ who shall have and ex-
ercise such powers and functions as the by-laws of the said
company may provide. In case it should at any time hap-
pen that an election shall not be made on any day on whicli,
in pursuance of this act it ought to be made, the corporation
shall not for that cause be deemed dissolved, but such elec-
tion shall be held at any time directed by the by-laws of
said corporation.
§ 9. Any incorporated city, town or county, on or near .Town3 ana
the line of said railway, may subscribe to the capital stock stock.'"'^^
of said company any sum not exceeding one hundred thou-
sand dollars, and may issue bonds, in denominations of not
less than one hundred dollars, bearing interest at the rate
not exceeding ten per centum, per annum, payable annu-
ally, which bonds may run any period not exceeding twenty
years, to be determined on by the county court, board of
supervisors, city council, town trustees or other proper au-
thority issuing said bonds : Brovided, that before the said
stock shall be subscribed an election shall be held, in con-
formity with the laws in regard to ordinary city, county or
town elections, the usual notice having been given, and re-
turns to be made in the usual way, at which election a ma-
jority of the legal voters voting on that question, shall have
voted in favor of said subscription, and to this end the submitted to
county court, board of supervisors, city council, town trus- ^°"^' '^'^'^''^■
tees or other proper authority may, from time to time, or-
der elections, specifying the amount proposed to be sub-
scribed; and such city, town or county is hereby authorized
to assess and levy a sutficient tax to pay the interest accru- Tax to pay Ie-
ing on such bonds and the principal of the same, when due,
which tax shall be assessed, levied and collected in the same
manner as other taxes are by law required to be assessed,
levied and collected.
§ 10. Any township under township organization, on who may sub-
or near the line of said railway, may, also, subscribe to the scribe etock.
capital stock of said company in any sum not exceeding
fifty thousand dollars, but no such subscription shall be
made until the question has been submitted to the legal
voters in the town in which the subscription is proposed to
be made; and the clerk of each of said towns is hereby re-
quired, upon the presentation of a petition, signed by at
least twenty citizens, who are legal voters and tax payers of
the township for which he is clerk, in which petition the
amount proposed to be subscribed shall be stated, to post
up notices in at least ten of the most public places in said
town, which notices shall be posted not less than thirty Elections for
days before the day of holding such election, notifying the l^^ck"''^'""* °^
legal voters of said township to meet at the usual places of
Vol. Ill— 12
90
EAILEOAD COMPANIES — INCOEPORATEB.
Supervisors to
f-iibecribe stock.
Issue Tjoncls.
Clerk's duties.
votiDg in said township, for the purpose of voting for or
against such subscriptions, which election shall be held and
conducted in the manner provided by law for the election
of town officers.
§ 11. If it shall appear that a majority of all the voters
voting on that question have voted " For subscription," it
shall be the duty of the supervisors of each of said townships
that shall vote for such subscription to subscribe to the cap-
ital stock of said railway company, in the name of the town-
ship for which he is supervisor, the amount so voted to be
subscribed, and to receive from said company the proper
certificates therefor: he shall, also, execute and deliver to
said company, in the name of said township, bonds, bearing
interest not to exceed ten per centum, per annum, which
bonds shall run for a term not exceeding 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-
ship in whose name the bonds are issued, and it shall be
his duty to make a record of the issuing on said bonds.
§ 12. It shall be the duty of the clerk of each of said
townships in which a vote shall have been given for sub-
scription, within ten days thereafter, to transmit to the
county clerk of the county a transcript or statement of the
vote given and the amount voted to be subscribed, and the
rate of interest named in the bonds.
§ 13. It shall be the duty of the proper corporate author-
ities, annually thereafter, to comj)ute and assess upon all
the taxable property returned by the nssessor of each of
said townships which have voted to subscribe to the stock
of the said corporation a sufficient sum to pay the interest
on all bonds issued by the respective townships, which tax
shall be extended upon the collectors' books as other taxes
are, and shall be collected in the same manner as other
taxes are collected, and, when collected, shall be paid into
the county treasuiy as other taxes are paid.
§ 14. It shall be the duty of the treasurer of such coun-
ties in which townships have voted for said rail-
way subscriptions, to pay out, on the presentation to
him of the bonds issued by any townships, as albresaid,
the amount due upon each of said bonds, as entered, out
of any 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
township of .all money received and paid by him on ac-
count of said townships, which account shall, at all times,
be open to inspection by all persons wishing to examine
the same.
Mode of voting. § 1,5. At all clectioDS for officers and on all questions
voted uj)on by the stockholders of said company, the su-
pervisor of the township or townships who may subscribe
to tho stock of said company, shall represent and cast the
Tax to pay in-
terest.
Taxes paid to
coimly treasurer
Duties of the
treasurer.
lu.'ipeclion of
accounts.
RAILROAD COMPANIES — INCORPORATED. Dl
vote which said stock is entitled to, in person or by lawlul
proxy, and in case the supervisor is absent or unable to
net, and has not appointed a person to act as proxy, then
the township clerk shall be vested with the same powers as
is herein ^iven to the supervisor.
§ IG. The said corporation is hereby empowered to pur- May purchaec
chase, receive and hold such real estate as may be neceB- estate'^"''^ ^^^^
sary and convenient in accomplishing the objects for which
this incorporation is granted, and may, by their agents, en-
gineers or surveyors, enter upon, take possession of and use
all such lands and real estate as may be necessary for the
construction and maintenance of said railroad and the ap-
pendages and accommodations requisite and appertaining
thereto, and may also receive and hold all such voluntary
grants and donations of lands and real estate as shall be
made to said corporation, for the purpose aforesaid. And Right of way.
in case said company shall not be able, by purchase or vol-
untary cession, to acquire the right of way and grounds
for said railroad, appendages and accommodations, and
grounds, of stone or gravel, for the purpose of building,
ballasting or repairing the same, or any of them, and the
rights of way to such grounds of stone or gravel, said com- power to cod-
pany are empowered to take, condemn and use or other- ^'',^° f*"J,a^. '""^
wise to lawfully obtain and use the same, respectively, un-
der the provisions of " An act to incorporate the Missis-
sippi Railroad Company," approved February, 15, 1855,
or under any of the laws of this state now in force or that
may hereafter be enacted in that behalf, and authorizing
the appropriation of lands for right of way for such pur-
pose.
§ 17. The rights of way and other real estate purchased .Property in fee
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 afore-
said, shall, upon due fulfillment by said company of the
conditions prescribed by law, to be by them performed or
observed, to entitle them to such property, also be held by
said company, in fee simple.
§ 18. The said company shall have power to borrow May borrow
money, on the credit of the company, at a rate of interest ™^'^'''^"
not exceeding ten per centum, per annum, payable semi-
annually, and may execute bonds therefor, with interest
coupons thereto annexed, and secure the payment of the payment of
same by mortgage or deed of trust, on the whole or any i>onds, secure,
part of said railway, property, income and franchises of
the conipany then existing or thereafter to be acquired, and
may annex to said mortgage bonds the privilege of convert-
ing the same into the capital stock of the said company, at
par, at the option of the holders, if such election be signi-
tied in writing to the company three years before the ma-
turity of said bonds.
92 RAILROAD COMPANIES — INCORPORATED.
May negotiate, § 19. The directoi's of Said corporation are hereby au-
bonds. f^thorized to negotiate and sell the bonds of the said cora-
Ipany, at such times and in such places, either within or
|, without this state, and at such rates and for such prices as
? will, in their opinion, best advance the interests of the said
^company; and if such bonds are so negotiated or sold at a
[discount below their par value, such sale shall be as valid
I and binding on the said company, in every respect, as if
Uhey were sold or disposed of at their par value.
Deed of trust; § 20. The Said company, in securing the payment of
meuTof^bon^s!' Said bouds by mortgage or deed of trust on the road, prop-
erty, income and franchises of said company, shall have
power to execute a mortgage or deed of trust, aforesaid, to
secure the payment of the full amount of bonds which the
company, at the time the said mortgage or deed of trust
bears date, or at any time thereafter, desired to sell and
dispose of, and may execute and sell, from time to time,
such amount of said bonds and of such dates and pa.yable to
such persons as the directors of said company may deem
advisable, till the whole amount of bonds mentioned in such
mortgage or deed of trust is executed and sold ; and the
said mortgage and deed of trust shall be as valid and effec-
tual 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 with said mort-
gage and deed of trust.
Intersections. | 21. Whenever it shall be necessary for the construc-
tion of said railway to intersect or cross the track of any
other railway, or stream of water or water course, road or
highway, on the route of said railway, it shall be lawful
for the company to construct their railway upon the same :
Provided^ that the said company shall restore the railway,
stream of water, water course, road or highway, thus inter-
sected or crossed, to its former state, or in a sufficient man-
cons^trnctionof ^er not materially to impair its usefulness : And.^ provided,
further, that for the purpose of extending said railway,
as authorized by section one (1) of this act, said corpora-
tion may construct and maintain a draw-bridge or such
other kind or form of bridge across the Illinois river as
shall be sufficient to subserve the purpose of said I'ailway,
and shall not materially obstruct the navigation of said
river.
penaiT/fon™"^' § -^^- ^^ ^^J pcrsou or porsous shall willfully or neg-
ligently do or cause to be done any act or acts, whatever,
whereby the said railway, or any part thereof, or any build-
ing, construction or work of said company, or any engine,
machine, structure or matter or thing appertaining to the
same, shall be stopped, obstructed, w^eakened, impaired, in-
jured or destroyed, the person or persons so offending
shall forfeit and pay to the said company treble the amount
of the damage sustained by reason of such offense, to be
EAILKOAD OOMPANIEa — INOORPOKATED. 93
recovered, with costs of suit, in the name of said company,
by action of debt, and such offender or offenders shall be
deemed guilty of a misdemeanor, and be subject to indict-
ment and punishment as in other cases.
§ 23. The said company is hereby authorized to unite May connect
or consolidate its railway, stock and property with that of '^^''^ "^^^"^ '■°«^'
any other railway company or companies whose line or
lines of road may intersect or connect by continuous lines
or at either terminus, or at the terminus of the extension
herein authorized, or which may be on or near the line
thereof, or it may purchase, lease, sell or make any ar- May purchase
raugement it may deem proper with any such railway com- roacls?^^ °^^^^
pany or with any other company whose line of road may
form a continuous line with the railway hereby authorized,
to or from either terminus ; and in the event of consolida-
tion, the companies so consolidating may take upon them-
selves any name and style of designation they may think
proper, and they shall be vested with all powers, privileges Piiviiegoe.
and franchises 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 op-
tion : Provided^ that this section shall not be so construed
as to allow any consolidation or arrangement with any oth-
er company wliich will divert the road herein authorized to
be built from the line herein contemplated.
§ 24. The said company may take and transport on said Propelling
railway any person or persons, merchandize or other prop- p°'"'^^-
erty, by whatever motive or propelling power and force it
may deem proper, and may fix, establish, take and receive
such reasonable rates of toll or freight for all passengers
and property transported upon the same, and for the stor-
age of merchandise and other property under their charge,
as the directors, from time to time, shall establish, and shall
have power to provide all necessary stock and materials for
the operation of said railway, and shall have power to erect
and maintain all necessary depots, stations, shops and other
buildings and machinery for the accommodation, operation
and management of said railway.
§ 25. The said company is hereby authorized to make preferred stock
and issue preferred stock, guaranteeing such a rate of in-
terest, not exceeding ten per cent, per annum, or with such
priority over the remaining stock of such company, in the
payment of dividends, as the directors of said corporation
may determine.
§ 26. Said company shall have power and they are construction of
hereby authorized to construct and maintaiu a railroad " °^'
bridge at any point on the Mississippi river, between the
said town of Hamburg and the city of Quincy, on said
river, to the western line of this state, with suitable ap-
proaches to such bridge, and all convenient appendages
and structures for the same , and said company shall have
94: RAILROAD COMPANIES — INCORPORATED,
May acquire power to acquire title to lands necessary for the construc-
tiue to lands, tion of Said bridge and approaches and the same power to
take materials from lands in the vipinity for the construc-
tion and maintenance thereof, and for such purposes shall
have and may exercise all the powers conferred by any of
the laws of this state now in force or which may may here-
after be enacted, for acquiring right of way for railroads,
public roads or other public uses, under which the said
company may take and acquire property heretofore taken
or acquired for such uses, as well as other propetry. And
said company or corporation may consolidate its property
ana franchises with the property and franchises of any cor-
poration or company in the state of Missouri, authorized by
Erect bridge the statc of Missouri, to construct a bridge across said Mis-
rirer.^^^^^^^"^^" sissippi Hver, and raay|connect therewith or may connect
their said bridge with that of any company or corporation
that may hereafter be organized under the laws of the state
of Missouri to erect a bridge across said river, and, for the
purpose of making such connection, the said company here-
by created may make and execute all such agreements as
it may deem expedient, and after such consolidation the
corporation created thereby shall have all the powers here-
in granted.
§ 27. This act is declared to be a public act, and sliall
take effect and be in force from and after its passage.
Approved April 19, 1869.
In force March AX ACT to incorporate the Macomb and New Philadelphia Railroad
23> l80y. Company.
Section 1, Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That Luther
Corporators. Johuson, Benjamin li. Sarapton, Jonathan H. Baker, Louis
H. Waters, Joseph Burton, Damon G. Tunnicliff, and
Charles H. Whittaker, and their associates, suscessors and
assigns, are hereby created a body corporate and politic, un-
Name and style dcr the nanic and style of "The Macomb and New Phila-
delphia Kailroad Company," with perpetual succession ;
Corporate i)ow- and, by that name and style, shall be capable, in law, of
^^^' taking, purchasing, holding, leasing, selling and conveying
estate and i^roperty whatever, real, personal or mixed, so
far as the same may be necessary for the purposes herein-
after mentioned, and no further; and, in their corporate
name, may sue and be sued, plead and be impleaded, in
all courts of law and equity whatsoever ; and may have and
use a common seal, and alter, change and renew the same
at pleasure ; and may have and exercise all powers, rights,
fiAILROAD COMPANIES — INCORPORATED. 95
privileges and iuimuuities which are or may be necessary
to carry into effect the purposes and objects of this act, as
the same are hereinafter set forth.
§ 2. TheMacomb and New Philadelphia Railroad Com- construction of
pany shall have full power and authority to locate and, ^°'"^'
iVoni time to time, alter, change, relocate, construct, recon-
struct and fully to finish, perfect, equip and maintain a
railroad, with one or more tracks, commencing at the city Route or road,
of Macomb, in the county of McDonongh, and state of Illi-
nois, running from thence, on the most eligible route, to the
town of New Philadelj^hia, in the county of McDonough,
and state aforesaid, and to transport, take and carry pro-
perty and persons upon said railroad, by power or force of
steam or of any mechanical or other power or combination
of them, which said company may choose to use or apply ;
and, for the purpose of constructing said railroad or way,
said company shall have authority and power to lay out,
designate and establish their road, in width not exceeding-
one liundred feet, through the entire line thereof ; and may condemn land,
take and apppropriate to their own use all such lands so de-
signated for the line and construction of said road, upon
first paying, or tendering therefor, such amount of damages
as shall have been settled by appraisal, in the manner here-
inafter provided, on all such lands as may be taken, or
upon any tracts which may be located by said company ; May take nnd
and for the purposes of cuttings and embankments and tor ra^iroid!'^'"' ^^^
the purpose of obtaining stone, sand and gravel, may take
and appropriate as much more of land as may be necessary
for the proper construction, maintenance and security of
said road ; and for constructing shops, depots and other
suitable, proper and convenient fixtures in connection with
and appertaining to said railroad, may take and have, use
and occupy any lands, upon either side of said railroad, not
exceeding two hundred feet in depth from said railroad —
said company taking all such lands as gifts or purchasing or
making satisfaction for the same, in the manner hereinafter
provided : Provided, that this section shall not be construed
to restrict or prevent the construction of public roads or
canals or railroads across the road of said company, when
deemed expedient, but so as not materially to impair or
obstruct the same.
§ 3. The said company, and under their direction, smveyandio-
their agents, servants and workmen, are hereby au- '^''*'°°''^'^°'^''"
thorized and empowered to enter into and upon the lauds
and grounds of or belonging to the state or to any person
or persons, bodies politic or corporate, and survey and take
levels of the same, or any part thereof; and to set out and
ascertain such parts as they shall think necessary and
proper for making said railroad, with one or more sets of
tracks or rails ; and for all the purposes connected with
said railroad for which the said corporation, by the last
96 KAILtiOAI) COMPANIES — ^INCOKPOKATED.
preceding section, is authorized to have, take and appro-
priate any lands, and to fell and cut down all timber and
other trees standing or being within one hundred feet on
Damages. eacli side of said line of said railroad — the damage occa-
sioned by the felling of such trees, unless otherwise settled,
to be assessed and paid in manner hereinafter provided
for assessing and paying damages for lands taken for the
Genei-ai powers, use of Said railroad company; and also to make, build,
erect and set up in and upon the route of said railroad or
upon the land adjoining or nearest the same, all such
works, ways, roads and conveyances as may be requisite
and convenient for the purpose of said rpjlroad ; and also,
from time to time, to alter, repair, amend, widen or enlarge
the same, or any of the conveniences above mentioned, as
well as for the carrying, conveying goods, commodities,
timber or other things to and upon the said railroad, as for
carrying all manner of materials necessary for the making,
erecting, furnishing, altering, repairing, amendiag or en-
larging the works of or connected with said railroad, and to
contract and agree with the owner or owners thereof for
timber, gravel stone or other materials or any article what-
ever which may be wanted in the construction or repairing
of said railroad or any of its appurtenances, they, the said
company doing as little damage as possible in the execu-
tion of the said powers hereby granted and making satis-
faction, in the manner hereinafter mentioned, for all dam-
ages to be sustained by the owners or occupiers of said
lands.
May receive § 4. The Said Company shall have power and authority
gills,, e c. ^^ receive, take and hold all such voluntary grants and do-
nations of lands and real estate for the purposes of said rail-
road as may or shall be made to said company, to aid in
the construction and maintenance and accommodation of
said railroad, and said company may contract and agree
Materials. vj[{\\ the owners and occupiers of any lands which said
company may wish to use or occupy, for the purpose of
procuring stone, sand, gravel or earth, or other materials,
to be used in embankments or otherwise, in or about the
construction, repairs or enjoyment of said railroad, or which
said company may wish to use or occupy in any manner or
for any purpose or purposes connected with said railroad
for which said company is empowered or authorized by this
act to take, have or appropriate any lands, and to receive
and to take grants and conveyances of any and all interests
and estates therein to them and their successors or assigns,
When owner iu fee or Otherwise: and in case said company cannot agree
with suca owner or occupiers oi such lands, as aioreeaid, so
as to procure the same by the voluntary deed or act of such
owners or occupiers, or if the owners or occupiers thereof,
or either or any of them, be a femme covert, infant, non
com])os mentis^ unknown, or out of the county in which the
minor, etc.
RAILROAD COMPANIES — INCORPORATED. 97
land or property wanted is situated, the same may be ta-
ken and paid for, if any damages are awarded, in the man-
ner provided by the general laws now in force or which
may hereafter be in force providing for the condemnation
of land for purposes of internal improvement.
§ 5. The capital stock of said company shall be one Amount capital
hundred thousand dollars, which may be increased, from *^^^
time to time, by a vote of a majority in interest of stock-
holders, at their annual meeting, or at any special meeting
that may be called for that purpose by the directors of said
company, to any sum not exceeding the entire amount ex-
pended on account of said road, which stock shall be divi-
ded into shares of one hundred dollars each, which shall be
deemed personal property, and may be issued, certified,
transferred and registered in such manner and at such
places as may be ordered and provided by the board of di-
rectors, who shall have power to require the payment of Payment,
stock subscribed in the manner and at the time and in such
sums as the}' may direct, and on the refusal or neglect on the •
part of stockholders, or any of them, to make payment on
the requisition of the board of directors, the shares of such
delinquents may, after thirty days' public notice, be sold at stock of deiin-
public auction, under such rules as the directors may adopt ; •i"^^'^' ^^'® °^-
and the surplus money, if any remains, after deducting the
payment due and to become due on said stock, with interest
and the necessary costs of sale, to be paid to the delinquent
stockholder. The board of directors herein named shall opeu books for
cause books to be opened for subscription to the capital ^" ^^"^ *°'^'
stock of said company, at such times and places and in such
manner as they shall direct : Provided, that as soon as ten
thousand dollars of bona fide subscription shall be made
to said capital and five per cent, thereon paid, it shall be
lawful for said company to elect a board of directors, not
less than five nor more than nine in number, who shall
hold their office for one year and until their successors
shall be elected and enter upon the duties of their ofiice.
The first election of directors shall be held in the said city First election
of Macomb, thirty days' notice thereof first being given by °^ i^irectors.
said commissioners in some newspaper published in said
county of McDonough, and subsequent elections shall be
held in such manner as the directors shall by their by-laws
direct,
§ 6. At any election held for directors, each share of vote of tho
stock shall be entitled to one vote, to be given either in '^°^ °
person or by proxy ; and the person receiving the largest
number of votes to be declared duly elected, and to hold
their ofiice until the next annual election and until their
successors are elected and qualified. All elections for di-
rectors to be conducted by three judges selected by the
stockholders present.
Vol. III-13
98
RAILROAD COMPANIES — INCORPORATED.
OrsanizatioD.
Machinery, etc.
Rules for goT-
ernment.
Transportation.
Intsreeotions.
DivdendB.
Injury to read,
penalty lor.
§ 7. After the directors are elected, they shall organiza
the board, by electing one of their number president and by
appointing a secretary and treasurer.
8. Said company shall have power to purchase, with
the funds of the company, and contract for and place on
the railroad hereby authorized to be constructed, all mate-
rials, wagons, carriages and vehicles, of any description,
which they may deem necessary and proper for the pur-
poses of transportation on said railroad ; and they shall
have power to charge for tolls and transportation and rates
of fare such sums as shall be lawfully established by the
by laws of said company.
§ 9. Said company shall have power to make, ordain
and establish all such by-laws, rules and reg:nlations 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 affairs, business and interests
of said company : Provided^ that the same be not repug-
nant to the constitution and laws of the United States or of
this state.
§ 10. The said board of directors shall have power to
regulate the manner of transportation of persons and pro-
perty, the width of track, the construction of wheels, the
form and size of cars, the weight of loads and all other mat-
ters and things respecting the use of said road and the
conveyance and transportation of persons and property
thereon.
§ 11. When it shall be necessary for the construction
of said railroad to intersect or cross a track of any other
railroad, or any stream of water or water course or road or
highway lying on the route of said railroad, it shall be law-
ful for the company to construct their railroad across or
upon the same: Provided, that said company shall restore
the railroad, stream of water, water course, road or high-
way thus intersected or crossed, to its former state or in a
sufHcient manner not materially to impair its usefulness.
§ 12. The said company shall, annually or semi-annually,
make such dividends as they shall deem proper of the net
profits, receipts or income of said company among the
stockholders therein, in proper porportion to their respective
shares.
§ 13. If any person shall do or cause to be done, or aid
in doing or causing to be done, any act whatever whereby
any building or constrnction or work of said company, or
any engine, machiue or structure, or any matter or thing
appertaining to the same, shall be stopped or obstructed,
impaired or weakened, injured or destroyed, the person or
persujiB so offending shall be guilty of a misdemeanor, and
may be punished, upon conviction, by fine, in any sum not
exceeding one thousand dollars, or be imprisoned not ex-
ceeding jive yeare, or both, at the discretion of the court ;
RAILROAD COMPANIES — iKCORPOIlAtfiD. 99
and shall forfeit and pay to said corporation treble the
amount of damages sustained by reason of such offense or
injury, to be recovered in the name of said company, with
costs of suit, in an action of trespass, before any justice of
the peace of this state or before any court having jurisdic-
tion thereof. Said company shall have power to unite its May unite with
railroad with any other railroad now constructed or which "tber road^.
may hereafter be constructed to the said city of Macomb or
the said town cf New Philadelphia, 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 contracts with any
other company as will secure the objects of such con-
nection.
§ 5. Said company is hereby authorized to borrow, May borrow
from time to time, such sum or sums of money as may be ™°^°y-
necessary for completing and furnishing or operating their
said railroad, and to issue and dispose of their bonds in de-
nominations of not less than five hundred dollars, for any
amount so borrowed, and to mortgage their corporate pro-
perty to secure the payment of any debt contracted by said
company for the pnrposes aforesaid ; and the directors of said Bonds may be
company may confer on any bondholder of any bond issued capuafytock"'**
for money borrowed, as aforesaid, the right to convert the
principal due or owing thereon into stocks of said company,
at any time, not exceeding ten years from the date of the
bonds, under such regulations as the directors of said com-
pany may see fit to adopt.
§ 15. The said company hereby chartered shall be re- Timeof com.
quired to construct and operate their said road, throughout "^*°'^^°^s"'-
the entire length thereof, according to the terms of this
charter, within ten years after the work shall have been
commenced thereon, and upon a failure so to do shall for-
feit all rights and privileges, tracks contemplated and work
done upon said road : Provided, the work shall be com-
menced on said road within six years after the passage of
this act.
§ IG. This act shall be deemed and taken as a public when aot to
act, and shall be in force from and after its passage. take effect.
§ 17. The said company hereby created be and are Extend road?.
hereby authorized to extend their said railroad from Ma-
comb to a point opposite or at the city of Keokuk, in the
state of Iowa, on the most eligible route ; and, for the pur-
pose of said extension, said company are hereby declared
to possess all the powers and be subject to all the restric-
tions contained in this act ; and, for the purposes of said ex- lucrjasecf cap-
tension, said company are hereby authorized to increase '"^' *'°'^'''
their capital stock to such amount as may be necessary to
complete such extension, under the same provisions and
regulations, as herein provided, for the increase of the capi-
tal stock of said company.
tton.
100 EAILEOAD COMPANIES — INCORrOJRATED.
Articles ofiered § 18. Said Corporation shall transport fire-wood and
for transporta- £^g|^ ^^ QyQrj description, ovcr its railroad, whenever the
same shall be offered for transportation, at rates as low as
the rates said company shall charge for the transportation
of other freights of a similar class.
Approved March 29, 1869.
In force Marcli AN ACT to incorporate the Marine Railroad Company.
30, 1869.
Section 1. Be it enacted ly the People of the State of
Illinois^ represented in the General Asseinhly^ That Henry
(;orporators, C. Gerke, Xaver Suter, Henry A. Janett, Frederick Tie-
mann, Curtis Blakeman, August Versen, William Blancke,
John Ellison, John Weber, Henry Schmidt, John Neu-
decker, and Henry Elbring, and their associates, succes-
sors, heirs and assigns, are hereby created a body politic
Name and style, ^"d Corporate, by the name and style of "The Marine
Railroad Company," with perpetual succession ; " and, by
Corporate pow- ^^^^ name, be and are hereby made capable, in law and
eis. equity, to sue and be sued, plead and be impleaded, de-
fend and be defended, in all courts of law and equity in
this state or elsewhere ; to have and use a common seal,
and the same to alter and renew at pleasure ; and shall
be and are hereby vested with all powers and privileges and
immunities which are or may be necessary to carry into ef-
fect the purposes and objects of this act, as hereinafter set
objecfsof the forth ; and said company are hereby authorized and em-
corporat.on. powered to locate, construct and complete a railroad, with
one or more tracks, from the town of Marine, Madison
county, state of Illinois, to connect, at a convenient point,
with the St. Louis, Vandalia and Terre Haute Railroad, or
any other railroad built or to be built.
Propelling § 2, Said Marine Railroad Company shall have author-
power. jj.^ j.^ transport, take and carry persons and property upon
said railroad, by power or force of steam or animals or an}'
mechanical or other power or a combination of them, which
said company may choose to apply. And for the purpose
of constructing said railroad, said company shall have au-
thority to lay out, designate and establish their road, in
width not exceeding one hundred feet, through the entire
Private prop- line tlicreof *, and may take and appropriate to their own
ken. ^^^ ^'""^' "se all such lands so designated for the line and construc-
tion of said road, upon first paying or tendering therefor
the amount of damages, as shall be settled by appraisal, in
the manner provided for by the general 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
RAILKOAt) COMPANIES — INCOEPORATED. lOl
piil'poae of cuttings and embankments, and of obtaining
Btone and gravel, may take and appropriate as much more
land as may be necessary for side tracks, engine houses
and all other purposes necessary for the proper construc-
tion, maintenance and construction of said road.
§ 3. The said company shall have full power and au- surveys and
thority to enter upon any lands of the state, or of any indi- examiDauonB.
vidua! or bodies politic and corporate, and, by their ser-
vants and agents, to make the necessary surveys for the
location and construction of said road and also for procuring
the necessary sand, gravel, stone, timber and other mate-
rial necessary for the construction, use and maintenance of
said road and its appurtenances, upon the land so appro
priated, and to be used for that purpose.
§ 4, In estimating the damages for the right of way or Right of way.
other right claimed under this act, the commissioners or
jury may take into consideration the benefits to be de-
rived by the owner or occupier from the construction and
operation of said road, in pursuance to the constitution and
laws of this state.
§ 5. The above named persons, or a majority of them, First board of
shall constitute the first board of directors of said company, ^^'rectora.
one of whom shall be elected president of the board. The
first meeting of the board of directors shall be held in the
town of Marine, and the subsequent meetings at such
times and places as may be provided by the company. Said
incorporators or directors shall hold their ofiices until their
successors are elected and qualified. An election shall be Election of
held every year after the first election for the officers of ^^'■*<='°"-
the company, who shall hold their offices for one year. The
directors, a quorum of which be sufficient to do business,
shall prescribe the time and place of elections of directors,
the number of directors to be voted for, a president, secre- Election of osa-
tary, treasurer and other officers of the company, and the
qualifications of those voting and to be voted for.
§ 6. The said company shall have power to make, or- Rules for goT-
dain and establish such by-laws, rules and regulations, for ^'°'"^" •
the government of the afl'airs of said company, as may be
deemed proper and not inconsistent with the constitution of
this state and the United States.
§ 7. Said company shall have power to regulate the Transiwriation.
tolls, charges and rates for the transportation of freights
and passengers upon said road, and they may change the
same at pleasure.
S 9. The said company is authorized to borrow such May 'borrow
° f \ i. J. I. money.
sum or sums ot money as may be necessary to construct
and operate its road, and to issue and dispose of its bonds
in such denominations and at such rate of interest or dis-
count and in such form and upon such terms and condi-
tions as to them shall seem best for effecting the speedy
102 EAILROAD COMPANIES — INdOEPOEATED.
completion of said road and the carrying on of the business
herein authorized.
Amouut capital § 9. The Capital stock of said company shall consist of
stock, Qj^g hundred thousand dollars, which may be increased to
an amount not exceeding the actual estimated cost of con-
structing said road and operating said business. The capi-
tal stock shall be divided into shares of one hundred dol-
lars 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 the company, which
shall also prescribe and provide the time and manner in
which all subscriptions of stock may be made and paid ;
Collection of and may authorize and conduct all actions and suits at law or
be^^iSlrced?^ ^° ill equity for the recovery of such subscription, or install-
ments or portions thereof, as it may deem necessary; and
may, in addition thereto, declare all stock upon which any in-
stallment is due and unpaid, forfeited, and the same be trans-
ferred to the company or subseqirent purchaser thereof — it
being incumbent on the company to make reasonable exer-
tions to notify the respective parties before said forfeiture
takes place.
May unite with §10. The Company hereby incorporated may make any
other roads. 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 company, or combination of persons, with
whom it may be desirable to form such connections ; is
hereby authorized and empowered to make all arrange-
ments as to it may seem expedient for the consummation
of such object, anything seemingly conflicting in this char-
Name and style, ter notwithstanding; and the said companies, when com-
bined, may assume any name or style of designation they
may think proper, and shall be vested with the same pow-
ers that each or both of them had prior to their combina-
tion.
stockholders' § H- No Stockholder shall be held liable for the debts
lability. qj. other liabilities of the company'-, beyond the amount of
stock for which he or she may have subscribed.
Time of com- § 12. WJicnever, in the opinion of the board of direct-
^mpietiifn '^o^f ors, a suflicient amount of capital stock has been subscribed,
road. j;j^g work on Said road may be commenced, and prosecuted
to its final completion as fast as the means of the company
will permit.
J^nspnrtation § 13. Said Corporation shall transport fire-wood and
^ ■ fuel, of every description, over its railroad, whenever the
same shall be offered for transportation, at rates as low as
the rates said company shall charge for the transportation
of other freights of a similar class.
§ 14. This act shall be deemed a public act, and is here-
by so declared, and shall b« favorably construed for all pur-
KAILROAJ) COMPANIES — INCORPORATED. 103
poses herein expressed and declared, in all the courts and
places whatsoever, and shall be in force from and after its
passage.
Appkoved March 30, 1869.
AN ACT to incorporate the Marseilles and Streator Railroad Company. Ic force March
Section 1. Be it enacted hy the Peojjle of the State of
Illinois, represented in the General Assembly, That Isaac corporators.
Underhill, Eoderick Clark, Oran.^e W. Yonnp;, James F.
Bradbrook, Wm. B. rhillips, David Straun, Ralph Plumb,
Oliver Young, and Jacob P. Black, and their associates,
successors and assigns, be and they are hereby created a
body politic and corporate, by the name of " The Marseilles Name and style.
and Streator Railroad Company," with perpetual succes-
sion, and by that name be and are hereby made capable,
inlaw and equity, of suing and being sued, pleading and
being impleaded, defending and being defended, in any
court of law or equity in this state or elsewhere ; and may
make, have and use a common seal, and alter the same at
pleasure ; and shall be and are hereby invested with all
powers and privileges and immunities incident to corpora-
tions, for the purposes hereinafter mentioned.
§ 2. Said company are hereby authorized and em- constrnctonof
powered to locate, and, from time to time, to alter, and™^"''
change, relocate, construct, reconstruct and fully finish,
perfect, equip and maintain a railway, with one or more
tracks, from the town of Marseilles, in the county of La- Routs of ro.ad.
Salle, to the town of Streator, in said county, by such route
as the directors of said company may deem most feasible
and eligible ; and, for this purpose, said company is au-
thorized to lay out and construct said road, in width not
exceeding one hundred feet, throughout its whole length ;
and, for the purpose of cuttings, embankments and obtain-
ing stone, sand and gravel, and for constructing and erec-
ting shops, depots and other suitable, proper and conve-
nient fixtures in connection with and appurtenant to said
railway and all necessary and proper uses, may take as
much more land as may be needed for the construction,
operation and security of said road.
§ 3. The said corporation is hereby authorized, by their gxa'^natlont"^
agents, surveyors and engineers, to cause such examination
and surveys to be made of the grounds and the country as
shall be necessary to determine the most desirable route
whereon to construct their said railroad; and it shall be Condemn land,
lawful for said company to enter upon and take possession
of and use all snch lands and real estate as will or may be
lOi: SAILSOAD C0MPAIIIE8 — INOOBPORATED.
necessary for the construction and maintenance of the said
railroad, its depots, sidetracks, water stations and engine
houses, machine shops and other buildings and appendages,
necessary to the construction of said railroad : Frovided,
that the lands or real estate entered upon and taken pos-
session of by said company or 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 company, shall be paid for by said company in dama-
ges, if any be sustained by the owner or owners thereof by
Compensation the usG of the Same for the purposes of said railroad ; and
all lands entered upon and taken for use of said corpora-
tion, which are not donated to said company, shall be paid
for by said corporation at such times 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 pro-
vided for taking lands for the construction of public roads,
canals or other public works as provided by the general
laws now in force or which may hereafter be in force pro-
viding for the condemnation of land for purposes of internal
improvement.
Amount of cap- § 4. The Capital stock of said company shall be five
hundred thousand dollars, which may hereafter be increased
by a vote of the majority of the directors of said company to
any sum necessary for the completion and fulfilment of the
objects and purposes of the corporation hereby created.
Said capital stock shall be divided into shares of one hun-
dred dollars each, which shares shall be deemed personal
property, and shall be transferable only in such manner
and upon such terms as shall be prescribed by the by-
open books for 1^1 >V3 of Said Company. The persons named in the first
siib*cnptioD. section of this act are hereby appointed as commissioners
for receiving subscriptions to the capital stock df the cor-
poration, who, or a majority of them, are hereby authorized
to cause books to be opened at such times and places as
they may deem proper, for receiving subscriptions to the
capital stock of said corporation. Notice of the time and
places when and where the books are to be opened shall
be given by publication for at least thirty days previous to
the opening of the same in such newspaper or newspapers
as shall be selected for that purpose by said commissioners.
On opening said books, said commissioners shall attend in
person, or by agents, and continue to receive subscriptions
to said capital stock until the sum of thirty thousand dol-
Paymentofpro- ^^^^ thereof shall have been subscribed. Each subscriber
portion. shall, at the time of subscription, pay to the commissioners
the sum of five dollars on each share of stock subscribed for
by him ; and the commissioners shall, so soon as the direc-
tors of said corporation shall have been elected, deliver to
them the whole amount so received and also all subscrip-
RAILROAD 00MPANIE8 — INCORPORATED. 105
tion books and papers belong^ing to said company. A vacaacies.ho^
majority of said cuimaissioners may fill any vacancies that
may occur in their number, by death, resignation or other-
wise.
§ 5. All the corporate powers of said company sliall be corporate pow-
vested in and exercised by a board of nine directors, who ^'^^'
shall be chusen by the stockholders ot said company in the Board of direc-
manner hereinafter provided, and who shall hold their of- ^''""
iices for one year, and until their successors shall be elected
and qualified ; and saii directors, a majority of whom shall Quomm to do
form a quorum for the tiansaction of business, shall elect ^°^"'®^*-
by ballot, from among themselves, a pret-ident and vice-
president, and shall have power to appoint a secretary,
treasurer and other officers deemed necessary for the trans-
action of the business of said company, and mav require
such officers to give security for the faithful performance of
the duties of their office as the company, by its by-laws,
may require. Said directors shall, also, have power to Rniesforgov-
make all such rules, by-laws and regulations as they may "°'^®"'-
deem necessary and expedient to accomplish the designs
and purposes and to carry into efiect the provisions of this
act for the transfer and assignment of the capital stock and
prescribing the duties of officers, artificers and servants, that
may be employed, and for the appointment ot all ofiicers to
carry on the business, within the objects and purposes of
said company, not inconsistent with the laws of this state.
§ 6. The first election for directors shall be holdeu as soon First section
as may be after the said thirty thousand dollars of stock ot directors
shall have been subscribed. The commissioners shall give
notice of the time and place at which a meeting of the
stockholders will be held for the choice of directors, by the
publication in a newspaper published in any one or more
of the towns on the route ot the said railroad, as thc!y may
deem proper, at least thirty days before the day set fur such
organization. At the time and place appointed f )r that inspectors of
purpose the commissioners, or a majority of them, shall at- *'*''^''*^"-
tend and act as inspectors of said election. The stockhold-
ers who shall be present shall proceed to elect, by ballot,
nine directors, and the commissioners present shall certify
to the result of said election, under their liands, which cer-
tificate shall be recorded in the books of the corporation,
and shall be sufficient evidence of the election of the direc-
tors therein named. All future elections shall be held at
the times and places and in the manner prescribed by the
by-laws and regulations of said corporation. Each stock- who enutied
holder shall be entitled to vote, in person or by proxy, one *°'"''^-
vote for every share of stock he or she may hold, Bona Jlde,
upon which all installments called and due have been paid;
and a plurality of votes at any election shall determine
the ch(»ice. But no stockhoLJer shall be all. wed to vote
at any election after the first for any stock which shall
Vol. Ill— U
106 RAILROAD COMPANIES — INCOBPORATBD.
have been assigned to him within thirty days previous to
holdincf such election.
whenstocknot § 7. The board of directors shall have power and are
op^u'^booka. ^^" required to reopen the books to hli up the capital stoeii of
said company, and shall continue to receive subscriptions
therefor until the whole amount of said capital (not sub-
scribed before said commissioners) shall have been taken,
and shall also receive subscriptions to the additional capital
stock of said company, should the same be increased by
the directors, pursuant to the authority herein given, at
such time and places as the directors may deem expedient.
Payments. And all subscriptions to the stock of said company shall be
paid at such times and in such amounts and on such con-
ditions as said directors may prescribe, under the penalty
of the forfeiture of the stock and all previous payments
thereon ; and they shall give notice of the payments then
required and of the place where and of the time when said
payments shall be required to be made, by publication in
such newspaper and for such time as said directors shall
determine.
vacandesihow § 6. In case of death, resignation or removal of the
filled. president, vice-president or any director, at any time be-
fore the annual election, such vacancy shall be tilled for the
remainder of the year wherein it may happen by the board
Absence of the of directors ; and in case of the absence of the president
presideEt. ^^^^ vice-presidcnt, the board of directors shall have power
to appoint a president, pro tempore^ who shall have and
exercise such powers and functions as the by-laws of the
said company may provide. In case it should at any time
happen that an election should not be made on any day on
which in pursuance of this act it ought to be made, the cor-
poration shall not for that cause, be deemed dissolved, but
such election shall be held at anytime directed by the by-
laws of said corporation.
Towns and §9. Any incorporated City, towu or county, on or near
stick. """^ ^''^^'^ the line of said railway, may subscribe to the capital stock
of said company any sum not exceeding one hundred thous-
and dollars, and may issue bonds, in denominations of not
, less than one hundred dollars, bearing interest at the rate
not exceeding ten per centum, per annum, payable annually,
which bonds may run any period, not exceeding twenty
years, to be determined on by the county court, board of
supervisors, city council, town iriistees or other proper au-
submitted o thority issuiug said bonds: Frovided^ that betore said
legal voters. g^^ck "'shall be subscribcd, an election shall beheld in con-
formity with the laws in regard to ordering city, county or
town elections — thirty days' notice having been given and
returns to be made in the usual way — at which election a
majority of the lej^al voters, voting on that question, shall
have voted in favor of said subsciiption, and, to this end,
the county court, board of supervisors, city council, town
BAILKOAD OOMPANIES — INOOKPORATED. 107
trustees or other proper authority may, from time to time,
order elections specityiiig the aniount propused to be sub-
scribed ; and such city, town, or county is hereby autho-
rized and required to issue and levy a sufficient tax to pay
the interest accruing on such bonds and the principal of the
same when due, which tax shall be assessed, levied and
collected in the same manner as other taxes are by law re-
quired to be assessed, levied and collected.
§ 10. Any township under township organization, on Townships may
or near the line of the said railroad, may, also, subscribe to ^^'^^ '*'°'=^-
the capital stock of said company, in any sum not exceed-
ing one hundred thousand dollars ; but no such subscrip-
tion shall be made until the question has been submitted le^a/votMs^ *°
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 tax
payers of the township for which he is clerk, in which pe-
tition the amount proposed to be subscribed shall be stated,
to post up notices in at least three of the most public Notice of eiec
places in said town, which notices shall be posted not less ^°"'
than thirty days before the day of holding such election,
notifying the legal voters of said township to meet at the
usual places of voting in said township, for the purpose of
voting for or against such subscription ; which election
shall be held and conducted in the manner provided by law
for the election of town officers.
§ 11. If it shall appear that a majority of all the voters supervisor to
voting on that question have voted for subscription, it ^^^g* subscnp-
shall be the duty of the supervisors of each of said town-
ships that shall vote fur such subscription to subscribe to
the capital stock of said railway company, in the name of
the township for which he is supervisor, the amount so
voted to be subscribed, and to receive from Sriid company
the proper certitieates therefor; he shall, also, execute and issue bonds.
deliver to said company, in the name of said township,
bonds, bearing interest not to exceed ten per centum per
annum, which bonds shall run for a term not exceeding
twenty years, and the interest on the same shall be made
payable annually, and which bonds shall be attested by
the clerk of the township in whose name the bonds are is-
sued, and it shall be his duty to make a record of the issu-
ing of said bonds.
§ 12. It shall be the duty of the clerk of each of said D^tyof ciork.
townships in which a vote shall have been given for sub-
scription, within ten days thereafter, to transmit to the county
clerk of the county a transcript or statement of the vote
given and the amount voted to be subscribed and the rate
of interest named in the bonds.
§ 13. It shall be the duty of the county clerk, annually ^^I'^^^^l^^^
thereafter, to compute and assess upon all the taxal)le proper-
108 EAILROAD COMPANIES — mCOEPOKATED.
tj returned by the assessor of each ot* said townships which
have voted to subscribe, a sufficient sum to pay the inter-
est on all bonds issued by the respective towns, which tax
shall be extended upon the collector's books as other taxes
are, and the same 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.
Duties of the § li. It shall be the duty of the treasurer of such coun-
ties in which townships have voted for said railway sub-
ecription to payout, on the presentation to him of the bonds
issued by any township, as aforesaid, the amount due upon
each of said bonds, as interest, out of any money in his
hands for that purpose, and indorse the amount of [layment
upon said bonds or take such voucher as he may prescribe ;
inspecUon of he shall, also, keep an account with each township of all
money received and paid by him on account of said town-
ships, which account shall, at all times, be open to in-
spection by all persons wishing to examine the same.
Datj of super- § 15, At all elections of officers, and on all questions
voted upon by the stockholders of said company, the super-
visor of the township or townihips who may subscribe to
the stock of said company, shall represent and cast the
vote which said stock is entitled to, in person or by lawful
proxy ; and in case the supervisor is absent or unable to
act and has not appointed a person to act as proxy, then
the township clerk shall be vested with the same powers
as are herein given to the supervisor.
Furchaae, hold § 16. The Said Corporation is hereby empowered to
esilteT^^^ ^^^^ purchase, receive and hold such real estate as may be nec-
essary and convenient in accomplishing the objects for
which this incorporation is granted ; and 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 conditions prescribed
by law to be by them performed or observed to entitle
them to such property, also be held by said company in
fee simple.
May borrow § 17. The Said Company shall have power to borrow
money. money, on th3 credit of the company, at a rate of interest
not exceeding ten per centum per annum, payable semi-
issne bonds. annually, and may execute bonds therefor, with interest
coupons attached thereto, and secure the payment of the
same by mortgage on the whole or any part of said rail-
road property, income and franchises of the company then
existing or thereafter to be acquirc^d ; and may annex to
said mortg;.ige bonds the privilege of converting the same
into the capital i~tock of said company, at pai\ at the op-
tion of the holders, if such election be signified to the
BAILEOAD OOMPiLNIEB INOOKPORATED. 109
company ia writing three years betbre tlie maturity of said
bonds.
§ 18. The directors of said corporation are hereby au- May sell bond
thorized to negotiate and sell the bonds of the said com-
pany at such timed and in such places, either witliin or
without this state, and at such ratus and for such prices as
will, in their opinion, best advauce the interests of the
said c >mpany ; and if said bonds are Su negotiated or sold
at a discount below the r par vahie such sale shall be as
valid and binding on the said company, in every respect,
as if they were sold ov disposed ot at their par vulue.
§ 19. The said company, in securing the payment of security for
such bonds by mortgage on the road property, income and ^'^'^^^ issued.
franchises of said company, shall have power to execute a
mortgage, aforesaid, to secure the payment of the full
amount of the bonds which the company, at the time the
said mortgage bears date or at any time thereafter, desired
to sell or dispose of, and may execute and sell, from time
to time, such amount of said bonds and of such dates and
payable to such persons as the directors of said company
may deem desirable, till the whole amount of bonds men-
tioned in such mortgage is executed and sold ; and the
said mortgage shall be as valid and effectual to secure the
payment of the bonds so executed and sold and every part
thereof as if the same and every part had been executed
with even date with said mortgage.
^ 20. Whenever it shall be necessary for the construe- «, .
."^.,., . •', 1 . Crossings, etc
tiou of said railway to intersect or cross the track ot any
other railway or stream of water or water course, road or
highway, on the route of said railway, it shall be lawful for
the said company to construct their railway upon or over
the same : Provided^ that the said company shall restore
the railway, stream of water, water course, road oj* high-
way, thus intersected or crossed, to its former state, or in a
sufficient manner not materially to impair its usefulness :
And "provided^ fiiriher^ that said corporation may con-
struct and maintain such kind and form of bridge across
the Illinois river as shall not materially obstruct the navi-
gation of said river and shall be sufficient to subserve the
purposes of said railway.
§ 21. If any person or persons shall willfully or negli- pgn^u/ior'^"*"^'
gently do or cause to be done any act or acts whatever
whereby the said railway or any part thereof or any build-
ing, construoture or work of said company, or any engine,
machine, structure or matter or thing appertaining to the
same shall be stopped, o!)strncted, sveakeued or impaired,
injured or destroyed, the person or persons so offendinjjj
shall forfeit and pay to the said company treble the amount
of the damages sustained by reason of such offenses, to be
recovered, with costs of suit, in the name of said com-
pany, by action of debt, and such ofiender or offenders
110 BAILEOAD COMPANIES — INOOKPOJBATED.
shall be deemed guilty of a misdemeanor, and be subject
to indictment, and punished as in other cases.
Consolidation § 22. The Said companj is hereby authorized, by and
of railroads. ^j^^ ^j^g coHsent of the owDcrs of three-fourths of the cap-
itiJ stock of said company, to unite or consolidate its rail-
way stock and property with that of any other company or
companies whose line or lines of road may intersect or
connect by continuous lines or at either terminus or which
may be on or near the line thereof, or it may purchase,
lease, sell or make any arrangement it may deem proper
with any such railway company or with any other com-
pany whose line of road may form a continuous line with
the railway hereby authorized to or from either terminus,
Nameand style, and, in the Bveut of Consolidation, the companies so con-
solidating may take upon themselves any name and style
of designation they may think proper, and they shall be
vested with all powers, privileges and franchises of each
or both or all of the companies, and may borrow money,
upon mortgage upon the property of one or all of said
companies, at their option : Provided^ that this section
shall not be so construed as to allow any consolidation or
arrangement with any other company which will materi-
ally divert the road herein authorized to be built from the
line herein contemplated.
Propelling § 23. The Said company may take and transport on
power of road. ^^^^ railway any person or persons, merchandise or other
property, by whatever motive or .propelling power and
force it may deem proper, and may fix, establish, take and
Transportation fcceive such ratcs of toll or freight for all passengers and
Rates, et;. property transported upon the same and for the storage of
merchandise and other property under their charge, as the
directors, from time to time, siiall establish, and shall have
power to provide all necessary stock and materials for the
operation of said railway, and sliall have power to erect
and maintain all necessary depots, stations, shops and
other buildings and machinery, for the accommodation,
operation and management of said rcailway.
Articles offered § 2-i. Said Corporation shall transport fire-wood and
for transporta- pi,. ,■■•.,. . m i i i
rion. luel ot every description over its railroad, whenever tne
same sliall be ofiered for trans])nrtation, at rates as low as
the rates said companj^ shall charge for the transportation
of other freights of a similar class.
§ 25. This act shall be deemed a public act, and shall
be favorably construed for all purposes herein expressed
and declared, and shall be in force from and after its pas-
sage.
Approved March 27, 1869.
RAILROAD COMPANIES — INCORPORATED. HI
AN ACT. to incorporate the Mendon Railroad Coinpanv. In force March
1], 1869.
Section 1. Be it enacted hy the People of the ^tate of
Illinois^ represented in the General Assembly, That Samuel corporators.
K. Chittenden, Abram Beuton and Samuel H. Bradley
bo and they are hereby created a body corporate and poli-
tic, by the name and style of "The Mendon Railroad Name sndetyie.
Company ; " and, by that name and style, u^^j sue and be
sued, plead and be impleaded, defend and be defended, in
all courts and places; and may have and use a common
seal, which they may alter and renew at pleasure. The Amount capital
capital stock of said company shall be one hundred thou-*"' '
sand dollars, with the privilege of increasing to two hun-
dred thousand dollars, to be divided into shares of one
hundred dollars each; and whenever fifty thousand dollars
shall have been subscribed to the stock of said company,
said company may proceed to the location and construction construction of
of a railroad from Mendon, in Adams county, to any point '^"^'^^"
on the Chicago, Burlington and Quincy Railroad, at any
point at or west of Fowler Station, and to operate the same
by steam or horse power; and may condemn the right of Rigbt of way.
way in the manner provided by the general laws of this
state now in force or which may hereafter be enacted, pro-
viding for the condemnation of lands for purposes of inter-
nal improvement, and may locate the same over, along,
across or upon any public road between said points. The May borrow
said company may borrow money, and mortgage its pro- ™^'^«>'-
perty and franchises to secure the same; and, in the loca-
tion, construction and operation of said road, shall have all
the powers usual to railroad companies. Said company
may lay down upon said road tram rails, and plank or mac
adam between said rails, and for two feet each side thereof,
and allow the same to be used as a road for common vehi-
cles, under such rules as the directors shall prescribe, and Eateeof tou.
charge therefor reasonable tolls, to be regulated by the
town council of Mendon. Said incorporators shall be di-
rectors of said company for one year, and until their suc-
cessors are elected and qualified ; one of whom shall be
president. Said company may pass any by-laws not incon-
sistent with the laws of this state, and may provide for the
election of otiicers and appointment of agents of said com-
pany.
§ 2. This act shall be a public act, and shall take ejQfect
from and after its passage.
Ai'PKovKi) March 11, 1869.
n'2
RAILROAD COMi ANIE8 INOOEPORATED.
[n force March
13, 18U9.
Corporators.
Name and style.
Corporate paw-
ers.
Route of road.
Amount capital
Btock.
Business man-
aged by direc-
tors.
AN ACT to incorporate the Mendota, Paxton and Danville Railroad Com-
pany.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That Absa-
lom B, Moore, Dwight F. Cameron, William Reddick, of
the city of Ottawa, and D. A. Cook and L. JB. Crooker, of
the city of Mendota, in LaSalle county, S. S. Morgan and
John McWilliams, of Livingston county, and William H.
Pells, David Patt>n, of Paxton, Ford county, and John L.
Tincher and Daniel Clapp, of Danville, Illinois, and their
associates, successors and assigns, are hereby created a body
corporate and pulitic, under the name and style of "The
Mendota, Paxton and Danville Railroad Comp;-my," for
the term of eighty yeais ; and, by that name, may be and
are hereby 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 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 immunities which
are or may be liecessary to carry into effect the purposes
and objects of this act, as hereinafter set forth; and the
said Company are hereby authorized and empowered to
locate, construct and finally cora[)lete a railroad from the
city of Mendota, in LaSalle county, to the town of Dan-
ville, in Yei'inilion county, by the way of the city of Ottawa,
in LaSalle count)', and the town of Odell, in Livingston
county, and by Paxton, in Ford county, by the most direct
and eligible route; and, for this purpose, said compar^y are
authorized, upon the most eligible and direct route, to lay
out their said railroad, wide enough for a single or a double
track, through the whole length ; and, for the purpose of
cuttings, embankments, stone and gravel, may take as much
more land as may be necessary for the proper construction
of and security of said railroad.
§ 2. The capital stock of said company shall consipt of
one million of dollars, and may be increased to two millions
of dollars, to be divided into shares of one hundred dollars
each. The immediate government and direction of said
company shall be vested in eleven directors, who shall be
chosen by the stockholders of said company, iu the manner
hereinafter provided, who shall hold their offices for one
year after their election, and until otiiers shall be duly
elected and qualified to take their place 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 tu l)e the president of the company ; that said
board of directors shall have power to appoint all necessary
clerks, secretary and other officers necessary in the trans-
action of the business of said company.
RAILROAD COMPANIES — INCORPORATED. Il3
S 3. The said corporation is hereby authorized, by their smveys and
", f. ,- \ • 4.- examinations.
agents, surveyors and engineers, to cause such examination
and surveys to be made of the ground and country between
the said several j)oints and places hereinbefore indicated,
as shall be necessary to determine the most advantageous
route for the proper line or course whereon to construct
their said railroad; and it shall be lawful for said company May take landu.
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 : Provided, that all
lands or real estate entered upon or taken possession of
and used by said corporation, for the purposes and accom-
modations of said railroad, or upon which the site of said
railroad shall have been located or determined by the said
corporation, shall be paid for by said company in damages,
if any be sustained by the owner or owners thereof by the
use of the same for the purposes of said railroad; and all compensation
the lands entered upon and taken for the use of said corpo- ^o^"''''^'^-
ration, which are not donated to said company, shall bo
paid for by said corporation at such price as may be mutu-
ally agreed upon by the said corporation and the owner or
owners of such land ; 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 provided by the
general laws now in force, or which may hereafter be in
force, providing for the condemnation of lands for purposes
of internal improvement.
§ 4. If any person shall willfully, maliciously or wan- injury to road,
tonly, and contrary to law, obstruct the passage of any car P®"8i*y f*""-
on said railroad, or any part thereof, or anything belonging
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 company, for
every such offense, treble the amount of damages that shall
be proved before any competent court shall have been sus-
tained, and been sued for in the name and in behalf of said
company; and such offender or offenders shall be deemed
guilty of a misdemeanor, and shall be liable to an indict-
ment, in the same manner as other indictments are found,
in any county or counties where such offense 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 indictments may be
found.
§ 5. The time of holding the annual meetings of said Acuuai meeting
company, for the election of directors, shall be fixed and
determined b}" the by-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
he, she or they may hold, j5ona Jide, in said company.
Yol. Ill— 15
114; EAILROAD OOMPANIJES — INCOEPORATED.
To open books § 6. The pei'sons named in the first section of this act
orsu'jEcription. ^^^ hereby appointed commissioners, who, or a majority
of whom, are hereb}'' authorized to open subscription books
for said stock, at such places as they may deem proper, and
shall keep said books opened until at least the sum of fifty
thousand dollars of said capital stock shall be taken. Said
commissioners shall require each subscriber to pay two
dollars on each share subscribed at the time of subscribing.
Meeting of When such amount shall have been subscribed, the said
commissioners shall call a meeting of the stockholders, by
giving thirty dajs' notice in some newspaper in said town
of Ottawa, in LaSalle county ; and at such meeting, it shall
be lawful to elect the directors of said company; and when
the directors of said company are chosen, the said commis-
sioners shall deliver said subscription books, with all sums
of money received by them as commissioners, to said di-
rectors. jSTo person shall be a director in said company,
except he be a stockholder.
Kightofway. | 7. That the right of way, and the real cstatc purchascd
,for the right of way by said company, whether by mutual
agreement or otherwise, or which shall become the pro-
perty of the company by operation of law. as in this act
provided, shall, upon the payment of the amount of money
belonging to the owner or owners of said lands, as a com-
pensation for the same, become the property of said com-
pany, in fee simple.
Propelling § y. The Said corporation may take and transport, upon
power. gj^^^ 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 said directors shall, from
Ruiesfor gov- time to time, establish; and the directors are hereby em-
ernment. powcrcd and authorized to make all necessary rules, by-
laws, regulations and ordinances that they may deem neges-
sary and expedient to accomplish the designs and purposes
and to carry into eflect the provisions of this act, and for the
transfer and assignment of its stock, which is hereby de-
clared personal property, and transferable in such manner
as shall be provided by the by-laws and ordinances of said
company.
Increase capi- § 9. The directors of said company, after the same is
tai stock. organized, shall have power to open books in the manner
prescribed in the sixth section of this act, to fill up the bal-
ance of the capital stock, or any part thereof, and the amount
the aforesaid company is authorized to increase the capital
stock to, by the second section of this act, at such time as
they may deem it for the interest of said company ; and
all the installments required to be paid in the stock origi-
nally to be taken, and what may be taken to increase said
capital, shall be paid at such times and in such sums as
gaid directors may prescribe.
EAILROAD COMPANIES — INOORPOEATED. Jlo
§ 10. In case of tho death, resignation or removal of wneu vacan-
the president, vice-president, or any director, at any lime ^ucct."^^"'' ''"^^
between the annual elections, such vacancy may be tilled
lor the remainder of the year, whenever they may hapiDen,
by tho board of directors. And in case of the absence of Absenceofthc
the president and vice-president, the board of directors i"""^''^'^"'-
shall have power to appoint a president, ^^/'o Umpore^ who
shall have and exercise such powers and functions as the
by-laws of said corporation may provide, in case it should
at any time happen that an election shall not be made on
any day on which, in pursuance of this act, it ought to have
been made, the said corporation shall not for that reason
bo deemed dissolved, but such election siiall bo held at any
other time directed by the by-laws of said corporation.
§ 11. Whenever it shall bo necessary, for the construe- lutersections.
tion of said railroad, to intersect or cross a track of any
other railroad, or any stream of water or water-course, or
road or highway, lying in 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 re-
store the said road, stream of water, water-course, road or
highway, thus intersected or crossed, to its former state, or
in a sufficient manner not materially to impair its useful-
ness.
§ 12. Said company shall have the power to unite its May uuite with
railroad with any other railroad now constructed, or which '^"^''"■'^'^*^^
may hereafter he constructed, in this state, upon such terms
as may be mutually agreed between the companies so con-
necting; and, for that purpose, full power is hereby given
to said company to malce and execute such contracts with
any other company as will secure the objects of such con-
nections; and tho said corporation shall have power, by
and with the consent of the owners of three fourths of the
capital stock of said company, to consolidate its stC'ck with
any other railroad company.
I 13. Said company is hereby authorized, from time to ^lay borrow
time, to borrow such sum or sum.s of money as may be ™°'^^^'-
necessary for completing and furnishing or operating tlieir
said railroad, and to issue and dispose of their bonds, in
denominations of not less than live hundred dollars, for
any amount so borrowed, and to mortgage their corporate
property or franchises to secure the payment of anv debt. Security for
i: ^ 1 1 .1 -1 t- ^ "^ ,^ " . 1 bonds issued.
contracted by the said company tor the purposes aforesaid ;
and the said directors of said company may confer on any
bondholder of any bond issued for money borrowed, the
right to convert the principal due or owing thereon into
stock of said company, at any time, not exceeding ten
years from the date of the bond, under such regulations as
the directors of said company may see fit to adopt.
§ 14-. The width of said railroad to be determined by width of roai
the said corporation, within the limits prescribed by the
lie RAILROAD COMPANIES — INCORPORATED.
first section of this act: Provided^ the same shall not exceed
one hundred feet; and they are hereby authorized to com-
mence work on any point of said railroad that may be con-
sidered most expedient.
Duration of §15. This act shall be in force [for] the period of eighty
corporation. years; and said company shall commence said work within
four years, and complete the same within twelve years,
from the passage of this act.
constiuction § ^^- "^^^^ ^^^ shall bc deemed and taken as a public
of act. act, and shall be construed beneficially for all purposes
herein set forth.
connec' with § 17. Said compauy shall have power to connect, on
otber roads. -^^j. ^^^^^^ ^j|.^ ^^^ Other railroad which its line may ap-
proach, having similar termini, and any railroad which the
said line may cross.
Articles offered § 18. Said Corporation shall transport fire-wood and
jPon/^'^^^^P"'*'*' fuel, of every description, over its railroad, whenever the
same shall be offered for transportation, at rates as low as
the rates said compny shall charge for the transportation
ot other freights of a similar class.
§ 19. This act shall take effect from and after its pas-
sage.
Approved March 13, 1869.
In force March AX ACT to incorporate the Metropolis and Nortliwestern Railroad Company.
9, 1869.
Section 1. Beit enacted hj the People of the State of
Illinois^ represented in the General Assembly^ That Green
Corporators. B. Kaum, W. E. Erowu, Johu C. Willis, Ambrose E. Burn-
side, and Chae. B. Guthrie, are hereby made commission-
ers, and are authorized, at any time and place within twelve
months from the passage of this act, to open books of sub-
scription for the capital stock and superintend the organiza-
Namoaud style, tioii of a Corporation, to be known as "The Metropolis and
Northwestern Railroad Company ;" and three or more of
said commissioners shall have power to act ; and said cor-
poration, when organized, shall have perpetual succession ;
Corporate pow.. ^ud, by that name, may sue and be sued, plead and be im-
"^ pleaded, defend and be defended against, in any court in
this state or an}^ other place, and may have and use a com-
mon seal, and alter the same at pleasure ; may contract and
be contracted with ; and may receive, purchase, hold, sell,
convey, mortgage, lease and deliver real and personal
property, for the purpose hereinafter mentioned ; and shall
liave all the powers, privileges, rights and immunities which
. are or may be necessary and proper to carry into effect the
objects and purposes of this act.
EAILROAD COMPANIES — INCORPORATED. 117
§ 2. The Metropolis and JSTorth western Railroad Com- Locate and con-
pany sliall have power and authority to locate, and, from ^''"^^'^'^ '■°''^^-
time to time, to alter, change, re-locate, construct, re-con-
struct, and to fully finish, equip and jnaintain a railroad,
with one or more tracks, from the city of Metropolis, Mas-
sac county, to any point on the line of the Cairo and Vin- ''^''"'^ °^ ™''^-
cennes Railroad, not further oast than the town of Harris-
burg, in Saline county. And said railroad company shall,
at any time, have full power and authority to extend their
said road in the direction of St. Louis, Missouri, so as to
reach said city by their own road or by some other railroad
line.
S 3. The said company, and, under their direction, Surveyasid o-
their agents, servants and workmen, are hereby authorized
and empowered to enter into and upon the lands and
grounds of or belonging to the state or to any person or
persons, body politic or corporate, and survey and take
levels of the same, or any part thereof, and to ascertain and
set out such part or j^arts as they shall think necessary and
proper for making said railroad, and, for this purpose, said
company is authorized to lay out its said road, not exceed-
ing one hundred and fifty feet wide, throughout the entire Ricrhts and
length of said road, and also to make, build, erect, or set privittges.
up, in and upon the route of said railroad or upon the land
adjoining or near the same, all such works, ways, roads and
conveniences, as may be requisite and convenient for the
purposes of said railroad, and, also, from time to time, to
alter, repair, re-construct, widen or enlarge the same, or
any of the conveniences above mentioned, as well for the Materials.
carrying and conveying goods, commodities, timber and
other things, to and upon the said railroad, as for convey-
ing all kinds of materials necessary for the making, erect-
ing, furnishing, altering, repairing, amending, reconstruct-
ing or enlarging the works of or connected with the said
railroad, and contract and agree with the owner or owners
thereof for earth, timber, stone, sand, gravel or other mate-
rials, or any article whatever, which may be v/anted in the
construction or repairing of said railroad or any of its
appurtenances, said company doing as little damage as pos- Damascs.
sible in the execution of the powers hereby granted and
making satisfaction, in the manner hereinafter mentioned,
for all damages, if any there bo sustained, by the owner or
owners of said land.
§ 4. The said company shall carry on said railroad all Articles for
qualities of wood and fuel, at any time demanded, at the *raa.i;ortation.
same rate and upon the same terms as freight of a similar
class.
§ 5. And he it further enacted, that said company may Private prop-
i. i. J •,! ,1 n ^ i"^ 1 ■' erty may be ta-
contract and agree with the owner or owners of any land or ken.
lands which said company may Avish to use or occupy for
the purpose of said railroad, or the purpose of procuring
118 RAILROAD COMPANIES — INCORPOKATED.
eaid gravel, stone, earth, timber or other materials, to be
used in the construction of said railroad or for the repair of
the same ; and in case said company cannot agree with the
owner or owners of all or any part of such lands, as afore-
said, so as to procure the same by the voluntary deed or act
\yhen owner of sucb owner or owners, or if the owner or owners there-
amiuor, etr. ^.^.^ ^^, ^^^^^ ^^, either of them, be a femme covert, an infant,
jwn comjjos mentis, unknown, or out of the state or county
in which the lands, or any of them, or property wanted is
Condemnation situatcd, the Same may be taken, condemned and paid for,
. f land. jf Q^y damages are awarded, in accordance with the provis-
ions of the general laws now in force or which may here-
after be in tbrce on the subject of the condemnation of the
right of way for railroad companies ; and the court or courts
petitioned for the condemnation of any such land shall pro-
ceed under and be governed by the act or acts aforesaid.
Board of direc- § 6. J^e it further enacted, that the hoQid of divectoYB of
*"""' said company shall consist of not more than thirteen mem-
bers, the number to be regulated by the stockholders, upon
the organization of said company, at the annual meeting for
the election of directors. The directors shall bold their
ofhce for one year and until their successors are elected and
vacRnciess, how qualified. And any vacancy occurring in the board may
be tilled, by the concurjence of two-thirds of the remaining
Officers. directors. One of said directors shall be chosen president
of said company, and the board of directors shall also elect
a secretary and treasurer, and such other officers as shall
be necessary for the transaction of the business of said com-
pany, who shall hold their offices as the rules and by-laws
of said company shall determine. The towns and cities
through or near which eaid railroad shall pass may sub-
scribe for and take stock in said company to the amount of
one hundred thousand dollars each; and any county in this
state may take stock in said company to the amount of twu
iuindred tliousaud dollars : Frovided, that v/henever the
coiporate authority of any such town or city or the county
court of any such county shall see proper so to do, an
election shall be held in such town, city or county, after
thirty days' notice, to determine the question as to whether
such town, city or county shall take stock in the said rail-
Kequestforan xoxd compauy, and the order calling such election shall set
forth the amount of stock to be taken, the length of time the
bonds to pay such stock are to run, and the rate of interest
Submitted to said bouds are to bear. Any such election shall be held
legal voters. ^^^^ returns made thereof as now required by law ; and the
qualified electors of any such town, city or county may vote
at any such election. Those favoring the taking of said
stock shall have written or printed on their ballots "For the
railroad," and those opposed to taking said stock shall have
written or printed on their ballots "Against the railroad."
If a majority of the votes cast at any such election are for
EAILROAD COMPANIES — mOORPOEATED. 119
the r.iilroad then such town, city or county shall be author- is?uc bonds.
ized, and the authorities thereof shall make and issue l)ond8
in payment thereof, as contemplated in the order calling
such election : Provided^ tliat within one year after any
such atiirraative vote, the said company shall notify the
authority callins; such election whether or not said company
will accept the bonds proposed ; and it is hereby expressly
provided, that no bonds of any such town, city or county
shall be delivered to said company until said company shall
have at least constructed one-half of each portion of said
railroad as shall lie in the county issuing the bonds or in
the county where said town or city is situated, and cars
shall have run thereon ; and whenever any such bonds Levy tax to
shall be issued, a sufficient tax, not exceeding one dollar ^^^ I'^tereet.
and fifty cents on the one hundred dollars of taxable prop-
erty, shall be levied and collected to pay the interest and
principal thereof ; and any such town, city or county shall
have the privilege and power of paying the principal of any
such bonds at any semi-annual payment of interest.
§ 7. Each share of stock on which there shall be noun- vote of stock-
paid calls shall entitle the owner thereof to one vote, either
in person or by legal proxy : Provided, that he or she shall
have been the bona fide owner thereof for thirty days previ-
ous to the day of meeting at which such vote shall be
offered, and, for that purpose, the ownership of said stock
shall be determined by the books of the company.
§ 8. The said company shall have power to purchase Maypnrehase
lands with the stock of said company, or otherwise, and to
borrow money to build, construct and equip said railroad ;
and, to secure the payment of said money, may mortgage
the lands, road or other property of said company : may
give bond on the income of any portion thereof, and may, saieof bond*.
by their officers or agents duly authorized, sell, dispose of,
negotiate or hypothecate such bonds, stocks or mortgages
belonging to said company, at such times and places and at
such rates and for such prices as in their opinion will best
advance the interest of said company ; and if such bonds,
mortgages or stocks are sold at a discount such sale shall
be as valid and binding, in every respect, as if sold at par
value ; and said company may authorize the holders of any
bonds or mortgages, issued as aforesaid, to convert the same
into stock of the company: Provided^ that the capital
stock shall not exceed the sum of live million dollars.
§ 9. Said company shall have power to connect its rail- Towns ami
road with any continuous line of railroad now constructed etock.'^''^ ^^*
in this state or any other state, on such terms as may be
agreed upon between said companies, and shall have power
to open subscription books in this or any other state, at
such times and places as shall be determined by the presi-
dent and directors, and shall have power to issue stock in
payment for labor, materials, rolling stock, or other ma-
ii.in.
li^O EAILEOAD COMPANIES — INCOEPOKATED.
chinery, in constructing, equippiiicij or operating said rail-
road, and shall have power to issue bonds and sell the same
for money, labor, materials or rolling stock, to be used in
building or operating said railroad.
Donations. § 10. A7Ld he it further enaoted^ that the towns, cities
and counties through, into or near which said railroad shall
run, are hereby authorized and fully empowered to donate
to said company, as a bonus or inducement for the con-
struction of said railroad, any sum of money, not exceeding
one hundred thousand dollars for any such town, city or
county, or two hundred thousand dollars for any such
Towns and couuty ; and such town, city or county may issue bonds, in
bonds. ' payment of such donation, of live hundred dollars each,
l3earing interest at the rate of eight per cent, per annum, or
less, payable half yearly in the city of ^ew York, on the
first days of January and July, in each year, and said bonds
Levy tax to to run not longer than twenty-five years ; and a tax of not
pay interest. ^ore than One dollar and filly cents on each one hundred
dollars of taxable property may be levied, and shall be col-
lected in any such town, city or county, per annum, to pay
the interest and principal of the bonds issued in payment
of such donation ; and whenever any of the authorities of
Notice of e!ec- auy sucli towu, city or counties shall see proper so to do,
an election shall be held in such town, city or county, after
thirty days' notice, to determine the question as to whether
such town, city or county shall make a donation to said
railroad company, and the order calling such election shall
set forth the amount to be donated, the length of time the
bonds to pay such donation are to run, and the rate of inter-
est such bonds are to bear. Any such election shall be
held and returns made thereof as now required by law ;
Submitted to ^'^^ ^^ qualified electors of any such town, city or county
legal voters. may vote at any such election; those favoring such dona-
tion shall have written or printed on their ballots 'Tor do-
nation," and those opposed to such donation shall have on
their ballots "Against donation." If a majority of the votes
When majority cast at any sucli election are "For donation," then such
seriptiwi" ^ " towu, city or county shall issue bonds to the amount of such
donation, or cash, if in the treasury, in payment thereof, as
contemplated in the order calling such election : Provided^
that within one year after any such afiirmative vote, said
company shall notify the authority calling such election
whether or not the feaid company accepts the proposed do-
nation ; and it is hereby expressly provided, that no bonds
of any such town, city or county, in payment of any such
donation, shall be delivered to said conip)any until said com-
pany shall have constructed at leastone-half of such portion
of said railroad as shall lie in the county issuing the bonds
or in the county where said town or city is situated and
Tax to pay in- cars shall have run thereon ; and whenever any such bonds
^"'®*'- shall be issued, a sufiicient tax, pot exceeding the sum here-
RAILROAD COMPANIES — INCORPORATED. 121
tofore named, shall be levied and collected to pay the inter-
est and piincipal thereof, and any such town, city or county
shall have the Ojition of paying the principal on any such
bonds at any semi-annual payment of interest.
§11. And be it farther enacted, that the capital stock increase of
x* • 1 1 11 1 -n- J 11 A *.!, capital stock.
01 said company shall be one million dollars, and the same
niay be increased, by a vote of a majority of the stockhold-
ers, to the amount of five millions of dollars, at any regular
or called meeting of the stockholders.
§ 12. Be it further enacted^ that said company shall Transportation
have power and authority to fix, from time to time, the rate
for the transportation of passengers and freight over said
railroad ; and said company shall have power to consolidate po^g,.4o
their said comj^any with any other continuous lines of rail- soiidate road.
road with which they may connect, upon such terms as may
be agreed upon, making auch consolidation. The said com-
panies shall haxe power to iix upon a corporate name to be
used by such consolidated company.
§ 13. This act shall be deemed a public act, and be in
force from and alter its passage.
Approved March 9, 1869.
AN ACT to incorporate the Michigan Air Line Railroad Company. In force March
31, 1869.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General AssernUy^ That M. A. corporators.
McNaughton, J. B. Eaton, William Young, Nathan F.
Merrill, and Joseph E. Young, and their associates, suc-
cessors and assigns, are hereby created a body politic and
corporate, by the name and style of "The Michigan Air Name aud style.
Line Railroad Company," with perpetual succession ; and, corporatepow-
by that name, be and are hereby made capable, in law and ^'^'
equity, to sue and be sued, plead and be impleaded, defend
and be defended, in any court of law or 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 with all powers, privileges and immuni-
ties which are or may be necessary to carry into effect the
purpose aud objects of this act, as hereinafter set forth.
And said company are hereby authorized and empowered Location and
to locate, construct and complete a railroad, with a single road/"*^ ^"^
or double track, from a point on the line dividing the states
of Illinois and Indiana, north of the south boundary line of
Cook county, and thence, upon the most eligible route, to
and into the city of Chicago, in said county of Cook ; and. Route of road.
for this purpose, the said company are authorized to lay out
and locate their said road, not exceeding one hundred feet
Vol. Ill— 16
122 KAILKOAD COMPANIES INOOKPORATED.
in width, throng;h the whole lenp^th 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 fur the construction and security of said road.
Amount capita. g 2. The Capital stock of said company shall consist of
one million of dollars, which may be increased to any
amount not exceeding three millions of dollars, to be divi-
Powersof the dcdiuto sharesof One hundred dollars each. All the corporate
directors. powcrs of Said Company shall be vested in and exercised by
a board of not less than five nor more than thirteen direct-
ors, who shall be chosen by the stockholders of said com-
pany, in the manner hereinafter provided, who shall hold
their offices for one year or until their successors shall be
Quorum to do elected and qualified; and 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 com-
pany; and said board of directors shall have power to ap
point all necessary clerks, secretary, treasurer and all other
oflieers deemed necessary in the transaction of the business
of said coaipany.
ExamiTiat'ons § 3, The Said Corporation is hereby authorized, by their
an surveys. 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 whereon
to construct their said railroad ; and it shall be lawful for
May take lands, g^id company to enter upon and take possession of and use
all such lands and real estate as will or may be necessary
for the construction and maintenance of said railroad, its
depots, side tracks, water stations, engine houses, machine
shops and other buildings and appendages necessary to the
construction of said railroad : Provided, ihoi all lands or
real estate entered upon or taken possession of by said cor-
poration, for the purpose and accomodation of said railroad
or upon which the site for said railroad shall have been lo-
fay damages cated or determined by said corporation, shall be paid for
for land take . j^^ g^-j Company in damages, 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 use of said corporation, which are not donated to
said company, shall be paid for by said corporation, at such
prices as may mutually agreed upon by the said corporation
and the owner or owners of such lands ; and in case of
disagreement, the price shall be estimated, fixed and re-
covered in the manner provided by the general laws now
in f jrce or which may horealter be in force providing for
tiie condemnation of land for purposes of internal improve-
ment.
Annual meet- § 4. The time of holding the annual meeting of said
ngo '**^ "''^''- (]jj.ycf,Qj.g g[jall be fixed and determined by the by-laws of
said company, and at all meetings each stockholder shall be
entitled to vote, in person or by lawful proxy, one vote for
RAIIEOAD COMPANIES — INCOEPORATED. 123
each share of stock he, she or they may hold, hona fide, in
said company, upon which all installments called have been
paid.
§ 5. The persons named in the first section of this act , subscription
" , , * , , . . , • -i. x- bonks opened to
are hereby ai)pointea commissioners, who, or a majority oi capital stuck.
them, are hereby authorized to open or cause to be
opened subscription books for the stock of said company, at
such time 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 five dollars or execute
a note therefor, as they shall determine, on each share sub-
scribed, at the time of subscribing; and whenever fiffj st^khoWers. °^
thousand dollars shall be subscribed, the said commission-
ers 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 Chicago or by personal notice, served
upon each of the stockholders, of the time and place of
holding such meeting, at least five days previous to the
time of such meeting. And at such meeting it shall be Election of
lawful for the stockholders to elect the directors of said com- toTs!
pany and transact any other necessary business; and when
the directors are chosen, the said commissioners shall de-
liver 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. ISo person shall be a
director unless he shall be a Lona fide stockholder in said
company.
§ 6. The directors of said company, after the same is Power? of the
organized, are hereby 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
by-laws or regulations, from any other railroad company or
corporation, and from any county, city or town, making the
same, and may acquire, by donation, stock, subscription or
purchase and dispose and convey, as they may deem expe-
dient, real estate and coal and mineral lands, not exceeding
one thousand acres ; but uo subscription shall be made to
the capital stock of said company by any county, city ^iibmitte^d to
or town until the question of making such subscription shall °
have been submitted to a vote of the legal voters of such
county, city or town, at a regular election or at a special
election to be called for that purpose ; and in all cases at
least thirty days' notice of such election shall be given in
the manner now prescribed bylaw; and in case at such
election a majority of all the votes cast shall be for such
subscription it shall be lawful for such county, city or town
to subscribe to the capital stock of such company (o the
amount mentioned in the notice of such election, and not
otherwise.
12i KAILROAD COMPANIES — IHCOKPOKATBD.
Right of way. § 7. That the right of way and the real estate purchased
for the of way or other purpose by said company, whether
by mutual agreement or otherwise, or which shall become
the property of said company by operauoa 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 compen-
sation for the same, become the property of said company
in fee simple.
Propeuing | 8. The said corporation may take and transport on
^°^'^'^' said railroad any person or persons, merchandise or other
property, by the force and power cf steam or animals or
any combination of them, and may fix, establish, take and
Rates of tou. 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
personal property and transferable in such manner as shall
be provided by the by-laws and ordinances of said company.
Vacancy, how § 9. In casc of death, resignation or removal of the
*^'®^' president, vice-president or any director, at any time be-
fore the annual election, such vacancy shall be tilled for
the remaini^ier of the year, whenever they may happen, by
the board of directors; and in case of ab>enct:! of the presi-
dent and vice-president, the board of directors shall have
power to appoint a president, ^r<? tera'pare^ who shall have
and exercise such powers and functions as the by-laws of
Absence of the Said Corporation may provide. In case it should at any
president. 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 cau^e be deemed dis-
solved, but such election shall be held at any other time
directed by the by-laws of said corporation.
Right to inter- § l^- Whenever it shall be necessary for the construc-
sect°raiiroad. tj^n 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 railioad across or upon
the same : Provided^ the said railroad shall restore the
railroad, stream of water, water course, road or highway,
tlius intersected or crossed, to its former state, or in a sulii-
cieut manner not materially to impair its usefulness.
Cons iiidation § H- Said Company shall have ])Ower, by and witli the
of roads. consent of the owners of three-fiairths of the capital stock
of said company, and it is hereby made lawlul for said
company to unite or consolidate its railroad stock and pro-
])erty with that of aiiother continuous line of railroad or
within this or any other state, whose line or lines of road
/
RAILROAD COMPANIES — INCORPORATED. 125
may cross or intersect the railroad hereby authorized or to be
built along or near the line thereof, upon such terms as may
be mutually agreed upon between the said company or any
other company, and for that purpose, full power is hereby
given to said company to make and execute such contracts Execution of
with any other company or companies as will secure the contracts,
objects of such connections or consolidations. Said rail-
road company are hereby required to carry firewood on
their said railroad to the city of Chicago at a rate not ex-
ceeding two cents per mile per ton.
§ 12. That the said railroad company by this act incor- May borrow
porated shall have power to borrow money on the credit ^°^''^-
of the company, not exceeding its authorized capital stoci<,
at a rate of interest not exceeding ten per cent, per annum,
payable semi-annually, and may execute bonds therefor,
with interest coupons thereto annexed, and secure payment Payment secur
of the same by mortgage on the whole or any part thereof «d by mortgage
of said railroad property and income of the company then
existing or thereafter to be acquired, and may annex to
said morigage 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 signified, in writing, to
the company three years before the maturity of such bonds.
§ 13. That the directors of said company be and they saie of bonds.
are hereby authorized to negotiate and sell the bonds of
the said company at such times and in such placet^, eitlier
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 it such bonds are 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 wefe sold or disposed of at tlieir par value.
§ 14. That the said company, in securing the payment security for
of said bonds by a mortgage on the road ^ property -md p*^''"^"'^ ^°°^^-
income of the company, shall have power to execute a
mortgage, aforesaid, to secure the payment of the full
amount of bonds which the company may at the time the
Said mortgage bears date, or at any time hereafter, 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 persons as the directors of said company
may deem advisable, till the whole amount of bonds men-
ioiied in such mortgage is executed and sold ; and the
said mortgage shall be as valid and eflectual to secure the Morigage valid,
payment of the bonds so executed and sold and every part
thereof, as if the same and every part thereof had beeii
executed with even date with the said mortgage.
§ J 5. This act shall be deemed a public act, and is
hereby so declared, and shall be favorably construed, for
all purposes herein expressed and declared, in all courts
126 KAILEOAD COMPANIES INCOKPORATED.
or places whatever, and shall be in force from and after its
passage.
Approved March 31, 1869.
In force March AN ACT to incorporate the Muscatine and Illinois River Ra'lraad Coar-
A 1869. pJ^^y_
Corporators.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assemhkj, That Henry
R Sander&on, Loreutus E. Cougar, W. Selden Gale, A. C.
Babcock, S. ^. Basset, Owen Bellerton, Clark E, Cai-r,
John W. Ptoss, Ephriam Gilmore, David H. Frisbie
Timothy M. Morse, I. C. Elwell, and Richard A. Whiting-l
and their associates, successors and assigns, be and they
are hereby created and constituted a body politic and cor-
Name and style, porate, by the Dame of '-The Muscatine and Illinois Eiver
Eailn.ad Company," with perpetual succession; and, by
^Corporate pow- that name, be and are hereby made capable, in law and
equity, of suing and being sued, pleading and being im-
pleaded, defending and being defended, in any court of
law or equity in this state or elsewhere ; and may make,,
have and use a common seal, and alter the same at plea-
sure; and shall be and are hereby invested with all the
powers, privileges and immunities incident to corporations,
for the purpose hereinafter mentioned.
§ 2. The said company are hereby authorized and em-
powered to locate and, from time to time, to alter, change, '
relocate, construct, reconstruct and fully finish, yerftct,
equip and maintain a railroad, with one" or more tracks,
from the Mississippi river, at or near the city of Muscatine,
in the state of Iowa, through the counties of Eock Island,
Mercer, Warren, Knox and Fulton, to the Illinois river, by
such route as the directors of said company may deem most
feasible and eligible, and also to extend and continue said
railroad beyond the Illinois river, to intersect and connect
with any railroad leading to either of the cities of St.
Li.uis, Springheld or Bloomington, and, for this purpose,
said company is authorized to lay out and construct said
road, in width not exceeding one hundred feet, throughout
its whole length ; and, for the purpose of cuttings, em-
bankinents, and obtaining stone and gravel, ^nd tor con-
structing and erecting shops, depots and otiier suitable,
proper and convenient fixtures, in connection with and
appurtenant to said railroad, and all necessary and pro-
per uses, may take as much more land as may be needed
for the construction, operation and security of said road.
Construction
of ailroad.
Route of road.
Matarials, etc.
HAILKOAD COMPANIES — INCORPOKATED. 127
§ 3. The capital stock of aaid company shall be five Amount capital
hnndred thousand dollars, which may be, from time to "°'^^*
tin)e, increased, by a vote of a majoriLy of the directors of
said Cdmpany, to any sum requisite for the completion and
fultiilment of the objects and purposes of the corporation
hereby created. Said capital stock shall be divided into
shares of one hundred duUars each, which shares shall be
deemed personal property, and shall be transferable only
in such manner and upon such terms as shall be prescribed
by the by laws of said company.
§ 4. All the corporate powers of said company shall corporate pow-
be vested in and exercised by a board of directors, so many ^'eoard of di-
in number as the bylaws of the corporation may provide, rectors.
Directors siiall hold their office for one year and until their
successors shall be elected and qualified. Said directors,
a majority of whom shall form a quorum for the transac- Quorum.
tion of business, shall elect from among themselves a presi-
dent and vice president, and shall have power to appoint
all ofiicers deemed necessary for the transaction of busi-
ness of said company, to fix the compensation of such offi- ,
cers, and to require such officers to give such security for
the faithful performance of their duties as such directors Kniesforgov-
may deem requisite. Said directors shall, also, have power emment.
to make all such regulations as they may deem necessary
and expedient to accomplish the designs and purposes and
to carry into efi"ect the provisions of this act, and for the
transfer and assignment of the capital stock, and prescrib-
ing the duties of the officers and servants that may be
eniiployed by the company. In case any vacancy occurs
in the board of directors, such vacancy may be tilled by
the remaining directors.
§ 5. The first board of directors shall consist of the First board of
persons named in the first section of this act. It shall be '^^'^^°''*-
their dutv to cause hooks to be opened for the purpose of open books
•^ , ... . ,1 •,. ; t I i- ^1 for subscription
receivmg subscriptions to the capital stock ot the company,
under the direction of sucu agents as said directors shall
appoint; and such bo )ks shall be kept open, froin time to
time, until the amount of the capital stock so authorized
by thi.s act or fixed by said corporation, shall be subscribed,
or until said directors shall determine te close the same.
§ 6. There shall be an annual meeting of the stock- . Annual meet-
holders of said company for the election of the board of hoWri. "°'^'^'
directors, the time and place ibr hi»]ding which shall be
fixed by the by-laws of said company ; and at all meetings
each stockholder shall be entitled to vote, in person or
by proxy, one vote for each share he, she or they may hold
and own, bonajide^ in said corporation.
S 7. Any incorporated city or tow.T or any county, on T^^^ !^^^
■, ,• n ^ •! 1 •! I • ciues may lake
or near the line of said railroad, may subscribe to the capi siqck.
tal stock of said company, and, to provide for the payment
of such subscriptions, may issue bonds, bearing interest at
128 EAILROAD COMPANIES — INCOKPOKATED.
Notice of a rate not exceeding ten per cent, per annum : Provided^
election. ^.j^^j. jj^jf^^e such Subscription sliall be binding upon sucii
county, city or town, an election shall be held in contbruiity
with the laws in regard to ordinary city, town or county
elections, thirty days' notice having been given, and returns
Submitted to to be made in the usual way ; at which election a majority
ega vo eis. ^_^^. ^^ legal votcrs, voting (m that question, shall have
voted in favor of such subscription, and, to this end, the
county court, board of supervisors, city council, town trus-
tees, or other proper authority, may from time to time,
order elections, specifying the amount proposed to be eub-
Levy tax to scribed ; and such city, town, or county is hereby author-
pay interest, j^g^ ^j^^ required to assess and levy a sufficient tax to pay
the interest accruing on the bonds issued for the purposes
aforesaid, and also the principal of taid bonds, when due;
which tax shall be assessed, levied and collected in the
same manner as other taxes are by law required to be as-
sessed, levied and collected.
Organized § 8. Any town Organized under the township organiza-
st^^.™'^^ ^^''^ fi^" ^^w, on or near the line of said railroad, may subscribe
to the capital stock of said company; but no such subscrip-
tion shall be made until the question has been submitted
to the legal voters of the town in which the subscription
Submitted to ^"^ pruposcd to bc made; and the clerk of each of said
legal voters. towns IS hereby required, upon the presentation of a peti-
tion, signed by at least fifty legal voters, residing in such
town, in which petition the amount proposed to be sub-
scribed shall be stated, to post up notices in at least three
ot the most public places in said town — which notices shall
Notice of eiec- be postcd uot Icss than thirty days before the day of hoJd-
*^*'"- ing such elections — notifying the legal voters of such town
to meet at the usual place of voting in such town, for the
purpose of voting for or against such subscription ; which
election shall be held and conducted in the manner pro-
vided by law for the election of town officers. If it shall
appear that a maiority of all the voters in any town, voting
Snpervisor may ^^ , , , i.- i, .. j i? t, • ..• v i 11 i
subsciib; stock, on that qucstion, have voted tor subscription it shall be
the duty ot the supervisors of such town to subscribe to the
capital stock of said company, in the name of the town,
the amount so voted to be subscribed, and to receive from
said company the proper certificates therefor ; he shall,
also, execute and deliver to said company, in payment of
calls on such subscription not otherwise provided for by
The people of such town, bonds, in the name oi the town,
bearing interest not to exceed ten per cent., per annum.
iSuch bondg shall be attested by the town clerk ; and it
sliall l)e the duty of the town clerk to make a record of the
i.^suing of such bonds.
Duties of clerk. § 9^ jt gi^all be the duty of the town clerk in each
town in which a vote shall have been given for subscription,
within ten days thereafter, to transmit to the clerk of the
RAILKOAD COMPANIES — INCORPORATED. 129
county in which said town is situated a statement of the
vote given and the amount voted to be subscribed; he shall,
also, notify the county clerk of all bonds issued as aforesaid,
the time such bonds shall have to i-un, and the rate of in-
terest named in the bonds. It shall be the duty of the Levy tax to
county clerk, annually thereafter, to compute and assess I'-^y »"terest.
upon all the taxable property of such town a sufficient sum
to pay the interest on all bonds issued in accordance with
this act by such town, which shall be extended on the col-
lector's books as other taxes are, and shall be collected and
paid into the county treasury as county taxes are paid.
The county treasurer shall pay the interest on such bonds
presented to him for the purpose, out of the proceeds of
such taxes, indorsing the amount of such payment on the
bonds or taking proper vouchers therefor; he sliall keep an Books o; en for
account of all money received from taxes, as afuresaid, and iiispectmo.
paid out upon such bonds, which account shall, at all times,
be open to the inspection of all persons wishing to examine
the same.
§ 10. At all elections for directors and all stockholders' ^^^tlT^ '^^'^'
meetings of said company, the stock of each county, city,
incorporated town or town organized under township organ-
ization law, shall be represented; the stock of each county,
by some person appointed by the board of supervisors or
by the county court in counties having no board of super-
visors; the stock of each city or incorporated town, by the
common council or board of trustees ; the stock of each town
organized under township organization law, by the super-
vieors, unless some other person be appointed by the people
of the town at town meeting; and each person authorized to
represent any such stock may vote either in person or by
proxy.
§ 11. Said company shall have the power to acquire, by Powersaudpri-
purchase or lease, the chartered rights, pov.'ers and privi- "^^■^=^^-
leges of any person or persons, corporation or corporations,
to keep, operate and maintain any ferry or ferries across the
Mississippi river or across the Illinois river, now operated
and run or hereafter to be operated and run in connection
with said railroad, and to build and erect bridges across Eridge.?, etc.
the said rivers, at such point as shall be deemed eligible by
said company for that purpose; and upon acquiring such
rights, by purchase or lease, or upon the building or erec-
tion of such bridge, said railroad company shall have the
right to keep and operate such ferry or ferries and to use
and maintain such bridges in connection with such railroad.
^ 12. The said corporation is hereby empowered to pur- May possess
1 • J 1 1 1 1 1 i. .L ^1 i^ real estate.
cbase, receive and hold such real estate as may be necessarj'
and convenient in accomplishing the objects tor which this
incorporation is 2:ranted, and may, by tlieir agents, engi-
neers or surveyors, enter upon, take possession of, and use
all such lands and real estate as may be necessary for the
Vol, 111-^17
130 RAILKOAD COMPANIES — INCORPORATED.
construction and maintenance of said railroad and the ap-
pendages and accommodations requisite and appertaining
thereto; aud may, also, receive, take and hold all such vol-
untary grants and donations of land and real estate as shall
be made to said corporation for the purpose aforesaid; and
in case said company shall not be able, by purchase or vol-
untary cession, to acquire the right of way and grounds for
said railroad, appendages and accommodations, aud grounds
of earth, stone or gravel, for the purpose of building or
Rishtof way. repairing the same or any of them and the right of way to
such grounds of earth, stone or gravel, said company are
empowered to take, condemn and use or otherwise lawfully
obtain and use the same, respectively, under any of the laws
of this state then in force in that behalf and authorizing
the appropriation of lands for right of way for such pur-
poses. The right of way and other real estate purchased
by said company or otherwise obtained, as herein provided,
shall be held by them, in fee simple.
May borrow § 13. TliG Said compauy shall have power to borroAv
^'^^^- money, on the credit of the company, at a rate of interest
not exceeding ten per cent,, per annum, and may execute
bonds therefor, with interest coupons thereto annexed, and
secure the payment of the same by mortgage on the whole
or any part of said railroad, property, income and franchises
of the company then existing or thereafter to be acquired;
Bonds iu pay- si^d may anucx to said mortgage bonds the privilege of
^rip'tioul ^" ' converting the same into the capital stock of the said com-
pany, at par, at the option of the holders, upon such con-
ditions as the company may provide. The directors of said
company are hereby authorized to negotiate and sell the
bonds of said compauy, at such times and in such places,
at such rates and for such prices as, in their opinion, will
best advance the interest of the company,
secnred by -§ l^^'- The Said compauy shall have power to execute
doecis of trust, one or more mortgages or deeds of trust on the road, prop-
erty, income and franchises of said company, to secure the
payment of such amount of bonds as the said company may
desire to sell, either at the time of the execution of such
mortgage or deed of trust or some future time; and may
sell, from time to time, such amount of such bonds as the
directors may deem advisable, till the whole amount of
bonds mentioned in such mortgage or deed of trust shall bo
executed and sold.
Privileges. § 15. Said compauy shall have power to construct its
railroad across any other railroad or water course, road or
highway, on the route of said railroad, water course, road
or highway, and also to construct its road along any street,
public road or highway, with the consent of the proper au-
thorities of the city or town in Avhich such street, road or
public h.ighway may be situated.
RAILROAD COMPANIES — INCORJPORAtEt). ISl
§ 16. Said company is hereby authorized, l)y and with May nnite
the consent of the owners of three-fourths of the capital p^nies^ ''^'^ '^"^'""
stock of said company, to unite or consolidate its railroad
stock and property with that of any other railroad company
or companies whose line or lines may intersect or connect
with the line of the said company's road ; and, in the event
of consolidation, the companies so consolidating may take
upon themselves any name and any style of designation
they may think proper; and they shall be vested with all
the powers, privileges and franchises of eacl}, or both, or all
of said companies.
§ 17. Said company shall have power to establish and TranppoUaUon
receive snch rates of toll or freight, for all passengers or '^'*'^^'
property transported upon its road, and for the storage of
merchandise under their charge, as the directors shall, from
time to time, establish.
§ 18. Said corporation shall transport fire- wood and fuel, ai-iioJcs offeied
of every description, over its railroad, whenever the same tion. *^'*'^^p*^''**"
shall be ofl'ered for transportation, at rates as low as the
rates said company shall charge for the transportation of
other freights of a similar class.
§ 19. This act shall be deemed a public act, and shall be
favorably construed for all the purposes herein expressed
and declared, and shall be in force from ajid after its passage.
ApmovED March 29, 1869.
AN ACT to incorporate tlio Muscatine, Kcwancc and Eastern Eailroail in force March
Company, 31, 18G9.
Section 1. Be it enacted hy the Feoplc of the State of
Illinois^ represented in the General Assemhhj^ That Ethel corporators.
Y. Bronson, Oren H. Loomis, Egbert E. Slocum, John L.
Piatt, John D. Schriver, Elias Lyman, Rufas P. Parrish,
John Blackburn, Milo Doty, O. T. Graves, James S. Ilad-
soU, Morrison Francis, Kufus Mentzer, George Gray, Jo-
sepii Tillson, Alexander Hoagland, Jesse L. Jones, David
W. Danley, Arnold Thornton, Bernard Yaeger, H. C.
Piatt, J. II. Sanders, Simeon G. Stein, Jacob Butter, Jolm
B. Dougherty, Henry Funck, Lymau JI. Washburn and
John M. Richey, and their associates, successors and as-
signs, be and they are hereby created and constituted a
body corporate and politic, by the name of " The Musca- Name aud style.
tine, Kewanee and Eastern Railroad Company," with
^perpetual succession ; and, by that name, be and are hereby corporate pow-
made capable, in law and equity, of suing and being sued, ""'
pleading and being impleaded, defending and being de-
fended, in any court of law or equity, in this state or else-
where ; and may make, have and use a common seal, and
183 JtAlLEOAD COMPANIES — mcORPOKAtEt).
alter the same at pleasure ; and shall be and are hereby in-
vested with all powers, privileges and immunities incident
to corporations, for the purpose hereinaltej" mentioned.
Construction § ^' '^^^^ ®^^^ Company are hereby authorized and em-
of railroad. powcred to locato, and, from time to time, to alter, change,
re-locate, construct, and fully finish, perfect, equip and
luaintaiii a railroad with one or more tracks, from a point
Route. on the east bank of tlie Mississippi river, in the county of
liock Island, in the state of Illinois, opposite the city of
Muscatine, in the state of Iowa, to a point on the east line
of the state of Illinois, in the county of Kankakee, or in
the county of Iroquois, such as the directors may hereafter
select, by such route as the directors may deem most feasi-
ble and eligible, running through Kewanee, in Henry
county, and crossing the Illinois river at the city of Henry,
in Marshall county ; and, for this purpose, said company is
authorized to lay out and construct said road, in width not
Width. exceeding one luindred feet, throughout its whole length,
and for the purpose of cuttings, embankments, and obtain-
ing stone, saud and gravel, and for constructing and erect-
ing shops, depots and other suitable, proper and convenient
fixtures in connection with and appurtenant to said rail-
road, and all necessary and proper uses, may take as much
more land as may be need for the construction, operation
and security of said road.
Amount capital § 3, The Capital stock of said company shall be one
stock. million dollars, which may hereafter be increased, by a
vote of a majority of the directors of said company, to
any sum not exceeding five million dollars. Said capital
stock shall be divided into shares of one hundred dollars
each, which shares shall be deemed personal property, and
shall be transferable only in such manner and upon such
terms as shall be prescribed by the by-laws of said company.
Open booiis for S 4-. The porsous named in the first section of this act
Baoscnptjoi:. ^^.,^ hereby appointed commissioners for receiving subscrip-
tions to the capital stock of the corporation, who, or a ma-
jority of whom, are hereby authorized to cause books to be
opened at such times and places as they may deem proper
for receiving subscriptions to said capital stock. Notice of
the time and places when and where the books will be
opened shall be given by publication for at least thirty
days previous to opening the same, in such newspaper or
newspapers as shall be selected for that purpose by said
commissioners. On opening said books, said commission-
ers shall attend in person or by agents, and continue
to receive subscriptions to said capital stock until the sum
of one linudred thousand dollars thereof shail have been
Payment of in- Subscribed. Each subscriber shall, at the time of sub-
etaiTajoat?. serii)Lion, pay to said commissioners the sum of five dol-
lars on each share of stock subscribed for by him ; and the
commissioners shall, so soon as the directors of said cor-
RAILROAD C03IPANIES — INCORPORATED. 133
poration shall have been elected, deliver to them the whole
amount so received, and also all subscription books and
papers belonging to said company. A majority of eaid
commissioners may fill any vacancies that may occur in
their number, by death, resignation or otherwise.
§ 5. All the corporate powers of said company shall be Poweia of tho
vested in and exercised by a board of nine directors, who
shall be chosen by the stockholders of said company in the
manner hereinafter provided and who shall hold their of-
fices for one year and until their successors shall be elected
and qualiiied. And said directors, a majority of whom
shall form a quorum for the transaction of business, shall
elect by ballot, from among themselves, a president and
vice-president, and shall have power to appoint a secretary,
treasurer and all other officers deemed necessary for the
transaction of the business of eaid company and may
require such officers to give such security for the faithful
performance of the duties of their office as the company
by its by-laws may require. Said directors shall also have Rules for gov-
power to make all such rules, by-laws and regulations as ''''^™^" •
they may deem necessary and expedient to accomplish the
designs and purposes, and to carry into effect the provis-
ions of this act and for the transfer and assignment of the
capital stock and prescribing the duties of officers, artificers
and servants that may be employed, and for the appoint-
ment of all officers to carry on the business within the ob-
jects and purposes of said company, not inconsistent with
the laws of this state,
§ 6. The first election for directors shall be holden as First election
soon as may be afcer the said one hundred thousand dol- o^'^'^'^'^^o''^-
lars of stock shall have been subscribed. The commis-
sioners shall give notice of the time and place at which a
meeting of the stockholders will be held for the choice of
directors, by publication in a newspaper published in any
one or more of the counties along the route of said rail-
road, as they may deem proper, at least thirty days before
the day set for such organization. At the time and place inspectors of
appointed for that purpose, the commissioners or a majority *=^'*<^^^°°-
of them, shall attend and act as inspectors of said elec-
tion. The stockholders who shall be present shall proceed
to elect, by ballot, nine directors, and the commissioners
present shall certify the result of such election under their
hands, which certificate shall be recorded in the books of
the corporation and shall be sufficient evidence of the elec-
tion of the directors therein named. All future elections
shall be held at the times and places, and in the manner
prescribed by the by-laws and regulations of said corpora-
tion. Each stockholder shall be entitled to vote, in person stockholders-
or by proxy, one vote for every share of stock he or she ^^^^-
may hold, ho7ia fide, upon which all installments, called
and due have been paid ; and a plurality of votes at any
134 3jAlLK0Ar> COMPANIES- — INOOEPOllATED,
election shall determine the choice ; but no stockholder
shall be allowed to vote at any election after the first for
any stock which shall have been assigned to him within
thirty days previous to the day of holding such election.
Rc-open hooks § 7. The directors shall have power, and are required
forBuDsciiption ^^ ^e-open the books to fill the capital stock of said com-
pany, and shall continue to receive subscriptions therefor
until the whole amount of such capital (not subscribed be-
fore such commissioners) shall have been taken, and shall
also receive sXibscriptions to the additional capital stock of
said company should the same be increased by said direct-
ors pursuant to the authority herein given, at such time
May forfeit and places as the directors may deem expedient; and all
stock. subscriptions to the stock of said company shall be paid at
such times and in such amounts and on such conditions as
said directors may prescribe, under the penalty of the for-
feiture of the stock and all previous payments thereon ;
and they shall give notice of the payments thus required,
and of the place where and the time wii-c-ri the same are
required to be paid, at least thirty days previous to the
time when said payments shall be required to be made, by
publication in such newspaper and for such time as said
directors shall determine.
Vacancies. § 8. In case of the death or resignation or removal of
the president, vice-president or any director, at any time
before the annual election, such vacancies shall be filled, for
the remainder of the year, wherein it may happen, by the
board of directors ; and in case of the absence of the presi-
dent and vice-president, the board of directors shall have
power to appoint a president, fro tempore^ who shall have
and exercise such powers and functions as the by-laws of
Absenceof the Said company may provide. In case it should at any time
president, happen that an election should not be made on any day on
which in pursuance of this act it ought to be made, the
corporation shall not for that cause be deemed dissolved,
but such election shall bo held at any time directed by the
by-laws of said corporation.
Towns aud § 9. Any incorporated city, town or county, on or near
Block "'"^^ ^"''"^ ^^^ ^^^^ ^^' ^^^^ railroad, may subscribe to the capital stock
of said company any sum, not exceeding one hundred
thousand dollars ; aud may issue bonds in denominations
of not less than one hundred dollars, bearing interest at
the rate not exceeding ten per centum per annum, payable
annually, which bonds may run any period not exceeding
twenty years, to be determined on by the county court,
board of supervisors, city council, town trustees or other
proper authority issuing said bonds : Provided^ that before
said stock shall be subscribed, an election shall be held in
conformity with the laws in regard to ordinary city, county,
-. or town elections, the usual notice having been given and
returns to be made in the usual way, at which election a
RAILKOAD COMl'ANIES — INOOEPOEATED. 135
majority of the legal votors voting on that question shall
have voted in favor of said subscription ; and to this end
the county court, board of supervisors, city council, town
trustees, or other proper authority may from time to time
order elections, specifying the amount proposed to bo sub- Notice or eiec-
scribecl, and such city, town or county is hereby authorized tiou.
and required to assess and levy a sutiicient tax to pay the
interest accruing on such bonds, and the principal of the
banie when due; which tax shall be assessed, levied and col-
lected in the same manner as other taxes are by law re-
quired to be assessed, levied and collected.
§ 10. Any township under township organization, on or aubmutcd to
near the line of the said railroad, may also subscribe to the ^^-''•' voters.
capital stock of said company in any sum not exceeding
iifcy thousand dollars, but no such subscription shall be
made until the question 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 re-
quired, upon the presentation of a petition signed by at
least ten citizens, who are legal voters, and tax payers of
the township for which he is clerk — in which petition the
amount proposed to be subscribed shall be stated — to post
n]) notices in at least ten of the most public places in said
town — which notices shall be posted not less than thirty
days before the day of holding such election — notifying the
legal voters of said township to meet at the usual places of
voting in said township, for the purpose of voting for or
against such subscription ; which election shall be held and
conducted in the manner provided by law for the election
of town officers.
§ 11. If it shall appear that a majority of all the voters Duties of the
voting on that question have voted "For subscription," it ^'^p^'^^"''^-
shall be the duty of the supervisors of each of those town-
ships that shall vote for such subscription to subscribe to
the capital stock of said railroad company, in the name of
the townships for which he is supervisor, the amount so
voted to be subscribed, and to receive from said company
the proper certificates therefor. He shall also execute and
deliver to said company, in the name of said township,
bonds bearing interest not to exceed ten per centum per
annum, which bonds shall run for a term not exceeding
twenty years, and the interest on the same shall be made
payable annually, and which bonds shall be attested by the
clerk of the townships in whose name the bonds are issued ;
and it shall be his duty to make a record of the issuing of
said bonds : Provided, hoioevsr, that subscriptions or do-
nations made in aid of said railroad shall be only valid and
binding against such counties, cities, towns and townships
so subscribing or donating in the following manner, viz :
Five per cent, of the amount whenever the company is or-
ganized. Forty -five per cent, when the grading of said Payments in
136 KAILROAD COMPANIES INOOKPORATED.
railroad is done through such county, city, town or town-
ship so subscribing or donating. Twenty -tive per cent,
whenever the bridging and tieing is done on the same as
aforesaid, and the balance when the said railroad is finished
so that a train of cars shall have passed on the same through
such counties, cities, towns or townships. Nor shall any
bonds be issued to pay for such stock so subscribed or do-
nations made, except to pay for the same in installments as
before provided when the conditions aforesaid have been
fully complied with.
Duties of th g 12. It shall be the duty of th« clerk of said townships
townshipcei -3. .^ .^yi^jc}! ^ voto shall have been given for subscription, with-
in ten days' thereafter to transmit to the county clerk of
the county a transcript or statement of the vote given and
the amount voted to be subscribed and the rate of interest
named in the bonds.
Duties of the § 13. It shall.be the duty of the county clerk annually
county clerk, {ijereaftcr to compute and assess upon all the taxable prop-
erty returned by the assessor of each of said townships
which have voted to subscribe, a sufficient sum to pay the
interest on all bonds issued by the respective townships,
which tax shall be extended on the collector's books as other
taxes are, and shall be collected in the same m.anner that
oiher taxes are collected, and when collected shall be paid
into the county treasury as county taxes are paid: Provided^
that when any county refuses or neglects to subscribe to
the capital stock of said company, and any city, town or
township within said county shall subscribe to such stock as
herein authorized, then all taxes assessed, levied and col-
lected for county purposes, upon the real and personal prop-
erty of said corpoi-ation, shall inure to the sole benefit of
the city, town or township so subscribing, and when said
taxes shall have been collected, they shall be passed or
placed by the county treasurer to the credit of such city,
town or township, in proportion to the amount subscribed
taxeJ*^^*^''^^°" °^ ^y each, to be applied in payment of the principal and in-
terest, as the}' may respectively become due, of any and all
bonded indebtedness created by such city, town or town-
ship for railroad purposes ; and when all such indebtedness
shall have been extinguished, then said taxes, so collected,
shall constitute a perpetual fund, subject to the order and
control of the city, town or township entitled thereto, by
virtue of this proviso : Provided^ alioays^ that this shall
not be construed to prevent the levy and collection of state
taxes upon the real and personal property of said corpor-
ation.
Duties of tiie § li. It shall be the duty of the treasurer of such coun-
ccinty treasurer ^.^^ .^ which townships have votcd for said railroad sub-
scriptions, to pay out, upon the presentation to him of the
bonds issued by any townships as aforesaid, the amount
due upon each of said bonds as interest, out of any money
EAILKOAD COMPANIES — INOOEPOKATED. 137
in his hands for tliat purpose, and indorse the payment
up )ii said bond-*, or take such voucher as he may prescribe.
He shall also keep an account with each township of all
money received and paid by him ou account of said town-
ship, which account shall at all times be open to inspection
by all persons wishino^ to examine the same.
§ 15. At all elections for officers, and on all questions Bupervisor to
voted on by the stockholders of said company, the super- ^"®'^^°*^'
visor of the township or townships who may subscribe to
the stock of said company, shall represent and cast the vote
wliicli said stock is entitled to, in person or by lawful proxy ; '
and in case the supervisor is absent or unable to act, and
has not appointed a person to act as proxy, then the town-
ship clerk shall be vested with the same powers as are here-
in given to the supervisor.
§ 16. The said corporation is hereby empowered to pur- Mny purcbape
chase, receive and hold such real estato as may be neces- tate!*"'^ '^^'^^ ''^"
sary and convenient in accomplishing the objects for which
this incorporation is granted, and may, by their agents, en-
gineers or surveyors, enter upon, take possession of and
use all such lands and real estate as may be necessary for
the construction and maintenance of said railroad and the
appendages and accommodations requisite and appertain-
ing thereto; and nay also receive, take and hold all such jjay receive
voluntary grants and donations of lands and real estate as eifi-a. etc.
may be made to said corporation for the purpose aforesaid.
And in case said company shall not be able by purchase or
voluntary cession to acquire the right of way and grounds
for said railroad, appendages and accommodations, a:id
grounds of stone or gravel for the purpose of building, bal-
lasting or repairing the same, or any of them, and the right
of way to such grounds of stone or gravel, said company
aje empowered to take, condemn and use, or otherwise to
lawfully obtain and use the same respectively, under the
provisions of any of the laws of this state now in force in
that behalf, and authorizing the appropriation of lauds for
right of way f )r such purposes.
§ 17. The rights of way and other real estate purchased R'ghtofway.
by said company f »r any of the purposes aforesaid shall be Real estate,
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 obser-
ved to entitle them to such property, also be held by said
company in fee simple.
§ 18. The said company shall have power to borrow May borrow
money on the credit of the company, at a rate of interest ™°°^y-
not exceeding ten per centum per annum, payable 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 ou the whole or any
Vol. 111—18
138
KAILKOAD COMPANIES — mCORPOEATED.
Sale of bonds.
Payment of
bonds, secure.
intersections.
Injury to road,
penalty for.
part of said railroad property, income and franchises of the
company then existina; or thereafter to ba acquired ; and
may annex to said mortgage bunds the privilege of con-
verting the same into the capital stock of the said company
at par, at the option of the holders, if such election be sig-
nihed in writing to the company, three years before the
maturity of such bonds.
§ 19. The directors of said corporation are hereby au-
thorized to negotiate and sell the bonds ot the company at
such times, and in such places, either within or witliout
this state, and at such rates and at such prices, as will in
their opinion best advance the interests of the said com
pany; and if said bonds are so negotiated or sold at a dis-
count, below their par value, such sale shall be as valid and
binding on the said company, in every respect, as if they
were sold or disposed of at their par value.
§ 20. The said company, m securing the payment of
said bonds by mortgage or deed of trust on the road, prop-
erty, income and franchises of said company, shall have
power to execute a mortgage or deed of trust aforesaid, to
secure the payment of the full amount of bonds which the
company, at the time the said mortgage or deed of trust
bears date or at any time ttereafter, desires to sell and dis-
pose of; and may execute and sell, from time to time, such
amount 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 mortgage or deed of trust is executed and sold ; and
the said morrgage and deed of trust shall be as valid and ef-
fectual 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 with said mort-
gage and deed of trust.
§ 21. Whenever it shall be necessary fjr the construc-
tion of said railroad to intersect or cross the track of any
other railroad, or stream of water or water course, road or
liighway, on the route of said railroad, it shall be lawful
for the company to construct their railroad upon the same :
Fr(jvided^ that the said company shall restore the railroad,
stream of water, water course, road or highway, thus in-
tersected or crossed, to its former state or in a sufficient man-
ner not materially to impair its usefulness: And provided^
further^ that said corporation may construct and maintain
a drawbridge or such other kind of bridge across the Illi-
nois river as shall be sufficient ti) subserve the purpose of
said railroad and shall not materially obstruct the naviga-
tion of said rrver.
§ 22. If any person or persons shall willfully or negli-
gently do or cause to be done, any act or acts whatever,
whereby the said railroad, or any part thereof, or any
building, construction or work of said company, or any en-
RAILROAD COMPANIES INCORPORATED. 139
Sfine, machine, structure or matter or thinpj appertaining to
tlie same, shall be stopped, (obstructed, weakened, impair-
ed injured or destroyed, the person or persons so offending
shall forfeit and pay to the said company treble the amount
of the d imao^e sustained bv reason of such offense, to be
recovered with costs of suit in the name of said company,
by action of debt, and such offender or offenders shall be
deemed guilty ol a misdemeanor and be subject to indict-
ment and punished as in other cases.
§ 23. The said compa ly is hereby authorized to unite May unite with
or consolidate its railroad and property with that of any o'^^^^'oads.
other railroad company or companies, whose line or lines
of road may intersect or connect by continuous lines, or at
either terminus ; or it may purcliase, lease, sell, or make
any arrangement it may deem proper with any such rail-
road company, or with any other company whose line of
road may form a continuous line with the railroad hereby
authorized to or from either terminus, and in the event of
consolidation, the companies so consolidating may take
upon themselves any name and style of designation they Change name.
may think proper, and they shall be vested with all powers,
privileges and franchises 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 : Provided, that this eeution shall not be so
construed as to allow any consolidation or arrangement
materially diverting the road herein authorized to be built,
from the line herein contemplated.
§ -2^. The said company may t.ike and transport on said Propelling
railroad any person or persons, merchandise or other prop-
erty by whatever motive or propelling power and force it
may deem proper, and may hx, establish, take and receive
such rates of toll or freight for all passengers and property
transported upon the same, and for the storage of merchan-
dise and other property under their ohaige, a» the directors
from time to time shall establish, 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 all other buildings
and machinery for the accommodation, operation and man-
agement of said i-ailroad.
^, 25. This act shall be deemed a public act, and shall
be favorably construed for all purposes herein declared
and expressed, and shall be in force from and after its
passage.
ApriiovED March 31, 1869.
140 BAILKOAD COMPANIES — INCORPORATED.
In force March AN ACT in relation to the Mount Vernon Railroad Company.
31, 1869.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly, That the
Eiectiona for election held in Jefferson county on the third day of June,
Itock"''*^^""^ ° in the year of our Lord one thousand eight hundred and
sixty-seven, authorizing the county court of said Jefferson
county to subscribe one hundred thousand dollars to the
capital stock of the Mount Yernon Railroad Company and
issue county bonds of said county in payment of buch sub-
scription, is hereby declared to be legal and valid ; and any
defects that may have occurred m the torm of notice of said
election is hereby declared tu be cured, and said county
court is hereby authorized to sell or otherwise dh^pose of its
said subscription in such manner as said court may deem
best.
May borrow § 2. The board of directors of said railroad company
"^'^^®^' are hereby auth')rized to borrow mone}^ for completing and
equipping its railroad, and issue and dispose of its bonds,
with any rate of interest, not exceeding ten per centum,
per annum, and to mortirage the said r .ilioad and any or
all the property and franchises belonging to said company,
Bonds secured or to convev the Same, by deed of trust, to secure the pay-
by deeds trust. j. c t. ^ *. \ • a \ • j t
ment ot any bunds to be is.-ued by said com]:»any, or to
secure the payment of any debt to be contracted by said
company; and the said company is hereby authorized to
mortgage, or sell and convey, or convey by deed of trust,
whatever equitable interest it may have or may hereafter
acquire in the swamp lands of said county, and to place in
pledge or to transfer or otherwise to dispose ot its rigiits to
the county bonds mentioned in the first t-ectiun of this act,
to be issued at the completion of said railroad to Mount
Yernon.
May leaoe or § 3. The board of din ctors of said company are hereby
Bell franchises, authorized to Sell or lease the said railroad to any other
railroad company in this state for running a continuous line,
or making any contract it may deem judicious for the oper-
ating of its said railroad; and any bond, deed, lease or
contract of said com]>any shidl be valid and binding on said
company, when signed by iis presitlent and countersigned
by its secretary, with the corporate seal attached.
s»ie of roadbed § 4. The Sale of the road-bed and, franchises of said
company, under decree of the CJuited States cicuit court
for the southern district of Illinois, is hereby notified, and
all the property, rights and fr^mchises of said railroad com-
pany are declared to be vested in the purchases at said said
sale under said decree, or their assigns,
§ 5. Tliis act is hereby declared tobe>a public law, and
shall take effect from and after its passage.
Approved March 31, 1869.
JBAILROAD COMPANIES ^INCORPOBATED, lil
AN ACT to incorporate the Naples, Exeter and Vandalia Railroad Iq force Marca
Company. 2'J, 1869.
Section 1, Be it enacted hy the People of the State of
Illinois^ represented in the Geveral Assembly^ That corporators.
Thomas Kerner, Elihu Arrnitage, Henry Dresser, John C.
llagler, John R- Woods, George G. Terrv, Charles J3. Jiub-
bard. and Melville Leighton, and their associates, succes-
sors and assigns, are hereby created a body politic and cor-
porate, by the name and style of the "Naples, Exeter and Name and etyie.
V andalia Railroad Company," with perpetual succession ;
and, by that name and style, shall be and are hereby made corporatepow-
capable in law and equity to sue and be sued, plead and be ®^'^-
impleaded, defend and be defended, in all couits of law and
equity in this state or elsewhere ; to make, have and vise a
common seal, and alter the same at pleasure ; and, by that
name and style, shall be capable, in law, of taking, hold-
ing, purchasing, selling, leasing and conveying real estate
and })roport3^, personal and mixed, so far as the same may
be necessary for the purpose hereinafter named, and not
further ; and shall be and are hereby vested with all the
powers, privileges and immunitiss which may be necessary
tu carry into eftl'ct the object and purpose of this act.
§ 2. The said company sb.all have power and authority constrnction
to locate, construct, finish, maintain and operate a railroad, ''^^^'"°^*^' ^''^'
with one or more tracks, and all necetsary side tracks, com-
mencing at Naples, in Scott county, running thence, by Route of road,
way of Exeter, Winchester and Manchester, in Scott county,
tlience, upon the most direct, eligible route, to the town of
Yandalia, in Fayette county, the route to be selected by
said company; and, fur the purpose of constructing the Machinery, etc,
said railroad, said company shall have power to lay out and
establish their said road, in width not exceeding one hun-
dred feet, through the entire length thereof, and, for the
purpose of constructing bridges, dams, embankments, exca-
vations, engine houses, d(i|)ots, station grounds, machine
shops, turn-outs, and all other buildings, fixtures and ap-
pendages necessary and suitable for the construction, alter-
ing, maintaining and operating said road, and also for ob-
taining necesrsary stone, gravel and rails, the said company
may take, use and occupy all necessary lands un either side
of said road in pursuance of law.
§ 3. The said company shall have power to take and Donations.
hold all such voluntary grants and donations of real and
personal property, to aid in the construction, maintaining
and operating said road, and to take sucli conveyances, in
fee or otherwise, to the eomi)any, their successors or assigns ;
and all such property so accpiired or purchased shall become
the property of said company, their successors and assigns,
upon payment of the purchase money in case of purchase,
14:2 RAILROAD 00MPANIE8 INCORPOKATWD.
^ or upon conveyance in case of gift, to the extent of the
proper title.
Surveys and § 4. The Said Company are hereby authorized, by their
examinaiions. engineers, agents and surveyors, to enter upon any land for
the purpose uf making the necessary surveys and examina-
tion of said road, and to enter upon and take and hold all
lands necessary for the constrnction of said road, by first
making just compensation to the owner thereof for damages
that may arise from the appropriation thereof to the uses
aforesaid ; and in case said company cannot obtain title to
the land required by purchase or voluntary cession, then
they may proceed to condemn the same and acquire it un-
der the general laws in force for that purpose.
May borrow § 5. The capital stock of said company shall be one mil-
m.ney. \[q^^ ^f dollars, and may be increased by tiie directors of
said company, from time ti_> time, to any amount necessary
to the completion and equipment of said road. Said stock
shall be divided into shares of one hundred dollars each,
shall be deemed personal property, and to be transferable
in such manner as the company shall provide.
Powers of the § 6. The powcrs of Said company may be vested in a
drtctors. board of directors, not exceeding ten in number, to be
chosen annually by the stockiioldors, who shall hold their
office for one year and till their successors are elected ; and
the company may, by their by-laws, determine the time,
place and manner of electing such directors. The corpora-
tors above named shall act, with all the powers of directors,
till the organizatiim of said company is etfected and direc-
Who entitled tors choseu. And at all elections eacii share shall be enti-
tovote. |.|q^ |.q ^j^g ^,,j-g ^^ ^|jg election of directors, and may be cast
Election of ^^J P^oxy or in person by the owner. Said board shall eh ct
officers. one of their number president of the company, and may
elect all necessary clerks, secretary, treasurer and other offi-
cers, as may be necessary for the transaction of the business
of the C'mpaii}'-, and to till all vacancies that may occur ia
their board until the next election, in such manner as the
board shall provide.
openhooksfor § T. The corporators may cause books to be oj)ened for
Bubscdptiou. subscription to the capital stock, in such manner as a ma-
jority of them shall of record determine.
^vhen act to § 8. The said couipany may be organized and directors
be void- elected, when thirty thousand dollars shall have been sub-
scribed to their capital stock ; and if said company is not
organized and work commenced within ten years from the
<late of approval of this act this charter shall be inoperative
and void.
Privileges. § ^- The Said Company shall be entitled to all the priv-
ileget-, immunities and protection as other railroad compa-
nies in this state are, and shall be subject to all penalties
and restrictions that are or may be provided by general
law.
EAILROAD COMPANIES — INCORPOEATED. 143
8 10. Said corporation shall traripport fire-wood and Articles offered
„ o , '. . . -1 J 1 i-i for transporta-
fue), ot every description, over its railroad, whenever tlie uon.
same shall be offered for transportation, at rates as low as
the rates said company shall charge for the transportation
of other freights of a similar class,
§ 11. This act shall be taken as a public act, and shall
be in force from and after its passage.
Approved March 29, 1869.
ers
AN ACT to incorporate the Oquawka and Geneseo Railroad Company. In force March
26, 1869.
Section 1. Be it enacted hy the Ptojyle of the S'ate of
Illinois, representtd in the General Assembly, Thvit corporators.
S.'lon Ken<iall, George E. Waiis, N. Gaines, Juptin F.
Dreper, Wiight Kidder, Robert Hodson, William H. Phelps
and Edward H. N. Patterson, Robert Moir, John McKin-
ney, jr., Cephas Park, Wm. Hanna, John Rowley, and
their associates, successors and assigns, be and are hereby
created a body corporate, by the name and style of "The Name and style.
Oquawka and Geneseo Railroad Company." Said incorpo-
ration, by that name and style, shall have perpetual succes- j^orporate pow-
sion, have a common seal, alter the same at pleasure ; may
contract and be contracted with, sue and be sued, plead and
be impleaded, defend and be defended, in all courts and
places. Said incorporators shall organize said company,
open books for subscriptions to the stock thereof, and, when
fifty thousand dollars shall be subscribed to said stock, shall
call a meeting of stockholders, who may elect seven direc-
tors; and said directors may elect one of their number
president, and may elect or appoint such other officers as
they shall determine, fix their duties and salaries, and may
make any by-laws, not inconsistent with the laws of this
state. But no person shall be a director, unless he shall, at
the time of his election, be the bo7ia fide owner of five
hundred dollars of the stock of said company.
§ 2. Tiie capital stock of said company shall be one Amount capital
million dollars, to be divided into shares of one hundred
dollars each ; and the directors of said company may in-
crease it to any sum not exceeding twenty-five thousand
dollars per mile of the main line of said road. And said
company, after the subscription of fifty thousand dollars to
the stock of stiid company, may and is hereby authorized to
establish, locate, construct ani operate a railroad, with sin-
gle or double track, from any point on the Chicago, Rock Route of road.
Inland and Pacific Railroad, near Geneseo, to the Carthage
and Burlington Railroad, at any point in Henderson county,
by such route as said directors shall deem most advisable ;
144
RAILROAD COMPANIES INCORPORATED.
may acquire, hold or convey real and personal property, by
said directors deemed necesstuy lur the use of said company;
may condemn the riiiht of way, in accordance with the pro-
visions of the general laws now in force or wliich may
hereafter be in force relating to the condemnation of land
for the purposes of internal improvement.
§ 3. This company, as to rates of freights and passage,
shall be subject to any general law of tliis state now in force
or hereafter to be in force, the same as other railroad com-
panies now in existence, and not otherwise.
§ 4. Said corporation shall transport iire-wood and fuel,
tioD. ''^*°^^°'^''^' of every description, over its railroad, whenever tlie same
shall be offered for transportation, at rates as low as the
rates said company shall charge for the transportation of
other treights of a similar clats.
§ 6. This act shall be a public act, and take effect and
be in force from and after its passage.
Approved March 26, 186y.
Transportation
of freight.
Articles offered
In force March
26, 18(J9.
AN ACT to incorporate the Paris and Danville Railroad Company.
Corporate pow
ers.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly, That James
Corporators. A. Eads, William Kile, C. W. Leving?, John W. Black-
burn, John Ten brook, N. B. Stage, Allen Varner, John L.
Tincher, L, L. Davis, Sansfield Clark, Benjamin Canaday,
Samuel Scott, and Simpson Thompson, and their associates,
successors and assigns, are hereby created a body politic
Name and style, and Corporate, by the name and style of "The Pans and
Danville Railroad Company," with perpetual succession ;
and, by that name, be and are hereby made capable, in
law and equity, to sue and be sued, plead and be impleaded,
defend and be defended, in any court of law and equity in
this state or in any other place ; to make and use a common
seal, and to alter or renew the same at pleasure ; and shall
be and are hereby vested with all powers, privileges and
immunities which are or rnay be necessary to carry into
effect the purposes and objects of this act, as hereinafter
set forth ; and said compiUiy are hereby authorized and
empowered to locate, construct and complete a railroad,
with a sina;le or double track, from a point in the town of
Paris, in Edgar county, to the city of Danville, in the
Route of road. C(junty of Yermilion, by the most eligible route. Said
company shall, also, have power to extend, construct, and
equip the line of their said road, to a point at or near the
city of Vincennes, in the state of Indiana, upon the most
practicable route, upon the same terms, and with like
EAILROAD COMPANIES — INCORPORATED. 145
powers as they are hereby authorized to construct the
same to Danville, whenever an amount shall be subscribed
to the capital stock of said company for that purpose which,
in the judo^tnent of the board of directors, shall be suficient
for that purpose ; and, fur this purpose, the said company Locatiou of
are authorized to lay out and locate their said road, not ex- '■"'''^•
ceeding one hundred feet in width, through the whole length
of said route, and for the purpose of cuttings or embank-
ments, stone or gravel, or other material, may take and
appropriate as much more land as may be necessary for the
construction and security of said road.
§ 2. The capital stock of said compan}' shall be one Amount capital
million of dollars, which may be increased to any amount ®'°'^^'
not exceeding the actual or estimated cost of construction
and equipment of said road, to be divided, into shares of
one hundred dollars each. AH the corporate powers of
said company shall be vested in and exercised by a board of
not less than five, nor more than thirteen directors, who
shall be chosen by the stockholders of said company in Ihc
manner hereinafter provided, who shall hold their offices for
one year or until their successors shall be elected and quali-
fied ; and said directors, or a majority of them, shall form a
quorum for the transaction of business ; shall elect one of
their number president of the company ; and said board of
directors shall have power to appoint all necessary clerks,
secretary, treasurer, and all other officers deemed necessary
in the transaction of the business of said company.
§ 3. Said corporation is hereby authorized, by their surveys and
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 where-
on to construct their said railroad; and it shall be lawful
for said company to enter upon and take possession of and
use all such lands and real estate as will or may be necea- coudemuiand.
sary for the construction and maintenance of the said rail-
road, its depots, sidings, water stations, engine houses,
machine shops, and such other buildings and appendages
as are or may be necessary for the construction and use of
said road : Provided,, all lands or real estate entered upon
or taken possession of by said corporation, for the use and
accommodation of said railroad, or upon which the site of
the same shall have been located or determined by said cor-
poration, shall be paid for by said company in damages, if payments for
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 corpora-
tion, which are not donated to said company, shall be paid
for by said corporation at such prices as may be mutually
agreed upon between the said corporation and the owner or
owners of such lands ; and, in case of disagreement, the
price shall be estimated, fixed and recovered in the manner
VoL 111—19
land tiiken.
146 EAILROAD COMPANIES — INCORPOKATED.
provided by the general laws now in force or which may
hereafter be in force, providing for condemnation of land
for purposes oi internal improvement.
iDjm-y to road, § ^. If Buy pcrson shall willfully, maliciously, or wan-
penaity lor. tonly obstruct the passage of any car on said railroad, or
any part thereof, or anything belonging thereto, or shall
damage or destroy any part of the said road, implements,
or buildings, he, she or they, or any person, confederate or
assisting, shall forfeit and pay to said company, for each
offense, treble the amount of damages that shall be proven
to have been sustained, which may be sued for in the
name and behalf of said company; and such offender or
offenders shall be deemed guilty of a mi&d.emeanor, 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 committed, and, upon conviction, every
such offender shall be liable to a tine not exceeding five
thousand dollars for the use of the county where such in-
dictment may be found, and may be imprisoned in the
county jail for any time, not exceeding six months, at the
discretion of the court.
Open books loi- § 5. The persons named in the first section of this act
snbscriptiun. ^j,q j^ereby 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 company, at such
time and places as they may deem proper ; also to appoint
one or more agents to open such books and receive such
Meeting of tue subscriptions ; and whenever fifty thousand dollars shall be
subscribed, the said commissioners may call a meeting, by
consent of all or a majority of the stockholders, by giving
ten days' notice in some newspaper printed in Danville and
Paris, or, by giving personal notice of 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 and qualified, the said com-
missioners shall deliver the subscription books, papers and
all moneys and assets belonging to said corporation in their
hands or in the hands of their agents, as commissioners, to
said directors ; and no person shall be a director unless he
is a bona fide stockholder in said company.
Additional § 7. The directors of said company, after the same is
subacriptions. Qj-gauized, are hereby empowered to take and receive sub-
scriptions to their capital stock, on such terms and in such
amounts as they may deem for the interests of said com-
pany and as they prescribe by their by-laws and regulations,
from individuals, from any other railroad or corporation, or
from any county, town or village, township or city, making
the same ; and may acquire, by donation, stock subscrip-
tion or purchase, and dispose of and convey real estate,
mineral and coal lands.
RAILKOAD COMPANIES — INCORPOEATED. 147
§ 8. The several counties in which any ])art of said coimiie« may
railroad has or may hereafter be located or that may lie on ''"'^"^''°'' ""^
or near the line of said road, and the several townships in
said counties which have adopted or may hereafter adopt
township organization, and the cities and incorporated
towns in said counties, are hereby authorized to subscribe
and take stock in said company.
§ 9. Elections may be held in any such county, town- Towns and
ship or city or incorporated town upon the question whether ^to'c^.™^^
such county, township, city or town shall subscribe for any
specified amount of said stock of said company, not exceed-
ing one hundred thousand dollars ; and elections shall 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 sub-
scribed the full amount authorized by this act.
§ 10. Whenever a petition shall be presented to the Petition for
county clerk, signed by fifty legal voters of any g^ch "'''°"^'^''^*^'"°"
county, setting forth the amount of stock proposed to be
taken by 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 thirty days' notice of the time of hold-
ing such election, which shall be the same time as that
specified in such petition ; and whenever a petition shall
be presented to the supervisor of any such township, or to
the corporate authorities of any such city or towu, signed
by tv/enty-five legal voters of any such township, city or
town, setting forth the amount of stock proposed to be Notice of eiec-
taken by any such township, city or town, and specifying
the time for holding such election, it shall be the duty of
the supervisor of every such township and the duty of the
clerk of every such city or town, to give thirty 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
the same manner, and such election or elections shall 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 qualified . ^"^'™!'''^^'^ *■"
voters of the respective counties, townships, cities and
towns, shall vote " For subscription" or "Against subscrip-
tion ;" and the returns of such election or elections shall be
made to the county clerk, in the same manner and within
the same time and shall be by him opened and declared in
the same manner as for elections held for state and county
officers; and if a majority of the votes cast at such election,
by voters voting on that subject, shall be "for subscription,"
it shall be the duty of the county court, or board of super- ^o'l^n'y'conrt'^'^
visors 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 re-
148 EATLEOAD COMPANIES — INCOEPOKATED.
quest of said compan j, to the amount so voted for, and to
issue and deliver to said company the same amounts as the
stock so subscribed of the bonds of such county, township,
city or town, as the case may be, payable at any time speci-
tied, not exceeding fifteen years from date, or sooner, at the
option of the county, township, city or town issuing the same,
with interest, by coupons attached for the same, at a rate
of interest not exceeding ten per cent, per annum, payable
annually, which said bonds and interest accruing thereon
shall be made payable at such place within the United
States as said company may request : Provided^ that at
any election held under the provisions of this act at any
other time than the time for holding the general elections
Registrntiouof for state and county purposes, it shall not be necessary for
the several boards of registrv to make a new register of the
several voting precincts, but the register made of the legal
voters at the last general election held for the election of
state or county officers may be used : Frovlded, any legal
voter, whose name does not appear on said register, shall
be received and taken in the same manner that unregistered
legal voter's votes are received at any general election.
Special tax to § 11. It shall be the duty of the respective authorities
pay interest. ^^ |.]jy Several counties, townships, cities and towns, which
may vote such subscription, and they are hereby required,
to levy and collect a sufficient special tax, on all the taxa-
ble propert}'-, both real and personal, in such'^counties,
townships, cities and towns, to pay the interest, annually
accruing on such bonds, and to liquidate the principal of
said bonds, within the time specified in the same for their
payment; and this provision shall aj)ply as well to any
vote taken by any county, township, city or town, on the
line of said railroad, for taking stock in the same previous
to the passage of this act, as for stock taken under the pro-
visions of this acfc. Said tax shall be levied on the assess-
ments made by the assessors of their respective counties,
townships, cities and towns, as provided by the revenue
laws of this state for assessing property, and shall be ex-
tended on the collector's books of such county, township,
city or town as a special railroad tax, and collected by the
respective collectors of such counties, townships, cities and
towns," at the same time and in the same manner as pro-
Taxnp pud to vidcd by law for collecting state and county tax ; which said
coiintytrcasurer ^^^ ^j^^j^ ^^ p^.^, ^^ ^^^ respectivc collectors to the county
treasurer of the county in which the tax is collected, de-
Liai)iiity of (jncting therefrom one percent, only for collecting; and
conn y leasurei ^^^^ ^^^^ county treasurers shall be, respectively, liable on
their bonds for the faithful application of said tax to the
jxayment of the interest and principal of the bonds for
which said tax was levied and collected to pay, and shall
receive therefor, in full compensation, a commission of one
per cent, only, for receiving and paying out said tax. The
RAILROAD COMPANIE&— INOORPOEATED, 149
corporate authorities of the respective counties and Rate of taxa-
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 clerk shall extend on the
collector's books for such county or township, as a special
railroad tax, at the rate so certified, for each year, in the
same manner and on all the property on which the state
and county tax is extended, and shall receive the same
pay therefor as for like services for state and county pur-
poses ; and the respective authorities of such cities and
towns shall levy and collect such special railroad tax in the Levy Bpedaitax
same manner as other tax is levied and collected in and
for such cities and towns : Frovided^ that in case the
said authorities for any such county, township city or in-
corporated town shall fail to certify to such clerk the rate
per' cent, to be levied for any year before the time required
by law for said clerk to extend state and county tax, or
shall certify to a less amount than will pay the same, then
the said county clerk shall extend such tax as will pay the
interest and principal due for such year on all such bonds
80 issued by the respective counties, townships, cities and
incorporated towns.
§ 12. The right of way and the real estate purchased Rigiit of way.
for the same or for other purposes by the company, by mu- Real estate,
tual agreement or otherwise, or shall become the property
of the company by operation of law, as in this act provided,
shall, upon payment of the amounts of money belonging to
the owner or owners of said lands, as a compensation for
the same, become the property of the company, in fee
simple.
§ 13. The said corporation may take and transport on p^^g/''"'^®"*°=
said road any person or persons, live animals or merchan-
dise or freight, by the power of steam or animals, or any
kind or combination of power, and may fix and establish,
take and receive such toll for all passengers and property
transported upon the same as the directors shall, from time
to time, establish ; and the directors are hereby empowered
to make and establish all bylaws, rules and regulations
necessary to carry out the provisions of this act, and for the
transfer of its stock, which is hereby declared personal
property, and transferable only as provided for in the said
by-laws of the company.
§ 14. In case of death, resignation, or removal of any vacancies, how
ofticer or director of this company, at any time, such vacan-
cy shall be tilled by the board of directors for the remain-
der of the term for which said officer or director was elect-
ed or appointed ; and in case that any election should not
be had or made on the day which in pursuance of this act
it ought to be made or held, the said corporation for that
cause shall not be deemed dissolved, but Buch election shall
filled.
150 EAILEOAD OOMPANIES— INCOEPOEATED.
be held at any other time directed by the by-laws of the
company or corporation,
inter&ecuons, § ^^ Whenever it shall be necessary for the construc-
tion of the road to intersect or cross the track of any other
railroad, or stream of water or water course, road or high-
way, on the route of said railroad, it shall be lawful for
said company to construct their railroad across or upon the
same : Fromded^ that said railroad shall restore such
stream of water, water course or highway thus intersected or
crossed to its former state, or in sufficient manner not to
impair its usefulness materially.
May iinitp with § 16. It is hereby made lawful for Said corporation, by
other ro:\ b. ^^^ \^\i\\ the couscut of the owncrs of at least three-fourths
of the capital stock of said company, to unite or consoli-
date its railroad stock and property with that of any other
railroad company or companies within this or any other
state, whose line of road may cross, intersect or connect
with the road hereby authorized to be built, or near the line
thereof, upon such tenns as may be made between this com-
pany and any other, and, for such purpose, full power is
hereby given to said company to make and execute such
contracts with any other company or companies as will se-
cure the objects of such connection or consolidations ; and
such consolidating companies shall have authority and are
hereby authorized to avail themselves of any and all the
provisions of an act, entitled " An act to authorize railroad
and plank road companies to consolidate their stock," ap-
proved February 2Sth, 185i.
May boiTow § 17. That Said railroad company, by this act incorpo-
™°"''^" rated, 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 semiannually, and may execute bonds therefor,
_ BoiKismayhe with interest coupous thereto annexed, and secure the pay-
teresfcJnpoDs!" ment of the same by mortgage on the whole, or any part
thereof of the said railroad property and income of the
same, 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 signified, in
writing,,to the company, three yeara before the maturity of
said bonds.
May negotiate § IS. That the directors of said company be and they
are hereby authorized to negotiate and sell bonds of said
company, at such times and in such places, either within or
witliout this state, and at such rates and for such prices as
in their opinion will best advance the interests of the corn-
Mortgage valid, pany ; 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.
EAILKOAD COMPANIES — INOOKPOKATEI). 161
§ 19 That the said company, in securing the paymeutJsaue of bonds,
of said bonds, by a mortgage on the road property or in- security.
come of the company, shall have power to execute a mort-
gage atoresaid, to secure the full amount of bonds which the
company may at the time the said mortgage 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 the company may deem advisable, until
the whole amount of bonds which the company may issue
under this charter be issued and sold ; and the said mort- Mortgage valid
gage shall be as valid and effectual 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 with said mortgage.
§ 20. Said corporation shall transport fire wood and Trausportation.
fuel, of every description, over its railroad, whenever the
same shall bo offered for transportation, at rates as low as
the rates said company 6ha*ll charge for the transportation
of other freights of a similar class.
§ 21. This act shall be deemed a public act, and is
hereby so declared, and shall be favorably construed for all
purposes herein expressed and declared, in all courts and
places whatsoever, and shall be in force from and after its
passage.
Appkoved March 26, 1S69.
AN AOT to incorporate the Paua, Carlinvillo, Carrollton ami Clarksville In force Marcb
Railroad ConipaHy. ^^> ■'^**'^-
Section 1. Be it enacted by the Peaple of the State of
Illinois^ represented in the General Assembly^ That John corporators.
S. Hayward, Asaph C. Yanderwater, Josiah Whipple,
Bayless W. Hanna, K. C. Smalley, David M. Woodson,
Daved Pierson, Henry L. Clay, Alvis Sharp, Charles W.
Wier, James M. Cain, William II. Keed, and John O.
lloberts, 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 Pana, Name and style.
Carlinvillo, Carrollton and Clarksville Ilailroad Conpany,"
with perpetual succession; and by that name and style corponitc pow-
shall be capable, in law or ecpiity, of suing and being sued, ""
of pleading and being impleaded,'! in any suit in law or
equity in this state, and of taking, purchasing, holding,
leasing, selling and conveying estate or property, whether
real or personal or mixed, so far as the same may be neces-
sary for the purposes hereinafter mentioned ;" and may
have a common seal, and the same alter and renew at
ers.
162 RAILROAD COMPANIES — INCORPORATED.
pleasure ; and may have and exercise all the powers, rights,
privileges and immunities which are or may be necessary
or proper to carry into effect the purposes and objects of
this act.
Construction of | 2. The Said railroad company shall have full power
'°* and authority to locate, construct, finish and maintain a
railroad, with one or more tracks, from some suitable point
Kont9 of road, on the Tcrrc Haute, Alton and St. Louis Kailroad, at or
near the town of Pana, in the county of Christian, state of
Illinois, and running from thence through Carlinville, in
Macoupin county, and Carrollton, in Greene count}'', Illinois,
upon the most eligible route, through Calhoun county,
Illinois, to a point on the east bank of the Mississippi river,
opposite the city of Clarksville or Louisiana, in Pike coun-
ty, Missouri, and to transport, take and carry property and
Machinery, etc. persous upou Said railroad, by power or force of steam or
any mechanical or other ]30wer or combination of them,
which said company may choose to apply ; and for the pur-
pose of constructing said railroad, said company shall have
authority to lay out, designate and establish their road, in
width not exceeding one hundred feet, through the entire
May enter upon line thereof, and may take and appropriate to their own
and take land. ^^^^ ^j-^ g.^^j^ lauds, SO designated for the line and construc-
tion of said road, upon payment or tendering therefor the
amount of damages that shall be ascertained by appraisal,
in the manner hereinafter provided, on all such lands or
premises as may be taken for any track or tracks upon
which said road may be located ; and for the purpose of
cuttings, embankments, spoil banks, and of obtaining stone,
gravel or other material of a like nature, may take and ap-
propriate as much more land as may be necessary for the
proper construction, maintenance and security of said road ;
and for constructing shops, depots and other suitable
iixtures, as appurtenant to said road, may take, have, hold
and use any lands on either or both sides of said road, as
may be deemed necessary. Said company may take all
such lands as gifts or purchases or by making compensation
as licreinafter provided.
Amount capi- § 3. The Capital stock of said company shall be one
tai stock. million dollars and maybe increased to such an amount
as may bo required to complete and operate said railroad,
to be divided into shares of one hundred dollars each,
which shall be deemed personal property, and may be is-
sued, transferred and registered in such manner and at such
places as may be prescribed by said company, who shall,
also, prescribe the time and manner in which all subscrip-
tions of stock may be made and paid ; and may authorize
and conduct all actions and suits at law or equity, for the
recovery of such subscription or installments, or portions
thereof, as they may deem necessary ; and may, in addition,
declare all stock upon which an installment is due and un-
EAILKOAD COMPANIES — INCOEPOEATED. 163
paid forfeited, and the same may be transferred, either to stock shares
said company or to any purchaser thereof, which proceed- traneferahie.
ing may be had upon and after such notice and the expira-
tion of such time as may be provided for by the said com-
pany throuj;]i the board of directors.
§ 4. The immediate government and direction of said Directors to
company shall be vested in not less than nine nor more "^*°"s®
than thirteen directors, who shall be chosen by the stock-
holders of said company in the manner herein provided,
who shall hold their office for one year after their election
and until others shall bo duly elected and qualified to take
their jjlaces as directors ; and the said directors, a majority ^
of whom shall form a quorum for the transaction of busi-
ness, shall elect one of their number to be president of the
company. The said board of directors shall have power to Appointment
• i."^ n T 1 L ^ 1 ii ofofflcers.
appomt all necessary clerks, secretary, treasurer and other
othcers and servants, necessary in the transaction of the
business of said corporation. Said board of directors shall
fix the time and place for holding the annual election of di-
rectors ; and the directors are hereby authorized and em.-
powered to make all necessary rules, 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 per-
sonal property, and transferable in such manner as shall be ocuerai pottws
provided for by the by-laws and ordinances of said corpora-
tion. And it shall be lawful for the directors of said com-
pany to alter or amend said by-laws, and change the time
and place of the annual election of directors, whenever in
their judgment it may be deemed advisable. They shall Kates of faro.
have the power, from time to time, to fix, establish, take
and receive such rates of toll, for the transportation of all
passengers and property, as they may deem proper for
the interest of said corporation.
S 5. The said corporation is hereby authorized, by smvoya and
,1 ". , ^ T . , -^ 1 • examinations.
their agents, surveyors and engineers, to cause such exami-
nation and surveys to be made of the ground and country
between the points hereinbefore named, as shall be neces-
sary to determine the most advantageous route for the
proper line or course whereon to construct their said rail-
road ; 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 this said railroad : Provided, that all
lands or real estate entered upon and taken possession <^'°™p,^"J'**JJ'*
of and used by said corporation, for the purposes and
accommodation of said railroad, or upon which the site
for said railroad shall have been located or determined by
the said corporation, shall be paid for by said company in
damages, if any be sustained by the owner or owners there
Yol. 111-20
154: RAILROAD COMPANIES — INCORPORATED.
of, by the use of the same for the purposes of the said rail-
road. And all lands entered upon, and taken for the use
of said corporation, which are not donated to said company,
shall be obtained and paid for in the manner provided by
the general laws now in force or which may hereafter be in
force, providing for the condemnation of land for purposes
of internal improvement.
Privileges. § 6. The Said corporation may construct their road on
or across any navigable stream of water, water course, road
or highway, railroad, or canal or street or dyke, levee or
alley, in any city or town, which the route of its road shall
intersect ; but the corporation shall restore the water course,
road or highway, railroad or canal, dyke, street, levee or
alley, thus intersected, to its former state or in a sufficient
manner not to have materially impaired its usefulness.
May ciiange Whenever the route of said railroad shall intersect any road
or highway, railroad, street, levee, dyke or alley, the said
corporation shall have power to change the line or grade of
same, if such change be desirable, and shall not impair
their usefullness ; and said corporation may take such ad-
ditional lands or real estate, for the construction of such
road, highway, railroad, street, levee, dyke or alley or wa-
ter course, as may be deemed requisite by said corporation.
Unless the land so taken shall be voluntarily given, com-
pensation therefor shall be ascertained in the manner as
provided for obtaining the right of way in this act, and duly
made by the said corporation to the owner or persons in-
terested in such lands — the same, when so taken, to become
part of such intersecting road, highway, railroad, canal,
street, dyke or alley, or water course, in such manner and
by such time as the adjacent parts of the same highway,
railroad, road, street or alley, may be held for highway or
other purpose.
Right of way. § 7. That in all proceedings to be had for right of way
or condemnation of real estate, for any purpose, to the use
of said railroad corporation, after any assessment or non-as-
scsssment of damages in the premises, by commissioners or
appraisers, and any appeal or other proceedings in the premi-
ses by either party, the said company may proceed with this
enterprise, if they will give bond and security in a sufficient
amount, to be approved by the clerk of the circuit court of
the proper county, conditioned to pay to the owner or own-
ers of such real estate all costs and damages that may here-
after be legally taxed and assessed in the premises against
said coporation.
Injury to road, § 8. If any person shall willfully, maliciously or wan-
pena .y oi. ^only and contrary to law obstruct the passage of any car
on said railroad, or any part thereof, or anything belong-
ing thereto, or shall damage, break or destroy any part of
the said railroad or implements or buildings, he, she or
they or any person assisting, shall forfeit and pay to said
KAILROAU COMPANIES — INCOltrORATED. 155
company, for every such offense, treble the amount of
damages that shall be proved before competent conrt has
been sustained, and be sued for in the name and behalf of
said company; and such offender or oifenders shall be
deemed guilty of a misdemeanor, and. shall be liable to in-
dictment in the same manner as other indictments are found ,
in any county or counties where such oflense shall have
been committed ; and upon conviction, every such offend-
er shall be liable to a fine, not exceeding five thousand
dollars, for the use of the county where such indictment
may be found.
§ 9. The time of holding the annual meeting of said j^gg"""''' ^^''t-
company for the election of directors shall|be fixed and de-
termined by the by-laws of said company ; aud at all meet-
ings each stockholder shall be entitled to vote, in ])erson
or by lawful proxy, one vote fur each share of stock he or
she "or they may hold, hona fide, in said company ; and 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 have been held, the said corporation shall not
for that cause be deemed dissolved, but such election shall
be held at such subsequent time as the majority of the di-
rectors may appoint.
§ 10. In case of removal, death or resignation of the Jac^'^'^"es,how
president or any director, at any time between the annual
elections, such vacancy may be filled for the remainder of
the year, whenever they may happen, by the board of di-
rectors ; and in case of absence of the president and vice-
president, the board of directors shall have jDOwer to ap-
point a president pro tempore, who shall have and exercise
such powers and functions as the by-laws of the said cor-
poration may provide.
^ 11. The persons named in the first section of this act commissioners
",, '.,1 •• 1 • -L ,. to pi-ocnre sub-
are hereby appomted commissioners, who, or a majority of scnptions.
whom are authorized to open subscription books for said
capital stock, at such ]pl aces as they may deem proper; and
the said commissioners may require each subscriber to pay
five dollars on each share subscribed at the time of sub-
scribing ; and whenever one hundred thousand dollars
shall be subscribed, the said commissioners shall call a
meeting of the stockholders, by giving thirty days notice in
one or more of the newspapers printed in the counties of
Christian, Montgomery, Macoupin and Greena : and at such Election of
meetings 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 subscrip-
tion books, with all sums of money received by them under
the provisions of this act as said commissioners, to said di-
rectors. jSTo person shall be a director in said company,
unless he shall own at least five shares of the capital stock
o\' the company.
15G ItAILEOAD OOMPANIBS — INCOKFOKATBD.
Organization § 12 The directors of said company, after the same ia
Tested powers, oi'ganized, shall be vested with the same powers expressed
in the preceding section of this act, to open or continue
open the subscription books, and to fill up the additional
amount of stock, or any part thereof, at such times as they
may deem it for the interest of said company ; and all the
installments required to be paid on the stock originally
subscribed or to be taken, and what may be taken to in-
crease said capital, shall be paid at such times and in such
lucreasoofcap- suuis as Said dircctors may prescribe; and the capital stock
itai stock. QJ gj^'^ company may be increased, from time to time, by
new subscriptions, if such increase shall be found necessary
to fulfill the intention of this act, upon the directors for the
time being giving the notice as herein required previous
to the opening the subscription books for the original stock
herein, and that all stock of said corporation shall be
deemed personal property, and transferable in such man-
ner as the said corporation shall by its by-laws provide.
Time and place § 13. That it shall be lawful for the directors to require
or snbscrjption payment of the suuis subscribed to the capital stock at
such times and in such proportions and on such conditions
as they shall deem fit to secure the interests of this act, un-
der the penalty of the forfeiture of all previous payments
thereon, and shall give notice of the payments thus re-
quired and of the place and time when and where the same
aie to be paid, at least thirty days previous to the payment
of the same, in one or more of the newspapers published in
the several counties of this state through which the said
railroad is to be constructed, and said publication shall be
deemed sufficient notice to each subscriber to the capital
stock of the company.
Mayunitewith 8 14-, That it shall be lawful for said company, by and
with the consent of the owners of three-fourths of the capi-
tal stock of said company, to unite with any other railroad
company which may have been or may hereafter be incor-
porated by this state, and to grant any such company or
companies the right to construct and use all or any por-
tion of the road hereby authorized to be constructed, also
the right to sell, lease or convey the same, or any part
thereof, to said company or companies, or consolidate its
stock therewith, and place the management and control of
the same under such board of directors, upon such terms as
may be mutually agreed upon between the said railroad
Lease or sell companios ; and fall power is hereby given to the corpora-
*'''^''- tiou created by this act, by its board of directors and duly
authorized agents, to sell, transfer or convey, by mortgage,
or otherwise, as may be deemed for the interest of the com-
pany, any ])art or all of said railroad property ; and all
such sales, transfers, conveyances, mortgages, shall be bind-
ing and valid and of full etlect, in law and equity; and the
directors, in tUeir discretion, may incorporate a condition
KAILEOAD COMPANIES — INCORPORATED. 157
in the mortgage bonds which they are authorized to issue,
by which the holder or holders of such bonds shall have
the right to vote at all election of directors for said com-
pany, upon such conditions as may be deemed expedient
by said directors.
§ 15. That in case said corporation shall hereafter make Morignges.
and execute any mortgage or mortgages or other convey-
ances of all or any part of their said railroad and the same
shall thereafter be foreclosed and sold by any proceedings
in law or equity, or in pursuance of a power or powers in
such mortgage or mortgages contained, or by. the exercise
of the said authorities, the purchaser or purchasers of the
same, or their survivors or survivor, or they or he and his
associates, or their or his assigns, may form a corporation,
by tiling in the office of the secretary of state, under their
or his signatures, a certificate, specifying the name of said
corporation, the number of directors, and the period of
their services, not exceeding two years, the amount of
original capital, and the number of shares into which such
capital is to be divided ; and thereupon the person or per-
sons who shall have signed such certificate shall b^ a body certiflcate of
politic and corpoi-ate, by the name stated in such certificate ; ^^^^^'^'■^•
and a copy of such certificate, attested by the signature of
the secretary of state or his deputy, under seal of state,
shall, in all courts and places, be evidence of the due forma-
tion and existence of the said corporation and of the facts
in the said certificate stated ; and the corporation, in pursu-
ance thereof, shall have and enjoy all the rights, privileges,
immunities and franchises granted to or belonging to the
original corporation formed under this act.
§ 16. The said company shall carry and transport the Traijsportation
mails of the United States, on such terms as may be agreed °' ™^^'^'
upon, and all such freights and passengers as may be of-
fered, if required so to do, on the terms usual with like rail-
road companies.
§ 17. The corporate authorities of any town now incor- Towns nrd
porated or that may hereafter be incorporated, situated at stclk. '""^ '''^''
either end or on the line of the railroad hereby contem-
plated, or within two miles thereof, as the same may be
surveyed and located, may order an election or elections to Election.
be held in such town, by the legal voters thereof, upon the
question whether such town, in its corporate capacity, will
or will not subscribe to the capital stock of the said railroad
company any sum, not exceding fifty thousand dollars.
And. in case any such election shall beheld, the same shall
be conducted as the town elections : Provided, that no less Noticeofe.-ec-
than thirty days' notice of such election shall be given in *'°°-
the manner now prescribed by law prior to the 'holding
thereof. And if, at any such election, a majority of the
voters voting shall be in favor of making such subscription,
the provisions of the general laws relating to subscriptions
158 RAILROAD COMPANIES — INCORPORATED.
by counties or cities to the capital stock of railroad compa-
nies shall apply to and govern the corporate authorities of
such town in making such subscriptioDS, so far as the same
Application of is applicable, and in all the subsequent proceedings rela-
general laws, tiug thereto ; and the rights of such town against said com-
pany shall be the same, with the like remedies to enforce
such rights as the rights and remedies of counties in cases of
county subscriptions.
Guaranty capi- § 18. The Said corporation are hereby authorized to is-
tai subscription g^^^ prefcrcd stock, guaranteeing such rate of interest, not
exceeding ten per cent, per annum, or with such priority
over the remaining stock of such corporation, in the pay-
ment of dividends, as the directors of said corporation may
determine.
Default of pay. § 19. Said Corporation may maintain suits against
'"™*' stockholders for the non-payment of capital stock or for any
Suits iusiituted. other demands or claims against other persons in any coun-
ty through which their road passes; and no stockholder or
other person interested in the a&'airs of said corporation
shall be incompetent to testify as a witness or act in any
ministerfal capacity in any proceeding, legal or otherwise,
where the said corporation may be a party.
May borrow § 20. The Said Corporation is hereby authorized, from
^°^^'^- time to time, to borrow such sums of money on the credit
of the corporation as may be necessary for completing, fur-
nishing or operating their said railroad, or for any other
purpose connected therewith, at a rate of interest not ex-
ceeding ten per cent., per annum, payable annually or
semi-annually, and may execute bonds therefor, with in-
terest coupons thereto annexed, and secure the payment of
the same by mortgage on the whole or any part of their
said railroad and corporate property, franchises and income
of said corporation then existing or thereafter to be ac-
Bondsmaybo quircd ; and may annex to said mortgage bonds the privi-
capi'taf^t\)ck"'^° ^^S^ of Converting the same into the capital stock of the
corporation, at par, at the option of the [holders of [?], such
election to be signified in writing, to the corporation, at
any time not exceeding live years from the date thereof.
Payment of '^^^^ ^'^^^ bouds and interest may be made payable, either
bonds. within or without this state ; and if the payment of the
moneys thereby secured shall afterv\^ards be enforced by a
sale of the property thus conveyed by mortgage, such sale
shall convey to the purchaser or purchasers the right to
liold and exercise the said franchises as fully as the same rigiit
was possessed b}'' said corporation ; and in any case where
the rolling stock, equipments and other personal property
of said corporation, or any part thereof, shall be included
in any mortgage, as aforesaid, the said mortgage shall be
acknowledged by said corporation, in the same manner,
and recorded as provided by law, shall be as binding upon
the said corporation, and have the same force and efi'ect, in
RAILROAD COMPANIES INCORPORATED. 159
every respect, as if the same were upon real estate alone,
any law of this state to the contrary notwithstanding.
§ 21. That the directors of said corporation be and saie of bonds,
they are hereby authorized to negotiate and sell the bonds
of the said corporation, at such times and in sucli places,
cither within or without this state, and at such rates and
I'ur such prices as in their opinion will best advance the in-
terests of the corporation ; and if such bonds are thus ne-
gotiated or sold at a discount below their par value such
sale shall be as valid and binding on the company, in ev-
ery respect, as if they were sold or deposited at their par
vahie.
§ 22. The said company is hereby authorized to sell property in fee
and convey, by deed, in fee simple, all lands, town lots or ^™p'e.
other real estate belonging to or acquired by said corpora-
tion or which may hereafter be acquired, by purchase, do-
nation or otherwise, which, in the judgment of the board of
directors, is not needed for the purposes of the corporation ;
and all such conveyances shall be made in the corporate
name and under the seal of said corporation.
§ 23. The said corporation is hereby authorized and Bridge over
empowered to construct, erect and maintain a bridge across ^'imois "ver.
and over the Illinois river, at any point where their said
railroad might strike the same, and, for that j)i-irpo8e, to
construct and erect in said river all necessary abutments
and piers, to keep up and support the said road and bridge :
Provided, .that there shall be left and always kept open
between two of said piers a space, embracing the main
channel of said river, at the place of crossing, of sufficient
width for the passage of steamboats and other craft navi-
gating said river, with a draw so constructed as not mate-
rially to obstruct the navigation of said river by steamboats
and other craft navigating said river: Aoid, provided, fur-
ther, that said bridge shall be used only for the business of special uae of.
said railroad ; and the said company shall not be permitted
to use the same or at any time to take or receive any tolls
or compensation for the ordinary travel and passage of
teams, persons or property over said bridge.
§ 24. The board of directors of said railroad company construction
shall have power and authority to provide, in their by-laws, divistons^^ '°
if in their discretion they shall think proper to do so, for the
construuctiouof said railroad, by divisions, and to construct
those parts or portions only which its directors shall think
most expedient for the interest of said company : Provided^
that the construction of no division shall be undertaken,
as a division, until the sum of five thousand dollars per
mile shall have been subscribed, bona fide, to such di-
vision.
^ 25. The said corporation is hereby authorized and Erect bridtre
empowered to build, maintain and use a railroad bridge river,
over that portion of the Mississippi river within the juris-
160 KAILKOAD COMPANIES — INCOEPOKATED.
diction of the state of Illinois, at a point opposite the city
of Clarksville, Pike county, Missouri, or such point as may
be necessary to intei'sect with any railroad chartered by the
state of Missouri, through Pike county, in that state: Pro-
vided^ that said bridge shall be constructed in such man-
ner as not to obstruct or interfere with the free naviga-
tion of said river, and to connect with said railroad in the
state of Missouri, but the said company shall possess
all the usual privileges of the general laws of the state.
Towns and § 26. Any incorporated city, town or county, on or
Btock."^"^^ ^^"^"^ Ji^^ar the line of said railroad, may subscribe to the capital
stock of said company any sum, not exceeding two hundred
Interest bonds, thousand doUars, and may issue bonds, in denominations
of not less than one hundred dollars, bearing interest at the
rate of not exceeding ten per centum per annum, payable
annually, which bonds may run any period, not exceeding
twenty years, to be determined on by the county court,
board of supervisors, city council, town trustees or other
proper authority issuing said bonds ; and the principal and
interest of said bonds ma}'- be made payable, either within
or without this state : Provided^ that before said stock shall
Submitted to be Subscribed, an election shall be held in conformity with
egai voters. ^^ ^^^^ .^ regard to ordinary city, county or town elec-
tions, thirty days' 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 said subscription, and, to this end, the county
court, board of supervisors, city council, town trustees or
other proper authority may, from time to time, order elec-
Taxtopayin- tioiis, Specifying the amount proposed to be subscribed; and
teiest. g^gjj^ g^^y^ town or county is hereby authorized and required
to assess and levy a sufficient tax to 23ay the interest accru-
ing on such bonds and the principal of the same when duo,
which tax shall be assessed, levied and collected in the same
manner as other taxes are by law required to be assessed,
levied and collected.
Townsiiipumay § 27. That any township now or hereafter organized
Mke stock. under the townsliip organization law of this state, which
may be situated on or near the road of the said railroad or
of any branch of said road, is hereby authorized to sub-
scribe to the capital stock of said company in any sum not
exceedincr lifty thousand dollars for each township : Provi-
ded^ no such subscription shall be made until the question
has been submitted to the legal voters of the township in
which the subscription is proposed to be made, at a regular
or special election, to be held in the manner hereinbefore
provided.
Payment of in- § 28. Whenever any suit may be instituted by said
Bti\iiment.s. company, in any court having jurisdiction, for the purpose
Suits Instituted, of recovering any of the several installments of the capital
stock of said company, and it becomes necessary to prove
KAILROAD COMPANIES INCOKPOftATED. 101
notice of the falling due of such iustalhnent, a copy of the
pubiicatiou of such notice, lua le aad certified by the pub-
lisher of any nep8pa[)er in the county in which such suit is
instituted, (or in case no such newspaper shall be published
in said county, in the nearest newspaper to said county),
shall be deemed sufficient and conclusive evidence of the
service of such notice upon each and every subscriber to
such capital stock of said railroad.
§ tld. That as soon after the approval of this act as may Duties oft e
be deemed advisable, the commissioners herein named shall °'^™''"' °^^^^'
meet at such time and place as a majority of them may
elect, and adopt such plan of operation, in relation to secu-
ring subscriptions, as may be consistent witli this act ; and
they shall, also, have power to cause to be made such pre-
liminary surveys of the proposed railroad route as herein
authorized.
§ 30. Said corporation shall transport fire-wood and Transportation.
fuel, of every description, over its railroad, whenever the
same shall be offered for transportation, at rates as low as
the rates said company shall charge for the transportation
of other freights of a similar class.
§ 31. This act shall be deemed a public act, and shall
be favorably construed for all purposes herein expressed
or declared, and shall be in force from and after its pas-
sage.
Approved March 25, 1869.
AN ACT to incorporate the Pana and Louisiana Railroad Company. In for^e Starch
^ ^ •' lu, 1869.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General AssemMy^ That Isaac corporators.
D. Vedder, Wm. 11. Ellis, James W. Gregory, S. B. Steed-
ley, Linus E. Worcester, David Pierson, H. L. Clay, George
W. Sheffield, A. A. Cooper, Jona Plowman and their asso-
ciates, successors and assigns, be and they are hereby cre-
ated a body politic and corporate, by the name and style
of "The Pana and Louisiana Hailroad Company," with Name and style.
perpetual successi m ; with power to sue and be sued, plead
and be impleaded, in any court of law and equity in this
state ; with power to build a railroad and run and maintain
the same, witli single or double track, from the city of Pana,
in the county of Christian, state of Illinois, on the most
practicable route, to a point on the Mississippi river oppo-
site Louisiana, in Pike county, in the state of Missouri.
§ 2. That the several counties, cities, towns and villages, , counties and
4.1 I I • I -J J 1 11 1^-1 towns may take
through or near which said road shall pass, may subscribe stocir.
for and take stock in this company : Provided^ that no such
Vol. Ill— 21
162 RAILROAD COMPANIES INCORPORATED.
subscription shall be made, unless a majority of the legal
votes cast at an election vf said county, city, town or vil-
lage, shall vote for the same, at an election to be held under
an order of the county in cases of counties, and of the cor-
porate authorities in cases of towns, cities and villages :
And, provided, also, that at least thirty days' notice of such
election shall have been given — such notice to specifiy the
amount to be so subscribed, and that it would be voted
upon at said election.
Eight of way. § 3. This Company is hereby authorized, for the pur-
pose of procuring the right of way to said road, to proceed
under the general laws concerning the procuring the right
of way now in force or hereafter to be in force.
Special powers. § 4. That all the rights, privileges, advantages and
powers conferred ui3on the St. Louis, Jacksonville and Chi-
cago Kailroaci Company, so far as applicable, are hereby
conferred upontlie Pana and Louisiana Hailroad Cornpauy,
with the same regulation in elections, in relation to organi-
zation and election of officers.
§ 5. This act shall be construed liberally, and shall be
deemed a public act, and be in force from and after its
passage.
Appkoved March 10, 1869.
Ii^ ^"'■^'^^P'^il AN ACT to incorporate the Pekin and Mississippi Railroad Company.
Section 1. £e it eiiaoted by the People of the State of
Illinois, represented in the General Assembly, That Wil-
corporators. jiani H. Smith, J. O. Cunningham, B. F. Prettyman, Ties
Smith, C. R. Griggs, and their associates, successors and as-
signs, are hereby created a body corporate ar.d poliiic, un-
Name and style eler the name and style of "The Pekin and iy.ississippi
Railroad Company," with perpetual succession ; and, under
Corporate pow- that name and style, shall be capable of suing and being
seed, pleading 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, anil alter and renew the
same at ph-asure; and, by their corporate name and style,
shall be capable, in law, of contracting and being contracted
with; shall be and are hereby vested with all the powers
and privileges, immunities and franchises, of receiving and
disposing of real and i)ersonal estate, which u)ay be need-
ful to cai-ry into full cliVct the purposes and objects of this
Location and j^et. And said comt)any is hereliv authorized and einpow-
constriictlou of i - i . .1 i i. i i .. i •
road. ered to lt)cate, consti-uci and ciim[)letc a railroad, extending
Irom the city of Pekin, in the county of Tazewell, state of
RAILKOAD COMPANIES — INOOKPORATED. 163
Illinois, to the city of Rock Island, in the county of Rock
Island, stare of Illinois, and also from the city of Pekin to
the city of Quincy, in tlie county of Adams, state of Illi-
nois, or to any point on the Mississippi river, between said
cities of Rock Island and Qairicy, that may be selected by
said company, runnintr by the most direct and eligible Route of road,
route alon<r the line so selected for the location, construction
and completion of the said railroad. And said company
may construct said road or roads, with one or more tracks,
and shall beo-in the construction of the same within eiijht
(8) years and complete the same within hfreen (15) years
from the pa8sao;e of this act. Said company shall have the
power to locate and construct a road upon any other route
than connec'irig the above named points by such location,
as may be deemed best for the interest of said comjiany :
Provided, that if any incorporatod town or city in the line Change route,
of said route shall refuse or neglect to subscribe a just and
erpial amount towards securing: the building of said road,
then, in that case, the directors of said company shall have
the power, to be exercised in their discretion, so to change
the route as not to run through the incorporated town or
city so refusing or neglecting to subscribe: Frovided, that
the directors of the division in which such incorporated
town or city may be shall have the sole power of deter-
mining as to the sufficiency of such subscription: And^pro-
mded^ further^ that no such power shall be construed to be
poss^essed by the directors when the county or township
in which such incorporated town or city may be shall have
subscribed, or shall before such change in route is made,
subscribe to the capital stock of said company a sum not
less than one hundred thousand dollars.
§ 2. The ca])ital stock of said company shall be one Amount capital
million dollars, and may, by a vote of a majority of the ^^'^^^'
stockholders, according to shares, at a regular or special
meeting called for that purpose, be increased to five million
of dollars, to be divided into shares of one hundred dollars
each.
§ 3. The immediate government and direction of said Businessman-
company rJiall be and is hereby vested in five ( 5) directors, lott ^^
who shall be chosen by the stockholders of said company
in the manner hereinafter provided for, and who shall hold
their offices for the period of one year after their election
and until their successors shall be elected and qualified ;
and the said directors, a majority of whom shall constitute a
quorum for the transaction of all business, shall elect one officers chosen.
of their number president of the company, and shall have
power to elect or appoint such other ofiicers as they may
deem proper, but no person shall be a director who shall
not at the time of his election be a stockholder; and each
stockholder shall, in all elections or votes by stockholders,
be entitled to cast one vote for each share of the stock held
16 i RAILROAD COMPANIES — INCORPORATED.
by him, such vote to be cast either in person or by proxy,
and under such regiulafions as tlie board of directors may
Vacancies, how prescribe; and vacancies in the board of director^ may be
filled. tilled by tiie remaining directors, a majority vole in bis fa-
vor being required to elect, such appointees to continue in
ofiice until the next annual election of directors, which said
annual election shall be held at such time and place as may
be designated by the by-laws of said company, sixty days'
printed notice being given by at least four publications in
at least two newspapers printed and published along the
line of said road,
openbooksfor § -i. The pcrsons named in the first section of this act
Bubscription. ^^^ hereby appointed commissioners and hereby authorized
to open subscription books for said stock, from time to time,
in each of the cities, incorporated towns and townships
along the route of said road, first giving ten days' notice of
the time and place thereof, by publication in the newsjiaper
published nearest thereto,
construction § 5. The Said company shall have power to locate,
of railroad. coiiStruct, equip, furnibh, and maintain and operate a rail-
road, as aforesaid, with all the necessary tracks, side track?,
turnouts, switches, depots, stations, and all other necessary
buildings, structures and erections, and, for this purpose,
they are hereby vested with all the power necessary for
the purchasing, taking, holding, selling and transferring
property, real and personal, the same as natural persons, as
the board of directors may deem necessary to carry out this
act.
Right of way. § 6. For the purpose of acquiring the right of way for
the construction and maintenance of said railroad, side
tracks, turnouts and ground for depots, stations, erections
and structures, and for the purpose of obtaining stone,
gravel and other material for building, ballasting or re-
pairing said road, and of obtaining a right of way to said
Condemn land, material, the said company be and is hereby authorized and
empowered to take, condemn and use the same, under the
provisions of the general law now in force or which may
hereafter be in force providing for the condemnation of
land for purposes of internal improvement.
May unite with § 7. The Said Company shall have power, hj and with
other coadH. ^j^g consout, in Writing, of the owners of three-fourths of
the capital stock of said company, to unite or connect itself
with any other railroad company in this st-ate, upon such
terms as may be mutually agreed upon b(.^tween tlie com-
panies so uniting or connecting, and, for that jiurpoee, full
power is hereby given to said company to make and execute
such contracts witli any other company as will secure the
object of such union or connection ; and the said company
may, furthermore, lease or purchase, upon such terms as
may be agreed upon, any other road or parts of roads, either
wholly or partially constructed, whicli may constitute or be
EAILEOAD COMPANIES INCORPOKATED. 16o
adopfed as part of their railroad ; and by Biich lease orpnr-
cliatje they shall acquire and become vested with all the
ri^ihtsand t'rancliises pertaining to such road orpait of road
so leaded or purchased, in the right of way, maintenance
and construction and operation thereof.
§ 8. The said company is hereby authorized, from time May borrow
to time, to borrow such sum or sums of money as may be °^^^®>'-
necessary for the completing, equipping, operating and
nuiintaining their said railroad, and to issue and dispose of issue boDds.
the bonds, at such rate of interest, not exceeding ten per
cent., and at such discount as may be thought best for the
beneiit; of the company, and to mortgage their corporate
])roperty and franchises, to secure the payment of any debt
contracted by said company, for the purpose aforesaid ; and
any such bonds that may be sold or disposed of at a less
rate than par shall be as valid and binding up 'ii said com-
pany as if the same were sold for the par value thereof.
§ 9. The right of way and the real estate for the right compeneation
of way and for the purposes aforesaid, purchased or ac- for "ght oi way
quired by said company, whether by assignment or other-
wise, or which shall become the property of the company,
shall, upon the payment of the money agreed or adjudged
to l)e paid to the owner or ow-ners of the same, as compen-
sation for the same, become the property of the company,
in fee simple. Whenever it shall be necessary for the con-
struction of said railroad to intersect or cross the track of any
oiher railroad or river, stream of water, water course, road
or highway, on the route of said road, it shall be lawful for
the c<.»mpany to construct their road across or upon the
same: Provided^ that tlie said company shall restore the
said railroad, river, stream of water, water course, road or
highway, intersected or crossed, sufficiently near to its for-
mer state, so as not to materially impair its usefulness.
§ 10. To further aid in the construction of said road by {Corporate snb-
• \ • i_ 1 i i 1 • • scriution.
said company, any incorporated town, or township in coun-
ties acting under the township organization law, along the
route of said road, may subscribe to tlie capital stock of
said company in any sura not exceeding one hundred and
lifty thousand dollars,
§ 11. No such subscription shall be made until the igc^ai^volei^a'^ ^^
question has been submitted to the legal voters of such in-
coi'porated town or township in which the subscription is
proposed to be made ; and the clerk of each of said towns
or townships is hereby required, upon the presentation of a
petition, si<;ned by at least ten citizens, who are legal voters
and tiixpayers of such town or township, for which he is
clerk, and in which petition the amount ])roposcd to be
subscribed shall be stated, to post up notices in at least .Notice of eiec-
tliree public places in each town or township, whicli notice **''°'
s!iall be posted up not less than thirty days betore the day
of holding such election, notifying the legal voters of said
166 EAILEOAD COMPANIES — INCOEPOKATED.
town or township to meet at the usual place of holding elec-
tions in such town or township or some other convenient
place tiamed in such notice, for the purpose of voting for or
a.gainst such subscription.
Who may sub- § 12. If it shall appear that a majority of all the legal
sen e stoc . y^ters of Said town ortownship, voting at such election, have
voted "For subscription" it shall be the duty of the presi-
dent of the board of trustees or other executive officer, if an
incorported town, and ot the supervisor in townships, to
subscribe to the capital stock of said railroad coinpany, in
the name of such town or townships, the amounts so voted
to be subscrihed, and to receive from said company the
Issue bonds, proper ceriilicate therefor; he shall also execute to said
company, in the name of such town or township, bonds,
bearing interest at ten per cent., per annum, which bonds
sliall run for a term of not more than twenty years, and the
interest on the same shall be made payable annually; and
which said bonds shall be signed by such president, execu-
tive officer or supervisor, and be attested by the clerk of
the town or townsbip in whose name the bonds are issued ;
and it shall be his duty to make a record of the issuing of
said bonds. Said bonds shall be delivered to the president
or secretary of said company, f)r the use of said company;
and when any city or county shall vote to make subscrip-
tion, as aforesaid, the chairman ol' the board of supervisors
of such county and the mayor of such city shall be required
to subscribe to the capital stock of said company the amount
so voted.
Duties of the § 13. It shall be the duty of the clerk of any such town
county cieik. ^^^ towuship in which a vote shall be given in favor of sub-
scription, within ten days thereafter, to transmit to the
county clerk of tlieir respective counties a transcript or
statement of the vote given and the amount so voted to be
subscribed and the rate of interest lo be paid : Provided^
that when elections shall be held and bonds issued, as atbre-
Buid, it shall be the duty of the clerk of such town or town-
ship to tile with the county clerk of their respective C(Uinties,
within ten days after the issuing of said bonds, certificates of
the amount of bonds issued and the rate of interest payable
thereon.
Duuea of the g 14-. It shall be the duty of tlie county clerk of said
towns ipceri. ^._ ^^^^1-^,^ annually, after the execution and delivery of said
bonds aforesaid, to compute and assess upon all taxable pro-
])i'rty returned by the assessor of such town or township
Tftxtopayin- a suiH sutHcicnt to pay ihe interest and cost of collection
torest. j^,,(\ disbursement upon all bonds so issued liy the respective
towns or townships, which tax shall be extended upon the
collector's books as other taxes are, and collected in the
same manner that other taxes are collected, and, when col-
lected, shall be paid to the treasurer of the county ; and
RAILROAD COMPANIES — INCOftPOEATED. 1G7
Buch town or township shall, when providing for the levy-
iiio; and collecting of other taxes, also a&sess upon tue
prcpertj of sucli town or township any rate, nut exceeding
three per cent, in any one year, upon tiie assessment, to pro-
vide a fund for the payment of the interest on said bonds
when it shall become due and for the redemption of the
principal of such bonds, as or when they may become due
— said tax to be levied and collected as other taxes are, and
paid to the county treasurer; but no tax shall be compuied,
at-sessed or collected, or any interest paid, to be applied
upon said bonds, unless such bonds have been executed
and delivered,
§ 15. It shall be the duty of the county treasurer to pay Duties of the
out, on the presentation to him of the bonds issued by any ""'"'^ reasuier
such town or township, as aforesaid, the amount due upon
such bonds for interest and also for principal, when any tax
shall be assessed and collected to pay principal, of any
money in his hands tor that purpose, and indorse such pay-
ment of interest or partial principal upon the bonds ; and
when such bonds shall be redeemed or paid he shall re-
ceive and cancel the same and return the same to the said
president or snvervisor, who shall destroy the sanje in the
presence of the clerk of such town or township, who shall
make a record of the transaction. The town collector and compensation,
county treasurer, in towns or cities which subscribe to said
capital stock, shall receive the same per centage, for receiv-
ing and disbursing said funds, as they now receive in col-
lecting and disbursing the school fund.
§ 16. At all elections for officers and in all questions supervisor to
voted on by the stockholders of said company, tiie presi- ^^^^^^^''°^^-
dent or supervisor of such towi! or townships which fchall
have subscribed to such stock, shall represent and cast the
vote which said stock is entitled to cast, unless said town
■or township shall appoint some other person to perform
said duty.
§ 17. The immediate supervision and raanae-ement of Dirmors to
.1 , ,. x- -J •! 1 1 11 1 1 , -, manage affairs.
the construction oi said railroad shall be under the control
■of the directors or such persons as they may designate ;
and said directors shall have power to call in stock sub-
scriptions, as the same become payable, and expend the
procee<ls of such subscription in the construction of said
load, and shall keep records of their proceedings.
§ 18. No stockholder, whether corporate or natural Liability of
person, shall be otherwise liable under his or their sub- '^°'^''°"^^"'
ecription of stock than for the amount of their resrective
subscriptions of stock to said company and accordin^^ to the
culls ot the directors, under the conditions hereinbefore
provided.
§ 19. Said corporation shall transport fire-wood aiid u^Zno!^
fuel, of every description, over its railroad, whenever the
same shall be offered for transportation, at rates as low as
168 KAILKOAD COMPANIES INCOKPOKATED.
the rates said company shall charge for the transportation
of other freights of a similar class.
§ 20. Tins act shall be deemed a public act, and shall
be m force from and after its passage.
Appkoved April 9, 1869,
fn 'force March
15, 18-9.
AX ACT to incorporate the Peninsular Railway Company.
Preamble
Whereas the Port Huron and Lake Micliigan Railroad
Company, uf the state of Micliigan, the PLjnmeular Rail-
road Company, of the state of Michigan, and the Peninsu-
lar Railroad Company, of the state of Indiana, have com-
menced the construction uf a continuous and connected
line of railroad from the city of Port Huron, on the iSt.
Clair river, in the state of Michigan, and pa-ising south-
westerly through the cities of Lapeer, Flint, Lansing and
Battle Creek, and the villages of Schoolcraft and Cassopo-
lis, in the state of Michigan, and through Mishawaka, South
Bend, Laporte and Valparaiso, in the state of Indiana, to
some point on the state line between the states of Indiana
and Illinois, in the direction of Chicago, and desire to con-
tinue the same from such state line to and into the city of
Chicago : therefore, for the purpose of enabling said com-
panies to form a continuous line to and into the city of
Chicago, as aforesaid.
Section 1. Be it enacted hy the Peovle of the State of
Illinois^ 7'eprese7ited in the G en er at Assembly, That "William
L. Brancroft, ttie secretary and treasurer of the Port Huron
and Lake Michigan Railroad C<-'mpany, Leonidas D. Dib-
ble, the president of the Peninsular Raihvay Company,
Thomas S. Stanheld, the president of the Peninsular Rail-
road Company of Indiana, Samuel J. Anthony, of Yalpa-
raiso, Indiana, C. Gr. Dyer, of Chicago, and Jacob Rhem,
of Chicago, and their associates, successors, heirs and
assigns, be and they are hereby created a body politic and
corporate, by the name and style of "The Peninsular Rail-
way Company," with perpetual 8UCce!:^sion ; and, by that
Corporate pow- iiaiiK', be and are hereby made capable, in law and equity,
^^^' to sue and be sued, plead and be impleaded, defend and
be defended, in any court of law and equity in this state or
any other place; to make and use a common seal, and the
same to alter or renew at pleasure ; and shall be and aer
hereby vested with all powers, privileges and immunities
which are or may be necessaiy to carry into eflect the pur-
poses and objects of this act, as hereinafter set forth ; and
said conij any are hereby authorized and em})Oweied to
locate, construct, complete and operate a railroad, from the
</orporator8.
Name and style.
KAILROAD COMPANIES — INOOBPORATED. ICU
line between the states of Indiana and Illinois, at a point Routs of road,
in Cook county, Illinois, to be hereafter selected by said
company, to and into the city of Chicago — said railroad to
be laid out and constructed upon the most eligible route
between the points above named. And, for this purpose,
the said company are authorized to lay out and locate their
said road, with any gauge to be selected by them, and to
change said gauge at pleasure, through the whole length of
said route ; and, for the purpose of cutting, embankments,
stone and gravel, may take and appropriate as much more
land as may be necessary for the construction and security
of said road.
§ 2. The capital stock of said company shall be two Amonut capita.
million dollars, which may be increased to any amount not ^^°'^^'
exceeding tive millions of dollars, to be divided into shares
of one hundred dollars each. All of the corporate powers powers of the
ol said company shall be vested in and exercised by a board ^lirectors.
of seven directors, who shall be chosen b}^ the stockholders
of said company in the manner hereinafter provided, who
shall hold their offices for one year, or until their succes-
sors shall be elected and qualified ; and said directors, a
majority of whom shall form a quorum for the transaction Quoinm to do
of business, shall elect one of their number to be the ^''i'*'^^^-^-
president of the company ; and said board of directors shall
have power to appoint and provide for the appointment of
all necessary clerks, secretary, treasurer, and all other offi-
cers deemed necessary in the transaction of the business
of said company.
§ 3. The said corporation is hereby authorized, by Examinations
their agents, engineers and surveyors, to cause such exami- and surveys,
nations and surveys to be made of the ground and the
country as shall be necessary to determine the most desira-
ble route whereon to construct their said railroad ; and it
shall be lawful for said company to enter upon and to take May take lauds.
possession of and use all such lands and real estate as will
or may be necessary for the construction and maintenance
of the said railroad, its depots, side tracks, w'ater stations,
engine houses, machine shops, and other buildings and
appendages necessary to the construction and operation 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 deter-
mined by said corporation, shall be paid for by said com- t'ay damage
pany in damages, if any be sustained by the owner ur owners ^^'^ ^^^'^ ^^^^'''
thereof by the use of the same for the purposes of said rail-
road ; 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 times as may
be mutually agreed upon by said corporation and the owner
or owners of such lauds ; and in case of disagreement, the
Vol. Ill— 22
170 RAILROAD COMPANIES — INOOKPORATED.
price shall be estimated, fixed and recovered in the manner
provided by the general laws now in force, or which may-
hereafter be in force, providing for the condemnation of
Aimaai meet- lands for purposes of internal improvement.
ing of directors. g ^ fjl^jj {{u^q of holding the annual meeting for the
election of directors shall be fixed and determined by the
by-laws of eaid company ; and, at all meetings, each stock-
holder shall be entitled to vote, in person or by proxy,
one vote for each share of stock he, she or they may hold,
bona fide, in said company, upon vphich all installments
Subscription called have been paid.
«apteto''ck.'*' § S- Tlie 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
subscription books for the stock of eaid company, at such
time and place as they may think proper, and also to ap-
point one or more agents to open such books and to receive
such subscriptions; and whenever twenty-five thousand
dollars shall be subscribed, said commissioners, or a ma-
Meetine of joritv of them, shall call a meetino; of the stockholders, by
stockholders. -^ . . •' ^ ' , , ,. . " .',."'
giving twenty daj^s notice m some newspaper printed in
the city of Chicago, or by personal notice served upon each
of the stockholders, of the time and place of such meeting,
at least ten days previous to the time of such meeting ;
boai^d^ oTdirec- and at such meeting it shall be lawful for the stockholders
*'°'®- to elect the directors of said company, and to transact any
other necessary business; and when the directors are chosen,
eaid commissioners shall deliver said subscription books, and
all other property belonging to said company, to said di-
rectors. Ko person shall be a director unless he shall be
Powers of the a bond fide stockholder in said company.
direciois. g ^.^ ipj^^ directors of said company, after the same is
so organized, are hereby 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
interests of said company, and as they may prescribe by
their by-laws and regulations, from any person or persons,
and also from any other railroad or corporation, and from
Sight of way. any county, town, city or village making the same.
§ 7. That the right of way, and the real estate pur-
chased for the right of way or other purposes, by said com-
pany, whether by mutual agreement or otherwise, or wliich
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
Propelling of Said Company, in fee simple.
^°^"' § 8. Said corporation may take and transport on said
railroad any person or persons, merchandise or other pro-
perty, by the force and power of steam or animals, or any
coinbination of thorn, and may fix, establish, take and re-
ceive such rates of toll for all passengers and property
EAILEOAD COMPANIES — mCOEPOKATED. 171
trausported upon the same, as the directors shall, from time Hates of ton.
to time, establish or authorize to be established; and the
directors are hereby authorized and empowered to make all RuieBforgov-
necessary rules, by-laws, regulations and ordinances that ^■"'i™'^'^'-
they may deem necessary and expedient to accomplish the
designs and purposes and to carry into eiiect the provisions
of this act, and for the transfer and assignment of its stock,
which is hereby declared personal property, and for the for-
feiture thereof for non-payment of calls thereof; which
stock shall be transferable in such manner as shall be pro-
vided by the by-laws and ordinances of said company.
§ 9. In case of the death, resignation or removal of the vaeaEey, how
president, vice-president or any director, or of neglect or *"^'^-
refusal to act as such, at any time before the annual election
of such officer or officers, or directors, such vacancy or va-
cancies shall be filled for the remainder of the year, when-
ever they may happen, by the board of directors, or by such
of them as remain or continue to act as such ; and in case Absence of the
of the absence of the president and vice-president, the p''^^"^®"*.
board of directors shall have power to appoint a president,
pro tempore, who shall have and exercise such powers and
functions as the by-laws of said corporation may provided ;
and in case it should at any time happen that an election
shall not be had or made on any day on which, in pursu-
ance of the provisions of this act, it ought to be had or
made, the said corporation shall not lor that cause be
deemed dissolved, but such election shall be held at any
other time directed by the by-laws of said corporation.
§ 10, Whenever it shall be necessary, for the construe- Right to intei-
tiou of said railroad, to intersect or cross a track of any ''®^'' ''*^''''^'^"
other railroad, or stream of water or water course, or to
intersect or cross, or locate upon, any road or highway, on
the route of said railroad, it shall be lawful for said com-
pany to construct their railroad across or upon the same :
Provided^ that the said company shall restore the railroad,
stream of water, water course, road or highway thus used
to its former state, as near as may be, and in such and suffi-
cient manner as not materially to impair its usefulness.
§ 11. Said company shall have power, and it is hereby oonsoiwation
made lawful for said company, by and with the consent of °^ ^°^^^'
the owners of not less than three-fourths of the capital
stock of said company, to unite or consolidate its railroad
with any other continuous line of railroad or railroads now
constructed or being constructed, or which may hereafter
be constructed, within this or any other state or states, or
to make and enter into business arrangements with any
other such company or companies, upon such terms as may
be mutually agreed upon between said company and any
other company or companies ; and, for that purpose, full Execution or
power is hereby given to said company to make and exe- *'°'^'''^'''^-
cute such contracts with any other company or companies
1V2 RAILEOAD COMPARES — INCORPOBATED.
as will secure the objects of such connection or consolida'
tion.
May borrow § 12. That the Bald raih'oad company, by this act incor-
money. poratcd, shall have power to borrow money on the credit of
the company, to any amount not exceeding its authorized
capital stock, at a rate of interest not exceeding ten per
centum per annum, payable annually or semi-annually, and
may execute bonds therefor, with or -without interest cou-
Payment sbciir- pons thereto annexed, and to secure the payment of the
y mor gage. ^^^^^ -^^ mortgage on the whole, or any part thereof, of said
railroad, property, franchises and income of the company,
then existing or thereafter to be acquired, and may annex
to said n^ortgage bonds the privilege of converting the same
into the capital stock of the company, at par, at the option
of the holders, at such time and on such terms as shall be
therein provided.
!5aie of bonds. g i3_ That the directors of said company be and they
are hereby authorized to negotiate and sell the bonds of
said company, or to cause and authorize the sanie to be
done, at such times and 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 shall be as valid and bind-
ing on said company, in every respect, as if they were sold
or disposed of at their par value.
secmity for S 14. That Said company, in securing- the payment of
' said bonds by a mortgage on the road, property, franchises
and income of the company, shall have power to execute
a mortgage, [aa] aforesaid, to secure the payment of the
full amount of bonds which the company may, at the time
(of) said mortgage 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 said mortgage is executed and sold ;
Mor!-age valid, and the Said mortgage shall be as valid and elfectual 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 with the said mortgage.
Anicies offered § 15. Said Corporation siiall transport Hrewood aud fucl
.ioa. ""^'^°'""'" of every description over its railroad, whenever the same
shall be otfered for transportation, at rates as low as the
rates said company shall charge for the transportation of
other freights of a similar class.
cor.strnction of ^ ^6. That tliis act shall be deemed a public act, and is
"''• hereby so declared, and shall be lavorably construed for all
When act to purposcs herein expressed and declared, in all courts and
places whatsoever, and shall be in force from and after its
passage.
Appkoved March 15, 18G9.
HAILKOAD COMPANIES — INOOBPORATED. 1*73
AN ACT to incorporate the Peoria, Atlanta and Decatur Railroad Company, in force March
1, 1869.
Section 1. Be it enacted by the People of the State of
Illinois^ represented in the General Assembly^ That William corporators,
R. Hamilton, Valentine Dewein, John T. Lindsay, Robert
G. IngersoU, Seth Talbott, A. N. Dills, H. Arming-ton, W.
S. Dunham, J. 0. Prescott, Thomas Smith, Fielding J^J.
Ewing, James Millikeu, J. J. Peddecord, their associates,
successors and assigns, are hereby created a body politic
and corporate, under the name and style of "The Peoria, Name and style
Atlanta and Decatur Railroad Company;" and, by that
name, be and they are hereby made capable, in law and in corporate pow-
equity, to sue and be sued, plead and be impleaded, defend ®'^-
and be defended, in any court of law or equity in this state
or elsewhere ; to make, have and use a common seal, and
the same to renew and alter at pleasure; and they are here-
by authorized to make and publish all necessary rules, reg-
ulations or by-laws, for the carrying out of the purposes in-
tended by this act, and to alter and change the same at
pleasure.
§ 2. The capital stock of said company shall be one Amount capita!
hundred thousand dollars, which may be increased by said *^°'^^-
company to any sum not exceeding two million dollars,
which may be divided into shares of one hundred dollars
each, which shall be deemed personal property, and may
be issued and transferred in such manner as the board of
directors may prescribe.
§ 8. The corporation hereby created shall have power Loeatiou and
, , , r> • 1 , , • 1 • ^ 1. • 1 1 construction of
to locate, furnish, construct, maintain and operate a railroad, road,
with one or more tracks, commencing at Peoria, in the
county of Peoria, in the state of Illinois, to run from thence
southerly to Atlanta, Logan county, Illinois, thence, in the
same direction, to Decatur, in Macon county, Illinois, on
such line as may be designated by the board of directoi's,
and with all necessary sidetracks, turnouts, switches, depots,
stations, and all necessary buildings, erections and struct-
ures ; 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 neces-
sary to carry out the objects of this act.
§ 4. For the purpose of acquiring the rights of way for Kigiitof way.
the construction of said road, sidetracks and turnouts, and
grounds for depots, stations or other buildings, erections
and structures, and for the purpose of obtaining stone,
gravel and other material for building, ballasting or repair-
ing the same, and of a right of way to said material, the said
company be and they are hereby authorized and empow-
ered to take, condemn and use the same, under the pro-
visions of ''An act to amend the law condemning the right
174 EATLKOAD COMPANIES — INCOEPOEATJED.
of way for purposes of internal improvements," approved
June 22, 1852, and all acts amendatory thereto.
May connect § 5. Said Company shall have the power to uuite or con-
with other roads j^qqj^ j|-g raih'oad With any Other continuous lines of railroad,
constructed or which may hereafter be constructed in this
state, upon such terms as may be mutually agreed upon be-
tween the companies so uniting or connecting, and, for that
purpose, full power is hereby given to said company to
make and execute such contracts with any other company
as will secure the object of such connection ; and the said
corporation may furthermore lease or purchase, upon such
terms as may be agreed upon, any other roads or parts of
roads, either wholly or partly constructed, which may con-
stitute or be adopted as a part of their main line, and by
such lease or purchase they shall acquire and become vested
with all the rights and franchises pertaiuing to such road or
part of road, so leased or purchased, in the right of way,
construction, maintenance and working thereof.
May borrow § 6. The Said companv is hereby authorized, from time
™*^"*^^' to time, to borrow such sum or sums of money as may be
necessary for the completing, equipping, furnishing and
maintaining their said railroad ; to issue and dispose of the
bonds at such rates of interest, and at such discount as may
be thought for the benefit of the company, and to mortgage
their 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 upon any bondholder of any
bond issued for money borrowed, as aforesaid, 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 par value thereof.
Corporate pow- § 7. All the Corporate powers of said company shall be
^'soard of di- ^csted in and exercised by a board of directors, to consist
rectors. of not Icss than five nor more than eleven members, and
such oflicers, agents and servants as they shall appoint. All
vacancies in the board of directors 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 direc-
tors, which said annual election shall be held at such time
and place as may be designated and fixed by the by-laws of
said company — thirty days' printed notice given in two
newspapers having circulation along the line of the said
railroad.
First election 8 g. TJie T^.ersous named in the first section of this act
ol ciirectora . , ,, i ^ ,• . t ,. ■ ^ •• i i n
shall be the first directors ot said corporation, and shall, re-
spectiveU^ hold their office until their successors are elected
and qualified.
citTe°8"ma iTko § ^' JElcctions may be held by or in any city, incorpor-
stock. ' ated town or township, situated on or near the line of said
railroad, as the same may be surveyed or located hereafter,
RAILKOAD COMPANIES — INOORPOBATED. 175
upon the question whether such city, town or township shall
donate to said company or subscribe for any specified
amount in shares of the capital stock of said company.
Thirty days' notice shall be given of time of holding such xoticeof eiec-
elections;"and the elections shall be conducted in the mode *'°"-
prescribed in " An act entitled an act supplemental to an
act entitled an act to provide for a general system of rail-
road incorporations," approved November 6, 1849, or in
the mode prescribed in any other general law relating to
such elections, or in the mode in which city, town or town-
ship elections are usually conducted ; and if a majority of Dnties of the
the votes actually cast at any such election shall be for sub- county courts,
scriptiou, it shall be the duty of the county court, or board
of supervisors where township organizations exist, or the
corporate authorities of such county, city or town, or the su-
pervisors of such township, to subscribe, without unneces-
sary delay, upon request of said company, for shares of said
capital stock, to the amount so voted, and to issue and de-
liver to said company, without unnecessary delay, the same
amount as the stock so subscribed of the bonds of such coun-
ty, city, town or township, as the case ma}^ be, payable at
any time specifiod in, not exceeding twenty years from their
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 the
state, as said company may request; and the provisions of
the above mentioned act, approved November 6, 184:9, ex- Application of
cept such as are inconsistent with the provisions of this act, ciectiou law.
shall apply to and govern every election referred to in this
section, in getting up the elections and other matters con-
nected with or growing out of such elections; but this act
shall govern said elections as far as it is applicable to them :
Provided^ that such bonds shall not be delivered to said
railroad company nor any payment, be made on such sub-
scription until an amount of work shall have been done on
said railroad, in such town or on such part of the line of
said railroad as the authorities of such city, incorporated
town or township issuing such bonds shall designate, equal
in value to the amount of bonds proposed to be issued.
§ 10. It shall be the duty of such county court, board of Kcquesifoian
*• . ., , •' , 1 . . '. , . election.
supervisors, city or town corporate authorities or township
clerks to order the holding of such elections, and give no-
tice thereof, upon being requested so to do by fifteen of the
legal voters of such county, city, town or township, as the
case may be.
§ 11. Whenever it shall be necessary, for the construe- intersectious.
tion of said road, to intersect or cross a track of any other
railroad or any stream of water or water course, or road or
highway, it shall be lawful for said company to construct
their said road across or upon the same: Provided, that said
company shall restore the railroad, stream of water, water
176 EAILROAD COMPANIES —INCOKPOEATED.
course, or road or highway, thus intersected or crossed, to
its former state, or in a manner not materially to impair its
usefulness.
§ 12, This act shall be deemed a public act^ and take
eiFect from and after its passage.
Approved March 1, 1869.
in force Macli AN ACT to iacorporate the Peoria and Farmington Railway Companj.
Section 1. JBe it enacted hy the People of the State of
Illinois, represented in the General Assembly^ That Robt.
coporatore. Boal, William Kellogg, George C. Bestor, Samuel Wilkin-
son, George Stetson, and Amos C. Babcock, and John T.
Lindsay, their associates, successors and assigns, be and
they are hereby constituted a body corporate and politic,
Nameand style under the name and style of "The Peoria and Farmington
Railway Company," for the purpose of surveying, locating
and constructing, completing and opening a railroad from
Eouteofroad. Peoria cit}', in Peoria county, to the town of Farmington,
in Fulton county, with authority to connect with any other
road now completed or to be completed, upon a contract
with any or all of said roads.
condemuisnd § 2. Said compauy is hereby authoriz-^d to condemn,
fornghtofway. ^q^. j.jg]^{; Qf -^r^j ajj(j depot grouuds, private property, for
the location, construction and maintenance thereof; and
the company is hereby authorized to take private property,
fur the purpose of constructing and maintaining the same,
in the manner prescribed by the general laws now in force
or which may hereafter be in force, providing for the con-
demnation of land for the purposes of internal improve-
ment.
Private prop- § 3. The Said Company shall have the right of way up-
^ty^ mny be tr.- ^^^ ^j^^ j^^^ appropriate to its use and control, for the pur-
poses and uses of said compan}^, any right of way or lands
belonging to the state of Illinois, not exceeding two hun-
dred ieet in width, whenever any such land may be situ-
ated along said railroad, for its entire length, as well as
along its branches. All such lands are hereby Ibrever
granted to said company.
May receive § 4. The compaiiy may receive donations and subscrip-
gtfts, etc. tions to the capital stock of said company, and shall have
power to sell and convey the same.
ittiTtock"^"'"" § ^' The capital stock of said company shall be five
hundred thousand dollars, and may be increased to one
million of dollars ; but said company may organize when
ten thousand dollars are subscribed and five per cent,
paid in.
RAILROAD COMPANIES INCORPORATED. 177
§ 6. Any three of the above incorporators are auth)- open books for
rized to open books and receive subscriptions to the capital ^" "*"'i^'''""-
stuck of said cum[)any.
§ 7. Said company may expend its road, if deemed ex- Extendroad.
pedient, to any point on the Mississippi river or connect
with any road now running to the said river, as hereinbe-
fore specified.
§ 8. The said company is authorized to issue bonds, issue bonds,
give mortgages on their property, sell and dispose of such
bonds and mortgages.
§ 9. Said company is authorized to elect such officers as g^.f^a'^'^^^^^^'"
they may deem necessary, use a common seal, and all such
acts as may be necessary to conduct the atiairs of said
company.
§ 10. Said corporation shall transport firewood and fuel, Transportation
of every description, over its railroad, whenever the same ^'^^^'
shall be offered for transportation, at rates as low as the
rates said company shall charge for the transportation of
other freight of a similar class.
§ 11. This act shall take effect and be in force from and
after its passage.
Approved March 27, 1869.
AN ACT to incorporate the Quiney, Pittsfield, CarlinTille, Vandalia and 1° sT'^fQi^J^'"'^^
Mount Carmel Railroad Company.
Section 1. Be it eiiactsd hy the People of the State of
JUinois, represented in the General Aasembly^ That O. Corporators.
C. Kiuner, B. M. Prentice and Charles Savage, of Adams
County, Wm. A. Grimshaw and C. L. Hiirby, of Pike
county, D. M. Woodson, of Greene county, William Mad-
dox and Lewis Soloman, of Maconpin county, E. S. Kice
and J. J. Piiillips, of Monttromery county, Frederick Re-
man, L. T. Clawson, John P. VanDorston, and Wra. Wat-
kins, of Fayette county, J. I. McCavvley, A. W. Bothvvell,
Jl F. Cunningham, and Morris Brisenden, of Clay county,
Wm. Curtis, of Edwards county, and J. 1^. Jacques, J. J.
Lesher, Edward Kussel and Thomas Shannon, of Wabash
County, be and are hereby constituted a body corjtorate and
P'ljitic by the name and style of '-Quiney, Pittsfield, Car- Name and stylo,
liiiville, Yandalia and Mount Carmel Railroad Company,"
with perpetual succession ; and, by that name and style, corporate pow-
shall be capable, in law, of taking, purchasing, hold-
inij, leasing. SL'lling and conveying estate and property,
whether real or pei'sonal or mixed, so far as the same may
be necessary for the purpose hereinafter mentioned ; and,
in their corporate name, to sue and be sued ; to have a
Vol. Ill— 23
"VTo KAILKOAD COMPANIES — INCORPOKATED.
common seal, which they may alter or renew at pleasure ;
and may have and exercise all the powers, rights, privi-
leges and immunities which are or may be necessary to
carry into efi'ect the purposes and objects of this act as the
same are hereinafter set forth.
instruction of § 2. That Said company are hereby authorized and em-
'°^'^' powered to locate end, from time to time, to alter, change,
relocate, construct, reconstruct and fully finish, perfect and
maintain a railroad, with one or more tracks, commencing
Route of road, at the city of Quincy, in the county of Adams, and state of
Illinois, thence, on the most practicable route, to be deter-
mined by said incorporators or their successors in office,
from said city of Quincy to Pittsfield, in Pike county —
thence to Carlinville, in Macoupin county, thence to Hills-
boro, in Montgomery county, thence to Vandalia and Fari-
na, in Fayette county, ^thence to Flora or Clay City, in Clay
county, thence to Mount Carmel, in the county of Wabash,
and stale of Illinois — said route to be determined as afore-
said ; and the said company are further authorized to use
and operate said railroad, and shall have power and
authority to regulate the time and manner in which goods,
eitects and persmis shall be transported on the same, and
to prescribe the manner in which said railroad sliall be used
Rites of fare, aud the rate of toll for the transportation of persons or
property thereon, and for the storage of merchandise or
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
macbiner}', for the accommodation, management and opera-
First board of tion of said road.
§ 3. The persons mentioned in the first section of this
act shall constitute the first board of directors, and shall
organize the board within three years from the passjige
Appointment of tliis act, by electing one <if their number president aud
ofofflcere. j^^ appointing a becretary and treasurer ; and the directors
present shall certify the said organization, under their
hands, which certificate shall be recorded in the record
Term of office, book of Said couipauy, and shall be sufficient evidence of
the organization of said company. The directors herein
named bIuiH hold their office until the first Wednesilay in
October following their organization and until their suc-
cessors are elected and qualified, as herein provided. Va-
cancies in the boarti may be filled by a vote of a majority
of directors remaining at any regular meeting of the board
General laws, oj- -it any Special meeting called for the purpose.
§ 4. In the procurement of the right of way and ma-
terials for the construction of their railroad, the said direc-
tors aud their successois in office may avail themselves of
all the provisions contained in any general law of the state,
now ill forca or which may hereafter be enacted, which
KAILKOAD COMPANIES — INOOKPOKATED. 1 79
authorizes railroad companies to condemn land and mate-
rials for railroad jDurposes.
§ 5. The within named directors shall, within ninety To open books
days after their origan ization, give at least thirty days' no- '^'■^liiscripUL.n.
tice of the time and place, along the line of said road, wheie
books will be opened for procuring subscription to the capi-
tal stock of said company ; and said directors shall con-
tinue to receive subscriptions, either personally or by such
agents as they shall appoint for that purpose, until the sum
of two hundred thousand dollars is subscribed and live
per cent, paid thereon. Said directors or their successors ca^"^"^^^^**
may proceed, by their engineers, to survey, locate and con-
struct said railroad, as prescribed by the act referred to in
section four (4) of this act. Certificates of stock shall be
signed by the president and countersigned by the secretary
and treasurer of said company, each of whom shall keep a
fair record of the same, which shall be subject to the in-
spection of any stockholder.
§ 6. Said board of directors and each succeeding board siectiouofdi-
shallgive at least thiity days' notice, previous to the first
Wednesday in October, of each year, of an election by the
stockholders of a board of fifteen directors, at least ten
of whom shall be chosen from the stockholders resident in
the counties throuiJ-h which the road is located. T^ie first „,^'^?*l""''/™^
111 111 • f TT • 1 • ^ ^ place of.
election of directors shall be held at the city ot Vandalia,
Illinois, and subsequent elections at such place in the state
of Illinois as the board of directors may prescribe. At any
election held for directors, each share of stock shall be en-
titled to one vote, to be given either in person or by proxy;
and the persons receiving the largest number of votes to
bj declared duly elected, and to hold their otfice until the
next election and until their successors are elected and
qualified. All elections for directors to be conducted by judges of eiec-
tnree judges selected by the stockholders present. j^o *"^"-
stockholder shall be allowed to vote at any election after
the first for any stock which may have been assigned to
hiui within thirty days previous 1o said election or upon
any stock upon which there is any due and unpaid install-
ments.
§ 7. If the board of directors fail or refuse to give no- P^ refusal to
. <-> . . .... , 11- p Sive notice of.
tice of the time herein specified tor the annual election ot election,
directors, then an}" five stockholders may, in writing, re-
quire the secretary to give thirty days' notice, and it shall
be his duty to give said thirty days' notice, so required, for
any election of directors; and, at the expiration of the
time, the stockholders present shall proceed to elect direc-
tors, as herein provided for the election of directors, and
the directors so elected shall constitute a legal board.
§ 8. The general office of the company shall be located of^"e?^^°° °^
at such place in the state of Illinois as the board of direc-
tors shall designate, wheie all the books of record shall be
180 BAILKOAD COMPANIES — INCOKPOKATED.
kept and the general business of the company shall be
transacted. There shall be kept in the secretarv's office a
full record of the name and residence of each stockholder
and the number of shares held by each. Said record shall
at all times, during business hours, be subject to inspection
by any stockholder.
Towns and § 9. The Several counties, cities, villages, incorporated
Block. ^'^^ ^^^^ towns, and the several townships in counties having town-
ship organization, through or near which the said road shall
be located, are hereby authorized to raise money, by a tax
to be levied upon all the real and personal property in the
said several counties, cities, villages, incorporated towns and
townships, and to subscribe or donate the sair^e to the capi-
tal stock of said corporation hereby created, for the purpose
of aiding in the construction and completion of said road ;
Issue bonds. and the said several counties, cities, villages, incorporated
towns and townships, as aforesaid, are farther authorized to
"^ issue bonds, drawing interest at the rate of ten per cent,
per annum, which said bonds shall be negotiable and paya-
ble in the city of New York in not less than five nor more
than twenty years after the date of the same: Irovided,
that no subscription shall be made or no tax shall be levied
until the same shall be voted lor, as hereinafter provided.
Petition for an § 10. Whenever any twenty-five voters of any such
election. county, City, village, town or township shall make a written
application to the county clerk of such county or twenty-
five voters of such city, incorporated village or town or
township, shall make application to the clerk thereof, re-
quiring an election by the legal voters of such county, city,
village, town or township, to determine whether such sub-
scription shall be made and such tax levied, specifying in
such application the amount, such clerk shall file such ap-
plication in his office, and immediately give the notice, as
required by law, for any election to be held by the legal
voters of such county, city, village, town or township, at
the usual places of holding elections ; and such election
shall be held and conducted in all respects and the return
thereof made as in cases of annual elections.
Levy and col- § H- It the majority of the voters voting at such elec-
lecttax. tioQ shall be in favor of such subscription or donation and
tax for the payment thereof, then such county, city, incor-
porated village, or town or township, by its proper incor-
porate authority, shall levy such tax and subscribe or do-
nate to such corporation the amount theref)f, to be deter-
mined or voted tor at any such election, and shall issue to
said corporation their bQnds for such amount, drawing ten
per cent, interest, per annum, and payable in n(>t less than
i«i5ue of bonds 11 ve iior more than twenty years. The said bends, wiien
Irrevocable. jssucd, aro to bo irrevocable and negotiable and payal)le as
in section D, as af )rei:^aid : l^rooided, that no such bonds
shall be isbued or tax collected until the road shall be com-
KAILROAD CUMPANIES — INOOKPOKATEID. 181
pleted and a train of cars run over the same through any •ertificate of
such county, city, incorporated villag^e or town or township, courf."^ toamy
and a certilicate trurn the judge of the county court, duly
sealc<l and countersigned "by the clerk of the county court,
certifying that the conditions upon which said bond or
bonds were issued liave been fr.ililled within said county
or any city, incorporated village or town or township with-
in such county; said certificate shall be made upon the
back of each bond, and shall be conclusive evidence of the
validity of such issue.
§ I'J. li' any county, city, village, town or township Bonds inpay-
ohall subscribe or doiiate to said capital stock, under the ^riptions.
provisions of this act, and shall ivssue their bonds, said
bonds shall be in full payment of their said subscription,
and in case of subscriptions to the stock, the supervisors
of said township or county court of such county and the
corporate authority of such city, village or town, siiall annu-
ally appoint some suitable person to represent and vote up-
on the stock so subscribed and levied, as aforesaid.
§ 13. Said company shall be allowed three years, from Timeofcom-
the passage of this act, for the commencement of said ™mpietfJu ""f
railroad, and in case at least thirty miles of the same shall ^°^^-
not be completed in ten years thereafter the privilege grant-
ed herein sliall be forfeited.
§ 14:. Said company shall have power to unite its rail- May unite
' , . ,1 . ^ -^ , . , 1 '^ ,, . , T .^ With other com-
road, m whole or m part, witii any other railroad or rail- panics
roads now constructed or which may hereafter be con-
structed in this state, in accordance with the general rail-
road law of the state.
g 15. Said company are hereby authorized to take and ^fortjrage on
receive from the several subscribers to the capital stock payment of sub-
mortgiiges on real estate for and in payment of the full s'^"''"""^-
' amount of said subscriptions, which mortgages may bear
interest at the rate of ten per centum, annually, and paya-
ble at such time as said directors and said subscribers shall
agree.
§ IG. The capital stock of said company shall be five Amount capital
millions of dollars, and may be increased to fifteen millions
of dollars, to be divided into shares of one hundred dollars
eacli.
§ 17. That said railroad company, by this act incorpo- ^tay borrow
rated, shall have power to borrow money, on the credit (jf ™°'^*^'5'-
the company, not exceeding its authorized capital stuck, at
a rate of interest to be agreed upon, per annum, payable
semi-annually, and may execute bonds therefor, with inte-
rest coupons thereto attached or annexed, and secure tiie Deed of tmst
pavnient of the same by mortgage or deed of trust on the ment'of^nondsr
whole or any part of said road, i)roperty and income of the
com[)any, then existing or thereafter to be accjuired, and
may annex to such mortgage bonds the privilege of con-
verting the same into the capital stock of the company, at
bonds issued.
182 RAILROAD COMPANIES INCOKPORATED.
par, at the option of the holders, if such election be signi-
lied in writing to the company three jears before the ma-
turity of said bonds.
May sell bonds. § 18. That the directors of said company be and they
are hereby authorized to negotiate and sell the bonds of
the said company, at such tin)eB 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 dis-
position thereof shall be as valid and binding on the com-
pany, in every respect, as if they were sold or disposed of
at their par value.
Security for § I'J. That tlie Said company, in securing the payment
of said bonds by a 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, aforesaid, to secure
the payment of the full amount of bonds and interest which
the company 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 person or persons as to the directors of said com-
pany may seem advisable, till the whole amount of bonds
mentioned in such mortgages or deeds of trust is executed
and sold, and the said mortgage or deed of trust shall be
as valid and eliectual to secure the payment of the bonds
so exe-^uted and sold and of every part thereof as if the
same and every part thereof had been executed of even
date with the said deed of trust or mortgage.
Rniesforgov- § 20. The board of directors shall have power to make
all needful rules, regulations and by-laws, for the govern-
ment of said company, not provided for nor inconsistent
with this incorporating act.
§ 21. This act shall be deemed a public act, and shall
be liberally construed, and shall take effect from and after
its passage.
Approved March 31, 1869.
ernment.
xn force March AN ACT to incorporate the Rock Falls and Chicago Railroad Conipanv.
3(1, 1869. of.
Section 1. Be it enacted by tJie People of the State of
lUhiois, representedin the Qeneral Assembly^ That Augus-
corporators. ^us P. Smith, Leuum L. Emmons, Charles Wright, James
A. Fatterscn, Maicus L. Coe, William A. Sanborn, Alonzo
Golder, and their associates and successors, are hereby
made a body corporate and politic, by the name and style
EAIIROAD COMPANIES — INCORPORATED. 183
of "The Rock Falls and Chicago liailroad Company," Name aud style.
with perpetual succession ; and, by that name may sue and
be sued, plead and be impleaded, in any cuurt of law and corporatcpow
equity ; may make and use a common seal, alter and renew ^"
the same at pleasure; and are hereby vested with ail powers
and privileges which are or may be necessary to carry into
etlect the purposes and objects of tliis act, as herein set forth.
ISaid company are hereby authorized and empcnvered to May locate road
locate, construct, and complete a railroad, with a single or
double track, from a point in iiock Falls, in Whiteside
county, upon the must eligible route, to aud into the city of
Chicago, and, for this purpose, the said company are au-
thorized to lay out and locate their said road, nut exceed-
ing one hundred feet in width, through the whole length
of said route; and fur the purpose of cuttings, embank-
ments, stone and gravel, make take and appropriate as
much more land as may be necessary for the construction
and security of said road.
§ 2. TJie capital stock of said company shall cc'nsipt of g^moimt capital
one million dollars, which may be increased to any amount
not exceeding the actual cost of constructing and equipjiing
the said road, to be divided into shares of one hundred
dollars each. All the corpoiate powers shall be ve.-ted in Directors to
and exercised by a board of directors, who shall be chosen ^"■^^^'^ " '*"•
by the stockholders of said company in the manner herein
provided for, and who shall hold their offices for one year
or until their successi rs shall be elected and qualitied.
S;dd directors shall elect one of their number president,
and appoint such other utticers as they may think ntcessaiy
to the proper matiagemeut of the business of said company.
§ 3. Said corporation is hereby authorized tu make survey of route,
surveys of the ground and determine the most eligible
ruute whereon to construct said railroad ; and it shall be
lawful for said company to enter upon and take possession
of and use all such lands and real estate as niay be neces-
sary for the construction and maintenance of said r;iilroad,
its depots, side tracks, water stations, engine houses,
machine shops and other buildings and appendages neces-
sary to the construction of said railroad : J'rovided, that compensation
all lands and real estate entered upon and taken possession
of by said corporation, for the purpose aforesaid, shall be
paid for by said company in the manner provided lor by
law wdiere lauds are necessary f )r the construction of pub-
lic roads, canals and other public worke, unless otherwise
mutua ly agreed by the owner or owners thereof and said
company.
§'4:. The annual meeting of the stockholders of said ,jj^°^;;.»iJ5;'^*'^^j!:
company shall be held at buch place on the line of said holders,
raihoad and at such time as ma,y be provided for in the
by-laws of said companj' ; and at yuch meetings each stock-
holder shall be entitled to cast one vote for each share of
184 RAILROAD COMPANIES INCORPORATED,
stock standing in the name of snoh stockholder, and absent
stockholders may vote bj proxy authorized in writing.
Open books § 5. The persins named in the first section of this act
for subscription g^j-g hereby appointed commissionei-s, to open books for
the subscription to said stock ; and whenever tifty thousand
dollars shall have been subscribed and five per cent, there-
of paid in, said commissioners shall call a meeting of the
stock cubscribers, notice of which time and place of meet-
ing shall be given, either personally or in writing, to each
subscriber, five days at least before said time ot meeting,
or by publication in two daily papers in the city of Chicago,
Eiectiou of ten days, at least, prior thereto ; and at such meeting said
leciois. subscribers may elect a board of directors and transact
other business necessary to the organization of said com-
pany ; and when said directors are elected said commis-
siouers shall transfer to them said books of subscription
and pay over to their treasurer or other financial agent, on
the order of said directors, all sums of money paid in by
the subscribers to said stock. No person shall i)e tlii^ible
to the otfice of director unless he shall be a stockholder ;
and whenever such director shall cease to be a stockholder
his term of office as director shall expire.
stock snbscrip- § 6. The directors ot said company are hereby author-
^^'^"^ ized to receive subscriptions to their capital stock from any
corporation, county, city or town, on such terms and in
such amounts as they may deem for the interest of said
Company, in accordance with the by-laws of said company:
Submitted to Protilded^ uo such subscription shall be made by any
ega vo trt,. (j.jmify^ City or town, Until tlie question of making subscrip-
tion shall have been submitted to a vote of the legal voters
of such county, city or town, at a general election or a
special election to be called for that purpose by the corpor-
ate authorities of such county, city or town, and voted for
by a majority of the legal voters voting at such election ;
and in all cases of elections relative to such subscriptions,
at least thirty days' notice of such election shall be given
by the proper authorities, in the manner prescribed by
law — said notice to specify the amount of such proposed
subscription.
Ra'^es of toll. § 7. The Said corporation may take and carry, for hire,
on sa,id railroad, any persons, merchandise and other pro-
perty, by steam or other power, and receive such rates for
carriage and transportation of passengers and freight
theriion as the directors may establish; and said directors
are hereby authorized to make all necessary rules and
legulaiions for the carriage ot freight and pa:-sengers and
foil the transaction of the general business ot said company.
And incase of a vacancy occurring [in] the board of directors
of said company, at any time prior to an annual election,
such vacancy may be filled for the remainder of the year
by the remaining directors.
RAILROAD COMPANIES — INOOBPOEATED. 18 5
§ 8. Whenever It eliallbo necessary in tlie construction imciscctious.
of said railroad to intersect or cross a track of any other rail-
road or stream of water or water course or highway, on
the route of said railroad, it shall be lawful for the com-
pany to construct the road across or upon the same :
Provided, said company shall restore said railroad, stream
of water, water course, road or highway, thus intersected
or crossed, so nearly to its former state, so as not to materi-
ally impair its usefulness.
§ 9. Said corporation shall have power to borrow May borrow
money, at a rate of interest not exceeding ten per cent, per '^^"^^^y-
annum, payable semi-annually, and may execute bonds
therefor, with interest coupons thereto attached, and secure
the payment of the same by mortgage on the whole or any
part of said railroad property 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
said company, at par, at the option of the holder, if the said
bondholders shall signify, in writing, their desire so to do,
to the board of directors of said company, one year or more
prior to the maturity of said bonds.
§ 10. To aid in the construction of said road by said organized
company any incorporated town or any township organized stock^.™"^ "^'^^
under township organization law of this state, along and
near the route of said road, may subscribe to the capital
stock of said company in any sum not exceeding ten per
cent, of the assessed valuation of said town or township at
the last preceding assessment for the purpose of general
taxation.
§ 11. INTo such subscription shall be made until the submitted to
question has been submitted to the legal voters of such ^^" ^° '''^'
town or township in which the subscription is proposed to
be made ; and the clerk of such town or township is hereby
required, upon the presentation of a petition signed by at
least ten citizens, who are voters and tax-payers in said
town or township, in which the amount proposed to be
subscribed shall be stated, to post up notices at three public
places in each town or township, which notices shall be
posted not less than thirty days before the day of holding
such election, notifying the legal voters of such town or
township to meet at the usual place of holding elections in
such town or township, for the purpose of voting for or
against such subscription.
§ 12. If it shall appear that a raaiority of all the legal when majority
. ,. 1 . ^^ , 1 • ,• , ^ ^ .^ In tavor of sub-
voters 01 sucn town or township votmg at such election scription.
have voted "For subscription," it shall be the duty of the
president of the board of trustees or other executive ofiUcer
of such town, and of the supervisors in townships, to sub-
scribe to the capital stock of said railroad company, in the
name of such town or township, the amount so voted to be
subscribed, and to receive from said company the proper
Vol, III— 24
18B RAILROAD COMPANIES — INCORPORATED.
Esecuie bonds, certiticates therefor; be shall, also, execute to said com-
pany, in the name of said town or township, bonds, bearing
interest at ten per cent.per annum, wbich bonds shall run
for a term not more than twenty years, and the interest on
the same shall be made payable annually, and which bonds
sha'il be signed by such president or supervisor and be
attested by the clerk of the town or township in whose
name the bonds are issued, and it shall be his duty to
make out a record of the issuing on said bonds. Said bonds
shall be delivered to the president or secretary of said com-
pany, for the use of said company.
Duties of the § 13. It shall be the duty of the clcrk of any such towu or
towuship clerks, j-^^yj^^gj-jjp j^ which a votc shall be given in favor of subscrip-
tion, within ten days thereafter, to transmit to the county clerk
of their respective counties a transcript or statement of the
vote given and the amount so voted to be subscribed, and the
rate of interest to be paid : Provided, that when elections
shall beheld and bonds issued, as aforesaid, it shall be the
duty of the clerk of such town or township to file with
the county clerk of their respective counties, within ten
days after the issuing of said bonds, certificates of the
amount of bonds issued and the rate of interest payable
thereon.
Duties of the | 14. It shall bo the duty of the clerk of said county,
couuty <. er... annually, after the execution and delivery of such bonds,
aforesaid, to compute and assess upon all taxable property
returned by the assessor of such town or township
a sum sufficient to pay the interest and cost of col-
lection and disbursements upon all bonds so issued by the
respective towns or townships, which tax shall be extended
upon the collectors' books as other taxes are, and collected,
and, when collected, shall be paid to the treasurer of the
county ; and such town or township may, when providing
fur the levying and collecting of other taxes, also assess
upon the property of such town or township any rate not
exceeding three per cent., in any one year, upon the assess-
ment, to provide a fund for the redemption of the principal
of such bonds as or when they become due. Said tax to
be levied and collected as other taxes are ; but no tax shall
be computed, assessed or collected or any interest paid, to
be apphed upon said bonds, unless such bonds have- been
executed and delivered.
Dut-es cf the § 15. .It shall bc the duty of the county treasurer to
comity treasurer ^^^ ^^^^j.^ ^^^ ^-^^ presentation to him of the bonds issued, by
any such town or township aforesaid, the amount due upon
such bonds for interest and for principal, when any tax shall
be assessed and collected to pay principal, any money in
his hands for that purpose, and indorse any payment of in-
terest or principal, upon said bonds ; and when said bonds
shall be redeemed and paid ho shall receive and can-
cel the same and return the same to the president or
EAILKOAD COMPANIES — INCORPORATED. 1S7
supervisor of said town or township. The town collector Fees of collector
and county treasurer shall receive the same per ccntage
for receiving and disbursing such taxes as they now re-
ceive for collecting and disbursing school funds.
S 16. Said cori)oration shall trHnsi)ort firewood and Artidcsoaerod
liie!, ot every description, over its railroad, whenever the tion.
same shall be offered for transportation, at rates as low as
the rates said conij)auy shall charge for the transportation
of other freights of a similar class.
§ lY. This act shall be a public act, and take elfect
from and after its passage,
Appkoved March 26, 1869.
AX ACT to incorporate the Rockford Central Railroad Company. lu force June
Section 1. Be it enacted by the Feople of the State of
Illinois^ represented in the General Assembly^ That Robert Corporatore.
P. Lane, Goodyear A. Sanford, Kalph Emerson, Marvin T.
Eilinwood, Moses Bartlett, Charles B. Johnson, Joshua
White, Franklin Corwin and Selden M. Church, are hereby
made and constituted a body corporate and politic, by the
name and style of "The Rockford Central Railroad Com- Name and styu.
pany," with perpetual succession ; and, by that name and
style, shall be capable, in law, of taking, purchasing, hold-
ing, leasing, selling and conveying estate or property, wheth-
er real, personal or mixed, so far as the same may be neces-
sary for the purposes hereafter mentioned, and no further;
and in their corporate name may sue and be sued; have a com- ^corpor.itepow-
mon seal, which they may alter or renew at pleasure, and
may have and exercise all powers, rights, privileges and
immunities which are or may bo necessary to carry into
etiect the purposes and objects of this act, as the same are
hereinafter set forth.
§ 3. The said company are hereby authorized and em- ^cousirucuonof
powered to locate, and, from time to time, to alter, chaisge,
re-locate, construct, re-construct and fully to finish, perfect
and maintain a railroad, with one or more tracks, com- Ronto of road,
mencing at or near Mendota, on the Illinois Central Rail-
road or any railroad now built or that may hereafter be
built, in LaSalle, Lee or Bureau counties, thence on the
most eligible route to the town of Rochelle, in Ogle county,
thence to some point or points on the north line of this
state, in Winnebago county, passing through the city of
Rackford, in said county, to connect at said state line with
any road or roads that are or may be constructed within
the state of Wisconsin to said state line ; and the said com-
pany are further authorized to use and operate said railroad,
18 S EAILEOAD COMPANIES — INOORPORATED.
and shall have power and authority to regulate the time
and manner in which goods, eiFects and persons shall be
transported on the same, and to prescribe the manner in
Rntes et-. which Said railroad shall be used, and the rate of toll for
transportation of persons or property 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 sa,id road, and shall have
power to erect and maintain all necessary depots, stations,
shops, and other buildings and machinery, for the accom-
modation, management and operation of said road.
First board of § 3. The following named persons shall constitute the
directors. ^^^^ 1^^^^.^ of directors, to-wit : Eobert P. Lane, Goodyear
A. Sauford, Ralph Emerson, Moses Bartlett, Marvin T. El-
linwood, Chas, B. Johnson, Joshua White, Franklin Cor-
Eiectionofoffi- wiu and Sclden M. Church. Said directors shall organize
^^''®' the board within three months from the passage of this act,
by electing one of their number president and by appoint-
ing a secretary and treasurer; and the directors present
shall certify the said organization, under their hands, which
certificate shall be recorded in the record book of said com-
pany, and shall be sufficient evidence of the organization of
Term of office. Said Company. The directors herein named shall hold their
ofiice until the first Wednesday in October following their
organization and until their successors are elected and quali-
vacancies. fiecl, as hereinbefore provided. Vacancies in the board
may be filled by a vote of two-thirds of the directors remain-
ing, at any regular meeting of the board or at any special
meeting called for that purpose.
Open bopta for § 4:. The withiu named directors shall, within thirty
subscription, days after their organization give at least thirty days'
notice of the time and places along the line of said road
Vv'hen and where books will be opened for |the purpose
of procuring subscriptions to the capital stock of said com-
pany ; and said directors shall continue to receive subscrip-
tions, either personally or by such agents as they shall ap-
point for that purpose, until the sum of one hundred thou-
sand dollars shall be subscribed and five per cent, paid there-
on. Said directors or their successors may proceed, by their
Certificates of engineers and agents, to survey, locate and construct said
Btoci:. railroad. Certificates of stock shall be signed by the presi-
dent and countersigned by the secretary and treasurer of
said company, each of whom shall keep a fair record of the
same, which shall be subject to the inspection of any stock-
holder.
Anmiai eiection § 5. The saidboard of directors and cach succceding bosrd
shall give at least thirty days' notice, previous to the first
Wednesday in October, of each year, of an election by the
stockholders of a board of nine directors, at least five of
whom shall be chosen from stockholders resident within the
counties through which the road is located. All elections
for directors shall bQ held in the city of Rockford. At any
RAILROAD COMPANIES — INCORPORATED. 1S9
election held for directors, each stockholder shall be en-
titled to one vote for each share of stock owned by him, to
be given either in person or by proxy ; and the persons re- Termor omce.
ceiving the largest number of votes to bo declared duly
elected, and to hold their offices until the next election and
until their successors are elected and qualiiied. All elec-
tions for directors shall be conducted by three judges, se-
lected by the stockholders present. 'No stockholder shall sLockhoiuors'
be allowed to vote at any election after the first for any stock
which shall have been assigned to him within thirty days
previous to said election or for any stock upon which there
are due any unpaid installments.
§ 6. If any board of directors fail or refuse to give notice on failure to
at the time herein specified for the annual election of direct- fiJ<^tion"'^^^ ^^
ors, then any five stockholders may, in writing, recjuire the
secretary to give thirty days' notice : and it shall be his duty
to give said notice required for an election of directors ; and
at the expiration of the time the stockholders present shall
proceed and elect directors, as herein provided for the elec-
tion of directors, and the directors so elected shall consti-
tute the legal board.
§7 The general oflice of the company shall be located in Location of
the city of Kockford, where all the books of record shall be °^^'^'
kept, and the general business of the company transacted.
There shall be kept at the secretary's oflice, in the city of
Rockford, a full record of the name and residence of each
stockholder and the number of shares held by[each. Said
record shall at all times, during business hours, be subject
to the inspection of any stockholder.
§ 8. The capital stock of said company shall be one mil- Amo;int capital
lion of dollars, which shall be divided into shares of one ^'^"^
hundred dollars each, and may be increased, from time to
time, by the vote of a majority in interest of stockholders,
at their annual meeting or at any special meeting called for
that purpose by the directors of said company, to any sum
requisite for the completion and equipment of said railroad,
not exceeding five millions of dollars. Previous to a vote
being taken for an increase of the capital stock the directors
shall give a full statement of the objects for which said in-
crease is required, also make a full report of the condition
and affairs of said company. The shares in said company stock de-=med
shall be deemed and considered personal property. erty°°'^ ^'°''"
§ 9. It shall be lawful for all persons of lawful age, or stock subserip-
for the agent of any corporate body duly authoiized, in be- ^'°'^-
half of the same, to subscribe to any amount of capital
stock : J^rovided, that the directors of said corporation
may, at their discretion, limit the amount of stock that any
person, corporation or agent may subscribe in their own
name or in the name of any other person.
§ 10. It shall be lawful for the directors to make calls caii for p:.y-
upon the sums subscribed to the capital stock of said com- ™*^°'»^°^-
190 KAILEOAD COMPANIES INCOKPOEATED.
pany, at such time or times and in such amount as they
shall deem fit, giving at least thirty days' notice of each of
said calls ; and in case of failure on the part of any stock-
holder to make payment of any call by said directors for
sixty days after the same shall have become due, the said
board of directors are hereby authorized to declare said
stock 80 in arrears and all sums paid thereon forfeited to
said company, or recover such unpaid sum or sums in an
action of debt, in any court having jurisdiction thereof,
snrvevs and § H- The Said compauy are hereby authorized, by
examinations, their engineers and agents, to enter upon any lands for the
purpose of making the necessary surveys and examinations
for said road, and to enter upon and take and hold all
lands necessary for the construction of the said railroad
and its appendages, first making just and reasonable com-
pensation to the o"wners of said lands for any damages that
Condemn land, may arise to them for the building of said railroad; and in
case the said company shall not be able to obtain the title
of any lands or premises which may be necessary for the
purposes of said road and its appendages by purchase or
voluntary cession, the same may be obtained in the mode
provided by the general laws now in force providing for
the condemnation of lands for internal improvements.
May biUTow § 12. Tho said compauy are authorized and empowered
money. ^^ borrow, Irom time to time, such sums of money, not ex-
ceeding its authorized capital stock, as may be necessary
for constracting, completing and finishing orecjuipping and
operating said railroad, and to issue and dispose of their
bonds, in denominations of not less than five hundred dol-
Rate of in- lars, for any amount borrowed, and to pay any rate of
terest on bonds. jj^j^^i,.ggj. therefor not exceeding ten per cent, per annum,
and to pledge and to mortgage the said road and its ap-
pendages or any other property or etiects, risrhts, credits or
franchises of the said company, as security for any loan of
money and interest thereon, and to dispose of the bonds
issued for such loan at such rates and on such terms as two-
Towns and thirds of tiie directors may determine. And it shall be
Bt.ock.'"*^ " "^ lawful for any county, city or town, through or to which
this line of road may pass or interested therein, to take
and subscribe to the stock of said road, and to borrow
money and issue their corporate bonds to -paj said sub-
scription, in such sum or sums, not less than five hundred
dollars each, and make the same jpayable at any place,
within or without tho state, at such length of time and at
such rate of interest not exceeding the rate of ten per
cent, per annum, as they may find expedient and deem
Bonds made best, wliicli bcmds may bo made transferable and negotiable,
^"^'''' and may bo sold for such price as may be agreed upon,
which negotiation or sale or sales shall be as valid and bind-
ing as though they were sold at par value ; the subscrip-
tions aforesaid to be first authorized by a vote of a majority
EAILBOAD COMPANIES — INCORPOKATED. 191
of the votes cast by the legal voters of cither coiiuty, city
or town, in same manner and form as provided and pre-
scribed^ in an act authorizing counties and cities to sub-
scribe stock, approved November Gth, ISiO, and the act
amendatory thereto, approved March 1st, 1854.
§ 13. The said company shall, annually or semi-annu- Dividends,
ally, make such dividends as they may deem proper of the
net profits, receipts or income of said company among the
stockholders therein, in proper proportion to their respect-
ive shares.
§ 14. Said company shall have povper to make^ ordain R„io9forgov-
and establish all such by-laws, rules and regulations as may ormnent.
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 affairs and interests of said
company : Frovided^ 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
directors of said company and all additions and alterations
thereto, shall be printed in a convenient form and distri-
buted among the stockholders of said company.
§ 15. It shall be lawful for any fifteen stockholders, by caiiofmoetiug.
giving thirty days' notice, stating the object, to call a meet-
ing of the stockholders of said company ; and the secre-
tary of said company shall certify said call and record the
same, as well as all matters that may be tran.=;acted under
such call. The stockholders present under such call may t ,
- . „ ^ . . , J InspecooE oi
proceed and appoint, iz'om among themselves, a committee accouut^.
of three, with fall powers to examine all books, papers and
accounts belonging to said company ; and said committee
may employ any competent accountant or accountants, to
aid in said examination ; and said committee shall have full
power to examine any officer or officers, agent or agents or
employees of said company, under oath, to be administered
by the chairman of said committee. And said officers,
agents or employees shall duly answer all questions that
may be required of them by said committee touching any
matter or matters relating to the affairs of said company ;
and the officers and agents of said company shall aid, so
far as in their pov/er, said committee, as they may require,
in said examination. The expenses of said examination
shall bo paid from the treasury of said company, upon Expecsea.
warrants drawn upon the treasurer and certified by said
committee ; and said committee shall make a detailed re-
port of the said examination at such time or times as said
stockholders shall direct.
§ 16. Said company shall have the power to unite its May unite with
railroad, in part or in whole, with any other railroad or <^'^«'" ''""'^^
railroads now constructed or which may hereafter be con-
structed, either in this state or the state of Wisconsin, and
193 RAILROAD COMPANIES— INCORPORATED.
to grant any such company or companies the right to con-
struct and use any portion of said road hereby authorized
to be constructed, upon such terms as may be mutually
agreed upon between the said company or companies ; but
no sale or transfer of the permanent rights, privileges or
franchises of said company in said road, or any part thereof,
shall be made by the directors of said road without the
assent of the majority of the stockholders in interest vo-
ting at an annual or regularly called meeting of the stock-
holders.
stock subscrip- § 17. Notice shall be published in the papers printed
tious. within the counties through which the said road is located
uotic^'''^^"°° °^ for subscriptions to capital stock and election of directors
and calls for installments to be paid upon capital stock, and
all meetings of stockholders. AH matters intended for the
action of stockhold ers by the directors or stockholders au-
thorized to call meetings, shall be published in the notice
given for the meetings before which said matters will be
brought.
Repair high- § 18. The Said Corporation shall be bound to repair all
^^^^' public highways, bridges and water courses which may be
injured in constructing said railroad or its appendages, and
shall restore them, so far as practicable, to as good condi-
tion they were in before they were injured.
Time of com- § 10. The Said company shall be allowed three years
™mpi™fo°u "ot- f^'*^'"^ ^^® passage of this act for the commencement of said
road. railroad, and in case the same shall not be completed in
ten years thereafter the privileges herein granted shall be
forfeited.
§ 20. This act shall be deemed and taken as a public
act, and shall, be construed beneficially for all purposes
herein specified or intended.
Approved March 4, 1869.
In force April AN ACT to incorporate the Rock Island and Illinois River Railroad Com-
9, 1S69
pauY.
Section 1. Be it enacted by the People of the State of
Illinois^ reiwesentcd in the General Assemhly, That Henry
Corporators. Dart, Gcorgc Viuton, Andrew Crawford, Joseph A. Saw-
yer, J. N. Wilson, James M.. Allen, and George E. "Wait,
and their associates, successors and pssigns, be and they
are liereby created and constituted a body politic and cor-
Namo ami style, porate, by thc name of "The Eock Island and Illinois
River Railway Company," with perpetual succession; and,
Corporate pow- by that name, be and are hereby made capable, inlaw and
equity, of suing and being sued, pleading and being im-
ers
EAILROAD COMPANIES — INCOBPOEATED. 103
pleaded, defending and being defended, in any court of law
and equity in this state or elsewliere ; and may make, have
and Ube a common seal, and alter the same at pleasure ;
and shall be and are hereby invested with all powers,
privileges and immunities incident to corporations, for the
purpose hereinafter mentioned.
j} 2. The said company are hereby authorized and em- construction
powered to locate, and, from time to time, to alter, change, ofraiirjad.
relocate, construct, reconstruct and fully finish, perfect,
equip and maintain a railway, with one or more tracks,
from the city of Kock Island, in the county of Kock Island, Route of road,
to any point on the Illinois river, between the city of
i*eoria and the town of Hennepin, or either of said places,
on said river, by such route or to such point as the
directors of said company may deem most feasible and
eligible, making the city of Geneseo a point on the line
thereof, and also to extend, construct and operate lateral
branches from said main line in any direction, not exceed-
ing ten miles, and, for this purpose, said company is au-
thorized to lay out and construct said road and branches,
in width not exceeding one hundred feet, throughout their
whole length; and for the purpose of cuttings, embank- ^^ateriais, etc,
ments and obtaining stone, sand find gravel, and for con-
structing and erecting shops, depots and other suitable,
proper and convenient fixtures in connection with and ap-
purtenant to said railway and all necessary and proper
uses, may take as much more land as may be needed for
the construction, operation and securit}'^ of said road and
branches.
§ 3. The x;apital stock of said company shall be one Amount capital
million dollars, which may be hereafter increased, by a vote ^^°'^^'
of the majority of the directors of said company, to any
sum, not exceeding three million dollars. Said capital
stock shall be divided into shares of one hundred dollars
each, which shares shall be deemed personal property, and
shall be transferable only in such manner and upon such
terms as shall be prescribed by the by-laws of said com-
§ 4. The persons named in the first section of this act open books
are hereby appointed commissioners for receiving subscrip- [°on. ^"^^'^"P'
tions to the capital stock of the corporation, who, or a ma-
jority of them, are hereby authorized to cause books to be
opened, at such times and places as they may deem proper,
for receiving subscriptions to said capital stock; and it shall
be lawful for any person of lawful age, or any incorporated
body, to subscribe any amount to the capital stock of said
company ; and the said company is hereby authorized to
receive, in payment for stock, any land lying within ten
miles of their said road or branches. A majority of said vacancie*.
commissioners may fill any vacancies that may occur in their
number, by death, resignation or otherwise.
Vol. Ill— 25
194: UAILROAD COMPANIES — iNCOKPORATED.
Management. § 5. The immediate government and direction of said
Powers of the Corporation shall be vested in a board of directors of not
directors. jggg than scven 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
for one year after their election and until others are duly
Qnorum to do qualified as such ; and the said directors, a majority of
business. -whom shall form a quorum for the transaction of business,
shall elect one of their number president of said corpora-
tion ; tliey shall also elect a secretary and treasurer, and
may choose such other officers or ggents as they may think
proper ; and in case a vacancy shall happen in said board
of directors, it may be filled by the remaining directors
or as the by-laws may prescribe.
Annual ejection. § 6. The time of holding the annual meetings of said
corporation, for the election of directors, shall be fixed by
the by-laws of said company ; and at all meetings each
stockholder shall be entitled to vote, in person or by proxy,
one vote for each share of the stock he or she may hold in
said corporation ; and in case of any corporation, town,
township, city or county being a stockholder in said com-
pany, then the president of such corporation, or any person
duly qualified by such towns, townships, counties or cities,
shall represent and cast the vote to which they may be en-
First election titled to. The first election of directors shall be holden
of directors. .^g g^^j^ ^^g ^^^y ^^ after the sum of one hundred thousand
dollars of stock shall have been subscribed. The commis-
sioners shall give notice of the time and place at which a
meeting of the stockholders will be held for*the choice of
directors, by publication in a newspaper published in any
one or more of the counties along the line of said railroad,
at least thirty days before the day set for such organizaition.
At the time and place appointed for that purpose, the
commissioners, or a majority of theni, shall act as judges
of said election.
Payment for 8 7. AH lands and real estate entered upon and taken
lana taken. " . /« i j i -j ^- x' ^i
possession ot and used by said corporation tor tlie purpose
of the accommodation of said railway and branches or
upon the site upon which said railway and its branches
shall liave heeii located and determined by said corpora-
tion, shall be paid for b}' said company in damages, if any
are sustained by the owner or owners thereof by the use
of the same for the purpose of said railway; and all lands
entered upon and taken for the use aforesaid, either corpo-
rate or private, which are not donated to said company,
shall be ])aid for by said company at such price as may he
Apijiicntion of mutually agreed upon by the p^irties ; and in case of dis-
general lawt!. l i l zi \- i ..i
agreement between the corporation and the owner or own-
ers of siicli land, the price shall be fixed and recovered 'in
the manner provided for under any general law now in
force or hereafter in force on that subject ; and said corpo-
KAILROAD COMPANIES — INCORPOKATED. 19o
ration shall have and possess all the powers, privileges arid
immuuities provided in and by any general law now in
force providing for a general system of railroad corpora-
tions or acts amendatory thereof or supplemental thereto.
§ 8. Tiie right of way and other real estate purchased Right of way.
by said company, as well as the same taken, condemned or
appropriated, as aforesaid, shall, upon due fullillraent by
said company of the conditions prescribed by law, be held
liy them in, fee simple.
^ y. It shall be lawful for the company hereby created ^^^''^-°''°^
to build and maintain bridges over the Illinois and Rock
rivers, at such places as said company may select for cross-
ing the same, and to take, as heretofore provided, such
land as may be necessary for the approaches to the same :
Provided, that such bridges shall not be constructed so as to
materially impede the navigation of said rivers.
§ 10. The several counties in which an}^ part of said ^j^Toj^^^ ,^^^
railway or any of its branches may be hereafter located, stock.
and the several townships in said counties and the cities
and incorporated towns in said counties, are hereby author-
ized to subscribe and take stock in said company or make
donations thereto in the same manner and with like efiect
as is provided in an act entitled "An act to incorporate the
Peoria and Rock Island Railway Company," in force March
7, 1807, and the amendments thereto, in reference to such
subscription, and sections 9 to 14, inclusive, with the
amendments, are hereby incorporated and made a part of
this act : Frovided, however, that no subscriptions or dona- concimons of
tions made in aid of said railway shall be valid and binding ^'^'js'^"p"o'is.
acjainst such counties, cities, towns or townships, so sub-
scribing or donating, until said railway shall be finished sd
that a train of cars shall have passed over the same, through
such counties, cities, towns or townships, nor shall any
bonds be issued to pay for such stock as subscribed or dona-
tions made, until said railway shall be completed so that a
train of cars shall have passed as aforesaid.
§ 11. The said company are authorized and empowered ^^g: ^^"°^
to borrow money, from time to time, to an amount not ex-
ceeding the capital stock of said company, and to pledge and
mortgage said road, or any property, effects or franchise of
the said company, as security for any such loan or loans,
and may dispose of the bonds by said mortgage secured at
such price as the board of directors may deem advisable.
§ 12. The said company shall have power to regulate j^i^ceroitauon
the tolls, charges and rates of transportation of freight and
passengers upon said road, and may change and alter the
same at pleasure ; and no forfeiture shall take place, by
leason of the non-completion of the whole of said road, but
the said company may, froni time to time, build said rail-
way in sections of not less than ten miles, and when so
much is completed may be operated by the company.
196 RAILROAD COMPANIES — INCORPORATED.
§ 13. This act shall be deemed and taken to be a public
act, and shall take effect and be in force from and after its
passage.
Approved April 9, 1869.
In force Feb^ 10, AN ACT to incorporate the Sonora Railroad Companv.
1869.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That R(jbert
Corporators. McClaiighrj, John G. Fonda, William Patterson, William
Timbermau, Guy Wells, John A. McDowell, Daniel G.
Luce, James Wilson, Christopher Smith and George Ed-
monds, jr., be and are hereby created a body corporate, by
Kameaudstyie. the name and style of "The Sonora Railroad Company ;"
and, by that name and style, they and their associates, suc-
cessors and assigns, shall have perpetual succession ; shall
Corporate poTv. have a commou seal ; may contract and be contracted with,
^''"^ sue and be sued, plead and be impleaded, defend and be
defended, in all courts and places. The capital stock of
said company shall be any sum that said corporators shall
determine, not exceeding five hundred thousand dollars,
to be divided into shares of one hundred dollars each.
coustrnction Said Corporation is herebv authorized to locate, coustruct
of railroad. , ' .11 •^^ • i 1 1 i ^ ^ r
and operate a railroad, with single or double track, irom
liamiilon, Hancock county, to Sonora, in said county, and
may extend, locate, construct and operate said railroad to
and connect with an}"- railroad or roads in said county of
Hancock, and may locate, construct and operate side or
spur tracks to any quarry or quarries in said county. Said
road shall, in all respects, be constructed and operated as
other railways in Illinois, and shall, in all respects, as to
tariii' of freights, be subject to the laws now in force oi;
hereafter to be in force, the same as railroads now in exist-
organization. encc are or may hereafter be, and not otherwise. Said
company may organize, by the election of a president and
secretary and sucli other officers as said corporators shall
determine, but shall not condemn lands for the use of said
road until twenty-five thousand dollars shall be subscribed
to the capital stock of said company.
May ncquire § 2. Said Company may acquire, by gift, purchase, con-
titie to lauds, dcmnation or otherwise, any property necessary to the use
of said company for tlie location, construction and operation
of said road, and may hold or sell or exchange the same at
pleasure; and in making condemnation said company may
proceed under the llevised Statutes of 1815, relating to the
right of way, or under any other law of Illinois in force re-
lating to right of way. Said company may borrow money
RAILROAD COMPANIES — INCORPORATED. 197
and mortgage its property and franchises to secure the
same, and shall, in all respects, in the location, construction
and operation of said road, have all the power now conferred
by law upon the Toledo, Wabash and Western Railway or
Chicago, Burlington and Quincy Railroad.
§ 3. The town of Sonora, in said county of Hancock, is sonora may
hereby authorized to subscribe to the capital stock of said ^^^^ ^''^*^'^'
road any sum not exceeding one thousand dollars per mile
of said road, by. vote of the legal voters of said town, at any
time hereafter, at a town meeting to be called by the super-
visor and justices of the peace of said town or a majority of
them, upon request of ten legal voters of said town. Said .cutj of super-
supervisor and justices of the peace shall determine the
amount to be subscribed and conditions of subscriptions. If
a majority of the legal voters of said town shall vote for
subscription, (such majority shall be a majority of all the
votes polled at the last annual meeting before such vote for
subscription) then said supervisor shall subscribe said
amount, in the name of said town, to said capital stock, and
shall issue the bonds of said town therefor, drawing interest issue of bonds.
at the rate of seven per cent., per annum, payable annually
at the office of the county treasurer of said county of Han-
cock, at any time, not exceeding twenty yfears from date,
and deliver the same to said company, in such form as shall
be agreed between said company and said supervisor — the
blanks to be provided by said comj)any ; but no such bond
shall be issued by said supervisor until the iron shall be laid
and cars running thereon from Hamilton to Sonora, afore-
said. jSTotice of such election shall be given at least thirty. j^Qti^eofeiep.
days before said election, by posting notice of the time, ti^n.
place and objects of said election, the amount proposed to
be subscribed, and conditions of said subscription, on the
outer door of each school house in said town. Said town
meeting shall be conducted, in all respects, as other town
meetings. Said vote shall be by ballot, either written or Mode of vouEg.
printed, and the ballots deposited shall contain the words
"For subscription" or "Against subscription." If said sub-
scription shall be made, the supervisor shall certify the
same to the county clerk of said county, and said clerk shall
extend upon the tax books of said town a sufficient tax to
pay the interest on said bonds.
§ 4. Said company may condemn the unoccupied grade May coudemn
of any railroad company in said county, so far as shall be ^^'■^^'
necessary to the construction of said railroad.
§5. This act shall be a public act, and take eflect and
be in force from after its passage.
Approved February 10, 1869.
103 RAILROAD COMPANIES — mCOEPOEATED.
la force March AN ACT to incorporate the Spriugfield, Effingham aiid Southeastern Ra'il-
10, 1809. i-oad Company.
Section, 1. Be it enacted hy the Peojyle of the State of
Illinois represented in the General Assemhly, That John F.
Corporators. Barnard, Samuel W". Little, Luke K. McMiirry, Thomas J.
Martin, Anderson Webster, Win. E. Cooper and J. P. M.
Howard, and such other persons as they may associate with
thera, their successors and assigns, are hereby constituted
a body corporate and politic, under the name and style of
Name and style. "The Springfield, Effingham and Soutiieastern Railroad
Company," with perpetual succession ; and, by that name
and style, shall be capable and are hereby empowered and
authorized, in law, of taking, purchasing, holding, leasing,
selling and conveying real and personal estate and proper-
ty, so tar as the same may be necessary for the purposes
Corporate pow- hereinafter mentioned ; and, in their said corporate name,
^^ may sue and be sued, plead and be impleaded, defend and
be defended, in all courts and places ; to have a common
eeal, which they may alter or renew at pleasure ; to locate,
and, from time to time, to alter, change, relocate, construct,
reconstruct, and full}' finish, operate and maintain a rail-
road, with one or more tracks, from some suitable connect-
ing point with the proposed Fana, Springfield and Xorth-
Ptoute cf road, westcm Railroad, at or near the city of Fana, in Christian
county, by the way of the city of Effingham, in Eftingham
county, to the Ohio and Mississppi railroad, at or in the
vicinity of the city of Olney, in Richland county, or, if
•found preferanle, to connect with the Gray ville and
Mattoon Railroad, at or near the town of Newton, in Jasper
co'inty, with the privilege of building to and connecting
with the proposed Illinois Southeastern Railway, at any
point not farther south than the tovs7n of Flora in Clay
county : Provided^ that if the said Fana, Springfield and
Extcndroad. ISTorthwestorn Railroad Company shall notsacceetl in build-
ing their proposed road, then and in that event the corpor-
ation hereby created shall have power to extend its line of
road from Fana to the city of Springfield, in Sangamon
county.
Mayenternpon § 2. The Said Company, and, under their direction, their
and take land, gcrents, scrvants and workmen, are hereby authorized and
empowered to enter into and upon the lands and ground
of and belonging to the state or to any person or persons,
bodies politic or corporate, and survey and take levels of
the same or any part thereof, and to let out and ascertain
such parts as they may deem necessary and proper for
General poirers making said railroad, with one or more tracks : and, for all
for con-tiuction ii ^ i • i . , ., i . i i
ofraihoad. tJic purposcs Connected with said railroad, to take and ap-
propriate any lands, to lall and cut down all timber and
other trees, standing or being within fifty feet on each side
RAlLEOAt) COMPANIES — INCOftPOKATEt), 199
of said railroad, the daniago occasioned by the falling of
said trees, unless otherwise settled, to be paid in the man-
ner hereinafter provided for damages for lands taken for
the use of said railroad company ; and also to make, build,
erect and set up, in and upon the route of said railroad or
upon the land adjoining the same, all such works, ways,
roads and conveyances, as may be required for the pur-
poses of said railroad ; also, from time to time, to alter,
repair, widen, amend or enlarge the same, as deemed nec-
essary by said company, the said company doing as little
damage as possible in the exercise of said powers hereby
granted, and making satisfaction in the manner hereinaf-
ter mentioned for all damages to be sustained by the own-
ers or occupiers of the said land.
§ 3, That all damage which shall be done to any lands Damages paid.
or property, under the provisions of this act, shall be as-
certained and paid for in the manner provided by the
general laws, now in force or which may hereafter be in
force, providing lor the condemnation of lands for purposes
of internal improvements.
§ 4. Whenever it shall be necessary, for the construe mtersecUoas.
tiou of said railroad, to intersect or cross the track of any
other railroaid or to cross any stream of water or water
course or road or highway, lying on the route of said road,
it shall be lawful for the company to construct their rail-
road across, upon or by the side of the same : Provided^
that the said company shall restore the railroad, stream of
water, water course, road or highway thus intersected,
tr^iversed or crossed, to its former state, or in a sufficient
manner not to materially impair the same in its usefulness :
Provided, that whenever it shall become necessary for said
railroad company to cross the track of any other railroad
company now built or which may be hereafter constructed,
the expense of putting in and building such crossing shall
be paid and shared equally by and between the two com-
panies so connecting or intersecting each other.
§ 5. It shall be lawful for the incorporate authorities of Donations.
any incorporated city or town, through which said railroad
shall be located, to donate or lease to said railroad com-
pany, as a right of way, the right to lay a single or double
track through said city or incorporated town, or any por-
tion of the same, on any street or highway that the said
railroad company shall select for that ])urpose — said lease
or permit to be unchangable and p3rpetual, except at the
option of said railroad company.
§ 6. The corporate powers of said company' shall be Director* to
vested in and exercised by a board of seven directors, a '"^°''='^ ai air«.
majority ot whom shall constitute a legal quorum for the
transaction of business, who shall be elected by the stock-
holders, in the manner hereinafter provided : Provided,
that said board of seven directors may, at their option, add
200 RAILROAD COMPAiflES — INCOKPOKATEt).
two persons to their number, who shall be stockholders in
the company. Yacancies in the board of directors may be
filled by a majority of those remaining; such appointees
to continue in office until the successors of the existing
Organization, board shall be elected and qualified. The directors, when
qualified, shall organize by electing from their own num-
ber a president and vice president of the company and ap-
pointing a secretary and treasurer, which organization
shall be certified by said directors, or a majority of them,
and such certificate shall be recorded in the record book of
said company, and a certified copy thereof, under the seal
of said corporation, shall be received in all courts in the
state as evidence of the facts therein s+ated, and shall have
power, by its president, with the approval of the board of
directors, to appoint and employ such other officers and
agents as may be necessary.
Contract for g 7. The sald Company shall, by its president, with the
' ' * consent of a majority of the board of directors, contract for
the building of said road or any portion thereof, purchase,
contract for and place on the said railroad all machines,
machinery, rolling stock and other property which may be
deemed necessary and proper for building or operating
said railroad, determine the width of track, the construc-
tion of wheels, the form and size of cars and locomotives,
the weight of loads, and all other matters and things rela-
ting to the use of said road and the conveyance of persons
and property thereon, and shall have power to operate the
same, by force and power of steam or animals or combina-
tion of them.
Amotmt capi- § 8. The Capital stock of said company shall be three
tai stock. million dollars, which said capital stock may, by order of
the board of directors, be increased, when deemed necessa-
ry, to any amount not exceeding ton millions of dollars,
and shall be divided into shares of one hundred dollars
each ; and the corporation hereby created is authorized to
receive any subscriptions, donations or gifts to the capital
stock of said company, either in money, lands, labor, ma-
terials, cars, locomotives, or other articles, personal or real,
adapted to the construction or operation of said railroad,
or any property that in the opinion of the board of direc-
tors may be exchanged or converted to such use, and, upon
receiving full payment of any such subscription of stock,
may issue to such subscriber or subscribers certificate of
stock therefor.
Au-uai election § '*• Tlic annual clcction of directors shall be held by
of directors. \\^^i stockholders of the company on the second Tuesday in
January, in each year, at such place as the directors may
direct, twenty days' notice being given by publication in
one or more newspapers published on or near the line of
said railroad : Provided^ that the persons named in the
first section of this act shall bo and are hereby constituted
BAILKOAD COMPANIES — INOOBPOBATED. iiOl
the first board of directors, and shall hold their office for Term of office
one year and until their successors are elected and quali
Hed ; and the board of directors by this act created and ap- open books for
proved shall cause books to be opened tor subscription to
the capital stock of said company, at such times and places,
and in such manner as they may direct.
§ 10. The several counties in which any part of said rail- counties may
road may hereafter be located or that may lie on or near sut'scnbe stock.
the line of said road, aud the several townships in said
counties which have adopted or may hereafter adopt town-
ship organization, and the cities and incorporated towns in
said counties, are hereby authorized to subscribe and take
stock in said company.
§ 11. Elections may be held in any such county, town- submitted to
ships, city or incorporated town, upon the question whether legai voters,
such county, township, city or town shall subscribe for any
specified amount of stock of said company, not exceeding
one hundred thousand d<.)llars. And elections shall be
held in any such county, township, city or town as often as
a petition shall be presented, as hereafter specified, until
such county, township, city or town shall have subscribed
for the full amount of stock authorized by this act.
§ 12. Whenever a petition shall be presented to the Petition for
county clerk, signed by fifty legal voters of any such conn- "^'"^"S election.
ty, 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
said county to give thirty days' notice of the time of hold-
ing such election, which shall be the same time as that
speeitied in such petition ; and whenever a petition shall
be presented to the supervisor of any such township or to
the corporate authorities of any such city or town, signed
by twenty-five 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 election, it shall be the duty of
the supervisor of every such township and the duty of the
clerk of every such city or town to give thirty days' notice Notice of eiec-
of the time of holding such election in such township, city t^on.
or town, which shall be the same time as that specified in
such petition ; which said notice or notices shall be given
in the same manner and such election or elections shall be
conducted in the same manner and at the places provided Manner of
„ . , J. II..- • V- i- .. ' 1 • conaiictiug.elec-
lor holdmg general elections in such counties, town&hips, tions.
cities and towns, at which election or elections the quali-
fied voters of the respective counties, townships, cities and
towns shall vote "For subscription" or "Asrainst subscrip-
tion;" aud the returns of such election or elections shall be
made to the county clerk in the same manner and within
the same time and it shall be by him opened and declared in
the same manner as for elections held for state aud county
Vol. ill — ^o
202 KAILROAD COMPANIES — INCOJBPOKATED.
officers ; and if a majority of the votes cast at such election,
by voters voting on that subject, shall be "for subscrip-
tion," it shall be the duty of the county court or board of
supervisors of every such cuunty, the supervisor and clerk
of said township, and the corporate authorities of such city
stocirgubflcrip. or towu, to subscribc, without unnecessary delay, upon the
request of said company, for stock in said company to the
amount so voted for, and to issue and deliver to said com-
pany the same amount as the stock so subscribed of fhe
bonds of said county, township, city or town, as the ca&e
may be, payable at any time specified, not exceeding twen-
ty years from date, or sooner, at the option of the county,
township, city or town issuing the same, with interest, by
coupons attached for the same, at a rate not exceeding ten
per cent., per annum, payable annually ; which said bonds
and interest accruing thereon shall be made payable at
such place within the United States as said company may re-
„ , . quest : FrovidedAhai at any election held under tlie provis-
Re""l8tratioii of . . .
Toters. ious of this act at any other time than the time of holding
general elections for state or county purposes, it shall not
be necessary for the several boards of registry to make a
new registry of the sevo'al voting preoiiicrs, but the regis-
try made of the legal voters at the last general election
held tor the election of state or county officers maybe used :
Provided^ that any legal voter, whose name does not ap-
pear on said register shall be received and taken in the
same manner that unregistered legal voters' votes are re-
ceived at any general election.
Levy Bpeciai tax § 13. It shall be the duty of the respective authorities
of the several counties, townships, cities and towns, which
may vote such subscription, and they are hereby required,
to levy and collect a sufficient special tax on all the taxable
property, both real and peroonul, in such counties, ti>wni-
ships, cities and incorporated towns, to pay the interest
annually accruing on such bonds and to liquidate the prin-
cipal ot such bonds w^ithin the time specified in the same
for their payment. Said tax shall be levied on the assess-
ment made by the assessor of the respective counties, town-
ships, cities and towns, as provided by the revenue laws of
this state for assessing the property, and shall be extended
on the collectors' 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 the same manner as provided by
Tftses paiJto I'l^v for Collecting state and county tax ; which said tax
coiiuytreAgarcr vili;,]! be paid by tlio respective collectors to the county
treasurer of the county in which said tax is collected, de-
ducting theretrom one per cent, only fnr collecting; and
the saul county treasurers shall be, respectively, lial)le on
tiieir bonds t\)r the faithful application of said tax to the
payment of the interest and the principal of the bonds
BAILEOAD COMPANIES — INCORPORATED. 203
which said tax was levied and collected to pay, and shall compensation
receive therefor, in fall comuensatinn, commission of one '°'®^ °'^'
per cent only for receiving and p lyini^ out said tax. The
corporate authorities of the respective counties and town-
ships shall certify to the county clerk of the proper county
the rate per cent, to be levied for each year for such special Rate per cent.
tax, and the said county clerk shall extend the same on the for special tax.
collectors' books for such county or township, as a special
railroad tax, at the rate so certified for each year, in the
same manner and on all the property on which state and
county tax is extended ; and the respective authorities of
cities and towns shall levy such special railroad tax in the
same manner that other tax is levied and collected in and
for such cities and towns.
§ 14. If any of the said counties, townships, cities or Towns and
incorporated towns, in which any part of said railroad may djnationl"^''''^
hereafter be located or that may lie on or near the line of
said railroad, shall desire to make a donation to said rail-
road company, either in the bonds of any of said counties,
townships, cities or incorporated towns, or by the donation
of any railroad stock or bonds owned by any such county,
township, city or incorporated town, they may do so in the
same manner and in the same amount as is herein provided >
for making subscriptions to the capital stock of said rail-
road company ; and any such bonds so donated shall be is- issue bonds,
sued, and shall be as iDinding and of the same force and
effect, and the principal and interest shall be collected and
paid in the same manner, as is provided in this act for the
issuing and paying bonds for subscriptiona made to the
capital stock of said railroad company : Provided^ that the
f >rm of vote in the case of donations shall be "For dona-
tion " — "Against donation."
§ 16. The stock of said company shall be deemed per- stock deemed
sonal property, and may be issued, certified, transferred ty n*nd\'raMftrI
and registered in such manner and at such places as may *^^®-
be ordered and provided by the board of directors, who
shall have power to require the payment of stock sub-
scribed in the manner and at the time and in such sums as
they may direct ; and on the refusal or neglect on the part
of the stockholders or any of them to make payment, on the stock of deiin-
requisition of the board of directors, the shares of stock go ^'^®^**' *''^® °^'
dilinquent or so unpaid may, at the option of the said board
of directory, after thirty days public notice, be sold at
public auction, under such rules as the directors may adopt;
the surplus money, if any, remaining after deducting the
amount due, with interest and cost of sale, to be paid to
the delinquent stockholders.
§ 16. Said railroad company is hereby authorized to May borrow
borrow money, from time to time, on the credit of said com-
pany, at any rate of interest, not exceeding ten per cent,
per annum, as may be agreed upon between the parties,
20i KAILKOAD COMPANIES INCOEPOKATED.
for the sole purpose of constructing said road and famish-
ing the same with cars, locomotives and other machinery,
necessary to carry on the operations of said company, and
Issue of bonds, may issug its corporate bonds therefor, in denominations of
not less than live hundred dollars, with coupons attached
for the interest, and to secure the payment thereof, with
ecnrity. the interest that may accrue thereon, may mortgage their
corporate property or franchises, or both, or may convey
the same by deed of trust, fur said purpose. And they
may, by their president or other officers or agents, sell,
negotiate or dispose of such bonds or the stock of said com-
pany, at such times and places, either within or without
this state, and at such rate and fur such prices as in their
opinion will best advance the interests of said company ;
and if such bonds or stocks are sold at a discount such sale
shall be as valid and binding, in every respect, as if sold at
par value: Provided^ that the total amount of first mort-
gage bonds shall not exceed in amount the sum of twelve
thousand dollars per mile of the said railroad constructed
or to be constructed.
Bonds may bo § 17. The directors of said company may confer on
capUaVstock"^" ^'^J bondholder of any bonds issued for money borrowed,
as aforesaid, the right to convert the principal due or ow-
ing thereon into the capital stock of said company, at any
time, not exceeding ten years from date of the bond, un-
der such regulations as the directors of said company may
see fit to adopt.
Dividends. § 18. Said Company shall, annually or semi-annually,
make such dividends as they may deem proper of the net
profits or income of said company among the stockholders,
in proportion to their respective shares.
Vote of the § 19. At any election held for choosing directors or for
stockholders. ^^•\^^^ purposes, cach share of stock shall be entitled to one
vote to be given either in person or by proxy. Each per-
son shall be voted for directly, and those receiving the
highest number of votes shall be declared duly elected, and
shall hold their office until the next annual election and
tfon*!i"^* °' *'*^' ""^^^ ^^'®^'' successors are elected and qualified. All elec-
tions for directors to be conducted by three judges, to be
selected by the stockholders present ; and at all such elec-
tions, on all questions voted upon by the stockholders of
said company, all stock subscribed for and owned by any
county, township, city or incorporated town, in the manner
hereinafter provided, may be re{)resented and voted by
such person or persons, or his or tlieir proxy, as the proper
autiiorities of the respective counties, towf)ships, cities and
May unite with incorporated towns shall desiornate or appoint. The said
railroad company shall have power to commence the build-
ing and prosecute to completion their said railroad, or any
part or portion of the same, and shall have power to unite
or consolidate its stock and property, rights and franchises.
KAILROAD COMPANIES INCOKPORATED. i 05
or any part of the same, with any other railroad company,
or companies whose line or lines of railroad may intersect
or connect, by continuous lines, at eitiier terminus, or at
the terminus of the extensions herein authorized, or it may
purchase, lease, sell or convey any or all of its rights,
tranchises or road-bed, or may make any other arrange-
ment it may deem proper with any such railway company
or with any other railroad whose lines of road may form a
CDntinuous line with the railroad hereby authorized, to
or from either terminus ; and in the event of consolidation, change name,
the companies so consolidating may take upon themselves
anj' name and style of designation they may think proper,
and shall be vested with all powers, privileges and fran-
chises of each or both or all the companies so united, and
may borrow money, upon mortgage or deed of trust upon
the property of any one or all of said companies.
§ "20. No stockholder, whether corporate or natural s^ckhoiders'
person, shall be otherwise liable upon his, her or their re- * ^'
spective subscriptions of stock to the said company, and
according to the calls of the directors, as hereinbelbre pro-
vided.
§21. The board of directors shall have power to make. Rules for gov-
ordain and establish all such by-laws, rules and regulations "°°^®'^ ■
as they njay deem expedient and necessary to iultill the
purposes and carry into effect the provisions of this act and
for the well ordering and securing the affairs, business and
interests of said company : Promded., that the same be not
repugnant to the constitution and laws of the United IStates
and of this state.
§ 22. This act shall be a public act, and shall take effect
and be in force from and after its passage.
Approved March 10, 1869.
AX ACT to incorporate the Springfield and Northwestern Railroad I^ force Mitch
Company. 24, 1869.
Section 1. Beit enacted hy the People of the State of
Illinois, represented in the General Assemhly, That Myron corporators.
Phelps, Lewis W. Ro.^s, Kathan Beadles, W. C. Willard,
Edwin Post, L. E. Conger, Robert B. Stevenson, Thomson
AV. McNeely, James H. Hale, Frank Lowe, William G.
Green. Edward Lanning, and their associates, successors
and a^signs, be and they are hereby created and constituted
a body politic and corporate, b) the name of "The Spring- Nameindstjie.
held and Northwestern PaUroad Company," with perpetual
succession ; and, by that name, be and are liereby made corporate pow-
capable, in law and equity, of suing and being sued, plead- *"'
206 KAILROAD COMPANIES — INCOKPOKATED.
ing and being impleaded, defending and being defended, in
any court of law or equitj in this state or elsewhere; aod
may make, have and use a common seal, and alter the same
at pleasure ; and shall be and are hereby invested with all
powers, privileges and immunities mcident to corporations,
tor the purposes hereinafter mentioned.
of raIkoJd.*^"°° § ^" ^^^ ^^^^ Company is hereby authorized and em-
powered to locate, build, construct, perfect and maintain,
equip, use and operate a railroad, from the city of Spring-
field, in the county of Sangamon, to run from said point north,
Eoute of road, through the corporate limits of Petersburg, in Menard coun-
ty, thence to Havana, in Mason county, thence to Lewi.stown,
in Fulton county, and thence, by way of Cuba and Fairview,
Fulton county, to the city of Galesburg, in Knox county,
and thenoe to Rock Island, in Rock Island county ; and,
for this purpose, said company is authorized to lay out and
construct said road, in width not exceeding one hundred
feet, throughout its whole length ; and for the purpose of
cuttings, embankments and obtaining stone, sand and
gravel, and for the purpose of erecting shops, depots and
other suitable, proper and convenient fixtures in connection
with and appurtenant to said railway, and all necessary
and proper uses, may take as much more land as may be
needed tor the construction, operation and security of said
road.
§ 3. The capital stock of said company shall be one
Amouot capital million dollars, which maybe hereafter increased, by a vote
of the majority of said directors of said company, to any
sum requisite for the completion and fulfillment of the ob-
jects and purposes of the corporation hereby created, not
exceeding two million of dollars. Said capital stock shall
be divided into shares of one hundred dollars each, which
shall be deemed personal property, and shall be transfera-
ble onlyiu such manner and upon such terms as shall be
prescribed by the bylaws of said company.
§ 4, The persons named in the first section of this act
Open books lor ^re hereby appointed commissioners for receiving subscrip-
tions to the capital stock of said corporation, who, or a ma-
jority of whom, are hereby authorized to cause books to be
opened at such times and places as they or a majority of
them may deem proj)er for receiving 8ubscrii)tious to said
capital stock. Notice of the timeand fJaces whtnand where
the books atbresaid will be opened shall be given by publi-
cotion for at least thirty days previous io opening the same,
in such newspaper or newspapers as shall be selected, by
said commissioners or a majority of them, for that purpose.
On oj)ening said books, said commissioners shall attend, in
person or by agents, and continue to receive subscriptions to
said capital stock until the sum of one hundred thousand dol-
lars is subscribed. Each subscriber shall, at the time of sub-
scription, pay to said commissioners the sum of five dollars
KAILKOAD COMPANIES — INCOEPOKATED. 207
upon which all installments called and due have been paid ;
and a plurality of votes at any election shall determine the
choice; but no stockholder shall be allowed to vote at any
election Jifter the tirnt for any stock which shall have been
sioners may till any vacancies that may occur in their num-
ber, by death, resignation or otherwise.
§ 5, All the corporate powers of said company shall be corporate pow.
vented in and exercised by a board of nine directors, who
shall be chosen by the stockholders of said company in the tme^^'^^^^"^'^'
manner hereinafter provided, and who shall hold their
offices for one year and until their successors shall be elected
and qualified, and said directors, a majority of whom shall
form a quorum for the transaction of business, shall elect,
by ballot, from among themselves, a president and vice
president, and sliall have power to appoint a secretary, treas-
urer and all other officers deemed necessary for the trans-
action of the business of said company, and may require
such officers to give such security for the faithful perform-
ance of the duties of their othce as the company, by its by-
laws, raciy require. Said directors shall, also, have power Rules forgoT-
to make all such rules, by-laws and regulations as they may ®™'^®° •
deem necessary and expedient to accomplish the designs
and purposes and to carry into effect the provisions of tnis
act, and for the transfer and assignment of the capital stock,
and prescribing the duties of officers, artificers and servants
that may be employed, and for the employment of all offi-
cers to carry on the business, within the objects and pur-
poses of said company, not incontiistent with laws of this
state.
§ 6. The first election for directors shall be holden as First election
soon as may be after the said one himdred tliousand dollars
of stock sliall have been subscribed. The conjmissioners
shall give notice of the time and place at which a meeting
of the stockholders will be held for the choice of directors,
hy publication in a newspaper published in any one or more
of the counties along the route of the said railroad, as they
may deem proper, at least thirty days before the day set
f'r such organization. At the time and place appointed for inspectors of
tnat purpose, the commissioners or a majority of them shall ^i®<^'^°^-
attend and act as inspectors of said election. The stock-
holders who shall be present shall proceed to elect, by bal-
lot, nine directors, and the commissioners present shall cer-
tify the result of such election, under their hands, which
certificate shall be recorded in the books of the corporation,
and shall be sufficient evidence of the election of the direc-
tors therein named. All future elections shall be held at
the times and places and in the manner prescribed by the
by-laws and regulations of said corporation. Each stock- s^tockhoiderB'
holder shall be entitled to vote, in person or by proxy, one ^
vote for every share of stock he or she may hold, 'bonafide^
on each share of stock subscribed for by him ; and the com-
208 KAILROAD COMPANIES INCORPORATED.
missioners shall, as soon as the directors of said corporation
shall hive been elected, deliver to them the whole amount
80 received and also all subscription books and papers be-
longiug to said company. A majority of said commis-
assigned to him within thirty days previous to the day of
holding such election.
Re-open books ^ 7. The directors shall have power and are required to
for subscnption " ,, , , , ..,, ,, ^ • i , 1 ,- ^ • ^
re-open the books to nil up the capital stock ot said com-
l^any, and shall continue to receive subscriptions therefor
until the whole amount of such capital (not subscribed be-
fore said commissioners) shall have been taken ; and shall
also receive subscnption to the additional capital stuck of
tafstock^^ '^^^^" ^^^^ company, should the same be increased by said direc-
tors, pursuant to the authority herein given, at such time
Payments. and places as the directors may deem expedient. And all
subscriptions to the stock of said company shall be p^id at
such times and in such amounts and on t-uch conditions as
said directors may prescribe, under the penalty of the for-
feiture of the stock and all previous payments theieon; and
they shall give notice of the payments thus required and of
the place where and the time when said payments shall be
required to be made, by publication in such newspaper as
said directors shall determine.
fiued*°*^^^'°'^°^ § 8' In case of death, resignation or removal of the
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 wherein it 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 exer-
cise such powers and functions as the by-laws of the said
prt^dea7°^^^° Company may provide. In case it should at any time hap-
pen that an election should not be made on any day on
which in pursuance of this act it ought to be made, the cor-
poration shall not for that cause be "deemed dissolved, but
such election shall be held at any time directed by the by-
laws of said corporation.
citieTmay take § ^' -^"J incorporate city, town or county, on or near
Block. the line of said railway, may subscribe to the capital stock
of said company any sum not exceeding one iiundred thou-
sand dollars, and may issue bonds, in denominations of not
Issue bonds. Icss than one hundred dollars, bearing interest at the rate
not exccedino- ten per centum, j)er annum, payable annu-
ally, which bonds may run any period not exceeding twenty
years, to be determined by the county court, board of super-
visors, city council, town trustees, or other proper authori-
ties issuing said bonds : Provided, that before said stock
tiSi°'^''^°'^'^°' ^^^"" ^® subscribed, an election shall be held in conformity
with the law6 in regurd to ordinary city, county or town
elections, the usual nutice having been given, and retuins
Submitted to to bc made in the usual way — at which election a niaiority
legal voters. •' J j
RAILROAD COMPANIES — INOORPOEATED. 209
of the legal voters voting on that question shall have voted
in favor of said subscription ; and to this end the county
court, board of supervisors, city council, town trustees or
other proper authority may, from time to tinae, order elec-
tions, specifying the amount proposed to be subscribed ; and Levy tax to
such city, town or county is hereby authorized and required 'i^'""^ '''^'''^'^■
to assess and levy a sufficient tax "to pay the interest accru-
ing on such bonds and the principal of the same, when due,
which tax shall be assessed, levied and collected in the same
manner as other taxes are by law required to be assessed,
levied and collected.
§10. Any township under tov.-nship organization, on or .Towns and
near the line of the said railway, may, also, subscribe to the m.."^^^ '^^^
capital stock of said company, in any sum not exceeding
iifty thousand dollars ; but no such subscriptions shall be '^lomitted to
made>intil the question 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 tax payers of
the township for which he is' clerk, in which petition the Notice of eiec-
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 tbaa thirty days
before the day of holding such election, notifying the legal
voters of said township to meet at the usual places of voting
in said township, for the purpose of voting for or aijains't
such subscriptions; which election shall be held ancf con-
ducted in the manner provided by law for the election of
town officers.
§ 11. If it shall appear that a majority of all the voters Duties of the
voting on that question have voted "For subscription," it '''^'"^**"''-
shall be the duty of the supervisors of each of said town-
ships that shall vote for such subsci'iption to subscribe to the
capital stock of said railway company, in the name of the
township for which he is supervisor, the amount so voted to
be subscribed, and to receive from said company the proper
certificates therefor. He shall, also, execute and deliver to Execute bonds,
said company, in the name of said township, bonds, bearing
interest not to exceed ten per centum, per annum, which
bonds shall run for a term not exceeding twenty years, and
the interest on the same shall be made payable annnalh^,
and which bonds shall be attested by the clerk of the town-
ship in whose name the bonds are issued, and ii: shall be'
his duty to make a record of the issuing of said bonds.
§ 12. It shall be the duty of the clerk of said township to^^'^lrk^ ^^^
in which a vote shall have been given for subscription, with- "^"^^ "
in ten days thereafter, to transmit to the county clerk of tlie
county a transcript or statement of the vote given and the
amount voted to be subscribed and the rate of interest
named in the bonds.
Vol III— 27
210 EAILEOAD COMPANIES — INCOEPORATED.
Duties of the § 13. It shall be the duty of the county clerk, annually
county clerk, thereafter, to compute and assess, upon all the taxable prop-
erty returned by the assessor of each of said townships
which have voted to subscribe, a sufficient sum to pay the
interest on all the bonds issued by the respective townships,
which tax shall be extended upon the collector's 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.
Duties of the § 14. It shall be the duty of the treasurer of such coun-
treasurer. ^.-^^ ^^ which towuships havo votcd for said railroad sub-
scriptions to pay out, on the production to him of the bonds
issued by any townships, as aforesaid, the amount due upon
each of said bonds as interest, out of any money in his
,. ^hauds 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 township of all money re-
ceived and paid by him on account of said township, which
account shall, at all times, be open to inspection by all per-
sons wishing to examine the sauie.
Eepreseut and § 15. At all elections for officers and in all questions
cast vote. v-oicd UDOu by the stockholders of said company, the super-
visor of the township or townships which may subscribe to
the stock of said company shall represent and cast the vote
to which said stock is entitled, in person or by iawfal proxy;
and, in case the supervisor is absent or unable to act and
has not appointed a proxy, then the town clerk shall be
vested with the same powers as arc herein given to the su-
pervisor.
May purchase § 16. The Said Corporation is hereby empowered to pur-
estate!'°''^ ^^^^ chase, reccivo and hold such real estate as may be neces-
sary and convenient in accomplishing the objects for which
this incorporation is granted, and may, by their agents, en-
gineers and surve^'ors, enter upon, take possession of, and
use all such lands and real estate as may be necessary for
the construction and maintenance of said railroad and the
appendages and accommodations requisite and appertaining
thereto, and may, also, receive, take and hold all such vol-
untary grants and donations of laud and real estate as shall
be made to said corporation, for the purpose aforesaid; and
in case said company shall not be able to acquire, by pur-
chase or voluntary cession, the right of way and grounds for
said railroad, appendages and accommodations, and grounds
of stone or gravel, for the purpose of building, ballasting or
re|)airing the same, or any of tiiem, and the right of way
Powertocon- to feucli grouuds of ttouc or gravel, said company is empow-
lightof'wiy.'"'^ ered hercoy to take, condemn and use, or otherwise to law-
fully libtain and use the same, respectively, under the pro-
visi(tns of the general laws now in force or which may here-
after be in force for the condemnation of lands for purposes
of internal improvement.
HAILROAB COMPANIES — INCOKPORATED. 211
§ 17. The right of way and other real estate purchased R-ght of way
by said company for any of the purposes aforesaid, shall be ''^^^^"^p'e.
held by them, in fee simple ; and any such rights of way or
real estate taken, condemned or appropriated, as aforesaid,
shall, upon due fufillment by said company of the conditions
prescribed by law to be by them performed or observed, to
entitle them to such property, also be held by said com-
pany, in fee simple.
§ 18. The said company shall have power to borrow May borrow
money, on the credit of the company, at a rate of interest ^°^^y-
not exceeding ten per centum per annum, payable 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 part
of said railway property, income and franchisesof the com-
pany, 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 said company, at par, ,
at the option of the holders, if such election be siguitied, in
writing, to the company three years before the maturity of
said bonds.
§ 19. The directors of said corporation are hereby an- May negotiau
thorized 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 at such prices as will, in
their opinion, best advance the interest of the said company ;
and if said bonds are so negotiated or sold at a discount
below their par value, such sale shall be as valid and bind-
ing on the said company, in every respect, as if they were
sold or disposed of at their par value.
§ 20. The said companj^, in securing the payment of Payment of
said bonds, by mortgage or deed of trust on the road prop- ^*"^'^^' ^^'^'^^'*^'
erty, income and franchises of said company, shall have
power to execute a mortgage or deed of trust, aforesaid, to
secure the payment of the full amount of bonds which the
company at the time the said mortgage or deed of trust
bears date, or at any time thereafter, desired to sell and dis-
pose of; and may execute and sell, from time to time, such
amount of said bonds and of such dates and payable to such
persons as the directors of said company may deem advisa-
ble, till the whole amount of bonds mentioned in such mort-
gage 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 payment of the bonds so executed and sold and
every part thereof, as is the same and every part thereof
had been executed with even date with said mortgage and
deed of trust.
§ 21. Whenever it shall be necessary for the construe- fntersections.
tion of said railway to intersect or cross the track of any
other railway or stream of water, water-course, road or hiiih-
way, on the route of said railway, it shall be lawful for the
212 RAILROAD COMPANIES — INCORPORATEt).
company to construct their railway upon the same : Fro-
vided^ that the said company shall restore the railway,
stream of water, water-course, road or highway, thus inter-
sected or crossed, to its former state, or in a sufficient man-
ner not materially to impair its usefulness.
iiay unite with § 22. Tho said company is hereby authorized to unite
ctherroads. ^^. consolidate its railway stock and property with that of
any other railway company or companies whose line or
lines of road may connect or intersect, by continuous lines,
or at either terminus or at the terminus of the extension
herein authorized, or which may be on the line thereof, or
may purchase, sell, lease or make any arrangement it [may]
deem proper with any such railway company, or with any
other company whose lino of road may form a continuous
line with the railway hereby authorized, to or from either
terminus ; and, in the event of consolidation, the companies
so consolidating may take upon themselves any name and
style of designation they may think proper, and they shall
be vested with all powers, privileges and franchises of each
or both, or all 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 : Provided, that this sec-
tion shall not be so construed as to allow any consolidation
or arrangement with any other company which will materi-
ally divert the road herein authorized to be built from the
line herein contemplated.
Trausp'jvtation. § 23, The Said Company may take and transport on said
railway any person or persons, merchandise or other prop-
ert#y, and may hx, establish, take and receive such rates of
toll or freight for all passengers and property transported
upon the same, and for the storage of merchandise and
other property under their charge, as the directors, lawfully,
from time to time, shall establish, and shall have power to
provide all necessary stock and materials for the operation
of said railroad, and shall have power to erect aud main-
tain all necessary depots, stations, shops and other buildings
and machinery for the accommodation, operation and man-
agement of said railroad.
§ 24:. This act shall be deemed a public act, and shall
be favorably construed for all purposes herein expressed and
declared, and shall be in force from and alter its passage.
xipi'iiovED March 21, 18G9.
In force Marcb ^N j^qt to incorporate the Bpriiigfiekl, Wapolla aiul Gilman Raihoad
33> ISOy. Company.
Skoiion 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That John
Corporators, Williams, George N. Black, Jacob Loose, William E. Shutt,
George Myers, William T. Scher, Daniel Thompson, Wil-
KAILROAD COiJTANIES — IlfCOKPORATED. 213
Ham R. Carl, S. M. Thorp, 11. C. Dickerson, A. J. Thomas,
Jackson Smith, David Hurpster, "W. H. Riggs, Ben.
McClure, and such other persons as they may associate
with them, be and are hereby made and constituted a body
corporate and politic, by the name and style of " The Name and etyie.
Springfield, Wapella and Gilman Railway Company,"
with perpetual succession; and, by that name, shall be ca- corporate pow-
pable, in law and equity, to sue and be sued, plead and be ®'^*-
impleaded, defend and be defended, in any court of law or
equity in this state or any other place. Said corporation
shall have power to make, have and use a common seal,
and the same to renew and alter at pleasure ; and shall be
and hereby are invested with all the powers, immunities
and privileges which are or may be necessary to carry into
efi"ect the purposes and objects of this act, as hereinafter
set forth ; and said company are hereby authorized and em-
powered to locate and construct a railroad, with a single or Location and
double track, from the city of Springfield, in the county of ^o^l*''"'^'^''^ °f
Sangamon, and state of Illinois, upon the most eligible
route, by way of a point within one-half mile of the public
square of the town of Mt. Pulaski, to the town of Wapella,
in the county of DeWitt, state of Illinois, thence to the
town of Gilman, county of Iroquois, state of Illinois ; and,
for this purpose, the said company are authorized to locate
and lay out their said road, not exceeding one hundred feet
in width, through the whole length of said route : and for May take and
., ,. ... 1 'T i i. J I use material for
ttie purpose oi cuttmgs, embankm.ents, stone and gravel, railroad.
may take and appropriate as much more land as may be
necessary for the construction and security of said road.
The capital stock of said company shall consist of one rail-
lion dollars, which may be inci*eased to any amount which
may be necessary for constructing and equipping said road,
not exceeding four millions of dollars, to be divided into
shares of one hundred dollars each. All the corporate powers of the
powers of said cumpany shall bo vested in and exercised by d:rector3.
a board of directors, who shall be chosen by the stockhold-
ers of said company, whose number shall be determined
by said stockholders, in the manner hereinafter provided,
who shall hold their ofiices for one year, or until their
successors shall be qualified ; and said directors, a majority Eiectioaof offi-
of whom shall constitute a quorum for the transaction of ""■
business, shall elect one of their number to be president
and one to be vice-president of the company ; and said
board of directors shall have power to appoint a secretary,
treasurer and all necessary clerks and other oflicers neces-
eary for the transaction of the business of said company.
§ 2. The said corporation are hereby authorized, by sarveyg end
their agents, surveyors and engineers, to cause such exami- esaminations.
nations to be made of the ground and country as shall be
necessary to determine the most desirable route whereon
to construct their said railroad ; and it shall be lawful foi
31i RAILROAD COMPANIES — INCOEPORAtEO.
May possess saicl Company to enter upon and take possession of and use
real estate. ^j| g^^^^^ lands and real estate as will or may be necessary
for the construction and maintenance of the said railroad, its
depots, side tracks, water stations, engine houses, machine
shops and other buildings and appendages necessary to the
construction of said railroad : Frovided^ that all lands or
real estate entered upon and taken possession of by said cor-
poration shall be paid for by said company in damages, if
any be sustained by the owner or owners thereof by the
Compensation use of the Same for the purpose of said railroad; and all
for lancUaken. jj^j^^^jg entered upon and taken for use of said corporation,
which are not donated to said company, shall be paid for
by said corporation, at such prices as may be mutually
agreed upon by the said company and the owner or owners
thereof; and in case of disagreement, the price shall be
estimated, hxed and recovered in the manner provided for
taking lands for the construction of public roads, canals and
other public works, as prescribed by the general laws now
in force, or which may hereafter be in force, providing for
the condemnation of land for purposes of internal improve-
ment.
Open booirs § 3. The pcrsous named in the first section of this act
for subscription ^^.^ hereby appointed commissioners, who, or a majority
of whom, are hereby authorized to open or cause to be
opened subscription books for the stock of said company, at
such time and in as many places as they may think proper,
and also to appoint one or more agents to open such books
First install- and receive such subscriptions. The said commissioners or
their agents shall require each subscriber to pay ten dollars
on each share subscribed, at the time of subscribing; and
whenever thirty thousand dollars ($80,000) are subscribed,
Meetini? of the Said commissioncrs shall call a meeting, in either the
etockhoiders. ^^^^^ ^^ Springfield, Wapella or Gilman, as a majority may
determine, of the stockholders, by giving tliirty days' notice
in some newspaper printed in the city of Sprinji^field, or by
personal notice, served upon each of the stockholders, of
the time and place of holding such meeting; and at such
meeting it shall be lawful for the stockholders to elect the
directors of said company, of which there shall not be less
than seven nor more than thirteen, and transact any other
necessary business; and when the directors are chosen, the
said commissioners shall deliver said subscription books,
Vvith all sums of money 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 Ijona fide
stockholder in said company.
Annual meeting § 4. The annual meeting of said directors shall be fixed
of directors, [jy t]ie bv-laws of the said directors; and at all meetings,
all stockholders shall be entitled to one vote for each share
held by such stockholders, upon which all installments
called have been paid.
RAILROAD COMPANIES — INCORPORATED. 215
§ 5. The directors of said company, after the same is stock subecrip-
organized, are hereby authorized and empowered to receive ^^"'^^
subscriptions to their said capital stock, on such terms and
in such amounts as they may deem for the interest of said
company, and as they may prescribe by their by-laws and
regulations, from any other railroad company or corporation,
and from any county, city, town or township, making the
same : Provided^ that no such subscription shall be made submitted .o
by any county, city^, town or organized township, until the ^'^-''^^ ^°'^i'^-
question of making such subscription shall have been sub-
mitted to a vote of the legal voters of such county, city or
township, in the manner liereinafter provided, nor unless a
majority of all the votes cast at such election shall be in
favor of such subscription.
§ 6. The right of way, and the real estate purchased for compensauon
the right of way or other purpose by said company, whether ^"'""siitoi way
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 money belonging
to the owner or owners of said lands, as a compensation for
the same, become the property of the said company, in fee
simple.
§ Y. In case of death, resignation or removal of the vacanciee.how
president, vice-president or any director, at any time be- ^^^^^'
fore the annual election, such vacancies shall be filled for
the remainder of the year by the board of directors; and
in case of the absence of the president or vice-president,
the board of directors shall have power to appoint a presi-
dent, pro tempore, who shall have and exercise such powers
and functions as the by-laws of said corporation may pro-
vide,
§ 8, Whenever it shall be necessary for the construe- crossings, etc
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, that the said company shall restore
the same, thus intersected or crossed, to its former state, or
in sufficient manner to restore its usefulness.
§ 9. Said company shall have power, by and with the Mayuniiewth
consent of the owners" of three-fourths of the capital stock o''^^"'°^<^^-
of said railroad company, to unite, connect or make run-
ning arrangements with any other railroad now or hereafter
constructed, crossing the railroad of said company, or built
at either end thereof; and, for that purpose, full power is
hereby given to said company to make and execute such
contracts with any other company as will secuie the object
of such connection.
§ 10. That the said railroad company by this act incor- ^f^y borrow
porated shall have the power to borrow money on the credit
of the company, not exceeding its authorized capital stock,
216 EAILKOAD COMPANIES — INOOEPOEATED.
Interest. at a rate of interest not exceeding ten per cent, per annum,
payable semi-annually, and may execute bonds therefor,
and secure payment of the same by mortgao^e 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 said company,
at par, at the option of the holders, if sucli election be sig-
nified, in writing, to the company, three years before the
maturity of such bonds.
jiayseiiboLds. § 11. That the directors of Said company be and they
are hereby authorized to negotiate and sell the bonds of
the said company at such times and places, either within or
without tliis state, and at such rates and for such prices as,
in their opinion, will best advance the interests of the com-
pany ; and it such bonds are negotiated or sold at a discount
below their par value, said sale shall be as valid and bind-
ing on the company, in every respect, as if the^' were said
[sold] or disposed of at their par value. That the said
company, in securing the payment of said bonds by a mort-
gage, [asl aforesaid, to secure the payment of the full
amount of the bonds which the company may, at the time
said mortgage bears date, or at any time hereafter, desire
to sell or dispose i 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
Mortgage valid, may deem i^dvisablo, till the v;hole amount of bonds men-
tioned in Buch mortgage is executed and sold ; and the
said mortgage shall be as valid and effectual to secure the
payment of the bonds so executeu and sold and every part
thereof, as if the same and every part thereof had been
executed with even date with the said mortgage.
Construction of § 12. The Said company is hereby autliorized to con-
struct and maintain bridges, for the use of said railway,
over any and all streams of water over or across wliich the
line of said railroad may run.
Towns and §13. The Several incorporated towus or citics, countics,
cities may talie " , . • j j a1 t i • • ..■
stocii. and townships organized under the township organization
law, or any other law of this state, along or near the route
of said road, or that are in any wise interested therein,
may, in their corporate capacities, subscribe to the stock of
said com})any, or make donation thereto, or may lend it or
their credit to said company, to aid in constructing and
equipping said railroad : Provided, that no such suliscrip-
tion, donations or loans shall be made until the same shall
be voted ibr as prescribed by law.
Eiectiops lor § \^ Whenever ten legal voters of any such incorpo-
Bubscriplions ol o . » i • i n i . i
6tock. rated town, city, county or township shall present to the
clerk thereof a written ap]ilication, requesting that an elec-
tion shall be held to determine whether such incorporated
city, county or township shall subscribe to the capital stock
bridges.
EAILKOAD COMPANIES — INCOEPOEATED. 21Y
of said companj, or make a donation thereto, or loan
money, bonds or its credit, to aid ia constructing or equip-
ping said railroad, stating the amount, and whether sub-
scribed, donated or loaned, and the rate of interest and
times of payment of the bonds to be issued in payment
thereof, such clerk shall receive and file such apphcation, Notice of eiec-
and shall immediately proceed to post written or printed *"^"-
notices of an election to be held by the legal voters of such
incorporated town, city, county or township; which notice
shall be posted in four of the most public places of such
incorporated town, city, county or township, for thirty days
preceding an election ; and said notices shall state fully the
object of said election; and said election shall be held and
conducted and returns thereof made as provided by law in
this state, and [make] returns thereof to one of the corporators
in this act, after an election has been held ; and if a majority
of the votes at such election shall be in favor of such sub-
scription, donation or loan, then the corporate authorities issuo bonds,
of such incorporated town, city, county or township, in a
manner prescribed by law, shall issue bonds to said rail-
road company, in such denominations as said company
shall designate, drawing interest at a rate of not exceeding
ten per cent, per annum, and the interest on said bonds to
be paid annually, and said bonds to be paid within twenty
years from date of their issue ; and any such incorporated Levy tax to
town, city, county [or] township subscribing stock, donating i"^J' ^"^^'■est-
or loaning to said railroad shall, [by] its proper corporate
authorities, annually thereafter levy a tax and collect the
same on its assessed property, to pay the interest on its
bonds so issued, as aforesaid: Provided^ that no such
bonds shall be delivered to said railroad company, or an}^
payment made on such subscription, donation or loan, until
an amount of work shall have been done on said railroad
as such incorporated town, city or township shall designate
equal in value to the amount so subscribed, donated or
loaned.
§ 15. Said corporation shall transport fire-wood and Articles offered
fuel of every description over its railroad, whenever the [?5n ^'"^"^p*""^**
same shall be oflered for transportation, at rates as low as
the rates said company shall charge for the transportation
of other freights of a similar class.
§ 16. This act shall be deemed a public act, and take
effect on and after its passage.
Appeoved March 30, 1869.
Vol.111— 28
218 EAILROAt) COMPANIES — INCOEPOEATED.
In force March AN ACT to incorporate the St. Charles and Alton Railroad Ferry Company.
13, 18C9.
Seotion 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That John
Ooi-porators. 0. Orriclv, Washington T. Miller and Adolphus F. Meyer,
their associates and assigns, are constituted a body corpo-
NameaBd style rate and pohtic, by the name and style of " The St. Charles
and Alton Railroad Ferry Company;" and, by that name
and style, are hereby made capable, in law and equity, of
suing and being sued ; also, of making and using a common
seal J and altering the same at pleasure.
Amount capita"; § 2. The Capital stock of Said company shall be five
siock. thousand dollars, to be divided into shares of one hundred
dollars each ; and the same may be increased, at the option
of the stockholders, to such an amount as the exigencies of
said company may require.
Transportation § 3. Said Company shall have authority to convey and
ot freigiic. transport persons and property across the Mississippi river,
at or near the city of Alton, in this state ; and, for this
purpose, may employ omnibuses and wagons, Oi' well-ap-
pointed steam ferry-boats and barges, or a combination of
both these methods of conveyance, as may be necessary.
The property and persons to be transported, as herein men-
tioned, shall be confined exclusively to railroad freights,
teams and passengers.
Contracts for § 4:. It shall be lawful for said company to make con-
tramportatioii. (j-acts with any person or persons, or body corporate, for
the transportation across the Mississippi river, at the place
aforesaid, of such persons and property transported or to
be transported over anv railroad, as mentioned in section
three, (3.)
Real estate. § 5. The said ferry company shall have authority to
acquire, by lease, purchase or other conveyance, real estate
in or near said city of Alton, not exceeding five acres, for
the purposes of its business.
§ 6. This act shall be deemed a public act, and be in
force from and after its passage.
Appkoved March 13, 1869.
lu force Afaroh AN ACT to incorporate the St. Louis and Du Quoin Railroad Coninauv.
4, 1869.
Section 1. Be it enacted hy the People of the State of
Ill'mois, represented, in the General Asseinbly, That Abram
Corporators. Mitchell, William K. Murpiiy, Geo. W. "Wall, Thomas H.
Burgess, J. C. Willis, Isaac M. jSfiely, and "William Elston,
their associates and successors and assigns, are hereby
EAILROAD COMPANIES — INCOEPOEATED, 219
created a body politic and corporate, by the name and style
of "The St. Louis and Du Quoin Eailroad Company," Name aud style.
with perpetual succession ; and, by that name, shall be and
are hereby made catpable, in law and equity, to sue and be corporate pow-
sued, plead and be impleaded, defend and be defended, in ^^^'
all courts ol'iaw 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 are hereby vested
with all the power, privileges and immunities which are or
may be necessary to carry into effect the purposes of this
act. And the said company are hereby authorized and LocaUou and
empowered to locate, construct and finally complete and road!'^"^'^'°'^ °^
put in operation a I'ailroad, from a point in St. Clair county,
on the Mississippi river, opposite the city of St. Louis, by
way of the cit7 of Belleville, southwardly, to the city of
Du Quoin, in Perry county, passing throui^h the town of ^o^tc of road.
Pinckneyville, in said Perry county; and, if said company
shall deem proper, the said road may deviate, so as to pass
through the town of Sparta, in Eandolph county, and may
also extend said railroad southwardly to Metropolis, in
Massac county ; and, for that purpose, the company are au-
thorized and empowered, upon the most eligible route, to
lay out their railroad for a single or double track, not ex-
ceeding one hundred feet, through the whole length ; and,
for the purpose of constructing embankments, may take as
much land as may be necessary tor the proper construction
and security of said railroad.
§ 2. The capital stock of said company shall be three ^Amount capUai
millions of dollars, and may be increased to six millions of
dollars, to be divided into shares of one hundred dollars
each, which shall be deemed personal property, and may
be issued, certified, transferred, and registered in such
manner and at such places as may be ordered and provided
by the board of directors. The immediate government and
direction of said company shall be vested in five directors,
who shall be chosen by the stockholders of said company,
in the manner herein provided, who shall hold their office
for one year after their election, and until others shall be
duly elected and qualified, a majority of whom shall form a
quorum to do business. They shall elect one of their num-
ber to be president of the comi)auy, and said board of direc-
tors shall have power to appoint all necessary clerks, secre-
taries and other ofiicers, necessary for the transaction of the
business of said corporation, and to require any appointee
to give bond and security. Examinations
§ 3. The said con;ipany are hereby authorized, by their ^° ^"'"'*=y^-
agents, surveyors and engineers, to cause f^uch examinations
and surveys to be made of the ground and country betvv'een
the terminal points aforesaid, as shall be necessary to deter-
mine the best route for the proper line or course whereon
to construct their said railroad. And it shall be lawful
220 KAILKOAD COMPANIES — INCOKPOEATED.
for said company to enter upon and take possession of and
use any and all such lands and real estate as may be
necessary for the construction and maintenance of their
said railroad : Provided, that all lands and real estate en-
tered upon and taken possession of and used by said cor-
poration, for the purpose and accommodation of said rail-
road, or upon which the site for said railroad shall have
been located or determined by said corporation, shall be
paid for by the said company in damages, if any be sus-
tained 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 cor-
poration at such price as may be mutually agreed upon
by the said corporation and the owner or owners of said
land ; and in the case of no agreement therefor, the price
shall be estimated, lixed and received, in accordance with
" An act to amend the law condemning right of way for pur-
poses of internal improvement," approved June 22, 1852.
ingof dtreaor*" § "^^ "^^'^ tivao, of holding the annual meetings of said
company for the election of directors and for the transac-
Eiection. ^-^^^ ^^ ^^^ Other busiucss by the stockholders shall be
fixed and determined hy the by-laws of said company ; and
at all meetings such stockholders shall be entitled to one
vote for each share of stock he, she or they may now and
will hold, hona fide, in said company, and such vote may
. . be given in person or by any lawful proxy.
books opraed°to § 5. The persons named in the first section of this act
capital etock. ^^^ 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 company, at such
time and at such places 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 five dollars or execute
a note therefor, as they shall determine, on each share sub-
scribed, at the time of subscribing ; and whenever a hun-
dred thousand dollars shall be subscribed, the"said commis-
stockhoiders. °^ sioiicrs shall call a meeting (or a majority of them shall) of
the stockholders by giving four weeks' notice in some news-
paper published in the counties of Perry and St. Clair;
and at such meeting it shall be lawful for the stockholders
to elect directors of said company ami transact .any other
business that may be deemed necessary ; and when the
directors are chosen the said commissioners shall deliver
said subscrijDtion books, with all the sums of money and
notes received by them or by any agent appointed b}'- them
as commissioners, to said directors. No person shall be a
director unless ho shall bo a hona fide stockholder in said
company.
forrigutofway! § 0. That the fight of way and the real estate pur-
KAILKOAD COMPANIES — INCORPORATED. 2iJl
chased for the right of way, and for other purposes, by said
company, whether by mutual agreement or otherwise, or
which shall become the property of the company by opera-
tion 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 compensation for the same, or upon
tendering the amount of money therefor, become tlie
property of the said company in fee simple, unless other-
wise agreed between said company and the seller thereof.
§ 7. That said company may take and transport upon RatcH of tuu.
said railway any person or persons, merchandise or other
property, by the force and power of steam or animal or other
proper and competent force and power, and may fix, es-
tablish, take and receive such rates of toll for all passengers
and property transported on 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 expedient to accomplish the designs and
purposes and to carry into effect all the provisions of this
act and for the transfer and assignment of its stock.
§ 8. The directors of said company, after the same is Further duties
organized, shall have the power to open books at such °^ ^'"^*^*^*"'^^
time and places as they may deem proper, for the subscrip-
tion of stock, until the whole amount of capital stock shall
be subscribed or such parts and amounts thereof as they
shall desire to have subscribed; and said directors are
hereby authorized and empowered to take and receive sub-
scriptions to their said capital stock on such terms and in
such amounts as they may deem for the interest of the
said company, and as they may prescribe by their by-laws
and regulations, from any other railroad company or corpo-
ration, and from any county, city, town or village ; and any v-aiidity of
such subscription shall be valid and binding upon any rail- ®^^''*''' °^ ^*°*'
road company, corporation, county, city, town or village
making the same : Provided, said subscription shall be
made in every respect subject to the provisions and restric-
tions of "An act supplemental to an act entitled 'an act
to provide for a general system of railroad incorpora-
tions,'" approved ISTovember 6, 184:9:' A7id provided, further, ^''--yMenfs.
said company shall be authorized to take or receive sub-
scriptions to their capital stock, payable in real estate.
And all owners of real estate may pay for their subscrip-
tions to the capital stock of said company by executing
their notes, with mortgage upon the whole or any part of
their real estate for the security of said notes, at a rate of in-
terest to be agreed upon by said company and the said own-
ers of real estate, not exceeding ten per centum per annum.
§ 9. In case it should at any time appear that an elec- Failure to elect
tion of directors should not be made on the day which in *^"^^^'^'3-
pursuance of this act or by the laws of said company it
222 EAILEOAD COMPANIES — INOOKPOSATED.
ought to be made, such failure to elect shall in nowise affect
the rights of said company, but such election shall be held
at any other time which may be directed by the directors.
Vacancy, how § 1^- ^^ case of death, resignation or removal of the
filled. president, vice-president or any of the directors, at any
time between the annual elections, such vacancy may be
tilled for the remainder of the year, whenever the same
may happen, by the remaining directors or a majority of
them ; and in case of the absence of the president or vice-
president, the board of directors shall have power to appoint
a president, pro temjpore^ who shall have and exercise
such powers and functions as the by-laws of the said cor-
poration may prescribe.
Intersections. § 11. That whenever it shall be necessary for the con-
struction of said railroad to intersect or cross a track of
any other railroad, or any stream of water or water course
or road or highway on the route of said road, it shall be law-
ful for the company to construct their railroad across or
upon the same : Provided^ that said company shall restore
the railroad, stream of water, water course, road or high-
way thus intersected or crossed, to its former state or in a
sufheieut manner not materially to impair its usefulness.
eonsoiidation § 12. That Said company shall have power and it is
of roads. hereby made lawful for said company to unite its railroad
with any other continuous line of railroad now constructed
or being constructed, or which may hereafter be constructed
within this state, which may cross or intersect the same, or
be built at; either end thereof, upon such terms as may be
mutually agreed upon between the said company and the
other conjpany so connecting ; and for that purpose, full
power is hereby given to said company to make and execute
Bucli contracts with any other company or companies, as
shall secure the object of such connections.
inSmonts. *" § 1^. That it shall be lawful for the directors to require
payment of the sum subscribed to the capital stock at such
times and in such proportions and on such conditions as
they shall deem proper, under penalty of the forfeiture of
all previous payments thereon, and shall give notice of the
payments thus required and of the time when and the place
or places where the same are to be made, at least thirty
days previous to the time of the payment of the same, in
some public newspaper printed at Bolle^•jlle or Du Quoin.
May Dorrow § 14. That Said company is hereby authorized, from
money. ^j^,^^^ ^^ time, to borrow such sum or sums of money as
may be necessary for completing and furnishing or oper-
ating the said railroad, and to issue and dispose of their
bonds in deiiominatioiKs of not less than five iiundred dol-
lars, bearing a rate of interest not excuediug ten per cent.
BondaBecured P*^^'^^^^"^^'"' ^^"^ ^"^^' amouut to be borroM'cd, and to mort-
by deeds un»t. gago their Corporate property and franchises, or convey by
deed of trust to secure tiio payment of any debt contracted
RAILROAD COMPANIES INCORPORATED. 223
by said company for the purposes aforesaid ; and the directors
of said company may confer on any bondholder of any bond
issued for money borrowed, as aforesaid, the right to con-
vert the principal due and owing thereon into stock of said
company, at any time, not exceeding ten years from the
date of said bond, under such regulations as the directors
of said company may see fit to adopt -, and all sales of
such bonds shall be good and valid and binding upon said
corporation as if such bonds had been sold for the full
amount thereof.
§ 15. Every conductor, baggage master, engineer, tfjifsf'^' '""^^uia-
brakeman, and other servant of said corporation, employed
on a passenger train or at a station for passengers, shall Badges
wear upon his hat or cap a badge, which shall indicate his
office, the initial or style of the corporation. No conductor
or collector, without such badge, shall demand or be en-
titled to receive from any passenger any fare, toll or ticket
or exercise any of the powers of his office ; and no other
of said officers or servants, without such badge, shall have
any authority to meddle or interfere with anj passenger,
his baggage and property. In forming passenger trains,
baggage or freight or merchandise or lumber cars shall Eoiims stock.
not be placed in the rear of passenger cars ; and if they or
any of them shall be so placed and an accident happen to
life or limb, the officer or agent who so directed or know-
ingly sufiered such arrangement and the conductor or en-
gineer of the train shall each and all be held guilty of a
misdemeanor, and shall be punished accordingly. The Evidence of act,
cerrificate of the secretary of said company, under the cor-
porate seal thereof, shall be received in all courts of justice
and elsewhere as evidence of the regular organization of
said company under its charter and of any act or order of
the board of directors of said company,
§ 16. That the width of said road shall be determined width of road.
by the directors of said company, within the limits pre-
scribed by the first section hereof. The said company shall
carry and transport the mail of the United States on such
terms as may be agreed, and all such freights and passen-
gers as may be oft'ered, if required so to do, on the terms
usual with like railroad companies.
§ 17. This act shall bo denied a public act, and is taS'^/^ecf.'"' ^'^
hereby so declared, and shall be favorably construed for all
purposes herein expressed and declared in all courts and
places whatsoever : J^rovided, that said railroad company Timeofcom-
11, .1 . ' ,, . 1 ., ,.,.'■„'' pletioE of road
shall commence the construction or said railroad withm five ofrauroadi?, etc.
years and complete the construction of so much of said rail- '"°^^'
road as lies between Du Quoin and the terminus on the Mis-
sissippi river, within eight years from the passage of this act :
And provided^ that said company shall not be required to
commence the construction of so much of the said road as
would lie between the terminal point on the Mississippi
224 KAILKOAD COMPANIES — INOOHPOEATED.
river and tlie city of Belleville within ten years from the
May purciia?e passage of this act : And provided^ further^ that said com-
roadsf^^ ^^"^^^ P^oy ^lay, if deemed proper, acquire, by lease or purchase
or otherwise, the title to or the right to operate any rail-
road that may now be owned and operated by any other
company between said city of Belleville and the said term-
inal point on the Mississippi river; and such acquisition,
by lease or otherwise, shall be deemed, to all intents and
purposes, the same as though said company hereby created
had constructed such road as acquired. The company
hereby created may, also, acquire the right to run its trains
over any bridge that may be now in course of construction
or hereafter commenced across said Mississippi river, and
may establish, have and own, in said city of St. Louis,
such otSces and depots for doing business as may be neces-
sary and proper to the full enjoyment of the franchises
hereby granted.
§ 18. This act shall take effect and be in force from and
after its passage.
Appkoved March 4, 1869.
Ill force March AN ACT to incorporate the St. Louis and Evansville Railroad Company.
26, iseg. ^
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That Vital
Corporators. Jarrot, Edward V. Pierce, Samuel E. Flannigan, Dewitt
C. Barbour, Abel Longworth, Calvin M. Clark, Samuel S,
Marshall, Thomas H. Dillon, James M. Lasater, John M.
Crebbs, Jasper Partridge, Andrew D. Duff, and Charles
Yeile, and their associates, successors and assigns, are here-
by created a body corporate and politic, under the name
Name and style, and Style of " The St. Louis and Evansville Railroad Com-
pany," with perpetual succession ; and, by that name,
corporatepow- both in law and equity, may sue and be sued, plead and be
^'®' impleaded, defend and be defended against, in any court in
this state or any other place; and may make, have and
use a common seal, and alter the same at pleasure ; and
may receive, purchase, hold, sell, lease, convey and deliver
real and personal property, for the purposes hereinafter
mentioned; and shall have all the powers, privileges, rights
and immunities which are or may be necessary and proper
to carry into etfect the purposes and objects of this act.
Locateandcou- § 2. The St. Louis and Evansville llailroad Company
Btnictroad. ^j^.^jj j^^^,^ j-^^lj powor and authority to locate and, from time
to time, to alter, change, relocate, construct, reconstruct,
and to fully finish, equip and maintain a railroad, with one
or more tracks, from the city of East St. Louis, in St.
Ronte of rottd. q\q\y county, by the way of Tamaroa, in Perry county,
Benton, in Franklin county, McLeansboro, in Hamilton
county; running east to some point on or near the line be-
tween this state and the state of Indiana, at or near Evans-
KAILROAD COMPANIES — INOOEPOBATED.
225
ville, Indiana ; and for this purpose, said company is an-
tliorized to lay out its said road not exceeding one hundred
feet wide, throughout the entire length of said road ; and,
for the purpose of attaining stone, earth, sand or gravel,
may take and appropriate as much more land as may bo
necessary tor the proper construction, maintenance and se-
curity of said railroad, and for constructing shops, depots,
and other suitable and convenient buildings and fixtures in
connection with and appurtenant to said railroad, may take
and have, use and occupy any lands, upon either side of
said railroad, not exceeding three hundred feet in depth
from said railroad ; and may take, have, use, and occupy all
lands necessary for tlie construction and preservation of all
necessary bridges fur said railroad; and said company may
take all such lands, by gift [or] purchase, making satisfac-
tion for the same in the manner hereinafter provided.
§ 3. The said company, and under their direction, their snryevB nnd
agents, servants and workmen, are hereby authorized and ^^=^°^'"'^^'''"^-
empowered to enter into and upon the lands and grounds
of or belonging to the state or to any person or persons, body
politic or corporate, and survey or take lands [levels] of the
same, or any part thereof, and to ascertain and let out such
part or parts as they shall think necessary and. proper for
making said railroad, and also to make, build, erect or set
up in and upon the route of said railroad or upon the land,
adjoining or near the same, all such works, ways, or roads
and conveniences, as may be requisite and convenient for
the purposes of said railroad ; and also, from time to time, General powers,
to alter, repair, construct or reconstruct, widen or enlarge
the same or any of the conveniences above mentioned, as
well f )r the carrying and conveying goods, commodities,
timber and other things to and upon the said railroad, as
fi^r carrying all kinds of materials necessary for the making,
erecting, furnishing, altering, repairing, amending, recon-
structing or enlarging the works of or connected with tlie
said railroad, and contract and agree with the owner or own-
ers thereof for timber, earth, stone, sand, gravel or other
material, or any article whatever, which may be wanted in
the construction or repairing of said railroad or any of its
appurtenances, said company doing as little damage as pos-
sible in the execution of the powers hereby granted, and
making satisfaction in the manner hereinafter mentioned
for all daniciges, if any there be, sustained by the owner or
owners of said land.
§ 4. Said company shall make contracts and agree with Contracts,
the owner or ownei'S of such land or lands as the said com- Owners of land,
pany may wish to use or occupy for the purpose of said rail-
road or for the jjurposo of securing said gravel, stone, earth,
timber or ot'ier material, to be used in tlie construction of
said railroad, for the repiir of the same; and in case said
company cannot agree with the owner or owners of all or
Vol. 111—29
226 KATLROAD COMPANIES — INCOEPORATBD.
any part of such lands, as aforesaid, so as to procure the
same, by the voluntary deed or acts of such owner or own-
Whenowuera crs, or if the owner or owners thereof, or any or either of
mmor, c;c. them, be 2^ femrae covert, an infant, non cowpos mentis^
unknown, or out of the county, in which the land or any
property be situated, the same may be taken, condemned
and paid for, if any damao:es are awarded, in the manner
provided by the general laws now in force or which may
hereafter be in force providing for the condemnation of
lands for purposes of internal improvement.
Amonn'ofcap- § 5. The Capital stock of Said Company shall bc oue mil-
ituistocic. |.^^ (1,000,000) dollars, and the same may be increased,
by a vote of the majority of the stockholders, at any regular
meeting or at any called meeting, before notice being given
to each stockholder of such meeting and its objects : Pro-
vided^ the total amount of stock shall not exceed the sura
necessary to build and complete said railroad and furnish
the necessary buildings, machine shops, station houses, wa-
ter tanks, wood shed, depots, engine, freight and passen-
ger cars, and all other necessary rolling stock for carrying
on the business of said railroad,
stock deemed § 6. The Capital stock of said company shall be divided
fy'-md^'iaiisfa:- i^to sharcs of 0110 liiiudred dollars, which shall be deemed
*^'^- personal property, and may be issued, certiHed and regis-
tered in such manner and in such places as may be ordered
or provided by tlie board of directors, who shall have pow-
er to require the payinent of stock subscription in the
manner and at the time and place and in such sums as they
Collection of may direct ; and on refusal or neglect on the part of any
been'forceci'.'*''^ stockholders to pay the calls on tlie stock owned by him
or her, as required by the board of directors, the share or
shares belonging to such stockholders, may, after thirty
days' public notice, be sold at auction, under such rules as
the directors may adopt; and if any surplus may remain,
after deducting the payment due, with interest and neces-
sary costs of sale, the same tliall be paid to the delinquent
stockholders.
Vote of St. ck- § 7. Each share of stock on which there shall be no un-
paid calls shall entitle the owner thereof to one vote, either
in person or by legal proxy : Provided, that he or she shall
have been the bona Jide owner thereof for thirty days pre-
vious to the day of meeting at which said vote shall be otter-
ed, and, f»rthat purpose, the ownership of shall be deter-
mined by the bnoks of the company,
?owei-.i of ihe § 8. The attiiirs of said company shall be managed by a
duu.ioiB. Koanl of thirteen directors; and Vital Jari'ot, Edward Y.
Pierce, JJewitt C IJarbour, Able Lonirwcrtli, Samuel E.
^ Klanmigin, (Jalvin M. Clark, Aiulrew D. Dntt". Samuel 8.
Mar^hall, jamo^ M. Lasatvr. J«ihn M. Crebbs, Jasper Part-
ridge, Chailes Veileand T. 11. Dillon are hereby ap])oiuted
the first board, who shall hold their offices until their sue-
RAILROAD COMPANIES — INCORPORATED. 227
cessors are elected and qualified, in such manner as may be
prescribed by the by-laws of said company. Said board Pmegcs.
shall have the power ofelectine^ one of their number presi
dent and such other otiicers as may be prescribed by the
by-laws. And such corporation shall be and is hereby in-
vested with all the powers conferred upon railroad corpora-
tions by the general railroad laws of the state of Illinois or
any amendment now made or hereafter to be made thereto.
i 9. The said company shall have power to borrow May borrow
money to build, construct and equip said railroad, and [to] se-
cure the payment of said money may mortgage lands, road
or other property of said companj' ; may give bond on the
income or any portion thereof, and may, by their officers or
agents duly authorized, (shall) dispose of, negotiate or hy-
pothecate such bonds, stocks or mortgages belonging to
said company, at such times and places, and at such rates
and for such prices as in their opinion will best advance the
interests of said company ; and if such bonds, mortgages or saie of bonds
stocks are sold at a discount, such sale shall be as valid and ^^^i^-
binding, in every respect, as if sold at par value; and said
company may authorize the holders of any bond or mort-
gage, issued as aforesaid, to convert the same into the stock
of the company: Provided, the stock then issued shall n it
increase the actual issue beyond the amount of capital nec-
essary to complete and equip the said road, as before men-
tioned.
§ 10. The several towns, cities or counties, through or near towd? and
[which] said railroad shall pass, may subscribe for and take stock.
stock in the company in any amount, not exceeding two
hundred thousand (200. OuO) dollars, and may issue bonds,
in payment of such stock, of live hundred dollars each,
bearing interest at the rate of eight per cent., per annum,
or less, payable half yearly in the city of New York, on the
first days of January and July of each year — said bonds to
run not longer than twenty five years; and a tax ot not
more than one dollar on eac i one hundred dollars' worth of
taxable property may be levied and collected in such towns, le^uou onaxes
cities or counties, to pay tlie installments on such stock or
to pay the principal of bonds issued in payment of such
stock : Provided, no such 8ul)Scription shall be made and
no such bonds shall be issued and no such tax shall be
levied, unless the majority of the legal voters of such city,
town or county shall vote for the same, at an election to be
held under an order of the corporate authorities in cases of
towns and cities, and of the ci>unty courts in cases of coun-
ties; and in all cases of such elections, at least thirty days'
previous notice thereof shall be given in the manner now
prescribed by law : Provided, further, that a majority of i^^ai'^^rr's'^ *°
the legal voters at any such election shall he held to be a °
majority ot" the legal voters of any such town, city or coun-
ty ; and the question of making a subscription, issuing
228 KAILEOAD COMPANIES — INCORPORATED.
bonds and levying taxes, may be submitted as one question
or as separate questions, at sucb election ; and either or
all of said questions may be submitted to an election, at
any time, by the direction of the authorities authorized to
call such election.
May connect § 11. Said Company shall have power to connect its
with other roads j.^ilroad with auy continuous line of railroad now construc-
ted in this state or the state of Indiana, on such terms as
may be agreed upon between said compianies, and shall
have power to open subs^cription books, in this or any other
state, at such time and places as shall be determined by
the president and directors, and shall have power to issue
stock in payment for labor, materials, rolling stock or other
machinery, in constructing, equipping or operating said
railroad, and shall have the power to issue bonds and sell
the same for money, labor, materials or rolling stock, to be
used in building or operating said railroad.
Mayn-gotiate § 12. Said compauy sliail have power to enter upon and
roads!""*^''"^^^^'^ negotiate for any abandoned or unoccupied road-bed, upon
the line of said railroad, and agree with the owners thereof
as to the value of such road-bed, and make compensation
for the same in the stock ot the company or otherwise.
Injury to road, § 13. If any persou shall willt'ully, maliciously or wan-
peuuityfor. touly and contrary to law obstruct the passage of any car
on said road or any part thereof or any thing belonging
thereto, or shall damage, break or destroy any part of the
said railroad improvements or buildings, he, she or they, or
any person assisting, shall forfeit and pay to said company
for every such offense treble the amount of damages that
may be proved before any comjietent courts having juris-
diction of the same, and paid for in the name and in be-
half of the said company ; and such offender or offenders
shall be deemed guilty of a misdemeanor, and shall be lia-
ble to an indictment in the same manner as other indict-
ments are found in any county where such offense shall
have been committed ; and, upon conviction, every such of-
fender shall be liable to a tine, not exceeding five thousand
dollars, for the use of the county where such indictment
may be found, and may be imprisoned in the county jail
for any time not exceeding six months, at the discretion of
the court.
Articles offered § 14. Said Corporation shall transport fire wood and
for^ trausporta- ^-^^^^^ ^^' Qy^,yy deecri])ti()n, over its railroad, whenever the
same shall be offered for transportation, at rates PS low as
the rates said company shall charge for the transportation
of other tVcights of a similar class.
§ 15. This act shall be a public act, and be in force from
and after its passage.
Approved March 26, 1SG9.
KAILKOAD COMPANIES — INCOEPOKATED. 229
AN ACT to incorporate the St Louis, Mount Carmel and New Albany Rail- In force April
road Oouipauy. !> ^^^ i.
Section 1. Be it enacted dy the People of the State of
Illinois, represented in the General Assembly^ That Win. corporatoi-s,
Frieiid, Robert Bell, William W. McDowell, James M.
Sharp, F. B. Thompson, John Bri^^senden, Alexander Stew-
art, Aaron E. Scutt, Martin M. Wheeler, Daniel Wingate,
Samuel K. Case^y, Willis D. Green, Amos Watts, Daniel
Ilaj, Frederick Feiper and Vital Jarrot, and their associ-
ates, successors and assia^ns, are hereby created a body pol-
itic and corporate, under the name and style of "The Saint Name and s;yie.
Louis, Mount Carmel and New Albany Railroad Compa-
ny," with perpetual succession ; and, by tiiat name, both Corporatepow-
in law and equity, may sue and be sued, plead and be im ^'^^■
pleaded, defend and be defended against, in any court in
this state or any other place, and may make, have and use a
common seal, and alter the same at pleasure ; and may re-
ceive, purchase, hold, sell, lease, convey and deliver real
and personal property, for the purposes hereinafter men-
tioned ; and shall have all the powers, privileges, rights and
immunities which are or may be necessary and proper to
carry into effect the purposes and objects of this act.
§ 2. Tlie Saint Louis, Mount Carmel and New Albany coa^tructioi^
Railroad Company shall have full power and authority to '^'" '"'' ''^^'
locate, and, from time to time, to alter, change, relocate,
construct, reconstruct, and to fully finish, equip and main-
tain a railroad, with one or more tracks, from the east bank Ko.ueofroad.
of the Mississippi river, opposite the city of Saint Louis, to
the city of Mount Carmel, on the Great Waba-h river, by
way of Mount Vernon, in Jeflerson county, Fairfield, in
Wayne countj'^, and Albion, iw Edwards county; and, for
this purpose, said company is authorized to lay out its said
road, not exceeding one hundred and fifty feet wide,
throughout the entire length of said road; and, for the pur-
pose of obtaining stones, earth, sand or gravel, may take
and appropriate as much more land as may be necessary
for the proper construction, maintenance and security of
said railroad; and, for constructing shops, depots and other
suitable and convenient buildings and fixtures in connection
■with and appurtenant (ces) to said railroad, may take and May ta e lands.
have, use and occupy any lands, upon either side of said
railroad, not exceeding throe hundred feet in depth from
said railroad; and may take, have, use and occupy all lands
necessary for the constructiori and preservation of all nec-
essary bridges for said railroad. And said company may
take all sucn lands by gift, purchase or making satisfaction
for tiie same, in the manner hereinafter provided,
§ 3. The said company, and, under tb.eir direction, smyevs and
their agents, servants and workmen, are hereby authorized '^^•*'"'"-*
230 RAILROAD COMPANIES — INCORPOEATED.
and empowered to enter into and upon the lands and
grounds of or belongini>: to the state or to any person or
persons, body politic or corporate, and survey and take
levels of the same, or any part thereof, and to ascertain and
set out such part or parts as they shall think necessary and
Construction of proper for makino; said railroad, and also to make, build,
builclin'''s etc. *■ ' , ^ " , '
erect or set up in and upon the route of said railroad or upon
the land adjoining or near the same, all such works, ways or
roads and conveyi^,nces, as may be requisite and convenient
for the purposes of said railroad, and, also, from time to time,
to alter, repair, reconstruct, widen or enlarge the same, or
any of the conveniences above mentioned, as well lor the
carrying and conveying goods, commodities, timber and
other things, to and upon the said railroad, as for carry-
ing all kinds of materials necessary for the making, erect-
ing, furnishing, altering, repairing, amending, reconstruct-
Materiais. iijg or enlarging the works of or connecting with the said
railroad, and contract and agree with the owner or owners
thereof for earth, timber, stone, sand, gravel or other mate-
rials, or any article whatever, which may be wanted in the
construction or repairing of said railroad or any of its
appurtenances, said company doing as little damage as pos-
sible in the execution of the powers hereby granted and
making satisfaction, in the manner hereinafter mentioned,
tor all damages, if any there be sustained, by the owner or
owners of said land.
Procure addi- g 4. Said Company may contract and agree with the
owner or owners of such land or lands as the said company
may wish to use or occupy for the purpose of said railroad,
or for the purpose of procuring said gravel, stone, earth,
timber or other material, to be used in the construction of
said railroad for the repair of the same ; and in case said
„,^''^° "7"®'' company cannot agree with the owner or owners of all or
miiior, ate. r> i i i •
any part of such lands, as atoresaid, so as to procui'e the
same by the voluntary deed or act of such owner or owners^
or if the owner or owners thereof, or any or either of them,
be a fe) lime covert, an infant, n on compos mentis, unknown,
or our, of the county in which the lands, or any property
wanted be situated, the same may be taken, ct)ndemMed
and paid for, if any damages are awarded, in the manner
provided by the general laws now in force or which may
hercalter ite in force providing for the condemnation of the
right of way for pur])uses iA' internal improvement; and the
final decision or award shall vest the com[)nny hereby cre-
ated with all the riglits, ])rivileges, powers, franchises and
ininiunitics in said act contemplated.
AmouutciJiiitai § 5. The Capital stock of said company shall be four
^'^'"^^" millions of dollars, and the same may beincreaaed by a vote
of the majority of the stockholders at any regular meeting
or at any called meeting, legal notice being given to each
stockholder of such meeting and its objects: Provided, the
RAILROAD COMPANIES — INCORPORATED. 231
total amount of stock shall not exceed the sum of eight mil-
lions of dollars.
§ 6. The capital stock of said company shall be divided stock shfires
into shares of one hundred dollars each, which shall be Ifl^'^''^^ p"^"?'
deemtd personal property, and may be issued, certified and
registered in such manner and in such places as may be or-
dered or provided by the board of directors, who shall have
power to require the payment of stock subscriptions in the
manner and at the time and place and in such sums as they
may direct ; and on such refusal or neglect on the part of saie of deim-
any stockholder to pay the calls on the stock owned by him i"*^^' ^''°c^'-
or her, as required by the board of directors, the share or
shares belonging to such stockholder may, after thirty days'
public notice, be sold at auction, under such rules as the di-
rectors may adopt; and if any surplus money remain, after
deducting the payment due, with interest and necessary
costs of sale, the same shall be paid to the delinquent stock-
holder.
§ 7. Each share of stock on which there shall be no un- who entitled
paid calls shall entitle the owner thereof to one vote, either to^oie.
in person or by legal proxy : Provided, that he or she shall
have been the bonajide owner thereof for thirty days previ-
ous to the day of meeting at which such vote shall be
offered, and, for that purpose, the ownership of said stock
shall be determined by the books df the company.
§ 8. The board of directors of said company shall condst First hoard of
of seven per^-^ons, each of whom must be a stockholder there-
in; and the first board of directors shall be chosen within
one year from the passage of this act, and shall hold their
offices for one year and until their successors are duly
elected and appointed; and said board of directors shall Election of
elect one of their own number president and shall al?o elect °
a secretary and treasurer, and such other officers as may be
necessary for the transaction of the busiiiei-s of said com-
pany, who shall hold their offices as the rules and by-laws
of said company shall determine. Vacancies in the said
board may be tilled by vote of two-thirds of the directors re-
maining— such appointees to continue in office until the
next regular annual election of directors.
§ 9. The said company shalt have power to purchase ^ray iinrchase
lauds with the stock of said company, or otiierwise, and to i^nds wuti stocii
borrow mt«ney to build, construct and equip said railroad ;
and, to secure the payment of said money, may mortgage
the lands, road or otlier property of said conipany ; may
give bond on the income or any portion thereof, and may,
by their officers or agents duly autliorized, sell, dispose of,
negotiate or hj^pothecate such bonds, stocks or mortgjjges
belonging to said company, at such tiuies and places and at
such rates and for such prices as in their opinion will best
advance the interest of said company ; and if such bonds, Saje of bonds
mortgaeres or stocks are sold at a discount such sale shall
233 RAILKOAD COMPANIES — INCOEPOKATED.
be as valid and bindinor, in every respect, as if sold at par
value; aud said compauj may authorize the holders of any
bond or mortgage, issued as aforesaid, to convert the same
into the stock of the company : Frovidtd^ the stock thus
issued shall not increase the actual issue bejond the amount
of eiiiht millions, as before mentioned.
Towns and § 10. The Several towns, cities or counties through or
stock."^^^ ^^^'^ J^sar -which said railroad shall pass, may subscribe for and
take stock in this company, and may issue bonds, in pay-
ment for said stock, of five hundred dollars each, bearing
interest at th'e rate often per cent, per annum, or less, paya-
ble half yearly in the city of JSew York, on the first days
of January and July, in each year, and bonds to run not
Levy tax to longer than twenty-live years ; and a tax of not more than
i)aj iuLerc.st. one dolhu' ou eacli one hundred dollars' worth of taxable
property may be levied and collected in such town, city or
C'lunty, per annum, to pay the installments on such stock,
or to pay the interest and principal of bonds issued in pay-
ment for such stock: Provided^ WvaX no such subscription
shall be made, no such bonds shall be issued, and no such
Submitted to ^'^^ shall be levied, unless a majority of the legal voters of
legal voteis. g.^j txjvvn, city or county shall vote for the same at an elec-
tion to be held under order of the corporate authorities in
cases of towns and cities, and of the county court or board
of supervisors in cases of counties: Promded^ further^ that
a majority of legal voters at any such election slmll be held
as a majority of the legal voters of any such town, city or
count}'; and the questions of making a subscription, issuing
bends and levying taxes, may be submitted as one ques-
tion or as sepaiate questions at such election ; and either or
all of said questions may be submitted to an election, at
any time, in the discretion of the authorities authorized to
call such election. No such election shall be held, unless
Tiotice of the same [be given,] for at least thirty days prior
to the day of holding such election, in the manner now pre
scribed by law for giving notices of elections.
MnyuTiiiewith | 11, Said Company sliall have power to connect its rail-
'' '""^ '^" road with any continuous line of railroad now constructed
ill this state or the state of Indiana, on such terms as may be
agreed upon between said companies, and shall have power
to open subscrii>tion books in this or any other state, at
fuch tiuies and [)laees as sliall be determined by the presi-
Lnbor and ma- dt'iit iiiul dircctiirs, and sluiil have power to issue stock in
finals received, p 1^^^.,,^ f^j,. labor, uiatcrials, rolling stock, or other ma-
chineiy, in constructing, eqiiij)ping or o])erating said rail-
road, and shall have power to issue bond.s and tell tlie same
lor money, labor, materials or rolling stock, to be used in
building or oi)erating said railroad.
Avtuicsofrered ^ 12. Said Corporation shall transport firewood and
liun. fuel, 01 every description, over its railroad, whenever the
tjume shall be ofiered for transportation, at rates as low as
RAILROAD COMPANIES — INCORPORATED. !i^^
the rates said company shall charge for the transportat'on
of other freights of a similar class.
§ 13. This act to be a public act, and to be in force from
and after its passage.
Approved April I, 1869.
AN ACT to incorporate the St. Louia, Paaa and Detroit Railroad in for o April
Company. 9, 1S69.
Section 1. Be it enacted by the People of the Slate of
Illinois^ represented in the General Assembly^ That A. C. corporatora.
Vandewater, John L. Hajward and J. C Helinick, of
Christian county, John Casey and George Durkee, of Shel-
by county, J. T. Alexander, of Bond county, David Gil-
lespie, J. W. Kitchell, Abraham Middlesworth, Daniel M.
Turney, Joseph E. Eden, Beverly H. Cornwell, Maiden
Jones. W. H. Lamb, George Hunson, John L. Tincher,
and Wm. P. Chandler, are hereby made and constituted a
body corporate and politic, by the name and style of "The Name and style.
St. Louis, Pana and Detroit Pailroad Company," with per-
petual succession ; and, by that name and style, shall be corporatepow-
capable, in law, of taking, purchasing, holding, leasing, ^'^^'
selling and conveying estate and property, whether real,
personal or mixed, so far as the same may be necessary for
the purposes hereinafter mentioned, and no farther; and,
in their corporate name, to sue and be sued ; to have a com-
mon seal, which they may alter or renew at pleasure ; and
may liave and exercise all powers, rights, privileges and
immunitias which are or may be necessary to carry into
eifect the purp >ses and objects of this act, as the same are
hereinafter set forth.
§ 2. That said company are hereby authorized and em- May locate road
powered to locate and, from time to time, to alter, change construction of
and maintain a railroad, with one or more tracks, commencing '°'''^"
at or near Bloody Island, in the state of Illinois, opp'^site
the city of St. Louis, in the state of Missouri, on the Mis-
sissippi river; thence, on the most practicable route, to be Route of roi.d
determined by said directors or their successors in ofiice,
from said point to the city of Pana, in Christian county,
state of Illinois ; thence, in the direction of Detroit, in the
state of Michigan, by the way of Sullivan, in Moultrie
county, Tuscola, in Douglas county, and Danville, in Yer-
milion county ; and the said company are further autho-
rized to use and operate said railroad, and shall have pow-
er and authority to regulate the time and manner in which
goods, eliects and persons shall be transported on the same,
and to prescribe the manner in which said railroad shall be
VoL 111—30
234 RAILROAD COMPANIES — INCOKPOKATED.
used and the rate of toll for transportation of persons or
property thereon, and for the storage of merchandise or
other property under their charge, and shall have power to
provide all necessary stock and materials fur the operation
of said road, and shall have power to erect all necessary de-
pots, stations, shops, and other buildings and machinery,
for the accommodation, management and operation of said
road.
•First board of § 3. The following named porsons shall constitute the
direciors. gj.g^ board of directors, to wit : A. C. Yandewater, John S,
Hay ward, J. C. Helmick, John Casey, George Durkee, J.
F. Alexander, David Gillespie, J. W. Kitcliell, Abraham
Middlesworth, Daniel M. Turney, Joseph E. Eden, Bev-
erly H. Cornwall, Maiden Jones, W. H. Lamb, George
organizaUon. Hunsou, Johu L. Tinchcr and Wm. P, Chandler, Said
directors shall organize the board within three years from
the passage of this act, by electing one of their number
president and by appointing a secretary and treasurer.
And the directors present shall certify the said organiza-
tion, under their hands, which certificate shall be recorded
in the record book of said company, and shall be sufficient
Term of office, evidence of the organization of said company. The direc-
tors herein named shall hold theiroffice until the first Wed-
nesday in October following their organization and until
their successors are elected and qualified as hereinafter pro-
vided for. Vacancies in the board may be filled by a vote
of two-thirds of the directors remaining at any regular
meeting or at any special meeting called for the purpose.
Openbooksfor § 4. The withiu named directors shall, within ninety
anbscnptioD. ^^^^ ^^^^^ ^j^^j^. Organization, give at least thirty days' no-
tice of the time and places along the line of said road when
books will be opened for the purpose of procuring subscrip-
tions to the capital stock of said company, and said direc-
tors shall continue to receive subscriptions, either person-
ally or by such agents as they shall appoint for that pur-
pose, until the sum of one hundred thousand dollars is sub-
siirvey audio- scribod aiul five per cent, paid thereon. Said directors, or
cateraiiroa . tjjgjj. succcssors, may procced, by their engineers, to sur-
vey, locate and construct said railroad, as prescribed by the
general laws of this state now in force or which may here-
after be enacted, providing for the condemnation of land
for the purposes of internal improvement. Certificates of
stock shall he signed by the president and Ci)untersigned
by the secretary and treasurer of said company, each of
whom shall keep a fair record of the same, which shall be
subject to the ins|)ection of any stockholder.
Annual eieciion. ^ 5. Said board of directors and each succeeding board
Board of direc- sliall give at least thirty days' notice, previous to the first
*""• Wedne.-day in October of each year, of an election by the
stockholders of a board of fifteen directors, at least eleven
of whom shall be chosen from stockholders resident within
KA.ILROAD COMPANIES — INCOBPOKATED. 235
the counties through which the road is located. All elec-
tions fur directors shall be held at the city of. At ^^Who entitled
any election held for directors each share of stock shall be
entitled to one vote, to be given either in person or by-
proxy, and the persons receiving the largest number of
votes to be declared duly elected, and to hold their office
until the next annual election and until their successors
are elected and qualilied. All elections for directors to be Judges of eiec-
conducted by three judges, selected by the stockholders '^"'^"
present. IS'o stockholder shall be allowed to vote at any
election after the first for any stock which may have been as-
signed to him within thirty days previous to said election
or upon any stock upon which there is any due and unpaid
installments.
§ 6. If any board of directors fail or refuse to give no- .on refusal to
. " . , . *' 1 . •/• n f .1 1 1 ,_■ /? gi'^'J notice of
tice ot the time herein specified for the annual election of election,
directors, then any five stockholders may, in writing, re-
quire the secretary to give thirty days' notice, and it
shall be his duty to give said thirty days' notice, so required
for anv election of directors ; and at the expiration of the
time, the stockholders present shall proceed and elect di-
rectors as herein provided, for the election of directors, and
the directors so elected shall constitute the legal board.
§ 7 The general otfice of the company shall be located Location of
in the city of , where all the books of record °^'^®'
shall be kept and the general business of the company shall
be transacted. Said otfice may be located at the city of
by the action of two-thirds of the directors, at
the annual meeting or at any special meeting of the said
board of directors called for the purpose of determining
the location of said offices. There shall be kept at the
secretary's ofiice, in the city of , a full record
of the name and residence of each stockholder and the
number of shares held by each. Said record shall, at all
times, during business hours, be subject to the inspection of
any stockholder.
I 8. The several counties, cities, villages, incorporated ^.j^T^g^'^^j^y ^^^e
towns and the several townships in counties having town- Btock.
ship organization, through or near which the said road shall
be located, are hereby authorized to raise money, by a tax
to be levied upon all the real and personal property in the
said several counties, cities, villages and incorporated towns
and townships, and to subscribe the same to the capital
stock of said corporation hereby created, for the purpose
of aiding in the construction and completion of said road ;
and the said several counties, cities, villages, incorporated issue bonds.
towns and townships, as aforesaid, are further authorized
to issue bonds, drawing interest at the rate of ten per cent,
per annum ; which said bonds shall be negotiable and pay-
able in the city of New York, in not less than one nor
more than ten years after the date of the same : Provided^
236 KAILROAD COMPANIES INCOKPOKATED.
that DO subscription shall be made or no taxes be levied
until the same shall be voted for as hereinafter provided.
Request for an § 9. Whenever twenty-live voters of any such county,
eiecuou. village, town or township shall make a written application
to the county clerk of such county, or twenty-live voters
of any such city, incorporated village, town or township
shall make such application to the clerk thereof, requiring
an election by the legal voters of such county, city, village,
town or township, to determine whether such subscription
shall be made and such tax levied, specifying in such appli-
Noticeofsiec- cation the amount, such clerk shall file such application in
his office, and immediately give the notice, as required by
law, for an election to be held by the legal voters of such
county, city, village, town or township, at the usual places
of holding elections ; and such election shall be held and
conducted, in all respects, and the returns thereof made as
in cases of annual elections.
When majority § iO. If the majority of voters voting at such election
scription.' ^" shall be in favor of such subscription and tax for the pay-
ment thereof, then such county^ city, incorporated village,
town or township, by its proper corporate authority, shall
levy such tax and subscribe to such corporation the amount
thereof, to be determined or voted for at any such election.
Issue bonds. and shall issue to said corporation their bonds for such
amount, drawing ten per cent, interest, per annum, and pay-
al)le in not less than one nor more than ten years. The said
bonds, when issued, are to be irrevocable, negotiable and
payable as in section 8, as aforesaid,
conuties and § H- If any couutv, city, village, town or township
stOTk'? "^^ *''^'' shall subscribe to said capital stock, under the provisions
of this act, and shall issue their bonds, said bonds shall be
in full payment of their said subscriptions; and the super-
visors of said townships or county court of such county
and the corporate authority of such city, village or town
shall, annually, appoint some suitable person to represent
and vote upon the stock so subscribed and levied, as afore-
said.
Tirr.pornom- R 12. The Said comoauy shall be allowed three vears
coDMiieuou oi trom the passage t>t this act tor tlie coinmencement ot said
''""'^' railroad, and in case at least thirty miles of the same shall
not be completed in ten years thereafter the privileges
granted herein shall be forfeited.
Power to con- § 13. Said Company shall havB powcr to Unite its rail-
Bohdtttero.d. j-oaci^ in whole or in part, with any other continuous lines
of railroad or railroads now constructed or which may here-
after be constructed in this state, coming in contact there-
with, and to grant to any such company or companies the
rioht to use the whole or any portion of said line of road
hereby authorized to be constructed, upon such terms as
may be mutually agreed between the said company or com-
panies.
KAILKOAD COMPANIES INCOKPOEATED.
§ 14. Said company are hereby authorized to take and J'^^fffe 1°
receive from the 8everal subscribers to the capital stock payment of sab-
mortgau;es on real estate, tor and m payment ot the lulL
amount of the subscriptions, which mortgages may bear in-
terest at the rate of ten per cent., annually, and be payable
at such times as said directors and subscribers shall agree.
§ 15. The capital stock of said company shall consist of Amount capital
two millions of dollars, and may be increased to six millions ^''^'^^•
of dollars, to be divided into shares of fifty dollars each.
§ 16. That said railroad company, by this act incopo- ^^^^ borrow
rated, shall have power to borrow money, on the credit of mouey.
the company, not exceeding its authorized capital stock, at
a rate of interest to be agreed upon, per annum, payable
semi-annually, and may execute bonds therefor, with in-
terest coupons thereto attached or annexed, and secure the
payment of the same by mortgage or deed of trust on the
whole or any part thereof of said road property, and in-
come of the company then existing or thereafter to be ac-
quired ; and may annex to such mortgage bonds the privilege
of converting the same into the capital stock of the com-
pany, at par, at tlie option of the holders, if such election
be signified, in writing, to the company, three years be-
fore the maturity of said bonds.
§ 18. That the directors of said company be and they s.ie of bonds.
are hereby authorized to negotiate and sell the bonds ot the
said company at such times, and in such places, either
within or without this state, and at such rates and at 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 shall be
as valid and binding on the company, in every respect, as
if they were sold or disposed of at their par value.
§ 18. That the said company, in securing the payment payment Recnr-
of said bonds by a mortgage or deed of trust on the road, «'£i ^^y "ortj^age.
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 bond and interest which
tiie company may at the time said deed of trust or mort-
gage bears date, or at any time thereafter, desire to sell or
dispose of, and may execute and sell, from time to timep
euch amounts of said bonds and of such dates and payable
to such person or persons as to the directors of said com
pany may seem advisable, till the whole amount of bonds
inentiuned in such mortgage or deed of trust is executed
and sold ; and the said mortgage or deed of trust shall be as
valid and efi'ectual to secure the payment of the bonds so
executed and of every part thereof, as if the same and ev-
ery part thereof had been executed of even date with the
said deed of trust and ujortgage.
§ 19. The preliminary acts in organizing the St. Louis, former acts
Pana and Detroit Railroad Company, contemplating the ®''**^* '
238 KAILKOAD COMPANIES — INCORPORATED.
organization of the road herein corporated be and the same
are hereby legalized by this act of incorporation of the St.
Louis, Pana and Detroit liaih-oad.
Rules for gov- § ^0. The board of directors shall have power to make
er meut. all needful rules, regulations and by-laws, for the govern-
ment of said company, not provided for nor inconsistent
with this incorporating act.
§ 21. This act shall be deemed to be a public act,
and shall be favorably construed, and shall take effect from
and after its passage.
Approved April 9, 1869.
In Mrce March ^^ ACT to^ incorporate the St. Louis and Souttieastern Railroad Company.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly, That Orval
Corporators. Pool, James H. Wilsou, Joscph J. Castles, Samuel S. Mar-
shall, Aaron G. Cloud, Richard W. Townshend, Samuel
R. Casey, Willis D. Green, Thomas H. Hobbs and Kd-
mund 1'. Winslow, and such other persons as they may
associate with them for the purposes of this act, are hereby
constituted a body corporate and politic, by the name and
Name and style, ^^.y^^ '-'^- ""^^^^ ^^ Louis and Southeastern Railway Com-
pany," with perpetual succession ; and, by that name and
(-opporatepo^. style, shall be capable, in law, of taking, purchasing and
^i« holding, leasing, selling and conveying estate and other
property, whether real or personal or mixed, so far as the
same may be necessary to carry into full effect the pur-
poses hereinafter mentioned ; and, in their corporate name,
may sue and be sued ; have a coinnion seal ; and may have
and exercise all powers, rights, privileges and immunities
which are or may be necessary to carry into effect the ob-
I'ects and purposes of this act, as the same are herein set
■forth.
Construction of § 2. The Said railway companj" shall have full power to
^°^^ locate, construct, furnish, maintain and operate a railway,
with one or more tracks, across the whole state of Illinois,
Ronteof road. ^''■'"" ^^^^ bank of the Mississippi river, opposite the city of
St. Louis, in Missouri; tlience to Mt. Vernon, in Jefferson
county, Illinois; thence to McLeansboro, in Hamilton
county ; thence to Equality ; and thence to Shawneetown,
on the Ohio river ; and, for this purpose, are authorized to
lay out their said road or railway, not exceeding one hun-
dred and fifty feet, through its whole length ; and, for the
})urposo (>f cuttings, embankments, depot.s, grounds, and
other necessary uses, including sidings and branches, not
exceeding ten miles in length — may take as anuch more
BAILROAD COMPANIES — INCORPORATED.
239
land as may. be required for the construction, security and
business of the said railway.
§ 3. The capital stock of said railway company shall be Amoum capi-
three millions of dollars, which may hereafter be increased, t^'^o'^*^-
by a vote of the majority in interest of the stockholders, at
any meeting called for such purpose, to any amount, not
exceedino; ten millions of dollars; and such capital stock
shall be divided into shares of one hundred dollars each.
No stockholder shall be held liable for the debts or other
liabilities of the company beyond the amount of stock for
which he may have subscribed.
§ 4. The stock of said company shall be deemed per- stock deemed
Bonal property, and may be issued, certified, transferred P^ty.""'^^ ^^"^'
and registered in such manner and at such place as may be
ordered and provided by the board of directors, who shall
have power to require the payment of stock subscribed in
the manner, at the time and in such sums as they may di-
rect ; and on the neglect or refusal on the part of the stock-
holders or any of them to make payment, on the requisi-
tion of the board of directors, the sharesof stock delinquent
or 80 unpaid may, at the option of said board of directors,
after thirty days' public notice, be sold at public auction,
under such rules as the directors may adopt ; the surplus
money, if any remains, after deducting the payment due,
with interest and cost of sale, to be paid to the delinquent
stockholder, or the directors may commence proceedings at
law for the collection of any and all amounts duly sub-
scribed and unpaid.
§ 5. The immediate government and direction of said ^'1^^!'^^^™^°-
company shall be vested in ten directors, who shall be tors. ^
chosen, annually, by the stockholders, and hold their offices
until a new board is chosen and qualified. Until a first
choice of directors, the corporators above named shall con-
stitute the b(»ard of directors, with power to fill vacancies
and discharge all the duties which might be vested in a
board of directors, as herein provided; and six of the corpo-
rators shall be a quorum, and may, at any time af'er the
passage of this act, cause books to be opened for subscrip-
tions to the capital stock of the company, at such time or
times and place or places, according to such conditions and
regulations, and under the supervision of such persons as
. they may direct. The corporators and directors shall choose
one of their number as president and select a secretary and
treasurer, each of whom shall be a stockholder in the com-
pany.
§ 6. All the corporate powers of said company shall be corpovaie pow-
vested in anu exercised by the board of directors, a ,-^1^.. "^> ^"^^'^'-'^'cd-
jority of whom shall constitute a quorum for the transaction
of all business, and shall have power to appoint such other
officers, agents or servants as they may deem necessary.
Yacancies in the board may be tilled by a majority of those
240
EA.ILROAD COMPANIES — INCORPORATED.
Stockholders'
vote.
May
money.
borrow
Dividends.
remaining — such appointees to remain in office until the
successors of the then board shall be qualified. The annual
election of directors shaii be held on the second Tuesday in
February, in each year, or on such other day as may be
ordered by the board, at such place as may be provided by
the directors, thirty days' notice being given, by publica-
tion in one or more newspapers published on theline of said
railway.
§ 7. At any election for choosing directors or for other
purposes, each share of stock, unless otherwise directed and
provided by the board of directors, after due notice and ac-
tion thereon by three fourths of the whole number of direc-
tors, shall be entitled to one vote, to be given either in per-
son or by proxy ; and those persons receiving the highest
number of votes, each being voted for directly, shall be de-
clared duly elected, and shall hold their ofdces until the
next, annual election and until their successors are elected
and qualified. All elections of directors shall be conducted
by three stockholders, chosen by those present.
§ 8. The board of directors are hereby authorized, for
and in behalf of said company, to borrow money, from time
to time, on the credit of the company, at any rate of inter-
est not exceeding ten j">er centum, per annum, for the pur-
poses of construction, equipment and machinery, and other
purposes, as necessities may arise, and may issue its corpo-
rate bonds therefor, in denominations not less than one
hundred dollars, with coupons attached for the interest ;
and, to secure the payment thereof, with the interest that
nja}' accrue thereon, may mortgage their corporate property
or franchise, or both, or may convey the same by deed of
trust, for said purposes. And the directors may cause to be
issued, when in their judgment the same may be necessary,
certiticates of stock, whicli shall be duly registered, signed
and executed, which shall be called and held prefe^-red ;
and to which stock certificates and to the holders thereof
shall be given such rights, privileges and immunities as may
be deemed best tor the interests of the railway : Provided,
the whole amount of such preferred stock shall not exceed
thirty tliousand shares, of one hundred dollars each. And
they may, through their president or other officers or agents,
bell, disjiose of or nogotuite such bonds or stock, or both,
within or without this state, at siuih times and at such prices
as may be deemed exix'dient, either before, during or after
the construction of Baid railway ; and all such sales and
negotiations shall be held legal and valid.
§ 9. The said company shall, annually or semi-annually,
make such dividends as they may deem proper of the net
income, profits or receipts of \.\w said company among the
stockholders, according to the value of their interests. The
company shall have power to contract for the buildino^ of
said railway, or any portion thereof, by their president, with
the eonsent or approval of the board of directors, or a ma-
EAILEOAD COMPANIES — INCORPORATED. 241
jority of them ; and power to contract for, purchase and
place on said railway, all machines, machinery, rolling
stock and other property which they may deem necessary
for constructing, equipping and operating said railway ;
also power to transport or carry upon said railway, by force
of steam, animals or a combination of them, passengers and
property of all kinds; and may fix, establish and receive
such rates of toll therefor as the directors shall, from time to
time, establish ; and shall carry and transport the mails at
agreed rates.
§ 10. The said company shall have power to consolidate t^'onsoiidation
and connect its railway with any other continuous line of
railroad now authorized or hereafter authorized, within or
without this state, to be constructed, upon such terms as
may be agreed upon, and, for that purpose, full power is
hereby given to make and execute such contracts as will
secure the objects of such consolidation or connection.
S 11. The said railway may be constructed in sections ^ construction
„" ., , 1 1 "^ 1 ,• , , 1 between certain
of any prescribed length ; and any portion so constructed pointB.
may be put in operation, with the full powers of collecting
tolls given in section (9) nine. The board of directors shall
have power to control and regulate the manner of trans-
portation of persons and property, and shall have power to
make, ordain, establish and execute, all such by-laws, rules
and regulations as they may deem necessary and expedi-
ent to fulfill the purposes and carry into eftect the provis-
ions of this act, and for the well ordering and securing the
alfairs, business and interests of the company.
§ 12. Whenever it shall be necessary, for the construe- Right to inter-
tion of said railway, to intersect or cross the tract of any ^^'^"■*i™'' •
other railway or to cross any stream of water or water
course or road or highway, lying on the route of said rail-
way, it shall be lawful to construct said railway across,
upon or by the side of the same : Provided^ that said com-
pany shall restore the said road, stream or water course in
a sufficient manner not to materially impair the same in its
usefulness ; and it shall be lawful for the incorporate au-
thorities of any incorporate city or town, through which
said railway shall be located, to donate or lease to said rail-
wa}^ company, as a right of way, the right to lay one or
more tracks through said city or town, or any portion there-
of, on any street or highway or alley.
^ 13. The said company, and, under their direction, Survevs and
,1 . . 1^77 ' exammat ons.
their servants, engmeers, agents or workmen, are hereby
authorized to enter upon and into the lands and grounds^
of the state, of any person or persons or bodies politic or
corporate, and survey and take levels of the same, or any
part thereof, and to lot out and ascertain such parts as they
may deem necessary for building said railway, with one or
more tracks, sidings and branches, and, for all the purposes
connected with said railway, to take, appropriate and use
Vol.III-31 ^^
242 EAILEOAD COMPANIES INCOBPOKATED.
any lands, to cut down all timber and other trees within
seventy-five feet of the centre line of said railway, and also
to erect, build, set up, in and upon the route of said railway
or upon the lands adjoining the same, all such works,
banks, ways, roads and conveniences, as may be required
for the purposes of said railway, and to widen, amend,
repair and improve the same, from time to time, as may be
found necessary ; and for materials to build, ballast and re-
pair the same or any of them and the right of way to said
materials, the said company are hereby authorized and em-
powered to take, condemn and use the same, under the pro-
visions of "An act to amend the law condemning the right
of way for purposes of internal improvement," approved
June 22, 1S52, and any other law of this state that may be
in force ; and in estimating' damages for the right of way or
other rights affected under this act, commissioners or juries
shall take into consideration the benefits to be derived by
the owner or occupiers of said land from the construction
and operation of said road.
May receive § 14. The Said Company is hereby authorized to receive
gifts, etc. ^^(j ^^gg g^j^y subscriptions, donations or gifts, whether made
in connection with the capital stock or otherwise, either in
money, land or other values or property, and may issue
shares of capital stock therefor.
connties may § 15. The Several counties in which any part of said
take stock. railway may be hereafter located, or that may lie on or
near the line of the railway, and the several townships in
such counties which have adopted or may hereafter adopt
township organization, and the cities and incorporated
towns in the said counties, are hereby autlioiized to sub-
scribe and take stock in said company upon the application
of said company, for such an amount as they may think
proper, payable in bonds, lands or right of way, and sub-
ject to such agreements and stipulations, as to the route of said
railway, the time of delivery and payment of the bonds,
as maybe agreed upon: Provided, that no subscription
shall be made by any county court nor by the legal au-
thorities of any incorported city or town or township, until
Submitted to after the question of such subscription shall have been sub-
legai voters. mittcd, by order of the county court or other legal authori-
ties of said city, town or township to the legal voters thereof,
at a general or special election, to be called, conducted and
returns made, canvassed and published in the usual manner
of conducting elections in said county, incorporated city or
^town, or township. All such notices sliall state the amount
*of such subscrii)tion that would be submitted at such elec-
tion ; at which election each voter shall vote a ticket, upon
which is printed or written " For subscription" or "Against
suljscription ; " and it a m;ijority of the ballots cast at such
election sliull be " For t^ubsc-ription " it shall be the duty of
tlie county court or the legal authorities of such iucorpora-
EAIIKOAD COMPANIES — INCOKPOKATED. 2i3
led city, town or township, to subscribe the amount stated
in the order of election to the stockholders of said com-
pany.
§ ]6. Elections may be held in any such county, incor- Elections,
porated city or town or township upon the question whether
such county, city, town or township shall subscribe for any
specified amount of the capital stock of said railway com-
pany whenever a petition shall be presented, as hereinafter
described ; and as often as may be required by petitioners,
whenever a petition shall be presented to the county clerk,
signed by tifty legal voters of any such county, setting forth
the amount of stock to be taken by such county, and speci-
fying the time for holding such an election, it shall be the
duty of the county clerk of any such county to give thirty Time and place
days' notice of the time for holding such election, which ^f election,
time shall be the same as that specified in said petition ; and
whenever a petition shall be presented to the supervisor of
any such township, or to the corporate authorities of any
such city or town, signed by twenty-five 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 election, it
shall be the duty of the supervisor of every such township
and the duty of the clerk of every such city or town to
give thirty days' notice of the time of holding such election
in such township, city or town, which time shall be the
same as that specified in such petition ; and all such notices Manner of vo-
shall be given in the same manner, and such elections shall ductin^''^'^ eiec-
be conducted and returns made, canvassed and published "ons.
in the same way and at the places provided for holding
general elections in such counties, townships, cities and
towns; at which elections the qualified voters of the re-
spective counties, townships, cities and towns shall vote
"For subscription" or '"Against subscription" and if a
majority of the votes cast at such election, by voters voting
on that subject, shall be " For subscription," it shall be
the duty of the county court or board of supervisors of every
such county, the supervisor and clerk of such township, supervisor may
and the corporate authorities of such city or town to sub- subscribe «tock_
scribe, atonco, upon the request of the directors or corpo-
rators of said company, the sam<; amount so voted for, and
to issue and deliver to said company the same amount as
the stock so subscribed of the bonds of such county, town-
ship, city or town, as the case may be, payable at any time
spL'citied, not exceeding twenty years from date, or sooner, igfuTd^^wifif i^t
at the option of the county, township, city or town issuing terest coupons,
the same, with interest coupons attached to the same, at a
rate not exceeding eight per cent., payable annually or
semi-annually; which said bonds shall be of such denomi-
nation and the principal and interest payable at such place
or places, either within or without the state, as may be
244 RAILBOAD COMPANIES — INCORPOKATED.
Mode of voting, agreed upon : Provided^ that at any election held under the
provisions of this act at any other time than the time for
holding general elections for state and conntj' purposes, it
shall not be necessary for the several boards of registry to
make a new register of the several voting precincts, but the
register made of the legal voters at the last general election
held for the election of state and county officers, may be
used : Aud^ provided, that the vote of any legal voter,
whose name does not appear on the said register, shall be
received and taken in the same manner that unregistered
legal voters' [votes] are taken at any general election.
Towns and § 17. Any incorporated city, town or township, or any
■tock.""'^ ^^"^^ county, through or near which the said railroad shall run,
is hereby authorized to donate and give, as a bonus to the
said railway company, any amount they may deem proper,
upon such terms and conditions as may be agreed upon by
and between said city, town, township or county and the
said railway company, to secure the building of said rail-
submitted to Way : Provided, that the authorities of said city, town, town-
legai voters. gj^jp ^^ county shall submit the question whether such do-
nation or bonus shall be given, to the legal voters thereof,
at a regular or special election, held after at least thirty
days' notice, and conducted, canvassed and returns made
in the usual manner and places — the amount proposed to
be donated being stated in the order fur such election, and
the tickets voted at such election shall have written or
printed on them " For donation" or "Against donation ; "
and if at such election the majority of the legal votes cast
shall be in favor of such donation, it shall be the duty of
the proper authorities of such city, town, township or
county to provide fur the payment of such donation or bo-
donation"'^ '°'" nus. And to provide the means for the payment of any
such sum as may be given or agreed to be given, in pursu-
ance of the provisions of this act, the said city, town, town-
ship or county shall issue bonds to said railway company,
in sums of no,t less than one hundred dollars each, bearing
interest at any rate not exceeding eight per cent, per an-
num, and payal)le at such times and places, either withia
or without this state, as may be agreed upon ; which bonds
may run lor any period not exceeding twenty years.
i.«TyepeciaUax ^ 18. It shull be the duty of the respective authorities
of the several counties, townships, cities and towns which
may make such subscriptions and donations, and they are
herel)y required, to levy and collect a sufficient special tax
ou all the taxable property, both real and personal, in such
counties, townships, cities and towns, to pay the interest,
annually or semi-annually, accruing on such bonds, and to
discliarge the principal and interest, respectively, thereof.
Swamp lands. § ;^<j^ rj^,j^^ countv C(airts of the sevetal counties through
which said railroad shall pass are authorized and em-
powered, upon such terms and conditions as they may deem
RAILROAD COMPANIES INCORPORATED. 245
best for the public good, to grant and convey to said railway
company the swamp lands or any other lands or property,
real or personal, belonging to such counties, to aid in the
construction of said railway: Fromded, that in no case
shall such lands be conveyed to said company or the
title thereto vest in said company until said railway shall be
completed into or through the county granting the same,
as may be agreed upon by and. between said county and
said railway company,
§ 20. And the said company may lease or purchase, May lease or
upon such terms as may be agreed upon, any other railroad ^0^^.'^'^^'^ '^^^^^
or parts of railroad, either wholly or partially constructed,
which may constitute or be adopted as part of their main
line ; and, by such lease or purchase, they shall acquire and
become vested with all the rights and franchises pertaining
to said road, or part of road, in the right of way, construc-
tion, maintenance and working thereof And the county counties may
court of Gallatin county is hereby authorized and empow- take stock.
ered to subscribe to the capital stock of this company the
one hundred thousand dollars, or any part thereof, hereto-
fore voted by a majority of the legal voters of said county
to the Shawneetown Branch of the Illinois Central Kail-*
road Company. And the county court of Hamilton county
is hereby authorized and empowered to subscribe to the
capital stock of this company the two hundred thousand
dollars, or any part thereof, heretofore voted by a majority
of the legal voters of said county to the Shawneetown
Branch of the Illinois Central Railroad Company. And
the county court of Jefferson county is hereby author-
ized and empowered to subscribe to the capital stock of this
company the one hundred thousand dollars, or any part
thereof, heretofore voted by a majority of the legal voters
of said county to the Mount Yernon Railroad Company.
And it shall not be necessary to submit the question of
making the several subscriptions in this section mentioned
to tlie vote of the legal voters of the said respective coun-
ties : Provided, that nothing herein shall be so construed
as to prevent either of the counties mentioned in this
section subscribing any » other or larger amounts to the
capital stock of this company than the amounts mentioned
in this section,
§ 21. This act shall be deemed a public act, and shall
be liberally construed for all purposes therein expressed
and declared, and shall be in force Irom and after its pas-
sage.
Approved March 10, 1869.
246 EAILKOAD COMPANIES — INCORPORATED.
In force March AN ACT to incorporate the Warsaw Branch Railroad Company.
23, 1S09.
Section 1. ^ JBe it enacted hy the People of the IState of
Illinois^ represented in the Genbral Assembly^ That Henry
Corporators. HiH^ Lemuel Mussetter, E. Pratt Buell, Levi Fomeroy,
Asaph C. Hammond, Ebeiiezer Huse, Charles W. Hicks,
Alfred Forsythe and Robert Black, of Hancock county,
Illinois, be and they are hereby created a body corporate
Name and style, and politic, by the name and style of ''The Warsaw Branch
Kailroad Company ; " and, by that name, they and their
Corporatepow- associates, successors and assigns shall have perpetual suc-
cession ; may sue and be sued, plead and be impleaded,
contract and be contracted with ; may adopt a common seal,
and alter the same at pleasure; may receive, either by gift
or by purchase, or may condemn and hold, or sell and con-
vey, any and all real and personal property that may be
necessary to the location, construction, equipment and ope-
ration of a railroad, as herein authorized, its depots, vrater
stations, side tracks, shops and business places. One mem-
ber of said company shall be annually elected president of
'said company; and said company may elect or appoint such
other officers as a majority of said company shall, from
time to time, see proper, and fix their duties and salaries,
and remove them at pleasure ; may pass all needful by laws
for the management of the concerns of said company, not
Construction of iuconsistcut witli the laws of this state. Said company
ro:id. may locate, construct, equip and operate a railroad, with
single or double track, from the city of Warsaw, in Han-
Eouteofroad. ^ock county, to any point on the line of the Illinois and
Southern Iowa Railroad, between the towns of Clayton, in
Adams county, and Denver, in Hancock county, by such,
route as they shall select; may fix the capital stock of said
company at any amount that may be deemed necessary for
the location, construction and equipment and oj)eration of
said railroad, and may increase or diminish the same when-
ever it is deemed advisable or necessary for the completion
connec; with and operation of said railroad ; may connect, or, by and
with the consent of the owners of three-fourths of the capi-
tal stock of said company, consolidate with any other rail-
road company; may lease or sell its road or franchises.
The stock of said company shall be divided into shares of
one bundled dollars each, and shall be personal property,
and transferable on the books of said company. Each
share shall be entitled' to one vote at the elections of said
company, which may bo cast either in person or by proxy;
May borrow ^^"^'^J borrow moncy, for the construction, equipment and
money. operation of said railroad, and mortgage its property and
fruni-hises to secure the loan ; and, in all respects, shall
have all the powers, rights and privileges in and about the
location, construction, equipment ana operation of said
KAILKOAD COMPANIES — NEW PKIVILEGE8. 24:7
railroad, and manaojement of the business thereof, as are
provided by general laws of this state in relation to rail-
roads, and right of way for internal improvement.
§ 2. Said company shall commence the construction of Time of com-
eaid road within three years, and shall complete the same ^mpLTion* ^ ^
within ten years, after the passage of this act. load.
§ 3. Said corporation shall transport fire-wood and fuel, f^^^^^ns'^on^'^
of every description, over its railroad, whenever the same tion.
shall be olfered for transportation, at rates as low as the
rates said company shall charge for the transportation of
other freights of a similar class.
§ 4. This act shall be deemed a public act, and be in
force from and after its passage.
Approved March 29, 1869.
RAILROAD COMPANIES— NEW PRIVILEGES.
AN ACT to authorize and enable certain railroad companies therein named ^^ ^?o*'%?q^'^^^
to sell or lease their roads and franchises. '
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That the Privileges.
American Central Railroad Company and the LaSalle and
Lafayette Railroad Company, or either of them, be and they,
or either of them, are hereby authorized and empowered to
sell and convey, or lease perpetually or for a term of years,
the whole or any part of either of their said roads, right of
way, easements and other property, real and personal, to-
gether with all their rights, privileges and franchises, either
before or after the completion of their said roads, or either
of them, to any railroad company or corporation now incor-
porated, or that may be hereafter incorporated, in the state
of Illinois, or to any natural person or persons, on such
terms and conditions as may be agreed upon between the
contracting parties. And any such sale and conveyance or
lease shall vest in the railroad company, corporation or
other party purchasing or leasing said roads, or either of
them, or any part of either of them, all rights of way,
easements and other property, real and personal, owned by
or belonging to said railroad companies, or either of them,
together with the rights, privileges and franchises so sold
and conveyed or leased, or intended to be so sold and con-
veyed or leased, as fully as if the rights, privileges and
248 EAILROAD COMPANIES — NEW PRIVILEGES.
franchises had been originally granted to the railroad com-
pany, corporation or other party or parties purchasing the
same, or as the same may be done by law.
RiKhts con- § 2. But no such sale, conveyance or lease of any part
tinued. ^f either of said roads shall in any manner impair, lessen,
or in anywise interfere with the property, rights, privileges
and franchises of the said American Central E,ailroad Com-
pany and LaSalle and Lafayette Railroad Company, or
either of them, not so sold and conveyed or leased, or not
intended to be so sold and conveyed or leased, by any deed
of conveyance, lease or contract made and executed by the
said American Central Railroad Company [and] LaSalle
and Lafayette Railroad Company, or either of them, in
the pursuance of the provisions of this act.
§ 3. This act shall be a public act, and shall be in force
from and after its passage.
Approved March 13, 1869.
In force April AN ACT to authorize and enable certain railroad companies therein named
^' ^^^^' to sell or lease their roads and franchises.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the
May sell and American Central Railwa}' Company and the LaSalle and
convey loa . Lafayette Railroad Company, or either of them, be and
they, or either of them, are hereby authorized and empow-
ered, by and with the consent, in writing, of the persons
owning at least three-foutths of the capital stock of said
companies, respectively, to sell and convey, or lease per-
petually or for a term of years, the whole or any part of
eitiier of their said railroads, right of way, easements and
other property, real and personal, together with all their
rights, privileges and franchises, either before or afcer the
completion of their said roads, or either of them, to any
railroad company or corporation now incorporated, or that
may be here:tfter incorporated, in the state of Illinois, or
to any natural ])erson or persons, on such terms and condi-
tions as may bo agreed upon between the contracting par-
ties; and any such sale and conveyance or lease shall vest
in the j'ailroad company, cor|)()r:ition or other party or par-
ties purchasing or leasing said railroads, or either of them,
all rights of way, easements and other property, real and
personal, owned by or belonging to said roads, or either of
them, together with tlie rights, privileges and franchises so
sold and conve3'od or leased, or intended to be so sold or
leased, as fully as the same may be done by law, or as if
the rights, privileges and franchises had been originally
EAILEOAD COMPANIES — NEW PEIVILEGEB. 249
granted to the railroad company, corporation or other party
or parties purchasing the same.
§ 2. But no such sale and conveyance or lease of any Not to^impair
part of either of said roads shall in any manner impair, ^^^H "' "^^®'"
lessen, or in anywise interfere with the property, rights,
privileges and franchises of the said American Central
Kailway Company, or the LaSalle and Lafayette Railroad
Company, in, on or to any part of either of their said rail-
roads not so sold and conveyed or leased, or not intended
to be so sold and conveyed or leased, by any deed of con-
veyance, lease or contract, made and executed by the said
American Central Railway Company, or LaSalle and La-
fayette Railroad Company, or either of them, in pursuance
of the provisions of this act.
§ 3. This act shall be a public act, and shall be in force
from and after its passage.
Approved April 5, 1869.
AN ACT to further amend "An act to incorporate the Belleville and Mur- In force Juno
physboro Eailroad Company, and for other purposes," approved February ^'' ^^^^'
8, 1853.
Section 1. £e it enacted by the People of the State of
Illinois^ represented in the General Assembly, That said Extend road.
company is hereby authorized to extend, at any time, its
railroad to the city of Cairo, in the county of Alexander,
and also to the banks of the Mississippi river, opposite the
city of St. Louis, Missouri, or to lease the Belleville and
Illinoistown Railroad, already constructed, and also to
locate, construct and operate a branch road from the main
road to the town of DuQuoin, in the county of Perry ;
and, for the purpose of such extensions and constructions,
shall have all the powers and authority provided in the
charter and this act amendatory thereof, for the construction
of the main road.
§ 2. That, until the first regular election of a board of
directors by the stockholders of the company, the following
named persons shall act as directors, until their successors
are elected and qualified : Frederick H. Peiper, William
Bauman, Joseph Reichert, Jacob B. Rentcher, Edward Directors.
Abend, William Rosborough, James W. Hughes, John
McCutcheon, Samuel B. Chandler, James L. D. Morrison,
Theophilus Harrison, Joseph B. Holmes, Daniel W. Munn,
Thomas Logan, William Bradley, JN^ewton R. Casey and
H. Watson Webb.
§ 3. That the work on said road shall be commenced Time of com-
within two (2) years from and after the passage of this act. ""'''*^^^^"^-
Appkoved April 15, 1869.
Vol. Ill— 32
250 RAILROAD COMPANIES — NEW PRIVILEGES.
In force April AN ACT to still further amend "An act to incorporate the Belleville and
19, 1869. Murphysboro Railroad Company, and for other purposes," approved Feb-
ruary 8, 1853, and all acts amendatory thereof.
Section 1. Beit enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That the
Donations. said railroad company be and the same is hereby authorized
[to] and may receive such donations of lands, moneys or
bonds as may be donated by any county, city, town or
township, or individual, through or by which said raih'oad
may pass ; also, may receive any such subscription, in any
amount that any county, city, town or township may issue
their bonds or notes for, at snch price and upon such con-
ditions as may be agreed upon ; and said company shall
issue tlieir stock for the same to said county, city, town,
township or individual subscribing the same.
Towns and § 2. And any county, city, town or township, through
bonds!"^^ ^^^^^ or by which said railroad may be constructed, shall have
power,- and full authority is hereby given the same, to issue
their bonds or notes, in any amount or sums they may see
fit, for the purpose of aiding said railroad —the same having
been left to a vote of the legal voters thereof, at a regular
election, or at a special election to be called for that pur-
Notico of eieo- pose; and in all cases, at least thirty days' notice of such
election shall be given before holding the same; and ii', at
such election, a majority of all the votes cast shall be in
favor of such donation, it shall be lawful for such county,
city, town or township to make such donation, and to issue
its bonds or notes therefor, to the amount mentioned in the
notice of such election, and not otherwise ; and any county,
city or town that has heretofore, and before the passage of
this act, voted any subscription or right of way to said rail-
road, or any other railroad that they may wish or desire to
transfer to the said railroad, full power and authority is
hereby given them so to do ; and all such subscriptions
shall be legal and binding, the same as if originally voted
to this said railroad.
May purchase R 3. That it shall bo lawful, and full power and author-
ity is hereby given said railroad company, to purchase or
lease, upon such terme, price and conditions as the parties
may agree upon, what is known as the "Belleville J^ranch
Railroad," and operate the same in connection with their
said railroad.
§ 4. This act shall be in force from and after its pas-
sago.
ApPBovrcD April 19, 1869.
Bellevlllebranch
JRAILEOAD COMPANIES — NEW PEIYILEGES. 251
AN ACT iu aid of the Belleville and Southern Illinoia Railroad Company. lu force March
4, 180«.
Section 1. Be it enacted hy the People of the State of
Illinois^ rejpresented in the General Assembly, That the
Belleville aud Southern Illinois Railroad Company having
been duly organized under the act of tho general assembly
approved February lith, A. D. 1857, entitled " An act to
incorporate the Belleville and Southern Illinois Railroad,"
and the several acts amendatory thereof, and the stock-
holders of said company having at a meeting held in pur-
suance of the provisions of said several acts, duly elected
as their first board of directors of said company i)avid L, ^u^'^foj,'^^'''^ °^
Phillips, Jesse K. Dubois, Ozias M. Hatch, Edward L. Ba-
ker, Edward F, Leonard, that all said proceedings with re-
spect to said organization and election are hereby declared
legal and valid ; and the board of directors so elected are
declared to be the first board of directors of said company,
who shall hold office until their successors are elected and
qualified.
§ 2, The said corporation shall have power to extend May extend
its railroad by the most eligible route, to such point on the
Ohio river, within the state of Illinois, as may be hereafter
selected by the board of directors; that the city of Metrop- Route of road,
olis, in Massac county, is hereby made a point on said rail-
road ; and the said company is required to construct the
said railroad, with proper depots, within one hundred yards
of the Ohio river, inside of the corporate limits of Metrop-
olis : B.Tomded^ the county of Massac shall subscribe one
hundred thousand dollars to the capital stock of said rail-
road— said stock to be paid in the bonds of the said Mas-
sac county, bearing not less than seven per cent, nor more
than ten per cent, interest, per annum, and to be delivered
to said railroad company when the said railroad is com-
pleted to the county line of Massac county and the road
bed thereof constructed to the city of Metropolis, as afore-
said : Provided, said city of Metropolis shall give the right
of way along the streets of said city and shall grant or
cause to be granted to said railroad company as much
ground as may be necessary for building the said depot,
aforesaid ; and shall, also, have power to build such part
or portion of the railroad which it is hereby authorized to
construct, and those portions only, at any time hereafter, in
its discretion, w^hich its directors shall think most expedient
for the interests of said company, and to build a branch or
branches from its main line to any other point or points ;
and, in respect to such extension and branches, shall have
all the powers, rights and privileges it now has in regard
to the line of railroad heretofore authorized to be by it
constructed : Provided, that no one of such branches shall
exceed twelve miles in length.
252 EA.ILEOAD COMPANIES — NEW PRIVILEGES.
May borrow § 3. TliG Said Corporation, for the purpose of comple-
™"°®^' ting, maintaining and equipping the said railroad, shall have
power to borrow such sums of money as may be necessary
for that purpose and to issue and dispose of their bonds, in
the manner provided for in article 15 of the act to incorpo-
rate the Belleville and Southern Illinois Railroad, approved
February 14th, A. D. 1857 ; and shall, also, have power to
provide that each and every holder of the bonds of said
company shall have the right to cast one vote for each and
every one hundred dollars in bonds held by him, at every
meeting of the stockholders of said company.
Increase of § 4. The Said Company may increase its capital stock,
capi a Bioc . fj,QjQ |.j,jjg ^^ time, as it may deem necessary, to any sum
not exceeding the sum of thirty thousand dollars per mile,
for each and every mile of said railroad ; and it is hereby
authorized to declare any portion of the capital stock so
issued, not exceeding the sum of twenty-three thousand
dollars per mile, for each and every mile of its railroad,
preferred stock, and to guarantee to such stock a rate of
interest not exeeeding ten per cent, per annum, and with
such priority over the remaining stock of said corporation
as may be directed by its board of directors.
Further prw- § 5. The Said Company shall have power to acquire, by
leges. lease, purchase or otherwise, any extension of its railroad
which may be necessary or proper for its business.
Time of com- § 6. Said Company shall commence the construction of
M)mpI™fo°u ^°of said railroad before the first day of January, 1870, and
^°*''- complete the same within seven years from the passage of
this act, and in failing so to do the charter of said company
shall be forfeited.
§ 7. This act shall be deemed a public act, and shall
have effect from and after its passage,
Appkoved Mai'ch 4, 1869.
In forre Aprli AN ACT to anifiul an net entitled "An act to incorporate the BelleTillo
17. IriOO. and Southern Illinois Railroad Company," approved February 14, 186Y.
Section 1, Be it enacted hy the People of the State of
Illinois, represented in the General AsseinUi/^ That the
Act amoude.i. act entitled " An act to incorporate the Belleville and
Southern IlHnois Railroad," be and the same is hereby
amended, by striking out of the ninth line of the second
section of said act the word " live," and substitute in lieu
thereof tlie words " a board ;" and by adding to said sec-
tion, at the end thereof, the following : " Said company
shall have power to lix the number of directors, by a by-
law, to bo adopted, and changed, froai time to time, as said
RAILllOAD COMPANIES — NEW PKIVILEOES. 253
company shall deem advisable : Frovided, the number of
directors shall not at any time exceed thirteen."
§ 2. This act shall take effect and be in force from and
after its passage.
Appeoved April 17, 1869.
AN ACT to amend an act entitled " An act to incorporate theBelvidere in force March
and Ottawa Railroad Company," approved March 8th, 1867. 29, 1869.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the first -Act amended,
section of the said act be amended, by striking out of the
same the names of William H. Gilraan, Charles F. Witt,
Ira Wilson, Lathen W. Lawrence, Wesley W. Marsh, Seth
0. Hapgood, Eobert Hampton, Dwight F. Cameron, Lo-
renzo Leland and W. Bushnell as corporators and first di-
rectors, and inserting in lieu thereof the names following,
viz : Allen C. Fuller, Walter R. Cornell, Stephen A. Hurl-
but, Ezra May, Mark Ramsay, C. W. Marsh, Isaac L. Ell-
wood, Lewis McEwen, Frederick Ball, John H. Hosford,
Samuel Wiley and George C. Campbell.
S 2. The time of the meeting of the first board of di- Meeting,
rectors, as specified in the second section of said act. is
hereby extended to any period before the first day of De-
cember, A. D. 1869.
§ 3. This act is hereby declared to be a public act, and
shall take effect and be in force from and after its passage.
Approved March 29, 1869.
AN ACT to amend an act entitled "An act to incorporate the Belvideru in force April
and Ottawa Railroad Company," approved March 8, 1867, and to amend 19, 180».
an act amendatory thereof, approved March 29, 1869.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That, to aid Towns and
in the construction of said road by said company, any in- gj^g^ ™*^ ^^'^®
corporated city, town or any township organized under
township organization law of this state, along or near the
route of said road, may subscribe to the capital stock of
said company.
§ 2. JS'o such subscription shall be made until the ^^lll'^^^^^ *°
question has been submitted to the legal voters of such
city, town or township in which the subscription is proposed
to be made ; and the clerk of such city, town or township
26i
RAILEOAD COMPANIES — NEW PRIVILEGES.
BCilbo Btock.
is hereby required, upon the presentation of a petition,
signed by at least ten citizens, who are legal voters and
tax payers in said city, town or township, stating the
amount proposed to be subscribed, to post up notices in
three public places in each town or township, which notices
shall be posted not less than thirty days before the day of
holding such elections, notifying the legal voters of such
town or township to meet at the usual place of holding
elections in such town or township, for the purpose of vo-
ting for or against such subscriptions. If it shall appear
that a majority of all the legal voters of such city, town or
township, voting at such election, have voted "For sub-
whomay Biib- scription" it shall be the duty of the president of the board
of trustees, or other executive officer of such town, and of
the supervisor in townships, to subscribe to the capital stock
of said railroad company, in the name of such city, town or
township, the amount so voted to be subscribed, and to
receive from said company the proper certificate therefor;
he shall, also, execute to said company, in the name of such
city, town or township, bonds bearing interest at ten per
cent, per annum, which bonds shall run for a term of not
more than twenty years, and the interest on the same shall
be made payable annually, and which said bonds shall be
signed by such president or supervisor or other executive
officer and be attested by the clerk of the city, town or
township in whose name the bonds are issued ; and it shall
be his duty to make out a record of the issue of said bonds,
which shall be delivered to the president or secretary of
said company, for the use of said company.
§ 3. It shall be the duty of the clerk of any such city,
town or township, in which a vote shall be [given in favor
of subscription, within ten days thereafter, to transmit to
the county clerk of their counties a transcript or statement
of the vote given, and the amount so voted to be subscribed,
and the rate of interest to be paid: Provideif, that when
elections shall be held and bonds issued, as aforesaid, it
shall be the duty of the clerk of such town or township to
lilc with the county clerk of their respective counties, within
ten days after the issuing of said bonds, certificate of the
amount of bonds issued, and the rate of interest payable
thereon, and number of each bond.
§ 4. It shnll bo the duty of the county clerk of said
county, annually, after the execution and delivery of such
bonds, aforesaid, to compute and assess upon all taxable
property returned by the assessor of such city, town or
township, a sum sufficient to pay the interest and costs of
collection and disbursements upon all bonds so issued by
the respective cities, towns or townships, which tax shall
be extended uj)on the collectors' books as other taxes arc,
and, when collected, shall bo paid to the treasurer of the
county; and such city, town or township sball, when pro-
Clerk'* ciutios.
DutieB of Uio
county cloik.!|
RAILROAD COMPANIES — NEW PRIVILEGES. 255
viding for the levying and collecting of other taxes, also
assess upon the property of such city, town or township,
any rate, not exceeding tliree per cent, in any one year,
upon the assessment, to provide a fund for the redemption
of the principal and interest of such bonds as or when they
become due — said taxes to be levied and collected as other
taxes are ; but no tax shall be computed, assessed or col-
lected or any interest paid, to be applied upon said bonds,
unless such bonds have been executed and delivered.
§ 5. It shall be the duty of the county treasurer to pay Duties of the
out, on the presentation to him of the bonds issued by any county treasurer
such town or township aforesaid, the amount due upon such
bonds for interest, and for principal, when any tax shall
be assessed and collected to pay principal, any money in
his hands for that purpose, and indorse any payments of
interest or principal upon said bonds ; and when said
bonds shall be redeemed and paid, he shall receive and
cancel the same, and return the same to the said president
or supervisor or other executive officer of said city, town or
township. The town collector and county treasurer shall
receive the same percentage for receiving and disbursing
such taxes as they now receive for collecting and disbursing
school funds.
§ 6. The directors of said railroad company are hereby stock suijscrip-
authorized to receive subscriptions to its capital stock from ^^°^^'
any corporation, county, city or town, on such terms and in
such amounts as they may deem for the interest of said
company, in accordance with the by laws of said company.
§ 7. This act shall be deemed a public act, and shall
take eifect and be in force from and after its passage.
Approved April 19, 1869*
AN ACT to amend an act entitled "An act to incorporate the Broadway In force March
and Dyke Railway Company of East St. Louis," approved March 7, ISC'?. "^' ^'^'^^■
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly^ That An- o4'Jo"°°^^ '^°'""
drew Weltig, Henry Schale, B. B. George, Nicholas ^**'^ °''"
Spannagle, John McLean, William A. Witte, and Lewis
M. St. John, be and the same are hereby added to the cor-
porators and first board of directors named in an act en-
titled "An act to incorporate the Broadway and Dyke
Railway Company of East St. Louis," approved March
7th, 1867.
§ 2. Section eight (S) of said act is hereby repealed, see. 8 repealed.
and the time for commencing work upon said railway shall
be and the same is hereby extended to two years from and
after the first day of March next, (1869).
256 EAILKOAD COMPANIES — NEW PRIVILEGES.
§ 3. This act shall be deemed a public act, and be in
force from and after its passage.
Appkoved March 30, 1869.
In force Ap;il AN AOT amend an act entitled "An act to incorporate the Cairo and St.
1»> 1869. Louis Railroad Company," approved February 16th, 1865.
Section 1. Be it enacted hj the People of the State of
Illinois, represented in the General Assembly, That the
Organized several towns, cities and counties, through or near which
stock'! ™^ ^^'^'^ said railroad may pass, and the several townships in said
counties which have adopted or may hereafter adopt town-
ship organization, may subscribe for and take stock in said
company, or may make a donation in aid of the construc-
tion of said road, and may issue bonds, in such sums as
they may deem sufficient, in payment of such subscrip-
tions to said stock or of such donations — said bonds not to
bear a greater rate of interest than ten per cent, per annum,
payable either within the state or at some point without
Levy and col- ^^^ Same, and not to run longer than thirty years ; and a
lection of tases. tax of uot more than one dollar on each hundred dollars'
worth of taxable property may be levied and collected in
such towD, city, county or township, per annum, to pay the
installments on such stock or donation or to pay the inter-
est and principal, or either, of bouds issued in payment for
such stock or donation; and said towns, cities, counties or
townships may donate any swamp or overflowed lands or
the proceeds thereof or any other disposable property, in
Submitted to ^'^^ ^^ ^^^^ coiistruction of Said road : Provided, that no
legal voters. sucli Subscription or donation shall bo made, no such bonds
shall be issued and no such tax shall be levied, unless a
majority of the legal voters of said town, city, county or
township shall vote for the same, at an election to be held
under the order of the corporate authorities in cases of
towns and cities, and of the county court in cases of coun-
ties, or supervisors of townships, as is now provided for by
law or as may bo hereinafter provided for : And, 'provided,
farther, that a majority of legal voters at any such election
shall bo held as a majority of the legal voters of any such
township, town, city or county, and that the questions of
making a subscription or donation, of issuing bonds, and
levying taxes, may be submitted as one question or as
separate questions, at such election, and either or all of said
questions n:iay bo submitted to an election, at any time, in
the discretion of the parties authorized to call such elec-
tion— thirty days' notice of such election to bo given, as in
cases of county elections.
KAILKOAD COMPANIES— NEW PRIVILEGES. 257
§ 2. Whenever a petition shall be presented to the stock subscrip-
county, city, or town clerk, of any .county, city or town, or *'""*■
supervisors of any township, through or near which said Petition for an
railroad may pass, signed by at least titty legal voters of ^^®^*'"°-
such county, city, towns or township, setting forth the
amount of stock proposed to be taken in such railroad com-
pany or donation to be made hj any such county, city,
town or township, and specifying the time for holding the
election, it shall be the duty of such county, city or town Notice of eiec
clerk, or supervisor of township, to give thirty days' notice "°'^*
of the time of holding such election, which shall be the
same time as that speciiied in such petition ; which said
liodce shall be given in the same manner and such elec-
tion or elections shall be conducted in the same mode and
held in the same places provided for holding general elec-
tion in such counties, cities, towns or townships, and the
returns of such elections shall be made in the same manner
and within the same time and shall be opened and declared
in the same manner as for other elections held in such
counties, cities, towns or townships. If a majority of the who mny sub-
votes cast at such election shall be for such subscription or scnbestocii.
for donation, it shall be the duty of the county court, the
corporate authorities of such city or town, and supervisors
and clerks of such township, to subscribe, upon the request
of said company, for stock in said company to the amount
60 voted for, and to issue and deliver to said company the
same amount as the stock so subscribed or donation made
of the bonds of such county, city, town or township : I^ro-
vided, that at any election held under the provisions of this
act at any other time -than that for general elections, the
registry of the legal voters at the last general election shall Registration of
• J •/ o *--> ^ voters
be a legal registry for the purposes of said special election
under this act : A?id provided^ further^ that any legal
voters whose names do not appear on the reirister for said
general e'ection shall be allowed to vote and his vote re-
ceived and taken in the same manner and with- like effect
as unregistered legal voters' votes are now received and
taken : Provided, that all elections heretofore held in any
county, city or town, in reference to a subscription to said
railroad, are hereby decltred legal and binding, and the
county court of any county and the corporate authorities
of any city or town, in which such elections have been
already held and a majority of the votes cast were for sub-
scription, shall have authority to issue bonds for such an issue bonds,
amount as was voted for, notwithstanding any insufficiency,
informality or irregularity in such election, or in the notice
thereof: And provided, also, that said railroad company
may lease its road, as the board of directors may deter-
mine.
§ 3. Whenever a petition shall be presented to the Petition to tiie
, , ,. 1 1 f> . 1 . . ^ ,. ^ , ,. school tri'.Hiies
trustees ot schools of any township in any of the counties foraneiecUou.
Vol. 111—33
258 KAILKOAD COMPANIES NEW PRIVILEGES.
through or near wnich said railroad may pass, in which said
couiifj the township organization has not been adopted,
and which said petition shall be signed by at least fitty
legal voters of said township, praying that an election may
be ordered in said township, in reference to a subscription
or donation to said railroad, and setting forth the amount
of stock proposed to be taken in said railroad or donation
to be made to it by such township, and specifying the time
for holding the election, it shall be the duty of such trus-
tees, at any regular or special meeting, to order an election
School treasTi- '-U accordancc with the prayer, of said petitioner. When
^ce.'" ^^^"^ ^'^' ^^^6 election shall have been so ordered, it shall be the duty
of the school treasurer to give notice of the election in the
same manner as notices are now given of the election of
school trustees. Said notice shall contain the particulars
prescribed in the preceding section of this act for elections
under that section, and shall be given for thirty days before
said election. Said election shall be held in such place in
such township as the trustees of schools may direct; and
at such election two of said trustees shall act as judges and
Judges of eiec- one as clerk of said election. In case of the absence of
*^°"' such judges, at the time appointed [for] the election, or
their refusal to act, the voters assembled shall choose two
judges and one clerk from among the bystanders. At the
close of the election, the judges and clerks shall count the
votes given and make return as in elections for school trus-
tees. If a majority of the votes given are for subscription
or donation, it shall be the duty of said trustees, in their
corporate capacities, and school treasurer, and they are
hereby authorized to issue bonds to said railroad company
in the same manner and with like effect as is provided for
in the previous section of this act for the payment of interest
School direc- upou Said bonds. The said trustee? of schools shall certify
tors may assess ^^ ^^le couuty clerk the amount required to be paid, as is now
done by the school directors for the school tax ; and said
amount, so required, shall be levied and assessed upon all
the property, real and personal, in said township, subject
to taxation for general purj^oses, and shall be collected as
the school tax is now collected, and paid over to the school
treasurer, as is now done M'ith the school tax: but said
amount, thus levied and collected, shall be held and used
for the payment of the interest upon said bonds and for
no other purpose whatever.
§ 4. This act shall be in force from and after its j^as-
sage,
Thi*: l)in having lieen returned liy the governor with objertions thereto, and after
rec,oii^idcraih)n having passed liolh lioiiscs l)y a coustitutioiial majority, ii has Ijecome
a law this third day of IMarch, A. D. 18(Ja. EDWARD liUMMEL,
Secretaay of State.
liAILROAD COMPANIES — NEW PRIVILEGES. 259
AN ACT to amend an act entitled "An act to incorporate the Cairo and Yin- la force Feb. 9,
cennes Railroad Company," approved March 6, 1867, and for other purposes. 18G9.
Section 1. Be it enacted hij the People of the State of
Illinois^ represented in the General Assehibly, That the increase of
stockholders of the Cairo and Viucennes Railroad Compauj,
at any regular meeting for the election of directors, may
increase the number of directors from seven, as now provi-
ded by law, to any number, not exceeding thirteen. And
where said company has agreed to construct said railroad
through any town or city, the construction of said railroad
through any addition made to any such town or city shall
be construed to be a compliance with such agreement.
§ 2. Be it farther enacted^ that said company shall have May unite
power and authority to consolidate with any railroad company ^^^es*^*^ '^*^™'
in the state of Illinois, for the purpose of reaching the city of
Viucennes and making connectious with other railroads at
that point; and said company shall have power to consoli-
date with the Indianapolis and Viucennes Railroad Com-
pany of the state of Indiana, upon such terms and conditions
as shall be agreed upon between said companies. Said
corporations, when consolidated, to bear the corporate name
of ''The Cairo, Yincenues and Indianapolis Railroad Com-
pany."
§ 3. Be it further enacted^, that all contracts made by Towns and
towns, cities and countie-, into, through or near which the cities may seii
Cairo and Viucennes Railroad shall run, whereby, as an in-
ducement for the construction of said railroad, such towns,
cities and counties agreed, upon the completion of certain
portions of said railroad, to sell to the said company, at a
nominal price, the stock of said company fol" which such
towns, cities or counties, by a vote of their electors, had
theretofore subscribed, and agreed to issue bonds in pay-
ment thereof, thereby, in effect, agreeing to make a dona-
tion to said company of certain amounts of the bonds of
such towns, cities or counties, as an inducement for the con-
struction of said railroad, are hereby declared to be valid
and binding upon such towns, cities and counties, and shall
be carried into effect, in good faith, by the same ; and all
orders for and notices of elections, and elections and returns
of such elections, in respect to such subscriptions of stock to
said company, in any such towns, cities and counties, are here-
by declared to be valid and binding upon such towns, cities
or counties.
§ 4, And he it further enacted^ that said company shall Branch roads,
have full power and authority to locate, re-locate, construct, PrivUeges.
maintain and operate one or more branches to the main
line of said road into or through any county or counties on
or near the line of said road, and, f u- that purpose, shall
have all the powers and privileges which have been or may
2G0 BAILEOAD COMPANIES — NEW PKIVILEGES.
be conferred upon said company in respect to said main
line ; and the towns, cities, townships or counties into,
through or near which any of said branches are proposed
to be constructed, shall have power to make subscriptions
to the capital stock of said company, to aid in the construc-
tion of any of said branch roads, or such towns, cities, town-
ships or counties may make donations to said company, to
induce the location and construction of any such branch
roads; and subscriptions to the capital stock or donations,
to induce the location and construction of such branch roads,
in cases of towns and townships, may be one hundred thou-
sand dollars, and in cases of cities and counties may be two
hundred thousand dollars ; and any such town, city, town-
ship or county, may issue bonds in payment of such stock
subscription or donation — such bonds to bear eight per cent,
interest, per annum, payable halt-yearly in the city of New
York, and to run not longer than twenty-five years ; and
the corporate authorities of any such town, city or township,
or the county court or board of supervisors of any such
county shall have full power to contract with said company
for such subscription to the capital stock or such donation
to said company, to induce the location and construction of
such branch road ; and such authorities, before making any
Submitted to such Subscription or donation, shall submit the question of
legal voters. making such stock subscription or such donation to said
company to the qualified electors of any such town, city,
township or county, after thirty days' notice ; and if a ma-
jority of the electors votingat any such election vote in favor
of such stock subscription or donation, then such town, city,
township or county, in which such vote is taken, shall make
the stock subscription or donation contemplated in the order
for such election : Provided, that where any town, city,
township or county, by contract or by vote, agrees to
make a donation to said company for the purposes afore-
said, no bonds shall be delivered to said company as a do-
nation until such portion of such branch road as shall be
agreed upon in the contract or specilied in the order for
such election to be built by said company, shall be built and
Levy taxes. Crirs shall liuve run thereon. A tax of not more than one
dollar and fifty cents on each hundred dollars of taxable
property in any town, cit}', township or county, making
such a stock subscription or donation to said company, may,
annually, be levied and collected, to pay the interest and
principal of any bonds issued by any such town, city, town-
ship or county, to said company, in payment of any such
subscription or donation. And where any election, at a
time other than a genei'al election, shall be held under this
act, no new roiristry ol voters shall be recpiired to be made,
but the registry made at the last general election immedi-
ately precediuLC such election shall be taken and used at
such election, and voters whose names are not registered
RAILKOAD COMPANIES — NEW PKIVILEGE8. 261
may vote in the manner prescribed by the election laws for
non registered voters.
§ 5. This act shall be deemed a public act, and be in
force from and after its passage.
Ai'ROVED February i), 1869.
AN ACT to amend an act entitled "An act to incorporate the Champaign lu {^'''^/ggg^P"^
and Edgar County Railroad Company," approved March 24, 1869.
Section 1. Be it enacted hy the People of the State of
Illinois, represented In the General Assembly, That sec- see. 9 amended,
tion nine (9), of the act herebefore mentioned, be and the
same is hereby altered and amended, so as to read as fol-
lows, to-wit : "No snch subscription shall be made until
the question 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 requested, upon the
presentation of a petition, signed by at least ten citizens,
who are legal voters and tax payers of the town for which
he is clerk, in which the amount proposed to be subscribed
shall be stated, to post up notices which shall set forth ^.Notice of eiec-
proposition stated in petition aforesaid, in at least three of
the most public places in said towns, which notices shall be
posted not less than thirty days before the day of holding
such election, notifying the legal voters of said town to
meet at the usual place of voting, or some other convenient
place, in said town, for the purpose of voting for or against
snch subscription ; which said election may be specially
called, as aforesaid, or may be at any general election for
town, county or state othcers."
S 'I. All parts of said act, of which this is an amend- coufliciin-
, ' .',,., T . 1 ^1 1.1 acts repealed.
ment, inconsistent with this amendment, be and the same
are hereby repealed.
§ 3. This act shall be deemed a public act, and take effect
from and after its passage.
Approved April 19, 1869.
AN ACT to amend an act entitled "An act to incorporate the Chicago, In force March
Danville and Vincennes Railroad Company," approved Feb. 16, 1865. '"' ^'^*^^'
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General AsseraUy, That the Act amended,
act entitled "An act to incoaporate the Chicago, Danville
and Vincennes Railroad Company," approved February 16,
262 EAILKOAD COMPANIES — NEW PRIVILEGES.
18G5, be and the same is hereby amended so as to enable
said railroad company to construct a branch of their railroad,
in an easterly direction, from a point on the main line of
their railroad, in either the township of Calumet or the
township of Thornton, in the county of Cook, to the Indi-
ana state line ; and said company shall have the same rights,
powers and privileges, in constructing said branch, that they
now have under and by virtue of the act to which this act
is an amendment.
Sec. 3 amended. § 2. Section (3) three, of the act to which this act is an
amendment, is hereby amended, so that the following con-
cluding words, that is to say, "and amendments thereto,
approved Jane 22d, 1852," are stricken out and repealed;
and said railroad company shall have power to condemn
lands, for the purposes expressed in the act to which this
act is an amendment, under the general laws concerning
the procuring the right of way, now in force or to be here-
afcer in force.
wat=eka a § 3. Said act is further amended so that the city of
point m maiu "^^^ggj^^g^^ jq ^]^q county of Iroquois, is declared to be a point
in the main line of said railroad.
Artici PS offered § ^. Said railroad company are hereby required to carry
lira ^'■'^"'*P°'^'^^" lirewood on their said railroad, to the city of Chicago, at a
rate not exceeding two cents per mile per ton.
§ 5. This act shall be a public act, and be in force from
and after its passage.
Approved March 4, 1869.
In force March AN ACT to amend an act entitled "An act to incorporate the Chicago and
'^i, 1SC9. Illinois River Railroad Company."
Section 1, Be it enacted hy the People of the State of
Illinois^ represented in the (jeneral Assembly, That the
Act, amended, act entitled "An act to incorporate the Chicago and Illinois
Kiver liailroad Company," approved February 28, 1807, be
and the satne is hereby amended, by striking out, in the
fourth (1) section of the said act, the following words, to-wit :
"througii the village of Lisbon, Kendall county, the city of
Ottawa, LaSalle county, and such other points," and insert
in their stead the following words: "through such points."
Levy taxes. § 2. The soveral counties, cities, incorporated towns,
and the several townshijis in counties having township or-
ganization, tiirough or near which the said road shall be
located, are hereby authorized to raise money, by a tax, to
be levied u{)on all the real and personal property in the said
several counties, cities, incorporated towns and townships,
and to subscribe the same to the capital stock of said cor-
RAILROAD COMPANIES NEW PRIVILEGES. 263
poration, for the purpose of aiding in the constrnction and
completion of said railroad ; and the said several counties,
cities, incorporated towns and townships, as aforesaid, are
further authorized to issue bonds, drawing interest at a rate
not exceeding ten per cent, per annum, which said bonds
shall be negotiated and payable in the city of New York, in
not less than one year nor more than twenty, after the date
of the same : Provided^ that no subscription shall be made
or no tax shall be levied until the same shall be voted for
as hereinafter provided.
§ 3. Whenever twenty-five voters of any such county, P?'i<ion ,. f^f
.'-' ,. 11, 1 .,'' ,..•'' calling elt'Ction.
City, town or township, shall make a written application to
the county clerk of such county, or twenty-five voters of
any such city, town or township, shall make such applica-
tion to the clerk thereof, requiring an election by the legal
voters of such county, city, town or township, to determine
whether such subscription shall be made and such tax levied,
specifying in such application the amount, such clerk shall
file such application in his oflice, and immediately give the
notices, as required by law, for an election, to be held by submitted to
the legal voters of such county, city or town or township, ^^'"^ ^'^ ^^^'
at the usual places for holding elections — such notice to be
given at least thirty days prior to such election ; and such
election shall be held and conducted, in all respects, and the
return thereof made, as in case of annual elections.
§ 4. If the maiority of voters voting at such election .Towns nnd
shall be in favor of such subscription aud tax for the pay- stock,
ment thereof, then such city, countj^ or town or township,
by its proper corporate authority, shall levy such tax, and
subscribe to such corporation the amount thereof, to be de-
termined or votijd for at any such election, and shall issue
to said corporation their bonds for such amount, drawing
interest at a rate not exceeding ten per cent., per annum,
and payable in not less than one nor more than twenty
years. The said bonds, when issued, are to be irrevocable,
and negotiable and payable, as in section two, as aforefaid.
S 5. If any county, city or town or township shall sub- Boi.asinpay-
., -i-ii T •• », ment m sub-
scribe to said capital btock, under the provisions of this act, scriptious.
and shall iesue iheir bonds, said bonds shall be in full pay-
ment of their said subscriptions ; and the supervisors of
said townships or county court of said county and the cor-
porate authority of such city or town, shall, annually, ap-
point some suitable person to represent and vote upon the
stock 80 subscribed and levied, as aforesaid.
§ 6. This act shall be in force from and after its p?is-
sage.
Approved March 24, 1869.
264 EAILKOAD COMPANIES — NEW PRIVILEGES.
In force March AN ACT to amend an act entitled "An act to incorporate the Chicago and
15i 1S69. Indiana Railroad Company."
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly^ That section
Sec. 18 repealed, ei^'htecu (18), of the Ect of incorporation ofthe Chicago and
Indiana Raih'oad Compauj, approved March 5th, A. D.
1867, is hereby repealed.
Transportation § ^- The Said Chicago and Indiana Raih'oad Company
of freight. shall bc permitted to collect, for transportation of fuel, as
provided in section twenty (20) of the act of incorporation,
two cents per ton, per mile, when offered in full car loads
and loaded and unloaded by the owner.
Collection of § 3, The Said Chicago and Indiana Kailroad Company
fares. j^^^y collect, for commutation tickets, fare at the rate of one
cent per mile, where commuters purchase yearly tickets,
one and one quarter cents per mile, where they purchase
tickets good for six months ; and one and one-half cents per
mile, in cases where commuters purchase tickets good but
three months — it being understood, in case of commutation,
that the commuter shall purchase such tickets, and it shall
expire at its limitation, whether he rides or not ; and said
company may collect for transient or local fare three cents
per mile, and no fare to be less than ten cents.
§ 4. This act shall be in force from and after its pas-
sage.
Approved March 15, 1869.
In force March AN ACT to amend an act entitled "An act to incorporate the Chicago
29, 1869. .^,1,] Plainfield Piailroad Company," approved Feb. 24, 1859, and an act
amendatory tliereto, entitled " An act to amend an act entitled ' an
act to incorporate the Chicago and Plainfield Kailroad Company.' "
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly^ That the
Name changed. Piiid Corporation, heretofore known as the "Chicago and
Plainfield Railway Company," shall hereafter be known
and called the " Chicago, Plainfield and Pekiu Raili'oad
Company." That said coni])any is hereby authorized to
locate the line of said railroad on the most eligible route from
(Jhieago to Plainfield, and from thence, through Groveland
township, to Pekin, and shall have all the powers, rights,
privileges and immunities which have been heretofore
granted, and such powers, rights, privileges, and immunities
as are hereituifter provided for. And all subscriptions, do-
nations or gifts to the capital stock of said railroad company.
EAILROAD COMPANIES — NEW PRIVILEGES. 265
whether made by individuals, townships, counties or corpora-
tions, shall be and are by this act legalized. And the said
company are hereby empowered and authorized to collect and
use the same. And all elections heretofore held by au}^ city,
county or township, for the purpose of voting a subscrip-
tion or donation to said railroad company, are hereby
legalized.
§ 2. The said corporation are hereby further authorized siockBnbsciip-
to receive subscriptions, donations or gifts to the capital
stock of said company, either in money, lands, labor. Donations,
materials, cars, locomotives, or other articles, personal or
real, adapted to the construction or operation of said rail-
road, or any property that, in the opinion of the board of
directors, may be exchanged or converted to such use ;
and upou receiving full payment, in manner aforesaid, of
any such subscription of stock, may issue to such subscriber
or subscribers certificates of stock therefor.
§ 3. The several counties in which any part of said .To\ra3 aiui
railroad has or may hereafter be located or that may lie on or stock.
near the line of said road, and the several townships in
said counties which have adopted or may hereafter adopt
township organization, and the cities and incorporated
towns in said counties, are hereby authorized to subscribe
and take stock in said company.
§ 4. Elections may be' held in any such county, town- Submitted to
ship, city or incorporated town upon the question whether °
such county, township, city or town shall subscribe for any
specified amount of stock of said company, not exceed-
ing two hundred thousand dollars ; and elections shall be
held in any such count}'', township, city or town, as often
as a petition shall be presented, as hereinafier specified,
until such county, tov;nship, city or town shall have sub-
scribed for the full amount of stock authorized by this act.
§ 5. Whenever a petition shall be presented to the ^^^^^[1'^^.^^^ -^'^^ "^
county clerk, signed by fifty legal voters of any such
county, setting forth the amount of stock proposed to be
taken by any such county, and specifjnng the time for holding
such an election, it shall be the duty of the county clerk of
such county to give thirty days' notice of the time of hold-
ing such election, which shall be the same time as that
specified in such petition ; and whenever a petition shall
be presented to the supervisors of any such township, or to
the corporate authorities of any such city or town, signed
by twenty-five 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 election, it shall be the duty of
the supervisor of every such township and the duty of the
clerk of every such city or town, to give thirty days' notice
of the time of holding such election in euch township, city
Yol, III~34
^2^06 EAILEOAD COMPAIIIES — NEW PRIVILEGES.
or town, which shall be the same time as that specified in
such petition ; which said notice or notices shall be given in
the same manner, and such election or elections shall 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 qualified
voters of tiie respective counties, townships, cities and
towns, shall vote " For subscription*' or " Against subscrip-
tion ;" and the returns of such election or elections shall be
made to the county clerlr, in the same manner and within
the same time and shall be by him opened and declared in
the same manner as for elections held for state and county
officers ; and if a majority of the votes cast at such election,
by voters voting on that subject, shall be "for subscription,"
it shall be the duty of the county court, or board of super-
visors 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 the re-
quest of said company, to the amount so voted for, and to
irsue and deliver to said company the same amount as the
stock so subscribed of the bonds of such county, township,
city or town, as the case may be, payable at any time speci-
Time of pay- fiecl, uot exceeding fifteen years from date, or sooner, at the
mg ou g. option of the county, township, city or town issuing the same,
with interest, by coupons attached for the same, at a rate
not exceeding ten per cent, per annum, payable annual-
ly, which said bonds and interest accruing thereon
shall be made payable at such place within the United
States as said company may request : Provided, that at
any election held under the provisions of this act at any
other time than the time for holding the general elections
for state and county purposes, it shall not be necessary for
the several boards of registry to make a new register of the
several voting precincts, but the register made of the legal
voters at the last general election held for the election of
state or county officers may be used : Provided, that any
legal voter, whose name does not appear on said register,
shall be received and taken in the same manner that un-
registered legal voter's votes are received at any general
election.
Intersections. § 6. Whenever it shall be necessary, for the construc-
tion of said railroad, to intersect or cross the track of any
other railroad, or to cross any streani of water or water
course, or road or highway, lying on the route of said road, it
shall bo lawful for the company to construct their railroad
upon or by the side of the same : Provided, that the said com-
pany r1i:i11 restore tiie railroad, stream of water, water course,
road or highway, thus intersected or crossed, to its former
etiito or in a sufficient manner not to materially impair its
usefulness: Provided, that whenever it shall become
necessary for said railroad cumpauy to cross the track of
RAILEOAD COMPANIES — NEW PRIVILEGES, 2G7
any othor railroad company, now bnilt or \yliich may be
hereafter constructed, the expense of putting in and build-
ing such crossing shall be paid and shared equally by and
between the two companies so connecting or intersecting
each other.
§ 7. It shall be lawful for the incorporate authorities of ^^^"^f^ °^ ''^-*^
any incoroorate city or town through which said railroad
shall be located, to donate or lease to said railroad com-
pany, as a right of way, the right to lay a single or double
track through said city or incorporated town, on any por-
tion of the same, on any street or highway that the said
railroad company shall select for that purpose — said lease
or permit to be unchangeable and perpetual, except at the
option of said railroad company.
§ 8. Said company shall have power to contract for the contracts.
building of said railroad, or any portion thereof, by their
president, with the consent and approval of the board of , construction
' . ' , , ,, . , '■T.I i of railroad.
directors or a majority or them ; and the power to pur-
chase, contract for and place on said railroad heretofore and
hereby authorized to be constructed, all machines, machine-
ry, rolling stock and other property, which they may deem
necessary and proper for building and operating said rail-
road ; and power to transport and carry upon said rail-
road, by force and power of steam, animals or any com-
bination of them ; and may tix, establish, take and receive
such rates of toll, for passengers and property conveyed or
transported upon the same, as the directors shall, from
time to time, establish ; and shall carry and transport the
mails of the United States on such terms as may be agreed
upon.
§ 9. The stock of said company shall be deemed per- -,er*onai'^ro'^er-
sonal property, and may be issued, certified, transferred ty and transfer-
and registered in such manner and at such places as may ^^^^'
be ordered and provided by the board of directors, who
shall have power to require the payment of stock sub-
scribed in the manner and at the time and in such sums as
they may direct ; and on the refusal or neglect, on the part
of the stockholders or any of them, to make payment, on
the requisition of the board of directors, the shares of stock
delinquent or so unpaid may, at the option of the said board
of directors, after thirty days' public notice, be sold at pub-
lic auction, under such rules as the directors may adopt ;
the surplus money, if any remaining, after deducting the
payment due, with interest and cost of sale, to be paid to
the delinquent stockholder.
§10. Said company shall have power, by and with the May nuiie with
consent of the owners of three-fourths of the capital stock o^'^"^'^'"^'^^-
of said company to consolidate and connect its railroad with
any other continuous line of railroad now constructed or
which may be hereafter constructed in this state upon such
terms as may be agreed upon between the companies so
26S KAILEOAD COMPAiJIKS — NEW PBIVILEGES.
connecting or uniting ; and for that purpose, full power is
hereby given to said company to make and execute such
contracts with any other company, as will secure the object
of said consolidation or connection.
May borrow -^ 11. Said railroad company are hereby authorized to
moucy. borrow money, from time to time, on the credit of said
company, at any rate of interest not exceeding ten per
cent., per annum, as may be agreed upon between the par-
ties, for the sole purpose of constructing said road and
fnrnishing the same with cars, locomotives and other ma-
chinery, necessary to carry on the operations of said com-
pany, and may issue its corporate bonds therefor, in de-
nominations of not less than five hundred dollars, with
coupons attached for the interest, and to secure the pay-
ment thereof, with the interest that may accrue thereon,
may mortgage their corporate property or franchises, or
both, for said purpose. And they may, by their president
or other officers or agents, sell, dispose of or negotiate such
bonds or the stock of said company, at such times and
places, either within or without this state, and at such rates
and for such prices as, in their opinions, will best advance
the interest of said company ; and if such bonds or stocks
are sold at a discount, such sale shall be as valid and bind-
ing, in every respect, as if sold at par value : Frovided^
that the total amount of first mortgage bonds of said com-
pany shall not exceed in amount the sum of fifteen thous-
and dollars per mile of the said railroad, constructed or to
be constructed.
Bonds may be § 13, The dircctors of Said company may confer on any
capital stock"''' bond holder of any bonds issued for money borrowed, as
aforesaid, the right to convert the principal due or owing
thereon into the capital stock of said company, at any time,
not exceeding ten years from the date of the bond, under
such regulations as the directors of said company may see
lit to adopt.
Dividends. § 13. The Said company shall, annually or semi-annu-
ally, make such dividends as they may deem proper of the
net profits, receipts or income of said company, among the
stockhulders, in tlie proportions to their respective shares.
Powers of the § 1-1. All tlio Corporate powers of said company shall
directors. i^g vested in and exercised by a board of nine directors, a
majority of whom shall constitute a legal quorum for the
transaction of all business; and they shall have power to
appoint such other officers, agents or servants as they
may deem necessary. Yacancies in the board may be
filled by a majority of those remaining — sucli appointees
to continue in office until the successors of the then board
shall be qualified. An election for a board of nine direc-
tors of said company shall bo held on the second Tuesday
in April, 1869, at tlio circuit court room in the city of
Fekin, comraenciDg at 10 o'clock A. M., and the same to
EAILHOAD OOMPAJNIES — NEW PKIVILEGE8. 269
close at 2 o'clock P. M., of said day. No notice need be
given of said election ; and the directors chosen at such
election shall hold their offices, respectively, until their suc-
cessors are chosen and qualified. The annual election of Annual election
directors shall be held on the second Tuesday in January, °' •^''^^ctora.
in each . year, at such place as the directors may direct,
twenty days' notice being given, by publication in one or
more newspapers on or near the line of said road ; and said
board of directors shall have power to change its president,
secretary or treasurer, at pleasure, at any regular or spec-
ial meeting of the board : Provided, a majority of the nine
directors vote for such change.
§ 15. At any election held for choosing directors or for who entitled
other purposes each share of stock shall be entitled to one ""^^ ^'
vote, to be given either in person or by proxy. Each per-
son shall be voted for directly, and those receiving the
highest number of votes shall be declared duly elected, and
shall hold their offices until the next annual election and Term of office,
until their successors are elected and qualified. All elec-
tions of directors to be conducted by three judges, to be se-
lected by the stockholders present ; and at all such elec-
tions and on all questions voted upon by the stockholders
of said company, all stock subscribed for and owned by any
county, township, city or incorporated town, in the man-
ner hereinbefore provided, may be represented and voted
by such person or persons, or his or their proxy, as the
proper authorities of the respective counties, townships,
cities and incorporated towns shall designate or appoint.
§ 16. The board of directors shall have power to con- Transportation
trol and regulate the manner of transportation of persons ^^^^^'
and property, the width of track, the construction of wheels,
the form, and size of cars and locomotives, the weight of
loads, and all other matters and things respecting the use
of said road and the conveyance of persons and property
thereon, and shall have power to make, ordain, establish
and execute all such by-laws, rules and regulations, as they
may deem expedient and necessary to fulfill the purpose
and carry into effect the provision of this act and for the
well ordering and securing the affairs, business and inter-
ests of said company: Provided^ that the same be not re-
pugnant to the constitution and laws of the United States
or of this state.
§ 17. The certificate of the secretary of said company, certificate of
under the corporate seal thereof, shall be received in all \l"^yj^ ^"''"^
courts of justice and elsewhere as evidence of the regular
organization of said company, under its charter, and of any
act or order of the board of directors of said company.
§ 18. The corporate rights, privileges and franchises of Poweisaadpri-
said company, as granted, are hereby declared to be in full ^^*®=^*-
270 KAILEOAD COMPANIES — NEW PEIVILEGES.
force and effect, and shall be liberally construed for all pur-
poses sought to be obtained.
§ 19. This act to take effect from and after its passage.
Approved March 29, 1869.
In force April AN ACT supplemental to " An act to amend an act entitled 'an act to in-
19, 1869. corporate the Chicago and Plaiafield Railroad Company,' approved
February 24, 1859, and an act amendatory thereto entitled 'an act to
incorporate the Chicago and Plainfield Railroad Company,'" approved
March 29, 1869.
Section 1. Be it enacted hy the People of the State of
Illinois^ rejpresented in the General Assembly^ That said
Name changed, railroad company shall heenceforth be known and called by
the name of " The Chicago, Pekin and Southwestern Kail-
road Company," and that so much of said act as names
Part of act re- Plainfield and Groveland townships as points on said road
^^^^ • is hereby repealed.
Part of section § 2. That SO much of section six of said act as requires
6 repealed. railroads crossed by this railroad, to bear an equal share of
the expenses of such crossings, is hereby repealed.
constrnction of g 3. Nothing in said act shall be constraed to impair or
invalidate any contract entered into prior to the passage
thereof for the construction of said road or any part
thereof.
sect.ou 12 re- § 4. Section twelve of the act to which this is an amend-
^^^ ^ ' meat is hereby repealed.
Sec. 14 amended § 5. Section fourteen of said amendatory act is hereby
amended, so that it shall be lawful to elect thirteen direc-
tors of said company ; and an election therefor shall be held
as soon as three hundred thousand dollars has been, in
good faith, suliscribed to the capital stock of said company
and five per cent, of said subscription has been actually paid
Notice of eieo- in. Thirty days' notice of such election for directors shall
•^'""^ be given, by publication in two or more newspapers pub-
lished on the line of said railroad, prior to such election.
And at all elections of said company none but stock in good
faith subscribed and upon which all amounts due are actu-
ally paid shall be entitled to vote. So much of said last
mentioned section as requires an election for directors of
said company to be held on the second Tuesday of April,
18()9, is hereby repealed.
^T§ G. This act shall take effect and bo in forco from and
after its passage.
Approved April 19, 1869.
KAILROAD COMPANIES — NEW PKIYILEGES. 271
AN ACT to amend an act entitled "An act to incorportito the Court in force March
Creek Railroad Company." 2T, 18Sa.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the Appointment
persoDS named in the iirst section of said act, or so many of directors,
of them as shall meet and organize, for that purpose, at the
First National Bank, in the city of Galesburg, on the first
Monday of April, A. D. 1869. are hereby appointed the di-
rectors of said corporation, and shall hold their ofiice for
one year or until others are elected. Such directors, or a Quorum to do
majority of them, shall constitute a quorum for the transac- ^"^'^'^'^s-
tion of business, and shall elect one of their number to be
president of said company. They shall also elect such oth-
er officers and agents as they shall deem proper. In case
any vacancy occurs in the board of directors, such vacancy
may be filled by the remaining directors or in such man-
ner as the by-laws of said corporation may provide. In
case less than thirteen of the persons named, as aforesaid
in said act, shall organize, as aforesaid, those of their num- ,
ber who shall meet and organize may increase their num-
ber to thirteen, by election, either then or at subsequent
meetings.
8 2. Said directors shall, as soon after the passage of open tooks for
Ai • i • L. 1 1 J.' 4.1 V subscnpiion.
this act as convenient, open books tor the purpose ot re-
ceiving subscriptions to the capital stock of the company,
under the direction of such agents as said directors shall
appoint, and such books sh^ll be kept open from time to
time, until the amount of the capital, as authorized by this
act or fixed by said corporation, shall be subscribed, or
until said directors shall determine to close the same,
§ 3. There shall be an annual meeting of the stock- . Annual meet-
holders of said company, for the election of the board of holders,
directors — the time and place for holding which shall be
fixed by the by-laws of the company ; and at all meetings
each stockholder shall be entitled to vote, in person or by
proxy, one vote for each share he, she or they may hold
and own, bona fide, in said corporation. The number of
directors shall be thirteen, or such less number as may be
determined by the by-laws of the corporation, not less than
seven.
§ 4. Any incorporated city or town or any county on (.it[°g^^ay take
or near the line of said railroad may subscribe to the capi- stock,
tal stock of said company any sum, not exceeding one hun-
dred thousand dollars, and may issue bonds, bearing interest
at the rate not exceeding ten per cent., per annum, payable
annually ; which bonds may run any period, not exceeding
twenty years, to be determined on by the county court,
board of supervisors, city council, town trustees or other
proper authority issuing said bonds : Provided, that before
272 BAILKOAD OOMPAHIES — NEW PElVILEaES. <
sucli stock shall be subscribed, an election shall be held in
conformity with the laws in regard to ordinary city, county
or town elections — thirty days' notice having been given, and
Submitted to returus to be made in the usual way ; at which election a
legal voters. niajority of the legal voters, voting on that question, shall
have voted in favor of said subscription, and, to this end,
the ^county court, board of supervisors, city council, town
trustees, or other proper authority may, from time to time,
order elections, specifying the amount proposed to be sub-
scribed ; and such city, town or county is hereby authorized
and required to assess and levy a sufficient tax to pay the
interest accruing on such bonds and the principal of the
same when due ; which tax shall be assessed, levied and
collected in the same manner as other taxes are by law re-
quired to be assessed, levied and collected.
Organized § 6. Any town Organized Under the towuship Organization
stock! °^'*"*' ^ ° law, on or near the line of said railroad, may subscribe to
the capital stock of said company in any sum not exceeding
fifty thousand dollarsr but no such subscription shall be
made until the question has been nubmitted 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 fifty legal voters residing in such town, in which pe-
tition the amount proposed in which the subscription is to
Notice of be made 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 thirty days before the day of
holding such election, notifying the legal voters of said
town to meet at the usual places of voting in such town, for
the purpose of voting for or against such subscription ;
which election shall be held and conducted in the man-
ner provided by law for the election of town officers. If
it shall appear that a majority of all the votes in any
town, voting on that question, have voted for subscription,
it shall be the duty of the supervisor of such town to sub-
scribe to the capital stock of said company, in the name of
Interest bonds, the town, the amouut 60 voted to be subscribed, and to
receive from said company the proper certificates therefor ;
he shall also execute and deliver to said company, in pay-
ment of calls on such subscription, not otherwise provided
for by the people of such town, bonds in the name of the
town, bearing interest not to exceed ten per cent, per an-
num, and not having more than twenty years to run — the
interest payable annually. Such bonds shall be attested
by the town clerk, and it shall be the duty of the town
clerk to make a record of the issuing of such bonds.
Diityoftjwn § <-''• It shall be tho duty of the town clerk, in such
cierii. town in which a vote shall have been given for subscrip-
tion, within ten days thereafter, to transmit to the county
clerk of the county in which such town is situated, a state-
TOWNS ^NEW PRIVILEGES. 273
Dwight shall be vested in and prosecuted by the corpora-
tion hereby created.
§ 8. All property, real and personal, heretofore belong- ah properly
ing to the president" and trustees of the town of D wight, Su. ''' '^^''i^"-
for the use of the inhabitants of said town, shall be and the
same are hereby declared to be vested in the corporation
hereby created.
§ 9. This charter shall not invalidate any act done by Not toiuyaii-
the president and trustees of the town of Dwight, nor divest acts. '"''^""'"'
them of any rights which have accrued to them prior to the
passage of this act.
§ 10. Appeals shall be allowed in all cases arising nn- Appeals tnken
der the provisions of this act or of any ordinance passed *° "'''^"" '=^'"''-
in pursuance of this act to the county or circuit court of
Livingston county, and every such appeal shall be taken
and granted in the same manner and with like effect as
appeals are taken from and granted by justices of the peace
to the circuit court in similar cases, under the laws of this
state : Provided^ the said corporation shall be allowed to
appeal in any case in which it is a party, by causing its
president or clerk to execute a bond, in the name of the
corporation, in the form now prescribed by law in other
cases, without other security ; and an order entered upon
the records of said corporation, directing said appeal or ap-
proving the same, shall be sufficient evidence of authority
to sign said bond.
§ 11. The president and trustees of the town of Dwight promnigation
shall, immediately afrer the passage of this act, take meas- ° ^^^'
ures to promulgate the same within the limits of said town.
§ 12. This act is hereby declared to be a public act, aud Evidence aud
may be read in evidence in all courts of law and equity p™"^ ^^ ^'^'^'
within this state without proof.
§ 13. The town marshal or constable or any other offi- Powers of the
cer authorized to execute writs or any other process issued ™u"aDie.
by the police magistrate of said town, shall have power to
execute the same anywhere within the limits of the county
of Livingston, and shall have the same power to execute
any process issued by any justice of the peace of said county,
and be entitled to the same fees for traveling and other ser-
vices as are allowed to constables in similar cases.
§ 14:. No provision of this act shall be so construed as corstructionof
to authorize the sale of intoxicating drinks, whenever the ^^^'
same is or may hereafter be prohibited by law or ordinance.
§ 15. The town council may, at any time hereafter, ProvWe fm-
provide by ordinance for future elections by the inhabitants fntureecctious.
of said town of such town officers as they may deem it ad-
visable to have elected.
§ 16. All fiiies and penalties, recoverable by indictment Aiithefiue-j
or action, for any offenses committed within the limits of paid to treasurer
said town or within one mile of the same, and which are
now required by law to be paid to the county treasurer or
Vol. IV— 35
facie evidence.
274 TOWNS — NEW PKIVILEGEB.
to the school commissioner of said county, shall hereafter
be paid in to the town treasurer, for the use ot said town.
Deeds prima § 17. Deeds of land sold for taxes under the sales here-
tofore made, under the ordinances of the town of Dwight,
may be executed by the president of the corporation hereby
created, and shall be acknowledged as other conveyances,
and when executed and acknowledged, as aforesaid, they
shall be deemed and taken, in all courts and places, to be
prima facie evidence of the existing and regularity of all
such prior proceedings as might otherwise be required to
be proved, in order to establish the title ; the purchase and
such deed shall be evidence, as aforesaid, without any proof
of any proceeding prior to the issuing thereof.
§ 18. This act shall be in force from and after its pas-
sage.
Approved March 24, 1869.
In force March AN ACT to enable the corporate townof Earlville, LaSalle connty, to levy
®^' ^^'^' and collect road taxes.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the
Power to collect corporate town of Earlville, in LaSalle county, and state of
Illinois, shall be empowered to assess and collect any and
all road taxes, both labor and money tax, inclusive, now
authorized by the laws of this state to be assessed upon
the persons and property within the highway or road limits
of the corporate town of Earlville.
§ 2. This act shall take effect and be in force from and
after its passage.
Approved March 27, 1369.
In force Feb. 24, AN ACT to amend an act entitled "An act to amend, alter and revise the
1869. manner, name or style and corporate powers of the town of Elgin,"
approved February 28, 1854.
Section 1. Be it enacted ly the People of the State of
Illinois, represented in the General Assembly, That section
Sec. a amended, three, article four, of the act to which this is an amend-
ment, be and tlie same is hereby amended, by striking out
all after the word "assessor," in second line. Said section
to read as follows : "At each general election for mayor and
aldermen, there shall be elected a treasurer and assessor."
TOWNS — NEW PRIVILEGES. 275
§ 2. Tliis act to be deemed a public act, to take eflfect and
be in force from and after its passage.
Approved February 24, 1860.
AN ACT to enable the commissioners of highways of the town of Elling- In force March
ton, county of Adams, state of Illinois, to make, improve and repair 31, 1809.
, the highways and bi'idges, and levy road and bridge taxes, in the man-
ner hereinafter mentioned.
Section 1. Be it enacted by the People of the State of
lUinois, represented in the General Assembly, That here- Election of
after all road, highway and bridge taxes, (except the poll i^g^^^ay officers
tax) in and for said town, shall be due and collectable in
money, and that no overseers of highways shall hereafter
be elected or appointed in and for said town, except as here-
inafter provided.
§ 2. That each commissioner of highways of said town commissioners
shall, at their first meeting after they are chosen, and as iuhawtantB!^' ""^
now provided by law, and each year thereafter, present to
the board of commissioners a list, subscribed to by him, of
the names of all the inhabitants in that part of the town
represented by him, as hereinafter provided, who are liable
by existing laws to work on the highway ; and the board
of commissioners shall assess the poll tax thereon, as now
provided by law.
§ 3. The said commissioners shall, also, require of their Record of pro-
treasurer, in addition to the duties now required of him by '^^^'^^se-
law, to keep, in a suitable book provided by them out of
any funds in hands, a full and complete record of all the
proceedings had and orders made upon all matters by the
said commissioners of highways; also, make out, or cause
to be made out, two complete lists of personal property,
and also a description of each tract of land and the names
of the owners of such personal property and tract of land,
if known, with the valuation thereof, as taken from the as-
sessment roll of the previous year of said town' and the
amount of road tax assessed thereon, in a separate column.
The lists so prepared shall be subscribed to by said com-
missioners, one copy given to the town clerk, to be filed in
his office, the other to be by the treasurer of said board de-
livered to the supervisor of said town at least ten days pre-
vious to the annual meeting of the board of supervisors ;
and it shall be the duty of the supervisor of the town of
Ellington, Adams county, state of Illinois, to receive such
list, when delivered, and lay the same before the board of
supervisors of the county of Adams.
§ 4. It shall be the duty of the board of supervisors to Dut'es of the
cause the amount of such averages of such road tax to be ^'^i^^'"^^"*^-
oi loaj
276 TOWNS — NEW PRIVILEGES.
levied on the lands so returned, and to be collected in the
same manner that the contingent charges are levied and
collected, and to cause the same, when collected, to be paid
to the commissioner of the town of Ellington, aforesaid, to
be by them applied to the construction and repairing of
roads and bridges.
Superintendent § 5. The commissioncrs of highways of the town of
Ellington are hereby authorized and required, at their first
meeting, to appoint a suitable person, or within thirty days
thereafter, and to fix his compensation, who shall be
known as superintendent of roads and bridges in and for
the town aforesaid, who, under the direction of said com-
missioner of highways and subject to their control and re-
moval by them at any and all times, shall take charge of
the making and repairing of the roads and bridges of said
town. Said superintendent shall collect the poll tax due
from all persons liable to the same, in labor or money, as
persons may elect, in the same manner as now provided
by law that it shall be done by the overseers of highways,
and report, in writing, each month, the amount collected
Ei^fovcf coiiec- in money or labor, as the case may be, to the commissiou-
tion of taxes, ers of highways. The said superintendent shall have the
same power to enforce the collection of said poll tax as
though acting as district overseer of highways under exist-
Town divided [j^cr lawS.
into d.stricts. ^ . '_,, , .. (■t-iit i ii t •
§ 6. ihat the said town oi Ellmgton be and hereby is
divided into three districts, known and described as follows,
to-wit: District No. 1, shall comprise all that portion of the
town of Ellington known and described as township one
(1) south, range nine (9) west of the fourth (4) principal
meridian, not included within the corporate limits of the
city of Quincy. District No. two (2), shall comprise all that
portion of the town of Ellington known and described as
the north half of township one (1) south, range eight (8)
west of the fourth (4) principal meridian. District No.
three (3), shall comprise all that portion of the town of El-
lington known and described as the south half of township
one (1) south, range eight (8) west of the fourth (4) princi-
pal meridian. Each district hereby created shall always
be entitled to one commissioner of highways, who shall be
a resident of the same. All moneys and labor collected
for general road purposes shall be expended in the district '
piautinp trees. tVom wliicli they were collected.
§ 7. The owners of any lands lying and being upon pub-
lic highways in the town of Ellington, Adams county, Illi-
nois, shall have the right to plant trees on the public high-
way, along the front of lands or lots. On public highways,
of not less than sixty feet in width, such shade trees as may
be planted, not to exceed twelve (12) feet troin the lines of
such highways or streets. On highways less than sixty
feet and over forty feet in width, such shade trees may be
planted not to exceed eight (8) feet from the lines of such
TOWNS — NEW PBIVILEGE8. 277
highways. On highways less than forty (40) feet in width,
such trees may be planted not to exceed six (6) feet from
the lines of the said highway.
§ 8. Any person injuring or destroying any tree already injuring trees.
growing or which may be planted in accordance with the pro-
visions of this act, shall be deemed guilty of a misidemeatior,
and shall be subject to a tine of not less than ten (10) nor more
than hfty (50) dollars for each offense, and be liable to the
owner for damages, in an action of trespass, before any jus-
tice of the peace of Adams county.
§ 9. That an act entitled "An act to vacate certain ave- Former act
Dues traversing the S. E. quarter, sec. twenty-four (24), jn'^'^®'*'^
township one (1) south, range nine (9) west, Adams county.
Illinois," and approved Feb. 28, 1867, be and the same is
hereby repealed.
§ 10. All acts and parts of acts inconsistent with the Conflicting acts
provisions of this act are hereby repealed. ^^^^^
§ 11. This act shall be deemed a public act, and be in
force from and after its passage.
Approved March 31, 1860.
AN ACT to amend an act entitled "An act to enable the commissioners of In force April
highways of the town of ElliULton, iu Adams county, Illinois, to make, ■'^' ^^^■'•
improve and repair highways and bridges and levy road and bridge
taxes, in the manner hereinafter specified, and to do other things men-
tioned," approved March 24, 1869.
Section 1. £e it enacted by the People of the State of
Illinois, represented in the General Assernbly, That said ^^^ amended.
act be and the same is hereby amended by striking out and
repealing all of section nine (9) of said act.
§ 2. This act shall take effect from and after its pas-
sage.
Approved April 17, 1869.
AN ACT to extend the corporate powers of the town of Enfield. I" ^^J^i c ^q '""*^**
15, 1S.)9.
ARTICLE I.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the
inhabitants of the town of Enfield, in the county of White,
and the state of Illinois, be and they are hereby consti-
tuted a body corporate and politic, by the name and style
278
TOWNS NEW PKIVILEGB8.
Name and style.
Boundaiies.
General corpo-
rate powers.
Additions to
the lown.
of " The Town of Enfield ; " and, by that name, shall
have perpetual succession, and may have and use a com-
mon seal, which they may change and alter at pleasure.
§ 2. The corporate limits of said town shall include all
that district of country known as the south-east quarter of
section 8, the south half of north- east quarter of section
8, the south-west quarter of section 9, the south half of
north-west quarter of section 9, the north half of north-
west quarter of section 16, and the north half of north-east
quarter of section 17, all in township 5 south, of range 8
east, in said county of "White.
§ 3. The inhabitants of said town, by the name and
style aforesaid, shall have power to sue and be sued, to
plead and be impleaded, to defend and be defended, in all
courts of law and equity, and in all actions whatsoever; to
purchase, receive and hold property, both real and personal,
in said town, and to purchase, receive and hold real proper-
ty, beyond the limits of said town, and to sell, lease, con-
vey and improve property, real and personal, for the benefit
of said town, and to do all other things in relation thereto
as natural persons.
§ 4. That whenever any tract of land adjoining the
said town of Enfield shall be laid off into town lots and re-
corded according to law, the same shall be annexed to and
form a part of said town.
ARTICLE II.
Coiincil.
Eligibility
officers .
OfBce vacated.
OF TOWN COUNCIL.
Section 1. There shall be a town council, to consist of
five trustees, to be chosen annually by the legal voters of
said town,
of § 2. JSTo person shall be a member of the town council
unless he shall be, at the time of and shall have been for
six months immediately preceding his election, a resident
of said town, twenty-one years of age, also a freeholder of
said town, and a citizen of the United States.
J 3. If any member of the town council shall, during
the term of his office, remove from the town, his otfice shall
thereby be vacated.
Election returns § 4. The tuwn council shall judge of the qualifications,
elections and returns of its own members, and shall deter-'
mine all contested elections.
§ 5. A majority of the town council shall constitute a
quorum to do business, but a smaller number may adjourn
from day to day and compel the attendance of absent mem-
bers, under such fines and penalties as may be prescribed
by ordinance.
§ 6. Tlie town council shall have power to make rules
for its i)roceedings, and i)unish its members for disorderly
conduct, in Buch manner as may be prescribed by ordi-
nance.
Quorum.
Rules oi' pw
cccdmgs.
TOWNS — NEW PRIVILEGES. 279
S 7. The'town council shall keep a iournal of its pro- Jonmaiofpro-
" , . * J. »> 1 ceedings-
ceediDgs.
§ 8." 1^0 member of the town conncil, during his term no member
of office, shall be appointed to any office under the authority ^pp°^'^*«'^ '"^ "'-
of the council.
§ 9, The vacancies that may occur in the town council vaoanoies.
shall be tilled by election.
§ 10. Each and every member of the town council shall oathot office.
take and subscribe an oath, before entering upon the duties
of his office, that he will support the constitution of the
United States and of the state of Illinois, and that he will
well and truiy perform the duties of his office to the best
of his ability.
§ 11. Whenever there shall be a tie in the election of Tie vote, how
any member of the town council, or other officer elected ^eteimmed.
thereof, the judges of said election shall certify the same
to some acting jastice in said town or the one residing near-
est thereto, who shall determine the same by lot, as shall
be provided for by ordinance.
§ 12. There shall be twelve stated meetings of the town stated meetmes
council in each year, at such times and places as may be
prescribed by ordinance.
ARTICLE III.
/
ELECTIONS.
Section 1. On the first Monday in May next, ensuing Election of
the date hereof, between the hours of one and five o'clock, councu.
P. M., an election shall be held in said town of Enfield for
the election of five members of the town council, one po-
lice magistrate, one treasurer, and one town constable, and
forever thereatter, on the first Monday of the month of
May, in each year, there shall be an election held for such
officers. The first election shall be held and conducted and
returns thereof made, as provided by ordinance of the pre-
sent president and trustees of said town ; and all succeed-
ing elections to be provided by ordinance of the town coun-
cil by this act created.
8 2. All persons who are entitled to vote for state offi- Qtiaiifications
Til 11 1 1 1 • 1 r-'i of electors.
cers, and who shall have been actual residents ot said town
for sixty days next preceding said election, shall be entitled
to vote for said officers.
ARTICLE IV.
POWERS OF TOWN COUNCIL.
Section 1. The town council shall have power and au- Power to levy
thority to levy and collect taxes up'm all property, real and taxes.
personal, within the limits of said town, as provided in sec-
tion nine of the act entitled "An act to incorporate towns
280 TOWNS NEW PRIVILEGES.
and cities," approved February 10, 1849, at a rate not ex-
ceeding one per centum on the assessed value thereof.
Appnintment § 2. The towu couucil sball have power to appoint a
of officers. clerk, supervisor of streets, and all such other officers as
may be necessary, and to require all officers appointed in
pursuance of this charter to g;ive bonds, with such penal-
ties and securities for the faithful performance of their du-
ties as may be deemed expedient.
Appropriation § 3. To appropriate money for the use of and provide
for expenses. ^^^ ^j^^ payment of the debts and expenses of said town.
General health, * § 4. 'i'o make regulations to secure the general health
of the inhabitants of said town; to declare what shall be
considered a nuisance, and to prevent and remove the same.
Provide water. § 5. To provide the town with water; to sink and
keep in repair wells and pumps in the streets of said town,
for the convenience of the inhabitants thereof.
Sepair streets. § 6. To make sidewalks ; to open, alter, extend, grade,
pave, vacate or otherwise improve and keep in repair the
streets and alleys.
Indecencies. § 7. To prohibit indecent exposure of persons in the
streets, alleys, lanes or elsewhere in said town.
Markets and § 8. To crcct market houses and to establish markets
market houses. ^^]^ market placcs, and to provide regulations for the gov-
ernment thereof.
Public grounds. § 9. To provide for inclosing, improving and regulating
all public grounds which now or may hereafter belong to
said town.
Anctiou3ers, § 1^- To liccnse, tax and regulate auctioneers, hawkers,
brokers, etc. peddlers, brokers, pawn-brokers, exhibitions, shows, and
other amusements : Providtd, that in no case shall the
town council aforesaid grant a license to any person or per-
sons to barter or sell or traffic in intoxicating drinks or
liquors of any kind as a beverage, or license any honse of
ill fame or any species of gambling whatever, within the
said corporate limits or within one mile of the same.
Extinguishment §11- To provide for the prevention and extinguish-
of fires. ment of fires, to organize and regulate fire companies.
Combustibles. §12- To regulate the storage of gunpowder, tar and
other combustible materials.
Census. § 13. To provide for taking enumeration of the inhabi-
tants of said town.
Election of § 14- To rcgulatc the election of town officers, and to
oflicers. provide for the removal of any person holding an office cre-
ated by ordinance.
Compensation § 15. To fix the Compensation of town officers, and to
of officers. reguUitc the fees of jurors, witnesses and others, for services
rendered under this act or any ordinance : Frovlded^ that
each board shall have the right to fix the salary of the next
board, and, also, in no case shall their compensation ex-
ceed the sum of twenty-five dollars per annum each.
HAILEOAD COMPAIJIES — NEW PEIVILEGES. 281
might designate, and the further provision that said bonds
might be paid at the option of said county at any time after
five years' from the date of the same, upon giving six
months' notice thereof to the holders of the same ; and
whereas, such election was held, in pursuance of lawful no-
tices to that effect, and there was cast at said election a law-
ful majority of legal votes in favor of said proposition ; and
whereas, also, by virtue of said last mentioned resolution
of said board of supervisors, there was also submitted to the
qualilied voters of said county, to be voted upon at said last
mentioned election, propositions for a subscription vf one
hundred thousand dollars to the capital stock of the Deca-
tur and East St. Louis Kailroad, a subscription of one hun-
dred thousand dollars to the Pekin, Lincoln and Decatur
liailroad, and a subscription of twenty-live thousand dol-
lars to the Monticello Railroad, tor which said several sub-
scriptions, bonds of like tenor and effect, as aforesaid, were
to be issued, which said several propositions were voted
for at said election, e/i masse., and all received a majority
of all the votes cast ; now, therefore,
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assemhly, That the EiectioDB vaiia.
said several elections are hereby legalized and made valid,
to all intents and purposes, and that any subscriptions
made or hereafter to be made by the lawfully constituted
authorities of said county, and any bonds issued or to be
issued by said authorities, in pursuance of such subscrip-
tion and of the said elections, or either of them, shall be
taken, deemed and held, and are hereby declared to be val-
id and binding, to all intents and purposes whatsoever, any
irregularities in the said elections, the manner of holding
the same or of voting upon said propositions or either of
them to tlie contrary notwithstanding.
§ 2. The several townships in counties where township Towustipsmay
organization has been adopted, lying on or near to the line *^^^^'^°'^'^'
of said railway, are hereby authorized to subscribe to and
take stock in the said Indiana and Illinois Central Railway
Company. Elections may be held in any such township,
upon the question whether such township shall subscribe
for any specified amount of stock of said county, not ex-
ceeding one hundred thousand dollars, whenever a petition
for that purpose shall be presented, as hereinafter speci-
fied.
S 3. Whenever a petition shall be presented to the su- Timeandmac-
pervisor of any such township, signed by at least tweuty^
five legal voters of such township, setting forth the amount
of stock proposed to be taken by such township, and speci-
fying the time for holding such election, it shall be the duty
of such supervisor to give thirty days' notice of the time of
holding such election in such township, which shall be the
same time specified in said petition, and which said notice
Yol. Ill— 36
ner of election.
282 EAILEOAD COMPANIES — NEW PEIVILEGES.
or notices shall be given ia the same manner, and such
election or elections shall be conducted in the same mode,
and at the places provided tor holding general elections in
such townships: at which election or elections the qualified
voters of such townships shall vote " For subscription" or
" A.g:aiust subscription ;" and the returns cf such election
or elections shall be made to the county clerk in the same
manner and within the same time and shall be by him
opened and declared in the same manner as for elections
held for state and county officers ; and if a majority of votes
cast at such election, by voters voting on that subject, shall
be " For subscription," it shall be the duty of the supervi
sor and clerk of such township to subscribe, without unnec-
essary delay, upon the request of said company, for stock
in said company to the amount so voted for, and to issue
and deliver to said company the same amount as the stock
so subscribed of the bonds of such township, payable at any
time and place within the United States, specified, not ex-
ceeding fifteen years from the date thereof, or sooner, at
the option of such township, with interest, by coupons for
the same thereto attached, at a rate not exceeding ten per
Not to make Cent, per annum, payable annually : Provided^ that at any
newiegistei. eif^ctjon held under the provisions of this act at any other
time than the time for holding general elections for state
and county purposes, it shall not be necessary for the board
of registry to make a new register of the several voting
precincts, but the register made of the legal voters at the
last general election held for the election of state or county
officers shall be used : Frovided^ that any legal voter whose
^ name does not appear on said register shall be allowed to
vote in the same manner that unregistered legal voters are
allowed to vote at any general election.
Levy special tax § i. It shall be the duty of the respective authorities of
the several townships which may vote such subscription to
cause to be levied and collected a sutficient special tax on
all the taxable property, both real and personal, in such
township, to pay the interest annually accruing on such
bonds and to liquidate the principal of the same within the
time therein specified. Said tax shall be levied, assessed
and collected by the same officers and in the same manner
as is or shall be provided for the collection of other taxes
under the general revenue laws of this state; and said tax,
wlien collected, shall be paid by the respective collectors to
the county treasurer of the county in which the tax is collec-
compencaUon ted, deducting one per cent, only for collecting the same;
and the said county treasurers shall be, respectively, liable
on their bonds for the faithful application oi said tax to the
payment of the interest and principal of the bonds for
which said tax was levied and collected, and shall receire
theretbr, in full compensation, a commission of one per cent,
only for receiving and paying out said tax.
KAILROAD COMPANIES — NEW PKIVILEGE8. 283
§ 5. The time limited by the laws of this state for the Time of com-
completion of the construction of and putting said road ^f ^^^*'°° "^ '°'''^-
the said Indiana and Illinois Central Railway Compan}'- in
operation is hereby extended until the first day of July, in
the year of our Lord, 1875, prior to which time the said
company shall incur no forfeiture of its franchises by reason
of any failure to complete and put its said road in oper-
ation.
§ 6. This act shall take effect and be in force from and
after its passaoje.
Approved March 27, 1869.
AN ACT to amend the charter of tke Dixon, Peoria and Hannibal Railway lu force March
Company. " 9, 1863.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly, That Act amended.
an act entitled " An act to incorporate the Dixon, Peoria
and Hannibal Railroad Company," approved March 5,
1867, be 60 amended as to authorize the several counties in
which any part of said road may bo hereafter located, to
subscribe or make donations under the provisions of said
act, to the capital stock of said company^ in any amount
not exceeding tv/o hundred thousand dollars for any such
county, and that the townships, cities and incorporated
towns in any such county be and are hereby authorized to
subscribe or make donations, under the provisions of said
act, to the capital stock of said company, in any amount
not exceeding one hundred thousand dollars for any such
township, city or incorporated town.
§ 2. This act shall be in force from and after its pas-
sage.
Approved March 9, 1869.
AN" ACT supplemental to Senate bill No. 18, entitled " An act to incor- In force March
porate the Dixon and Quincy Railroad Company." ^ 1869-
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That sec- see. 5 repealed,
tion five (5) of Senate bill number eighteen (18), entitled
"An act to incorporate the Dixon and Quincy Railroad
Company" be and the same is hereby repealed.
§ 2. This act to be in forcv^ from and after its passage.
Approved March 4, 1869.
284: KAILROAD COMPANIES — NEW PRIVILEGES.
In force March AN ACT supplemental to an act entitled "An act to incorporate the Dixon
31i 1869. and Quiucy Railroad Company."
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That the
Condemnation Dixon and Quincj Eailroad Company may and is hereby
^^ ■ authorized and empowered, by and witli the consent of a
majority of the board of directors of the Warsaw, Rock
Island and Galena Railroad Company, to enter upon, con-
demn and take any part or the whole of the unoccupied
roadbed and grade and its appurtenances condemned or
otherwise acquired and held by the Warsaw, Rock Island
and Galena Railroad Company, to be used and occupied by
the said Dixon and Quincy Railroad Company as the road
way for the construction of its hne of railway : Provided^
that the said Dixon and Quincy Railroad Company shall
not be held liable in law for said roadbed to a greater
amount than the same shall be appraised at under the gen-
eral laws of this state for condemning land, assessing dam-
ages for the right of way.
Authorized to § 2. And the county courts or boards of supervisors of
make »ub»crip- ^■^^ respective counties, on the line of the said Warsaw,
Rock Island and Galena Railroad Company are authorized
and empowered to subscribe to the capital stock of the
Dixon and Quiucy Railroad Company the several amounts
of stock heretofore authorized by the vote of the majority
of the legal voters of said several counties to be subscribed
to the Warsaw, Rock Island and Galena Railroad Compa-
ny : Provided, that the said Dixon and Quincy Railroad
shall be completed in or through the said respective coun-
ties and the cars shall have run thereon before any of the
bonds of any such county shall be issued in payment of any
such subscription to the capital stock of said Dixon and
Quinc}'- Railroad Company.
§ o. This act shall take eQ'ect and be in force from and
after its passage.
Approved March 31, 1869.
1° force April AN ACT to amend an act entitled "An act to incorporate the Dixon and
' • Quincy llailroad Company," approved March 4, 1869.
Section 1. Be it enaoted hy the People of the State of
Illinois, represented in the General AssernUy, That section 7
Act amended, of "An act to incorporate the Dixon and Quincy Railroad
Company," be and the same is hereby amended so as to
increase the first board of directors to thirteen, and that
RAILEOAD COMPANIES — NEW PRIVILEGES. 285
Calvin S. Orth, Abraham B. Sheriff, Joseph P. Wycoff
and Levi A. Ender be added to the tirst board of directors,
and shall hereafter constitute a part of said board, with the
same powers and privileges enjoyed by those already named
in said act.
§ 2. The said board may proceed, under their present coustnictiono
organization, to commence the construction of the Dixon ^°^^
and Quincy Kailroad, or any part of the same, before the
amount limited in the charter has been subscribed, if, in his
judgment, the interests of any portion of the road or the
stockholders in the same would be promoted by it.
§ 3. A majority of the board of directors shall constitute Quorum
a quorum for the transaction of all business.
§ 4. The directors are hereby authorized to vote by Mcde of voting.
proxy in all matters submitted to the board at any meeting
called for the transaction of the business of the company.
§ 5. This act shall be in force from and after its pas-
sage.
ArPKOVED April 91, 1869.
AN ACT to amend an act entitled "An act to incorporate the Elmwood ja force Jane
and Mississippi Railroad Company," approved February 19, 1857. 19, 1S69.
Section 1. £e it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That the Location and
Elmwood and Mississippi Railroad Company are hereby road*'"^*'*''^ °^
authorized and empowered to locate and, from time to time,
to alter, change, relocate, construct, reconstruct, and fully
to finish, perfect, operate and maintain an extension of the
line of road provided for in the charter of said company,
approved February 19, 1857, in a northerly direction, to
the city of Chicago, with the right to connect and consoli-
date with any railroad now built or which may hereafter be
constructed, running into said city. The said company are
hereby authorized and empowered to commence the con-
struction of any portion of said railroad at such place and
places along the line to be selected by said company as may
be deemed most expedient.
§ 2. The several counties in which any part of said road Counties and
may hereafter be located and the several townships, cities s?ock^™^^**^®
and incorporated towns in said counties, are hereby author-
ized to subscribe and take stock in said Elmwood and Mis-
sissippi Railroad Company. Elections may be held in any submitted to
such county, townships, city or town, upon the question ^^='*^^'°*®'^^'
whether such county, township, city or incorporated town
shall subscribe for any specified amount of stock of said com-
pany, not exceeding five hundred thousand dollars for each
286
RAILKOAD OOSIPANIES — NEW PKIVILEGES.
Petition.
ITotlse of •;•':■
Donatleu*.
county and not exceeding one hundred thousand dollars for
each of said townships, cities and towns : Provided, that in
lieu of the subscriptions of stock above named, the said
townships, cities and incorporated towns shall have the
privilege of donating to the said company any sum or sums,
not more than one-half the amount hereinbefore mentioned.
Elections may be held in any such county, township, city or
incorporated town as often as a petition shall be presented,
until such county, township, city or town shall have sub-
scribed for the full amount of stock authorized by this act.
Whenever a petition 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 or
the same proposed to be donated by any such county, and
specifying the time for holding such an election, it shall be
the duty of the county clerk to give thirty days' notice of
the time of holding such election, which shall be the same
time as that specified in such petition ; and whenever a pe-
tition shall be presented to the supervisor of any such town-
ship or to the corporate authorities of any such city or
tov/n, signed by twenty-five legal voters of any such town-
ship, city or town, setting forth the amount of stock pro-
posed to be taken or the sum proposed to be donated, as
the case may be, by any such township, city or town, and
specifying the time for holding such election, it shall be the
duty of the clerk, of any such city, township or town to
give thirty days' notice of the time of holding such an elec-
tion, which shall be the same time as that specified in such
petition ; which said notice or notices shall be given in the
same manner, and such election or elections shall be con-
ducted in the same mode and at the places provided for
holding general elections in such counties, cities, townships
and towns, at which election or elections the qualified voters
of the respective counties, townships, cities and towns shall
vote "For subscription" or "For donation," or "Against
subscription," or "Against donation," as the case may be ;
and if a majority of the votes actually cast at such election
shall be "For subscription," or "For donation," as the case
may be, [it shall be] the duty of the board of supervisors
of every such countv, the supervisor and clerk of every
such township, and the corporate authorities of such town,
to subscribe for stock or donate, as the case may be, without
unnecessary delay, to the amount mentioned in said peti-
tion, and to issue and deliver to the company the said
amount, in the bonds of sucli county, township, city or
town, payable at any time specified, not exceeding twenty
yeai'B iroin date, with interest at a rate !iot exceeding ten
per cent., per annum, pajable annually ; which said bonds
and the interest accruing thereon shall be made payable at
such place within the United States as said company may re-
quest.
EAILKOAD COMPANIES — NEW PRIVILEGES. 287
§ 3. It shall be the duty of the respective authorities Levy special tax
of the several counties, cities, townships and towns which
may vote such subscription, and they are hereby required
to levy and collect a sufficient special tax on all the taxable
property, both real and personal, in such counties, cities,
townships and towns, not exceeding three dollars on every
one hundred dollars' worth of taxable property, to pay the
interest annually accruing on such bonds and to liquidate
the principal of said bonds within the time specified in the
same for their payment. Said tax shall be levied on the as-
sessments made by the assessors of their respective counties,
cities, townships and towns, as provided by the revenue laws
of this state for assessing the property, and shall be extended
on the collectors' books of said county, township, city or
town, as a special road tax, and collected by the respective
collectors of such counties, townships, cities and towns, at Modeofcoiiec-
the same time and in the same manner as provided by law 'ion of taxes.
for collecting state and county tax ; which said tax shall
be paid by the respective collectors to the county treas-
urer of the county in which the tax is collected, deducting
therefrom a commission of two per cent, only for collecting ;
and the said county treasurers shall be, respectively, liable
on their bonds for the faithful application of said tax to the
payment of the interest and the principal of the bonds
for which said tax was levied and collected, and shall
receive therefor, in full compensation, a commission of two
per centum only for paying out said tax. The corporate Rate per cent,
authorities of the respective counties and townships shall of ta^iieyiad,
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 clerk shall extend on the collectors' books for
such counties or townships, as a special railroad tax, at the
rate so specified for each year, in the same manner and
on all the property on which state and county tax is ex-
tended ; and the respective authorities of 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 aud towns: Frovided^ that in case the said authori-
ties for any such county or township shall fail to certify to
such clerk the rate per cent, to be levied for any one year
before the time required by law for said clerk to extend state
and county tax, then the said clerk shall extend said tax at
the rate of one per centum.
Approved March 27, 1869.
288 itAILROAD COMPANIES — NEW PRIVILEGESj
In force June AN ACT to amend an act entitled "An act to incorporate the EI Paso, Pon-
19, 1809. tiac and Kankakee Railway Company."
Section 1. Be it enacted hy the Peoj^le of the State of
Illinois^ represented in the Genei'al Assembly y That section
Sec 1 amended, one of Said act be so amended as to strike out the words
"three years and shall complete the same within ten years"
and insert " five years and shall complete the same within
fifteen years ;" that section ten of said act ,be so amended
to strike out the words " but no such vote shall be taken
unless at a regular election for town and county officers ;"
that section eleven of said act be so amended as to strike
out the word "annually" and insert "semi-annually."
Appeoved February 19, 1869.
la force March AN" ACT to amend an act entitled " An act to incorporate the El Paso,
10, 1869. Pontiao and Kankakee Railway Company. "
Section 1, Be it enacted hy the People of the State of
Illinois^ 7'epresented in the General Assembly^ That the
Amendment charter of the El Paso, Pontiac and Kankakee Railway
of charter. Company, approved March 6th, 1867, be and the same is
hereby so amended as to allow said company the right to
extend their line of railroad from Kankakee, the present
terminus thereof, thence, eastwardly, to a point hereafter
to be determined by the incorporators of said company, on
the boundary line of the state of Illinois.
§ 2. This act shall be deemed a public act, and shall
be in force from and after its passage.
Approved March 10, 1869.
In force Juuo ^^" ACT to amend an act entitled " An act to incorporate the Fairbury,
19, 1S(J9. Pontiac and Northwestern Railway Company."
Section 1. Be it enacted by the People of the State of
Illinois^ represented in the General Assembly^ That the
Sec. 1 amended. Fairbury, Poutiac and Northwestern Railway Company
shall be allowed four years from and after the passage of
this act to commence the construction of said road ana ten
years in which to complete the same.
iBec. 11 amended § 2. That section eleven of said act be so amended as
to strike out fche words "but no such vote shall bo taken
unless at a regular election for town and county officers." •
KAILROAD COMPANIES — NEW PKIVILEGES. 2b9
§ 3. That said company shall be allowed to run the lino May chaugc
of their road northwardly, from some feasible point on the '■°"''-''^' '■"''^'•
line of the Ottawa, Oswego and Fox liiver Valley Eail-
road, to connect with any railroad running into the city of
Chicago, at such point as may be determined upon by the
said company; and said company shall also have the right
to run southwardly from Pontiac, mentioned in said act, to
a feasible point on the line of any railroad running east
and west, through Central or Southern Illinois for inter-
section therewith, to be determined by said company.
§ 4. The said company shall be allowed to commence Mavbegiuroad
the construction of the said road at or near Pontiac, men- atPouuac.
tioned in said act, or at any other point on the line of said
road, that may be determined utdou by said company.
Appeoyed March 29, 1869.
AN ACT to amend an act entitled "An act to incorporate tlie Fairbur?;, I^ force March
Pontiac and Northwestern Railway Company." " '
Section 1, Be it enacted hj the People of the State of
Illinois^ represented in the General Assembly^ That section see. 2 amended.
one of said act be so amended as to strike out the words
"said company shall commence the construction of said
road in good faith within three years, and shall complete
the same within ten years," and insert " said company shall
commence the construction of said road in good faith at
Pontiac, or some other point on the line of said road, with
in six years, and shall complete the same within ten years."
§ 2. That section eleven of said act be so amended as
to strike .out the words "but no such vote shall be taken
unless at a regular election for town and county officers."
Approved March 10, 1809.
AN ACT to amend an act entitled " An act to incorporate the Foreston in force March
and Chicago Railroad Company," approved February 26, 18G7. 23, ISOii.
Section 1. Be it enacted by the People of the State of
Illinois^ represented in the General Assembly, That section scc. 2 amended
2 of an act entitled " An act to incorporate the Foreston
and Chicago Kailroad Company," approved February 26,
1S67, be 60 amended that said railroad shall be located from
the point of crossing of Rock river, designated in said act,
in a direct line, as near as may be, to the'town of Sycamore,
Vol.IU~37
290 RAILROAD COMPAOTES — NEW PRIVILEGES,
in De Kalb county ; thence to St. Charles, in Kane county,
and thence to Chicago, upon the most eligible route.
§ 2. This act shall be deemed a public act, and be in
force from and after its passage.
Approved March 29, 1869.
In force April AN ACT to amend an act entitled "An act to incorporate the Foreston
19, 1869. and Chicago Railroad Company," approved February 26, ISBT, and the
act amendatory thereof, approved March 29th, A. D. 1869.
Section 1. Be it enacted hy the People of the State
of Illinois, represented in the General Assembly, That the
^ X .. . several counties, cities, incorporated towns and the several
ro»d, tax to aid. townships m countics having township organization,
through or near which the said Foreston and Chicago Rail-
road shall be located, are hereby authorized to raise money,
by a tax to be levied upon all the real and personal pro-
perty in said several counties, cities, incorporated towns
and townships, and to subscribe the same to the capital
stock of said corporation, for the purpose oi aiding in the
intsrett bonds, construction and completion of said raih'oad; and the said
several counties, cities, incorporated towns and townships,
as aforesaid, are further authorized to issue bonds, drawing
interest at a rate not exceeding ten per cent, per annum,
which said bonds shall be negotiable and payable in the
city of New York, in not less than one nor more than
twenty years after the date of the same : Provided, that no '
subscription shall be made or no tax shall be levied until
the same shall be voted for, as hereinafter provided.
§ 2. Whenever twenty-tive voters of any such county,
city, towu or township shall make a written application to
the county clerk of such county, or twenty-five voters of
any such city, town or township shall make such applica-
tion to the clerk thereof, requiring an election by the legal
voters of sucii county, city, town or township, to determine
whetlier such subscription shall be made, and such tax
levied, specifying in such application the amount, such
NotiMof eiec- clcrk shall tile such application in his office, and immedi-
""»• ately give the notices, as required by law, for an election
to be held by the legal voters of such county, city or town
or township, at the usual places for holding elections ; such
notices to be given at least thirty days prior to such elec-
tion; and such election shall be held and conducted in all
respects and the return thereof made as in case of annual
elections.
iMue bonds. § 3. If the majority of the voters voting at such elec-
tion shall be in iavor of subscription and tax for the pay-
Sabmltted
egal voteri.
EAILBOAD COMPANIES — NEW PJSIVILEGE8. ^91
ment thereof, then Buch county, city, town or township, by
its proper corporate authority, shall levy such tax and sub-
scribe to such corporation the amount determined or voted
for at such election, and shall issue to said corporation their
bonds for such amount, drawing interest at a rate not ex-
ceeding ten per cent, per annum, and payable in not less
than one nor more than twenty years from the date of the
same. The eaid bonds, when issued, are to be irrevocable
and negotiable and payable as provided in section one as
aforesaid.
§ 4. If liny county, city, town or township shall sub- Bonds in pay-
scribe to said capital stock under the provisions of this act, ^riptiona.
and shall issue their bonds, said bonds shall be in full pay-
ment of their subscriptions and the supervisors of said
townships or county court of such county and the corpo-
rate authority of such city or town shall, annually, ap-
point soxne suitable person to represent and vote upon the
stock so subscribed and levied, as aforesaid.
§ 5. This act shall be in force from and after its passage.
Approved April 19, 1869.
AN" ACT to amend an act entitled " An act to incorporate the Galeaburg la force March
and Rock Island Railroad Company," approved February ISth, 1S51. 26, 18ti9.
Section 1. JBe it enacted by the People of the State of
Illinois^ Tejpresented in the General Assembly^ That the Organizatiou.
persons named in the act to incorporate the Galesburg and
-Kock Island Eailroad Company, approved February 18th,
1857, or a majority of them, shall be authorized, at any
time within two years after the passage of this act, to meet
and organize as was contemplated in said act ; that such
directors may till the place of all persons named as direc-
tors, who shall fail to meet for the purpose of organization,
or shall decline to act, and that the rights and privileges of
said company shall not be impaired by lapse of time since
the passage of said act.
§ 2. It shall be lawful for the counties of Rock Island, counties may
Henry, Mercer and Knox, and for the several cities, incor- **'''*^°'^^-
porated towns, and towns organized under township organ-
ization law, in said counties, to subscribe to the capital
stock of said company, in the same manner and with like
effect as is provided for counties, cities, incorporated towns
or towns organized under township organization law, to
subscribe to the capital stock of the Peoria and Rock Island
Railroad Company, in the act incorporating said Peoria and
Rock Island Railroad Company, approved March 7th,
292 KAILKOAD OOMrANIES — NEW PKIVILEaES.
186Y : Frovided, thirty days' notice shall be given of every
election.
§ 3. This act shall be a public act, and shall take
efiect and be in force from and after its passage.
ArpROVED March 26, 1869.
In force Marcli ^^J ^q^ j-q amend an act entitled '"An act to incorporate the Oilman,
' ■ Clinton and Springfield Railroad Company," approved March 4tb, 18(57.
Section 1. Be it enacted by the People of the State of
Illinois^ represented in the General Assembly, That tbe
Act amended, words "onc hundred thousand dollars," in the tenth line
from the top, of section 4, of said act, be made to read
thirty thousand dollars.
Capital stock. § 2. To further aid in the construction of said railroad,
by said company, any county, city, incorporated town or
township in counties acting under township organization
law, along or near the line of said road, may subscribe to
the capital stock of said company, not exceeding two
hundred thousand dollars.
Submitted to § 3. No such Subscription shall be made until the ques-
legai voters. ^j^^ j^^g \)QQ\\ Submitted to the legal voters of such county,
city, incorporated town or township, in which the subscrip-
tion is proposed to be made ; and the clerk of said county,
city, incorporated town or township is hereby required, up-
on the presentation of a petition, signed by at least ten cit-
izens, who are legal voters and tax-payers of such county,
city, incorporated town or township for-which he is clerk,
and in which petition the amount proposed to be subscribed
shall be stated, to post up notices in at least three public
places in such count}', city, incorporated town or township,
which notice shall be posted not less than thirty days be-
fore the day of holding such election, notifying the legal
voters of such county, city, incorporated town or township
to meet at the usual place of holding elections, in such
county, city, incorporated town or township, or some other
convenient place named in such notice, for the purpose of
voting for or against said subscription : Provided, that
where elections may have already been held and a majority
of the legal voters of any county, city, incorporated town
or township were in lavor of a subscription to said railroad,
then and in that case no other election need be had, and
the amount so voted for shall be subscribed as in this act
provided, and such elections are hereby declared to be le-
gal and valid as though this act had been in force at the
time thereof and all the provisions hereof bad been com-
plied with.
KAILKOAD COMPANIES — NEW PRIVILEGES. 293
§ 4. If it shall appear that a majority of the legal voters who may take
of such counties, cities, iiicorporated towns or townships,
voting at such election, have voted for the subscription, it
shall be the duty of the county clerk or the chairman of the
board of supervisors of such county, as tho case may be,
the mayor and clerk of a city, the president and trustee of
an incorporated town, or the supervisors in townships, to
subscribe to the capital stock of said railroad company, in
the name of such county, city, incorporated town or town- ^
ship, the amount so voted to be subscribed, and to receive
from such company the proper certificate thereof. They Execnto bonds,
shall, also, execute to such company, in the name of such
county, city, incorporated town or township, bonds, bear-
ing interest not to exceed ten per cent., per annum ; which
bonds shall run for a term of not more than twenty years,
and the interest on the same shall be made payable annu-
ally, and which bonds shall be signed by the judge of the
county court or chairman of the board of supervisors, as
the case may be, and by the county clerk, attested with his
official seal and countersigned by the treasurer, by the
mayor and city clerk of a city, by the president and clerk
of the board of trustees of an incorporated town, or the
supervisor and clerk of a township ; and it shall be the du- Eecord orbontis
ty of the parties so signing said bonds to make a record of
the issuing of the same. Said bonds shall be delivered to
the president or clerk of said company, for the use of said
company ; and when any county, city, incorporated town
or township shall hereafter vote to make subscription, as
aforesaid, the county judge or chairman of the board of
supervisors, as the case may be, president of the board fof
trustees or supervisor shall be required to subscribe to
the capital stock of said company the amount so voted
§ 5. It shall be the duty of the clerk of any such coun- DutyofGierks.-
ty, city, incorporated town or township in which a vote
shall be given in favor of subscription, within ten days
thereafter, to transmit to the clerk of their respective coun-
ties a transcript or statement of the vote given, and the
amount so voted to be subscribed and the rate of interest to
be paid : Provided, that where elections have been held,
^ as aforesaid, it shall be the duty of the clerks to file with
g^ the county clerks of their respective counties, within ten
days after the issuing of said bonds, certificates of the votes
of their cities, incorporated towns or townships, the amount
of stock voted to be subscribed, the amount of bonds is-
sued, and the rate of interest payable thereon.
§ 6. It shall be the duty of such county clerk, city special tax to
clerk, clerk of the board of trustees of incorporated towns, ^^i*^™*^-
or clerk of township, as the case may be, annually after the
execution and delivery of suchbonds, as aforesaid, to com-
pute and assess upon all taxable property returned by the
294 RAILROAD COMPANIES— NEW PRIVILEGES*
assessor of such county, city, incorporated town or town-
ship a sum sufficient to pay the interest and costs of collec*
tion and disbursements upon all bonds so issued by the
respective counties, cities, incorporated towns and townships;
which taxes shall be extended on the collector's books as
other taxes are, and collected in the same manner that oth-
er taxes are collected, and, when collected, shall be paid to
the treasurer of the county ; and such county, city, incor-
porated town or township may, when providing for the
levying and collecting of other taxes, also assess on the
property of such county, city, incorporated town or town-
Rate of taxation ship any rate, not exceeding three per cent, in any one
3'ear upon the assessment, to provide a fund for the re-
demption of the principal of such bonds as or when they
become due. Said tax to be levied and collected as other
taxes are, and paid to the county treasurer, but no tax shall
be computed, assessed or collected or any interest paid to
be applied upon such bonds, unless such bonds have been
executed and delivered.
Manner of § '^- -^H clectious had Under or by virtue of this act,
conductiDg eiec- ghall be taken and held to be sreneral elections, and con-
tions
ducted in the manner as provided by the laws of this state
for general elections ; and all illegal voting, false swearing
or frauds done or committed shall be governed and pun-
ished as provided for by the laws of this state in force at
the time of such election.
Duties of the § 8. It shall be the duty of the county treasurer to pay
•ounty treasurer q^jj.^ q,^ (-j^g presentation to him of the bonds issued by any
such county, city, incorporated town or township, afore-
said, the amount due upon such bonds for interest, and al-
so for principal where any tax shall be assessed and col-
lected to pay principal, out of any money in. his hands for
that purpose, and indorse such payment of interest or prin-
cipal upon the bonds; and when such bonds shall be re-
deemed or paid, he shall receive and cancel the same and
return the same to the said county clerk or the chairman of
the board of supervisors of such county, as the case may
be, to the mayor and clerk of any cit}'-, to the president
and trustees of any incorporated town, or to the supervisor
of any township, who shall destroy the same in the
presence of the said treasurer, who shall make a record of
tlie said transaction. The collectors and treasurers of
counties, cities, incorporated towns or townships, which
stibscribe to the said capital stock, shall receive the same
per centage for receiving and disbursing such funds as they
now receive in collecting and disbursing the school fund.
f„„^ §9. At all elections for officers, and in all questions voted
Represent ana '^ i i i i l- ■ -i i ^
cast vote. on by the stockholders ot said company, the county court or
chaii man of the board of supervisors of such county, as the
case may be, the mayor and clerk of any city, the president
and trustees of any incorporated town or the super visor of any
RAILROAD COMPANIES — NEW PEIVILEGES. 295
township, which shall have subscribed to said stock, shall re-
present and cast the vote which said stock is entitled to cast,
unless said county, ' city, incorporated town or township
shall appoint some other person to perform said duty.
§ 10, This act shall be deemed /i public act, and shall
be in force and take effect from and after its passage.
Approved March 10, 1869.
AN ACT to amend an act entitled "An act to amend an act to incjrporate in force April
the Oilman, Clinton and Springfield Kailroad Company." 19, 1869.
Section 1. Be it enacted, hy the People of the State of
Illinois, represented in the ^General Assembly, That the act conatructionof
and amendment to which this is an amendment shall be so ^^ '
construed as to authorize counties, cities, incorporated
towns and townships to donate, by a vote of the majority
of the le^al voters of such county, city, incorporated town
or township, the amount of stock which said county, city,
town or township shall subscribe or may have subscribed
to said railroad company.
§ 2. That, for the purpose of carrying out the object of submitted to
this amendment, elections may be held in the same manner ^°^ '»'°ters.
and by the same authority as by law is now provided for
the purpose of voting stock to said railroad company ; and
whenever a majority of the legal voters, voting at any
election, shall vote to donate the stock subscribed to said
railroad company, said election having been called or ad-
vertised in the manner now prescribed by the act and
amendment to which this is an amendment, then and in
that case the county court, the chairman of the board of
supervisors, the mayor and clerk of any city, the president
and trustees of incorporated towns, and supervisors of
townships, whenever such vote shall have been cast, shall
transfer to said railroad company the stock so subscribed by
them.
§ 3. This act shall bo deemed a public act^ and shall
take effect from and after its passage.
Approved April 19, 1869.
296 RAILROAD COMPANIES NEW PRIVILEGES.
in for. c April AN ACT to amend the charter of the Grafton and Alton Eailroad Com-
9, 1869. pany, approved March 7, 18G7.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That the
Increase of Grafton and Alton Eailroad Company be and are hereby
directors. authorized and empowered to increase the number of direc-
tors, whenever they may deem it advantageous to the inter-
est of the company, by a majority of the stockholders pres-
ent at any election of directors voting for the same.
Increase capi- § 2. The Capital stock of Said company may be increased,
from timxC to time, at the pleasure of said company ; which
shall be deemed personal property, and be issued and
transferred in such manner and upon such conditions as the
board of directors may direct.
Preferred slock. § 3. The Said Corporation are hereby authorized to
make and issue preferred stock, guaranteeing such a rate of
interest, not exceeding eight per cent, per annum, or with
such priority over the remaining stock of such corporation,
in the payment of dividends, as the directors of said corpo-
ration may determine.
oeuerai powers § 4. The Said Corporation may construct their road on
or across any stream of water or water course, road or
highwa}^, railroad or street, levee or alley, in any city or
town winch the route of its road shall intersect ; but the
corporation shall restore the stream or water course, road or
highway, railroad or street, levee or alley, thus intersected,
to its former state or in a suiiicient [manner] not to have
materially impaired its usefulness : Provided^ the said com-
pany shall not construct its railroad, on or along any street,
levee or alley in any city or incorporated town, without the
consent of the corporate authorities of such city or town.
Whenever the route of said railroad shall intersect any road
or highway, railroad, street, levee or alley, the said corpo-
ration shall have power to change the line or grade of same,
if such change be desirable, and shall not impair their use-
fulness ; and said corporation may take such additional
lands or real estate, for the construction of such road, high-
way, railroad, street, levee or alley, or water course, as may
Compensation be deemed requisite by said corporation. Unless the lands
for landiaken.i gQ taken shall be voluntarily given, compensation therefor
shall be ascertained in the manner as provided by the gen-
eral laws now in force or which may hereafter be in force
providing for the condemnation of lands for purposes of
internal improvement, and duly made by said corporation
to the owner or persons interested in such lands, the same,
when so taken, to become part of such intersecting road,
highway, railroad, street or alley or water course, in such
manner and by such time as the adjacent parts of the satue
RAILROAD COMPANIES — NEW PRIVILEGES. 297
highway, raih'oad, road, street or alley may be held for
highway or other purposes.
§ 5. That in all proceedings had or hereafter to be had condemn land
for right of way or condemnation of real estate, for any pur- fo^is^^toi way
pose,"to the use of said railroad company, shall proceed in -
accordance with the general laws now in force or which
may hereafter be in force providing for the condemnation
of lands for purposes of internal improvement.
*$ 6. The said corporation are hereby further authorized May receive
'^ . , r ,. 1 ,. -f i .1 -i. 1 gifts, etc.
to receive any subscriptions, donations or gitts to the capital
stock of said company, either in money, lands, labor,
materials, cars, locomotives or other articles, personal or
real, adapted to the construction or operation of said rail-
road, or any property that, in the opinion of the board of
directors, may be exchanged or converted to such use ; and
upon receiving full payment, in manner aforesaid, of any
such subscription of stock, may issue to such subscriber or
subscribers certificates of stock therefor.
§ 7. The several counties in which any part of said rail- .J°^.",t^ .Hi
road has or may hereaiter be located or that may lie on or stock.
near the line of said road, and the several townships in said
counties which have adopted or may hereafter adopt town-
ship organization, and the cities and incorporated, towns in
said counties, are hereby authorized to subscribe and take
stock in said company.
§ 8. "VVhoiicver a petition shall be presented to the Kequest foran
county court, signed by fifty legal voters of any such '^1®'^"°°-
county, setting forth the amount of stock proposed to be
taken by any such county, and specifying the time for hold-
ing such an election, the county court may order the clerk
of such county to give thirty 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 supervisor of any such township, or to the
corporate authorities of any such town or city, signed by
twenty-five 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 election, it shall be the duty of the super-
visor of every such township, and the duty of the corporate Notice of eiee-
authorities of every such city or town, to give thirty 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 notices shall be given in the
same manner and such election or elections shall be con-
ducted 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 qualified voters submitted to
of the respective counties, township, cities and towns shall issai^o'"^''^-
vote "For subscription" or "Against subscription ;" and the
returns of such election or elections shall be made to the
Yol. III~38
298 EAILROAD COMPANIES — NEW PRIVILEGES.
county clerk in the same manner and within the same time,
and shall be by him opened and declared in the same man-
ner as for elections held for state and county officers ; and
if a majority of the votes cast at such election, by voters
" voting on that subject, shall be "For subscription" it shall
be the duty of the county court or board of supervisors of
every county, the supervisor and clerk of such townships,
and the corporate authorities of such city or town, to sub-
scribe, without unnecessary delay, upon the request of said
company, for stock in said company to the amount so voted
for, and to issue and deliver to said company the same
amount as the stock so subscribed of the bonds of such
county, township, city or town, as the case may be, payable
at any time specified, not exceeding twenty years from
date, or sooner, at the option of the county, township, city or
town issuing the same, with interest, by coupons attached
for the same, at a rate not exceeding ten per cent, per an-
num, payable annually ; which said bonds and interest ac-
cruing thereon shall be made payable at such place within
Repifiratiou. the United States as said company may request: Provided,
that at any election held under the provisions of this act at
any other time than the time for holding general elections
for state or county purposes, it shall not be necessary for the
several boards of registry to n^ke a new register of the
several voting precincts, but the register made of the legal
voters at the last general election held for the election of
state or county othcers may be used : Provided, that any
legal voter whose name does not appear on said register
shall be received and taken in the same manner that un-
registered legal voters' votes are received at any general
election.
May levy tax. | 9^ jt gj^all be the duty of the respective authorities of the
several counties, townships, cities and towns, which may vote
such subscription, and they are hereby required to levy and
collect a suthcient special tax on all the taxable property, both
real and personal, in such counties, townships, cities and
towns, to pay the interest annually accruing on such bonds
[<nd to liquidate the principal of said bonds within the time
specified in the same for their payment ; and this provis-
ion shall apply as well to any vote taken by any county,
township, city or town on the line of said railroad, for tak-
ing stock in the same previous to the passage of this act, as
for stock taken under tJie provisions of this act. Said tax
shall be levied on the assessments made by the assessors of
their i-espective counties, townships, cities and towns as
provided by the revenue laws of this state for assessing
property, and shall bo extended on the collector's books of
such county, township, city or town, as a special railroad
tax, and collected by the respective collectors of such coun-
ties, townships, cities and towns at the same time and in
the same manner as provided by law for collecting state and
RAILROAD COMPAJSIES NEW PRIVILEGES. 299
county tax ; wliich said tax Bball be paid by the respective
collectors to the county treasurer of tbe county in which
the tax is collected, deducting therefrom one per cent, only
for collecting ; and the said county treasurers shall be, Liability of
respectively, liable on their bonds for the faithful applica- t'^eas^i'^^'''-
tion of said fax to the payment of the interest and principal
of the bonds for which said tax was levied and collected to
pay, and sbali receive therefor, in full compensation, a com-
mission of one per cent, only for receiving and paying out
said tax. The corporate authorities of the respective coun-
ties 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 clerk shall extend Duties of the
on the collectors' books for such county or township, as a coanty clerk,
special railroad tax, at the rate so certiiiedfor each year, in
the same manner and on all the property on which state
and county tax is extended, and shall receive the same pay
therefor as for like services for state and county purposes ;
and the respective authorities of such cities and tov/ns shall,
levy and collect such special railroad tax in the same man-
ner as other tax is levied and collected in and for such
cities and towns : Frovided., that in case the said authori-
ties for any such county, townsliips, city or incorporated
town shall fail to certify to such clerk the rate per cent, to
be levied for any year before the time required by law for
said clerk to extend state and county tax or shall certify to
a less amount than will pay the same, then the said county
clerk shall extend such tax as will pay the interest and
principal due for such year on all such bonds so issued by
the respective counties, townships, cities and incorporated
tcnvns.
§10. The Grafton and Alton Railroad Company shall Extend road.
have full power and authority to extend the railroad au-
thorized by the act of their incorporation to any point on
the Mississippi river or to any other line of railroad now
constructed, under construction, or which may be hereafter
constructed, and shall retain and possess the same rights
and powers, subject to the same conditions and restrictions,
and enjoy all the rights, privileges, franchises and immuni-
ties, with respect to every part of the said road, as the same
may be extended, as aforesaid.
§ 11. It shall be lawful for the directors of the said com- stock subscnp-
pany to make calls upon the sums subscribed to the capital
stock of said company at such times and in such amounts Payment of in-
as they shall deem tit; and in case of a failure on the part ^'^■'"°^^°'^-
of any stockholder to make the payment of anj' call, made
as aforesaid, by said directors, for the period of sixty days
after the same shall have become due, then the said direc-
tors are hereby authorized to declare said stock in arrears
and all sums previously paid thereon forfeited to the com-
pany, or said directors may enforce payment of the whole
300
Eights
privileges.
RAILROAD COMPANIES — NEW PRIVILEGES.
amount subscribed by any stockholder by suit, as provided
by law.
and § 12. The corporate rights, privileges and franchises of
said company, as granted, are hereby declared to be in full
force and effect, and shall be liberally construed for all pur-
poses sought to be obtained.
§ 13. This act to take effect and be in force from and
after its passage.
Approved April 9, 1869.
In force March AN AQT relating to the charter of the Grayville and Mattoon Railroad
2T, 1869. Company.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assernhlij^ That any
Act revived, 'and all parts and portions of the charter of the Grayville
and Mattoon Railroad Company, granted by the general
assembly of this state at its session of 1857, and amended
at its session of 186Y, that may have become nugatory and
non-operative, by non-compliance of [with] said charter or
other cause, be and the same are hereby re-enacted and
made operative, with full force and efiect ; and all acts of
the officers of said company, and of those persons who
have acted in the capacity and assumed the powers of presi-
dent and directors of said company, since the period of
January first, in the year one thousand eight hundred and
Acts legalized, sixty-elght, be and the same are hereby legalized and estab-
lished as fully as though all the provisions of the original
charter and the amendments thereto had been strictly fol-
lowed and complied with — the object being to cure any
defect that, by oversight, non-action or other cause, may
have attached to said charter, or the appointment of officers
of said corporation, or the acts of said oflicer.', since the
year one thousand eight hundred and sixty-seven, as afore-
said.
§ 2. This act to be in full force from and after its pas-
sage.
Approved March 27, 1869.
KAILROAD COMPANIES — NEW PRIVILEGES. 301
AN ACT to amend an act entitled "An act to incorporate the Hamilton, in force March
Lacon and Eastern Railroad Company," approved March 1, 1867. •">> l^C'J.
Section 1. J3e it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That the Extension.
Hamilton, Lacon and Eastern Kailroad Company is hereby
antliorized to extend its road to the city of Chicago, and
may construct a branch from any place on the main line of
its road, east of the Illinois river, to the state line, at any
point in Kankakee county. Said company may commence
the construction of its road at any point or points it may
be best or convenient to do, and complete and operate any
part or portion desired.
§ 2. Said company shall have the power to contract for May possess
and purchase the real estate, the right of way, the road- ''^'^^ ?^'^''^-
bed, the embankments, the grading, the depot grounds,
and any other rights, privileges, easements, franchises and
other property pertaining [to] and useful for railroad pur-
poses, from the American Central Railway Company, which
lies in the counties of Livingston, LaSalle and Marshall,
and receive the proper conveyance therefor.
§ 3. Said Hamilton, Lacon and Eastern Railroad Com- Lease or sen
pany is hereby authorized and empowered to sell and con- "^" °^ ^'^^'"
vey, to mortgage, to lease for a term of years, or lease
perpetually, its road, road-bed, tracks and appurtenances,
or any part or section of the same ; also, its rights of way,
real estate, grounds, grades, embankments, rights, privi-
leges, easements, franchises and other property, real and
personal, pertaining to and useful for railroad purposes, in
the counties of Livingston, LaSalle and Marshall, to the
Chicago and Alton Railroad Company.
§ 4. Said Hamilton, Lacon and Eastern Railroad Com- Preferredeto ck
pany is hereby authorized to issue and sell preferred stock
to the amount of two millions of dollars, in shares of one
hundred dollars each.
§ 5. All persons holding the bonds of said company, vote of the
issued for money borrowed or for iron purchased, shall be stockholders.
entitled to one vote for each one thousand dollars owned,
at all elections for directors of the company.
§ 6. Said railroad company shall transport firewood f;f/"t!.ansDS
and fuel of every description over its railroad, whenever tion.
the same shall be offered for transportation, at rates as low
as the rates said company shall charge for the transporta-
tion of other freights of a similar class.
§ 7. The right of way for said railroad shall be acquired Right of way.
in the manner provided by the general laws now in force,
or which may hereafter be in force, providing for the con-
demnation of lands for purposes of internal improvements.
Approved March 5, 1869.
302
KAILEOAD OOMPANIBS — NEW, PRITILEGB8.
In force April AN ACT supplemental to certain acts of the 26th General Assembly, relat-
17, 1S69. ing to the Hamilton, Lacon and Eastern Railroad Company, and to legal-
ize the organization of said company, and to confirm the subscriptions to
the capital stock thereof.
Capital stock.
Issue l)ondg.
Section 1. Be it enacted by the People of the State of
Illinois^ represented in the Q-eneral Assembly^ That the
siectionof di- election by the stockholders of directors of the Hamilton,
'^^°^^' Lacon and Eastern Eailroad Company is hereby legalized
and confirmed, and the ofiicers chosen by said directors are
hereby declared to be the legally constituted officers of said
company until their successors are duly elected. And said
company shall be held and recognized by all courts and
tribunals to be a legally constituted and existing body
politic and corporate.
§ 2, And be it further enacted^ that the subscriptions
made to the capital stock of said company by the township
of Roberts, in Marshall county, for thirty thousand dollars,
and by the tovrnship of Hopewell, in said county, for fifteen
thousand dollars, and the several subscriptions heretofore
severally made by the townships of Reading, Long Point,
Newton and Suubury, in Livingston county, be each legal-
ized, and are hereby made valid and binding, according to
the terms thereof; and the several supervisors of said
townships shall issue, in due form, the bonds of their re-
spective townships tor the amount of stock subscribed for,
according to the terms and conditions of said subscription,
and shall deliver said bonds to said railroad company.
And in case of the inability, failure or refusal of such su-
pervisors, or any of them, to so issue and deliver said bonds
of their respective tov/nsbips, then Christopher Broaddus
is hereby appointed for and authorized, o:i the behalf of
said Roberts township, Enoch Sawyer on behalf of said
Hopewell township, Orrison Shackelton en behalf of said
Reading township, Thomas Mills on behalf of said Long
Point township, 1). Mcintosh on behalf of said Newton
township, and H. H. Brower on behalf of said Sunbury
township, to issue and deliver said bonds of said respective
townships, according to the terms of said subscriptions:
Provided, that the bonds of the townships in Livingston
county shall not be issued until said company shall estab-
lish its road through said county, upon the line located by
the American [Central] Railway Company, being the same
line located by the Western Air Lino Railroad Company.
§ 3. All subscriptions made to the capital stock of said
company, by persons or by townships, before the election
of directors, are hereby legalized and confirmed, and made
valid and binding, under its original charter.
§ 4. This shall be deemed a public act, and be in force
from and after its passage.
Appeoved April 17, 1869.
Subscriptions
confirmed.
RAILEOAD COMPANIES — NEW PRIVILEGES. 303
AN ACT to amend an act entitled "An act to incorporate the Havana, Lin- in force March
coin and Champaign Railroad Company," approved Mareh 9, 1867, and 2T, 1809. _
change the name of the corporation.
Section 1. Be it enacted hy the Feople of the State of
JUinois, represented in the General Assembly, That section Act ameuded.
first of the act to which this is an amendment be so amended
that, instead of the corporators therein named, the follow-
ing persons, to wit: Lyman Lacy and James II. Hale, of Adciitionaiin-
Havana, Augustus Green and Henry T. Strawn, of Mason <^°'-P°^^tor3.
City, Robert B. Latham and Silas Beasou, of Lincoln,
and Thomas Snell, of Clinton, and their successors in
office, are created a body corporate and politic, as pro-
vided for in said section ; and that the style and name of
the said corporation be changed to "The Havana, Mason
City, Lincoln and Eastern Railway Company ; " and, under
that name and style, said company shall be vested with all
the powers provided for in said section one, and granted to
the company therein named, with the exclusive right to fix
the rate of fare and tolls to be charged on said road.
§ 2. That section number two of said act be amended, see. 2 amended.
by striking out the words "five milHon of dollars," and
inserting after the words " not exceeding," " any sum
necessary to carry out the provisions of this charter,"
'§ 3. The corporation hereby created shall have power locate and con-
to locate, construct, furnish, maintain and operate a rail-
road, with one or more tracks, commencing at some point
on the Mississippi river, so as to connect with some road
in Iowa or Missouri; thence, running eastwardly, to Ha-
vana, Mason county, Illinois, omitting Ipava, if necessary ;
thence to Mason City, in Mason county ; thence to Lincoln, ^°"^® °^ '■™^-
in Logan county, Illinois; thence to Clinton, in DeWitt
[county ;] thence, eastwardly, to the east line of the state
of Illinois, so as to make an advantageous and convenient
connection with some road having connections with Is^ew
York City, with the privilege of connecting with any road
east of Clinton, and short of the Gtate line, that, in the
opinion of a majority of the directors, shall accomplish the
desired object, and with all the necessary side tracks, turn-
outs, switches, depots, stations, and all necessary buildings,
erections and structures ; and, for this purpose, they are Powers
hereby vested with all the powers necessary for purchasing,
taking, holding, and selling and transferring property, real,
personal and mixed, as natural persons, as the board of
directors may deem necessary to carry out the objects of
this act.
§ 4. That section number five of the act to which this sec, 5 amended,
is an amendment be amended by adding to the end of the
Baid section this provision : "And the company shall have
power to construct such collateral branches from the main
304 KAILROAD OOMPAl^IES — ^NEW PEIVILEGE8.
line as the directors may deem advantageous to the said
main line."
■Request for an § 0. That when it shall be desired to take a vote in any
eiectioB. countj through which a proposed road runs, or any town
or municipal corporation, it shall be lawful for the county
clerk of any such county, and it is hereby made his duty,
to call an election, upon the petition of two hundred legal
voters of said county, or, if it is desired that any town or
municipal corporation ehall take stock, upon the petition of
thirty legal voters of such town or municipal corporation,
setting forth the amount proposed to be subscribed, the
lengtli of time the bonds shall run, and the rate of interest
they shall draw, and any other condition which may be
thought necessary for the mutual safety and advantage of
the county, town or municipal corporation through which
Notice of eiec- Said road runs, and the said railroad; and within ten days
**°°' after the reception of any such petition, the said county
clerk shall give not less than thirty days' notice of said
election, stating in said notice the proposition, as made in
said petition, and give notice in the mode which now is or
hereafter may be provided for by law in cases of elections
Mannev of vo- of county .officers. The said elections shall be conducted
during e!ec- in the manner as is now or may be hereafter provided for by
'^'°°®- law. The tickets may be written or printed, "For sub-
scription," or "Against subscription," as the case may be;
and if a majority of the legal voters of any such county,
town or municipal corporation voting at such election shall
be cast in favor of subscription, then it shall be deemed
and held that said county, town or municipal corporation
has taken the stock in said railroad company, according
to the proposals made in said petition to said clerk.
County may § 6. That, when any county shall have subscribed to
issue bonds. j-j^g capital stock of said railroad company, as provided for
in section live of this act, said county shall issue its bonds
to said company, running not longer than twenty years,
nor drawing to exceed ten per cent, interest, with interest
payable annually.
Money expeu- § 7. The moucy realized by or from the bonds of any
coutiibr.tfng.^'^^ county, or any city, town or municipal corporation thereof,
becoming a subscriber to the capital stock of said company,
shall be expended upon the work upon the road in such
county so subscribing, or in which any such city, town or
township so subscribing shall be situated, unless there
should be an overplus, after finishing the work of grading,
bridging, tieing and ironing said road in such county : then
such overplus may be expended, generally, on the road of
said company.
No forfeit for § 8. The Said company may build any section of said
non-compeion j,^^^^ qj. Qu^jt; to build any section, as their means may jus-
tify; and omitting to build any section shall not impair
their rights under this charter.
BAILEOAD OOMPAXIES NEW PKITILEGES. ■ S05
§ 9. The president of the board of supervisors shall i"^e of bonds,
eigu all couuty bonds, and the county clerk shall counter- signature,
si^n the same ; and the supervisor shdll sign and the town
clerk shall countersign all tuwn bonds; and the major or
presiding officer of any city, town or municipal corporation,
shall sign, and the clerk of such corporation shall counter-
sign, all city, town or municipal bonds issued by virtue
of this charter; and it is hereby made the duty of the
board of supervisors to levy a sufficient amount of tax,
yearly, to pay the annual interest on the bonds issued
by virtue of this charter, and of the county clerk to extend
the same upon the tax books ; and it shall also be the duty
of-the constituted authorities of any city, town or other
municipal corporation to levy a sufficient am')unt of tax to
pay the annual interest on their bonds; and all such taxes
shall be collected as other county, city or municipal taxes
are by law collected ; and when the bonds of any county,
city or municipal corporation shall become due, it shall be
the dut}^ of the proper authorities of such county, city or
other corporation to provide f jr the immediate payment of
their bonds issued by virtue of this act.
§ 10. That the proviso in section nine, that the said gef^g^e'^kd"*
corporation shall not occupy to exceed fifteen feet in width
along any such street, road or alley, for said railroad, be
and the same is hereby repealed.
§ 11. The board of directors provided for in section Board of di-
eleven of the act to which this is an amendment shall con-
sist of a number of not less than seven nor more than
nine ; and the persons named in the first section of this act
shall be the first directors of said corporation, and shall,
respectively, hold their office until their successors are
elected : Provided^ that three directors shall be elected
each year.
§ 12. All parts of the act to which this is an amend- confliconsacts
ment, inconsistent with this act, are hereby repealed, and ''^p®^^'^-
this act shall be so construed that it shall not be necessary
to make any points for said road not named herein.
§ 13. That, when any real estate or other property shall Damaje*.
be condemned by virtue of the provisions of section four
uf the act to which this is an amendment, the commission-
ers shall take into account, in estimating the damages to
the person whose property is condemned, the advantages
as well as the disadvantages to the persons so atiected.
§ 14. This act shall be a public act. and be in force from
and after its passage.
Approved March 27, 1869.
Vol. 111—30
306 BAILEOAD COMPANIES NEW PEIVILEGE8.
In force March AN ACT to legalize the lease by the Illinois Central Ra'lroad Company of
12, 1809. the Dubuque and Sioux City Railroad Company.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the
Lease of road, running arrangements, contract or lease made and entered
Boiling stock, into on the thirteenth day of September. A.D, 1867, by
the Illinois Central Kailroad Coujpany with the Dnbiique
and Sioux City Railroad Company, of the state of Iowa,
for the lease of the railway, rolling stock, etc., of the said
Dubuque and Sioux City Railroad Company, to the said
Illinois Central Railroad Company, is hereby le^ralized.
§ 2. This act to be in force from and alter its passage.
Appkoved March 12, 1869.
In force April AN ACT to amend an act entitled "An act to incorpoiate the Illinois Far-
'^^i'^'^^'^- meis' Railroad Company."
Section 1. Be it enacted by the People of the State of
Illinois^ represented in the General Assembly, That the
Act amended, act entitled "An act to incorporate the Illinois Farrciers'
R-iilroad Company," approved February L'8, 1867, be
amended, as follows : Instead of commencing at and run-
ning ''from the town of Virginia, in Cass county," as
provided in the second section of the act to which this is
Route of road, an amendment, said road shall commence at and run from
the city of Jacksonville, and run by the most eligible route,
to the town of Du Quoin, in Perry county; and that sec-
tion twenty-live of said act be so amended as to read ''Jack-
sonville " instead ot " Virginia," and that the second section
of said act be amended further by striking out "ChesteitiHld"
as one ot the points of said road and inserting '"Carlinville."
Towns and § 2. It shall be lawful for the corporate autiiorities of
rtock °^'*^ '"'^'^ the towns, townships, cities and counties through which
said road shall pass, to take stock in the said ct>mpany ; and
shall also be en:powered to niake assessments, levy taxes
and ctillect the same in the manner in which the said seve-
ral towns, townships, cities and counties assess and collect
taxes, for the purpose of paying the said assessments on
the subscriptions to the said sto;'k or the interest accruing
thereon, and the said towns, townships, cities and counties
Issue bonds. ,,,.^y jy^i^e bonds bearing interest, at any point they may
designate, either within or without the state of Illinois, at a
rate not exceeding ten percent, per annum, payable anjui-
submitted to ally or scmi annually, as they may elect : Provided, that the
ega vo eis. ^^^^ tovvnships, cities or towns shall not subscribe to the stock
of tlie said company, without submitting the said proposed
subscription to a vote of the legal voters of their respective
RAILROAD COMPANIES — NEW PRIVILEGES. 307
towns, townships, or cities, thirty days' notice of which
shall be given, elec ions held and returns made as i)r.»vi(led
by the general election laws of this state: And ., provided,
further, that no such bonds bhall issuer, nnr shall any inter-
est be payable thereon or accrue, until said road is comple-
ted through the said town, township, city or county: 'And,
provided, further, that ttie subscriptions on the part of the
said counties shall not be for a sura exceeding two thousand
dollars per mile of the line of the said road in the said
counties.
§ 3. In counties not under township organization it school tmsteea
shall be lawful for the trustees of schools to make subserip- gcriptionl ^^^
tions for their respective townships, and issue bonds as
provided in the preceding section ; and fjr the purpose of
paying the said subscriptions or bonds, or the interest
thereon, shall levy a tax, not exceeding the rate of one par
cent, per annum, upon the taxable property of their respec-
tive townships, and shall, through their treasurer, certify
the said assessment to the clerk of the county court of
their respective counties, and it shall be the duty of the
said clerk of the county court to carry out the tax so assessed
upon the collector's book ; and the amount so raised by tax-
ation shall remain in the hands of the treasurer of the pro-
per county, and shall be employed by him in paying, first,
the interest due on the said bends, and then the principal, if
any funds shall remain in his hands, and fur no other purpose.
§ 4. In ad lition to the corporators named in the said Additional cor-
act, Thaddeus D. Loomis and Thomas Joiner of Macoupin, p**'*^'"^*-
and William Bruen and James Epler of Morgan county,
shall be associated with the said corporators, with all the
rights, privileges and powers of the persons named therein.
§ 0. All portions of the said act as are inconsistent Conflicting acta
with this amendment are hereby repealed ; and this shall ''^P'^^^^^-
be taken and deemed a public act, and shall be in force
from and after its passage.
In FORGE April 15, 1569.
Thi-- hill havinLT been returned hy the governor with objections thereto, and after
recoll^idl■ratil)n havi g passed both houses by a constitutional major. ty, ii has become
a law this twentieth day of April, A. 1). 1869. EDWARD RUMMEL,
Secretaay of State.
AN ACT to amend an act entitled "An act to incorporate the Illinois Tn force March
Grand Trunk Railway." 25, 18b9.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assemhly, That any capital stock
city, incorpurated town or township, which may be situated ^^ **-"? ^""•
on or near the route of the Illinois Grand Trunk Railway,
west of the city of Mendota, via Frophetstown, to the Mis-
508 KAILEOAD COMPANIES — NEW PEIVILEGES.
Bissippi river, may become subscribers to the stock of said
railway, and may issue bonds tor the amount of such stock
so subscribed, with coupons for interest thereto attached,
under such limitations and restrictions and on such condi-
tions as they may choose and the directors of said company
may approve — the proposition for said subscription having
been first submitted to the inhabitants of such city, town or
■^afvoter^s^ *° township and approved by them ; and upon applicatiou of
any ten voters of any city, town or township, as aforesaid,
specifying the amount to be subscribed and the conditions
ot said subscriptions, it shall be the duty of the clerk of
such city, town or township, immediately, to call an election
in the same manner that other elections for said city, town
or township are called, for the purpose of determining
whether said city, town or township will subscribe to the
stock of said railway; and if a majority of said voters shall
be for subscription, then the corporate authorities of
said city, town or township, and the supervisor and town
clerk of said township, so voting, shall cause said subscrip-
tion to be made, and upon its acceptance by the directors of
said company shall cause bonds to be issued, in conformity
with said vote ; which bonds shall not be of less denomina-
tiou than one hundred dollars, and in no case bear a higher
rate of interest than ten per cent : Providing^ no such elec-
tion shall be held until at least thirty days' previous notice
thereof shall be given in the manner prescribed bylaw.
Issue of bonds § 2. It shall be the duty of the proper authorities of any
Levy tax to city. town or township, issuing bonds, as aforesaid, to make
pay iuterest. ^M nocessary arrangements, and provide for the prompt
payment of all interest and other liabilities accruing there-
on ; and to levy such taxes as may be necessary therefor,
as other taxes are levied by them,
constraction of § 3. This act fcliali be liberally construed for the pnr-
*'^'' poses intended and expressed therein, and shall be held to
be a public act, and shall be in force from and after its
passage.
Appkoved March 25, 18G9.
lu forre Feb. 24, AN ACT to amend an act ei'titled " An act to incorporate the Illinois
• Southeastern Railway Company."
Section 1. Be it enacted hy the People of the State of
Illinois, represoited in the General Assembly, That the
Powers and corporation heretofoi'o organized and known as " The
Illinois Southeastern Railway Oom])any," by virtue of an
act, apnrovod Fel)ruary 25, lSii7, tsli.ill have all the i>o\vers,
rights, privileges and iniujuuities which liave been hereto-
KAILEOAD COMPANIES — ^NEW PRIVILEGES. 309
fore granted, and such other powers, rights privileges and
immunities as are hereinafter provided lor; and all sub-
scriptions to the capital stock, or donations, or gifts to said
railway company, whether made by individuals, townships
counties or corporations, shall be and are by this act legal-
ized ; and the said company is hereby empowered and au-
thorized to collect and use the same upon the conditions as
•donated and subsciibed.
§ 2. Whereas doubts exist as to the power and authority Actsofcorpo-
■of the persons named in the first section of the act to '^^"°'^ egaize
which this is an amendment, to associate other persons
with them by vote or otherwise than by subscriptions to
the capital stock of said company or to increase the num-
ber of the directors, in pursuance of the fourth section of
said act, or to elect a board of directors to succeed the first
board appointed in and by said fourth section, he it further
enacted^ that, the acts of said persons, so named in said
first section of said act, and of any board of directors
elected by them, and their associates, admitted as members
of said company by vote or otherwise, done in furtherance
of the general purpose and design of said act, at any time
prior to the election of a board of directors by the stock-
holders in said company, and of their qualifications as such
directors, shall be held to be legal and valid acts of said
■company, as fully as if the sauie had been done by direct-
ors duly elected by stockholders.
§ 3. And whereas, doubts exist as to the time when Payment with-
the interest upon the bonds to be issued and delivered to tionroad°etc!^"
said company, under the provision of section seven (7) of
said act, is to begin to run, and as to when said bonds are
iinally to become due and payable to any holder thereof;
now, therefore, he it further enacted, that the true intent
and meaning of said section is, and it is hereby so declared
to be, that said bonds, so to be issued, shall not be deliver-
ed to said company nor become binding obligations of the
several counties issuing the same, nor shall interest be
payable thereon until the said company shail have comple-
ted or caused to be completed so much of the line of said
road as may be within the county so donating, or when
some certain specitied section or part of the road shall
have been finished, as may be agreed upon between said
company and the county court, or board of supervisors, as
the case may be, of the county making the donation;
then, and in all such cases, an amount or" such bonds may be
issued, proportioned to the length of such completed sec-
tion or sections, and the county courts or boards of super-
visors of said counties, respectively, may make and issue
•8uch bonds, payable to the directors of said company, or
bearer, or otherwise, so as to make them negotial)ie by de-
livery, having such time to rnn and bearing such rate of
interest, not exceeding ten per cent,, per annum, payable
310 KAILKOAD COMPANIES —NEW PRIVILEGES.
annually or semi-aniiuallj, in or out of the state, as may be
agreed on by them and said railway company, and con-
formable to the terms upon which said donations were or
may be, respectivtly, voted for in said counties — the inter-
est to be payable to bearer, according to interest coupons
attached to said bonds.
Bond placed in § 4.^ Whenever said railway company shall so demand,
hands of trustee , " 1 i r • 1
the county courfs or boards oi supervisors, as the case may
be, of said counties, respectively, and the proper authori-
ties of the several townships shall cause the bonds so pro-
vided for, witli interest coupons a'tached, to be prepared
and executed and placed in the hands of a trustee, to be
agreed upon by said county courts or boards of supervis-
ors, who shall deliver said bonds to said railway C(Knpany
or its assigns, when and as the conditions upon which said
donations were respectively voted for shall be fulfilled ; and
the coupons for all interest past due at the time when said
company becomes entitled to such bonds shall be detached
and canceled by said trustee, and the interest for the cur-
rent half year or year so arranged as that said counties
shall only pay interest on said bonds from the date at which
said railway company were entitled to receive the same.
Townships to § 5. And whcrcas, certain townships in Wayne and
ssiie bonds. Clay couutics have voted donations to said railway com-
pany, said townships are hereby authorized and empowered
to issue township bonds for the amount so donated, without
submitting the proposition again to be voted upon — said
bonds to be issued in sums not less than one hundred nor
more than one thousand dollars each, with interest coupons
attached, drawing interest at the rate of ten per cent., per
annum, payable semi-annually at the county treasurer's of-
fice, in eacii county where such townships are located — said
bonds to be payable in five jears or any time thereafter,
not exceeding twenty years, at the option of the townships;
and said bonds to be signed by the supervisors thereof or
by the supervisor or supervisors of the district wherein such
township is located, and to be countersigned by the township
Supervisors to clerkol" the respective townehi))s ; and said bonds to be deliv-
Bi;;n bonds. ered, properly executed, to the president of said railway
Company, when the conditions are complied with as con-
tained in election notices and propositions submitted to and
Tax to iiay in- vo*^ed upoii by the people of said townships; and said
^^^^'" . town.-hips shall each, by its proper corporate authorities,
provide, in due time, by a levy and collection each year of
a sutficient tax on its assessL'd property to pay the interest
on its bonds, as it acciues half yearly, as aforesaid, and ul-
timately to provide for the principal of said bonds at ma-
turity : J^rovidecl, thar said bond;^ shall be [placed in the
haiid.-i of a trustee, on the demand of ^aid railway compa-
ny, as lu'reinafter provided : And, also, p/ov/di.d, that such
townships may determine, by a vote of their electors, at
EAILKOAD COMPANIES — NEW PKIVILEGE8. 311
any'rec^nlar or special town meeting or election, whether
tbev will issue bonds or not in payment of the donations
heretolbre voted to paid company.
§ 6. Be it further enacted, that all contracts made by Transfer sto.k
towns, cities and counties, into, through or near which the *" company.
Illinois Southeastern Railway shall run, whereby, as an in-
ducement for the construction of said railway, such towns,
cities or counties agreed, upon the completion of certain
portioris of said railway, to sell said company, at a nom-
inal price, the stock of said company, for which said towns,
cities or counties, by a vote of their electors, had thereto-
fore subscribed and agreed to issue bonds in payment
thereof, thereby, in tffect, agreeing to make a donation to
said company certain amounts of the bonds of such towns,
cities or counties, as an inducement for the construction of
said railway, are hereby declared to be valid and binding
upon such towns, cities and counties, and shall be carried
into effect, in good faith, by the same ; and all orders for
and notices of elections, and elections and returns of such
elections in respect to such subscriptions of stock to said
company in any such towns, cities and counties, are hereby
declared valid and bindmg upon such towns, cities and
counties.
§ 7. That the said Illinois Southeastern Railway Com- Mayunitewith
pany shall have power and the right to connect with the ° ^"'''^ ^'
Chicago Branch of the Illinois Central Railroad at any
point, "not north of the city of Effingham, and may continue
its railway in a northwestwardly direction, to any point on
the Mississippi river, not north of Rock Island and not
south of Quincy, and to build branch roads, not to exceed
thirty miles in length, with one or more tracks, to any
towns or places in the several counties through which said
road may pass ; and towns and places in adjoining counties
to those through which the main tiunk runs, and continue
such branches, if desired, to connect with other lines of
railroads ; and such extension of main trunk and branches
to have all the powers, riglits and privileges as have been
heretofore granted by the act of incorporation of this com-
pany or by this act : Provided^ that said company shall not
C(.n>truct any such branch road until the main line of s id
road shall be completed from the Ohio river to some point
on the Chicago Branch of the Illinois Central Railroad.
Said company shall have power to unite, connect or con-
solidate its railroads with any other continuous line of rail-
road constructed, or in course of construction, or which
may hereatrer be constructed in this state, upon such terms
as may be 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 exe-
cute such contiacis with any otlier company as will secure
the objects of such connection or consolidation ; and the
312 KAILKOAD COMPANIES- — NEW PEIVILEGES.
said company may, furthermore, lease, purchase or receive
as a donation any other road or part of road, either wholly
or partially coustrncted, which may constitute or be adopt-
ed as part of its main line or branches, and by such lease,,
purchase or donation, it shall acquire and become vested,
with all the rights and franchises pertaining to such road:
or part of road so leased, purchased or donated, in the right
of way, donations, constructions, maintenance and working
thereof : Provided^ that such consolidations shall be sub-
ject to the general railroad law of 1849.
Telegraph lines. " | g_ rj^^^ g^^j^ Company shall have the right to construct,
a line or lines of telegraph along its railway and branches,,
and to maintain and operate the same, and shall have all.
the powers and privileges and be subject to all the liabili-
ties prescribed by an act in relation to telegraphs, enacted
by the state of Illinois and approved February 9, 1819, and
any act or acts amendatory thereof or supplemental thereto.
Right of way. g 9. Jt shall be lawful for the incorporate authorities of
any incorporate city or village, through which said railway
shall be located, to donate or lease to said railway company,
as a right of way, the right to lay a single or double track
through said city or incorporated village, or any portion
of the same, or any street or highway that the said railway
company shall select for that purpose; said lease or per-
mit to be unchangeable and perpetual, except at the option
of the said railway company and corporate authorities of
such towns or cities.
§ 10. That any village, city, county or township organ-
ciuifs^may take '^®^ Under the township organization law or any other law
etock. of this state, along or near the route of said railway or its
branches or that are in any wise interested therein, may,
in their corporate cajDacity, subscribe to the stock of said
company or make donations to said company, to aid in cou-
fetrnctiiig and equipping said railway : Fi'ovided^ that no
such subscriptions or donations shall be made until the same
shall be voted for, as hereinafter provided. That whenever
twenty legal voters of any such city, village, 'county or town-
ship shall jiresent to the clerk thereof a written application,
requesting that an election shall be held to determine wheth-
er such village, city, county or townbhip shall subscribe to
the capital stock of said company or make a donation there-
to, to aid in building or equipping said railway, stating
the amount, and whether to be subscribed or donated
and the rate of interest and times of pn^^nent of the bonds to
be issued in payment thereof, such clerk shall receive and
Notice of Hie such application, and shall immediately proceed to post
■^vritten or printed notices, calling an election to be held by
the legal voters of such village, city, county or townehip,
which notice shall be posted in ten of the most iniblic
j)laces of 8udi village, city, county or townshij), for thirty
days preceding au election ; and said notices shall state fully
election.
KAILKOAD COMPANIES — KEW PBIVILEQES. 6 16
the objects of such election ; and such election shall be held Mode anamau-
and conducted and returns thereof made as general elec- '^'^'^ °
tions provided by law in this state and as provided by the
charters of any such village or city : Provided, that at any
election held under the provisions of this act it shall not be
necessary to cause a registration of the voters of such vil-
lages, cities,' counties or townships ; and if a majority of
the votes cast at such election shall be in favor of such sub-
scription or donation, then the corporate authorities of such
village, city, county or township organized under the town-
ship organization laws of this state, the supervisors of such superyisormay
township shall subscribe to the capital stuck of said com- '*"^s<="'^- ^^o<=^-
pany or donate thereto, as shall have been determined at
such election, the amount so voted at such election, and
shall issue the bonds, with interest coupons attached, of
such village, city, county or township to said railway com-
pany, in such denominations as said railway company may
designate — said bonds drawing interest at a rate not ex-
ceeding ten per cent., per annum, and the interest on said
bonds to be paid semi annually, and said bonds to be paid
in twenty years from the date of their issue, with the privi-
lege reserved to the said villages, cities, counties or town-
ships of paying said bonds at any time after five years from
the date of their issue ; and said bonds to be signed, in
case of a village by the chairman of the board of trustees Bonds executed
thereof, in case of a city by the mayor thereof, in case of a
county by the county judge or the chairman of the board
of supervisors thereof, and in case of a township by the
supervisor thereof ; and, in all cases, to be countersigned
by the clerk of said village, city, county or township. And pay^utcres^t! '""
any such village, city, county or township subscribing or
making donation to such railway, as aforesaid, shall by its
proper corporate authorities, annually thereafter, levy and
collect a sufficient tax on its assessed property to pay the
interest on its bonds issued as aforesaid as the interest be-
comes due, and provide in due time to pay the principal at
maturity.
§ 11. Whenever the bonds issued by any village, city, ^^^^^^^ °^ ^^^
county or township, in pursuance of this act, shall not be '^^'^ '
promptly paid at the time they fall due or the interest there-
on shall not be paid promptly when due, the clerk of such vil-
lage, city, county or township, on the application, in writ-
ing, of any creditor to whom such arrears of interest or
principal shall be due, shall assess the full amount of such
interest and principal, so due from such village, citj, county
or township, and place the same upon the proper tax lists,
to be collected with the other taxes of such village, city,
county or township : Provided, that not more than three
per cent, of taxes on the assessed valuation shall be levied
in any one year.
Yol.111— 40
814 KAILKOAD COMPANIES — NEW PRIVILEGES.
Evidence of § 12. That when payment of subscription to the capital
**°"^*' stock of said company or payments for donations to said
company have been or shall be made by villages, cities,
coun'ies or townships, in bonds of sneh villages, cities,.
counties or townships, under any act authoriziog sucli sub-
scription or donation to be made, all such bonds issued or
negotiated by the proper authorities of such villages, cities,
counties or townships, and appearing regular on the face
thereof, shall, in the hands of said company or any other
Bona fide holder thereof, be deemed and taken, in all courts
and elsewhere, as prima facie evidence of the regularit}^ of
everything required by the several acts in relation to the
issuing of said bonds or by any other act to be done pre-
liminary to the issuing and negotiation of said bonds.
coBdjtion of § 13. Whereas, in section seven, of the act to which this is
pa>menti)OB ij. ^^ amendment, it was provided that any bonds in payment
of any donations made by counties to said railway company
that each of said bonds should declare upon its face the
conditions upon which it should become due ; and whereas,,
the election notices heretofore issued by the proper authori-
ties of any such counties making donations to said railway
company, as well as the act to which this act is an amend-
ment, contains certain conditions required to be fulfilled by
said railway company before the bonds of such county
should become due and payable and M^'liich conditions were
by such notices, as well as by the act to wliich this act is an
amendment, required to be inserted in the face of such
bonds to be issued by such counties; therefore, he it further
enacted^ that upon a full and complete performance by said
company of all the conditions npon which said bonds were
tu become binding obligations of the counties issuing the
same, it shall be the duty of the county court or the board
of supervisors, where such county is under township or-
ganization, of the respective counties making such dona-
tions, to enter an order upon their records, at a regular or
special term of their court, directing the clerk of such court
to certify, over his official seal, upon the back of each of
Cortiflcat*. gaid bouds so issued, in language as follows, viz : "All of
the conditions npon which this bond was to become a bind-
ing obligation of the county of have been complied
with."
Bonds may he ^ 14. That the holdcrs of twcntv thousaud dollars, or
filed with uudi- "^ . -« .i i j y a. -i • „ ^j •
tor. upwards, ol the bouds of any county or city, issued in
pursuance of this act or the act to which this is an amend-
ment, may, at any time, lile the same with the auditor of
public accounts, for registration and for collection and pay-
ment of into est and principal; and all the provisions of
"An act relating to county and city debts and to provide
for the pjiyment thereof by taxation in such counties and
cities," approved February 18, 1S85, so far as the same
relates to registration, collection and payment of interest,
RAILROAD COMf'ANifiS — KEW PRIVILEGES.
§16
according to the tenor of said bonds, shall be in force and .
be applied lor the benefit of all such bonds, so registered,
and whenever the proper county or city authorities shall
provide for payment of principal of such bonds the amount
annually to be raised for that purpose shall be certified by
the pro])er authorities of such county or city to the anditor
of public accounts, and the provisions of said act shall ap-
ply to the colle'ition and payment of the principal of said
bonds, as so provided by said county or city authorities.
Nothing in this section shall be constructed to change the
rate of interest or payment of principal of said bonds, as
provided on their face, or in anywise to impair the rights
of the holder of said bonds to collect either interest or
principal, in case of any default in payment of the same.
§ 15, The board of directors of said company, after ^l^^^^^'^ *^
said railway is completed from the Ohio river to the Illi-
iiois Central Railroad, may consist of not less than five nor
more than thirteen, and the number may be changed at
any reguUir meeting of the stockholders, and a majority of
the board of the directors shall constitute a quorum for the
transaction of business ; and said directors may open books
for the subscription of stock at such time and under such
regulations as they may determine.
§ 10. This act shall be deemed a public act, and shall
be in force from and after its passage.
Ai'PBOYED February 2i, 1869.
AN ACT supplemental to an act entitled "An act to amend an act to in- InforceFeb.ai,
corporate the Illinois Southeastern Railway Company," passed at the ^
present session of the general assembly.
Section 1. Be it enacted hy the People of the State of
Illinois, rejyresented in the General Assemblj, That section i««.iir9jp*ja»*
numbered eleven (11), of the act to which this is a supple-
ment, be and the same is hereby repealed.
§ 2. This act to take eflect and be in force from and
after its passage.
Approved February 24, 1869.
316 KAtLROAD OOMPANiES — NEW PRlVILEGEg.
In force March. AN ACT relating to the Indianapolis and St, Louis Eailroad Company,
11, 1869. and to authorize extension of said railroad.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That tlie
Lease of road, lease of the St. Louis, Alton and Terre Haute Eailroad
Company, and the property and road thereof, to the Indi-
anapolis and St. Louis Eailroad Company, under which the
railroad extendino; from Terre Haute, in the state of Indi-
ana, to East St. Louis, in the state of Illinois, is now ope-
rated, be and [stand confirmed, according to the terms of
said lease : Provided, hoioever, that nothiog in this act
shall be construed to release the said lessors from any debt,
cause of action or contract now existing against them.
Newcorporation | 2. The Said lessees, their associates, successors and
assigns, shall be a railroad corporation, in this state, nnder
Name and style, the Said Style of '' The Indianapolis and St. Louis Eailroad
Company," and shall possess the same or as large powers
as are possessed by said lessor corporation, and such other
powers as are usual to railroad corporations. Said Indian-
apolis and St, Louis Eailroad Company may and are here-
by authorized to extend said line of road from any point
on the same, between the cities of Fana and Litchtield, on
said road, or from either of said points westward to the
Mississippi river, opposite Louisiana or any point below,
not exceeding fifteen (15) miles, in the state of Missouri,
with a branch thereof to the city of Quincy, in the state of
Illinois, and the same to connect with the railroad bridge
over said river, at said city of Quincy.
§ 3. This act to take eflect and be in force from and
after its passage.
Approved March 10, 1869.
In force March AN ACT to amend an act entitled "An act to incorporate the La Salic
2'J, 18C9. and Lafayette Railroad Company," approved February loth, 1855, and
the act amendatory thereof, approved February 21, 1859.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That David
Additionaiin- Strawn, Joel "W. Hopkins. Elmer Baldwin, William Strawn,
corporators. Williamson Durley, and Wm. Allen, be and they are here-
by constituted and appointed additional incorporators, with
equal rights, powers and privileges with those named in
the act hereby amended.
May extend § 2. The Said coinpauy is authorized and empowered to
™*'^- extend its railroad from the terminus named in the act to
which this is an amendment, or to construct a branch from
JtAtLROAD C0MPANIE8-=-NEW PKIVILEGllS. 31 7
any point on the line thereof, west of the Chicago and
Alton Railroad, in the county of Livingston, to or near the
city of Muscatine, in the state of Iowa, crossing the Illinois
river, in the county of Putnam ; and, for this purpose, it
is invested with all the rights, powers, privileges and fran-
chises granted or intended to be granted by the act hereby
amended.
§ 3. Said company may commence the construction of r^Y ^°T™^aDy
its railroad at any point or points on the line thereof, and point,
may complete and operate any part or parts thereof, to be
determined by the board of directors, and may lease or sell
the whole or any part thereof to, or unite its road with any
railroad now constructed or which may hereafter be con-
structed in this state, the state of Iowa or the state of In-
diana, which its railroad may cross or intersect, and it
may lease or purchase any such intersecting railroad
on such terms as may be mutually agreed upon be-
tween the companies so leasing, selling, uniting or pur-
chasing,
§ 4. x\.ny city, incorporated town or township, in any Towns and
county through or near which the said company's railroad gjoc^.'"^^ "^""^^
may be located, is hereby authorized to subscribe to the
capital stock of said company to any amount not exceeding
one hundred thousand dollars, the same to be approved,
the subscription made, the bonds issued, the taxes assess-
ed and collected, and all matters connected therewith done
in pursuance of and in conformity with the provisions of
the act amendatory of the act hereby amended, except as
hereinafter provided.
§ 5, The notices for elections in cities and incorporated Notices of eiee-
towns shall be signed by the clerk of such cities or incor- *'°°"
porated towns, and such notice shall be given only upon
request of not less than twenty-five of the legal voters of
any such city or incorporated town, and shall be published
in any newspaper published in any such city or incorpora-
ted town, at least thirty days prior to such election, or
written or printed notices thereof may be posted in five or
more public places in any such city or incorporated town,
at least thirty days before the time of holding any such
election ; and in all cases where the clerk of any township
shall neglect or refuse to post notices in any township, then
the same may be done as in cases of cities or incorporated
towns, and shall have the same force and effect as if posted
by the clerk.
§ 6, The railroad of said company, with its grounds. Railroad prop.
tracks, buildings, rolling stock and other property shall be ^'^y*"^'^'^'^'"*
assessed and taxed in the same proportion as other proper-
ty in the counties, townships, cities and incorporated towns
in or through which it may be located; and all taxes levied
upon said road, except for state purposes, shall be paid by
the said company to the treasurers of the several counties
318 KAILROAD COMPANIES — NEW PKIVILEGES.
through which its road may run, and shall be set apart
and applied to the payment of the interest and principal of
the bonds issued by the townships, cities and incorporated
towns, in proportion to the amounts by them severally sub-
scribed.
Conflicting g 7. All parts and provisions of the act hereby amended
and of the act amendatory of the same, not inconsistent
with the provisions of this act, are continued in full force
and virtue, and shall apply alike to all parts of the railroad
of said company, throughout the entire length thereof.
§ 8. This act shall take effect and be in force from and
after its passage.
Approved March 29, 1869.
acta repealed.
In force March AN ACT to change the name and amend the charter cf the Madison
29, 1869. County Railroad Company, approved February 15th, 1865.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That the
Name changed, name of the Said Madison County Railroad Company is here-
by changed to the ''Chicago, Edwardsville and Southern
Railroad Company ;" and by the lattter name it shall be
known and called in all places whatsoever.
Extend read. § 2. The Said Company shall have the power to extend
their said road, from its terminus, in the town of Edwards-
ville, in a southerly direction, and to run within at least
one quarter of a mile of the corporate limits of the town of
Troy, in Madison county, to the town of Mascoutah. in
Saint Clair county, and to Cairo and Paducah, and for that
purpose, said company shall have and exercise all the pow-
ers and rights and be subject to all the duties and liabilities
contained in the charter hereby proposed to be amended.
§ 3. This act shall take effect and be in force from and
after its passage.
Approved March 29, 1869.
In force March AN ACT to amend an act entitled "An act to incorporate the McLean
27, 1869. County Central Branch Railroad," approved February 22, 1861.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That section
8e4. 1 amcHded. tirst of an act entitled 'An act to incorporate the McLean
County Central Branch Railroad Company," approved
February 22, 1861, be and the same is hereby amended ai
KAILROAD COMPANIBS — NEW PRIVILHGE8. 819
follows: That after the names of "Wm. H. Cheney, L. IST. Additional m-
Bishop, Henry Barnlionse, and James Mix, in the fourth '^°-p°'«*°'^^-
line of said section, the names of "William H. Sorners, S, D.
Baker, Henry Conkling, L. A. Crambau^h, shall be added
thereto; also, in the same section, comiiienciu^ on the six-
teenth line, it shall read as follows : ''And said company
are hereby authorized and empowered to locate, construct
and finally complete a railroad, commencing at any point
on the Illinois Central Railroad, between the town of Hay-
worth, in McLean county, and the town of Clinton, in
DeWitt county, Illinois, running thence, from said point
of location in a north-easterly direction, through the town
of Le Roy, in McLean county, thence, on the most practi-
cable route to any point on the Illinois Central Branch
Railroad, between the town of Gilmau, in Iroquois county,
and the town of Paxton, in Ford county, Illinois."
§ 2. Section three of said charter shall have added sec.sameuded.
thereto the following clause, to read as follows : "And the
several townships, cities or counties, through or near which
said railroad shall pass, may and they are hereby author-
ized to subscribe for and take stock in said company, to any
amount not exceeding one hundred thousand dollars for
each of said townships, cities or counties, and may issue
their corporate bonds therefor: Frovided^ that no such
bonds shall be made until the question has been submitted submitted to
to the legal voters of such townships, cities or counties ; and ^^s^i^^'®"-
the clerk of such incorporation is hereby required, by at
least ten citizens who are legal voters and taxpayers of such
township, city or county for which he is clerk, in which
petition the amount proposed to be subscribed and the rate
of interest thereon shall be stated, to post up notices in at
least three public places in such township, city or county,
which notice shall be posted not less than thirty days before Noticeof eiec-
the day of holding such election, notifying the legal voters *'°'^-
of such township, city or county to meet at the usual place
of holding elections, or some other convenient place named
in such notice, for the purpose of voting for or agiiinstsuch
subscription ; and if it shall appear that a majority of all
the legal voters of such township, city or county, voting at
such election, have voted for such subscription, it shall be
the duty of the chairman of the board of supervisors of the
county, or the supervisor of the township, or the mayor of who may sub-
the city, to subscribe to the capital stock of said railroad *"'''' ^*°*'^'
company the amount so voted to be subscribed, and he
shall execute to said company, or their assigns, in the name
of such township, city or county, bonds, bearing interest at
the rate of ten per cent, per annum, which bonds sliall run
for a terra of not more than ten years — interest on the same
made payable annually, and which bonds shall be signed
by such chairman, supervisor or mayor, and be attested by
the clerk of such township, city or county, in whose name
320 BAILKOAD COMPANIES — NEW PKIVILEGES.
No payment till the boDcls are issued : Provided, that no part of such bonds
work completed gi^g^lj be delivered or payment made to said company or
their assigns, until an amount of work shall have been done
in grading and bridging on said railway in such township,
city or county where the subscription is made, equal in value
to the amount of one-tenth of such subscription — which
work shall be approved by three competent persons, ap-
pointed by said railroad company, before the delivery of
said bonds ; and in like manner shall the work be done
and payments made in the township, city or county
where the subscription is made. Shonld there be a surplus
of said subscription, after completing such grading and
bridging in such township, city or county, it may be ap-
plied in the same manner next adjoining to any grading
and bridging already done, so as to keep a continuous line
of work on said railway, and in case it should not be necessa-
ry to use all of such subscription for the completion of such
work herein set forth, then, and in that case, the remainder
of such subscription shall be delivered to said railroad com-
pany, or their assigns, to be used by them for any purpose
on said railway, necessary to be done, in order for the com-
pletion of the same: Provided, further, that the registry
of votes last had preceding any election to be held un-
der the provisions of this act shall be the registry for
such election,"
880. 4 amended. § 3. In scctiou four, the word "first," in the second
line, shall be stricken out, so that the first and second lines
will read, " and the above named persons, in section first,
as amended, shall be and constitute the board of directors."
The sixth and seventh lines of same section shall be amen-
ded so as to read : " Said directors shall organize the board
as soon as practicable after the passage of this amendment."
See. G amended. § i« Scctiou six shall bc amended so as to read : " Said
company shall be alowed five years from the passage of this
amendment for the commencement of the construction of
said railroad, and shall complete the same within ten years
from the date of the passage thereof. Should said company
or their assigns fail to finish said road, or any part thereof,
within the time specified, said company shall not forfeit any
of their rights acquired under this act to that part of said
road which may be finished within the time above specified :
May uuito with And it is farther provided, that said company shall have
other loads. power to unite or connect itself with any other railroad
company in this state, upon such terms as may be mutually
agreed u])on between the companies so uniting or connect-
ing, and for that purpose, full power is hereby given to
said cnmpany to make and execute such contracts with any
other company as will secure the object of such union or
Name changed. Connection. Said company may change its corporate name
and style to such name and style as its directors, by reso-
lution, may order and direct, upon filing in the ofiico of the
RAILROAD COMPANIES— NEW PRIVILEGES. 321
secretary of state a copy of such resolution within sixty
days after the passage of the same, and publishing a like
copy in one or more newspapers published in the county
through which the road runs."
§ 5. This act shall be deemed and considered a public
act, and shall be favorably construed for all purposes
herein expressed in all courts and places whatsoever;
and take effect and be in force from and after its passage.
Approved March 27, 1S69.
AN ACT to cliange the name of the Murphysboro and Shawnoetown Rail- i^ force March
road Company to that of the Carbondale and Shawneetown Eailioad Cora- 10, 1S69.
pany; to make valid the subscription and agreement of the county court
of Williamson county, in regard to said railroad, and to further amend
the act of incorporation, approved March 7, 1867.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the Nanje changed,
name of the Murphysboro and Shawneetown Eailroad
Company is hereby changed to that of the "Carbondale and
Shawneetown Railroad Company;" and, by that name,
said company shall have all the rights and be subject to all
the liabilities conferred and imposed by the act of incorpo-
ration, approved March 7, 1867 ; and furthermore, the
railroad to be constructed under and by virtue of said last
mentioned act shall begin at Carbondale, instead of at or
near Murphysboro, and extend as is provided for in the lirst
section of the aforesaid act of incorporation.
§ 2. The subscription heretofore made and entered o± stock snhscrip-
record by the county court of Williamson county, in pur- *'°'^'^'
suance of a vote of the voters of said county, in regard to
the capitalstock of the Murphysboro and Shawneetown Kail-
road Company, and the recorded agreements in the county
clerk's office of said county, heretofore entered into by Jesse
Bishop and Addison Reese, two of the judges of the county
court of said county, and Samuel Dunaway, president of
said railroad company, in regard to the sale and transfer
of the stock or the certificate of the stock of said railroad
company, which certificate is to be obtained by said count}'-
court, on behalf of said county, is hereby legalized, and
said agreement and said certificate is hereby made valid
and binding upon said county and upon said Carbondale
and Shawneetown Railroad Company : Provided, hoioever,
that the said county court, in consideratioji of the construc-
tion of said railroad, from Carbondale to the town of Marion,
in said county, sball make an assignment and transfer of
said certificate or certificates of one hundred thousand dol-
lars' worth of the capital stock of said railroad company,
Vol.111— 41
S23
KAILEOAD 0MPANIE3 — NEW PRIVILEGES.
Mofleof Toting
not to iuvalidate
bonds.
Paymont
iHt«r8»t.
Tax to pay in
tersst.
Provisions of
act hiudlQg ou
counties.
Meeting
directors.
to be hereafter issued to said county, to said Carbondald
and Shawneetown Railroad Company, upon the completion!
of the railroad to the town of Marion, as before stated,,
which assignment and transfer shall be made to said com-
pany without the payment of five thousand dollars or the
payment of any sum whatever by the aforesaid company :
Provided^ further^ that the time for the completion of said
railroad from Carbondale to the town of Marion shall be
and is hereby extended to the first day of January, 1871.
§ 3. Nothing in the manner of voting on the question
of subscription, or in the aforesaid agreement, entered into
by said county court, or in the organization of said railroad
company, or in this amendment, shall be deemed to in-
validate the bonds of said "Williamson county, heretofore
subscribed and to be hereafter issued by the county court
of said county, in pursuance of the order of said county
court of said county, made and entered of record December
12, 1868, but, on the contrary, said county court shall issue
said bonds as coupon bonds, in sums of one thousand dol-
lars each, bearing interest at the rate of eight per cent, per
of annum, which interest coupons shall be paid semi-annually
at the county treasury of said county, or in the city of
JSTew York, as may be desired by the holder or holders
thereof; and both the principal sum and the interest there-
on mentioned in said bonds shall be made payable to the
Carbondale and Shawneetown Railroad Company, its suc-
cessors and assigns, at the time and place provided for in.
the original act of incorporation and in this amendmenfc
thereto.
§ 4. It is hereby made the duty of the county court,
or the board of supervisors of said county to compute and
assess a tax upon all the taxable property of said county,
in addition to the assessment of a tax to pay the interest
and otherwise fully to provide the mode and means, before
twenty years from the date of said bonds, for the full pay-
ment of the principal sum due or to become due to the
holder or holders of the bonds issued or to be issued under
and in acicordance with the provisions hereinbefore men-
tioned.
§ 5. The provisions contained in this amendment shall
apply and be binding so far as they may or can be held as
applicable on the counties and the county courts, contracts
and bonds of the counties of Salem and Gallatin : Provided^
said counties shall vote in accordance with the provisions
contained in the twelfth section of the aforesaid act to
which this act is an amendment in favor of subscribing to
the capital ttock of said company.
§ 0. The meetings of the board of directors of said Car-
bondale and Shawneetown Railroad Company may be held
in either of the counties herein mentioned, in the city of
Chicago, or f^Jsewhere, as may bo most convenient for a
of
RAIL&OAD companies — NEW PElVILEGES. S23
y
majority of the board of directors: Provided, there shall be
always resident in one or more of said counties some adver-
tised' superintendent, other agent or officer of said company,
upon whom service or summons or other process may be
made, which shall be vahd and binding on said company.
§ T. This act sliall be deemed and held to be a public
act, and shall be in force and effect from and after its pas-
sage.
Approved March 10, lS6d.
AN ACT to amend an act entitled " An act to construct a railroad from in forca Marej
the Mississippi river, in Illinois, opposite Muscatine, Iowa, to Camden, 2J, 1S69.
Rock Island county. Illinois."
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That sec- *••• i* amsnded
tion eighteenth of the act approved February 16th, 18(55,
allowing said railroad company five years from the passage
of the act above named to commence the work on said road
and ten years for the completion of same, be amended so as
to extend the time for commencing work on said railroad
to eight years from the passage of said act of 1865.
§ 2. This act to take effect from and afier its passage.
Appeoved March 29, 1869.
AN ACT to authorize the Ohio and Mississippi Railway Company to build In force March
a branch, to connect their road with a ferry or bridge to St. Louis. 2^» ^^°'-
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assemhly, That the branch^oaa'^*^
Ohio and Mississippi Railway Company be and they are
hereby authorized to locate, build, construct, operate and
maintain a branch railroad, from some convenient point on
their present railroad, between Caseyville and East St.
Louis, in St. Clair county, a single or double track, to con- Ro«te of roa.i.
nect with any bridge or ferry now existing or to be here-
after established between the Illinois shore of the Missis-
sippi river and the city of St. Louis, in the state of Mis-
souri, with power to acquire, by lease, purchase or condem-
nation, under any law of this state, for such branch, all
such right of way, depot and other grounds as they may
now be authorized by law to acquire in regard to their
main track and terminus at East St. Louis, together with all
324 RAILROAD 00MP^\Js^I}5S — iTEW PRIVILEGES.
the powers, privileges, rights and franchises, in regard to
such branch, as they now have and enjoy in regard to their
present railroad: Provided^ that this act shall not be con-
strued to authorize the Ohio and Mississippi Kailway Com-
pany to condemn any property lying within the corporate
limits of the city of East St. Louis.
§ 2. This act shall take effect and be in force from and
after its passage, and shall be a public act.
Approved March 31, 18G9.
In force March AN ACT to amend an act entitled "An act to incorporate the Ogle and
2"> 1S69. Carroll County Railroad Company."
Section 1. Be it enacted hy the Peojyle of the State of
Illinois, represented in the General Assembly , That the sev-
Acts amendea. eral acts entitled " An act to incorporate the Ogle and
Carroll County Eailroad Company," approved February
18, 1857, and the act entitled " An act to amend an act
entitled an act to incorporate the Ogle and Carroll County
Eailroad Company," approved February 24, 1859, be and
they are hereby so amended that the said railroad company
shall be authorized and empowered to construct, maintain,
and operate their said railroad, with such appendages as
may be deemed necessary by the directors, in accordance
with the following provisions.
WTiereroadto g 2. That the first divisiou of said road shall commence
'on the east bank of Rock river, opposite the town of Ore-
gon, in said county of Ogle ; from thence, on the most eli-
gible route, to a connection with the Chicago and North-
western Railway, or with any other railroad leading to the
city of Chicago, and the second division commencing at
said point, opposite the said town of Oregon, and running
thence, in a westerly direction, on the most eligible route,
to the Mississippi river.
Construction § 3. That Said company bo and they hereby are author-
ua . j^g^ ^^ build a branch from their said road, from such point
as they may desire and with such appendages as may be
deemed necessary by the directors of said company, to the
city of Rockford, in said state.
Nnmijer of § 4. That the Stockholders may, at any regular meet-
direotois. -^.^^^ ^j^^j. ^^^^ determine the number of directors and the
length of time they shnll hold their office. The board of
directors shall choose one of their number as president of
said company, and adopt such rules and regulations, for the
government of the same, as they may deem expedient.
Towns and § 5. That the several towns, villages and cities, organ-
stock."^^ "^^^ ized or incorporated under any laws of this state, along or
RAltROAb COMPANIES — NEW PEIVILEGES. 325
near the route of the said railroad, as authorized to be con-
btructed under the original act and amendment thereto or
under this act, or that are in anywise interested in having
said road or any branch or division thereof constructed,
may, in their corporate capacities, subscribe to the stock of
said company, or may make donations thereto, or may lend
its or their credit to said company, to aid in constructing
and equipping said road or any division or branch thereof :
Provided^ that no sucli subscription, donation or loan shall
be made until the same shall be voted for as hereinafter
provided.
§ 6. That whenever twenty legal voters of any such petition for an
towns, villages or city shall present to the clerk thereof a writ- election.
ten application, requesting that an election shall be held to
determine whether such town, village or city shall subscribe
to the capital stock of said company, or make a donation
thereto, or loan money or bonds or its credit, to aid in the
construction of said road or any branch or division there-
of, stating the amount and whether subscribed, donated or
loaned, and the rate of interest, and the time of payment,
such clerk shall receive and file such application, and im-
mediately proceed to post written notices of an election to
be held by the legal voters of such town, village or city,
which notices shall be posted in ten of the most public
places in such town, village or city, for thirty days preceding
such election, and shall state fully the object of such elec-
tion ; and such election shall be held and conducted and
return thereof made as is provided by law, and, in any
vihage or city, as is provided by the law under which the
same is incorporated, and an additional return shall be
made to one of the directors of said company. Each elector submitted to
at such election shall deposit a ballot for said subscription, '^S''^^ ^o*^^«-
donation or loan ; and if a majority of the legal voters of
such town, village or city, voting at such election, shall
vote for such subscription, donation or loan, then such town,
village or city shall, by its proper corporate authorities,
subscribe to the stock of said company, or donate or loan
thereto, as shall be determined at said election, and shall
issue to the said railroad company its bonds, in such de-
nominations as said company may designate, not less than
one hundred dollars, and bearing interest as may be deter-
mined at such election, notto exceed ten percent., per annum,
payable annually at such place as such company may de- Execute bonds,
signate, which bonds shall be signed by the supervisor and
countersigned by the clerk in towns organized under the
township organization law, and in incorporated villages or
cities, signed by the president of the board of trustees and
countersigned by the clerk or by the officers having simi-
lar powers and duties in any such village or city, and any
such town, village or city so subscribing, donating or loan-
ing, as aforesaid, shall, by its proper corporate authority,
326 EAILEOAD COMPANIES — NEW PK1VILEGE8.
Levy tax to annually thereafter, assess and levy a tax upon the taxable
pay interest. property of Said town, village or city, sufficient to pay and
liquidate the annually accruing interest on such bonds, and
so much of the principal thereof as, from time to time,
shall become due, which taxes shall be levied and collected
in the same manner as other corporation taxes .in such town,
village or city: Fromded^ that for the payment of the
principal thereof such tax shall not exceed two per cent.,
Conflicting per anuum.
acts repealed. | Y. That such portions of the original act to which this
When act to act is an amendment as conflicts with this act be and the
take efifect. game is hereby repealed. This act shall take effect and be
in force from and after its passage.
Appkoved March 30, 1869.
lu force April AN ACT supplemental to " An act incorporating the Oquawka and Geaeseo
IT, 1869. Railroad Company," approved March 26, 1869.
Section 1. Be it enacted hy the People of the State of
Illinois^ revresented in the General Assembly, That in ad-
jiay unite with ditiou to the Several powers and immunities granted to the
other roads. g^^-^^ railroad company by the act to which this is a supple-
ment, that said company shall have authority to unite with
any other railroad company or consolidate with or transfer
all the rights, privileges or interest of this company to any
other railroad company they may deem best for the in-
terests of the stockholders of this company, and also to re-
ceive and hold, by purchase or otherwise, all the property,
rights and privileges of any former chartered and unfinished
railroad lying along the route of this road, and may is-
sue and sell bonds, secured by mortgage on the property of
the said Oquawka and Geneseo Railroad Company, for the
purpose of raising money to construct or operate said
road.
Conditional § 2. In sccuring subscriptions of individuals, counties,
subscripiioiiB. towusliips, cities or incorporated towns to the capital stock
of said railroad company, the said incorporators, before the
election of directors, shall have authority and after direc-
tors are chosen they shall be authorized to receive condi-
tional subscriptions ; and the conditions made and agreed
upon between the parties at the time such subscriptions are
made shall be binding on the railroad company and on the
subscriber of stock as condition precedent.
Consent of citi- § 3. Be it further enacted^ that whenever the citizens
ftock. *" ^"''^ of any county in this state, through which the line ofjjsaid
Oquawka and Geneseo Railroad shall pass, are desirous
that said county shall subscribe for stock in said railroad,
such county may and is hereby authorized to subscribe for
BAILROAD COMPANIES — NEW PEITILBGES. 327
shares to the capital stock of said railroad company, in any
sura not exceeding one hundred thousand dollars, for each
of such counties ; and the stock so subscribed shall be un-
der the control of the county court or board of supervisors,
as the case naay bo, in all respects, as stock owned by in-
dividuals-
§ 4. That for the payment of such subscription, the jg ^uq oiijoiid a
county court or board of supervisors may issue the bonds
of the county in sums of not less than one hundred dol-
lars, bearing interest not exceeding ten centum, per an-
num : Provided^ that no bonds sbalf be paid out to the
railroad company or sold by the county court or board of
supervisors at less than par value.
§ 6. No subscription shall be made or bonds issued by Majority vote
any county, under the provisions of this act, unless autho- gubscrfpUoa"^^
rized by a majority of the votes cast at an election held
for that purpose, after due notice has been given of the
time and place and object of the same, and the amount of
stock proposed to be taken. The length of time the bonds
are to run and the rate of interest being specified in said
election notice.
§ G. It shall be the duty , of the county court or board Petijidn for
of supervisors, upon the petition of one-third of the legal '^^ mge.ecion.
voters of such county, taking as a standard the number of
votes cast at the last election for county officers, to give
notice of such election in the same manner and for the
same length of time as for other county elections, and in
all other respects complying with the laws of this state reg-
ulating county elections and with the provisions of section
five of this act : Provided^ that said election may or may
not be held on the same day of a general election, as the
county court or board of supervisors may, in their discre-
tion, deem best,
§ T. Townships in counties having township organiza- organized
tion through which the line of said railroad shall pass, or 6?!^!°^'^^*^'^
lying within ten miles of the same, are hereby authorized
to subscribe to the capital stock of the said railroad, in any
sum not exceeding twenty per cent, of the assessed value
of the real estate in such township : Provided, that such
subscription be authorized by a majority of the votes cast
at an election held for that purpose, after due notice has
been given of the time, place and object of the same, by
notices posted up in at least six of the most public places in
such township for a period of not less than thirty days
prior to the day of holding such election. And it shall be nntyofsuper-
the duty of the supervisor, or, in his absence, of the town
clerk, upon the written petition of one-third of the legal
voters residing in such township, to proceed immediately
to call such election, by giving the required notice and
causing a registry to be made of the votes, if the laws regu-
lating other township elections and in force at the time re-
viser.
32 S BAILED AD COMPANIES — NEW PRIVILEGES.
quire such registry, and shall cause the polls to be opened
and the election to be conducted in all respects according to
the laws of this state in force at the time and of the provis-
ions of this act. At said election the voters shall proceed
to vote, by ballot, for or against subscription to the capital
Bonds issned. stock of the Oquawka and Geneseo Railroad; and if a
majority of the votes cast are in favor of such subscription
it shall be the duty of the township board to make pro-
vision for the payment of the same, by causing bonds to be
issued in the name of the township, payable in twenty
years, and in no case running less than five years, bearing a
rate of interest not exceeding ten per centum, per annum,
which bonds may be sold for money to pay said subscrip-
tion or transferred to the company at par, if the township
board and directors of the railroad shall so agree ; and it
shall be the duty of the supervisor of such towm to make
out and transmit to the board of supervisors of the county
in which such township is situated an abstract of the pro-
ceedings of such election, certified to officially by the town
Duties of the board, whercupou it shall be the duty of the said board of
Bupemsors. supervisors to cause the same to be filed in the county
Special tax. clerk's office, and they (the said board of supervisors) shall
cause a tax to be levied on the real and personal property
of such townships, annually, in amount sufficient to pay
the interest and create a sinking fund for the payment of
the principal within the time limited in the said bonds,
and shall cause such tax to be placed upon the collectors'
books for collection with other taxes ; and the tax so levied
is hereby placed upon the same footing as taxes levied for
state and county purposes.
Towns and g 8. Incorporated towns and cities lying within the
stock."^*^^ ^^'^^ limits heretofore described along the line of said road shall
be authorized to subscribe to the capital stock of said rail-
road, in any sum not exceeding twenty per cent, of the as-
sessed value of the real estate within the corporate limits
of such town or city, and, for this purpose, the trustees of
any such corporation or the town or city board, are hereby
authorized to hold an election, observing all the require-
ments of section eleven of this act; and the board of su-
pervisors of the county or the county court, as the case may
be, taking the same action as required in the preceding
section of this act.
§ 9. This act shall be a public act, and take effect and
be in force from and after its passage.
Ai'i'itovED April IT, 18G9.
KAILEOAD COMPANIES — NEW PKIVILEGES. 329
AN ACT to amend an act entitled " An act to incorporate the Ottawa, In force March
Oswego and Fox River Valley Railroad Company." 27, .1869.
Section 1 . Be it enacted ly the People of the State of
Illinois^ rejyrcsejited in the General Assembly^ That the ^^^ amended,
charier of the Ottawa, Oswc<^o and Fox River Valley Rail-
road bo and the same is hereby so amended as to au-
tliorize said company to build its rode from the town of
Wcnona, in the count}'' of Marshall, in a southwesterly
direction through the comities of Marshall, Woodford and
Tazewell, to the city af Peoria, in the county of Peoria.
§ 2. ■ That any city, county, town or township, near to .Towns and
or through which said railroad is now or may hereafter be stock. ^'^'^ ^^'^**
located, is hereby authorized to subscribe to the capital
stock of said railroad, upon the terms and conditions pre-
scribed in an act entitled " An act to authorize certain cities,
counties, towns and townships to subscribe to the capital
stock [ofj certain raih'oads," in force February 18, 1857.
§ 3. This act shall be deemed a public act, and be
in force from and after its passage.
Appkoved March 27, 1869.
AN ACT to amend an act entitled " An act to incorporate the Ottawa, In force March
Oswego and Fox River Valley Railroad Company." 27, 1869,
Section 1. Be it enacted hy the Feojple of the State of
Illinois, represented in the General Asse7nUy, That the Act aaiecded.
charter of the Ottawa, Oswego and Fox River Yalley Rail-
road Company be and the same is hereby so amended as
to authorize said company to build its road from Streator,
in LaSalle county, eastward to tlio Chicago Branch of the
Illinois Central Railroad, and westw^ard Irom Wenona, in
Marshall county, to such point on the Mississippi river as
said company may hereafter elect.
§ 2. This act shall be deemed a public act, and be in
force from and after its passage.
Appkoved March 27, 1869.
Vol. Ill— 42
330
RAILROAD C03IPANIES-~NEW PRIVILEGES.
In force April AN ACT to amend an act entitled ''An act to incorporate the Paua,
10, 1SG9. Springfield and Northwestern Kailroad Company."
Pream>)ie. WnEEEAS the boai'cl of supervisoi'S of the coimty of San-
gamon, Btate of Illinois, on the 10th day of March, 1868,
resolved that the question should be submitted to the voters
of Sangamon county at an election to be held on the 14:th
day of April, 1868, whether they would subscribe fifty
thousand dollars to the stock of the Pana, Springiield and
I'Torthwestern Kailroad, east of Springfield, and fifty
thousand dollars to the same road, west of Springfield,
and one hundred thousand dollars to the stock of the Gil-
man, Clinton and Springfield railroad, to be paid for in
bonds of the county, payable in twenty years and drawing
interest at the rate ot eight per cent., per annum ; and
whereas the voters of said county did, on said 14th day of
April, 1868, cast a majority of votes in favor of said sub-
scription ; now, therefore.
Section 1. Be it enacted hy the People of the State of
JUinois^ represented in the General Assembly^ That said
Election valid, election be and is hereby declared to be legal and valid ;
and said board of supervisors are hereby authorized to is-
sue bonds to the amount and upon the terms speciHed by
their resolutions of March 10th, 1868.
§ 2, Whenever any section of ten miles of either of
said roads shall be completed and in operation the board
ot supervisors of said county is hereby authorized to issue
a proportionate amount of bonds to pay for their subscrip-
tion : Provided, that the whole amount so issued to each
road shall not exceed the amount above specified.
§ 3. The same powers conferred upon the board of su-
pervisors of Sangamon county are hereby conferred upon
the board of supervisors of Christian county, with reference
to their subscription to the capital stock of the Pana, Spring-
field and Northwestern Railroad,
■4. The Pana, Springfield and Northwestern Railroad
Issue of l)ocds.
Board of s npa
Tisors.
Powers.
Coastrnclionof
road
Towns and § O.
cities may tuto ^^^-^^y^
shall have power to extend, construct and maintain its rail-
road from Pana, in Christian county, to some point on the
Ciiicago Branch of the Illinois Central Railroad, as it may
elect ; and in the extension thereof and the construction,
maintenance and operation of said road, so extended, it
shall have, possess and exorcise all the powers, rights,
privileges, immunities and franchises which it now posses-
ses or at any time has possessed and enjoyed during its ex-
istence under its charter and amendments thereto.
§ 5. Whenever the citizens of any town in any county
has adopted township organization and through
which said Pana, Springfield and Northwestern Railroad
shall ])a8s are desirous that said town should subscribe for
stock in said road, they are hereby authorized to subscribe
for said stock, in any sum not exceeding fifty thousand del-
RAILROAD COMPANIES — NEW PRIVILEGES. 331
Jars, and to issue bonds therefor, in the same manner as is
proserihud in tlie act incorporating said raih-oad company,
approved February IGth, 1S65 : Provided, the question of
subscription shall first be submitted to the legal voters of
the town, as reqnired in said act,
§ 6. Wlienever it shall appear that a majority of the when majority
voters in any town shall have voted in lavor of a subscrip- |,"r^jHlon"^ *"^~
tion to said roads and the board of supervisors shall have
been notified thereof, then it sliall be the duty of said board
of supervisors to assess and levy a tax upon said town and
determine the rate per centum of such tax upon all the tax-
able property in said town ; and the tax in all the towns
voting in favor of said subscriptions in any county shall bo
nuitbrm. After said tax shall have been levied, then the
clerks of each of said towns in which a vote is given for
subscription, and the county clerk and county treasurer of
the counties in which such towns are situated, shall dis-
charge the same duties and in the same manner, as re-
quired in sections li, 15 and 16, of the act aforesaid.
§ 7. Whenever the citizens of any townshij) in any Townships may
county which has not adopted township organization, and
through wliich said Pana, Springfield and Northwestern
Raih-oad shall pass, are desirous that said township should
subscribe for slock in said road, they are hereby authorized
to subscribe for said stock in any sum not exceeding fifty
thousand dollars.
§ 8. No subscription shall be made until the question . Snbmitted to
has been submitted to the legal voters of the township in '^s«i voteis.
which the subscription is proposed to be made ; and the
treasurer of the board of trustees for schools in any such
township is hereby required, upon the presentation of a pe-
tition, signed by at least ten citizens who are legal voters and
tax payers of such township, to perform the same duties as
are imposed upon the clerks of the several towns in Sanga-
mon county by the act last aforsaid, and the vote shall i)e
taken at any time after thirty days' notice of the time and
place of voting.
§ 9. If it shall appear that a majority of all the voters Board of trn»
have voted for subsci'iption, then the treasurer of the board may taiie stock'
of trustees for schools in said township shall perform the
same duties as are imposed by said act upon the super-
visors of towns, with regard to subscribing for the capital
stock of said road and issuing bonds therefor. Whenever
it shall appear that a majority of the voters in any town-
ship shall have voted in favor of a subscription to said
roads and the county court shall have been notified there-
of, then it shall be the duty of said county court to assess DntieG of the
and levy a tax upon said township and determine the rate '^°^^^^ ""^'''
per centum of such tax upon all the taxable property in ^^j^^g^egf *°
said township; and the tax in all the townships voting in ^^"^
favor of said subscriptions in any county shall be uniform.
After said tax shall have been levied, then the county clerk
332 RAILKOAD COMI*iJSriES — NEW PKlVlLEGES.
of the proper county shall, annually thereafter, compute
and assess upon all the taxable property in such townships
a sufficient sum to pay the interest on all such bonds, which
tax shall be extended upon the collector's books as other
taxes are, and shall be collected in the same manner as other
taxes are ; and the county treasurer of the proper county shall
discharge the same duties as are prescribed by said act with
reference to the payment of the interest on said bonds.
§ 10. This act shall take effect and be in force from and
after its passage.
In force April IG, 1869.
This bill havini? been returned by ilie governor with objections thereto, and after
reconsideration haviog passed both houses by a constitutional majority, it has become
a law this sixteenth day of April, A. D. 1869. EDWARD RUMMEL,
Secretaay of State.
In force April AN ACT supplemental to an act entitled "An act to incorporate the Pana,
■^^' ■'^^^- Springfield and Northwestern Railroad Company.
Section 1. Be it enacted ly the Peoj>le of the State of
Illinois, represented in the General Assemhly, That sec-
sections void. tioDS sevcn (7), eight (8) and nine (9) of an act entitled "An
act to amend an act entitled 'an act to incorporate the
Pana, Springfield and I^orthwestern Eailroad Company,' "
passed by the 26tli general assembly of the state of Illi-
nois, be and they are hereby declared to be of no force
and effect,
stock subscrip- R 2. The proceedings of the town of SDringfield, San-
gamon county, on the first Tuesday of April, A. D. 18G9,
Vote lesaUzed. by which the sum of thirty thousand dollars was voted to
be subscribed by said town to the capital stock of said com-
pany, in addition to the sum of fifty thousand heretofore
voted by said town to be subscribed as stock in said com-
pany is hereby legalized, it being the intent hereof to legal-
ize subscriptions on behalf of said tov/n voted as aforesaid
to the amount of eighty tliousand dollars, fifty thousand
thereof to the west division of said road and thirty thous-
and tliereof to the eastern division of said road; and the
supervisor of said town is authorized to make such sub-
scriptions in behalf of said town, in conformity with the
conditions of said votes ; and, if such subscriptions shall
have ah'cady been made, the same are hereby legalized ;
and it shall be his duty to issue the bonds of said county
therefor, in conformity with the conditions of said respec-
tive subscriptions, with the like effect and under the like
regulations as provided in the act to which this act is sup-
plemental or in the act entitled "An act to incorporate the
Fana, Springfield and Northwestern Eailroad Company,"
approved Feb. 16th, 1865.
Provisions ap- § 3. The provisions of the foregoing section shall apply
piicabietoPana ^q subscriptions voted by the towns of Pana, Taylorville,
RAILROAD COMPANIES — NEW PKIVILEGE8. 333
Bucliheart and Locust, in Christian cuuntj, to the capital
stock of said company, on the lirst Tuesday of April, 18G9,
so far as the same shall be applicable, and the proceedings
of said towns, in voting said subscriptions, are hereby le-
galized, and any subscription of stock made thereunder by
the respective supervisors of said towns or which may be
made thereunder in conformity with the votes of said
towns, respectively, are hereby legalized, and it is hereby
made the duty of tlie respective supervisors aforesaid to
issue the bonds of their respective towns in payment of
said subscription, as provided for and regulated in the act
to which this is supplemental, or in the act entitled "An act
to incorporate the Pana, Springfield and JNorthwesteru
Railroad Company," approved February 16th, 1865,
§ 4. This act shall take effect and be in force from and
after its passage.
Approved April 10, 1869.
AN ACT to amend an act entitled " An act to incorporate tlio Pekin, la force March
Lincoln, and Decatur Railroad Company." ^^> ^^'^^•
Section 1. Be it enacted hy the People of the State of
lUinois^ represeiited in the General Assembly^ That in ad- Extend road,
dition to the pov/ers conferred upon the Pekin, Lincoln and Construction of.
Decatur liailroad Company, by the act to which this act
is an amendment, said company are hereby authorized and
empowered to extend and construct its line of railroad from
Decatur, in the county of Macon, to a point on the west
bank of the river Wabash, opposite the city of Yincennes, noutocfroad.
in the state of Indiana — the extension herein provided for
to be along the most eligible route as the directors of said
company may direct : Provided^ further^ that said railroad
company are hereby authorized and empowered to extend
and construct its lino of railroad, from Pekin, in the coun-
ty of Tazewell, to Peoria, in the county of Peoria — the ex-
tension herein provided for to be along such eligible route
as the directors of said company may Oirect: And 2^i'o-
vicTed, farther, that said railroad, in passing the city of Lin-
coln, shall nf>t be located or run between Lincoln Univer-
sity and the Lincoln Coal Shaft, southwest from Elliott's
mills, but shall be located north of said Lincoln University
or south of said coal shaft.
§ 2. All the rights, powers, privileges, and advantages Ftirthcr prni-
conferred upon said railroad company, in the act to which ^''^®**
this act is an amendment, are hereby extended to and con-
ferred upon said company, respecting the extensions herein
provided for. And all counties, incorporated towns and
cities, and organized townships, through or by which the
extensions herein provided for may pass, are hereby au-
33'!: RAILEOAD COMPANIES — NEW PKIVILEGES.
tliorized and empowered to subscribe to the capital stock
of said company, in the irianner provided for in this act
•and the act to which this is an amendment : Provided,
that the aggregate subscriptions made by any county and
its cities, towns and townships, along the line of such ex-
tension, shall not exceed the sura of three hundred thousand
dollars.
Sections 11 and § 3. Sections eleveu and twelve of the act to which this
l!i iiniGiicicd.
act is an amendment are hereby so amended that hereafter
the application of the board of directors, provided for in
said section eleven, for an election, and petition provided
for in said section twelve, shall be made, and presented to
the county clerk of the proper county, and not to the
county court or board of supervisors, as in said sections
eleven and twelve provided ; and thereupon the county
clerk of the county in which such application shall be
made or petition presented shall give the notice of elections
for subscribing to the capital stock of said company, as
provided for in section ten of said act, to which this act is
an amendment ; but nothing in this act shall be taken or
held to impair any elections heretofore held under the pro-
visions of said act to which this act is an amendment,
and all elections heretofore held by any county, city,
town or township, wherein such county, city, town or
township may have voted for subscription to the capital
stock of said company, as appears from the declared result
of such elections, shall be and the same are severally here-
by ratified and in all things confirmed, notwithstanding
any irregularity or informality in the calling of such elec-
tions.
Sec. 13 amended § 4. Section thirteen of the act to which this act is an
amendment is hereby' so amended that if at any election
held in Logan county, under the provisions hereof and the
act of which this act is amendatory, a majority of the voters
voting at such election shall vote " For subscription," the
board of supervisors of said Logan county shall not be re-
quired to subscribe for shares of the capital stock of said
railroad company and shall not issue bonds to the treasurer
or president of said company, only in tlie manner and at
Issue of bonds, the times following, to wit: Whenever ten (10) miles of
said railroad shall have been completed, ready to receive
the rolling stock, within the county of Logan, then the
board of supervisors of said Logan county shall, upon the
request of said company, through their president or treas-
urer, subscribe for one-third of the shares of said capital
stock so voted, and shall issue and deliver to the president
or treasurer of said company tiie county bonds of said
Logan county in amount equal to one-third of the whole
amount of subscription so voted by said Logan county ;
and wJiencvcr fifteen additional miles of said railroad shall
have beem completed, ready to receive the rolling stock,
KAILROAD COMPANIES NEW PKIVILEGES. 335
within tlie limits of said Logan county, then said board of njak'r' ^further
supervisors shall, upon the like request of said company, subKcnptiou.
subscribe for another one-third of the shares of the said
capital stock so voted, and shall issue and deliver to the
president or treasurer of said company the county bonds of
said Logan county, in amount equal to au additional one-
third of the whole amount so voted ; and when said railroad
shall have been so completed through the county of Logan,
then said board of supervisors shall, in like manner, sub-
scril)e for the remaining shares of said capital stock so
voted, and shall issue and deliver to the president or treas-
urer of said company the county bonds of said Logan
county, in amount equal to the remaining one-third of the
amount so voted. 8aid bonds shall bear a rate of interest,
to be fixed by the directors of said company, not exceeding
ten (10) per cent, per annum, payable annually.
§ 5. The proviso in the nineteenth section of the act to p^ovfso'in'sec! 19
which this act is an amendment shall only apply and be in
force with respect to the Chicago, Alton and St. Louis
llailroad Company, and the^St. Louis, Jacksonville and
Chicago Itailroad Company.
§ G. This act shall be a public act and be in force from r^p°eS'°"'""^'^
and after its passage, and all acts or parts of acts inconsis-
tent herewith are hereby expressly repealed.
ArPKOVED March 10, 18G9.
AN act to amend the several acts iucorporatiug the Peoria, Peklu lu lorce March
and Jacksonville Railroad Company. ^^> ^-'^^•
Section 1. JSe it enacted by the People of the State
of Illinois, represeoited in the General Assemhly, That the Preamble.
Peoria, Fekin and Jacksonville Railroad Company, a
corporation created, organized and established in this state,
under and by virtue of an act entitled " An act to construct
a railroad from Jacksonville, in Morgan county, to La Salle,
in LaSalle county," approved February 11, 1853, also, an act
entitled "An act to amend an act entitled 'an act'to construct
a railroad from Jacksonville, in Morgan county, to LaSalle,
in La Salle county,' " approved March 1, 1854, also, an act
entitled "An act to amend the charter of the Illinois River
Railroad Company," approved January 29, 1857, also an
act entitled an act to amend an act entitled 'an act to con-
struct a railroad from Jacksonville, in Morgan county, to
La Salle, in La Salle county,' approved February 11,
1853, and, also, to amend an act entitled " An act to
amend an act entitled ' an act to construct a railroad from
Jacksonville, in Morgan county, to La Salle, in La Salle
county,' approved March 1, 1854," approved February 16,
1857, also, an act entitled " An act to further amend the
336 EAILEOAD COMPANIES ^NEW PRIVILEGES.
charter of the Illinois River Kailroad Company," approved
February 14, 1S59, also, an act entitled " An act to incor-
porate the Peoria, Pekin, and Jacksonville Railroad Com-
pany," approved June 11, 1863," also, an act entitled "An
act supplemental to an act entitled ' an act to incorporate the
Peoria, Pekin and Jacksonville Railroad Company, approved
June 11, 1863,' approved February 16, 1865," and, also,
an act entitled " An act to amend the charter of Peoria,
Pekin, and Jacksonville Railroad Company," apj^roved
February 19, 1867, be and the same is hereby declared to
be a body corporate, and invested with all the rights,
powers, privileges, and franchises which wore given to
said company or to the Illinois River Railroad Company,
by any and all of the aforesaid acts. And whereas the said
Peoria, Pekin and Jacksonville Railroad Company did, on
the 22d day of May, A.D. 1868, purchase from the Peoria and
Hannibal Railroad Company all that portion of the line ot'the
latter railroad company, from a point in Peoria county, op-
posite Pekin, in Tazewell county, to and into the city of
Peoria, and received a deed of conveyance therefor, duly
recorded in the recorder's office of Peoria county, on the
twelfth day, of June, 1868 ; now, therefore, he it further
Vested powers, enacted, that the said Peoria, Pekin and Jacksonville Rail-
road Company is hereby declared to be invested with all
the powers, privileges, rights and franchises which belonged
by law or ordinance, to the said Peoria and Hannibal Rail-
road Company, to that portion of the latter road, in Peoria
county, so sold and conveyed to the Peoria, Pekin and
Jacksonville Railroad Company, and the latter company
shall hereafter hav^e, hold and enjoy all such rights, powers,
privileges and franchises, so acquired from thQ Peoria and
Hannibal Railroad Company, in as full and ample a m.an-
ner as they were held and possessed by the former com-
pany, and, in addition to the rights, powers, privileges and
franchises held, used, enjoyed or possessed by the Peoria,
Pekin and Jacksonville Railroad Company, under the
several acts of the legislature of this state, above recited,
and granted by said acts to either the Illinois River Rail-
road'Company, or to its successors, the said Peoria, Pekin
and Jacksonville Railroad Company,
increaseoreap- § 2. The capital stock of the said Peoria, Pekin and
itaistook. Jacksonville Railroad Company, which is now fixed at one
million of dollars, may be hereafter increased, by a vote of
a majority of the directors of said company, to any sum
which, in their judgment, shall be requisite and necessary
for the construction, equipment and completion of the line
or lines of railroad and for the purposes authorized by the
several acts enumerated in the first section of this act, not
exceeding in amount five million of dollars. Said capital
stock shall be divided into shares of one hundred dollars
each, which shall be deemed personal property, and shall
KAILROAD COMPANIES NEW PRIVILEGES. 337
be subscribed for, paid in in such manner, by either money
or other property, and transferred in such mariner and
upon such terms as shall be prescribed by the directors of
said company. And a majority of the stockholders, at any
annual meeting or at a raeetinoj specially called for that
purpose, shall have power to authorize the directors to is-
sue preferred stock of said company, to snch an amount,
and upon such terms as may be directed by the vote passed
for that purpose, and to be issued, registered and trans-
ferred in such maniior and on such teims as may be pre-
scribed by the board of directors. At any election held for
choosinor directors, or for other purposes, each share of
stock shall be entitled to one vote, to be given either in
person or by proxy.
§ 3. All the corporate powers of said company shall be corporate pow.
vested in and exercised by the board of directors, which now *""*' "^■^*'*'®'^.
consii-ts of live members, and which number may be hereafter Board of di-
increased by the stockholders, at any annual meeting, to any '^^'^'■"'■*-
number not exceeding thirteen, for the next ensuing such
meeting. Notice of such annual meeting shall be published
not less than twenty days previous thereto in a newspaper
published in the county where tlie principal otiice of the com-
pany shall be situated, at which meeting it shall be lawful to
elect directors of the company. The present board shall
hold their offices until the next annual meeting of the
stockholders of said company and until their successors
shall be elected and qualified ; and, thereafter, the boardof Tenrof oisc:;
directors elected at the annual meeting of said company
sliall hold their offices for the term of one year and until
their successors are duly elected and qualified. Each of them
shall be the owner and holder of at least five shares of the
capital stock of said company, and they may be either
residents or non-residents of this state. A majority of said Eiectionofoffl-
directors shall f )rm a quorum for *"he transaction of busi-
ness. They shall elect, by ballot, from among themselves, a
president, and shall have power to appoint a secretary,
treasurer, and all otlier oflicers deemed necessary for the
transaction of the business of said company, and prescribe
their duties. They shall have power to make all such
rules, by-laws and regulations as they may deem necessary
and expedient to accomplish the purposes or carry into
efiect the provisions of this act.
§ 4, Jn case of the death, resignation or removal of the ^1''^^*°'^^' ^°^
president, vice president or any director, at any time be-
fore the annual meetintr, sucli vacancy shall be filled for
the remaimler of the official year in which it may happen
by the remaining directors ; and in the case of the absence
of the president and vice president, the board of directors
shall have power to appoint a president, protein., who shall
hive and exercise such poweis and functions as the
by-laws of said company may provide.
Vol. Ill- '
S3 8 EAILRC»AD COMPANIES — NEW PRIVILEGES.
May borrow § 5. The Said Company shall have the power to borrow
money. money, and may execute and issue its bonds therefor, with
interest coupons attached, and secure the payment of the
same by mortgage on the whole or any part of its corporate
property, income and franchises, then existing or thereafter
to be acquired or created, and may annex to said mortgage
bonds the privilege of converting the same and said coup-
ons into the capital stock of said company, at the option of
the holders, at any time not exceeding ten years from the
date of the bond, under such regulations as the directors
may see fit to adopt; and in case of the foreclosure of any
such mortgage, the party purchasing the same under the
decree or order of sale shall be held and deemed invested
with all the rights, title, privileges and franchises of said
corporation, so far as the same may belong to and attach to
that part of saii railroad and its property and franchises thus
mortgaged and sold under an order or decree of foreclosure.
^ May negotiate § i^^ The directors of Said company are hereby author-
ized to negotiate and sell the bonds of said company, at
such times and places and at such rates and for such prices
as will, in their opinion, be best for the interest of said
company ; and if the bonds are negotiated or sold at a dis-
count below their par value the sale shall be as valid and
binding upon the company as if sold or disposed of for the
full amount thereof.
Dividends to § 7. The dircctors of said company s-hall have power to
be declared. ujake and declare any and all dividends payable to the
stockholders of said company, in cash, out of the net
earnings, and also by virtue of a vote of a majority
of the stockholders present at any annual or other meet-
ing specially called for that and other purposes, to de-
clare a stock dividend, for such amount and payable to
the stockholc'ers, in proportion to the number of their res-
pective shares, at such times as shall be authorized by the
vote of the stockholders.
Oonsoiidation § 8. The Said company, pursuant to a vote of the
majority of tiie shares of the stockholders, shall have the
power to unite or consolidate its railway, stock, franchises
and property with those of any other railway or companies
with which this company is authorized to unite or consoli-
date their property by the several acts aforesaid, and there-
upon the new company or companies may take such name
or style of designation as they may decide to adopt. 8uch
change of name shall take effect and be in f >ree from the
date at which the }ire^;ident or s(H;retary of such united or
consolidated corporation shall tile with the secretary of
state an affidavit, setting forth the rarne adopted, together
with the date at winch such change in name was voted by
the stockholders of such corporation,
oouuties and g 9. Counties, cities, and towns and townships, whether
Htock. incorporated or unincorporated, situated on the line of the
BAILKOAD COMPANIES — NEW PRIVILEGES. 339
said road, or at either or any of its termini, are hereby aa-
thorized to make gifts, grants or donation of personal or
real estate to said company, upon such terms as may be
agreed npon between the pai-tit-s ; and said counties, cities,
townships and towns are hereby further authorized to sub-
scribe to the capital stock of said company and to take and
pay for the same, in pursuance of any vote of the iuhabi- 4^^°°^ ^-re^'^""
tants of such township, town, city or county authorizing
such subscription to be made. Such vote shall be given at
a regular election or at a special election to be called for
that purpose ; and, in all cases, at least thirty days' notice
of such election shall, be given, in the manner now pre-
scribed bylaw; and such subscription shall be for the
amount mentioned in the notice of such election ; and a
majority of the legal voters of said counties, cities, town-
ships or towns, voting at such election, shall be sufficient to
authorize such subscription. Any moneys voted for such
purpose, by any couniy, city, town or township, shall be
raised by taxation, in the same manner as provided either
now or hereafter by the general laws of this state for rais-
ing the ordinary revenue of such county, city town or town-
ship.
§ 10. The county bonds of the county of Morgan, issued J"^^-;:^ boS.^^
for sabscription to the capital stock of the Illinois River
Railroad Company, and made payable to said company or
bearer, and which may be delivered to the Peoria, Pekin
and Jacksonville Railroad Company, are hereby declared
legal and valid, and legally deliverable to the last named
company, on the construction of the road of said company
to Jacksonville.
§ 11. The proceedings of said company in acquiring ^ fj^T™7
the franchises and property of the Illinois River Railroad
Company, and in organizing under the several charters
and amendments thereto, and all mortgages heretofore
executed by said Peoria, Pekin and Jacksonville Railroad
Company, and the bonds of said company, intended to be
secured by said mortgages, are hereby decl ared legal and
valid.
§ 12. This act shall be deemed a public act, and in
force from and after its passage.
Aperoved March 10, 1860.
le'jalized.
AN ACT to amend an act entitled "An act to incorporate the Peoria and In force March
Rock Island Railway Company," approved March 7, 1867. 10,1809.
Section 1. Be it enacted hy the People of the State of
Illinois^ represe7iti,d iri the General Assembly, That the May locate and
Peoria and Rock Island Railway Company be and is here- "^'" ''°**^"
by authorized and empowered to locate and, from time to
3i0 RAILROAD COMPANIES — NEW PRITILEGES.
time, to alter, change and re-locate, construct, re-construct,
equip and maintain a branch or lateral railway, with one or
more tracks, from some suitable point on the main line of
said railway, westward ly, to some point on the Mississippi
river, opposite or nearly opposite to the cit} of Mubcatine,
Privileges. lu the State of lowa ; and all the provisions of the act to
which this is an amendment, and all the rights, powers,
privileges and franchises conferred upon and vested in said
corporation in and by said act, in relation to the main line
of gaid railway, be and are hereby declared to be applicable
to said branch or lateral railway, in the same manner and
with the same force and effect as if this right and authority
hereby conferred to construct said branch or lateral railway
had been contained in said original act.
Elections valid. § 2. No election that may have been heretofore or may
be hereafter held by virtue of the provisions of this act or
of the act to which this is an amendment, for the purpose
of obtaining, making or authorizing corporate subscriptions
to the capital stock of said company, shall be held or deemed
irregular or invalid by reason of any neglect, omission, in-
formality or irregularity which may have heretofore oc-
curied or may hereafter occur in any matter, act or proceed-
ing prescribed in and by said act to which this is an amend-
ment, for the obtaining, making and authorizing such sub-
scriptions, if it shallappear that the majority of all the voters
voting on that question shall have voted "For subscrip-
tion," and a duly certified copy of the return or statement
required by section (1^) twelve of the act to which this is
an amendment, to be transmitted by the township clerk to
cartiflcate ^^^ clerk of the county, shall be received in all courts as suf-
deuce in com:, hcicnt evidence of the matters therein contained, until the
contrary is shown ; and no matter or thing heretofore or
hereafter done or informally or irregularly done or omitted
to have been done shall be held to operate to the prejudice
or delay of said company in the exercise, enforcement and
enjoyment [of all the rights, privileges, powers and fran-
chises granted and herein declared to be intended to be
granted by this act or the act to which this is an amend-
ment : J^roviiled, that the provisions thereof shall have
been complied wiih : xbid 2)r'ovided, further^ that nothing
herein contained shall be construed to require or compel
any county, city, town or township to subscribe for stock or
issue or deliver any bonds or other obligation, unless the
same be in strict compliance with the conditions contained
in election notice and the vote < f the people in pursuance
thereof.
coDBtiuction § 3. This act shall take effect and be in force on and
of act. after its passage, and shall be deemed a ))ublic act, and shall
be favoralily constiued for all purposes herein expressed.
Approved March 10, 1869.
EAILROAD COMPANIES — NEW PRIVILEGES. 341
AN ACT to amend the charter of the Quincy, Alton and St. Louis Railway In force Juue
Company. . ^^' l''*^'*-
Section 1. Be it enacted hy the People of the State of
Illinois, representt'd i7i the General Assembly, Tlmt the Branch roads,
corporation named in the title hereof be and the same is »
empowered to construct and operate a branch railroad from
any point on the route of the same to and connecting with
any railroad, built or to be bulk, extending eastwaruly to-
ward the east line of this state.
§ 2. Tills act and the act to which this is an amendment
Bhall be a public act.
Appkoved March 29, 1869.
AN ACT to amend "An act to incorporate the Quincy and Warsaw Rail- In force March
road Company." ^' ^^^^'
Section 1. Be it enacted ly the People of the State of
Illinois, represented in the General Assembly, That the Branch road.
Quincy and Warsaw Railroad Company be and the same is
empowered, under the act aforesaid, to construct, maintain
and operate said railroad, by lateral branch or other-
wise, from the city of Quincy, in Adams county, in the di- Kouteof road.
rection and by way of the town of Mendon, in said county
of Adams, to the town of Carthage or the town of Elvaston,
in Hancock county ; and should said company deem it ad-
visable may extend said railroad, in a northerly course, so
as to torm a connecnon with either the Chicago, Burlington
and Quincy, the Toledo, Peoria and "Warsaw, the Knck
Island, and the Western Union Railroad companies, of Illi-
nois, or either of said companies or their branches.
§ 2. For the purposes of said railroad, or its extension, condemnatiou
said company may condemn, in pursuance of the general '^^^'^'^'
laws of the state, private or corporate property, necessary
for the right ot way. depots, buddings and landings, and,
with the consent of the city of Quincy, may obtain use of
streets and public grounds.
§ 3. Said company, to raise money for the construction May borrow
and equipment of said railroad, or its extension, may mort- "^°^^y-
gage or convey the whole line of said road, or its extension,
or both, as the exigencies may require.
§ 4. This act shall be deemed and taken as a public act,
and shall take effect Irom and alter its passage.
Appjboved March 2, 1SC9.
342
RAILROAD COMPANIES — NEW PRIVILEGES.
In force March AN ACT to amend an act entitled "An act to incorporate the Rockford.
■i, 1SG9. Rock Island and St. Louis Railroad Company," approved February 16,
A. D. 1865.
May acquire
right of way.
Section 1. Be it enacted by the People of the State of
Illinois^ represented in the General Assembly^ That the
of ch^tTr*^™^"* P''°^^^^^"® ^"^ ^^^ ^^^ incorporating the Rockford, Rock
Island and Saint Louis Raih-oad Company, approved Feb-
ruary, 16, A. D. 1865, requiring the said company to con-
struct their said line of railroad, as set forth in section three
of said act, by way of Sterling, in the county of "Whiteside,
and by way of the city of Rock Island, in Rock Island county,
Route of road, be and the same is hereby amended, changed and altered, as
to read: "and be by way of said city of Sterling, in Whiteside
county, or point near thereto, and by way and through
the corporate limits of the city of Moline and the city of
Rock Island, in Rock Island county ;" and the said railroad
Corporate ^ow- Company, as organized, and in the exercise of its corporate
^^■* jjowers and franchises, be and is hereby enabled and em-
poweied to extend, construct, build and complete its said
railroad, in a northerly direction, by way of the most prac-
ticable and feasible route, from the city of Rockford, in the
county of Winnebago, to t'le state line, at or near the city
of Beloit, in the state of Wisconsin.
§ 2. The said Rockford, R(»ck Island and Saint Louis
Railroad Company be and it is hereby authorized, enabled
and empowered to contract for and hold in fee simple, by
by purchase or by lease or otherwise, in addition to the
lands now owned and occupied by the said company, for
right of way, depot and other purposes, any coal and min-
eral lands, or lands of what kind or nature soever, that said
company may deem expedient to so hold, as aforesaid, for,
among others, the purposes of mining therein for coal, coal
oil, iron, slate, stone, rock and other, whatsoever, the pro-
ducts of said land.
§ 3, That on and after the passage of this act, the said
railroad company shall have the power to increase its board
of directors, from nine to any number said company may
deem proper, not exceeding fifteen ; and the existing board
of directors is hereby empowered, at any regular or
called meeting, held after the passage of this act, by a vote
properly taken in that behalf, to elect such additional direct-
ors, to till up said board to the full number fixed upon by
said board, to serve as such until the next succeeding annual
election, and until their successors are elected and accept
the positions thereof, respectively.
§ 4. That said company may appoint and employ such
agents as they may I'dpiire and deem necessary for tiiesuc-
eooisful prosecution of its coal and mining business, and de-
fine the powers and prescribe the duties of such agents.
Increase of di
reciore.
Agents.
Coal m-nin
EAILEOAD COMPANIES — NEW PRIVILEGES. 3i3
§ 5. Said railroad company is hereby enabled and era- construction
" , , . ,^, •' . , "^ ^ . of branch roads
powered to construct, build, equip and operate, in connec-
tion with its main line of road, branches, extenduig from
said main line, at suitable and practicable points thereon-
one of said branches to extend from said main line of said
railroad to a point on the Mississippi river, in Eock Island
county, opposite Muscatine, in the state of Iowa ; another
thereof to extend to Keithsburg, in the county of Mercer ;
and another thereof to East Burlington, in the county of
Henderson ; another thereof from or at a point near Cleve-
land, in the county of Henry, to Geneseo, in said county :
I\'ovided, the right of way over lands for the use of s^aid
branches be procured in the mode prescribed by the gen-
eral laws now in force or which may hereafrer be in force
providing for the ctmdemnation of lands for the purposes of
internal improvement.
§ 6. Any incorporated city or any town, village or Towns and
countv, through which said railroad may pass, or which gfjck.™^^ *"^^
may be situated on or near the line of said railroad, may
subscribe to the capital stock of said company any sum not
exceeding one hundred thousand dollars, and may issue
bonds, in denominations of not less than one hundred dol-
lars, with coupons for the interest properly attached, bear-
ing interest at any rate not exceeding ten per centum, per
annum, payable annually, which bonds may run any period,
not exceeding thirty years, to be determined on by the
county court, board of supervisors, city council, town trustees
or other the legal and proper authorities authorized to issue
s.iid bonds : Provided^ that before said stock shall be sub-
scribed, an election shall be held in conformity *to the laws
in regard to ordinary state, city, county or town elections,
thirty days' notice first having been given, by publication
in at least one newspaper in the county, and six pul)lic no-
tices, printed or written, having been posted in six of the
most public places therein during the time above named,
and returns to be made in the usual way ; at which election g„|,n3ittpd to
a majority of the legal voters, voting on the question, shall legal voters.
have voted in favor of said subscription ; and, to this end^
the county court, board of superviso'-s, city council, town
trustees, or other legal and proper authority, may, from
time to time, order elections, specifying the amount pro-
posed to be subscribed ; and such city, town, village or
county is hereby authorized and required to assess and levy
a sufficient tax to pay the interest accruing on such bonds,
as expressed in the coupons thereto attached, and the j-^rin-
cipal of the 8;irae, when due ; which tax shall be assessed,
levied and collected in the same manner as other taxes are
by law required to be assessed, levied and collected,
§ 7. Any town under township organizatio'i, on or near organized
the line of tl e said railroad, may also sub^^cribe to the cap sS.'"*^ '''^^
ital stock of said company, in any sum not exceeding fifty
344: RAILROAD COMPANIES — NEW PRTVILEGES.
thousand dollars ; but no such subscription shall be made
until the question has been sabtnitted 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
Petition for the presentation of a petition, signed by at least ten citizens,
who are legal voters and tax payers of the township for
which he is clerk, in which petition the amount proposed
to be subscribed shall be stated, to post up notices in at
least six of the most public places in said town, which no-
tices shall be posted not less than thirty days before the
day of holding such elections, notifying the legal voters of
said township to meet at the usual places of voting in said
township, for the purpose of voting for or against such sub-
scription ; which election shall be held and conducted in
the manner provided by law far the election of town
officers.
Bupeivisor to § 8, If it shall appear that a majority of all the voters
sto!k.'' ** "^^ voting on that question have voted "For subscription," it
shall be the duty of the 8upervi«?or of each of said town-
ships, respectively, that shall vote for such subscriptior), to
subscribe to the capital stock of said railroad company, in
the name of the township for which he is supervisor, the
amount so voted to be subscribed, and to receive from said
Bonds to be company the proper certificates therefor; he shall, also, ex-
issued with in- J j i V . • i • ,i .• • j
teiest coupons, ecute and deliver to said company, in the name or said
township, bonds, bearing interest not exceeding ten per
centum, per annum, with interest coupons attached ; which
bonds shall run for a term not exceeding thirty years, and
the interest on the same shall be made payable annually,
and which, bonds shall be attested by the clerk of the town-
ship in the name of which the bonds are issued, and it
shall be his duty to make a record of the issuing of said
bonds, the number thereof, respectively, and the amount
of each bond so issued, and shall certify a correct copy or
record thereof to the county clerk of the county, to be by
him recorded, as hereinaiter provided for.
Duties of the § 9. It shall be the duty of the clerk of each of said
town clerk. towiisliips iu wliich a votc shall have been given for sub
scription, within ten days thereafter, to transmit to the
county clerk of the county a transcript or statement of the
votes given, and the amount voted to be subscribed to said
railroad and the rate of interest named in the bonds, which
siiall be tih!d and recorded in the office of said county
clerk, for which sail county clerk shall be entitled to a fee,
not exceeding the fees for recording papers in the settle-
uKHit of estates of decedents,
unfyoftown § 10. Should any township vote to donate a certain
isL^reboudl ^"^ 'imount to said corporation, it shall then be the duty of the
supervisor thereof to issue bonds to said corporation, as pro-
vided in section eight of this act; and it shall be the duty
of the town clerk of any town voting to donate towards the
KAILROAD COMPANIES — NEW PRIVILEGES.
345
construction of said road to notify the county clerk, as be-
fore provide!, ()f amount <»f bonds so issued, date, rate of
interest and numbers, which shall be recorded in like man-
ner in his otiice, as provided for in s-ection nine.
§ 11. It shall be the duty of the county clerk, whenever Duties of the
any county bonds and interest thereon, is-ued by any coun- coumy clerk.
ty in pu'^suance of the provisions of this act, shall be paid
in full, to take up and cancel said bonds and file the same
in his otiice, and whenever the bonds and interest thereon
issued by any city, town, township or village shall be wholly
paid, it shall be the duty of the city or town clerk to cancel
the said bonds and tile the same in the otfice of the said
county clerk; and said county clerk shall, thereafter, cease
to levy and compute upon the tax books of any such coun-
ty, city, town, township or village any taxes for the pur-
pose of paying said bonds or any interest thereon.
§ 12. It shall be the duty of the treasurer of such coun- Dutes nf the
ties in which cities, towns, townships or viihiges have voted couutytieasurer
and subscribed for stock in said railroad conapauy, or made
Btock donations thereto, to pay out, on the presentation to
him of the bonds or coupons issued by any county, city,
town, township or village, as aforesaid, the amount due
upon such bonds and coupons, out of any money in his
hands for that purpose, and take up any such bonds and
coupons he may so pay, which shall be held and treated as
vouchers in his behalf in any settlement he may have with
said county, cities, towns, townships, villages, so subscri-
bing, in pursuance of this act. Said treasurer shall, also,
be required to keep an account with each city, town, town-
ship [or] vilhifife of all money received by him and paid out
on account of the same, which account shall beat a 1 tim -s
open to inspection ; and said treasurer shall receive as tees
for the same the percentage allowed him by law for the
dislmrsement of the county funds,
§ 13. At all annual elections of said railroad company stock, how
for directors and upon all questions voted on by the stock- '•epresented.
holders of said company, the supervisor of the townships,
the mayors of the citie-, trustees of towns and villajj;es
which may subt^cribe to the stock of s lid company, as afore-
said, shall represent and cast the votes which said stock is
entitled to, in person or by lawful uroxy, in that behalf.
§ 14. The said railroad company shall, ai all times, Artirie? offered
when coal, coal oil, slate, stone, rock, or other property, .fion/'*"^^*"^**
shall be required or demanded to be transported by any
person or parties not interested or identitied in the profits
or earnings of the said railroad company, the said company
shall give the pieference and first riijht to such persons or
party, and transport such property, when so required, at
the usual rat s of trans ortation est.biished by said com-
pany, according to clai-s, in preference to transporting prop- •
erty of similar kind and class belougine: to the said rail-
Vol. m— 44
346 BAILKOAD COMPANIES — NEW PRIVILEGES.
road company, and without any delay by reason of this
provision.
§ 15. This act shall be deemed a public act, and shall
take effect and be in full force from and after its passage.
Approved March 4, 1869.
In force March AN ACT supplemental to an act entitled " An act to amend an act to in-
^ ^^^^' corporate the Rockford, Rock Island and St. Louis Railroad Compa-
nj," approved February 18th, 1865.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly, That sec-
sec. 2 amended, tion number two of an act entitled "An act to amend an
act to incorporate the Ruckfurd, Rock Island and St. Louis
Railroad Company," be amended so as tt) be as follows :
That the said Rockford, Rock Island and St. Louis Rail-
road Company be and it is hereby enabled and empowered
to hold, in fee simple, by purchase or by lease, in addititm
to the lands now owned and occupied by said company, for
right of way, depot and other purposes, any coal and min-
eral lands along the line of said road that said company
may deem expedient to so hold for the purpose of mining
therein for coal, stone and rock.
§ ::. This act shall be deemed a public act, and be in
force from and after its passage.
Approved March 4, 1869.
la force March AN ACT to legalize the transfer of certain franchises and rights of action
11, I8ti9. ^Q j.jjg Rockford, Rock Island and St. Louis Railroiid Company.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That all
Board of di- the acts and doings of the directors of the St. Louis, Alton
rectoi-b. ^^^^ Rock Islaud Railroad Company, in selling and trans-
Acts biudiug. ferring the said road to the Rockford, Rock Island and St.
Louis Railroad Company, as contained in the deed of sale
and transfer, dated the 8th day of October, A. D. 1868,
are hereby declared legal and of binding efi'ect upon all the
parties interested, either as citizens, corporations or officers
of said contracting railroad companies ; and all the acts
and doings of the county court, supervisors or city or town
authorities, in the counties of Rt)ck Island, Mercer, War-
ren, McDonoiigh, Schuyler and Cass, in ordering elections
to subscribe to the capital stock of the Rock Island and
EATLROAD COMPANIES — NEW PRIVILEGES. 34:7
Alton Railroad Company or the capital stock of the St.
Louis, Alton and Rock Island Railroad Company, are
hereby declared legal and of binding effect upon the re-
spective courjty, city or town, and its legal representatives,
ordering such elections and voting thereon.
§ 2. All subscriptions of stock heretofore voted by subscriptions
either of the counties, cities or towns named in the fi''st '^°^^^^'^"
section of this act, to the capital stock of the Rock Island
and Alton Railroad Company or to tlie St. Louis, Alton
and Rock Island Railroad Company, which remained un-
paid, in whole or in part, at the date of the transfer of said
St. Louis, Alton and R)ck Island Railroad to the Rock-
ford, Rock Island and St. Louis Railroad Company are
hereby declared vested, by v'rtue of said deed of sale and
transfer, in the Rockford, Rock Island and St. Louis R til-
road Company, the same as if they had been voted direct
to the said R tckford. Rock Island and St. Louis Railroad
Company, and the said R tckford, Rock Island and St.
Louis Railroad Company are hereby authorized, through
their president, to demand and enforce the subscription by
the legal rejjresentatives of the counties, towns or cities,
above named, of all such unpaid amounts to the capital
stock of the Rockford, Rock Island and St. Louis Railroad
Company : Provided^ ail such corporate subscriptions of
stock to the Rockford, Rock Island and St. Louis Railroad
Company, authorized by this law, shall be made upon the
same terras and conditions and with the same restrictions
as are attached to the subscriptions of private individuals '
to the said railroad company in the counties where the cor-
porate subscription is made.
§ 3. The said Rockford, Rock Island and St. Louis stock of deun-
Railroad Company are hereby authorized, through their '^'^^'^^®' *^^*"™"
presidents, to demand, enforce and receive from the le-
gally constituted authorities of any county, town or city
above named, voting stock, as aforesaid, when the can-
vassers of the votes T>rovided by law, after counting the
same, have certified that a majority of the votes cast are
in favor of or " For subscription," the amount in full, or
any unpaid balance thereof, as the case may be; which said
amount, in whole or in part, as the case may be, shall be
paid to the Rockford, Rock Island and St. Louis Railroad
Company, in the manner and form as provided by the law
authorizing the subscription ; and all certificates of legally
constituted canvassers of tlie votes of any election held in
either of the counties, towns or cities named above, where
the proposition submitted to the people was " For sub-
scription" or " Against subscription" to the capital stock
of the Rock Island and Alton Railroad Company, or to
the capital stock of the Sr. Louis, Alton and Rock Island
Railroad Company, are hereby declared legal and of bind- Transfers bind-
ing effect, and shall be taken and received by the county ^^•
court of any county or the legal representatives of any city
548
KA.ILROAD COMPAI^IES — NEW PRIVILEGES.
or town, above named, as conclusive evidence of the fact
as to the majority either "For subscription" or "Against
subscription," as the case may be; and in all cases when
the canvassers' certificate shows a majority '"For subscrip-
tion" the county court of such county or the legal repre-
sentatives of such city or town shall ptovide for the pay-
ment of the amount so voted, either in whole or in part, as
the case may be, by the issue of bonds, as provided in sec-
tion sixteen (16) of the act incorporating the Rock It-land
and Alton E-ailroad Con^pany, approved February 14th,
1855 : Provided, the expense and cost of engraving,
printing and obtaining said bonds shall be paid by the
Rockford, Rock Island and St. Louis Railroad Company :
corjioraxt Bu^o- J^fovided. further, all corporate subscriptions of stock to
the Rockford, Rock Island and St. Louis Railroad, author-
ized in the provisions of this act, si all become due and
payable at the same time and in the same proportions as
are the subscriptions of private individuals in the counties
where the corporate subscription is made: And, provide d,
further, the said Rockford, Rock Island and St. Louis
Railroad Company shall construct, complete and equip the
same within the time stipulated in the deed of sale and
transfer heretofore referred to ; and in the event of a fail-
ure of the Rockford, Rock Island and St. Louis Railroad
so to do, the franchises, privileges and rights arising under
and by virtue of this act shall be void and of no effect.
§ 4. This act shall be deemed a public act, for the pur-
poses therein expressed, and shall be in force from and
after its passage.
Approved "^March 11, 1869.
Pri^ilefres.
In force Feb. 13 AN ACT to amend " An act to incorporate the Shawneetown aud Eldo-
^^^ ■ rado Railroad Company.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Asstmhiy, That all
the rights, powers, gilts, grants, privileges and immunities
granted l)y the act to incorporate the SI'awneetown and
Eldorado Railroad Company, approved February 20, 1801,
are hereby revived and re-enacted and declaied to be in
full force and effect, excepting section eight of said act,
which is hereby repealed, and, also, except that condemna-
tion of lands fur the purpose of said railroad shall be made
in accordance with the general laws now in force or here-
after to he in force in relation to the condemnation of lands
for railroad purposes. And the said company is hereby
authorized to consolidate and unite with any other railroad
Oonpolidation
of road.
• RAILROAD COMPANIES — NEW PRIVILEGES. 349
or railroads or to lease or sell any part or the whole of its
said railr<'ad, either wholly or partially constructed, to-
gether with the righi of way and all the rights, powers and
tranchites as a corj. oration, to any other railroad company
or companies whose roads shall run in a continuous line
with this railroad and terminating at Shawneetowu ; and
the said company is hereby authorized and empowered to
extend its railroad to a point on the Cairo and Yineennefi
Railroad, in Saline county, in this state. This act shall be
a public act, and be in force from and after its passage.
Approved February 19, l8tJ9.
AN ACT to amend [an act entitled] "An act to incorporate the St. in force March
Charles Kailruad Company," in force February 18th, 1859.
Section 1. Be it enacted hy the People of the State of
llinois^ represented in the General Assembly^ That the Sec. 3 amended.
second (2) section of the aforesaid act be so amended as to
authorize and empower said railroad company to locate,
construct, establish and fiuhlly complete and use a railroad,
commencing at any convenient point within the corporate
limits of the to^n of St. Charles, Kane county, and run-
ning from there on the most eligible and practicable route
to the city of Chicago, or to connect its railroad with any
railroad now or hereafter to be built, having or seeking a
terminus at Chicago; and that the third (3) section of said
act be so amended that the capital stock of said company
may be increased to two million dollars.
§ 2. This act to be in force from and after its passage.
Approved March 27, 1869.
AN ACT to build a branch road of the St. Louis, Altnn and Terre Haute In force March
Railroad frona Hillsboro to Staunton, Illinois. ^'' ^^®^"
Section 1. Be it enacted hy the People of thp^ State of
Illinois, represented in the General Assembly, That ^^o^structonof
the St. Louis, Alton and Terre Haute Railroad Company
be and are hereby authorized to build a branch of said
railroad from Hillsboro, in the county of Montgomery, to
Sraunton, in the county of Macoupin, and for the purpose
of enalilingr said railroad company to construct the said
branch road in this act authoriz^-d to be built, said railroad
company shall be and are hereby vested with all the pow-
ers, rights, privileges and immunities by any and all the
BhO KAILROAD COMPANIES NEW PRIVILEGES. ' .■;
former acts of the legislature of this state heretofore con-
ferred upon said railroad company, for the purpose of en-
ablii)g them to build their main line of railway.
§ 2. This act shall be deemed a public act, and shall
take effect and be in force from and after its passage.
Appkoved March 31, 1869.
In force March AN ACT to amend an act entitled " An act in aid of the St. Lou's, Jack-
6, 1809. sonville and Chicago Railroad Company," approved February 13, 1863.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented m the General Assembly^ That the
Construction of St. Louis, Jacksonville and Chicago Railroad Company
°^^" be and they are hereby authorized and empowered to
construct, build and maintain bridges for the use of their
railroad over and across any stream or river within the lim-
its of the state of Illinois, which it may be necessary to
cross, in the construction of the said railroad or any branch
or branches thereof: Provided, however, that in case it
shall be necessary for said railroad to build a bridge or
bridges across any navigable stream, within the limits of
the state of Illinois, said bridge or bridges shall be so con-
structed as not materially to interfere with the navigation
of the river so crossed.
§ 2. This act shall be deemed a public act, and shall
take effect from its passage.
Approved March 6, 1869.
In force April AN ACT supplemental to an act entitled "An act to amend an act in aid
19, 1869. Qf [|,g gt l.ouis, Jacksonville and Chicago Railroad Company," approved
March 6, 1869.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That when-
Eipctions for ^^ver any township now or hereafter organized under the
Bubscriptious of towusliip Organization laws of this state, which may be situ-
ated on or near the route of the Saint Louis, Jacksonville
and Chicago Railroad, or any of its branches, as the same
has been or may hereafter be surveyed and located, shall
desire to vote upon the question of subscribing to the
capital stock of said company, it shall be lawful for the
clerk of such township to call an election for that purpose,
at any time, upon petition of at least thirty citizens, legal
voters and tax payers of said township, giving twenty days'
KAILKOAD 00MPA1TIE8 — ^NEW PRIVILEGES. 3^^
notice of the time and place of holding such election, which
notices shall be posted in at least five of the most public
places in said township : Provided^ that there shall not be
more than one bpecial election held in any one year after
the passage of this act.
§ 2. At all such elections the sum voted by each town- ^^Amqunt voted
ship shall not exceed one hundred thousand dollars, and
the bonds issued for the amount so voted may run for any
length of time, not exceeding twenty-live years, and bear
interest not to exceed ten per cent., per annum.
§ 3. This act shall take eflect and be in force from and
after its passage.
Appeoved April 19, 1869.
for.
A BILL for an act to enable the St. Louis, Jacksonville and Chicago Rail- -fn force April
road Company to acquire,additional grounds for railroad purposes in the ^' ■^'^'^*-
city of Jacksonville.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That upon Appraisers.
the application of the Saint Louis, Jacksonville and Chicago
Railroad Company to the governor of this state, for that
purpose, he shall appoint three disinterested appraisers,
whose duty it shall be, after having qualified themselves by
oath, to view and thereupon appraise the cash value of the
following described parcels of real estate, now the property
of this state, and being parcel of the grounds held by the
state for ths purposes of the Blind Asylum, in the city of
Jacksonville, Illinois, to-wit: Beginning at a point on the ^ n^escnption
north line of State street, at its intersection with Illinois
avenue, eighty-one feet aiid eleven inches west]of the centre
of the main track of the Saint Louis, Jacksonville and Chi-
cago Railroad, and running thence in a northerly direction,
parallel with the track of the said railroad, nine hundred
and twenty-four feet, to the south line of the right of way
of the Toledo, Waba>h and Western Railway ; thence,
eastwardly, along said south line, four feet and six inches,
and thence, southwardly, two hundred and forty feet ;
thence, eastwardly, twenty feet, and thence, southwardly,
six hundred and forty-nine feet and four inches to the north
line of State street, and thence, westwardly, thirty feet,
along the north line of said street, to the place of begin-
ning; and, also, a tract of land, beginning at a point on
the north line of State street, twentj'-two feet and one inch
east of the centre of the main track of the Saint Louis,
Jacksonville and Chicago Railroad, and running thence,
northwardly, parallel with the said railroad track, to the
south line of the right of way of the Toledo, Wabash and
352 KAILROAD COMPANIES — NEW PRIVILEGES.
Western Railway, and ihence, eastwardly, along said south
line, forty -four feet; thence, southwardly, parallel wifh the
Stiint Louis, Ja-iksonville and Chicaj^o Railroad, to the
north line of State street ; and then-e, westwardly, forty-
four feet, to the place of beginning : Provided^ that so much
• of said land as may be situated on the westerly side of the
main track of said railroad company shall be subject to the
joint use and occupation of said St. Louis, Jacksonville and
Chicago Railroad Company, and the Peoria, Pekin and
Jacksonville Railroad Company. Each of said companies
shall pay one-half of the amount that may be assessed by
said C(jmmis-ioner8 as the value thereof.
Report of ap- g 2. That Said appraisers, upon viewing and making the
^'^ ^ ' appraisment aforesaid, shall make a certiticate thereof, in
writing, in which the sum at which said parcels have been
appraised shall be set forth, which shall be returned to and
filed in the auditor's oflice of this state; and the said rail-
road company, upon the payment into the treasury of the
state of the sum of money at which said parcels of real
estate shall have been so appraised, may enter upon taid
parcels of real estate, so appraised, and appropriate the same
to the uses of said railroad company, for the purpose of
switches, turn-outs, and such other purposes as the conve-
nience of said company may require, m operating their
railroad.
tr^'sury*° ^*^^*^ § ^- That upou the payment of the said appraisement
into the state treasury, the treasurer shall execute his re-
ceipt therefor, which shall be countersigned by the auditor,
who shall thereupon charge the amount thereof agaiust the
treasurer, and the treasurer shall place the sauje to the
credit of the revenue fund in the treasury; and said receipt,
BO countersigned, shall be evidence of tlie right of said rail-
road c<mipanj to use and appropriate said parcels of real
estate, for the purposes herein expressed.
Compensation § 5. Said appraisers shall be allowed eight dollars per
of appmibei-s- ^^^ ^,^^ making said appraisement, whioh shall be paid by
said railroad company.
§ 6. This act shall take eflect and be in force from and
after its passage
Approved April 19, 1S69.
In force March AN ACT to amend an act ctitled "An act to incorporate the St. Louis,
25, 1S69. Sliclbyville and Tolonu Kai.road Company," approved Feb. 19, 1867.
SicoTioN 1. Be it enacted hy the People of the State of
lllinoiH^ represented in the General Assembly , That the
Extend road, gijij railroad company shall have the right and privilege of
RAILROAD COMPANIES — NEW PRIVILEGES. 353
extending tlieir said road from the town of Sullivan, in
Moulrrie c >antj, Illinois, to the eastern boundary of the
state of Illinois, on the most elii^iblo route, in the direction
of Detroit, in the state of M:chi<^an ; and that said com-
pany shall not be required to make the town of Tolono, in
Champaign county, a point on tha line of said railroad, as
required l)y the act to which this is an amendment.
§ 2. This act to be a public act, and be in force after its
passaoje.
Apj'ROVed March 25, 1869.
AN ACT to amend tbe charter of the St. Louis, Vandalia and Terre Haute In force March
Raihoad Compmy. 2' ^^"^•
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That tbe Location and
St. Louis, Vandalia and Terre Haute Kailroad Company ^°^^*''''^"''° °^
shall have full power and authority to locate, construct,
furnish and maintain a railroad, with one or more tracks,
commencing at the termination of the location of their rail-
road, at Effingham, in the county of Eifingham, in this state, Route of read.
running tlience, easterly, within one mile of the town of
Marshall, in the county of Clark, to a point on the state
line of Indiana, which they may deem the most convenient
for extending the same to the city of Terre Haute, in the
state of Indiana; and said railroad company shall have no
power or authority whatever to locate and construct their
said railroad nor to acquire the right of way therefor on
any other line through Clark county.
^ 2. The said rpjlroad company is hereby authorized Construction of
'^ , , • ^ • • branch roads.
and empowered to construct, equip, opei'ate and mamtam
branch railroads, to and from convenient points, connecting
its main road with the towns of Prairie City, in Cumber-
land county. Marine and Edwardsville, in Madison county,
and with the Mississippi river, at or near Brooklyn, in St.
Clair county, or Venice, in Madison county ; and that, for
such purposes, it shall have all the rio-hts, powers, privileges
and immunities granted in its charter and the amendments
thereto, for constructing, equipping, operating and main-
taining its main mad, and, especially, the power to obtain
right of way, depot and other grounds, necessary for the uses
and purposes af )resaid, by condemnation in the manner and
form prescribed in said charter and amendments.
§ 3. Said railroad company shall, also, have power to Right of way.
obtain right of way for water pipes, troughs or other water
ccmveyances, from springs, ponds, reservoirs or streams of
water, for railroad purposes, by condemnation, in the saite
Vol. Ill— 15
364: RAILEOAD COMPANIES — NEW PFIVTLEOES.
manner and form, and shall, also, have the power to obtain,
by condemnation, in the same manner and form, either the
grounds on which such springs, ponds, reservoirs or streams
are situated or on which any of the same may be made, or
the right simply to use the water from such places for rail-
road purposes : Provided^ that such springs, ponds, reser-
voirs or streams are situated within a reasonable distance
from such railroad or branches, for such use : And provi-
ded^ further^ that the condemnation of the right to lay
pipes, troughs or other water conveyances, shall not carry
wiih it any fee simple title to any of the lands through
which the same may be laid, but simply the right to con-
struct, lay, use and maintain the same,
con'-trnction § i. If Said railroad company shall locate and construct
n ges. their railroad, so as to cross the Wabash river at any point
in Clark county, in this state, in construciing, keepiug and
maintaining the necessary bridge or bridges fur that purpose,
said company shall construct, keep and luaintain the same,
with a span or distance between tlie piers thereof of at least
three hundred feet, and at an elevation of at least titty feet
between the high water mark of said river and the lowest
part of the structure of said bridge, so that steamboats and
other water craf s plying on said river luay pass and repass
without injury or delay.
Conflicting ftct« § 5. A.11 acts Or parts of acts inconsistent with this act
repealed. ^^^ hereby repealed.
§ 6. This act to be deemed a public act, and be in force
from and after its passage.
Appkoved March 2, 1869.
In force Feb.9, AN ACT to increase the capital stock of the Toledo, Peoria and Warsaw
I8tj9.
Railway Company.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in, the General Assembly, That the
Increase of capital stock of the Toledo, Peoria and Warsaw Railway
pi a soc . (jompany be increased eight million and three hundred
thousand dollars, and that said inciease ot the capital stock
shall be divided into eighty three thousand share^!, of one
hundred dollars each— ot which shares thirteen thousand
shall he denominated "preferred stock" and seventy thous-
and shall be denominated "common stock."
Preferred stock. g 2. The prelened stock may be further divided into
tirst and second }»referred stock, as may be provided by by-
Jaws and regulations of sai<l company.
§ 3. This act to take effect from and after its passage.
Approved February 9, 18t)9.
EAILROAD COMPANIES — AUTHORIZED. 355
AN ACT to amend an act entitled "An act to incorporato the Tuscola In lorcp March
Ohailestou and Viiiceunes Railroad Company." ''^^> ^^''•'•
Section 1. Be it enacted hy the People of the State of
Illinois, representtd in the General Assemhly, Tliat the act Act amended,
entitled '"An act to incoiporate to Tuscola, Charleston and
Vincennes Railroad Cuiupany," approved March 6, 1867,
be and the same is hereby amended, by adding, after the
words "at Tuscola, in the county of Duniilas," as they appear
in the third section thereof, ti;e words "or at any other eli-
gible ])oint northward of Charleston, in either the county
ofDouo;las, Champaign or Vermilion, that may be fixed
upon by the directors of said company."
§ 2. This act shall be deemed a public act, and be in
force from and after its passage.
Approved March 25, 1869.
KAILKO ADS— SUBSCRIPTIONS,
AN ACT to legalize certain aids heretofore voted and granted to aid in the In force Feb. 6,
construction of the Chicago, Danville and Vincennes Railroad. ^'*'^^*
Section 1. Be it enacted by the People of the State of
Illinois^representedin the G-eneral Assembly , That the taxes. Taxes,
aids and approuriatious heretofore voted by towns, townships Appropriations.
or cities along the proposed route of the Chicago, Danville
and Vincennes Railroad, or in the vicinity of said railroad,
be and the same are hereby legalized, ratitied and con-
firmed, and the appropriation so made by the township of
Yellowhead, in the county of Kankakee, on the 8th day
of June, 1868, is hereby legalized and made valid : Pro-
mded, said road shall run through said township of Yel-
lowhead. This section shall not apply to the townships of
Butler, Georgetown and Ellwood, in the county of Ver-
milion.
§ 2. Said towns, townships or cities shall be liable to pay i-'a^ie to pay
said donations, aids or appr.ipriatious, upon the terms and
conditions by them voted, whenever said railroad shall be
completed into or opposite to said towns, townships or
cities, as the case may be.
§ 3. For the purpose of facilitating the payment of the Levy taxes,
said aids, contributions or appropriations, when the time of
payment shall arrive, as hereinbefore provided, the proper
authorities of said towns, cities or townships are authorized
and required to levy and collect a sufficient per cent, to
356 RAILROAD COMPANIES — AUTHORIZED.
meet and liquidate said aids, contributions or appropria-
tions ; or said towus, cities or towns-hips may borrow money
and issue bonds tbereior, for the purpose of paying said
aids ; which said bonds may be sold in or without this
state, and at such prices as taid towns, townships or cities
may deem for their bett interests, and shall not bear a
greater rate of interest than ten per centum per annum,
and may provide that the interest be payable semiannu-
ally, and may provide that principal and interest be paid in
the city of Chicago; and said towus, townships or cities
shall have power to levy and collect taxes, as other taxes
are levied and collected, to provide for the payment of
accruing interest, and for the payment of the principal sum
when it shall become due.
Action of sn- | 4. Jje it further enacted.^ that a certain order or reso-
pervis 1 a • j^^JQjj (jj ].}jQ board of supervisors of the county of Iro-
quois, passed by said board on the seventeenth (17) day of
September, 1S68, and a certain other order or resolution of
said board, passed on the eighteenth (18) day of [Septem-
ber, 186S, extending the aid or credit of said county to assist
the Chicago, Danville and Vincennes Railroad Company
in the construction of their said railroad, be and the same
are hereby legalized, ratitied and confirmed ; and said
orders or resolutions shall be in full force and effect, upon
the terms and. conditions in said orders or resolutions ex-
pressed.
§ 5. This act shall be a public act, and be in force from
and after its passage.
Approved February 26, 1869,
In force March AN ACT to enable towns, townships, cities or counties along the line of
24, 18(;9. the Chicago, Danville and Vincennes Railroad to contribute toward the
construction of said railroad.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Ast<ernbly, That the
countiee to jiid Several counties through which the Chiciig", iJauville and
railroad, etc. Yimjeunes liailroad shall pass are hereby authorized, by
action of the board of supervisors, or by action of the
county court in counties not acting under township organi-
zation, to make appropriations, or loan the credit of such
county or counties, in such sum or sums, and upon such
terms and conditions, as they may deem proper, to extend,
and furnish aid to tlie Chicago, Danville and Vincennes
liailroad Company in constructing the said railroad : Fro-
'oided, that the que-tion as to whether such county or coun-
ties tihall make such appropriation, or loan the credit of
buch county, as hereinbefore stated, be first submitted to
EAILKOAD COMPANIES — AUTHORIZED. 357
the legal voters of such county by said board of siiperyi-
sors, or county court, as the case may bo, at any regulur or
special election called for that purjDose, twenty days' previ-
ous notice for which shall have been ojiven, designating the
amount proposed to be so contributed to said railroad, and
a majority shall have voted for the same. The posting of
said notices shall, in other respects, be regulated by the law
now in force concerning the posting of notices for the elec-
tion of county officers.
§ 2. The legal voters of any town, township or city submitted .o
along the line of said railroad, whether said railroad shall ^^^^^ voters.
run into or through said town, township or city, or not,
may, by a majority of the legal voters voting at any elec-
tion held for the purpose, make appropriations or donations
to aid in the construction of said railroad ; and the proper
authorities shall levy and collect taxes, in the manner that
other taxes are levied and collected, to promptly meet any
obligations assumed under and by virtue of this act.
§ 3. Whenever any township shall desire to contribute contributions.
toward the construction of said railroad, as provided in
section two of this act, the vote may be taken at any regu-
hi,r or special meeting, and, if at any special town meeting,
may be called as now provided by law for such meetings ;
and whenever the voters of any town or city shall desire to
contribute toward the construction of said railroad, a special
election may be held by the proper authorities of any such
town or city, upon giving ten days' notice in any newspa-
per published in such town or city, or by posting up writ- .i^oticeofeiec-
ten or printed notices in four public places in said town or
city, of the time, place and object of such election ; or su'i'h
appropriation may be voted at any regular election in such
town or city. The votes at any election held in any incor
porated town or city, for the object herein mentioned, shall
be canvassed and retu.med as at any other election in said
town or city; and in all cases, the notices given shall spe-
cify particularly tlie amount to be voted for or against at
such election, and in no case shall the appropriation exceed
the amount specified in the notice or notices.
§ 4. The authorities of any township, town or city — May borrow
such township, town or city having voted to contribute aid ^°'^°^-
in the construction of said railroad — may borrow money to lesue bonds.
promptly meet such contribution, and issue bonds of such
township, town or city, at a rate of interest not exceeding
ten per centum per armnm, payable annually or semi-annu-
ally, as they may deem best, and may negotiate the same
on such terms as they may deem advisable, and may make
the same payable at such place or places, and payable at
such time or times, as they may deem for their best interests,
and shall have power to levy and collect such taxes as may
be necessary to pay accruing interest, or pay the principal
sum.
358 EAILBOAD COMPANIES — AUTHORIZED.
Paym-nt on § 5. In all casGS wlien any township, town or city shall
roSP ^ ^^^ ° have voted to contribute any aid, as hereinbefore provided,
toward the construction of said railroad, the amount or
amounts so voted shall become due and payable as soon as
said railroad shall be completed into or opposite to any such
township, t(jwn or city.
Eight of way. § 6. The authorities of any such township, town or city
may use and appropriate (of) the moneys hereinbefore pro-
vided to be raised for the purpose of procuring the right of
• way for said railroad company, for their railroad, in the
county or counties where such township, town or city shall
be situated, and may authorize the collection of money for
such purpo-e as soon as said railroad line shall be perma-
nently hicated.
§ 7. Whatever any township, town or city along the
line of said railroad shall have heretofore done toward
securing the right of way for said railroad, is hereby rati-
fied and declared to be valid.
§ 8. All aids, contributions or appropriations heretofore
ratified'/"""""" votcd or Ordered in the counties of Cook, Will, Kankakee,
Iroquois and Vermilion, either of townships, towns, cities
or counties, are hereby ratified and confinned, upon the
terms and conditions by them, or each of them, so voted or
ordered: Provided^ that this section shall not apply to the
townships of Butler, Georgetown and EUwood, in the
county of Yermilion, nor to the appropriation made by the
county of Vermilion, by its board of supervisors.
§ 9. This shall be a public act, and shall be in force
from and after its passage.
Approved March 24,' 1869.
Validity of.
Confi'ibiitious
In force March A.N ACT to authorize the towns of Momence and G.inier, in Kankakee
27, 1(189. county, to issue bonds in aid of the Chicago, Da.Lville and Vinceuues
Railroad Company.
Preamble. Pkeamble. — Whereas, on the 11th day of July, A.D.
1868. an election was held in the towns of Momence and
Ganier, in the county of Kankakee, and state of Illinois,
and that at said election the electors of said towns voted to
issue twenty-four thousand dollars, in each of said towns,
in bonds, payable in not under ten and not over twenty
years, with interest not exceeding ten per cent, per annum,
for the ])urpose of assisting the Chicago, Danville and Vin-
cennes Eailroad Company — said money to be paid to said
company when said company shall locate and complete said
road, from the northward, to the village of Mouience; said
road to run within one-half mile of the north end of the
RAILKOAD COMPANIES — AUTHOEIZED. 359
north bridge across the Kankakee river, in the villasre of
Mumence ; the depot to be located by the legal voters, at.
an eh'ction to be held for that purpose by tlie electors of
paid towns of Moiuence and Ganier ; said depot to be built
by said company on the line of said road, as per agreement •
between said parties before said election ; and whereas the
two towns voted, also, at said election, to divide all revenue
that shall accrue to said two towns, or either of them, for
taxation of property, both personal and real, belonging to
said road, eqnally between said two towns'; and whereas the
said two towns also voted to pay for the depot grounds and
the right of way through said two towns — said necessary
funds, to be raised by taxation equally between the two
towns : therefore.
Section 1. Be it enacted ly the People of the State of
Illinois, represented in the General Asstmhly, That each i^^ue bonds,
of the said towns of Momence and Ganier are hereby au-
thorized to issue bonds, in the sum of twenty-f >ur thousand
dollars, payable in not less than ten or over twenty years,
with interest not exceeding ten per cent, per annum, and
sell the same at not less than par value, and pay the money,
when so raised, to said railroad company, when the condi-
tions, as above speciiied in the preamble, are fulfilled by
said railroad company.
§ 2. The supervisor of each town shall issue said bonds, _ Supervisors to
in sums of not less than one hundred dollars, and sell the is^^e bunds.
same ; and there shall be a special tax levied and collected,
annually, upon the personal and real property of each of
said towns, sufficient for the payment of the annual inter-
est on said bonds.
§ 3. The taxes which may be hereafter collected from uutips of the
said railroad company, for town purposes, by either or both
of said towns, shall be shared equally by said towns; and
it shall bj the duty of the collectors collecting said tax to
pay to the officers of each town to whom the same is made
payable by law, one-half of the same, when so collected.
§ 4. The authorities of each of said towns are hereby Levy special tax
authorized to levy a special tax equally upon said towns, suf-
licient to pay for the depot grounds and the right of way
through either or both [of] said towns, after the amount
necessary shall have been ascertained.
§ 5. It shall be the duty of the authorities of said towns EedTmptionof
to provide, by special tax upon all the property of said ^""^'^
towns, for the redemption of said bond.s at their maturity.
§ 6. The special taxes aforesaid shall be levied and col- Levy and col-
lected at the same time and in the same manner as the ^^'^'^""°^^''^^^'
other tixes levied by said towns; and the collector of said
towns shall hive the same rights, powers and remedies to
enforce the collection of the same, tjy sale of property, or
otherwise, as it may be provided for in other cases of town
revenue, and shall be allowed, for collecting the same, one
360 EAILKOAD COMPANIES —AUTHOKIZED.
per cent., when settlement is made by the collector with
the supervisor to whom tlie money is to be paid, when cul-
lected, except as provided in section 3.
Duties of the § 7. And it shall be the duty of the county clerk of said
couuty clerk, coimty to extend all taxes specified in this act, after the
same shall have been certified by the authorities of said
towns to said clerk.
§ 8. This act shall be deemed a public act, and shall
be in force from and after its passage.
Appkoved March 27, 1869.
In for'-e April AX ACT to enable the representatives of stock subscription to the Grarville
^> ^^^^- and Uattoon Railroad Company to donate and transfer said stock and to
legalize the election md the manner in which the st^ck was voted to aid
in the construction of said road.
Section 1. Jje it enacted hy the People of the State of
Illinois^ represented in the General AaseviUy^ That the
Aid to road. county court of Edwards county and the several boards of
supervisors of the counties of iiichland, Jasper and Cum-
l'erland,as well as the legal authorities of the towns of
Grayville and Albion, and the cities of Olney and Mattoon,
atid the several townships through which the said railroad
shall or miy be constructed, which said counties, towns,
cities and townships having voted or which may hereafter
vote stock subscriptions to said railroad, be and they are
hereby authorized and empowered by this act, to donate
the said stock subscriptions so subscribed or which may be
hereafter subscribed in aid of the construction of said rail-
road to the party or parties undertaking the construction
of the same, and shall have power, in their official capacities,
to assign and transfer the same, whether in bonds or other
subscriptions, to the said party or parties, in accordance
with any contract or contracts that now exist or that may
hereafter be entered into for the construction of said rail-
road.
Construction § 2. That nothing contained in this act shall be so con-
strued as to aflt'ect the condition and manner in which elec-
tions were ordered, stock voted to be subscribed to aid in
the construction of Haid railroad.
Elections le- § 3. That all elections held for the purpo^ie of voting
^* ^'^ ■ said stock and the numner in which said stock was voted
are hereby legalized, in all respects, and said stock to be
subscribed in the manner the s une was voted.
Nochangeroute g 4. P/otJiVAYi, that nothing herein Contained shall Ope-
rate so as to change the points or line of location of said
railroad in Jasper county, or in anywise to impair the con-
of act.
KAHEOAD COMPANIES — AUTHORIZED. 361
ditions upon which the stock subscriptions of Jasper county
was made to said road.
§ 7. This act shall be deemed and taken as a public act,
and bo in force from and after its passage.
Approved April 9, IS 09.
AN ACT to antliorize the incorporated towns and townships in the counties In force Marcn
of Living;ston,La Salle and Marshall to subscribe to the capital stock of
tlie Hamilton, Lacon and Eastern Railroad Company.
]869.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That any connties may
incorporated toY\rn or township of any county, through or subscribe stock,
near which the Hamilton, Lacon and Eastern Railroad
Company may be located or about to be located, is hereby
authorized and empowered, by a vote of the people of the
same, to subscribe to the capital stock of said company any
sum not to exceed one hundred thousand dollars each ;
which vote of the people shall be ascertained by an election
held in the manner prescribed by and in conformity with
the provisions of an act entitled "An act to authorize the
counties of Woodford, La Salle and Livingston, and the
townships, cities and incorporated towns and corporations,
in said counties, to subscribe to the capital stock of any
railroad company that now is or hereafter may be incorpo-
rated in the state of Ilhnois," approved March 6, 1867.
§ 2. It shall be the duty of the clerk of each township Dntyof conn-
which may have or may hereafter subscribe to the capital ^^ '^^^^^'
stock to said railroad company, to keep, in duplicate, a
complete register of the bonds issued, showing their num-
"oers, amount, date and rate of interest, and deliver one copy
of the same to the county clerk of his county.
§ 3. Collectors shall be allowed not to exceed one per compensaiion
cent, on all taxes collected, to pay the interest and prin-
cipal of said bonds, and treasurers not to exceed one-half of
one per cent, for receiving and paying out the same.
§ 4. This act shall be deemed a public act, and be
in tbrce from and after its passage.
Approved March 5, 1869.
Vol. Ill— 46
362 RAILROAD COMPANIES ^AUTHORIZED.
In force April AN ACT to amend an act entitled "An act authorizing certain cities, coun-
~ ' • ties, towns and townships to subscribe to the stock of certain railroads,"
in force February IS, 1857.
Section 1, Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly, That in ad-
takes?ock'^5°''^^ dition to tliG citics, counties towns and townships authorized
by the said act to which this Is an amendment, to subscribe
to the capital stock of the Ottawa, Oswego and Fox River
Valley Kailroad, the following portions of cities, counties,
towns and townships be and are hereby authorized to sub-
scribe to the capital stuck of said Ottawa, Oswego and Fox
liiver Valley Railroad, in manner as provided in said act,
except as hereinafter provided : The east half of the town
of Farm Ridge, the west half of the town of Grand Rapids,
both in the county of La Salle ; all that portion of the town
of Rutland, in said county lying in township thirty-four
north, range four east of the third principal meridian ; all
that portion of the town of Seneca, in said county, de-
scribed as follows, viz : the east half of township thirty
five north, range four east of third principal meridian, to-
gether with all that portion of said town of Seneca lying
in township thirty-five north, range five east of third prin-
cipal meridian ; all that portion of the town of Mission ly-
ing north of the north line of sections twenty-live, twenty-
six, twenty-seven, twenty-eight and twenty-nine, in town-
ship thirty-iive north, range live east of the third principal
meridian ; all that portion of the town of Aurora, in the
county of Kane, lying west of the east channel of Fox
river ; all that portion of the town of Batavia, in said
county of Kane, lying west of the east channel of Fox
river ; all that portion of said town of Aurora lying east
of the east channel of Fox river ; all that portion of said
town of Batavia lying east of the east channel of Fox river.
Question buD- 8 2. Upou the application of any fifty voters, residing
mated to le^'nl ." „ ^ . -, .'^ r, . •, . . -^ •' . ' '^
voters. in any of said portions of said cities, counties, towns or
townships, specifying the amount to be subscribed and the
terms of subscription, it shall be the duty of the clerk of
the city, county, town or township, of which the said por-
tion so applying forms a part, to call an election of the legal
voters of said portion of city, county, town or township, in
like manner as is provided in the act to which this is an
amendment : Provided, that at least thirty days' notice of
such election shall be given prior to holding the same.
lesuobSf ^^^ § 3. It shall be the duty of the proper authorities of
any of said cities, counties, towns and townships, upon a
vote being carried " For subscription," as provided by the
act aforesaid, by the legal voters of any of the said portions
of cities, counties, towns or townships, for the amount voted
for; to deliver the samo to said railroad company, at par,
voted fvjr.
KAILKOAD COMPANIBS — AUTHORIZED. 363
for its stock; to make all, necessary arrangements for the
prompt payment of the same, principal and interest, and to
levy the necessary taxes therefor upon the particular portion
so voting, as aforesaid.
§ 4. All bonds issued under this act and to be hereafter Amonnttobe
issued under the act to which this is an amendment, may ""*""*'"■
be issued in sums of from one hundred dollars to one thou-
sand dollars.
§ 5. This act shall be a public act, and shall be in force
from and after its passage.
In foece April 20, 1869.
■ This hUl bavins: been returned by llie governor with objections tlieieto, and after
recoupideraiion hiivinji: passed l)oth houses liya constitutional raajoiity, it has l)ecome
a law this twentieth day of April, A. O. 1869. EDWARD KUMMEL,
Seeretaay of State.
AN ACT to authorize certain cities and counties to indorse railroad bonds. lu force April
11, 1860.
Section 1. Be it enacted by the People of the State of
Illinois, rejpresented in the General Assembly, That the
city of Ottawa, in the county of La Salle, the city of An- indorsemenii
rora, in the county of Kane, to the county of Kendall bondt"^"'^^^*^^
and the county of Kane, may, by their proper authori-
ties, indorse the iirst mortgage bonds of the Ottawa, Oswe-
go and Fox Kiver Valley Kailroad Company, in sums as
fallows, to-wit : The city of Ottawa, for $100,000; the city
of Aurora, for $100,000; the county of Kane, for $200,000 ;
and the county of Kendall, for ^150,000 : Provided, the
majority of the legal voters voting in the cities and coun-
ties aforesaid shall vote in favor of such indorsement, as
hereinafter provided. Question sub-
§ 2. Upon the petition of fifty legal voters of either of SJ*'' "^"^
the cities or counties named in the first section of this act,
specifying the amount of bonds to be indorsed, it shall be
the duty of the clerk of such city or county to call an elec-
tion, in the same manner as other city or county elections
are called, for the purpose of determining whether the said
city or county will indorse said railroad bonds ; notices of
which election shall be given at least thirty days before
holding the same. If a majority of said voters shall be
for indorsement, then the board of supervisors, having ju-
risdiction over county matters in said county, or the corpo-
rate authorities of said city, shall cause such indorsement
to be made, guaranteeing the payment of interest and prin-
cipal of said bonds. The corporate authorities having in-
dorsed said bonds, the chairman of the board of supervi-
sors and the ma3'or of said city shall be, ex officio, directors
of said railroad company, and shall have the same voice in
364 KAILKOAD COMPANIES — ATJTHOEIZED .
the management of the affairs of said railroad company as
other directors.
May vote for § 3. From and afrer the indorsement of said bonds by
the proper authorities, they will be entitled to cast one vote
for the election of directors of said company for every $100
of bonds they may indorse, as provided in the 2nd section
of this act.
Eccora^ of § 4. ~ At the time of the indorsement of said bonds, the
proper authorities shall cause to be entered upon their re-
cords the date, number and amount of each bond, the rate
of interest, when and where payable. The ballots shall be
printed or written " For indorsement" or "Against indorse-
ment."
§ 5. This act shall be in force from and affer its pas-
sage.
Appkoved April 14, 1869.
directors
bonds issued.
In force April AN ACT to enable township 1*7, range 10 west, to subscribe to the capital
15j 1''69- stock of the Peoria, Peliin and Jacksonville Eailroatl Company.
Section 1. Be it enacted hy the People of the /State of
Illinois, represented in the General Assembly, That an
Question sub- elcctiou of the legal voters of township seventeen (17),
voters. ° ^^^ range ten (10) west, shall be held at Yirginia, in said town-
ship and county of Cass, on the first Saturday in Alay next,
l)etween the hours of eight o^clock A. M. and six o'clock
P. M., to decide whether the said township will suhscribo
fifteen thousand dollars to the capital stock of the Peoria,
Pekin and Jacksonville liailroad Company, and pay for the
same as provided in the act. Said election shall be called
and conducted in conformity with the laws of this state
governing other elections, and the vote at said election
shall be by ballot, and in the following form, to wit : " For
subscription" and "Against subscription;" and if, after the
returns and canvass of said vote, it shall appear that a ma-
jority of the legal voters of said township, voting at such elec-
tion, have voted " For subscription" then it shall be thereby
determined that the said township has agreed to subscribe
and will pay the sum of fifteen thousand dollars to the cap-
ital stock of the said Peoria, Pekin and Jacksonville Rail-
road Company ; and it shall ha the duty of the president of
the board of school trustees for said township to make such.
subscrijUion, in the name and in behalf of said township,
and to receive the proper certiticate for such stock, when
payment therefor shall have been made to said company ;
and, thereupon, the said stock so acquired from the said
railroad comj)apy ehall belong to ths school fund of said
RAILROAD COMPANIES — AUTHORIZED. 365
township, subject to the control and disposition of said
board of school trustees ; and all income and profits arising
therefrom shall be apportioned and distributed to the several
school districts in said townsliip as are other moneys de-
rived from the common school fund.
§ 2. William AV. Easley, Samuel H. Petefish, and John judges of cier.-
H. Wood, are hereby appointed to be judges of said elec- *'""^®'
tion — a majority of whom may act ; and it shall be their
duty to cause public notice of said election to be posted np
in three or more public places in said township, for at least
fifteen days previous thereto, and also to transmit to the
clerk of Cass county, within ten days after said election, a
transcript or statement of the vote given ; and, thereupon,
if it shall have been determined that said township has
agreed to make such subscription, tiie said judges shall cer-
tify thereto, and it shall be the duty of the said clerk to
apportion and extend such a rate per cent, upon all the
taxable property in said township, as shown by the tax roll
of said county for the year 1869, as will be sufficient to
raise the said sum of fifteen thousand dollars and costs of
collection. The apportionment eo made shall be extended
upon the collector's books, and delivered by said clerk to
the sherifi' of said connty, who shall collect the same with
the state and county taxes for the year 1869 ; and, when
collected, the said sura of fifteen thousand dollars shall be
paid to the treasurer of said county, whose duty it shall be
to keep the same as a separate fund, and pay the amount
thereof, on demand, to the said railroad company. The
failure to paj'' such taxes shall be attended by the same
consequences, in all respects, as follows the non-payment of
state and county taxes.
§ 3. If, for any reason, the said judges shall be unable substitutes to
to officiate at the time appointed for holding said election,
John M^ Epler and A. G. Angier, or cither of them, may
act as substitutes to fill any vacancy in their number.
§ i. This act shall be deemed a public act, and be in
force from and after its passage.
In force April 15, 1869.
This bill having; been returned by the governor with objections thereto, and after
reconsideration having; passed both houses by a constitutionalmajoiirv. it has become
a law thia flfteenth day of April, A. D. 1869. EDWARl^ RUSOIEL,
Secretary of State.
AN ACT to empower county courts and the corporate authorities of cities . ^^ ,. ,,, ■
and incorporate towns to subscribe to the stock of the Rockford, Kock ° sg^ISGO.^'^*^
Island and Saint Louis Railroad.
Section 1. Be it enacted hy the People of the State of
Illinois^ rejyresentcd in the General AssemUij, That the
county courts and the corporate authorities of cities and in-
366 RAILROAD COMPANIES — AUTHORIZED.
countiea au- corporated towns in counties not having township organi-
Btockr'^^°*^^^ zation, and the corporate authorities of towns and cities in
counties that have township organization, be and are hereby
authorized and empowered, if the Rockford, Roclv Island
and Saint Louis Railroad shall run through any part of
such county or counties, to subscribe to the stock of said rail-
road, not to exceed three thousand dollars per mile for the
distance said railroad traverses said county, and not ex-
ceeding the sum of ten thousand dollars for every thousand
inhabitants, when the subscription is made by the corpo-
rate authorities of cities or incorporated towns : Provided,
such subscription may be increased to an amount not ex-
ceeding five thousand dollars per mile, by consent of the
majority of the legal voters of such county, city or town,
signified either by petition or an election for the purpose :
And provided, /mother, that no such subscriptions shall be
made by the corporate authorities of any county, city,
township or town, until the question of making such sub-
scription shall have been submitted to a vote of the legal
voters thereof, at a general election or a special election to
be called for that purpose; and no such election shall be
held until at least thirty days' notice of such election shall
be given in the manner now provided by law — such notice
to specify the amount of such proposed subscription.
Mnnicipaicor- § 2, The bouds of any municipal corporation, so sub-
Tssife bouds™**^ scribing stock, may he issued and negotiated in payment of
such subscription, at par ; and such bonds shall be signed
by the presiding oflicer of such corporation and counter-
signed by the clerk and attested by the seal of said corpo-
ration, if it have one, if, not, by the private seal of the
])resident ; and such bonds may bear interest not exceeding
ten per cent., payable annually, and to run not exceeding
twenty years ; and bonds so executed shall be valid and
binding on such municipal corporation issuing th'e same,
and may be collected in any court of competent jurisdic-
tion.
§ 3. Tliis act to be a public act, and bo in force and
efi'ect from and after its passage.
AiTROVED March 26, 1869.
In force .Tann AN ACT to authorize tlio comity of Scott to subscribe to tlic stock of the
ary ua, 1809. Ilockford, Kock Island and Saint Louis Railroad.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the
County author- county court of Scott couuty be and is hereby authorized
stock.**' ^ ° and empowered to subscribe to the stock of the Rockford,
Rock Island and St. Louis Railroad Company in any sum
RAILKOAD COMPANIES — AUTHORIZED. 3f.7
not exceeuiiif^ one liimdred tliousand dollars, and to issue
and negotiate the bonds of said county to provide for the
payment thereof: Provided, the proposition to make sucli Proviso,
subscription shall have been first submitted to the legal
voters of said county, at an election called for that purpose,
and a majority of those voting at such election shall have
voted for such subscription : And provided^ further, that
the proceedings shall be in all other respects in conformity
to the general laws in force empowering counties and cities
to subscribe to the stock of railroad corporations.
§ 2. This act to be taken as a public act, and be in force
from and after its passage.
Approved January 28, 1869.
AN ACT to anieml an act; approved January 2S(1, 18G9, entitled "An act In force March
to authorize the county of Scott to subscribe to the stock of the Rock- '^^' ■'^^^•
ford, Rock Island and St. Louis Railroad."
Preamble. — Whereas, the general assembly, at its pres- Preamble.
ent session, by an act, approved January 23d, 1869, author-
ized the county court of Scott county to subscribe in any
sum, not exceeding one hundred thousand dollars, to the
stock of the liockford, Rock Island and St. Louis Railroad
Company, on cordition that the proposition so to subscribe
should have been first submitted to the legal voters of said
county, at an election called for the purpose, and a majority
of those voting thereon should have voted for such sub-
scription ; and whereas, an election was holden, pursuant
to previous legal notice, upon said proposition, on the 19tli
day of January, 1869, at which a large majority of those
voting voted in favor of making a subscription of fifty
thousand dollars to the stock of said railroad, in conformity
with the provisions of an act to which this is an amend-
ment ; now, therefore, for the purpose of removing all
question as to the validity of said election, and any sub-
scription or other action in pursuance thereof:
Section 1. Be it enacted hy the People of the State cf
Illinois, represented in the General Assembly, That the
vote of the voters of Scott county, at an election, held on , vote for
1 -^1- ,. -r -, r r.f^ ,1 •.• i. subscription ol
the 19tli day oi January, 1869, upon the proposition to stock legalized,
subscribe fifty thousand dollars to the stock of the Rock-
ford, Rock Island and St. Louis Railroad Company, be and.
is hereby declared legal and valid, to all intents, and deem-
ed and held to confer upon the county court of said county
the authority and power and to make it the duty of said
court to subscribe said sum of fifty thousand dollars to the
stock of said railroad, and to issue and negotiate the bonds
36S EAILEOAD COMPANIES — AUTHORIZED.
of said county, for the same, in pursuance of the order of
the court calling said election and the general laws in force
authorizing counties and cities to subscribe to the stock of
railroad corporations, and to levy and collect taxes for the
payment of the principal and interest of such bonds, ac-
cording to law, and as fully, perfectly and with the same
legal effect as if a majority of all the votes cast at the last
previous election for national, state and county officers, had
been at said railroad election cast in favor of such subscrip-
tion.
§ 2. This act shall be taken and construed as a public
act, and to be in force from and after its passage.
Appeoved February 8, 1869.
In force Marcli
25, ]8tt9.
AN ACT to authorize certain counties and towns tiieroin named to sub
scribe stock in railroad companies.
Counties an- Section 1. J^e it eiiactecL hy the People of- the State of
^^0^^'^^^^°^^^^ P^ii'^iois, rej^resented in the General Assembly^ That the
counties of Rock Island, Mercer, Warren, McDonough,
Schuyler, Cass, Scott and Greene, and the several towns
in such of said counties as have adopted township organi-
zation, be and they and each of them are hereby author-
ized and empowered to purchase or subscribe for shares of
the capital stock in any railroad company already organized
or hereafter to be organized, v/liich passes in whole or in
part through the said counties or towns, or any or either of
them, to such an amount as any of the said counties and
towns, or either of them, shall determine and deem best
and proper ; and the stock so purchased or subscribed for
shall be under the control of the corpoi-ate . authorities of
the county or town making such subscription, in all respects
as stock owned by individuals,
fsiihsciiptious § 2. Subscriptions to the capital stock of any such rail-
""' *"'""" road com])any may be made by an agent appointed by the
board of supervisors in counties that may adopt township
organization, b}^ the county court in counties that have not
adopted township organization, on behalf of said counties,
and by the town auditors of any town, when such subscrip-
tion is made by a town, upon such terms and conditions as
the corporate authorities of any such countj^ or the town
authorities of any such town may prescribe; and for the
payment of such stock so subscribed or purchased the
board of supervisors of such of said counties as have or
may adopt township organization, the county courts of such
how taken.
RAILROAD COMPANIES — AUTHORIZED. 369
of said counties as have not adopted township organization,
and the town auditors of any such towns making such sub-
scriptions or purchase are hereby authorized and empower-
ed to borrow money, at a rate of interest, not exceeding
ten per cent., per annum, or such counties and towns may
pay for the same in tlie bonds, orders or warrants of sucii
county or town, to be drawn for that purpose, in sums of
not less than one hundred dollars, to run not exceeding
twenty years, bearing not exceeding ten per cent, interest,
per annum, payable annually ; and the faith of any such
county or town shall be pledged for the annual payment
of the interest upon such bonds, orders or warrants, and
for the ultimate [payment] of the principal of the same.
^ 3. The railroads already incorporated or that shall Bonds mpay-
• IHGllt of SUl)
hereafter be incorporated by any law of this state, passing scripUons.
in whole or in part through any of the said counties or
towns, are hereby authorized to receive the bonds, orders
or warrants of any of said counties or towns, in payment
of the capital stock of such company, at par, in lieu of cash,
and to dispose of them as they may think proper and best
for the purpose of constructing such roads or equipping the
same.
§ 4:. All such bonds, orders or warrants of any of said ^j^^^^^^^^^^^ ^^
counties shall be issued by the clerk of the county court,
under the seal of this office, upon the order of the count}^
authorities ; and all such bonds, orders or warrants of any
such towns shall be issued by the town clerk of such town,
upon the order of the town auditors ; and upon issuing any
such bonds, orders or warrants, the county clerk or town
clerk, as the case may be, shall make registration thereof
in a book to be kept for that purpose in his office, showing
the date, the amount, number, time of maturity, and rate of
interest of such bond, order or warrant ; and on presenta-
tion of any such bond, order or warrant, issued by any
town under this act, at the office of the county clerk, for
registration, he shall cause the same to be registered in his
office, in a book to be kept for that purpose, and such regis-
tration shall show the date, amount, number, time of ma-
turity and rate of interest, and by what town the same was
issued ; and such clerk shall certify, under the seal of his
office, on such bond, order or warrant, "whether issued by
the county or town, the fact of such registration, for which
he shall receive such fees as shall be allowed by the board
of supervisors or county court of such county.
§ 5. Upon the return of the assessors' books, in each Dnties of tiie
year, to the clerk of the county court, said clerk shall upon county cieik.
making out t!ie collectors' books of such county, or of the
towns of such county, ascertain the amount of principal
and interest for the current year, due and accrued or to
to become due against such county or any of the said
towns, upon such county or town registered indebted-
Vol. Ill— 47
370
EAILROAD COMPANIES — AUTHORIZED.
ness for said year, and shall . upon the basis of the said
assessment for said year, estimate and determine the rate
per centum on the valuation of the property within said
county or town, requisite to meet and satisfy the principal
and interest so due or to become due for such year, togeth-
er with ordinary costs for the collection and disbursement
of the same ; and the said per centum, so ascertained by
the clerk, shall be entered and extended by the clerk on the
collectors' books, and collected the same as county revenue.
Duties of conn- § 6. Said fund 6, when collected, shall be paid over to
J leabuier. ^^^^ treasurer of the county within which said funds shall
have been collected, the same as county revenue, and by
him shall be kept as a separate and distinct fund, for the
payment of said indebtedness ; and upon the presentation
to said treasurer of any such rec^istered indebtedness, he
shall pay the amount of principal and interest due for the
current year, out of the fund aforesaid, and cause the same
to be credited on the bond, order or warrant upon which
such payment is made.
Duties of town ^ 7. It shall be the dutv of the town clerk, when issu-
ing any bonds, orders or warrants under this act, to pre-
sent them to the county clerk of the county in which such
town is, and cause the same to be registered, before the
same are delivered by said town clerk.
neciect°of'(inty/ § ^- ^^^ officer who shall willfully refuse or neglect to
perform any duty required of him under this act, shall be
liable to indictment, and, upon conviction, shall be removed
from office and fined in any sum not exceeding one thou-
sand dollars.
of^t^'.' °^ ^^^^ § 9. None of said counties or towns shall, under the
provisions of this act, levy more than one dollar and fifty
cents on each one hundred dollars' valuation, as assessed
for any one year.
mitfeTto" le^ai § ^^' ^^ subscriptiou to stock shall be made by any
voters. ° of the countics or towns herein mentioned; under the pro-
visions of this act, unless the same is submitted to a vote
of the people of such county or town, as the case may be,
and unless the same shall receive a majority of the votes
cast upon such question at such election. Such question
shall be submitted in such manner as the county authorities
may determine as to the county, or as the town auditors
may determine as to towns.
toSdef ^'"'^ § 11- ^^^ elections hereafter to be held in any of the
said counties or towns, in relation to subscribing to the
capital stock of any railroad company, a majority of the
votes cast at such election shall determine the question thus
submitted and passed upon, any law heretofore enacted to
the contrary notwithstanding.
§ 12. This act shall be deemed and taken as a public
act, and shall take effect and be in force from and after its
passage.
Approved March 25, 1869.
RAILROAD COMPANIES — AUTHORIZED. 371
AN ACT relating to conditional votes for subscription to the capital in force Marcj
stock of railroad companies in the county, cities, towns or townships, in 2T, 1S69.
Rock Island county.
Question (<ub-
itted to
oJ electors.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the
county of Kock Ishind, in the state of Illinos, and all the
cities, towns, or townships belonging- thereto, having been
authorized by law to call .elections for the purpose of vo-
ting for or against subscription to the capital stock of any
railroad company, or corporation, proposing to locate and
construct a line or road within the limits of said county,
cities, towns or townships, with the understanding and
agreement between the proper authorities of such railroads
and the people so voting that the subscription shall be upon
the condition that such railroad line shall be permanently
located and constructed within the limits aforesaid, it
shall be unlawful for the authorities of said county, cities,
towns or townships to issue the bonds for subscription, so
voted, until the terms, agreements and conditions shall be
fully complied with on the part of such railroad authori-
ties.
§ 2. And^ he it further enacted, that any officer of said au honzed to
county, cities, towns or townships, lawfully authorized to ^"^^ election,
call elections for the purpose of voting for or against sub-
scription to the capital stock of any railroad company, if
any conditions shall be agreed upon and understood be-
tween such railroad authorities and the people so called
upon to vote, it shall be the duty of such officer to write
or print or cause to be written or printed, in the body of
such call or notice for an election, any conditions or under-
standing, if any, as shall be agreed upon between the rail-
road authorities and the people so called upon to vote.
The same conditions shall be written or printed upon each
ballot cast in favor of such conditional subscription ; and
if a majority of the electors shall vote " For subscription"
thus conditioned, such vote shall be of no binding force or
effect in law until said railroad company shall have per-
formed all of its covenants and conditions. This act is
intended to apply to all cases of conditional subscription to
the capital stock of railroads, contemplated or proposed, to
be constructed within the limits of Kock Island county, as
aforesaid, whether now existing or may hereafter exist,
and shall forever bar all actions or suits in law, in any
court of this state, for the recovery of any bonds or interest
thereon voted conditionally^ as aforesaid, except in cases
where suits are pending in the courts at the passage of this
act.
§ 3. This act shall be deemed a public act, and shall
be in full force and effect from and after its passage.
Approved March 27, 1869.
372 KAILROAD OMPANIES — LEGALIZED.
In force Marcli AN ACT to authorize certain towns in Hancock county to take stock in
30, 1869. a railroad company.
Section 1. Be it enacted hy the People of the State of
lUinois, represented in the General Assembly, That any
Authorized to town in the county of Hancock, into or through which the
take stock. gonora Kaih'oaci Company shall locate their road, be and
is hereby authorized to subscribe to the stock of said com-
pany, upon the same terms and conditions and subject to
the same restrictions as the town of Sonora is by the char-
ter of said company authorized to subscribe to the stock
thereof; and if such subscription shall be made a tax shall
be levied to pay the interest, the same as provided in said
Proviso. charter in relation to Sonora: Provided^ that no such sub-
scription shall be made by any of said towns until the
question of making such subscription shall have been sub-
mitted to a vote of the legal voters of such tov/n, at a regu-
lar election or a special election called for that purpose ;
<ind in all cases at least thirty days' notice of such election
sluill be given in the manner now prescribed by law; and
if at such election a majority of all the votes cast shall be
in favor of such subscription, it shall be lawful for such
town to subscribe to the capital stock of said company the
amount mentioned in the notice of such election, and not
otherwise.
^ 2. This act shall take effect and be in force from and
after its passage.
Appeoved March 30, 1869.
RAILROAD SUBSCRIPTIONS— LEGALIZED.
In force March AN ACT to legalize a certain election therein mentioned in the township
31, 18Uy. of Brimfield, in Peoria county.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That a
Subtcription certain election held in the township of Brimfield, in
legaired! "'""' Pcoria county, on the third day of August, 18G8, at which
a majority of the legal voters in said township, in special
town meeting, voted to subscribe for and take lifteen thous-
and dollars of the capital stuck of the Dixon, Peoria and
Hannibal Railroad Company, over and above the amount
authorized to bo taken by the charter of said company, is
hereby legalized and confirmed, and is declared to be bind-
JBAILROAD COMPANIES — LEGALIZED. 373
ing upon said township, and may be collected from said
township in the same manner as if said subscription had
been made under the provisions of said charter.
§ 2. This act shall be deemed a public act, and shall
be in force from and after its passage.
Approved March 31, 1869.
AN ACT to legalize a certain election therin named. Id force April
17. 1S69.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That a cer-
tain election held in the township of Elmwood, in Peoria subscription
county, on the sixteenth day of March, Anno Domini, one legaiSed.
thousand eight hundred and sixty nine, at which a majority
of the legal voters in said township, in special town meet-
iiig, voted to subscribe for and take forty thousand dollars
of the capital stock of the Dixon^ Peoria and Hannibal
Kailroad Company, over and above the thirty-five thousand
dollars which was, on the same day, subscribed for and
taken in accordance with the provisions of the charter of
said company, is hereby legalized and confirmed, and is de-
clared to be binding upon said township ; and the said for-
ty thousand dollars, . when subscribed according to the
conditions of said vote, may be collected from said town-
ship in the same manner as if the said subscription had
been made under the provisions of said charter.
§ 2. This act shall be deemed a public act, and shall
take efiect and be in force from and after its passage.
Approved April 17, 1869.
AN ACT to legalize the proceedings of the electors of the towns of Edgar, In force March
Ross, Shiloh, Prairie, and Young America, in the county of Edgar and -^i 1S69.
state of Illinois, at special town meetings, respectively held in said sev-
eral towns, on the 28th day of December A.D. 1867, in relation to issuing .
bonds and appropriating money to secure an interest in the Indiana and-.- '*
Illinois Central Railway Company, and to aid in the speedy completion
of the same for other purposes therein mentioned. \
Whereas, on the 12th day of December, A. D. 1867, Preamble.
on the request of the town officers and twelve free-
holders of the town of Edgar, In the county of Edgar, and
state of Illinois, a special town meeting of the legal voters
of said town was called for the purpose of holding an elec-
tion, authorizing the levying of a tax and the issue of bonds
by the town auditors, to be signed by the supervisor and
374 EAILROAD COMPAIJIES LEGALIZED.
town clerk, to obtain an interest in the Indiana and Illinois
Central Railway Company, and to aid in the speedy com-
pletion of said railway — bonds to be issued in sums of fifty
dollars and one hundred dollars each, to bear ten per cent.
interest from January 15, 1868, and payable on or before
March 1, A.D. 1870, to raise the sum of $2,365.56, and
that the board of supervisors cause the tax to be levied, ex-
tended and collected as the other taxes are levied and col-
lected, to pay said bonds when they fall due, to be held at
the usual voting place in said townships, for the purpose of
voting for or against said proposition on the 28th day of
December, A.I). 1867 ; and whereas, in the towns of Young
America, lioss, Shiloh and Prairie, on a like request, town
meetings were called at the respective places of holding
town meetings in said several towns, for the purpose of
voting upon a like proposition, the said town of Ross to
raise the sum of §1,633 ; town of Young America, $1,-127;
the town of Shiloh, the sum of §1,339.61 ; and the town of
Prairie, $1,217 — said town meetings to be held, respective-
ly, in said several towns on the 28th December, A.D. 1867 ;
and whereas, on the said 2Sth day of December, A.D. 1867,
town meetings were held in said several townships, and a
inajority of the legal voters of said several townships voted
to accept said proposition, and to raise said several sums
of money by said terms, respectively, as aforesaid ; and
whereas, on the faith of the aforesaid action of the people
of said several towns, at their said several town meetings,
as aforesaid, and at the request of the people of said sever-
al townships, Hiram Sanford, Milton M. Dill and George
Harding, bought, in trust for said several towns, in pro-
portion to the sums of money voted by them, thirteen hun-
dred and eleven shares of the capital stock of said railroad, said
shares being fift}'- dollars each, on the 29th day of January,
A.D. 1868, for the sum of eight thousand dollars, upon the
payment of which said sum of eight thousand dollars, to-
gether with ten per cent, interest thereon from the said
29th day of January, A.D. 1868, until paid to the said
Sanford, Dill and Harding, they, the said Sauford, Dill and
Harding, were to surrender said railway stock to said sev-
eral towns, in proportion to the sums so voted and raised
vby them respectively. Whereas, also, it has been doubted
^ by some whether the said electors of said several towns
4, and the board of town auditors of said several towns have
the power, by aad under the law, to do what they have
done aforesaid ; therefore.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented i)i the General AsseinMy, That the said
several elections, votes and proceedings, held on the said
. ,„ <,,_„, 28th day of December, A.D, 1867, in the said several towns
Aclsconflrmou „ ^r a • 1> 1-» • • t-i i i -n •^ 1
and legalized, of Young America, Koss, 1 rairie, iiidgar, and fehilou, in
said county of Edgar, and state of Illinois, and all and
RAILROAD COMPANIES — LEGALIZED* 375
singular the acts done and to be done in pursuance of said
proceedings, or any or eitlier of them, be and the same are
hereby confirmed and in all respects fully legalized and
declared valid.
§ 2. That said towns of Young America, Ross, Prairie, g^'^^^^Q^^^^ '^^'
Edgar, and Shiloh, shall have full power and. authority to
cause said bonds to issue for the amounts respectively voted
by them, and in the manner and terms by them directed,
and to receive, in lieu thereof, pro rata share of said capital
stocks of said Indiana and Illinois Central Railway Com-
pany, and to hold and own the same, so purchased by the
said Sanford, Dill and Harding, in trust for them, as afore-
said ; and that the said board of supervisors of Edgar coun-
ty, Illinois, be and they are hereby authorized and em- Levy ana coi-
powered to cause a tax to be levied, extended and collected 'ecuou of tax.
as other taxes are extended and collected, on said several
towns, respectively, for the amounts of said bonds so, re-
spectively, issued by them, as aforesaid, and for the inter-
est thereon and the cost of collecting said taxes.
§ 3. This act shall be deemed a public act, and shall .
take effect from and after its passage.
AprKovED March 26, 1869.
AN ACT to legalize tlie elections of the people of certain townships therein m force March
named, for subscription to the capital slock of the Hamilton, Lacon and 5, ISiitt.
Eastern Railroad Company.
Section 1. Be it enacted hy the Peo]?le of the State of
Illinois^ represented in the General Assembly, That the
election held at a town meeting in and for the township of subscriptions
Lacon, in the county of Marshall, and state of Illinois, at valid "and Wna^
which a majority of all the votes cast were for a subscrip- ^'^^•
tion of sixty thousand dollars to the capital stock of the
Hamilton, Lacon and Eastern Railroad Company, is here-
by, in all things, legalized and made binding and valid,
notwithstanding their was no law existing at the time said
election was held authorizing the people of said township to
vote for subscription to the capital stock of said company ;
and the supervisor of said township is hereby authorized
and empowered to make a binding and valid subscription
for said capital stock, and issue the bonds of said township
therefor, according to the terms of the notice in pursuance
of which said town meeting and election for stock were
held ; and no error, omission, mistake or other informality
shall be held to affect or invalidate said subscription or said
bonds ; and all courts and tribunals shall liberally construe
all acts, things and proceedings pertaining to said election
376 RAILROAD COMPANIE — LEGALIZED.
and the subscription for said stock and issuing of said bonds,
so as to carry out the will of the people thus expressed.
Election pro- § 2. And he it further enacted, that all the provisions of
^ifcabie?^*^^^^" ^^0 preceding section shall be and are hereby applied to
the elections held in each of the townships of Reading,
Long Point, Newton, and Sunbur}^ in Livingston county,
for subscription to the capital stock of said railroad company,
so far as the same are applicaable.
§ 3. This shall be deemed a public act, and be in force
from and after its passage.
Approved March 5, 1869.
Id force Marcli AN ACT to legalize the vote of Pike county, subscribing railroad stock to
4, 1S69. the Hannibal and Naples Railroad Company and the Louisiana and
Pike County Railroad Company, and the subscriptions made in pursuance
thereof.
Section 1. Be it enacted ly the People of the State of
Illinois, represented in the General Assembly, That the
E'ection de- votc cast at an election held in the county of Pike, on the
ciared legal and 24.th day of December, A. D. 1867, to subscribe one
hundred and tifty thousand dollars to the capital stock of
the Hannibal and Naples Railroad Company and one hun-
dred thousand dollars to the capital stock of the Louisiana
and Pike County Railroad Company, and the subscriptions
of said stock to said companies by the county clerk of said
county, in pursuance of said vote, be and the same are
hereby declared legal and valid, in all respects.
§ 2. This act shall be in force and take efi'ect from and
after its passage.
Approved March 4, 1869.
In force March AN ACT to legalize the net of the city council of the city of Quincy, Illi-
27, 18G0. nois, subscribing to the capital stock of the Mississippi and Missouri Air
Line Railroad Company.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the
Acts ipo-aiized ficts of the city council of the city of Quincv, from June
ana coDtomcd. 2d, A. D. 1868, to August 2Sth, A. D. 1868," in ordering
an election on the i)roposition to subscribe the snm of one
hundred thousand dollars to the capital stock of the Missis-
sippi and Missouri River Air Line Railroad Company, and
the subscription to said stock, and all other acts of said
RAILROAD COMPANIES — LEGALIZED. 377
council, in connection therewith, are hereby legalized and
confirmed.
§ 2. This bill shall be in force from and after its
passage.
ArPRovED March 27, 1869.
AN ACT to legalize the vote of the town of Winchester, taken December In force March
2'Jt!i, 18G8, authorizing a subscription to the stock of the Rockford, Rock- 8,1S69.
Island and St. Louis Railroad Company.
"Whereas the town of Winchester, in Scott county, Preamble.
on the 29tli day of December, A. D. 1868, in pursuance ol
an order of the president and trustees of said town, held
an election upon the question of authorizing said president
and trustees to subscribe the sura of thirty thousand dollars
to the stock of the Eockford, liock Island and St. Louis
Eailroad Company, and to issue the bonds of said town in
payment of said subscription ; and whereas, at said elec-
tion, a large majority of all the legal voters of said town
voted in favor of authorizing said subscription ; therefore.
Section 1. Be it enacted by the People of the State of
Illinois, reyresented in the General Assembly, That the vote for stock
said election, held by the town of Winchester, in Scott ^'^^^ ''''^ ^""'^•
county, on the 29th day of December, A. D. 1868, autho-
rizing a subscription to the stock of said Eockford, Eock
Island and St. Louis Eailroad, is hereby declared to be
legal and valid, and to authorize and empower the presi-
dent and trustees of said town, for the time being, to sub-
scribe such stock, on behalf of said town, to the amount of
thirty thousand dollars, to said Eockford, Eock Island and
St. Louis Eailroad, and to issue the bonds of said town, in
such sums, on such time, and at such rate of interest, as is
provided for and prescribed in the order of said president
and trustees calling said election, and to negotiate the same,
at par, for the construction of said railroad.
§ 2. The president of the board of trustees of said town of President of
Winchester, as the agent on behalf of the corporate authori- ized*'^®?o'"^'take
ties of said town of Winchester, may, and he is hereby ^^°'^^-
authorized to subscribe to the capital stock of the said
Eockford, Eock Island and St. Louis Eailroad Company,
in pursuance of the vote taken upon that question by the
voters of said town, on said twenty-ninth day of December,
A. D. 1868, to the amount of thirty thousand dollars.
And, for the payment of such stock, so subscribed, the
president and trustees of said town of Winchester may pay
for the same in the bonds of said town, to be drawn for
that purpose, in pursuance of the order of the said presi-
Vol. Ill— 48
378 EAILKOAD COMPANIES — LEGALIZED.
dent and trustees of said town, in calling said election ;
which bonds shall be signed, on behalf of the corporate
authorities of said town, by the president of said town and
attested by the clerk of said town.
§ 3. This act to be in force from and after its passage.
Approved March 8, 1869.
In force March AN ACT to amend an act entitled " An act to authorize the inhabitants
10, 1869. Qf ^hg incorporation of the town of St. Charles to subscribe to the stock
of the St. Charles Raih-oad Company," approved February 21, 1859.
Section 1. Be it enacted hy the Feople of the State of
Illinois J represented in the Oeneral Assemhly^ That section
Section one of one (1) of Said act be amended by striking out the word
act amended, "fifteen," as it occurs in the fifth line of said section, on
page 68-i, laws of Illinois, 18.59, and inserting in lien there-
of the word " fifty ; " and, also, by striking out the word
" three," as it occurs in the next to the last line of said sec-
tion one (1), and inserting in lieu thereof the word " ten ;"
and also, by striking out the word " ten," as it occurs in the
11th line of section two (2) of said act, and inserting in lieu
thereof the word " twenty ;" and, also, by striking out the
words " by the president of the board of trustees," as they
occur in the fifth and sixth lines of section three (3) of said
act, and inserting in lieu thereof the words "in writing by
ten legal voters ;" also, by striking out the word " fifteen,"
as it occurs in the 7th and 11th lines of section five of said
act, and insert in lieu thereof the word " fifty ;" also, by
striking out the word " four," as it occurs in the eighth
line of the 6th section of said act, and inserting in lieu
thereof the word "ten."
§ 2. This act to be in force from and after its passage.
Appkoved March 10, 1869.
In force March AN ACT to revive and continue in force an act approved February 25,
30,18(50. 1867, enabling the town of Warren, in Jo Davieds county, to issue
Ijonds for railroad purposes.
Section 1. Be it enacted by the People of the State of
Illinois^ represented in the General Assembly, That an
Act revived. '^^^ entitled " An act to enable the town of Warren, in Jo
Daviess county, to issue bonds for railroad purposes," ap-
proved February 25, A. D. 1807, be and the same is here-
by revived and continued in force for the period of three
RAILROAD COMPANIES — LEGALIZBD. 379
years, subject to all the provisions and stipulations therein
contained.
§ 2. This act shall tjike effect and be in force from and
after its passage.
Approved March 30, 1SG9.
AN ACT to authorize subscriptions and donations to the capital stock of In force March
tlie Western Union Railroad Conipan)-. 2^' 1^^^-
Section 1. JjB it enacted by the Peoj)le of ike State of
Illinois, represented in the General Assembly, That any counties au-
county, city, town, village or township through which the ^^^^^^^^^'^ ^°- ^
Western Union Railroad may pass, or which may be situa-
ted on or near the line of said railroad, may subscribe to
the capital stock of said company any sum not exceeding
one hundred thousand dollars, and may issue bonds in de-
nominations not less than one hundred dollars, with cou-
pons for interest attached, bearing interest at any rate, not
exceeding ten per centum, payable annually ; which bonds
may run any period, not exceeding thirty years, to be de-
termined on by the county court, board of supervisors, city
council, town trustees, or other the legal and proper au-
thorities, authorized to issue bonds : Provided, that before
said stock shall be subscribed, an election shall be held in
conformity to the laws in regard to ordinary state, city,
county or town elections, thirty days' notice first having
been given, by publication in at least one newspaper in the
county and six public notices, printed or written, having
been posted in six of the most public places therein, du-
ring the time above named ; and returns to be made in the
usual way— at which election a majority of the legal
voters voting on the question shall have voted in favor of
said subscription ; and, to this end, the county court, board
of supervisors, city council, town trustees, or other legal
and proper authority may, from time to time, order collec-
tions, specifying the amount proposed to be subscribed.
And such city, town, village or county, is hereby authorized
and required to issue and levy a sulticient tax to pay the
interest accruing on such bonds, as expressed in the cou-
pons thereto attached, and the principal of the same when
due ; which tax shall be assessed, levied and collected in
the same manner as other taxes are by law required to be
assessed, levied and collected.
§ 2. Any town under township organization, on or organized
near the line of the said railroad, may also subscribe to the S stoct. "^"^
capital- stock of said company, in any sum not exceeding
jifty thousand dollars. But no such subscription shall be
380 RAILROAD COMPANIES — LEGALIZED.
made until the question 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 re-
quired, upon the presentation of a petition, signed by at
least ten citizens, who are legal A^oters and tax payers of
the township for which he is clerk, in which petition the
amount proposed to be subscribed shall be stated, to post
up notices in at least six of the most public places in said
Q'^estiou sub- town, which notices shall be posted not less than thirty
^oterl ° ^'^^ days before the day of holding such election, notifying the
legal voters of said township to meet at the usual places of
voting in said township for the purpose of voting for or
against such subscription, which election shall be held and
conducted in the manner provided by law for the election
of town officers.
vi?on^'°^^"^"' . § ^- ^^ ^^ ^^^^^ appear that a majority of all voters vo-
ting on that question have voted " For subscription " it shall
be the duty of the supervisor of each of said townships, re-
spectively, that shall vote for such subscription, to subscribe
tu the capital stock of said railroad company, in tlie name of
the township for which he is supervisor, the amount so voted
to be subscribed, and to receive from said company the
])roper certificates therefor ; he shall, also, execute and de-
liver to said company, in the name of said township, bonds,
bearing interest not exceeding ten per centum, per annum,
with interest coupons attached, which bonds shall run for
a term not exceeding thirty years, and the interest on the
same shall be made payable annually, and which bonds
shall bo attested by the clerk of the township in whose
name of which the bonds are issued, and it shall be his
duty to make a record of the issuing of said bonds, the
number thereof respectively, and the amount of each bond
60 issued, and shall certify a correct copy or record thereof
to the county clerk of the county, to be by him recorded as
hereinafter provided for.
Diitics of the § 4. It shall be the duty of the clerk of each of said
townships in which a vote shall have been given for sub-
scription, within ten days thereafter, to transmit to the
county clerk of the county a transcript or statement of the
votes given and the amounts to be subscribed to said rail-
road, and the rate of interest named in the bonds, which
shall be filed and recorded in the office of said county clerk,
fur which said county clerk shall be entitled to a "fee not
exceeding the fees for recording papers in the settlement
of estates of decedents.
,„nv.c"PT'^?' ^ S- Should any township vote to donate a certain
may issue bonds i , , . -, '' . . i -n , , ■, ■^ , n ,^
amoftnt to said corporation, it shall then be the duty oi the
supervisor thereof to issue bonds to said corporation, as
provided in section three of this act ; and it shall be the
daty of the town clerk of any town voting to donate
towards the coustruction of said road, to notify the county
KAILROAD COMPANIES — LEGALIZED. 381
clerk, as before provided, of amount of bonds so issued,
date, rate of interest, and numbers to -which shall be re-
corded in like manner in his office, as provided for in sec-
tion three.
§ 6. It shall be the duty of the county clerk, whenever Further antiee
any county bonds and interest thereon, issued by any °^'^°^'^'^'^''^'''"
county in pursuance of the provisions of this act, shall be
paid in full, to take up and cancel said bonds, and lile the
same in his office; and whenever the bonds and interest
thereon issued by any city, town, township or village, shall
be wholly paid, it shall be the duty of the city or town
clerk to cancel the said bonds and file the same in the of-
fice of the said county clerk ; and said county clerk shall
thereafter cease to levy and compute upon the tax books of
any such county, city, town, township or villa<jje, any taxes,
for the purposes of paying said bonds or any interest there-
on.
§ 7<. It shall be the duty of the treasurer of such coun- tH'Jgfg °^*^^^°'
ties in which cities, towns, townships or villages have voted
and subscribed for stock in said, railroad company, or made
stock donations thereto, to pay out, on the presentation to
hira the bonds or coupons issued by any county, city, town-
ship or village, as aforesaid, the amount due upon said
bonds and coupons, out of any moneys in his hands for
that purpose, and take up any such bonds and coupons he
may pay, which shall be held and treated as vouchers in
his behalf in any statement he may have with said county,
cities, towns, townships or villages so subscribing in pur-
suance of this act. Said treasurer shall also be required to
keep an account with each city, town, township or village,
of all moneys received by him and paid out on account of
the same, which account shall be at all times open to in-
spection ; and said treasurer shall receive as fees for the
same the percentages allowed him by law for the disburse-
ment of the county funds.
§ 8. At all annual elections of said railroad company, Who author-
for directors, and upon all questions voted on by the stock- ^ °'^^^ '°*'
holders of said company, the supervisors of the townships,
the mayors of the cities, trustees of towns and villages,
which may subscribe to the stock of said company, as afore-
resaid, shall represent and cast the votes which said stock
is entitled to, in person or by proxy, in that behalf
§ 9. This act shall be deemed a public act, and shall
take effect and be in full force from and after its pas-
sage.
Approved March 27, 1869.
>82 KAILKOAD COMPANIES, TAXES. — KECOEDS, TBANSCRIBED.
RAILROADS- TAXES.
In force April AN ACT in relation to the Hamilton, Lacon and Eastern Railroad Company,
16, 1869. and the local taxes thereon, in the counties of Livingston, La Salle and
Marshall.
Section 1. Be it enacted ly the Feojpie of the State of
Illinois^ represented in the General Assembly^ That the
Kfiiiroaci pi-o- Hamilton, Lacon and Eastern Railroad and its branches,
taxed. its grounds and property, real and personal, shall be taxed
in the same proportion as other property in the counties,
towns, cities and townships and districts through which
said road may pass; and all taxes so levied, except state
taxes, shall be paid by said railroad company, on the entire
line of road, direct to the counties, cities, towns and town-
ships which have subscribed to the capital stock of said
company, in proportion to the amount they may each have
severall}' subscribed, to be applied by them, severally, in
the payment of their bonds issued for stock and the interest
thereon, until all the bonded indebtedness created by them
for railroad purposes shall l)e extinguished : Provided^
that the same shall in no way or manner lessen or interfere
with the state taxes on said railroad and branches.
§ 2. This shall be deemed a public act, and shall be
in force from and after its passage.
In force April 16, 1869.
This hill having lieen returned by the governor with objections thereto, and after
reconsideration tiaviug passed both houses by a constitutional maiority, it has become
a law this twentieth day of April, A. D. 1869. EDWARD KUMMEL,
Sacretaay of State.
RECORDS -TRANSCRIBING.
3n force March AN ACT entitled an act to transcribe certain records in the county of
80. 18«9- Clinton.
Whereas, the records of the county court (formerly
commissioners' court) of the county of Clinton, from the
year 1825, beginning Eeb. Tth, and terminating Sept., 1850,
and also the deed records of said county, to wit: Books
A and B — 1 and 2, have been recorded in books of a very
inferior quality, now much dilapidated and ill suited for
cribed.
KECOBDS — TBANSCKlIiED. 383
such purposes; and whereas, it is of much importance that
all public records should be perpetuated ; therefore,
Be it enacted^ etc., that the clerks of said county be and Records traus-
are hereby authorized to purchase suitable books for the " ' '
transcribing of said records in their respective offices, and
that their compensation for such services be the same as
they are now allowed for work of a similar character.
This act to be in force from and after its passage.
Appkoved. March 30, 1869.
AN ACT to authorize the circuit and county clerks of Franklin county to J^ torQ.e March
transciibe and index certain records therein named. so, isew.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assemhly, That the Records trans-
clerk of the circuit court of Franklin county be and he is '^^'^^'i-
hereby required to procure, at the expense of said county,
a suitable and well bound book, and transcribe therein all
orders, judgments, decrees and entries, to be found in the
old circuit court order book of said county, commencing
with the March term of said court, 1837, called "Book C,"
and completely index the same.
§ 2. And, be it further enacted, that said circuit clerk Execntion
be and he is hereby required to procure, at the expense of '^°'^^^''-
said county, a well bound book, and transcribe and copy
therein all the entries, from 1836 to 1859, to be found in
the old execution docket, "Book B," now in his office, and
index said entries as now required by law, and that here-
after said book, when so completed, shall be known and
designated as "Execution Docket Book B — No, 1."
§ 3. That said clerk shall, also, index the order book of ciorktomake
said court, called "B," containing the orders and judg- ^°'^®^*
ments of the circuit court of said county, from the year A.
D. 1845 to 1855 ; and that said order book, when so in-
dexed, shall be known as " Order Book B — No. 1," and
the general order book of said court, in which the judg-
ments and decrees are entered and recorded, from the year
A. D. 1855 to 1860, shall hereafter be known as " Order
Book B — No. 2," of said court, and that the general order
book " C," of said court, in which is entered and recorded
the orders and judgments of said court, from the year 1860
to 1867, shall hereafter be known as " Order Book C — No.
2," of said court.
§ 4. And he it further enacted, that the said circuit Fees of circuit
clerk shall receive the same fees and compensation for the '=^^'''^-
services required under this act as circuit clerks are now
entitled to receive, by law, for such original services, to be
paid out of the county treasury of said county.
338 RECOKDS — TEANSCRIBED.
Clerk of coun- § 5, And be it further enacted, that the clerk of the
ildex." '^^^ ^ county court of the said county of Franklin be and he is
hereby authorized and required to procure, at the expense
of said county, suitable and well bound books, with alpha-
betical index, and transcribe therein all the orders and en-
tries now to be found in the old probate records of said
county, lettered *' A," " B " and " C," respectively ; that
said county clerk shall enter said orders and entries, under
proper and convenient heads and divisions, and index the
same as the work progresses.
Time for com- s Q And le it further enacted that said county clerk
pletlon ol work. " , J . • -, r- t • • > i • j. i
complete the work herein required or him Mathin twelve
months from the passage of this act, and that when said
work is completed, according to the provisions of this act,
the said county clerk shall receive the same compensation
for each hundred words transcribed by him, under the pro-
visions of this act, as the county recorder of said county is
now entitled to receive for recording deeds, together with
the same fees for indexing as the recorder of said county is
now entitled to receive for single indexing deeds ; which
compensation shall be paid out of the county treasury of
Franklin county.
§ 7. This act shall take effect and be in force from and
after its passage.
Apfkoved March 30, 1869.
In force March ^x A,CT to autliorize tlie clerk of the county court of Franklin county to
~''' ^^^''*' transcribe tlie old probate record, E, of said county, and also the old
marriage record, and to index the same.
Section 1. £e it enacted ly tlie People of the State of
Illinois, represented in the General Assembly, That it is
hereby made the duty of the clerk of the county court of
and iudex"re- Franklin county to transcribe and correctly index the old
cords. probate court record '^ B," and old marriage record of his
office into new and suitable books for that purpose.
Payor clerk. g 3, Said clei'k shall receive for his services for trans-
cribing and indexing said record the same fees for each one
hundred words that arc now allowed or may hereafter l)e
allowed by law to the recorders of the several counties in
this state, for recording and indexing deeds, to be paid for
out of the county treasury of said county when the work is
completed : Provided, said work is completed by the first
day of September, A. D. 1869.
§ 3. This act shall take clfect and be in force from and
after its passage.
ArvRovED March 26, 1860.
EE00KD8 — TKAN8CEIBED. 385*.
AN ACT coneorning records in Hancock county. In ^i!f^° i)?"^"^^'^
Section 1. Be it enacted by tfie People of the State of
Illinois, represented in the General AssemUy, That tho
board of supervisors of the county of Hancock, in this state, ^r^l^g^p^fijlj/" ^^
are hereby authorized and empowered to provide a suitable
book or books, into which the clerk of the circuit court and
ex officio recorder of said county, shall transcribe any and
all faded, obliterated and illegible record of deeds, mort-
gages, powers of attorney, and other instruments in writing,
recorded in tho recorder's otHce of said county, which the
said board, or their agents for that purpose appointed, may
deem proper to have so transcribed.
§ 2. The clerk shall note, in writing, at the end of each ^^feotl. *'"^'^"'
instrument so transcribed or on the margin of tho record
thereof, the time when the same was originally recorded,
the volume and page from which it was transcribed, togeth-
er with the date the same was so transcribed ; also, shall
note, in writing, on the margin of the record or at the end
of each certificate so recorded, the time of filing and record-
ing thereof,
§ 3. All such records, so transcribed and recorded, validity of
whether done before or after the passage of this act, shall ^'^^'^^"'p^i*^"-
have the same force, validity and efiect as is allowed to
other records, and copies, duly certified thereof, shall have
all the legal force and effect of the original record.
§ 4. Said clerk shall have and receive, for transcribing Pay of cicik.
said records and recording said certificates, a reasonable
compensation, to be paid by order of said board, out of the
county treasury of said county.
§ 5. This act shall be deemed a public act, and courts
shall take judicial notice thereof, and to take effect and be
in force from and after its passage.
Approved March 80, 1869.
AN ACT to provide for transcribing certain records of Marion countv, in force March
Illinois. " i!9, 1S69.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That Henry
C. Moore, clerk of tho circuit court and ex officio recorder Transcribe and
of said county, be and he is hereby authorized and empow- ^^'^^^ records.
ered to transcribe indexes numbered two, being indexes
from grantor to grantee, and from grantee to grantor, of
deeds, mortgages and other instruments of writing, belong-
ing to the recorder's ofiice of said county.
Vol.111— 49
^86 RECOEDS — TEANSCEIBED.
Record books § 2. That tliG couutv court of Said county eliali provide,
Qrnished. ^•^^. ^|^^|. p^-^j-p^gg^ |.^q -^g}} Lound books.
Tranecviption § 3. That Said transci'ipt, when made, compared and
made valid. properly certified by the said clerk and ex officio recorder
of said county, shall have all the legal force andefi'ect of the
original record.
Pay of clerk. § 4, For transcribing said records, said clerk and ex
officio recorder shall receive the sum of five cents for each
tract or parcel of land described, to be paid out of the county
treasury of said county.
§ 5. This act to take eflect and be in force from and af-
ter its passage.
Approved March 29, 1869.
In force Mavch AN ACT to authorize certain recordg to be transcribed and liept in Menard
30,1869. county, Illinois.
Section 1. Be it enacted hy the Peoi^le of the State
of Illinois^ Teyresented in the General Assembly, That "W"il-
„ New record of liam J. Estiil, clerk of the circuit court of Menard county,
^^^ "' shall copy, or employ some suitable and competent person
or persons to copy, into a well bound book or books, to be
purchased by said clerk, at the expense of said county, all
deeds relating to land lying ,in said Menard county, and
which deeds were recorded in the county of Sangamon
previous to the organization of said Menard county.
Access to Sail- § 3. The said clerk, person or persons hj him employed
feMrds. '^"'"^''^ to procure copies as aforesaid, shall have full access to the
records and books of the recorder's ofiice of the county of
Sangamon, for the purpose of making such copies, with the
original record in his office.
Date of ori^'i- § ^' ^^ ^^® ^^^ 0^' ^^^^ deed copicd, as aforesaid, the
nai record. ^' persou copyiug the same shall note the volume and page of
the record from which it is copied.
Errors to be § 4. After Said records of deeds shall have been copied,
corrected. ^^ provided by this act, the said clerk, or his legally con-
stituted deputy, shall carefully compare such copies, so
made, with the original record, and if he finds any mistakes
or errors he shall correct the same, by notes in the margin
of such copies, and shall make a certificate of the correct-
ness of such copy, under his hand and the seal of the said
circuit court, at the end of each volume of such copies.
Evidence of ro- § 5. Said rccords, so copied into said books, shall be
cord. evidence, and copies from said books shall bo received in
the same manner as copies of the original records.
Pay of clerk. g 0. The Said cii'cuit court of the said Menard county
shall receive, for each copy so made, the sum of twenty
cents for every one hundred words contained therein, and
the sum of ten cents for each tract of land or town lot de-
RECORDS — TRANSCRIBED. 387
scribed therein, to be paid out of llie county treasury of
said Menard county, on the completion of the copying of
said records, on the order of the county court of said county,
which said court shall then make.
§ 7. Tlie said clerk shall make, or cause to be made, cro?H index
a complete cross index from the grantor to grantee and gr°antl«."^'"^ '"
from grantee to grantor, of all lands and town lots con-
veyed and copied, as aforesaid, as is now required by law
in cases of original records of deeds ; and the said clerk
shall receive, for making such indexes, such pay and com-
pensation as sliall be deemed fair and just, and the clerk
of the county court of said county shall be directed to
draw an order on the treasurer of yaid county for the
same.
§ 8. All acts and parts of acts coming in conflict with conflicting acts
the provisions of the foregoing act shall be deemed to have ''^p^'*® '
no force or efi'ect in the county of Menard.
§ 9. This act shall be deemed a public act, and take
effect from and. after its passage.
Approved March 30, 18G9.
AN ACT to transcribe certain records in Monroe county. In force March
31, 1869.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assemhly, That the
clerk of the circuit court of Monroe county is hereby an- Records trans-
thorized and directed to transcribe into suitable books, to
be by him procured for that purpose, all the records of the
proceedings of said circuit court, (complete records ex-
cepted), from January 1, 1816, to the August term, A. D.
1839, of said circuit court, inclusive, and all the records of
proceedings of the county commissioners' court of said
Monroe county, had previous to the year A. D. 1820, and
to prepare convenient, direct and inverse indices for the
records so to be transcribed,
§ 2. The records so to be transcribed and other records Numbered in
of proceedings of said circuit court, shall be numbered in ^^"f^cutive or-
their consecutive order, and shall be known and referred
to by their numbers respectively. And said records, when
60 transcribed and certitiod, copies thereof shall be evidence
in the courts of this state, of equal force and validity with
the original records and certified copies thereof.
§ 3. The said clerk shall be allowed for transcribing Payor qie^fe,
and comparing said records the same fees now allowed by
law for entering decrees in said court, and for preparing
indices the fees provided by law for indexing cases and
proceedipgs iii said circuit co\4rt, wb|ch fees shall be paid
588 SAVINGS COMPANIES — INCORPORATED.
out of the county treasury of said county, upon the order
of the county court thereof, to be made upon the certificate
of said clerk of the amount due and upon wliat account.
§ 4. This act is declared to be a public act, and in force
from and after its passage.
Approved March 31, 1869.
SAVINGS COMPANIES— INCORPORATED.
lu force March AN ACT to incorporate the Young Men's Savings Association of
"^^ '^^- Ciiarleston.
Section 1. £e it enacted hy the People of tlie State of
Illinois^ representsd in the General Asse7nUy, That L. C.
Coiporatore. Dunbar, J. E. Cind, R. S. Hodgen, W, S. Coon, C. Clarey,
I. N. Underwood, and all such persons as shall become
stockholders in the corporation hereby created, and their
successors, shall be a body politic and corporate, by the
Name and style, name and style of "The Young Men's Saving Associa-
tion," and shall have a common seal, which they may alter
or renew at pleasure ; power to plead and be impleaded,
defend and be defended in all courts of law and equity ; to
have and exercise power incident to corporate bodies. Said
corporation shall be located in the town of Charleston, in
the county of Coles.
i^iVhTiltm § ^- -^ majority of the corporators herein named may
bcnp on. pj.QgQg(j ^Q open books for subscription to the stock of said
corporation, and shall, at the same time or thereafter, de-
signate a time and place for the first election of directors
t)f said company, by parties subscribing to the stock there-
of ; and each share of stock so subscribed for shall be en-
titled to one vote.
caiiitai Block. § 3. Tho Capital stock of said corporation shall be twenty
thousand dollars, with power to increase the same to one
hundred thousand dollars, and shall be divided into shares
of one hundred dollars each, which shares shall bo personal
property, subject to taxation, and shall be transferable on
the books of the corporation in accordance with the rules
thereof.
May receive § 4. Said Corporation shall ^havc tho ^owcr to receive
fiuureHr"^''"^ deposits of money from all persons, including minors and
married women, and ])ay interest thereon, not exceeding six
])cr cent, per annum, and may also except and execute such
trusts as may bo committed to it by any person or by order
of any court, Qjjd may ubo gi}ii improve tho samo by in-
SAVINGS COMPANIES — INCOKPOBATED. '38\)
vestments in bonds or other securities, or loans at any rate
of interest not exceeding that allowed bylaw; but in all
cases of loans said corporation shall take property, real or
personal, as security. Said corporation may make, alter
and amend such by-laws, rules and regulations, for the
management of its affairs, as are not inconsistent with the
laws of this state or of the United States.
§ 5. The said corporation shall have power to purchase MaypnrchoBe
and hold such real estate as may be necessary for the trans- estate^"^'^ ^'^^^
action of a bona fide banking business, and to take and hold
any real estate as security for and in payment of loans and
debts due and to become due to the corporation, and to
purchase real and personal estate at any sale to enforce its
securitities or the payment of debts due, made by virtue of
any process, mortgage or deed of trust, and to hold or sell
and convey the same.
§ 6. The business of said corporation shall be conducted ^ Board of ahec-
bya board of not less than ten directors, to be elected aunu- ''"^^'
ally by the stockholders, who shall hold their offices until
their successors are elected and qualified. The directors
shall be stockholders, residents and freeholders of the said
county, owners of unincumbered real estate in said county
of the value of fifteen thousand dollars. Each share of stock
shall be entitled to one vote, and may be cast in person or
by proxy. The board of directors shall elect a president
and cashier, and such other officers and agents may be ap-
pointed or employed as said corporation or its officers may
sec proper.
§ 7. Before said corporation shall commence business, stockhoiderd
the stockholders shall pay the several amounts subscribed, J^,j ^'^^ '^J' ^"
in full, and the same and all increase of said capital stock
shall be invested and so remain invested in bonds of the
United States, the state ot Illinois, or the city or county
where said corporation is located, and no increase of said
capital stock shall be made at any time unless the amounts
thereof shall be paid into the said corporation at the time
of the issue of such stock ; and the whole capital, includ-
ing such increase, shall not exceed in amount the actual
value of the property of said corporation at the time of the
issue of such increased stock. And the said corporation
shall also satisfy the auditor of state that the capital stock
has been paid and invested, as aforesaid ; and the auditor
shall grant a certificate thereof, which shall be recorded in
the office of the clerk of the circuit court of said county,
when it may be lawful to commence business.
§ 8. The corporation shall invest at least one-third of luvcstmeut
its deposits in bonds of the United States, of the state of "^^p"^"^-
Illinois, or of the city or county wdiere the office of the cor-
poration is located. Deposits shall not be received to any
amount exceeding ten times the amount of the capital stock
and accumulated surplus fund. The corporation may re-
390 SAVINGS COMPANIES — INOORPOEATED.
Notice to be cjuire thirty days' notices to be given by the depositors of
given by depoei- j^jg ^^, j^^j, intention to withdraw his or her deposits or in-
terest; which provision shall be printed on every pass
book, receipt or certificate issued. In makinor loans on real
estate, the property shall be certified by an oflicer or agent
of the corporation, to be worth at least double the amount
of the loan ; and a certificate shall also be made by the
counsel to the corporation or some responsible and com-
petent counselor at law that the title is perfect and the
property is free from incumbrance. When these conditions
are complied with, preference shall be given to laboring or
working men, women or clerks, who deposit with the cor-
poration, and who desire to borrow money from the corpor-
ation to purchase or secure a house,
stockholders § 9. Whenever default shall be made in the payment
held responsible Q^ ^j-iy ^^^^ q^, liability co3itracted by said corporation, the
stockholders shall be hold individually responsible for an
amount equal to the amount of stock held by them, respec-
tively, and such liability shall continue until six months
after an assignment of tlie stock and publication of a notice
thereof in a newspaper published at the said county of
Coles.
Report of bu- § T^O. A report of the amount of capital stock, the de-
mado^ ^'^ ^'^ posits, the manner in which the same is invested, and the
liabilities of said corporation, and the receipts and pay-
ments of cash, and on what account, changes in invest-
ment since the last statement, profits and losses, from sales
or purchases of securities at premium or below par, from
foreclosure of mortgage or sale of real estate, or from any
other sources, and any other items or facts which should
afi'ect in any manner the financial condition of said cor-
poration, with a statement as to the condition of said cor-
poration on the first day of December, in each year, shall
be filed with the auditor of state on or before the fifteenth
day of December, iu each year. The auditor of state, by
himself or deputy, may visit said corporation and ascertain
its condition, and, for that purpose, may have access to all
books and papers of the corporation, and he may examine
the ofiicers under oath. The auditor shall be entitled to
three cents for each mile in going or returning and five
dollars for each day occupied in such examinations, which
shall be paid by said corporation. In case the capital
stock shall bo impaired by losses, the stockholders shall be
assscssed l)y the directors within thirty days, p7'o rata, ac-
cording to the amount of stock held, to make good any
such deficiency. If any stockholder shall fail to pay such
assessment within thirty days, after the notice thereof, his
stock may bo forfeited to the said corporation and re-issued
and sold to other persons.
Violation of §11. AVhenevertheauditor shall ascertain and determine
V5be(i.^°^ P^°" that said corporation has violated the provisions of this
SAVINGS COMPANIES — INCOEPOKATED. 391
act, or is not conducted in accordance therewith, it shall be
his duty to commence proceedings to procure a forfeit-
ure of the franchises or privileges of said corporation. If
the court shall decide that the information is sustained it
shall render judgment of ouster, and order the affairs of the
corporation to be wound up by the auditor or appoint a re-
ceiver for that purpose. The auditor or receiver, as the
case may be, shall receive such compensation as the court
may allow.
§ 12. It shall be the duty of the auditor, before the j^^mjuai Btate-
first day of January in each year, to cause to be printed, for mem by auditor
the use of each member of the generql assembly, an ab-
stract of the annual statement of said corporation.
§ 13. The Corporation hereby created shall not engage Banking pro-
in any commercial or exchange banking business, and shall ^^°^^^^
confine its business exclusively to the receipt and care of
savings and trust fands, and shall be subject to the pro-
visions of any general law of this state which may hereafter
be passed on the subject of savings banks.
§ 14. This act shall be void unless said corporation shall Act, when void.
organize and proceed to business within two yesrs after the
passage of this act.
§ 15. This act shall be deemed a public act, and shall Real estate
be in force from and after its passage. Said association '^^ * '
shall only hold so much real estate as may be reasonably
necessary for the conduct of its business.
Appkoved March 29, 18G9.
AN ACT to incorporate the German Savings Bank of Chicago. jq j^j.^.^ March
26, 1869.
Section 1. Be it enacted ly the People of the State of
Illinois^ represented in the General Asse?nhly, That Peter corporators,
Schutler, Anthony C. Hessing, Charles Worth, Andrew
Schull, Reuben Reubel, Francis Biug, Edward S. Solomon,
and ail such persons as shall become stockholders in the
corporation hereby created, and their successors, shall be
a body politic and and corporate, by the name and style of Name and style
"The German Savings Bank;" and shall have a common
seal, which they may alter and renew at pleasure ; power
to plead and be impleaded, defend and be defended, in all
courts of law and equity ; to have and exercise powers in-
cident to corporate bodies. Said corporation shall be loca-
ted in the city of Chicago, in the county of Cook, in the
state of Illinois.
§ 2. A majority of the corporators herein named may open books for
proceed to open books for subscripton to the stock of said Bubscription.
company, and shall, at the same time or thereafter, desig-
392 SAVINGS COMPANIES — INCOKPOEATED.
iiate ca time and place for tho first election of directors of
Baid company by parties subscribing to the stock thereof;
and each share of stock so subscribed for shall bo entitled to
one vote.
Capital stock § 3. The capital stock of said corporation shall be two
hundred thousand dollars, with power to increase the same
to five hundred thousand dollars, and shall be divided into
shares of one hundred dollars each ; which shares shall be
deemed personal property, subject to taxation, and shall be
transferable on the books of the corporation in accordance
with the rules thereof.
Married wo- § 4^- The Said Corporation shall have power to receive
^|^'|°'^™^^3°';! deposits of money from all persons, including minors and
tors. married women, and pay interest thereon, not exceeding
six per cent, per annum, and may also accept and execute
such trusts as may be committed "to it by any person or by
the order of any court, and may use and improve tho same,
by investment in bonds or other securities or loans, at an}^
rate of interest not exceeding that allowed by law ; but in
all cases of loans said corporation shall take property, real
or personal, as security. Said corporation may make, alter
and amend such by-laws, rules and regulations for the man-
agement of its affairs as are not inconsistent with the laws
of this state or of the United States.
May hold real § 5. The Said Corporation shall have power to purchase
estate. ^^^ j^^j^]^ g^^^gj^ ^001 estate as may be necessary for the trans-
action of a Lona fide banking business, and to take and
hold any real estate as security for and in payment of loans
and debts due or to become due to the corporation, and to
purchase real and personal estate at any sale to enforce its
securities or the payment of debs due, made by virtue of
any process, mortgage, or deed of trust, and to hold or sell
and convey the same : Fromded^ that any real estate sold
imder deed of trust or other conveyance held as security by
said corporation, may be redeemed by the debtor, his, her
or their heirs or creditors, by the payment of the full
amount of debt and cost, with ten per cent, interest on same,
at any time within twelve months after such sale : And^
'provided^ aZs^,that no real estate that may become the pro-
perty of the corporation hereby created, except such as may
bo reasonably necessary in the transaction of a lonafide
1 tan king business, shall be held by said corporation for a
longer period than may be reasonably necessary to enable
said corporation to sell and dispose of the same to advan-
tage.
Powers vested § 0. The business of Said Corporation shall bc conductcd
recwrs^^ ^^ *^' ^^J '^ board of not loss than ten directors, to bc elected an-
nually by the stockholders, who shall hold their offices until
tlieir successors are elected and qualified. The directors
shall be stockholders, residents and freeholders of the said
county, owning unincumbered real estate in said county
SAVINGS COMPANIES— INCOKPOEATED. 393
of tlio value of five thousand dollars. Each share of stock
shall bo entitled to one vote, and may be cast in person or
by proxy. The board of directors shall elect a president '
and cashier, and such other ofl&cers and agents may be ap-
pointed or employed as said corporation or its officers may
see proper.
§ 7. Before said corporation shall commence business stockholders
the stockholders shall pay the several amounts subscribed fun/'^^ "'' "^
in full, and the same and all increase of said capital stock
shall be invested, and so remain invested in bonds of the
United States, the state of Illinois, or the city or county
where said corporation is located ; and no increase of said
capital stock shall be made, at any time, unless the amount
thereof shall be paid into said corporation at the time of the
issue of such stock ; and the whole capital stock, including
such increase, shall not exceed in amount the actual value
of the property of said corporation at the time of the issue
of such increased stock, and the said corporation shall also
satisfy the auditor of state that the capital stock has been
paid and invested as aforesaid, and the auditor shall grant
a certificate thereof, which shall be recorded in the office
of the clerk of the circuit court of said county, when it may
be lawful to commence business.
§ 8. The corporation shall invest at least one-third of investment of
its deposits in bonds of the United States, of the state of '^^°'^' ^'
Illinois or of the city or county where the office of the cor-
poration is located. Deposits shall not be received to any
amount exceeding ten times the amount of the capital stock
and accumulated surplus funds. The corporation may re-
quire thirty days' notice to be given by the depositor of his
or her intention to withdraw his or her deposit or interest ;
which provision shall be printed on every pass-book, receipt
or certificate issued. In making loans on real estate, the
property shall be certified by an officer or agent of the cor-
poration to be worth at least double the amount of the loan,
and a certificate shall also be made by the counsel to the
corporation, or some responsible and competent counselor
at law, that the title is perfect and the property is free from
incumbrance. When these conditions are complied with,
preference shall be given to laboring or working men,
women or clerks, who deposit with the corporation, and
who desire to borrow money from the corporation to pur-
chase or secure a home.
§ 9. When default shall be made in the payment of any ptockiioidors
debt or liability contracted by said corporation, the stock- fordcbU?"^'^'"
holders shall be held individually responsible for an amount
equal to the amount of stock held by them, respectively,
and such liability shall continue until six monhts after an as-
signment of the stock and publication of a notice thereof in
a newspaper published in the said city of Chicago.
Vol. Ill— 50
394: SAVINGS COMPANIES — INCOHPOEATED.
Statement biT- § 10, A report of tliG amount of the capital stock, the
smess proceed- (jgpQgitg^ i]jq manner iu which the same is invested, and the
• liabilities of the said corporation, and the receipts and pay-
ments of cash and on what account, changes in investment
since the last statement, profits and losses from sales or pur-
chase of securities at a premium or below par, from fore-
closure of mortgage or sales of real estate, or from an.y
other source, and any other item or facts which should af-
fect in any manner the financial condition of said corpora-
tion, with a statement as to the condition of said corpora-
tion OQ the first day of December in each year, shall be
filed ^^ith the auditor of state on or before the fifteenth day
of December in each year. The auditor of state, by him-
self or deputy, may visit said corporation and ascertain its
condition, and for that purpose may have access to all the
books and papers of the corporation, and he may examine
the officers under oath. The auditor shall be entitled to
three cents for each mile in going or returning, and five
dollars for each day occupied in such examination, which
shall "be paid by said corporation. In case the capital stocky
shall be impaired by losses, the stockholders shall be as-
sessed by the directors, within thirty days, ^r6> rata, ac-
cording to the amount of stock held, to make good any
such deficiency. If any stockholder shall fail to pay such
assessment within tliirty days after notice thereof, his stock
may be forfeited to said corporation, and reissued and sold
to other persons,
violation, how § H- Whenever the auditor shall ascertain and deter-
piinished. mine that said corporation has violated the provisions of
this act, or is not conducted in accordance therewith, it
shall be his duty to commence proceedings to procure a
forfeiture of the franchises and privileges of said corpora-
tion. If the court shall decide that the information is sus-
tained, it shall render judgment of ouster and order the af-
fairs of the corporation to be wound up by the auditor, or
appoint a receiver for that purpose. The auditor or re-
ceiver, as the case may be, shall receive such compensation
as the court may allow.
Auditor to § 12. It shall bo the duty of the auditor, before the first
stat^emont""^"'*' day of January in each year, to cause to be printed, for the
use of each member of the general assembly, an abstract
of the annual statement of said corporation.
Banking pro- § 13. The Corporation hereby created shall not engage
hibited. -j-^ jj^y general or commercial banking business, and shall
confine its business exclusively to the receipt and care
of savings and trust funds, and shall be subject to the
provisions of any general law of this state which may here-
after be passed on the subject of savings banks.
Act, when void. § 1'^- This act shall be void unless said corporation
shall organize and proceed to business within two j'cars af-
ter the passage of this act.
SAVINGS COMPANIES— INOOEPORATED." 395
§ 15. This act shall be deemed a public act, and be iu
force from and after its yjassage.
Approved March 26, 1860.
AN ACT incorporating the Chicago Secure Depository Company, Iu force^March
Section 1. Be it enacted ly the People of the State of
Illinois, represented in the General Assembly, That John Corporators.
13. Rice, Walter Kimball, C. C Chase, John G. Gindele,
David A. Gage, A. D. Titsworth, N. S. Davis, Edward
Eames, George W. Perkins, U. P. Harris, J. Rehm, James
B. Bradwell, Jesse M. Allen, Charles 11. Reed, Lyman
Trumbull, Thomas Drummond, N. B. Judd, John Went-
worth, 'William H. Bradley, John M. Wilson, "Wm. L,
Church, Thomas J. Kinzella, George Sclmeider, Samuel
Hoard, John C. Dore, John F. Beaty, J. H. Dole, W. F.
Coolbaugh, A. C, Badger, D. J. Lake, George A. Ives,
Samuel M. Nickerson, J . A. Ellis, James H. Bowen, Amos
T. Hall, Ira Holmes, J. M. W. Jones, Charles L. Wilson,
Josiah Lombard, A. D. Reid, T. S. Dobbins, Jos. M. Me-
dill, P. R. "Westfall, M. D. Buchanan, Sydney Myers, C.
B. Blair, D. Blakely, J. Young Scammon, P. L. Yoe,
S. A. Smith, "W. E. Doggett, C. G. Hammond, W. F.
Storey, George Sturges, C. T. AVheeler, Fred. Becker, J.
H. Dunham, John V. Farwell, Mark Kimball, A. C. Hess-
ing, Erland Carson, H. D. Colvin, J. S. Rumsey, Isaac R.
DUler, J. C. Fargo, S. B. Sid way, R. B. Mason, John B.
Drake, G. W. Cass, T. M. Avery, George Armour, Ed-
ward Hempstead, "William McKendl}^, E, B. McCagg, B.
W. Raymond, R. M. Hough, John L. Hancock, S. T. At-
water, John Tyrrell, Merrill Ladd, Ira Y. Munn, George
M. Pullman, J. B. Tnrner, J. R. Jones, William H. Oving-
ton, Hugh T. Dickey, E. B. Ward, Charles Knickerbocker,
E. H. Sheldon, George L. Dnnlap, E. B.Phillips, Charles
W. Durant, William B. Ogden, George P. Lee, Francis
A. Hoffman, James F. Joy, H. Hitchcock, J. H. Whitman,
J. M. Douglas, W. K. Ackerman, H. G. Loomis, Walter
M. Phillips, H. C. Wentwortli, Jacob Bunn, Edward Bar-
bour, Potter Palmer, or any other person or persons who
shall, under the provisions of this act, not less in number
than one hundred, become stockholders in said company,
be and they are hereby created a body politic, undsY the
corporate name of "The Chicago Secure Depository 'Com- Name and style
pany," with its location in the city of Chica.go, count y of
Cook, state of Illinois, with the power and fax the purposes
hereinafter in this^ bill named.
396 SAVINGS COMPAmES — INCOEPOKATED,
Capital Btock, § 2. The Capital stock of said company shall not be
less than the sum of one hundred thousand dollars, and
may be increased to five hundred thousand dollars, to be
divided into shares of one hundred dollars each. Upon the
subscription and payment by the persons herein named or
any other persons, as provided in the first section of this
act, of the whole amount of said capital stock of one hun-
dred thousand dollars, a meeting of the stockholders shall
be called, by ten days' jDublication of a notice of said meet-
ing in one of the daily newspapers printed and published
Notice for time in the city of Chicago, stating the time and place of such
meeting."'^'' °^ meeting for the purpose of electing directors of said com-
pany. At such meeting there [shall] be elected not less
than five nor more than ten directors of said company.
The number shall be regulated by the stockholders, the
term of ofiice not to exceed one year, or until their succes-
sors are elected, so that there shall be an election of the
directors of said company each and every year. Each
share of stock shall, at all elections, be entitled to one vote,
cither in person or by proxy, for one of said directors, and
the persons otherwise qualified, who receive the largest
number of votes, shall be declared elected.
EiectioDofDi- § 3. Upon the election of such directors, they shall
flceiB. proceed to the election of the officers of the company ;
which officers shall consist of a president, vice president,,
secretary and treasurer, and such other officers and em-
ployees as the said board of directors may deem necessary.
The said board of directors shall, also, make and establish
rales and by-laws for said company.
Appropriation § 4. The Capital stock of said company shall be used
sfock^^ capuai ^^^ appropriated in the following manner : Firsts a sum
sufficient for the procuring of a lot or lots of ground in the
city of Chicago and of a building thereon and appurtenan-
ces suitable for the purpose of the business of said com-
pany. Second — the balance thereinafter remaining to be
invested and kept and continued invested in United States;
registered bonds.
Articles re- ^ 5. *Jhe Said Company shall have power to receive,
posit. upon special deposit, plate, bullion, valuables, jewels, bonds
and other valuable papers, ibr safe keeping, : and may, also,
as the said board of directors may determine, receive money
in packages, but on special deposits only. The receipts is-
sued by said company for property received by them for
safe keeping may be for storage merely, in which case it
shall be liable only as bailee, or for insurance, in which
case it shall be liable as insurer, as may be agreed upon at
the time of deposit. The said company shall be allowed
to fix and determine, by its board of directors, rates and
charges for storage, and shall, also, in addition to the rates
and charges for storage, be entitled to fix, determine, and
collect rates and charges for insurance of such property as
SAVINGS COMPANIES — INCOKPOBATED. 397
may be deposited with it for safe keeping and for whicb it
gives receipts for insurance.
§ 6. It shall be the duty of said board of directors to poiice force
appoint and keop constantly employed, niejht and day, a appoiuted.
competent and sutiicient police force for the protection of
the property deposited with said company, and that every
safe or vault containing such property shall be at all times,
day and night, under the charge and protection of at least
two of said police force.
§ 7. That the state auditor, the comptroller of the city stato auditor
■of Chicago, and the president of the associated banks and pofuted'f wml
bankers of Chicaero, shall bo, ex officio, an examinincj com- mitteeofesami-
mittee, whose duty it shall be to make not to exceed four
unannounced examinations each year of the business affairs
of said company, and all matters connected therewith, and
to report, by publication in one or more daily newspapers
printed and published in the city of Chicago, the results of
each said examinations so made by them. In making
such examinations said committee shall have access to all
the books, papers and vouchers of and property held by
said company. The members of said committee shall re- compcn8ation
ceive an amount of not exceeding ten dollars a day, for ° '^o^'^^^ee.
•each day occupied by such examination, which shall be
paid by said company.
§ S. Each of the directors of said company shall, during stockholders'
his term of office, be a stockholder in said company to the ''=^^^'^i^y-
amount of at least one thousand dollars. Each of the stock-
holders in said company shall be liable for the debts and
liabilities of said corporation to an amount additional equal
to the amount of stock held by him. No sales or transfer
of stock shall be made so as to relieve any stockholder
from his liability under this section, unless thirty days'
notice be given of such transfer and sale, by publication of
the fact by insertion of a notice thereof for three days in
one of the daily newspapers printed and published in the
city of Chicago, and such liability shall not cease or deter-
mine until the lapse of said thirty days after such publication .
S 9. The board of directors shall cause to be published. Publication of
". , . f'iiiM • ■ -\ list of stock-
oncG in each year, m one oi the daily newspapers printed holders.
and published in the city of Chicago, a list of the stock-
holders of said company, showing the amount of stock held
and owned by each of said stockholders,
§ 10. The said company is expressly prohibited from Loaning mon-
making advances or loaning money upon security of any ey p-'ohibited.
deposit made with it under the provision of this act.
§ 11. This act to take efiect and be in force from and
after its passage, and shall be deemed a public act.
Approved March 31, 18G9,
398 BAVIHGS COMPANIES— INCOfiPOBATED.
,n force March AN ACT to incorporate the Moliiie Savings Bank.
31, 1869.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the Qeneral Assembly^ That Still-
corporaiois. man "W. Wlieelock, John Good, Spencer H. White, Eobert
K. Swan, Luke E. lleinenway, George Stephens, Charles
Wilham Lobdell, Henry W. Candee, Hiram F. Sickles,
Young E. McClenden, George W. Kuck, and their succes-
sors, are hereby constituted a body corporate and politic, by
Name sad style, the name of "The Moliiie Savings Bank," to be located
in the city of Moiine, in said stiite.
May receive § 2. The said Corporation shall bo authorized to receive
deposits. deposits of money from any person or persons who may
wish to enjoy the advantages of the same, for the purposes
and according to the directions herein prescribed.
Interest paid § 3. That all deposits of money received by said cor
on deposits. porutioQ shall be used and improved to the best advantage
and pay such interest thereon as the trustees, from time to
time, may direct to be allowed, and the principal of such
deposits may be withdrawn at such times and in such man-
ner as the corporation may direct and prescribe ; and it
shall be the duty of the board of trustees of said institution
to regulate the rate of interest to be allowed to depositors,
so that they shall receive a ratable proportion of the profits
after deducting all necessary expenses in the management
of business of said corporation. The rate of interest to be
allowed to depositors to the amount of live hundred dol-
lars and upwards shall be at least one per cent, per annum
less than the interest allowed others.
Businessman. § 4. That the business and property of said corporation
\ltf ^y ''"'®' shall be managed by a board of trustees, eleven in number,
who shall at their first meeting and as often as it may be
necessary, elect, by ballot, from their number, a president,
vice president and cashier. The several persons named in
the first section of this act shall be the first trustees; and all
vacancies in said board, caused by death, resignation, re-
moval, or failure to act for the space of six months, shall
be tilled at the next regular meeting thereof after such
vacancy shall arise, and the person receiving a majority of
the votes of the trustees present shall be duly elected.
Five trustees, of whom the president, vice president or
cashier shall be one, shall constitute a quorum for the
Trustees not to transaction of all ordinary business. The trustees or
satfon? ^°™^^"" managers of said corporation, as such, shall not receive any
pay or emolument for their services: but this last provision
shall not apply to the cashier or financial officer of said
corporation. And the said trustees shall be responsible
and liable to the depositors for all losses resulting from de-
falcations by or through officers, agents or employees ap-
pointed or employed by said trustees, or for any losses re-
SAVINGS COMPANIES — INCORPORATED. 309
suiting from neglect of said trustees in attending to their
duties, as such, as provided in the by-laws. And it is fur-
ther expressly provided that said corporation shall not carry
on a general or commercial banking and exchange busi-
ness.
§ 5. The said corporation may have a common seal, May have a
which they may change or renew at pleasure ; and that all ^^o"^™*^^^^" •
deeds, conveyances or grants, covenants and agreements,
made by their president, vice-president or cashier, by' their
authority and direction, according to their instructions, shall
be good and valid. And said corporation shall at all times
have power to sue and be sued, to plead and be impleaded,
and defend, and shall bo ruled to answer by the name and
style of the corporation.
§ 6. It shall be lawful for said corporation, to receive Rate of m-
and take on investment of moneys, under this act, such a J^^nf °^^ *°^^^''
rate of interest, not exceeding ten (10) per cent, per an-
num, as may be directed by the board of trustees or man-
agers thereof.
§ 7. That no trustee or officer of said corporation shall, FundB inviolate
directly or indirectly, borrow any of the moneys of the
the said corporation or in any manner use the same, except
in the lawful business of said corporation. All certificates
or evidences of deposits made by the proper officer or offi-
cers shall be as effiictual to bind the corporation as if made
under the common seal thereof. Said corporation is here-
by prohibited from issuing any bills or notes to circulate
as money.
§ 8. A misnomer of said corporation in any deed, gift Misnomer uot
or grant or instrument, contract or conveyance, shall not ^^ ^*"^*°-
vitiate the same, if the corporation shall be sufficiently
described therein to declare the intentions of the parties.
§ 9. The books of said corporation shall, at all times Books open
during the hours of business, be open to the inspection and ^°^ inspection,
examination of the auditor of public accounts in this state
and such other person or persons as the legislature shall
designate or appoint.
§ 10. That said corporation is herel^y authorized to May purciiasn
take, hold and convey such real estate, in the city of estate*!''''''^ '^'"
Moline, and county of Rock Island, as may be necessary
and convenient for an office or plice for the transaction of
business, and such as may be conveyed to said corporation
as security or in payment of debts or purchased by it at
sales under judgments or decrees recorded by or belonging
to said corporation, and such personal property as may be
necessary and convenient for its business : Provided, that
no real estate that may become the property of this cor-
poration, except such as may be reasonably necessary for
the transaction of its business, shall be held for a longer
period than may bo reasonably necessary for said corpora-
tion to sell and dispose of the same to advantage: Pro-
400 SAVINGS COMPANIES— INCORPORATED. ,
Redemption vlded, ctlso, that auy real estate sold under deed of trust 'or
es a e. ^^YiQr conveyance, held as security by said corporation, may
be redeemed by the debtor, his, her, or their heirs or
creditors, by the payment of the full amount of debt and
costs, with ten per cent, interest on same, at any time with-
in twelv^e months after such date.
Married wo- § n. When anv deposit is made by any person beinsr
raeu and minora '^ . "• ^ i • t r> ^ • ^
may make de- a mmor, or by a temale bemg or hereaiter becoming a
posits. married woman, in her own name, the corporation may
pay to each depositor such sums as may be due to him or
her; and the receipt or acquittance of such minor or mar-
ried woman shall be a legal discharge to said corporation.
Deposits. I 12. It is made the duty of said corporation, when
authorized by the courts, to receive and hold as a deposi-
tory all moneys which may hereafter come to or be paid
into either of the courts of E.ock Island county, sitting
either in common law or chancery, subject at all times to
such rules or regulations concerning the management of
such moneys as the judges of said courts may, from time to
time, make or prescribe, not inconsistent with the pro-
visions of this act.
Investments in § 13, It shall be lawful for said corporation to invest
moneys which they shall receive, in bonds or stocks of the
United States, of the state of Illinois, or of the county of
Eock Island, or city of Moline, or upon bonds secured by
mortgage upon unincumbered real estate in the city of
Moline or county of Eock Island, worth at least double the
amount loaned, or upon any other security which shall be
deemed by the board of trustees, or their finance committee,
to be amply sufficient ; and also to make temporary de-
posits in any of the banks incorporated by the United
States or state of Illinois, located in the city of Moline,
Chicago, or in anv incorporated bank in the city of New
York.'
Surplus fi7nd. § 11-. The Said corporation is hereby authorized to ac-
cumulate, gradually, and hold invested a surplus fund,
not exceeding twenty (20) per cent, on the amount of its
deposit, to the end that, in case of reduction in the market
price of any of the securities held by said corporation, any
loss to depositors by reason of such reduction may be pre-
vented and made good by said fund. The accumulated
fund herein provided for and the real and personal proper-
ty belonging to said corporation shall be liable to taxation
as other real and personal property, but said corporation
shall not be liable to taxation on deposits made therein or
on any security or securities taken for or any investment or
investments of the same.
FirEtmeetins. g-^g^ The first meeting of the trustecs of said corpora-
tion shall be held in the city of Moline at any time within
ninety days after the passage of this act, ten days' notice of
such meeting having been given by publishing in some
SAVINGS COMPANIES— INOOBPOKATED. 401
newspaper published in Rock Islaud county. The said Rules for gov-
corporation is hereby vested with the power of making by- ®'^°'"®^''
laws for the more orderly management of the business of the
same : Provided^ they are not repugnant to the laws of
this state. And the same corporation is hereby expressly
prohibited from engaging in a general or commercial bank-
ing or exchange business.
§ 16. This act shall take effect from and after its pas-
sage, and may be altered, amended or repealed, at the
pleasure of the legislature of this state.
Appboved March 31, 1869.
AN ACT to incorporate the Rockford Savings Bank of the City of Rock- In force Apiil
ford. ^' ^^'^•
Section 1. Be it enacted hj the People of the State of
Illinois, represented in the General Assembly, That Eobert
P. Lane, Goodyear A. Sanford, Ralph Emerson, William corporatore.
Lathrop, Worcester A. Dickerman, Israel Soverign, Alex-
ander D. Forbes, Charles Williams, George W. Reynolds,
Albert Fowler, Charles O. Upton, John R. Porter and Wil-
liam G. King, and their successors, are hereby constituted
a body corporate and politic, by the name "The Rock- Name and style.
ford Savings Bank," to be located in the city of Rockford,
in said state.
§ 2. That said corporation shall be authorized to receive May rec«iTe
from any person or persons who wish to enioy the advantage '^''p"^'*'^'
of the same, any deposit or deposits of money, and to use
and improve the same, for the purposes and according to
the directions herein prescribed.
§ 3. That all deposits of money received by said corpor- sray uea a--
ation shall be used and improved to the best advantage, p°^'*''
and in a manner riot inconsistent with the laws of this state;
and the income or profits thereof, not exceeding six per
cent., per annum, shall be applied and divided among the
persons making such deposits, thier executors or adminis-
trators, in just proportion, and the principal of such de-
posits may be withdrawn at such times and in such manner
as the said corporation may direct and prescribe ; and it Trustees to
shall be the duty of the board of trustees of said bank to ^^^
regulate the rate of interest to be allowed to depositors, not
exceeding the rate ])er cent, herein specified, so that they
shall receive a ratable proportion thereof, after deducting
all necessary expenses in the management of the business
of such corporation. The rate of interest to be allowed de-
positors to the amount of five hundred dollars and npv/ards
Vol. Ill— 51
402 SAVINGS COMPANIES — INOOKPOKATED.
shall be at least one per cent, less than the interest allowed
others.
Business con- § 4. That the business and property of said corporation
teesf* ^^ ^^^' shall be managed by a board of trustees, thirteen in num-
ber, who shall at their first meeting and as often as may be
necessary, elect, by ballot, from their number, a president,,
^^^u-st board of vice-presidcnt and cashier. The several persons named in
the first section of this act shall be the first trustees ; and
all vacancies in said board shall be filled at the next regu-
lai meeting thereof, after such vacancy shall arise, and the
person receiving a majority of the votes of the trustees pres-
ent shall be duly elected. Five trustees, of whom either the
president, vice-president or cashier shall be one, shall con-
stitute a quorum for the transaction of all ordinary busi-
ness. The trustees or managers of said corporation, as such,
shall not receive any pay or emolument for their services ;
but this last provision shall not apply to the cashier or
financial [?] of said corporation.
May have .1 g 5. That Said Corporation may have a common seal,
eommon sea . ^^j^^^j^ ^-^^j ^^^j change or rcnow at pleasure ; and that all
deeds, conveyances or grants, covenants and agreements,
by their president, cashier or other person by their author-
ity and direction, according to their instructi£)ns, shall be
good and valid. And said corporation shall at all times
have power to sue and may be sued, to plead and be im-
pleaded, and defend, and shall be ruled to answer by the
Interest. name and style of the corporation.
§ 6. It shall be lawful for said corporation to receive
and take on investment of moneys under this act, a rate of
interest not exceeding ten per cent., per annum, as may be
Fands inviolate, directed by the board of trustees or managers thereof.
§ 7. That no trustee or ofiicer of said corporation shall,
directly or indirectly, borrow any of the moneys of said
corporation or in any manner use the same, except in the
lawful business of said corporation. All certificates or evi-
dences of deposit made by the proper ofiicer or officers shall
be as effectual to bind the corporation as if made under the
common seal thereof. Said corporation is hereby prohibit-
Misnomcr not ed fi'om issuing any bills or notes to circulate as money.
to vitiate. § 8. A misuomer of said corporation in any deed, gift,
grant or other instrument, contract or conveyance, shall not
vitiate the same, if the corporation shall be sufficiently
Booksopenfor described therein to declare the intention of the parties.
inspection. | 9_ ^-^q books of Said corporatlou shall, at all times,
during the hours of business, be open to the inspection and
examination of the auditor of public accounts in this state,
and such other person or persons as the legislature shall
designate or appoint. The corporation shall make a report
to the legislature of the state, on or before the first day of
January in each year when the stated sessions are held, of
the state of their funds and investments.
SAVINGS OOMPANIES — INOOEPOEATfiD.
403
§ 10. When any deposit is made by any person, being ^ Rec^dpt of mi_-
a minor or by a female being or hereafter becoming a mar- charge. "
ried woman, in her own name, the said corporation may
pay to each depositor such sums as may be due to him or
her, and the receipt or acquittance of such minor or married
woman shall be a legal discharge to said corporation there-
for.
§ 11. That said corporation are [is] hereby authorized ^S.''"'^""^
to take, hold and convey such real estate, in the city of
Rockfofd, as may be necessary and convenient for an office
or place for the transaction of its business, and such as may
be conveyed to said corporation as security or in payment
of debts, or purchased by it at sales under judgments or
decrees recovered by or belonging to said corporation, and
such personal property as may be necessary and convenient
for its business : Provided^ that no real estate that may be-
come the property of this corporation, except such as may
be reasonably necessary for the transaction of its business,
shall be held by said corporation for a longer period than
may be reasonably necessary to enable said corporation to
sell and dispose of the same to advantage : Provided, also, ^fi^i^l^^^^^
that any real estate sold under deed of trust or other con-
veyance, held as security by the corporation hereby created,
may be redeemed by the debtor, his, her or their heirs or
creditors, by the payment of the full amount of debt and
costs, with ten per cent, interest on [the] same, at any time
within tvv^elve months after such sale.
S 12. It is made the duty of said corporation, when courts may an-
", . - , , . , ■' , 1111 J -i. thonze deponis.
authorized by the court, to receive and hold, as depository,
all moneys which may hereafter come to or be paid into the
courts of Winnebago county, sitting either in common law
or chancery, subject at all times to such rules and regula-
tions concerning the management of such moneys as the
judges of said courts may, from time to time, make or pre-
scribe, not inconsistent with the provisions of this act.
§ 13. It shall be lawful for said corporation to vest investments,
moneys which they shall receive in any stocks of the United
States, or in securities for the redemption and payment of
which the faith of any state in the Union shall be pledged,
or in the bonds of the corporation of the city of Rockford,
or county of Winnebago, or upon bonds secured by mort-
gage upon unincumbered real estate in said city or county
worth at least double the amount loaned, or upon any other
security which shall be deemed by the board of trustees or
their finance committee to be amply sufficient, and also to
make temporary deposits in any of the banks incorporated
under the laws of this state or the United States, located in
the city of Rockford, and to receive interest thereon at such
rates, not exceeding that allowed by law, as may be agreed
upon.
404: BAVTNGS COMPANIES — INOOBPORATED.
sarpins fund. § 14. The SEid corporation is hereby authorized to ac-
cumulate, gradually, and hold invested a surplus fund, not
exceeding five per cent, on the amount of the deposits, to
the end that, in case of reductions in the market price of
any of the securities held by said corporation below the par
value thereof, any loss to the depositors, by reason of such
reduction, may be prevented and made good by said fund ;
and are hereby authorized to hold an available fund, not
exceeding one-third of the total amount of deposits with said
bank, which they may keep to meet the current payment of
said corporation, and which may be kept on deposit, on in-
terest, or otherwise, in such available form as the trustees
may direct.
Annual Meeting § 15. The anuual meeting of the trustees of said corpor-
ation shall be held in the city of Rockford sometime in the
month of June, in each year, and at such times as they may
judge expedient, of which meeting notice shall be given as
may [be] directed by the by-laws of the corporation. The
said corporation shall be and hereby are vested with the
power of making by-laws for the more orderly management
of the business of the same: Frovided, they are not repug-
nant to the laws of the state.
^Officers to give g ^Q^ The Subordinate officcrs of Said Corporation shall,
respectively, give such security for their fidelity and good
conduct as the board of managers may, from time to time, re-
quire ; and said board shall fix the salaries of such ofiicers :
Provided, that any and all sums of money, with the accu-
mulated interest thereon, remaining unclaimed for the space
of twenty years, shall deposit the same, with the accumu-
lated interest thereon, with the state treasurer, to be held by
him in trust for five years for all claimants.
^Firet meeting § 17. That Robert p. Lane be and he is hereby author-
of trustees. -^ed, by public notification of at least fifteen days in two of
the newspapers printed in the city of Rockford, to call the
first meeting of said trustees, nine of which shall constitute
Banking pro- a quoi'um for such first meeting, ISTothiug in this act con-
tained shall be construed to allow the corporation to do a
general commercial bankiug business ; but this corporation
shall confine their business exclusively to a savings bank.
§ 18. This act shall take efi"ect from and after its pas-
sage.
Approved April 1, 1869.
SAVINGS COMPANIES — NEW PKIVILEGES. 405
SAVINGS ASSOCIATIONS— NEW PRIVI-
LEGES.
AN ACT to amend an act entitled "An act to incorporate the Dollar Sa"v- j,, fo^gg j„j^j
ings Association of Cairo," approved February 28, 186T. 19, 1869.
Section 1. Be it enacted hj the People of the State of
Illinois^ rejpvestnted in the General Assembly, That so
much of section seven as refers to the time of organizing Act amended,
said association be and the same is hereby amended so as
to read as follows, viz : " This act shall be void unless said
association shall organize and proceed to business within
four years after the passage hereof."
Approved March 25, 1869.
AN ACT to amend an act entitled "An act to incorporate the East St. jj, f^j-ce Maroh
Louie Real Estate and Savings Bank," approved February 16, 1865, and 24, 1869.
to change the name of the same.
Section 1. Be it enacted hj the People of the State of
Illinois, represented in the General Asse7nbly, That the
act entitled "An act to incorporate the East St. Louis Real Act amended.
Estate and Savings Bank," approved February 16, 1865,
be and the same is hereby so amended that the corporation
created by said act, instead of being named and styled, as
required by said act, "The East St. Louis Real Estate,
Loan and Trust Company," shall be known by the name Nameandsiyio
and style of "The East St. Louis Bank," and, under that
name and style, shall have power to plead and be im-
pleaded, and to do all things and exercise all the powers
granted by the act to which this is an amendment.
§ 2. Nothing in this act shall aflect any contract en- Acts mada valid
tered into by or with said corporation prior to the passage
of this act, but the same shall be in force in the same man-
ner as if the name of said corporation had not been changed ;
and all acts and proceedings of said corporation, not aifect-
ing private rights, shall be deemed valid.
§ 3. This act to take effect from and after it3 passage.
Approved March 24:, 1869.
charter.
406 SAVINGS COMPANIES — NEW PPJVILEGES.
In force March AN ACT to amend an act entitled "An act to incorporate the Springfield
11) 18C9. Savings Bank," approved February 28, 1867.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the Oeneral Assembly, That sec-
section 11 re- tion eleven of an act entitled "An act to incorporate the
pealed. Springfield Savings Bank " be and the same is hereby re-
pealed, and that, in lieu thereof, the following be inserted
as section eleven, namely : " The said corporation shall
Duration of exist for the term of fifty years next succeeding the first
day of May, 1869, and shall be entitled to use all its cor-
porate powers, rights and privileges for the period of three
years thereafter, for the sole purpose of closing up its
affairs. Said corporation may execute all such trusts, whe-
ther fiduciary or otherwise, as shall or may be committed
to it by any court, tribunal, or other legally constituted au-
thority of the state of Illinois, or of the united States, or
stockholders' elscwhere. The stockholders of said corporation shall be
liability. responsible in their individual property, in an amount
equal to the amount of stock held by them, respectively,
to make good all losses to depositors or others, and no as-
signment of their stock shall release them from such lia-
bilities, until after the fact of such assignment, and name
of the person to whom made, and the amount of stock as-
signed, shall have been advertised in some public newspa-
per published in the city of Springfield, in Sangamon
county, for the period of three months."
§ 2. This act shall be a public act, and shall be in force
from and after its passage.
ArpfiOVED March 11, 1869.
^" ^sriseo""^*^^ ^^' ^^'^ ^^ amend an act entitled "An act to incorporate the St. Clair
' " Savings and Insurance Company," approved February 24, 1859.
Section 1. Be it enacted hy the Feopleof the State of
llinois, represented in the Genet'al Assembly, That the
Change name, corporation mentioned in the above title shall, from and
after the first day of July, 1869, bo known by the name,
and use the same in all its transactions, of "The Belleville
Savings Bank."
Section 4 re- § 2. Section four of the law to which this is an amend-
peaied. ment, and which grants privileges to said corporation to
assure, is hereby repealed.
Rights not af- § 3. Neither the rights nor powers of said company,
fected. j^Qj. j^g obligations, shall bo affected by this present act, on
account of this change of name.
SAVINGS COMPAOTES — flCHOOLS, OITT. 407
§ i. This act to be a public act, and to be in force from
and after its passage.
Appboved March 31, 1869.
AN ACT to amend an act entitled "An act to incorporate the St. Clair In force Match
Savings and Insurance Compaay," approved February 24, 1859. 29, 1869.
Section 1. Be it enacted by the People of the State of
Illinois^ represented in the Genefral Assenibly^ That an act
entitled "An act to incorporate the St. Clair Savings and Act amended.
Insurance Company," approved February 24, 1859, be and
the same is hereby amended so that the name of the said
St. Clair Savings and Insurance Company be changed to
the St. Clair Bank.
§ 2. The said bank shall be located at Belleville, in the Location of
county of St. Clair. '''*^-
§ 3, Section four (4) of said act is hereby repealed. ^«c. 4 repealed.
§ 4r. Said corporation, under the new name of th e St. f^°,[jg^^''^'^ "s*^*
Clair Bank, shall be authorized hereafter to pursue business
under said act ; and this act shall work no forfeiture of any
vested rights of said corporation under said act, or any laws
of the state, nor impair or invalidate any existing con-
tracts.
§ 5. This act shall be a public act, and shall bo in force
from and after its passage.
Approved March 29, 1869.
SCHOOLS, CITY.
AN ACT to amend an act entitled "An act to establish and regulate a In force March
system of public schools in the city of Bloomington," approved February 31, 1S09.
22, 1857, and amendments thereto.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assemlly, That an act
entitled ''An act to establish and regulate a system of pub- school law
lie schools in the city of Bloomington," approved February amended.
22, 1857, and amendments thereto, be and the same is
hereby amended, as follows, to wit : That the board of
education of [the] city of Bloomington shall, at their first
408 SCHOOLS, CITY.
meeting after the election to be holden on the first Monday
of April, A.D. 1869, draw lots for their respective terms of
office — two to serve one year, two to serve two years, and
three to serve three years, and until their successors in
office are elected and qualified. And hereafter, elections
shall be held annually, on the first Monday of April, to fill
all vacancies : Provided, if any vacancies shall occur in the
said board of education between the times of the said an-
nual elections, the remaining members of said board of
education shall fill said vacancies by appointment ; and the
person or persons so appointed shall hold said office until
the next annual election for members of said board : And,
provided^ also^ that all school elections in the city of Bloom-
ington shall be exempt from all the registry laws of the
state.
Sec. 2 amended, g 2. That the second section of said act be and is hereby
so amended that the clause, *' by any two persons so elected,"
shall read, " by the secretary of the board ; " and also, the
clause, "for the term of two years," be so amended as to
read, " for the term of one year ; " also, section ten (10) of
the same act be so amended that the clause, '' to serve two
years, one of whom they shall designate city school super-
intendent," as to read, "to serve for the term of one year,
and shall have power to elect a city school superintendent,
(who shall be a member of the committee of school exami-
ners,) at such time and in such manner as shall be fixed by
the rules and regulations of the board, and it shall be his
duty to visit," etc., as provided in said act.
Question of § ^- "^^^^ ^^^^ ^^^^ board of education shall have power,
raieicg money -^hen, iu their judgment, more money is required than is
gal voters. ° ^' now provided for in said act, and amendments thereto, by
taxation or otherwise, to build additional school buildings,
to purchase grounds, or to make additional improvements
on buildings, grounds or furniture, to call a school election
of the qualified voters of the said city of Bloomington, by
giving twenty daj s' notice, to vote whether the board of
education shall be authorized to issue and sell additional
am^Vwoted'^'^ bouds, or be empowered to levy additional taxes, for said
purposes; and said notice shall specify the amount of bonds
to be issued or tax to be assessed, and the purposes for which
they are to be used ; and if a majority of the votes cast at
such election shall be in favor of issuing such additional
bonds or levying such additional taxes, then it shall be lawful
for said board of education to execute said bonds, in the same
manner as provided iu said act, or levy said tax, and use
the amount of money so voted on [the] same conditions
and in the same manner as authorized by amendment to
school law, approved February 22, 1SG7: Provided^ that
the amount of additional indebtedness, by bonds so voted,
shall at no time exceed the sum of one hundred thousand
dollars, nor shall the taxes so voted exceed in any one year
SCHOOLS, CITY.
one per cent, of all the taxable property of said city, in
addition to that which is now authorized by said act, and
amendments thereto.
§ i. All acts or parts of acts in conflict with the provi- ^.J^^J'^^^''^^
sions of this amendment are hereby repealed.
§ 5. This act shall take effect and be in force from and
after its passac^e.
Approved March 31, 18G9.
409
AN ACT to establish and regulate a system of public schools in the city J^ j-Q^ce AprU
of Ocntralia. 1, 18C9.
Section 1. Beit enacted hy the People of the State of
Illinois, represented in the General Assembly, That there
shall be elected in the city of CentraHa, at the annual elec-
tion on the second Monday in March next, by the fjualified
voters of said city, a board of education, to consist of five
members, to be denominated "The Board of Education ;" ^^Board of cdu-
and the persons so elected shall be residents of said city, ^^
and hold their respective offices for the term of ^two years,
and until their successors are elected and qualified, except
[that,] for the first year, two of the members of* said board
shall be elected for one year only, and until their successors Terms of offlee.
are elected and qualified; and, annually thereafter, there .
shall be elected others to fill the respective jDlaces of those
whose offices shall expire in that year. The meetings for
said elections shall be notified and called, and the poll-books
opened and kept, the votes canvassed and the returns made,
in the same manner as the election of city officers ; and the
city clerk shall, immediately upon the result of the election
being made known by the proper returns, notify the seve-
ral persons so ele(?ted of their election.
§ 2. The board of education shall, within two days after Time and place
their election, or as soon thereafter as convenient, meet °^ ™*='^^'''°-
within said city. The time and place of said meeting shall
be made known to all the members of said board, in writ-
ing, by any two of the persons so elected. When con-
vened, the board shall organize, by electing one of their Appointmen
number president, and appointing, by ballot, some compe- °f oncers.
tent person to be secretary of said board, who may or may
not be a member of the board, and also appoint a treasurer.
The president shall preside at all meetings of the board, and
perform all the duties of a presiding officer. The secretary
shall keep a record of the proceedings of the board, in a book
to be provided for that purpose by the board, and shall per-
form such other duties in relation to the schools in said city
as shall be required of him by the rules and regulations to
Vol. Ill— 52
410 SCHOOLS, CITY.
be made and established by the board. The president,
secretary and treasurer shall hold their offices for the term
of one year, and until their successors shall be elected and
qualified. The secretary and treasurer shall be subject to
removal, for good cause, by a vote of a majority of said
board ; and, in case of such removal, the board shall ap-
point a competent person to fill the vacancy. The treasurer
Bond and seen- shall ffive boud, with sfood and suflScient securities, to the
ritv 01 trGSsirrcr ^ ^ <d ^
city of Centralia, (said bond to be approved by said board,)
in such sum as the board shall determine, but to be, in all
cases, as near as can be ascertained, in double the amount
of all moneys that will at any one time come into his hands,
and conditioned for the performance of his duties as treas-
Duties of. urer, and especially, faithfully to keep, and from time to
time to pay over, upon the order of the board, all moneys
that he shall receive as such treasurer ; and for any breach
of the conditions of said bond, as such, shall be prosecuted
in the name of said city against said treasurer, under the
direction and supervision of the said board ; and all mon-
eys realized from a judgment recovered against any treas-
urer, for a breach of the conditions of his bond, shall go
into the treasury of the board, to be used as other school
moneys are used. The treasurer shall keep a true and ac-
curate account of all moneys received and paid out by him,
for what purpose, upon what and whose account ; but he
shall pay out no money, except upon the order of the board.
For all moneys paid out, he shall take and file with the
papers of his oflice proper vouchers. He shall settle his
accounts with the board at least once in each year, and
oftener, if the board shall so require.
•„-^«,i?ff'f.,/'Tf § 3. The said city of Centralia shall be exempt from
treasurer. the jurisdiction ot the trustees of schools m the township
in which said city of Centralia is or may be located, so far
as common schools are concerned : Provided^ that nothing
herein contained shall be construed to relieve said trustees
from the duty of distributing to the said city of Centralia
its proportion of the school fund ; and the commissioner
of Marion or any other county of which said city now is or
may herenfter be a part, shall, in the distribution of the
school fund that may come in his or their hands, apportion
Apportionm't SO much of the same as the city of Centralia may be enti-
^""*^' tied to, upon a ^;ro rata distribution of said funds, among
the several townships of said county or counties, to the
said city of Centralia ; and upon the filing of the bond of
the treasurer of said board of education, the said school
commissioner shall pay over to the said treasurer the
amount due said city. All taxes levied in accordance with
the provisions of this act shall be paid over, by the officer
collecting the same, to the treasurer of the board of educa-
tion ; and upon all moneys passing through his hands the
treasurer shall be allowed to retain two per centum. If
SCHOOLS. OITY.
411
any vacancy shall occur in the board of education between v^nocies, how
the times of the annual elections, by death, resignation or
removal from the limits of the city, the remaining mem-
bers of said board shall fill said vacancy by appointment;
and the person so appointed shall hold his office until the
next annual election for members of said board. The said ^corporate pow-
board of education shall be capable of contracting and be-
ing contracted with, suing and being sued, pleading and
being impleaded with, in any court of law or equity in this
state, and shall also be capable of receiv^ing any gift, grant,
donation or devise made for the use of the common schools
in said city.
§ 4. The said board shall hold their meetings at such special meeimgB
times and places as they may think proper, and any four of
said board shall constitute a quorum ; that special meetings
may be called by the president or any two members of the
board, on giving two days' notice of the time and place of
holding such meetings ; but at no special meeting, except
all the members of the board are present, shall any resolu-
tion in relation to sites for school houses, or financial reso-
lutions or orders, be passed, unless the two days' notice, as
aforesaid, be given, and the subject or subjects to be acted
on be specified in the notice.
§ 5. The said board of education shall have the entire conu-oi of aii
management and control of all the common schools in said '=0'^™°° schools
city of Centralia, and of all the houses, lands and appur-
tenances already provided and set apart for common school
purposes, as well as those hereafter to be provided for the
same purpose. And the said city of Centralia shall, from
and after the second Monday of March next, constitute but
one school district ; and all moneys accrued or accruing to
said district, for school purposes, under any law of this
state, shall be paid over to the treasurer of said board of
education.
§ 6. It shall be the duty of the said board of education. Primary and
so soon as they may realize sufficient funds for the purpose, s'^an^''^ schools.
to establish within the bounds of the city of Centralia a
sufficient number of primary, secondary and grammar
schools to accommodate all the children of said city, and
may establish a city high school in said city, of a grade Estabiishmcnt
above the grammar school. To each school in this system °^ ^""^ ^^^°^^'
there shall be gratuitous admission for the children, wards
and apprentices of all the residents of the city of Centralia,
with the following restrictions, viz : No pupil shall be ad-
mitted into the secondary, grammar or high school, who
fails to sustain a thorough examination in the studies of the
schools of the next lower grade; and the teacher in either
school shall have power, in accordance with the rules and
regulations of the board of education, to exclude pupils for
misconduct or non-attendance.
412 SCHOOLS, CITY.
Governmentof § Y. The Said board of education shall have power to
make and enforce all necessary rules and regulations for
the government of teachers and pupils in said schools ; to
employ teachers, male and female, from among those who
have received a certificate from the state or county super-
intendent, and pay them a suitable compensation ; to pur-
chase all necessary books and apparatus ; to select sites for
school houses, and superintend the building of the same
upon their own plan, and to pay for the lands and houses
and furniture, as well as the other expenses of said school
system, from the public moneys in the hands of the treasu-
rer of said board.
port°"o council" § 8- The Said board of education, within thirty days
after their organization, shall report to the city council of
the city of Centralia the number and description of build-
ings necessary for the purpose of common schools in said
city, which report shall be in writing and specify the
amount of money necessary to be raised to meet the ex-
penses of erecting such buildings ; and said board shall
also specify in said report the amount of money necessary
to be raised, in addition to the amount accruing to said city
under the general school law of this state, to defray the
other expenses of said school system during the current
year ; and thereupon the said city council shall proceed to
levy a tax sufiicient to meet such expenses of building and
repairing school houses and the expenses attendant upon
the maintenance of said free schools in said city during the
whole year, customary vacations only excepted; said taxes
to be levied and collected as the other taxes of said city are
Additional tax. or maybe collected: FrovidecT, that said additional tax
shall not exceed in any one year one and one half cents on
the dollar of the taxable property of said city ; and it shall
be the duty of said board, on or before the first Monday in
April in every year thereafter, to make a report, in writing,
to the city council of all moneys received, how and for
what purpose expended, with the proper vouchers, and give
such other information in relation to said schools as they
may deem important, specifying in said annual report the
amount of money necessary to be raised by taxation to de-
fray the expenses of said school system. And the city
council shall, annually, upon the coming in of such report
and within thirty days thereafter, proceed to levy a tax
sufiicient to meet such expenses, to be levied and collected
as the other taxes of said city : Provided^ said tax shall
not exceed one and one half cents on the dollar of the tax-
Pubiication of able property of said city. And the said city council shall
reports. cause all such reports of the board of education to be pub-
lished, or so much thereof as they may deem necessary —
the reports being left with the mayor of the city, open to
pubUc inspection : Aiid^ ^rovided^ alsOy that the city col-
SCHOOLS, CITY. 413
lector shall receive two per centum only for collecting
said tax.
§ 9. All le^al titles to lands and houses and other prop- Property to
erty, used for common school purposes in the city of Cen- Iduoatiou*!*'^'^ *^^
tralia, shall vest in said board of education at the taking ef-
fect of this act ; and all the titles acquired thereafter shall
be in the name of said board of education ; and said board
of education shall have power to sell, lease and convey any
and all of the lands and tenements held under and by virtue
of this act, and to purchase other lands and tenements in
eligible positions.
§10. That for the purpose of building school houses, or May borrow
purchasing school sites, or for repairing or improving the ^°^'^^-
same, the board of education, by a majority vote of the
electors voting at an election called for that purpose, may
order a special tax or may borrow money, issuing bonds in
shares of not less than one hundred dollars each, to be sign-
ed by the president of said board and countersigned by the
secretary ; but the rate of interest shall not exceed ten per
cent., nor shall the sum raised or borrowed in any one year
exceed five per cent, of the taxable property of the district,
nor shall the tax levied in any one year for building
school houses exceed three per cent, of the taxable property.
§ 11. Annually, at such tunes as the board of educa- nations^ *^^^™^"
tion shall appoint, public examinations of all the schools
shall bo had, under the direction of said board.
§ 12. So nyich of the general school laws, and so much mcocsisteut
of all other laws of this state, general or local, as may be ^^^^ repealed.
inconsistent with this act, are repealed, as to the city of
Centralia.
§ 13. This act shall not take effect unless a majority of Qaeation snb-
the legal voters of the said three several school districts af- Voters. ° ^^'^
fected by this bill shall vote for the provisions of this act.
That in order to enable said voters to determine said ques-
tion, public notice shall be given by posting up in each of
said school districts, in five public places in each school dis-
trict, printed notices, ten days before the day of taking said
vote ; and ten days before the said election, the city of
Centralia shall cause this act to be published in the two
newspapers of said city.
§ 1-1. This act shall take effect and be in force from and
after its passage.
Approved April 1, 186'J.
reciors.
Ward election
414 SCHOOLS — CITY.
In force March AN ACT in relation to the common schools in the city of Monmouth.
31, i8(jy.
Section 1. Beit enacted hy the People of the State of
Illinois^ represented in the bfeneral Assenihly^ That in
school district number nine (9), in township number eleven
(11) north, of range number two (2) west, of the fourth
principal meridian, and being the school district in which
the city of Monmouth, in the county of Warren, is situated,
Additional di- there shall hereafter be elected two school directors for said
district, in addition to the three school directors for said
district, as now provided by law.
\ 2. That at the first election for school directors in said
for'directors. district, after the passage of this act, there shall be elected
three directors, one of whom shall be elected from the east
ward or sub-division of said district, one from the west
ward or sub-division of eaid district, and one from the city
at large — one of whom shall be elected for the term of one
year, and the other two for the term of three years, to be
determined by lot among the three ; and at all subsequent
elections there shall be one director elected from each of
said wards or sub-divisions, and one from the city at large,
as vacancies may occur, and in the manner now provided
by law ; and, when so elected, shall hold their office for the
term of three years. The director so elected from the city
at large shall be the president of said board of directors.
sn ervisionof § ^- The dircctor for each of said wards or sub-divis-
schoois. ' ions shall, under the control of the board of directors, have
the care and supervision of the schools in such ward or sub-
division : Provided,, that said directors shall have the right
to emplo}'- a superintendent for all the schools of the dis-
trict, whenever, in their judgment, the interests of the
schools shall require such superintendent : And ^provided,,
also, that the said board of directors shall have the authority
to pay the clerk or secretary of said board such reasonable
compensation for his services as may be just.
Conflicting § '^- That so much of the general school law of the
acta repealed, state as is in conllict herewith is hereby repealed ; and this
act shall be deemed a public act, and shall be in force from
and after its passage.
Appeoved March 31, 1869.
In force April A.N ACT for the estahlishment of a system of graded schools in the city of
19, 1869. Nashville, Illinois.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That all the
territory within the limits of the city of Nashville, Wash-
80HOOI8, CITY, 415
ington county, Illinois, according to its present or future Boundaries,
boundaries, is hereby erected into a common school dis-
trict, to be known as "Nashville School District."
§ 2. All school lands, school funds and other real and Division of
personal estate, notes, bonds or obligations belonging to "" *'
township two (2) south, and range three (3) west, of the
third principal meridian, Washington county, Illinois, held
or owned for school purposes, shall be divided between the
city of Nashville and the portion of the township without
the same, in the proportion and manner following : The
school trustees of said township shall, within thirty days
after the first election contemplated by this act, appoint two
commissioners, who are freeholders, one a resident of said
city, 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 and the whole number in said city, and there-
upon said trustees shall divide and apportion said funds,
real and personal estate, bonds, notes and obligations of
said township, between the city and the township without
the city, according to the number of persons under the age
of twenty-one years residing in said township. Said trus-
tees shall have power to supply any vacancy occurring
among said commissioners.
§ 3. Said trustees or other person or persons, having property lo be
custody or control of said funds or lands, shall pay over and board 'of eciuc^a-
deliver to the board of education of Nashville school dis- i^^n.
trict, 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 the necessary deeds and other conveyances for
the share of the real estate due said district under said di-
vision.
§ 4. The public schools of said district shall be under jnrisiiicticn.
the exclusive management and control of a board of educa-
tion, to consist of the mayor of said city, who shall be the
president of the board, and two (2) directors from each
ward of the city, to be known as the "Board of Education
of Nashville School District," each of whom, with treasurer
and clerk of said board, shall be sworn to discharge their
duties with fidelity.
§ 6. Said board shall have exclusive control over the Exclusive con-
school lands, funds and other means of said district, for *'™'"'^'"""''"''^-
school purposes, and shall have fall power to do all acts and
things in relation thereto, to promote the end herein desig-
nated ; may sell or lease said lands and other lauds or
property which may have been or may hereafter be dona-
ted, purchased or designed for school purposes in said dis-
trict, on such terms, for cash or credit, and at such times as
they may see proper ; they shall have full power to receive
conveyances or donations, and to make the necessary deeds
416 SCHOOLS, CITY.
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: Promded^
however^ that no sale or lease of land for more than one
year shall be made without the concurrence of three mem-
bers of the board. A majority of the directors, with or
without the president, shall constitute a quorum for the
transaction of business ; and, in the absence of the president,
they may appoint one of their own body president pro
tempore. The president shall only vote in case of a tie,
when he shall have the casting vote.
Sites, build- § 6. Said board shall have full power to purchase or
i"gs> e c. 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
Board to raise public graded schools, to be kept in one or more buildings,
moiiGv tor scliool • cj ) * cj ■'
purposes. in Said district; to supply insufficiency of school funds, for
the payment of teachers and other school purposes and ex-
penses, by school taxes, to be levied and collected as herein-
after provided ; to determine the number, make the ap-
pointment and fix the amount of compensations of teachers
within said district and of all other agents and servants :
Provided, that the directors shall in no case receive any
compensation for services as directors ; to prescribe the du-
ties to be taught and books to be used in said schools, in-
cluding maps, charts, globes, etc. ; to pass by-laws, rules
and regulations, to carry these powers into complete execu-
tion and for the government of their own body, their own
officers, agents and servants; providing for their meetings
and adjournments, and, generally, to have and possess all
the rights, powers and authority 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 maybe necessary,
(rtycouneiito § '^' ^^ shall be the duty of the board of education, and
levy tax. {\^Qy shall have full power, to determine the amount of
money needed and to be raised for school purposes, over and
above the amount from the school funds hereinbefore enu-
merated or from other sources : Provided, said board shall
not for any one year require to be raised more than five per
centum for the benefit of said schools on the assessed value
of the real and personal property of said city for such year,
without a majority of the legal voters of said city authorize
them to do so, at an election to be held for that purpose, at
such time and conducted in such manner as the board may
direct ; nor shall said board or city council make any loan
whatsoever, for school purposes, wathout a previous au-
thority by such vote, but with the concurrence of a majority
of the said voters it sliall be lawful to raise such sum, either
SCHOOLS, CITY. 417
by taxation or loan, as said board may see proper; and be-
fore the first day of August of each year they shall deter-
mine the amount required to be collected by taxation for
expenditures for one year from the first day of January
then next ensuinp^, for school purposes generally, and cer-
tify the amount to the city council of JSTashville.
§ 8. It shall thereupon be the duty of the city council Levy tax.
to levy said sum on all of the real estate and personal
property of said city, according to the assessment and valua-
tion thereof for the current year, equally, by a certain rate
per centum, and collect the same as city taxes are collected.
A special column shall be prepared in the city duplicate,
headed "School purposes," in which shall appear the amount
of tax for school purposes chargeable against each parcel of
real estate or amount of personal property ; and when said
taxes are collected the treasurer shall keep a separate ac-
count of the same, and they shall be used and applied for
school purposes only, and shall be paid only on the order
of said board.
§ 9. It shall be the duty of the board to cause an ab- Abstract or the
stract of the whole number of children under the age of dr^."°
twenty-one years within said district, to be made, and
furnish the same, with such further information as is re-
quired in sections 36 and 79 of the "Act to establish and
maintain a system of free schools," approved February
16th, 1857, to the school commissioner of Washington
county, Illinois, within ten days after the same shall have
been ascertained ; and the school commissioner shall 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 distri-
bution for the support and benefit of the schools in said
county, in accordance with the orovisions of the free school
law now in force, the same as if no special charter had
been conferred upon the schools of the city of Nashville.
§ 10, The city council of the city of Nashville are hereby May borrow
vested with full power to borrow such sums of money, be- '^^^"^y-
ing subject to the restriction contained in the 7th section of
this act, as they may deem necessary for school purposes in
said district, at a rate of interest not exceeding ten per
centum, per annum, which may be made payable, semi-
annually, at such place as may be agreed upon, and the
money, when so borrowed, shall be placed under the con-
trol of the board of education.
§ 11. The board of education shall be elected by all the (^aaiiflcation
quahfied voters of said school district; but one director ^'"^ ^^'■®^*°'*-
shall reside in each of the wards of said city, and be a
householder and freeholder thereof. The directors shall
hold their offices two years from the day of their election,
except that one-half of the first board elected under this act
shall retire from office at the expiration of the first year and
Vol. 111—53
418
SCHOOLS, CITY.
one-lialf at the expiration of the second year, and the
Termor office, period of their retirement shall be decided as follows : The
clerk of the city council shall take six strips of paper, on
three of which he shall write the words "one year," on
three "two years." Each member elect shall draw and
shall serve the period of time indicated by the words on the
paper which he draws. An election shall be held annually
at the place where the city council of Nashville hold their
meetings, on the first Monday of June ; at the first of which
all of said directors shall be chosen, and at each election
thereafter successors to the directors whose terms are about
, Appointmont to expire. For the first election the officers shall be ap-
pointed by the cit}' council of Nashville, and notice thereof
being published by said council ten days before the election,
in a newspaper of said city ; but for each subsequent elec-
tion said appointments shall be made by the board of edu-
cation and notice given by them, as aforesaid, and for what
wards directors are to be chosen ; and said election shall, in
every other particular, the supplying vacancies in the ofii-
cers thereof, substituting the place for holding the election,
conducting the election, making the returns, etc., etc., be
governed by the ordinance of the city of Nashville in force
Judges of eiec- at the time of election. Said board shall be the judges of
^*°°' the election and qualification of its members, and in de-
termining the same shall be governed by the city ordinances
as aforesaid. All ofiicers under this act shall hold their
ofiices until the election and qualification of their succes-
sors, liemoval from his ward and not out of the city by
any director, shall not vacate his ofiice. And whenever
any vacancy shall occur in the ofiice of director the city
council of Nashville shall supply the same, upon notice
thereof by the board of education ; but such appointment,
so made by the city council, shall only continue until the
next regular election of directors, when a successor shall be
elected, who shall hold his office for the unexpired term
only.
e?eTk'"*'""^'^'^ § 12- The treasurer and clerk of the city of Nashville
shall be the treasurer and clerk of the board of education,
and the board shall determine their duties, compensation
and amount of security to be given.
Investment of § 13. Said board shall cause funds not needed for im-
BMpias funds, mediate use to be loaned at the rate 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 estate of at
least double the value of the loan, without estimating perish-
able improvements; for any sum of one hundred dollars or
under, good and satisfactory personal security may be
taken.
indehtednesa § 14. All notcs and Securities shall be to the board of
boara'eTuc'aUon education, for school purposes, and the borrower shall be at
SCHOOLS, CITY. 419
all the expense of examiniDg titles, preparing and record-
ing papers.
§ 15. In settling the estates of deceased persons, debts Debts. preferred
for school purposes shall be preferred to all others, except
those attending the last ilhiess of the deceased and his
fnneral expenses, excluding the physician's bill.
§ 16. If default be made in the payment of interest or intsrest.
of principal, when due, interest at the rate of twelve per
cent, per annum on the amount due shall be charged from
the default, and may be recovered by suit. Suit may be
for the interest only, whether the principal 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 recov-
ered by suit, if necessary.
§ 17. All judgments for principal or interest, or both, interest on
shall draw interest at the rate of twelve per cent, from the J'^'^Kments.
rendition of judgment; and said board may purchase in
property sold on execution or decree in their own favor as
other persons, with right of redemption as in other cases.
No judgment for costs shall be rendered against said board,
to be paid out of school funds.
§ 18. If the security for any loan or other debt due the security.
school district, in the judgment of the board, becomes
doubtful or insecure, they shall cause the debtor to be noti-
fied 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
condition or stipulation be not inserted in the note.
§ 19. The board of education shall publish, annuall}^, a Annual state-
statement of the number of pupils instructed the preceding °^®^^'
year, the several branches of education pursued, the re-
ceipts and expenditures of each school, specifying the re-
sources of such receipt and the objects of such expenditures.
§ 20. Said board shall have full power to admit persons Non-reBideuts
who do not reside within said district into said schools, admitted,
upon such terms as they may think proper.
§ 21. All free persons over the age of five years and Kequiredage.
under the age of twenty-one years, residing within the 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
suspended or expelled or kept out of said schools altogether,
for improper conduct.
§ 22. In purchasing or leasinoj grounds or buildings, for . May purchase
11 ^ ■jxjn-t'^^' 1 ° ■>■, site for school.
school purposes, said board ot education may do so on creait;
and when the price and conditions of the purchase or lease
are agreed upon, the board may certify the same to the city
council of Nashville, and the council shall make or cause to
be made to the proper party the bonds or obligations of
420
SCHOOLS, CITY,
said city for the payment of the purchase money, according
to said terms, or said board may execute, in their own
name, said contract, bonds or obligations, and they shall be
binding upon said city ; and the city council shall provide
for the payment of the same and the interest thereon as it
becomes due, as though they were executed by the city of
Naghville and under her corporate seal.
Part of charter. § 23. This act shall be attached to the act incorporating
the city of Nashville, and be considered a part of said
charter.
§ 24. This act shall be in force and take effect froin
and after its passage.
Approved April 19, 1869.
fn force March AN ACT to repeal au act entitled "An act for the establishment of a
^^> ^^^^- system of graded Bchools in Kauvoo, Illinois."
Section 1. J3e it enacted hy the People of the State of
Illinois^ represented in the General Assemhly^ That an
Actrepeaied. act entitled " An act for the establishment of a system of
graded schools in iMauvoo, Illinois," approved February
28, 1867, be and the same is hereby repealed.
Powers of the § 2. That all the property and rights of the board of
trustees. education of the Nauvoo school district be and the same is
hereby vested in the trustees of schools of the town of
ISTauvoo ; and the general laws of this state relating to
schools and school property shall, in all respects, apply
thereto ; and such trustees shall be successors to the board
of education of the Nauvoo school district.
§ 3. This act shall take effect and be in force from an d
after its passage.
Approved March 30, 1869.
1° foj'Ce March AN ACT to amend an act entitled *'Au act to establish free schools in
' ■ the city of Ottawa," and to amend an act entitled " An act to charter
the city of Ottawa," approved February 14, 1855, and of the acts amend-
atory thereto.
Section 1. Be it enacted ly the People of the State of
Illinois^ represented in the General Assembly, That sec-
sections re- tion five of an act entitled "An act to establish free schools
^^^^ ■ in the city of Ottawa," and to amend an act entitled " An
act to charter the city of Ottawa," approved February 14,
1855, be repealed.
80HO0LS, OITY. * 421
^ 2. Tlie city council of said city are hereby required May lovy tax.
to levy, annually, in addition to the amount levied for other
purposes, such a tax, not exceeding twenty thousand dol-
lars, on the value of all the taxable property in said city,
as the said board of education in said city shall decide to
be necessary and proper, as hereinafter mentioned : Pro-
vided, that such sum shall not exceed twenty thousand
dollars in any one year, it being the intention of this act
to restrict the amount to be raised by tax by said board of
education for keeping said schools in operation for any one
year to twenty thousand dollars. The expenses of levying
and collecting all taxes for school purposes, not collected
as cost, shall be paid out of the city treasury. All taxes
for school purposes shall be assessed and collected at the
same time, in the same manner and by the same officers as
the other city taxes shall be, and when collected, the
city collector shall pay the same to the treasurer of the
board of education weekly, and take duplicate receipts
therefor, one of which he shall keep and the other shall be
filed with the clerk of the board of education. It shall be collector to
the duty of the city collector, before entering upon the ei^ebond.
duties of his office, to execute to said board of education a
bond, in the penal sum of not less than double the amount
of the tax to be collected for school purposes.
§ 3. The tax authorized to be raised by this act shall be AppUcatiou of
applied in j^ayment of the expenses which may be in- ^^^^^'
curred by keeping the public schoolsin this city in operation.
§ 4. The said city council of said city are required to Additional tax.
levy, in addition to the tax hereinbefore provided lor, a tax
of five mills on the dollar on the value of all the taxable
property in said city in the present year, 1869, which said
tax of five mills shall, when collected, be paid to the treas-
urer of said board of education, and the said board of edu-
cation shall apply said five mill tax in payment of the present
indebtedness of said board, incurred by the building and
repairing of school houses and in payment of such interest
as may accrue on all money which said board of education
may be obliged to borrow hereafter, for the purpose of
keeping the public schools in said city in operation. If said
five mill tax shall be insufficient to pay the present indebt-
edness of said board of education, incurred in the building
and repairing of school houses and interest, as aforesaid",
then said city council shall, on the written application of
said board of education, levy, in the year 1870, a tax not Two mm tax.
exceeding two mills on the dollar of the value of all the
taxable property in said city, which two-mill tax shall be
paid to the treasurer of the said board of education, and
shall be applied by said board of education in payment of
the present indebtedness of said board, incurred 'as afore-
said, and in payment of such interest as shall be incurred
by said board of education in borrowing monev for the
422 SOHOOLSj CITY.
purpose of keeping the public schools in said city in opera-
tion.
May borrow § 5. The said board of education are hereby authorized
money. j-q borrow money necessary to keep the public schools in
said city in successful operation — but said board shall not
have power to borrow money for any other purpose than
herein specified. All moneys which may be so borrowed
by said board shall be paid out of the next tax.
Levy of tax § 6. It shall be the duty of the city council, when such
byeonncii. board of cducatiou shall decide what amount shall be
necessary, as provided in section second of this act, to keep
such schools in operation, to levy such a per cent, upon each
dollar of all taxable property in said city as shall be neces-
sary to be levied, in order to raise such sura.
§ 7. This act shall be taken as a public act, and shall be
in force from and after its passage.
Approved March 30, 1869.
In force when AN ACT entitled "An act to incorporate the Shelbyvillo Graded School."
adopted by
legal voters.
Section 1. J5e It enacted hy the Feojple of the State of
Illinois, rejpvesented in the Q-eneral Assembly, That the
Boundaries of territory embraced within the corporate limits of the city
school districts, ^jc- jghelby villc, as at present defined, or as may hereafter be
extended, shall constitute a union school district, to be
known as the ''Shelbyville Graded School."
Government § 2. The government of said school district shall be
oredncaUon*'^'^ vested in a board of education to be composed of the six
following named persons and their successors in oflice, viz :
Anthony T. Hall, John W. Johnson, Findley Behymer,
Thomas P. Bryan, Elisha E. "Waggoner and William A.
Cochran. Said persons composing the first board shall hold
their ofiico until the first Monday of April, in the year
eighteen hundred and seventy, and until their successors
are duly elected and qualified, and they and their successors
in office are hereby created and declared to be a body cor-
porate and politic by the name and style of the " Shelby-
ville Graded School ;" and, by that name, may sue and be
sued, plead and be impleaded, and receive, purchase, ac-
quire and hold title to both real and personal estate, con-
veyed, given, granted, bequeathed, or in any manner trans-
ferred to said " Shelbyville Graded School," and may have
corporatepow- and use a common seal, and alter the same at pleasure, and
*"'^' may sell and convey real estate and personal property be-
lono-ino; to the school district or districts embraced within
said corporate limits ; and all the school houses, property
and real estate belonging to the school district or districts
embraced within said school district are hereby conveyed
SCHOOLS, CITY. 4:23
and vested in said board of education in fee simple, and the
said board of education are hereby made the successors of
the directors of all the schools of the school districts
merged in or embraced within the limits of said district ;
and all documents, contracts, indentures or instruments in
writing made or issued by said board shall be signed by
the president thereof, and attested by the clerk thereof.
§ 3. On the first Monday of April, A. D. 18Y0, there Election of the
shall be elected by the electors of said school district six ^°^^^'
persons, who shall constitute said board of education, and
uJ)on their first meeting the persons composing the same Temof ofSce.
shall cast lots for their respective terms of ofiice ; two to
serve for one year, two to serve for two years and two to
serve for three years ; and on the first Monday of April an-
nually, after the day and year aforesaid, there shall be
elected by said electors of said district two persons as mem-
bers of said board of education, and also persons to fill any
vacancy or vacancies in said board for unexpired terras,
when they occur. Ten days previous notice of such elec- Notico of eieo-
tions shall be given by the clerk of said board by posting ^'°°-
up written or printed notices of the time and place and pur-
poses of such election, in the most public places in said
school district. Said elections shall be held at the court
house in said school districtt and shall be by ballot. The
president of said board and one member thereof shall be Judgesiof eiec-
judges of such elections, and the clerk of said board shall
be clerk of such elections, but if any of said ofiicers shall
fail to attend or refuse to act the electors assembled shall,
viva voce, choose persons to act as such judges and clerk.
A poll book shall be kept by the clerk registering the names
of votes, and the persons receiving the highest number of
votes cast shall be declared by the judges of such election
duly elected. The elections shall be opened at the hour of Manner of
ten o'block A. M. and shall be closed at the hour of four ^fjjf,;;'"^^"'"'-
o' clock, P. M., and the judges and clerk shall certify to the
board of education the names of the persons who are elect-
ed members of said board, and the number of votes each
person voted for received. If between the times of the an- Vacancies, how
nual elections any vacancy shall occur in said board by
death, removal from said district or resignation, the re-
maining members of said board shall appoint a person to
fill such vacancy until the next annual election.
§ 4. On the second Monday of April, in each year, organization,
said board of education shall meet and organize by electing
one of their number president of said board, and another
of their number clerk of said board, and shall appoint a
treasurer of said corporation who shall not be a member of
said board. The treasurer shall hold his ofiice for one
year and until his successor shall be appointed, but may be
removed at any time for cause and his successor appointed.
Said president and clerk shall hold their ofiices for one
424 SCHOOLS, CITY.
GJerk's duties, jqslv ', the clei'k of saicl board shall be present at all meet-
ings of said board and record the proceedings of such meet-
ings in records to be provided by the board for that pur-
pose ; the result of the elections aforesaid and all appoint-
certiflcate ments shall be entered in such records. Said proceedings
dence"in cou^tl when recorded shall be signed by the president and attested
by the clerk of said board, and the same, or certified copies
thereof, under the hand and seal of said clerk, shall be
j^trima facie evidence in courts and elsewhere. Said board
shall also meet on the second Monday of July, October and
January of each year, and may adjourn from time to time
as they may think proper, and the president or any two
members of said board may call special meetings thereof
Quormnto do whenever it may seem proper. Four members of said
business. board shall constitute a quorum for the transaction of busi-
ness, and in the absence of the president or clerk, the board
may appoint a president or clerk, fvo tern., and upon the
death, removal from the district aforesaid or resignation of
the president or clerk, the board shall elect persons to fill
such vacancies for the unexpired term.
Powers of the § 5. Said board of education shall have the followins:
board.
fci
powers, besides those hereinbefore mentioned :
(1,) They shall provide schools for the accommodation
of all persons residing within said school district, between
the ages of five and twenty-one years, for not less than
nine months of each year.
Control school (2.) They shall have control of all school houses, school
property. |^^g ^^^ school property within said district ; shall have
power to purchase lots for the erection of school houses
thereon ; erect or hire buildings for school purposes and
keep the same in repair, and furnish schools with necessary
fixtures, furniture, books, apparatus and library.
Mayseiischooi (3.) Whenever said board of education shall be of the
opinion that any of the real estate belonging to said board
or district has become unnecessary, nnsuitable or incon-
venient, 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 and at-
tested by the clerk of said board, and shall, when thus ex-
ecuted, pass the title to the real estate belonging to said
corporation.
Appointment (^O They shall appoint principals of the schools of
of teachers. gaJfi district, and all teachers ; fix their salaries or compen-
sation, and may, at discretion, dismiss such principal or
teacher or teachers at any time.
Books. (5.) They shall direct what branches of learning shall
be taught, and what books shall be used in said schools.
Gradea, etc. (0). They shall establish departments of different grades,
and may, either themselves, with the aid of the superin-
tendent or superintendents, or through a committee of three
examiners, to be appointed by said board, including said su-
perintendent or superintendents, examine scholars in ad-
SCHOOLS, CITY. 425
vaucing them from grade to grade, and upon passing a suf-
ficient examination, upon completing the branches of learn-
ing directed by said board, scholars shall be entitled to a
certificate from said board, under the hand of said presi-
dent and attested by said clerk, that such scholar has
graduated at said school, and said board shall have power
to make all necessary rules and regulations for the admis-
sion of pupils residing out of the district, and the govern-
ment of the school or schools of said district, and may sus-
pend or expel pupils guilty of refractory or incorrigible
conduct, or possessed of any infectious or contagious dis-
ease, and may appoint agents and servants upon any mat-
ters conducive to the interests of said district.
(7.) Said board shall have power, in the certificate of . Q"*^^^^*"^'^
graduation heretofore provided for, to certify to the quali-
fication of such scholar or scholars, and their fitness to
teach in the common schools, and upon the presentation of
such certificate of graduation to the superintendent of the
county of Shelby, such superintendent may grant to such
scholar or scholars a certificate to teach in the common
schools of the county without requiring such scholar or
scholars to undergo any further examination.
(8.) For the purpose of building a high or central school Bniiciingfs, ii-
house and other school houses and purchasing lots or real "^'*"^^' *'''^*
estate for such buildings, libraries and apparatus, it shall
be lawful for said board to borrow money at a rate of in-
terest not exceeding ten per centum per annum, and issue
bonds therefor in suras of not less than fifty dollars, which
bonds shall bo signed by the president and attested by the
clerk, for and in behalf of said board. And the said board Levy special tax
shall, prior to the second Monday of August, annually, es-
timate the amount of money necessary to be raised by a
special tax for school purposes in said district during the
ensuing year, and find what rate per cent, this amount will
require to be levied, which shall not exceed three per cent.
on the assessed value of the real and personal property in
said district, which rate shall be certified by the president
and attested by the clerk, and when thus certified, return-
ed to the clerk of the county court of Shelby county, on or
before the second Monday of September, annually, and
which certificate may be in the following form : '• "VVe, ccitmcate.
the ' Board of Education of the Shelby ville Union School,'
hereby certify that the district requires the rate of
per centum on the dollar to be levied on the taxable prop-
erty of said Union School District for the year , for
school purposes. Dated this day of , A. D
Attest, C. D., clerk. A. B., president." The money thus Moucy, how
raised shall bo appropriated by the said board to the vari- =^P'"'°''''''*^^ •
ous objects for which it was intended, and shall be collect-
ed in the same manner as school taxes are collected under
section 45 of the act entitled " An act to establish and,
Yol. Ill— 54
426 SCHOOLS, CITY.
maintain a system of free schools, approved February 18,
1857, or any laws of this state that may hereafter be pass-
ed for the collection of school taxes, and shall be paid over
by the collector or coUectorstothetreasurer of said district.
Treasurer. § 6. The treasurer of said school district, within ten
Bondandsecn- days after his appointment, shall execute a bond, with two
rity required. ^^ more good and Sufficient 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 pa/ over all moneys,
upon the 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 hands as such
treasurer, and faithfully discharge the duties of his office.
Duties of the And it shall be the duty of said treasurer to receive and keep
treasurer. ^j| moncys oftho Said board, and all moneys due said board
shall be paid to said treasurer, and he shall keep a true and ac-
curate account of the same, and of all moneys he shall pay
out, in a record to be kept for that purpose, and he shall pay
out no money except on the order of said board, and shall
retain vouchers for all moneys he shall pay out, and shal
receive one per centum upon all moneys received and paid
out by him for his^service ; and he shall settle with said
board at least once in each year, and oftener if said board
shall so require. All orders of said board drawn on the
treasurer shall state for what purpose given, and a record
of the same shall be made by the clerk.
TO ^Jtastolof § '^' ^^^^ corporation shall be entitled to receive a pro
school fund. rata share of the state, county and township school funds,
the same as given to other school districts of said county,
and the board shall require the teachers or the principal
teacher of the schools of said district to keep and return
sciiedules as now required by law or as may hereafter be
Schedules filed, required by law ; said schedules or copies thereof shall be
filed with the township treasurer of Shelbyville township,
in said county, before the semi-aunual meeting of the
trustees of schools of said township, in the months of April
and October in each year, or other times that may be fixed
by law for the distribution of the school fund, and said
trustees of schools shall distribute to said district a pro
rata share of the amount of state, county and township
funds, according to the number of children under twenty-
one years of age, and the attendance certified in said
schedule or schedules or copies, or according to any other
Dist.fibutiou of basis upon which said funds shall be distributed, as may
hereafter be fixed by law, in the same manner and propor-
tion as made to other school districts of said township,
which shall be paid over by the said township treasurer to
the treasurer of said district, and in case of any irregu-
larities or omissions in said schedules, or copies thereof,
or in not making or filing the same with said township
;treasurer, as aforesaid, the said trustees of schools or other
SCHOOLS, CITY,
4:27
distributing officers, that may 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 enumeration has been made,
and statement of such attendance upon the schools of said
district, or requiring such enumerations and schedules, or
copies thereof to be made, and it shall be the duty of ^^i^. ^J'j^jjgt'^g^^'"""^^
board to cause the clerks to certify to said trustees of ° '^^ ^**"
schools of said township, on or before the first day of Sep-
tember in each year, the number of children under twenty-
one years of age, and between the ages of five and twenty-
one years, living in said district, and any and all other in-
formation required under the common school law of the
state.
§ 8. No person shall he qualified as an elector at any Qualification
of the foregoing elections unless he shall be qualified as an ° ^ ®''**'"^'
elector under the laws of the state of Illinois.
§ 9. The treasurer of said township shall pay over to Duties of tiie
the treasurer of said district all moneys and funds belong- ^'■'^^«"®--
ing to the several districts embraced within the corporate
limits aforesaid, and said board of education shall pay the
debts and liabilities of the said school districts embraced
within said district.
§ 10. The board of education may admit pupils from /fj^^^®^°° *^^
Shelby county and elsewhere upon such terms and charges
of tuition as they may deem proper.
S 11. No person shall serve as a member of the board Qualifications
/.I • 1 ■ !•<• 1 T ii 1 J, of members.
ot education who is not a qualified voter under the laws oi
this state, and who is not a freeholder in said school district.
§ 12. This act shall be submitted t3 a vote of the quali- ^.^'^ed'toMgai
tied electors of said district, to be held at the court house in voters.
said city of ghelbyville, on the first Monday of April, A.
D. 1869. Ten days previous notice thereof shall be given
by the persons named in said board of education, by publi-
cation in one or more of the newspapers in said city, of the
time and place of holding said election, and the persons
appointed as the board of education shall, before the time
of giving the notice aforesaid, meet and organize by select-
ing two of their number to act as judges of said elec-
tion, and by selecting one of their number to act
as clerk of said election; said election to be conducted in Manner of vo-
the same manner as is in this act prescribed for holding dufting eiec-
the annual district election for said district. Those voting '■'°°^-
in favor of the adoption of the foregoing act shall vote
thus : " For School Act." Those opposed to the adoption
of said act : " Against School Act." And if at such elec-
tion a majority of the votes cast are for the said act, then
it shall be the duty of said board of education to make a
record of said vote in the records of said board of educa-
tion, and said act shall be deemed and taken to be a pub-
lic act from and after said election : Provided^ that if a
4:28
SCHOOL DIEECTOES.
majority of the votes east are against the adoption of said
school act, then said act shall be deemed null and void.
Appeoved March 30, 1869.
SCHOOLS— DIRECTORS AND TRUSTEES.
In force Fell. 19, AN ACT authorizing tlie directors of the Ashton school district to build a
■'®^^" school house, and for establishing the bounds of said district and locating
said school house site.
school district.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly, That sec-
Bouudaries of tions twentj-ono (21), twenty-eight (28), twenty-seven (27),
twenty-six (26), thirty-three (33), the west half of thirty-
four (34), the west half of the north-east quarter of section
thirty-four (34), and also the south half of the south half of
section twenty-two (22), all in township number twenty-
two (22), range eleven (11) east, of the fourth P. M., shall
be formed into and shall constitute one school district, to
be known and designated as the "Ashton School District" ;
and the inhabitants thereof shall be entitled to and possess
all the powers, privileges, rights and immunities of other
school districts now provided for by law.
of § 2. The school trustees of said township may extend
the boundaries of said district so as to suit the wishes and
conveniences of the inhabitants thereof
§ 3. The school directors of said district are hereby em-
powered to build, or cause to be built, a school building,
such as the necessities of the district demand ; and the site
for the same is hereby fixed on block number twenty-one
(21), in the town of Ashton.
§ 4. This act shall take effect and \)q in force from and
after its passage.
Approved February 19, 1869.
Extension
boundaries.
Erect bnildins
In force March
10, 1869.
AN ACT to confirm title.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the
,Deed made valid deed of Luthcr II. Bowon, the original proprietor of the in-
corporated town of Savanna, Carroll county Illinois, and
SCnOOL DIRECTORS. 429
given to the school trustees of scliool district No. 1. in said
town, on the 9th day of April, 18G7, to block 27, in said
town, and the lease given by the board of town trustees of
the incorporated town of Savanna to the school trustees of
said town, on the 2nd day of July, 1867, to said_ block 27,
be and they are hereby confirmed and made valid, for the
use and purposes therein expressed.
§ 2. iBe it further enacted, thsit the school directors of Erect bmiding.
said school district No. 1. in said town, are hereby author-
ized and empowered to contract for the erection of a school
house, and to build upon and occupy the said block 27, as
a site for a school house, and to appropriate any funds
which have or may hereafter be raised by a vote of legal
voters of said district, and to expend the same in building
a school house thereon and in fencing, ornamenting and im-
proving the ground.
§ '6. This act shall take efiect and be in force from and
after its passage.
Approved March 10, 1869.
AN ACT authorizing the school directors of district number two, in town In force March
number thirty-eigiit north, of range fourteen east, in the county of Cook, 'A 1S69-
to raise funds for the estabhshment of a graded school.
Section 1. jBe it enacted hy the Peo])le of the State
of Illinois, represented in the General AssemUy, That the Levy taxes,
school directors of district number two, in town number
thirty-eight north, of range fourteen east, in the county of
Cook, are hereby authorized to levy a tax of not exceeding
one aud one-half per cent, for the year eighteen hundred
and sixty-nine, and one and one-half per cent, for the year
one thousand eight hundred and seventy, on the taxable
property of said district, in addition to the amount now au-
thorized by law, for public school purposes, and also to is-
sue bonds for a like amount, payable within three years, for
the purpose of securing grounds and erecting buildings for
the county normal school : Provided, tlie board of supervi-
sors shall decide to locate the same within the limits of said
district, or for the estabhshment of a graded school: Pro-
vided, the county normal school is not located within the
limits of said district.
§ 2. This act shall take effect and be in force from and
after its passage.
Approved March 29, 1869.
430 SCHOOL DIRECTORS.
Id force March AN ACT to legalize the action of the directors of schools in district seven
9, 1869. C^), in townships twenty-six (26) and twenty-seven (27) north, range (12)
twelve west, in the county of Iroquois, in issuing bonds for the purpose of
building a school house.
Section 1. Be it enacted h'y the People of the State of
Illinois^ represented in the General Assembly, That the
Issue of bonds actioii heretofore had and taken by the directors of schools
of district seven (T), in townships twenty-six (26) and twen-
ty-seven (27), in the county of Iroquois in issuing the bonds
of said district for the purpose of borrowing money to build
and furnish a school house in said district, be and the same
is hereby legalized and confirmed, and the bonds issued by
said directors are hereby declared to be valid.
§ 2. This shall be a public act, and shall be in force from
and after its passage.
Approved March 9, 1869,
valid
iR force March AN ACT to authorize school district No. three, township eight north, of
31, 1869. range eleven west, in Jersey county, state of Illinois, to issue bonds for
the purpose of building a school house.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
Issue bonds. directors of school district number three, of township eight
north, of range eleven west of the third principal meridian,
in Jersey coimty, state of Illinois, for the purpose of build-
ing and furnishing a school house in said district and pur-
chasing a lot therefor, are hereby authorized to issue bonds
of said school district for a sum not exceeding fifteen thou-
sand dollars, in sums not less than one hundred dollars
each, bearing interest at the rate of not more than ten per
cent., per annum, payable annually, and payable at such
time or times as they may deem proper, not less than two
Sale of bonds, ycars and not exceeding thirty years, from date. Said
bonds may be sold or negotiated for such discount or pre-
mium as said directors shall deem proper ; and the money
realized from the sale of said bonds shall be faithfully ap-
plied for the purpose of purchasing a suitable lot and build-
ing and furnishing a school house in said district : Provi-
ded, that said directors, before they shall be authorized to
issue said bonds, shall give notice, by posting notices in
four of the most public places in said district, and also by
publication thereof in all the weekly newspapers publish-
Qucstion Eub- cd therein, for tliree successive weeks before the day spec-
ot'ereaor*9.^°'^ ificd in said notice and next preceding the same, to the le-
gal voters of said school district who paid taxes on real or
SCHOOL DIRECT0E8. 431
personal property, or both, for the year A. D. 1867, for
school purposes, and who are entitled to vote for school
directors, to meet at the respective places of holding elec-
tions for school directors, to vote on the question as to
whether the said directors shall be authorized to issue said
bonds. Said notice shall also specify the amount of bonds
proposed to be issued, the rate of interest and the length of
time for which the said bonds are to run. Said election Manuerofcon-
shall be conducted in the same manner as elections for ductmt' election
school directors. One set of ballots shall contain the words
" For school house," and the other "Against school house ;"
and the returns of such election shall be with all convenient
dispatch certified to by the persons having charge of the same;
and if it shall appear therefrom that a majority of the voters
entitled to vote at such election under this act shall be in favor
of a school house, the said directors shall issue said bonds and
negotiate the same, for the purpose aforesaid ; but if a major-
ity of the persons entitled to vote at such election under this
act shall be against a school house, then the said bonds shall
not be issued : Frovided^ if the first vote should be against a
school house, then the said directors may again submit such
proposition any number of times they deem best to a vote
of those entitled to vote under this act who have paid taxes
on real or personal property, or both, in said district, for the
year previous to submitting said question, by giving like
notice.
§ 2. Said funds shall be a fund in the hands of said di- Liawiuy of
rectors, for which they shall be liable as other funds com- safet/offundT.
ing into their hands, and the same shall be placed in the
hands of the treasurer of said school moneys of said district,
to be drawn out on their order, for the purpose aforesaid :
Provided^ the said treasurer shall not be allowed any fees
or commissions exceeding one half of one per cent, for re-
ceiving and paying out of the same.
§ 3. The directors of said district are authorized to pay Bonds paid for
out said bonds to contractors for the building of said school f''h^","'^,„„= °'
- p ' \ • ty • !• 11 bcnuoi 110 age.
house, or furnishmg the same, or m purchasmg the lot
therefor: Provided^ the same are not taken at not less
than their par value.
§ 4. For the payment of interest or principal of said "^^yy '^^ '»
bonds hereby authorized to be issued, the said directors ''^^ ^^^ ■
shall be and are hereby authorized to levy and collect taxes
in the manner prescribed by the general school laws of this
state ; but in no case to exceed one per cent, on the taxa-
ble property of said district, without a vote of the people.
§ 5. This act is hereby declared a public act, shall be in
force from and after its passage.
Approved March 31, 1869.
433 SCHOOL DIEEOTOBS.
In force June AN ACT legalizing the action of trustees of town 18 west, of range one
19, 1869. east 3d P. M., in Macon, in leasing the school section of said town, and
for other purposes.
Section 1. Be it enacted hy the Peoj)le of the State of
Illinois, represented in the Qeneral Assembly^ That the
ActaofBchoo acts of the school trustees of town 18 "W"., rano;e 1 E., 3d P.
trustees legal. ^ (Austin TowDshlp), MacoH coiintj, iu leasing the school
section belonging to said town for the term of (10) ten years,
from the Ist day of March, 1869, in accordance with the
wishes of the inhabitants of said town, be and the same are
hereby legalized and confirmed ; and said school trustees
are hereby empowered to transact all business connected
with the leasing of said section and to collect all rents due
from the lessee of tlie same.
Lease, expenses § 2. They shall, immediately upon the receipt of any
money from said lessee, first pay all necessary expenses
which may have accrued on account of the leasing of said
section, and then pay over the balance to the school treas-
urer of said town.
Apportionment § 3. They shall, at their regular semi-annual meetings,
oi tandf. qu the first Mondays of April and October, apportion said
money in the hands of the treasurer to the several school
districts in their town, in the same manner that the public
money is now distributed, viz: One half in proportion to
the number of children under (21) twenty-one years of age
in each, and one half in proportion to the attendance certi-
fied in the schedules. The funds thus apportioned shall be
placed on the books of the treasurer to the credit of the re-
spective districts, and the same shall be paid out by the treas-
urer, on the legal orders of the directors of the proper
districts.
Approved March 31, 1869,
In lorce Mar-jh AN ACT to enable Wesley B. Lucas, a minor, to convey to the school
13, 1869. trustees of township three north, range ten west, in Madison county, a
piece of land for a school house site.
Section 1. Be it enacted Tyy the Beojfle of the State of
Illinois^ ^represented in the General Assembly^ That Wesley
A minor de- g Lucas, of Madison county, now a minor, is hereby de-
clared of legal , T ' ,.11 y^ , 1 . II J
caparity to con- ciarcd to 06 01 legal Capacity to grant, bargain, sell and
vey and. convoy, by deed, to the trustees of schools of township
three north, range ten west, in Madison county, a suita-
ble site for a school house, not exceeding in quantity two
acres of land, to be located as required by law ; and any
conveyance made by said Lucas to said trustees shall vest
SCHOOL DIREGT0B8. 43i
the title to said lands in them as fully as if he were of the
age of twenty-one years.
§ 2. This act shall be deemed a public act, and shall
take ettect and be in force from and after its passage.
Ai'j'Ko viiD March 13, 1869.
AN ACT to legalize the purcliase of a Bchool house site by the school di- In force March
rectors of school district No. 1., T. 2. N., R. 2 E., and to authorize them ^^' ^^^^•
to issue bonds to build a school house.
Section 1. Be it enacted hij the People of the State of
Illinois^ represented in the General Assevibly, That the conveyanee of
purchase of block No. two, in Mills' addition to tlie town land legalized.
of Salem, by the school directors of school district No. one
(1), in township No. two (2) north, range No. two (2) east,
in Marion county, Illinois, and the conveyance by Urial
Mills and wife to the school trustees of said township, in
1868, of said block, for the benefit of said school district,
are hereby legalized and held and declared to be good and
valid, and that the said school directors are hereby author-
ized and empowered to issue the bonds of said school dis- issue bonds.
trict, in various sums, of not less than fifty dollars, at the
discretion of said school directors, to the aggregate amount
of not more than twenty thousand dollars, for the purpose
of i^aying for said block or lot of ground and to build a
school house thereon ; which bonds shall be payable at va-
rious times, from one to ten years from the date of their
being issued, and shall draw interest, payable annually, at
the rate of ten percent, per annum; and that the said
school directors may, annually, levy taxes on the property
c>f said school districts, subject to taxation for other school
purposes, to pay for the same.
§ 2. This act shall be in force from and after its pas-
sage.
Api'eoved March 31, 1869.
AN ACT to legalize the assessment of school directors of school district In force March
No. 1, of town 2r. north, of range 4 east, in the county of McLean, and "**• ^^®*-
state of Illinois.
WiiEKEAS, an error occurred in the certification to the Preamble,
county clerk of the county of McIiCan, by the directors of
school district No. 1, town 26 north, range -1 cast, in the
said county of McLean, and state of Illinois, of the taxes
Yol. 111-55
434: SCHOOL DIKECTORS.
assessed by them for the support of a common school for the
term of nme months, for the year 1868, in said districts ;
therefore.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the
Aciditioaai tax. directors in said district are hereby authorized to make an
additional levy of one per cent, on all the taxable property
in said district, for the purpose aforesaid ; and the clerk of
the said county of McLean is hereby authorized and re-
quired to extend the same, immediately, upon the collec-
tor's book of said town, to be collected and paid over as
though no error had been made by said directors,
§ 2. This act shall be deemed a public act, and shall
take eifect and be in force from and after its passage.
Approved March 30, 1869.
Ie force March AN ACT to afford relief to the board of school direetors of district four,
29, 1869. in township one north, of range eight west, in St. Clair county, Illinois.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the
Extend eehooi board of school directors of district number four, in town-
*®'^™' ship one north, of range eight west, in St. Clair county,
Illinois, are hereby authorized, without a vote of the people
of said district, to extend the term of the public schools in
said district, each year, beyond six months and not exceed-
ing eleven months, and to levy and have collected each
year the necessary taxes for the same.
3iay boiTow § 2. Said board of directors are further authorized and
money. empowered to borrow money, from time to time, to meet
the current expenses of said board, and to pay teachers'
salaries and maturing bonds, and to issue for such moneys
so borrowed and for bonds maturing and now outstanding,
bonds, bearing not exceeding ten per cent, interest, per
annum ; and all bonds heretofore issued and renewed by
said board are hereby legalized and in full force and effect.
Anthority to § 3. This act shall be submitted to a vote of the legal
^^e^peop^ie/"^"" votcrs cf Said district, for adoption or rejection, at an elec-
tion to be called by the school directors thereof.
§ 4. This act shall to be in force from and after its pas-
sage.
Approved March 29, 1869.
SCHOOL DIEEOTOES. 435
AN ACT to legalize the acts of the school directors in Union school dis- la force March
trict Nos. 2 and 3, in town of Arispie, county of Bureau. ^9, 13H9.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the Acts of direc-
acts and doings of the board of school directors in joint ''^'■'' ^®^'^'^^*
district Nos. 2 and 3, in township No. 15 north, in range
No. 9 east of the fourth principal meridian, in Bureau
county, in building their present school house and in fur-
nishing the same, be and they are hereby legalized, and
the bonds they have issued in payment of the same or for
procuring funds are hereby made legal, and shall remain a
valid debt against said school district until paid.
§ 2. The board of directors of said school district shall Tax to pay debt
have power to levy such rate per cent, of tax as may be
necessary to pay said debt and interest: Provided, ^aXdi
rate shall not exceed six per cent of tax on the property of
said district in any one year ; and the said board of direc-
tors shall, also, have power to levy such rate per cent, of
tax as may be necessary to maintain a school in said district
nine months in each year.
§ 3. This act shall be in force fi'om and after its pas-
sage.
Approved March 29, 1869.
AU ACT to authorize the school directors of Union district number threa In force March
(3), Douglas township, Iroquois county, Illinois, to issue bonds. ^^' ^^^•
Whereas, at an election held on the eleventh day of Preamble,
September, A. D., 1868, in Union school district nnmbei-
three (3), comprising sections nineteen (19), twenty (20),
twentv-one (21), twenty -eight (28), twenty-nine (29), thirty
(30), thirty-one (31), thirty-two (32), thirty-three (33,) in
town twenty-seven (27), range fourteen (14) west; also
thirty (30) and thirty-one (31), in town twenty-seven (27),
range eleven (11), east, also north half of each of sections
six (6), in town twenty-six (26), range eleven (11) east, and
section six (6), in town twenty-six (26), range fourteen (14),
west, and sections four (4) and five (5), in town twenty-six
(26), range fourteen (14) west of third principal meridian,
in the county of Iroquois, state of Illinois, a large majority
of the legal votes cast at said election were in favor of the
school directors of said district borrowing twelve thousand
dollars, for the purpose of purchasing school site and erect-
ing a suitable school house thereon ; and whereas, said
school directors are to issue the bonds of said district for
the said sum, payable in ten equal annual payments, bear-
4:36 SCHOOL DIKEOTORS.
ing interest not exceeding ten per cent., payable annually
now, therefore,
Section 1. Be it enacted hy the People of the State of
Illinois^ reyvesented in the General Assembly^ That the
Acts of direc- action of the board of school directors of the said district,
tors legalized, for the purposes aforcsaid, be and the same is hereby legal-
ized and made valid.
Bonds issued. § 2. The said school directors are authorized to issue
bonds, as aforesaid, and to levy a tax each year to pay ofi'
the principal and interest of said bonds as each becomes due.
§ 3. This act shall be a public act, and take effect from
and after its passage.
Approved March 13, 1869.
lu force March AN ACT for the benefit of the School Fund of White Kock township, in
4> ise^' Ogle county.
Section 1. Be it enacted hy the Beople of the State of
Bounty money. llUnois^ represented in the General Assembly^ That all
moneys heretofore raised in the town of White Kock, in the
county of Ogle, and state of Illinois, for the payment of
bounties to volunteers into the armies of the United States,
during the late war of the rebellion, and not expended for
such purposes or needed for the payment of such bounties,
shall be paid by the town officer or agent or person holding
the same to the township treasurer of school funds of said
town — it being town forty-one (41), range one (1) east of the
third principal meridian — for the use of schools, and to con-
stitute a part of the general school fund of said township.
§ 2. This act shall be in force from and after its pas-
sage.
Appkoved March 4, 1869.
Ih force Jnue AN ACT to legalize the acts of the school directors of district number
19, ISW j^y^, ^g-)^ j,^ towBsUip thirty-three (o3), range thirteen (13), in the town of
Will, and county of Will."
Section 1. Be it enacted hy the Feople of the State of
Illinois^ represented in the General Assembly, That the
oftaxiecai '^^'^^ of the echool directors of district No. five (5), in tuwn-
evyo ax e= ^^.^^ tliirty-tlirce (33), range thirteen (13), in the town of
Will, and county of Will, in levying a tax for the building
of a school house for said district, in the year one thousand
eight hundred and sixty-seven (1867), and in building and
SCHOOL DISTRICTS — ESTABLISnED. 437
croctinej the said school liouse, bo atul tho same are liercby
legalized and conlirmed.
ArPKovED March 29, 18G9.
SCHOOL DISTRICTS— ESTABLISHED.
AN ACT to establish the AbiiK'don School District. In force March
10, 1869.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That all BounJaiiee,
of that district of country embraced in the following bound-
aries, to-wit : beginning at the southeast corner of the south-
west quarter of section thirty-four (34), in township ten (10)
north, range one (1) east of the fourth (4) principle meri-
dian, in the county of Knox, and state of Illinois, and run-
ning thence north one (1) mile, thence west two (2) miles,
thence south one mile, thence cast two (2) miles, to the
place of beginning, is hereby constituted a permanent
school district, to be known as the "A])ingdon School Dis- Name aud style.
trict ;" by which name it shall be capable of suing and
being sued, contracting and holding real and personal
estate, and to have such other general j^owers as the di-
rectors of schools shall or may have by law.
§ 2. Ko territory shall be taken from said district, ex- no reduction.
cept by act of the legislature.
§ 3. The school land, school fund and all otlier real ^fSedL^'^
and personal estate of township ten (10) north, range one
(1) cast, in the county and state aforesaid, in which said
district is situated, shall be divided between said district
and tho remaining portion of said township, as follows, to-
wit: The trustees of schools of said township shall, within
twenty days after the passage of this act, appoint two com-
missioners, who shall be respectable householders, one of
whom shall reside in said Abingdon school district, and the commusioners
other in said township without said district, who after being funds. '*''^°' ^°°
duly sworn well and truly to perform the duties of their
office, shall, without delay, ascertain, as near as may be,
the whole number of persons under the age of twenty-one
years in the whole of said district and townshij), and the
proportion thereof residing within said district and the
proportion without said district, and in that proportion shall
they divide and apportion the funds and real and personal
estate belonging to said township between said district and
the remainder of said township; and shall, as speedily as
438
SCHOOL DISTEICTS — ESTABLISHED.
possible, make a full return of their proceedings to the
trustees of said township. The said commissioners shall
have access to the books and papers ^of the township trea-
surer of said township, for the purpose of making such
division. And the trustees of said township shall have
power to make new appointments, from time to time, in
case of neglect or refusal of the said commissioners to act
or for other good cause, until the provisions of this act are
complied with.
proportion paid § 4. The trustecs of schools of said township shall, im-
mediately upon such division being made or reported to
them, pay over and deliver to the directors of the said Ab-
ingdon school district its proportionate share of the school
fund and evidences of loans and other personal estate, and
convey to the directors of said district, for the use of the
district, its proportion of any and all real estate owned by
said township, for the use of schools, except such as may
be held in trust for the use of the school districts for school
houses.
reafSr'"' 3/?' J^^ trustees of schools of said township shall,
withm thirty days after the passage of this act, convey, by
deed, to the directors of the said Abingdon school district
• all the real estate held by said trustees, for the use of
school district number four, in said township, and also, pay
over or cause to be paid over and delivered to the direc-
tors of the said Abingdon school district all money and
other personal estate held by the said trustees of the town-
ship school treasurer, for the use of said school district
number four (4).
^ Board of direc- § 6. The directors of school district number four, in
said township, be and they are herebv appointed directors
lor the said Abingdon school district, whose terms of office
shall expire and the successors be chosen at the same time
and in the same manner as is now or may hereafter be es-
tabhshed by general Jaw, and the same as though they
had continued to be the directors of the said district num-
ber lour.
chiid^er^'^'" § ^: J^f board of directors of the said Abingdon
school district are hereby required to make out and furnish
or cause to bo made out and furnished to the school com-
inissiouers ot Knox county, an abstract of the whole num-
ber ot children under the age of twenty-one years, at the
time and m the manner required by law of other school
othcers under the general laws of the state ; and the school
commissioner of Knox county or other proper officer shall
pay to the treasurer of said Abingdon school district its
proper proportion or share of the school, college and semi-
nary luiid, ol the two mill tax, interest, fines or other
moneys distributed according to the laws in force for each
apportionment or distribution, treating said district, for thig
purpose, the same as a township.
SCHOOL DISTRICTS — ESTABLISHED. 439
§ 8. The directors of the said Abingdon school district Treasurer.
shall, within ten days after the passage of this act, and
annually thereafter, at their first meeting after the election
of the director, each year, as is now provided by general
law, appoint a treasurer, who shall be, ex officio^ clerk of
the board, and shall require of him to execute to the said
Abingdon school district a bond, in at least double the
amount of the funds and property which may be intrusted
to his keeping at any one time, conditioned as the bonds of
township treasurers ; which bond shall be filed with the
school commissioner of Knoxj county, and the same shall
be a lien upon all the real estate of the obligors thereto
from the time the same shall be so filed. The directors
shall have power to require additional security from the
treasurer at any time, and shall be responsible for the sol-
vency of the security taken upon his bond,
§ 9. The treasurer of said district shall have the cus- Record kept.
tody and management of the money, securities and pro-
perty belonging to said district, subject to the direction of
the directors thereof; he shall keep a record of all the pro-
ceedings of the board of directors and [perform] all such
other duties as are provided for the township treasurers by
general law.
§ 10. The board of directors of said district, or any two May purchiiso
of them, who are hereby made a quorum to do business, si^uncis.
shall have power : First — tp buy grounds and sites for
school houses. Second — to hire, purchase or erect houses
and buildings to be used for school purposes and to keep ^^^^^^ of ^i.
the same in repair. Third — to furnish the schools with rectors.
the necessary fixtures, furniture and apparatus. Fourth — General duties.
to graduate the schools into primary, intermediate, prepara-
tory and higher departments; to fix the studies to be taught
in each department thereof, and to prescribe the books to
be used. Fifth — to employ and fix the compensation of
teachers, and to maintain support, establish and carry on
public schools therein for as many months in the year, not
less than six months, as they may deem proper. Sixth —
to borrow money and issue bonds therefor,- and also to levy
annually and have collected in the same manner as other ^
district school tax is collected by general law, ibr school
and building purposes, a tax, not to exceed four dollars on
the one hundred dollars' assessed valuation of all the tax-
able property in said district, as subject to taxation therein.
Seventh — to adopt such rules and regulations concerning
schools, not inconsistent with this act and the general school
laws of the state, as they may deem expedient. Eighth —
and, generally, to have all the powers conferred by law
upon directors of schools as necessary to carry any of the
foregoing powers into eflect.
§ 11. The directors of said district may admit pupils Non-resident
without said district to the public schools thereof or to any ^°^"*'
SCHOOL DISTRIOTS— ESTABLISHED.
department thereof, upon sucli terms and conditions as they
may prescribe.
PiDesandpen- § 12. All moncys arising from any lines or penalties
allies. under this act or for violation thereof, shall be paid over to
the treasurer of said district, and be added to the principal
of the school fund, to be loaned as other moneys.
Mayicaumoney § 13. The scliool fimd shall be kept loaned at interest,
at a rate of ten per cent, per annum, payable semi-annu-
ally. No loans shall be made for a longer period than
three years; and all loans exceeding one hundred dollars
shall be secured by unincumbered real estate of double
the value of the sum loaned, exclusive of the value of per-
ishable improvements thereon ; for sums of one hundred
dollars or less, two good sureties, besides the principal,
shall be required.
Notes and se- g ]4. All Hotos and Securities shall be taken and pay-
curitie^. ^^^^ ^^ ^^^ Abingdon school district, and in that name all
suits and actions shall be had.
Expenses. § 15. All oxpenses of preparing or recording securities
shall be paid by the borrower.
Payment of in- § 16. If default be made in the payment of interest or
terest principal when due, interest at the rate of twelve per cent.,
per annum, upon the same, shall be charged from the time
of such default, and may be recovered by suit or other-
wise. Suits may be brought for the recovery of interest
only, when the principal is not due.
.Judgments. § 17. All judgments recovered on the loan of school
money belonging to said district shall bear ten per cent,
interest, per annum, from the rendition thereof until paid ;
and, in case of the sale of real estate, the said district, by
its directors, may become the purchaser thereof; and on
the redemption thereof ten per cent, interest, per annum,
shall be paid from the day of sale,
noubtiui seen- § 18. If the security on any loan should at any time
ritymade good. |jQf,,re tjie same is duc bccome, in the opinion of the trea-
surer or directors of said district, insecure, the treasurer
shall notify the person indebted, and unless satisfactory
security be given forthwith judgment may be recovered
, thereon as in other cases, whether the debt be duc or not.'
Non-iesidentP. ^ 1^- Any porsou, being the owncr of land and residing
thereon, within one mile of and adjoining said district, may,
with his written consent and that of the trustees of his
t(nvnshi}), be annexed to said district, upon such terms as
the directors thereof may impose.
■ Appiieation of § 20. All the Uiws conccming public schools, not incon
Bchooiiiiws. sistent herewith, shall apj^ly to tlie district hereby created.
<^im|.eusation i^ 21. The treasurer of said district shall receive such
of trcuBurer. compensation as the directors of such district may prescribe.
Actsof diroc- § 22. All the acts of the directors of school district
tore conflimcd. y^i^i^er four (4), in said township number ten (10) north,
range number one (1) east, in relation to borrowing money,
SCHOOL DISTEI0T3— ESTABLISHED. 441
issuing" bonds, and expending money, and also in building
new school houses, and levying tax, and all the proceed-
ings thereon, are hereby legalized and confirmed.
§ 23. It shall be the duty of the directors of said Ab- indebtedness.
ingdon school district to provide for and pay all the indebt-
edness of said school district number four (4), including
bonds, interest and all other legal claims against said dis-
trict number four,
§ 24. It shall be the duty of the tax collector of the Duties of the
aforementioned township to pay over to the treasurer of the 'ax collectors.
said Abingdon school district all moneys that may come
into his hands belonging to said district the same as other
school money is paid to the township treasurer, and also
to pay over to said treasurer of the Abingdon school dis-
trict all the money that is now or may hereafter come into
his hands as said collector and belonging to the said school
district number four, in said township.
§ 25. It shall be the duty of the treasurer of the said . Unties of the
Abingdon school district to furnish to the county clerk of
Knox county, yearly, a statement of the amount of tax
levied by the directors of said district, at such time and. in
the same manner as provided by law for the township trea-
surer to make such reports.
§ 26. And it shall be the duty of the county clerk to Duties of the
receive and charge upon the tax book the' tax required by county clerk,
said district the same as other district school tax.
§ 27. This act is hereby declared to be a public act, to
take efiect from and after its passage.
Approved March 10, 18G9.
AN ACT to establish the Ashmore School District, in Coles county, Ir. force Ma^ch
^ Illinois " 6,1869.
Section 1. Be it enacted by the People of the State of
Illinois^ represented in the General Assembly, That sec- Boundaries,
tious thirty (30) and thirty-one *(31), in township thirteen
(13) north, range fourteen (14) west of the second (2nd)
principal meridian, sections thirty (30) and thirty-one (31),
in township thirteen (13) north, range eleven (11) east of
the third (3rd) principal meridian, the east half of the east
half of section twenty-five (25) and the east half of the east
half of section thirty-six (36), in township thirteen (13)
north, range ten (10) east of the third principal meridian,
the east half of the northeast quarter of section one (1), in
township twelve (12) north, range ten (10) east of the third
(3) principal meridian, the north half of section six (6), in
township twelve (12) north, range eleven (11) east of the
YoLIII— 56
M2
SCHOOL DI8TEI0TS — ESTAI3LI8HED.
Board of edU'
cation to coii'
trol schools.
Corporato pow
ere.
third (3rd) principal meridian, and the north half of sec-
tion six (6), in township twelve (12) north, range fourteen
(14) west of the second principal meridian, in the county
of Coles, and state of Illinois, is hereby made and constitu-
Name and styis.. ted a permanent school district, by the name of the " Ash-
more School District," and that no territory shall ever be
taken therefrom, except by act of the legislature.
§ 2. That the public schools of said district shall be un-
der the exclusive management and control of six persons,
to be elected and qualified, as hereinafter specified, and
known as " The Board of Education of Ashmore Dis-
trict," which board of education, and their successors in
office, shall be a body corporate and politic, by the name
and style aforesaid, and may have a common seal, and
change the same at pleasure ; and, as such body, may
contraci:, and be contracted with, sue and be sued, plead
and be impleaded, in any court of law or equity in this
state ; and, as such board and in such name, shall be the
legal successors of the trustees of schools and school dis-
tricts in the territory embraced herein; and shall be and
are hereby invested, in their corporate capacity, with the
title, care, custody and control of all lands, lots, school
houses and buildings, school libraries and apparatus, and
shall receive all moneys and other property belonging or
in any way accruing to the said district, or any part there-
of, for the use and l3enefit of the public school therein, with
full power to use and control the same in such manner as
they may think will best promote the interests of public
schools and the cause of free education, not inconsistent
reeaive -^ith this act ; and said board shall, also, be capable of re-
ceiving any gift, grant, bequest or devise of real or personal
property, made for the use or benefit of public schools in
said district ; and all moneys accruing to said district for
school purposes, under any law of this state, shall be paid
over to the treasurer of said board of education.
§ 3. At the regular time prescribed by the general
school laws for the election of directors, the qualified elec-
tors of said district shall elect six (0) members of said
board, who, with their successors in office, shall compose
and constitute said board of education, and first incorpora-
tors under this act, two of whom shall serve for one year,
two for two years, and two fur three years. The time that
each shall serve shall be designated on the ballots cast, and
annually thereafter there shall be chosen, in the same man-
ner, two members of said board, each of whom shall serve
for the period of three years and until their successors are
elected and qualified. iSuch intermediate vacancies as may
occur in said board shall be filled by the remaining acting
members until the next annual election, when such vacancy
or vacancies sliall be filled by the electors of said district.
May
gifts, etc.
Election
the board.
of
Terra of offlce.
80H00L DISTRICTS — ESTABLISHED. 443
§ 4. That said first mentioned board, within ten days organization,
after the taking effect of this act, shall meet and after each
havina; taking an oath to properly and faithfully perform
the duties of member of said school board and to support
the constitution of the United States and the state of Illinois,
organize by appointing one of their number president, and Appointment
one clerk, and appointing some person, not of their num- of officers.
ber, treasurer, but who shall be a resident of the district.
That said treasurer shall hold his office during the pleasure
of the board, and before entering upon the duties of said
office shall give a bond, payable to the said board of educa-
tion of the Ashmore school district, in such sums, not less
than double the amount which may probably be in his
hands at any one time, and with such security as may be
approved by said board, and to be kept by them, condi-
tioned for the faithful discharge of all his duties as such
treasurer. And the said subsequent board, chosen or
elected as herein provided, shall meet within ten (10) days
after their election, and take the oath and organize in ac-
cordance with this section.
§ 5. That said board may hold stated meetings, at such stated meetings
times and places in said district as they may appoint — four
members of said board, at all meetings thereof, constituting
a quorum to do business — the president to have a vote
only in case of tie; that special meetings may be called,
at any time, by the president or any two members, by giv-
ing one day's notice of the time and place of the same :
Provided^ that if the president of the board shall be absent
from any such meetings a temporary president may be ap-
pointed ; and said board may pass and enforce such by-laws, Rniesforgov-
rules and regulation a for their own government and for the *'"°™®°*-
government of the clerk and treasurer, not inconsistent
with this act, as they may deem proper ; and, by reso-
lution, shall direct the payment of all moneys that shall
come into the hands of the treasurer, and no money shall
be paid out of the treasury, except in pursuance of such
resolution or written order of the president, countersigned
by the clerk.
§ 6. All school funds, notes, bonds or obligations be- diSon of^""*^'
longing to township thirteen (13) north, of range eleven
(11) east, third principal meridian, in the county of Coles,
and state of Illinois, held or owned for school purposes by
said township, shall be divided between the said Ashmore
school district and the portion of said township within the
same, in the proportion and manner following, to- wit:
The school trustees of said township shall, within thirtv davs Appointment
after the taking effect of this act, appoint two commission- of^^o^^'^^""-
ers, who are freeholders, one a resident of said district, the
other a resident of said township within said district, who,
after being duly sworn to well and fully discharge their
duties, shall ascertain the whole number of persons under
M
SCHOOL DI8TKICTS — ESTABLISHED.
the age of twenty-one years residiDg in said district and
the whole number in said township without said district ;
and, thereupon, said trustees shall divide and approtion
said funds, notes, bonds and obligations of said township
between said district and the balance of said township
without said district, in the proportion of the whole number
of persons under twenty-one years of age, as each shall bear to
the number in the whole of said township. Said trustees
shall have power to supply any vacancies occurring among
said commissioners, and compensate them for such services,
in such amount as they shall deem proper and right.
Trustees to pay § 7. gai(j trustces or Other person or persons, having
over proportion « , , n • i ±- t ^ . i j r i.i- 1
of funda. control or custody ot said lunds, property, bonds or [otherj
obligations, shall, upon such divisions being made, pay
over, assign, transfer and deliver to the board of education
of Ashmore school district the portions of the funds and
other personal estate, notes, bonds and obligations to which
said, district may be entitled ; which funds and other per-
sonal estate, notes, bonds and obligations, shall be and re-
main under the full and entire control and power of the said
board of education, for the use and benefit of said dis-
trict.
Abstract of the § 8. The board of education of said district is hereby
number children j.gq^jpQ(j ^^ make out or causo to be made out and furnished
to the school superintendent of said Coles county an ab-
stract of the whole number of children under the age of
twenty-one years, at the time and in the manner required by
law of other school officers under the general school law of
this state ; and said superintendent or other proper officer
shall pay to the treasurer of said district its proportion of
the school, college and seminary fund, of the two mill
tax, interest, fines and other moneys or special taxes dis-
tributed according to the laws in force for each apportion-
ment or distribution, treating such districts for this purpose
the same as a township.
FreeBchoois. g 9, The Said boai'd of education shall establish and
maintain a sufficient number of free schools for the educa-
tion 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 not less than nine months nor more
than ten months in each year ; and, for the purpose of
more successfully accomplishing this end, the said board
shall have power :
Powers of the _t^lrd. — To rent, lease or purchase grounds and sites for
trustees. ^ t ^ ■^ ^• ^ *
school buildings.
Erect houses. Secoud. — To hire, purchase or erect a school house or
houses and buildings, to be used for school purposes, and
to keep the same in proper repair.
Furniture, etc. Third. — To furnisli the schools in said district with all
the necebsary fixtures, furniture and apparatus.
SCHOOL DISTRICTS — EbTABLISHED. 445
Fourth. — To establish in said district as many primary Primary scheois
schools and those of higher grades as said board shall deem
proper ; to determine the branches or studies to be taught
in each department or grade, and to prescribe and enforce
rules and regulations for the admission of pupils into the
same, and for the promotion from one grade or department
to another, and also to determine the text books and other
articles to be used therein.
Fifth. — To hire and appoint all teachers of said schools, Teachers,
establish rules respecting their qualifications and how the
same shall be determined ; fix the amount of the salary or
compensation of each teacher, and may dismiss any teacher,
at any time : Provided.^ that nothing herein contained shall
be so construed as to supercede the necessity of every
teacher first procuring a certificate from the county superin-
tendent of schools, as is now required by the general school
laws of this state.
Sixth. — To appoint a committee or commitees to conduct Examinations.^
all examinations of pnpils for admission to any department
or grade of said schools or for promotion therein, and to
appoint other ofiicers or agents as they shall deem best or
most conducive to the interest of said schools.
Seventh — To have the power to suspend or expel pupils Expei pnpi'.K.
for disobedient, refractory, incorrigibly bad conduct, or for a
failure to comply with all the rules and regulations adop-
ted by said board for the government of said schools.
Eighth. — To have and possess all the rights, powers and schools, funds.
authority necessary for the proper management of schools Management,
and school funds and the carrying out of the true spirit and
intent of this act and that may be necessary to establish and
perfect a good and thorough system of public instruction
in graded free schools in said district,
§ 10. It shall be the duty of the board of education Money needed.
and they shall have full power to determine the amount of
money needed and to be raised for school purposes for
each year, over and above the amount derived from the
school funds heretofore enumerated or from other sources,
and to levy the same, annually, on the taxable property of
the district, and have it collected in the same manner as
other school directors do under the general school law;
which levy or tax shall not in any one year exceed three
(3) per centum of the assessed valuation of all the property
in said district subject to taxation therein.
§ 11. Said board may, also, at any time when they may May borrow
deem it necessary, borrow any sum or suras of money, for '"'^''^y-
a term not exceeding one year, and at a rate of interest not
exceeding ten per centum, per annum, to be expended for
general school purposes, for purchasing school house sites
and for repairing and improving school buildings : Pro-
vided^ the total amount of money so borrowed and unpaid
at any one time shall not exceed two (2) per centum of the
44:6 SCHOOL DISTRICTS — ESTABLISHED.
assessed valuation of the real and personal property subject
to taxation in said district.
Levy and col- § 12. That whenever said board of education shall
lect taxes. deem it necessary to purchase or erect a school house or
houses and other necessary buildings for said district, they
shall have power to levy a tax and collect the same, from
year to year, in such amounts as said board may deem
necessary for said purposes. Said taxes are to be collected
[the] same as other taxes for school purposes : Provided,
that said levy shall not exceed three (3) per centum in any
one year of the assessed value of the taxable property of said
district. And the said board of education shall have power
to issue bonds, which shall be executed by the president
and clerk, in sums not less than one hundred (100) dollars
each, bearing interest not exceeding ten per centum per
auhum, and running for such times may necessary.
Free to all. § 13. All pcrsous over the age of six (6) ycars and Un-
der the age of twenty-one (21) years, residing in said dis-
trict, shall be admitted into said schools, free ; and said
board shall have power to admit persons who do not reside
in said district or who are over twenty-one years of age,
into said schools, upon such terms as they may deem prop-
er ; but nothing herein contained shall be so construed as
to prevent persons from being suspended, expelled or kept
out of any such schools altogether, for the reasons herein-
before mentioned.
Compensation. g j^, ]^o member of the board shall receive any com-
pensation for his services, but the treasurer shall receive
not to exceed two per centum on all moneys actually paid
out, at the option of the board.
Dutiesof clerk § 15. It shall be the duty of the president and clerk to
andprebi en . ^.^^^ ^^j papers and documents of said board, and the same
are hereby declared legal and binding when so signed.
Actsofdirec- § 16. All the acts of the school directors of district
torsiega.ized. j^^^^^g^ ^^o (2), in township thirteen (13) north, range
eleven (11) east of third (3) principal meridian, in said coun-
ty of Coles, and state of Illinois, in relation to schools, the
building or repairing school houses in said district and the
levy of the tax therefor, and all the proceedings j:hereunder,
together with all the contracts and obligations heretofore
entered into for school purposes by the said directors of
the said district, are hereby legalized and confirmed and
made binding upon the district created by this act, and
shall be carried out and enforced by this board.
ueKieaol'duty'^ § 1'^- ^^^' ^"^ ucglcct or failure, except through sick-
ness of himself or family, by any member or treasurer of
said board of education, to fulfill and perform the duties
required of or imposed upon him by any of the provisions
of this act, he bIuiII bo liable to a penalty of ten (10) dol-
lars for each default, to be recovered by any action of debt,
at the suit of any person who may complain, one-half of
SCHOOL DISTRICTS — ESTABLISHED. 44:7
said fine to go to the informer, the other half to bo paid to
the treasurer of said district.
§ 18. The treasurer shall, as often as required by the duUcs of the
board, make due aud full report to them, (which report "■^^^'^i'^'"-
shall be open to the inspection of any citizen of said dis-
trict) of the financial condition thereof, giving the amount of
money on hand and from what sources derived, the amount
paid out since the last report, aud for what purposes re-
quired, and such other items as the board or general school
law may require.
§ ly. AH prior acts or parts of acts inconsistent with ^coi^kungacts
the provisions of this act are hereby repealed. ^^^^
§ 20. This act is hereby declared to be a public act,
and shall take effect and be in force from and after its pas-
sage.
Approved March 6, 1869.
AN ACT to create a school district for the township of Bourbon, Douglas In force March
county, Illinois, to be known as "The Bourbon School District." a6, 18G9.
Section 1. Be it enacted hy the Peoj^le of the State of
Illinois^ represented in the General Assembly^ That Boundares.
all of sections thirteen, fourteen, east half of fitteen, all
of sections twenty-three, twenty-four, north half of twenty-
five, north lialf of twenty-six, east half of twenty-two,
south half of twelve, and south half of eleven, in township
fifteen north, range seven east, and sections seventeen,
eighteen and nineteen, in township fifteen north, range
eight east of the third principal meridian, be and are here-
by constituted a school district, to be known as " The
Bourbon School District."
§ 2. The government of said school district shall be i/CrdVf'eff-
vested in a board of five persons, to be styled " The cauon.
Board of Education of Bourbon School District," and to
be elected, qualified and organized as hereinafter provided.
§ 3. There shall be elected by the qualified voters of. Election of
• 1 1- i • , 1 <i m 1 '' n . -"^.n /• tieboartt.
said district, on the first luesday of April next, five per-
sons, who shall constitute said board, and hold their oflices
for one, two, three, four and five years, and until their suc-
cessors are elected and qualified. At their first meeting. Term of office,
they shall draw lots for their respective terms of oflice, for
one, two, three, four and five years; 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 office for five years and until his successor is
elected and qualified. All vacancies shall be filled at said
annual election, except as hereinafter provided. The meet-
ings for said election shall be notified by the president of
4ri8 SCHOOL DI8TEI0TS — ESTABLISHED.
the board, by giving at least ten days' notice of the time
and place, by posting notices thereof in three of the most
Judgesofeiec- public places in the district. Two of the members of the
tionp. board shall act as judges and one as clerk of said election.
The said judges and clerk shall take and subscribe to the
same oath as prescribed for judges and clerks by the elec-
tion laws of this state. After every election of members
of the board, the judges shall cause the poll books to be
delivered to the clerk or president of the board, with a
certificate thereon, showing the election of said member of
the board and the names of the persons elected, which
poll book shall be filed by the clerk and be evidence of
said election. In case of a tie in any election, the same
shall be decided, by lot, by the judges of election, on the
Vacancies, how day of election. If between the times of the annual elec-
tion any vacancies shall occur in said board, by death, res-
ignation or removal from the district, the remaining mem-
bers shall fill the vacancy by appointment, and the person
so appointed shall hold the oiiice until the next annual
election and until his successor shall be elected and quali-
fied. 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.
Name aud style. § 4. The Said board of education shall be a body cor-
porate and politic, by the name and style of "The Board of
Corporate pow- Education of Bourbon School District," and, as such, may
^"' contract and be contracted with, sue and be^ sued, plead
and be impleaded, in and before any tribunal having com-
petent jurisdiction.
. Quarterly Bes- § 5. It shall be the duty of said board to hold quarterly
sessions, on the second Tuesday of April, July, October
and Januaiy, of each year, and they may meet, by ad-
journment, at any other times, as they may think proper ;
and the president of the board or any two members thereof
Special meet- may Call a Special meeting of the board, by giving a verbal
notice of the time, 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 majorit}'
Organization, of the board shall be a quorum to transact business. Said
Appointment of board shall organize, by appointing one of their number
officers. president ; they shall also elect a clerk, who may be a mem-
ber of the board, and a treasurer, who shall not be a mem-
ber of the board, who shall hold their respective offices at
the pleasure of the board, and until their successors are
elected and qualified. It shall be the duty of the presi-
Presidiug officer dent, wlicu present, to preside at all meetings of the board;
and it shall be the duty of the clerk to be present at said
meetings, and to record in a liook, to be provided for that
purpose, all the official proceedings of^said board, which
record shall be public and open to the inspection of any
person interested ; and all such proceedings, when record-
SCHOOL DISTRICTS— ESTABLISHED. 449
ed, shall be signed by the president and clerk, and a copy
thereof, certified by the clerk, shall be 'prima facia evi-
dence of such proceedings in courts and other places. If
the president or clerk be absent, the board may appoint a
president or clerk, pro tern. The treasurer shall execute „ , .
• 1 1 1 ni • . I 1 • , 1 1 1 n^ • . Bond and ?cci:-
to said board an oincial bond, with good and surucient se- rity of treasurer
curity — such bond to be approved by the board — in such
sums as the board shall determine, but to be as nearly as
can be ascertained in double the amount of all moneys
that will at one time be in his hands, and conditioned for
the performance of his duties as treasurer, and, especially,
faithfully keep and from time to time pay over all moneys
that ho shall receive as such treasurer, as he shall be di-
rected by order of the board or required by hiw to do ; he
shall keep a true and accurate record, in proper books for
that purpose, of all moneys received and paid out by him,
for what account and upon what and whose account ; but
he shall pay out no moneys, except upon the order of the
board. For all moneys paid out he shall take and file with
the papers of his ofiice proper vouchers, and he shall settle
his accounts with the boara at least once in each year, and
oftener, if the board shall so require.
§ 6. No member shall receive any compensation for compensation.
the performance of the ordinary duties of his office. The
secretary and treasurer shall receive such compensation as
the board shall prescribe.
§ T. The treasurer shall, under the direction of the Duties of the
board of education, demand and receive of the officer or
officers having the custody thereof, any interest or other
money, from any school fund or any other source, to which
the Bourbon school district or any part thereof or the
schools or teachers therein would be entitled if this act
had not been passed ; and the money so received from such
funds or sources shall be placed in the treasury, to be used
and expended, under the order and direction of the board,
for the support of schools and school purposes, in the same
manner as other funds that shall come into the treasury by
taxation or otherwise.
§ 8. The said Bourbon school district shall be exempt Kxempt from
from the jurisdiction of trustees of schools in the township InVsS""'' "'^
or townships in which said Bourbon school district is lo-
cated, so far as common schools are concerned; and the
school commissioners of Douglas county shall, in the dis-
tribution of the school funds that may come into his hands,
apportion so much of the school funds as Bourbon school
district shall be entitled to upon a jpro rata distribution of
said funds among the several townships of said county, to
the said Bourbon school district; and upon the tiling of
the bond of the treasurer of the said board of education,
the said school commissioner shall pay over to the said
treasurer the amount due the district. All taxes levied in
Vol. 111—57
450 BOHOOL DI8TKICT8 — ESTABLISHED,
accordance with the provisions of this act shall be paid
over by the otiicer collecting the same to the treasurer of
Control eohooi the board of education, and said board of education shall
proparty. j^r^^g entire exclusive control of all school funds of said
Bourbon school district, or part thereof, whether consist-
ing of the portion of the school, college, seminary or town-
ship funds belonging und to belong to said district, or any
part thereof, or derived from taxation, loans or otherwise,
to be used by them as provided in this act ; and they shall
be and are hereby vested, in their corporate capacity, with
the title, care and custody of all lands, lots, school houses
and other property appertaining to the schools of the dis-
trict, with full power to control the same, in such manner
as they may think will promote the cause of education, and
not inconsistent with this act.
May borrow § d. Said board may, at any time, when they may deem
'^"^^- it necessary, borrow any sum or sums of money, for a time
'not exceeding one year, and at a rate of interest not ex-
ceeding ten per cent., per annum, to be expended for gen-
eral school purposes: Brovided^ that the total amount of
money so borrowed and unpaid shall not at any time ex-
ceed one per cent, of the assessed value of the real and
personal property of said district ; and for the payment of
the moneys so borrowed the proceeds of the taxes first
paid into the treasury thereafter and not specially appro-
priated by law, are hereby specially pledged, and shall be
applied in payment of the sums so borrowed, in preference
to any other,
Jitdaaent. § 10. If any judgment shall be obtained against said
board, the party entitled to the benefit of such Judgment
may have execution thereof, as follows, to-wit : it shall be
lawful for the court in which such judgment shall be ob-
tained or to which such iudgment shall be removed by
transcript or appeal from the justice of the peace or other
court, to issue tiience a writ, commanding the board of ed-
ucation and treasurer of said district to cause the amount
thereof, with ten per cent, interest and costs, to be paid to
the party entitled to the benefit of such judgment, out of
any moneys unappropriated of said district, and if there
be no such moneys, out of the first moneys that shall be
received for the use of said district, and to force obedience
to such writ by attachment or by mandamus, requiring said
Itoard to levy a tax for the payment of said judgment ; and
r.U leg;il process, as well as writs, to enforce the payment
of a judgment, shall be served either on the president or
clerk of said board.
M«iiey to bo § 11. Said board shall, on or before the 13th day of
ra^isad by taxa- ^^J,l^Qf^ jn 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 dis-
trict, such amount as they shall estimate will, together
SCHOOL DISTEIOTS — ESTABLISHED. 451
with the available means accruing from other sources, be
required for school purposes in said district for the ensuing-
year, and shall determine, as nearly as practicable, what
rate per cent., not to exceed two per cent., unless debts^ to
be paid require it, on all taxable property in said district,
must be levied to raise the amount so estimated, and shall
make an order therefor ; and the clerk shall enter the same
upon the records of the board. It shall be the duty of the Duties of the
clerk of said board to make out a certified copy of said or- *''®''^
der, signed by the president of the board and attested by
the clerk, and, within ten days from the passage of said
order, present the same to the clerk of the board of super-
visors of Douglas county. The tax so levied by the said
board of education shall be assessed and collected in the
same manner and at the same time and by the same ofii-
cers that state taxes are assessed and collected by within
the limits of said district, and proceeds paid to the treas-
urer of said board of education, after deducting therefrom
one-half the percentage allowed for assessing and collect-
ing state taxes.
""^ 12. The said board of education shall transact all Pt^"^'^^^^
, ". , . , , • 1 i^- / vested in board
business which may be necessary m relation to common of ecincatiou.
schools in said district, as follows :
l^irst. — They shall establish a common school for the EstabUshmoat
education of every person residing in said district, over the o's<:^o®^»-
over the age of five years and under the age of twenty-
one years, and shall make the necessary provisions for con-
tinuing said school in operation at least nine months in
every year.
Second. — They shall keep the school house in said dis- snperyisicB uf
trict in good repair, provide for its being kept neat and
clean, and for its being properly ventilated and warmed ;
they shall supply it with furniture and apparatus, and
cause it to be insured, and make all other provisions rela-
tive to the school, which they may deem proper.
Third. — They shall grade the school in said district, pre- •i-a'Sss ate.
scribing the branches to be taught in each grade and the
text books to be used, and shall determine the qualifica.
tions of pupils for admission into the respective grades ;
they shall establish or have written or printed a completo
system of rules and regulations for said school, and may
have power to suspend or expel pupils from the school, for
refractory or incorrigible conduct or for a decided refusal to
comply with the rules of the school.
Fourth. — They shall appoiiit teachers for the schools in Appointm^ac
Baid district, fix their salaries or compensation, and may '^ '*'— -'^ •
dismiss such teachers, at any time, for incompetency, im-
morality or failure to carry out the rules of the school :
Provided^ that nothing herein contained shall be so con-
strued as to dispense with the necessity of such teachers
452 SCHOOL DISTRICTS — ESTABLISHEb.
procuring the necessary certificates from tlie county super-
intendent of schools, as is now required by law.
Management. Hfth. — They shall, generally, have and possess all the
rights, power and authority for the proper management of
the school and the school funds, with the power to make
such rules, orders and ordinances as they may deem neces-
sary, to carry their powers and duties into efi'ect : Pro-
vided^ the same are not contrary to the laws and constitu-
tion of this state or of the United States.
^Anmiai state- | 13, Said board shall, on the last day of the last term,
in each year, make a public statement before said school
and all who may be in attendance, exhibiting the total
amount of all funds received into the treasury during the
year, the sources from whence they were received, and the
amounts from each source, the total amount paid out and
for what purpose, item by item, to whom paid, and the
amount and kind of unexpended funds on hand at that
time.
Peiition for ail- § 14:. Any tract or tracts of land, adjoining said dis-
nexaticnofiand j-j.^^.^^ jj^^y ^g anncxcd to it, on condition that three-fourths
of the legal voters residing within the limits of such tract
or tracts shall petition the board of education to be an-
nexed to said district, and their petition shall be granted
by a unanimous vote of all the members of said board ;
and whenever any territory shall be so annexed to and be-
come a part of said district, all the provisions of this act
shall be applicable to it, in the same manner as they would
have been" if it had been embraced within the district at
the time of the passage of this act.
Penalty for | 15. Por any failure or neglect of the said board of
negec o en y. g^ucatioD, or any member thereof, to fulfill the duties re-
quired of or imposed upon them by any of the provisions
of this act, they shall be liable to a penalty of fifty dollars,
to be recovered in an action of debt, at the suit of any
person who may complain. And any member of said
board who may appropriate to his use any of the funds
that may come into his hands or under his control, shall be
deemed guilty of a misdemeanor, and, on conviction there-
of, shall be fined in any sum not exceeding five hundred
dollars and imprisoned in the county jail not exceeding
one year.
Application of §16. The provisioiis of fecction fifteen (15) of this act
Bectfon"!:" '" shall be held to apply to the clerk, treasurer or any other
officer or agent elected or appointed in pursuance of this
act.
DirectorB to § \'J , Tho prcscnt board of directors of district number
cootro^'er?ct1ou five, iu towuship iit^eon north, range seven east of the 3d
P. M., are hereby vested with the power, and it is hereby
made their duty, to notify the meeting of the first election
held in pursuance of this act, and superintend and in all
respects conduct the election and certify the result, in the
SCfiOOL DISTRICTS — ESTABLISHED. 458
manner prescribed in the act governing the board of ed-
ucation in such cases.
§ 18. This act shall be deemed a public act, and shall
take eflect and be in force from and after its passage.
Approved March 26, 1869.
AN ACT to create a certaia school district therein named. In force March
26, 1S89.
Section 1. Be it enacted hy the Peoj^le of the State of
Illinois, represented in the General Assembly^ That the Boundariee or
south half of section twenty-two (22), the eonth half of sec- ^'^°°^ ^^'^''''^'^■
tion tv/enty-threa (23), the south half of section twenty-four
(24), the whole of stctiou twenty-live (25), twenty-eix (26),
twenty-seven (27), thirty-four (34:), and thirty-five (35), and
the west half of thirty-six (36), one north of the base line
and four west of the principal meridian, and the northwest
quftrter of section one (1), and the north half of section
two (2), and the north half of section three (3), one south of
the base line and four west of the fourth principal meri-
dian, in Brown county, be and the same arehereby formed
into a school district, to be known as the " Ebenezer Dis-
trict."
§ 2. That the teachers in schools in said district shall Tetchers to
keep separate schedules of scholars residing in each of the gclTdoiM.^"*'^
townships out of which this district is formed, attending
the school or schools of said district ; and the said separate
schedules shall be kept, certified and returned, as now re-
quired by law, to the trustees of the townships, severally,
of which said district is formed ; and it shall be the duty of
the trustees of the respective townships, aforesaid, to pay
out of the school fnnd, upon the schedules so certified to
them, in like manner as upon other schodalee of schools
taught in said township.
§ 3. That the directors now in office in a part of said Directors,
district shall remain in office until the expirations of their
respective terms, and shall discharge the duties appertaining
to their respective office in the dietrict created by this act.
§ 4. That no territory shall be taken from or added to District limits,
this district, except by an act of the legislature, bat in all
other respects the aforesaid district shall have all the riglits
and privileges and be subject to the same restrictions as
other districts under the common school law of this state.
§ 5. This act shall take eflect and be in force from and
after its passage.
Approved March 26, 186U.
454 SCHOOL DISTEICTS — ESTABLISHED.
In force March AN ACT to establish Canton Union District School, and a graded school
29, 1GS9. therein; also, to provide for building additional school houses therein,
to levy and collect special taxes, to issue bonds, and borrow money.
Section 1. Be it enacted ly the People of the State of
Illinois^ represented in the General Assembly, That section
schooTteSct°' ^^®^*^'^^-^ (^^)' twenty-seven (2Y), twenty-eight (28),
twenty-nine (29), thirty (30), thirty-one (31), thirty-two
(3S), thirty-three (33), thirty-fonr (34), thirty-five (35), and
the south halves of section twenty-two (22), and twenty-
three (23), all in township seven (7) north of the base line,
in range four (4) east of the fourth principal meridian, in the
county of Fulton, and state of Illinois, shall constitute one
school district, to be known as "Canton Union School Dis-
trict," and shall have all the rights and privileges and be gov-
erned by the same laws as other school districts in this state,
except as herein otherwise provided.
Board of edu- g 3. The public schools of Said district shall be under
the exclusive management and control of a board of edu-
controi^ of^ au cation, Consisting of five persons, who shall be styled and
known as the " Board of Education of Canton Union
School District." That an election shall be held in said
school district on the first Monday of August next, by the
qualified voters in said district, in the same manner as elec-
tions are now held for school directors; at which election
they shall elect the members of the board of education,
Term of office One of whom shall hold his office for one year, one for two
years, one for three years, one for four years, and one for
five years, to be determined by choice or lot, at their first
meeting ; but at each subsequent annual election, on the
lir&t Monday of August, in each year, one member of said
board of education shall be elected, who shall hold his
office for five jears and until his successor is elected and
qualified. Said board of education, in addition to the pow-
ers and duties created by this act, shall exercise all the
powers and perform all the duties required of school direc-
tors by the laws of this state.
J'°"v^l*!.V°^ § 3. Said board of education shall have full power to
purchase or lease sites for school houses, with the neces-
sary grounds therefor ; to build and erect, hire, lease or
purchase buildings and houses for school purposes, and
keep them in repair ; to furnish schools with neces?ary
books, fixtures, furniture, apparatus and library and libra-
ries ; to establish, conduct and maintain a system of public
graded schools, to bo kept in one or more buildings in said
district ; to supply the the insufficiency of school funds for
the payment of teachers and other school purposes and ex-
comreii»atioa pensos, by school taxcs, as hereinafter provided ; to deter-
of teadiors.etc. j^j^^ the number, make the appointment, and fix the com-
pensation of teachers, superintendents in said district and
SCHOOL DI3TEIOT8 — ESTABLISHED. 455
of all other agents, servauts and employees ; to determine
the number of mouths schools shall be kopt in each year
in said district, which shaJl not be loss than six months ;
to proscribe the studies to be taught and books to be used
in said schools, including maps, charts, globes, etc. ; to lay
ofl' and divide said district into small districts, and to alter
the same or erect new ones, at pleasure ; to pass by-laws,
rules and regulations, to carry those powers into complete
execution, and for the government of their own body, their
officers, agents and servants, and providing for their meet-
ings and adjournments ; and, generally, to have and pos-
sess all the rights, powers and authority necessary for the
proper establishment and control of an effective system of
graded schools within said district ; and they shall visit
each and all of the schools therein as often as necessary.
§ i. It shall be the duty of the board of education, and Board t.^ raise
they shall have full power, to determine the amount oi'^uTpS'^''"'*'
money needed and to be raised for school purposes, over
and above the amount due from the state fund, as herein-
after mentioned, and from other sources: Provided, that
said board shall not, for any year, require more than two
dollars on each one^ hundred dollars' worth of property in
said district — and that they shall determine the amount re-
quired to be collected by taxation, for school purposes, in
each year, and certify the same to the county clerk of the
county, in the same manner as school directors are required
to do by the laws of this state ; and it shallbe the duty of
the county clerk to extend the same on the tax books as he
is required by law to do for other school districts.
§ 5. That said school district now is and shall hereafter sharsof fnnd*.
be entitled to draw from the school funds to be distributed
to the township out of which said Canton Union School
District is or may be formed, a distributive share of the
state funds, for school purposes, according to the same rule
of distribution now existing or hereafter to be provided by
state laws as to other school districts.
§ 6. That the board of education aforesaid shall have May borrow
power, and are hereby authorized, for the purpose of car- ^°^°^-
rying out the provisions of this act, in order to build and
furnish the necessary school houses, to borrow money on
the credit of said district, as now existing or hereafter to
be enlarged, as provided in this act, at a rate of interest
not exceeding ten per centum, per annum, payable annu-
ally, and may therefor execute bonds, with coupons attach-
ed, in such sums as the said board may decide, not less
than fifty dollars each, which bonds shall be redeemable
within twenty years.
§ 7. In addition to the taxes necessary for the support collection of
of the schools in said district, as now required by law, the "^°*^*^^-
said board of education shall certify, in like manner, and
at the same time, the amount of tax necessary to bo col-
456 SCHOOL DISTRICTS — ESTABLISHED.
lected each year, not exceeding the amount of one and one
half dollars on each one hundred dollars' worth of property
in said district, for purchasing sites, for building school
houses and repairing the same, aud paying interest on
bonds of the district and redeeming the same ; which tax
shall be extended by the county clerk and collected and
paid over to the said board in the same manner as is now
provided by law.
scbeoifandsto § 8. That all school funds for said district shall, by
freasufer.*'^'*^^^ each and every collector thereof or other person receiving
the same, be paid to the treasurer of said school district;
and ail money from the sale of bonds shall also bo paid
over to the treasurer of said district.
ippointsasjit § 9, That a treasurer of said district shall be appointed
of treasurer. ^^^ ^ ^^^^ ^^ ^^.^ board of education, Tv^ho shall annually
appoint said treaeiirer ; and the term of the office of said
treasurer shall continue until his successor is elected and
qualitisd. Said treasurer shall, after each appointment and
as often as requested by said board, execute a bond, with
two or more freeholders as sureties, to be approved by said
board of education, and their approval entered on their
records ; which bonds shall bo payable, for the use of said
district, and the amount and conditions of said bonds shall
l)e such a3 may be prescribed by said board, not , inconsist-
ent with this law. Said board shall also tix the compensa-
tion or commission of the treasurer.
Daties of tb« § 10. It shall be the duty of said treasurer to receive
treasnrsr. ^^^^ ^^^ ^^^^, ^^^ moncy of Said district, on the order of
said board of education, aud to make a statement from
books and accounts to be kept by him, whenever requested
by said board; and he shall be liable to all the penalties
now imposed by law oa township treasurers.
ukj eniars* § 11. That Said board of education may, in their dis-
district. cretioD, enlarge said school district aud annex thereto any
contiguous territory, upon petition, in writing, of the own-
er or owners, occupier or occupiers of the land prayed to
bo annexed thereto; and all the provisions of laws as to
the original district shall apply to such enlargement of said
district. Said district shall not bo reduced or any of its
territory be taker, therefrom, except by act of the legis-
lature.
papiu admitted g 12. Said board shall have full power to admit per-
sons over age or who do not reside within said district into
said schools, upon such terms as they u<;\y think proper,
Erpukion. § 13. Said board shall have fall power and authority to
suspend, expel or keep out of said school altogether any
pupils or persons, for incorrigibly bad conduct or on account
of said jiorsons being affected with any infectious or con-
tagious disease.
Appoiutmcn* g n,. Said board shall appoint ouc of their number presi-
dent of the board, who shall hold his office for one year and
SCHOOL DISTRICTS —ESTABLISHED. 457
until his successor is elected and qualified ; and they may
appoint a clerk of their board, wliich person need not be a
member of said board ; and they may appoint such other
officers as they may deem necessary, and prescribe the du-
ties of the same by by-laws.
§ 15. Said board of education shall have full power to school terms.
fix the commencement and ending of the terms of schools
in said district, and make all rules and regulations for the
government of said schools and the control of tt^achers and
pupils, as are not inconsistent with the existing school laws
of the state of Illinois.
§ IG. That the school directors of district number six, Directors con-
in township seven north of the base line, in range four east o^edncatior'''^
of the fourth principal meridian, in the county of Fulton and
state of Illinois, be and they are hereby constituted the said
board of education for said Canton Union School District until
said board of education for said district shall be elected and
qualified, as provided and required by this act ; and that
the directors aforesaid shall have the powers and perform
the duties of said board of education until their said suc-
cessors are elected and qualified.
§ 17. That notice for election for members of the said .Nouceofeiec-
board of education for said district shall be the same and *^^'^°"
the elections conducted as elections for school directors are
now required by the laws of this state. The said school
directors of said school district number six shall act as the
judges of the first election for members of the said board
of education ; and at all elections thereafter the said board
of education shall appoint the judges and clerks of said
elections : Provided^ that nothing herein contained shall
prevent any member of the said board from acting as judo-e
or clerk at said election.
§ 18. This act is hereby declared to be a public act,
and shall be in force from and after its passage.
Approved March 29, 1869.
AN ACT to incorporate the Harristown School District. lu foi.ce March
2G, 1869.
Section 1. Be it enacted hy the Pepole of the State of
Illinois, represented in the General AssemUy, That all the Boundaries of
territory embraced within the following boundaries, to wit: retool district.
Beginning at the north-east corner of the south-east quarter
of section thirty-five (35), in township seventeen (17) north,
and range one (1) east of the third (3) principal meridian'
in Macon county, Illinois, and running thence west, on the
half section lines, to the north-west corner of the south-
west quarter of section thirty-two (32), in township and
Vol. III~58
458 School districts — established.
range aforesaid ; thence south, on section lines, to the
south-west corner of the north-west quarter of section twen-
ty (20), in township sixteen (16) north, and range afore-
said ; thence east, on half section lines, to the south-east
corner of the north-east quarter of section twenty-three (23),
in township sixteen (16) north, and range aforesaid ; thence
•* north, on section lines, to the place of beginning, is hereby
constituted a permanent school district, by the name of the
"Harristown School District," JS'o territory shall be taken
therefrom, except by act of the legislature.
Management. | 2, The government of said district, for school pur-
Powereof the poscs, shall be vcsted in a board of three directors, two of
whom shall constitute a quorum to transact business ; and
the present board of directors of school district number four
(4), in township sixteen (16) north, of range one (1) east
aforesaid, shall constitute the first board of directors under
this act ; and ail vacancies occurring in said board shall be
filled in the manner prescribed by the general school law
of the state.
Name and style. § 3, The SHid board of directors shall be styled "The
Board of Education of Harristown School District ;" and by
that name and style, may sue and be sued, plead and be
impleaded, buy and sell land, and they may receive grants,
donations, bequests, legacies, etc., which may be made for
school purposes, and adopt such rules and regulations as
they may deem necessary for the management of said dis-
trict.
Exclusive con- § 4. The Said board shall have entire and exclusive con-
tfoiof funda. ^^,^1^ ^^ ^^^ school funds or any part thereof, whether con-
sisting of school or township funds, or derived from taxa-
tion, loans, interest or otherwise, which said district or any
part thereof is now or may be entitled hereafter by law ; to
receive, and they are hereby invested in their corporate ca-
pacity with the title, care and custody of all lands, lots,
school houses, apparatus and other property belonging to
the common schools in said district, or any part thereof, and
may dispose of the same in such a manner as they may
think will promote the interest of schools, and not incon-
sistent with the provisions of this act.
§ 5, The said board of education shall have power:
site«, build- J'^irsi — To buy ground and sites for school houses,
mgs, e . . /Second — To hire, purchase or erect buildings, to bo used
for school purposes, and to keep the same in repair.
Departments. Third — To graduate the schools into as many depart-
ments and of such grades as in their judgment the interest
of said schools demand; to fix the studies t(> be taught in
each department, and to prescribe the books to be used.
Compensation Fouftlh — To cmploy and fix the compensation of teach-
ers, and to establish iind maintain public schools therein for
as many mojiths in the year, not less than six months, as
they may deem proper.
of teacliere.
SCHOOL DI8TEI0TS — ESTABLISHED. 459
Fifth — To borrow money, not to exceed six thousand May borrow
($6000) dollars, and also to levy annually for school purposes '^°°^-^-
a tax, not to exceed in any one (1) year two (2) per centum
of the assessed valuation of all property subject to taxation
in said district, and to levy for the purpose of erectin<2;
school buildings a special tax, not to exceed for any one (1)
year three (o) per centum of the assessed valuation of all
property subject to taxation in said district.
Sixth — To admit pupils without such district to the pub- Non-residents
,. Ill ,. 1 1 11 1 . • L ',.• admitted.
he schools thereor, and shall have pov/erto require a tuition
fee for the admission of pupils to such schools, in addition
to the public money they may collect.
Seventh — And, generally, to have all powers conferred by
law upon directors of schools, as necessary to carry the
foregoing powers into eflect.
§ 6. All taxes levied by said board shall he collected in ^ ^'^['^'^*'°" °^
the same manner as other school taxes,
§ 7. All property and buildings belonging to school dis- Property to
trict number four (4), in township sixteeu (16) north, and ^^^t i^ 'listrict.
range one (1) east aforesaid, are hereby vested in the school
district hereby created.
§ 8. This act shall not affect or impair, in any way, the No vested right
rights and privileges possessed at this time by said district ^''^ " ^ '
in regard to the drawing of any funds, slate, county or
township, to which said district may be entitled.
§ 9. In all points not enumerated in this act, said board state law.
shall be governed by the common school law of the state.
§ 10. This act shall be in force from and after its pas-
sage.
Approved March 26, 1869.
AN AOT to incorporate the Heury Union School District. -^^ ^^1809*'^'^^^
Section 1. Be it enacted hy the Feovle of the State of
Illinois, represented in the General Assembly, That so much creation of a
of township No. 13 north, of range JSTo. 10 eastof the fourth «^^°°' 'i'^'™*-
principal meridian, as is contained in district 'F.o. 2, shall
constitute a school district, to be known as the "Henry
Union School District."
§ 2. That a board of education, consisting of seven mem- Ejection oi
bers, a majority of which shall be a quorum to do business,
shall be elected by the legal voters of said district on the
first Friday of April, A.D. Ib69 ; two of said board shall be Terms of office.
residents of the first ward of the city of Henry, two of the
second ward of said city, two of section seventeen (17), in
said district, and one in section No. 9 or 10, in said district
— two of said board holding their office for the term of one
460 SCHOOL DISTRICTS — ESTABLISHED.,
year, two for tlie term of tvtro years, and two for the terms
of three years ; which said several terms shall be deter-
mined, by lot, at the first or a subsequent meeting of said
hoard ; and the member residing in said section nine or
ten for the term of the three years, and that two shall be
elected annually thereafter on the first Friday of April, to
liold their office for the term of three years and until their
Election of successors are elected and qualified : Provided^ that the
reclor'^"''^ '^'^" member of said board residing in said section 9 or 10 shall
be elected on the first Friday in April, 1869, and every
third year thereafter, and shall hold his office for the term
of three years and until bis successor is elected and quali-
fied ; they shall, when electou, severally take an oath faith-
fully to discharge the duties of their office according to the
best of their judgment and ability.
Time aiid yiace i< g. The board of educatiou shall cause their clerk to post
01 election
up notices of the time and place of holding said election, in
at least five of the most public places in said district. Said
notices shall be posted up at least ten days previous to the
day of election. Two of the members of the board of edu-
cation shall act as judges and one as clerk of said election :
Provided^ tha,t the trustees of schools shall cause the no-
tices for the first election under this act to be posted up —
two of whom shall act as judges and one as clerk of said
election.
Successors to § 4. The Said board of education, when so elected, and
tees'. '^ '""" their successors in office, shall be successors of the present
hoard of trustees and school trustees ; they shall be a body
Name nud style, corjjorate and politic, by the name and style of "The Board
of Education of the Henry Union School District," and
may have a common seal, and change the Siime at pleasure,
and, as such, may contract and be contracted with, sue and
be sued, plead and be impleaded, in and before any tribu-
nal having jurisdiction. Any member of the board, having
received live days' notice that such vote will be taken, may
be removed from oflice for improper conduct, by the con-
vacaucj, huw curriug vote of ail the other members of the board. In
*'^®'*' case of a vacancy, by such removal or otherwise, between
the times of election, the same shall be filled by the re-
maining members of said board, by appointment ; and the
person so appointed shall hold the office until the next elec-
tion and until his successor is elected and qualified, and he
shall have all the powers, and shall be required to perform
all the duties as if he had been elected to said oflice at a
regular election.
Meetings. ^ 5. It shall be the duty of the- board of education to
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 bt)ard or any two members thereof may call a special
meeting of the board, by giving five days' notice, by pub-
SCHOOL DISTBICT8 — ESTABLISHED. 461
lication in one of the city papers or by personal service of a
similar notice, in writing, upon r.ll the other members of
the board. Said board shall organize within five days after organization.
said election, by appointing one of their number ^^resident
of the board. Said board shall also appoint a clerk and Appointment
of otTiPftrp
treasurer, neither of whom shall be recjuired to be members
thereof; and said treasurer shall execute to said board such
official bond, with such conditions and with such security
as the board of education may require ; and said bond shall
1)0 at least double the amount of the money that may come
into his hands. Said president, treasurer, clerk, shall hold Term of office
their respective otiices for the term of one year, and the lat-
ter two until successors shall be elected and qualified. Said
clerk and treasurer may, however be removed from their
offices, at any time, by the said board. It shall be the duty
of the president, when present, to preside at all meetings
of the board ; and it shall be the duty of the clerk to be
present at said meetings, and to record, in a book to be Record of pro-
])rovided for that purpose, all the official proceedings of said ^' °"
board, which record shall be public and open to the inspec-
tion of any person interested ; and all said proceedings, when
recorded, shall be signed by the president and clerk, and a
cop3^ thereof, certified by the clerk, shall he2^/'i'^nafacia ev-
idence of such proceedings in courts and other places. If
the president or clerk shall be absent, the board may a]v
point a president and clerk, ^j»r(? te7Ji. The duties of the
treasurer shall be such as shall be prescribed by said board.
§ 6. It shall be the duty of said board to cause an ab- ^f'^^f^'^^^^l^^
stract of the whole number of persons under the age of dren.
twenty-one years in said Henry Union School District, to
be furnished annually to [the] school commissioner or other
proper officer, on or before the first day of JN^ovember ; and
the school commissioner or other officer, as aforesaid, shall
annually pay to the treasurer of said board of education
the proportion of the school, seminary, college fund and
state tax to which said Henry Union School District would
be entitled according to the number of persons aforesaid
under the age of twenty-one years, and shall take dupli-
cate receipts therefor, one of which be shall retain, the
other to be filed with the clerk of the board of education.
Said board shall, also, at the same time make a report of
the condition of all the schools, the text-books used, the
number of scholars in attendance, the average daily attend-
ance, [and] all other necessary information that may be re-
quired by the general acts of the legislature.
§ 7. Said board of education shall, on or before the first Taxation.
day of September in each year, cause to be raised by taxa-
tion, in addition to the state and township fund, a sum cuffi-
cient for the support 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 and one-half of one per
school houses.
462 SCHOOL DI8TEI0TS — ESTABLISHED.
cent, on the assessed 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 ten
days thereafter, furnish the county clerk with a copy there-
of, 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 by the collector to the treasurer of said board of edu-
cation, and duplicate receipts taken therefor, as aforesaid.
Furnishiug § 8. For the purpose of erecting school houses or pur-
chasing school house sites, or for repairing and improving
the same, for procuring furniture, fuel and district libraries,
the board of education of said district shall have power to
levy or have levied and collected a tax, not to exceed five
mills on the dollar, on all the taxable property of said dis-
trict. Said board shall, also, have power, for the erection
of school houses and purchasing sites for school houses, to
borrow, at a rate of interest not to exceed ten per cent, per
annum, and issue bonds therefor, in sums not less than one
hundred dollars, which bonds shall be executed by the
president and clerk of said board : .Frovided, that the total
indebtedness incurred by said district, under this section,
shall not at any time exceed two per centum of the assessed
value of the real and personal property of said district.
Powers of the g 9^ The board of education shall transact all the busi-
ness which may be necessary in relation to the schools of
said district.
Estabiishmeut J^'irst — Said board shall establish a sufiicient number of
schools for the education of all persons over the age of five
and under the ago of twenty-one years ; they shall have
power to establish ditierent grades in such schools, and put
in such a course of study in eacli of said grades as they
may think proper.
Buildings. Second~^ii\(\ board shall cause suitable lots of ground
to be procured and suitable buildings to be erected, pur-
chased 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, which they m^y deem proper.
Superintendent Third — Said boai'd of education may employ a superin-
tendent, who shall, under the direction of the board, have
general supervision over all the schools. Said board shall,
by one or more of their number, visit each one of said
schools at least once each month, and shall cause the result
of said visit to be entered on the records of the board.
Appointment. ./'o'T^/'^'/i — Said board shall have power to appoint all the
saiart'^s"^'^'^ teaclicrs of said schools, fix the amount of their salaries,
and may dismiss them at any time for incompetenc}-, cruelty,
negligence or immorality. And said board shall direct
SCHOOL DISTRICTS ESTABLISHED. 463
what branches of learning shall be taught in each school,
and may suspend or expel from the school any pupil found
guilty of refractory or incorrigibly bad conduct: Fromded^
however^ that in the selection of assistant teacher the super-
intendent may be consulted by the board.
Fifth — Said board shall have entire control of the school control of funds
fund of said district, whether consisting of the portion of
the school, college, seminary or township fund, belonging
and to belong to said district, as aforesaid, or raised by
taxation, as aforesaid, or otherwise, to be used and applied
by them for the purpose aforesaid ; and no money shall be
paid out of the treasury of said board, except upon the
order of said board therefor.
^ 10. Said board of education shall, at the end of each Annual state-
,, J ,, i.i'1-i.-i.i ment ot coudi-
year, cause to be prepared a statement, exhibiting the con- uon of schools.
dition of schools, which statement shall be substantially as
follows, viz :
First — The whole numbers 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 ; what part by males and females.
Second— VciQ whole number of scholars in all the school^-, Numberschoiais
giving the number of males and females in each, and the
average daily attendance in each school, and to enable them
to do this, they shall require the teachers to keep correct
schedules of the attendance.
Third — The aggregate number of male and female Aggregate num-
teachers; the highest, lowest and average monthly com- femaief^^ '^"'^
pensation paid to teachers.
Fourth — The amount of money received from schoopio^ey received,
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 , unexpended
hand at the end ot each year.
Sh:th. — The amount paid for teachers' wages for school
houses, lots, for building, 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.
Seventh. — A statement of the total amount received and toufauTo^fnt."^
paid for school purposes.
§ 11. Said board of education may receive any gift, ^.^lay ^^leceive
grant, donation, devise, bequest or legacy, made for the "^ '
use of any school or schools or library, or other school
purpose 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,
libraries, apparatus and other property belonging to said
school or schools aforesaid, or which may be within their
4:U
SCHOOL DISTRICTS — ESTABLISHED.
Rules for gov-
ernment.
Annual report.
jurisdiction, with full power to control the same in such
manner as they may think will promote 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 or inconvenient or unsuitable for a school,
said board may sell and convey the same, in the name of
the board ; and such conveyance as well as all other con-
veyances and assignments of the board, shall be executed
by the president and clerk ; and the avails of all sales
shall be paid to the treasurer of said board, for the benefit
of schools.
§ 12. Said board of education may make such by-laws,
rules and rugulations as may be absolutely necessary to
the exercise of the foregoing powers.
§ 13. 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 hour and be conducted in such manner as may be
prescribed by the board of education : Fromded^ that the
election shall be by ballot.
§ 14. This act shall be deemed a public act, and shall
take effect and be in force from and after its passage.
Approved April 1, 1869.
In
force April
1, 1SG9.
AN ACT to establish and form the Kickapoo Union School District.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That all
Boundaries of that district of couutry lying in townships twenty -two (22)
istiict. ^^^ twenty-three (23) north, range three (3) east of the third
principal meridian, in the county of McLean and state of
Illinois, and embraced within the following boundaries,
to-wit : Commencing at the southeast corner of section
twenty-eight (28), township twenty-three (23), range three
(3) east, running north one-quarter (-^) mile, thence west
one and one-half (H-) mile, south one-fourth (^) mile,
thence west one-half (^) mile, south one-fourth (■^) mile,
west one (1) mile, south three-fourths (f) mile, to the town
lino between township twenty-two (22) and twenty-three
(23), thence east one (1) mile, south one-half (^V) mile, east
one-fourth (j) mile, south one-half {V) mile, east one-fourth
(j) mile, south one-lialf (4) mile, east one-half (t^) mile,
south one and one-half (1-^) mile, east one and three-
fourths (l'^)] miles, north one and one-fourth (1^) mile, east
{^) oue-tburth mile, noifh three-fourths (£) mile, west one-
fourth (I) mile, north ono-liulf (il) mile, west one-half (;l)
mile, north one-half (A) mile to the town line between tlie
townships before mentioned, thence north one (1) mile,
west (:[) ono-lburth mile, to the place of beginning, is here-
80HO0L DISTEICTS — ESTABLISHED. 465
by made and constituted a permanent school district by
the name of "The Kickapoo Union School District," and Name and style.
that no territory shall ever be taken therefrom, except by
act of legislature.
§ 2. That the public schools of said district shall be un- Managemen
der the exclusive management and control of six persons, °'^'^'^^''^^'^'^°°^
to be elected and qualified as hereinafter specified, and
known as " The Board of Education of Kickapoo Union
School District ;" which board of education aud their suc-
cessors in office shall be a body corporate and politic, by
the name and style aforesaid, and may have a common
seal and change the same at pleasure, and, as such board,
may contract and be contracted with, sue and be sued,
plead and be impleaded, in any court of law and equity in
this state, and, as such board and in such name, shall be
the legal successors of the trustees of schools and school
directors in the territory embraced herein, and shall be
and are ^hereby invested, in their corporate capacity, with
the title, care, custody and control of all lands, lots, school
houses and buildings, school libraries and apparatus, and
shall receive all money and other property belonging or in
any way accruing to said district or to any part thereof, for
the use and benefit of public schools therein, with full power
to use and control the same in such manner as they may
think will best promote the interests of public schools and
the cause of free education, not inconsistent with this act ;
and said board shall, also, be capable of receiving any gift,
grant, bequest or devise of real or personal property made for
the use or benefit of public schools in said district ; and all
moneys accruing to said district for school purposes under
any law of this state shall be paid over to the treasurer of
said board of education.
§ 3. That, for the purpose of organization, the follow- Names of board.
ing persons, viz : A. M. Savidy, James Montgomery, J. B.
Weaver, P. B. Price, T. B. Savidy, and T. Z. Hall, shall
be and are hereby made and constituted a board of educa-
tion for said district until the next regular time of holding
elections for school directors established by the general
school law of this state and until their successors are elec-
ted and qualified, at which time the qualified electors of
said district shall, upon the usual notice being given, elect
six (6) members of said board, who, with their successors
in office, shall compose and constitute said board of educa-
tion and first incorporators under this act, two of whom
shall serve for one year, two for two years, and two for
three years. The time that each shall serve shall be de-
termined by lot, and annually thereafter there shall be
chosen, in the same manner, two members of said board,
each of whom shall serve for the period of three years
and until their successors are elected and qualified. Such
intermediate vacancies as may occur in said board shall be
Vol. Ill— 59
466 SCHOOL DISTRICTS — ESTABLISHED.
filled by the remaining acting members until the next an-
nual election, when such vacancy or vacancies shall be
filled by the electors of said district.
Oath oi office. § 4. That Said fii'st mentioned board, within ten days
after the taking effect of this act, shall meet, and after hav-
ing each taken an oath to properly and faithfully perform
the duties of members of said school board and to support
the constitution of the United State and state of Illinois,
organize, by appointing one of their number president and
one clerk and appointing some person, not of their number,
treasurer, but who shall be a resident of the district. That
said treasurer shall hold his office during the pleasure of the
board, and before entering upon the duties of such otnce,
shall give bond payable to said board of education of the
Kickapoo Union School District, in such sum, not less than
double the amount which may probably be in his hands
at any one time, and with such security as may be ap-
proved by said board, and to be kept by them, conditioned
fur the faithful discharge of all his duties as school treas-
urer; and the said subsequent board, chosen or elected as
herein provided, shall meet within ten (10) days after their
election and take the oath and organize in accordance with
this section.
stated meetings g 5. The Said board may hold stated meetings at such
times and places in said district as they may appoint, four
members of said board at all meetings thereof constituting
a quorum to do business — the presideu!; having a vote
only in case of a tie ; that special meetings may be called
at any time by the president or any two members, by giv-
ing one day's notice of the time and place of the same :
Provided, that if the president of the board shall be absent
from any such meetings a temporary president may be ap-
pointed ; and said board may pass and enforce such by-
laws, rules and regulations, for their own government and
for the government of the clerk and treasurer, not incon-
sisient with this act, as they may deem proper, and, by
resolution, shall direct the payment of all moneys that
shall come into the luiTids of the treasurer; and no money
shall be ])aid out of the treasury, except in pursuance of
such reaolution and on written order of the president, coun-
tersigned by the clerk.
niviL4ou uf § ^. AH school lands, school funds and other real and
fiiuds, etc. personal estate, notes, bonds or obligations, belonging to
townships number twenty-two (22) and twenty-three (2o)
north, of range three (3) east of the third principal merid-
ian, in the county of McLean, and state of Illinois, held or
owned for school purposes by said township, shall bo di-
vided between the said Kickapoo Union School District
and the portion of tlio said township without the same, in
the ])roportion and manner following, to-wit : The school
trustees of said township shall, within thirty days after the
SCHOOL DISTRICTS — ESTABLISHED. 467
taking effect of this act, appoint threo coramissioners, who
are freeholders, one a resident of said district and the others
residents of said townsliip within said district, who, alter
beini^ duly sworn to well and truly discharge their duties,
shall ascertain the whole number of persons under the age
of twenty-one years residing in the whole of said district
and the number in said townships within said districts and
the whole number within said townships, and thereupon
said trustees shall divide and apportion said funds, real and
personal estate, notes, bonds and obligations of said town-
ships, between the said district and the balance of the said
tovN'nships without said district, in the proportion of the
whole number of persons under twenty-one years of age
in each shall bear to the number in the whole of said town-
ships. Said trustees shall have power to supply vacancies
occurring among said commissioners, and compensate them
for such services, in such amount as they shall deem proper
and right.
§ 7. Said trustees or other person or persons having 0'^™^^,^^°^!^^^
control or custody of said funds, property, bonds or obl'ga-
tions, shall, upon such divisions being made, pay over, as-
sign, transfer and deliver to the board of education of
Kickapoo Union School District the portions of the funds
and other personal estate, notes, bonds and obhgations to
which said school district may be entitled, and exectite
and deliver to said board of education the necessary deeds
and other conveyances for the share of real estate duii said
district under such divisions; which funds and other per-
sonal and real estate, notes, bonds and obligations shiill be
and remain under the full and entire control and power of
the said board of education, for the use and benefit of said
district, subject only to the provisions of the genercil school
law of this state defining the powers and duties of school
trustees,
5 8. The board of education of such distiict is herebv Abstract d( the
• 1 i 1 L 1 J. I J *. 1 V ' number of white
required to make out and cause to be made out and tur- children.
nished to the school superintendent of said McLean coun-
ty, an abstract of the whole number of white children under
tlie age of twenty-one years, at the times and in the man-
ner required by law of other school officers under the gen-
eral school laws of this state ; and said superintendent or
or other proper otiicer shall pay to the treasurer of said
district its proportion of the school, college and seminary
fund, of the two mill tax, interest, tines and other moneys
or special taxes distributed according to the laws in force
for such apportionment or distribution, treating such dis-
trict for this purpose the same as a township,
§ 9. The said board of education shall establish and Free schools,
maintain a sufficient numbn* of free schools for the educa-
tion of every person residing in said district, over the age
of six years and under the age of twenty-one years, and
468 SCHOOL DISTEIOTS — ESTABLISHED.
shall make the necessary provisions for continuing said
echools in operation not less than six months nor more
than nine months in each year, and, for the purpose of
more successfully accomplishing this end, the said board
shall have power :
^iSfudr"'^''^'^ -^/rsz;. — To rent, lease or purchase grounds and sites for
school buildings.
Buildings. Secoud. — To hire, purchase or erect, in accordance with
the provisions of tliis act, houses and buildings to be used
for school purposes and to keep the same in proper re-
pair.
Paruiture, etc. Third. — To furnish the scliools in said district with all
the necessary fixtures, furniture and apparatus.
Primary schools, toufth. — To establish in Said district as many primary
schools and those of higher grades as said board shall deem
proper; to determine the branches or studies to be taught
in such department or grade, and to prescribe and enforce
rules and regulations for the admission of pupils into the
same and for the promotion from one grade or department
to another, and also to determine the text books and other
articles to be used therein.
Appoiniment of jBiftJi. — To hire and appoint all the teachers of said
tsachers. schools, establish rules respecting their qualifications and
how the same shall be determined, fix the amount of the
salaries or compensation of each teacher, and may dismiss
any teacher at any time : Fromded^ that nothing herein
contained shall be so construed as to supersede the necessi-
ty of every teacher first procuring a certificate from the
county superintendent of common schools, as is now re-
quired by the general school laws of this state.
Subdivisions of Sixth. — To lay off and subdivide said district into as
district, many subdivisions, for school purposes, as circumstances
and the interests of schools therein may be thought to re-
quire, and, from time to time, to change the same or
create new ones.
Examiuatious. Seventh. — To appoint three persons, whose duty it shall
be to conduct all examinations of pupils for admission to
any department or grade of said schools, or for promotion
therein, and to appoint other officers, committees or agents,
as they shall deem best or most conducive to the interests
of said schools.
Expel pupils. Eighth. — To have power to suspend or expel pupils for
disobedient, refractory, incorrigibly bad conduct, or for fail-
ure to comply with all the rules and regulations adopted
by tVie board for the government of said schools.
General powers. Ninth. — To liavo and possess all the rights, powers and
authority necessary for the proper management of schools
and school funds and the carrying out of the true spirit
and interests of this act and that may be necessary to es-
tablish and perfect a good and thorough system of public
instruction in graded free schools in said district.
SCHOOL DISTRICTS — ESTABLISHED, 469
§ 10, The said board, in addition to the powers now giv- Powers and
en by law to school directors and the powers herein gran- p"^'®-®*-
ted, shall possess -all the powers and privileges of trustees
of townships, for school purposes, and shall be recognized
and regarded by the school superintendent, county clerk
and all other officers of this state as possessing all the
powers, privileges and rights of trustees of congressional
townships of this state, and are hereby required to perform
for said district all the duties of trustees, as well as those
of directors, not inconsistent with this act.
§ 11. It shail be the duty of the board of education Money nseied.
and they shall have full power to determine the amount of
money needed and to be raised for school purposes for each
year, over and above the amount derived from the school
funds heretofore enumerated or from other sources, and to
levy the same, annually, on the taxable property of the
district, and have it collected in the same manner as other
school directors do under the general school law ; which levy
or tax shall not in any one year exceed two per centum of
the assessed .valuation of all the property in said district
subject to taxation therein.
§ 12. Said board may, also, at any time they may May borrow
deem necessary, borrow any sum or sums of money, for a '^°^^^-
term not exceeding one year, and a rate of interest not ex-
ceeding ten per centum, per annum, to be expended for
general school purposes, for purchasing school house
sites and for repairing and emproving school buildings :
Provided^ that the total amount of moneys so borrowed
and unpaid at any one time shall not exceed one per cen- .
tum of the assessed valuation of the real and personal
property subject to taxation in ^ aid district.
§ 13. That whenever said board of education shall Erect kouses.
deem it necessary to purchase or erect a school house or
school houses and other necessary buildings for this said
district, they shall call a meeting of the legal voters in said
district, by giving at least ten (10) days' notice of the time Notice of eiec-
and place and object of said meeting, by posting up or *^°°
causing to be posted up at least three written or printed
notices in three of the most public places in said district ;
and the president of said board or in his absence one of
the other members shall act as chairman of said meeting,
and after appointing some one of their number clerk, may Question sub-
determine, by a majority vote, upon the erection of a ™\"r^ ^'^ '*^**
school house or school houses and other buildings, and
the amount of money to be raised for that purpose, and the
time or times when the same shall be paid ; which moneys
80 voted, shall be levied by said board and collected, from
year to year, in such amounts each year as shall have been
determined by said meeting, the same as other taxes are
collected for school purposes : Frovided, that said levy
shall not exceed for any one year three per centum of the
470 SCHCOL DISTRICTS — ESTABLISHED.
assessed value of the taxable property of said district; ::nd
the said board of education, for the purpose of raising the
money so voted, may issue bonds, which'shail be executed
by the president and clerk, in sums of not less than one
hundred dollars each, bearing interest not exceeding ten
per centum, per annum, and running for such times as may
be necessary.
Admitted fice. § 14. All persons ovcr the age of six (6) years and un-
der the age of twenty-one (21) years shall be admitted into
said schools free : Brovided, said board may. at their option,
have power to charge and collect a reSsonable tuition
fee from each pupil that pursues the study of any other
language therein than the English or German ; and said
board shall have power to admit persons who do not reside
in said district, or who are over twenty-one years of age
into said schools, upon such terms as they may deem
proper ; but nothing herein contained shall be so construed
as to prevent persons from being suspended, expelled or
kept out of such schools altogether for the reasons herein-
before mentioned.
Compensation. § 15. Neither the treasurer nor any member of the
board shall receive any compensation fur his attendance at
the meetings of the same, nor for the performance of its
ordinary duties ; but for extraordinary services reasonable
compensation may be allowed, the board to determine what
are extraordinary services and what is reasonable com-
pensation therefor.
sjgaatnre of § 16. It shall be the duty of the president and clerk to
pesideut bind- ^^^^ ^ papers and documents of said board, and the same
are hereby declared legal and binding, when signed.
Penalty for § 17. Fur any neglect or failure (except through sick-
negiectof dnty. jjess of himsclf or family) by any member or treasurer of
said board of education to lulhll and perform the duties
required of or imposed upon him by any of the provisions
ot this act, he shall be liable to a penalty often (10) dol-
lars for each default, to be recovered by an action of debt,
at the suit of any person who may complain — one half of
said line to go to the inf)ruiei-, the other half to be paid to
the treasurer of said district.
Duties or iiic ^ 18' 1'hc treasurer shall, as often as required by the
truasiiiei-. board, make duo and full report to them, which report
shall be open to the inspection of any citizen of said dis-
trict, of the financial condition thereof, giving the amount
of money on hand and from Avhat sources derived, the
amounts paid out since the last report and for what pur-
pose and such other items as the said board or the general
school law may reciuire.
Directors. %^*'^- Tlio prcscut directors of ITnion District Number
Six (G), shall be the directors of this contemplated district,
from the taking efl'ect of this act until the proper organiza-
tion of said board is effectod thereunder.
SCHOOL DISTRICTS — ESTABLISHED.
471
epealod.
S 20. All prior acts and parts of acts inconsistent with conflictiug acts
the provisions oi this act are hereby repealed.
§ 21. This act is hereby declared to be a public act, and
shall take effect and be in force from and after the first
(Ist) day of April, in the year of our Lord one thousand
eight hundred and sixty-nine.
AiTKovED March 31, 1869.
AN ACT to establish and form tlio Mason High School District.
In force T.iaich
1, IS'JO.
Si';oTioN 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly, That all that b
district of country embraced within the following bounda-
ries, to wit: Sections fourteen, fifteen, twenty-one, twenty-
two and twenty-three and the north half of sections twenty-
six, twenty-seven and twenty-eight, in towneliip six ((i)
north, of range live (5) east, in the county of Effingham,
and state of Illinois, is hereby made and constituted a per-
maneiit school district, by the name of "The Mason High
School District," and that no territory shall ever be taken
therefrom, except by act of the legislature.
§ 2. That the public school of said district shall be un-
der tliG exclusive management and control of six persons,
to be elected and qualitied as hereinafter specified, and
known as "The Board of Education of the Mason High
School District ;" which board of education and their succes-
sors in office shall be a body corporate and politic, by the name
and style aforesaid ; and may have a common seal and change
the same at pleasure, and as such board, may contract and be
contracted with, sue and be sued, plead and be impleaded, de-
fend and be defended, in any courts of law or equity in this
st&tc; and, as such board, and in such name, shall be the le-
gal successors of the trustees of schools and school directors
in the territory embraced herein, and shall be and are here-
by invested, in their corporate capacity, with the tiile, care
cust( dy and control of all laudi!, lots, school houses and
buildings, school libraries and apparatus, and shall receive
all moneys and other property belonging or in any way ac-
cruing to said district or to any part thereof, for the use and
benetit of public schools therein, with full power to use and
control the same in such manner as they think will best
promote the interest of public schools and the cause of free
education, not inconsistent with this act ; and said board
shall, also, be capable of receiving any gifts, grants, bequests
or devises of real or personal property made for the use or
benefit of public schools in said district ; and all moneys
un.larics.
Managcmoatof
schools.
Succes
truetets.
4:72 SCHOOL DISTRICTS — ESTABLISHED.
accruing to said district for school purposes, under any law
of this state, shall be paid over to the treasurer of said
board of education. ,
Names of the § 3. That, for the purposes of organization, the follow-
boardof educa- -^^^ persons, to wit : J. L. Leith, William Donaldson, John
B. Kelley, Stephen Hardin, Daniel W. Sisson, and Henry
Drury, shall be and are hereby made and constituted a
board of education for said district, until the next regular
time of holding elections for school directors established by
the general school law of this state and until their succes-
sors are elected and qualified ; at which time the qualified
electors of said district shall, upon the usual notice being
given, elect six members of said board, who, with their suc-
cessors in ofiice, shall compose and constitute said board of
education and first incorporators under this act, two of
whom shall serve for one year, two for two years and two
Term of office, for three years. The time that each shall serve shall be
designated on the ballots cast. And annually thereafter
there shall be chosen, in the same manner, two members of
said board, each of whom shall serve for the period of three
years and until their successors are elected and qualified.
Such intermediate vacancies as may occur in said board shall
be tilled by the remaining acting members until the next
annual election, when such vacancy or vacancies shall be
filled by the electors of said district.
organizatioB. § 4. That Said first mentioned board, within ninety days
after the taking efiect of this act, shall meet, and after hav-
ing each taken an oath to properly and faithfully perform
the duties of members of said school board and to support
the constitution of the United States and state of Hlinois,
organize, by appointing one of their number president and
one clerk and appointing some person not of theic number
treasurer, but who shall be a resident of the district. That
said treasurer shall hold his ofiice during the pleasure of
the board, and before entering upon the duties of such of-
fice shall give a bond, payable to said board of education
of the Mason High School District, in such sum, not less
than double the amount which may probably be in his
hands at any one time, and with such security as may be ap-
proved by said board, and to be kept by them, conditioned
for the faithful discharge of all his duties as such treasurer;
and the said subsequent board, chosen or elected as herein
provided, shall meet within ten days after their election,
and take the oath and organize in accordance with the pro-
visions of this section,
stated meetings § 5, That Said board may liold stated meetings at such
times and places in said district as they may appoint — four
members of said board, at all meetings thereof, constituting
a quorum to do business — the president having a vote only
in case of a tie. That special meetings may be called at
any time by the president or any two members, by giving
SCHOOL DISTRICTS — ^ESTABLISHED. 473
one daj's notice of the time and place of the same : Frovi-
ded, that if the president of the board shall be absent from
any such meetings a temporary president may be appoint-
ed. And said board may pass and enforce such, by-laws,
rules and regulations for their own government and for the
government of the clerk and treasurer, not inconsistent with
this act, as they may deem proper, and by resolution shall
direct the payment of all moneys that shall come into the
hands of the treasurer ; and no money shall be paid out of
the treasury, except in pursuance of such resolutions, and
on written orders of the president, countersigned by the
clerk.
§ 6. All school lands, school funds and other real or per- Apportionment
sonal estate, notes, bonds or obligations belonging to town- ° p'"''!^®'''^-
ship number six north, of range number five east ol the 3d
principal meridian, in the county of Effingham, and state of
Illinois, held or owned for school purposes by the said town-
ship, shall be divided between the said Mason High School
District and the portion of the said township without the
same, in the proportion and manner following, to wit : The
school trustees of said township shall, withm ninety days
after the taking effect of this act, appoint two commission-
ers, who are freeholders, one a resident of said district, the
other a resident of said township without said district, who,
after being duly sworn to well and truly discharge their du-
ties, shall ascertain the whole number of persons under the
age of twenty-one years residing in the whole of said dis-
trict, and the whole number in said township without said
district, and the whole number within said township; and
thereupon said trustees shall divide and apportion said
funds, real and personal estate, notes, bonds and obliga-
tions of said township between the said district and tiie
balance of said township without said district, in the pro-
portion which the whole number of persons under twenty-
one years of age in each shall bear to the number in the
whole of said township. Said trustees shall have power to
supply any vacancies occurring among said commissioners,
and compensate them for such services, in such amount as
they shall deem proper and right.
§ 7. Said trustees or other person or persons having con- aji property as*
trol or custody of said funds, property, bonds or obligations, °
shall, upon such division being made, pay over, assign,
transfer and deliver to the board of education of the Mason
High School District the portion of the funds and other per-
sonal estate, notes, bonds and obligations to which said
school district may be entitled, and execute and deliver to
said board of education the necessary deeds and other con-
veyances for the share of real estate due said district, under
such division ; which funds and other personal and real es-
tate, notes, bonds and obligations shall be and remain un-
der the full and entire control and power of the said board
Vol. Ill— 60
signed to board.
4:74: SCHOOL DISTRICTS— ESTABLISHED.
of education, for the use aud benefit of Baid district, subject
only to the provisions of the general school law of this state,
defining the powers and duties of school trustees.
AbBtractefthe § 8. The board of education of said district is hereby
chud^em*^^^'^*' required to make out or cause to be made out and furnish
to the school superintendent of said Effingham county an
abstract of the whole number of white children under the
age of twenty-one years, at the time and in the manner re-
quired by law of other school officers, imder the general
school law of this state ; and said superintendent or other
proper officer shall pay to the treasurer of said district its
proportion of school, college and seminary fund, of the two
mill tax, interest, fines and other moneys or special taxes
distributed according to the laws in force for each apportion-
ment or distribution, treating such district for this purpose
the same as a township.
Free schools, § 9. The Said board of education shall establish and
maintain a sufficient number of free schools for the educa-
tion 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, not less than eight mouths and not more than
ten months in each year; and, for the purpose of more success-
fully accoraplis]\ing this end, the said board shall have power :
Erect buildings, l^^irst — To rent, lease or purchase grounds and sites for
school buildings.
May purchase 'Second — To hire, purchase or erect, in accordance with the
grounds. provisions of this act, houses and buildings, to be used for
school purposes, and to keep the same in proper repair.
Furniture, etc. Third— To furnish the schools of said district with all the
necessary fixtures, furniture and apparatus.
Primary Bchoois FouHh — To fumish in said district as man/ primary
schools and those of higher grades as said board shall deem
proper ; to determine the branches or studies to be taught
in each department or grade, and to prescribe and enforce
rules and regulations for the admission of pupils into the
same, and for the promotion from one grade or department
to another ; and also to determine the text books and other
articles to be used therein, under the direction of the coun-
ty superintendent.
Teacher,?. Fifth — To hire and appoint all the teachers of said schools,
establish rules respecting their qualifications and how the
same shall be dctermineVi, fix the amount of the salaiy or
compensation of each teacher, and may dismiss any teacher
at any time : Provided^ that nothing heroin contained shall
bo so construed as to supersede the necessity of ever}-
teacher first procuring a certificate from the county super-
intendent of common schools, as is now required by the
general school law of this state.
ti«S?'^'^''^° ^^3- Sixth — To lay ofi" and subdivide said district into as many
subdivisions, for school purposes, as circumstances and the
SCHOOL DISTRICTS — ESTAliLISIIED. 475
interests of schools therein may be thought to rcqiiire, and,
from time to time, to change tlie same or create new ones.
Seventh— Ho appoint three persons, whose duty it shall Examinations,
be to conduct all examinations of pupils for admission to
any department or grade of said schools or for promotion
therein, and to appoint other officers, committees or agents,
as they shall deem best or most conducive to the interests
of said schools.
Eighth — To have the power to suspend or expel pupils for E.^pei pupiiB.
disobedient, refractory, incorrigibly bad conduct or for a
failure to comply with all the rules and regulations adopted
by said board for the government of said schools.
Ninth — To have and possess all the rights, powers and Powereaudpri-
authority necessary for the proper management of schools ^^*®*^^^-
and school funds, and the carrying out the true spirit and
intent of this act and that may be necessary to establish and
perfect a good and thorough system of public instruction in
graded free schools in said district.
§ 10. The said board, in addition to the powers now General powers.
given by law to school directors and the powers herein
granted, shall possess all the powers and privileges of trus-
tees of townships, for school purposes, and shall be recog-
nized and regarded by the school superintendent, county
clerk and all other officers of this state as possessing all the
powers, privileges and rights of trustees of congressional
townships of this state, and are hereby required to perform
for said district all the duties of such trustees as well as
those of directors, not inconsistent with this act.
§ 11. It shall be the duty of the board of education and Money needed.
they shall have full power, to determine the amount of
money needed and to be raised for school purposes for each
year, over and above the amount derived from the school
funds heretofore enumerated or from other sources, and to
levy the same annually on the taxable property of the dis-
trict, and have it collected in the same manner as other
school directors do under the general school law ; which
levy of tax shall not, in any one year, exceed two per
centum of the assessed valuation of all the property in said
district, subject to taxation therein.
§ 12. Said board may, also, at any time when they may Bonow money
deem it necessary, borrow any sum or sums of money, for ["o'ges.'^'^""' ''"'^'
a time not exceeding one year, and at a rate of interest not
exceeding ten per centum, per annum, to be expended for
general school purposes, for purchasing school house sites,
nd for re])airing and improving school buildings : Frovi-
ded^ that the total amount of moneys so borrowed and un-
paid at any one time shall not exceed one per centum of the
assessed valuation of the real and personal property subject
to taxation in said district.
§ 13. That whenever said board of education shall deem Question snb-
it necessary to purchase or erect a school house or school ^\"rs. *° '*^*
4Y6
SCHOOL DISTRICTS — ESTABLISHED.
lect taxes.
Admittod free.
houses and other necessary buildings for the said district,
they shall call a meeting of the legal voters in said district,
by giving at least ten days' notice of the time and place^and
object of said meeting, by posting up or causing to be posted
up at least three written or printed notices in three of the
most public places in said district ; and the president of
said board or in his absence one of the other members shall
act as chairman of said meeting, and, after appointing
some one of their number clerk, may determine, by a ma-
jority vote, upon the erection of a school house or school
houses and other buildings, and the amount of money to be
raised for that purpose, and the time or times when the
Levy aud col- same shall be paid ; which moneys, so voted, shall be levied
by said board and collected from year to year in such
amounts each year as shall have been determined by said
meeting, the same as other taxes are collected for school
purposes : Provided^ that said tax shall not exceed for any
one year three per centum of the assessed value of the tax-
able property of said district. And the said board of edu-
cation, for the purpose of raising the money so voted, may
issue bonds, which shall be executed by the president and
clerk, in sums of not less than one hundred dollars each,
bearing interest not exceeding ten per cent., per annum,
and running for such times as may be necessary.
§ 14. All persons over the age of six (6) years and un-
der the age of twenty-one (21) years shall be admitted into
such schools free of any charge for tuition : Provided^ said
board shall charge and collect a reasonable tuition fee from
each pupil that pursues the study of any other language
therein than the English. And said board shall have pow-
er to admit persons who do not reside in said district or
who are over twenty-one years of age into said schools,
upon such terms as they may deem proper ; but nothing
herein contained shall be so construed as to prevent per-
sons from being suspended, expelled or kept out of such
schools altogether, for the reasons hereinbefore mentioned.
§ 15. Neither the treasurer nor any member of the
board shall receive any compensation for his attendance at
the meetings of the same, nor for the performance of its or-
dinary duties ; but for oxtraordinarj'- services reasonable
compensation may be allowed, the board to determine what
are extraordinary services and what is reasonable compen-
sation therefor.
§ 16. It shall be the duty of the president aud clerk to
sign all papers and documents of said board, and the same
are hereby declared legal and binding, when so signed.
§ 17. For any neglect or failure (except through eick-
negiect of duty, jjggg ^f hirusclf or family) by any member or treasurer of
said board of education to fulfill and perform the duties re-
quired of or imposed upon him by any of the provisions of
this act, he shall be liable to a penalty of ten dollars for each
No compensa
tion.
Sianatnra
president.
of
Penalties for
SCHOOL DISTRICTS — ESTABLISHED. 477
default, to be recovered by an action of debt, at the suit of
any person who may complain, one half of said tine to go
to the informer, the other half to be paid to the treasurer of
said district.
§ 19. The treasurer shall, as often as required by the Treasurermake
board, make due and full report to them, which report shall f^ii '■''poft.
be open to the inspection of any citizen of said district, of the
financial condition thereof, giving the amount of money ou
hand and from what sources derived, the amounts paid out
since the last report and for what purposes, and such items
as the said board or general school law may require.
§ 20. This act is hereby declared to be a public act, and
shall take effect and be in force from and after the first day
of March, A.D. 1869.
Approved April 1, 1869.
AN ACT to establish the Momence Union School District, in the towns of In force March
Momence and Gauier, in the county of Kankakee, and state of Illinois, • '^'^^ ^^'''•
and to provide for purchasing a site and building a school house thereon,
to levy and collect a special tax, to issue bonds and borrow money.
Section 1. Be it enacted hy the Peojple of the State of
Illinois J repixsented in the General Assembly^ That all of Bonndaries.
sections eighteen and nineteen, all of the west half of sec-
tion seventeen, the northeast quarter and the whole of the
west half of section twenty, the west half and the south-
east quarter of the southwest quarter of section seven, in
township thirty-one north, of range fourteen east, all of
the south half of section twelve and all of section thirteen,
the southeast quarter of section fourteen, the north frac-
tion of the hortheast quarter and the north fraction of
the southwest quarter and all of the northwest quarter
of section twenty-three, and Beedle's Island, in section
twenty-three, the north fraction of the northwest quarter
and all of section twenty-four, in township thirty-one north,
of range thirteen east of the third principal meridian, in
the county of Kankakee, and state of Illinois, shall con-
stitute one district for school purposes, and as such shall
have all the rights and privileges and be governed by the
same laws as other school districts in this state, except as
herein otherwise provided.
§ 2. There shall be three directors for said district, the Bosrd of di-
same to be chosen and to hold their office the same as is "'^'°"-
DOW provided by law — the present directors to continue in Term of office.
ofiice the same as though this act had not been passed ;
said directors to be known as school directors of Momence
Union District ; and, in addition to the powers and duties
created by this act, shall exercise ail the powers and per-
478 SCHOOL DISTRICTS — ESTABLISHED.
form all the duties required of other directors by the laws
of this state.
_ May purchase § 3. Said school directors shall have the powers to
site for eehooi. p^irchasQ a site for a school house in said school district,
which shall be within the incorporated town of the village
of Momence and as near the center of said district as can
be conveniently obtained, and to erect a school house
thereon, to cost not exceeding twenty thousand dollars
[$20,000], and, for that purpose, shall have power to] levy
and collect annually a tax on all the taxable property of
said district of not exceeding four per cent, on each one
hundred dollars' worth of property in said district.
lofs'fe ^°^^ ^^^ § ^' ^^ *'^ enacted, that the directors be required to
certify to a tax of not exceeding four per cent., as specified
in sec. 3, for the purpose of purchasing a school house site
and building a school house thereon, at the same tim.e and
in like manner that the tax is certified to for the support of
common schools, as now required by law, which tax shall
be extended by the clerk and collected by the collectors of
the two towns of Momence and Ganier, and be paid over
to the treasurer of said district ; but the collectors shall re-
ceive only one per cent, for collecting said tax.
itHiebonds. g 5_ Pqj. i]^q purpose of building said school house said
directors are hereby authorized and empowered to issue
bonds for an amount not to exceed twenty thousand dol-
lars, in amounts not less than one hundred dollars each,
payable in any time not exceeding fifteen years, at any rate
of interest not exceeding ten per cent, per annum, and to
sell and dispose of the same at par value, and to continue
to levy and collect the tax herein provided for until the
principal and interest of said bonds shall be fully paid.
Treaenrer. § 6. The Said scliool directors shall appoint a treasurer
for said district, who shall hold his ofiico for one year and
until his successor shall bo appointed and qualified, who
shall, before he enters upon the duties of his oflice, give
Bondandsecu- bonds to Said directors with good and sufficient sureties, for
nty required. t|,e i^gQ of said district, in double the amount of school
moneys ho may be required to handle. Said treasurer
shall take the place, as far as said district is concerned, of
the township treasurers of townsliip thirty-one north, of
range thirteen and fourteen east, and he sliall perform for
said district all the duties which now by law devolve upon
tlie said township treasurers and the collectors of said towns
of Momence and Ciauier; and the county superintendent
of schools of said county of Kankakee shall pay over to
said treasurer, at the proper times, all school money which
may be collected by liim or may be in his hands belonging
Removal from to Said school district. Said treasurer may at any time be
** '^^^ removed by said directors for negligence or malfeasance in
ofiico or for any good reason ; and the said directors may
allow said district treasurer such compensation as they may
SOHOOL DISTRICTS — ESTABLISHED. 170
deem proper, but not to exceed one per cent, of the school
moneys he may be required to handle: Provided^ that the
board of directors herein named shall submit this act to the
lej[^al voters of the district herein created before it shall
take effect.
§ 7. This act shall be in force from and after its pas-
sage.
Ari'KOYED March 27, 1869.
AN ACT to establish the NiauLic Union School District. In force Ainil
1, lyc.y.
Section 1. Be it enacted by the Feople of the State of
Illinois, represented in the General Assembly, That all Boundariee,
that district of country, embraced within the following
boundaries, to- wit: Commencing at the northwest corner
of section four (4), thence east four (4) miles, thence south to
the Sangamon river, thence following the river west to tlie
southwest corner of Macon county, thence north, following
the line of demarking between the counties of Macon and
Sangamon, to the place of beginning, in township sixteen
(16) north, range one (1) west, of the third principal me-
ridian, in the county of Macon, and state of Illinois, is
hereby made and constituted a permanent school district,
by the name of the " J^iantic Union School District," and
that no territory shall ever be taken therefrom, except by
act of legislature.
§ 2. That the public schools of said district shall be un- Board or edu-
der the exclusive management and control of six persons, troi^choois.^"""
to be elected and qualified as hereinafter specified, and
known as the "The Board of Education of the Niantic Name and style.
Union School District;" which board of education and
their successors in office shall be a body corporate and poli-
tic, by the name and style aforesaid, and may have a com-
mon seal, and change the same at pleasure, and, as such corporate pow-
board, may contract and be contracted with, sue and be ®'^^'
sued, plead and be impleaded, in any court of law or
equity in tliis state — and, as such board, and in such name,
shall be the legal successors of the trustees of schools and
school directors in the territory embraced herein, and shall
be and are hereby invested, in their corporate ca])acity, with
the title, care, custody and control of all lands, lots, school
houses and buildings, school libraries and apparatus, and
shall receive all moneys and other property belonging or in
&ny way accruing to said district, or to any part thereof,
for tlie use and benefit of public schools therein, with full
power to use and control the same in such mannner as they
may think will best promote the interests of public schools
480 SCHOOL DIBTEICTS — ESTABLISHED.
and the cause of free education, not inconsistent with this
act; and said board shall, also, be capable of receiving any
gift, grant, bequest or devise of real or personal property,
made for the use or benefit of public schools in said dis-
trict; and' all moneys accruing to said district for school
purposes under any law of this state shall be paid over to
the treasurer of said board of education.
First board of § 3. That for the purposes of organization the following
education. pgrsous, viz : William Bridges, J. T. Faris, Sheldon Parks,
Jesse Lockhart, F. C. Kitch and S. A. Pritchett, shall be
and are hereby made and constituted a board of education
for said district until the next regular time of holding elec-
tions for school directors established by the general school
law of this state and until their successors are elected and
qualified ; at which time the qualified electors of said dis-
trict shall, upon the usual notice being given, elect six (6)
Term of office, members of said board, who, with their successors in office,
shall compose and constitute said board of education and
first corporators under this act, two of whom shall serve one
year, two for two years, and two for three years. The
time that each shall serve shall be designated on the ballots
cast ; and annually thereafter there shall be chosen, in the
same manner, two members of said board, each of whom
shall serve for the period of three years and until their suc-
vacancies,how cessors are elected and qualified. Such intermediate va-
cancies as may occur in said board shall be tilled by the
remaining acting members until the next annual election,
when such vacancy or vacancies shall be filled by the elec-
tors of said district.
Organisation. § 4. That Said first mentioned board, within ten days
Oath of office, after the taking efi:ect of this act, shall meet, and after hav-
ing taken an oath to properly and faithfully perform the
duties of members of said school board and to support the
constitution of the United States and state of Illinois, or-
ganize, by appointing one of their number president and one
clerk and appointing some person not of their number
Duties of the treasurer, but who shall be a resident of the district. That
said treasurer shall hold his office during the pleasure of
the board, and before entering upon the duties of such of-
fice shall give a bond, payable to the said board of educa-
tion of the Niantic Union School District, in such sum, not
less than double the amount which may probably be in his
hands at any one time, and witli such security as may be
approved by said board, and to be kept b}'^ them, condi-
tioned for the faithful discharge of all his duties as such
treasurer ; and the said subsequent board, chosen or elected
as herein provided, shall meet within ten (10) days after
their election and take the oath and organize in accordance
with this section.
s;ated meetings § 5. That Said board may hold stated meetings at such
times and places in said district as they may appoint — four
SCHOOL DI8TKI0T8 — ESTABLISHED. 4 81
members of said board, at all meetings thereof, constituting
a quorum to do business — the president having a vote only
in case of a tie. That special meetings may be called at
any time by the president or any two members, by giving
one day's notice of the same: I^rovided, that i^ the presi-
dent of the board shall be absent from any such meetings
a temporary president may be appointed; and said board Ruiesforgov-
may pass and entorce such by laws, rules and regulations, ^™™^'^'^-
f>r their own government and for the government of the
clerk and treasurer, not inconsistent with this act, as they
may deem proper, and, by resolution, shall direct the jpay-
met)t of all moneys that shall come into the hands of the
treasurer; and no money shall be paid out of the treasury,
except in pursuance of such resolution and on the written
order of the president, counterfigned by the clerk.
§ 6. Ail school lands, school funds and other real and per- Apportionment
sonal estate, notes, bonds or obligations belonging to town-
ship number sixteen (16), of range number one (1) west of the
third principal meridian, in the county of Macon, and state
of Illinois, held or owned for school purposes by said town-
ship, shall be divided between the said Niantic Union
School District and the portion of the township without
the same, in the proportion and manner following, to-wit:
The school trustees ot said township shall, within thirty days , Appointment
aluer the taking enect of this act, appoint two commissioners, e^.
who are freeholders, one a residentof said district, the other
a resident of said township without said district, who, alter
being duly sworn to well and truly discharge their duties, Duties of.
shall ascertain the whole number of persons under the age
of twenty- one years residing in the whole of said district
and the whole number in said township without said dis-
trict and the whole number within said township, and,
thereupon, said tru&tees shall divide and apportion said
funds, real and personal estate, notes, bonds and obliga-
tions of said township between the said district and the
balance of said township without said district, in the pro-
portion of the whole number of persons under twenty-one
years of age in each shall bear to the whole number of said
township. Said trustees shall have power to supply any
vacancies occurring among said commissioners, and com-
pensate them for such services in such amount as they
shall deem proper and right.
§ T. Said trustees or other person or persons having Trustees to pay
o 1 ,. ■ 1 ■ 1 11 II" "'*^- proportion
control or custody oi said lunds, property, bonds or obliga- of funds.
tions, shall, upon such^ divisions being made, pay over, as-
sign, transfer and deliver to the board of education of JS'i-
antic Union School District the portions of the funds and
other personal estate, notes, bonds and obligations to which
said school district maybe entitled, and execute and deliver
to said board of education the necessary deeds and other
conveyances for the share of real estate due said district un-
Vol. Ill— 61
482 SCHOOL DISTKICT8 — ESTABLISHED.
der such division, which funds and other personal and real
estate, notes, bonds and obligations shall be and remain un-
der the full and entire control and power of the said board
of education, for the use and benefit of said district, subject
only to the provisions of the general school law of this
state defining the powers and duties of school trustees.
AbBtract of the § 8. The board of education of such district is hereby
required to make out and cause to be made out and fur-
nished to the school superintendent of said Macon county
an abstract of the whole number of white children under
the age of twenty-one years, at the times and in the man-
ner required bylaw of other school officers under the gene-
ral school law of this state ; and said superintendent or other
proper officer shall pay to the treasurer of said district its
portion of the school, coU'^ge and seminary funds, of the
two mill tax, interest, fines and other moneys or special
taxes, distributed according to the laws in force for each ap-
portionment or distribution, treating such district for this
purpose the same as a township.
^^Es^a^wshment § 9. The Said board of education shall establish and
maintain a sufficient number of free schools for the educa-
tion 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 not less than six months nor more than
nine months in each year; and for the purpose of more suc-
cessfully accomplishing this end, the said board shall have
power :
Lease sites for First. — To rent, lease or purchase grounds and sites for
eeho.,1 hou.es. g^j^^^j buildings.
Erect building. iSecond. — To hire, purchase or erect, in accordance with
the provisions of this act, liouses and buildings to be used
for school purposes, and to keep the same in proper repair.
Furniture, etc. Third. — To fiirnish the schools in said district with all
the necessary fixtures, furniture and apparatus.
Pi imary schools J^ouvth. — To establish iu Said district as many primary
schools and those of higher grades as said board shall deem
proper ; to determine the branches or studies to be taught
in each department or grade, and to prescribe and enforce
rules and regulations for the admission of pupils into the
same, and for the promotion from one grade or department
to another, and also to determine the text books and other
articles to be used therein.
Teacherg. Fiftli. — To hire and appoint all the teachers of said
schools, establish rules resi)ecting their qualifications, and
how the same shall be determined; fix the amount of the
salary or compensation of each teacher, and may dismiss
any teacher at any time : Frovided., tliat nothing herein
contained shall be construed as to supersede the necessity
of every teacher first jirocuring a certificate from the county
SCHOOL DISTRICTS — ^ESTABLISHED. 483
superintendent of common schools, as is now required by
the general school law of this state.
Sixth. — To lay off and subdivide said district intoas many Divide district.
.subdivisions, for school purposes, as circumstances and the
interests of schools therein may be thougiit to require, and,
from time to time, to change the same or create new
ones.
Seventh. — To appoint three persons, whose duty it shall Examinations.
be to conduct all examinations of pupils for admission to
any department or grade of said schools or for promotion
therein, and to appoint other officers, committees or agents
as they shall deem best or most conducive to the interests
of said schools.
Eighth. — To have the power to suspend or expel pupils Exp*ipnpii».
for disobedient, refractory, incorrigibly bad conduct or for a
failure to comply with all the rules and regulations adopted
by said board for the government of said schools.
Ninth. — To have and possess all the rights, powers and Priviiegea.
authority necessary for the proper management of schools
and school funds and the carrying out the true spirit and
intent of this act, and that may be necessary to establish
and perfect a good and thorough system of public instruc-
tion in graded free schools in said district.
§ 10, The said board, in addition to the powers now Farther powers
given by law to school directors and the power herein
granted, shall possess all the powers and privileges of trus-
tees of townships, for school purposes, and shall be recog-
nized and regarded by the school superintendent, county
clerk and all other officers of this state as possessing all the
powers, privileges and rights of trustees of congressional
townships of this state, and are hereby I'equired to perform
for said district all the duties of such trustees as well ss
those of directors, not inconsistent with this act.
§ 11. It shall be the duty of the board of education. Money needed.
and they sliall have full power, to determine the amount of
money needed and to be raised for scho d purposes lor
each year, over and above the amount derived from the
school funds heretofore enumerated or from other sources,
and to levy the same annually on the taxable property of
the district, and have it collected in the same manner as
other school directors do, under the general school law ;
which levy or tax shall not in any one year exceed two per
centum of the assessed valuation of all property in said
district subject to taxation therein.
8 12. Said board may, also, at any time when they Board to raise
•^ , . 1 ■ nionev for sc&ool
may deem it necessary, borrow any sum or sums ot money, purposes.
for a time not exceeding one year and at a rate ot interest
not exceeding ten per centum, per annum, to be expended
for general school purposes, for purchasing school house
sites and for repairing and improving school buildings : Pro-
vided^ that the total amount of moneys so borrowed and
4Si SCHOOL DI8TEICT8 — ESTABLISHED.
unpaid at any one time shall not exceed one per centnm of
the assessed valuation of the real and pensonal property sub-
ject to taxation in said district.
QupBtion sub- § 13. That whenever said board of education shall deem
o^'eiectors/"'^ i^ necessary to purchase or erect a school house or school
houses and other necessary buildings for the said district,
they shall call a meeting of the legal voters in said district,
• by giving at least ten (10) days' notice of the time and place
and object of said meeting, by posting up or causing to be
posted up at least three written or printed notices in three
• Erect buUding. of the most public plaoes in said district; and the president
of said board or in his absence one of the other members
shall act as chairman of said meeting, and, after appointing
one some of their number clerk, may determine by a ma-
jority vote, upon the erection of a school house or houses
and other buildings and the amount of money to be raised
for that purpose and the time or times when the same shall
be paid ; which moneys, so voted, shall be levied by said
board and collected from year to year in such amounts each
year as shall have been determined by said meeting, the same
as other taxes are collected for school purposes: Provided^
that said levy shall not exceed for any one year three per
centum of the assessed value of the taxable property of said
district ; and the said board of education, for the purpose of
raising the money so voted, may issue bonds, which shall
be executed by the president and clerk, in sums of not less
than one hundred dollars each, bearing interest not exceed-
ing ten per centum, per annum, and running for such
times as may be necessary.
Admission of § 14. All persous over the age of six (0) years and un-
piipiis. ^^^ ^^^ gg^ ^^ twenty-one (21) years shall be admitted into
said school free : Provided^ said board may, at their option,
have power to charge and collect a reasonable tuition fee
from each pupil that pursues the study of any other lan-
guage therein than the English or German. And said
board shall have power to admit persons who do not reside
in said district or who are over twenty-one years of age into
said schools, upon such terms as they may deem proper ;
but nothing herein contained shall be so constrtied as to
prevent persons from being suspended, expelled or kept out
of such schools altogether, for the reasons hereinbefore
mentioned.
conipensfttioti. § 15. Neither the treasurer nor any member of the
board shall receive any compensation for his attendance fit
tiie meetings of the same nor for the performance of his or-
dinary duties, but for extiaordinary services reasonable
compensation may be allowed, the board to determine what
are extraordinary services and what is reasonable compen-
sation therefor.
Duties of clerk g 16. It shall be the duty of the president and clerk to
au pres) cu . ^.^^^ ^^jl papers and docuinents of said board, and the same
are declared legal and binding when so signed.
SCHOOL DI8TKI0T8 — ESTABLISHED. 485
§ IT. For any neglect or failure (except through sick- PenaUy ror
nets ot himself or family), by any member or treasurer ''^^''"^''""^'^''^'
of said board of educatioQ to fultil and perform the duties
required of or imposed upon him by any of the ])rovisiuiis
of this act, he shall be liable to a penalty of ten (10) dollars
for each default, to be recovered by an action of debt, at the
suit of any person who may complain, one-half of said tine
to go to the informer, the other half to be paid to the treas-
urer of said district.
§ 18. The treasurer shall, as often as required by the Dutiss of the
board, make due and full report to them, which report shall treasurer
be open to the inspection of any citizen of said district, of
the financial condition thereof, giving the amount of money
on hand and from what sources derived, the amounts paid
out since the last rej)ort and for what purposes, and such
other items as the said board or general school law may re-
quire.
§ 19. All prior acts and parts of acts inconsistent with ^ mcoEsjstent
,, '^ . . ^ r ^\ • i. 1 1 1 J acts repealed.
the provisions oi thi^ act are hereby repealed.
§ 20. This act is hereby declared to be a public act, and
shall be in force from and after the tirst day of April, in the
year of our Lord one thousand eight hundred and sixty-
nine (1869).
Appkoved March 25, 1869.
AN ACT to form and establish the Olney School District. In force Marcli
27. It;(i0.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That all gchooi^dfsuiets^
the territory within the limits of the city of Olney, accord-
ino: to its present and future corporate boundaries, in the
county of Richland, in the state aforesaid, and also includ-
ing the west half of section four (■!), in township three (3)
north, range ten (10) east, and the southwest quarter of
section twenty-six (l'6), the south half of section twenty-
seven (27), and the southeast quarter of section twenty-
eight (28), in townshi]^ four (4) north, range ten (10) east,
in the said county of Richland, is hereby made and consti-
tuted a permanent school district, to be known as the "Ol-
ney School District."
^ 2. That all school lands, school funds and other real 5?choni fund,
, ^ ^ , , , , ,. . , , . property, etc.,
or personal estate, notes, bonds or obligations belonging to diviaiouof.
township number three north, range ten east, and to town-
ship number four north, range ten east, in the said county
of Richland, held or owned for school purposes, shall be
divided between the said Olney School District and that
portion of each of said townships without the same, in the
486 SCHOOL DI8TKICTS— ESTABLISHED.
proportion and in the manner following: The county
Number of the superintendent of schools of said county, together with the
schuiars. townghip trustecs of each of said townships, shall, within
thirty days af^er the taking eHect of this act, ascertain the
whole number of persons under the age of twenty-one
years residing in each of said townships within said district
and the whole number in each of said townships without
said district, which numbers may be ascertained by refer-
ence to the papers and files in the office of said county
superintendent, as taken for the year 1868, or by enumera-
tion and actual count, as they the said superintendent and
trustees may agree, and shall thereupon divide and appor-
tion said funds, real and personal estate, notes, bonds and
obligations of said township between the said Olney School
District and the said township without the said district,
according to the numbers so ascertained to be in each.
Duties of the | 3. Said township trustees or other person or persons
having custody or control of said funds, real and personal
Pay to directors Qgjg^l-^^ j^Qj.Qg^ bouds and obligations, shall thereupon pay
over and deliver to the directors of said district that portion
thereof to which said district may be entitled under such
division.
Directors to § 4. The public schools of said district shall be under
.OS. ^^^ management and control of the present board of school
directors at Olney and their successors in office, who shall
he elected at the same time and in the same manner and
shall hold their office for the same time as is now provided
bj^ law for the election of school directors of this state :
l^rovided, that the present board of school directors at
(Jlney shall each hold his office as such director during the
time for which he was elected, and shall have and exercise
all the powers and duties created by this act.
Powers of the | 5. Said board shall have and exercise all the powers
and duties created and required by an act entitled "An
act to establish and maintain a system of 2:raded schools in
the city of Olney," approved March 9, 3 867; and in addi-
)i')n to the powers now given by law to school directors and
the powers herein granted, shall possess all the powers and
l^'ivileges of trustees of townships, for school purposes, and
shall be recognized and regarded by the county superin-
tendent, county clerk, tax collectors and all other officers
of this state as possessing all the powers, privileges and
rights of trustees of congressional townships of this state,
and are hereby required to perform for said district all the
duties of such trustees as well as those of directors, not in-
consistent with this act.
Appointment g H. Tlicy shall appoiut one of their number clerk, and
cferk!'^''""'"^"*^ ^hall appoint sonic person who may or may not be one of
their number, treasurer, or the}'' may appoint the same per-
son clerk and treasurer, who shall hold such offices during
the pleasure of the board. Before entering upon the duties
SCHOOL DI8TKICT8 — ESTABLISHED. 487
of his office, tlie treasurer shall give bond, payable to the
county superintendent, for the use of the people of the Gl-
uey JSchool District, in such sum, not lees than double the
amount which will probably be in his hands at any one
time, and with such security as may be approved by the
said county superintendent^ and to be kept by him, condi-
tioned for the faithful discharge of all his duties as such
treasurer.
^ 7. Such treasurer shall have the care and custody of costody of
such township or other funds belonging to said district and school tuuds.
as are required bj law to be loand at interest, for the use
of schools, and shall loan the same and collect the interest
thereon, according to law regulating the duties of town-
ship treasurers and the directions of said directors; and
shall receive from the county superintendent, county trea-
surer, collector or other officer or person, such proportion
of t!ie school, college aud seminary fund, the two mill taxes,
interest, tines and other moneys or special taxes, due or
distributed to said district according to the law in force f >r
such apportionment or distribution, who shall regard the
said Oiney School JDistrict, lor such purpose, the same as
a township and the said treasurer the same as a townshijj
treasurer ; he shall pay all teachers and other indebtedness indebtedness,
of said district, under the directions of said directors, and
shall be entitled to retain two per cent. -of all the money
paid out or loaned by him, as a compensation for his ser-
vices as such treasurer.
§ 8. The said board of directors shall make out and re- Annual state-
1 . , 11-1 meut.
port to the county snperintendent, annually, the total num-
ber of persons in said district under twenty-one years of
age and all such statistics and information, at the time and
in the manner required of other school officers under the
general school laws of this state.
§ 9. Neither the treasurer, clerk, nor any member of Compeufation.
the board shall receive any compensation for his attendance
at their meetings or for visiting the schools : Froxidtd^
that for extraordinary services reasonable compensation
may be allowed the clerk, the board to determine what are
extraordinary services aud what is reasonable compensation
therefor.
^ 10. All the acts of the school directors of district ]No. Acts of dhec-
. \ 1 1 c\\ • 1 . 1 , ,. ,1 tors legalized.
twelve (12), in townships three and tour north, range ten
east, in the said county of Kichland, and state of Illinois,
in lelation to schools, the building, repairing and furnishing
p. school house in said district, and keeping school therein,
and the levy of taxes therefor, and all the proceedings
thereunder, together with all the contracts and obligations
heretofore entered into, for school purposes, by the direc-
tors of said district, are hereby legalized and contirined
and made binding on the district created by this act. and
shall be enforced, paid and carded out by this board.
488 • SCHOOL DI8TEICTS — ESTABLISHED.
§ 11. This act shall take effect and be in force from and
after its passage.
Approved March 27, 1869.
Ix. force Apra AN ACT to establish and form the Paris Union School District.
15, 1S69.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly, That all
Boun-nanes of that district of country embraced within the following boun-
schooi district. ^.^j..^g^ ^^.^-^ . ^j^g ;^gg^ j^.^jj. ^1^ ^^. ^^^ southwest quarter
(J) of section thirtj-one (31), township fourteen (14) north,
range eleven (11) west, the south half {^) of section thirty-six
(30) and the southeast quarter (J) of section thirty-live (35),
township fourteen (14) north, range twelve (12) west, sec-
tions one (1) and two (2), the northeast quarter (J) of section
eleven (11), and the north half (|-) of section twelve (12),
township thirteen (13) north, range twelve (12) west, the
west half {^) of the northwest quarter (J) of section seven
(7) and the west half (|-) of the west half {^) of section six
(0), township thirteen (13) north, range eleven (11) west, in
the county of Edgar, and state of Illinois, is hereby made
and constitutied a permanent school district, by the name of
the " Paris Union School District," and that no territory
shall ever be taken therefrom, except by act of the legisla-
ture of this state.
Control of all § 2. That the public schools of said district shall be un-
common schools ^jgj. ^|jg exclusive management and control of six persons,
to be elected and qualitied as hereinafter specitied, and
Name and style, knowii as "The Board of Education of Paris Union School
District," which board of education and their successors in
Corporate pow- ohlce shall be a body corporate and politic, by the name and
style aforesaid, and may have a common seal and change
the same at pleasure, and, as such board, may contract and
be contracted with, sue and be sued, plead and be implead-
ed, in any court of law or equity in this state, and, as such
board and in such name, shall be the legal successors of the
trustees of schools and school directors in the territory em-
braced herein, and shall be and are hereby invested, in
their corporate capacity, with the title, caie, custody, and
control of all lands, lots, school houses and buildings, school
libraries and apparatus, and shall receive all moneys and
other property belonging or in any way accruing to Sii^d
district or to any part thereof, ibr the use and benefit of
public schools therein, with full power to use and control
the same in such nuinner as they may think will best pro-
mote the interests of public schools and the cause of free
education, not inconsistent with this act; and said board
SCHOOL DISTRICTS ESTABLISHED. 489
shall, also, be capable of receiving any gift, grant, bequest
or devise of rea] estate, personal property or money, made
for the use or benefit of public schools iu said district; and
ail moneys accruing to said district for school purposes uii-
' der any law of this state siiall be paid over to the treasurer
of said board of education.
§ 3. That for the purposes of organization, the follow ^jfj""^ of edu-
ing persons, viz: Henry Van Sellar, Obed Foote, A.J.
Miller, Levi C. Mann, Georue £. Levings and Samuel Gra-
ham, shall be and are hereby made and constituted a board
of education for said district, until the first Monday in June,
A. D. one thousand eight hundred and sixty-nine, at which
time the qualitied electors of said district shall, upon tlie
usual notice being given, elect six members of said board,
who, with their successors in office, shall compose and con-
stitute said board ' oi' education and first incorporators
under this act, two of whom sball serve for one year, two
for two years, and two for three years — the time that
each shall serve shall be designated on the ballots cast. And
annually thereafter, on the first Monday in June, as afore-
said, there shall be chosen, in the same manner, two members
of said board, each of whom shall serve for the period of
three years and until their successors are elected and quali-
fied. Such intermediate vacancies as may occur in said vr.canciee, how
filled.
board shall be tilled by the remaining acting members un-
til the next annual election, when such vacancy or vacan-
cies shall be filled by the electors of said district. Elections
held in pursuance of this section shall be conducted in the
manner prescribed by the general school laws of this state
for holding elections for school officers, three members of
said board acting as judges at such elections.
§ 4. That the first mentioned board, within ten days orgaDization.
after the taking effect of this act, shall meet, and after hav- oatuoicfflc
iug each taken the oath to properly and faithfully perform
the duties of members of said board and to support
the constitution of the United States and the state of Illi-
nois, organize, by appointing one of their number presi-
dent and another one of their number clerk and appoint-
ing some person not of their number, treasurer, but
who shall be a resident of the distr'ct. The said treasurer
shall hold his office during two years, but may be removed
at any time by the board, for good cause ; and every sub-
sequent board chosen or elected, as herein provided, shall
meet within ten days after their election and take the oath
and organize in accordance with this section.
§ 5. That said board shall hold one regular meeting iil stated meetiug
ever}^ month during the year, at such times and places in
said district as they may appoint — four members of said
board, at all meetings thereof, constituting a quorum to do
business — the president having a vote only in case of a tie.
That special meetings may be called at any time by the
Vol. Ill— 62
490 SCHOOL DISTRICTS — ESTABLISHED.
president or any two members, by giving one day's notice
of the time and place of the same: Pivvidtd, that if the
president of the board siiali be absent from any meeting
thereof a temporary president may be appointed; and said
board may pass and enforce such by-lawe, rules and regu-
lations for their own government and for the government
of the clerk and treasurer, not inconsistent with this act, as
they may deem proper, and, by resolution, shall direct the
payment of all moneys that shall come into the hands of
the treasurer ; and no money shall be paid out of the treas-
ury, except in pursuance of such resolution and on writteu
order of the president, counteisie-ned by the clerk.
Distribution o § 6. All school lands, school funrls, real estate and per-
scbooi property, g^^g^j property, Hotes, bonds and obligations belonging to
townships thirteen (lo) north, range eleven (ll) west, lour-
teen (14) north, range eleven (11) west, thirteen (13) north,
range twelve (12) west, and fourteen (14) north, range
twelve (12) west, in the county of Edgar, and state of Illi-
nois, held or owned for school purposes by said townships,
or either or any of them, shall be divided between the
said Paris Union School District and the portions of said
townships without said district, in the proportion and man-
commissioners ner following, to-wit : The school trustees of each of said
mids. *^^°'^'^°° townships shall, within sixty days after the taking effect of
this act, appoint two commissioners, who are freeholders,
one a resident of said district, the other a resident of said
township without said district, who, after being duly sworn
to well and truly discharge their duties, shall ascertain
the whole number of persons under twenty-one years
of age residing in that part of said district taken from
the township of which said commissioners are residents
and the whole number in said- township without said dis-
trict and the whole number within said township, and
thereupon the trustees of schools of each of the seveial
townships aforesaid shall divide and apportion said funds,
real estate, personal property, notes, bonds and obligations
of the said several townships between the said district and
the portions of said townships without said district, in the
proportion of the whole number of persons under twenty-
one years of age in that part of said district lying in any
one of said townships to the whole number of persons un-
der twenty -one years of ao[e in the Avholeof said ttiwnships :
Providtd, that such division of real estate and personal
property shall not include a division of the value of school
nouses, buihlings, grounds and furniture belonging to dis-
tricts from which no part of the said Paris Union School
District is taken. Said trustees shall have power to supply
any vacancy occurring among said commissioners, and
comuensate them for such services in such amount as they
shall deem projH'r and right.
Deliver imds. § ^' ^''■'*1 "trustccs or otlicr pefSOD or persons having
control or custody of such funds, property, bonds or obliga-
SCHOOL DISTEI0T8 — establishe;d. 491
tions, shal], upon such divisions being made, pay over, as-
sign, transfer and deliver to the board of education of Paris
Union School District the portions of the personal property,
notes, bonds and obligations to which said school district
may be entitled, and execute and deliver to said board of
education the necessary deeds and conveyances for the
shares of real estate due said district under such divisions;
which funds and other personal property, real estate, notes,
bonds and obligations shall be and remain under the full
and entire control and power of the said board of educa-
tion, for the use and benefit of said district, subject only to
the provisions of the general school laws of this state de-
fining the powers and duties of trustees of schools,
§ 8. The board of education of said district shall pre- g^j^j.^ ^^ j.p_
pare or cause to be prej^ared by the treasurer or clerk of po" .'o school
the board or other persons and furnished to the superin- ®"p^"°
tendent of schools of Edgar county [on] or before the first
Monday of October, annually, a report, containing the same
facts and statistics as are required to be embraced in the
repo: ts of township treasurers to the county superintendent
of schools by the general school laws of the state of Illinois;
and the said superintendent or other proper officer shall pay
to the treasurer of said district its proportion of the school,
college, and seminary fund, of the two mill tax, interest,
lines and other moneys or special taxes distributed accord-
ing to the laws in force, for each apportionment or distri-
bution, treating such district for this purpose the same as a
township.
§ 9. The said bc»ard of education shall establish and Free schools,
maintain a sufficient number of free schools for the educa-
tion 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 such
schools in operation not less than eight nor more than ten
months in each year; and, for the purpose of more success-
fully accomplishing this end, said board shall have power:
2' ii'st — To rent, lease or purchase grounds and sites for Grounds.,
school building's.
Second — To hire, purchase or erect, in accordance with Erect houses,
the provisions of this act, houses and buildings for school
purposes, and to keep the same in proper repair.
Third. — To furnish the schools in said diotriet with all Furriture, etc.
the necessary fixtures, furniture and apparatus.
T^ourth. — To establish in said district as many primary Primary schools
schools and those of higher grades as said board shall deem
proper ; to determine the branches or studies to be taught
in each department or grade, and to prescribe and enforce
rules and regulations for the admission of pupds into tlie
same, and for the promotion from one grade or department
to another, and also to determine the text books to be used
therein.
492
SCHOCL DISTKICTS ESTABLISHED.
Teactiers.
Divide districts.
ExaminatioiiP.
Fifth. — To hire and appoint all the teachers of said
schools, establish rules respecting their qnalitications, and
how the same shall be determined, iix the amount of the
salary or compensation of each teacher, and may dismiss
any teacher at any time for good cause : Provided, that
nothing herein contained shall be so construed as to super-
sede the necessity of every teacher first procuring a certi-
ficate from the county superintendent of schools, as is now
required by the general school laws of this state.
Sixth. — To lay off and sub-di\dde said district into as
many sub-divisions, for school purposes, as circumstances
and the interest of schools therein may seem to require, and
from time to time to change the same or create new ones.
Seventh. — To appoint three persons, whose duty shall be
to conduct all examinations of pupils for admission to any
department or grade of said schools or for promotion there-
in, and to appoint other oflicers, committees or agents, as
they shall deem best or most conducive to the interests of
said schools,
Erpnision. Eighth. — To suspend or expel pupils for disobedient,
refractory, or incorrigibly bad conduct or for a failure to
comply with all the rules and regulations adopted by the
board for the government of said schools.
Management. Ninth. — To enforce and exercise all rightful authority
necessary for the proper management of schools and school
funds and the carrying out of the true spirit and intent of
this act and that may be necessary to establish and perfect
a good and thorough system of graded free schools in said
district.
Special powers. § 10. The Said board, in addition to the powers now
given by law to school directors and the powers herein
granted, shall possess all the powers and privileges of trus-
tees of townships, for school purposes, and shall be recog-
nized and regarded by the cumty superintendent of schools,
county clerk and all other officers of this state as possessing
all the powers, privileges and rights of trustees of congress-
ional townships of this state, and are hereby required to
perform for said district all the duties of such trustees as
AVoU as those of directors, not inconsistent with this act.
Money needed. § H. It shall be the duty of the board of education,
and they shall have full power, to determine the amount of
money needed and to be levied and raised for school pur-
poses for each year, over and above the amount derived
fiomthe school funds heretofore enumerated or from other
K:iurcos, and to levy tlie &ame, annually, upon the taxahle
ji.'operty of said district, and have it collected in the same
maimer as other taxes are collected; which levy or tax
sh;i!l not in any one year exceed two per centum of the as-
sessed valuation of all the property in said district subject
to taxation therein.
SCHOOL DISTRICTS — ESTABLISHED. 493
§ 12. Said board may, also, at any time when they may May borrow
deem it necessary, borrow any sum or sums of money, for '"""''y-
a time not exceeding one year, and at a rate of interest not
exceeding ten per centum, per annum, to be expended for
general school purposes, for purchasing school house sites
and fur repairing and improving scliuol buildings : Provi-
ded, that tiie total amount so borrowed and unpaid at any
one time sliall not exceed one per centum of the assessed
valuation of the taxable property of said district.
§ 13. That when said board shall deem it necessary to Question sub-
purchase or erect a school house or school houses or other ™*[gj.^ '■'' ''^°*'
necessary buildings, for the use of said district, they shall
call a meeting of the legal voters of said district, by giving
at least ten days' notice of the time and place and object of
said meeting, by posting up or causing to be posted up at
least three written or printed notices in three of the most
public places in said district ; and the president of said board,
or in his absence one of the other ujembers, shall act as
chairman of said meeting, and after appointing some one
of their number clerk, may determine, by a majoi ity vote. Houses,
upon the erection of a school house or school houses or
other buildings and the amount of money to be raised for
that purpose — said voting to be by ballot, and to be con-
ducted in the same manner that other school elections arc
conducted; which money, so voted, shall be levied by said
board in such auiounts each year as the board shall deem Levy and
best, and shall be collected in the same manner as other
taxes for school purposes are collected : Provided, that said
levy shall not exceed for any one year three per centum of
the assessed value of the taxable property of said district;
and the said board of education, for the purpose of raising
the money so voted, may issue bonds, which shall be exe-
cuted by the president and clerk, in sums of not less than
one hundred dollars each, bearing interest not exceeding
ten per centum, per annum, and running for such times as
said board may deem necessary — such times to be stated in
the bonds so issued : Provided, farther, that such time
shall not exceed five years.
§ 1-4. All persons over the age of six years and under Pupils admitted
the age of twentj^-one years, residing in said district, shall
be admitted into said schools free : Provided, said board
may, at their option, have power to charge and collect a
reasonal)le tuition tee from each pupil who pursues the
study of any other language therein than the English or
German ; and said board shall have power to admit per-
sons who do not reside in said distiict or who are over
twenty-one years of age into such schools, upon such
terms as they may deem proper ; but iK)thing herein con-
tained shall be so construed as to prevent persons from be-
ing suspended, expelled or kept out of said schools alto-
iieiher. for reasons hereinafter mentioned.
494 SCHOOL DISTRICTS — ESTABLISHED.
Signature. § 15. It shall be the duty of the president and clerk to
sigu all papers and docaaieuts of said board, and the same
are hereby declared legal and biudiiig. wheu so signed.
Bond and pocn- g 16. The treasurer appointed by the said board of ed-
ucation shall, before entering upon the duties of his office,
execute a bond, with two or more freeholders, who shall
not be members of the board, as securities, payable to
the board of education of Paris Uuion School District, with
a sufficient penalty to cover all liabilities which may be
incurred, conditioned faithfully to perform all the duties of
treasurer of said board according to law, Si,id bond to be
approved b}^ a majority of the board, and to be delivered
by a member of the board to the county superintendent of
schools of Edgar county. The penalty of said treasurer's
bond shall be twice the amount of all moneys, notes, bonds,
mortgages and effects liable to pass through his hands, or
be in nis custoay during any one year ; and said bond
shall be in the toim prescribed for township treasurers' bond
by the general school laws of this state.
tie^s^'er.°^ ^^^ § 1^- ^^ sliall be the duty of the treasurer of said board
to loan that part of the funds belonging to said district de-
rived from tiie township funds and denominated principal,
in the manner and subject to the conditions prescribed by
the general school laws of this state for the government of
township treasurers in the loaning of township funds ; and
no part of said principal shall ever be apportioned or paid
out in any manner that shall cause a decrease or diminu-
compensation tiou of the aniouut of the same. Said treasurer shall be
of treiiBurer. m j ^ . • ■ • n ^ i
allowed to retain a commission or one per centum, and no
more, on all funds paid out or loaned by him, for the bene-
fit of said district; he shall deliver to his successor in office
all books, moneys, papers and other property appertaining
to said office, when ordered so to do by the said board of
education.
Nocompeusa- g IS. Neither the treasurer nor an}^ member of the
board shall receive any compensation for his attendance at
the meetings of the same, nor for the performance of the
(-rdiuary duties of members of said board, but for extraor-
dinaiy services a reasonable compensation may be allowed,
I he board to determine what are extraordinary services
and wliat is a reasonable compensation therefor.
Kepj^rtofthe g l<j. Thc treasurer shall, as often as required by the
board, make due and full report to them — which report
shall be open to the inspection of any citizen of said dis-
trict— of the Hnancial condition thereof, giving the amount
of money on hand and from what sources derived, the
jimouiits paid out since the last report and for wliat pur-
poses, and such otlier items as the said board or the gen-
eral school laws of this state may require.
i^?H'T f"'" § 20. For any neglect or failure, (except through sick-
neglect ol duty. " , . i,. ,■ -i \ , i ^ "^ °
iiess to himseli or lamily) by the treasurer or any mem-
SCHOOL DISTRICTS — ESTABLISHED. 4 05
ber of the board to fiiltill and perform all the duties re-
quired vi' [or] imposed upf>n him by any of the provisions
of tiiis act, he shell! be liable to a penalty often dollars for
each default, to be recovered by an action of debt, at the
suit ot any person who may complain, one half ot said line
to go to ttie informer, and the other half to be paid into
the treasury of said district.
§ 21. The present directors of the districts from which Directors.
territory is taken tor the formation of the Paris Union
School District shall be directors of said districts from the
taking effect of this act until the proper organization of
said board of education is effected thereunder.
§ 22. This act is hereby declared to be a puiDlic act,
and sliall take effect and be in force from and after the fif-
teenth day of April, in the year of our Lord, one thousand
eiglit hundred and sixty-nine.
Apkkoved March 20, 18t>(,».
AN ACT to establish school districts in the city of Pekin, in Tazewell In force March
county. ^^' ^'''*^-
Section 1. Be it enacted hy the People of the SState of
Illinois, rejjresented in the General Assembly, That all the Boundaiies.
territory within the limits of the city of Pekin, Tazewell
county, Illinois, according to its present or future bounda-
ries, is hereby erected into a common school district, to be
known as "The Pekin School District."
§ 2. All school lands, school funds, and other real Oi- school fuu^jg
personal estate, notes, bonds or obligations, belono-iuo' to nud lauds lobe
. . ^» *— ^*^. divided
township number twenty-five, rauii;e five, and township
number twenty-four, range five west, of the third principal
meridian, Tazewell county, Illinois, held or owned tor
school purposes, [shall be divided] between the city of Pe-
kin and the portion of the township without the same, in
proportion and in maimer following: The school trustees commissioners
of said townships shall, witnin thirty days after the fii st gchooipropeny'!
election contemplated by this act, appoint three commis-
sioners, who are freeholders — one a resident of said city,
and the otheis, one from each of said townships without
the city — who, after being sworn to discharge their duties,
shall ascertain the whole number of white persons under
the age of twenty-one years, residing in the said city, and
in the townships without the city ; and thereupon the said
trustees shall divide and apportion said funds, real and per-
sonal estate, notes, bonds and obligaticni^ of said town-
ship:?, according to the number of white persons under the
age of twenty-one years residing in said township. Said
496 SCHOOL DISTRICTS — ESTABLISHED.
trustees shall have power to supply any vacancy occurring
among said commissioners.
Management. § 3. The public schools of Said district shall be under
the exclusive management and control of a board of school
inspectors, each of whom, with the treasurer and secretary
of said board, shall be sworn to discharge their duties with
fidelity.
Control school § 4. Said board shall have exclusive control over the
property. scliool lands, fuuds, and other means of said districts, for
school purposes, and shall have full power to do all acts
and things, in relation thereto, to promote the end herein
designed, and may sell and lease said lands, and other
lands and property which may have been or may hereafter
be donated, purchased or designed for school purposes in
said district, on such terms, for cash and credit, and at
such times, as they may deem proper.
Inspectors of ^ 5, There shall be elected in the city of Pekin, by
the qualified voters of said city, nine inspectors of schools ;
and from and after the tiist election, three shall be elected
annually, who shall hold their offices for three years,
and untd their successors shall be elected and qualified.
Election, time That [at] the first election for school inspectors, to be
andpiaceof. j^^^^ ^^ ^^^ ^^^j^,^ Monday of the month of April, nine in-
spectors shall be chosen, who, at their first meeting, shall
determine, by lot, which three of them shall hold their o&ices
for the respective terms of one, two and three years; and the
persons so elected, and their successors in office, are hereby
constituted a body corpoiate and politic, by the name and
Name and style. Style of "The JBoard of School Inspectors of the City of
Pekin ; " and thej' shall have a perj.'etual existence, and, by
said name, shall have power to sue and be sued, plead and
be impleaded, in all courts and places where judicial pro-
ceednigs are had ; may purchase, receive and hold real and
personal property within the limits of the city of Pekin ;
and, on the sale of any real estate, may, by resolution of said
board, to be entered on the minutes of their proceedings by
the secretary of the board, empower the president of the
Conveyance of board to Convey such real estate, by a good and sufficient
reaie.'*iate. deed, uiider his hand and private seal, k) the purchaser or
purchasers; and such deed, duly acknowledged by the presi-
dent of the board, making of the same as other deeds of
real estate are required to be by the laws of this state then
in force concerning conveyances by individuals, shall con-
vey real estate to and vest ail the title and interest of said
board of school inspectors therein in the grantee or grantees
in such deed mentioned, their heirs and assigns forever;
and the deed of conveyance executed by the president of
the said board, and duly acknowledged by him, shall be
prima facie evidence of his luiving been duly empowered
by the said board to make such conveyance. That all the
personal property and real estate heretofore conveyed, to be
SOirOOL DISTEICTS — ESTABLISHED. 497
held by said board of school inspectors, or by the trustees
of schools of townships twenty-four and twenty-five, ran<>-o
five west of the third principal meridian, for the use of any
school district in the city of Pckin, to be held and used or
leased or sold and conveyed in such manner as they shall
deem proper for school purposes.
§ G. The first election for such school inspectors shall 1)0 lusper tors, first
holden on the third Monday in the month of April, A.D. ^"'"°"
1869, and the third Monday of the month of April every
year thereafter. The meetings for such election shall be
notified and called, and the poll-book opened and kept, the
votes canvassed, and returns made, in the same manner as
meetings for the election of mayor or aldermen ; and that,
at the first election of nine school inspectors, and the an-
nual election of school inspectors, as aforesaid, thereafter, Notice of eiec-
the nine persons having the highest number of votes shall elected! ^^''^""^
be declared duly elected, and the city clerk, immediately
upon the result of the election being made known by the
proper returns, shall notify the several persons so elected
of their election. That all vacancies occurring in said
board, by death, removal or otherwise, as well as those oc-
casioned by the expiration of the term of office, shall be
filed at the annual election aforesaid; and that, if the an-
nual election provided for as aforesaid, in any year shall
not be notified and held at the time when by this act it
ought to have been, it shall be by the proper officer or offi-
cers notified, called, held and canvassed and returned some
other time thereafter ; and the persons so elected shall hold Term of office
their office as inspectors for the term for which they would
have held if they had been elected at the annual election
held for the usual time for that year.
§ 7. The board of school inspectors shall, within two orgauization.
days after tlie election, meet in some place in the said city.
The time and place of meeting may be notified, in writing,
by any two of the persons so elected. When convened the
board shall organize by electing one of their number pres-
ident, and appointing, by ballot, some competent person to
be secretary of the board, who may or may not be a mem-
ber of the board, as the board shall determine. The board
shall appoint a treasurer, and shall adopt some rule or
regulation fixing the mode for calling the future meetings
of the board. The secretary of the board shall keep Rscord of
a record of the proceedings, in a book to be pro- proceedings.
vided for that purpose, and shall do and per-
form such other duties in relation to the schools and
education in said city as shall be required of him by the
rules and regulations to be made and established by the
board. The secretary and treasurer shall hold their offices
for the term of three years and until their successors shall,
respectively, be appointed and qualified. The secretary
and treasurer shall be subject to removal for a good cause,
VoLIII— 63
408
SOnOOL DISTRICTS— ESTABLISHED.
Treasurer.
Bond and no-
cnrit.y.
Financial state-
me)it.
by a majority of all the meiabers of the board ; and in
each of such removals the board shall appoint a competent
person to till the vacancy. The treasurer shall p;ive bond,
with good and sufficient security, to the city of Pekiu —
such bond to be approved by the board of inspectors — in
such sums as the board shall determine, but to be as nearly
as can be obtained in double the amount of all moneys
that will at any one time come into his hands, and condi-
tioned for the performance of his duty as such treasurer,
and, especially, faithfully to keep and from time to time
pay over all moneys that he shall receive as such treasurer,
as lie shall be directed by the board or required by law ;
and for any breach In any of the conditions of said bond,
a suit shall bo prosecuted for such breach or breaches
against the said treasurer, in the name of the city, under
the direction and supervision of the board ; and when
any money shall be collected thereon, it shall be paid over
as the board shall direct, to be used and appropriated as
other moneys in the treasury ; and if default was for the
non-payment or on account of the principal of the town-
ship school fund, it shall again become a part of the prin-
cipal of said fund. The treasurer shall keep a true and
accurate account of all moneys received and paid out by
him, for what purpose and upon what and whose accounts ;
but he shall pay out no money, except upon the order of
the board. For all moneys paid out lie shall take and file
with the papers of his office proper vouchors ; he shall
settle his accounts* with the board at least once in each
year and oftener if tne board shall so require.
§ 8. The treasurer and secretary shall be sworn to the
faithful performance of their duties.
§ 9. The board of inspectors shall have power :
First. — To erect, hire and purchase buildings suitable
for school houses and keep the same in repair.
Second. — To buy or lease sites for school houses and
necessary grounds.
Third. — To furnish schools with what tliey shall deem
necessary fixtures, furniture and apparatus.
Fourtli. — To establish, support and maintain public
schools for all the children of the city, and shall, anuuallj'^,
cause to be submitted to the voters of the city tlie question
of taxation for school purposes, in the manner hereinafter
provided.
coinneniaiion Fifth. — To fix tlic Compensation of teachers and cstab-
oitcacWa.ctc. iig|| yx\\gq respecting their qualifications and liow the same
shall be determined.
Books. Sixth. — To prescribe school books to bo used and studies
to bo taught in the difibrcnt schools,
/Seventh. — To lay o\X and divide the city into school dis-
Districte. tricts, and, from time to time, alter the same or create new
ones, as circumBtanccs may require.
Oath of office.
Bnlldlnofs.
Sites.
FiiriiUure , etc
80UOOL DISTRICTS — ESTABLISHED, 499
Eighth.— To establish schools of different grades, and Grades, etc.
such miles and regulations for the admission of pupils into
the same, having^-egard to the ages and qualillcations of
such pupils.
Ninth. — To appoint a board in each school district, of iiuies lor gov-
three persons, to bo denominated the district directors, and «rcmeut.
prescribe by established rules and regulations the powers
and duties of such directors.
Tenth. — To appoint such other otticers, committees or Appoint other
agents as they shall deem best and most conducive to the *^
well being of the schools and of school education in said
city.
Eleventh. — And, generally, to have and possess all Manngoment.
rights, powers and authority for the proper management of
the schools and funds belonging to the city, for school
purposes, with power to make all such rules, orders and
ordinances as may be necessary to carry their powers and
duties into effect and perfect a good system of public in-
struction and schools in said city.
§ 10. It shall be the duty of the board of inspectors to Aimuui report
make annual reports, in the month of November, setting ^^ i"«i'>ictors.
forth therein the number of public schools in the city, the
number of scholars in each school, the several branches of
education pursued in each, the expenditure of each school,
the compensation paid to teachers, the condition of the
school houses, from what source any funds have been re-
ceived for school purposes and what the condition of such
funds, and what are the accommodations furnished for the
pupils, and making any other statenient and suggestion
that they shall deem proper, to aid the cause of public
schools and of education in the city. Said report, or such
parts thereof as they shall judge best, to be published in
one or more newspapers published in said city.
§ 11. The treasurer appointed by the board shall, under Dutiec oi the
the direction of the board, demand and receive of the ofii- treasurer.
cor or officers having custody thereof, any interest or other
money from any school fund of the township or state, to
which the city, the schools or the teachers, who would be
entitled if this act had not been passed ; and the money
received from such funds shall go into the treasury of the
board of inspectors, and be used and expended under the
order and direction of the board for the support of schools
and school ]uirposes, in the same manner as other funds as
shall come into the treasury by taxation or otherwise.
g 12. No member of the board of inspectors shall re- Compensaiiom
ceive any compensation for his attendance of the meetings
of the board, nor for the ])crformance of their ordinary du-
ties, but for extraordinary service reasonable compensatioii.
may bo allowed. The said board of inspectors be author-^
ized to allow and pay to the secretary such salary or suck
other compensation for his services and attendsince on. salci
500
SCHOOL DISTRICTS — ESTABLISHED.
disbursing
Money uecded.
Jeffal voters.
board as said board shall deem proper. The treasurer shall
receive such compensation for receiving and
money as the board of inspectors shall prescribe
§ 13. In the month of November, in each year, and at
least three weeks before the annual election of mayor and
alderman, the board of inspectors shall determine the
amount of money which in their opinion will be necessary
for the support of public schools of the city the ensuing-
year besides what will be received from any school fund or
i'rom any source other than taxation ; and they shall pub-
lish in some one or more newspapers published in the city
a brief statement of the amount expended for school pur-
poses for the preceding year, and the amount which, in
their opinion, will be required to be raised by taxation for
the support of public schools the ensuing year, and also
give notice in the same publication that at the next election
Rubmitiad to for uiajor Or alderman the voters of tlie city vote for or
against levying a tax for the support of schools and for
school purposes ; and at such next election, the voters shall
vote for or against a school tax, by having the appropriate
word written or printed upon the ballots for city officers ;
and if it shall appear that a majority of all the voters vot-
ing on the question are in favor of such tax, then the
amount so reported by the board of inspectors shall be as-
sessed and collected the same as the city taxes, and, when
collected, shall be paid over by the collector to the treasurer
of the board ; but no greater amount than that fixed and
reported by the board shall be assessed and collected.
§ 14. No school in said city, or teacher or pupil thereof,
shall receive any part of any school funds belonging to the
state or township or any money raised by taxation that is
not a public school, as provided for by this act and estab-
lished and maintained under the authority and direction of
the board of inspectors.
§ 15. No teacher of any public school shall receive any
compensation for his or her services in teaching any public
school who shall not have received a certificate of his or her
qualifications from the board of inspectors or from such
other persons as the board shall authorize and empower to
examine teachers and give certificate of qualification.
§ IG. The several teachers of said public schools shall
keep a schedule of the pupils attending the schools and of
their attendance, etc., as is now required or may hereafter
bo required of teachers of schools by law ; and the said
board of inspectors shall make return or report to the state
superintendent of public schools on all such matters and
things as is or shall bo required by law and the direction
of such superintendent or any county or township officers,
and shall make such other report as township officers are
or may bo required to make by the law of this state.
No fiinelsto be
paid unaulhor-
ized gchool.
Quallflcatious
of teachers.
ScLodiile:? kept.
SCHOOL DISTKI0T8 — EbT^UiLISHED. 501
.§ IT. That for the purjDOse of onaWing the said board oitycouncuto
of iiispect(jrs to provide additional school buildings in the '®®'^® '^*'°'^^-
city of Pckin, the common council of said city are author-
ized to issue bonds of said city, from time to time, signed
by the mayor of said city and countersigned by the city
clerk, in such sums, not exceeding in all iifty thousand dol-
lars, and payable at such times, not exceeding twenty years
from their date, and such place or places, with semi-annual
coupons attached, as the said common council may deem
})roper. All of said bonds shall bear interest not exceeding
eight per cent, per annimi, payable semi-annually in the
city of Fekiu ; when any of said bonds or any part thereof
are issued, there is hereby levied annually in the city of Levy taxes.
Pekin, until such bonds are paid, a tax of two mills on
each dollar's worth of taxable property in said city, to be
applied, so far as may be necessary, to the payment of the
interest and principal of said bonds, as the same become
due and payable; and it is hereby made the duty of the
common council of said city, while said bonds are out-
standing, to cause to be extended, annually, on the col-
lector's book said tax of two mills on the dollar on all tax-
able pro])erty in said city, to be collected as other city taxes
in said city. Said tax, when collected, shall be paid into
the treasury and constitute a separate and distinct fund,
specially pledged to the payment of the interest and the Payment of in.
principal of said bonds as the same become duo ; and the ^°'^^^^ ^° ^on^s^
surplus, if any, after providing for the payment of the said
interest and principal of such said bonds as shall fall due
before the collection of the next annual tax, shall be paid
over annually by the city treasurer, to the treasurer of the
board of school inspectors of said city, to be applied by
them like other money in the treasury of said board, for
school purposes, in said city : Providing, hovjever, that
said common council may direct to be retained in the city
treasury, from said surplus, any amount which may have
been expended during the year in purchasing up of any of
said bonds not then due.
§ IS. That the common council of the city of Pekin couucii to pm-
shall provide, by ordinance, for the issuing of said bonds i^is'lfe of bouds!*^
and the delivery of them to the board of school inspectors
of said city ; and the proceeds thereof shall be by said
board applied exclusively to the purpose of building, re-
pairing and enlarging and furnishing school houses and
providing sites therefor in said city.
§ 10. The common council of the city of Pekin Dut:cs of the
shall, on or before the first day of September, in each year, '^°''""^-
while any of said bonds are outstanding, determine, by
resolution, to be entered on their minutes, the amount
arising of the said two mill tax which shall be retained in
the city treasury to pay interest and apply to the liquida-
tion of the principal of said bonds for that year ; and the
502 SCHOOL DISTRICTS — ESTABLISHED.
clerk ot said council shall, within five days thereafter, cer-
tify the same to the board of school inspectors of said city,
together with an estimate of the probable amount of said
tax for said year, and what sums will remain after paying
cost of collection and deducting the amount retained by
the city as aforesaid, to be paid into the treasury of said
board for school purposes.
Duties of the § 20. That the school commissioner of Tazewell county
commissiouers. j^^ ^j^j |g iigpQJ^y authorized, upon the receipt of the audi-
tor's warrant, to pay to the treasurer of the board of school
inspectors of the city of Fekin a sum which shall bear the
same proportion to the amount of the warrant that the
number of persons in the city of Pekin, under twenty-one
years of age, as described by the common school law, shall
bear to the whole number of persons under twenty-one
years in the above named Tazewell county ; and that said
commissioner, after the payment of the above stated sum,
proceed to make disposition of the remainder of said war-
rant as provided by law.
Colored scboois. § ^l- The board of inspectors may establish a school or
schools for the people of color in said city, on such a basis
and under such rules and restrictions as they shall deem
just and proper relative to the amount of taxes payed by
the colored population.
. § 22. Any acts of the general assembly now in force or
provisionB.^'^^ hereafter to be enacted, for creating and establishing a
state system of public schools, shall not be construed in
any manner to repeal, alter or change any of the provi-
sions of this act, unless such acts shall specially provide for
such repeal, alteration or change.
§ 23. This act is declared to be a public law, and shall
take eii'ect from and after its passage.
ArPKOVED March 11, ISGO.
^"adSe^d ^^')y ^^ ^^'^ ^'* iuooiponto llic Rushville Union School District,
legal voters
yEOTiON 1. Be it cnacled by the People of the State of
Illinois^ represented in the Genercd AssemUy^ That all the
Boimdariee, territory now included in school district number three, in
township two (2) north, range two (2) Avest, in the county of
Schuyler, and state of lUinios, being all of sections twenty-
live (25), and thirty-six (oG), in said township; also, all of
school district number eight (S), in townshii) tM'o (2) north,
of range one (1) west, in said county, and being the south
half of section nineteen (10), the south west quarter of sec-
tion twenty (20), the west half of section twenty-nine (29),
SCHOOL DlSTRld rS — ESTABLISHED. 503
and all of eoctions tliirty (30) and thirty-one (31), in said
township, be and the same is liercby established a common
union school district, to be known as "The liushville Union
School District."
§ 2. That such other territory may be added to and Addiiionoi ter-
IVom a part of such union school district as may be deemed "^ °^^'
advisable, by the consent and concurrence of the trustees
of schools for the township from which any such territory is
proposed to be taken, and the board of education hereinaf-
ter provided for said union school district, on the citation of
ft majority of the legal voters residing in or upo7i the terri-
tory proposed to be taken.
§ 3. The government, care and superintendence of the property rosted
schools within said district and of the funds and estate, both cati'or^ °^ ^'^"'
real and personal, i>elonging to or which may be hereafter
acquired by or conveyed to said union district, shall bo
vested in a board of education of said union school district.
§ 4. The following named persons, viz: William II. Ray, fizsi board.
Keese H. Griflith, Wheeler W. Wells, Elias D. Leach, and
Thomas Wilson, shall compose the iirst board of education
for said union school district, until their successors shall be
duly elected and qualified, as hereinafter provided. It
shall be tJie duty of said persons, or a majority of them, to
assemble at the court house in Rusliville, as soon as the
trustees of schools for said township two (2) north, range
one (I) west, and of township two (2) north, range two (2)
west, in said county of Schuyler, shall have agreed in uni-
ting said districts, as hereinafter provided for, and organize
as such board of education, by electing one of their number
president and one as clerk of said board. They shall ap- ,
point a treasurer of said union school district, and shall
have all the powers and be governed in all other respects
by the provisions of this act, so far as the same may be ap-
plicable. The said persons, or a majority of them, shall
have power to fill vacancies in their number, occasioned by
declination, disqualification, resignation, death or removal
from said union school district.
§ 5. The persons composing said board of education, Teim of office,
provided for in the fourth section of this act, shall hold their
ofiice as follows : two of them until the first Tuesday in .
June, 1S70, two until the first Tuesday in June, 1S71, and
the fifth until the first Tuesday of June, 1872. The respec-
tive terms of otiico of the members of said board, appointed
and provided for, as aforesaid, shall be determined by them
at their first meeting, by casting lots.
§ 6. On the first Tuesday of June, 1870, and the first Anmmi election-
Tuesday of June, annually thereafter, an election shall be
held to elect successors to the members whose terms of of-
fice are then expiring and to fill all vacancies, if any, oc-
curring in said board during the proceeding 3^ear. The per-
sons elected at such annual elections shall hold their oflices
5 04 SCHOOL DISTRICTS — ^ESTABLISHED.
for three years or until the expiration of the unexpired
terms wliich they have been elected to fill, as the case
may be.
. ^ i 7. The said board of education, or tho remaining mem-
V jic9.nciG8 now ^ cj
flued. ' bers thereof, shall have power to till, until the ensuing an-
nual election in said union school district, all vacancies in
said board, occasioned by death, resignation, disG[ualifica-
tioD, failure to elect or removal from said district, and to
fill, by appointment, vacancies among the ofhcers of said
board, occasioned by any of the causes aforesaid. The mem-
onth of office, bcrs of Said board and the treasurer appointed by them
shall, previous to entering upon their official duties, take an
oath, in addition to those prescribed by the constitution of
this state, faithfully and impartialh'- to discharge the duties
of their respective offices to the best of their abilities.
Notice of eiee- g g. Notice of sucli annual elections shall be given by
^ the clerk of said board, by posting written or printed no-
tices of the time, place and object of such elections, in three
of the most public places in said district, at least ten days
before such elections are held, or by publishing a similar
notice in some newspaper published in said district, by one
insertion, at least one week previous to said day of election.
Said election shall be held at the court house, in said town
of Eushville, and shall be by ballot. The president of said
board and two members thereof, to be elected by said board,
shall be judges, and the clerk of said board shall be clerk of
such elections ; but if any of said officers shall fail to attend
or refuse to act the electors assembled shall, viva voce, choose
uuiies of the three judges and a clerk of such election. A poll book shall
clerk. y-^Q kept by the clerk, registering the names of the voters ;
and the persons receiving the highest number of votes
shall be declared elected. In case of a tie in any election,
the judges of election shall decide the same, by casting lots
■Manner of vo- on the dav of election. Elections shall be opened at the
A^iwT^ eTec'Jioiii" 0^ tcii o'clock, A. M., and closed at five o'clock, P.M.
tione. The judges and clerk shall certify to the board of education
the names of the members so elected members of said board,
the term for which they were elected, and the number of
votes each person voted for received, and shall return their
certificate and said poll book to the said board within ten
days after such election.
Name ami ptyic. ^ 9. Said board of education is liereby created a body
corporate and politic, by the name of "The Board of Edu-
cation of Kushville IJnion School District ;" and, by that
name, may sue and be sued, plead and be impleaded, an-
swer and be answered unto, in all courts and places, con-
tract and be contracted with, and have perpetual succes-
sion, and a common seal, and the same alter or change at
pleasure. Said board may exercise, in furtherance of the
objects contemplated by this act, all the powers conferred
on school trustees of townships or board of directors of
SCHOOL DISTRICTS — ESTABLISHED, 505
school district by any law now in force or that may hereaf-
ter be enacted. Said board shall have power to receive and
hold, in their corporate name, all real or personal property
that may bo conveyed, given or devised to it, for said dis-
trict, and in their said corporate name to dispose of and
convey the same, for the benclit of said district. All con- ^^conveyance of
veyances of real estate made by said board shall be execu-
ted and acknowledged by the president of said board and
attested by the corporate seal, and by the signature of said
clerk : Provided^ that all such conveyances shall be author-
ized by a resolution of said board : And lyromded, fiirtlier ^
that ail sales and conveyances of school houses and build-
ings and grounds appurtenant thereto, shall be first deter-
mined by a majority of the votes cast by the electors of said
district, upon the submission of said board of the question
of such sale, at an annual election, due notice having been
first given, as provided in section eight of this act.
§ 10. Said board of education shall have the following
additional powers :
First. — It shall have power to establish, maintain and reg- schools,
ulate such school or schools, with the necessary depart-
ments, as in their judgment the interest of said district may
require.
Second. — To prescribe, by regulations, the qualifications QuaUflcations
for admission into said schools and their respective depart- ^rpupiis.
ments of persons residing in said district, tree of charge for
tuition therein, and also to provide for the admission into
the same of persons without said district, upon such terms
and payment for tuition as said board shall establish.
Third. — To have the custody and control of all school coutroi school
property within and belonging to said district. propeity.
Fourth. — To erect, hire or purchase buildings, suitable Buildings.
for the purposes of such schools and their necessary depart-
ments.
Fifth. — To buy or lease sites for such schools and their sites.
departments, with the necessary grounds therefor.
Sixth. — To purchase, lease, control, adorn and improve piay-gronnds.
play grounds or parks adjacent to such schools or their de-
partments.
Seventh. — To furnish said schools and their departments Fumifne, etc.
with all necessary fixtures, furniture, books, apparatus and
libraries, and to provide for the proper care, protection and
maintenance of the same.
Eighth. — To employ teachers, determine their duties and Teachers,
fix the comi)ensation to be allowed them, from time to time,
and at regular or special meeting of said board to dismiss
such teachers, or any of them, for gross immorality, incom-
petency or other adequate cause; and of the sufnciency of
any such causes said board of education shall be the sole
judges.
Vol. Ill— 64
506
SOflOOL DISTRIOTS— ESTABLISHED.
Agents, etc.
Buildivifr.?,
braries, etc.
Books. Ninth. — To direct what studies and branches of learning
shall be tauo-ht and what text books shall be used in said
schools and their several departments.
Grades, etc. Tenth. — To establish departments or grades in said schools,
and to make all necessary rules and regulations for the ad
mission and advancement of applicants and pupils, and for
the government of said schools and its departments ; to
suspend or expel pupils guilty of refractory, disobedient or
immoral conduct or possessed of or afflicted with any in-
fectious or contagious disease.
Eleventh. — To appoint agents and servants, to execute
any matter conducive to the interest of said school district,
consistent with this act, and for their services to pay them
such compensation as said board shall fix.
Twelfth. — For thej3urpose of building all the necessary
school buildings, and repairing the same, or making, from
time to time, additions thereto, and purchasing real estate
for such buildings, libraries, apparatus, and all other ob-
jects contemplated by this act, or for the payment of indebt-
edness contracted therefor, it shall be lawful for said board
to borrow money, at a rate of interest not exceeding ten
per cent, per annum, and to issue bonds therefor, in sums
of not less than one hundred dollars ; which bonds shall
be signed by the president and attested by the clerk and
seal of said board.
§ 11. Said board of education shall have full power,
and it shall be its duty, to determine the amount of money
needed to maintain said schools and their departments, and
to pay all expenses of said school district, of every descrip-
tion, for each school year, and to determine the amount of
money needed at any time, for the purpose of purchasing,
leasing or improving grounds for said school purposes, or
of purchasing, leasing, building, repairing, finishing, im-
proving or extending their said school buildings, or of pro-
curing furniture, libraries and apparatus, or of paying the
indebtedness of said school district, incurred for any of the
purposes aforesaid. Said board shall have full power and
authority to levy taxes upon all the taxable real and per-
sonal property in said district, for the purpose of raising
said amount so determined by it. Said board shall desig-
nate the amount of money required for the maintenance
and expenses of said schools and their departments for
each school year, as aforesaid, "school tax;" and the
amount required for any other of the purposes specified in
this section, said board shall designate "school house tax."
Kate of taxation It shall bo the duty of said board to ascertain, at any meet-
ing prior to the second Monday of September, annually,
the rate per cent, upon the assessed value of the real and
personal property in said union school district, for state and
other purposes fur that year, needed to be levied to raise
the amoimt of " school tax " determined upon, and what
Money needed.
Levy tax.
SCHOOL DISTRICTS — ESTABLISHED. 507
rate per cent, upon the same will l)e needed to be levied to
raise the amonnt of "school house tax" determined upon ;
which rate or rates shall be certified by the president and
attested by the clerk of said hoard, and returned to the
clerk of the county court of said Schuyler county, on or
before the second Monday of September, annually. The
certificate or certificates so made may be in the followino;
form, as near as may be : " The board of education of the certificate.
Kushville Union School District requires the rate of ... .
per cent, on the dollar to be levied on the taxable property
of said district for the year . . . . , for the purpose of *' school
tax," (or " school house tax," as the case may be.) Dated
this day of , 18.. A. B., president. Attest:
G. D., clerk."' It shall be the duty of the clerk of said connty''cie°rk ^''^
county court to extend the tax or taxes so certified to him
in one column, under the name of " union school tax," ac-
cording to said rate or rates, upon the books for that year
of the collectors of taxes for the said townships in which
the territory of said union school district may lie ; and the
said taxes shall be collected as other taxes are or may be
collected, and, when collected, shall be paid over, on de-
mand, to the treasurer of said union school district. The Payof cieik.
said county clerk and collector shall receive for their ser-
vices the same compensation as now is or may be provided
for extending and collecting district school taxes : Provided,
hoioever^ that the rate to be levied in any one year for
school tax shall not exceed three per cent, on the assessed
valuation of the taxable property of the said district, and
that the rate to be levied in any one year for school house
tax shall not exceed five per cent, on said valuation.
§ 12. Said board of education shall hold regular meet- stated meeUngs
ings once in each month, at such time and place as shall be
designated by the rules of said board. Said board shall
make, from time to time, all needful rules and regulations
for its own government and that of all officers, teachers and
agents elected or appointed by said board, and for the cue-
tody, control, care and management of the school fund and
property belonging at any time to said district.
§ 13. Said board shall, annually, at its stated meeting Liectiou of
in July, elect a president and clerk, both of whom shall be
members of said board, and who shall hold their offices
for one year. Said board shall, also, at said meeting, ap-
point a treasurer of said union school district, who shall
not be a member of said board, and who shall hold his
office during the pleasure of said board. The president
shall preside at all meetings, and perform all other duties
required by the rules of said board. The clerk shall record ceedhTgs! °^^'°"
the proceedings of all meetings, the result of all elections
held under this act, and the rules and regulations of said
board. The said record shall be signed by the president
and attested by the clerk, and the same, or certified copies
508 SCHOOL DISTRICTS — ESTAJBLISHED.
thereof, under the hand of said clerk and the seal of said
hoard, shall be prima facie evidence of the proceedings of
said board, in all courts and places. Said board may ad-
journ from time to time, and the president or any two mem-
bers thereof may call special meetings, at such times and
in such manner as the rules of said [board] shall provide.
Three members of said board shall constitute a quorum for
the transaction of business ; and in the absence ot the presi-
dent or clerk, the board may [appoint] a president or clerk,
ffo tem.
Rules for gov- R 14. gojd board of education may make such rules
concerning the duties ol the treasurer and the disposition
of the funds -and other property in his custody, as are not
inconsistent with this act
Treasurer. § 15. The treasurer of said union school district shall
Bond and seen- execute, withiu ten days from his appointment, a bond,
ciinty required. ^{i\^ ^^f^ qj. more good and sufficient securities, to be ap-
proved by said board; which bond shall be filed and
recorded by the clerk, shall be made payable to said board,
in a penalty to be fixed by said board, and conditioned that
he will safely keep, and from time to time pay over, upon
the order of said board, all moneys and efi'ects which shall
come into his hands or under his control as such treasurer,
and will deliver over to his successor in office all books,
papers, securities, property and moneys remaining in his
hands and belonging to said district, and will faithfully
discharge the duties of his office according to law, and the
rules made by said board, from time to time, not inconsist-
ent therewith. It shall be the duty of said treasurer to
receive and keep all moneys due and payable or belonging
to said district. He shall keep an accurate account of all
moneys received and paid out by him in a record to be kept
by him for that purpose, and shall pay out no moneys or
Further duties. Other cficcts cxccpt upoii the Order of said board. He shall
take and keep vouchers for all moneys paid out on such
orders, and shall receive, upon all moneys so paid out on
orders, a fee or percentage, to be fixed by said board, not
exceeding two per cent. He shall settle his accounts with
said board at tho August meeting, in each year, and shall
produce his books and papers to said board whenever re-
quired by them so to do. All orders on said treasurer shall
state for what purpose such order was issued, shall be signed
by the president, and attested and registered by the clerk
of said board.
Quaiiflcjitionof §16. No pcrsou shall be eligible to servo as a member
omceiioiders. of said board or to vote at any etection provided for in this
act or to act as judge or clerk of such election, unless he
shall be a resident of said district, and have the qualifica-
tions of an elector at township elections.
School fund, § 17. That tlie fund known as the common school fund
division of. ^j, ^o^jjgjjip ^^^Q (^2) north, of range [one] (1) west, and of
SCHOOL DISTRICTS — ESTABLISHED. 509
township two (2) north, of range two (2) west of the fourth
principal meridian, in said county of Schuyler, shall be,
and the same is hereby divided — a part thereof being set
apart and assigned, as liereinafter provided for, to the union
district known as the Kushville Union School District,
created by this act. and comprising a part of each of said
townships.
§ 18. The trustees of schools of said tov/uship men- Appointmentof
,. " T . ,, ,, . ,. 11 J 1 commissioners.
tioned in the loregomg section are hereby empowered and
directed, within sixty days from the passage of this act, to
appoint one of their number from each of said boards, who,
together with the county superintendent of said county of
Schuyler, shall constitute a board of commissioners, and
who shall, after being ■ first duly sworn to faithfully dis-
charge their duties as such, ascertain the whole number of
persons in each of said townships between the ages of six
and twenty-one years as well as the whole number of per-
sons between said ages in each of said school districts here-
by merged in said Rushville Union School District, and
shall make report of such facts to the boards of school trus-
tees in each of said townships ; aud thereupon said res-
pective boards of school trustees are empowered and here-
by directed to make a just and equitable division of the
common school fund or the choses in action, or evidences
thereof, as declared in section seventeen of this act, belong-
ing to their respective townships, between that portion of
eacn of said townships merged in and made part of said
Kushville Union School District and the remainder of
their respective townships, in proportion to the number of
persons between the ages aforesaid so found and reported
as aforesaid by said commissioners and residing therein,
respectively ; and the school treasurers of said townships
are hereby directed, on demand made by the treasurer of
the said Kushville Union School District, to surrender and
pay over to him such portion of the common school fund of
his township as may be apportioned to and assigned by the
trustees of schools of said townships to said union school
district^ as hereinbefore provided for and directed.
§ 19. The said board of commissioners provided for in Dutjet of the
section eighteen of this act, are hereby authorized and di- commissioners,
rected, as soon as they are advised of the amounts of the
common school fund to which said Kushville Union School
District will be entitled under the apportionment aforesaid,
to assess and fix the value of all the real and personal school
property belonging to each of the school districts hereby
merged in said Kushville Union School District, including
the several amounts of common school fund apportioned,
as aforesaid ; and said commissioners shall ascertain how
much money it will require to be raised by either of said
districts to make the aggregate value of the common school
fund and real and personal school property of such district.
510 SCHOOL DISTRICTS — ESTABLISHED.
bear the same proportion to the aggregate value of the com-
mon school fund and real and personal school property of
the other district as the number of persons between the ages
aforesaid in the one district bears to the number of such
persons in the other of said districts.
Property con- § 20. The Said board of education is hereby made the
ofSicatiou^^'^ successors in office of the boards of school directors of the
two districts by this act merged into the said itushville
Union School District. All school buildings, property and
real estate belonging to either of the said districts so merged
are hereby vested in and conveyed to said board of educa-
tion of said Rushville Union School District and its suc-
cessors in office, in fee simple, for the purposes contempla-
ted by this act. It is hereby made the duty of the trns-
trees of schools for said townships two north, one west, and
two north, two west, aforesaid, as soon as this act shall take
effect, and be in force, to execute and deliver to said board
of education all conveyances necessary to perfect in said
board of education the title to all real estate now held in
trust by either of said boards of trustees for either of said
school districts.
Contracts. § 21. Said board of education shall have power and it
is hereby directed to ratify, assume, and carry out all con-
tracts and obligations of the said several boards of directors,
which said boards are under and by virtue of this act su-
perseded by said board of education.
Successors of ' § 22. Said board of education, so far as said Kushville
trustees. Uniou School District is concerned, shall be the successors
of the trustees of schools of said townships, and in all mat-
ters connected with the management of the schools in said
union district, and the care, custody, control and manage-
ment of the school funds and other school property, both
real and personal, which now does or may hereafter belong
to said union district. The said board of education shall
have the same powers which now are or which by any law
of this state may hereafter be vested in trustees of schools,
subject only to the provisions of the general school law of
this state defining the powers and duties of school trustees.
Further duties § 23. It is hereby made the duty of the board of direc-
of directors. ^^^.^ ^^ ^j^^|. ^^^ ^j- ^.^^^ school districts hereby merored in
said union district which shall be required by the assess-
ment and determination of the said board of commissioners
to raise, by taxation or otherwise, in their said district or
upon the taxable property thereof, an amount of money to
make the aggregate of their school money and school prop-
erty bear the proportion to the aggregate of school money
and school property in the other ot said districts, as provided
by section nineteen hereof, to submit the proposition of rais-
ing the amount determined upon by said commissioners to
the legal voters of the district to be taxed, on a day to be
fixed by said board of directors, on or before the first day of
SCHOOL DISTEIOTS — ESTABLISHED. 511
Aagust. 1869 ; and if a majority of those voting at said
election vote in favor of said proposition, then it shall be
the further duty of said board of directors to make their
certificate of levy for the amount necessary to be raised on
the taxable property of said district, in the manner and
form now required by the school law of this state for the
raisin<j: of money by taxation for common school purposes ;
and upon the tiling of such certificate of levy by said di-
rectors with the cferk of the county court of said county of
Schuyler, on or before the first day of September, A. D.
1869, or on the raising of said sum of money by said direc-
tors or by said district, on or before the said hrst day of ■
September, 1869, this act shall take efi'ect and be deemed
a public act, and shall thenceforth be in full force ; but if submitted to
the legal voters at such election should reject said proposi- ^°^ ^° ^^^'
tion, or said district should fail to raise the said sum of
money on or before the first day of September, A. D.
1869, then this act to be null and void.
§ 24. Said board of education, for the purpose of build- sikui not bor-
ing school houses and repairing, improving or adding to "^"^ ^^ ^^^'
the same, or purchasing school house sites, shall not have
power to borrow money or raise the same by taxa-
tion, when the amount to be paid annually on suchl oan
or to be raised annually by such taxation shall exceed
one per cent, of the value of the taxable property of said
union school district, unless they shall first have submitted
the proposition for such loan or levy to a vote of the tax
paying voters of said union district, at an election held as
herein required for other purposes, and obtained a majority
of the votes cast at such election in favor of such prop-
osition.
Approved March 30, 1869.
AN ACT to establish and form the Tuscola Union School District. I^n force Juue
1, ls63.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assemhly, That all that Boundaries,
district of country embraced in the following sections and
parts of sections, to-wit : The south half of section twenty-
one (::1), the south-west quarter of section twenty-two (22),
the south half of section twenty-six (26), the south half and
the north-west quarter of section twenty-seven (27), all of
section twenty-eight (28), the south-east quarter of the south-
east quarter of section thirty-two (32), all of sections thirty
three (33), tliirty-four (34), thirty -five (35) and thirty-six (36),
all of township sixteen (16) north, range eight (8) east, and
lots three (3) and four (1) of the north-east quarter and lots
three (3) and four (1) of the northwest quarter of section
512 BOHOOL DISTEIOTS — ESTABLISHED.
one (1), lots three (3) and four (4), of the northeast quarter,
and lots three and four (4) of the northwest quarter of sec-
tion two (2), lots three (3) and four (4), of the northeast
quarter, and lots three (3) and four (4) of the northwest
quarter of section three (3), and lots three (3) and four (4),
of the northeast quarter of section four (4), of township fif-
teen (15) north, range eight (8) east, all in the county of
Douglas, and state of Illinois, is hereby made and consti-
tuted a permanent school district, by the name of "The
Tuscola Union School District," and that no territory shall
be ever taken therefrom, except by act of the legislature of
this state.
Management of § 2. That the public schools of Said district shall be
schools. xinder the exclusive management and control of six per-
sons, to be elected and qualified as hereinafter specified, and
known as "The Board of Education of Tuscola Union ^
School District ;" which board of education and their suc-
cessors in ofiice shall be a body corporate and politic, by
the name and style aforesaid ; and may have a common
seal, and change the ^ame at pleasure ; and, as such board,
may contract and be contracted with, sue and be sued,
plead and be impleaded, in any court of law or equity in
Corporate pow- this State ; and, as such board and in such name, shall be
^^^- the legal successors of the trustees of schools and school di-
rectors in the territory embraced herein, and shall be and
are hereby invested, in their corporate capacity, with the
title, care, custody and control of all lands, lots, school
houses and buildings, school libraries and apparatus, and
shall receive all moneys and other property belonging or in
any way accruing to said district or to any part thereof, for
the use" and benefit of public schools therein, with full power
to use and control the same in such manner as they may
think will best promote the interests of public schools and
the cause of free education, not inconsistent with this act ;
and said board shall, also, be capable of receiving any gift,
grant, bequest or devise of real estate, personal property or
money, made for the use or benefit of public schools in said
district; and all moneys accruing to said district for school
purposes under any law of this state shall be paid over to
the treasurer of said board of education.
Namcsof board. § 3. That, for tho purposcs of organization, the follow-
ino- persons, viz: Michael ]Noel, George P. xllmstead, John
Manu, John Ervin, Parker Elliott, and Andrew G. Wallace,
shall be and are hereby made and constituted a board of edu-
cation for said district, until the first Monday of August, in
the year of our Lord one thousand eight hundred and sixty-
nine, at which time the qualified electors of said district
shall, upon the usual notice being given in the case of the
election of school directors under the general law, elect six
(6) members of said board, who, with their successors in
ofiice, shall compose and constitute said board of education
SCHOOL DISTRICTS — ESTABLISHED. 5l8
and first incorporators under this act, two of whom shall
serve for one year, two for two years and two for three
years. The time that each shall serve shall he designated Term of office.
on the ballots cast at such election ; and annually there-
after tliere shall be chosen in the same manner two mem-
bers of said board, each of whom shall serve for the period
of three years and until their successors are elected and
qualified. Such intermediate vacancies as may occur in .vacancies,
said board shall be filled by the remainini^ acting members howfiiied.
until the next annual election, when such vacancy or vacan-
cies shall be filled by the electors of said district. Elec-
tions held in pursuance of this section shall be conducted in
the manner prescribed by the general school law of this
state for holding elections for school officers — three (3)
members of board acting as judges.
§ 4. That said first mentioned board, within ten days organization.
after the taking effect of this act, shall meet, and afrer hav- oathof office,
ing taken an oath to properly and faithfully perform the
duties as a member of such board of education and to sup-
port the constitution of the United States and of the state of
Illinois, organize, by appointing one of their number presi-
dent and one clerk, and appointing some person, not of
their number, treasurer, but who shall be a resident of the
district. The said treasurer, who may be appointed by the Treasurer,
first mentioned board, shall hold his office until the meeting
of the first elective board shall meet under this act and until
his successor shall be quahfied. Thereafter the treasure;
duly appointed by such board shall hold his office for two
years and until his successor shall be qualified, but may be
removed at any time by the board, for good cause ; and
every subsequent board, chosen or elected as herein provi-
ded, shall meet within ten days after their election and
take the oath and organize in accordance with this act.
§ 5. Said board may hold stated meetings, at such stated meetiaes
times and places in said district as they may appoint — four
members of said board at all such meetings constituting a
quorum to do business — the president having a vote only in
case of a tie. And special meetings may be called at any
time by the president or any two members, by giving one
day's notice of the time and place of such meeting : Pro-
vicled^ that if the president of the board shall be absent
from any meeting thereof a temporary president shall be
appointed ; and said board may pass and enforce such by-
laws, rules and regulations, for their own government and
the government of the clerk and treasurer, not inconsistent
with this act, as they may deem proper, and, by resolution,
shall direct the payment of all moneys that shall come into
the hands of the treasurer ; and no money shall be paid out
of the treasury, except in pursuance of such resolution and
on written order of the president, countersigned by the
clerk.
Vol. Ill— C5
51-i: • SCHOOL mSTKICTS — ESTABLISHED.
Division of § G. All scbool lands, school funds and other real or
au.s.ec. personal estate, notes, bonds or obligations belonging to
township fifteen (15) north, range eight (8) east, of the third
principal meridian, and township sixteen (16) north, range
eight (8) east, of the third principal meridian, in the county
of Douglas and state of Illinois, held or owned for school
purposes by said townships or either of them, shall be divi-
ded between the said Tuscola Union School District and the
portions of said township without said district, in the pro-
Appointment of portion and manner following, to-wit : The school trustees
commissioners, of cach of Said townships shall, within thirty days after the
taking effect of this act, appoint two commissioners, who
are freeholders, one a resident of said school and the other
a resident of the township without the district, who, after
being duly sworn to well and truly discharge their duties,
shall ascertain the whole number of persons under the age
of twenty-one years resident in that part of the said dis-
trict taken from the township of which such commissioners
are residents and the whole number of persons under
twenty-one years in such township without said district and
the whole number in such township, including such part of
the district as may be in such township; and thereupon said
trustees of schools of each of said townships, aforesaid,
be^app^'ortioned.'' ^^-^^^^ divide and apportion said funds, real estate, personal
property, notes, bonds and obligations of said townships
between the said district and the portions of each of said
townships without said district, in proportion to the whole
number cf persons under twenty-one years of age in that
part of said district lying in each township to the whole
number of persons under twenty-one years of age in the
whole of such townships : Provided, such division of real
estate and personal property shall not include a division of
the value of school houses, buildings, grounds and furniture
belonging to any district from which the said Tuscola Union
School [District] is taken. Said trustees shall have power
to supply any vacancy occurring among said commissioners,
and compensate them for such services in such amount as
misrioners*^"'"" ^^^^ ^^^^^ trustccs shall dcem proper and right. The report
of the commissioners shall report the number of persons so
ascertained to be within the townships and district, as herein-
before directed, to the said trustees within days from
their appointment,
TrnsieoB to pay § 7. Said trustces Or other person or persons having
control or custody of such funds, property, bonds or obliga-
tions &hall, upon such division being made, pay over, assign,
transfer and deliver to the board of education of Tuscola
Union School District the portions of the personal property,
notes, bonds and obligations to which such school may be
entitled, and execute and deliver to said board of education
the necesGary deeds and conveyances for the shares of real
estate due said district under such division ; which funds
SCHOOL DISTRICTS —ESTABLISHED. 515
and other personal property, real estate, notes, bonds and
obligations shall be and remain under the full and entire
control and power of said board of edacation, for the use
and benefit of said district, subject only to the provisions
of the general school laws of this state defining the pov/ers
and duties of trustees of schools.
§ 8. The board of education of said district shall pre- Report f the
pare or cause to be prepared by the treasurer or clerk of the ^^oard.
board, or other persons, and furnished to the superintend-
ent of schools of Douglas county, on or before the first
Monday of October, annually, a report, containing the
same facts and statistics as are required to be embraced in
the reports of township treasurers to the county superin-
tendent of schools by the general school laws of t!ie state
of Illinois ; and the said superintendent or other proper supeiinteudent.
officer shall pay to the treasurer of said district its propor-
tion of the school, college and seminary fund of the two
mill tax, interest, fines and other moneys or special taxes
distributed according to the laws in force for each appor-
tionment or distribution, treating such district for this pur-
pose the same as a township.
§ 9. The said board of education shall establish and Free echoois.
maintain a sufiicient number of free schools for the educa-
tion of every white 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 not less than eight months nor more
than ten mouths in each year ; and for the purpose of more
successfully accomplishing this end, the said board shall
have power —
First. — To rent, lease or purchase grounds and sites for May purchase
school buildings. ^^°^'" ^*
Second. — To hire, purchase or erect, in accordance with ^lect honses. '
provisions of this act, houses and buildings, to be used for
school purposes, and to keep the same in proper repair.
Third. — To furnish the schools in said district with all Furniture, etc.
the necessary furniture, fixtures and apparatus.
Fourth. — To establish in said district as many primary Primary schools,
schools and those of higher grades as said board shall deem
proper ; to determine the branches or studies to be taught
in each department or grade, and to prescribe and enforce
rules and regulations for the admission of pupils into the
same and for promotion from one grade and department to
another, and also to determine the text books to be used
therein.
Fifth.— To hire and appoint all the teachers of said , App;?!"*"" -°*
11 , 1 !• 1 1 ^ . -1 . ,.,. . 1 of teachers.
schools, establish rules respecting their qualifications and
how the same shall be determined, fix the amount of the
salary or compensation of each teacher, and may dismiss
any teacher at any time for incompetency, immorality or
other good cause : Provided^ that nothing herein contained
516 SCHOOL DISTEIOTS — ESTABLISHED.
shall be construed as to supersede the necessity of every
teacher first procuring a certificate from the county super-
intendent of county schools, as is now required by the gen-
eral school law of this state,
subdmsioasof SixtJi. — To lay off and sub-divide said district into as
aistfict . iT-'PiT • ,
many sub-divisions, tor school purposes, as circumstances
and the interests of schools therein may be thought to re-
quire, and from time to time to change the same or create
new ones.
Esamiuations. Seventh. — To appoint three persons, whose duty it shall
be to conduct all examinations of pupils for admission to
any department or grade of said schools or for promotion
therein, and to appoint other officers, committees or agents,
as they shall deem best or most conducive to the interests
of said schools.
Expel pupils. Eighth. — To have the power to suspend or expel pupils
for disobedient, refractory or incorrigibly bad conduct, or
for a failure to comply with the rules and regulations adop-
ted by said board for the government of said schools.
Management Ninth. — To have and possess all the rights, powers and
of public school authority necessary for the proper management of schools
and school funds and the carrying out the true spirit and
intent of this act and that may be necessary to establish and
perfect a good and thorough system of public instruction in
graded free schools in said district.
Government § 10. The Said board, in addition to the powers now
oreducation!'' given by law to school directors and the powers herein
gra,nted, shall possess all the powers and privileges of trus-
tees of townships for school purposes, and shall be recog-
nized and regarded by the county superintendent of schools,
county clerk and all other ofiicers of this state as possess-
ing all the powers, privileges and rights of trustees of con-
gressional townships of this state, and are hereby required
to perform for said district all the duties of such trustees as
well as those of directors, not inconsistent with this act.
Money needed. § 11. It shall be the duty of the board of education,
and they shall have full power, to determine the amount of
money needed and to be levied and raised for school pur-
])oses for each year, over and above the amount derived
from the school funds heretofore enumerated or from
other sources, and to levy the same, annually, upon the
taxable property of said district, and have it collected in the
same manner as other taxes are collected ; which levy or
tax shall not in any one year exceed two per centum of the
assessed valuation of all the |)roperty in said district sub-
ject to taxation therein.
May ' borrow § 12. Said board of education may, also, at any time
'"C'liey. when they may deem it necessary, borrow any sum or sums
of money, for a time not exceeding one year and at a rate
of interest not exceeding ten per centum, per annum, to be
expended for general sphool purposes, for pjirchasing school
SCHOOL DISTRICTS — ESTABLISHED. 517
house sites and for repairing and improving school build-
ings: Provided^ that the total amount so borrowed and
unpaid at any one time shall not exceed one per centum of
the assessed valuation of the taxable property of said
district.
§ 13. That when said board shall deem it necessary to Authority to
purchase or erect a school house or school houses or other tiwpeopV "^^"^
necessary buildings, for the use of said district, they shall
call a meeting of the legal voters of said district, by giving
at least ten days' notice of the time and place and object of
said meeting, by posting up or causing to be posted up at
least three written or printed notices, in three of the most
public places in said district ; and the president of said
board or in his absence one of the other members of said
board shall act as chairman of said meeting, and after ap-
pointing some one of their number clerk, may determine,
by a majority vote, upon the erection of a school house or
school houses or other buildings, and the amount of money
to be raised for that purpose — said voting to be by ballot,
and to be conducted in the same manner as other school
elections are conducted ; which moneys, so voted, shall be
levied by said board in such amounts each year as the
board shall deem best, and shall be collected in the same
manner as other taxes for school purposes are collected :
Provided^ that such levy shall not exceed for any one year
three per centum of the assessed value of the taxable prop-
erty of said district; and the said board of education, forieeue bonds.
the purpose of raising the money so voted, may issue bonds,
which shall be executed by the president and clerk of said
board, in sums of not less than one hundred dollars each,
bearing interest not exceeding ten per centum, per annum,
and running for such times as said board may deem neces-
sary—such time to be stated in the bonds issued : Provi-
ded^ further, that such time shall not exceed seven years.
§ 1^. Ail white persons over the age of six years and Pnpiis admitted
under the age of twenty-one years, residing in 6..id district,
shall be admitted into said schools free: Provided, said
board may, at their option, have power to charge and col-
lect a reasonable tuition fee from each pupil who pursues
the study of any other language in said schools than the
English language. And said board shall have power to Non-residents
admit persons who do not reside in said district or who are ^'^°""®'*-
over twenty-one years of age into such schools, upon such
terms as the board shall deem proper ; but nothing herein
contained shall be so construed as to prevent persons from
being suspended, expelled or kept out of said schools alto-
gether, for reasons hereinbefore mentioned.
§ 15. It shall be the duty of the president and clerk of reitden^bind^
the said board to sign all documents and other papers of inT" ^"
said board, and the same are hereby declared to be legal
and binding, when so signed.
518 gCHOOL DISTRICTS — ESTABLISHED.
Treasurer to § 16. Eacli treasurer appointed by the said board of
give bond. education shall, before entering upon the duties of his office,
execute a bond, with two or more freeholders, who shall
not be members of the board, as securities, payable to the
Board of Education of Tuscola Union School District, with
a sufficient penalty to cover all liabilities which may be in-
curred, conditioned faithfully to perform all the duties of
treasurer of said board according to law — said bond to be
approved by a majority of the board, at a regular meeting,
and to be delivered by a member of the board to the county
superintendent of schools of Douglas county. The penalty
of said treasurer's bond shall be twice the amount of all
moneys, notes, bonds, mortgages and effects liable to pass
through his hands as such treasurer or to be in his custody
or control during any one year ; and said bond shall be in
the form prescribed for township treasurer's bond by the
general school laws of this state.
tre^3u/e1- °^ ^^^ § ^^' ^^ ®^^^^^ ^^ ^^® ^^^^ '^^ ^^^ treasurer of said board
to loan that part of the funds belonging to said district de-
rived from the township funds, and denominated principal,
in the manner and subject to the conditions prescribed by
the general school laws of this state for the government of
township treasurers in the loaning of township funds; and
no part of said principal shall ever be apportioned or paid
out in any manner that shall cause a decrease or diminution
ccmpensation. of the amount of the same. Said treasurer shall be allowed
to retain a commission of one per centum, and no more, on
all funds paid out or loaned by him for the benefit of said
district. He shall deliver to his successor in office all
books, moneys, papers and other property appertaining to
said office, when ordered so to do by the said board of
education.
Nocmpensa § 18. Neither the treasurer nor any member of the
board shall receive any compensation for his attendance at
the meetings of the same, nor for the performance of the
ordinary duties of members of said board ; but for extraor-
dinary services a reasonable compensation maybe allowed,
the board to determine what are extraordinary services and
what is a reasonable compensation therefor : Provided,
that said board may allow the member of said board who
shall act as clerk a reasonable compensation for keeping the
records of said board — such compensation being not more
than one dollar for each necessary meeting of said board.
Full report of S 19. The treasurer shall, as often as required by the
board, make due and lull report to them — which report
shall be open to the inspection of any citizen of said dis-
trict— of the financial condition thereof, giving the amount
of money on hand and [from] what sources derived, the
amounts paid out since the last preceding report, to whom
paid, for what purposes, and such other items as the said
board or the general school laws of this state may require.
tiou.
treasurer.
SCHOOL DISTRICTS — MODIFIED. 519
§ 20. Said board of education shall keep a correct Eecord of pro-
record of all their proceedings, to be kept in the custody of '=^'"^'°s«-
the clerk, and, for that purpose, may purchase and pay for
the necessary books therefor. Said record shall be open to
the inspection of any member of the board or other citizen,
at any regular meeting of said board.
§ 21. For any neglect or failure (except through sick- Penalty fo,.
ness of himself or family or unavoidable absence) by the neglect of duty
treasurer or any member of the board to fulfill all the du-
ties required of or imposed upon him by any of the provig-
ions of this act, he shall be liable to a penalty often dollars
for each default, to be recovered in an action of debt, at the
suit of any citizen who may complain, one-half of said fine
to go to the informer and the other half to be paid into the
treasury of said district.
§ 22. The present directors of the districts from which
any territory is taken for the formation of the Tuscola Union to wmlSue"^'^'^
School District shall continue to be directors of said dis-
tricts, from the taking effect of this act until the proper
organization of said board of education is effected there-
under ; at wdiich time the offices of said directors shall be
vacated as to any part of said Tuscola Union School
District.
§ 23. This act shall be deemed a public act, and shall
take effect and be in force from and after the first day of
June, in the year of our Lord one thousand eight hundred
and sixty-nine.
Approved March 24, 1869.
SCHOOL DISTRICTS— MODIFIED.
AN ACT supplementary to an act entitled "An act to create a school dis- la force Aprl:
trict for the town of Bourbon, Douglas county, Illinois, to be known as 19,1869.
the Bourbon School District," approved March"26th, 1869.
Section 1. Be it enadecl by the People of the State of
Illinois, represented in the Creneral Asseriiblu, That the Election, time
.• i- 1 1 -!• 1 T . , 11 1 ;. 1 ,• and place or.
time lor holding the election tor the board oi education,
provided for in an act entitled "An act to create a school
district for the town of Bourbon, Douglas county, Illinois,
to be known as the Bcurbon School District," approved
March 26th, 1869, is hereby fixed for the first Monday of
June, A.D. 1860, instead of the first Tuesday of April, 1869,
as provided for in said act : Provided, that after the first
5^0 SCHOOL DISTRICTS — MODIFIEO.
election of said beard of education, as provided for in this
act, the annual elections to be held under the act to which
this is a supplement shall be held on the first Tuesday of
April of each year hereafter.
§ 2. This act shall be deemed a public act, and shall be
in force from and after its passage.
Approved April 19, 1869.
In force March AN ACT to amend an act entitled "An act to amend an act entitled 'an act
31, 18C9. for enlarging the Carthage School District,' " approved February 16, 1865.
Section 1. £e it enacted hy the People of the State of
Illinois^ represented in the General Assemhly, That all of
seo, 1 amendeci. section One of Said amendatory act, approved February 16,
1865, except the enacting clause, be and is hereby repealed,
and that section five of said original act, approved Febru-
ary 22, 1861, be and is hereby revived and re-enacted.
§ 2. This act shall be deemed a public act, and shall
be in force from and after its passage.
Approved March 31, 1869.
In force Maroh AN ACT to attach that part of range eleven (11) east, which lies in the
27, 18C9. county of Coles, to range ten (10) east, in said county, for school pur-
poses.
Preamble. WiiEKEAS, range elovcn (11) east, in the county of Coles,
is a fractional range, less than a mile in width ; and where-
as it is impracticable, inconvenient and expensive, to levy
taxes and conduct schools in said range ; therefore :
Section 1. Be it enacted hy the Feople of the State of
Illinois, represented in the General Assembly^ That so much
Extension of of fractional range eleven (11) east of the third principal
boundaries. meridian, as lies in Coles county, be and the same is here-
by attached to range ten (10) east of the third principal me-
ridian, for all school purposes.
§ 2. This act shall be deemed a public act, and shall
take effect and be in force from and after its passage.
Approved March 27, 1869.
SCHOOL DISTRICTS — MODIFIED. 531
AN ACT to incorporate a certain portion of the town of Golona with the in force March
rc3t of the said town, for school purposes. 3^. ^SB9.
Section 1. J3e it enacted by the People of the 8tata of
Illinois^ represented in the General Assembbj^ That that Boundaiies
portion of township number eighteen (18) north, of range ^ ""^^'*'
number one (1) oast of the fourth principal meridian, which
lies south of Kock river, and in the county of Henry, and
state of Illinois, be and the same hereby is attached to the
town of Coloiia, in the said county of Henry, and state of
Illinois, for all school purposes.
§ 2. This act shall take effect and be in force from and
after its passage.
AprKOVED March 31, 1869.
AN ACT to consolidate certain townships for school purposes, in the coun- la force March
tj of Cook. 29. 1089.
Section 1. Be it enacted hy the Peoiyle of the IState uf
Illinois^ represented in the' General Assembly, That town- oonsoiidation
ship number thirty-five (35) north, range fourteen (l-l) east
of the third (3) principal meridian, and. fractional township
number thirty-live (35) north, range fifteen (15) east of the
third principal meridian, all being situated in the county of
Cook, and state of Illinois, be and the same are hereby con-
solidated, and hereafter shall constitute one township, for
school purposes, which shall be known by the name of
"Bloom Township ;" and said township so constituted, as
aforesaid, shall succeed to all the rights, interests, credits,
liabilities and property of said several townships. The
school officers now acting for said township thirty-Uve (35)
north, range fourteen (li) cast of the third (3) principal me-
ridian, above mentioned, are hereby constituted and ap-
pointed officers for said consolidated townships, and they shall
hold their respective offices until their successors are elec-
ted and qualified, as provided by law.
§ 2. This act is hereby declared a public act, and shall
take efiect from and after its passage.
AprKOVED March 29, 1869.
school district.
AN ACT to change a certain school district therein named, in Coolc county, in force March
31, 1SG9.
Section 1. Be it enacted by tlie People of the State of
Illinois, represented in tlie General Assenibly, That sec- jurisdiction,
tion one (1) and the east half of section twelve (12), town-
Vol. III-66
522 SCHOOL DISTRICTS — MODIFIED,
ship forfcy-tvvo (42) north, range twelve (12), in Cook coun-
ty, be added to school district number one (1), in township
forty -two north, range thirteen (13) in said county, and that
the town of New Trier have jurisdiction over said added
territory, for school purposes, to the same extent it now has
for town purposes.
Divide fiiuds. § 2. That the trustees of schools of township forty-two
(•42), range 12, aforesaid, divide and pay over to the trustees
of schools of township forty-two (42), range 13, such ratable
proportion of the principal of the township funds as such
added territory bears in number of acres to the whole num-
ber of acres of land in said llrst mentioned township, and
all unexpended school taxes that have been collected or
levied upon such added land; and that the school commis-
sioner of Cook county, in all divisions of school money to
be made by them, observe the change herein made.
§ 3. This act shall take effect and be in force from and
afcer its passage.
ArPKOVED March 31, 1861).
In force Marcti AN ACT to amoiid au act entitled "An act to amend an act entitled 'an act
24,1869. ^^,y create a school district, in the town of Decatur, Illiuois, to be known
as the Decatur School District.'"
Section 1. J5e it enacted hy the People of the State
of Illinois, re'presentedin the General Assembly, That section
Sec. 2 amcaded. two (2) of an act entitled "An act to amend an act entitled 'an
act to create a school district in the town of Decatur, Illinois,"
approved February 27, 1867, be and the same is hereby so
amended that the board of education of said district, for the
purposes specified in said section, and to enable the said board
to meet loans already contracted by said board, under said sec-
tion, shall, in addition to the borrowing power invested in said
board by said section, have power to borrow not exceeding
one hundred thousand dollars, and to issue bonds therefor,
as provided in said section,
§ 2, This act to take effect and be in force from and af-
ter its passage.
Approved March 24, 1869.
SCHOOL DISTRICTS — MODIFIED. 623
AN A.CT to repeal an act entitled "An act to est:ibli?h the Grconbusli In force March
School District, in Warren county, Illinois." *fi 1809.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That an act Acu-epeaied.
entitled "An act to establish the Greenbush School District,
in Warren county, Illinois," approved February 25th, 1867,
bo and the same is hereby repealed, and the school district
and parts of districts of which said Greenbush School Dis-
trict was couijiosed shall be and the same are hereby re-
stored to the same condition as before the passage of the
act hereby repealed.
« 2. the repeal of said act shall not prevent said dis- ^ Not to affect
tricty by its present name, from suing and being sued, de-
fending and being defended, recovering or being liable, as
now provided by the general school law, for any judgments
legally obtained for or against said district on suits begun
within two years from the passage of this act ; and process
served on the directors of the districts from which said
Greenbush district was formed, shall be valid.
§ 3. This act shall be in force from and after its passage.
AvpROVED March 27, 1869.
powers.
AN ACT to amend an act entitled "An act to incorporate tlie Harristown In force Jane
School District." 19.1369.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That an act Act amended.
entitled "An act to incorporate the Harristown school dis-
trict," approved the 26th day of March, A.D. 1869, be and
the same is hereby amended, by striking out the 10th sec-
tion of said act, which is hereby repealed ; and the said act
shall not take effect, except as hereinafter prescribed.
^ 2. It is hereby made the duty of the school directors Acttobe snb-
o ^' . ■ . 1 •'p . ^ y. . . ,1 mitUed to legal
01 district number lour, m township sixteen north, range voters.
one east of the third principal meridian, in the county of
Macon, within the period of thirty days next after the ap-
proval of this act, to submit the question of the adoption of
said act to the qualified voters residing within the said
school district designated in said act, by giving twenty
days' notice of the time and place of holding an election,
and by opening and holding an election, for the purposes
aforesaid, at the usual place of holding school elections in
said district number four.
§ 3. No registration of voters shall be necessary in or- Regigtration of
der to their qualification to vote at such election ; and said ''*'''*""^"
524 SCHOOL DISTEICTS — MODIFIED.
election shall be conducted as other school elections under
the general school law, except as hereinafter prescribed.
Ballots. § 4. The officers of said election shall provide for use
thereat, ballots, to the number at least of thrice the num-
ber of legal voters residing within the limits of said district,
as fixediby said act. Upon one-half the number of said tick-
ets shall be printed the word "Adopted" and on the other
one-half the number of said tickets shall be printed the
word "Kejected."
Result certified. § 5. After Said election shall be closed, the ballots cast
thereat shall be counted, and the result certified by the of-
ficers of said election. One cop}' of said certificate shall be
filed by said ofiicers in the office of said directors and anoth-
er copy in the oflice of the secretary of state, within ten
days after said election.
When act to § 6. If a majority of the votes cast at said election shall
be certified, as aforesaid, to be for "Adoption," the said act
shall from thenceforth take effect and be administered as
the law ; but if a majority of the said votes so cast shall be
for "Rejection," the said act shall be regarded as a nullity
and of no efi'ect.
Prevention of § '^ • The provisious of the general election laws of this
frauds. gtate for the prevention of frauds and illegal voting at gen-
eral elections, sliall be held and deemed applicable to the
election herein provided for, and persons violating said
provisions at said election shall be liable and punishable
accordingly.
Ai'PKOVED April 19, 1869.
In force Maroli AN ACT to amend an act entitled "An act to define a school district therein
^^ ^^^'^- named," in force February 20, 18G7.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General As8e7nbly, That dis-
Act amended, trict number four (4), in township number four (4) south, of
range six (6) east, in the county of Hamilton, be and the
same is hereby altered and amended, so as to include sec-
tion number fifteen (15) and twenty-two (22), in said town-
ship, in the said school district. All prior acts or parts of
acts inconsistent witli this act are hereby repealed.
§ ?>. This act to take efi'ect and be in force from and
after its passage.
Approved March 13, 18G9.
SCHOOL DISTRICTS — MODIFIED. 525
AN ACT to amend an act entitled " An act to create the lUIopolis Scliool In force March
District." 8»' 1«69.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That the act Name and styic.
creating the Illiopolis School District, approved March the
7th, 1807, be amended, as follows : Illiopolis School Dis-
trict is hereby created a permanent school district, by the
name and style of the " Illiopolis School District ;" by
which name it shall be capable of suing and being sued,
contracting and holding property, both real and persona],
and have such other general powers as school directors or
school trustees may or shall have by law.
§ 2. The school land, school fund, and all other real or p.^Sfy"" ""^
personal estate of the four townships in which said district
is situated, shall be divided between said district and the
remaining portions of said townships, as follows, to-wit :
The trustees of schools of each of the following townships,
viz : Townships No. sixteen (16) and seventeen (17), range
one (1) west of the third principal meridian, and town-
ships No. sixteen (16) and seventeen (17), range two (2)
west of the third principal meridian, shall, within sixty
days after the passage of this act, appoint one commis-
sioner for their respective townships, and the school direct-
ors of Illiopolis school district shall also appoint one com-
missioner from said district, from each of said townships.
All of said commissioners shall be respectable freeholders,
one of whom shall reside within the Illiopolis school dis-
trict and the others in their several townships without said
district ; who, after being duly sworn well and truly to
perform their duties as such commissioners, shall ascertain
the amount of lands for each of said townships that is in-
cluded in the Illiopolis school district, and according to the
proportion the said amount bears to the whole of the lands
in said townships, they shall divide and apportion the
funds and real and personal estate belonging to such town-
ships between said Illiopolis school district and the remain-
der of such townships, and shall, as speedily as possible,
make a full return of their proceedings to the trustees of
their respective townships ; and the trustees and directors,
as aforesaid, shall have power to make new appointments,
from time to time, in case of neglect or refusal to act, or
for otlier good cause, till the provisions of this act are
complied with.
§ 3. The trustees of schools for said township sliall, PioporUon paid
immediately upon such division being reported to them,
pay over or cause to be paid over and deliver or cause to
be delivered to the directors of the Illiopolis school district
its proportion of the school fund and evidence of loans
and other personal estate, and shall convey to said district
526
SCHOOL DISTRICTS — MODIFIED.
Abstract of the
number of white
children.
Management.
Board of di-
rectorg.
Appointment of
president.
T^easure^.
CuBtody of
school funds.
Quorum to do
business.
its proportion of any and all real estate owned by said
townships, for the use of schools. But in such division the
real estate owned by districts or by the Illiopolis school
district, for school houses, shall not be taken into considera-
tion, but only township property.
§ 4. The directors of said Illiopolis school district are
hereby required to make out and furnish or cause to be
made out and furnished to the county superintendent of
schools of Sangamon county an abstract of the whole
number of children under the age of twenty-one years, at
the times and in the manner required by law of other
school officers under the general school laws of the state ;
and the county superintendent of schools or other proper
officers shall pay to the treasurer of said district its proper
proportion or share of the school, college and seminary
funds, of the two mill tax, interest, fines or other moneys
distributed according to the laws in force for each appor-
tionment or distribution, treating eaid Illiopolis school dis-
trict, for this purpose, the same as a township.
§ 5. The government of said school district shall bo
vested in a board of directors, who shall be elected in the
same manner and at the same times as other school direct-
ors. But the present board of directors of Illiopolis school
district shall be the board, under this act, until their suc-
cessors are elected and qualified, and whose acts as direct-
ors shall be binding on them and their successors in office
as directors.
§ 6. The directors shall have power to appoint a presi-
dent of the board, who shall be a director, and a treasurer,
who shall not be a director. The treasurer shall be, ex
officio^ clerk of the board, but before he enteis upon the
duties of his office as such treasurer, he shall execute to
the Illiopolis school district a bond, in at least double the
amount of the funds and property with which he ma}^ be
entrusted at any one time, conditioned as the bond of
township treasurer ; which bond shall be filed with the
county superintendent of schools of Sangamon county,
and the same shall be a lieu upon all the real estate of the
obligors thereto from the time the same shall be so filed.
The directors shall have power to require additional secur-
ity from the treasurer, at any time, and shall be personally
responsible for the solvency of the security taken upon his
bond.
§ 7. The treasurer shall have the custody and manage-
ment of the money, securities and property belonging to
said district, subject to the direction of the directors there-
of. He shall keep a record of all tlie proceedings of the
board of directors.
§ 8. The board of directors of said district or any two
of them, (who are hereby made a quorum to do business)
shall have power :
SCHOOL DISTRICTS — MODIFIED. 627
First. — To buy i^routids and sites for school houses. . sites, buUd-
Second.—ToliivQj purchase or erect houses and build- ^^^*' ® '^^
ings, to be used for school purposes, and to keep the same
in repair.
Third. — To furnish schools with the necessary fixtures, Furniture, etc.
furniture and apparatus.
Fourth. — To graduate the schools into as many depart- Departments,
meutb as the educational wants of the district may require,
to tix the studies to bo taught in each department thereof,
and to prescribe the books to be used.
Fifth. — To employ and fix the compensation of teach- compensation
ers, and to maintain, support, establish and carry on public °'" teachers,
schools in said district for as many months in the year, not
more than nine months, as they may deem proper.
/Sixth. — To borrow money, and also to levy annually and May borrow
have collected in the same manner as other school direct- ^cvy taxes.
ors, for school purposes, a tax not exceeding two per centum
on the assessed valuation of all the taxable property in
said district, as subject to taxation.
jSevcnth. — To adopt such rules and regulations concern- Rules for gov-
iug schools, not' inconsistent with this act and the general ^
school laws of the state, as they may deem expedient.
Figlitk. — And, generally, to have all the powers con- General powers.
ferred by law upon school directors as necessary to carry
any of the foregoing powers into effect : Providing., ahoays^
that this section does not confer upon the directors the
power to erect buildings, whereby the Illiopolis school dis-
trict shall incur a debt, without first submitting the ques-
tion of erecting such buildings or purchasing such sites to a
vote of the resident tax payers of said district.
§ 0. The directors of said school district may admit Non-resident
pupils from without such district to the public schools ^'"^^"^
thereof or to any department thereof, upon such terms and
conditions as they may prescribe. They shall, also, have
power to require a tuition fee for the admission of pupils
to such schools, in addition to the public moneys which
they may collect.
§ 10. The school fund of said district shall be kept to^fj^io^^e^i""'^
loaned at interest, at the rate of ten per cent., per annum,
payable semi-annually in advance. No loan shall be made
for a longer period than three years ; and all loans exceed-
ing one hundred dollars shall be secured by unincumbered
real estate of double the value of the sum loaned, exclusive
of the value of perishable improvements thereon. For
sums of one hundred dollars and less, two good sureties,
beside the principal, shall be required. AH notes and
sureties shall be taken payable to the Illiopolis school dis-
trict, and in that name all suits and actions may be had ;
and all expenses for preparing or recording securities shall
be paid by the borrower.
528 SCHOOL DISTRICTS — MODIFIED.
Mny purchase § 11. The directors of said Illiopolis school district are
tate^"^'^^^'^'^^" hereby vested with general powers and authority to pur-
chase real estate, if in their opinion the interests of the
district or district fund will be promoted thereby, in satis-
faction of any judgment or decree wherein the said board
of directors are plaintiffs or complainants ; and the title of
such real estate so purchased shall vest in said board, for
the use of the inhabitants of said district, for school pur-
poses ; and all purchases of land heretofore made for said
Illiopolis school district, or as formerly constituted district
No, seven (T), of township sixteen (16) north, range one
(1) west of the third principal meridian, are hereby de-
clared vested in and belonging to the said Illiopolis dis-
indebtednesF. tvict. The Said board A,re hereby vested with general
power and authority to make all settlements with persons
indebted to them in their official capacity, or receive deeds
of real estate in compromise, and to cancel in such manner
as they may think proper, notes, bonds, mortgages, judg-
ments and decrees, existing or that may hereafter exist for
the benefit of the district when the interest of said district
or the fund concerned shall, in their opinion, require it ;
and their action shall be valid. Said board of directors
are hereby authorized to lease or sell, at public auction,
after advertising at least ten days, any land or premises
which may come into their possession, in such manner and
on such terras as they shall deem for the best interests of
the said Illiopolis school district.
Doubtful seen- § 12. If the sccurity of any loan should at any time
nty made good, {j^^qj-q ^\^q game is duc become, in the opinion of the treas-
urer or directors insecure, the treasurer shall notify the
person indebted, and unless satisfactory, security is given
forthwith, judgment may be recovered thereon as in other
cases, whether the debt be due or not.
Public school § 13. All the laws concerning public schools, not in-
laws, consistent herewith, shall apply to the said district.
Board of direc- ^^ li. Tlic directors shall not be entitled to any com-
"Nocompensa- pcusation whatsoever for their services as directors of said
tion. district. The treasurer shall receive the same compensa-
tion that township treasurers receive by law for like ser-
vices.
§ 15. This act shall bo in force from and after its pas-
sage.
Approved March 30, 1869.
SCHOOL DISTRICTS — MODIFIED. 529
AN ACT to amend an lift entitled "An act to incorporate the Kankakee In fmce March
School District," approved February 16, 18(35. 30, i?69.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That the issiie bouds.
board of education of said school district shall have power
to is.sae bonds, at a rate of interest not to exceed ten per
cent, per annum ; but that the whole amount of such bonds
outstanding at any one time shall not exceed forty thousand
dollars.
§ 2. The said board of education shall have powder to Levy special tax
levy ujion the taxable property of said district, annually, a
tax not exceeding ten mills upon the dollar of such taxable
property, to pay interest upon such bonds and indebtedness.
§ '6. That this act shall be deemed a public act, and
shall be in force and eflect from and after its passage.
ArPKOVED March 30, 1869.
AN ACT to amend an act entitled "An act to amend an act to incorporate In force March
the Kankakee School District," approved February 16, 1865. 24, 1869.
Section 1. JBe it enacted by the People of the State of
Illinois, represented in the G&neral Assembly, That sec- siection s re-
tion three of the act to amend an act entitled "An act to ^^^^^"^^
incorporate the Kankakee School District," approved Feb-
ruary 22, 1867, be and the same is hereby repealed, and
that section seven of the "Act to incorporate the Kankakee
School District," approved February 16th, 1865, be and
the same is hereby revived and declared to be in full force.
§ 2. This act shall take effect «nd be in force from and
after Us passage.
Approved March 24, 1869.
AN ACT to attach all fractional townships in Kankakee county to full 1° ''^rce ^larch
townships therein, for school purposes. ^®' ^^®^*
Section 1. Be it enacted hy the People of the State of
Illinois, represerited in the General Assembly, That all the Additions to
fractional township lying along the east side of Kankakee '"'^""^ *^'""'"
county, including township twentv-nine (29), lying partly
in Iroquois county, shall be attached to the same nmnbered
townships lying upon the west side thereof, respectively ;
and that fractional townships twenty-nine (29) lyin^ in
Yol. Ill— 67
530 SCHOOL DISTRICTS — MODIFIED,
both of said counties, and thirty (30) north, of range eleven
(11) east, shall be attached to the same numbered town-
ships, lying upon the east side thereof, respectively ; and
that said fractional townships shall form parts and parcels
of said full townships, for said school purposes ; and said
full townships shall acquire all rights belonging to the said
fractional townships.
§ 2. This net shall be deemed a public act, and shall
be in force and effect from and after its passage.
Appkoved March 26, 1869.
In force June AN ACT to amend an act entitled "An act to incorporate the Lacon Union
19, 1869. School District.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assemhly\ That an
Act amended, act of the general assembly of the state of Illinois, ap-
proved February 16th, 1857, be amended by striking out
the word " May," where it appears in the seventh section
of said act, and inserting the word " September," and by
striking out the words ''thirty days," where they appear in
said seventh section of said act, and inserting ''ten days."
Approved March 24, 18G9.
In force March AN ACT to repeal "An act for the relief of the inhabitants of townsliip
15, 18U9. three (3) north, range ten (10), and of the inhabitants of township three
(3) north, range nine (9) west, in Madison county, Illinois," approved
February 16, 1S67, and any act amendatory thereof, and for other pur-
poses.
Section 1. Be it enacted hy the People of the State of
IlUnois, represented in the General Assembly, That "An
Ast repealed, act for the relief of the inhabitants of township three (3) north
range ten (10), and of the inhabitants of township three
(3) north, range nine (0) west, in Madison county, Illinois,"
approved February 16tb, 1857, and any act amendatory
thereof, be and the same are hereby repealed, and that the
school districts of township number three (3) north, range
ten (10) west, now known as districts number one (1), num-
ber two (2) and number three (3), shall hereafter be composed
only of such parts of said districts, respectively, as lie with-
in said township : Provided, however, that said district may
hereafter have their boundaries changed in such manner
as the school laws may provide.
SCHOOL DISTRICTS — MODIB'IEtJ. 531
§2, That the board of directors of school districts num- collection or
bers one and three, aforesaid, shall be entitled to draw from ^irpiue mtere.n.
the surpkis interest of the township fund of said township
three (3) north, ten (10) west, for the purpose of building
school houses, an amount proportionate to that which has
already been drawn by district number two (2), for the
same purpose. These amounts shall be determined by
ascertaining- the number of persons under twenty-one years
of age now resident in each district, and ascertaining the
number of dollars per capita heretofore used for building a
school house in district number two (2), and therefrom the
amounts equitably due to district numbers one and three,
which amounts shall be paid by the trustees, on the order
of the directors : Provided, that neither of such amounts
shall exceed thirty- live hundred dollars.
§ 3. It shall be the duty of the treasurer of said town- Duties of the
ship, by virtue of this act, to pay oyer, under the direction t''^^'""^''-
of the trustees and on the order of the board of directors,
the amounts to which each of said districts is entitled.
§ 4. That the school in progress at the time of the pas- Pay continued,
sage of this act shall be provided and paid for as hereto-
fore provided, until their present terms expire.
>^ 5. This act shall be a public act, and in force from
and after its passage.
Approved March 15, 1869.
AN ACT to amend an act incorporating Marion School District, William- In force March
son county. "7» 1^69.
Section 1. Be it enacted hy tke People of the State of
Illi7iois, represetiied in the General Assembly, That so Part of eec 2
much of the first section of an act entitled "An act to es- "p^'^'^^-
tablisli the Marion School District, in Williamson county,'"
approved February 16th, A. D. 1857, as incorporates with
the said Marion School District the northeast quarter of
section twenty -three, and the west half of section fourteen,
in township nine south, of range two east of the third
principal meridian, be and it is herel)y repealed, and the
said quarter and half section are to be omitted from the
said Marion School District, and become subject to the
control of trustees of the township in whicli they are
located, as though they had never been incorporated with
said Marion School District.
Approved March 27, 1869.
>32 SCHOOL DISTRICTS — MODIFIED.
.u force March AN ACT to amend an act entitled "An act to attach part of township
31, 1869. twenty-one (21) to township twenty-two (22), in McLean county, for school
purposes," approved March 7, 1S6Y.
Section 1. Be it enacted hy the Peojple of the State of
Illinois^ rejpresented in the General Assembly^ That so
Part of section much of tliG secoiid SGctioii of the act to which this act is
2 repealed. c^^ amendment as applies to township twenty-one north,
range one east, and township twenty-two north, range
one east, be and the same is hereby repealed, and each
of said townships shall only be entitled to the interest
of the township funds formerly belonging to each of said
townships, respectively ; but the funds of the said two
townships shall remain in the hands of the treasurer of said
town twenty-two (22), range one (1) east of third (3d) prin-
cipal meridian.
§ 2. This act shall take effect and be in force from and
after its passage.
Approved March 31, 1869.
■a f;i;'roe March ^^ J^^cT to attach a part of town two (2) south, range nine (9) west, to
~' ■ school district No. three (3), township two (2) south, range ten (10) west,
in Monroe county.
Section 1. Be it enacted ly the People of the State of
Illinois^ rejyresented in the General Assembly, That sec-
Sectionssoand tioDS thirty (30) and thirty-one (31), the fractional part of
31 amended. section nineteen (19), the west half of section twenty (20),
claim five hundred and sixteen (516), survey seven hun-
dred and twenty (720), claim two thousand six hundred
and sixty-six (2666), and that part of claim two hundred
and twenty (220), lying east of the range line between
townships two (2) S., R. nine (9), and two, (2) S., E. ten (10),
be attached and made a part of school district number three
(3). township two (2) south, range ten (10) west, in said
county.
§ 2. That this act be in force from and after its passage.
Approved March 29, 1869.
SCHOOL DISTRICTS — MODIFIED.
533
AN ACT supplemental to senate bill No. 172, entitled "An act to estab- In force March
lish a school district in the city of Pekin." 31, I86y.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That all see. 2 1 repealed
of section number twenty-one (21) of the act to which this
is supplemental, is hereby repealed.
§ 2. This act is hereby declared a public act, and shall
take efiect and be in force from and after its passage.
Approved March 31, 1869.
AN ACT to regulate the school districts of the town of Shields, in the In force March
county of Lake. ^'^' ^^^^•
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Asse7nbly, That the ,^J^Ji^^^'^°t,,jc°s
town of Shields is hereby districted into three school '
districts. That sections four (4), five (5), six (6), seven (7),
eight (8), and nine (9), shall constitute one of said districts ;
that sections sixteen (16), seventeen (17), eighteen (18), nine-
teen (19), twenty (20) and twenty-one (21) shall constitute
another of said district ; and that fractional section twenty-
seven (27), and sections twenty-eight (28), twenty-nine
(29), thirty (30), thirty-one (31), thirty-two (32), thirty-three
(33), and thirty-four (34), shall constitute the third of said
districts.
§ 2. The trustees of schools of said township shall ap- of^P°^"*''^'°^^^
portion the school fund of said township to said school
district in accordance with the provisions of the school law
of this state.
§ 3. The legal voters of said respective school districts i-ocate sites.
may locate school house sites, build school houses, and do
all other things in relation to schools and school houses in
the manner now provided by law for the government and
organization of school districts.
§ 4. This act shall be in force and take effect from and
after its passage.
Approved March 30, 1 869.
SCHOOLS — TOWNS.
SCHOOLS— TOWNS.
In force March ^j^ ^CT to amend an act entitled "An act to incorporate the Hamilton
' * Primary School," passed February 1st, 1840.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That sec-
sec. 3 amended, tion third (3d) of "x\n act to incorporate the Hamilton
Primary School," passed February the first (1st), A. D.
1840, be so amended that the annnal election for trustees
of said school shall be held on the first Monday of April,
in each and every year.
Sec. 4 amended. § 2. That section four (4) be so amended that the said
incorporation shall be three miles square, north and south-
east and west, calling the school liouse the center of the
said three miles square, which is situated in the center of
section fourteen (14), in township seven (7) north, range
twelve (12) west of the third principal meridian, in the
county of Jersey, and state of Illinois : Provided^ aliuays^
that this amendment shall not be so construed as to prevent
any relative of Dr. Silas Hamilton from attending said
school who is under twenty-one years of age.
Powers of the § 3. The board of trustees are hereby authorized to
assess taxes for purpose of paying teachers, repairing the
stone school house, or for erecting new buildings for school
purposes, not exceeding two per cent, per annum.
§ 4. This act shall be deemed a public act, and shall
take eflect and be in force from and after its passage.
Appeoved March 31, 1869.
board.
Taxation
In force March AN ACT for the establishment of a system of graded schools in the town of
29, 1809. Waterloo, and vicinity.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That all the
Boundaries of cxteut of country including: the corporate limits of the town
school district, (^f Waterloo, in district three (3), township two (2) south,
range ten (10) west, Monroe county, together with such ad-
ditions as may from time to time be made thereto by the
action of boards of school trustees, special act of the legisla-
ture, QT otherwise, be hereby erected and declared a school
district, and the schools therein established, known and
designated as the " AVaterloo Graded Schools."
SCHOOLS — TOWNS. 535
§ 2. The said school shall be under the exclusive con- contioi of aii
trol and raanafrcment of a board of directors, elected in the <=o™°»o° schools
• "•IT*
manner and under the same provisions as are prescribed m
the common school law of the state. The present board
of said district shall continue to act under the provisions
hereinafter mentined, till their successors are respectivcl}^
elected ; and no election shall be held till the expiration
of the time for which the present members thereof have
been respectively elected.
§ 3. In addition to the powers, rights and duties now
devolving upon said board, the following shall vest in
them :
First. — To continue in operation the schools established school terms.
by them, for a term during each scholastic year of not less
than ten months, and to levy the necessary taxes for that
purpose.
Second. — To examine teachers irrespective of tlie exami- Teacher,
nation of the county superintendent, or in addition thereto. Examination!:.
if deemed necessary by a majority of said board, either by
themselves or a committee selected by them; which exami-
nation shall be thorough in the branches taught ; thereupon,
to grant certificates to those found competent, of such
grades as they may establish, and which shall be of fall
authority for engaging them in their schools.
Third. — Said certificate or certificates may be revoked certificate.
by said board at anytime, for sufficient cause, in their judg-
ment, the holder or holders thereof dismissed, and a minute
of the same made by the clerk on his record book.
Fourth. — Said board shall establish such grades or de- Grades, etc.
partments in their schools as are necessary ; and to secure
the more efficient management and supervision of the same,
they may engage the services of a principal or a superin-
tendent.
Fifth. — They are authorized to make quarterly pay- compensation
ments, in the salaries of their teachers, upon raakino; o^^it °^'*^'''^'^"^'^**^-
their schedules, attaching the usual certificate thereto, and
presenting the same to the board ; whereupon, if regular
and correct, they shall attach their certificates and issue an
order upon the treasurer of township two (2) south, range
ten (10) west, for the amount respectively due them.
Sixth.— ^'a.\& directors shall be authorized to admit pupils pupS'^"'""' "^
to their schools from other districts, upon such terms as Non-residents.
they may determine and establish.
Seventh. — They shall hold monthly meetings, for the Meeting?.
transaction of business, of which a full record shall be kept
by the clerk of the board. All rules and regulations, writ-
ten memoranda of grades, course of studies prescribed, and
record of teachers' examinations, shall be accurately trans-
cribed by him in a book provided for that purpose.
Eighth. — Said clerk, in connection with the principal or cierktomake
superintendent of said schools, at the expiration of each scho- ^^^'''^'
536 SPORTING ASSOCIATIONS.
lastic year, shall present to the board, at a regular meeting
thereof, a statement, embracing the following items :
Amount received for school purposes and from what
sources ; amount paid out, and for what purposes ; the de-
partments established, number of teachers employed, and
their names ; the salaries paid and the branches taught ;
the number of pupils, males and females separately, enrolled
in different departments, and in the aggregate; the average
daily attendance in each department and in the aggregate;
After the reading and approval of which report, the same,
together with such other data as may be thought requisite,
shall be published in the county newspaper, or in pamphlet
form, for general circulation.
Diplomas. Ninth. — Said board of directors, in conjunction with the
principal or superintendent, shall have power to grant di-
plomas, with the seal of the school board attached thereto,
to such scholars as make a thorough course and pass a satis-
factory examination in the branches taught.
§ 4, This act is to be in force from and after its pas-
sage.
Approved March 29, 1869.
SPORTING ASSOCIATIONS.
Id force March AX ACT to incorporate the Belleville Gjiiuiastic Association, (Turn
29,1869. gemeinde.)
Section 1. Be it enacted hy the I-'eople of the State of
Illinois, represented in the General Assembly, That Henry
Corporators. Kirchcr, Geor£:e Deeke, George H. A. Stolberg, A. F.
Lehr, Julius Hauck, Kobert C. Ililgard, John VVinkler,
John Lorenzer, Fred W. Bichtold, Aug. Fernan, xllexan-
der Wahlig, Greorge Semmelroth, G. A. Golitz, E. U.
Heimberger, Henry Hornbarger, George Gauss, jr., Fred.
Knoebel, Emil Vogtsberger, and their associates, who now
are or who may become members of the Belleville Gym-
nastic Association, (Turn gemeinde), be and hereby are in-
corporated and made a body politic, with perpetual succes-
Nameandstyie. ^i 'U, under the name and style of the "Belleville Gymnas-
tic Association," for the purpose of promoting health, men-
tal and moral improvement, and mutual assistance in case
of distress or disease, with power, by their corporate name,
to sue and be sued, plead and be in^pleaded, to contract and
be contracted with, to acquire and hold and convey pro-
SPOBTING ASSOCIATIONS. 63 i
perty, real and personal, not to exceed in value the sum of
ten thousand dollars, and to have, use and alter at pleasure
a common seal.
§ 2. The said corporation shall have power to make, es- Rules for gov-
tablish and amend a constitution and such by-laws, not in- emment.
consistent with the constitution of the United States and
this state, as they may deem necessary, for the government
of said corporation, its officers and agents.
§ 3. The capital stock of said association shall not ex- Amount capital
ceed ten thousand dollars, to be divided into shares of twen-
ty-live dollars each, to be subscribed for and paid in such
proportions as shall be prescribed by the by-laws and rules
and regulations of said association.
§ 4. The persons, or a majority of them, named in the Managers.
first section of this act, are hereby constituted a board of
managers fa' the affairs of said association, until the first
general meeting to be held under the present constitution,
when a constitution and by-laws shall be adopted under
this charter, and until a board of officers shall have been
elected under the constitution and by-laws adopted under
this charter.
§ 5. In addition to the power to create capital stock, contributions.
as aforesaid, the corporation shall have power to fix and
levy upon their members, in the manner provided for in
their constitution and by-laws, such contributions, from
time to time, as may be necessary to carry out the purposes
of said association, and to collect the same by process of
law, and to impose and legally to collect tines for any vio-
lation of duty of the officers and members of said associa-
tion, which they have to perform under the constitution
and by-laws of said association.
§ 6. This act to be in force from and after its passage.
Approved March 29, 1869.
AN ACT to incorporate the Bloomington Sharp Shooters' Association, of In '"o''fe March
Bloomington, McLean Count}-, Illinois. ^^' ^^'^'^'
Section 1. Be it enacted ly the People of the State of
Illinois^ represented in the General Assembly, That Charles Corporators.
Gunhlin, Julius Lehman, M. D., Friedrich Paschen, Robert
Gusty, L. A. Wooley, W. B. Doolittle, and such other per-
sons as shall from time to time become members of said so-
ciety, are hereby incorporated, and shall be a body politic
and corporate, by the name and style of "The Bloom- Name and style,
ington Sharp Shooters' Association,*' located in Blooming-
ton, McLean county, Illinois; and, under that name, shall
be capable of suing and being sued, pleading and being
VoLIII— 68
538
Rules for gov-
ernment.
Executive com-
mittee.
Competent veit-
nesses.
SPORTING ASSOCIATIONS.
impleaded, in all courts, both of law and equity, in this
state ; and raaj have and use a common seal, and the same
to alter and amend at pleasure, and by their corporate name
and style, shall be capable of, in law, contracting and being
contracted with and acquiring, by purchase or otherwise,
and of holding and conveying real and personal estate,
either in fee or for a term of years : Provided^ that they
shall not at any one time name or hold property exceeding
in value of ten thousand dollars.
§ 2. Said corporation shall at all times have full power
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 officei's and mem-
bers of said society, and for ascertaining an equal annual
rate of contribution to be paid by the members thereof in
aid of the funds of said society, and for prescribing the
time, place and manner of practicing in shooting, and the
rules regulating the same, by such by-laws, not to be incon-
sistent with the laws of this state and of the United States.
§ 3. That for the better carrying on the business and
affairs of said corporation, there shall be annually elected,
• in the first Tuesday of April and on the first Tuesday of
December, of each year, an executive committee, consisting
of one president, one vice president one secretary, treasurer,
one vice secretary, and one sergeant-at-arms, who shall
hold their ofiice for six months and until their successors
are elected and qualified.
§ 4. In all suits at law or equity, brought against the so-
ciety, or in any suit brought by this society against any of
its members or against any other person or persons, any
member of this society shall be admitted as competent wit-
ness.
§ 5. This act to be in force from and after its passage.
Approved March 31, 1869.
In force March
29, J8es>.
AN ACT to incorporate the Capital Athletic Association.
Section 1. Be it enacted by the People of the State of
Illinois^ represented in the General Assemhty. That James
Corporators. Gallalicr, Thomas C. Jewell, Oliver L. McKinstry, JNor-
n)an B. Ames, and Ira J. Ilalsted, and their associates and
successors, be and they are hereby created a body politic and
NameanAeiy-c Corporate, Under the name and style of "The Capital Ath-
letic Association ; " and, by such name, shall have perpetual
succession, power to sue and be sued, and all the powers
and authority incident to corporations, for the purposes'
BPOBTING ASSOCIATIONS. 539
hereinafter mentioned, and may have a common seal, with
power to alter and change the same.
§ 2. The capital stock of said company shall be fifteen Amount capital
thousand dollars, and may be increased, from time to time, ^^°'^^-
at the pleasure of said corporation, to any sum not exceed-
ing one hundred thousand dollars. It shall be divided into
shares of fifty dollars each, and may be issued and traus-
ferred in such manner and upon such conditions as the
board of directors may direct.
§ 3. The said corporation, for the purpose of carrying May purchase
on its operation and promoting the object of the associatioif, K'"»nd8.
is hereby authorized and emj)Owered to purchase land and Erect buildings
erect suitable buildings thereon, and to erect or construct,
in connection therewith, skating parks, bathing and swim-
ming rooms, gymnastic rooms, and apparatus therefor, and
may make and execute contracts, and generally to do any
and all acts necessary for the successful carrying on of the
operations of said club.
^ 4. All the corporate 730wers of said corporation shall . Powers vested
1 1 ^ ■ ^ • I T 1 -I .^ ^^ ^ i ,1" board tit di-
be vested m and exercised by a board ot directors and such rei;.ors.
officers and agents as the said board shall appoint. Thi;
first board of directors shall consist of the persons named in
the first section of this act, and thereafter of not less than
three nor more than seven stockholders, who shall be cho
sen each and every year by the stockholders, at such time
and place and in such manner as the said corporation shall
by its by-laws prescribe. The said directors shall hoLl
their offices until their successors are elected and qualified,
and may fill any vacancies which may happen, by death,
resignation or otherwise. They shall, also, adopt such b}'-
laws, rules and regulations for the government of said
corporation and the management of its aflairs and business
as they may think proper, not inconsistent with the laws of
the United States or of the state of Illinois.
§ 5. The office of the said company shall be located in Location of
the city of Springfield, and all its operations shall be con-
ducted in the county of Sangamon, in this state.
§ 6. This act to be a public act, and be in force from and
after its passage.
Approved March 29, 1869.
office.
AN ACT to amend an act entitled "An act to incorporate the Chicago In force March
Sharp Shooters' Association." "*'' ^^'^^'•'•
Section 1. Be it enacted hy the People of the State of
Illinois^ represtnted in the General Asseinbly, That the May reonve
said corporation may receive, take and hold, either by gifi, "^'^•^'°-
purchase, devise, bequest, or otherwise, real estate, not ex-
540
Location
ofli«e.
of
Confllortng
acta rejjealed.
SPORTING ASSOCIATIONS.
ceeding in value seventy-five thousand dollars, and such
chattels, real and personal estate, as may be necessary or
convenient for the objects of said association, to an amount
not exceeding seventy-live thousand dollars.
§ 2. That the said corporation may, for the purposes
of, and in order to carry into efitect the objects of their as-
sociation, locate themselves upon and occupy real estate, by
them acquired or leased, under the provisions of this act,
and the act to which this act is amendatory, at any place
outside of the present limits of the city of Chicago, any act
or acts now existing to the contrary notwithstanding.
§ 3. So much of said act to which this actis amendatory,
which is conflicting with the provisions of this act, is hereby
repealed.
§ 4. This act shall take eifect from and after its passage.
Appkoved March 30, 1860.
In force June AN ACT to incorporate the Illinois Capital Lio-ht Guard, and for other
1Q 1QHQ J D »
•'"' ^""*'- purposes.
Section 1. JBe it enacted hy the People of the State of
Illinois^ represented i?i the Gejieral Assejnbly, That C. H.
Corporators. Burrows, H. A. Staples, J. H. Casserly, C. S. Francis, N.
D. Souther, A. A. Corneau, J. Ewing, Wm. Cooper, G. W.
Morris, Charles Knickraan, Thomas Fitzpatrick, F. A.
Haynes, W. P. Campbell, D. A. Hills, J. Ankrim, G. Ing-
hsh, J. Billington. J. L. Prince, E. S. Garrett, B. S. Os-
borne, and their associates, shall be and are hereby ordained,
constituted and declared to be a body corporate and politic,
Name and style, in fact, and in name and 8tyle of the "Illinois Capital
Light Guard of Springtidd ; " and, by that name, they and
their succepsors shall have perpetual succession, and by
their corporate name shall be persons in law, capable of
suing and being sued, pleading and being impleaded, an-
swering and being answered unto, defending and being de-
fended, in all courts and places whatsoever, in all manner
and actions, suits, complaints, matters and causes M^hatso-
ever; of having and using a common seal, and changidg
and altering the same at their pleasure ; and of contracting
and being contracted with; anid of purchasing, holding and
conveying any estate or property, real, personal or mixed,
for the use of the said corporation and for no other use or
purpose whatsoever : Provided, said corporation shall at
no one time hold estate to an amount not exceeding five
thousand dollars.
Rules for goT- ^ 2, Tlic Said Corporation sliall have full power to
make, establish and prescribe for its own government and
SPORTING ASSOCIATIONS. 541
regulation of its own business and aff'airs, and concerning
the management and disposition of its own funds, such con-
stitution and by-laws, rules and regulations as shall from
time to time appear proper and needful for the proper carry-
ing out of the business for the corporation, and for no other
purpose whatever, which it may alter or amend at pleas-
ure : Jr'rovided^ the same be not repugnant to the consti-
tution and laws of this state or of the United States.
§ 3. The object of this company shall be thej pro- objects of the
tection of American liberty and the defense of the right •^'''p"'^^"*'"-
guaranteed to all American citizens by the constitution of
the United States and of the state of Illinois, and to pro-
vide means for the relief of their sick members thereof and
their immediate families. There shall be a fund estab-
lished, to be known as the " lielief fund," which shall be
held and used solely for the benefit of the sick or disabled
members and no other purpose, and the business, property,
funds and estate shall be managed and conducted and con-
trolled according to the constitution above authorized.
§ 4. For the purpose of enabling the said company to intereBt taken.
raise a fund sufficiently large for its purposes, it shall be
lawful fur said company to contract for and take and re-
ceive interest upon the loan or forbearance of any money,
goods or things in action, at the rate of lawful interest.
§ 5. In any action, suit or other proceeding which may competent wit-
be instituted, commenced or prosecuted for the collection '^*--==*^^-
of any fine, penalty or forfeituxe imposed by any law, rule
or regulation of this company, and appropriated to the use
of this company, it shall be no objection to the competency
of any witness in such action, suit or other proceedings lor
the recovery or collection for such fine, penalty or forfeit-
ure so imposed, and appropriated to the nee of said company,
that he, the said witness, is or has been a member of said
company.
§ 6. This act shall be a public act, and shall be liberally corstractionof
construed in all courts of law and equity for all purposes
herein intended.
Approved March 27, IS 69.
AN ACT to incorporate the Litchfield Sharp Shooters' Society, of Litch- '^^ force March
field, Montgomery county, Illinois. '^^' ^^ *
Section 1. Be it enacted ly the People of the State of
Illinois, reqyt'esented in the Oeneral Assemhly, That Charh s Gcrnorators.
Busch, Killian Myer, Casper Peetz, John Lange, Ludwg
Hoffmann, August Larabke, August Roth, Bernhard Bock-
emuhle, Fritz Weingand, Ludwig Rosthenpieler, Fritz Lee-
542 SPOKTING ASSOCIATIONS.
camp, "Wilhelm WiegraflP, Henry Smidt, Joseph Benkler,
and such other persons as shall from time to time become
members of said society, are hereby incor|)orattd and shall
be a body corporate and politic, by the name and style of
Name aud style. " Litchtield Sharp Shootcrs' Society," located in Litchfield,
Montgomery county, Illinois; and, under that name shall
be capable of suing and being sued, pleading and being
impleaded, in all courts, both of law and equity, in this
state; and may have and use a common seal, and the same
to alter and amend at pleasure ; and, by their corporate
name and style, shall be capable in law of contracting and
being contracted with, and acquiring, by purchase or otli-
erwise, and of holding and conveying real or personal
estate, either in fee or for a term years : Fromded^ that
they shall not at any one time own or hold personal and
real property exceeding in value ten thousand dollars.
Eiiks for goT- § 2. Said corporation shall at all times have full power
emmen . ^^^ authority to ordaiu, make and establish such constitu-
tion and by-laws, rules and regulations, not inconsistent
with tilt; constitution and the laws of this state or the Uni-
ted States, as the}' shall judge proper, for the better gov-
ernment and regulation of the officers and the members of
said society ; for ascertaining and fixing an equal annual
rate of contribution to be paid by the members thereof in
aid of the fund of said society, for prescribing the time,
place and manner of practicing in shooting, and the rules
regulating the same, and all other purposes necessary to
carry out the object of said society.
Election of offl- § 3. That lor the better carrying out of the business
***™' and affairs of said corporation, there shall be annually elect-
ed, on the first Monday in April, of each year, one presi-
dent, one vice president, one secretary, one vice secretary,
one treasurer, and one eergoant-at-arms, who shall hold their
offices for one year and until their successors are elected
and qualified, and who shall, ex offieio^ constitute the execu-
tive committee of said society.
Presidiug officer ^ 4. The president shall be presiding officer of the so-
ciety and also of the executive committee when in session :
Frovided, that the vice president shall, in the event of the
death, resignation or other disability of the president, per-
form the duties of the president.
Officers' duties. § 5. Said Corporation shall have power, in its constitu-
tion and by-laws, to declare and regulate the duties of its
officers.
j^j^eauivecom- g 6. Said society may select one of its members to act
as steward or landlord, for furnishing victuals and refresh-
ments on the premises i)f the society or elsewhere, according
to the directions and at the days and hours appointed by
the executive committee thereof.
rompeteut wit- § 7. In all suits in law and equity, brought against this
corporation, or in any suit brought by this corporation
SPORTING ASSOCIATIONS. 54:3
against any of its members or against any other person or
persons, aiiy member of this corporation shall be admitted
as a competent witness.
§ 8. Tliis act shall take effect and be in force from and
after its paseage.
Appkoved March 25, 1869.
A BILL for an act to incorporate the Marine Sliarp Shooters' Society, of In forcR March
Marine, Madison county, Illinois. 31, 18ii9.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly, That Haver oorporators.
Sutter, Henry H. Ellering, Heury 0. Gerke, George Blume,
Fred. Tiemaun, Louis Yarnig and Jacob Wenz, and such
other persons as shall, from time to time, become members
of said society, are hereby incorporated, and shall be a
body corporate and politic, by the name and style of the
"• Marine Sharp Shooters' Society," located in Marine, Madi- Name and style,
son county, Illinois ; and, under that name, shall be capable
of suing and being sued, pleading and being impleaded, in
all courts, both uf law and equity, in this state ; and may
have and use a common seal, which they may change or
amend at pleasure; and by their corporate name and style,
shall be capable of contracting and being contracted with,
and acquiring, by purchase or otherwise, and of holding
and conveying real and personal estate, either in fee or for
a term of years : Provided, that they shall not at any one
time name [own] or hold property exceeding in value ten
thousaud dtillars.
§ 2. Said corporation shall, at all times, have full power Ru'esandby-
and authority to ordain, make and establish such by-laws, '*^^'
rules and regulations as they shall judge proper for the bet-
ter government and regulations of the oflicers and members
of said society, and lor ascertaining an equal annual rate
of contribution to be paid by the members thereof in aid of
the fund of said society, and for prescribing the time, place
and manner of practicing in shooting and the rules regula-
ting the same, by such by laws, not to be inconsistent with
with the laws of this state and of the United States.
§ o. That for the better carryino" on the business and E'ection of or-
affairs of said corporation, there shall be annually elected,
on the first Monday of April of each year, an executive
committee consisting of one president, one vice president,
one secretary, treasurer, one vice secretary and one sergeant-
at arms, who shall hold their office for one year and until
their successors are elected and qualified.
544: STOCK EXCHANGE COMPANY.
Competent wit- § 4. In all suits at law or equity brought against this
nesees. society or in any suit brought by this society against any
of its members or against any other person or persons, any
member of this society shall be admitted as competent wit-
ness.
§ 5. This act to be in force from and after its passage.
Approved March 31, 1869.
In force March AN ACT to amend an act entittled " An act to incorporate the Helvetia
29, 18tJ9. Sharp Shooters' Society, of Highland, Madison county, Hlinois," approved
February 16th, 1863.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That the
Sec. 4 amended, fourth section of ''An act to incorporate the Helvetia Sharp
Shooters' Society of Highland, Madison county, llhnoie,"^
approved February 16tb, 1863, be and the same is hereby
amended so as to strike out the word "April" and insert in
its place the word "March."
§ 2. This act to take effect and be in force from and
after its passage.
Approved March 29, 1869.
STOCK EXCHANGE COMPANY.
In for p AprU AN ACT to incorporate the Chicago Stock Exchange.
19, 1869.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That John
Corporators. J. Richards, L. B. Sidway, D,. H. Denton, Christian Wahl,,
J, E. Tyler, Charles A. Crane and Moses K. Jefiards, and
their associates and successors, are hereby created a body
Nameandstyic. Corporate and politic under the name of the "Chicago Stock
Exchange," with perpetual succession; and, by this name,
may sue and be sued, plead and be impleaded, and do and
perform all such acts and things as are or may become ne-
cessary for the advancement of the purposes of said corpo-
ration, and shall have a common seal and may alter or re-
Amonnt capi- hgw the same at pleasure. The capital stock shall be two
tai stock. hundred thousand dollars, and shall be divided into shares
of one hundred dollars each. Each share of stock shall be
STOCK EXCHANGE COMPANY. 545
entitled to one vote in all elections of directors of said cor-
poration.
§ 2. The object of this corporation shall be the estab- object-? ottha
lishraent of a stock exchange in the city of Chicago, where- corporation,
in may be conducted, according to such rules as may be
adopted, the buying and selling of all kinds of stocks, in-
cluding stocks of all banks, insurance, shares of securities
of railroads and other corporations, foreign and domestic.
§ 3. The said corporation shall have pov/er to receive. May how ana
take and hold such property, real, personal and mixed, as tatl,'^^ ^^^^ ^^'
it may require, in the advancement and conduct of its busi-
ness for the erection of a building for the use of said corpo-
ration in carrying on such stock and exchange operations,
with authority to lease and manage the same, so as to de-
rive an income therefrom, for tlie benefit and support of the
said corporation.
^ 4. The business affairs of said corporation shall bo . I'owers vested
^ in. ttirGctor^
managed and conducted by a board of directors, to consist
of seven stockholders, who shall be elected annually by the
stockholders, who shall hold their oflices for the term of
one year and until their successors are elected. Said elec-
tion shall be* held at such time and place as shall be desig-
nated by the by-laws of said corporation. Ten days' pre-
vious notice shall be given of such election in one or more
of the daily papers published in the city of Chicago. Va-
cancies may be tilled in said board of directors in such
manner as shall be provided by the rules and by-laws of
the corporation.
§ 5. Until the first election of directors is held under ^Jj''f^''*'*'^<^ of
■, '■' 1 . -1.1. Ill . olreclors.
tins act, the mcorporators named m this act shall constitute
the first board of directors of said corporation, with the
power of exercising all franchises, privileges and duties
herein conferred, and also with power to organize said cor-
poration ; and, for this purpose, they shall open a stock
subscription, and as soon as twenty-five thousand dollars
are subscribed and ten per cent, of such subscription paid
in, in cash, the said directors may at once proceed to or-
ganize said corporation, and may exercise all the powers
and privileges conferred upon said corporation,
§ 6. The board of directors shall have full power to .^o^^'^eS"""^
make all needful rules and regulations and by-laws, not "
inconsistent with the laws of this state or of the United
States, for the government of said corporation, and may
elect and appoint such officers as they may require, and
may prescribe their duties, and may require such bond or
bonds from such ofiicers as the said board may deem neces-
sary for the protection of the interests of said corporation.
The said board shall have the right to admit or expel such
person as they may see tit, in the manner to be prescribed
by the rules and by-laws of said corporation.
Vol. Ill— 69
646
Books for trans-
fer of stock.
Bond and secu-
rity of officers.
Banking
hibited.
pro'
8T00K YARDS.
§ 7. There shall be stock books of said corporation kept
b}' the board of directors, in which shall be registered the
transfer of all shares of stock in said corporation ; and no
transfer shall be vahd and binding unless registered in such
books.
§ 8. It shall be lawful for said corporation to receive
and require of and from its officers and agents good and
sufficient bonds for the faithful discharge of their duties
and trusts.
§ 9. Nothing in this act contained shall be construed so
as to authorize the corporation hereby created, in its cor-
porate capacity, to deal in stocks or as giving it banking
powers or the right to do the business of a banking compa-
ny or association.
§ 10. This act shall be deemed a public act, and shall
take effect and be in force from and after its passage.
Approved April 19, 1869.
STOCK YARDS.
In force April
9, 1869.
Corporators.
Amount capital
stock.
AN ACT to incorporate the East St. Louis Stock Yard Company.
Section 1. Be it enacted by the People of the State of
Illinois^ represented in the General Assembly, That Joseph
Brown, John W. Coulogue, John. D. Ilekimer, John W.
Jennings and Henry L. Clark, and their associates, succes-
sors and assigns, are hereby created a body politic and cor-
porate, by the name and style of " The East St. Louis
Stock Yard Company;" and, by that name, shall have per-
petual succession, and all the powers incident to corpora-
tions, for the purposes contemplated by this act.
§ 2. The capital stock of said company shall be one
hundred thousand dollars, which may be increased, from
time to time, by the board of directors, to a sum not ex-
ceeding two hundred thousand dollars. The capital stock
of said company shall be divided into shares of one hun-
dred dollars each, and shall be deemed personal propert}'',
and shall be issued, sold and transferred in such manner as
the by-laws of said company shall prescribe ; and each
share of stock shall, in all meetings of the stockholders,
be entitled to one vote. The directors of said company
may make, alter and repeal such rules, regulations and by-
laws, for the management of the affairs of said company,
as shall not be inconsistent with the laws of this state or of
the United States.
BTOOK YARDS. 547
§ 3. A majority of the persons Darned as. corporators stock subscrip-
iii this act may receive subscriptions to the capital stock,
and when two hundred shares, shall have been subscribed
for, said corporators shall call a meeting of the stockhold-
ers, by publishing a notice of such meeting in some news-
paper published in the city of East St. Louis, in the county of
St. Clair, for the election of a board of directors, who shall
manage the affairs of said company, and have and exer-
cise all the powers conferred on said corporation by this act,
except when otherwise directed by the stockholders. Said Board oi di-
board of directors shall consist of not less than five nor "<=to™'
more than seven stockholders. And the president and sec-
retary of said company shall be elected by the directors,
from tlieir number. The board of directors shall hold their
offices for one year and until their successors are elected
and qualified ; and the election of the board of directors
shall be held, annually, in such manner as the by-laws may
provide.
§ 4. Said company shall have power and authority to Erect pnbu
own, conduct, maintain and carry on, at or near the city of ^'"'^''y^'''^-
East St. Louis, in the county of St. Clair, a public stock
yard, and, for that purpose, are empowered and authorized
to acquire, purchase and hold so much real estate as shall
be necessary for the successful prosecution of the business
of said company, as is herein set forth ; and said company
may sell and convey its real and personal estate. Said
company is hereby granted all the powers necessary and
usual in the management of public stock yards, in receiv-
ing, shipping, yarding and caring for stock of all kinds;
and in the event that said company cannot acquire by pur-
chase the necessary land adjoining the land occupied by
said company for yarding stock and for ingress and egress,
said company may proceed and condemn such necessary
land, not to exceed three acres in extent, under and in ac-
cordance with the provisions of the laws of this state for
condemning land for public purposes.
§ 5. Said company shall keep their stock yards open Keptopsu.
for the use of the public, and shall receive, feed, care for
and yard all stock which may be offered to said company
for such purposes, at reasonable rates and charges.
§ G. This act shall be deemed a public act, and shall
be in force from and after its passage.
Approved April 9, 1869.
548 TOWNS — INCORPOEATED.
TOWNS— INCORPORATED.
In force April AN ACT to Incorporate the town of Albion.
16, 1869.
ARTICLE I.
Section 1. Be it enacted hy the People of the State of
Illinois, rej)resentecl in the General Assembly, That the
Name and style, inhabitants of the town of Albion, in the county of Ed-
wards, and state of Ilhnois, be and they are hereby con-
stituted a body politic and corporate, by the name and
style of " Town of Albion ;" and, by that name, have per-
petual succession, and may have and use a common seal
which they may change and alter at pleasure.
Boundaries. g 2. The boundaries of said town shall include within
their limits all that district of country known as the west
half of sec. 1st, and the east half of sec. 2, T. 2 S., K. 10
E, in said county of Edwards.
Additional ter- § 3, That wiicuever any tract of land adjoining the
11 oiy annexe . ^^.^^ towu of Albiou shall be laid ofl' into town lots and re-
corded according to law, the same shall be annexed to and
form a part of said town.
Powers and | 4. The inhabitants of said town, by the name and
pnviie;res. gtyje aforcsaid, shall have power to sue and be sued, to
plead and be impleaded, to defend and be defended, in all
courts of law and equity and in all actions whatsoever ; to
purchase, receive and hold property, both real and personal,
in said town ; and purchase, receive and hold real property
beyond the limits of said town, for burial purposes, and to
sell, lease, convey and improve the same, for the benefit of
said town, and to do all other things in relation thereto as
natural persons.
ARTICLE II.
Council. Section 1. The municipal government of said town
shall be vested in a town council, consisting of a president
and four trustees.
Quiiiiiicaiions K 2. No persou shall be a president or trustee of said town
of members. .'^ , i. • j i ^i . • . . i
who has nut arrived at tJie age oi twenty-one years, and
who has not resided in said town one year next preceding
Ills election, and who is not at the time a bona fide free-
holder of said town, and. moreover, who has not paid a
state and county tax. And all white male inhabitants over
twenty-one years (»f age, who are citizens of the United
States and who have resided in this state one year and in
said town thirty days next preceding an election, with the
intention of becoming a Bona fide citizen thereof, shall be
entitled to vote at all municipal elections.
TOWNS — INCORPORATED. 5i9
§ 3. The pereoiis who maybe in office as trustee^ oi' Trustees hoid-
said town under the general incorporation act of this state, iifue^'^°'"'^°""
shall, after the passage of this act, be deemed to hold their
offices by virtue of this act until the fourth Tuesday in No-
vember, 1869, and until their successors in office are elected
and qualified to discharge their duties in conformity with
the provisions of this act.
§ 4. The president and trustees shall be chosen by the Election of
qualified voters of said town for two years and until their frnstees".^ ""*^
successors shall be legally qualified ; and at the first meet-
ing of the president and trustees aforesaid, the trustees shall
be divided, by lot, into two classes ; the seats of the first
class shall be vacated at the expiration of the first year,
and those of the second class at the expiration of the
second year, so that one half of said trustees shall be
elected annually.
§ 5. If any member of the town council shall remove office vacated.
from the town his office shall thereby be vacated.
§ 6. All vacancies that may occur in the town council vacancies, how
shall be filled by election. '"^''^•
§ 7. The town council shall be judges of the qualifica- Qualifications
tions, elections and returns of its own members, and shall °^ '^e"*''"^''^-
determine all contested elections.
§ 8. A majority of the town council shall constitute a Quoium.
quornm for the transaction of business, but a smaller num-
ber may adjourn from time to time and compel the at-
tendance of absent members, under such tines and penalties
as may be prescribed by ordinance.
§ 9. The town council shall determine the rules of its Rules of pro-
proceedings, but no member thereof shall be appointed to '=^'^<^'°s^-
any office under its authority.
§ 10. The town council shall cause to be kept a journal Journal of
of its proceedings, and such journal, purporting to be a •""^^^^^''^s^-
record of the proceedings of the town council, shall be re-
ceived in all courts and places, without further proof, as
evidence of all matters therein contained.
§ 11. Every member of the town council, before enter- oath of office.
ing upon the discharge of the duties of his office, shall take
and subscribe an oath or affirmation that he will support
the constitution of the United States and of this state, and
that he will and truly perform the duties of his office, to
the best of his ability.
§ 12. Whenever there shall be a tie in the election for ^'^■'l^'J^^'^' ^"'"'^
members of the town council, the judges of election shall
certify the same to the police magistrate or any acting jus-
tice of the peace in said town or residing nearest thereto,
who shall determine the same by lot, in the presence of
said judges, who shall enter the result thereof on their re-
turns of said election,
§ 13. There shall be a stated meeting of the town stated maetinga
council once in each month — the time and place of which
650 TOWNS — INCOKPOKATED.
meeting shall be prescribed by ordinance ; but the president
may call a special meeting whenever necessary.
ARTICLE III.
Election of of- SECTION 1. On the fourth Tuesday of November, A. D.
fleers. 1809, an election shall be held in said town for one presi-
dent and four trustees, one treasurer, one constable, (who
shall be, ex officio, collector), and one police magistrate ;
and forever thereafter, on the fourth Tuesday of November,
in each year, there shall be an election for two trustees,
one treasurer, one constable (who shall be, ex officio, col-
lector) ; and biennially there shall be an election of one
president and one police magistrate,
jndgeg and s 2. The towu couucil shall have power to appoint two
clerk of election " .--j j iii"!
persons to act as judges and one as clerk ot each munici-
pal election, who shall be legal voters and freeholders in
said town, and give at least ten days' notice previous to
such election, by posting notices in three of the most con-
spicuous places in said town ; and said election shall be
held between ten o'clock A. M., and four o'clock P. M., of
the day above specified ; and all special elections shall be
held in the same manner.
ARTICLE IV.
Levy and col- Seotion 1. The towu couucil shall have power to levy
kct taxes. and collect taxes on all property, both real and personal,
in said town, subject to taxation for state and county pur-
poses, not exceeding one per cent., per annum, upon the
assessed valuation thereof, for defraying the expenses of
said town, and in payment of K. R. debt and the interest
thereon ; and may enforce the payment of said taxes in
any manner to be prescribed by ordinance, not repugnant
to the constitution and laws of the LT. S. or of this state.
May borrow g 2. To borrow moucy on the credit of said town :
money. Provided., that the interest payable on the aggregate of all
sums borrowed and outstanding shall never exceed, in any
year, one-fourth of the town revenue for that year.
injobteduese. § 3. To provide and appropriate money for the pay-
ment of all debts ahd expenses of the town.
Appohitmeut § 4, To appoint a clerk, street commissioner, and such
other ofiicers as they may deem expedient for carrying this
act into full elFect, and to prescribe their duties; to require
all ofiicers so appointed to take an oath for the faithful per-
formance of such duties, and to give bonds, with such se-
curities and penalties as may be proscribed by ordinance.
compeasation »^ 5. To fix the Compensation of town officers, regulate
the fees of jurors, witnesses and others for services rendered
under this act, and to remove from olfice any person ap-
pointed by them.
ol' officers.
TOWNS — INCOKPOEATEI). 551
§ 6. To make regulations to prevent the introduction contagious ais-
of contagious diseases into tlie town.
§ 7. To make regulations to secure the general health General health.
of the inhabitants ; to declare what shall be deemed a nui-
sance, and to prevent, abate and remove the same, and to
punish the authors thereof.
§ 8. To open, alter, widen, extend, establish, vacate. Alterations of
abolish, grade, pave or otherwise improve any streets, lanes,
avenues, alleys, roads, squares, commons, parks, or other
public grounds in said town, or any other grounds in said
town, or any other grounds or places belonging to said cor-
poration, and to have exclusive control of the same.
§ 9. To build and keei) in repair bridges, culverts and Bridges and
. '^ . . ^ ' ^ ° eewers, etc.
street crossings.
§ 10. To provide for protecting, inclosing, adorning or Public grounds,
otherwise improving any squares, commons, parks or other
public grounds in said town or any other grounds or places
belonging to said corporation.
§ 11. To provide for the erection of all needful build- Necdfuibniid-
ings for the use of said town, and to levy special taxes ^"^^'
therefor, when authorized so to do by a majority of the
legal voters of the town at any election, and to collect the
same as the town taxes are collected.
§ 12. To cause the owners of lots or parts of lots or sidewalks, etc.
lands on any street or alley or square to improve the side-
walks in front of their respective lands, by grading, paving,
planking or otherwise, as may be directed by ordinance,
and keep the same in good repair ; and if any owner or his
agent shall refuse or neglect to make such improvements
within the time speciiied in such ordinance, or to repair
the same at any time when notified by the street commis-
sioner to do so, the town council shall have power to cause
such improvements or repairs to be made at the expense of
the town, and to assess a special tax upon the owner of
such lots or lands sufficient to cover all costs and charges
therefor ; which tax shall constitute a lien upon such lots or
lands, and be collected, in all respects, as other taxes:
Provided^ that the cost of any such improvement or re-
pairs, with all expenses attending the same, may be re-
covered by suit, brought in the corporate name, 'against the
owner of such lots or lands as for money paid and laid out
for his use and benefit and at his request.
§ 13. To cause all the streets, alleys or lanes, avenues how'^plrformed;
and public lands in the town to be kept in good repair, and,
to this end, they may require every able bodied male in-
habitant thereof, over the age of twenty-one years and un-
der fifty, to labor on such streets, alleys, lanes, avenues or
public grounds, not exceeding four days in each year, or
pay commutation in lieu thereof at the rate of one dollar
for each day they may so be required to labor ; and the in-
habitants of said town are hereby exempted from working
552 TOWNS — INCOKPOE ATED.
on any road beyond the limits of said town and from pay-
ing any tax to procure labor to be done thereon, except the
road tax levied by other districts on property therein.
Survey and plat. § l^- To provide for surveoing, platting, numbering and
recording the plat of any or all out-lots or lands within the
limits of said corporation, not now laid out in town lots, in
said town and the additions thereto, and to cause such out-
lots and lands to be designated by such numbers in the as-
sessment lists, and to sell the same for non-payment of tax-
es by such designation.
Wells, cisterns. §15- "^0 provide the town with water, and to dig wells
and cisterns for the use of the inhabitants.
Prevention and § i6, To provide for the prevention and extinguish-
^f fires^'^^'^*^'^ meat of fires, and to organize and regulate fire companies.
Inspection of § IT. To providc for the inspection and weighing of all
forage and taei. produce and articles for sale, and the measurement of wood
for fuel.
Combustibles. § 18. To regulate the storage of gunpowder, tar, pitch
and other combustible materials.
Eunning at § 19- To restrain, regulate and prohibit the running at
iarge of animals Jarge of horscs, Cattle, slicep, swine and other animals, and
to authorize the distraining, impounding and sale of the
same, when found running at large contrary to any ordi-
nance, and to prohibit the indecent exhibition of horses or
other animals.
Piii-iic pound. § 20, To establish and maintain a public pound, ap-
point a pound master and prescribe his duties.
Eunning at § 21. To prcvcut and regulate the running at large of
large of dogs, dogs, and to authorize the destruction of the same when
running at large contrary to any ordinance.
Hor.=e-rac!ns: § 22. To prevent horse racing or any immoderate ri-
and fast driving ^|-^ , driving withiu the limits of said town of horses or
other animals ; to prevent the abuse of animals, and to
compel persons to fasten their horses or other animals at-
tached to vehicles or otherwise while standing or remaining
in any street, square, vacant lot or other open place in the
town.
Indecencies. § 23. To prohibit and prevent any indecent exposure
of the person or other lewd or shameful practice and pun-
ish persohs guilty thereof.
Prevent riot- § 2i. To ])revcnt, supprcss and prohibit any riot, afiray,
ous conduct. tuHiult Or disturbance of the peace, by loud or unusual
cries, noises or any other disorderly conduct, disorder]}'- as-
semblages, assaults, tissaults and batteries, tiring of squibs,
rockets, guns or other combustibles or fire arms, within the
limits of said town.
Injuring pri- § 25. To prcLibit, prevent and punish anv wanton in-
vale pr, uertv. • . -i , v ^ ^ • . • "
jury to private property, disorderly intrusion upon any
private premises, petty ])ilfering, destruction or injury of
shade, fruit or ornamental trees, or any other disorderly
TOWNS — INCORPORATED. 553
proceedings, endangering or trespassing upon the rights
of private persons or property.
§ 26. To license, tax and regulate theatrical and other ExMUitious.
exhibitions, shows and amusements.
§ 27. To license, tax and regulate auctioneers, peddlers, Aucuouecii?,
hawkers, ordinaries, and gifc enterprise. peddicrs, etc.
§ 28. To restrain, prohibit and suppress tippling supprese [die-
houses, dram shops, gambling houses, bawdy houses, and ^''^'^'^''^ housoe.
other disorderly establishments.
§ 29. To restrain, prohibit and suppress all descrip- Gambling, etc.
tions of gambling, swindling and fraudulent abuses, and to
punish all persons in any manner engaged therein.
§ 30. To license and regulate or suppress and prohibit. Liquors,
the selling, bartering, exchanging, giving away, trafficking
in, or in any manner disposing of, any wine, gin, rum,
brandy, whisky, beer or other vinous, spirituous, malt,
mixed or intoxicating beverages, within the limits of said
town.
§ 31. To provide for taking enumerations of the inhabi- Enumeration
. ''^ ,. . J / ^ of inbabitauts.
tants 01 said town.
§ 32. To pass all ordinances which they may deem General powers.
necessary and proper for carrying into full effect the pro-
visions of this act and for the regulation of the municipal .
government of said town, and to execute the same, and
to impose fines, forfeitures and penalties for the violation
of any ordinance or any of the provisions of this act, and
to provide for the enforcement of such ordinances and the
recovery of such fines, forfeitures and penalties in any
manner not repugnant to the constitution of the United
States or of this state: Provided, that in no case shall
any such fine or forfeiture exceed the sum of one hundred
dollars for any one offense ; and any such fine or forfeiture
may be recovered before the police magistrate herein pro-
vided for or any justice of the peace in said county of Ed-
wards, in the corporate name ; and such police magistrate
or justice of the peace may, unless the amount of such
judgment be paid forthwith or satisfactory security given,
issue execution against the goods and chatties of any of-
fender immediately u])on rendition of judgment, or he
may direct that such ofi'ender be held in custody and com-
pelled to work out the amount of such line and costs on the
public streets.
§ 33. To provide for the punishment of offenders «^^^'^^°^'^'^°?''
^. . ',. . .' n 1 • 1 • • flne and penalty
against any ordinance cr provisions of this act, by impris- for.
onment, not to exceed three months for any one offense,
in the county jail, town prison or other secure place, to be
provided by them for that purpose.
§ 34:. The stylo of ordinances of said town shall be siyieof ordi-
'• Be it ordained hy the Tovm Council of the Tovm. of
Albion"
Vol. 111—70
nances.
554
TOWNS — INCOKPORATED.
Record of all
ordinances.
Publication ef
ordinances.
of
Evidence
validity of ordi'
annces.
§ 35. All ordinances passed by the town council shall
be recorded in a book to be kept, for that purpose, which
book, purporting to be a record of the ordinances of said
town, shall be received in evidence in all courts and places,
without further authentication or proof.
§ 36. Printed or written copies of all ordinances passed
by the council shall be posted up in at least three of the
most public places in said town, within thirty days after
their passage ; and all ordinances shall take effect at the
expiration often days after such posting.
I 37. All ordinances of the town may be proven by
the seal of the corporation, and when printed or published
in book or pamphlet form and puri3orting to be printed or
published by authority of the town council, shall be re-
ceived in evidence in all courts and places, without further
authentication or proof; and ordinances of said town prin-
ted and published in any newspaper in Edwards county,
aud purporting to be printed or published by authority of
the town council, shall, in like manner, be received in evi-
dence in all courts and places, without further authentica-
tion or proof.
Chief execu-
ive ofBcer.
Active and vi-
ellant iii enforc-
ing laws.
ARTICLE V.
Section 1. The president shall be the chief executive
officer of the corporation, and as such shall be conservator
of the peace and have power to arrest without warrant
and bring to trial any person guilty of a violation of any
ordinance or provision of this act ; and he may appoint,
from time to time, as the same may appear to him neces-
sary, such watchmen, by day or night, as may be requisite
to preserve the peace in any emergency or apprehended
disturbance, and such watchmen, so appointed, are hereby
authorized to arrest without warrant and conhne any per-
son found engaged in any violation of any ordinance of
said town precisely as tlie police constable of said town is
by this act authorized to do; and the said president is
hereby authorized to call upon any white male resident of
said town, over the age of twenty-one years, to aid in the
enforcement of the ordinances of said town, to preserve the
peace ; and any person who shall fail or refuse to obey
such call shall forfeit and pay the said town a fine not ex-
ceeding ten dollars.
^ 2. He shall be active and vigilant in enforcing the
laws and ordinances for the government of said town.
Ho shall inspect the conduct of all subordinate officers of
the town, and cause negligence aud positive violations of
duty to be prosecuted and punished, and shall have power,
whenever he may deem it necessary, to require of any
officef of sfjid town an exhibition of bis books and papers.
TOWNS — INCOEPOKATED. 555
§ 3. He shall preside at all meetings of the town couii- Presiding officer
cil, preserve order, and have a casting vote in ease of a tie,
but no other. In case of his nou-attendanc6 at any meet-
ing, the council shall appoint one of their number to pre-
side at such meeting.
§ 4. The president or any two members may call a special meet-
special meeting of the town council. '°°'**
§ 5. His signature to any paper or document, as presi- cof'^rajfj® °^
dent of the town of Albion, with that of the clerk, attested
by the seal of the town or their own private seals, shall
constitute the signature of said corporation.
§ 6. He shall perform such other additional acts and Pnniier duties.
duties as may be required of him by ordinance.
ARTICLE VI.
Section 1. At the election to be held in said town on Election ^of
the fourth Tuesday of ISToveraber next, and at such elec- Frate.^ ma^is-
tion on every fourth year thereafter, a police magistrate of
the town of Albion shall be elected, who shall continue in
office until his successor is elected and qualified.
^ 2. Said police magistrate shall be commissioned and JunedictioD or
quaimed m the same manner as justices or the peace are, trate.
and shall have the same jurisdiction, powers, and emolu-
ments as other justices of the peace in Edwards county.
He shall be a conservator of the peace for said town, and
shall have jurisdiction in all cases arising under the ordi-
nances of the town, and shall be entitled to the same fees
for his services as are now allowed to justices of the peace
in similar cases under the laws of this state, and to be col-
lected in the same manner.
§ 3. It is hereby made the duty of the police constable Duties of the
of said town and of all constables of Edwards county to ^°°^*^ ^^"
execute any process or order issued or made by such po-
lice magistrate in the county of Edwards, in the same man-
ner as processes are executed from other justices of the
peace.
ARTICLE VII.
Section 1. The town council shall cause to be published re^elpts^aud esf
at the close of each year a complete statement of the peuditures.
receipts and expenditures of the town during the year.
§ 2. The members of the town council, or any two of if^Jj"^ °^ ®'"*^'
them, shall be judges of the annual election held in pursu-
ance of this act, and such special elections as may be or-
dered by them, and shall conduct the same in such man-
ner as may be prescribed by ordinance.
§ 3. All lines imposed and collected for violation of tre^'"„'re-r''^ '°
any of the ordinances of said town, and all license fees and
other moneys collected by virtue of this act or any ordi-
nances passed in pursuance of this act, shall be paid into
556 TOWNS — INCORPOEATED.
the treasury of said town by the officers, receiving the same,
and shall constitute a part of the general fund thereof.
Appeals allowed § 4. AppeaTs shall be allowed from decisions, in all
cases arising under the provisions of this act or any ordi-
nances passed in pursuance thereof, to the circuit court of
Edwards county, and every such appeal shall be granted
in the same manner and with like effects as appeals are
taken from and granted by justices of the peace to the cir-
cuit court in similar cases under the laws of this state.
Jury trial. § 5. The right of trial by jury shall be allowed to any
person charged with a violation of any of the provisions of
this act or a breach of any ordinance of said town.
Jurisdiction ot § 0, The policc coustablo to be appointed by the town
police eoustabie (jQ^jj^j^j^ as hereinbefore provided, shall have the same
power and authority in all cases arising ujjder the laws of
this state as other constables in Edwards county, and shall
have the same right throughout the county of Edwards to
serve any process issued by any court as other constables,
and he shall have authority, and it shall be his duty to ar-
rest, without warrant, any person found engaged in a vio-
lation of any ordinances of said town or any person liable
to escape before warrant can be procured, and confine such
persons in the town prison or other secure place or hold
him in custody until he may be brought to trial ; and any
person who shall forcibly resist said police constable in the
discharge of his duty, shall, upon conviction thereof, forfeit
and pay a fine not exceeding one hundred dollars nor less
than ten.
Competent wit- § 7. Any member of the town council or other officer
of said town shall be a competent witness in any suit, ac-
tion or prosecution wherein the town of Albion may be a
party.
suitsiuetitnted. § 8. All suits, actions and prosecutions instituted, com-
menced or brought by the corporation hereby created,
shall be instituted, commenced and prosecuted in the name
of the town of Albion.
Old orciinances § 9. All ordinances and resolutions passcd by the presi-
vaiid. ^Igj^|. j^j^Q trustees of the town of Albion shall remain in
force until the same shall be repealed by the town council
hereby created.
Actions voBtcd § 10. All actions, lines, penalties, forfeitures and claims,
in corporation, ^jji^h liavc accrucd to the ])resident and trustees of the
town of Albion, shall be vested in and prosecuted by the cor-
])oration hereby created ; and all liabilities incurred and
obligations entered into by or with the said president and
trustees shall be performed and executed to or by the cor-
poration hereby created.
Property vrstod g H. All projjcrty, real and personal, money or choses
n corpora ion. .^^ jictioii, heretofore belonging to the president and trustees
of the town of Albion, shall bo and the same is hereby de-
clared to be vested in the corporation createdby this act.
•TOWNS — INCORPOKATED. 557
§ 12. The town council hereby established shall, ini- Pfonmigate act.
mediately after the passage of this act, take measures to
promulgate this law within the limits of the town of Al-
bion.
§ 13. It shall be the duty of the sheriff, and all deputy wmfui vioia-
sheriffs of Edwards county, and the police magistrate of [S.*^''^^ ''""'
said town, and the town constables of said town, and
every member of the town council or board of trustees
herein provided for, to immediately cause every person to
bo arrested and brought to trial who sliall violate any of
the ordinances of said town, wlien such violation shall in
any way come to their knowledge, and for any falure so to
do any such officer shall be liable to indictment by the
grand jury of Edwards county, and, on conviction, shall be
fined in the sum of ten dollars and cost of prosecution,
or such person or ofticer shall be liable to be sued before
the police magistrate, and, on conviction, be fined the sum
of ten dollars, to be collected as other fines herein provi-
ded for.
§ 14. All fines, forfeitures, convictions, penalties, and all Licenses paid
moneys which shall be received from licensing groceries
etc., shall be paid into the treasury of said town, for the
use of said town.
§ 15. This act shall be and is deemed a public act, and
shall be in force from and effect from and after its pas-
sage.
In force April 16, 1869.
I, Edwakd EuMMiiL, Secretary of State, do hereby certify that the foregoing act of
the Twenty-sixth General Assembly of the State of Illinois wns tiled in the office of the
Secretary of State, April l(i, 18lJ9, without the signature of the Governor, but, by virtue
of Section 21, Article IV, or the Constitution of this State, the same is now declared a
law, having been retained over ten days by the Governor after its reception.
EDWAHD KUMMEL, Scchj of State.
AN ACT to incorporate the town of Annawan, in the county of Ilcnrj, i^ forco March
and state of Ilhnois, " 31, 1869.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly, That the
inhabitants of the town of Annawan, in the county of
Henry, and state of Illinois, be and they are hereby con-
stituted a body politic and corporate, by the name and style
of "The town of Annawan ; " and, by that name, shall Name and style.
have perpetual succession, and may have and use a common
seal, which they may alter and change at pleasure.
§ 2. The boundaries of said town shall be as follows : Boundaries.
Commencing at the south-west corner of the south-west
quarter of section number three, in township number six-
teen north, of range five east of the fourth principal me-
558
TOWNS — INCOKPOEATED.
Additional ter-
ritory.
Corporate pow-
ers.
ridian ; thence east, on [the] section line, three-qnarters of
a mile, to the south-east corner of the west one-half of the
south-east quarter of said section ; thence north, on east
line of said west one-half, to the north-east corner of the
same; thence west, on one-half section line, to north-west
corner of said south-west quarter ; thence south, on section
line, to place of beginning : also, commencing at the south-
west corner of section three (3), and running south, on the
west line of section ten (10), forty rods ; thence east three-
fourths (f ) of one mile ; thence north forty (40) rods, to the
south-east corner of the south-west quarter of the south-east
quarter of section three (3) ; thence west to place of begin-
ning— this tract being in section ten, township and range as
above,
§ 3. Whenever any tract of land adjoining said town
shall be laid off into town lots, according to law, the same
shall be annexed to and form a part of said town.
§ 4. The inhabitants of said town, by the name and
style aforesaid, shall have power to sue and be sued, to
plead and be impleaded, to defend and be defended, in all
courts of law and equity, and in all actions whatsoever; to
purchase, receive and hold property, real and personal, in
said town, and to purchase, receive and hold property, real,
beyond the limits of said town, for burial grounds or other
purposes, for the use of the inhabitants of said town ; and
to sell, lease, convey and improve property, real and per-
sonal, for the benefit of said town, and to do all other things
in relation thereto, as natural persons.
ARTICLE II.
OF THE TOWX COUNCIL.
Council.
Quftliflcation
for members.
Olllcc vacfitcd.
IQiuilifications
and rcliirus of
memba'8.
Qiiorniu to do
bnsinesji.
Section 1. There shall be a town council, to consist of
a president and four trustees, to be chosen annually by the
qualified voters of said town.
§ 2. No person shall be a member of the town council,
unless he shall be, at the time of, and shall have been one
year immediately preceding, his election, a resident of the
town and a freeholder therein, and shall be, at the time of
his election, twenty-one years of age.
§ 3. If any member of the town council shall, during
the term of his ofiice, remove from town, his ofiice shall
thereby be vacated.
§ 4. The town council shall judge of the qualifications,
elections and returns of its own members, and shall deter-
mine all contested elections. They shall have power, by a
vote of two-thirds of all the members of said council, to
expel a member ; and make such other rules and regula-
tions for their government as to them may seem meet and
proper,
§ 5. A majority of the town council shall constitute a
quorum to do business, but a smaller number may adjourn
TOWNS — INCORPORATED. f,59
from time to time, and may compel the attendance of ab-
sent members, under such fines and penalties as may be
prescribed by ordinance.
§ 6. The town council shall keep a journal of its pro- jonrnai of pro-
ceedings, which shall be subject to inspection. ceediugs.
§ 7. All vacancies that shall occur in the town council vacancie?, how
shall be tilled by a))pointment of the town council. *"®'^"
§ 8. Each member of the town council, before entering oatb of office,
upon the duties of his office, shall take and subscribe an
oath that he will support the constitution of the United
States and of this state, and that he will well and truly
perform the duties of his office to the best of his ability.
§ 9. There shall be three regular meetings of the town stated meetiugs
council in each year, at such times as the town council may
appoint. Special meetings may be called at any time by
the president.
ARTICLE III.
Section 1. There shall be elected in the town of Anna- Election of
wan, by the qualified voters thereof, on the first Monday of °
May, A.D. 1S69, and on the first Monday of May every four
years thereafter, one police magistrate and one town con-
stable, who shall hold their respective offices for four years,
and until their successors in office shall be elected and
qualified.
§ 2. No person shall be eligible to the office of police EUgibUity of
magistrate, or to the office of town constable, who shall not E-ate^ magis-
have been a resident of the town for one year next preced-
ing his election, or who shall be under twenty-one years of
age, or who shall not be a citizen of the United States.
§ 3. The election for police magistrate and town con- Election of
stable shall be conducted, and the returns thereof made, in tr^ate! '"'^^'^'
the same manner as the elections and returns of other jus-
tices of the peace and constables : Provided^ such election
shall be held at the same place and time, and shall be con-
ducted by the same judges of election, for members of the
town council.
§ 4. The police magistrate shall have the same general JtinsdicUonof
jurisdiction as other justices of the peace, arising under the IratT ^^^^^'
laws of this state, and shall be entitled to the same fees for
his services as other justices of the peace in similar cases ;
and he shall have exclusive original jurisdiction of all cases
arising under the ordinances of the corporation, except, in
case of sickness or absence from town, or from other causes,
he is unable to attend to the duties of his office.
§ 5. The town constable shall give bond and enter upon Election of
the duties of his office in the same manner as other consta- constable,
bles, and shall have the same power to serve writs, and
within the same jurisdiction, and shall be entitled to the
same fees as other constables ; he shall, besides, perform
such other duties as the town council shall from time to
560 TO"WNS — INCOEPOKATED.
time prescribe, for which he shall receive such compensa-
tion as the town council shall allow.
Penalty for § 6. In casc the policc magistrate shall at any time be
neglect of "duty, gulltj of palpable omissiou of duty, or shall willfully or
corruptly be guilty of oppression, malconduct or partiality
in the discbarge of the duties of his office, he shall be lia-
ble to be indicted in the circuit court of Henry county,
and, on conviction, shall be fined in any sum not exceeding
iiye hundred dollars, and be removed irom office.
ARTICLE IV.
OF ELECTIONS.
First election. SECTION 1. The first clcction under this act shall be
held on the first Monday of May, A.D. 1869, in said town,
tor the president and four members of the town council ;
aud forever thereafter, on the first Monday of May of each
year, there shall be an election held for said officers.
Election leturus § 2. The first election shall be held, conducted, aud
returns thereof made, as may be provided by the present
trustees of the town of Annawan, and all succeeding elec-
tions as may be provided by ordinance by the town council
by this act created.
Deeiared an § 3. For the clectiou of the officers created by this
election precinct charter, the town of Annawan, as herein described, is
hereby declared an election precinct. All persons who are
CD titled to vote for state officers, aud who shall have been
actual residents of said town for sixty days next preceding
any election for said town officers, shall be entitled to vote
at such election.
No akicrmaii § ^. No member of the town council shall, during the
ticc?"''^'''^'^ '"^ "*^" '^^'"^ *-'^ ^^^^ olHce, be appointed to any office under the au-
thority of the council.
ARTICLE V.
OF THE LEGISLATIVE POWERS OF THE COUNCIL.
leaTaxe"*^ '"''" SECTION 1. The towu couucil shall have power and au-
thority to levy and collect taxes upon all property, real and
personal, in said town, which ia now or hereafter may be
subject to taxation for state or county purposes, not ex-
ceeding two per centum upon the assessed value thereof;
which said taxes shall be assessed by the assessor of the
town (by the town last referred to is meant the town created
by township organization) of Annawan, and collected by
the collector of the same, with the other taxes of said town,
and, to that end, the county clerk of Henry county shall,
upon the order of said town council, extend againstrall the
taxable property of and within said corporation such tax
as may be ordered as aforesaid, not exceeding two per cent.,
under the head and caption of " corporation tax; " and the
same, when collected, shall bo paid to the treasurer of said
town.
TOWNS — INCORPORATED. 561
§ 2. The town council shall have power to appoint a Appointment
clerk, treasurer and street commissioner, and all such other "' °^''^^^-
officers as may be necessary, and prescribe their duties,
and to require of all officers appointed in pursuance of this
charter, bonds, with such penalties and security tor the
faithful pertormance of their duty as may be deemed expe-
dient ; also, to require all officers appointed, as aforesaid,
to take an oath for the faithful performance of the duties
of their respective offices, before enterint; upon the dis-
charoje of the same.
§ 3. To appropriate money, and to provide for the pay- Appropriations,
ment of tlie debts and expenses of the town.
g 4. To make regulations to secure the general health General health.
of the inhabitants of the town ; to prevent the introduction
and spread of contagious diseases, and to determine what
shall be a nuisance, and to provide for the punishment,
removal and abatement of the same within one mile each
way of the corporate limits of said town.
§ 5. To provide the town with water ; to sink and keep ^lovide water.
in repair wells and pumps in the streets, fur the conveni-
ence of the inhabitants.
§ 6. To provide for the prevention and extinguishment ^(f/j^r^'^^^"^®"''
of fires, and to organize and establish fire companies.
§ 7. To open, 'alter, abolish, extend, grade, pave or j,^^°^^^r^^o hn-
otherwise improve and keep in repair the streets and alleys
of said town, and to erect and keep in repair bridges within
the limits of the town.
§ 8. To provide for the erection of all needful buildings BiuWings.
for the use of said town, and to provide fur inclosing, lay-
ing oft", improving and regulating all public grounds, squares
and burying grounds belonging to the town.
§ 9. To regulate partition fences, and to provide for the waiis, fences.
inspection of hay, corn, wheat, oats and other grains, stone
coal, and for the measurement of wood and fuel to be used
in said town.
§ 10. To compel persons to fasten horses, mules and Fasten animals.
other animals attached to vehicles, while standing upon
any square, street, lane, alley or uninclosed lot in said
town.
§ 11. To prevent the running at large of mischievous KiiuDiHg at
or diseased animals, and to prevent the indecent exposure and cat'tL!''"^^''^
of horses and other animals, and to impose penalties upon
the owner or owners of such animals for the violation uf
any ordinance in relation thereto.
§ V2. To regulate or prohibit the running at large of
horses, mules, cattle, sheep, swine, goats or dogs within the
limits of the town, and provide for the destruction of dogs
when running at large contrary to ordinance.
§ 13. To'regulate the storage and sale of tar, pitch, gun- combustibles,
powder and other combustible materials, and to prevent the
Vol. III-71
562 TOWNS — INOOKPORATED.
tiring of guns and other fire-arms or combustibles within
the limits of said town.
License sale § 14. To liceuso and regulate or suppress and prohibit
of liquors. ^-^^ gelling, bartering, exchanging, traffic and giving away
of any wine, beer, rum, gin, brandy, whisky or other in-
toxicating liquors ; but no license for any purpose shall be
granted to extend beyond the period when the successors
of the members of the town council granting the same shall
be elected and qualified.
Sidewalks, etc. § 15. To make, construct and keep in repair sidewalks
and such other public improvements as may be deemed
necessary and proper.
Liibor on the § 16. The towu couucil, for the purpose of keeping the
streets an ^ " gj^j-Qg^-g^ alleys, laucs, aveuues and highways within the
corporate limits in repair, shall have power to require every
able-bodied male inhabitant of said town, over the age of
twenty-one years and under fifty, to labor on such streets,
lanes, avenues, alleys and highways, not more than three
days in each year ; and every person refusing or failing to
perform snch road or street labor, after being notified as
provided by ordinance, shall forfeit and pay two dollars
per day for each day so neglected or refused. The inhabi-
tants of said town shall be exempt from the performance
of road labor and payment of road tax outside the limits
of the town of Annawan ; and the entire jurisdiction of
the roads, highways and bridges in said town shall be held
and exercised by the town council aforesaid.
A\ictioneeis, § lY. To Hcenso, tax and regulate auctioneers, peddlers,
peddlers, etc. gi^(j^g j^nd amuscments and billiard tables.
Tippling houses g i3_ To restrain, prohibit and supprcss tippling liouscs,
dram shops, gaming houses, bawdy houses, and other dis-
orderly houses, and lotteries.
Fast driving. § 19. To prohibit, prevent and suppress horse racing,
immoderate driving and riding in the streets, and to pro-
hibit and punish the abuse of animals.
nofses'^Vt^'^'^^^^' ^ ^^' '^'^ prevent and suppress riots, routs, afii'rays,
' ■ noises, disturbances or disorderly assemblies in any public
or private place within the corporate limits, and to restrain
and punish vagrants, mendicants, beggars and prostitutes.
Railroad tracks ^ 21. To establish crosslngs on" railroads within the
and crossings. " , ,. . , , " , , , ^.
corporate limits and make necessary rules and regulations
for keeping the same unobstructed ; to regulate the speed
that railroad engines and trains may run within the corpo-
rate limits, and to prevent the obstruction of streets and
alleys by the standing of cars upon the same, and to re-
([uire raih-oad companies to keep their ditches and bridges
within tiio corporate limits in such condition as shall not
endanger the lives or health of the inhabitants of said town.
Compensation ^ 2. To tix tlic Compensation of town officers, and rcgu-
ofoffloers. kite the fees of jurors, witnesses and others, for services
rendered under this act or any ordinance^ except when
otherwise provided.
TOWNS — INCOEPOEATED. 563
6 23. To impose fines, forfeitures and penalties for the Fmes, forfeit-
breach of any ordinance, and to provide lor the recovery
and appropriations of such fines and forfeitures and for the
enforcement of such penalties; and to provide for the pun-
ishment of offenders, by imprisonment in any secure place
for a period not exceeding sixty days for any one offence,
in all cases when such offenders shall fail or refuse to pay
the fines, forfeitures and penalties which may be recovered
against them.
ARTICLE VI.
ORDINANCES, ETC.
Section 1. The town council shall have power to make po^,°^^f °'' ^^®
all ordinances which shall be necessary and proper for
carrying into effect and executing the powers specified in
this act, so that such ordinances shall not be repugnant to
the constitution of this state and of the United States.
The style of the ordinances shall be, "-5e it ordained hy the
Town Council of the Ibion of Annawan^ All ordinances
shall, within two weeks after they are passed, be published
at least once in a newspaper in said town, or if no news-
paper is published in said town, by posting copies of said
ordinance in three public places in said town ; and the cer-
tificate of the publishers of said newspaper or of the clerk
of the town council, under the seal of the corporation,
shall be prima facie evidence of such publication. JNo
ordinance shall take effect until published as aforesaid.
§ 2. Ordinances may be proved by the certificate of the ^ ^''°°^ °' °''^'-
clerk of said town council, attested by the seal of said cor-
poration, and when printed or published in book or pamph-
let form and purporting to be printed or published by
authority of the town council, such ordinances shall be re-
ceived as evidence in all courts and places without further
proof : Provided, said clerk shall keep a book, in which he
shall record each ordinance when passed and published as
aforesaid, and to each ordinance shall attach his certificate
of its publication and aflix the seal of said town, which said
book shall be received in evidence in all courts, without
further proof than said seal affords.
§ 3. All suits for the recovery of penalties for the breach of^action of debt
of any ordinance of said town shall be in the form of an
action of debt or assumpsit, specifying under what particu-
lar ordinance the said action is brought, before the police
magistrate of the town, except when any person shall make
oath or affirmation that any ordinance has been violated,
when it shall be the duty of the police magistrate to issue
a warrant for the apprehension of such offender or oflend-
ers. Changes of venue, appeals and writs of certiorari Appeals allowed
shall be allowed, in all cases, by making such affidavits and
complying with such requirements as are prescribed in like
cases before justices of the peace: Provided, that said cor-
poration shall be allowed to appeal in any case in which
504 TOWNS — INCOEPORATED.
tbey are parties, by causing their clerk to execute a bond,
in the name of said town of Annawan, in the form now
prescribed by law in other cases, without other security ;
and an order entered on the records of said corporation,
directing said appeal, shall be sufficient evidence of the
authority of said clerk to sign said bond.
Jury trial. § 4. The right of trial by jury shall in no case be denied
to any person charged with a breach of any of the provis-
ions of this act or any ordinance.
Moneys go into g 5. All moucy arising from taxes, fines, licenses or
reasury. ^^^^^^ ^^^ Other sourcc whatsocvcr, under or by virtue of
this act or any ordinance, shall go into the treasury of said
town, and be subject, exclusively, to the control and benefit
of said corporation, including fines for assaults and battery
committed within said town.
Suits iuBfituted § 6. All suits, actions and prosecutions instituted and
innameoftowa commenced by the corporation hereby created shall be in-
stituted, commenced or prosecuted in the name of the town
of Annawan.
Actions vpsted § 7. AH actious, fiucs, penalties and forfeitures which
in corporation. \^r^^yQ accrucd to the president and trustees of the town of
Annawan, shall be vested in and prosecuted by the cor po-
tion hereby created ; and all ordinances passed and acts
done heretofore by the president and trustees of the town
of Annawan are by this act legalized and affirmed, the same
as if the same had been done by the corporation hereby
created.
§ 8. All actions commenced against this corporation
shall bo commenced against them by the name and style of
" The Town of Annawan," and service of process, to be
legal, must be had by copy upon the president of said town
council, or in case of his absence upon tlie clerk thereof.
ARTICLE VII.
OP THE PRESIDENT.
Presiding Officer SECTION 1. Tlic president sliall preside at all meetings
of the town council, and shall have a casting vote and no
other ; and in case of his non-attendance at any meeting
the council shall appoint one of their number chairman,
who shall preside at that meeting. After any ordinance
shall have been passed by a majority of the town council,
it shall then be submitted to the president for his approval
• or rejection. If the president approves the same he shall
signify such approval by writing upon the said ordinance
the word " approved" and signing his name thereto, and
return the same to the town council or to its clerk, without
unnecessary delay, when the same shall be published as
Kcjociion of heretofore provided. If the president rejects any ordinance
ort nauce.s. j^^ glmW rctum it to tlio towu couucil within two weeks
after lie shall have received the same, with his objections
thereto. If after the president shall have rejected any
tOWNS — INCORPORATED. 5 G5
ordinance, as aforesaid, it shall be again submitted to tlio
town council for its adoption or rejection, and if upon such
submission it shall receive a vote of three-fourths of the
members of the town council, it shall then become a law
of said corporation, after due publication, notwithstanding
the rejection or disapproval of said president. If the presi-
dent shall not, within the said two weeks, return to the
town council or its clerk any ordinance rejected by hiin,
the same shall be deemed to have been approved by him, |
and after publication, as herein ])rovided, shall be deemed
a valid and legal ordinance, binding upon and in the said
corporation.
§ 2. The president is hereby authorized to call on any inhabUantBto
male inhabitant of said town, over the age of twenty -one the laws!" " ^
years, to aid in enforcing the laws and ordinances thereof;
and any person who shall not obey such call shall forfeit
and pay, for the use of said town, any sum not exceeding
ten dollars, to be recovered in the same manner as other
penalties under this act.
§ 3. The president shall have power, whenever he may Kshibit of
deem it necessary, to require of any officer of said town an ^^^^^^ ""^ p^'
exhibit of his books and papers, and shall have power to
do all other acts required of him by any ordinance made
in pursuance of this act.
ARTICLE VIII.
OF rR0CKEm.\G3 IN SPFXTAL CASES.
Section 1. Whenever it shall be necessary to take pri- oppning streets
/, . ... 1 1 . . ^ au'l alleys.
vate property tor opening or altering any public street,
alley or avenue, the corporation shall make just compen-
sation to the owner of such property, and pay or tender
the same, before opening or altering such street or alley,
and in case the amount of such compensation cannot be
agreed upon, the police magistrate shall cause the same to
be ascertained by a jury of six disinterested freeholders of
the town.
§ 2. Whenever all the owners of property on a street, Pet't»«n-
alley or avenue proposed to be opened or altered shall pe-
tition therefor, the town council shall provide for the open-
ing or altering the same; but no compensation shall 1)0
allowed to such owners for their ])roperty taken.
§ 3. All jurors impannelled to inquire into the amount Hcnents and
of benefits or damages which shall happen to the owner or "'"'^^'"
owners of property proposed to be taken for opening or
altering any street, alley or avenue shall lirst be sworn to
that efi'ect, and shall return to the police magistrate their
inquest, signed by each juror : Provided^ always^ in the
assessment of such damages the jury shall take into con-
sideration the beneiits as well as injury happening to the
owner of ])roperty proposed to bo taken for opening or
altering a street, alloy or avenue by such opening or altering.
506 TOWNS — INOOEPORATED.
ARTICLE IX.
MISCELLANEOUS PROVISION'S.
Vacancies, how SECTION 1. Whenever the police magistrate or town
filled. constable shall remove from town, resign or die, or his office
shall be otherwise vacated, the town comicil shall immedi-
ately provide for filling such vacancy by an election ; and
whenever the office of police justice shall be vacant, ac-
tions under this act or any ordinances in pursuance there-
of, may be brought and commenced before any justice of
the peace of the town of Annawan, in Henry county, until
such vacancy shall be filled.
§ 2. This act is hereby declared to be a public act, and
and may be read in evidence in all courts of law and equity,
without proof, and shall be in force from and after its
passage.
Approved March 31, 1S69.
BoiindaviCB.
Ill force .Tune AN ACT to incorporate the town of Ashland, in Cass county.
Section 1. Be it enacted hy the People of the State of
Illinois, rejpresented m the. General Asse^nbly, That the
inhabitants and residents of the town of Ashland, in the
county of Cass, be and they are hereby made a body cor-
porate and politic in law and in fact, by the name and style
Name aud style, of "The President and Board of Trustees of the Town of
Ashland ;" and, by that name, shall have perpetual succes-
sion, and a common seal which they may alter at pleasure,
and in whom the government of the corporation shall be
vested, and by whom its affiiirs shall be managed.
§ 2. The boundaries of said town of Ashland shall in-
clude one square mile of territory, being the following par-
cels ot laud, to wit: East half of southeast quarter of sec-
tion twenty-nine ; also, east half of northeast quarter of sec-
tion thirty-two (32) ; also, northeast quarter of section
thirty-three (33); also, west half of the northeast quarter of
section thirty-three (33) ; also, southwest quarter of section
twenty-eight (28) ; also, west half of the southeast [quar-
ter of] section twenty-eight (28), in township Ko. seven-
teen north, of range No. eight west, of the third principal
meridian. And whenever a tract of land adjoining said
town shall be at any time laid off or sub-divided into town
lots and recorded as an addition to said town, such tract
shall become and bo from the time of recording the same,
by the recorder of Cass county, a part of said town, and
within the corporate limits thereof, and subject to all the
provisions of this act.
TOWNS — INOORPOBATED. 567
§ 3. The inhabitants of said town, by the name and coiporaiepow-
style aforesaid, shall have power to sue and be sued, to ^"'
plead and be impleaded, defend and be defended, in all
courts of law and equity and in all actions wliatever ; to
purchase, receive and hold property, real and personal, in
said town; to purchase, receive and hold property, both
real and personal, beyond or within the corporate limits,
for burial grounds and for other public purposes, for the use
of the inhabitants of said town ; to sell, to lease or dispose
of property, real and personal, for the benefit of said town,
and to improve and protect such property, and to do all
other things in relation thereto the same as natural persons
may or can do them.
§ 4. The corporate powers and dnties of said town shall . Power? vested
be vested in a president and five trustees, who shall form a '
board for the transaction of business, and who shall be
elected by the qualified voters of said corporation, as here-
inafter directed ; also, shall hold their oflices for one year
and until their successors are elected and qualified ; they
shall receive no compensation for their services, except that
they shall be exempt from road labor during the time they
are in ofiice.
§ 5. The president shall preside at all meetings of the Presiding officer
town council, and shall have a casting vote, and no other,
and in case of his non-attendance at any meeting, the coun-
cil shall appoint one of ^their number chairman, who shall
preside at that meeting.
§ 6. The president or any two members of the board . special meet-
may call special meetings of the town board. The presi-
dent shall be active and vigilant in enforcing the laws and
ordinances for the government of the town. He shall in-
spect the conduct of all the subordinate oflicers of the town,
and cause negligence and positive violations of duty to be ■
prosecuted and punished ; and he is hereby authorized to
call on any male inhabitant of said town, over the age of
twenty-one years, to aid in enforcing the laws and ordinan-
ces thereof ; and any person who shall not obey such call
shall forfeit and pay to such town a fine of not exceeding
ten dollars.
§ 7. He shall have power, whenever he may deem it . Books oicu for
necessary, to require of any officer of said town an exhibit "^^''^*^ '""'
of his books and papers, and shall have power to do all
other acts required of him by any ordinance in pursuance
of this act.
§ S. There shall be one town constable, one town treas- ^1^°^^^ 'tr^^
urer, (who shall be, ex officio^ assessor), one street commis- tees,
sioner, and one town clerk, who shall be chosen by the
board of trustees at their first regular meeting after they
are elected and qualified, or at as early a day thereafter as
may be practicable, who shall hold their office one year or
until their successors shall be elected and qualified, unless
568 TOWNS — INCOKPORATE©.
removed for good cause by said board of trustees : Prom-
(led, that the town constable and treasurer may be elected
by the legal voters of said corporation, if thought best by
the board. The said officers shall receive such compensa-
tion for their services as the board may allow, except the
constable, who shall be allowed the same as other con-
stables.
Quaiificaiious § 9. No persou sliall be entitled to vote or hold office
electors. y^wddv this act who shall not be a citizen of the United
States, and shall not be twenty-one years of age, and shall
not have resided in said corporation at least six mouths,
and shall not have resided in the state twelve months pre-
ceding the time of the election.
Officers to give § 10. The treasurer, clcrk, street commissioner and at-
^*'°'*" torney shall, at the first regular meeting of the board of
trustees after their election, or sooner, respectively, give
bund, with one or more securities, to be approved by the
board, in a penalty of at least five hundred dollars, condi-
tioned for the faithful discharge of their duties, respective-
ly ; and the constable shall give bond in the amount and
with security required by law in case of other constables, to
be approved by said board.
Notice of eicc- § H- It sliall be the duty of the town clerk to give no-
"o'l- tice of all regular and special elections, by publication in a
newspaper, if at the time there be a newspaper published
in said town, and if there be no such paper published in
the town, by posting up notices in three of the most public
places in the town, specifying the time and place of holding
the same, at least ten days previous thereto.
Hetiirusofeiec- ^ ^2. The board of trustccs shall be the judges of the
(puilifications, returns and election of their own members
and of all other officers of the town ; they shall have power
to fill all vacancies in the board, occasioned by death, res-
ignation, for the time of three months ; if for a longer
term, the vacancies must be filled by an election, the same
Quorum. ^^^ jj^, conducted as a regular election. A majority of the
board shall constitute a (piorum to do business, but a smaller
number may adjourn from day to day ; may compel the at-
tendance of absent members, and, under such penalties as
the board nuiy provide, they may determine their rules uf
proceeding and nuiy make such other rules and regulations
for their government as they may deem expedient. If any
member of the board shall be absent from the meeting of
tiie board for three months the board may declare his of-
fice vacated and order an election to fill such vacancy, if he
has a longer time to servo than three months, or they may
appoint to fill such vacancy for three months.
Moiioandmau- g 13. Tho president and trustees shall constitute a
uer of eiectiou. -^^r,^^^ ^^ elcctiou, two of wlioui sliall act as clerk, and who
shall open the poll at nine o'clock in the forenoon and keep
the Banic open [till] five o'clock in the afternoon. Before
TOWNS — INCORPORATED. 569
enterins^ upon the duties of judges and clerks of election
they shall be sworn to discharge faithfully their duties as
such officers, which oath may be adniiuistered by president
of the board, any acting justice of the peace iu said county,
or by one of their own number. If any member of the board Absence of the
on election days should be absent from town or refuse to serve members.
on election as judges or clerk, those members present may
appoint persons to take their place, who must be sworn as
the other judges and clerks are. Said elections shall be by
ballot, and shall be conducted as other elections for county
and state officers, except as herein provided. After the
polls are closed the votes shall be counted, and the books,
with the proper certificate and ballots, shall be sealed up
and kept by one of the board, and not opened until the nexc
regular meeting of the board, when any person may have
the right to contest the election of any officer who claims
to be elected, but not afterwards. The board shall have
power to determine the merits of the contest for said office.
§ 14. There shall be elected at the first regular election First election.
of corporation officers, and every four years thereafter, a
police justice of the peace, who shall hold his office in said
corporation, and shall have all the powers and jurisdictions
of other justices of the peace, who shall give bond, be com-
missioned and qualilied in the same manner as other jus-
tices. At the election at which said justice is to be chosen,
the officers of election, as judges and clerks, shall make out
and forward to the county clerk of Cass county returns of
the same, exactly as in the election of other justices of the
peace. Said justice shall have exclusive jurisdiction over . Jurisdiction of
all suits growing out of violations of any of the ordinances''/' '''' ^^'^^^'
of said corporation, except in his absence or inability to
serve, when ihe next nearest justice in the county shall
have power to act. The said justice of the peace shall,
also, have concurrent jurisdiction with other justices of tlje
peace in Cass county, and be subjected to all provisions of
law relative to other justices of the peace.
§ 15. The president, trustees and all other officers of oath of office,
the corporation, before entering upon the duties of their
offices, shall take an oath before some justice of the peace
to support the constitution of the United States and of this
state, and faithfully and impartially to discharge the duties
of their several offices.
§ 16. The board of trustees shall have power to levy Levy and coi-
and collect taxes for general purposes, annually, upon all ^^* '^^"
real and personal estate within the limits of said corpora-
tion, not exceeding fifty cents on each hundred dollars,
upon the assessed value ; to make general regulations to se- General health,
cure the general health of the inhabitants ; "to prevent and
remove nuisance ; to restrain stock of all kinds and dogs
from running at large; to erect and keep in repair bridges ; Bridges,
to restrain, prohibit, license and regulate auctions, shows,
Vol. Ill— 72
570 TOWNS — INCORPOKATED.
exhibitions and other performances, for the admittance to
Liquors. which monej is charged ; to regulate, restrain and entirely
prohibit t)ie sale or the having m possession for sale of any
vinous, spirituous or malt liquors or of any fermented li-
quors, lager beer, cider or any intoxicating drinks, and to
impose penalties and forfeitures therefor; to prohibit the
keeping any gaming houses or houses of ill -fame ; to pre-
vent the discharge of tire-arms or fire locks [works] withiu
majket*houses!^ ^^® Corporation ; to establish, erect and keep in repair mar-
kets ; to open and keep in repair streets, lanes and aven'nes
and alleys, drains and sewers, and sidewalks, cross walks,
and to plank, grade or macadamize any street, alley, avenue
or lane in said town ; to establish a lire department, and to
prevent and extinguish tires ; to dig wells and erect pumps
in the streets, for public convenience ; to regulate the stor-
Penaity for vi- age of gun powder and other combustible materials; and
to make from time to time, such ordinances and regula-
tions as shall be found necessary for the public good and
not inconsistent with the constitution of the United States
or of the constitution and laws of this state ; to fix penalties
for the violation of all the ordinances and regulations that
they shall make, ordain or establish, and to provide for
the collection of such penalties and the enforcement of such
ordinances, as they shall deem best.
Appeals may § 17. Appeal and change of venue may be taken and
betakeu. writs of Certiorari allowed from decisious of the justice of
the peace, in any matter growing out of a violation of any
of the town ordinances of said corporation, the same as in
other cases before a justice of the peace.
Dnties of the § 18- The treasurer shall, on the first Monday in the
treasurer. month of September of each year, commence his duties as
assessor, and shall have power to proceed, in every respect,
as county assessors, and shall, within forty days, make out
a full assessment of all the real and personal property in
said corporation, and shall furnish the same to the board of
trustees, who shall, within ten days, proceed to levy the
Duties of tiie tax. The clerk shall, within five days, give notice of the
rate of tax levied, and the book shall then remain in his
hands until the twenty-fifth day of November, subject to
inspection, and during which time any person feeling ag-
grieved by the assessment may go before the board, and his
complaint shall be heard ; and if it shall appear to the trus-
tees that any property has been assessed at too high a rate
they shall have power to modify or reduce the same. The
clerk shall, after the tweuty-tifth day of November, ])ro-
ceed to compute the taxes of the property assessed, at tlie
fixed rate, and make out a correct copy of the assessor's
book, with such alterations as have been made by the board,
if any, extend the taxes due thereon, and certify the same,
and atfix the corporate sual theieto, and place the same in
the hands of the collector of Cass county within ten days,
TOWNS — INCORPORATED. i 1 1
who is empowered and required to proceed and collect the
same and pay over to the president and trustees of said cor-
poration the same, within three months from the time of
receiving such copy of assessor's book : Provided, that if at Enforce pay-
the expiration of that time any portion thereof should re- meut of taxes.
main unpaid, the said collector shall proceed, as in the col-
lection of county and state taxes, to enforce the collection
thereof, and may obtain judgment and sell land for taxes
in arrears as in other cases; for all which he shall be allow-
ed the same commission and cost as for the collection of
otlier taxes.
§ 19. The board of trustees shall have power to bor- May borrow
row money, on the credit of the town : Provided, that the mouey.
amount of borrowed money and the indebtedness of the
corporation, on account of money loaned, shall at no time
exceed one thousand dollars, at a rate of interest not to
exceed ten per cent.
§ 20. No loan or borrowing of money, on account of Question ?nb-
said corporation, shall at any time be made to exceed two ^J[^^f '** '®°''^
lumdred dollars in all, until authorized by a majority of
the legal voters of said corporation, to be determmed by
ballot, for which at least ten days' notice shall be given in
the same manner as other elections.
^ 21. Copies of all ordinances passed by the board of Publication o
trustees shall be posted up m three ot the most public
places in the town, if there be no newspaper published in
the town, but if there be a public newspaper published in
the town, then such copies of the ordinances shall be pub-
lished in such newspaper ; and every ordinance shall take
effect five days after such publication, unless otherwise
provided in the ordinance. It shall be the duty of the ,
clerk to post copies of ordinances, when required by this
act to be posted, and to cause a copy of such ordinances
to be spread upon the records of the town, and to append
his certificate thereto, setting forth the time and places
and manner of such publication, the production of which
certificate or a certified copy thereof shall be "prima facia,
evidence of the fact therein stated, in reference to such
])ublication, in all courts and places whatsoever. In cases
where ordinances are published in a newspaper in said
town, the certificate of the publisher thereof of the fact of
such publishing shall be prima facia evidence thereof
§ 2:4. The lime for holding the first general election General election
for ofiicers imder this act of corporation shall be on the
first Monday in March next, and regularly thereafter on
the first Monday in March, in each year : Provided^ that
if said elections, or any of them, should not beheld at the
time specitied, it shall be lawful to hold the same at any
subseq\ient day, as early as practicable, by due notice
being given, as herein provided, by the clerk or by at least
five legral voters of the town.
572 TOWNS — INCOKPORATED. -
Failure to elect § 23. In casG it should at any time happen that there
not^ to change ^^^^^ ^^^ 1^^ ^ Sufficient number of trustees to hold the an-
nual election, as above specified, or in case there should be
no trustees, the said corporation shall not, for that cause be
deemed dissolved, but an election of trustees and president
and other town officers may be held, in such case, by five
of the legal voters giving notice of the time and place of
holding said election ; and said five legal voters, when
sworn, may open, conduct and close said election the same
as though they were president and trustees.
Election, where § 24. The first regular election for president and trns-
aud when held. ^^^^ ^j^^^ ^^j,^ place on the day and time of day hereinbe-
fore provided for, at such place in the town of Ashland as
the present trustees of the present corporation may ap-
point. The present trustees shall act as judges and clerks
of said election, and proceed according to this act of cor-
poration.
stated meetings g 25. The regular time of meeting of the board of
trustees shall be fixed by them at their first meeting, and
the same shall be entered upon the records of the town
and published as other ordinances.
Pnnishmentof § 26. The board of trustees snail have power to pro-
ofleiidL'is. ^^^^ ^.^^ ^^^^ punishment of persons who may be guilty of af-
frays, assaults and battery,- quarrels and other olfenses
against the peace and good order of the town, and shall
have the right to recover penalties therefor to the same
amount and in the same manner as provided by the stat-
utes of this state in the same kind of cases : Provided^
that in such cases the justice of the peace may issue his
writ, on the making of the proper complaint, and the of-
fending party or parties shall be brought forthwith to trial
♦ — such suits to be conimenced in the name of the presi-
dent and board of trustees of the town of Ashland ; and
in said writ shall be designated the chapter and section of
the ordinance against which the said party or parties have
ofiended.
Action to re § 27. All actious for tines, penalties and forfeitures ac-
cover tines. cruiug for breach of any ordinance of said town shall be
instituted and prosecuted in the name of the president and
board of trustees of the town of Ashland, upon complaint
of any person, before the justice of the peace of said town,
by action of debt. The ordinary process shall be by sum-
mons, except in such cases as are provided for in the fore-
going sections, and in cases where the party complaining
shall state, under oath, that he has good reason to believe
the party accused to have committed a breach of an ordin-
ance of the corporation, and that he believes the party ac-
cused is about to abscond or depart without the limits of
the corpt)ration, or has so absconded or deported, then the
justice of tiie peace may issue his warrant, returnable forth-
with. The party accuHed iu all such cases shall remain in
TOWNS — INCOKPOKATED. 573
the custody of the officer until such suit is disposed of and
the line and cost, if any, imposed upon him, paid or other-
wise discharo^ed, according to law, unless he shall enter
into rec(^gnizauce, with good security, before final judg-
ment in tlie cause, before the justice of the peace, in double
the amount of the penalty that may be inflicted upon him,
conditioned that he Avill pay the judgment and cost that
may be rendered against him ; and in default of such bail,
the officer may commit the party accused to the common
jail of the county until the case shall be heard. The jus-
tice of the peace shall grant but one continuance in favor
of the plaintiff, where the adverse party is under arrest.
The recognizances shall be filed in the office of the justice
of the peace, and, in case of forfeiture, shall be transmit-
ted by him to the clerk of the board of trustees.
§ '28. The town constable and town justice of the Jurisdiction of
peace sliall have the same general jurisdiction and authori- j^a^ifi;^ of peace
ty, within the county of Cass, that constables and justices
of the peace have under the general laws of the state, and
sha'l be subjected to the same liabilities ; and constables
shall have exclusive authority to serve all writs wherein
the ordinances of the town have been violated, except in
case of his absence or inability to serve, when any other
constable in said town may act ; and said justice of the
peace may appoint special constables, as is now provided
by law in case of other justices of the peace.
§ 29, The board of trustees shall have power to ap- Appointment of
point an attorney to attend to all suits for the breach of or- ^""^"®y-
dinances and other interests of the corporation, and shall
have power to provide for the taxation of his fees in each
suit, not to exceed five dollars, and for the recovery of the
same, with other cost of suit.
§ 30. The board of trustees shall have power to pro- Punishmentof
vide for the punishment of offenders by imprisonment in °^'^"''^^^-
the county jail, in all cases where such offenders shall fail
or refuse to pay any fine or foifeiture recovered against
them for the breach of any ordinance of the town : Pro-
vided, that such im])risonmeut shall not be of longer dura-
tion than at the rate of twenty-four hours imprisonment
for every three dollars of the fine and cost.
§ 31. No tine for the breach of any ordinance shall ex-
ceed one hundred dollars, nor imprisonment for a like of-
fense twenty days.
^ 32. The inhabitants of said town shall be exempt Exempt from
,. " 1 • , , 111.. ,. • 1 road labor out-
irom workmg on any road beyond the limits of said cor- sweiowu.
poration and from paying tax to procure laborers to work
upon the same. The board of trustees shall have power,
for the purpose of keeping lanes, alleys and streets in re-
pairs, to require every able-bodied male inhabitant of the
town, except as herein provided, over the age of twenty-
one years of age, to labor on the same not exceeding three
574 TOWNS — INCOEPOKATED.
days in each year ; and any person neglecting or refusing
to do so, after having been notified by the commissioner,
shall forfeit and pay one dollar and twenty-five cents for
every day he shall have been required to work and so
neglected or refused to perform : Provided^ that any per-
son may be exempted Irom such labor by paying to the
street commissioner the sum of one dollar for each day he
may be required to work, when called upon to perform
the same.
Sale of liquors. § 33. All the Ordinances of the president and board of
trustees of the town of Ashland to restrain or prohibit the
sale or keeping for sale of spirituous, vinous, fermented or
malt liquors, or of any ale, lager beer, cider or any intoxi-
cating drink, or imposing any penalties or forfeitures
therefor, shall extend to and be in fall force in all the ter-
ritory lying within two miles of the limits of the town of
Ashland, as fixed by this act ; and the town constable and
justice of the peace shall have jurisdiction in all such cases
within said two miles from the town limits, in the same
manner as if the oifense occurred within the town of Ash-
land.
Old ordinances § 34. All Ordinances, by-laws and resolutions passed
in iaii lurce. jjy \)^q president and trustees of the town of Ashland, as
incorporated under the general law, and which are now in
force and not inconsistent herewith, shall remain in force
until the same shall be repealed by the president and trus-
tees of the corporation created by this act. This charter
shall not invalidate any act done by the president and
trustees of the town of Ashland, as at present incorporat-
ed, and ail taxes assessed in favor of said corporation, and
Avhich have not yet been paid into the treasury thereof,
shall, when collected, be paid into the treasury of the cor-
Liceases. fines porati on hereby created. All tines, forfeitures, penalties
paid to treasurer and liceuccs received or collected for the breach of any or-
dinance of this act, shall be paid into the town treasury of
said corporation, for the use of the inhabitants of said
town, by the othcer or person receiving or collecting the
same.
Territory dc- § 35. The territory within the limits of the corpora-
tion prechid'^*^' tion of the town of Ashland, as fixed by this act, is hereby
declared to be an election precinct, fur the purposes of
this act only.
Api'kovkd April 19, 1809.
TOWNS — INOORPOKATED. i) 7 5
AN ACT to incorporate the town of Astoria, Fulton county. In force Apiil
' 1, 18C.9.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented iri the General Assembly^ That the
inhabitants of the town of Astoria, in the county of Fulton,
are liereby constituted a body politic and corporate, by the
name of "The President and Trustees of the town of As- Nameandetyie,
toria;" and, by that name, shall have perpetual succession;
make and use a common seal, and alter it at pleasure ; and
in whom the government of the corporation shall be vested
and by whom its afiairs shall be managed,
§ 2. The boundaries of said corporation shall be those Boundaries,
established by the lirst ordinances passed by the lirst board
of trustees of said town. Said ordinances, together with
all other ordinances passed by the several boards, are here-
by legalized, and may be read in evidence in all courts of
law or equity in this state, without proof.
§ 3. The inhabitants of said town, by the name and corporate pow-
style aforesaid, shall have power to sue and be sued, plead
and be impleaded, defend and be defended, in all courts of
law or equity and in all actions whatever ; to purchase, re-
ceive and hold property, real and personal, beyond the
corporation limits, for burial and other public purposes, for
the use of the inhabitants of said town ; to sell, lease or
dispose of property, real and personal, for the benefit of
said town, and to improve and protect such property, and
to do all other things in relation thereto as natural persons.
§ 4. The corporate powers and duties of said town in^^^jeeJ^'*^^
shall be vested in hve trustees, who shall form a board for
the transaction of business; and the persons who may be
in office as trustees in said town under the general incor-
poration law of this state shall be deemed to hold their
offices by virtue of this act until the first Monday in Sep-
tember, Anno Domini, one thousand eight hundred and
sixty-nine and until their successors are elected and quali-
hed.
§ 5. On the first Monday in September next, an elec- f;'/^'^!'"'^ ^°^'
tion shall be held in said town of Astoria, for the election
of tive trustees of said town, and thereafter, on the first
Monday in September in each year an election shall be held
for said officers. They shall be citizens of the United
States, twenty-one years of age, and shall possess a free-
hold estate within the limits of said town.
§ 6. All persons who are entitled to vote for state offi- ^^ '^"erl^'^^"°"
cers by the laws of this state, and who shall have been
actual residents of said town six months next preceding
any election held under the provisions of this act, shall be
entitled t«> vote at any such election.
§ 7. The said trustees, at their first meeting, shall an- Ap^ioiatmentof
pomt one of their body president and judge of the cpuili- "^^^^^
57G
TOWNS — INCOEPOEATED.
Elections
ballot.
cations and returns of its own members, and shall deter-
mine all contested elections in such manner as may be pro-
vided by ordinance.
Quorum. § 8. A majujity of the board shall constitute a quorum
to do business, but a smaller number may adjourn from
day to day and compel the attendance of absent members,
under such tines and penalties as may be prescribed by
ordinance, and shall have power to determine the rules of
their own proceedings, punish a member for disorderly con-
duct, and, with the concurrence of two-thirds, expel a mem-
ber,
by § 9. All elections shall be held by ballot, and tie votes
shall be decided by lot, in presence of the board of trus-
tees.
Oath of office. | 10. Each of the members of the board of trustees,
before entering upon the duties of his office, shall take and
prescribe an oath before some justice of the peace of the
county, that he will support the constitution of the United
States or of this state and that he will perform the duties
of his office to the best of his ability ; and there shall be
at least one regular meeting of said board once in three
months at such times and places as may be prescribed by
• ordinance.
Officers. § 11. The board of trustees shall have power to appoint
a clerk, treasurer, assessor and one or more street commis-
sioners, and such other officers as may be judged necessary
for carrying into effect the powers conferred upon said cor-
poration by this act, and to require them to give such
bonds and security as may be deemed necessary to insure
the faithful performance of their respective duties, before
entering upon the discharge of the same, and who shall
possess the same qualifications as is required for a member
of the board of trustees.
Power to levy | 12. The board of trustees shall have power and au-
thority to levy, assess and collect taxes upon all property,
real 'and personal, within the limits of said town, which is
subject to taxation for state and county purposes, not ex-
ceeding one-half per cent, upon the assessed vahie thereof,
and may assess and enforce the collection of tiie same by
any ordinance, not repugnant to the constitution of this
state ; also, to appropriate money and provide for the pay-
ment of debts and expenses of the town.
General health. ^ 13. To make regulations to secure the general health
of the inhabitants of the town ; to declare what shall be
considered a nuisance, and to prevent or remove the same.
Improvement g 14, To opeu, abolish, alter, jwiden, extend, e8tal:)lish,
aLi'^Tii^'pubHc improve and keep in repair, streets, alleys and public
grounds. grounds in said town, and erect, maintain and keep in re-
pair bridges, drains and sewers.
Wells, cisterns. § 15. To ])rovide tlio town with water ; to sink and
keep in repair wells, and to erect needful buildings for the
and
taxes.
collect
TOWNS — INOORPOKATED. 577
use of the town, and to improve and protect public build-
ings.
§ 16. To license, tax and regulate auctioneers, nier- Anctioneere,
chants, grocers, eating houses and peddlers and to regulate ped^iers, etc
the fixing of chimneys and the Hues thereof, also to regu-
late the storage of gunpowder and other combustible ma-
terials.
S 17. To suppress ffaming houses, bawdy houses and Gam^n- and
iv: J' J 1 f •*! • -A 4. * r 4. fraudulent de-
other disorderly bouses withm said town ; to license, tax vices.
and regulate theatricals and other exhibitions, shows,
amusements, and to provide i'or the trial and punishment
of persons who may be engaged in assaults, batteries and
afirays within the corporate limits ot said town.
§ 18. To fix the fees and compensation of town officers, compensation
jurors, witnesses and others, for services rendered under
the provisions of this act.
§ 19. To prevent the incumbering of the streets, alleys incumbering
and publicj grounds of said town; to compel persons to au^^'^aneys.''^'^^^
fasten horses, mules and other animals attached to vehicles,
while standing upon any street, alley or uninclosed lot in
said town ; to prevent the running at large of horses, cat-
tle, sheep, hogs, goats and other animals, and to provide
for the impounding and distraining the same, and to pro-
vide for the sale of the same for any penalty incurred, and
to impose penalties upon the owner or owners of any such
animals for the violation of any ordinance in relation
thereto.
§ 20. To prohibit the firing of squibs, rockets, guns or Fireworks.
other fire-works or combustibles within the limits of said
town.
§ 21. To provide for the punishment of persons who , Punishment
for VlOl'ilT.0138
may at any time disturb the peace of the inhabitants said
town or the deliberations or proceedings of any public
meeting of said inhabitants or of the board of trustees when
in session.
§ 22. To regulate the police of the town ; to impose poncf of'town.^
tines, penalties and forfeitures for the breach of any ordi-
nance, and to provide for the recovery and appropriation
of such tines and forfeitures and the inforcement of such
penalties: I^rovided, that in all cases the right of trial by
jury shall be allowed to any person or persons charged
with a breach of any of the provisions of this act or any
ordinance made in pursuance thereof.
§ 23. The board of trustees shall have power to make jj^°f°^/°s"*'-
and enforce all ordinances which may be necessary and
proper for carrying into efi"ect all the powers specified in
this act or as the good of the inhabitants of said town may
require, so that such ordinances are not repugnant to nor
inconsistent with the constitution of the United States or
this state.
Vol. 111—73
678 TOWNS — INOOBPORATED.
Style of ordi- § 24. The Style of the ordinances of the town shall be,
nances. uj^^ ^^ ovdciined by the President and Trustees of the Town
of Astoria^ And all ordinances shall, within one month
after they are passed, be published or made known, by
posting in three public places in said town copies of the
same; and the certificate of the clerk of the town, under
the seal of the corporation, shall be prima facie evidence
of such ordinance and of its publication; and no ordinance
shall take effect until published or made known as afore-
said.
Kvidence ox § 25. And all ordinances may be proven by the seal of
the town, and when published or printed in book or pam-
phlet form and purporting to be printed or published by
authority of the town of Astoria, the same shall be received
as evidence in all courts and places, without further proof.
vaHdity of ordl
nances.
DUTIES OF THE PRESIDENT.
Presiding officer SECTION 1. The president shall preside at all meetings
of the board when present, and in any case of his absence
at any meeting the board shall appoint one of their num-
ber ciiairinan, who shall preside at that meeting.
Special meet- § 2. The president or any two members may call spe-
^°^*' cial meetings of the same.
Active and vi- § o. The president shall be active and vigilant in en-
giiantinibeper- forcing the laws ivud Ordinances for the government of the
lormance of dii- ^ittti- i i f,i it
ties. town. lie shall mspect the conduct oi the subordmate
officers, and cause negligence and willful violation of duty
to be punished. He shall have power and authority to
call on all male inhabitants, over the age of twenty-one
years, of said town, to aid in enforcing the law and ordi-
nances; and any and every person who shall fail or refuse
to obey such call shall forfeit and pay to said town the
sum of ten dollars.
Exhibit books § "i- Hg shall havo power, whenever he may deem it
and papers. necGssary, to require of any officer of said town an exhibit
of his books and papers, and shall have power to do all
other acts required of him by any ordinance made in pur-
suance of the terms of this act.
MAGISTUATES AND CONSTABLES.
Election for SECTION 1. It shall be the duty of the trustees of said
iubie. "" *^°"' town, immediately after the passage of this act, to give
notice for and cause an election to be held for a justice of
the peace and constable, who shall be elected by the quali-
fied voters within the corporate limits of said town, who
shall take the same oath, execute the same bond and be
clothed with the same power, authority, jurisdiction, and
subject to the same liabilities as other justices of the peace
and constables within the limits of this state, and shall hold
their oflices, respectively, two yp.^re fi'om the first Monday
TOWNS — INCOEPORATEt). 6^9
111 September next, and biennially forever thereafter ; also,
shall hold their offices until their successors are elected
and qualified/
§ 2. For the election of a justice of the peace and con- Manuer of con-
stable for said town, after the first election, shall be held "^ "'£ ^ '''- '°"
at the same time and place as the election of trustees ; and
the manner of holding all elections required by this act
shall be held and conducted and returns thereof made as
may be herealter provided by the ordinances of the trus-
tees of said town by this act created.
§ 3. Thesaid justice of the peace shall be commissioned justice of peace
by the governor of this state, and shall be a conservator of commissioned
the peace for said town, and shall have exclusive jurisdic- ^^ '^*^ °*^^^™°'"-
tion in all cases arising out of or under the ordinances of
the corporation, and shall have the same fees and compen-
sation allowed for similar services under the laws of this
state to other justices of the peace. In case of his absence
or inability to act, any justice of the peace having an office
in said town shall have power and authority to hear and
determine all cases which may arise under the ordinances
of said town.
§ 4. In all cases arising under the ordinances of said ^ppesis taken,
town, changes of venue and appeals shall be allowed as in
other cases before justices of the peace ; and the said cor-
poration shall be allowed to appeal in any case in which
they are parties, by causing their clerk to execute bond, a in
the name of the corporation, in the form or which may
hereafter be furnished by law in other cases, without other
security ; and an order entered upon the records of said
corporation directing said appeal shall be sufficient evidence
of the authority of said security to sign said bond.
§ 5. The town constable elected under the provisions of jo^'J^^i^is""" "'^
this act, shall have power and authority to execute all pro-
cesses issued for breach of any ordinance of said town, and,
for that purpose, his power and authority shall extend over
the county of Fulton, and shall have the same power, juris-
diction and authority within the limits of said county as
other constables in all cases possess under the laws of
this state, and shall give bond and qualify as said board
shall by ordinance prescribe.
§ 6. The said constable shall be authorized to arrest all ^^"est. with or
" . . , 1 1 n • T withoutprocese
persons, on view, without warrant, who shall violate any ot
the provisions of this act or any of the ordinances of said
town made in pursuance thereof, and take him, her or them
before the justice of the peace of said town, to be tried and
punished as may be prescribed by ordinance. In case of
the absence or inability of said constable to act, any con-
stable of said county of Fulton shall have power and au
thority to execute all processes and writs which may be
issued, in the same manner and with like efliect as the con-
stable of said town.
580 TOWNS — INOOBPORATED.
STREETS AND ALLEYS.
Payment for SECTION 1. Whenever it shall be necessar}' to take pri-
lana taken. yate property for Opening or altering any public street or
alley in said town, the corporation shall make just compen-
Bation to the owner or owners of said property and pay or
tender the same before opening or altering such street or
alley ; and in case the amount of such compensation can-
not be agreed upon, the same shall be ascertained by six
disinterested freeholders of said town, who shall be sum-
moned by the justice of the peace of said town for that
purpose.
Damages and § 2. The Said jurors, so impannelled to ascertain the
assessed. ° ^^ damages which will be sustained by the opening or altering
of any street or alley by any person or persons so owning
property, shall first be sworn to take [that] effect by said
justice, and shall return to him their inquest in writing,
signed by each of said jurors and by him laid before the
board of trustees at their first meeting thereafter; and
either party may appeal therefrom to the circuit [court] of
Fulton county, in such manner and upon such terras as
may be prescribed by ordinance.
Injury to pro- § 3_ jjj the asscssmeut of such damages the jury shall
take into consideration the benefits as well as the injury
happening to the owner or owners of property proposed to
be taken for opening or altering a street or alley by such
opening or alteration.
Levy spemi tax | 4. That the board of trustees shall have power to
levy and collect a special tax on the owners of lots on any
street or part of street, according to their respective fronts,
for the purpose of grading, paving or othervi'ise, the side-
walks on said street or part of street.
Sidewalks. § 5. That the lot in front of which any sidewalk is
made shall be taxed to pay at least one-half of the expenses
of making such sidewalk, in addition to the regular tax,
which shall be assessed and collected in the same manner
as other taxes are.
MISCELLANEOL-S PB0VISI0N3.
lai.or^'onSts'! SECTION 1. Tho board of trustees, for the purpose of
" keeping the streets and alleys in said town and public high-
ways passing through said town for one mile each way
from the centre of said town in repair, are authorized and
empowered to require every able bodied male inhabitant of
said town, over twenty-one years of age and under fifty, to
labor on said streets, alleys and public highways any num-
ber of days, not exceeding three days in each year. Any
person failing to perform such labor, when duly notified by
the street commissioner or other authorized oflicer of said
town, shall forfeit and pay the sum of one dollar and fifty
TOWNS — INCOBPOKATED. 581
cents, to be paid to the said town for each aud everyday so
neglected and refused.
§ 2. The board of trustees shall have power to provide penalty for
for the punishment of offenders against any ordinance of ^"'^^"°°'^-
said town by imprisonment in the county jail, not exceeding
thirty days for any one offense, in all cases where such
ofiender shall fail or refuse to pay the fine and Ibrfeitures
which may be recovered against them,
§ 3. All suits for fines and penalties in and for the vio- suii instituted.
lation of any ordinance shall be in the name of the presi-
dent and trustees of the town of Astoria ; and the board of
trustees shall regulate, by ordinance, the form and nature
of the first and subsequent process and the mode of execu-
ting the same.
§ 4. The incorporation hereby created shall not be re Notieqn.redto
quired, in any suit brought for a violation of any ordinance for cost,^^*^"'^"^^
of said town, to file before the commencement of any such
suit or during the pendency thereof security'- for costs.
§ 5. All ordinances and resolutions passed by the preei- ordiaances to
dent and trustees of the town of Astoria shall remain in ^muiTepeaied?*
force until the same shall have been repealed by the board
of trustees hereby created ; and all actions, fines, penalties
and forfeitures which have accrued to the president and
trustees of said town or which may hereafter accrue to
them, prior to the taking eftect of this act, shall be vested in
and prosecuted by the corporation herein created.
§ 6. All property belonging to the president and trus- ah properly
tees of the town of Astoria for the use of the inhabitants of rafion. ^ '^"'^^'°'
said town shall upon this act taking effect be vested in the
corporation, and this act shall not invalidate any act done
by said president and trustees nor divest them of any rights
which have accrued to them prior to the passage of this act.
§ 7. Whenever the justice of the peace herein provided vacnnnes, iiow
for shall remove from said town, resign or die or his office ^^^^^'
shall otherwise become vacated, the board of trustees shall
immediately provide for filling such vacancy by election.
§ 8. This act ia hereby declared a public act, and may
be read in evidence in all courts of law and equity in this
state, without proof. This act shall take efiect and be in full
force from and after its passage.
Approved April 1, 1869.
AN ACT to int-orporate the town of Bardolph, and for other purposes. lu force Aprli
IB. 1889.
Section 1. Be it enacted by the People of the State of
Illinois^ represented in the General Assembly, That the in-
habitants and residents of the town of Bardolpb, in the
582 TOWNS — INCOKPOKATED.
county of McDonougb, are hereby constituted and. declared
Name and style, a body Corporate and politic, by the name and style of "The
President and Trustees of the Town of Bardolph;" and, by
that name, shall have perpetual succession ; and may have
and use a corporate or common seal ; have power to sue
and be sued, plead and be impleaded, in all courts and
places where justice is administered, in all actions what-
ever ; to purchase, receive and hold property, both real and
persona], in said town ; to purchase, receive and hold prop-
erty, both real and personal, beyond the limits of said town,
for burial grounds and other public purposes ; to sell, lease
and convey property, real and personal, for the use of said
town ; to protect and improve any such property, as the
public good may require.
Bonndaves, | 2. The boundaries of the said town shall be as fol-
lows : To include the northeast quarter of section twenty-
four (24), and thirty (30) rods off of the south side of the
southeast quarter of section thirteen (13), and thirty rods
square in the southeast corner of the southwest quarter of
, section thirteen (13), and thirty rods off of the east side of
the northwest quarter of section twenty-four (24), thirty
rods square in the northeast corner of the southwest quarter
of section twenty -four (24), and thirty (30) rods off of the
north side of the southeast quarter of section twenty-four
(24) ; all in township six (6) north, in range two (2) west of
the fourth principal meridian; also the northwest quarter of
the southwest quarter of section nineteen (19), and sixty
rods off of the west side of the northwest quarter of section
nineteen (19), and the south half of the southwest quarter
of section eighteen (18) ; all in township six (6) north, in
range one (1) west of the fourth principal meridian.
Goverumeut g 3. The government of said town shall be vested in a
onnistees. president and four trustees — the said trustees to be elected
annually by the qualified voters of said town. And no
person shall be a trustee unless at the time of his election
he shall have resided in said town for the space of six
months, twenty-one years of age, and a citizen of the
United States ; and upon his removal from said town he
shall vacate his oflice. And said president and trustees
shall receive no compensation for their services as such,
except that they shall be exempt from road labor during
their term of office.
Qimiificaiionrt § 4. The board of trustecs shall determine the qualifica-
oinierabere. tiouB of its owu mcmbcrs and all cases of returns and elec-
tions of their own body. A majority shall constitute a quo-
rum, but a smaller number may adjourn from day to day
and compel the attendance of absent members, under such
penalties as may be prescribed by ordinance ; shall have
power to determine the rules of their own proceedings,
punish a member for disorderly conduct, and, with the
concurrence of two-thirds, expel a member.
TOWNS — INCOKPOKATED,
58c
§ 5. The president and each of the trustees shall, be- oaih of office.
fore entering upon the duties of their respective offices,
take an oatn to perform the duties of such offices to the
best of their knowledge and abilities; and there shall be
at least one regular m'eeting of said trustees in each month,
at such times and places as may be prescribed by ordinance.
§ 6. The boundaries of said town, as herein defined or .Jrlci'LTeiecI
as may be hereafter defined by ordinance, shall constitute uon district.
a district for the election of one justice of the peace and one
town constable, who shall be elected by the qualified voters
uf said town at the same time and place at which the trus-
tees are elected ; and the said justice of the peace shall
give bond and qualify as other justices of the peace are re-^
quired by law to do, and he shall be, ex officio, president of
the board of trustees ; shall have the right to give the cast-
ing vote in case of a tie, and shall possess the same qualifi-
cations as are required of a trustee by the third section of
this act; and if he shall remove from said town his office
shall be vacated.
§ 7. If two or more persons shall receive an equal num- ^iJf^^^'^JI^''"^
ber of votes fur the office of justice or constable, the board
shall proceed to determine the same by lot; and all con-
tested elections shall be determined as prescribed by ordi-
nance.
§ 8. On the first Monday in the month of April, A.D. o^^offlcirs''''''"''
1869, and the first Monday in April in each year there-
after, an election shall be held in said town for one justice
of the peace, one town constable and four trustees, as afore-
said, who shall hold their offices for one year and uutil
their successors are elected and qualified ; which said first
election shall commence at ten o'clock in the forenoon and
close at four o'clock p. m., of said day ; and any two of the
trustees named in the twenty -fifth section of this act shall
act as judges of said first election, who shall appoint their
own clerks, receive and canvass the votes, declare the re-
sult, furnish to each of the persons elected a certificate of
his election, certify the votes for justice of the peace to the
clerk of the county court, and lay the poll books of such
election before the board at its first meeting thereafter. All
subsequent elections shall be held, conducted and returns
made as may be prescribed by ordinance.
§ 9. All inhabitants of said town shall be entitled to ^^ gftlS:"^'""
vote for town officers who are qualified to vote for state
officers and who shall have resided in said town one month
next before such election.
§ 10. The president and trustees shall have power and leSoTfaxes"
authority to levy, assess and collect a tax upon all property,
real, personal and mixed, in said town, which is now or
may hereafter be subject to taxation for state or county
purposes, not exceeding one-half of one per centum j)er
annum upon the assessed value thereof, and may assess and
584 TOWNS — mOORPOEATED.
enforce the collection of the same by any ordinance not
repugnant to the constitution of this state or of the United
States.
Appoint other § 11. The Said board shall have power to appoint such
officers. officers as may be judged necessary for carrying into effect
the powers confei'red upon said corporation by this act, and
to require them to give such bonds, with such security, and
take such oaths as may be judged necessary to insure a
faithful performance of their respective duties, and shall
have power to appropriate money and provide for the pay-
Genm-ai health, ment of the dobts and expenses of the town ; to make
regulations to secure the general health of the inhabitants
of the town ; to declare what shall be deemed a nuisance,
and to prevent and remove the same ; to open, abolish,
alter, widen, extend, establish, grade or otherwise improve
and keep in repair streets, alleys and lanes in said town,
and erect, maintain and keep in repair bridges ; to provide
for the erection of all needful buildings for the use of the
town, and to provide for the inclosing, laying off, improving
and regulating all public grounds, squares and burial
Auctioneers, ground^3 belonging to the town ; to license, tax and regulate
peddiers. etc. auctioneers, peddlers, brokers and money changers, but not
to license the sale of any spirituous, vinous, malt, fer-
mented, mixed or intoxicating liquors ; to license, tax and
regulate theatrical and other exhibitions, shows and amuse-
ments; to restrain, prohibit and suppress tippling houses,
dram shops, gaming houses, bawdy houses and other dis-
orderly houses ; to provide for the prevention and extin-
giiishinent of fires, and to organize and establish fire com-
panies ; to regulate partition fences, and to provide for the
inspection and weighing of hay, grain and stone coal, and
f(jr the measurement of wood and fuel to be used in said
ceneus. town ; to provide for taking the enumeration of the inhab-
itants of said town ; to regulate the election of town oflicers,
define their duties, and provide for the removal of any per-
son hoUling an ofiice under the ordinances ; to fix the fees
and cotnpensation of all town officers, jurors and others for
services rendered under this act or any ordinance ; to im-
pose tines, penalties and forfeitures for the breach of any
ordinance and to provide for the recovery and appropria-
tion of such fines and forfeitures and the enforcement of
incumiicrina; sucli penalties ; to ])revent the incumbering of the streets,
streets. squaros, lanes and alleys of said town ; to protect shade
trees ; to compel persons to fasten horses, mules and other
animals attached to vehicles, while standing upon sny
square, street, lane, alley or uninclosed lots ; to prevent the
running at largo of horses, cattle, hogs, sheep or other ani-
mals, and provide for the distraining and impounding the
same, and to provide for the sale of the same for any pen-
alty incurred, and to impose penalties upon the owners of
any such animals for the violation of any ordinance in rela-
TOWNS — INCORPQEATBD. 585
tion thereto; to prevent the running at large of dogs, and nogs at large.
to provide for the destruction of the same when running at
large contrary to ordinance ; to prevent the firing of squibs,
rockets, guns or other combustibles or fire arms within the
limits of said town.
§ 12. The president and board of trustees shall have Power to pa3s
power to make all ordinances which shall be necessary and °'"'^"^*°^^'-
proper for carrying into execution the powers specified in
this act, so that such ordinances shall not be repugnant to
the constitution of this state and of the United States. The
style of the ordinances of the town shall be "Be it enacted
by the President and Trustees of the Town of Bardolph ;''
and all ordinances shall, within one week after they are
passed, be published in a newspaper published and printed
in said town ten days before the same shall take effect, or if
no newspaper be printed in said town, by posting copies of
the same in four public places in said town for ten days be-
fore the same shall take eflect ; and the certificate of the
publishers of such newspaper, or of the clerk of the board,
under the seal of the corporation, shall be prima facie evi-
dence of such publication. No ordinance shall take efi'ect
until published or posted as aforesaid.
§ 13. All ordinances may be proven by the seal of the ^Evidence and
town, and when printed or published in book or pamphlet ^"^"^
form and purporting to be printed or published by authority
of the corporation, the same shall be received as evidence
in all courts and places, without further proof.
§ 14. The president of the board shall preside at all Piesiding officer
meetings of the board, when present, and in case of his ab-
sence at any meeting the board may elect a temporary
chairman. He shall at all times be vigilant in enforcing
the laws and ordinances for the government of the town.
He shall inspect the conduct of all subordinates, and cause
negligence and willful violation of duty to be punished.
He shall have power and authority to call on all male in-
habitants of said town, over the age of eighteen years, to
aid in enforcing the laws and ordinances, and in case of a
riot to call out the militia to aid in suppressing the same, or
in carrying into efi'ect any law or ordinance; and any per-
son who shall fail or refuse to obey such call shall forfeit
and pay to said corporation the sum of five dollars.
§ 15. The said justice shall be commissioned by the Justice com-
governor. and he shall have and exercise the same power ^ovemOT^ ^^
and jurisdiction conferred upon other justices of the peace
by laws of this state, and shall have original exclusive
jurisdiction in all cases arising under the ordinances of the
corporation, and shall receive the same fees and compensa-
tion allowed for similar services under the laws of this state
to other justices of the peace, and for any willful or corrupt
oppression, malcondnct or partiality or palpable omission of
duty in his said oflice may be indicted in the circuit court
Vol. Ill— 74
586 TOWNS — INCORPOEATED.
of McDonough county, and, upon conviction, shall be iiued
in a sum not exceeding one hundred dollars, and the court
shall have power, upon the recommendation of the jury, to
make his removal from office a part of the judgment.
Levy taxes, § 16. The president and trustees shall have power, by
ordinance, to levy, assess and collect a tax on all property
in said town, real, personal and mixed, for the purpose of
building and keeping in repair sidewalks in said town, to be
collected as other taxes or as may be provided by ordinance.
street labor. § 17. The president and trustees, for the purpose of
keeping the streets, alleys, lanes, avenues and highways in
repair, shall have power and authority to require every male
inhabitant of said town over the age of twenty-one years, to
labor on said streets, lanes, alleys, avenues and highways
three days in each year ; and every person failing or re-
fusing to perform such road labor, after being notified as
may be provided by ordinance, shall forfeit and pay one
dollar and fifty cents per day for each day so neglected and
refused.
Punishment of § 18. The president and board of trustees shall have
offenders. power to provido for the punishment of the offenders
against any ordinance by confinement in the county jail or
in such place as the president and trustees may determine
by ordinance, in all cases where such oftenders shall fail or
refuse to pay the fines and forfeitures which may be recov-
ered against them.
Exempt from § 19. The inhabitants of said town shall be exempt
yondthe?hnits! ^^'om the performance of road labor and the ])ayment of
road tax levied by authority of the county court, and the
entire jurisdiction and control of the roads, highw^ays and
bridges in said town shall be held and exercised by the
president and trustees as aforesaid.
All writs issued § 20. All writs, suits for the recovery of penalties for
debt '" ^^'™*^^the breach of any ordinance of said town, shall be in the
form of an action of debt, before a justice of the peace of
said town, or in case of his absence or inability to act before
some other justice of the peace of said town; and changes
of revenue and appeal shall be allowed in cases commenced
before the said justice as in other cases before other justices
of the peace : Provided, the said corporation shall be allowed
to appeal in any case in which they are parties, by causing
their secretary to execute a bond in the name of said cor-
poration, in the form now prescribed by law in other cases,
without other security ; and an order entered upon the
records of said corporation, directing said appeal, shall be
sufficient evidence of the authority of said security to sign
said bond.
Jurisdiction of § 21. The towu constablc elected under the provisions
constable, -^j- ^}^jg j^^t, or any constable of said county of DcDonough,
shall have power and authority to execute all processes
issued for the breach of any ordinance of said town, and for
TOWNS — INOOEPOKA.TED. 587
that purpose, his power and authority shall extend over the
county of McDonongh, and shall have the same power,
jurisdiction and authority within the limits of said county of
McDonough as other constables under the laws of this state,
and shall give bond and qualify as the said board shall by
ordinance prescribe.
§ 22, All suits for fines and penalties in and for the vio- au actions and
lation of any ordinance shall be in the name of the town of corporluon. "*
Bardolph ; "and the said corporation shall have power to
regulate, by ordinance, the form and nature of the first and
of any subsequent process and the mode of executing the
same.
§ 23. The territory within the limits of the corporation s(,^°of^a'[g"riot *
of the town of Bardolph, as fixed by this act, together with
the following territory, to-wit : section twenty -four, the
south half of section thirteen and north half of section
twenty-five (not contained in the boundaries of said town of
Bardolph), all in township six north of the base line, in
range two west of the fourth principal meridian, is hereby
constituted a school district.
S 24. The board of trustees shall have the exclusive con- , Management
H ,. , T . . ■, ,. , . , of public schools
troi ot schools m said corporation, and may nave power to
declare all common schools in the limits of said corporation
free, and may provide for the erection of school houses and
the employment of teachers, and may provide for the pay-
ment of the same, out of the common school funds of the
corporation : Provided^ that this act shall not deprive them
of any of the benefits of any school funds that may be drawn
by other school districts.
§ 24. All fines, penalties and forfeitures arising from J}:^l\l^J^^^
the violations of the ordinances of said corporation shall go part of school
to and become a part of the school fund of said corporation, *^"°"^'
for school purposes. And the trustees of the corporation
may levy and collect a tax, not to exceed three dollars on
the hundred in any one year, on all property, real, personal
and mixed within the limits of said school district, for the
purpose of erecting school houses and for keeping the same
in repair and for continuing schools.
§ 25. And, for the purpose of more speedily carrying o^mXis^"''"^
this act into effect, Asa Russell (who is an acting justice of
the peace in and for said county), Edward Dyer, Wm. J.
Merritt, Wm. S. Hendricks and N. D. (Jlark, be and are
hereby created a board of trustees of said corporation, to
continue in oflice until the first Monday of April next, or
until their successors are elected and qualified under this act.
§ 26. This act shall be a public act, and shall take
eft'ect and be in force from and after its passage.
In fokce April 16, 1869.
I, Edward RtrMMFx, Secretary of State, do hereby certify that the foregoing act of
the Twenty-sixth General Assembly of the State of Illinois was filed iu the oflice of the
Secretary of State, April Iti, 1809, without the sipmature of the Governor, but. by virtue
of Section 21. Article IV, of the Constitution of" this State, the same is now declared a
law, Uaying been retained over tea days by the Governor after its reception.
EDWAKD RUMMEL, Sec'y of Statu.
588
TOWNS — INCOEPOBAT ED.
Boundailes.
In force March AN ACT to incorporate the town of Belle Prairie City, in Hamilton
30, 1869. county.
*
Section 1. Be it enacted ly the People of the State of
Illinois, represented in the General Assembly, That the
inhabitants of Belle Prairie City, in Hamilton county, and
state of Illinois, are hereby constituted a body politic and
Name and style. Corporate, by the name and style of "The President and
Trustees of' the Town of Belle Prairie City;" and, by
that uame and style, have perpetual succession, and may
have and use a common seal, which they may change and
alter at pleasure.
§ 2. The boundaries of the corporation hereby created
shall be to include the east half of section thirty-two, (32,)
and west half of section thirty-three, (33,) in township
three (3) south, of range six (6) east, in said county afore-
said : Provided, nevertheless, that the president and board
of trustees of said town may, at any time, by ordinance,
extend the limits of said corporation.
§ 3. The inhabitants of said town, by the name and
style aforesaid, shall have power to sue and be soed, to
plead and be impleaded, to defend and be defended, in all
courts of law and equity, and in all actions whatsoever ; to
purchase, receive and hold property, both real and personal,
within the limits of said town; to purchase, receive and
hold real property, within or beyond the limits of said
town, for burial grounds and other purposes for the use of
said inhabitants; to improve and protect such property,
and lease, sell, convey and dispose of the same, and do all
other acts and things in relation thereto, as natural persons.
ARTICLE II.
General coi
porate powers.
Eligibility
trustees.
conncii. SECTION 1. The municipal government of said town
shall be vested in a town council, consisting of a president
and four trustees, who shall be elected annually by the
legal voters of said town, and continue in otlice until their
successors are elected and qualified,
of § 2. No person shall be a trustee of said town who
has not arrived at the age of twenty-one years, and who
has not resided in said town one year next preceding his
election, and who is not at the time thereof a bona fide
freeholder in said town, and, moreover, who has not paid
a state and county tax. And all white free male inhabit-
ants, over twenty-one years of age, who have resided in
said town thirty days next preceding an election, with the
intention of becoming a bona fide citizen thereof, shall be
entitled to vote at all municipal elections.
Anunai election g 3, That thoro shall. On the first Monday of April,
A.D. 18G9, be elected live trustees, and on every first
Monday of April thereafter, who shall hold their ofiices
of offloers.
TOWNS — INOOEPOKATED. 589
for one year, and until their successors are duly elected
and qualified ; and public notice of the time and place of
holding said election shall be given by the president and
trustees of said town, by an advertisement published in a
newspaper of said town, or posting it up m at least three
of the most public places in said town — the first notice of
election to be given by Cloyd Crouch, or any of the quali-
fied voters of said town. Gregg Garrison, Charles S. Todd,
James B, Proudtit, Cloyd Crouch, or any three of them,
shall prescribe the manner in which the election or elec-
tions for the organization under this charter shall be con-
ducted; and the trustees so elected shall, at their first
meeting, elect one of their members president.
§ 4. If any member of the town council shall remove office vacated.
from the town, his ofiice shall thereby be vacated.
§ 5. All vacancies that may occur in the town council vacftnciesfliiea
shall be filled by election. jyeecion.
§ 6. The town council shall be judges of the qualifica- •. judges of elec-
tions, elections and returns of its own members, and shall *'°°'
determine all contested elections.
§ 7. A majority of the town council shall constitute a Quormn
quorum for the transaction of business, but a smaller num-
ber may adjourn from time to time, and compel the attend-
ance of absent members, under such fines and penalties as
may be prescribed by ordinance.
§ 8. The town council shall determine the rules of its jj„igs ^f pro-
proceedings ; but no member thereof shhll be appointed to ceedinga.
any ofiice under its authority, except clerk and treasurer.
§ 9. The town council shall cause to be kept a journal joumai of
of its proceedings ; and such journal, purporting to be a pro^e^'^'^S'
record of the proceedings of the town council, shall be re-
ceived in all courts and places, without further proof, as
evidence of all matters therein contained.
§ 10. Every member of the town council, before enter- oaih of office.
ing upon the discharge of the duties of his ofiice, shall
take and subscribe an oath or afiirmation that he will sup-
port the constitution of the United States and of this state,
and that he will well and truly perform the duties of his
otfice, to the best of his ability.
§ 11. Whenever there shall be a tie in the election fur ^'^^^^^^^^^^'^
members of the town council, the judges of election shall
certify the same to the police magistrate, who shall deter-
mine the same by lot, in the presence of said judges, who
shall enter the result thereof in their returns of said elec-
tion.
§ 12. There shall be a stated meeting of the town ^c^t'Dgs.
council once in each month, the time and place of which
meeting shall be prescribed by ordinance ; but the presi-
dent may call a special meeting whenever necessary.
590 TOWNS — INCORPORATED.
ARTICLE III.
Election of SECTION 1. Oil the first Monday in April, A.D. 1869,
trustees. and on the first Monday in April in each year thereafter,
an election shall be held in said town, for the purpose of
choosing five trustees of the town council hereby estab-
lished.
.Judges of eiec- § 2. The towu council shall have power to appoint two
of their own number as judge and clerk of each municipal
election ; and said election shall be held between the hours
of ten o'clock a.m. and four o'clock p.m. of the day above
specified ; and all special elections shall be held in the
same manner.
tiou.
money.
ARTICLE IV.
Levy ma co!- SECTION 1. The towu couucil shall have power to levy
lect taxes. Q^^^^^ collect tasos on all property, real and personal, within
the limits of said towu, not exceeding one-half of one per
cent, per annum upon the assessed valuation thereof, for
general purposes ; and they may enforce the payment of
said taxes in any manner to be prescribed by ordinance,
not repugnant to the constitution and laws of the United
States or of this state.
May bonow § 2. To bori'ow moucy on the credit of said town :
Provided, that the interest payable on the aggregate of all
sums borrowed and outstanding shall never exceed, in any
year, one half of the town revenue from real estate for that
year.
Appropriations. § 3. To provide and appropriate money for the payment
of all debts and expenses of the town.
Appoiutment § 4. To appoint a clerk, treasurer, assessor, collector,
or offlce.-s. police constable, street commissioner, and such other ojQ5-
cers as they may deem expedient for carrying this act into
tiill cflect, and to prescribe their duties ; to require all ofii-
cers so appointed to take an oath for the faithful perform-
ance of such duties, and to give bonds, with such securities
and penalties as may be prescribed by ordinance.
compeiM.'ition. § 5. To fix the Compensation of town ofiicers, regulate
the fees of jurors, witnesses and others, for services ren-
dered under this act, and to remove from ofiice any person
appointed by them.
Prevent con- ts 6. To make regulations to prevent the introduction
tagiouB diseases ^ , • !•«•*. j.ui.
01 contagious diseases into the town.
General health. § 7. To make regulations to secure the general health
of the inhabitants; to declare what shall be deemed a nui-
sance, and to prevent, abate and remove the same, and to
punish the authors thereof
Improvement § 8. To opon, aitor, widon, extend, establish, vacate,
and highway".*"" abolish, grade, pave or otherwise improve any streets, lanes,
avenues, alleys, roads, squares, commons, parks or other
TOWNS — INOOKPOKATED. 591
public grounds in said town, or any other grounds or places
belonging to said corporation, and to have exclusive control
of the same.
§ 9. To build and keep in repair bridges, culverts and Brect bridges,
street crossings.
§ 10. To provide for protectinsr, inclosing:, adorning or improvement
.," . . ^ . ^ °' 1 fu public grounds.
otherwise improving any squares, commons, parks or other
public grounds in said town, or any other grounds or places
belonging to said corporation.
§ ll. To provide for the erection of all needful build- Pubiicbmidings
ings for the use of said town, and to levy special taxes
therefor, when authorized so to do by a majority of the
legal voters of the town at any election, and to collect the
same as the town taxes are collected.
§ 12. To cause the owners of lots or parts of lots or improvement of
lands on any street or alley or square to improve the side- ^^"i*^^^^^'^^-
walks in front of their respective lands, by grading, paving,
planking or otherwise, as may be directed by ordinance,
and keep the same in good repair ; and if any owner, or
his agent, shall refuse or neglect to make such improvement
within the time specified in such ordinance, or to repair the
same at any time when notified by the street commissioner
to do so, the town council shall have power to cause such
improvement or repairs to be made at the expense of the
town, and to assess a special tax upon the owner of such
lot or lands sufiicient to cover a]l costs and charges there-
for ; which tax shall constitute a lien upon such lots or
lands, and be collected in all respects as other taxes : Pro-
videdj that the cost of any such improvement or repairs,
with all expenses attending the same, may be recovered by
suit brought in the corporate name against the owner of
such lots or lands, as for money paid and laid out for his
use and benefit, and at his request.
§ 13. To cause all the streets, alleys or lanes, avenues Repair streets.
and public lands in the town to be kept in good repair ;
and, to this end, they may require every able-bodied male JLauner of re
inhabitant thereof, over the age of twenty-one years and formufg'*''^^ad
under fifty, to labor on such streets, alleys, lanes, avenues ^^^°^
or public grounds, not exceeding four days in each year, or
pay commutation in lieu thereof, at the rate of one dollar
for each day they may so be required to labor ; and the
inhabitants of said town are hereby exempted from work-
ing on any road beyond the limits of said town, and from
paying any tax to procure labor to be done thereon, except
the road tax levied by other districts on property therein.
§ 14. To provide for surveying, platting, numbering survey and put
and recording the plat of any or all out-lots or lands within
the limits of said corporation, net now laid out in town lots
in said town and the addition thereto, and to cause such
out-lots and lands to be designated by such numbers in the
592 TOWNS INCORPORATED .
assessment list, and to sell the same for non-payment of
taxes, by such designation.
Provide water. § 15. To pi'ovlde the town with water, and to dig wells
and cisterns for the use of the inhabitants,
Bxtingnisbment § 16. To provide for the prevention and extinguishment
of fires, and to organize and regulate fire companies.
Inspection of § 17. To provide for the inspection and weighing of all
produce. produce and articles for sale, and the measurement of wood
sold for fuel,
impowder.etc. § 18. To regulate the storage of gunpowder, tar, pitch
and other combustible materials.
Running at § 19. To restrain, regulate and prohibit the running at
large of horses i " /• i ^^.11° • -^ i ,1 • 1 ° ■,
and cattle. large 01 horses, cattle, sheep, swme and other animals, and
to authorize the distraining, impounding and sale of the
same when found running at large contrary to any ordi-
nance, and to prevent the indecent exhibition of horses or
other animals.
Public pounds. §20. To establish and maintain a public poucid, appoint
a pound-master, and prescribe his duties.
Dogs at large. g 21. To prevent and regulate the running at large of
dogs, and to authorize the destruction of the same when
running at large contrary to any ordinance.
Fast driving. § 22. To prevent horse-racing or any immoderate riding
or driving within the limits of said town of horses or other
animals ; to prevent the abuse of animals, and to compel
persons to fasten their horses or other animals attached to
vehicles or otherwise, while standing or remaining in any
street, square, vacant lot or other open places in the town.
Indecencies. g 23. To prohibit and prevent any indecent exposure
of the person, or other lewd or shameful practice, and pun-
ish persons guilty thereof.
Riots, affrays § 21. To prevent. suDDrGSS and prohibit aiiv riot, afi'rav,
and tunuilts. . 1. j- ^ 1 ' -• fi \ , N ' " ,
tumult or disturbance ot the peace, by any loud or unusual
cries, noises or any other disorderly conduct, disorderly assem-
blages, assaults and batteries, firing of squibs, rockets, guns
or other combustibles or fire arms within the limits of said
town.
va\e'^prope°ty."' ^ ^.^* "^^ pi'ohibit, prevent and punish any wanton injury
to private property, disorderly intrusion upon any private
preuiises, petty i)ilfering, destruction or injury of shade,
fruit and ornamental trees, or any other disorderly proceed-
ings endangering or trespassing upon the rights of private
persons or property.
Shows and § 2G. To liccuse, tax and regulate theatrical and other
exhibitions. „i -i 'i* 1 1 '^ .
exliibitions, shows and amusements.
Peddlers, etc. § 27. To license, tax and regulate auctioneers, peddlers,
hawkers, ordinaries and gift enterprises.
orderiy'house"'" ^ ^^' "^^ I'cstrain, prohibit and suppress tippling houses,
dram shops, gambling houses, bawdy houses and other dis-
orderly establishments.
T0WN8 — INCOEPORATED. 593
§ 29 To restrain, proliibit and suppress all dcscrip- GamWiugand
tions of gambling, swindling and fraudulent abuses, and to ^
punish all persons in any manner engaged therein.
§ 30. To license and regulate or to suppress and prohibit Liceose ?aieof
the selling, bartering, exchanging, giving away, trafficking in liquors.
or in any manner disposing of any wine, gin, rum, brandy,
whisky,"beer or any other vinuous, spirituous, malt, mixed
or intoxicating beverages within the limits of said town.
§ 31. To provide for taking enumerations of the inhab- census,
itants of said town.
§ 32. To pass all ordinances which they may deem neces- to pas- aii oi-
sary and proper for carryiug into full effect ihe provisions of <^'°*'^'^®'^-
this act, and for the regulation of the municipal government
of said town, and to execute the same, and to impose fines,
forfeitures and penalties for the violation of any ordinance
or any of the provisions of this act, and to provide for the
enforcement of such ordinances and the recovery of such
fines, forfeitures and penalties in any manner not repug-
nant to the constitution of the United States or of this state :
Provided^ that in no case shall any such fine or forfeiture
exceed the sum of one hundred dollars for any one offense ;
and any such fine or forfeiture may be recovered before the
police magistrate herein provided for or any justice of the
peace in said county of Hamilton, in the corporate name ;
and such police magistrate or justice of the peace may, un-
less the amount of such judgment be paid forthwith or sat-
isfactory secuiity given, issue execution against the goods
and chattels of any offender immediately upon rendition of
judgment; or he may direct that such offender be held in
custod}' and compelled to work out the amount of such fine
and costs on the public streets.
§ 33. To provide for the punishment of offenders against Punishment of
any ordinance or provision of this act, by imprisonment, not ''fi^^''®'"^'
to exceed three months for any one offense, in the county
jail, town prison, or other secure place, to be provided by
them for that purpose.
§ 34. The style of ordinance of said town shall be, st>ie of ordi-
'■'- Be it ordained hy the Town Council of the Toion ^j-'^^^^^'
Belle Prairie City.'''*
§ 35. All ordinances passed by the town council shall be ordinances to
recorded in a book to be kept for that purpose, which book,
purporting to be a record of the ordinances of said town,
shall be received in evidence in all courts and places, with-
out farther authentication or proof.
§ 36. Printed or written copies of all ordinances passed Posting up
by the town council shall be posted up in at least three of '"■'^'•°^''*'^^-
the most public places within said town within thirty days
after their passage ; and all ordinances shall take effect at
the expiration of ten days after such posting.
^ 37. All ordinances of the town may be proven by the PubUcation of
1.1 i- J 1 • , , 1 !• 1 1 • . 1 ordinancea.
seal ot the corporation, ana when printed or published m f)ook
Vol. Ill— 75
594: TOWiJS — INCOKPOEATED.
pamphlet form and purporting to be printed or published
by authority of the town council, shall be received in evi-
dence in all courts and places, without further authentica-
tion or proof; and any ordinance of said town, printed
and publirihed in any newspaper in Hamilton county and
purporting to be printed or published by authority of the
town council, shall in like manner be received in evidence
in all courts and places, without further authentication or
proof.
ARTICLE V.
Presidium officer SECTION 1. The president shall be the chief executive officer
of the corporation, and, as such, shall be conservator of the
peace, and have power to arrest without warrant and bring to
trial any person guilty of a violation of any ordinance or pro-
visions of this act ; and he may appoint, from time to time, as
the same may appear to him necessary, such watchmen, by
day or night, as may be required to preserve the peace in any
emergency or apprehended disturbance ; and such watch-
men, so appointed, are hereby authorized to arrest without
warrant and confine any person found engaged in any vio-
lation of any ordinance of said town precisely as the police
luhabitantsto constable is by this act authorized to do. And the said
aii^o°dhiances?^ president is hereby authorized to call upon any white male
resident of said town, over the age of twenty-one yearg, to
aid in the enforcement of the ordinances of said town, to
preserve the peace ; and any person who shall fail or refuse
to obey such call shall forfeit and pay to said town a fine,
not exceeding ten dollars.
Euforciug or- § 2. He shall be active and vigilant in enforcing the laws
nances, e c. ^^^ Ordinances for the government of the town. He shall
inspect the conduct of all subordinate officers of the town,
and cause negligence and positive violations of duty to be
prosecuted and punished ; and shall have power, whenever
he may deem it necessary, to require of any officer of said
town an exhibition of his books and papers.
Tie vote, how § 3. He shall preside at all meetings of the town council,
determined. preserve Order and have a casting vote in case of a tie, but
no other. In case of his non-attendance at any meeting,
the council shall appoint one of their number to preside at
such meeting.
Special meet- § 4. The president or any two members may call a special
m^s called. meeting of the town council.
sijruatiue of § 5. His signature to any paper or document, as presi-
pveoident. ^^^^ q^- ^^^ ^^^^^ ^^ y^^.^Yo Prairie City, with that of the clerk,
attested by the seal of the town or their own private seals,
shall constitute the signature of eaid corporation.
Further diuicB. § G. He shall perform such other additional acts and
duties as may be required of him by ordinance.
I-OWNS — INOOSPOBATED. 595
ARTICLE VI.
Section 1. At the election lo be held in said town on Election of
the first Monday of April next and at such election on every P^atef ™''^'*"
fourth year thereafter, a police magistrate of the town of
Belle Prairie City shall be elected, who shall continue in
office until his successor is elected and qualified.
^ 2. Said police mao-istrate shall be commissioned and Jurisdiction of
",.,.,., -i => . ^. ™,, J police majcis-
qualmed in the same manner as justices of the peace are, and trates.
shall have the same jurisdiction, powers and emoluments as
other justices of the peace in IJamilton county. He shall
be a conservator of the peace for said town, and shall have
jurisdiction in all cases arising under the ordinances of the
town, and shall be entitled to the same fees for his services
as are now allowed to justices of the peace in similar cases
under the laws of this state, and to be collected in the same
manner.
.S3. It is hereby made the dutv of the police constable of i^.^ties of the
f) , / 1 1 /• tV •! i liolice constable
said town and of all constables of Hamilton county to execute
any process or order issued or made by such police magis-
trate in the county of Hamilton, in the same manner as
processes are executed by other justices of the peace.
ARTI CLE VII.
Section 1. The town council shall cause to be published, Acnuai state-
at the close of each year, a complete statement of the re- ^?pts*^'and* exi
ceipts and expenditures of the town during the year. penuiture?.
§ 2. The members of the town council, or any two of judges of eiec-
them, shall be judges of the annual election held in pursuance *^°°-
of this act and such special elections as may be ordered by
them, and shall conduct the same insuch manner as may be
prescribed by ordinance.
§ 3. All fines imposed and collected for violation of any Fines and for-
of the ordinances of said town and all license fees and other appuld.' ^^"^
moneys collected by virtue of this act or any ordinance
passed in pursuance of this act, shall be paid into the treas-
ury of said town by the oflicers receiving the same, and
shall constitute apart of the general fund thereof.
§ 4. Appcalsshall be allowed from decisions in all cases Appmi taken
arising under the provisions of this act or any ordinance passed ° """'^"'^ '^''**'"^-
in pursuance thereof to the circuit court of Hamilton county,
and every such appeal shall be granted in the same manner
and with like effect as appeals are taken from and granted
by justices of the peace to the circuit court in similar cases
under the laws of this state.
§ 5. The right of trial by jury shall be allowed to every J^ry trial.
person charged with a violation of any of the provisions of
this act or a breach of any ordinance of said town.
§ 6. The police constable to be appointed bf the town Jurisdiction of
council, as hereinbefore provided, shall have the same power ^° ^^ *^°°^^^
096 TOWNS — mCOEPOEATED.
and authority in all cases arising under the laws of this
state as other constables in Hamilton county, and shall
have the same right throughout the county of Hamilton to
serve any process issued by any court as other constables,
and he shall have authority and it shall be his duty to arrest
without warrant any person found engaged in a violation
of any ordinance of said town or any person liable to
escape, before warrant can be procured, and confine such
person in the town prison or other secure place or hold hiui
in custody until he may be brought to trial ; and any per-
son who shall forcibly resist said police constable in the dis-
charge of his duty shall, upon conviction thereof, forfeit
and pay a fine not exceeding one hundred dollars nor less
than ten.
competentwit- K Y. Any member of the town council or other ofiicer of
said town shall]be a competent witness in any suit, action or
prosecution wherein the town of Belle Prairie City may be
a party.
Suits instituted § 8. All suits, actions and prosccutious instituted, com-
name.""^^'^**^ jnencod or brought by the corporation hereby created, shall
be instituted, commenced and prosecuted in the name of
the town of Belle Prairie City.
Ordinances to § 9, All Ordinances and resolutions passed by the pres-
repeaied'^""' Ideut and trustecs of the town of Belle Kiver City shall
remain in force until the same shall be repealed by the
town council hereby created.
Fines ami i,en- § 10. All actious, fincs, penalties, forfeitures and clalms
v.'hich have accrued to the president and trustees of the town
of Belle Prairie City shall be vested in and prosecuted by the
corporation hereby created, and all liabilities incurred and
obligations entered into by or with the said president and
trustees shall be performed and executed to or by the cor-
poration hereby created.
Vested property ^ n, All property, real and personal, money or choses
in action, heretofore belonging to the president and trustees
of the town of Belle Prairie City shall be and the same is
hereby declared to be vested in the corporation created by
this act.
Promiiiifation § 12. The town couucil hereby established shall, immedi-
ofact. ately after the passage of this act, take measures to promul-
gate this law within the limits of the town of Belle Prairie
City, and cause an election to be held on the first Monday in
Aju'il next, for five trustees of the town council, and also
for a police magistrate, as herein required, giving due notice
of said election, as now required by the ordinances of the
town of Belie Prairie City.
Power to arrest § 13. It shall bc the duty of the sheriif and all deputy sher-
proccHs.^^' °"* iff's of Hamilton county ami the police magistrate of said town
and the town constables of said town and every member of
the town council or board of trustees herein provided for,
to immediately cause every person to be arrested and
TOWNS INCORPOKATED. 597
broaght to trial who shall violate any of the ordinances of
said town, when such violation shall in any way come to
their knowledge, and for any failure so to do any such offi-
cer shall be liable to indictment by the grand jury of Ham-
ilton county, and, on conviction, shall be fined in the sum
of ten dollars and costs of prosecution, or such person or
officer shall be liable to be sued before the police magis-
trate, and, on conviction, be fined in the sum of ten dollars,
to be collected as other fines herein provided for.
§ 14, This act is hereby declared a public act, and shall
be in force from and after its passage.
Approved March 30, 1860.
AN ACT to incorporate the town of Bethalto, Madison Countr. In force April
' ■ 19, 1869.
Section 1. Be it enacted hy the People of the State of
Illinois^ rejyresented in the General AssemMy^ That the
inhabitants of the town of Bethalto, in tho county of Mad-
ison, are hereby constituted a body politic and corporate,
by the name of " The President and Trustees of the Town Namejacd style.
of Bethalto ;'' and, by that name, shall have perpetual
succession, make and use a common seal, and alter the
same at pleasure, and in whom the government of the
corporation shall be vested and by whom its afiairs shall
be managed.
§ 2. The boundary lines of said corporation shall be Boundaries,
established as follows : Beginning at a stone, set at the north-
east corner of the southeast quarter of section number one (1),
in township five (5) north, range nine (9) west of the third
principal meridian ; thence running west forty (40) chains, on
the half section line, to the centre corner of said section one
(1); thence south, on the half section line, to the centre of sec-
tion number twelve (12), in the same township and range ;
thence east, to the township line dividing townships eight
(8) and nine (9) ; and thence, continuins; the same course
east, from said township line, forty (40) chains ; thence
north, parallel with said township line, eighty (SO) chains ;
thence west, forty (40) chains, to the place of beginning,
being one mile square — the centre being the southeast cor-
ner of said section one (1) and northeast corner of section
twelve (12), in said township five (5) north, range nine (9)
west of the third principal meridian.
§ 3. The inhabitants of said town, by the name aijd corporate pow-
style aforesaid, shall have power to sue and be sued, plead
and be impleaded, defend and be defended, in all courts of
law or equity and in all actions whatever; to purchase, re-
ceive and hold property, real and personal, beyond the '
598 TOWNS— INCOEPOKATED.
corporation limits, for burial grounds and other public pur-
poses, for the use of the inhabitants of said town ; to sell,
lease or dispose of property, real and personal, for the ben-
efit of said town, and to improve and protect such pro]Der-
tj, and to do all other things in relation thereto as natural
persons.
Powers of the ft 4_ The Corporate powers and duties of said town
trnstcos ■^ -^
shall be vested in five trustees, who shall form a board for
the transaction of business, and the following persons, to-
wit : John Y. Richards, James P. Gumming, Jacob Hup-
pert, Louis Klein, and John Cox, who may be in office as
trustees in said town, under the general incorporation law
of this town, shall be deemed to hold their offices by vir-
tue of this act until the first Monday in May, A. D. 1870,
and until their successors are elected and qualified.
Election of R 5. Qn the first Monday in May, A. D. 1870, an
election shall be held in said town of Bethalto, for the
election of five trustees of said town ; and thereafter, on
the first Monday in May of each year an election shall be
held for said officers. They shall be citizens of the United
States, twenty-one years of age, and shall possess a free-
hold estate within the limits of said town.
Qualification of g t\ All pcrsous who are entitled to vote for state offi-
cers by the laws of this state, and who shall have been
actual residents of said town six months next preceding
any election held under the provisions of this act, shall be
entitled to vote at any such election.
Qualifications § 7. The Said trustcos, at their first meeting, shall ap-
membfrs.'^"* " point onc of their body president, and shall judge of the
qualifications and returns of its own members, and shall
determine all contested elections in such manner as may
be provided by ordinance ; and all vacancies which may
occur in said board, hy absence from the town for three
months, death, resignation or otherwise, may be filled by
said board, on recommendation of the president and con-
firmation of said board : Brovided. that in all cases of a
tie vote of said board on any question whatsoever pending
before them, the president shall give the casting vote,
Quoruoi. § 8. A majority of the board shall constitute a quorum
to do business, but a smaller number may adjourn from
day to day and compel the attendance of absent members,
under such fines and penalties as may be prescribed by
ordinance, and shall have power to determine the rules of
their own proceedings, punish members for disorderly con-
duct, and, with the concurrence of two-thirds, expel a
member.
MocieofvoiiM-. § 0. All elections shall be held by ballot, and tie votes
shall be decided by lot, in the presence of the board of
trustees.
Oath of office. § 10. Each of the members of the board of trustees,
before entering upon the duties of his office, shall take and
TOWNS — INCOKPOliATED. 599
sabscribe an oath, before some justice of the peace of the
county, that he will support the constitution of the United
States and of this state, and that he will perform the du-
ties of his office to the best of his ability. And there shall
be at least one regular meeting of said board once in three
months, at such times and places as may be prescribed by
ordinance.
§ 11. The board of trustees shall have power to ap- ojgP°^f '"^''''
point a clerk, treasurer, assessor, one street commissioner,
and such other officers as may be judged necessary for car-
rying into effect the powers conferred upon said corpora-
tion by this act, and to require them to give such bonds
and security as may be deemed necessary to insure the
faithful performance of their respective duties, before en-
tering upon the discharge of the same, and who shall pos-
sess the same qualifications as are required for a member
of the board of trustees.
§ 12. The board of trustees shall have power and au- i,,SoTtai?'"
thority to levy, assess and collect taxes upon all property,
real and personal, withm the limits of said town, which is
subject to taxation for state and county purposes, not ex-
ceeding one-half per cent, upon the assessed value
thereof, and may assess and enforce the collection of the
same by ordinance, not repugnant to the constitution of
this state ; also, to appropriate money and provide for the
payment of debts and expenses of the town : Provided,
that no levy or assessment of taxes upon real or personal
property shall be made until after the expiration of live
years from the passage of this act, without a vote of the in-
habitants of said town, at au election to be held in said
town of Bethalto, at such time and in such manner and
under such restrictions as may be prescribed by ordinance.
§ 13, To make regulations to secure the general health General health.
of the inhabitants of the town, to declare what shall be
considered a nuisance, and prevent or remove the same.
§ 14. To open, abolish, alter, widen, extend, estabhsh, ,j.o?^|[reet8™"
improve and keep in repair streets, alle} s and public '''°^^ ^
grounds in said town, and erect, maintain and keep in re-
pair bridges, drains and sewers.
§ 15. To erect needful buildings for the use of the Buildings.
town, and to improve and protect pubHc buildings.
§ 16. To provide for the inspection and weighing of nay, coai, e^c.
hay and stone coal and the measurement of wood and fuel,
to be used in said town.
^ 17. To license, tax and regulate auctioneers, mcr- Auctioneers,
1 . ■ 1 1111 1 . peddlers, etc
chants, grocers, eatmg houses and peddlers ; and to regu-
late the tixing of chimneys and the flues thereof; also, to
regulate the storage of gunpowder and other combustible
materials.
§ 18. The trustees of said corporation shall have power Lioensea.
to license groceries and beer halls within the corporate
600
TOWNS — INCORPOKATED.
Gamin? houses
Esihibitions.
OflScers' fees.
Incumbering
streets.
Stock at large.
Pimishmeot o
violations.
Police.
HiiforcQ Ovcli-
uaiices.
limits of said corporation, upon such ternas and under sucli
restrictions as tliey may think proper, and to collect, have
and use, for corporate purposes, all the money raised from
grocery license and beer license granted by them for the
retailing of spirituous liquors, beer, etc., within the corpo-
rate limits of said town : Frovided^ that the power here-
tofore given to the county courts of the several counties in
this state to grant license for the retailing of spirituous
liquors, beer, etc^ shall no longer be applicable within the
corporate limits of the said town of Bethalto. They shall,
also, have power to suppress gaming houses, bawdy houses
and other disorderly houses, within said town ; to license,
tax and regulate theatrical and otlier exhibitions, shows
or amusements, and to provide for the trial and punish-
ment of persons who may be engaged in assaults and bat-
teries and affrays within the corporate limits of said town.
§ 19. To fix the fees and compensation of town offi-
cers, jurors, witnesses and others, for services rendered
under the provisions of this act.
§ 20. To prevent the incumbering of the streets, alleys
and public grounds of said town ; to protect shade trees ;
to compel persons to fasten horses, mules and other ani-
mals attached to vehicles, while standing upon any street
or alley, public road or uninciosed lot, in said town ; to
prevent the running at large of horses, cattle, sheep, hogs,
dogs and other animals ; to provide for tlie impounding
and distraining the same, and to provide for the sale of the
same for any penalty incurred, and to impose penalties
upon the owner or owners of any such animals for the vi-
olation of any ordinance in relation thereto. They shall,
also, have power to prevent the firing of squibs, rockets,
guns or other fireworks or combustibles within the limits
of said town.
§ 21. To provide for the punishment of persons who
may at any time disturb the peace of the inhabitants of
said town or the deliberations or proceedings of any pub-
lic meeting of said inhabitants or of the board of trustees
when in session.
§ 22. To regulate the police of the town; to impose
tines, penalties and forfeitures for the breach of any ordi-
nance, and to provide for the recovery and appropriation
of such tines and forfeitures and the enforcement of such
penalties : Provided, that in all cases the right of trial by
jury shall be allowed to any person or persons charged
with a breach of any of the provisions of this act or any
ordinance made in pursuance thereof.
§ 23. The board of trustees shall have power to make
and enforce all ordinances which may be necessary and
proper for carrying into effect all the powers specified in
this act or as the good of the inhabitants of said town may
require, so that such ordinances are not repugnant to nor
TOWNS — INCORPORATED. 601
inconsistent with the constitution of the United States or
of this state.
§ 24. The style of the ordinances of the town shall be, style or ordi-
" ^e it ordained by the President and Trustees of the
Town of Btthalto f and all ordinances shall, within one
month after they are passed, be published or made known,
by posting in three public places in said town copies of the
same; and the certificate of the clerk of the town, under
the seal of the ii\corporation, shall be prima facia evi-
dence of such ordinance and of its publication ; and no or-
dinance shall take effect until published or made known as
aforesaid.
§ 25. And all ordinances may be proven bv the seal of Evidence and
the town, and when published or printed in book or pam- P'^"^'^*'-
phlet form and purporting to be printed or published by
authority of the town of Bethalto, the same shall be re-
ceived as evidence in all courts and places, without further
evidence or proof.
DUTIES OP THE PRESIDENT.
Section 1. The president shall preside at all meetings of Presiding officer
the board, when present ; and in case of his absence at any
meeting, the board shall appoint one of their number
chairman, who shall preside at that meeting.
§ 2. The president or any two members may call spe- . special meet-
cial meetings of the same.
§ 3. The president shall be active and vigilant in en- .Enforcement of
^ t ~ laws.
forcing the laws and ordinances for the government of the
town. He shall inspect the conduct of the subordinate
officers, and cause negligence and willful violation of duty
to be punished. He shall have power and authority to
call upon all male inhabitants, over the age of twenty-one
years, of said town, to aid in enforcing the laws and or-
dinances ; and any and every person who shall fail or re-
fuse to obey such call shall forfeit and pay to said town the
sum of ten dollars.
§ 4. He shall have power, whenever he may deem it . Books oi^en for
necessary, to require of any officer of said town an exhibit ^^^^^ '°°*
of his books and papers, and shall have power to do all
other acts required uf him by any ordinance made in pur-
suance of the terms of this act.
MAGISTRATES AXD CONSTABLES.
Section 1, It shall be the duty of the trustees of said town. , Election of
J. , 1 ,.^ ^, "V. 1 . . .. ,5 justice of the
immediately atterthe passage oi this act, to give notice and jieace liud con-
cause an election to be held for a justice of the peace and ^^*''^''-
constable, who shall be elected by the qualified voters
within the corporate limits of said town, who shall take
the same oatli, execute the same bond, and be clothed
with the same power, authority, jurisdiction and subject to
Vol. Ill— 76
602 TOWNS — INCOKPOEATED.
the same liabilities as other justices of the peace and con-
stables within the limits of this state, and shall hold their
office, respectively, two years from the first Monday in
may next, and biennially forever thereafter ; also, shall
hold their offices until their successors are elected and
qnalitied.
Tin^e and place § 2. For the election of a justice of the peace and con-
ot eiecuou. stable for said town, after the first election, shall be held at
the same time and place of the election of trustees. And
the manner of holding all elections required by this act
shall be held and conducted and returns thereof made as
may be hereafter provided by the ordinances of the trus-
tees of said town by this act created,
commii'^/iolfec/"' § 3. The Said justice of the peace shall be commis-
by governor, sioned by the governor of this state, and shall be a con-
servator of the peace for said town, and shall have exclu-
sive jurisdiction in all cases arising out of or under the or-
dinances of the corporation, and shall have the same fees
and compensation allowed for similar services under the
laws of this state to other justices of the peace : Promded^
however^ that at the election or choice of said board of
trustees any justice of the peace residing within the limits
i>f said corporation may perform all the acts and duties of
police justice.
Appeal taken. g ^^ £j^ all cascs arising under the ordinances of said
town changes of venue and appeal shall be allowed, as in
other cases before justices of the peace; and the said cor-
poration shall be allowed to appeal in any case in which
they are parties, by causing their clerk to execute a bond,
in the name of the corporation, in the form now or which
may hereafter be- furnished by the law in other cases,
without other security, and an order entered upon the rec-
ords of said corporation directing said appeal shall be suf-
ficient evidence of the authority of said security to sign
said bond.
Jiirisfiiction of 8 5. The towu constablc elected under the provisions
coustal)le. x" \.i • , i n i i i • n
of this act, shall liave power and authority to execute all
processes issued for the breach of any ordinance of said
town, and for that purpose his power and authority shall
extend over the county of Madison, and shall have the
same power, jurisdiction and authority, within the limits of
said county, as other constables in all cases possess under
the laws of this state; and shall give bond and qualify as
said board shall by ordinance piescribe.
w^arrau.."'^''""' § 6. Thcsaid 'constable shall be authorized to arrest all
persons on view, without warrant, who shall violate any of
the provisions of this act or any of the ordinances of said
town made in pursuance thereof, and take, him, her, or
them before the Jusiice t)f the Peace of said town, to be
tiied and punifhed as may be prescribed by ordinance.
In case of the absence or inability of said constable to act,
any constable of said county of Madison shall have power
TOWNS — INCORPOEA.TED. 603
and authority to execute all processes and writs which may
be issued, in the same manner and with like effect as the
constable of said town.
STREETS AND ALLEYS.
Section 1. "Whenever it shall be necessary to take pri- openine streets
vate property for opening or altering any public street or '^^^ "^'^y^'-
alley in said town, the corporation shall make just compen-
sation to the owner or owners of said property, and pay or
tender the same before opening or altering such street or
alley ; and in case the amount of such compensation cannut
be agreed upon, the same shall be ascertained by six disin-
terested frefholders of said town, who shall be summoned
by the justice of the peace of said town for that purpose.
§ 2. The said jurors, so itnpanneled to ascertain the Benefits wid
damages which will be sustained, by the opening or alter "^^"*'^s"-
ing of any street or alley, by any person or persons sn
owning property, shall tirst be sworn to that effect by said
justice, and shall return to him their inquest, in writing,
signed by each of said jurors, and by him laid before tij^'
board of trustees at their fir^t meeting thereafter; and
either party may appeal therefrom to the circuit court of
Madison county, in such manner and upon such terms as
may be prescribed by ordinance.
S 3. In the apsessment of such damages, the iury shall . Tiuties of the
u o ' w •/ ^ Jury
take into consideration the benefits as well as the injury
happening to the owner of property proposed to be taken
for opening or altering a street or alley, by such opening
or alteration.
MISCELLANEOUS PROVISIONS.
Section 1. The inhabitants of the town of Bethalto Exempt from
are hereby exempted from working on any road beyond sidetowuTimiuI
the limits of said town, and the payment of any road tax
levied by the county court of Madison county ; and thu
board of trustees shall have power to regulate the collection
and application of said road tax within the limits of saiii
town, by ordinance; and the entire jurisdiction and contrc 1
of roads, highways and bridges in said town shall be held
and exercised by the board of trustees by this act provided.
§ 2. The board of trustees, for the purpose of keeping i^^t^r „„ ,he
the streets, alleys and highways in said town in repair, ari f^!^.^"'** ""^ *'"
authorized and empow^ered to require every able-bodie 1
male inhabitant of said town, over twenty-one years of ago
and under fifty, to labor on said streets, alleys and high-
ways any number of days not exceeding four in each year.
Any person failing to perform such labor, when duly noti-
fied by the street commissioner or authorized officer of said
town, shall forfeit and pay the sum of one dollar, to be paid
to said town, for each and every day so neglected and re-
fused.
60i TOWNS — INCOKPOKATED.
Willful viola- § 3. The board of trustees shall have power, for the
ithed.^''^ ^^^' pnuishmeut of offenders against any ordinance of said
town, by imprisonment in the county jail not exceeding
thirty days for any offense, in all cases where such offenders
shall fail" or refuse to pay the fines and forfeitures which
may be recovered against them. They shall also have
power to regulate the speed of locomotives and trains pass-
ing through the limits of said town.
Suits vpsted In § 4. All suits, forfeitures and penalties in and for the
corporation. violation of any ordinance shall be in the name of the
president and trustees of the town of Bethalto ; and the
board of trustees shall regulate, by ordinance, the form
and nature of the first and subsequent process, and the
mode of executing the same.
Not to give se- § 5, The incorporation hereby created shall not be re-
curitj oreos . ^^jj.^^^ ^^ ^^^j g^jj. brought for a violation of any ordinance
of said town, to file, before the commencement of any such
suit, or during the pendency thereof, any security for costs.
Vacate office of § 6. Whenever the justice of the pcacB herein provided
jusiice of the for shall rcmove from said town, resign or die, or his office
shall otherwise become vacated, tl^e board of trustees shall
immediately provide for filling such vacancy by election.
§ 7. This act is hereby declared a public act, and may
be read in evidence in all courts of law and equity in this
state, without proof, and shall be in force from and after its
passage.
Approved April 19, 1869.
In force April AN ACT to incorporate the towu of Bowensburg, in the county of Han-
^^- ^®^^- cock, and state of Illinois.
Section 1. £e it enacted by the People of the State of
Illinois^ represented ifi the General Assembly, That the
inhabitants of the town of Bowensburg, in the county of
Hancock, are hereby constituted a body politic and cor-
Name and style, porate, by the name of "The President and Trustees of
the town of Bowensburg;" and, by that name, shall have
perpetual succession, make and use a common seal and al-
ter it at })leasure, and in whom the government of the cor-
poration shall be vested and by whom its affairs shall be
managed.
Boundaries. § 2. The boundaries of said corporation shall be those
established by the tirt-t ordinance passed by the first board
of trustees of said town. Said ordinances, together with
all other ordinances now in force, are hereby legalized, and
may be read in evidence in all courts of law or equity in
this state without proof.
TOWNS — mOORPORATED. 605
§ 3. The inhabitants of said town, by the name and Powei-sanapri-
style aforesaid, shall have power to sue and be sued, plead "^'■'^=<=*-
and be impleaded, defend and be defended, in all courts of
law or equity and in all actions whatever ; to purchase, re-
ceive and hold property, real and personal, beyond the
corporation limits, tor burial grounds and other public pu;-
poses, fur the use of the inhabitants of said town ; to sell,
lease, or dispose of property, real and jjersonal, for the
benefit of said town, and to improve and protect such prop-
erty, and to do all other things m relation thereto as natu-
ral persons.
§ 4. The corporate powers and duties of said town shall Powers vested
be vested in live trustees, who shall form a bjard for the iJi '''i^'ees.
transaction of business ; and the persons who may be in
office as trustees in said town under the general incorpora-
tion law of this state shall be deemed to hold their othces,
by virtue of this act, until the first Monday in September,
Anno Domini, one thousand eight hundred and sixty-nine,
and until their successors are elected and qualitied.
§ 5. On the first Monday in September next, an elec- Election of
tion shall be held in said town of Bowensburg for election
of five trustees of said town ; and, thereafter, on the first
Monday of September, in each year, an election shall be
held for said officers. They shall be citizens of the United
States, twenty- one years of age, and shall possess a free-
hold estate within the limits of said town.
§ 6. All persons who are entitled to vote for state offi- Quauflcations
cers of this state and who shall have been actual residents ° ^'^''°"-
of said town six months next preceding any election held
under the provisions of this act shall be entitled to vote at
any such election.
§ 7. The said trustees, at their first meeting, shall ap- Qu.iiiflcation
point one of their body president, and shall judge of the ^'""^'^'"^e"'-
qualifications and returns of its own members, and shall
determine all contested elections, in such manner as may
be provided by ordinance.
§ 8. A majority of the board shall constitute a quorum Quommtodo
to do business, but a smaller number rray adjourn from day *'"*i'^^''*-
to day and compel the attendance of absent members, un-
der such fines and penalties as may be prescribed by ordi-
nance, and shall have power to determine the rules of their
own proceedings, punish a member for disorderly conduct,
and, with the concurrence of two-thirds, expel a member.
§ 9. All elections shall be held by ballot, and the tie Manner of
votes shall be decided by lot in presence of the board of ®'^"'''°-
trustees.
§ 10. Each of the members of the board of trustees. Oathoi office,
before entering upon the duties of his office, shall take and
subscribe an oath, before some justice of the peace of the
county, that he will support the constitution of the United
States and of this state, and that he will perform the duties
606 T0W1^IS — INCOKPOKATBD.
of his office to the best of his ability. And there shall be
at least one regular meeting of said board once in three
months, at such times and places as may be prescribed by
ordinance.
Appointmentof §11. The board of trustecs shall have power to appoint
officers. g^ clerk, treasurer, assessor and one or more street cotnruis-
sioners, and such other officers as may be judged necessary
for carrying into effect the powers conferred upon said cor-
poration by this act, and to require them to give such bonds
and security as may be deemed necessary to insure the
faithful performance of their respective duties, before en-
tering upon the discharge of the same, and who shall pos-
sess the same qualihcation as is required for a member of
the board of trustees.
Levy aud col- § 12. The board of trustees shall have power and au-
lecui^xe.-. thority to levy, assess and collect taxes upon all property,
real and personal, within the limits of said town, which is
subject to taxation for state and county purposes, not ex-
ceeding one-half per cent, upon the assessed value thereof,
and may assess and enf »rce the collection of the same by
any ordinance, not repugnant to the constitution of this
state ; also, to appropriate money and provide for the pay-
ment of debts and expenses of the town.
Sanitary reg-ti- g 13. To make regulations to secure the general health
of the inhabitants of the town ; to declare what shall be
considered a nuisance, and to prevent or remove the same.
streets, aiVeys, g i^.^ To Open, abulish, alter, widen, extend, establish,
^ ' ' improve and keep in repair streets, alleys and public
grounds in said town, and erect and maintain and keep in
repair bridges, drains and sewers.
Provide water. § 15. To provide the town with water; to sink and keep
in repair wells, and to erect needful buildings, for the use
of the town, and to improve and protect public buildings.
Inspection ot § 16. To providc for the inspection and weight of hay
coal '^^^ ^^°°^ ^^^ stone coal, and the measurement of wood and fuel to
be used in said town.
Anctioueers, § 17. To licensc, tax and regulate auctioneers, mer-
peddiers, etc. cliauts, grocers, cating-hou-^es aud peddlers, and regulate
the fixing of chimneys and flues thereof; also, to regulate
the storage of gunpowder and other combustible materials.
Gambiin-etc. § 18. To suppress gaining houses, bawdy houses and
other disorderljl houses within said town ; to license, tax
and regulate theatrical and other exhibitions, shows or
amusements, and to provide for the trial and punishment
of persons who may be engaged in assaults and batteries
and aliVays within tiie corporate limits of said town.
Compensation g 19. To flx the fccs and compensation of town officers,
ofoflicera. jm^ors, witncsscs and others, for services rendered under
provisions of this act : I*i'ovlded, that the president and
trustees shall not have compensation for services as such.
TOWNS INCORPORATED. 607
§ 20. To prevent the incumbering of the streets, alleys ohstmctionof
and public grounds of said town ; to protect shade trees;
to comj-.el persons to fasten hordes, mules and other ani-
mals attached to vehicles, while standing upon any street,
alley (ir uninclosed lot in said town ; to prevent the run-
ning at large of horses, cattle, sheep, hog-s and other ani-
mals, and to provide for the impounding and distraining
the same, and to provide for the sale of the same for any
penalty incurred, and to impose penalties upon the owner
or owners of any eueh animals for the violation of any ordi-
nance in relation thereto,
§ 21. To prevent running at large of dogs, and to pro- , Running at
.'■,,. ^ -.^ . ,' 1 1 1 . '^rge of dogs.
Vide for the destruction ot the same when at large contrary
to the provisions of ordinance in such cases made.
§ 22. To prevent the firing of squibs, rockets, guns or Fire-arms,
other fireworks or combustibles within the limits of said
town.
§ 23. To provide for the punishment of persons who Misdemeanor,
may at any time disturb the peace of the inhabitants offo"^^° pena ty
said town or the deliberations or proceedings of any public
meeting of said inhabitants ,or of the board of trustees
when in session.
§ 2i. To regulate the police of the town ; to impose Police, etc.
fines, penalties and forfeitures for the breach of any ordi-
nance, find to provide for the recovery and appropriation of
such tines and forfeitures and the enforcement of such
penalties : Provided.^ that in all cases the right of trial by
jury shall be allowed to any persons charged with a breach
of any of the provisions ot this act or any ordinance made
in pursuance thereof
§ 25. The board of trustees shall have power to make Enforcement of
and enforce all ordinances which may be necessary and
proper for carrying into efiect all the powers specilied in
this act or as the good of the inhabitants of said town may
require, so that tuch ordinances are not repugnant to nor
inconsistent with the constitution of the United States nor
this state.
§ 26. The style of the ordinances of this town shall be, ^tvie of ord-:-
" Be it ordai)iedby the President and Trustees of the Toion
of Boioenshurg f^ and all ordinances shall, within one
month after they are passed, be published or made known,
by potting in three public places in said town copies of the
same, and the certiticate of the clerk of the town, under the
seal of the corporation, shall be prima facie evidence of
such ordinance and of its publication ; and no oidinance
shall take elfect until published or made known as aforesaid.
§ 27. And all ordinances may be proven by the seal of
the town, and, when published or printed in book or Orfiiuancos
pamphlet form and purporting to lie printed or puhlished dence.
by authority of the town of Bowensburg, the s;.me shall be
received as evidence in all cciurts and places without fur-
ther proof.
608 TOWNS — INCOKPOKATED.
DUTIES OF THE PRESIDENT.
Presiding officer SECTION 1. The president sliall preside at all meetings
of the board, when present; and in case of his absence at
any meeting the board shall appoint one of their number
chairman, who shall preside at that meeting.
Special meet- § 2. The president or any two members may call special
ings' meetings of the same.
Active nnrt vi- § ^- The president shall be active and vigilant in enforc-
piiam ill enforc- ing the laws and ordinances for the government of the
ng aw8. town. He shall inspect the conduct of the subordinate of-
ficers and'cause negligence and willful violation of duty to
be punished. He shall have power and authority to call on
all male inhabitants over the age of twenty one years of
said town to aid in enforcing the law and ordinances ; and
any and every person who shall fail or refuse to obey such
call shall forfeit and pay to said town the sum of ten dollars.
Exhibit of § 4. He shall have power, whenever he may deem it
pers!'^ ^^^ ^'^" necessary, to require of any oiBcer of said town an exhib-
it of his books and papers ; and shall have power to do all
other acts required of him by any ordinance made in pur-
suance of the terms of this act.
MAGISTRATES AND CONSTABLES.
Election nf Seotion 1, It shall be the duty of the trustees of said
justice of peace fQwn to give uoticc fop and cause an election to be held
for a justice of the peace and constable, who shall be elect-
ed by the qualified voters within the corporate limits of
said town, who shall take the same oath, execute the same
bond, and be clothed with the same power, authority, juris-
diction, and subject to the same liabilities as other justices
of the peace and constables within the limits of this state,
and shall hold their ofiices, respectively, two years from the
first Monday in September next, and biennially forever
thereafter ; also, shall hold their ofiices until their succes
sors are elected and qualified.
Election of § 2. For the election of a justice of the peace and con-
con«iabie». gtablc for Said town an election shall be held at the same
time and place as that for election of trustees ; and the
manner of holding all the elections required by this act
shall be held and conducted and returns thereof made as
may be hereafter provided by the ordinances of the trus-
tees of said town by this act created.
Justices com- § 3. The Said justice of the peace shall be commissioned
inis.-ioncd by jjy [\^q o-ovemor of this State, and shall be a conservator of
the governor. / " ,. • i , i i n i ,...,.
the peace lor said town, and shall have exclusive jurisdic-
tion in all cases arising out of or under the ordinances of
the corporation, and shall have the same fees and compen-
sation allowed for sinfilar services under the laws of this
state to other justices of the peace. In case of his absence
TOWNS — INOORPOBATED.
609
or inability to act, any justice of the peace having an office
in said town or county shall have power and authority to
iiear and determine all cases which may arise under the or-
dinances of said town.
§ 4, In all cases arising under the ordinances of said Appeal taken,
town, changes of venue and appeals shall be allowed as in
other cases before justices of the peace; and the said cor-
poration shall be allowed to appeal in any case in which
thev are parties, by causing their clerk to execute a bond,
in the name of the corporation, in the form now or which
may hereafter be furnished by law in other cases, without
other security ; and an order entered upon the records of
said corporation, directing said appeal, shall be sufficient
evidence of the authority of said secretary to sign said
bond.
^5. The town constable elected under the provisions of Jurisdiction of
, > , 1, , 1 ^1 -^ . i. 11 police eonstabie
this act shall have power and authority to execute all pro-
cesses issued for the breach of any ordinance of said town,
and, for that purpose, his power and authority shall extend
over the county of Hancock, and shall have the same power,
jurisdiction and authority, within the limits of said county,
as other constables in all cases possess under the laws of
this state, and shall give bond and qualify as said board
shall by ordinance prescribe.
§ 6. The said constable shall be authorized to arrest all o^'^^j^o^t^ro
persons on view, without warrant, who shall violate any of cess.
the provisions of this act or any of the ordinances of said
town made in pursuance thereof, and take him or her or
them before the justice of the peace of said town to be tried
and punished as may be prescribed by ordinance. In case
of the absence or inability of said constable to act, any con-
stable of said county of Hancock shall have power and au-
thority to execute all processes and writs which may be is-
sued in the same manner and with like effect as the con-
stable of said town.
STREETS AND ALLEYS.
Section 1. Whenever it shall be necessary to take pri- Private prop
ertj' may beat-
vate property for opening or altering any public street or ken forbpenin,
streets.
alley or the building of any side walk or making any other
public improvement in said town, the corporation shall
make just compensation to the owner or owners of said
property, and pay or tender the same before opening or al-
tering such street or alley ; and in case the amount of such
compensation cannot be agreed upon, the same shall be as-
certained by six disinterested free holders of said town,
who shall be summoned by the justice of the peace of said
town for that purpose.
§ 2. The said jurors, so impanneled, to ascertain the _Jtii"r to eeti-
damages which will be sustained by the opening or altering
of any street or alley by any person or persons so owning
Vol. 111-77
male dam igee.
610 TOWNS — INCORPORATED.
property, shall first be sworn to that eflect by said justice,
and shall return to him their inquest, in writing, signed by
each of said jurors, and by him laid before the board of
trustees at their first meeting thereafter ; and either party
may appeal therefrom to the circuit court of Hancock coun-
ty, in such manner and upon such terms as may be pre-
scribed by ordinance.
Benefits and § 3. In the asscssment of such damages, the jury shall
damages. ^.^^j.^ ^^^^ consideration the benefits as well as the injury
happening to the owner or owners of property proposed to
be taken for opening or altering a street or alley by such
opening or alteration.
Levy tax. § 4. That the board of trustees shall have power to levy
and collect a special tax on the owners of lots on any street
or part of street, according to their respective fronts, for the
purpose of grading, paving or otherwise the sidewalks on
said street or part of street.
^'°'^;Kk^' °" "^ § ^- Whenever the said board of trustees shall deter-
mine to build any sidewalk or make any other public im-
provement in front of any lot or part of lot, the said lot or
part of lot shall be assessed for such purpose to such
amount as may be agreed by the owner thereof and such
board of trustees ; and in case no such agreement can be
made, the amount of such assessment shall be ascertained
by six disinterested freeholders of said town, as hereinbe-
fore provided for the assessment of damages for property
taken for opening or altering public streets, alleys, etc., and
the amount of such assessment, when ascertained, to be col-
lected in the same manner as is or may be provided for the
collection of taxes of said town or as may be provided by
ordinance.
MISCELLANEOUS PROVISIONS.
Exempt from SECTION 1. The inhabitants of the town of Bowensburg
eldetovvn^H.Li'L" are hereby exempted from working on any road beyond the
limits of said town and the payment of any road-tax levied
by the commissioners of highways of the township of Chili;
and the entire jurisdiction and control of roads, highways
and bridges in said town shall be held and exercised by the
board of trustees by this act provided.
inhnbit.mtsto § 2. The boai'd of trustees, for the purpose of keeping
aiie°/s"ctc.'"^ *' the streets, alleys, and highways in said town in repair, are
authorized and empowered to require every able bodied
male inhabitant ot said town, over twenty-one years of
age, and under fifty, to labor on said streets, alleys and
highways any nuinbei- of days, not exceeding three in each
year. Any {)er^on failing to perform such labor, when
duly notified by the street commissioner or other author-
ized officer of said town, shall forfeit and pay the sum of
one dollar and fifty cents, to be paid to said town, for each
and every day so neglected and refused.
TOWNS — INOORPOBATED. C 1 1
§ 3. The board of trustees shall have power to provide Punishment or
for the punishment of offenders againbt any ordinance ot'*^ "^ "''"
said town, by imprisonment in the county jail not ex-
ceeding- thirty days for any one offense, in all cases where
such offenders shall fail or refuse to pay the tine and for-
feitures which may be recovered against them,
§ 4. All suits for lines and penalties in and for the vio- suits insutuie.i.
lation of any ordinance shall be in the name of the presi-
dent and trustees of the town of Bowensburg; and the
board of trustees shall regulate, by ordinance, the form
and and nature of the first and subsequent process and
mode of executing the same.
§ 6. The incorporation hereby created shall not here- Kottogiveer-
quired, in any suit brought for a violation of any ordinance cm-'iyfor cu^i.
of said town, to file before the comment-eoient of any sucli
suit, or during the pendency thereof, any security fur coste.
§ 6. All ordinances and resolutions passed by the pres- oifi ordinaues
ident and trustees of the town of Bowensburg shall remain ^"^ '
in force until the same shall have been repealed by the
board of trustees hereby created ; and all actions, tines pen-
alties and forfeitures which have accrued to the president
and trustees of said town or which may hereafter accrue to
them, prior to the taking effect of this act, shall be vested
in and prosecuted by the corporation herein created.
§ T. All property belonging to the president and trus- .Property vos'ed
tees of the town of Bowensburg, for the use of the inhabi- " "-p'"'* '""■
tants of said town, shall, upon this act taking effect, be ves-
ted in the corporation ; and this act shall not invalidate any
act done by said president anu trustees, nor divest them of
any rights which have accrued to them pripr to the passage
of this act.
§ 8. Whenever the justice of the peace herein provided omce vacated.
for shall remove from said town, resign or die, or his ofiicc!
shall otherwise become vacated, the board of trustees shall
immediately provide for filling such vacancy by election.
§ 9. It shall be the duty of the board of trustees to have survev and pia-.
the town replatted and correctly recorded, and the neces-
sary expense thereby incurred to be paid out of any funds
belonging to the town, not otherwise appropriated.
§ 10. The alley running through blocks eleven (11) and gtit'A';""'''"'' °^
fourteen (14) of said town is hereby widened to a street, to
be called "Broadway," by adding to it forty (40) feet oft'
the west side of the east half of said blocks : Provided, any
damages to the owners thereof shall be ascertained, and
assessed in the manner hereinbefore provided for the open-
ing or altering any public street or alley, etc.
§ 11. To prohibit and suppress the sellins:, tradins: or Pn whit faie
• . ^ • . -., • I " 1^ 1- of ardent spirits.
givmg away ot any vmous, spirituous, mixed or mait liquor^;
or intoxicating drinks, the trustees of said town shall liave
full and complete power and authority, as provided in other
cases for violation of the ordinances of said board of trus-
612
When act
take eQ'ect.
TOWNS — INCOKPOEATEB.
tees : Provided, that they may allow 'bona fide drngorists to
sell the same, in good faith, for purely medicinal, mechan-
ical and sacramental purposes, and for no other, under such
restrictions and requirements as may be by ordinance pro-
vided.
§ 13. This act is hereby declared a public act. and may
be read in evidence in all courts of law and equity in this
state, without proof. This act shall take eifect and be in
force from and after its passage.
In force April 15, 1869.
I, Edwasd RirMMFX, Secretary of State, do hereby certify that the foregoing act of
the Twenty-sixth General Assembly of the State of Illinois was filed iu the office of the
Secretary of State, April 15, 1869, without the signature of the Governor, but, by virtue
of Section 21, Article IV, of the Constitution of this State, ihe same is now declared a
law, having been retained over ten days by the Governor after its reception.
EDWARD RUMMEL, Sec'y of StaU.
In force March
" ' ■ AN ACT to incorporate the town of Bradford, in the county of Stark.
ARTICLE I.
Section 1. Be it enacted hy the Pepole of the State of
Illinois, represented in the General Asseiyibly, That the in-
habitants of the town of Bradford, in the county of Stark,
Name and style, and State of Illinois, be and they are hereby constituted a
body corporate, by the name and style of "The Town of
Bradford ;" and, by that name, shall have perpetual suc-
cession, and may have and use a common seal, which they
Boundaiiea, may change and alter at pleasure.
§ 2. The territory included in the corporation hereby
created shall be as follows, to wit : The south-east quarter
of section number twenty-three (23), the south-west quarter
of section number twenty-four (24), the north-west quarter
of section number twenty-live (25), and the north-east quar-
ter of section numbei' twentj'-six (^26), in township number
fourteen (14) north, and range seven (7) east of the foui'th
principal meridian, in the county of Stark, and state of Illi-
nois: Provided, that whenever any tract of land adjoining
said town is laid off into town lots and recorded as required
by law, the same may be attached to and form ])art of said
town, by an ordinance of the town council of said town to
that effect ; and whenever the owner or owners of any tract
of land adjoining said town shall lile with the said town
council a request, in writing, to do so, the said tract of land
Powers of the may, by ordinace be attached to any part of said town.
"" "" § 3. The inhabitants of said town, by the name and
style aforesaid, shall have power to sue and be sued, im-
plead and he iinpleiuled, defend and be defended, in all.
courts of law and equity and in all actions whatsoever; to
purchase, receive and hold property, both real and person-
al, within the limits of said town ; to purchase, receive and
corporation.
TOWNS — INCORPORATED. 613
hold real property, beyond the limits of said town, f^r
burial grounds or other purposes, for the use of said inhab-
itants ; to improve and protect such property, and l^ai^e,
sell, convey and dispose of the same ; and do all other acts
and things in relation thereto as natural persons.
ARTICLE II.
Section 1. The municipal government of said town shall council.
be vested in a town council, consisting of live trustees, who
shall be elected annually by the legal voters of said town,
and continue in office until their successors are elected and
qualified.
§ 2. No person shall be a member of the town council, Qnaimcations.
unless he shall have been a resident of said town one year
immediately preceding his election, and shall be, at the
time of his election, twenty-one years of age and a citizen
of the United States and a freeholder.
§ 3, If any member of the town council shall remove office vacated.
from the town, his office shall thereby be vacant.
§ 4. All vacancies that may occur in the town council vacancies, how
shall be tilled by election.
§ 5. The town council shall be the judges of the quali- Election returns
fications, elections and returns of its own members, and
shall determine all contested elections in relation thereto.
§ 6. A majority of the town council shall constitute a Qnorum.
quorum for the transaction of business, but a smaller num-
ber may adjourn from time to lime and compel the attend-
ance of absent members, under such tines and penalties as
may be prescribed by ordinance.
§ 7. The town council ahali determine the rules of its Rnies^ of pro-
proceedings, but no member thereof shall be appointed to
any office under its authority.
§ 8. The town council shall cause to be kept a journal ceed^^i"^^"^""
of its proceedings ; and such journal, purporting to be a
record of the proceedings of the town council, shall be re-
ceived in all courts and places, without further proof, as ev-
idence of all matters contained therein.
§ 9. Every member of the town council, before enter- oath of office,
ing upon the discharge of the duties of his office, s\\A\ take
an oath or affirmation that he will sup]>ort the constitution
of the United States and of this state, and that he will well
and truly perform the duties of his office to the best of his
ability.
§ 10. Whenever there shall be a tie vote in the election Tie vote, how
for members of the town council, the judges of election shall ^'"'^^^'^■
determine the same by lot and enter the result thereof on
their returns of election.
§ 11. There shall be a regular meeting of the to^n^^^i^^ meetings
council in each month and tuch other meetings as may be
called, to be held at such time and places as may be pre-
scribed bv ordinance.
614 TOWNS — INCOKPOKATED.
ARTICLE III.
Election of SECTION 1. On the second Tuesdaj in April, A.D. 1S69,
tee^s*^ "' ^^^^' ^^^ ^^ ^^^ second Tuesday in April, in each year thereaf-
ter, an election shall be held in said town for the purpose
of electing live trustees, to be members of the town cuuii-
cil hereby established ; which said trustees, when elected
and qualified, shall select one of their number to be presi-
dent of said town council : Provided^ however^ that if, for
any reason, an election shall not be held in any year {^\x
such day the town council may order an election to be
held at any other time, as soon thereafter as may be, giv-
ing due notice thereof, as may be prescribed by ordinance.
Ouaiifications § ^- Every person entitled to vote for state officers, and
of elect. rs. who shall have an actual residence in said town for thirty
days next preceding such election, shall be entitled to vote
thereat.
ARTICLE IV.
May levy tax. SECTION 1, The town council shall have power to levy
and collect taxes upon all property, real and personal, with-
in the limits of said town, not exceeding one-half of one
per cent, per annum upon the assessed valuation thereof,
for general purposes ; and they may enforce the payment of
said taxes in any manner, to be prescribed by ordinance,
not repugnant to the constitution and laws of the United
States or of this state : Provided., that the town council
may, by ordinance, provide that all such taxes shall be as-
sessed and collected by the same assessor and collector
whose duty it shall be, by law, to assess and collect the
state and county tax in township fourteen (14) north, range
seven (7) east of the fourth principal meridian, in said coun-
ty of Stark ; and it shall be the duty of the town council to
certify to the county cltrk of said county, on or before the
tirst day of September, in each year, the rate per cent, of
taxation levied by them for general purposes for said year,
together with a list of names of all tax payers residing with-
in the corporate limits of said town ; and it shall be the
^ duty of said county clerk to extend said tax upon the books
of the assessor and collector of said township in the same
manner that he is now rt-quired by law to carry out and
extend the district school tax against the name of each tax
payer owniing property in said town ; and said tax shall be
collected in every respect and the collection thereof en-
forced in like manner and with like remedies as the state
and county tax, and shall be paid over by the collector of
said township to the treasurer of said town at the same
time that the county tax is required to be paid to the coun-
ty treasurer. And any court which shall order judgment
iu the said county of Stark against lands and lots in said
TOWNS — INCORPOKATED. 615
town for non-payment of taxes due the state and county
shall at the same time inohide in the same judgment any
and all taxes which may be due said town. And the coun-
ty clerk, the county treasurer and the township collector
shall receive the same compensation which may be allowed
by law for extending and collooting state and county taxes ;
and the township collector shall be liable on his official bond
for the payment of all such town or corporation tax by him
collected.
§ 2. To borrow money upon the credit of said town : May borrow
riovided, that the interest payable upon the aggregate of ^'^"^y-
all sums borrowed and outstanding shall never exceed, in
any year, one-half the town revenue from real estate for
that year.
§ ?>. To appropriate money and provide for the pay- Appropriations.
ment of all debts and expenses of the town.
§ 4. To appoint a clerk, treasurer, assessor, collector, po- ^^^^°^^^^^^'
lice constable, street commissioner, and such other officers as
they may deem expedient, for carrying this act into full ef-
fect, and to prescribe their duties ; to require all officers so
appointed to take an oath for the faithful performance of
such duties, and to give bonds, with such securities and pen-
alties as may be prescribed by ordinance.
§ 5. To fix the compensation of town officers, regulate COTnpensation
the fees of jurors, witnesses and others, for services render-
ed under this act, and to remove from office any person ap-
pointed by them.
§ 6. To make regulations to prevent the introduction of Contagions dis-
contagious diseases into the town, and to enforce the same ^'^^^^'
within three miles of said town.
§ 7. To make regulations to secure the general health General health,
of the inhabitants; to declare what shall be deemed a nui-
sance, and to prevent, abate and remove the same, and to
punish the author thereof.
§ 8. To open, extend, grade, pave, or otherwise improve street im-
any streets, lanes, avenues, alleys, roads, squares, commons, p''"^®™®"
parks, or other public grounds or places in said town, and
to have exclusive control of the same ; and to build and
keep in repair bridges, culverts, street crossings and side-
walks in said town, and, to this end, they may require ev-
ery able bodied male inhabitant thereof, over the age of
twenty-one years and under fifty, to labor on such streets,
alleys, lanes, avenues or public grounds, not exceeding four
days in every year, or pay commutation, in lieu thereof, at
the rate of two dollars for each day they may be so required
to labor; and the iidiabitants of said town are hereby ex-
empted from working on anyroad beyond the limits of said
tov^n and from paying any commutation therefor.
§ 9. To provide fur the erection of all needful buildino^s .Jfeedfuibuiid-
for the use of said town, and to levy special taxes therefor,
when authorized to do so by the legal voters of the town at
in''s.
616 TOWNS — INCOKPOEATED.
any election, and to collect the same as other taxes are col-
lected.
Extingui-hmcnt g iQ, To provide f jr the prevention and extinguishment
of iires, and to provide public wells and cisterns.
Baiiroad track?, §11. To require railroad companies to construct and
bridges, etc. j^ecp in repair suitable crossings at the intersection of streets
and alleys, when the council shall deem necessary, and to
regulate the speed of locomotive engines within the town
limits.
Eimning at § 12. To restrain, regulate and prohibit the running at
aulMttie. ° large of horses, cattle, sheep, swine and other animals, and
tu authorize the distraining, impounding and sale of the
same, when found running at large contrary to any ordi-
nance, and to prevent any indecent exhibition of horses or
other animals.
Public pound- I 13^ To establish and maintain a public pound, ap-
pomt a pound master and prescribe his duties.
Dogs at la-ge. | i4_ To prevent and regulate the running at large of
dogs, and to authorize the destruction of the same when
running at large contrary to any ordinance.
Horse-raciug g 15. To prevent horse- racing or any immoderate ri-
■^ ding or driving of horses or other animals, within the lim-
its of said town ; to prevent the abuse of animals, and to
compel persons to fasten their horses or other animals at-
tached to vehicles or otherwise while standing or remaining
in any street, square, vacant lot or other open place in the
town.
Indecencies. § 16, To prohibit and prevent any indecent exposure
of the person or other lewd or shameful practice and pun-
isli persons guilty thereof.
Prevent riot- | 17. To supprcss, prevent and prohibit any riot, affray,
tumult or disturbance of the peace, by loud or unusual
cries, noises or other disorderly conduct, disorderly as-
semblages, assaults, assaults and batteries, firing of squibs,
rockets or guns, or other combustibles or fire-arms, within
the limits of said town.
va^e'^'^fMrt'^"" ^ ^^' '^^ prohibit, prevent and punish any wanton in-
jury to private property, disorderly intrusion upon any
private premises, petty pilfering, injury or destruction of
shade trees, or any disorderly proceedings, endangering or
trespassing upon tiie rights of private persons or property.
Exiiibitious. g 19. To llceiise, tax and regulate theatrical and other
exiiibirions, shows and amusements, and auctioneers, hawk-
ers, ordinaries, and gift enterprises.
Gaming iionscs. § 20. To restrain, prohibit and suppress all descrip-
tions of gambling, swindling and fraudulent abuses, and to
punish all persons engaged therein.
Suppress d=g- ji 21. To restrain, prohibit and suppress tippling
orderly Iioubcb. i j > ' *, i i- i i j
nouses, dram sliops, saloons, gambhng houses, bawdy
houses, and other disorderly establishments.
TOWNS INCORPORATED. 617
§ 22. To license and regulate or suppress and prohibit, Liquors,
tlie selling, bartei'ing, exchanging, giving away, trafficking
in, or in any manner disposing of, any wine, gin, rum,
brandy, whisky, ale, beer or any other vinous, spirituous,
malt, nn'xed or intoxicating beverages, within the limits of
said town.
§ 23. To ))rovide for taking the census of said town. Census.
§ 24. To pass all ordinances which they may deem nee- Pas'^andtnfone
essary and proper for carrying into full effect the provisions ordinances,
of this act and for the regulation of the municipal govern-
ment of said town, and to execute the same ; and to impose
fines, forfeitures and penalties for the violation of any ordi-
nance or any of the provisions of this act, and to provide
for tlie enforcement of such ordinances and the recovery of
such fines, forfeitures and penalties, in any manner not re-
pugnant to the laws of this state : Provided^ that in no case
shall any such tines, forfeitures or penalties exceed the sum
of one hundred dollars for any one oti'ense ; and any such
fine, forfeiture or penalty may be recovered before the po-
lice magistrate hereinafter provided for or before any justice
of the peace in said county of Stark, in the corporate name of
said town ; and such police magistrate or justice of the peace
may, unless the amount of the judgment be paid forthwitli
or satisfactory security given, issue execution against the
goods and chattels of any t>fieuder immediately upon ren-
dition of judgment, or he may direct that such ofi'ender be
held in custody and compelled to work out the amount of
such tineri and costs upon the public streets in said town.
§ 25. All ordinances passed by the town council shall Record of aii
be recorded in a book to be kept for that purpose, which °^' *"''""*•
book, purporting to be a record of the ordinances of said
town, shall be received in evidence in all courts and places,
without further proof or authentication,
§ 26. The style of the ordinances of said town shall be. stvicof ordi-
'-^ Be it ordained hy the Town Council of the Town (^'^""^''^•
Bradford^
§ 27. Printed or written copies of all ordinances passed po-tinirof aii
by the town council shall be posted up in at least three of o"^'"""'^''---
the most public places in said town within thirty days after
their passage, and all ordinances shall take eftect and be in
force at the expiration of ten days after the same shall
have been posted up.
§ 28. All ordinances of the town may be proven by the Proof or ordi-
sealof the corporation or by the private seals of the president
and clerk, and when printed and published in book oi'
pam) hlet form and purporting to be printed or publisheii
by authority of the town council, shall be received in evi-
dence in all courts and places, without further authentica-
tion or proof; and any ordinance ol said town, printed and
published in any newspaper in said county of Stark aixl
purporting to be printed and published by authority of the
Vol. 111—78
naai-ea.
61 S TOWNS — INCOKPOEATED.
town council, shall in like manner be received in evidence
in all courts or places, without further authentication or
proof.
ARTICLE V.
Private prop- Section 1. The towu council of said town shall have
pubiic^use" ^°^ power to take private property for public uses, for opeoing,
widening, altering or improving any road, street, alley or
other public place in said town ; and may require and en-
force the removal of fences, buildings or other obstructions,
and may enter upon any premises within or adjoining vhe
limits of said town, for the purpose of providmg suitable
ditches or drains, where it may be necessary to improve
any road, street, alley or other public place : Provided^
that said town council shall make just compensation to the
owner or owners of any such property, and shall pay or
tender the same before taking, using or entering upon such
property or premises.
Assessment of § 2. In casc the amount of such compensation cannot
damages. y^^ agreed upon, the town council shall inform the police
magistrate of said town or any justice of the peace in said
county of Stark ; and said police magistrate or justice of
the peace shall cause the same to be ascertained by a jury
of six disinterested freeholders of said town or county:
Provided, that the town council shall give the owner,
agent or person occupying such property at least five days'
notice of the time and place such jury will be impanneled :
Provided^ further^ that in the assessment of such damages
or compensation they the jury shall take into consideration
the benefits as well as the injury happening to such prop-
erty or to the owners thereof by such opening, widening,
altering, ditching, draining or otherwise improving any
road, street, alley or other public place in said town.
Verdict of jury. § 3. All jurors impannuled to inquire into the amount
of benefits or damages which shall happen to such prop-
erty or to the owners thereof, by reason of taking or using
the same for public use, shall first be sworn to that etfect,
and shall return to the police magistrate or justice of the
peace their verjict or decision, in writing, signed by each
juror.
ARTICLE Yl.
Annual election SECTION 1. At the election to be held in the said town
oioiiicers. of Bradford, on the second Tuesday in April next, and
such election in every fourth year thereafter, a police mag-
istrate of the town of iiradll-rd shall be elected, who shall
continue in otii(.-e four years and until his successor is elec-
ted and qualified ; and no person shall be eligible to the
ofliee ot the pulice magistrate unless he is eligible to the
office of trustee of said town.
TOWNS — INOORPOKATED. 619
§ 2. The police magistrate shall be comraissioned by Jnrisaictiou of
the sfovernor as a justice of the peace, and, as snch, shall fratT "^'*^''^"
qnalify in the same manner, give bond and take and sub-
scribe rhe same oath of office as other justices of the peace,
and siiall have the same jurisdiction, powers and emolu-
ments as other justices of tlje peace in said county of Stark,
Jle shall be a conservator of the peace for said town, and
shall have jurisdiction in all cases arising under the ordi-
nances of said town, in preference to other justices of the
peace, and shall be entitled to the same fees fur his servi-
ces as are now or may hereafter be allowed to justices of
the peace in similar cases under the laws of this state, and
to be collected in the same manner.
§ 3. It is hereby made tiie duty of the police constable nnties of the
of said town, and of all constables of Stark county, to ex- P"'^®'^^^^'* i«
eciite any writ, process or order, made or issued by said
police magistrate, in the county of Stark, in the same man-
ner that writs, process or orders are executed that are is-
sued by other justices of the peace.
§ 4. The police constable to be appointed by the town Powers,
council, as hereinbefore provided, shall have the same pow-
ers and authority, rights, privileges and qualifications, and
shall; have the same jurisdiction, and be entitled to the same
fees, and be liable to the same penalties as constables now
are or may hereafter be under the laws of this state, and
shall give a bond, conditioned for the faithful performance
of the duties of his ofiice, as may be prescribed by ordi-
nance— said bond to be approved by the town council.
And said police constable shall have authority to arrest,
without warrant, any person found engaged in a violation
of any ordinance of said town, or any person liable to es-
cape before warrant can be procured, and confine such per-
son in the town prison or other secure place, or hold him
in custody until he may be brought to trial; and any per-
son who shall forcibly resist said police constable in the
discharge of his duty shall, upon conviction thereof, for-
feit and pav a tine not exceeding one hundred dollars nor
less than ten dollars.
ARTICLE VII.
Section 1, Appeals shall be allowed from decisions in take*n.^'^^^' ^°^
all cases arising under the provisions of this act or any or-
dinance passed in pursuance thereof, to the circuit court of
the county of Stark ; and every such appeal shall be gran-
ted in the same manner and with like etfect as appeals are
taken from and granted by justices of the peace to the cir-
cuit court in similar cases under the laws of this state :
Frovidedy that when the town shall appeal a bond filed by
the clerk of the board, in the name of the town, shall be
deemed sutficient to obtain an appeal.
620 TOWNS — mCOBPORATED.
Jury trial. § 2. The light of trial by jury shall be allowed to any
person charged with a violation of any of the provisions
of this act or a breach of any ordinance of said town.
Competent w=t- § 3. Any member of the town council, or other oflBcer
nesses. ^^^ ^^j^ town, shall be a competent witness in any suit, ac-
tion or prosecution wherein the town of Bradford may be
a party.
Suits ins it.itpd § 4, AH suits, actious and prosecutions instituted, com-
inuameo town j^^j^^g^j ^j. brought by the Corporation hereby created, shall
be commenced and prosecuted in the name of the town of
Bradford.
Fines, forfeit- § 5. All flucs imposed and collected for violations of
ure?,Btc. j.j^.g act or any ordinances of said town; and all license
fees and other moneys collected by virtue of this act, or
any ordinances passed in pursuance of this act, shall be
paid into the treasury of said town by the officer receiving
the same, and shall constitute a part of the general fund
thereof.
ARTICLE VIII.
Chief execi.- Section 1. The president of the town council shall be
tive officer. ^j^g chief executive officer of the corporation, and, as such,
shall be a conservator of the peace, and have power to ar-
rest, without warrant, and bring to trial any person guilty
(if a violation of any ordinance or provision of this act ;
and he may appoint, from time to time, as the same may
appear to him necessary, such watchmen, by day or night,
as may be requisite to preserve the peace in any emergen-
cy or apprehended disturbance ; and such watchmen, so
appointed, are hereby authorized to anest, without war-
rant, and confine any person found engaged in the violation
of any ordinance of said town, precisely as the police con-
stable of said town is by this act authorized to do.
Dntic? of ihe ft 2. The president shall enforce the laws and ordinan-
president. ,■ -i /»i iiii- i
ces tor the government oi the town ; he shall inspect the
conduct of subordinate officers, and shall have power to
require any officer of said town to exhibit his books and
papers; he shall preside at all meetings of the town coun-
cil, and have a casting vote in the case of a tie, but no other.
In his absence the council shall appoint one of their num-
ber to preside at such meeting.
Special meet- § 3. The president or any two members may call a spe-
*""'*■ cial meeting of the town council.
Signature of § 4. The signa*"ure of the president to any paper or doc-
pres CL . unient, as president ot the town of Bradford, with that of
the clerk, attested by the seal of the town or their own
])rivare seals, shall constitute the signature of said cor-
poration.
TOWNS — INCORPORATED.
ARTICLE IX.
621
Section 1. The nieinl)er8 of the town council, or any jud-es of eiec-
two of them, shall be judges of the annual elections held ^ion?.
in })ursnance of this act, and such special elections as may
be ordered by said town council, and fhall conduct the same
in such manner as may be prescribed by ordinance : Pro-
vided^ that at least three notices be posted up in public pla-
ces in said town, not lees than ten days previous to any
election, stating the place, time and object of such election.
§ 2. The town council shall cause to be published in Pabiicatinn of
some newspaper in Stark county or by three copies posted ptutoures".*^ ^''"
up in public places in said town, at the close of each year,
a complete statement of the receipts and expenditures of
said town during the preceding fiscal year.
§ 3. Whenever the police magistrate shall remove from office vacated,
said town, his office shall thereby become vacated ; and
should he resign or die or his office be otherwise vacated,
the town council shall at once provide for filling such va-
cancy by election.
§ 4. The judges of elections held under the provision Appointment
of this act shall appoint their own clerks, receive and can- o^cierk
vass the votes, declare the result, furnish to each one of the
persons elected a certificate of his election, certify the result
of the election for police magistrate to the county clerk of
the said county of Stark, and lay before the town council
the poll books of elections at its first meeting after such
election.
. ARTICLE X.
Section 1. John Winslow, Rev. Alvin Abbott, Mar- Names of flr.-t
shall S. Curtiss, David G. Plummer and Alfred Foster, of
said town, are hereby appointed the first trustees of said
town, and shall constitute the town council of said town,
and elect one of their number president, and at once enter
upon the duties of their office, and shall continue in office
until their successors are elected and qualified.
§ 2. It shall be the duty of the town council hereby ap- Promulgate act.
pointed and established to take measures, immediately after
the passage of this act, to promulgate this lavr within the
limits of said town of Bradford, and to cause an election
to be held on the second Tuesday in April next, for the
election of five trustees and one police magistrate, as re-
quired by this act; to ordain, enact and enforce ordinan-
ces for the ])urposes of said election and peiform all other
necessary acts and things under the provisions of this act
for holding said election. And the said town council may at
once enter upon and perform all the duties of their office,
and do and perform all acts and things and exercise a!l
powers and authority granted and authorized by this act to
622
Evidence and
proof of act. ,
TOWNS — INCORPORATED.
the trustees or town council of said town the same as if
they had been regularly elected under the provisions of
tl)is act.
§ 3. This act is hereby declared to be a public act, and
t.iay be read in evidence in all courts of law and equity in
this state, v/ithout proof.
§ 4r. This act shall take effect and be in force from and
alter its passag:e.
Aprrovbd March 27, 1869.
la force March
18, 1869.
AN ACT to incorporate the town of Broadwell.
Boundaries
Section 1. I^e it enacted hy the People of the State of
Illinois, represented in the General Asse7nbly, That the
inhabitants of the town of Broadwell, in the county of
Logan, be and the same are hereby created a body politic
Name and style, and Corporate, by the name and style of "The President
and Board of Trustees of the Town of Broadwell;" and,
by that name, shall be known in law and have perpetual
succession ; may sue and be sued, plead and bei mpleaded,
in all courts of law and equity, and in all actions, suits and
matters whatsoever, and may have and use a corporate
seal and alter the same at pleasure, and may do all other
acts, as natural persons, which may be necessary to carry
out the powers hereby granted.
§ 2. The boundaries of said town shall include within
its limits the following tracts of land, to-wit ; Beginning at
the northeast corner of the south half of the east half of the
northwest quarter of section twenty-eight, in township
nineteen north, range three west of the tiiird principal
meridian ; thence west one mile, to the northwest, corner
of south half of the west half of tlie northeast quarter of
nection twenty-nine, in township number nineteen north,
range three west of the third principal meridian ; thence
south one mile, to the southwest corner of the north half
of the west half of the northwest quarter of section thirty-
two, township numl)er nineteen ncrth, range three west of
the third principal meridian ; thence east one mile, to the
southeast corner of the north half of the east half of the
northwest quarter of section thirty-three in township num-
ber nineteen north, range three west of the third principal
meridian ; thence north to the beginning — the same be-
ing one mile square.
^ 3. The corporate powers and duties of said town
shall be vested in a president and five trustees, who shall
form a board for the transaction of business, and who shall
be elected by the qualified voters of said corporation, as
Pcvor? veiled
fr. luistees.
TOWNB — INCORPOKATED. t*»23
hereinafter directed, and shall hold their offices for one year
and until tlieir successors are elected and qualified. They
shall recL'ive no compensation for their services, except
that they shall be exempt from road labor during the time
they are in otiice.
§ 4. There shall be one town constable, one tow]) officers to b&
treasurer, (who shall be, ex offioio^ assessor,) one street ^^^'^^^^ ^^ '''"^'
commissioner, and one town clerk, who shall be chosen
by the board of trustees at their tirst meeting after they are
elected and qualilied or at as early a day thereafter as may
be practicable, who shall hold their offices for one year or
until their successors shall be elected and qualified, unless
removed for good cause by said board of trustees : J^ro-
vided^ that the town constable and treasurer may be elected
by the legal voters of said corporation, if thought best by
the board. The said officers shall receive such compen-
sation for their services as the board may allow them, ex-
cept the constable, who shall be allowed the same as other
constables.
§ 5. No person shall be entitled to vote or hold office Qmiifications
under this act who shall not be a citizen of the United
States, who shall not be twenty-one years of age, and wliu
shall not have resided in said corporation at least thirty
days and shall not have resided in this state twelve
months preceding the time of the election.
§ 6. The treasurer, clerk and street commissioner shall, OfSoei? to
at the first regular meeting of the board of trustees after stcurlly^'^^ *^
their election, or sooner, respectively, give bond, with one
or more securities, to be approve! by the board, in the
penalty of at least three hundred dollars, conditioned for
the faithful discharge of tlitir duties, respectively ; and the
constable shall give bond in the amount and with the se-
curity required by law in case of other constables, to be ap-
proved by said board.
§ 7. it shall be the duty of the clerk to give notice o{ ^J^'^-^'^^^'^'^-
all regular and special elections, by posting up notices in
three of the most pul>lic places in the town, specifying the
time and place of holding the same at least ten days pre-
vious thereto.
§ 8. The board of trustees shall be judges of the quali- Qjanficatioua.
iications, returns and election of their own members and of of niembeia.
all the other officers. They shall have power to fill all
vacancies in the board occasioned by death, resignation or
three months' continued absence of any member thereof.
A maj'trity of the board shall constitute a qtiorum to do
business, but a smaller number may adjourn from day to
day ; may compel the attendance of absent members, and,
under such penalties as the board may provide, they may
determine their rules of proceedings, and may make such
other rules and regulations for their government as they '
may deem expedient. The president shall net vote except
624
TOWNS — INCORPORATED.
Manner of vo-
tina: and con-
ducting elec-
tions.
Election
officers.
Oath of office.
Levy and col'
iect taxes.
in case of a tie, in which case he shall give the casting
vote.
§ 9. The five ti'ustees shall constitute a board of elec-
tion, two of whom shall act as clerks, and who shall open
the poll books at nine o'clock in forenoon and keep the
same open until four in the afternoon. B'^'fore entering
upon their duties of judges and clerks of election, they shall
be sworn to discharge faithfully their duties as such offi-
cers, which oath may be administered by the president of
the board, any acting justice of the peace in said county,
or by one of their number who has already been sworn as
such officer of election. Said election shall be by ballot,
and shall be conducted as other electi(ms for county and
state oflicers, except as herein provided. After the polls
are closed, tlie votes shall be counted and the books, with
proper certificate and ballots, shall be sealed up and kept
by one of the board and not opened until the next regular
meeting of the board, when any person may have the right
to Contest the election of any officer who clainis to be elec-
ted, but not afterv;ards. The board shall have power to
determine the merits of the contest for said office.
§ 10. There shall be elected at the first regular election
of corporation officers, and every four yearb thereafter, a
justice of the peace, who shall hold his office in said
corporation, and shall have all the powers and jurisdiction
of other justices of the peace, who shall give b.)nd, be com-
missioned and qualified in the same manner as other
justices of the peace. At the election at which said justi-
ces are to be chosen, the officers of election, as judge and
clerks, shall make and forward to the county clerk vt' Lo-
gan county returns of the same, exactly as in the election
of other justices of the peace. Said justices shall have
exclusive jurisdiction over all suits growing out of the vio-
lation of any of the ordinances of ^aid corpoiation, except
in case of his absence or inability to serve, when the next
nearest justice in tiie county shall have power to act,
The said justices of the peace shall, also, have concurrent
jurisdiction with other justices of the peace in Logan coun-
ty, and be subject to all provisions of law relative to other
justices of the peace.
§ 11. The president, trustees and all other officers of
tliis corporation, before entering upon the duties of their
offices, shall take an oath, before some ju.-tice of the peace,
to support the constitution of the United States and of this
state, faithfully and impartially to discharge the duties of
their several offices.
§ 12. The board of trustees shall have power to lev}''
and Collect taxes, as f )r aeneral purposes, annually, upon
all real and personal estates within the limits of said incor-
poration, not exceeding hfry cents on each iiundred dollars,
upon the absessed value ; to make general regulations to
TOWNS — INOOKPOBATED. 625
secure the general health of the inhabitants ; to prevent
and remove nuisances; to restrain stock of all kinds of run- Exhibitions.
ning at large ; to restrain, prohibit, license and regulate
auctions, showc?, exhibitions and other performances, for
the admittance to whicli money is charged ; to restrain and
entirely prohibit the sale of any vinous, spirituous or malt
liquors, or of fermented liquor, lager beer, or any intoxica-
ting drink, and to impose penalties and forfeitures therefor ;
to prohibit the keeping any gaming house or houses of ill- Houses of iir
fame ; to prevent the discharge of firearms and of lire- '^™^-
works within the corporation ; to establish, erect and keep
in repair streets, avenues, lanes and alleys, drains, sewers,
sidewalks, crosswalks, and to grade anj street, alley or lane
in said town; to establish a fire department, and to pre-
vent and extinguish tires ; to dig wells and erect pumps in
the streets, for public convenience ; to regulate the storage combustibles.
of gunpowder and other combustible materials ; and to
make, from time to time, such ordinances and regulations
that they shall make, ordain or establish, and to provide for
the collection of such penalties and the enforcement of such
ordinances as they shall deem best.
§ 13. Appeals and changes of venue may be taken and Appeals avowed
writs of certiorare allowed from decisions of the justices of
the peace in any matter growing out of any violation of any
of the town ordinances ot said corporation, the same as m
other cases before a justice of the peace.
§ 14. The treasurer shall, on the first Monday of Sep- powtro or the
tember of each year, commence his duties as assessor, and treasurer.
shall have power to proceed, in every respect, as township
assessors, and shall, within forty days, make out a full assess-
ment of all the real and personal property in said corpora-
tion, and shall furnisn the same to the board of trustees,
who shall within ten days proceed to levy the tax. The
clerk shall, within five days, give notice of the rate of taxes
levied, and the books sliall then reniain in his hands until
the twenty fifth day of November, subject to inspection, and
during which time any person feeling themselves aggrieved
by the assessment may go before the board, and his com-
plaint shall be heard ; and if it shall appear to the trustees
that any property has been assessed at too high a rate
thev shall have power to modify or reduce the same, cierktoeom-
The clei-k shall, after the twenty-fifth day of November, p^''*'^'^*'''^"'*-
proceed to compute the taxes on the property assessed
at the fixed rate, and make out a correct copy of the
assessor's book, with such alterations as have been made
by the board, if any, extend the taxes due thereon, ami
certify the same, and fix the corporate seal thereto and
place the same in the hands of the township collector
of Brua<!well township, wivhin ten days, who is em-
powered and required to collect the same at the san j
time and in the same manner that the state and county
VoU 111—79
628
TOWNS — mCORP O RATED.
Posting of all
ordiuances.
Election, time
aud place of.
Election of
president and
trastees.
Meetln.^9.
taxes are collected, and pay over the same to the treasurer
of the town of Broadwell: Provided, tliat if at the time
that the said township collector delivers his books to the
county treasurer there shall remain any corporation tax
due and unpaid, he shall place the same in the hands of
the treasurer of Logan county, who is hereby empowered
and required to collect the same at the same time and in
the manner that the state and county taxes are collected,
and pay over the same to the treasurer of the town of
Broadwell. The said township collector and the said coun-
ty treasurer shall be allowed the same commissions aud
cost as for the collections of other taxes.
§ 15. Copies of all ordinances passed by the board of
trustees shall be posted up in three of the most public
places in the town ; and every ordinance shall take effect
live days after such publication, unless otherwise pro-
vided in the ordinances. It shall be the duty of the clerk
to post up copies of ordinances, when required by this act
to be posted up, and to cause a copy of all such ordinan-
ces to be spread upon the records of the town, and to ap-
pend his certihcate thereto, setting forth the time and place
and manner of such publication, the production of which
certiticate, or a certified copy thereof, shall be prima
facie evidence of the facts therein stated in reference to
SQch publication in all courts and places whatsoever.
§ 16. The time for holding the first general election
for officers of said corporation shall be on the first Tuesday
of February next, and regularly thereafter on the first
Tuesday of February of each year : Provided^ that if said
election or imy of them should not be held at the time
specified, it shall be lawful to hold the same at any subse-
quent day, as early as practicable^ by due notice being giv-
en, as herein provided, by the clerk or by at least five
voters of the town.
§ 17. The first regular election for president and trus-
tees shall take place on the day and time of day herein-
before provided for, at such place in the town uf Broad-
well as shall be selected by a majority of the legal voters
present ; aud said legal voters shall have power to choose two
of their number to act as judges, who shall elect a clerk,
and who shall proceed to be sworn as herein required, and
shall conduct said election as required by this act, shall
canvass the votes and luake certificates, under their hands
and seals, of the persons elected, and deliv^er the same to
them, and make such other returns as are required by this
act to the county clerk of Logan county or the board of
trustees at their first annual meeting, as the case may re-
quire
§ 18. The regular time of meeting of the trustees shall
be fixed by them at their first meeting, and the same shall
be entered upon the records of the town and published as
Other ordinances.
TOWNS — INOOKPOBATED. €27
§19. The board of trustees shall have power to provide Punishment of
for the puiiibhixient of persons who may be guilty of af- ° '^^ ^'^"
frays, assaulttj, ati^saults and batteries, quarrels and other
olienses against the peace and good order of the town, and
shall have tlie right to recover penalties therefor to the
same amount and in the same manner as provided by the
statutes of tbis state in the same kind of cases : Frovided^
that m such cases the justice of the peace may isbiie his
writ, on the making of the proper complaint, and the of-
fending party or parties shall be brought forthwith to trial;
such suits to be commenced in the name of the president
and trustees of the town of Broadwell ; and in said writ
shall be designated the chapter and section of the ordi-
nance against which the said party or parties have offended.
§ 20. All actions for fines, penalties or forfeitures, ac- _ Actions vested
cruing, breach of any ordinance of said town, shall be jn- "^ ^°'"p°'''^''°'^-
stituted and prosecuted in the name of the president and
trustees of the town of Broadwell, upon the complaint of
any person before the justice of the peace of said town, by
action of debt. The ordinary process shall be by summons,
except in such cases as are provided for in the foregoing Summons,
sections, and in cases where the party complaining shall
state under oath that he has good reason to believe the
party accustjd to have committed a breach of an ordinance
of the corporation, and that he believes the party accused
is aoout to abscond or depart without the limits of the cor-
poration or has so absconded or departed ; then the justice
of the peace may issue his warrant, returnable forthwith.
Tlie party accused in all such cases shall remain in the cus-
tody of the officer until such suit is disposed of and the
line and cost, if any, imposed upon him paid or otherwise
discharged according to law, unless he shall enter into re-
cognizance with good security, before final judgment in
the cause, before the justice of the peace, in double the
amount of the penalty that may be inflicted upon him,
conditioned that he will pay the judgment and costs that
may he rendered against him ; and in default of such bail,
the officer may commit the party accused to the common
jail of the county until the case shall be heard. The jus-
tice of the peace shall grant but one continuance in favor
of the plaintiff, where the adverse party is under arrest.
The recoofnizance shall be filed in the office of the justice
of the peace, and in case of forfeiture shall be taansmitted
by him to the clerk of the board of trustees.
§ 21. The town justice of the peace and town constable jnriFdi'-tionof
shall have the same general jurisdiction and authority, with- [ufucesof peTce
in the county of Logan, that justices of the peace and consta-
bles have under the neneral laws of this sra^e, and shall be
subject to the same liabilities ; and constables shall have ex-
clusive authority to serve all writs wherein the ordinances
of the town have been violated, except in cases of his
638 TOWNS — INCOKPORATED.
absence or inability to serve, when any other constable in.
said town may act; and said justices of the peace may ap-
point special constables, as is provided by law in case of
other justices of the peace.
Appointment oi § 22. The board of trustees shall have power to ap-
ait^rne.v. point an attorney, to attend to all suits for the breach of
ordinances and other interests of the corporation, and shall
have power to provide for the taxation of his fees in such
suit, not to exceed live dollars, and for the recovery of the
same with other costs of the suit.
Paniehmentof § 23. The board of trustees shall have power to pro-
oflenders. .^jjg j-q^ the punislimeut of offenders by imprisonment in
the county jail, in cases where such offenders shall fail or
refuse to pay any fine or forfeiture recovered against them
for the breach of any ordinances of the town : Provided,
that such imprisonment shall not be of lono;er duration
than at the rate of twenty-four hours' imprisonment for
every three dollars of the line and costs.
Fine limited. § 24:. JSfo fine for the breach of any ordinance shall ex-
ceed one hundred dollars, nor imprisonment for like of-
fense thirty days.
Exempt from § 25. The Inhabitants of said town shall be exempt
"lAe.mvn! °"'" f^m workiug on any road beyond the limits of said cor-
poration, and from paying taxes to procure laborers to
work upon the same. The board of trustees shall have
power, for the purpose of keeping lanes, allej's and streets
in repair, to require every able bodied male inhabitant of
the town, except as herein provided, over the age of
twenty-one years, to labor on the same not exceeding tl)ree
days in each year; and persons neglecting or refusing to
do so, after having been notified by the street commis-
sioner, shall forfeit and pay one dollar for every day he
shall have been required to work and so neglected or re-
fused to perform : l^romded^ that any person may be ex-
empted from such road labor by paying to the street com-
missioner the sum of one dollar for each day he may be
required to work when called upon to perform the same.
§ 26. This act shall take eflect and be in force from and
after its passage,'
Approved March 13, 1869.
ly force Aprti AN ACT to incorporate the town of Cuseyville, St. Clair county.
Section 1. Be it enacted by the Pe()j)le of the State of
Illinois^ represented in the General Assembly, That tfie
inhabitants of the town of Casey ville, in the county of St.
Clair, are hereby constituted a body politic and corporate
TOWNS INCORPOKATED. 629
by the name of "The President and Trustees of the Name and style.
town of Caseyville;" and, by that name, shall have per-
petual succession, make and use a common seal and alter it
at pleasure, and in wlioui the government of the corporation
shall be vested and by whom its ati'airs shail be managed.
§ 2. The corporate limits of said corporation shall in- Boundaries,
elude all lots and parcels of ground lying and being within
one-half (^) of a mile formed by the crossing of Main and
Water streets in said town of Caseyville.
^ 8. The inhabitants of said town, by the name and corporatepow-
style aforesaid, shall have power to sue and be sued, plead ^"'
and be impleaded, defend and l)e defended, in all courts of
law and equity and in all actions whatsoever; to purchase,
receive and hold property, real and personal, beyond the
corporation limits, for burial grounds and other purposes,
for the use of the inhabitants of said town ; to sell, lease or
dispose of property, real and personal, for the benefit of
said town, and to improve and protect such property, and to
do all other things in relation thereto as natural persons.
§ 4. The corporate powers and duties of said town . Powers vested
shall be vested in live (5) trustees, who shall form a board
for the transaction of business; and the following persons,
to-wit : Charles L. Mailburger, John T. Haltman, John
W. Owens, James Doyle, sr., and Fritz Rembler, who may
be in office as trustees in said town under the general in-
corporation law of this town, shall be deemed to hold their
offices, by virtue of this act, until the first (1st) Monday in
April, at ISTO, and until their successors are elected and
quabfied.
§ 5. On the lirst Monday in April. A. D. 1870, an elec- Election for
tion shall be held in said town of Caseyville, for the election *'"°*^^^^-
of five (5) trustees of said town, and thereafter, on the first
Monday of Apnl, in each year, an election shall beheld fur
said ofiicers. They shall be citizens of the United States
and shall possess a freehold estate within the limits of said
town.
§ 6. All persons who are entitled to vote for state of- Qualification
ficers by the laws of this state and who shall have been ac- °^ '^°^^'"*-
tual residents of said town thirty (30) days next preceding
any election held under the provisions of this act, shall be
entitled to vote at any such election.
§ 7. The said trustees, at their first meeting, shall ap Appointment of
point one of their body president, and shall judge of the p^®*'*^®"^"
qualifications and returns of its own members, and shall
determine all contested elections in such manner as may be
provided by ordinance ; and all vacancies which may occur
in said board, by abser)ce from town for three (3) months,
death, resignation or otherwise, may be filled by said board,
on recommendation of the president and confirmation
of said board : Provided, that in all cases of a tie vote of
6.">0
TOWNS — mCOKPOEATED.
Quorum.
Elections hj
ballot.
Oath of office.
Officers.
Power to levy
arid collect
taxes.
Geueral health.
Improvement
of utroets, allcvfi
and ull public
gronnclB.
Wells, cisterns.
Inspection of
fora''e and fuel.
said board on any question whatsoever pending before
I hem, the pret-ident shall give the casting vote.
§ 8. A majority of the board shall constitute a quorum
to do business, but a smaller number may adjoaru from
chiy to day and comjjel the attendance of absent mem-
])ers, under such fines and penalties as may be prescribed
by ordinance, and shall have power to determine the rules
of their own proceedings, punish a member for disorderly
conduct, and, with the concurrence of two-thirds, expel a
member.
§ 9. All elec'iions shall be held by ballot, and tie votes
shall be decided by lot, in the presence of the board of
trustees.
§ 10. Each of the members of the board of trustees, be-
fore entering upon the duties of his ottice, shall take and
subscribe an oath before some justice of the peace of
the county, that he will support the constitution of the
Urjited States and of this state, and that he will perform the
(luties of his office to the best of his aiiility ; and there shall
1)6 at least one regular meeting of said board every month,
at such times and places as may be prescribed by ordinance.
§ 11. The board of trustees shall have power to appoint
a clerk, treasurer, assessor and one or more street commis-
sioners, and such other officers as may be judged necessary
for carrying into effect the powers conferred on said incor-
poration by this act, and to require them to give such bonds
and security as may be deemed necessary to insure the
faithful performance of their respective duties before enter-
ing on the discharge of the same, and who shall possess the
same qualifications as a voter, as described in this act.
§ 12. The board of trustees shall have power and au-
thority to levy, assess and collect taxes upon all property,
real and personal, within the limits of eaid town, which is
subject to taxation for state and county purposes, not ex-
ceeding one-half per cent, upon the assessed value thereof,
i)nd may enforce the collection tif the same by ordinances,
not repugnant to the constitution of this state ; also, to ap-
propriate money, and provide for the payment of debts
and expenses of the town.
§ 13. "" ' , "
of the inhabitants of the town; to declai-e what shall be
considered a nuii^ance, and prevent or remove the same.
§ 14. To open, al)olisli, widen, alter, extend, establish,
''mjjrove and keej) in repair streets, alleys and public
grounds in said town, and to erect, maintain and ketp in
repair bridges, drains and sewers.
^ 15. To provide the town with water, to siidc and keep
in repair weils, and to erect needful buildings for the use
of the town, and to improve and protect puldic buildings.
§ 16. To provide for [the] inspection and weighing of
hay and stone coal, and the measurement of wood and fuel
to be used in said town.
To make ret^nilations to insure the general health
TOWNS — INCORPORATED. 631
§ IT. To license, tax and regulate auctioneers, mer Aactioneers,
chants, grocers, eating houses and peddlers, and to regulate ^'^
the tixing of chimneys and the fines thereof; also, tu regu-
late the storage of gun powder and other combustible ma-
terials.
§ 18. The trustees of said corporation shall have power to license sro-
to license groceries within the corporate limits of said cor- '^''"®"
poration, upon such terms and under such restrictions as
they may think proper, and to collect, have and use, for
corporate purposes, of the money received fro'u grocery
license granted by them for the retailing of spirituous
liquors within the corporate limits of said town: Provided,
that the power heretofore given to the county courts of the
several counties in this state to grant license for retailing
of spirituous liquors shall no longer be applicable within
the said limits of Casey ville. They shall also have power Gamn- and
to suppress gaming houses, bawdy houses and other disor- ^'ices.^^'"^' ^'"
derly houses within said town ; to license, tax and regulate
theatrical and other exhibitions, shows or amusements;
and to provide for the trial and punishment of persons w^ho
may be engaged in assaults and batteries and afiVays within
the corpor;ite limits of said town.
§ ly. To fix the fees and compensation of town officert^, compensation
jurors, witnesses and others, for services rendered under °
the provisions of this act: Frovided^ that the trustees shall
not receive any salary until said town has a population of
fifteen hundred inhabitants.
§ 20. To prevent the incumbering of the streets, alleys ^^ J^^^'^^^anef
and public grounds of said town ; to protect shade trees ; and alleys.
to compel persous to fasten horses, mules and other animals
attached to vehicles, while standing upon any streets or
alleys or uninclosed lot in said town ; to prevent the run-
ning at large of horses, mules, cattle, sheep, hogs, dogs
and other animals, and to provide for the impounding arid
distraining of the same, and to provide for the sale of the
same for any penalty incurred, and to impose penalties
upon the owner or owners of any such animals for the vio-
lation of any ordinance in relation thereto. They shall Fireworks.
al^^o have power to prevent the tiring of squibs, rockets,
guns or other tire-works or combustibles within the limits
of said town.
§ 21. To provide for the punishment of persons who j.^^. P^y^i*™ent
may at any time disturb the peace of the inhabitants of
said town or the deliberations or proceedings of any public
meeting of said inhabitants or of the board of trustees when
in session.
§ 22. To rearulate the police of the town ; to impose Regulate the
11 I..- J 1- i" ■.. i.' u 11' J- police ol town.
tines, penalties and torieitures tor breach ot any ordinance,
and to provide for the recovery and appropriation of such
fines and forfeitures, and the enforcement of such penal-
ties: Provided^ that in all cases the right of trial by jury
632
TOWNS — INCOKPOKATBD.
Enforcing
nances.
ordi-
Style of ordi-
nances.
Evidence of
validity of ordi-
nances.
shall be allowed to an j person or persons charged with a
breach of any of the provisions of this act, or any ordinance
made in pursuance thereof.
§ 23. The board of trustees shall have power to make
and enforce all ordinances which may be necessary and
proper for carrying into eflect all the powers specilied in
this act or as the good of the inhabitants of said town may
require, so that such ordinances are not repugnant to nor
inconsistent with the constitution of the United States nor
this state.
§ 24. The style of the ordinances of the town shall be,
'■''Be it ordained by the President and Trustees of the Town
of Casey^jillef'' and all ordinances shall, within one month
after tliey are passed, be published or made known, by
posting in three public places in said town copies of the
same; and the certificate of the clerk of the town, under
the seal of the corporation, shall be 'prima facie evidence
of such ordinance and of its publication; and no ordinance
shall take effect untd published or made known as afore-
said.
§ 25. And all ordinances may be proven by the seal of
the town, and when published or printed in book or pam-
phlet form and purporting to be printed or published by
authority of the town of Caseyville, the same shall be re-
ceived as evidence in all courts and places, without further
evidence or proof.
DUTIES OF THE PRESIDENT.
Special meet
ings.
Active and vi-
Presiding officer SECTION 1. The president shall preside at all meetings
of the board when present, and in any case of his absence
at any meeting the board shall appoint one of their num-
ber chairman, who shall preside at that meeting.
§ 2. The president or any two members may call spe-
cial meetings of the same.
§ o. The president shall be active and vigilant in en-
iiaut ill u'le per- forcing the laws and ordinances for the government of the
tie™""'^^ " "town. lie shall inspect the conduct of the subordinate
othcers, and cause negligence and willful violation of duty
to be punished, lie shall have power and authority to
call on all male inhabitants, over the age of twenty-one
years, of said town, to aid in enforcing the laws and ordi-
nances; and any and every person who shall fail or refuse
to obey such call shall forfeit and pay to said town the
sum ot live dollars.
Exhibit books § '^- ^^^ ^^^^^^' '^^^'^ powsr, whenever he may deem it
and papers. necessary, to require of any officer of said town an exhibit
of his books and papers, and shall have power to do all
other actr! required of iiim by any ordinance made in ])ur-
suance of the terms of this act.
TOWNS — INCORPORATED. 633
MAGISTRATKS AND CUNSTAm.KS.
Section 1. It sliall ho the duty of the trustees of said , Ejection for
. , , •' ,• l^ • 4. , • juetice and con-
town, iinmediately utter the passat/je oi this act, to jLjive stable.
notice ibr and cause an election to be held for a justice of
the peace and constable, who shall be elected bj the quali-
lied voters within the corporate limits of said town, who
shall take the same oath, execute the same bond and be
clothed with the same ])ower, authority, jurisdiction, and
subject to the same liabilities as other justices of the peace
and constables within the limits of this state, and shall hold
their offices, respectively, one year from the first Monday
in April next, and annually forever thereafter; also, shall
hold their offices until their successors are elected and
qualified.
^ 2. For the election of a justice of the ])eace and con- ?^'^?''®'?Ii??:
. 1 • • 1 r 1 <^ 1-1111111 cluctiug election
stable lor said town, alter the nrst election, shall be held
at the same time and place as the election of trustees ; and
the manner of holdin<T all elections required by this act
shall be held and conducted and returns thereof made as
may be hereafter provided by the ordinances of the trus-
tees of said town by this act created.
§ 3. The said justice of the peace shall be commissioned Justice of peace
by the sfovernor of this state, and shall be a conservator of commissioned
the peace for said town, and shall have exclusive jurisdic- i'y"i''go'^^'°°''-
tion in all cases arising out of or under the ordinances of
the corporation, and shall have the same fees and compen-
sation allowed for similar services under the laws of this
state to other justices of the iieace : Provided^ however^
that at the election or choice of said board of trustees, any
justice of the peace residing within the limits of the cor-
poration may perform all the acts and duties of })olice jus-
tice.
§ 4. In all cases arising under the ordinances of said Appe?is taken
town, changes of venue and appeals shall be allowed as in
other cases before justices of the peace ; and the said cor-
poration shall be allowed to appeal in all cases in which
they are parties, by causing their clerk to execute a bond, in
the name of the corporation, in the form now or which may
hereafter be furnished by law in other cases, without other
security ; and an order entered upon the records of said
corporation directing said appeal shall besuliicient evidence
of the authority of said security to sign said bond.
S 5. The town constable elected under the provisions of Jurisdiction of
1 • 1 11 1 11- 11 conrftabl*.
this act, shall have power and authority to execute all pro-
cesses issued for breach of any ordinance of said town, and,
for that purpose, his power and authority shall extend over
the county of St. Clair, and shall have the same power, ju-
risdiction and authority within the limits of said county as
other constables in all cases possess under the laws of
Vol. Ill— 80
634 TOWNS — incoepokAted.
this state, and shall give bond and qualify as said board
shall by ordinance prescribe.
Arrest, with or § 6. The Said constable sliall bo authorized to arrest all
Tvithoutprocess: persons, on view, without warrant, who shall violate any of
the provisions of this act or any of the ordinances of said
town made in pursuance thereof, and take him, her or them
before the justice of the peace of said town, to be tried and
punished as may be prescribed by ordinance. In case of
the absence or inability of said constable to act, any con-
stable of said county of St. Clair shall have power and au-
thority to execute all processes and writs which may be
issued, in the same manner and with like effect as the con-
stable of said town.
STREETS AND ALLEYS.
parment for SECTION 1. Whenever it shall be necessary to take pri-
vate property for opening or altering an}'- public street or
alley in said town, the corporation shall make just compen-
sation to the owner or owners of said property and pay or
tender the same before opening or altering such street or
alley ; and in case the amount of such compensation can-
not be agreed i:pon, the amount shall be ascertained by six
disinterested freeholders of said town, who shall be sum-
moned by the justice of the peace of said town for that
purpose.
be^eflt«^to ^l^ ^ ^' "^^^ ^^^^ jurors, SO impannelcd to ascertain the
assessed. damages which will be sustained by the opening or altering
of any street or alley by any person or persons so owning
property, shall first be sworn to that effect by the justice
of the peace, and shall return to him their inquest, in
writing, signed by said jurors, and by him laid before the
board of trustees at their first meeting thereafter ; and
either party may appeal therefrom to the circuit court of
St. Clair county, in such manner and upon such terms as
may be prescribed by ordinance,
ertytaken.^*^"' § ^' ^^ ^^^^ asscssment of such damages the jury shall
take into consideration the benefits as well as the injury
happening to the owner or owners of property proposed to
be taken for opening or altering a street or alley by such
opening or alteration.
Lery special tax | 4_ The board of trustccs shall have power to levy
and collect a special tax on the owners of lots on any
street or part of street, according to their respective fronts,
for the purpose of grading, jiaving or otherwise, the side-
walks on said street or part of street.
Sidewalks. § 5. That the lot in front of which any sidewalk is
made shall be taxed to pay at least one-half of the expenses
of making such sidewalk, in addition to the regular tax,
which shall be asscBsed an4 collected in the same manner
as other taxes are,
perty taken.
TOWNS — INCORPORATED,
MISCELLAXEODB PROVISIONS.
Section 1. The inhabitants of the town of Caseyville Exempt from
are hereby exempted from working on any road beyond sideiowu°)irai'ts"
the limits of eaid town, and the payment of any road tax
levied by road supervisors of St. Clair county ; and the
entire jurisdiction and control of roads, highways and
bridges in said town shall be held and exercised by the
board of trustees by this act provided.
§ 2. The board of trustees, for the purpose of keep- inhabitants to
ing the streets, alleys and highways in said town in repair, i^^jor ')n streets.
are authorized and empowered to require every able-bodied
male inhabitant of said town, over twenty-one years of age
and under fifty, to labor on said streets, alleys and highways
any number of days, not exceeding three in each year.
Any such person failing to perform such labor, when duly
notified by the street commissioner or other authorized olii-
cer of said town, shall forfeit and pay the sum of one dol-
lar, to be paid to the said town for each and every day so
neglected and refused.
j^ 3. The board of trustees shall have power to provide Penalty for
for the punishment of offenders against any ordinance of
said town by imprisonment in the county jail, not exceeding-
thirty days for any one offense, in all cases where such
offender shall fail or refuse to pay the fine and forfeitures
which may be recovered against them.
§ 4. All suits, forfeitures and penalties in and for the vio- suit instituted.
lation of any ordinance shall be in the name of the presi-
dent and trustees of the town of Caseyville ; and the board
of trustees shall regulate, by ordinance, the form and nature
of the first and subsequent process and the mode of execu-
ting the same.
§ 5. The incorporation hereby created shall not be re- Notreqiuredto
quired, in any suit brought for a violation of any ordinance fortxjst.^^^""^"'^
of said town, to file before the commencement of any such
suit, or during the pendency thereof, any security for costs.
§ C). Whenever the justice of the peace herein provided vacancies, how
for shall remove from said town, resign or die or his oflice
shall otherwise become vacated, the board of trustees sliall
immediately provide for filling such vacancy by election.
§ 7. This act is hereby declared a public act, and may
be read in evidence in all coufts of law and equity in this
state, without proof, and shall be in force from and after its
passage.
In force April 15, 1S69.
I, Edwaet) RtTMMF.t, Secretary of State, do hereby certify that the foregoing act of
the Twenty-sixth General Assembly of the State of Illinois was filed iu the oflSce of the
Secretaiy of State^ April 15, 1SH9, without the siijnature of the Governor, but, by virtue
of Section 21, Article IV, of the Constitution otthis State, the same is now declared a
law, having been retained over ten days by the Governor after its reception.
EDWARD RUMMEL, Sec'i/ of Stati.
flUed.
C36 TOWNS — INCORPOEATED.
In. force Ma.'ch AN ACT to incorporate the town of Centerville.
87, 1809.
ARTICLE I.
Section 1. Be it enacted hy the Feojple of the State of
Illinois^ represented in the General Assembly^ That tlie
inhabitants of the town of Centerville, in the county of St.
Clair, and state of Illinois, be and the same are hereby con-
stituted a body corporate and politic, by the name and style
Nameaud style, of "The President and Trustees of the Town of Center-
ville;" and, by that name and style, shall have perpetual
succession, and may have and use a common seal, which
they may alter and change at pleasure, and in w^hom the
government of the corporation shall be vested and by whom
its affairs shall be managed.
Boundaries. § 2. The boundaries of said town shall be as fullowB,
to- wit: Commencing at a post, from which the center of the
crossing of Monroe street with Laurel street, in said town,
bears north (vr. 7° 30') 25.90 chains, to a set post; thence
west (vr. T 30') 30.80 chains, to a set post (apple tree 6" s 1^° e
9.00 chains); thence south (vr. 7° 30') 51.80 chains, to a set
post, (elm 12" n 88 w 32 links) elm 14" s 23° w 31 Iks) ;
thence east (vr. 7° 30') 64.80 chains to a set post (wht oak
24" s 12° e 45 Iks and blk oak 12" n 44^° e 12 Iks); thence
north 51.80 chains to a set post (leaning apple tree 12" s
10^° e 2.18 links); thence west 34.00 chains to the point of
beginning.
oorijorate pow- § 3. The inhabitants of said town by the name and style
aforesaid, shall have power to sue and be sued, to plead and
be impleaded, defend and be defended, answer and be an-
swered unto, in all courts of law and equity in this state,
and all actions whatever; to purchase, receive and hold
property, real and personal, within or beyond the corporate
limits of said town, for burial grounds and other public pur-
poses, for the uses and benellt of the inhabitants of said
town; to sell, lease or otherwise dispose of the property,
real and personal, of said town, for the use and benefit of
the same, and to improve and ])rotcct such property, and to
do all other acts and things in relatitm thereto that natnral
per8i>ns might do.
(j.nvniment § 4. Tiic Corporate ])()wers aiul duties of said town shall
onnfateeH'.'"'''^ I'G vcstcd ill livc Irustccs, who shall constitute a board for
the transaction of the business of said town, and the ])erson8
who are now trustees of said town, holding their oHiccs un-
der and by virtue of the general law of this state for the in-
corpdi-ation of towns and cities, shall be deemed to hold
their olllcos under and by virtue of this act until the second
Tuesday in December, 1809, mid until their successors are
elected a:id tiualitie<l.
Eioctiou of § 5. On the second Tuesday in December, in the year
trustees. ^^. ^^^^ Lord, oiie thousand eight hundred and sixty nine,
era
TOWNS — INCORPOEATED. 637
and ever afterward on the second Tuesday in December, in
each and every year, an election shall be held in said town
of Centerville, for the election of five trustees of said town.
The persons so elected shall be citizens of the United States
and of this state; they shall be ho7ia fide freeholders within
said town, and shall have actually resided within said town Qnaiwcationof
one year next preceding their election, and shall hold their
offices for the term of one year and until their successors are
elected and qualified, unless sooner removed by death, resign-
ation or otherwise, as provided by this act or the ordinances
of said town. The first election shall be held, conducted and
returns thereof made as may be provided by ordinance by
the present president and trustees of the town of Center-
ville, and all succeeding elections as may be provided by
ordinance of the town trustees by this act created. All Modeanaman-
,-. ,111 111 11 1 uer of election
such elections shall be by ballot, and all persons who by the
laws of this state are entitled to vote for state and county
officers, and who shall have been actual residents of said
town six months next preceding such election, shall be en-
titled to vote thereat.
ARTICLE II.
OF THE BOARD OF TRUSTEES.
Section 1. The trustees elect, before entering upon the oath of office.
duties of their offices, shall take and subscribe an oath to
support the constitution of the United States and of this
state, and that they will, to the best of their abilities, faith-
fully discharge the duties of their offices.
§ 2. The town trustees shall judge of the qualifications, couteeted eiec-
elections and returns of its own members, and shall deter-
mine all contested elections.
§ 3. A majority of said trustees shall constitute a quo- (Quorum.
rum to do business, but a smaller number may adjourn from
day to day and may compel the attendance of absent mem-
bers in such manner and under such penalties as may be by
ordinance provided.
§ 4. If any member of the board of trustees shall, dur- office vacated.
ing the term of office, remove from the town, his office shall
thereby be vacated.
§ 5. All vacancies that shall occur in the board of trus- vacaDcieg, how
tees shall be filled by election.
§ G. The board of trustees shall keep a journal of its Jomnai of
proceedings, and from time to time publish the same. procee inds.
§ 7. The stated meetings of the boanl shall be on the stated meetings
first Tuesday of every month, until otherwise ordered by
the board, at such place as the board may direct. Special
meetings may be called by the president or any two mem-
bers of the board, by ordering the town constable, whose
duty it is hereby made, to notify the other members, either
in person or by written copy left at each one's residence.
G3 8 TOWNS INCOKPORATED.
ARTICLE III.
UAGISTKATES AXD CONSTABLES.
poiiS^'^^m^gisf Section 1. There shall be elected in the town of Cen-
trate. terville, by the qualified voters thereof, at the first election
under this act for trustees of said town, and every four
years thereafter, a police magistrate of said town, who shall
hold office for the term of four years and until his successor
shall be elected and qualified.
Eligibility of § 2. No pcrsou shall be eligible to the ofiice of police
fr^alr ™^^'®' magistrate who shall not have been a resident of said town
for one year next preceding his election, or who shall be
under the age of twenty-one years, or who shall not be a
citizen of the United States.
Declared an § 3. For the election of a police magistrate said town is
e ectionpre met ^^^.j-QJ^y declared an election precinct, and sucli election shall
be conducted in the same manner as the elections and re-
turns of other justices of the peace : Provided^ such elec-
tions shall be held at the same time and shall be conducted
by the same judges as elections for members of the board
of trustees.
Commission of ft 4._ The polico magistrate shall he commissioned bv the
poliC6 ma^is-* ^ - ^ **
trate. '^ govemor of the state of Illinois, and shall have the same
qualifications, be subject to the same requirements and pen-
alties, and have the same rights, privileges, jurisdiction and
duties that justices of the peace now or may hereafter have
under the general laws of the state.
ARTICLE IV.
OF THE LEGISI.ATITE POWERS OF THE TRUSTEES.
Rules for gov- SECTION 1- The board of trustees shall have power to or-
ernmen , ^|^.^_^ ^^^ establish such rulcs, regulations, by-laws and ordi-
nances and impose such fines, forfeitures and penalties, for
the breach thereof, as they shall deem necessary for the
government and direction of said corporation and for the
management, control, disposition and application of its cor-
porate property, and for carrying into full force and efiect all
the powers, duties and privileges herein and hereafter gran-
ted and enumerated. They shall, also, have power —
Levy and col- Jh^irst — To Icvy and collect taxes upon all property, real
leetlou ot iHxee. .-,.,,., ,. i ^ f^ ^ •'' ,.
and personal, within the limits oi the town, not exceeding
one-half per centum upon the assessed value thereof, and
may enforce the payment of the same in any manner to be
])rescribed by ordinance, not repugnant to the constitution
of the United States or of this state; and the town trustees
are hereby authorized and empowered to provide for the
sale of personal property for the taxes due thereon, as also
for the sale and conveyance of all real estate for the taxes
due thereon, in such manner as may be prescribed by ordi-
nance : Provided^ said ordinances are not inconsistent with
the constitution of the United States or this state*
TOWNS — INCORPORATED.
639
Second — To appoint a clerk, treasurer, assessor, town ^^ A^pomtmeBt
constable, street inspector, and all such other officers as niciy
be necessary, and prescribe their duties and to require of
all officers appointed in pursuance of this act, bonds, with
such penalties and security foi- the faithful performance of
their duties as may be deemed expedient.
TJiird — To require all officers, appointed as aforesaid, to oath of office.
take and subscribe an oath that they will support the con-
stitution of the United States and of this fState, and that
they will faithfully and to the best of their ability discharge
the duties of their offices.
Fourth — To provide for all town elections ; to regulate Elections.
the election and appointment of town officers ; to provide
for filling all vacancies therein.
Fifth — To determine the rules of its proceedings and Rules of pro-
punish its members for disorderly conduct, and, by a vote ^^'-^^'^ss.
of three-fifths of all their members, they may expel a mem-
ber from the board ; and they shall also have power to re-
move from office (by a vote of three-fifths of all the mem-
bers) any subordinate officer of said town who holds his
office by appointment of board of trustees of said town.
Sixth — To regulate the police of the town, impose fines, Duty oi police,
forfeitures and penalties for the breach of any ordinance,
and provide for the recovery and appropriation of such fines
and forfeitures and the enforcement of such penalties, and
to provide for the punishment, by imprisonment in the town
or county jail, of all offenders who shall fail or refuse to pay
the fines and forfeitures recovered against them ; but no
such fine shall exceed fifty dollars, nor the imprisonment
five days.
Seventh — To fix, alter and regulate the fees of town offi- officer.? fees.
cers, jurors, witnesses and others for services rendered under
this act or any ordinance : Brovided^ no increase in the
fees or salary of any officers shall take effect until after the
next regular election after the passage of the ordinance,
resolution or order authorizing such increase.
Eighth — To prevent, restrain and suppress any riot, rout, Riots, affrays?,
noise, disturbance or disorderly assemblage in any street, °°^^^*'
house or buildings or place in the town, and to preserve
good order and harmony in said town ; to punish for open
indecency, breaches of the peace, horse-racing, fast or care-
less riding or driving through the town.
Ninth — To tax, regulate, restrain, license, and, for pro- Tippling houses
per cause, revoke such license, prohibit or suppress tippling
houses, dram shops, nine or ten pin alleys, billiard saloons,
bawdy and other disorderly houses, gambling and gambling
houses, and the traffic and selling of spirituous, vinous ami
malt liquors.
Tenth — To license, tax and regulate theatrical and other Exhibitions.
exhibitions, shows and amusements.
ingi
640 TOWNS — INCORPORATED.
Auctioneers, Eleventh — To license, tax and regulate auctioneers, mer-
pe leiF.ec. (.ji^nts and retailers, stores, groceries, beer houses, taverns,
houses of entertainment, ordinaries and other places of
trade, hawkers, peddlers, pawnbrokers and money changers.
Bridges. Twelfth — To establish, erect and keep bridges and cul-
verts in repair.
Market.? and Thirteenth— "Yo erect market houses, establish markets
mai et ou.se^. ^^^j market places, and provide for the government and
regulation thereof,
iinprovinjr Fourteenth — To provide for inclosing, irnproviner and
public grouuds. , it i i i • ,^ ^ ^
regulatmg all public grounds belonging to the town.
Needful build- Tifteentli — To provide for the erection, control and man
agement of all needful public buildings, for the use of the
town.
Weights and Sixteenth — To establish standard weights and measures,
measuief. j^jj^j rcgulatc the wcights and measures to be used in the
town, in all cases not otherwise provided by law.
Geuftrai health. Seventeenth — To make all necessary regulations to secure
the general health of the inhabitants thereof, and to pre-
vent and remove nuisances.
Combustibles. Eighteenth — To regulate the storage of gunpowder and
other combustible materials ; to provide for the prevention
and extinguishment of fires, and to organize, establish and
regulate lire companies ; to provide the town with water for
the extinguishment of tires and for the convenience of the
inhabitants.
Dogs at large. Ninctcentli — To prevent and regulate the running at
large of dogs, and authorize the destruction of the same
when at large contrary to any ordinance.
Running at Twentieth — To restrain, regulate and prohibit the run-
large of auimals . i.,i i i • a u
ning at large ot any cattle, liorses, sheep, swiiie and other
animals, and to authorize the distraining, impounding and
sale of the same, and to prevent or prohibit any indecent
exhibitions of horses or other animals.
May borrow Tioentif-Jirst — To borrow money for those purposes, on
the credit of the town, and issue the bonds of the town
therefor; but no sum of money shall be borrowed at a
higher rate of interest than ten per cent., per annum, nor
shall a greater sum or sums at any one time be borrowed
nor at any time be outstanding, than amount, in the aggre-
gate, to live thousand dollars, nor shall any bonds be issued
or negotiated at less than par value.
Improvement Twentij-second — To have jiower, and it shall be their duty,
amihighways.'''*' f'> 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 iifty years, to labor
thereon not exceeding three days in each and every year
or pay one dollar and Iifty cents per day, in lieu of said
labor, as the board may, oy ordinance, require; and if the
labor and money performed and received be not sufficient
money.
TOWNS — INCORPORATED. 641
for that purpose they shall appropriate so much from the
general fund of the corporation as may be necessary therefor;
and the inhabitants of said town shall be exempt from
working on any road outside of the same.
Tiaenty4hird—To open, alter, vacate, widen, extend, g^j^^\era"°ii °f
establish', grade, pave and otherwise improve any street,
avenue, lane, alley, public grounds and public roads, within
the limits of said town, and to establish, construct and keep
in repair sidewalks; to prevent encroachments into and
upon and to remove all obstructions from the streetp,
lanes, avenues, alleys and sidewalks, 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 be made or repaired : Provided,
that every such tax shall be levied on such lots, proportion-
ate to the length of respective fronts : And, promded, fur-
ther, that such tax shall not exceed one-half of the actual
cost of such making or repairing, and the other half of the
cost thereof shall be paid out of the general fund of the
corporation : 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 paragraph iirst, section 1, of article 4.
ARTICLE V.
OF PROCEEDINGS IN SPECIAL CASES.
Section 1. Whenever it shall be necessary to take pri- , compensation
. . , . 1 !• . i^ '*"■ property ta-
vate j)i'operty for openmg or altering any public street or ken.
alley, the corporation shall make just compensation to the
owner of said property and pay or tender the same, before
opening or altering such street or alley ; and in case the
amount of such compensation cannot be agreed upon, the
police magistrate siiall cause the same to be ascertained by
a jury of six disinterested freeholders of the town.
§ 2. When all the owners of projjerty on a street or petitions for
alley proposed to be opened or altered shall petition there- op™'°g streets.
for, the town trustees shall provide for the opening or
altering of the same ; but no compensation shall be allowed
to such owners for their property so taken.
§ 3. All jurors impanneled to inquire into the amount Damages and
of benefits or damages which shall happen to the owners 'benefits,
of property proposed to be taken for the opening or altering
any street or alley shall first be sworn to that effect, and
shall return to the police magistrate their inquest, in writing,
signed by each juror : Provided, always, in the assessment
of such damages they, the jury, shall take into considera-
tion the benefits as well as injury happening to the owners
of property proposed to be taken for opening or altering a
street or alley by such opening or altering.
Vol. Ill— 81
64:2 T0WJS8 — mCOKPORATED.
ARTICLE VI.
OF THE PRESIDENT.
Presiding offlaer Section. 1. The president shall preside at all meetings
of the board of trustees, and shall have a casting vote, and
no other ; and in case of his non-attendance at any meeting,
the trustees shall appoint one of their number chairman,
who shall preside at that meeting.
dinance"°e^c!*'^" § 2. The president shall be active and vigilant in en-
forcing the laws and ordinances for the government of the
town. He shall inspect the conduct of all the subordinate
officers of the town, and cause negligence and positive vio-
lence of duty to be prosecuted and punished ; and he is
hereby authorized and empowered to call upon any male
inhabitant of said town over the age of twenty years to aid
in enforcing the laws and ordinances thereof; and any per-
son who shall not obey such call shall forfeit and pay to
said town a line not exceeding ten dollars.
Inspection of g 3, He shall have power, whenever he may deem it
necessary, to require of any officer of said town an exhibit
of his books and papers, and shall have power to do all
other acts required of him by any ordinance made in pur-
suance of this act.
ARTICLE VIL
OF MISCELLANEOUS PROVISIONS.
Publication Of SECTION 1. All Ordinances passed by the board of trus-
ord^naucep. ^.ggg shall, withiu ouc mouth after they shall have been
passed, be published in said town, as may be provided for
by ordinance, and shall not be in force until they shall have
been pubhshed.
naS."^*"^'' § 2. The style of the ordinances of the town shall be
"^6 it ordained by the President and Trustees of the Toion of
(Jentervilley
Evidence of § 3. All Ordinances of the town may be proven by the
validity Of ordi- qqqlX of the Corporation, and, when printed or published by
authority of the corporation, shall be received in evidence
in all courts and places, without further proof.
Ordinances to § 4. All Ordinances and resolutions passed by the pres-
repeaied!^^ "" ' cut president and trustees of the town of Centerville, which
are not inconsistent with this act, shall remain in force un-
til the same siiall have been repealed by the town trustees
hereby created.
ra^ename!^°'^°' § ^' ^^^ ^"^*^^5 actious, fiues, penalties and forfeitures,
which have accrued to the president and trustees of said
town, or which may hereafter accrue to them, prior to the
taking elfect of this act, shall be vested in and be prosecu-
ted and recovered by the corporation hereby created.
voBted property § 6. All property belonging to the president and trus-
tees of the town of Centerville, for the use of inhabitants
TOWNS — INCOKPORATED. 643
of said town, shall, upon the taking effect of this act, be
vested in the corporation hereby created ; and this act shall
not invalidate any act done by said president and trustees,
nor divest them of any rights which may have accrued to
them prior to the passage of this act.
§ 7. The president and trustees of the town Centerville ^^Promulgation
shall, in due time after the passage of this act, take meas-
ures to promulgate this law within the corporate limits of
the town of Centerville, and issue their proclamation for
the election of officers, and cause the same to be duly pub-
lished in said town two weeks prior to the day of election
of such officers.
S 8. All moneys arising: from fines, forfeitures and pen- Fines paid to
alties, and all moneys arising from licenses, taxes and as-
sessments, and all moneys borrowed by the board of trus-
tees, shall be paid into the treasury and go to the use of the
inhabitants of the town of Centerville, in their corporate
capacity, to be appropriated and expended by the board for
the advancement, improvement and benefit of said town :
Provided, that said town shall support and maintain her
own paupers.
§ 9. This act is hereby declared a public act, and may ActeyWence.
be read in all courts of law and equity within this state
without proof.
§ 10. This act shall take effect and be in force from and
after its passage.
Approved March 27, 1869.
AN ACT to incorporate the town of Chebanse. In force March
13, 1809.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the
inhabitants of the town of Chebanse, in Kankakee and
Iroquois counties, are hereby constituted a body politic
and corporate, to be known by the name of "The Presi- Nameaudstyio.
dent and Trustees of the Town of Chebanse;" and, by
that name, shall be known in law, and have perpetual suc-
cession ; may sue and be sued, implead and be impleaded,
defend and be defended, in all courts of law and equity, in
all matters and actions whatsoever; may purchase, take,
receive and hold personal property and real estate within
the limits of the incorporation, but not elsewhere; mny
lease, sell and convey the same, and do all other lawful
acts within the scope of this act of incorporation, as natu-
ral persons may do ; may have a common seal, and break
and alter the same at pleasure : Provided, no land shall be
sold by them which has been conveyed to or is held by the
64J: TOWNS — INCOKPOBATED.
corporation for streets, alleys, lanes, public grounds or
squares.
Boundaries. § 2. That all the district of country contained in and
known and lying in township twenty-nine (29) north, of
range fourteen (14) west of the second principal meridian,
in Kankakee and Iroquois counties, as surveyed and platted
by E, W. Dodson, county surveyor of Iroquois county, and
recorded in book No. 1 of plats, page No. 22, in the re-
corder's office of Iroquois county, Illinois, and also in book
No. — of plats, page No. 45, in the recorder's olhce of
Kankakee county, Illinois, is hereby declared to be the
limits of the incorporation hereby created : Provided^ I he
board of trustees may extend the limits of said incorpora-
tion not to exceed two miles square of land.
Powers vested § 3. The Corporate powcrs and dutics of Said incorpora-
in tvustees. f;iQQ gj^^ll be invested in live (5) trustees, who shall form a
board for the transaction of business. The first board of
trustees under this act shall be elected on the first Monday
in September next, and thereafter shall be elected annu-
ally on the first Monday in September in each and every
year, to serve for one year, and until their successors are
elected and qualified. They shall be citizens of the United
States, twenty-one years of age, shall possess a freehold
estate within the limits of the incorporation, and shall have
resided therein at least one year next preceding the elec-
tion. No failure to elect trustees on the day appointed
shall operate as a dissolution of the corporation, but such
election may be held on any subsequent day, upon five
days' notice given by any five legal voters of said town ; or
the clerk of the board of trustees, in such manner as the
board of trustees shall by ordinance direct, may call such
election.
Piesiding officer § ^- The board of trustees shall appoint their president
from their own body, who shall preside at meetings of the
board ; and in case of absence or inability of the president,
the trustees present shall have power to elect a president,
pro tern., from their own number. The board shall be
judges of the qualifications, elections and returns of their
Qaorumtodo owu members. A majority of the trustees shall constitute
a board to do business, but a smaller number may adjourn
from day to day and may compel the attendance of absent
members, in such manner and under such penalties as they
Rnies of pro- shall provide. The board of trustees shall determine the
oeedings. rules of proceedings and order of business before them ;
punish their members or other persons for disorderly con-
duct before the board while in session, and by a vote of
four-fifths of the whole number elected, expel a member,
for good cause shown ; and make such other rules and reg-
ulations, for their own government, as to them may seem
most proper and expedient; and, in case of death, removal
from the limits of the corporation, neglect for the space of
TOWNS INCORPORATED. Gi5
three months together to serve, or refusal to serve, to be
signalized in writing to the board, the* remaining members
may appoint to till the vacancy thereby occasioned.
§ 5. 1^0 person shall vote at any election of othcers of ^^ e^^',?'™J'.^"°''
said corporation unless he be qualified to vote for represen-
tatives to the general assembly, and shall have resided
within the limits, of said incorporation three months next
preceding the election. No person shall be appointed or
elected to any office under this incorporation unless he be
at the time entitled to vote at all elections under this act ;
and all such elections shall be by ballot, and tie votes shall
be decided by lot, in the presence of the board of trustees.
S 6. The board of trustees shall, annually, at the next Appointment
regular meetmg or as soon thereatter as may be, appoint
a clerk of the board of trustees, a treasurer, and such other
officers, from time to time, as they may deem necessary
and for such a term as they shall by ordinance direct, nut
exceeding one year. An assessor and constable of said in-
corporation shall be elected at the same time and in the
same manner and for the same term as trustees shall be
elected, as provided in this act. The board of trustees
shall have power to define and regulate the duties of the
officers of the incorporation in such manner and under such
penalties as they shall deem proper and to provide for their
compensation.
§ 7. The board of trustees shall have power and they oath of oaice.
are hereby directed to require of said clerk, treasurer,
assessor and constable to take an oath of office and file the
same with the clerk and give bond, with sufficient security,
to be approved by said board of trustees, well and truly to
perform the duties of their respective offices, as shall be re-
quired of them by law or the ordinances of said town,
from time to time, and in such penalties as the board of
trustees shall direct. All such bonds to be given to said
incorporation by its corporate name.
§ 8. The board of trustees shall have power to borrow May borrow
money, on the credit of the town : Provided, that the ™''"°^'
amount of money borrowed and the indebtedness of the in-
corporation on account of money loaned shall at no time
exceed two thousand dollars, and at a rate of interest not
exceeding ten per cent, per annum.
§ 9. Any member of the board of trustees knowingly tion of^^unds"*^'
voting in favor of a misapplication or wrongful conversion
of the funds or personal property of the town shall be per-
sonally liable, in an action on the case, for the amount so
misapplied or converted and costs.
§ 10. The board of trustees shall have power to make General health,
regulations to secure the general health of the inhabitants;
to declare what shall be nuisances, and prevent and remove
the same ; to provide the town with water, and dig wells
and erect hydrants and pumps in the streets, for the con-
Q4:Q TOWNS — INCOBPOKATED.
Improvement veniencG of tliG public ; to open, alter, extend, establish,
andhfghways!*^^ grade, plank, pave and in any other way or manner im-
prove and keep in repair streets, avenues, lanes and alleys,
side walks, cross walks, drains and sewers ; to establish,
erect and keep in repair bridges ; to provide for the erec-
tion of all needful buildings, for the use of the town ; to
provide for inclosing, improving and regulating all public
squares or places within or belonging to the incorporation,
planting trees in the streets and public squares, for orna-
ment or shade, and the protection of the same ; to restrain
Indecencies. and prohibit shooting, horse-racing, indecent exposure of
horses and persons, houses of ill- fame, gaming and gaming
houses, and all other disorderly houses, and to suppress
the same ; to provide for taxing, licensing and regulating
Shows and theatrical or other shows and amusements, for the admis-
exhibitions. ^^^^^ ^^ which money or anything is charged ; to regulate
and license merchants, auctioneers and peddlers; exclusive
power to regulate, prohibit or license the selling of spirit-
uous, vinous and malt liquors of any kind within the cor-
porate limics; to restrain and prohibit the running at large
Rimnin? at of any horses, cattle, sheep, swine, goats or dogs withm
audcauief°^^^^ ^^^^ Corporation; to erect market houses; to establish mar-
kets and market places, and provide for the use, govern-
ment and regulation thereof; to fix the rates to be charged
for the carriage of persons and property, within the limits
of said corporation, by carriages, wagons, sleighs or drays ;
to provide for the preservation from and extinguishment
Extinguishment of fires; to establish and regulate a fire department ; to
ot nres. regulate the stor*ige of gunpowder and other combustible
materials; to regulate the sale of game; to regulate the
speed at which railroad locomotives and cars shall be driven
or horses rode or driven through said incorporation ; to
regulate the police of the town ; to regulate the election of
ofiicers of the incorporation, to provide for their compen-
sation, (except that the board of trustees shall not receive
any compensation for their services as such and shall be
incompetent to hold any other corporation office during the
term for which they have been elected trustees, having
accepted of such office of trustee) ; to provide for the in-
inspection of spectiou and weighing of hay and coal, the measurement
hay, coal, etc. q^- ^^,q wood, or Other fuel, to be sold or used within the
incorporation ; to make all such ordinances, from time to
time, and alter, amend and repeal the same, as shall be
necessary to carry into etifect and execution powers speci-
fied in this act, so that the same be not inconsistent here-
with nor with the laws or constitution of the United States
violation, how or of this State ; to impose tines, forfeitures and penalties
pumbhc . j^j. j.j^^ breach of any ordinance of the incorporation, and
to provide for the recovery and appropriation of any such
fines or forfeitures and enforcement of any such penalt}'- ;
to provide for the infliction of tines or penalties upon any
TOWNS — INCOKPOKATED. 647
officer of the incorporation neglecting or refusing to per-
form any duty or act required of such officer in this act to
be done ; to cause, from time to time, a census of the in- Enumeration
habitants of said town to be taken, and, in their discretion, °
to divide said town into wards, and designate the number
of trustees that each ward shall be entitled to ; to provide Election of
for the election of one justice of the peace from the legal Justice of peace,
voters of the incorporation at the election of the board of
trustees, by the legal voters of the town, who shall hold his
office for four years and until their successor are elected
and qualitied — returns of which elections shall be made by
the clerk of the town, and such justices shall be commis-
sioned by the governor, give bonds, to be tiled in the town Give bond and
clerk's office, and running to the board ot trustees ot the
town, and in all other respects to qualify and conform to
the general laws of this state providing for the election and
quahlication of justices of the peace, and shall have the
same jurisdiction, power and authority and perform all
such acts and duties as are or may be by laws of this state
vested in or required of justices of the peace at and within
said counties of Kankakee and Iroquois; and in case of wnen vacnn-
death, removal from the corporation, incapacity or refusal fluid?''""' ^""^
to serve of any justice of the peace elected under this act,
to provide for tilling the vacancy by election.
^ 11. The regular meeting of the board of trustees Meetiugsoftiie
shall be on the first Monday of every mouth, at such time '^'"'^t^s^-
on said day and place as, by ordinance, they shall desig-
nate, and they may provide for the holding of adjourned
and special meetings.
§ 12. The board of trustees shall have power to levy, Levy and coi-
annually, at the regular meeting of the board in August, ^'^'^ ^^^^^'
and collect taxes for the corporation, upon all real estate
within the limits of the incorporation and upon all person-
al property of the inhabitants of the town within said town, /
not exceeding one per centum upon the assessed value
thereof. In making such assessments the assessor shall •
be governed by the laws of this state directing the assessing
of property for state and county purposes, for the time be-
ing, as near as may be, and so as not to conflict with the
provisions of this act : Provided, that the trustees may
adopt the last assessment made under the general laws of
this state. The assessor, after having made his assessment Duties of the
roll, shall deposit the same with the clerk of the board of ^f|,^^'°'' ^^^^^
trustees, who shall note thereon the time of such deposit, for
inspection of any and all persons interested, for the space
of ten days, posting up notices in four of the most public
places in said town that said roll is so left for inspection,
and shall, upon the lapse of ten days, attach to said assess-
ment roll his affidavit, stating therein the time of deposit-
ing said roll with said clerk, as aforesaid, and the time of
posting said notices ; the clerk shall file and carefully pre-
648
TOWNS — INCORPOKATED.
Notice of elec-
tion.
Collection
taxes.
Duties of the
constable
Liability of
coufciable lor all
taxes.
serve said roll in his office ; and all taxes levied upon real
estate are declared to be a lien upon the real estate upon
which the satre are assessed from and after such roll is de-
)>osited with said clerk, as aforesaid.
§ 13. It shall be the duty of the clerk of the board of
trustees, within five days thereafter, to post notices in four
of the most public places in said corporation and also insert
such notices in the newspapers, should there be one pub-
lished in said town, that at a place and on a day to be there-
ih named, not more than two weeks from the time of said
depository, as provided in section twelve (12) of this act,
the board of trustees will meet for the purpose of inspect-
ing such assessment, when and where it shall be the duty
of the board of trustees to meet and hear and investigate,
under oath of the parties complaining, to be administered
by the clerk of said board, any complaints that the party
complaining is charged with property which did not belong
to him or her at the time that the same was assessed or
that his or her property is assessed too high, and shall in
all such cases so alter or amend, or not, said roll, as to
them shall seem right : Provided^ lioioever^ that if a regu-
lar meeting of the board of trustees will happen at any
time within three weeks after the filing of said roll, then it
shall not be necessary to have a special meeting convened,
as above, but the matter specified in this section may be
acted upon at such regular meeting.
§ 14. After such assessment roll shall have been before
the board of trustees for its action thereon, as above provi-
ded for, and after making such alterations therein as they
may deem necessary under the preceding section, it shall
then be the duty of the board to cause a warrant to be is-
sued, under the seal of the corporation, and signed by the
president and clerk of said board, directed to the town con-
btable, with a copy of said assessment roll attached, com-
manding him to proceed and collect the same within ninety
(90) days after the date thereof; and in the collection there-
of said town constable is vested with the same powers and
to be exercised in all respects in the same manner as col-
h3ctor of taxes are in and by the act to provide for township
organization, as far as the same shall be applicable.
§ 15. It shall be the duty of the constable to pay to the
treasurer of the town all moneys collected by him, deduct-
ing his percentage, from time to time, as fast as collected,
and to make returns, in writing, thereof to the clerk of said
board, under oath, showing, first, the amount of money and
on what account collected by him; secondly, the taxes on
personal and real estate, specifically, as In the warrant, and
making separate returns of the personal and real estate
upon which taxes remain unpaid.
§ 16. The town constable, with his sureties, shall be
liable for all taxes that by use of due diligence be might
have collected and shall fail so to do.
TOWNS — INCORPORATEt). 649
§ 17. It shall be the duty of the town clerk to file in the Duties o
office of the count}'- clerks of Kankakee and Iroquois coun- *^*" '
ties a copy, certified under the corporate seal of the incor-
poration, of the returns of the town constable, showing the
real estate in the respective counties upon which taxes re-
main unpaid, at least five days before the first day of the
next term of said court in each of said Kankakee and Iro-
quois counties which shall be holden after the return of
said warrant and filing the same in his office, and shall
cause a notice, upon application, to be made to said county ^ ^.^
courts, for an order to sell the same for non payment of lands som for
taxes and costs ; and the time and place of such order to be *"^®^'
published in the same planner as required by law for the sale
of real estate for the non-payment of state and coanty taxes ;
and the county court shall thereupon proceed to dispose of the
matter in the manner as required by the law in such cases.
§ 18. The town constable shall make the sale under the cierkto keep
order of the county courts provided for in the above sec- '
tiop, and the clerk of the county court shall keep a record
of such sale, file the same in his office, in a book to be
provided for that purpose, issue certificates ; and said offi-
cers shall in all things in and about said sale comply, as
near as may be, with the provisions ot the laws for the time
being directing sales of lands for the non-payment of state
and county taxes.
§ 19. When any real estate in said town shall be sold, Kedaemabie.
as herein provided, for non-payment of taxes, the same
shall be subject to redemj)tion by any person interested
therein within two years after the same shall have been
sold, on paying to the clerk of the incorporation double
the amount for which the same may have been sold and all
taxes assessed for corporation purposes which may have
been paid by the purchaser at such sales since such sale,
with legal interest thereon from the time of such payment
to the time of such redemption ; thereupon, the clerk of the
county court shall make out to the person so redeeming a
certificate, under his hand and seal of the said court, speci-
fying the lands redeemed, the time of redemption, the
moneys paid and by whom, which shall be prima facie
evidence in all courts whatsoever of the acts therein stated.
The clerk shall pay such moneys to the treasurer of the
town, taking and filing his receipt therefor, and the trea-
surer shall deposit the same in the town treasury, for the
use of the purchaser at such sale, to be paid out to him or
his assigns, on demand therefor and receipts given.
§ 20. Taxes and all costs made thereon may be paid at Fees, etc. paid
any time to the town constable, before the sale of the land f°"«'^»^'«-
for non-payment thereof. In case any real estate sold
under the provisions of this act shall be and remain unre-
deemed, as above provided, at the expiration of two years
from the date of said sale, a deed shall be made out and
Vol.111— 82
650 TOWNS — INCOKPORATED.
signed by the president and countersigned by the clerk of
the county court, under the seal of said courts, and duly
acknowledged by said officers, conveying the land to the
purchaser or his assigns or his or her heirs or assigns, upon
proof of such notice to the owner of the land as is required
by the constitution and laws of this state of the sale of
land for non-payment of taxes.
B'eee of officers. § 21. Officers acting under this act of incorporation of
the sale of lands for the non-payment of taxes and in all
proceedings precedent and consequent to the order to sell
the same, shall be entitled to the same fees as shall be
allowed by law for similar services under the revenue laws
of this state, and the same shall be charged npon land
taxed and included in the order of the court directing such
sale as is provided in said law. Private property shgll not
be taken for the opening, widening or altering of any pub-
lic street, lane, avenue or alley, unless upon petition of
twenty legal voters of said town and notice given by pub-
lication, in a newspaper or by posting the same pn four
public places, of the time and place of the presentation
thereof to the board of trustees, who shall proceed to hear
and determine the matter at such time or adjourn the mat-
ter to such time as to them shall be thought proper ; such
notice to be given at least ten days before the time of pre-
sentation of such petition.
Private prop- § 22. When it shall be necessary to take private pro-
fmproTCmen/of P^rty for Opening, widening or altering any public street,
streets, alleys, lane, avenuo or alley, the corporation shall make just com-
pensation for damages to the person whose property is so
taken ; and if the amount of such compensation cannot be
agreed upon, the be ird of trustees of said town shall select,
by a ballot, five commissioners, legal voters of said corpo-
ration and not directly interested in the question, who shall
proceed, having first been duly sworn to make assessment
of such damages fairly and according to law, to examine
the premises and hear all parties interested in the matter
who may appear before them. They or a majority of them
shall make out their award, in writing, and return the same
to the board of trustees, under their hand and seal, with a
certificate of the oath taken by them ; and in case they or
any three of them shall be unable to agree upon any award,
they shall be discharged by the board and other commis-
^May levy and sioucrs in like manner selected in their place. They shall
provemcutd. " also assoss upon the property by them deemed benefited
by the opening, widening or altering such street, avenne,
lane or alley the damages by them assessed therefor, a rata-
ble proportion, and report the same with their assessment ;
and the board of trustees shall issue their warrant for the
collection of the same against the owners of the land so
reported to be benefited, for the town constable; and the
same is hereby declared to be a special tax and a lien on
TOWNS — INCORPORATED. 651
the land so reported to be benefited, and may be collected
in the same manner as other corporation taxes are. An
appeal may be taken from the award of damages made by May appeal to
said commissioners, by the board of trustees or the owner *^°^'^*^ ^°'^^*' •
of the property so taken, to the county court of the respec-
tive county in which the land so taken may lie, in the same
manner and with the same effect as in case of appeal from
a judgment of a justice of the peace — the bond on such ap-
peal to be filed with the county clerk ; and the proceedings
of the county court, on such appeals, shall be the same as
in case of appeal from judgments of justices of the peace.
Either party to such appeal shall have the right to have
the same tried by a jury, who shall assess the amount of
damages sustained by the owner of the property taken, as
aforesaid; and the county judge shalljdetermine the amount
of the costs to be paid, and may apportion the same be-
tween the parties, as he shall think just and proper. The
amount of the damages assessed by the jury or the court
on such appeals shall be assessed by the board of trustees
upon the property deemed and reported by the said com-
missioners to be benefited by the opening, widening or
altering of such street, avenue, lane or alley, in ratable pro-
portion, according to the valuation thereof adopted by such
commissioners ; and the warrant of the board of trustees
shall be issued by them for the collection of such damages
as in case no appeal had been taken.
§ 23. Should the owner of any land upon which any untool^n^^^Toi^
special tax be assessed under this act be unknown, he may be ers.
so described in ail proceedings to assess and collect the same.
S 24. In ascertaining the amount of compensation for , Benefits and
damages to be allowed to the owner for his property taken mated.
for opening, widening or altering any street, lane, avenue
or alley, the commissioners' court or jury shall take into
consideration the benefits, as well as injury happening by
such opening or widening such street, lane avenue or alley,
and, if the benefit exceed the injury, shall so report or find.
§ 25, The board of trustees may, for good cause shown, Report of com-
on application filed in the office of the board within ten beset°a»ide™*^
days after the returns of the commissioners appointed under
this act, open and set the same aside and cause another assess-
ment to be made by the same or other commissioners.
§ 26. The board of trustees shall have power to provide, qj ^g^^^tJ®™®"*
by ordinance, for the assessing, levying and collecting a
special tax on the owners of lots in any street, lane or
alley, avenue or part or parts thereof, according to their
respective fronts owned by them, thereon, for the purpose
of paving, grading, planking and making, in such manner
as the board shall direct, sidewalks and cross-walks in such
street, lane, avenue or alley or part or parts thereof, which
tax is hereby declared to be [a] lien on the land in refer-
ence to which it is assessed until paid, and to be a special
tax, to be collected as other corporation taxes are.
taxes
to
652 TOWNS — INOORPOKATED.
constructtonof § 27. The owDGi'S of lots shall be allowed a reasonable
ewa s. time, to be ascertained by ordinance, within which to make
or repair euch sidewalk or crosswalk, under the direction of
the board of trastees, in front of the lots owned by them ;
and, in case of failure to make or repair the same within
such time, the board of trustees are authorized to cause
such making or repairing to be done and assess and collect
the necessary expense thereof, in the manner herein provided.
Unpaid special § 28. All Special taxes remaining unpaid shall be re-
louiity wnrt. tumed by the constable, in manner hereinbefore stated as
to general taxes, and shall be annually reported to the
county court at the same time ; and, in all respects, the
proceedings to procure a sale of the land for non-payment
thereof, shall be conducted in the same manner that is
herein provided to procure a sale of real estate for general
taxes remaining unpaid, and subject to sale and redemp-
tion in the same manner,
isxempt from § 29. The inhabitants of said corporation are hereby
yond the limits, exempted from working poll tax for road labor and for all
highway and road taxes whatever otherwise than under the
provisions of this act. The board of trustees, to aid them
in keeping bridges, streets, lanes, avenues and alleys in
repair in said town, shall have power to require every male
inhabitant residing within the limits of said corporation,
over twenty-one years of age and not incapacitated by
sickness or other infirmities from manual labor, to labor on
said streets, bridges, lanes, avenues or alleys, not exceeding
three days in each and every year; and any person failing
to perform such labor, according to the ordinances of the
town, in that behalf from time to time enacted, shall forfeit
and pay such fine as the board of trustees shall direct:
Provided^ that the board of trustees may provide for the
commutation of such labor.
ta''e"bS."°"''' § ^^- The board of trustees shall have exclusive juris-
diction and control over all bridges, streets, avenues, lanes
and alleys and public highways ?t and within the incorpo-
ration, and the opening, repairing and making the same.
oiftndcr^s""'"'"'^ § 31. The board of trustees shall have power to pro-
vide for the punishment of offenders, by imp>risonment in
the county or^town jail, in all cases where such offenders
shall fail or refuse to pay any fine or forfeiture recovered
against them for breach of an}'- ordinance of the town :
Frovided^ such imprisonment shall not be for a longer du-
ration than twenty-four hours for every two dollars of such
tine and costs.
.Turisdiction of g 32. Justiccs of the peace of the counties of Kankakee
ustices of peace ", t • • t ^. ■ • .i t .. ,. .i
and Inxiuois, residing within the limits of the incorpora-
tion, yhall have jurisdiction of all suits and process brought
and issued for tlie recovery of any fine or to enforce any
])enalty for the breach of any ordinance of said corporation ;
and constables of said counties, residing within the limits
of said corporationj shall have power and authority to serve
TOWNS — INCORPORA.TED, 653
and execute all process issued in any such suits to be
brought and judgment rendered therein and the same col-
lected and enforced in the same manner as is provided by
the laws of this state in similar cases, the right of trial by
jury to either party demanding the same. Limit of fines
§ 33. No fine for the breach of any ordinance of said melit. '""P"^'""'
town shall exceed one hundred dollars nor imprisonment
for like offense twenty days. y^ijj, ^^^^^^
§ 3i. All actions for fines, penalties and forfeitures ac- ^^ corporation.
cruing lor the breach of any ordinance of said town, shall
be instituted and prosecuted in the name of the president
and board of trustees of the town of Chebanse, upon com-
plaint of any person before any justice of the peace resid-
ing in said town, by action of debt. The ordinary process when warrant
shall be by summons; bnt in cases where the party com- "^^^ ''®^^^"®^-
plaining shall state, under oath, that he has good reason to
believe that the party accused to have committed a breach
of an ordinance of the corporation and that the party ac-
cused is about to abscond or depart without the limits of
the counties, or has so departed or absconded, then the
justice of the peace may issue his warrant to bring the
party accused forthwith before him to answer such com-
plaint ; and in that case the party accused shall remain in
the custody of the oflicer until the suit is disposed of and
the fine and costs, if any, imposed on him be paid or oth-
erwise discharged according to law, unless he shall enter
into a recognizance, with good security, before final judg-
ment in the case, before the justice of the peace, to the
corporation, in double the amount of the penalty that may
be inflicted upon him in the suit, conditioned that he
will pay the judgment and costs that may be rendered
against him therein ; and in default of such bail, the officer
may commit the party accused to (be) common jail of the
county or town for safe keeping while the case is not being Justice to orant
tried. The justice of the peace shall grant but one con- <=«^"'^"^'i^«-
tinuance on the application of the plaintiff in the suit, in
cases where the accused is under arrest. The recognizance
shall be filed in the oflice of the justice, and in case of for-
feiture shall be transmitted by him to the clerk of the
board of trustees. Appeals allowed
§ 35. Appeals and writs of certiorari shall be allowed
in all cases, both on the part of the corporation and the de-
fendant, in all suits brought to recover any fine, penalty
or forfeiture for the breach of any ordinance of said town,
from the judgment of a justice of the peace to the circuit
court of Kankakee or Iroquois counties, to be taken and
granted in the same manner and with like effect as appeals
and writs of certiorari from judgments of justice of the
peace in other cases. juri^dictioa of
§ 36. The town constable shall have the same general
jurisdiction and authority within the counties of Kaiikakee
and Iroquois that other constables of said counties have.
654 TOWNS — INCORPORATED.
and shall be subject to the same liabilities, and shall have
exclusive authority to collect all general and special taxes
levied by said corporation.
Moneys paid § 37. jSTo mouey shall be paid out of the treasury of the
out of treasury, g^^j^j corporation, save upon the resolution of the board of
Signature of trustees. Specifying to whom and upon what account the
president. same is paid out, on order made by the clerk, signed by
the president and countersigned by the clerk, drawn in
pursuance of such resolution. All taxes of said town
shall be collected in United States currency and the orders
on the treasurer aforesaid ; and all moneys belonging to
the town shall be deposited and remain v/itli the treasurer
until drawn out in the manner above provided.
Fiuancira state- § 38. The board of trustees, annually, at least two
™®'^*' weeks prior to any general election for officers under this
act, shall make out and enter upon their records a full and
complete statement of the fiscal affairs of the corporation,
showing, item by item, all moneys received, from whom
and on what account, also all moneys expended and paid
out and to whom and on what account, and to their indebt-
edness of the corporation, and on what account; the
amount of orders on the treasury then outstanding, to
whom payable and on what account — a copy of which shall
be published in a newspaper in said town at least one week
prior to said election, or if none be published, then posted
upon some public place one week prior to such election ;
and for willful neglect or for refusal on the part of said
trustees or any member thereof to cause such statement to
be made, as herein provided, he or they shall be deemed
guilty of a misdemeanor, and, on conviction thereof, shall
be fined in a sum not exceeding one hundred dollars.
Exempt from § 39. All pcrsons, members of any fire company organ-
miutary dui7. •^gjj under the ordinances of said corporation, shall, during
the time of such membership, be excused from serving in
the militia, unless in cases of actual invasion or insurrec-
tion, and from sitting on juries, and, after serving seven
years as such fireman consecutively and receiving a certi-
ficate to that effect under the seal of the corporation, shall
thereafter continue to be so exempt. No person shall be
disqualified as a witness or juror in any suit or proceeding
wherein the corporation may be a party or interested in
consequence of being an inhabitant of said town or a mem-
ber or officer of said corporation.
Time and place g 40. The first clectiou of trustccs shall be held at the
Chebanse hotel or such other place as the board may des-
ignate in their notice calling said election, and shall be
opened at nine o'clock in the morning and continue open
until five o'clock in the afternoon of the same da}-. The
president of the board of trustees and the chairman of the
committee on finance of said board shall act as judges of
the election, and the clerk of the board shall act as clerk of
the election, who shall conduct such election as is reouired
TOWNS— INCORPORATED. G55
by the general election laws of the state ; shall canvass
the votes and make certificates, under their hands and
seals, of the persons elected, and deliver the same to them,
and make returns of the poll book and certificate attached,
to the clerk of the board of trustees, when he shall be ap-
pointed and enter upon the duties of his office.
§ 41. The president of the board of trustees shall be, president ex-
ex officio, a member of the board of supervisors of the oPbLard^o^au-
county of Kankakee or Iroquois, of which he shall be a' pcrvisors.
resident of at the time of holding said office, and shall have
the same power as any other supervisor, and shall be enti-
tled to the same compensation for the same services as other
supervisors.
§ 43. The title, '' town clerk," when used in this act, Titie of town
shall be held to mean in all cases the clerk of the board of '^'®'''^*^®^°^*^-
trustees ; and it is hereby provided that the present exist-
ing board of trustees, who are elected under and by virtue
of the general incorporation act, shall be and are hereby
declared to be trustees, under and by virtue of this act, and
to hold their office until their successors are elected and
qualified, and that they shall have the powers and be sub-
ject to all the restrictions contained in this act the same as
if they had been duly elected under this act ; and all acts
done by the present board of trustees or any other board
that has preceded them are hereby declared legal.
§ 43. In case of vacancy by leaving the state or other- vacanoies, how
wise or failure to perform duties by the constable and col- ^'^'^^'
lector of said town, it shall be the duty of the board of
trustees, and they are hereby authorized to declare said
office vacant, and to fill the same by appointment until the
next election ; and the successor so appointed shall exer-
cise all powers and be subject to all the duties of the col-
lector whose place he may be appointed to fill.
§ 44. This shall be deemed a public act, and shall be
in force from and after its passage.
Approved March 13, 1869.
AN ACT to incorporate the town of Chenoa. la f^ygg April
15. 1S69.
ARTICLE I.
Section 1. Be it eliacted hy the Peojjle of the State of
Illinois, represented in the General Ass&mhly, That the in-
habitants of the town of Chenoa, in the county of McLean,
and state of Illinois, be and they are hereby constituted a
body politic, by the name and style of the "Town of Namsaud style.
Chenoa ;" and, by that name, shall have perpetual succes-
G56 TOWNS — INCORPOEATED.
sion, and may have and use a common seal, whicli they
may change and alter at pleasure.
BoT^ndaries of § 2. The boundaries of said town shall include within
town. their corporate limits all of section number two (2), of the
original plat of Chenoa, as laid out by Matthew T. Scott,
with all additions to the said town of Chenoa, laid out and
platted by the said Scott, all of East Chenoa, with all ad-
« ditions to East Chenoa which have been laid out and plat-
ted by William M. Hamilton, in section No. one ; also, Ten-
ny's and McMahon's addition to the town of Chenoa and
East Chenoa, in the northwest quarter of section No. one ;
also, William H. Lever's addition to the town of Chenoa, in
section twelve ; also, Pierce's addition to the town of Chenoa,
in section No. eleven, in township No, twenty-six north,
range No. four east of the third (3d) principal meridian, in
the county of McLean, and state of Illinois, as appears of
record in the recorder's book of said McLean county.
Additional ter- S 3, Whenever any tract of land adioining; the town of
Chenoa shall be laid off in town lots and duly recorded as
required by law, the same shall form a part of the town of
Chenoa.
General cor- § 4. The inhabitants of said town, by the name and
porate powers, ^^^^e aforesaid, shall have power to sue and be sued, plead
and be impleaded, to defend and be defended, in all suits
of law and equity and in all actions whatsoever ; to pur-
chase, receive and hold property, real and personal, in said
town, and to purchase, receive and hold property, both real
and personal, beyond the limits of said town, for burial
grounds, and for other purposes for the use of the inhabi-
tants of said town, and to sell, lease, convey and improve
property, real and personal, for the benefit of said town,
and to do all other things in relation thereto as natural
persons.
ARTICLE II.
OF THE TOWN COUNCIL.
conncii. Section 1. There shall be a town council, to consist of .a
Ijresident and live (5) trustees, to be chosen annually on the
lirst Monday of Autrust by the qualified voters of said town.
May declare § 2. If any member of the town council shall, dm*ing
office vacant. ^Yiq term of his office, remove from the town, his office shall
thereby be vacated.
Contested eiec- § 3. The towu council shall judge of the qualifications,
''°"' election and returns of its own members, and shall deter-
mine all contested elections.
Quorum. ^4. A majority of the town council shall constitute a
quorum to do business, but a smaller number may adjourn,
from day to day, and compel the attendance of all absent
members, under such fines and penalties as may be pre-
scribed by ordinance.
TOWNS — INOORPOKATED. 657
§ 5. The town council shall have power to determine Eniea of pro-
the rules of its proceedino;s, punish its members for dis- "^ '°^*'
orderly conduct, and, with the concurrence of two-thirds of
the members elected, expel a member.
§ 6. The town council shall keep a journal of its pro- Jonmai of
ceedings, and, from time to time, publish the same; and ^"^"^^^ '"^^"
the yeas and nays, when demanded by any member present,
shall be entered upon the journal.
' § 7. All vacancies that occur in the town council shall vacancy, how
be filled in such manner as it shall appoint.
§ 8. Each and every member of the town council, be- oathoi office,
fore entering upon the duties of his office, shall take and
subscribe an oath or affirmation, in addition to the several
oaths prescribed|by the constitution of this state, that he
will well and truly perform the duties of his office to tiie
best ot his ability.
§ 9. Whenever there shall be a tie in the election o^" ^eTern^ucfd '^°^
the members of the town council, the judges of elect ion
shall certify the same to the police magistrate or other jus-
tice of the peace of said town, who shall determine the '
same, by lot, in such manner as shall be prescribed by
ordinance.
§ 10. There shall be stated meetings of the town coun- stated meetmgs
cil in each year, at such time and place as may be prescribed
by ordinance.
ARTICLE III.
OF ELECTIONS.
Section 1. On the first Monday of August next an Election of of-
election shall be held in said town for president and five
members of the town council, and for a police magistrate,
and forever thereafter, on the first Monday in August, in
each year, there shall be an election held for said president
and trustees; and for said police magistrate an election
shall be held once in four years. The first election shall be
held, conducted and returns thereof made as may be pro-
vided by ordinance, by the present president and trustees
of the town of Chenoa, and all succeeding elections as may
be provided by ordinance of the town council by this act
created.
§ :.'. All persons who may be entitled to vote for stat^ ofeiect^^r*^^"""
officers and who shall have been actual residents of s-aid
town for sixty days immediately preceding said election
shall be entitled to vote for said officers.
ARTICLE IV.
Section 1. The town council shall have power and ^^^ '^^ **^*
authority to levy and collect taxes upon all property, real
and personal, within the limits of the town, not exceeding
Yol. Ill— 83
658 TOWNS — INCORPORATED.
one per centnm, per annum, npon the assessed value there-
of, and may entorce the payment of the same in any man-
ner to be prescribed by ordinance, not repugnant to the
constitution of the United States or this state.
Arpnintment § 2. The towu couucil shall have power to appoint a
o offlcer^. clerk, treasurer, assessor, marshal, constable, commissioner
of streets, and such other officers as may be necessary, and
to require of all officers appointed in pursuance of this
charter, bonds, with such penalties and security for the faith-
ful performance of their duties as may be deemed expedi-
ent, and also to require all officers appointed, as aforesaid,
before entering upon the discharge of their respective offi-
cial duties, to take an oath in the same manner provided in
section eight of article two of this act.
Appropriations. § 3. To appropriate money and provide for the payment
of the debts and expenses of the town.
Prevent con- § 4. To make regulations to prevent the introduction
tagious diseases Qf cQut^gious diseases into the town, and enforce the same
within three miles thereof
To establish S 5. To establish hospitals, and to make regulations for
hospitals. .-, ^ i. £• ^1 ^
the government ot the same.
General health, § 6. To make regulations to secure the general health
of the inhabitants ; to declare what shall be a nuisance,
and to prevent and remove !he same.
Provide water. § 7. To provide the town with water ; to sink and
keep in repair wells and pumps in the streets, for the con-
venience of the inhabitants.
Repair streets. § 8. to lay out. Open, alter, abolish, widen, extend, es-
tablish, gi-ade, pave or oiherwise improve and keep in re-
pair public squares, streets, avenues, lanes and alleys and
to establish a building line thereon.
Bridges. § 9. To establish and keep in repair bridges.
Lighdii- streets § 10. To provide for lighting the streets and erecting
lamp posts.
Ni^'iit-watchos. § H. To establish, support and regulate night watch-
men.
Markets and § 12. To ercct market houses ; to establish markets and
market houses, market places, and provide for the government and regula-
tion thereof
Buildings. § 13. To provido for the erection of all needful buildings
for the i^se of the town.
Public ^'rounds. § 14. To provido for the inclosing, improving and reg-
ulating all public grounds, belonging to the town.
A'l'tioneerB, § 15. To liconsc, tax and regulate auctionecrs, merchants,
P^ ^"''^'' retailers, taverns, hawkers, peddlers: Provided, no fee
shall be charged the person applying, if a resident of said
town and is assessed therein for taxes.
Porters, hack- § If). To license, tax and regulate hackney carriages,
men, etc. coaclies, omnibuscs, wa;.^ons, carts and drays, and fix the
rates to be charged for the carriage of persons and for the
wagonage, cartage or drayage of property.
TOWNS — INOOKPOKATED. 659
§ 17. To license and regulate the rate of porters and fix Porters and
the rate of porterage. porterage.
§ 18. To license and resrulate and suppress theatrical Exhibitions.
and other shows and ainuseraents.
§ 19. To tax, restrain, suppress and prohibit tippling Tippling houses
houses, dram shops, gaming houses, bawdy houses and
other disorderly houses within said town and within three
miles thereof, but not to license any house or place for the
sale of any intoxieating drinks of any kind as a beverage.
§ 20. To prevent the incumbering of the streets, gtree'tr™^^™^
squares, and alleys of said town ; to plant and protect
shade trees ; to require persons to fasten horses and other
animals attached to vehicles, while standing in said
town ; to prohibit and prevent the running at large of
horses, hogs, sheep and other animals, and provide for
destroying and impounding the same, and to provide
for the forfeiture or sale of the same for any penalty
incurred, and to impose penalties upon the owners of any
such animals for the violation of any such ordinance in rela-
tion thereto ; to prevent the running at large of doge, and to
provide for the destruction of the same when running at large
contrary to ordinances ; and to prevent the firing of squibs,
rockets, guns, or other combustibles or firearms within the
limits of said town.
§ 21. To provide for the prevention and extinguish- ^'o^^e f^r
«^,„_c 1^ • T J. ^.^• 1. £i ■ extinguishment
ment ot tires, and to organize and estaDlien fire companies, of flres.
§ 22. To regulate the fixing of chimneys and the fiues
thereof.
§ 23. To regulate the storage of gunpowder, tar, pitch, Gniipowder,ctc.
rosin, spirits, wine, and other combustible materials, and
also ashes.
§ 2 Ir. To regulate and order parapet walls and partition Parapet waii
iQnces.
§ 25. To provide for the inspection and measurement of inspection of
lumber and other building materials, and for the measuring
of all kinds of mechanical work.
§ 26. To provide for the inspection and weighing of fJ^gP^^^'J "^ °i^
hay and stone coal, and the inspection and measurement of
charcoal, firewood and other fuel to be sold and used in
said town.
§ 27. To regulate the inspection of butter, lard and Butter, lard, etc.
other provisions.
§ 28. To provide for taking the enumeration of the in- Census,
habitants of said town.
§ 29. To regulate the election of town oncers, and pro- Election of of-
vide for removing from office any person holding office
created by this act or by ordinance.
§ 30. To fix the compensation of all town officers, and compensation
regulate the fees of the jurors, witnesses and others, for ser- ° ° ^ '
vices rendered under this act or any ordinance.
§ 31. To regulate the police of the town; to impose Regulate pojice.
fines, forfeitures, penalties, for the breach of any ordinance,
660 TOWNS — INCOKPOEATED.
and to provide for the recovery and appropriation of such,
lines and forfeitures and the enforcement of such penalties.
Billiard tables § ^^- To suppress, restrain and prohibit billiard tables,
and bowung ai- ball alleys, faro boards, lotteries, horse races and all other
^^^^' means for gambling within said town and within three
miles thereof.
To pass all or- § 33. The town council shall have power to make all
dinances. ordinances which shall be necessary and proper for carry-
ing into execution the powers specitied in this act, so that
such ordinances be not repugnant to or inconsistent with
tiie constitution of the United States or of this state,
siyie of ordi- § ^^' The Style of the ordinances shall be " Be it er-
nances. dained hy iha Town of ClienoaP
Pubiicatiou of § ^^- ^^ Ordinances, as passed by the town council,
ordinances. shall, within One month after they shall have been passed,
be published, in some newspaper published in the town, or
pi'Sted up in three public places in said town, and shall not
be in force until they shall have been published or posted,
as aforesaid, and a certilicate of tlie clerk of said town or a
certified copy of said certilicate shall be held in all courts
and places sufiicient evidence of such publication.
Evidence and g yg. All Ordinances of the town may be proven by the
^^^^ ° ' seal of the corporation, and when printed or published in
book or pamphlet form and purporting to be printed by
authority of the corporation, the same shall be received in
evidence in all courts and places without further proof.
ARTICLE V.
Presiding officer SECTION 1. The president shall preside at all meetings
of the town council, and shall have the casting vote, and
no other, except in the case of a tie vote ; and in case of
his absence at any meeting, the council shall appoint one of
their number chairman ^rt? tern.
Special meeting § 2. The president or any two members of the council
may call special meetings of the town council.
Enforcemenfof g 3. The president shall be active and vigilant in en-
or inances. forcing the laws and ordinances for the government of the
town. He shall inspect the conduct of all subordinate of-
ficers of the town, and cause negligence and positive viola-
tion of duty to be prosecuted and punished. He shall, from
time to time, communicate to council such information, and
recommend such measures as in his opinion may tend to
the improvement of the finances, public health, security and
ornament of the tOM'^n.
citizenstoaid § ^ He Is 4iereby authorized to call on any male in-
in enforcing the f . , , •> , , . , •'
lawi. habitant ot saitl ti)wn, over the age ol eighteen years, to
aid in enforcing the laws and ordinances thereof or in pre-
serving the })ublic peace ; and an}' person who shall not
obey such call shall forfeit to the town a fine not exceeding
ten dollars.
TOWNS — INOOKPORATED. 661
§ 5. He shall have power, whenever he shall deem it Exwbit^ooks
necessary, to require of any officer of said town an exhibit ^^^ papers,
of his buoks or papers, or a re))02't of his doings as such oihcer
and shall have power to do all other acts that may oe re-
quired of him by ordinance made in pursuance of this act.
ARTICLE VI.
Section 1. Whenever it shall be necessary to take the proceedings in
property of any person or corporation or body politic, for gtr4°g, °^aney^
the purpose of opening, altering, widening, extending, es- and highways,
tablishing, making or improving any public square, street,
avenue, lane or alley, the town shall make a just compensa-
tion to the owner of such property, and shall pay or ten-
der the same before taking such property ; and in case the
amount of such compensation cannot be agreed upon the
police magistrate of the town shall cause the same to be
ascertained by a jury of three disinterested freeholders of
the town, in such manner as the council, by ordinance, shall
direct,
§ 2. When all the owners of property on a street, when ow era
square or alley proposed to be laid out, opened or altered, opening streets!
shall petition therefor, the town council shall provide for
the laying ont, opening or altering the same, but no com-
pensation shall in such case be allowed for such property
so taken.
§ 3. All jurors impanneled to inquire into the amount Damages and
of benefits or damages which shall happen to the owner or ^^^^^'s-
owners of property affected by the locating, opening, chang-
ing, establishing, grading or otherwise improving any pub-
lic square, street or alley, or any other improvement in this
article named, except sidewalks and private drains, shall
first be sworn to that efiect, and shall return to the police
magistrate their inquest or assessment, in writing, signed
by such or a majority of them: Provided^ always^ that in
such assessments the jury shall take into consideration the
benefits as well as the injury happening to the owners of
property taken for or afi'ected by any such improvements.
§ 4. The town council shall have power, from time to Grading, pav-
time, to cause any public square, street or alley or highway a'mif^'^.'^"''^'^"
to be graded or paved, macadamized, planked or otherwise
improved, and keep the same in repair, or to cause any lot
in said town to be tilled up; to cause crosswalks and side-
walks, maindrains and sewers and private drains and sew-
ers and aqueducts to be constructed and laid, relaid, cleans-
ed and repaired, and to regulate the same, and to lay out
public squares, and to grade, improve, protect and ornament
any public square,street or alley now or hereafter laid out.
I 5. The expenses of any improvement mentioned in this Assessments
article, except sidewalks and private drains, may be assessed °^ ^^ ^^^ '
upon the real estate in any natural division afi'ected thereby,
with the cost of the proceedings thereon, in proportion, as
662 TOWNS — mCORPORATED.
nearly as may be, to tlie benefits resulting thereto, in such
manner as the town council may by ordinance direct.
Paving side- § 6. The town couucil shali order, on the petition of the
Twiik?, etc. (,-v\rners of one-fourth part of the front of the lots inclnded
in such order, walks to be built and gutters to be paved, in
front of any such lots, by the owners thereof, in such time
iind manner aufl of such materials as it may direct; and in
case of failure to do the same, the council shall cause the
same to be done, and assess the cost thereof to each lot
against the same.
Assessments § 7. The town couucil may cause sidewalks and gutters
for costs. |.^ I^g constructed, as it may direct, on any street, alley or
any part thereof, and assess the cost thereof to each lot, ac-
cording to the respective fronts: Provided^ that when such
order shall be made without a petition of the owners of one-
fourth part of the front of the lots included therein, the
town shall pay at least twenty-five (25) per cent, of the cost
thereof
Appropriation § 8. When the inhabitants of said town, in special meet-
I'egarvotl^s'! ""^ '^^ assembled upon the call of said council or of two legal
voters of the same, shall, by a majority present, vote in
favor of any public improvement thereon and of appropria-
ting therefbr any sum, not exceeding in any one year one-
fourth of one per centum of all the taxable property of said
town, the council shall be authorized to levy a special tax
therefor, not exceeding the sum so voted, upon all the tax-
able property of said town, and collect, hold and expend
the same in such manner as the council may direct.
consiTuctionof § 9. All owucrs Or occupauts upon whose premises the
private drains, town council shall Order and direct private drains commu-
nicating with any main drain to be constructed, repaired,
lelaid or cleansed, shall make, repair, relay or cleanse such
private drains, at their own costs and charges, in the man-
ner and within the time prescribed by ordinance or other-
wise; and, upon their failure so to do, the council may
cause the same to be done and assess the expenses thereof
upon the lots, respectively, and collect the same as other as-
sessments and taxes. A suit may also be maintained
against the owners or occupant of said premises for the re-
covery of such expenses, as for money paid to his use, at his
re(iuesl.
Levy of tax. *^ iQ. All real estate within the limits of said town and
all personal property within the limits of said town, without
regard to whether the owner is a resident of said town, shall
be subject to taxation, and taxes may be levied and collect-
ed upon the same, for the use and benefit of said town, in
such time and manner as the council shall by ordinance
provide.
Assessment. § 11. The town council may, by ordinance, direct that
the assessment of the county or township assessors of the
property in said town shall be deemed and taken as the as-
sessment of said town, and that the clerk of the eoiDoration
TOWNS — INCORPORATED.
663
shall certify to the clerk of the county court all persons and
property taxable therein, with the taxes and apsessmeiits
levied thereon; in which case they shall, by the county
clerk, be entered upon the tax books of the county, and be
collected with the county and state taxes; and the same fee
shall be paid by the said town for actual service herein as
may be provided by the revenue laws of the state for sinji-
lar services.
ARTICLE VII.
Mnnner of re-
Section 1. The town council may have power, for the ?ormiu|''~'\old
purpose of keeping; in repair the streets and alleys and pub- i^'^o'
lie squares of said town, to require every male inhabitant
of said town able to perform manual or day labor, between
the ages of twenty-one and fifty years, to labor on said
streets, alleys and public squares, not exceeding three days
in each year ; and any person failing or refusing to perform
such labor, when duly notified, shall forfeit and pay the
sum of one dollar and a half to said town for each day so
neglected or refused . ^ ?? T?l ^'T
mi /» -1 /» /-~n 1 roau labor oiit-
§ 2. The inhabitants of the town of Chenoa are hereby side lown limits
exempted from working on any road beyond the limits of
said town and from paying any tax for the same. Punishment of
§ 3. The town council shall have power to provide fcr
the punishment of offenders against the ordinances of said
town, by imprisonment in the county jail or calaboose of
said town, not exceeding thirty days for any one offense,
and in all cases when such offender shall refuse to pay the
fines, forfeitures and costs which may be recorded or ad-
judged against him or her; and it shall be competent for
the magistrate or other court before whom the same shall
be tried to direct that such ofiender shall be committed to
the county jail or the calaboose of said town until such fines
or forfeitures and costs shall be paid or otherwise be dis-
charged by due process of law. poHce'^* ma^lf-
§ 4. It shall be the duty of the police magistate or other ''ate.
justice of the peace before whom any person is tried or sc-
ciised of a violation of any town ordinance, to carefully
write down all the testimony given by the witnesses, for
and against any one charged with a violation of any of the
provisions of this act or any town ordinance made in pur-
suance thereof, and in all cases of appeals to transmit to ^
the clerk of the circuit court a certified copy of the same,
which shall be read as evidence on the trial and taken as
proof against and for any one charged with a violation of
any of the provisions of this act or of any ordinance made
in pursuance hereof, in all courts of record in this state, the
same as if the witnesses had appeared and testified. Annnai etate-
§ 5. The town shall cause to be published, annually, a ceipts ai.d ex-
full and ample statement of all moneys received and ex- P^'^'^'-^'^es.
pendedduring the preceding year and on what account re-
ceived and expended.
604 TOWNS — INCOKPORATED.
Ordinances to § G. All Ordinances and resolutions passed by the pres-
fo™e.™ ^^ ^^^ ent president and trustees of the town of Chenoa shall re-
main in full force until the same shall have been repealed
by the town council hereby created; and the said president
and trustees shall continue in office and exercise all the
powers with which they are now vested until the town
council hereby created shall have been elected and quali-
fied.
Suits instituted. § 7. 'All suits, actions and processes instituted, coni-
menced or brought by the corporation hereby created,
shall be instituted, commenced and prosecuted in the name
of the town of Chenoa.
All actions and § g. All actious, fiucs, penalties and forfeitures which
suits VGStGCl 1T1 ^ ' ' J.
corporation. have accrued to the president and trustees of the town of
Chenoa, shall be vested in and prosecuted by the corporation
hereby created.
Vested property g 9. AH property, real and personal, heretofore belong-
ing to the president and trustees of the town of Chenoa, for
the use of the inhabitants, shall be and the same is hereby
declared to be vested in the corporation hereby created.
Not to affect g IQ. This charter shall not invalidate any action done
or to be done by the president and trustees of the town of
Chenoa, nor divest them of any rights which have accrued
to them prior to the passage of this act.
Appeals allowed § 11. Appeals shall be allowed, in all cases arising un-
der the provisions of this act or any ordinance passed in
pursuance of this act, to the county or circuit court of Mc-
Lean county; and every such appeal shall be taken from
and granted in the same manner and with like effect as
appeals are taken from and granted by justices of the peace
to the circuit court in similar cases under the laws of this
state: Provided, the said corporation shall be allowed to
appeal in any case in which it is a party, by causing the
president or clerk to execute a bond, in the name of the
corporation, in the form now prescribed by law in other
cases, without other security; and an order, entered upon
the records of said corporation, directing said appeal or ap-
proving the same, shall be sufficient evidence of authority
to sign said bond.
Promulgate act § 1'2. The president and trustees of the town of Chcuoa
shall, immediately after the passage of this act, take mea-
sures to promulgate the same within the limits of said town.
Proof of act. § 13, This act is hereby declared a public act, and may
be read in evidence in all courts of law and equity in this
state, without further proof.
townmSar^ § !*• ^^^ tt)wn marshal or constable, or any other of-
ficer authorized to execute writs or any other process issued
by tiie pulice magistrate of said town, shall have power to ex-
ecute the same any where within the limits of the county of
McLean, and shall have the same power to execute any process
issued by any justice of the peace of said county of McLean,
TOWN'S — INCORPORATED. ' 665
and be entitled to the same fees for traveling and other ser-
vice as are allowed to constables in similar cases.
§ 15. The town council may, at anytime hereafter, pro- Provide lor fn-
vide by ordinance for futnre'elections. by the inhabitants of '"''^ ^^®'^^'°"^-
said town, of such town officers as they may deem it desira-
ble to have elected.
§ 16. All fines and penalties, recoverable by indictmenc Fines paid to
or action, for any offense committed within the limits of *'^'^**"®''
said town and which are now required by law to be paid
into the county treasury or the school commissioner of the
said county of McLean, shall hereafter be paid into the
town treasury for the use of said town.
§ 17, Deeds of land sold for taxes heretofore made or Conveyance of
hereafter to be made, under the ordinances of the town of
Chenoa, may be executed by the president of the corpora-
tion hereby create'.!, and shall be acknowledged as other
conveyances, and, when executed and acknowledged as
aforesaid, it shall be deemed and taken, in all courts and
places, to ho, frima facie evidence of the existence and reg-
ularity of all such prior proceedings as might otherwise, in
order to establish the title to the purchase; and such deed
shall be evidence, as aforesaid, without any further proof of
any proceedings prior to the issuing thereof.
§ 18. The town council is hereby expressly and forever saieof Uquors.
prohibited from granting license to any person or persons
in said town of Chenoa to sell, traffic, exchange, barter or
give away any strono; beer, ale, lager beer, wine, rum, gin,
brandy, whisky or intoxicating liquors, drinks or beverages
of any kind whatever, including Hostetter stomach bitters.
Plantation bitters, Roback's bitters. Red Jacket bitters, or
any other bitters, of whatever name or kind, containing in-
toxicating liquors ; and no person shall be permitted to
bring to the town or to keep about his or her premises or
their premises, saloon, cellar, dwelling house, outhouse or
any other place in said town, or within three miles thereof,
any of the above named drinks, liquors or intoxicating bev-
erages, for the purpose of trafficking therein in any way
whatever : Provided, the town council may grant license to
the druggists in said town, if deemed by the town council
to be discreet persons, to sell whines or other spirituous
liquors for mechanical, medicinal or sacramental purposes
oidy. And the said council shall have power, at any regu-
lar meeting, to revoke said license. Any person or persons
violating any of the provisions of this charter shall forfeit
and pay into the treasury of the corporation, for the use of
the inhabitmts of said town, not less than twenty-live dol-
lars nor more than one hundred dollars for each and every
offense, to be recovered by an action of debt before any po-
lice magistrate or other justice of the peace in said town ;
and in case any offender or offenders shall refuse or fail to
pay such fine or fines and costs that may be adiudged or
Yol.III— S4
666
TOWNS— -INCORPORATED.
President and
trustees.
Term of office.
assessed aorainet liira, hei* or them by said police magistrate
or other justice of the peace, said offender or ofienders shall
forthwith be committed to the county jail or to the calaboose
of said town, for a term of not less thau thirty days, unless
said fine or lines and costs be sooner paid.
^ 19. The president and trustees created by this act, as
the town council of Chenoa, shall hold their offices for one
year and until their successors are elected and qualified ;
and the police magistrate elected by virtue of this act shall
hold his office for the term of four years and until his suc-
cessor is elected and qualified.
§ 20. This act shall be in force from and after its pas-
sage.
Apfkoyed April 15, 1869.
In force March
25, 1869.
AN ACT to revise the charter of the town of Cicero, Cook county.
Section 1. Jje it enacted hy the Peojple of the State of
Illinois, represented in the General Assembly, That the in-
habitants and residents of the town of Cicero, in the county
of Cook, and state of Illinois, be and they are hereby con-
stituted a body politic and corporate by the name and style
Name and Btyie , of "The Town of Ciccro ;" and, by that name, shall have
perpetual succession, and may have and use a common seal
which they may change and alter at pleasure ; may sue and
be sued, plead and be impleaded, in all courts of law and
equity in all actions whatsoever ; and purchase, receive and
hold property, real and personal, within and beyond the
limits of said town, for public grounds or town purposes,
for the use of the inhabitants of said town, and may sell,
lease or dispose of town property, real and personal, for
the benefit of said town, and improve and protect such
property, and do all things in relation thereto as natural
persons.
§ 2. The boundaries of said town shall include in their
limits all that district of country now known as the town
of Cicero, in the county of Cook, and state of Illinois.
§ 3. The officers of said town shall consist of a supervi-
sor, assessor, collector, town clerk, two justices of the peace,
and two constables, who shall be elected at the time and in
the manner and hold their office for the period and perform
the duties provided by law for such officers, respectively,
in other towns in Cook county, except as otherwise provided
by thi^ act. There shall also be four trustees of said town
and a police magistrate. At the next election of officers un-
der the township organization laws, for town officers in said
county of Cook, there shall be elected, in the same manner
Boaiitlaries of
the town.
Election of offi-
cers.
TOWNS — INCORPOEATED. GG7
as other town officers, four trustees for said town of Cicero,
one for tlie term of one year, one for the term of two years,
one for the term of three years, and one for the term of four
years, and at the same time and in the same manner, and every
four years thereafter, a police magistrate for said town, who
shall hold his office for the term of four years. At eacli Election oi
election in said county for town officers, subsequent to said '"•^'''''s-
next election, there shall be elected, in the same manner as
other town officers, one trustee of said town, who shall hold
his office for the term of four years. The government and
corporate powers of said town shall be vested in and exer-
cised by a board of seven trustees, to consist of the super-
visor, assessor, collector and the four trustees, to be elected
as hereinafter provided. The election of town officers and
trustees may be contested as in other cases of the contest
of the election of town officers under the township organi-
zation laws. When the office of any town officer or trus-
tee shall become vacant the same shall be filled for the un-
expired term by appointment by the said board of trustees.
§ 4. The said board shall elect from their own number a Eiectiou of
president, who shall preside at the meetings of the board and P'^esideut,
preserve order, but the board may, in his absence, elect a
chairman, fro tern.. The town clerk shall be the clerk of
said board, and it shall be his duty to keep correct minutes
of all their proceedings ; he shall also record, in a book to
be kept for that purpose, all the ordinances, orders or
regulations passed by said board, and also, he shall record,
in a separate book, to be kept for that purpose, all orders
relating to special assessments ; which said records shall be
open to the inspection of any inhabitant of said town. The ■
said board are hereby authorized to adopt a common seal,
which shall be the seal of the town, and a certified copy of
any order, ordinance or Droceeding of said board, under the
hand of the clerk and the seal of the town, shall be evidence
in all courts and places of the truth of the matter therein
stated.
§ 5. The supervisor of said town shall be, ex officio, the supeivisor ts
treasurer of said town, and he shall receive and hold all mo- ^^easuJer. ° "°
neys belonging to the town, arising from general or special
tax, special assessments, fines, penalties, or otherwise ; and
he shall, upon enterinsr upon the duties of his office, execute
a bond to the town of Cicero, in such sum and in such
sureties as shall be determined by the board, conditioned
that he will faithfully account for all moneys that may come
into his hands, and will pay the same over pursuant to tae
provisions of law, or the orders or resolutions of the board,
and that he will faithfully perform the duties of his office.
It shall be his duty to keep a correct account of all moneys
received and paid out by him, and when required, to furnish,
from time to time, to the board, a statement of the moneys
in his hands ; and he shall receive such compensation as ench
668 TOWNS — INCOKPOEATED.
treasurer as shall be allowed him by said board, not ex-
ceeding two per cent, ui^on all moneys received by him.
Treasurer to § ^- The collcctor shall, upon entering upon the duties of
give boud. }^ig office, cxccute a bond to the town of Cicero, in such sum
and with such sureties as the board shall determine, con-
ditioned that he will well and truly pay over and account
for all moneys that may come into his hands as collector to
the party or parties entitled thereto, and that he will faith-
fully discharge the duties of his said office. Any person,
corporation, county or other body or officer, who shall be
entitled to receive any such moneys, may have and maintain
an action in the name of the town of Cicero, to the use of
such persons, corporations, county or other body or officer
against the said collector and his sureties on said bond,
to recover the amount so due. After the first of June, A.
D. 1869, the collector of said town shall receive two per
cent, commission on all town taxes and special assessments
collected by him. No collector of said town shall be re-
quired to return any warrant in his hands for the collection
of any tax or assessment before the first day of June of
each year.
Quorum. § 7. A majority of said boaud shall constitute a quorum for
business ; and the said board are authorized to make rules
and regulations for the government and order of business,
and may appoint such standing or special committees as
they shall deem proper. They may hold meetings from
time to time, as they shall determine by their rules, and
may adjourn the sanre ; and may hold special meetings
when the president or any two members shall file with the
clerk a written request for a special meeting ; and the clerk
shall thereupon give each member of the board at least
three days notice, in writing, in such manner as the board
by its rules shall determine, Each member of said board
shall, before entering upon the duties of his office, take an
oath, in manner and form as in case of town otiicers, under
the said township organization law.
Appropriation 8. The board of trustees may, from time to time, appro-
meats. "^'""^*'' priate so much money as they may deem necessary, for the
purpose of making the improvements which they are au-
thorized by this act to make and not herein otherwise
spe(;ially provided for, and, also, so much monc}' as they
shall deem necessary for the purpose of paying the salaries
and fees of the otiicers of said town and for the carrying
out their orders, by-laws, resolutions or ordinances, and the
provisions of this act. And all amounts of moneys appro-
priated shall be deemed a tax on the ta.xable property of
said town. It shall be the duty of the town clerk to file
with the clerk of the county court of said Cook county a
certified statement of the sums of money so appropriated
by said board, as aforesaid ; and said clerk of said county
shall include the total amount of the sums of money so
TOWNS — INCOllPOKATiSD. 669
certified to him, under the head of " town tax," in the noxt
general warrant issued by him for the collection of state and
county taxes in said town of Cicero, and the same proceed-
ings, in all respects, i'oi the collection of the same as is now
provided by law for the collection of state and county
tax ; and in no other manner nor by any other vote or au-
thority shall money be appropriated or collected, except in
case of special assessment, as hereinafter provided.
§ 9. No money shall be paid out by the treasurer of said „^Y/on war?aS
town unless the same shall have been ordered by the board,
and. then only upon a warrant drawn on him by the clerk,
countersigned by the president, specifying what particular
fund the same shall be paid out of; and it shall be the duty of
the clerk to keep an account of all such warrants drawn by
him. The said board shall, at the annual election, present
to the voters a printed report, showing the amount of
moneys ordered, and collected, and from what sources de-
rived, and the manner in which the same have been dis-
bursed. No member of said board shall be interested in
any contract made with said board or with said town, for
the purpose of making any of the improvements contem-
plated by this act ; nor shall the collector be entitled to a
vote in said board on any question regarding his official
bond or accounts.
§ 10. Upon the passage of all orders, ordinances or resolu- Teas ana nays.
tions appropriating or ordering the payment of money, impos-
ing taxes, or appropriating money as aforesaid, or for special
assessments, the yeas and nays shall be called and entered
on the record; and the yeas and nays shall in like manner
be recorded, whenever called for by any member on any
question before said board. The members of said board
shall be entitled to receive the sum of three dollQ,rs for each
day's attendance at the meetings of the board, to be certi-
fied to by the clerk ; but it is hereby provided, that no mem-
ber of said board shall be entitled to receive pay for more
than one day's attendance in any one week.
§ 11. The said board shall have, subject to the provision of control- of fi-
this act, the general management and control of the finances ^'^^'^^^' ^^''•
and all the property, reat, personal and mixed, belonging
to the town, and shall likewise have power, within the ter-
ritory aforesaid, by ordinance, regulation or by-law —
J^irsi — To restrain and prohibit all descriptions of gaming Gambling and
and fraudulent devices, and all playing of dice, cards and oti^er devices.
other games of chance, with or without betting.
iSecoJid — To regulate and license the selling or giving License sale
away of any ardent spirits by any shopkeeper, grocer, '^^ 'iq^^c,'*-
trader or other person, to be drunk in any shop, store, out
house, yard or other place in said town.
Third — To license, regulate and restrain tavern-keepers. Tavern keep-
grocers and keepers of ordinaries or victualino; or other n^e?."'^'
houses, gardens or other places, for selling or giving away
wines or other liquors, whether ardent, vinous or fermented.
C70 TOWNS — INCORPOKATfiO.
Biiii.wis, bow- Fourth — To licGiise and regulate billiard tables, pin
img-, etc. alleys, pigeon hole tables, nine- or ten-pin alleys, ball alleya
and shooting galleiies.
ptr'^offlcers^To Fifth — To authorize the president of the board to grant
L'rant licenses. Hcenses and direct the manner of issuing the same, and the
registry thereof, and the fees to be paid therefor : Provi-
ded^ that no license be granted for more than one year,
Bond may be taken, payable to the town, on the granting
of license, for the due observance of the ordinances and
regulations of the board: Provided, that not more than one
hundred dollars per year shall be charged for any license
grunted under this act by said board.
Kiots, affrays Sixth — To prevent any riot or noise, disturbance or dis-
andtum.its. ^^.^^^^j^ assemblage.
sappress dis- Seventh — To suppress and restrain disorderly houses and
orderly house,?, groceries, and houses of ill-fame, and to authorize the de-
struction and demolition of all instruments and devices
used for the purpose of gaming.
Offensive matter Eighth — To Compel the owner or occupant of any gro-
cery or cellar, tallow chandler shop, soap factory, tannery
or any unwholesome, nauseous house or place, to cleanse or
remove or abate the same, from time to time, as often as
may be by said board deemed necessary for the health,
convenience and comfort of the inhabitants of said town.
Running at Ninth — To restrain, regulate or prohibit the running at
auffp^etc.^''^*^^' large of cattle, horses or other animals, or the driving of
the same upon the public highways, streets or alleys, and
to authorize the distraining, impounding and sale of the
same, for the penalty incurred and the costs of proceedings,
and also to impose penalties on the owners or drivers of
any such animals for a violation of any ordinances relative
thereto.
Dog.s at large. Tenth — To prevent and regulate the running at large of
dogs ; to tax and authorize the destruction of the same
when at large contrary to ordinance.
Contagious iiis- Eleventh — To make regulations to prevent the introduc-
'^^^^'^' tion or spread of contagious diseases in the town.
To have ex- Twelfth — To coutrol and regulate tlie highways, streets,
over^streets!^^^'^ alleys and other public places, and to abate any obstruction,
encroachments or nuisances thereon.
Public poniRi. Thirteenth — To establish and regulate public pounds,
appoint pound masters, and prescribe their duties and fees.
Shade trees. Fourteenth — To direct and regulate the planting and
preserving ornamental trees in the streets and public
grounds in said towii.
Abate nuisances Tifteeuth — To deliver and abate all nuisances which are
or may be injurious to the public health in any manner
they may deem expedient.
Combustibles. Sixteenth — To direct the location and management of and
to regulate, restrain, prohibit or license magazines or store-
houses for the storage of gunpowder or other combustible
TOWNS — INCORPORATED. 671
materiel, breweries, tanneries, packinjsj houses, distilleries,
slaughter houses, butcher shops, stock yards, or the estab-
lishmenis for the steaming or renderhig of lard, tallow,
oflfal, manure, or such otlier substances as can or may be
rendered, boiled and steamed, and all establishments and
places where any nauseous, oft'ensive or unwholesome busi-
ness riiay be carried on ; and to regulate and prescribe the
mode and manner of the conveyance or transportation of
gunpowder or [other combustible material on or over the
highways, streets, alleys, water courses and railways and pub-
lic or private places of said town ; to restrain and prohibit
the deposit of any night soil, dead animals, manure or other
filthy or offensive or nauseous substances upon any lot,
street, alley, highM^ay or other place in said town.
Seventeenth — To restrain, prohibit and punish, for the Defaciua: trees.
cutting, destroying, marring or defacing of any shade tree
or ornamental shrub or other tree, upon anj' street, high-
way or other public place, and to restrain and prohibit the
defacing of any depot or other building, and to prevent
the writing of bawdy or indecent words, or the making of
obscene pictures on such depots or other buildings.
Eighteenth — To regulate, restrain and prohibit shooting Kie-arm?.
or discharge of fire-arms in said town.
Nineteenth — To punish all persons who shall resist any Resisting an
officer of said town or policeman or other ofhcer or agent
appointed by said board in the discharge of his official duties.
Tv)entieth — To prevent public dog fights, bull fights, ^^'^'^s^*^' ®'^c.
prizefights or anypubhc or private fighting, and to restrain
loud or unbecoming, profane or indecent language, or dis-
orderly conduct in said town.
T'Lceniy-first — To require railroad companies to construct Railroad tracks
1 , "^ .'^ . •11 . 1 . . and crossings.
and keep m repair suitable crossings at the intersection of
highways, streets and alleys, when the board of trustees
shall deem it necessary, and to require them to keep open
and in repair ditches, drains, sewers and culverts on the
sides of and under their railroad tracks, so that filthy or
stagnated pools of water cannot stand on their ground's or
right of way, and to compel railroad companies to keep
their standing cars and carts not in actual use off the public
highways, streets, alleys and places.
Twentij-second — To prohibit any indecent exhibition of ^°'^*"^*^°"®^-
horses and other animals.
Twenty-third — To restrain and punish vagrants, meiidi- ^'''a'"'™t^ ^ic.
cants, street beggars and prostitutes.
Twenty-foxLTth—Ho make, publish, ordain, amend and re- „Jf„Tri« ^^''
peal all such ordinances, orders, by-laws, police and health
regulations, for the good government of the town and the
public health, as may be deemed by said board necessary
and expedient to carrying into efiect the powers vested in
said board, or any officer of said town, or officer or agent
of said board, and to enforce observance of the same, bv fine
<i7^ TOWNS — INCOEPORATED.
or imprisonment, in the discretion of the magistrate or
court before which conviction may be had : Provided^ such
fine shall not exceed one hundred dollars, nor such impris-
onment thirty days.
Police. Twenty fij- til — To appoint watchmen and policemen, and
prescribe their duties and powers.
Jarisdiction of ^ j c^ 'pj^g police magistrate and any iustice of the peace
police magis- . '^ . , ^ i n i ^^ • • t i.- "L- n>
tiates. m said^ town sliall have jurisdiction ot any onense com-
mitted under this act or the rules, by-laws or ordinances
of said board, and change of venue and appeals ma}' be
taken, as in other cases. All fines and penalties, when
, collected, shall be paid to the treasurer of said town.
Duties of po- § 13. It shall be the duty of any justice of the peace or
lice magistrate, police magistrate in said town, and he is hereby authorized
and empowered, on view or upon complaint being made to
him upon oath, of the violation of any ordinance, by-laws
or police regulations of eaid town, to issue his warrant, iii
the corporate name of the town, directed to any constable,
policeman or authorized person, to apprehend the offender
or offenders, and bring him or them before him forthwith ;
and after hearing the evidence, if it shall appear that the
accused has been guilty of any violation of any such ordi-
nance, by-laws or regulations, to impose such fine or impris-
onment as may be provided in such ordinance, by-laws or
regulations. Any tine or penalty may be remitted, or any
person imprisoned may be discharged by a vote of the
board of trustees,
impiisonment, ^ 11. The board of trustees are hereby authorized to
placed. provide some safe place for the imprisonment of such per-
sons as shall have been convicted and sentenced to impris-
on iiient, and to appoint a keeper thereof. All such person
ur persons so convicted shall be confined therein for the
period fixed by such sentence, unless sooner discharged ;
and every person or persons who shall have been fined in
any sum, and who shall neglect or refuse to pay the same,
shall stand committed and be imprisoned as aforesaid, until
such fine is paid : Provided^ that for each and every day
such person or persons shall be so imprisoned the sum of
two dollars shall be remitted from the fine. Any person
escaping from such imprisonment may be arrested by any
policeman, constable or other oflicer, without process, and
returned to prison, and the time during which such pris-
oner was absent shall not be taken as a part of the time for
which he was sentenced.
improvLmeutof § ID. The said board of trustees shall have power, from
streets aud ai- j.j,^^ j.^ \\^^q-^ Pit'st — To opcn and lay out any new street,
alley or highway, and to cause any street, alley or highway
to be altered, widened, extended, laid out, vacated, bridged,
graded, macadamized, ])aved, planked, clayed, graveled, or
or otherwise improved, and to keep the sam.e in repair.
/Second — To cause sidewalks, crosswalks, main drains and
TOWNS — INOORPOEATED. 673
sewers, private drains and aqueducts, to be constructed and
laid, and re-laid, cleansed and repaired, and to connect
them or any of them with any drain or sewer running
through any other town, on paying a reasonable compensa-
tion therefor, and to regulate the same.
§ 16. The board of trustees shall, also, have power, in Assessment up-
pursuance of the provisions of this act, to levy and collect benemed/^ °'
special assessments upon any land in said town, for any of
the improvements contemplated by this act, or the same
may be paid for out of the general town money, or a por-
tion of the expense paid out of the general town money,
and a portion paid by special assessments, as may be de-
termined upon by the board of trustees.
^ 17. Whenever the board of trustees of said town shall „^9°™'^ifi°°-
order any improvement, any part oi the cost ot which is to
be paid by special assessment, they shall determine what
part or portion of the cost and expense of the improvement
shall be paid by special assessment, and what part or pro-
portion (if any) of such cost and expense shall be paid out
of the public fund or treasury of said town. The board of
trustees shall, by ballot, elect two of their number, who,
with the town assessor, shall constitute the commissioners
to make such assessment. The commissioners, before
entering upon the duties of their office, shall make oaths be-
fore the town clerk or some officer authorized to administer
oaths, that they will faithfully and impartially make such
assessment according to the best of their ability.
§ IS. The commissioners, in all cases of special assess- jjj^^^'^j^^ ™^g~
raents, shall give six days' notice, b}'^ posting up notices in ments.
three of the most public places in said town of Cicero, of
the time and place of making such assessment, to all per-
sons interested ; and they may, if necessary, adjourn from
day to day. The commissioners shall, in cases where no
land is to be condemned or appropriated, assess the amount
directed by said board of trustees so to be assessed upon
the real estate by them deemed benefited by any such im-
provement, in proportion to the special benefit resulting
thereto, as nearly as may be ; and briefly describe in the
assessment roll to be made by them the real estate upon
which the assesment is made.
§ 19. Whenever any order is passed by the board of commieeioners.^
trustees for the making of any public improvement which
shall require the condemnation or appropriation of any
land or real estate, the commissioners shall proceed to as-
certain and assess the damages and recompense due the
owners of such lands, respectively, and, at the same time,
to determine what real estate will be beneiited by such im-
provement, and assess the damages, together with costs of
the proceedings on the real estate by them deemed ben-
efited, in proportion, as nearly as may be, to the special
benefit resulting to each separate lot or parcel ; and the as;
Vol. Ill— 85
674 TOWNS — INCORPORATED.
sessment shall cover only the damage for the real estate
appropriated and the cost of the proceedings.
Estimate value § 20. The commissioners, in making the assessment,
shall determine or appraise to the owner or owners the
value of the real estate appropriated for the improvement
and the injuries arising to them, respectively, from the
condemnation thereof, which shall be awarded to such
owners respectively, as damages, after making due allow-
ance therefrom for any benefit which such owners may re-
spectively derive from such improvement.
Condemnation § 21. If the damage to any person be greater than the
< f land. benefit received, or if the benefit be greater than the dam-
age, in either case the commissioners shall strike a balance
and carry the difference forward to another column, to be
designated as net benefits or net damages, as the case may
be, so that the assessment may show what amount is to be
received or paid by such owners, respectively, and the dif-
ference only shall in any case be collected of them or paid
to them.
Appraise value § ^2. In the assessmcntof damages and benefits, it shall
ofiaudsdonated be lawful for the commissiouers, in their discretion, in
making such assessment, where part of the land to be ap-
propriated has been theretofore donated for such improve-
ment by any person or persons, to appraise the value of the
laud so donated, and to apply the value thereof, so lar as
the amount so appraised shall go, as an offset to the benefits
assessed against the piece or parcel of land from which
. such donation was made; but nothing herein contained
shall authorize the owneror owners of any such piece or par-
cel of land from which such donation was made to claimfrom
the town the amount of such appraisal, except as an offset,
as herein provided ; and where the assessment is one for
the widening of any street or alley, vv'hich may have been
theretofore, either in whole or in part, donated to the public
by the proprietors of the adjoining land, it shall be lawful
lor said commissioners, in their discretion, to take such
facts into consideration in their assessment of benefits.
Action of (he § 23. Having ascertained the damages and expenses of
such improvement, as aforesaid, the commissioners shall
thereupon apportion and assess the part or proportion of the
cost and expense of said improvement, directed by the said
board to be assessed, upon the real estate by them deemed
benefited, in proportion to the benefits resulting thereto
from the improvement, as nearly as may be, and shall briefly
describe the real estate upon which their assessments may
be made.
When building ^ 24. If there shall be any building standing in whole
onlottaken. • . i.i i i . t ^ i ^i • •
or in part upon the land to be taken, the commissioners
shall add to their estimate of damages for the land, the
damage, also, for the building or part of building necessary
to be taken, if it be the property of the owner of the land j
when owned by any other person, the damages for the
TOWNS — INOORPOKATED. 676
building shall be assessed separately. The value of such
building to the owner to remove, or of the part thereof
necessary to be taken, shall also be determined by the com-
missioners ; and notice of such determination shall be given
by them to the owner, when known, if a resident of the
town, or lelt at his usual place of business or abode. If the
owner is not known or is a non resident, notice to all per-
sons interested shall be given by the commissioners by
posting up notices in three public places in the town, for
six days. Such owner may at any time within ten days commissioners
after service, or after the lirst day such notice shall be post- to take baiidiLg
ed, notify the said commissioners, in writing, of his election
to take such building or part of building at their appraisal.
In such case the amount of such appraisal shall be deducted
by the commissioners from the estimated damages for the
land and building, where they belong to the same owner,
and from the estimated damage to the building where they
belong to diflferent owners ; and the owner shall have such
time for the removal of the building, after the confirmation
of the assessment, as the board of trustees may allow. If
the owner shall refuse to take the building at the appraisal
and fail to give notice of his election, as aforesaid, within
the time prescribed, then no deduction shall be made from
the estimated damages aforesaid and the board of trustees
shall, after the confirmation of the assessment and after the
money is collected or otherwise provided and in the hands
of the treasurer, to be paid over to the owner for his dam-
ages, proceed to sell such building or part of building at
public auction, for cash, giving at least ten days' notice of
such sale, by posting notices in three of the public places in said
town, and cause such building to be forthwith removed.
The proceeds of such sale shall be paid into the town treas-
ury, to the credit of the special assessment fund, for the said
improvement.
§ 25. When any assessment requiring the condemna- when damages
tion or appropriation of land shall have been confirmed, the *'"^'^^^*''
town clerk shall preserve a copy thereof in his oflice, which
copy shall be evidence of the amount due the several own-
ers of land or real estate to whom damages have been
awarded.
§ 26. Any person whose property has been appropri- f,^,^^^^^ ™*^
ated and who has filed objections to said assessment, as
hereinafter provided, shall have the right, at any time with-
in ten days after the confirmation of the same, and not after
that time, having first given notice in writing of his or her
intention so to do to the town clerk, specifying in such
notice the court to which the appeal is to be taken, to pray
an appeal to any court of general jurisdiction in Cook
county from the order of the board confirming such assess-
ment, upon filing a bond, approved by any judge of the
court to which the appeal is taken, conditioned to save the
town harmless from all damages by the taking of such ap-
676 TOWNS — INCOBPOEATED.
peal. In case of appeal, a copy of the assessment roll, as
confirmed by the board, and of the objections to the final
order confirmino; the same, shall be filed in the office of the
clerk of the court to which such appeal be taken ; and the
cause shall be docketed by such clerk in the name of the
person taking such appeal against the town of Cicero, as an
appeal from assessment. The said cause shall be then at
issue, and shall have the preference in order of trial over
all civil cases pending in said court. Such appeal shall be
tried by the court ; and on such trial the only questions to
be passed upon shall be whether the board had jurisdiction
in the case, and whether the valuation and assessment, so
far as it afiects said property, is a fair and impartial assess-
ment. The judgment of the court shall be either to con-
firm or annul the assessment, from which judgment no ap-
peal or writ of error shall lie.
epecSi'^lissess- § ^'^ ' ^^^^ ^^J spccial assossment requiring the con-
mei.t. demnation of property shall have been confirmed by the
board, and no appeal taken therefrom, or, if an appeal shall
have been taken, when judgment to confirm the assessment
shall have been rendered thereon, the same shall be a law-
ful and sufiicient condemnation of the land or property
ordered to be appropriated. The board of trustees shall
thereupon cause to be paid to the owner of such property
or to his agent the amount of damages over and above all
benefits which may have been awarded therefor, as soon
as a sufficient amount of the assessment shall have been
collected for that purpose ; but the claimant shall in all
cases furnish an abstract of title, showing himself entitled
to the damages, before the same shall be paid. If in any
case there shall be any doubt as to who is entitled to the
damages for the land taken, the board may require of the
claimant a bond, with good and sufficient sureties, to hold
the town harmless from the re payment of such damages
and all costs and expenses, in ease any other person should
claim said damages. In all cases the title to the land taken
and condemned, in manner aforesaid, shall be vested abso-
lutely in the town, in fee simple.
m^^rake*°Se § ^^* ^^ ^^*-*" ^^ ^^^ moucy is Collected and ready in
property. the hand of the treasurer to be paid over to the parties en-
titled to damages for property condemned, the town may
then, and not before, enter upon, take possesion of and ap-
propriate the property condemned.
Duties of the § 29. Whenever any spccial assessment shall come be-
fore the board for confirmation, pursuant to the notice re-
quired by law to be given by the town clerk, and the same
shall not for any reason be acted upon at the time specified,
no new notice shall bo required by the clerk, but such as-
sessment shall stand over as unfinished business, to be dis-
posed of at such time as the board shall determine.
When town § 30. If, from anv cause, the town shall fail to collect the
falls to collect i i ' i' " l- • i i. i • i
flseessmente. Whole or any portion ot any special assessment which may
TOrmS — INOOEPOKATED. 677
be levied and wliicli shall not have been canceled or set
aside by competent authority, the board of trustees may,
at any time within three years after the confirmation of the
original assessment, direct a new assessment to be made
upon the delinquent property for the amount of such de-
ficiency ; which assessment shall be made, as near as may
be, in the manner prescribed for the assessment ; and it is Ae8essmeutn9t
hereby provided, that no such new assessment shall be in- not to be invalid
valid by reason of any illegality, matter or thing connected
with the original assessment. In all cases where partial
payment shall have been made on such former assessment,
they shall be credited or allowed on the new assessments to
the property for which they were made, so that the assess-
ment shall be equal and impartial in its results. If such
new assessment shall prove ineffectual, either in whole or
in part, the board, at any time within the said period of
three years, may order a third, and so on, to be levied in
the same manner and for the same purpose; and it shall Expenses paid
constitute no legal objection to such re-aseessments that the gJssments?' ^^'
property may have changed hands or been incumbered, it
being the true intent and meaning of this section to make
the cost and expense of all public improvements, to be paid
for by special assessments, a charge and lien upon the prop-
erty assessed therefor for the fall period of three years from
the confirmation of the original assessment, and for such
longer period as may be required to collect, in due course
of law, any new assessment ordered by the board of trus-
tees within that period.
§ 31. When the commissioners shall have completed Eeportofthe
any assessment, they shall deliver the sam.e to the town
clerk of said town of Cicero, within forty days after the
ordering of such improvement by the board, signed by the
commissioners. The town clerk shall thereupon file tine
the same in his office, and cause notices to be posted up in
three of the most public places in said town of Cicero, for
the space of six days, to all persons interested, of the com-
pletion of the assessment and the filing of the roll. Time
and place shall be designated therein forbearing objections.
Objections shall be heard before the board ; but all parties
objecting shall, in all cases, file their objections, in writing,
in the office of the town clerk, at least one day prior to the
meeting of the board designated in the clerk's notice. The
board of trustees may adjourn such hearing from day to day,
and shall have power, in their discretion, to confirm or cor-
rect the assessment or to order a new one. All assessments,
when confirmed, shall be final and conclusive on all parties
interested, nnless an appeal be taken, as hereinbefore pro-
vided, and they shall be collected as hereinafter provided.
§ 32. If the first assessment prove insufficient, another Piu-ther a?ses9
may be made in the same manner, or if too large a sum ™eii'™a^e.
shall at any time be raised, the excess shall be refunded,
ratably, to those by whom it was paid.
comiDiseioners.
678 TOWNS — ^INCOEPOBATEtJi
Compensation § 33. The Commissioners shall be allowed three dollars
of^ commission- ^^^ day for each day of actual service, which, together with all
other actual expenses in relation to any assessment made in
pursuance to this act, shall be deemed part of the ex-
penses of the improvement, and included therein.
Duties of the § 3i. "When any special assessment shall have been
town clerk. confirmed by the board of trustees, and no appeal has been
taken, it shall be the duty of the town clerk to file the
same in the oflice of the clerk of the county court of
said county of Cook; and it shall be the duty of said
clerk of the county court, in the warrant next there
after to be issued for the collection of state and county taxes,
levied upon the real estate of said town of Cicero, to set
down in a column for that purpose provided, opposite the
several lots, pieces or parcels of real estate upon which as-
sessments have been made for benefits, as hereinbefore
provided, the amounts of said assessments, respectively.
Duty of collector And it sliall thereupon be the duty of the collector of taxes
for the state and county to collect the said assessments and
enforce the payment thereof, in the same manner and with
all the rights, powers and authority that he has to collect
state and county taxes, and he shall pay the same over the
ofiicer entitled to receive the town tax at the same time that
he is required to pay over the county revenue ; and the
proper court of said county shall render judgment against
and order the sale of any lot, piece or parcel of real estate
for the non-payment of said assessment and costs in the
same manner as is or may be provided for state and county
taxes ; and judgment shall be rendered for the aggregate
amount for county, state and other taxes and the assess-
saie of lands, ments aforesaid. The sale shall be conducted upon the
same notice and judgment and in the same manner as is or
may be provided by law for the sale for state and county
taxes. The right of redemption shall exist and be excercised
in the same manner, and deeds for property sold for any
special assessment levied under this act shall be executed
by the same persons and shall have the same eflect as evi-
dence as deeds executed in pursuance of the laws now in
force or hereafter to be enacted providing for the collection
of state and county taxes in counties adopting the township
organization. In all special assessments, except those
wherein real estate is sought to be condemned or appro-
priated to public uses, the order of confirmation of such as-
sessment by said board shall be final and conclusive upon
all persons interested, and no appeal shall be allowed from
such order of confirmation ; and nothing in this act shall be
so construed as to permit an appeal from the order of con-
firmation of any special assessment, except in cases where
land is sought to be appropriated or condemned. No writ
of certiorari shall issue in any matter of special assessment,
/ except the same issue within thirty days after the confirm-
ation of the assessment.
TOWNS — INOORPOBATBD. 679
§ 35. The office of highway commissioner for said town offlie highway
18 hereby abohshed, and all the power, rights, duties and ahoiished.
authorities theretofore pertaining t(> higliway commissioners
of said town, under the township organization laws, not in-
consistent with the provisions of this act, are hereby trans-
ferred to and vested in said board of trustees.
§ 36. No person shall be eligible to the office of trustee Eii-ibUity of
of said town who is not a legal voter of said town or who is
a trustee of any other town or municipal corporation. At
the first election of trustees hereby provided for, no ballot
shall be counted for trustees which shall not designate the
term or number of years for which the person so voted for
as trustees shall serve. The clerk of the county court shall
issue certificates of election to the trustees and police magis-
trates elected under this act.
§ 37. The said board of trustees may cause any im- ^^J borrow
provement authorized by this act to be made before or at
the same time that proceedings may be in progress under
this act for the levy and collection of the special assessment,
for the making of such improvement, and for the purpose
of making such improvement may borrow money not
to exceed the cost and expense of such improvement, as
estimated by the board of trustees, at a rate of interest not
to exceed ten per centum, per annum, and for a term not to
exbeed three years, and pledge the faith and credit of said
town therefor, by the issuing of bonds, in the name of said -^^^'"'^ ''^°'^<^s-
town, for the re-payment of such money and interest; which
bonds shall be signed by the president of such board and
countersigned by the town clerk. It shall be the duty of
the said town clerk to keep a copy of all such bonds in the
book of records, in which shall be kept the orders or ordi-
nances for the making of special assessments ; aud the sum
or sums of money so borrowed shall be placed in the town
treasury to the credit of the improvement for the making
of which the sum was borrowed, and shall not be drawn
out or used for any other purpose whatsoever than the pay-
ment of the cost and expenses of such improvement. ..
§ 38. All officers elected under the provisions of this '^^'°'' °' °®"^-
act shall hold their offices until their successors shall be
elected and qualified ; and the present officers of said town
shall hold their offices until the first election of officers of
said town under this act, as hereinbefore provided, and
until such officers so elected shall have qualified. And
the present board of trustees of said town shall have
all the power given the" board of trustees under this act ;
and the other town officers shall have all the powers and
authority conferred on their successors by this act.
§ 30. The police magistrate elected under the provisions ^^^^ °^ °®^^-
of this act shall take the same oath of office and shall have
all the powers and authority and shall receive like fees and
emoluments as any justice of the peace of said town, as pro-
vided by the laws of this state, general or special. The
680 TOWNS — INCORPORATED.
police magistrate and justice of the peace of said town shall
receive the same fees for all process issued bj them and
services performed under the provisions of this act that
they receive for issuing process and performing services ot
like nature under the general law of this state,
nottobe'invaiid ^ ^^* ^^ Special assessment which has been made or
which is now in process of being made shall be invalidated
by this act ; but all special assessments which have been
levied or are now in process of being levied under
the present charter of said town shall be carried to
a final completion of such levy, and the moneys for
which the same are or may be levied, shall be collected as
now prescribed in the charter of said town or under the pro-
visions of this act, so far as the same may be applicable.
All acts or parts of acts of the general assembly of this
state inconsistent herewith are hereby repealed, but all the
acts of the town officers of said town which were lawful for
them to do shall not be invalidated by this act.
§ 41. This act shall be a public act, and take efiect from
and after its passage.
Approved March 25, 1869.
In foi-co March AN ACT to incorporate the town of Clay City.
27, 1869. J J
ARTICLE I.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
inhabitants and residents of the town of Clay City, in the
county of Clay, and state of Illinois, are hereby made a
body corporate and politic, in law and iu fact, by the name
Name and style, ^^f " The President and Trustees of the Town of Clay City ;"
and, by such name and style, shall be forever able and ca-
pable, in law and equity, to sue and be sued, to plead and
be impleaded, to answer and be answered, to defend and
be defended, in all manner of suits, actions, plaints, pleas,
causes, matters and demands, of whatever kind or nature
they may be, in as full and eifectual a manner as any per-
son or persons, bodies corporate or politic can or may do ;
and, [by] the name and style aforesaid, shall have perpetual
succession, and may have and use a common seal which
they may alter or revoke as they please.
, . § 2. That the corporate powers of said town shall be
Power? vested *' •ii ^-i
intruaiees. vested in and exerciseu by a president and two trustees, to
be chosen and appointed as hereafter declared, who shall
form a board for the transaction of business.
Boundaiies. § 3. The boundary of said corporation shall include the
south half of the southwest quarter and the south half of
the southeast quarter of section eighteen, and all of section
nineteen, township number three north, of range number
eight east of the third principal meridian, and in the countv
of Clay.
TOWNS — INCOEPORATED. 681
§ 4. On the first Monday in Juno next an election stiall Election of
be held for president and trustees, who shall hold their ™^ ^^^'
offices one year and until their successors are elected and
duly qualiiied ; which election shall be held on the first
Monday in June, in each year thereafter. The members
comprising said board of trustees shall be at least twenty-
one years of a(i;e, and inhabitants of said incorporate limits,
and 6o7ia jide freeholders of said town ; and they shall have
power to till all vacancies in their board which may be oc-
casioned by death, resignation oi otherwise.
§ 5. All male inhabitants who are entitled to vote for of^^'/g^ctors""""
state and county officers, and who shall have been actual
residents of said town for sixty days next preceding any
town election, shall be entitled to vote for town officers.
§ 6. No person shall be elected president of the board Qualification of
of trustees of said town or trustee thereof who shall not "^ ^'^ ° ^"•
have been for one year previous to said election a honafide
freeholder within the corporate limits of said town (which
residence shall not be for the purpose of education or for
any other temporary object) and who shall not be a quali-
fied voter at all elections for state and county officers.
§ 7. If any member of said board shall, during the term Removal ftom
of his office, remove from the town or absent himself there- *"^^'
from for three successive months, his office shall thereby be
vacated.
§ 8. The said board shall judge of the qualification, Qualifications
elections and returns of its members : Provided^ the elec- members.'"^
tion may be contested in the same manner as is provided
by law for contesting the election of supervisors.
§ 9. Any justice of the peace of said county shall have jurisdiction of
jurisdiction of all causes and prosecutions arising under J'^^^^^^^'^^p®"*^®
said ordinance, when the amount in controversy shall not
exceed one hundred dollars, and shall be entitled to the
same fees as are allowed to justices of the peace for similar
services under the laws of this state.
§ 10. The president of the board is hereby authorized inhabitants to
to call on every male inhabitant of said town, over the age the lawe!'*^'^^"'^
of eighteen years, to aid in enforcing the laws and ordi-
nances or in carrying into effect any law or ordinance ; and
any person who shall not obey such call shall forfeit to said
town a fine not exceeding ten dollars.
ARTICLE II.
Section 1. The style of the ordinance of said town shall _^}y}f of o-^'--
be, '■^Be it ordainedhy the president and trustees of the toian
of Clay City f and all ordinances shall within one month
after they are passed, be published, by posting copies of the
same in two public places in said town ; and the certificate
of the board, under the seal of the corporation, shall be
prima facia evidence of such publication ; and no ordinance
shall take etiect until published as aforesaid. All ordi-
V^ol.111^86 '^ ^ '
nances.
682 TOWNS — INCORPOEATED.
nances may be proven by the seal of the town, and when
printed or published in book or pamphlet form purporting
to be printed or published by authority of the corporation,
the same shall be received as evidence in all courts and
places, without further proof
Exempt from § 2. Tne inhabitants of said town shall be exempt from
sWeid^i'n HmUe" ^^^ performance of road labor and the payment of road tax
levied by authority of the county court ; and the entire
jurisdiction and control of the roads, highways and bridges
in said town shall be held and exercised by the president
and trustees aforesaid ; and they shall have power, and it
is hereby made their duty, when it may be necessary
for the purpose of keeping in repair the streets and alleys
of said town, to require every able bodied male inhabitant
of said town, over twenty-one years of age and under fifty,
to labor on said streets and alleys, not exceeding three days
in each year ; and any person failing to perform such labor,
when duly notified by the street commissioners or other
authorized person of said town, shall forfeit and pay the
sum of one dollar and fifty cents to said town for each and
every day so neglected and refused.
AH wilts issued § 3. AH writs for the recovery of penalties for the
debt. breach of any ordinance of said town shall be in the form
of action of debt, before some justice of the peace; and
changes of venue and appeals shall be allowed in all cases.
Boud^and se- § 4. The board shall have power to appoint such ofii-
cors as may be necessary for carrying into etifect the powers
conferred upon said corporation by this act, and to require
them to give such bonds, with such security and take such
oaths as may be judged necessary to insure a faithful per-
formance of their respective duties, and abolish or remove
the incumbents of the same at pleasure.
ectionoTtix"^' '^ ^- "^^^^ president and trustees shall have power and
authority to levy, assess and collect a tax upon all property,
real, personal and mixed, in said town, which is now or may
hereafter be subject to taxation for state or county purposes,
not exceeding one-half of one per centum, per annum, ujjon
the assessed value thereof, and may assess and enforce the
collection of the same by any ordinance, not repugnant to
the constitution of the United States or of this state ; or the
said board may, if they think proper so to do, by ordinance,
adopt the annual assessment made of the property in said
town by the county or township assessor, and may enforce
the payment of the taxes on the same by filing a certified
statement of the amount of such tax with the clerk of the
county court of Clay county ; and the said clerk [shall] in-
clude such amount in the tax warrant next issued by him
for the collection of state and county taxes, and the same
shall be a lien on the taxable property of said town; and
such tax shall be collected in the same manner as now pro-
vided by law for the collection of state and county taxes.
curlty of officers
TOWNS — INOORPOKATED. 683
§ 6. The town board shall keep a journal of its proceed- eeedS.°'' "'°-
ings, and no member of the town board, during the term of
his office, shall be appointed to any office under the authority
of the board, nor make any contract with said board ; and
the journal of said board shall, at all proper times, be open
to the inspection of the inhabitants of said town.
§ 7. There shall be four stated meetings in each year stated meetiDgs
of the town board, at such times and places as may be pre-
scribed by ordinance.
§ 8. A majority of the town board shall constitute a «uonim.
quorum to do business, but a smaller number may adjourn
from day to day, and compel the attendance of the absent
members, under such fines and penalties as may be pre-
scribed by ordinance.
§ 9. The town board shall have power to determine the ceSgs?^ *'™"
rules of its proceedings, and punish its members for disor-
derly conduct, in such manner as may be prescribed by
ordinance, and may, by a vote of two-thirds of the members
elected, expel a member, for good and sufficient cause.
§ 10. The president and trustees shall meet on the q^^Xrf/etate'd
first Thursday after said election, at such place as they may meetings.
elect, in the limits of said corporation, and provide for
quarterly stated meetings of the board thereafter, at such
times and places as they may determine. The first election
shall be held by any two of the present members of said
town board, now acting under the general incorporation
laws of the state, and, thereafter, by the president and one
trustee, or by the two trustees, giving ten days' notice ;
and any failure to hold elections under this act at the spe-
cified times shall not work a forfeiture thereof, but the said
elections may be held at any day thereafter, l3y giving ten
dajB^ notice of the same.
ARTICLia III.
Section 1. The inhabitants of said town, by the name May purcbaso
and style aforesaid, may purchase, receive and hold pro- ^^'^''o'^'^^^i^^-
perty, real or personal, within or beyond the limits of said
town, for burial grounds, and other public purposes, for the
use of the inhabitants of said town, and may sell, lease and
dispose of property, real and personal, for the benefit of
said town, and improve and protect such property, and may
do all things pertaining thereunto as natural persons,
§ 2. To appropriate money and provide for the pay- Appropriations.
ment of the debts and expenses of said town.
§ 3. To make regulations to secure the general health General health.
of the inhabitants of the town ; to prevent the introduction
and spread of contagious diseases; and determine what
shall be a nuisance, and provide for the punishment, re-
moval and abatement of the same.
§ 4. To provide the town with water ; to sink and keep provide water.
in repair wells, pumps, etc., in the streets or parks, for the
convenience of the inhabitants.
684: TOWNS — INCORPORATED.
prove'streets™" § ^- ^^ Open, alter, extend, grade, pave or otherwise
improve streets and alleys, and remove obstructions there-
from ; to erect and keep in repair bridges ; to erect market
houses ; to establish markets and market places, and to pro-
vide for the regulation thereof; to provide for inclosing,
improving and regulating all public grounds belonging to
Auctioneers, the town ; to Kcense, tax and regulate auctioneers, hawkers,
pe lerg. ec. teamsters, brokers, draymen, and pawnbrokers; to license,
tax, regulate and suppress theatrical and [other] exhibi-
tions, ball alleys, billiard tables or other tables, lotteries,
shows and amusements.
Prohibit sale § 6. To prohibit the sale of any kind and description of
iquors. ardent spirits, and suppress tippling houses, dram shops,
gaming houses, bawdy houses and other disorderly houses,
within said town or within one mile thereof: Provided,
the said board shall have power to license and regulate the
sale of spirituous liquors, ale and beer within said town
Prevention and limits ; to provide for the prevention and extinguishment
extinajuisliment r n ^ • -i ^ ^ , /• • ^ i
of fires 01 nres ; to organize and regulate tire companies ; regulate
the fixing of chimneys and the flues thereof, and to provide
reservoirs of water at convenient places, to be used in cases
comiinstibies. of fires ; to regulate the storage of tar, pitch, rosin, gun-
powder and other combustible materials ; to provide for the
oSferf ^*'°° taking enumerations of the inhabitants of the town ; to fix
the compensation of town ofiicers, and regulate the fees of
jurors, witnesses and others, for services rendered under
this act or any ordinance : Provided^ that the members of
the town board shall not receive for their services more
than two dollars per day ; to regulate the election of town
ofiicers, and to provide for removing from ofiice any per-
sons holding an office created by ordinance.
Regulate police. § 7. To Organize and regulate the police of the town ;
to impose tines, forfeitures and penalties for breach of any
ordinance ; for the recovering and appropriating of such
fines and forfeitures and for the enforcement of such penal-
ties : Provided, that the right of trialby jury shall in no case
be denied to any person charged with a breach of any of the
provisions of this act or any ordinance.
ca abooso. § 8. The town of Clay City shall have power to erect
within the town of Clay City a calaboose, for the confine-
irent and puniehment of persons guilty ot violation of any
ordinance of the corporation hereby created, and to erect
all other needful buildings ; to require railroad companies
to construct and keep in repair suitable crossings at the
intersection of streets and alleys, when the town board shall
deem necessary, and regulate the speed of locomotives and
engines within the town limits.
K'^*''"*'"'"' ^ '^' 1'^^^ town board shall have power to make and
enforce all ordinances necessary to preserve good govern-
ment, order and harmony in said town, and punish ofiend-
ers by fine or imprisonment, or both, in the town calaboose,
or by work on the streets in said town, at the rate of one
TOWNS — INCOEPOEATED. 685
dollar per day, in all cases when such offenders shall fail
or refuse to pay the lines and forfeitures which may be re-
covered against them : Provided, that such ordinances are ^
not repugnant or inconsistent with the constitution of the
United States or this state.
§ 10. The president shall preside at all meetings of the Presiding officer
town board, and shall have the casting vote and no other.
§ 11. When all the owners of property on a street or
alley proposed to be opened or altered shall petition there-
for, the town board shall provide for the opening or alter-
ing or discontinuing the same, but no compensation shall
be allowed to such owner for their property so taken.
§12. All money arising from fines, forfeitures and pen- Petition for
alties, licenses, taxes and assessments, shall be paid to the "P'^'^^^^s
treasurer and go to the sole and exclusive use of the inhabit-
ants of the town of Clay City, to be appropriated and ex-
pended by the town board for the advancement, improve-
ment and benefit of said town.
§ 13. The town board may, at any time hereafter, pro- Moneys go into
vide by ordinance for future elections" by the inhabitants of ^°^^''' ''■^^*"'^y- .
said town of such officers as they may deem advisable to
have so elected.
§ 14. The president and trustees shall not be required, Provide for
in "suits instituted under this act or any ordinance passed ^"'^"^^^'^"°°''-
by virtue thereof, to file before the commencement thereof
any security for costs.
I 15. This act to be a public act, and take effect from
and after its passage.
Approved March 27, 1869.
AN ACT entitled "Aa act to incorporate the town of Coatsbuig, in the In force April
county of Adams, and state of Illinois." ■^''' ^^^^'
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the in-
habitants of the town of Coatsburg, in the county of Adams,
are hereby constituted a body politic and corporate, by the
name of "The President and Trustees of the Town of Name and style
Coatsburg ;" and, by that name, shall have perpetual suc-
cession; make and use a common seal, and alter it at pleas-
ure ; and in whom the government of the corporation shall.
be vested and by whom its affairs shall be managed.
§ 2. The boundaries of said corporation shall be those Boundaries
established by the first ordinances passed by the present
board of trustees of said town. Said ordinances, together
with all other ordinances passed by said board, are hereby
legalized, and may be read in evidence in all courts of law
or equity in this state, without proof.
686 TOWNS — INCORPORATED.
ers
Corporate pow- § 3. TliG inhabitants c»f said town, by the name and
style aforesaid, shall have power to sue and be sued, plead
and be impleaded, defend and be defended, in all courts of
law or equity and in all actions whatever ; to purchase, re-
ceive and hold property, real and personal, beyond the
corporation limits, for burial and other public purposes, for
the use of the inhabitants of said town ; to sell, lease or
dispose of property, real and personal, for the benefit of
said town, and to improve and protect such property, and
to do all other things in relation thereto as natural persons.
Government § 4. The Corporate powers and duties of said town
oftrifstees^"*'^'^ shall be vested in five trustees, who shall form a board for
the transaction of business; and the persons who may be
in office as trustees in said town under the general incor-
poration law of this state shall be deemed to hold their
offices by virtue of this act until the first Monday in May,
Anno Domini one thousand eight hundred and sixty-nine
and until their successors are elected and qualified.
Election of § ^' ^^ ^^6 ^^^^^ Monday in May next, an election
trustee?. shall be held in said town of Coatsburg, for the election
of five trustees of said town, and thereafter, on the first
Monday in May in each year an election shall be held for
said officers. They shall be citizens of the United States,
twenty-one years of age, and shall possess a freehold estate
within the limits of said town.
Qnaiiflcation? § ^- -^^^ pcrsous who are entitled to vote for state offi-
of voters. cers by the laws of this state, and who shall have been
actual residents of said town six months next preceding
any election held under the provisions of this act, shall be
entitled to vote at any such election.
Appointment of § 7. The Said trustecs, at their first meeting, shall ap-
president. point ouG of their body president, and shall judge of the qual-
ifications and returns of its own members, and shall deter-
mine all contested elections in such manner as may be pro-
vided by ordinance,
umtoio ^ ^' A niajority of the board shall constitute a quorum
busiueVs!" ' to do busiucss, but a smaller number may adjourn from
day to day and compel the attendance of absent members,
under such [lines and penalties as may be prescribed by
ordinance, and shall have power to determine the rules of
their own proceedings, punish a member for disorderly con-
duct, and, with the concurrence of two-thirds, expel a mem-
ber.
Manner of § ^- ^^^ elcctions sliall bc held by ballot, and tie votes
election. shall bc decided by lot, in presence of the board of trus-
tees.
oatu of office. § 1^- Each of the members of the board of trustees,
before entering upon the duties of his office, shall take and
subscribe an oath before some justice of the peace of the
county, that ho will supj)ort the constitution of the United
States or of this state and that he will perform the duties
of his office to the best of his ability ; and there shall be
TOWNS — INOORPOEATED. 687
at least one regular meeting of said board once in tliree
months at such times and places as may be prescribed by
ordinance,
§ 11. The board of trustees shall have power to appoint Appomtmeutof
a clerk, treasurer, assessor and one or more street coramis- °^'^'^'^^-
sioners, and such other officers as may be judged necessary
for carrying into effect the powers conferred upon said cor-
poration by this act, and to require them to give sucli
bonds and security as may be deemed necessary to insure
the faithful performance of their respective duties, before
entering upon the discharge of the same, and who shall
possess the same qualifications as is required for a member
of the board of trustees.
§ 12. The board of trnstees shall have power and au- Levy and coi-
thority to levy, assess and collect taxes upon all property, '®<=^^**^<^*-
real and personal, within the limits of said town, which is
subject to taxation for state and county purposes, not ex-
ceeding one-half per cent, upon the assessed value thereof,
and may assess and enforce the collection of the same by
any ordinance, not repugnant to the constitution of this
state ; also, to appropriate money and provide for the pay-
ment of debts and expenses of the town.
§ 13. To make regulations to secure the general health General health.
of the inhabitants of the town ; to declare what shall be.
considered a nuisance, and to prevent or remove the same.
§ 14. To open, abolish, alter, fwiden, extend, establish,
improve and keep in repair, streets, alleys and public
grounds in said town, and erect, maintain and keep in re-
pair bridges, drains and sewers.
§ 15. To provide the town with water ; to sink and Weiis, cisteme.
keep in repair wells, and to erect needful buildings for the
use of the town, and to improve and protect public build-
ings.
^ 16. To provide for the inspection and weight of hay inspection oi
and stone coal, and the measurement of wood and fuel to hay and stone
be used in said town.
§ 17. To license, tax and regulate auctioneers, mer- Auctioneers,
chants, grocers, eating houses and peddlers and to regulate i'^*^*^^^^^^- ^''=-
the fixing of chimneys and the flues thereof, also to regu-
late the storage of gunpowder and other combustible ma-
terials.
§ 18. To suppress gaming houses, bawdy houses and Gambling, etc.
other disorderly houses within said town ; to license, tax
and regulate theatricals and other exhibitions, shows,
amusements, and to provide for the trial and punishment
of persons who may be engaged in assaults, batteries and
afl'rays within the corporate limits of said town.
§ 19. To fix the fees and compensation of town officers, of^Xers.^^**""
jurors, witnesses and others, for services rendered under
the provisions of tJiis act.
688
TOWNS — INOOKPOEATED.
Obstiuctiun of
streets.
Ruuuins: at
large of horses
and cattle.
Euniiing at
large of dogs.
Fixe-arms.
Misdemeanor,
fine and penalty
for.
Police, etc.
Enforcement of
ordinances.
Style of ordi-
uaucee.
OrdiuancoB
BhtiU be evi-
dence.
§ 20, To prevent the incumbering of the streets, alleys
and public grounds of said town ; to protect shade trees ; to
compel persons to fasten horses, mules and other animals
attached to vehicles, while standing upon any street, alley
or uninclosed lot in said town ; to prevent the running at
large of horses, cattle, sheep, hogs and other animals, and
to provide for the impounding and distraining [of] the
same, and to provide for the sale of the same for any pen-
alty incurred, and to impose penalties upon the owner or
owners of any such animals for the violation of any ordi-
nance in relation thereto.
§ 21. To prevent running at large of dogs, and to pro-
vide for destruction of the same when at large contrary to
the provisions of ordinance in such cases made.
§ 22. To prevent the firing of squibs, rockets, guns or
other tire-works or combustibles witiiin the limits of said
town.
§ 23. To provide for the punishment of persons who
may at any time disturb the peace of the inhabitants of
said town, or the deliberations or proceedings of any public
meeting of said inhabitants, or of the board of trustees
when in session.
§ 24. To regulate the police of the town ; to impose
tines, penalties and forfeitures for the breach of any ordi-
nance, and to provide for the recovery and appropriation
of such fines and forfeitures and the inforcement of such
penalties: Fromded^ that in all cases the right of trial by
jury shall be allowed to any person or persons charged
with a breach of any of the provisions of this act or any
ordinance made in pursuance thereof.
§ 25. The board of trustees shall have power to make
and enforce all ordinances which may be necessary and
proper for carrying into efl'ect all the powers specified in
this act or as the good of the inhabitants of said town may
require, so that such ordinances are not repugnant to nor
inconsistent with the constitution of the United States nor
this state.
§ 26. The style of the ordinances of this town shall be,
" Be it ordained by the President and Trustees of the Tmtm
of Coatshurg f and all ordinances shall, within one month
after they are passed, be published or made known, by
posting in three public places in said town copies of the
same, and the certificate of the clerk of the town, under the
seal of the corporation, shall be prima facie evidence of
such ordinance and of its publication ; and no ordinance
shall take etiect until published or made known as aforesaid.
§ 27. And all ordinances may be proven by the seal of
the town, and, when published or printed in book or
pamphlet form and purporting to be printed or published
by Authority of the town of Coatsburg, the same shall be
received as evidence in all courts and places without fur-
ther proof.
TOWNS — INCORPORATED.
DUTIES OF THK TRESIDENT.
689
Section 1. The president shall preside at all meetings Preoidme officer
of the board, when present ; and in case of his absence at
any meeting the board shall appoint one of their number
chairman, who shall preside at that meeting,
§ 2. The president or any two members may call special . spedai meet-
meetings of the same.
§ 3. The president shall be active and vigilant in enforc- Aj^tiye and vi-
ing the laws and ordinances for the government of the fng^?aws.^^ °^'^'
town. He shall inspect the conduct of the subordinate of-
licers and_^'cau8o negligence and willful violation of duty to
be punished. He shall have power and authority to call on
all male inhabitants over the age of twenty-one years of
said town to aid in enforcing the law and ordinances ; and
any and every person who shall fail or refuse to obey such
call shall forfeit and pay to said town the sam often dollars,
§ 4. He shall have power, whenever he may deem it
necessary, to require of any oflicer of said town an exhib-
it of his books and papers ; and shall have power to do all
other ac.ts required of him by any ordinance made in pur-
suance of the terms of this act.
MAGISTRATES AND CONSTABLES.
Section 1. It shall be the duty of the trustees of said J^^*^", ,°f
town, immediately after the passage of this act, to give pers.^ "° ^'^"
notice for and cause an election to be held for a justice
of the peace and constable, who shall be elected by the
qualified voters within the corporate limits of said town,
who shall take the same oath, execute the same bond, and
be clothed with the same power, authority, jurisdiction, and
subject to the same liabilities, as other justices of the peace
and constables within the limits of this state, and shall
hold their ofhces, respectively, two years from the first
Monday in May next, and biennially forever thereafter ;
also, shall hold their offices until their successors are elected
and qualified.
§ 2, For the election of a justice of the peace and con- ^^1^^^^'!^^^?^^^^^^
stable for said town, after the first election, shall be held at and coustawe.
the same time and place of the election of trustees. And
the manner of holding all elections required by this act
shall be held and conducted and returns thereof made as
may be hereafter provided by the ordinances of the trus-
tees of said town by this act created.
§ 3. The said justice of the peace shall be commis- J^^actkmr^'^'^^'
sioned by the governor of this state, and shall be a con-
servator of the peace for said town, and shall have exclu-
sive jurisdiction in all cases arising out of or under the or-
dinances of the corporation, and shall have the same fees
Vol. Ill— 87
690 TOWNS — INCOKPOKATED.
and compensation allowed for similar services under the
laws of this state to other justices of the peace. In case of
his absence or inability to act, any justice of the peace
having an office in said town shall have power and author-
ity to hear and determine all cases which may arise under
the ordinances of said town.
Justices com- g 4. In all cascs arising under the ordinances of said
the^gOTernor. ^ town chaugcs of veuuc and appeal shall be allowed, as in
other cases before justices of the peace; and the said cor-
poration shall be allowed to appeal in any case in which
they are parties, by causing their clerk to execute a bond,
in the name of the corporation, in the form now or which
may hereafter be furnished by the law in other cases,
without other security, and an order entered upon the rec-
ords of said corporation directing said appeal shall be suf-
ti-cient evidence of the authority of said security to sign
said bond.
Jurisdiction of § 5. The town constable elected under the provisions
conetabie. ^^^ ^.j^jg ^^j.^ gj^^lj i^^^yQ power and authority to execute all
processes issued for the breach of any ordinance of said
town, and for that purpose his power and authority shall
extend over the county of Adams, and shall have the
same power, jurisdiction and authority, within the limits of
said county, as other constables in all cases possess under
the laws of this state ; and shall give bond and qualify as
said board shall by ordinance prescribe.
Power to arrest 8 6. The Said coustable shall be authorized to arrest all
witD. or witnoiiL
procesa. persons on view, without warrant, who shall violate any of
the provisions of this act or any of the ordinances of said
town made in pursuance thereof, and take him, her, or
them before the justice of the peace of said town, to be
tried and punished as may be prescribed by ordinance.
In case of tiie absence or inability of said constable to act,
any constable of said county of Adams shall have power
and authority to execute all processes and writs which may
be issued, in the same manner and with like effect as the
constable of said town.
STREETS AXD ALLEYS.
^<Jpe°'°g|treet3 SECTION 1. Whenever it shall be necessary to take pri-
a eys. ^^^^ property for opening or altering any public street or
alley in said town, the corporation shall make just compen-
sation to the owner or owners of said property, and pay or-
tender the same before opening or altering such street or
alley ; and in case the amount of such compensation cannot
be agreed upon, the same shall be ascertained by six disin-
terested freeholders of said town, who shall be summoned
by the justice of the peace of said town for that purpose.
damage'' "^^ § ^* "^^^^ ^^^^ jurors, SO iuipanneled to ascertain the
daraageB which will l)e sustained, by the opening or alter-
TOWNS — INCORPORATED. 091
ing of any street or alley, by any person or persons so
owning property, shall first be sworn to that effect by said
justice, and shall return to llim their inquest, in writing,
signed by each of said jurors, and by him laid before the
board of trustees at their first meeting thereafter; and
either party may appeal therefrom to the circuit court of
Adams county, in such manner and upon such terms as
may be prescribed by ordinance.
§ 3. In the assessment of such, damages, the jury shall . Duties of the
take into consideration the benefits as well as the injury^"""
happening to the owner or owners of property proposed to
be taken for opening or altering a street or alley, by such
opening or alteration.
§ 4. That the board of trustees shall have power to Levy speeiai tar
levy and collect a special tax on owners of lots on any
street or part of street, according to their respective fronts,
for the purpose of grading, paving or otherwise, the side-
walks on said street or part of street.
§ 5. That the lot in front of which any sidewalk is construction of
made shall be taxed to pay at least one-half of the expenses ^''^^^^
of making such sidewalk, in addition to the regular tax,
which shall be assessed and collected in the same manner
as other taxes are.
MISCELLANEOUS PROTJSIONS.
Section 1. The inhabitants of the town of Coatsburg Exempt from
are hereby exempted from working on any road beyond gfde^towniimits"
the limits of said town, and the payment of any road tax
levied by tlie commissioners of highways of the township
of Honey Creek; and the entire jurisdiction and control
of roads, highways and bridges in said town shall be
held and exercised by the board of trustees by this act pro-
vided.
§ 2. The board of trustees, for the purpose of keeping Labor on th«
the streets, alleys and highways in repair in said town, are feysf^ ^°
authorized and empowered to require every able-bodied
male inhabitant of said town, over twenty-one years of age
and under fifty, to labor on said streets, alleys and high-
ways any number of days not exceeding three in each year.
Any person failing to perform such labor, when duly noti-
fied by the street commissioner or other authorized ofiicer
of said town, shall forfeit and pay the sum of one dollar and
fifty cents, to be paid to said town, for each and every day
so neglected and refused.
§ 3. The board of trustees sliall have power to provide Punishment of
for the punishment of offenders ascainst any ordinance of^^°*^*^ ^'
said town, by imprisonment in the county jail not exceeding
thirty days for any one ofieuse, in all cases where such
oflenders shall fail or refuse to pay the fines and forfeit-
ures which may be recovered against them.
692 TOWNS — INCORPORATED.
Ji.'j^e8 and pen- § 4. All suits for fines and penalties in and for the
violation of any ordinance shall be in the name of the
president and trustees of the town of Coatsburg ; and the
board of trustees shall regulate, by ordinance, the form
and nature of the first and subsequent process, and the
mode of executing the same.
entM*^*eecmity § ^' "^^^^ incorporation hereby created shall not be re-
fer coBt. quired, in any suit brought for a violation of any ordinance
of said town, to file, before the commencement of any
such suit, or during the pendency thereof, any security for '
costs,
ordinancea to § 6. All Ordinances and rosolutions passcd by the prcsi-
raui^epeaieT^ cleut and trustecs of the town of Coatsburg shall remain in
force until the same shall have been repealed by the board
of trustees hereby created ; and all actions, fines, penalties
and forfeitures which have accrued to the president and
trustees of said town, or which may hereafter accrue to
them prior to the taking efi'ect of this act, shall be vested
in and prosecuted by the corporation herein created.
vetted m'^coi^Jo- § ^- All property belonging to the president and trns-
ration. ^q^q of \\^q town of Coatsburg, for the use of the inhabit-
ants of said town, shall, upon this act taking effect, be
vested in the corporation ; and this act shall not invalidate
any act done by said president and trustees, nor divest
them of any rights which have accrued to them prior to
the passage of this act.
Vacate office of 8 8. Whenever the iusticc of the poace herein provided
justice of the ,. J , , "*'-,, • t i • re
peace. lor Shall romovc trom said town, resign or die, or his oiiice
shall otherwise become vacated, the board of trustees shall
immediately provide for filling such vacancy by election.
§ 9. This act is hereby declared a public act, and may
be read in evidence in all courts of law and equity in this
state, without proof. This act shall take efiect and be in
force from and after its passage.
In force April 15, 1869.
e W, Edward RuMMti,, Secretary of State, do hcrcliy certify that the foregoing act of
the Tweiity-Mxth General Assembly of the State of Illinois was filed in the office of the
Hccretary of State, April 15, 18(59, without the Bij,'nature of the Governor, l)ut, bv virtue
of Section 21, Article IV, of the Constitution of this State, the same is now declared a
law, having been retained over ten days by the Governor after its reception.
EDWA«D RUMMEL, See'y of State.
i^iorc^VehAt. AN ACT to iHcorporate tlie town of Cuba.
1869
Section 1. Be it enacted hj the Feo-ple of t lie State of
Illinois^ represented in the General Assembly, That the
inhabitants of the town of Cuba, in the county of Fulton,
and stftte of Illinois, be and they arc hereby constituted a
body politic and corporate, by filename and style of "The
TOWNS — INCORPORATED. 693
Town of Cuba ;" and by that name shall have perpetual Nameand style.
succession, and may have and use a common seal, which
they may change and alter at pleasure.
§ 2. That the boundaries of the corporation of said Bouudares.
town be as follows, to-wit : Beginning at the northwest
corner of the northwest quarter of section number twenty
("30), in township six (6) north of the base line, number
three (3) east of the fourth (4th) principal meridian ; thence
south one hundred and thirteen (113) rods ; thence east
one hundred and sixty (160) rods ; thence north one hun-
dred and thirteen (113) rods ; thence west forty (40) rods ;
thence north to the centre of the Toledo, Peoria and War-
saw Railroad track ; thence west to the place of beginning :
Frovided^ nevertheless^ the president and trustees of said
town may, at any time, by ordinance, extend the bounda-
ries of said corporation on the north of said town, not ex-
ceeding one-half mile ; on the east, not exceeding one-half
mile ; on the south, not exceeding one-half, mile ; on the
west, not exceeding one- half mile.
§ 3. The inhabitants of said town, by the name and corpoiatopow-
style aforesaid, shall have the power to sue and be sued, to
plead and be impleaded, to defend and be defended in all
courts of law and equity and in all actions whatsoever ; to
purchase, receive and hold property, real and personal, in
said town, and to purchase, receive and hold property, real,
beyond the limits of said town, for burial grounds, for the
use of the inhabitants of said town, and to sell, lease, convey
and improve property, real and personal, for the benefit of
said town, and to do all other things in relation thereto as
natural persons.
ARTICLE II.
OF THE TOWN COUNCIL.
Section 1. There shall be a town council, to consist of council,
a president and four trustees, to be chosen annually by the
qualified voters of the said town.
§ 2, No person shall be a member of the town council Qnaiiflcation
unless he shall be at the time of and shall have been six °^™'^™"^^^-
months immediately preceding his election a resident of the
town, and shall be, at the time of his election, twenty-one
years of age and a citizen of the United States.
§ 3. If any member of the town council shall, during osice vacated.
the term of his office, remove from the town, his office shall
thereby be vacated.
§ 4. The town council shall judge of the qualifications, contested oiec-
. elections and returns of its own members, and shall deter- *"'°-
mine all contested elections.
§ 5, A majority of the town council shall constitute a Quorum.
quorum to do business, but a smaller number may adjourn
694: TOWNS — INCORPORATED.
from day to day, and compel the attendance of alDsent mem-
bers, under such lines and penalties as may be prescribed
b}'' ordinance.
Rules of pro- § 6. The towH council shall have power to determine
cetdings. i\^q rulcs of its proceedings, and punish its members for
disorderly conduct, in such manner as may be prescribed
by ordinance.
Journal of § 7. The town council shall keep a journal of its pro-
proceediugs. cGcdings and from time to time publish the same.
No member § §• No member of the town council, during the term
appointed to of- Qf |jjg office, shall be appointed to any office under the au-
thority of the council.
vacauciee, how § 9. All vacancics that sh all occur in the town council
filled. gijall be filled by election.
oatii of office. § 10. Each and every member of the town council, be-
fore entering upon the duties of his office, shall take and
subscribe an oath, that he will support the constitution of
the United States and this state, and that he will well and
truly perform the duties of his office to the best of his
ability.
Tievote.iiow § H. Whenever there shall be a tie in the election of
determined. members of the town council, the judges of election shall
certify the same to the police justice, who shall determine
the same by lot in such manner as shall be prescribed by
ordinance.
stated meetings § 12. There shall be four stated meetings of the town
council in each year, at such times and places as shall be
prescribed by ordinance.
ARTICLE III.
Eiedion of SECTION 1. There shall be elected in the town of Cuba,
ofticers. j^,^ ^1^^ qualified voters thereof, on the first Monday of
March, 1869, and on the first Monday of March, biennial-
ly, forever thereafter, a police justice and a town consta-
ble, who shall hold their offices for two years and until
their successors shall be elected and qualified.
Police magis- § 2. No person shall be eligible to the office of police
^'''^^'^' justice or to the office of town constable who shall not have
been a resident of the town for one year next preceding
his election, or who shall be under the age of twenty-one
years, or who shall not be a citizen of the United States.
Eieciiou of § 3. For the election of police justice and town consta-
trate! ™^^''"" ^^^G, tho towu of Cuba is hereby declared an election pre-
cinct ; and such elections shall be conducted and the re-
turns thereof made in the same manner as the election and
returns of other justices of the peace and constables :
Provided^ such elections shall be held at the same time and
shall be conducted by the same judges as the election for
members of tho town council.
TOWNS — INOOBPORATED. 695
§ 4. The police justice shall be commissioned by the Justice com
governor of the state of Illinois as a justice of the peace, govenwr. ^
and, as such, give bonds and taiie and subscribe the same
oath of office as other justices of the peace, and, as such,
shall be a conservator of the peace for the said town, and
shall have power and authority to administer oaths, issue
writs and processes ; to take depositions, acknowledg-
ments of deeds, mortgages and other instruments of wri-
ting, and certify the same as other justices of the peace ;
and he shall have exclusive jurisdiction of all cases arising
under the ordinances of the corporation, and concurrent
jurisdiction, power and authority, in all cases whatsoever,
with other justices of the peace, arising under the 1 aws o
this state, and shall be entitled to the same fees for his ser-
vices as other justices of the peace in similar cases.
§ 5. In case of the sickness, absence or death of the Absence of the
police justice of said town, any justice of the peace resi- t°atef ™*®^^"
ding within the town limits shall have jurisdiction of all
cases arising under the ordinances of the corporation, and
who shall be entitled to like fees for his services. Such
sickness, absence or death of police justice may be shown
by affidavit, filed with such other justice of the peace at
the time of instituting proceedings before him.
§ 6. The town constable shall have such power and an- unties or town
thority, and be entitled to such fees, and be placed under nonstable.
such bond, conditioned for the faithful performance of the Feesof o&ce.
duties of his office, as may be prescribed by the ordinances
of the corporation hereby created, and shall have the same
power and authority, in all cases arising under the laws of
the state, as other constables of the county, and shall have
. the right to serve process as other constables, at any place
within the limits of the county of Fulton. The jurisdiction
and power hereby given and conferred to the said police
justice and constable and such as has been or may be con-
ferred by acts of the legislature on other incorporated towns
and cities, and none other,
§ 7. In case the police justice shall at any time be ^ Penalty for
guilty of palpable omission of duty, or shall wdlfully or poUce justice!^'
corruptly of oppression, malconduct or partiality in the dis-
charge of the duties of his office, he shall be liable to be
indicted in the circuit court of Fulton county, and, on con-
viction, shall be fined in any sum not exceeding two hun-
dred dollars, and removed from office.
ARTICLE lY.
Section 1. On the first Monday of March next an elec- Election of
tion shall be held in said town for president and four mem- p''"*^®^*-
bers of the town council ; and forever hereafter, on the first
Monday of March, of each year, there shall be an election
held for said officers. The iirst election shall be held, con-
696 TO\TNS — INCOEPOBATED.
ducted, and the returns thereof made, as may be provided
by ordinance, by the present president and trustees of the
town of Cuba, and all succeeding elections as may be pro-
vided by ordinance of the town council by this act created.
Qualification of § 2, All pcrsoDS who are entitled to vote for state ofh-
eiec'x)rB. qq^q ^^j^^ ^yj^^j shall have been actual residents of said town
ninety days next preceding said election, shall be entitled
to vote for said officers.
ARTICLE V.
Levy and col- Seotion 1. The towu couucil sliall havc powcr and au-
thority to levy and collect taxes upon all property, real and
personal, within the limits of the town, not exceeding
one-half per centum, per annum, upon the assessed value
thereof, and may enforce the payment of the same in
any manner, to be prescribed by ordinance, not repugnant
to the constitution of the United States or of this state.
Appointment § 2. The town council shall have power to appoint a
clerk, treasurer, assessor and supervisor oi streets, and all
such other officers as may be necessary, and to require of
all officers appointed under and in pursuance of this char-
ter, bonds, with such penalties and security for the faithful
performance of their duties as may be deemed expedient.
Oath of office. g 3, Also, to require all officers appointed, as aforesaid,
to take an oath for the faithful performance of the duties
of their respective offices, before entering upon the dis-
charge of the same.
indebteiiness. g 4^ "p^ appropriate money and provide for the pay-
ment of the debts and expenses of the town.
General health. g 5^ -p^ make] regulations to secure the general health
of the inhabitants of the town, and to declare what shall
be a nuisance, and prevent or remove the same.
Wells, cisterns, g G. To provide the town with water ; to sink and keep
in repair wells and pumps in the streets, for the conveni-
ence of the inhabitants.
str'oeu'^"""^ °' ^ '^- '^^ open, alter, abolish, extend, grade, pave or
otherwise improve and keep in repair streets and alleys.
Bridges. § 8. To erect and keep in repair bridges.
Markets and g 9. To crcct market houses, to establish markets and
market places, and to provide for the regulatic-n and gov-
ernment thereof.
improTiDK 8 10. To provide for inclosing, improviufr and regula-
ting all public grounds belonging to the town.
AuciionecrB, g n. To Hccnse, tax and regulate auctioneers, hawkers,
peddlers, brokers and pawnbrokers.
Eihibitioua. ^ 12. To license, tax, regulate and suppress theatrical
and other exhibitions, shows and amusements.
Tippiins houses g 13. To prohibit and suppress tippling houses, dram
shops, gambling houses, bawdy houses and other disorderly
■tOWNS— INCORPOllA.TfiO. P^9<
houses; and to prohibit the sale of vinous, spirituout^,
mixed or malt liquors, or other intoxicating drinks.
§ I'i. To provide for the prevention and extinguish- Extinguishment
ment of fires, and to organize and regulate lire companies.
§ 15. To prohibit the running at large of hogs and
other stock ; to prohibit the keeping of any stallion or
jackass, and to regulate the same within the limits of said
town.
§ 16. To provide for the inspection and weighing of fJ^'P^/^^^°^gf^
hay and stone coal and the measurement of wood and fuel,
sold in said town.
§ 17. To provide for taking enumerations of the inhab- ceusus.
itants of said town.
§ 18. To regulate the election of town officers, and to Election of
provide for removing from office any person holding an of- oncers,
tice created by ordinance.
§ 19. To "fix the compensation of town officers, regulate compensation
the fees of jurors, witnesses and others, for services ren-
dered under this act or any ordinance.
§ 20. To regulate the police of the town ; to impose ^^^f'^ff^J^^
forfeitures, fines and penalties, for the breach of any ordi
nance, for the recovery and appropriation of such tines
and forfeitures and for the enforcement of such penalties :
Provided, that the right of trial by jury shall in no case
be denied to any person charged with a breach of any of
the provisions of this act or any ordinance.
§ 21. The town council shall have power, within the Biiuards, etc
limits of the corporation, by ordinance, to prohibit and sup-
press billiard tables and lotteries.
§ 22. The town council of said town of Cuba shall have ^^^X^^S!""^
power to make and enforce all ordinances necessary and
proper for maintaining and regulating good order and peace
in said town ; for the punishment of drunkenness or dis-
orderly or indecent conduct in said town ; for preserving,
protecting and keeping clean and passable the sidewalks,
crosswalks and pavements of said town, and for the regu-
lation and cleanliness of the streets, public squares and
grounds of said town, so that such ordinances are not re-
pugnant to nor inconsistent with the constitution of the
United States nor of this state.
§ 23. To suppress and prohibit the selling, bartering, Prohibit sale
•^j . 1 . n- 1 • '• • • • 1 J- of ardent spirits.
exchanging and trafficking in wmes, gm, rum, brandies,
whisky, beer or other intoxicating beverages, within the
limits of said town : Provided, they may allow it sold in
good faith for purely medicinal, mechanical or sacramental
purposes, but for no other purpose ; and said president and
trustees may regulate and license the sale of such liquors,
or any of them, in any manner not inconsistent with the
laws of this state.
§ 24. The town council shall have power to make and Euforee oidi
enforce all ordinances necessary and proper for carrying in
Yol. Ill— 88
nancs.
nances.
«)'dinauce3.
uanaes
698 fOWNS — mCOEPOBATED.
to effect all of the powers specified in this act, so that suck
ordinances are not repugnant to nor inconsistent with the
constitution of the United States nor of this state.
style of ordi- § 25. The stjlc of the ordinances of the town shall be,
^'^ Be it ordained hy the Town Council of the Town of
Cuba:'
Piibiicatioa of § 26. All Ordinances passed by the town council shall,
within one month after they should have been passed, be
published in some newspaper published in the town, or in
case no newspaper is published in the town, a certified copy
of said ordinances shall be posted at the post ofiice in said
town ; and it shall be competent to prove such publication
in all courts and places, either by the printer's certificate,
as in other cases, or by parol.
Proof of ordi- § 37. All Ordinances of the town may be proven by the
seal of the corporation, and when printed or published in book
or pamphlet form and purporting to be printed or published
by the authority of the corporation, the same shall be re-
ceived in evidence in all courts and places, without further
proof.
ARTICLE VJ.
Presiding officer SECTION 1. The president shall preside at all meetings
of the town council and shall have a casting vote, and no
other ; and in case of his non-attendance at any meeting,
the council shall appoint one of their number chairman,
who shall preside at that meeting.
Special meet- § 2. The president or any two members of the town coun-
iugs. cii may call special meetings of the town council.
Active and vi- § 3. The president shall be active and vigilant in en-
fOTmai'ce''of^du- foi'cing the laws and ordinances for the government of the
ties. town ; he shall inspect the conduct of all subordinate offi-
cers of the town, and cause negligence and positive viola-
tions of duty to be prosecuted and punished ; and he is
hereby authorized to call on any male inhabitant of said
town, over the age of twenty-one years, to aid in enforcing
the laws and ordinances thereof; and an}' person who
shall not obey such call shall forfeit and pay to said town
a fine not exceeding ten dollars.
Exhibit of ac- § 4. He shall have power, whenever he may deem it
couuts. necessary, to require of any officer of said town an exhibit
of his books and papers, and shall have power to do all
other acts required of lain by any ordinance made in pur-
suance of this act.
ARTICLE VII.
Pri vale prop- SECTION 1. Whenever it shall be neccssary to take pri-
keuKpeninl' vate property for opening oV altering any public street or
streets. alley, the corporation shall make just compensation to the
owners of such property, and pay or tender the same be-
TOWNS — INCOEPORATED. 699
fore opening or altering such street or alley, and in case
the amount of compensation cannot be agreed upon, the
police justice shall cause the same to he ascertained, by a
jury of six disinterested free holders of the town.
§ 2, When all the owners of property on a street or al- Petitions for
ley proposed to be opened or altered shall petition therefor, opemngetreeti.
the town council shall provide for opening or altering of the
same ; but no compensation shall be allowed to such
owners for their property so taken.
§ 3. All jurors impanneled to inquire into the amount Damages and
of benefits or damages which shall happen to the owners ''®°^^^^-
of property proposed to be taken for opening or altering
any street or alley, shall lirst be sworn to that effect, and
shall return to the police justice their inquest, in writing,
signed by each juror : Provided, alimys, in the assess-
ment of such damages the jury shall take into considera-
tion the benehts as well as injury happening to the owner
of property proposed to be taken for opening or altering a
street or alley by such opening or altering.
§ 4. The police justice shall have power, for good cause New inquest.
shown, within ten days after any inquest shall have been
returned to him, as aforesaid, to set aside the same and
cause a new inquest to be made.
§ 5. The town council shall have power, by ordinance, J^^g 'fo7 ^f.
to levy and collect a special tax on the holders of lots on provcmeuts.
any street or alley or any part of any street or alley, ac-
cording to the respective fronts owned by them, for the
purpose of paving or grading the sidewalks of such street
or alley.
ARTICLE VIII.
Section 1. The inhabitants of the town of Cuba are i^^jempt from
1 1 /■ 1 • 3 1 I ii '■o^'i labor be-
hereby exempted from working on anyroad beyond the yondtiieiimita.
limits of the town and from paying any tax to procure la-
borers to work on the same.
§ 2. The town council shall have the power, and it is i^^^^^^'^Xeu"!
hereby made their duty, when it may be necessary for the
purpose of keeping in repair the streets and alleys of said
town, to require every able bodied male inhabitant of said
town, over twenty-one years of age and under fifty, to labor
on said streets and alleys, not exceeding three days in each
year ; and any person failing to perform such labor, when
duly notified by the supervisor of said town, shall forfeit
and pay the sum of one dollar and fifty cents to said town
for each and every day so refused or neglected.
§ 3. The town council shall have power to provide for ^^^^l^^^^^""^
the punishment of oflenders against the ordinances of said
town, by imprisonment in such place as shall hereafter be
provided by council of said town, or in the county jail, not
exceeding thirty days for any one offense, in all cases where
700 TOWNS — INCORPOKATED.
the offender shall fail or refuse to pay the fines and for-
feitures which may be recovered against them.
Financial report § 4. The town councll shall causo to be published, an-
nually, a full and complete statement of all moneys receiv-
ed and expended during the preceding year, and on what
account received and expended,
oidordinances §5. All Ordinances and rcsolutions passod by the prcsi-
in fnii force, ^g^j. ^^^ trustecs of the town of Cuba shall remain in force
until the same shall have been repealed by the town coun-
cil hereby created.
Suits instituted § 6. All suits, actious and prosccutions, instituted, com-
n'ame/*'^''"'^^'^ meuced or brought by the corporation hereby created, shall
be instituted, commenced and prosecuted in the name of the
town of Cuba.
Actions vested § 7. All actions, fines, penalties and forfeitures, which
m corporation, have accrued to the president and trustees of the town of
Cuba, shall be vested in and be prosecuted by the corpora-
tion hereby created.
Vested property § 8. All property, real and pcrsoual, heretofore belonging
to the president and trustees of the town of Cuba, for the
use of the inhabitants of said town, shall be and the same
are hereby declared to be vested in the corporation hereby
created.
Rigiits not af- § 9. This charter shall uot invalidate any act done by
^°^^ ' the president and trustees of the town of Cuba, nor divest
them of any rights which accrued to them prior to the pas-
sage of this act.
Promulgation g iQ, The president and trustees of the town of Cuba
shall, immediately after the passage of this act, take mea-
sures to ])romulgate this law within the limits of the town
of Cuba, aud issue their proclamation for the election of
officers, and cause the same to be published, by posting a
notice thereof in three of the most public places in the town,
ten days previous to said election.
Appeals taken , § H. Appeals shall be ahowcd in all cascs arising un-
der the provisions of this act or of any ordinance passed in
pursuance of this act, to the circuit court of Fulton county,
and every such appeal shall be taken and granted in the
same manner and with like effect as appeals are taken from
and granted by justices of the peace to the circuit court, in
similar cases, under the laws of this state.
Office vacated. g 12. Whenever the police justice or town constable
shall remove from the town, resign or die. or his office shall
be otherwise vacated, the town council shall immediately
provide for filling such vacancy by an election.
Proof of act. g 13. This act is hereby declared a public act, and may
be read in evidence in all courts of law and equity in this
state, without proof.
Conflicting acts § 14. All acts or parts of acts coming within the pro-
repeaied. visions of this charter or contrary to or inconsistent with
its provisions are hereby repealed.
TOWNS — INCORPORATED.
701
§ 15. The town constable or any other officer authorized eonSio!'°° °^
to execute writs or other processes issued by the police
justice shall have power to execute the same anywliere
within the limits of Fulton county, and shall be entitled to
the same fees as other constables are in like cases.
§ 16. This act to take effect and be in force from and
after its passage.
Approved February 19, 1869.
AN ACT act to incorporate the town of Dakota. In force when
adopted by
legal voters
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 Dakota, in the county of Steph-
enson, and state of Illinois, are hereby constituted a body
politic and corporate, by the name and style of "The Name audatyie.
President and Trustees of the Town of Dakota;" and, by
that name and style, shall have perpetual succession, and
may have and use a common seal, which they may change
and alter at pleasure, and in whom the government of the
corporation shall be vested and by whom its affairs shall
be managed.
§ 2. The inhabitants of said town, by the name and corporate pow-
style aforesaid, may sue and be sued, impleaded, defend
and be defended, iu all courts of law or equity and in all
actions whatever ; and purchase, receive and hold property, ^
real and personal, within or beyond the limits of said town,
for burial ground and for other public purposes, for the
use of the inhabitants of said town, and may sell, lease and
dispose of property, real and personal, for the benefit of
said town, and improve and protect such property, and to
do all things in relation thereto as natural persons.
§ 3. The boundaries of said corporation to be the origi- Bouuciaries of
1 n-r-vi 1^1 ii'>i' ^^^ town.
nal town of Dakota, as surveyed and recorded m the cir-
cuit clerk's office of said county, with the following addi-
tion, described as follows : Commencing at a point where
the section line between section 25 and 36, town 28, range
8 east of the 4:th principal meridian, intersects the west line
of the town plat; thence west, on said section line, to the
quarter section corner bO rods east of northwest corner of
section 36 ; thence south, on said quarter section line, to a
point west of southwest corner of said town plat ; thence
east to said southwest corner : Provided, that the president
and trustees of said town shall, by ordinance, have the
privilege of enlarging the corporation to any distance, not
exceeding one mile square, by a three-fifth vote.
702 TOWNS — INCORPORATED.
Election of § 4. That there shall, on the first Monday of April
trustees. next, be elected five trustees, and on every first Monday
of April thereafter, who shall hold their offices for one
year and until their successors are duly elected and quali-
fied ; and public notice of the time and place of holding
such election shall be given by the president and trustees
of said town, by an advertisement published in a news-
paper of said town, or posting it up in at least three of
the most public places in said town — the first notice of elec-
tion to be given by Silas Yount, or by any of the qualified
voters of said town. John Brown, W. R. Auman, George
Walker, Silas Yount, or any three of them, shall prescribe
the manner in which the election or elections for the or-
ganization under this charter shall be conducted. No per-
son shall be elected trustee of said town who has not ar-
rived at the age of twenty-one years, and who has not
resided in said town one year next preceding his election, and
who is not at the time thereof a honajide freeholder in said
town, and, moreover, who has not paid a state or county
tax ; and all male inhabitants, of twenty-one years of age
and over, who have resided in said town three months pre-
ceding an election, shall be entitled to vote for trustees:
Provided^ that said male inhabitants have resided six
months in the township of Dakota, Stephenson county, Illi-
nois, preceding an election for said trustees ; otherwise they
shall have resided for six months in said town preceding said
election. And the said trustees shall, at their first meeting,
proceed to elect one of their own body president, and shall
have power to fill all vacancies in said board, which may
Vacancies filled be occasioned by death or resignation: Brovided^'dx^y?,-
by election. caucy shall not exceed three months. All vacancies which
shall occur for a longer time, the board shall give ten days'
notice that an election will be held for the purpose of fill-
ing such vacancy. The trustees shall be judges of the elec-
tion, qualifications and returns of their own members — a
majority of whom shall constitute a quorum to do business,
but a smaller number may adjourn from day to day and
compel the attendance of absent members, in such manner
and under such penalties as they may provide, and punish
their members for disorderly conduct, and by a vote of
three-fifths of the whole number elected, expel a member ;
and make such other rules and regulations, for their gov-
ernment, as to them may seem proper and expedient.
§ 5. The president and trustees of said town shall have
power :
fiepair streets. Fivst. — To causc all tho strccts and alleys and public
roads within the limits of said town to be kept in good
repair ; and, to this end, they shall require every male resi-
dent of said town, over the age of twenty-one years, to
labor on the same not to exceeding three days in each and
every year ; and, if such labor shall be deemed insufficient
I'OWNS — INOOEPOKATED. 703
for that purpose, to appropriate bo much from tLe general
funds of the corporation as they shall deem necessary there-
for.
Second — To make, construct and keep in repair side- construction of
walks or pavements in front of any lot or lots adjacent to ' "
any street or streets in said town, and to levy and collect a
tax, from time to time, uj)on the lot or lots in front of which
such sidewalks or pavements are or shall be ordered or pro-
posed to be made, constructed or kept in repair : Provided^
such tax shall be on such lots proportionate to the length of
their respective fronts ; and until the said president and trus-
tees shall i:)rovide, by ordinance, for levying and collecting
of said tax they shall enter upon the records of the corpo-
ration, whenever they desire to collect such a tax, a resolu-
tion that such tax shall be levied and collected, and the
number of the lot or lots upon which the tax is proposed
to be levied, and the amount upon each lot ; and a certified
copy of such resolution shall be filed in the ofiice of the /
clerk of the county court. It shall then be collected in the
manner provided in the ninth section of an act entitled
"An act to incorporate towns and cities," approved Feb-
ruary 10, 1849, for the collection of other corporate taxes.
Third. — To levy and collect taxes upon all property, real Power to levy
and personal, within the limits of said corporation, not ex- taxes. *^°"^'^
ceeding one-half per cent, per annum upon the assessed
valne thereof, and may enforce the payment thereof in any
manner, to be prescribed by ordinance, not inconsistent
with the constitution of the United States and of this state;
but until they provide by ordinance for enforcing the pay-
ment thereof, they shall be collected in the manner pro-
vided by the ninth section of the act aforesaid.
Fourth — To restrain, regulate or prohibit the running at Running at
large of any cattle, horse, sheep, swine, goats and other '"''^^°^""™"''
animals, and to authorize the distraining. Impounding and
sale of the same, and to prohibit any indecent exhibition
of horses or other animals.
Fifth — To prevent and regulate the running at large of Dogs at large,
dogs, and to authorize the destruction of the same when at
large contrary to any ordinance.
Sixth — To prevent horse-racing, or any immoderate rid- Past driving.
ing or driving within the limits of said town, of horses or
other animals ; to prohibit the abuse of animals ; to compel
persons to fasten their horses or other animals attached to
vehicles or otherwise, while standing or remaining in any
street, alley or public road in said town.
Seventh — To establish and maintain a public pound Public pounds.
appoint a ponndmaster and prescribe his duties.
Eighth. — To license, regulate and prohibit all exhibitions Exhibition.,
of common showmen, shows of every kind, caravans cir-
cuses and exhibitions and amusements.
.704: TOWNS— INCOBPOEATED.
Kiots, affrays Ninth. — To prevent, suppress and prohibit any riot, af-
and tumults. i\:^-s[^ disturbance or disorderly assemblages, assaults, as-
saults and batteries, or shooting within the limits of said
town.
Nuisances. Tenth, — To abate and remove nuisances, and punish the
authors thereof; and to define and declare what shall be
deemed nuisances, and to authorize and direct the sum-
mary abatement thereof.
Contagious dis- Eleventh. — To make regulations to prevent the intro-
eases. duction of coutagious diseases into the town, and to exe-
cute the same for any distance not exceeding two miles
from the limits thereof.
Combustibles. Tivelfth. — To rcgulato the storage of gunpowder and
other combustible materials.
Extinguisiiment Thirteenth. — To provide for the prevention and extin-
of flres. guishment of fires, and to organize and establish fire com-
panies.
Wells, cisterns, Fourteenth. — To provide the town with water for the ex-
^^^- tinguishment of fires, for the convenience of the inhabit-
ants.
PubUc grounds. Fifteenth. — To provide for inclosing, improving and
regulating all public grounds and other lands belonging to
said town.
Needful build- Sixteenth. — To provide for erecting all needful buildings
™^*' for use of said town.
Gamma: and Seventeenth. — To restrain and prohibit all descriptions of
vkef.'*^^^* ^^" gambling and fraudulent device, and to suppress and pro-
hibit billiard tables, ball-alleys and other gambling estab-
lishments.
Suppress dis- Eighteenth. — To suppress and prohibit disorderly houses
orderly houses. ^^ groccries and houses of ill-fame.
General health. Nineteenth. — To make all necessary regulations to secure
the general health of the inhabitants thereof.
Prohibit sale Tioentieth. — To suppress and prohibit the retailing or
of liquor. selling, bartering, exchanging and trafiic of any wine, rum,
gin, brandy, whisky, ale, beer or other intoxicating liquors,
within the limits of said town : Provided^ that they may
allow lonajide druggists to sell the same in good faith, for
purely medicinal, mechanical or sacramental purposes, and
for no other purpose.
intjehtedness. Twentij-jirst. — To appropriate and provide for the pay-
ment of any debt or expenses of the town, and to fix the
compensation of town oflicers.
Power to pass Tioentv-second. — To make all ordinances which shall be
necessary and proper lor carrying into execution the pow-
ers specified in this act or which they may deem necessary
or expedient for the better regulation of the internal police
of said town, and to execute the same, and to impose fines,
forfeitures and penalties for the breach of any ordinance
or any of the provisions of this act, and to provide for the
recovery and appropriation of such fines, forfeitures and
ordinances.
TOWNS — INCOKrORATED. 705
penalties I'or the breach of any ordinance or any of the
provisions of this act, and to provide for the recovery and
appropriation of such fines and forieitures and the enforce-
ment of snch penalties : Provided^ that in no case, except
in assaults and batteries, riots and affrays, shall any such
line or penalty exceed the sum of twenty-five dollars for
any one offense.
§ 6. That the president and trustees of said town shall -Appointment of
have'power to appoint a town constable for said town, '^""^ *
whose duty it shall be, when so appointed and sworn into
office, to execute^ anywhere in the county of Stephenson,
any suit, process and precept, which may bo issued against
person or persons for the violation oi any ordinance of said
corporation, and to arrest or view any and all persons who
may violate the same, and to take them before any justice
of the peace of said town, and to collect any fine, forfeiture
and penalty which may be assessed or recovered, for the
use of said town : Prc/Gided^ that any other constable may
execute any process issued by any justices of the peace by
virtue of this act. Also, to appoint a clerk, treasurer,
street commissioner, board of health, and all other officers
that may be necessary, and to prescribe their duties ; and
may require bonds from the several officers for the faithful
discharge of their duties.
§ 7. The president and trustees shall require their clerk, ^}^^^^ °'" '^^
and it shall be his duty to make and keep a full and faith-
ful record of all their proceedings, by-laws and ordinances, Rccoraofpro-
and of the time, place and manner of the publication of
such ordinances and by-laws in a book to be provided for
that purpose ; and such book, purporting to be the record
of the corporation of the town of Dakota, shall be received
in all courts, witliout further proof, as evidence of all such
matters as therein contained. And all ordinances, before
taking efiect, shall be published at least ten days in a news-
paper published in said town, or by posting up copies of
the same in three of the most public places in said town.
§ 8. Any fine, penalty or forfeiture, incurred under this fgi^'^gg *"\^°^
act or any by-law or ordinances made in pursuance of this recovered.
act or of any act which may be passed amendatory to this
act, may be recovered, together with costs, before any jus-
tice of the peace in the incorporate name; and the several
fines, forfeitures and penalties for breaches of the same
ordinances or by-laws, not exceeding one hundred dollars,
may be recovered in one suit ; and the first process shall
be a summons, unless oath or afiirmation be made for a
warrant by some credible person. But in all cases of as-
sault, assault and battery, affray or riot, a warrant shall be
issued for the arrest of the offender or offenders, in the
same manner as for like oft'enses against the laws of the
state. It shall be lawful to declare, generally, for debt, for
such fines, penalties or forfeitures, stating the clause of this
Vol. 111—89
706
TOWNS — INCORPORATED.
Execution to
issue on rendi-
tion of judgment
Officers fees.
Not to give se-
curity for cost.
Fines and pen-
alties paid to
treasurer.
Exempt from
road labor out-
side town.
Evidence of act.
Election for
adoption of the
charter.
act or the ordinance or by-law under which the same are
claimed, and to give the special matter in evidence under
the declaration ; and the justice shall proceed to hear and
determine the case, as in other cases. Upon the rendition
of judgment for any such fines, penalties or forfeitures, the
justice shall issue his execution for the same and costs of
suit, which may be levied upon any personal property of
defendant or defendants, not exempt from execution. If
the constable shall return upon such execution " no pro-
perty fimd," then the justice of the peace shall issue a ca-
pias against the body of defendant or defendants, and the
constable shall arrest such person or persons and commit
him or them to the jail of the county, to remain forty-eight
hours ; and if the judgment and costs exceed five dollars,
then to remain in close custody in said jail twenty-four
hours for every two dollars over and above said five dollars,
and so in proportion to the amount of judgment and costs:
Provided^ however^ if the said president or trustees, or their
attorney, shall require a transcript of the judgment and
costs to be certified to the clerk of the circuit court of the
proper county, to have the same levied upon real estate,
and signify the same in writing to him, he shall not issue
a capias, as aforesaid, but shall, without delay, certify a
transcript thereof, and all the proceedings thereof, accord-
ing to law, to such clerk, which shall be filed and recorded
as in other cases ; and such judgments 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 efiect,
rights and privileges to all parties, as in other cases.
§ 9. The justice of the peace and constable, who may
render services under this act, shall be entitled to the same
fees and collect them in the same manner as is or may be
hereafter provided by law in other cases.
§ 10. The president and trustees shall not be required,
in suits instituted under this act or ordinance passed by
virtue thereof, to file, before the commencement of any such
suit, any security for costs.
§ 11. All fines, forfeitures and penalties received or
collected for the breach of any ordinance of this act, shall
be paid into the treasury of said corporation by the officer
or person receiving or collecting the same.
§ 12. The inhabitants of said town are hereby exempted
from working on any road beyond the limits of the corpo-
ration and from paying any tax upon property within the
limits to procure laborers to work any such road.
§ 13. This act is hereby declared to be a public act, and
may bo read in evidence in all courts of law or equity
within this state, without proof.
§ 14. At the election to be held on the first Monday of
April next, as provided in the fourth section of this act, the
TOWNS — INOOEPOEATED. TO"
electors voting at said election shall write or print on their
ballots the words, " For incorporation," or "Against incor-
poration ;" and if, at said election, a majoritj of said voters
shall be " For incorporation," then this act shall be in force
and efl'ect ; otherwise void and inoperative.
§ 15. This act to take efl'ect from and after its passage.
Appeoved March 11, 1869.
AN ACT to incorporate the town of Dorchester and additions, in the county j^ foj-gg March
of Macoupin, in the state of Illinois, into a school district, and to au- 29, 1809.
thorize the inhabitants thereof to levy a tax for the purpose of building
and furnishing a school house.
Section 1. Be it enacted hy the Peoj)le of the ^State of
Illinois^ represented in the General Assembly^ That the conEtituted a
town of Dorchester and additions, in the county of Macon- ^'^^'^^^ district.
pin, in the state of Illinois, be and the same is hereby de-
clared a school district, and bounded as follows, to-wit:
Commencing at the northwest corner of lot numbered nine
(9), in Hayden's first addition to the town of Dorchester,
and to extend one-half mile east, west, north and south,
from the said above named lot, numbered nine, as aforesaid,
and that the inhabitants thereof be and they are hereby
authorized and empowered to levy a tax upon all the pro-
perty in said town, real and personal, not exceeding one
dollar and fifty cents on the one hundred dollars, to build
and furnish a school house.
§ 2. This act is hereby declared to be a public act, and
to be in force from and after its passage.
Approved March 29, 1869.
AN ACT entitled an act to incorporate the village of Elwood, of Will lu force June
county, Illinois. ^^' ^^^^•
ARTICLE I.
Section 1. Be it enacted hy the People of the Stats of
Illinois^ represented in the General Assembly^ That the in-
habitants of the town of Elwood, in Will county, and state
of Illinois, are hereby constituted a body politic and cor-
porate, by the name and style of ''The President and Trns- Nameandnyie,
tees of the town of Elwood ; " and, by that name and
style, have perpetual succession, and may have and use a
common seal, which they may change and alter at pleasure.
708 TOWNS — INCOKPOKATED.
Boundaries. _. § 2. The boundaries of the corporation hereby created
shall be to include the whole of the northwest quarter of
section twenty-nine (29), in township thirty-four (34), range
ten (10) east of third principal meridian, in said county of
"Will, and state of Illinois : Provided^ nevertheless^ that the
president and trustees of said town may extend the limits
of said corporation.
ARTICLE II.
Powersvested Section 1. The government of said town shall be vested
in council. jj^ a town council, wliich shall consist of a president and
four trustees, to be chosen annually by the qualified voters
of said town, who shall hold their offices for a term of one
year and until their successors are elected and qualified.
Qualifications § 2. 1^0 pcrson shall be a member of said town council
oi members. ^luless he is an actual resident of the town at the time of
his election and a legal voter and a freeholder therein.
Office vacated. § 3. If any member of the town council shall, during
his term of office, remove from the town or dispose of his
freehold his office shall thereby become vacant.
Election returns § 4. The town council shall judge of the qualifications,
elections and returns of its own members : Provided^ the
election of any trustee may be contested in the same man-
ner as is provided by law for contesting the election of su-
pervisor.
Qnornm. § 5. A majority of the town council shall constitute a
quorum to do business, but a smaller number may adjourn
from day to day and compel the attendance of absent
members, under fines and penalties as may be prescribed by
ordinance, and shall have power to determine the rules of
its own proceedings, punish a member for disorderly con-
duct, and, with the concurrence of three-fourths of their
number, expel a member.
Journal of pro- R 6. The towu couucil shall keep a iournal of its pro-
ceedings- " T i J X
ceedmgs.
Oath of office. g 7, Each and every member of the town council, be-
fore entering upon the duties of his office, shall take and
subscribe an oath, before a justice of the peace or any other
person authorized to administer oaths in said county, that
he will support the constitution of the United States and of
the state of Illinois, and that he will faithfully perform the
duties of his office, according to the best of his ability; and
there shall be at least one regular meeting of said council
in each month, at such times and places as may be designa-
ted by ordinance.
Tie vote, how g 8. Whenever a tie shall occur in the election of a
member or members of the town council, the judges of
election shall certify the same to the justice of the peace
of said town, hereinafter provided for, who shall determine
TOWNS — INCORPORATED. T09
the same in such manner as is now provided for by the
general laws of this state in such cases.
ARTICLE III.
Section 1. On the first Monday of March, A. D. 18G9, Election of
shall be held in said town of Elwood, for the election of *™'*^^'^*'-
president and four trustees, and forever thereafter on the
first Monday of March of each year, an election shall be
held for said officers.
8 2. On the first Monday of March, A. D. 1869, an Election of
election shall be held in said town of Elwood for an elec- justices of peace
tion of a justice of the peace and constable for said town,
who shall hold their office for four years and until their
successors are elected and qualified.
§ 3. For the election of a justice and constable, the Territory de-
said town of Elwood, as herein defined or as may be ex- uonprecinci.*^'^'
tended hereafter or limited by ordinance, shall constitute
an election precinct ; and the first election of said oflicers
shall be held on the first Monday of March, A. D. 1869.
And the present trustees of said town, holding their ofiice
by virtue of the general laws of this state, shall be judges
of said election, conducted and returns made as is now pro-
vided for the election of justices and constables by statute,
whose jurisdiction shall be the same as other justices and
constables in this state.
§ 4. Any persons who are entitled to vote for state of- Qualifications
ficers by the laws of this state and who shall have been °^^'^'^*°'"'^-
actual residents of the said town thirty days next preceding
any election held under the provisions of this act, shall be
entitled to vote at any such election.
ARTICLE IV.
Section 1. The town council shall have power and au- Levy and coi-
thority to levy and assess and collect a tax or taxes upon ^^^ ^^^^^'
all property, real, personal and mixed, within the limits of
said town, which is now or may hereafter be subject to tax-
ation for state and county purposes, not exceeding one per
cent., per annum, upon the assessed value thereof, and
levy and enforce the collection of the same by any ordi-
nance not repugnant to the constitution of the United' States
of America or of this state.
§ 2. The town council shall have power to appoint a Appomtmen
clerk, treasurer, assessor and street commissioner, and all ** ° '^^'^^'
such ofiicers as may be by them judged necessary for car-
rying into eff'ect the power conferred upon said corporation
by this act, and to require them to give such bonds, with
such security, and take such oaths, as may be deemed ne-
cessary to insure the faithful performance of their respec-
tive duties, before entering upon the discharge of the same,
and who shall possess the same qualifications as are re-
quired of the town council.
710 TOWNS INOOEPORATED.
Indebtedness. § 3. Also, to appropriate money and provide for the
payment of tlie debts and expenses of the town.
General health. | 4:. To make regulations to secure the general health
of the inhabitants of the town, to declare what shall be
considered a nuisance and to prevent and remove or abol-
ish the same.
improvementof 8 5. To Open, aboUsh, widcn, alter, extend, establish,
streets and al- '^ n i.i, • • j i • •
leys. grade, pave or otherwise improve and keep in repair,
streets, alleys and lanes in said town, and erect, maintain
and keep in repair bridges, drains and sewers, within the
corporate limits of said town.
Levy special tax § 6. The town council shall have power to levy and
collect a special tax on the owners of lots on any street or
part of a street, according to their respective fronts, for the
purpose of making, grading or repairing the sidewalks on
said street or part of a street: Provided, th&t the lot in
front of which any sidewalk is made, shall be taxed to pay
at least one-half of the expense of making such sidewalk,
in addition to the regular tax, which shall be assessed and
collected in the same manner as other taxes are.
onruors^ ^^^^ § '^' To license, tax, and regulate or prohibit the selling,
iquors. exchanging and traffic of any wine, rum, gin, brandy,
whisky, ale, porter, beer, cider or other malt, mixed or in-
toxicating liquors within the limits of said town : Promded,
always, that bona fide druggists be allowed to sell the same,
in good faith, for mechanical, chemical and sacramental
purposes.
Puhiic grounds. § 8. To inclosG, regulate, improve and ornament the
public grounds of the town.
Exhiiiitionfi. § 9. To licciise theatrical and other exhibitions.
stock at large. § 10. To restrain cattlc, shccp and liogs from running
at large.
^ Eunuing at § 11. To prevent the running at large of dogs, and to
large oi dogs, provide for the destruction of the same when running at
large contrary to ordinance.
Election of offi- § 12. To regulate the election of town officers, define
their duties, fix the fees and compensation of town officers,
jurors, witnesses and others, for services rendered under
the provisions of this act, and to provide for the removal of
any officer holding an office created by any ordinance.
offendw^™'' °' § ^^' "^^ provide for the punishment of persons who
may at any time distract the peace of the inhabitants of
said town or the deliberations of the proceedings of any
public meeting of said inhabitants or of the town council
while in session.
Regulate police. § 13. To rcgulatc the police of the town, to impose
fines, penalties and forfeitures for the breach of any ordi-
nance, and to provide for the recovery and appropriation
of such fines and forfeitures and the enforcement of such
penalties: Provided, in all cases the right of trial by jury
shall be allowed to any person charged with a breach of any
cers
TOWNS — mCOEPOEATED. 711
of the provisious of this act, or any ordinance made in pur-
suance of this act.
§ 15. The town council shall have the power to make Enforcing ordi-
and enforce all ordinances which may be necessary and i^i^^es.
proper for carrying into efiect all the power specihed in
this act or as the good of the inhabitants of said town may
require, so that the ordinances are not repugnant to or in-
consistent with the constitution of the United States or of
this state.
§ 16. The style of ordinances of the town shall be, style of ordi-
'"'■Be it ordained by the President and Trustees of the Town '^'^'^'^^^■
of Elwood ; " and all ordinances shall, after they are
passed, be published in some newspaper published in said
town, or made known, by posting copies of the same in
three public places in said town ; and the certificate of the
publisher of said newspaper or of the clerk of the town, un-
der the seal of the corporation, shall be prima facie evi-
dence of such ordinance and of its publication ; and no ordi-
nance shall take effect until published or made known as
aforesaid.
§ 17. All ordinances may be proven by the seal of the Evidence and
town, and when printed and published in book or pam- '^'°° °"
phlet form, and purporting to be printed or published by
authority of the town of Elwood, the same shall be received
as evidence in all courts and places, without further proof.
ARTICLE V.
Section 1. The president shall preside at all meetings Presidmg officer
of the council, when present, and, in case of his absence at
any meeting, the council shall appoint one of their number
chairman, who shall preside at that meeting.
§ 2. The president or any two members may call special . special meet-
meetings of the council. ^°^^ '^^ ^ '
§ 3. The president shall be active and vigilant in en- Duties of the
forcing the laws and ordinances for the government of the ^'^*^' ^^'
town. He shall inspect the conduct of all subordinate of- Enforcement of
iicers, and cause negligence or willful neglect to be pun-
ished. He shall have power and authority to call on all
male inhabitants of said town, over the age of eighteen
years, to aid in enforcing the laws and ordinances ; and
any person who shall fail or refuse to obey such call shall
forfeit and pay to said town the sum of ten dollars.
S 4. He shall have power, whenever he may deem it inspection of
necessary, to require oi any oihcer ot said town an exhibit
of his books and papers, and shall have power to do all
other acts required of him by any ordinance made in pur-
suance of the terms of this act.
books.
712 TOWNS — INCORPORATED.
ARTICLE VI.
Justice of peace SECTION 1. The justicG of the peace hereinbefore pro-
byTh^gemiior. vicled for shall be commissioned by the governor of this
state, and he shall have and exercise the same power, au-
thority and jurisdiction as is conferred by law upon other
justices of the peace of this state, and shall have and pos-
sess the same qualifications as is required for a member of
the town council by section two of article two hereof, and
who shall give bond and qualify, in all respects, as the jus-
tices of the peace are required by law to do.
_ jurisdicUonof § 2. The JHstice of the pcace hereinbefore provided for
justices of peace ^^igiW have jurisdiction to extend over the entire county of
Will, and in all cases where the amount claimed does not
exceed one hundred dollars.
§ 3. He shall be a conservator of the peace for said
town, and he shall have exclusive jurisdiction in all cases
arising out of or under the ordinances of the corporation,
and shall receive the same fees and compensation allowed
for similar services under the laws of this state to other jus-
tices of the peace. And for any willful, corrupt malcon-
duct, oppression or partiality or palpable omission of duty
in his said office, may be indicted in the circuit court of Will
county, and, upon conviction, shall be fined not exceeding
one hundred dolla.is. And the court shall have power to
' make his removal from office part of his judgment.
Jurisdiction of g 4. Tbc towu constablc elected uudcr the provisions of
this act shall have power and authority to execute all pro-
cesses issued for the breach of any ordinance of said town,
and for that purpose his power shall extend over the county
of Will, and he shall have the same power, jurisdiction and
authority, within the limits of said county, as other consta-
bles, in all cases, possess, under the laws of this state, and
shall give bond and qualify as the said board shall by ordi-
nance prescribe,
determined ^°^ § ^' ^^ ^'^^ or moro pcrsous shall reccive an equal num-
ber of votes for justices or constable, the town council shall
determine the same by lot, in such manner as may be pre-
scribed by ordinance.
Arrest, with or § 6. The Said constablc shall be authorized to arrest all
■withoutlprocess - . '•^ . j_ i t n • i i.
persons, on view, without warrant, who shall violate any
of the provisions of this act or any of the ordinances of said
town made in pursuance thereof, and take him or them be-
fore the justice of said town, to be tried and punished, if
found guilty, according to the provisions of such act or or-
dinance.
Ex offlciocoi- § 7. He shall, ex officio, be collector of said town, and
lector. shall give such bond as the laws of this state require.
Absenceofthe §8. In casc of the abscuce, inability or refusal to act of
tr°ate? ™*-^''" Said justicc or of said constable, any justice of the peace
having an office in said county, or any constable of said
TOWNS — INOORPOBATED. 713
county of Will, shall have power and authority to hear and
determine all cases which may arise, by ordinance of said
town, or to execute all processes and writs which may be
issued, in the same manner and with like effect as the jus-
tice and constable of said town herein provided for.
§ 9. In all cases arising under the ordinances of said Appeal taken,
town, changes of venue and appeals shall be allowed, as in
other cases before justices of the peace ; and the said cor-
poration shall be allowed to appeal in any case in which
they are parties.
ARTICLE VII.
Section 1. Whenever it shall be necessary to take pri- P"^^« i""°p-.
vate property for opening or altering any public street or fiprovement of
alley in said town, the corporation shall make, first, just etc^^^^' ''"°^'*'
compensation to the owners of said property, and pay or compensation,
tender the same, before opening the same ; and in case the
amount of snch compensation cannot be agreed upon, the
same shall be ascertained by six disinterested freeholders
of said town, who shall be summoned by the justice of the
peace of said town for that purpose.
§ 2. The said jurors, so impanneled to ascertain the Jury to esti-
damages which will be sustained by the opening or altering "^^i^ damages. .
of any street or alley, by any person or persons, so owning
property, shall first be sworn to that effect by said justice,
and shall return to him their inquest, in writing, signed by
each of said jurors, and by him laid before the council at
their first meeting thereafter ; and either party may appeal
to the circuit court of Will county, in such manner and
upon such terms as may be prescribed by ordinance.
§ 3. In the assessment of such damages, the jury shall Beueflts aad
take into consideration the benefit as well as the injuries of
the parties to be taxed for opening or altering a street or
alley by such opening or alteration.
ARTICLE VIII.
Section 1. The inhabitants of the town of El wood are Exempt from
hereby exempted from working on anyroad beyond the side town limus?
limits of the town and from paying any taxes to procure la-
borers to work upon the same.
§ 2. The town council shall have the power ? id it is inhabitants to
hereby made their duty, when it is necessary for he pur- lu^/sretc"^^^^'
pose of keeping in repair the streets of said tow i, to re-
quire every able-bodied male inhabitant of said town, over
twenty-one years of age and under fifty, to labor on sal
streets and alleys, not exceeding three days in each year ;
and any person failing to perform such labor, when duly
notified by the street conmissioner of said town, shall for-
feit and pay the sum of one dollar and fifty cents to said
town, for each and every day so refused or neglected.
Vol III— 90
T14 -TOWNS — INCOEPORATED.
Statement of § 3. TliG town council shall cause to be published, annu-
SxpeldJdf*^ ally, a full and complete statement of all money received
and expended, during the preceding year, and on what ac-
count received and expended.
Ordinances to § 4. All Ordinances and resolutions passed by the presi-
veU^'afed^^ """^'^ dent and trustees of the town of Elwood shall remain in
full force until the same shall have been repealed by the
town council hereby created.
Suits vested in § 5. All suits for fincs or penalties, in and for violation
corporation. ^^ ^^^ Ordinance, shall be in the name of the town of El-
wood ; and the town council shall have power to regulate,
by ordinance, the form and nature of the first and any sub-
sequent process and the mode of executing the same.
Not to give se- § 6. The Corporation hereby created shall not be re-
ciuity for cost, qyjred, in any suit brought for a violation of any ordinance
of said town, to file, before the commencement of any suit
or during the pendency thereof, any surety for cost.
Moneys go into § 7. All fiues and forfeitures collected for penalties in-
to\vu treasury, quired within the limits of said town, shall be paid into the
treasury of said town by the officer collecting the same.
Approved March 25, 1869.
i^'^'i^SBa^ -^^ ACT to incorporate the town of Evansville, in the county of Randolph,
and state of Illinois.
ARTICLE I.
Section 1. Be it enacted hy the People of the State oj
Illinois^ represented in the General Assembly. That the
inhabitants and residents of the town of Evansville, in the
county of Randolph, and state of Illinois, be and they are
hereby constituted a body politic and corporate, by the name
Name and style, and stvlc of the " Towu of EvausviUe ; and, by that name,
shall have perpetual succession ; and may have and use a
common seal, which they may change and alter at pleas-
ure ; have power to sue and be sued, plead and be im-
pleaded, in all courts and places where justice is adminis-
tered, in all actions whatsoever ; to purchase, receive and
hold property, both real and personal, within and beyond
the limits of said town, for burial grounds and other cor-
porate purposes; to sell, lease and convey property, real
and personal, for the use of said town ; to protect and im-
prove any such property, as the public good may require.
Boiindaiiee. § 2. The boundaries of said corporation shall be as
follows, to-wit : Commencing at the southeast corner of
section thirteen (13), township five (5) south, of range
eight (8) west of the third (3) principal meridian, Randolph
county, Illinois ; running north 20 chains ; thence west,
TOWNS — INOOBPORATED. 715
to the Kaskaskia river ; and, also, from the point of corn- '
mencing south 20 chains ; thence west, to the Kaskaskia
river ; thence, up the said river, to intersect the first men-
tioned westward running hue, inchiding all the territory
embraced in said boundaries.
§ 3. Whenever any tract of land adjoining the town of AdditioBaiter-
Evansville shall be laid off into, lots and recorded accord-/»°'y *^^'^<^^'^-
ing to law, the same shall be annexed to and form a part of
the town aforesaid.
ARTICLE II.
Section 1. The government of said town shall be Government
vested in five trustees, to be elected annually by the quali- of mfstees^"*'^'^
tied voters of said town ; and no person shall be a trustee
of said town who has not arrived at the age of twenty-one
years, and who has not resided in said town one year next
preceding an election, and who is not a citizen of the Uni-
ted States ; and the said trustees shall, at the first meeting,
proceed to elect one of their number a president, and shall^
have power to fill all vacancies in said board which may
be occasioned by death, resignation or removal : Provided^
the vacancy shall not exceed three mouths.
§ 2, The board of trustees shall determine the qualifi- Q.uaimcations
cation of its own members and all cases of returns and elec- °^ ™^™''«''^-
tions of their own body. A majority shall constitute a
quorum, but a smaller number may adjourn from time to
time and compel the attendance of absent members, under
such penalties as may be prescribed by ordinance ; shall
have power to determine the rules of their own proceed-
ings, punish a member for disorderly conduct, and, with the
concurrence of three-fifths, expel a member.
§ 3. Each of the trustees shall, before entering upon oath of office,
the duties of his office, take an oath to perform the duties
of his office to the best of his knowledge and ability [and]
to support the constitution of the United States and of this
state ; and their shall be at least one regular meeting of
said trustees in each month, at such time and place as may
be prescribed by ordinance.
ARTICLE III.
Section 1. There shall be elected in the town of Evane- , Election for
• 11 I 1 I'u 1 1 /• 1 • -• r 1 jnstlce ana con-
ville, by the quaiined voters thereof, on the first Monday stable,
of May, 1869, and on the first Monday of May, annually,
forever thereafter,^a police magistrate and a town constable,
who shall hold their respective oftices for four years and
until their successors shall be elected and qualified.
§ 2. i>Jo person shall be eligible to the office of police EUtjihiiuy of
magistrate or to the oflice of town constable who shall not F°ate!' ™'^""
have been a resident of the town one year next preceding
his election, or who shall not be a citizen of the United
States.
716 TOWNS — INCOEPORATED.
Deeiared an § 3. For the election of five trustee8, a police magis-
onpreeinc ^^^^^ ^^^^ ^ towii constablc, the town of Evansville is here-
by declared an election precinct.
commission of § 4. The police magistrate shall be commissioned by
Urates, ™'*"'^" the governor of the state of Illinois as a justice of the peace,
and, as such, shall give bond and take and subscribe the
same oath of office as other justices of the peace, and, as
such, shall be a conservator of the peace for said town, and
shall have power to and authority to administer oaths, issue
writs of processes, to take depositions and acknowledg-
ments of deeds, mortgages and other instruments of writing,
and certify the same as other justices of the peace, and he
shall have exclusive jurisdiction of all cases arising under
the ordinances of the corporation, and concurrent jurisdic-
tion, power and authority arising in all cases whatsoever
with other justices of the peace, under the laws of this state,
and shall be entitled to the same fees for his services as
other justices of the peace in similar cases : Promded^ that
upon the necessary oaths being made by the defendant,
•as required by law governing justices of the peace, a
change of Avenue shall be granted, in all cases, from the
police magistrate of the town to the nearest justice of the
peace, who is hereby invested, in such cases, with all the
authority of the police magistrate, and he shall proceed to
try the same : Provided^ also^ that in the event of the ab-
sence, sickness, death or resignation of the police magis-
trate, the next nearest justice of the peace of liandolph
county to be invested with all the powers conferred upon
the police magistrate by the provisions of this act.
jurisdicfionof § 5, The towu constablc shall have the samc powcr and
©nstaWe. ^ . . , - • •^ n -..r^ : in
authority, rights and privileges and qualmcations, shall
have the same jurisdiction, and be entitled to the same
fees, and be liable to the same penalties, as constables now
are or may hereafter be, under the laws of this state, and
shall be placed under such bonds, conditioned for the faith-
ful performance of the duties of his office, as may be pre-
scribed by ordinance of the corporation hereby created.
tmtes!^^ "^^^' § 6- Iq case the police magistrate shall, at any time, be
Penalty for guilty of palpable omission of duty or shall willfully or
neglect of duty, corruptly be guilty of corruption or oppression, malconduct
or partiality, in the discharge of the duties of his office, he
shall be liable to be indicted in the circuit court of Ran-
dolph county, and, on conviction, shall be lined in any
sum not exceeding live hundred dollars, and removal from
office.
ARTICLE lY.
trSS.""" °' Section 1. On the iirst Monday in May, 1869, an
election shall be held in the town of Evansville, for five
trustees, and on the first Monday of May of each year.
TOWNS — INCORPORATED. 717
forever thereafter, an election shall be held for the elec-
tion of said trustees, who shall hold their othces for one
year and until their successors are elected and qualified ;
and on each annual election of iive trustees, police magis-
trate and town constable for said town, the election shall
commence at ten o'clock, A, M., and close at four o'clock,
r. M., of said day : and, for said first election, Thomas E.
Taylor, N^icholas Saner, Pauhis Bantler, Kemp A. Greer
and William Long, are hereby constituted corporate trus-
tees of said town.
§ 2. It shall be the duty of the trustees hereby consti- Time and place
tuted, or any three of them, to give at least ten days' no- ^ffi^*'*®*^'-'''"^-
tice of the time and place of holding said first election, by
posting up notice in at least three public places in said
town ; to be judges of said first election, to appoint their
own clerks, receive and canvass the votes, declare the result,
furnish to each person elected a certificate of his election,
certify the vote for police magistrate and town constable,
to the clerk of the county court of Kandolph county, and
lay the poll books of such elections before the board at its
first meeting. All subsequent elections shall be held and
conducted and returns made as may be provided b}^ ordi-
nance.
§ 3. A failure to hold said first election on the first ^^f\"je t^^JJ*
Monday in May, in the year 1869, shall not work a forfei- act.
ture of this charter, but said first election may be held on
any day after the first Monday in May, 1869, by giving
ten days' notice, and conducting the same as prescribed in
section 2 of article 4 of this charter.
§ 4. If two or more persons shall receive an equal num- Tie vote, how
ber of votes for police magistrate or town constable, the
board shall proceed to determine the same by lot ; and
when there shall be a tie in election of members of the
board of trustees, the judges of election shall certify the
same to the police magistrate, who shall determine the
same by lot, in such manner as may be prescribed by ordi-
nance ; and all contested elections shall be determined as
prescribed by ordinance.
§ 5. All persons who are entitedl to vote for state or QuaUflcations
county officers, under the laws of this state, and have re- *'^ ^°*^"'
sided in said town sixty days next preceding an election,
shall be entitled to vote for all officers to be elected under
the provisions of this act.
ARTICLE V.
Section 1. The board of trustees shall have power and ^^f J^ ^^f fas**'"
authority to levy and collect taxes upon all property, real *^ """
and personal, within the limits of the law, not exceeding
one-half per cent., per annum, upon the asssessed value
thereof, and may enforce the payment of the same in any
718
TOWNS — mOOEPOEATBD.
Appointment of
officers.
Appropriation
for expenses.
GeDeral health.
Provide water.
Alteration of
streets.
Auctioneer?,
peddlers, etc.
Exhibitions.
Ferries.
Sale of liquors.
matiner, to be prescribed by ordinance, not repugnant to
the constitution of the United States and of this state ; and
the board of trustees is hereby authorized and empowered
to provide for the sale of personal property for the taxes
due thereon, in such manner as may be provided by ordi-
nance : Provided^ said ordinances are not inconsistent with
the constitution of the United States or of this state.
§ 2. The board of trustees shall have power to appoint
a clerk, treasurer, assessor, supervisor of streets, pound-
master, town weigher, and all other officers as may be
necessary, and prescribe their duties, and to require of
all officers appointed in pursuance of this charter, bonds
with such penalties and securities for the faithful perform'
ance of the duties of their respective offices as may be
deemed expedient; also, to require all officers appointed'
as aforesaid, to take an oath for the faithful performance of
the duties of their respective offices, before entering upon
the discharge of the same.
§ 3. To appropriate money and provide for the pay-
ment of the expenses of the corporation ; and all moneys
arising from fines, forfeitures and penalties, for breach of
any ordinance of the said town of Evansville, and all
moneys arising from licenses, taxes and assessments, and
all moneys borrowed by the board of trustees, shall be paid
into the town treasury, and go to the use of the inhabitants
of the said town of Evansville, in their corporate capacity,
to be appropriatedjand expended by the board of trustees for
the advancement, improvement and benefit of said town.
§ 4. To make regulations to secure the general health
of the inhabitants of said town ; to prevent the introduction
of contagious diseases into the town, and to make laws for
that purpose, and to enforce the same within one-half mile
of said town.
§ 5. To provide the town with water ; to sink and keep
in repair wells and pumps in the streets, for the convenience
of the inhabitants.
§ 6. To extend, alter, grade, open or otherwise improve
and keep in repair, streets and alleys, and remove obstruc-
tions therefrom, and to construct and keep in rejDair bridges.
§ 7. To license, tax and regulate auctioneers, bankers,
teamsters, brokers, draymen, peddlers, pawnbrokers and
money changers.
§ 8. To license, tax and regulate theatrical and other
exhibitions, shows and amusements,
§ 9. To license, tax and regulate the ferry across the
Kaskaskia river, at the said town of Evansville, and the
ferriage thereof.
§ 10. To license, tax and regulate the selling, exchang-
ing and traffic of any wine, rum, gin, brandy, whisky, ale,
beer, porter, cider or other intoxicating liquors, within the
limits of said town, as may be provided by ordinance : Pro-
TOWNS — INCORPORATED. 719
vided^ that said ordinance be not inconsistent with the laws
of the state ; and that no license shall be granted to extend
beyond the period when the successors to the board grant-
ing the same shall be elected and qualified.
§ 11. . To provide for the inspection and weighing of inspection ot
hay, the measuring of firewood and other fuel, to be used coJi. """^ ^'°"®
or sold ill said town.
§ 12. To provide for the extinguishment and preven- Extinguishment
tion of fires ; to organize and regulate tire companies.
§ 13. To regulate the fixing of chimneys and the flues chimneys, etc.
thereof.
§ 14. To prevent the running at large of dogs, and to Dogs at urge.
provide for the destruction of the same when running at
large contrary to ordinance.
§ 15. To regulate the storage of tar, pitch, rosin, gun- combuBtibiea.
powder and other combustible materials.
§ 16. To prevent the firing of guns and other combusti- Fire-arms,
bles or firearms within the limits of said town ; to prevent
and restrain loud and unbecoming, profane or indecent
language or other disorderly conduct in said town.
§ 17. To restrain, regulate and prohibit the running at i^i.^^'Jf/'Ji^i.gee
large of cattle, horses, sheep, swine, goats and other animals, and cattle.
and to authorize the distraining, impounding and sale of the
same, and to prohibit any indecent exhibition of horses and
other animals.
§ 18. To prevent horse-racing or any immoderate ri- Horse-racing
ding or driving within the limits of said town of horses or audfastdming.
other animals ; to compel persons to secure their horses
and other animals, attached to vehicles or otherwise, while
standing or remaining in any street, alley, or public road in
said town.
§ 18. To establish and maintain a public pound, ap- Pui.iic pound.
point a pound master and prescribe his duties.
§ 20. To define and declare what shall be deemed Abate nuisaueea
nuisances ; to punish the authors thereof, to authorize and
direct the summary abatement of nuisances and the remov-
al of the same one-half mile from the boundaries of said
town.
§ 21. To erect market houses, to establish markets and -Markets and
market places, and provide for the regulation thereof.
§ 22. To provide for inclosing and improving and regu- PubUc i^rounds.
hiting all public grounds belonging to the town.
§ 23. To borrow money on the credit of the town : May borrow
Provided^ that no sum of money shall be borrowed at a ^^"''y-
greater interest than ten percent., per annum, nor shall the
interest on the aggregate of all the 6um3 borrowed and
outstanding ever exceed one-half of the town revenue aris-
ing from taxes assessed on real property within the limits of
said corporation, and unless a majority of the legal voters
of said town shall vote for the same.
^20 TOWNS — mCOEPOEATED.
Eieotion of offl- § 24:. To regulate the election of town officers, and to
°°"' provide for removing from office any person holding an
office created by ordinance.
Census. § 25. To provide for taking enumeration of the inhabi-
tants of the town,
compeusation § 26. To fix the Compensation of town officers, except
01 officers. ^-^^^ ^^ police magistrate and town constable ; to regulate
the fees of jurors, witnesses and others, for services ren-
dered under this act or by ordinance : P7'ovided, that in
no case shall any member of the board of trustees receive
any compensation for their services, but shall be exempt
from road labor or serving on juries.
Calaboose. § 2T. The board of trustees shall have power to erect
in the town of Evansville a calaboose, for the confinement
and punishment of persons guilty of violation of the ordi-
nances of the corporation hereby created, and for the pur-
pose of confining persons under arrest for the violation of
ordinances of the corporation, when trial is delayed.
Enforcement oj § 28. The board of trustccs shall have power to make
laws. ^^^ enforce all ordinances necessary to preserve good order,
government and harmony in said town, and to punish of-
fenders, by fine or imprisonment in the town calaboose, or
both, or by work on the streets in said town, at the rate of
one dollar per day, in all cases where such offenders shall
fail or refuse to pay the fines and forfeitures which may be
recovered of them : Provided, that such ordinances are not
inconsistent with the constitution of the United States or
this state.
/ Publication of § 29". All Ordinances passed by the board of trustees
ordinance?. shall, within One month after they shall^have passed, be pub-
lished in some newspaper in said town ; in case no news-
paper is published in said town, they are to be published in
some other way, to be provided for by ordinance, and shall
not be in force until they shall have been published as
aforesaid for the period of ten days.
style of ordi- § 30. The Style of the ordinances of the town shall be,
"^e it ordained ly the Fresident and Board of Trustees
of the Toimi of Evansville.''''
Evidence of § 31. All Ordinances of the towu may be provcu by the
laS °^ °'^'" seal of the corporation, and when printed or published in
book or pamphlet form, purporting to be printed or pub-
lished in book or pamphlet form by the authority of the
corporation, the same shall be received as evidence in all
courts and places, without further proof.
ARTICLE VI .
Present trns- SECTION 1. The present trustees of the town of Evans-
tees to continue, ^jiig Q\x2i\\ continue in office and exercise all the powers of
trustees, as granted by this act, until the first Monday in
May, 1869, and until their successors are duly elected and
qualified.
TOWNS — INCORPOKATED. 721
§ 2, The board of trustees shall keep a journal of its Joamai of pro-
proceedings, which shall always be subject to inspection of *^*^® '"'''*■
the citizens of the town,
§ 3. The said trustees and their successors in office I'owersandpri-
shall and may exercise all and singular the corporate powers ^'-^s^^-
, granted to incorporated towns by chapter twenty-iive of
the Revised Statutes, relative to the incorporation of towns,
and also by the several acts amendatory thereto, and all
powers granted by any general law relative to incorpora-
ted towns.
§ 4. The president shall preside at all meetings of the PresidiDg officer
board, and shall have the casting vote, and no other. In
any case of his non-attendance at any meeting of the board,
the board shall appoint one of their number chairman, who
shall preside.
^ 5. The president or any two members of the board . special meet-
may call special meetings of the board.
§ 6. He shall have power, when he shall deem neces- Exhibit books
" . ,. /,-. ,. • 1 1 •! •. -•! • and papers.
sary, to require oi any omcer of said town an exhibit of his
books and papers, and shall have [power] to do all other
acts required of him by any ordinance made in pursuance
of this act.
ARTICLE VII.
Section 1. Whenever it shall be necessary to take pri- erfy^Yaken'^for
vate property for opening or altering any street or alley, openug streets.
the corporation shall make just compensation to the owner
or owners thereof, and pay or tender the same, before
opening or altering such street or alley ; and in case the
amount of such compensation cannot be agreed upon, the
police magistrate shall cause the same to be ascertained by
jury of six disinterested freeholders of said town.
§ 2. Whenever all the owners of property on uuy Petition foi-
street or alley proposed to be opened or altered shall pe- '^p®°°^ ^ "® *■
tition therefor, the board of trustees shall provide for the
opening or altering the same ; but no compensation shall be
allowed to such owners for their property so taken. All
jurors impanneled to inquire into the amount of benefit
or damages which shall happen to the owners of property
proposed to be taken for the opening or altering any street
or alley, shall first be sworn to that effect, and shall re-
turn to the police magistrate their inquest, in w^riting,
signed by each juror : Provided, akvays^ in the assess-
ment of such damages, they, the jury, shall take into con-
sideration the benefit as well as the injury happening to
such property or to the owners thereof by such opening or
alteriner.
Vol. 111-91
722 TOWNS — INCORPOEATED.
ARTICLE VIII.
Exempt from SECTION 1, The inhabitants of the town of Evansville
road labor. ^^^.^ hereby exempted from working on the roads beyond
the limits of the town, and from paying any tax to procure
laborers to work on the same,
inhabitantsto § 2. The board of trustees shall have power^and it is
a oroD 6 leetB. j^gpgi^y niade their duty, when it may be necessary for the
purpose of keeping in repair the streets and alleys of said
town, to require every able-bodied male inhabitant of
said town, over twenty-one years of age and under fifty,
to labor on said streets and alleys, not exceeding five days
in each year, and any person failing to perform such labor,
when duly notified by the supervisor of streets of said
town, shall forfeit and pay the sum of one dollar to said
town for each day so neglected or refused: Provided, the
person notified to perform labor on said streets and al-
leys shall be allowed to procure a substitute equally able
as himself or to commute, by paying to street supervisor,
within three days from the time of notice, the sum of one
dollar and fifty cents per day for each day assessed.
Financial state- § 3. The board of trustccs shall cause to be published,
ment.2 annually, a full and complete statement of all moneys re-
ceived and expended during the preceding year and on
what account received and expended.
Ordinances to § 4. All Ordinances once passed by the board of trus-
remain In force. ^.^^^^ ^^^^ ^^^^ ^l^ resolutious passcd by the board of trustees
of said town of Evansville, shall remain in force until the
same shall have been repealed by the board of trustees.
Appeals allowed § ^- Appeals shall be allowed, in all cases arising under
the provisions of this act, to the circuit court of Randolph
county ; and every appeal shall be taken and granted in
the same manner and with like efiect as appeals taken from
and granted by justices of the peace to the circuit court in
similar cases : Provided, that when the town shall appeal
a bond filed by the clerk of the board, in the name of the
town, shall be deemed suflicient to obtain an appeal.
Suits Instituted. § 0. All suits, actiOHS and prosecutions, instituted,
commenced and brought by the corporation hereby created,
shall be instituted, commenced and prosecuted in the name
of the town of Evansville.
Office vacated. § 7. Whenever the police magistrate or town constable
shall remove from the town, resign or die or his office
shall otherwise be vacated, the board of trustees shall im-
mediately provide for filling such vacancy by election.
§ 8. This act shall be deemed a public act, and be in
force from and after its passage.
In fokce April 15, 1S69.
I, Edwakd Ettmmtx, Secretary of State, do hereby certify that the foregoing act of
the Twenty-sixth General Assembly of the State of Illinois was filed iu the office of the
Secretary of State^ April 15, 1SG9. without the signature of the Governor, but, by virtue
of Section 21, Article IV, of the Constitution of "this State, the same is now declared a
law, havJDK been retained over ten days by the Governor after its reception.
EDWAKD RUMMEL, Sec'tj of State.
TOWNS — INCORPORATED. 723
AN ACT to incorporate ':"io town of Fayetteville. lu force Apri'
Section 1. Be it enacted by the People of the State of
Illinois^ represented in the General Assembly^ That the Boundaries of
boundary of the said town of Fayetteville shall be as fol- ^"'i'"'"'^ *°"-
lows : Beginning on the north the town line, on the east
the Kaskaskia river, on the south the south line of the new
addition, running straight east to the Kaskaskia river, on
the west — the west line of the new addition being and lying
in sections seven (7) and eight (8), in township two (2)
south, range six (6) west. And whenever any tract of land
adjoining said town is laid off in town lots and recorded,
such tract shall be attached to and form a part of said town.
§ 2. The inhabitants of said town, by the name and corporate pow-
style aforesaid, shall have power to sue and be sued, im-
plead and be impleaded, defend and be defended, in all
courts of law and equity ; to purchase, receive and hold
property, real and personal, beyond the town limits, for
burial grounds and for other public purposes, for the use of
the inhabitants of said town ; to sell, lease, convey or dis-
pose of property, real and personal, for the benefit of the
town ; and to improve and protect such property, and to do
all other things in relation thereto as natural persons.
S 3. There shall be a board of trustees, consisting of a Preeideut and
president and four trustees, to be chosen by the qualified
voters, who shall hold their offices for the term of one year.
§ 4. No person shall be a member of the board, unless Qualifications
he shall have resiued six months prior to the election with- °^ members.
in the town limits, and shall be at the time a Bona fide free-
holder in said town, and twenty-one years of age, and a
citizen of the United States ; and if, after his election, he
shall cease to be a freeholder, his office shall thereby be
vacated.
§ 5. A majority of said board shall constitute a quorum Quorum to do
to do business, but a smaller number may adjourn from day ^"*°®^*-
to day and compel the attendance of absent members, un-
der such penalties as may be prescribed by ordinance.
§ 6. The president and each member of the board, be- '^^^^ ^^ o®'^*-
fore entering upon the duties of their office, shall take
and subscribe an oath that they will support the constitution
of the United States and of this state, and that they will
well and truly perform the duties of their offices to the best
of their skill and abilities.
§ 7. There shall be twelve stated meetings of the board ^'^t'"^ meetings
in each year, at such times and places as may be prescribed
by ordinance, and may hold adjourned meetings to attend
unfinished business.
§ 8. On the first Monday in May next, and on the first Annual election
Monday, annually, thereafter, an election shall be held to "rSr""'""*
elect a president and board of trustees; and if there should
724: TOWNS — INCOKPORATED.
be a tie in any election, by two persons receiving the same
number of votes, thereby causing no election to be held, tlie
persons thus voted for shall decide the same by casting lots,
in such manner as may be provided for by ordinance.
Qiiaiiflcatioii § 9. All male inhabitants, citizens of the United States,
of the age of twenty-one years, who are entitled to vote,
who have been actual residents of said town for thirty days
previous to the election.
Levy aud col- § 10. The board of trustees shall have power and au-
lection of taxes. ^}jQj.j|.y ^^ jg^y ^^^ collect tases upou all property, real and
personal, within the town limits, not exceeding one-half per
cent., per annum, upon the assessed value thereof, and may
enforce the payment of the same in any manner prescribed
by ordinance, not repugnant to the constitution of the Uni-
ted States and of this state.
Appomtmen^ § 11 The board of trustees shall have power to appoint
or ofiicprs. ^ ■'■.*■'
a town constable, treasurer and such other oHicers as are
necessary to carry into effect the provisions of this act, and
to ret^uire of ail officers, thus appointed, bonds, with penal-
ty and security, for the faithful performance of their respec-
tive duties ; and, also, to require all officers thus appointed,
as aforesaid, to take an oath for the faithful performance of
their duties, before entering upon the discharge of the
same.
Contagious dis- § 12. To make regulations to prevent the introduction
^^^^^- of contagious diseases into the town ; to make quarantine
laws and regulations, and enforce the same ; to provide for
the expenses of the town ; to make regulations to secure gen-
eral health of the inhabitants ; to declare what shall be a nui-
sance, and to prevent and remove the same ; to dig wells
and to erect pumps in the streets, for the extinguishment ot
fires and convenience of the inhabitants ; to open, alter,
widen, extend, establish, grade, pave or otherwise improve
or keep in repair streets, avenues, lanes, alleys and side-
walks; to provide all needful buildings for the use of the
town.
Auctioneers, j^ 13. To liccuse, tax, rogulate, auctioneers, peddlers,
peddlers, etc brokers, pawnbrokers, taverns and moneychangers, and
provide for collectinij the same.
Tippling houses. § 14. The board shall have power to provide, by ordi-
nance, to license, tax, restrain, prohibit and suppress tip-
pling houses, dram shops, gaming houses, bawdy and other
disorderly houses ; to license and regulate theatrical and
Prevention and other exhibitions, shows aud amusements; to provide for
of fires^'*'^°^^°^ ^'^^6 prevention and extinguishment of tires, and to organize
and establish tire companies ; to regulate the fixing of
chimneys and the tines thereof and stove pipes ; to regulate
the storage of gunpowder and other combustible materials ;
to provide for the enumeration of the inhabitants of the
town ; to regulate the election of town officers, and provide
for removing from office any person holding an office crea-
TOWNS — INCORPORATED. 725
ted by ordinance ; to fix the compensation of all town offi-
cers, and regulate the fees of jurors, witnesses and others
for services rendered under this act or any ordinance.
§ 15. The board of trustees shall have power, by ordi- Police.
nance, to regulate the internal police of the town ; to de-
clare what shall be considered misdemeanors, and to impose
fines, forfeitures and penalties for the breach of any ordi-
nance, and provide for the recovery and appropriation of
said fines and forfeitures and the enforcement of said pen-
alties. They shall have exclusive power, within the town, Biiuards, how-
by ordinance, to license, regulate, suppress and restrain bil- '"^' ^ '^'
Hard tables and from one to twenty pin alleys and every
other description of gaming and gambling.
S 16. The board of trustees shall have power to make Mate and paBs
o _*^ ^ oruiD Slices
all ordinances which shall be necessary and proper tor car-
rying into execution the powers specfied in this act, and
shall have power to build or provide, if necessary, a town
jail, for the imprisonment of oflenders, and may provide by
ordinance that any person or persons who have been con-
victed under any ordinance in said town and who fails, neg-
lects or refuses to pay the fine assessed against him, her or
them, may be either confined in said town jail or made to
perform labor on the streets or alleys.
§ 17. The president and board of trustees shall have Prevent noi-
power to suppress all riots, affrays, assaults, assaults and ^^^*"^°°<^^'*^*
batteries, drunkenness, quarreling, open and notorious
lewdness, and all other public indecency ; and any prose-
cution or conviction for any oflfense under the laws of this
state, shall not bar prosecution for fines, penalties or for-
feitures for the Ijreach of the ordinance.
§ 18. The president and trustees are hereby made con- inhabitanteto
servators of the peace, and they are empowered to call on au orkfaaucel"^
any male citizen of said town, over the age of eighteen (18)
years, to aid them in enforcing the laws and ordinances,
[and] in case of a riot to call out the militia to aid them in
suppressing the same or in carrying into effect any law or or-
dinance ; and any person who shall not obey such call, shall
forfeit to said town a fine not exceeding twenty dollars.
§ 19. It shall be the duty of anv iustice of the peace in , Duties of the
• J . T 1 • 1 1 I '•' ■'i I ^ 1 • justice of peec«-
said town, and he is hereby authorized and empowered, m
view or upon complaint being made to him upon oath of
the violation of any law or ordinance of said town, to issue
his wiirrant, directed to the town constable or to any other
authorized person, to apprehend the offender or offenders
and bring him or them forthwith, and after hearing the
evidence, if it shall appear that the accused has been guilty
of the violation of any law or ordinance of the corporation,
to impose such fine or imprisonment as is provided by the
laws of this state for the punishment of similar offenses :
A7id provided, further^ if the president and trustees see it
proper and a benefit for the town, and by the consent of
726 TOWNS — INOORPOKATED.
the citizens of said town of Fayetteville, to hold an election,
at any time, to elect one police magistrate, to be elected for
two years : And provided, further, that all license, of any
description, of said town, shall be used for the benefit of
said town.
etSr "° **"" § ^0- The board of trustees shall have power, for the
purpose of keeping the streets, lanes, avenues and alleys in
repair, by ordinance, to require all male inhabitants of said
town, over the age of twenty-one years and under the age
of fifty years, to either labor on said streets, lanes, avenues
or alleys, not exceeding five days in each and every year,
or pay one dollar and twenty-five cents per day, in lieu of
said labor, as the board may by ordinance require ; and the
inhabitants of said town of Fayetteville are hereby ex-
empted from working on any road beyond the town limits
and from paying any tax to procure laborers on the same.
ordin^inces"'' °*^ § ^^- ^^ ^'^ Ordained hy the President and Trustees of the
Town of Fayetteville, that all ordinances made by the board of
trustees shall, within ten days after they are passed, be
published, by copies (with the town seal attached thereto)
being posted up in three of the most public places in said
town, and may become a law immediately after such notice,
and not before,
ordinancca g 22. All Ordinances of the town may be proven by the
lence.^ ^^*" seal of the corporation, and, when published by authority
of the corporation, the same shall be received in evidence
in all courts and places, without farther proof.
President to § 23. The president shall preside at all meetings of the
vot'e^, oniy^''°^ board, and shall have the casting vote, and no other. In
case of the non-attendance of the president, the board shall
appoint one of their number chairman, who shall preside
at that meeting.
Appeals allowed | 24. Appeals shall be allowed from the decisions in all
cases arising under the provisions of this act or any ordi-
nance passed in pursuance thereof to the circuit court of St.
Clair county ; and every such appeal shall be taken and
granted in the same manner and like effect as appeals are
taken from and granted by justices of the peace to the cir-
cuit court, under the laws of this state.
Pices and pen- s 25. Ail fines and forfeitures collected for penalties in-
curred within the incorporation limits oi the town, shall be
paid over to the town treasurer by the officers collecting the
same.
Jurisdiction oi § 26. The towu coustablc appointed under the pro-
poiice eonsfibie ^ig-^j^s of this act shall have power and authority to exe-
cute all process issued for the breach of any ordinance of
said town, and, for that purpose, within the limits of said
town, as other constables under the laws of this state, and
shall give bond and qualify as the said board shall, by
ordinance, prescribe.
TOWNS — INCORPORATED, 727
§ 27. All the acts of the officers of the said incorpo- Acts of officers
ration, heretofore done in pursuance of said corporation, ""'^
are hereby declared valid.
§ 28. This act shall be deemed a public act, and shall
be in force from and after its passage.
In force April 15, 1869.
I, Edwaiid Rummrl, Secretary of State, do hereby certify that the foregoing act of
the Twenty-sixth General Aseembly of the State of Illinois was filed in the office of the
Secretary of State, April 15, 18t)i>, without the signature of the Governor, but, by virtue
of Section 21, Article IV, of the Constitution of this State, the eame is now declared a
law, having been retained over ten days by the Governor after its reception.
EDWARD RUMVIEL, Sec'y of Stata.
AK ACT to incorporate the town of Frankfort, in Franklin county. lu force. June
19, 18U9.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the in- Rights and
habitants of the town of Frankfort, in the county of Frank- P"^'l*^ges-
lin, are hereby declared a body corporate and politic, with
all the privileges and powers conferred upon the town of
DuQuoiu, Perry county, by an act entitled "An act to in-
corporate the town of l)uQuoin," and passed by the 22nd
general assembly of the state of Illinois, and approved
Feb. 22nd, 1861.
§ 2. Be it further enacted, that the corporate limits of corporate limits
the town of Frankfort, in said Franklin county, be and the
same is hereby declared to be three miles square, commenc-
ing at the center of the public square in said town of
Frankfort. Said corporate limits shall extend one mile and
a half north, south, east and west.
Approved March 4, 1869.
AN ACT to incorporate the town of Gardner. In force March
30, 1869.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the
inhabitants in the town of Gardner, in county of Grundy,
and state of Illinois, be and they are hereby constituted a
body politic and corporate, by the name and style of "The Nameandaiyie.
Town of Gardner ; " and, by that name, shall have per-
petual succession, and may have and use a common seal,
which they may change and alter at pleasure.
§2. The boundaries of said town shall include within Bonndaries of
their limits the south half of section four (4) and the north '"^°-
ritory.
728 TOWNS — INOOBPOBATBD.
half of the north half of section nine, (9), all in township
thirty-one (31) north, of range eight (8) east of the third
principal meridian.
Additional ter- § 3. Whenever an 3^ tract of land adjoining the town of
Gardner shall be laid off into town lots, and duly recorded,
as required by law, the same shall be annexed to and form
a part of the town of Gardner.
General cor- § 4. The inhabitants of said town, by the name and
poiate po\^ers. ^^ yjg aforesaid, shall have power to sue and be sued, to plead
and be impleaded, to defend and be defended, in all suits
of law and equity and in all actions whatsoever ; to pur-
chase, receive and hold property, real and personal, beyond
the limits of said town, for burial grounds, and for other
purposes for the use of the inhabitants of said town, and
to sell, lease, convey and improve property, real and per-
sonal, for the benefit of said town, and to do all other things
in relation thereto as natural persons.
ARTICLE II.
Council. Section 1. , There shall be a town council, to consist of a
president and four trustees, to be chosen annually by the
qualified voters of said town.
May declare § 2. If any member of the town council shall, during
office vacant, j.^^^ ^^^^^ ^^^ j^^^ officc, Tcmove from the town, his office shall
thereby be vacated.
Contested eiec- § 3. The towu council shall judge of the qualificatious,
^'°"' election and returns of its own members, and shall deter-
mine all contested elections.
Quorum § 4. A majority of the town council shall constitute a
quorum to do business, but a smaller number may adjourn,
from day to day, and compel the attendance of all absent
members, under such tines and penalties as may be pre-
scribed by ordinance.
Rules of pro- § 5. The towu council shall have power to determine
ceedmgs. |.j^y rulcs of its proceedings, punish its members for dis-
orderly conduct, and, with the concurrence of two-thirds of
the members elected, expel a member.
Jonynai of ^ 6. The towu council shall keep a journal of its pro-
proceediiigs. cecdiugs, and, IVom time to time, publish the same; and
the yeas and nays, when demanded by any member present,
shall be entered upon the journaL
vacanrj, how § 7. All vacancics that occur in the town council shall
filled. ]-^^, ^\\q^ jj^ g^ch manner as it shall appoint.
oathoi offlcti. § 8. Each and every member of the town council, be-
fore entering upon the duties of his othce, shall take and
subscribe an oath or affirmation, in addition to the several
oaths prescribed by the constitution of this state, that he
will well and truly perform the duties of his office to the
best ot his ability.
TOWNS — INCORPORATED. 729
§ 9. Whenever there shall be a tie in the election of Tie Tote^ how
the members of the town council, the judges of election «^«^™"^ ■
shall certify the same to the police magistrate of said town,
who shall determine the same, by lot. in such manner as
shall be prescribed by ordinance.
ARTICLE III.
Section 1. On the first Monday of April next an elec- Election of of-
tiou shall be held in said town for the president and five ^•^®"-
members of the town council ; and forever thereafter, on
the first Monday in April in each year, there shall be an
election held for said ofiicers. The first election shall be
held, conducted, and returns thereof made, as may be pro-
vided by ordinance, by the present president and trustees
of the town of Gardner, and all succeeding elections as
may be provided by ordinance of the town council by this
act created.
§ "2. All persons who may be entitled to vote for state Quaiifloations
ofiicers and who shall have been actual residents of said «*" electors.
town for six months immediately preceding said election
shall be entitled to vote for said ofiicers.
ARTICLE IV.
Section 1. The town council shall have power and May levy tax.
authority to levy and collect taxes upon all property, real
and personal, within the limits of the town, not exceeding
one per centum, per annum, upon the assessed value there-
of, and may enforce the payment of the same in any man-
ner to be prescribed by ordinance, not repugnant to the
constitution of the United States or this state.
§ 2. The town council shall have power to appoint a ^^ ^^^1.°^®°^
clerk, treasurer, assessor, marshal, constable, supervisor
of streets, and such other ofiicers as may be necessary, and
to require of all ofiicers appointed in pursuance of this
charter, bonds, with such penalties and security for the faith-
ful performance of their duties as may be deemed expedi-
ent, and also to require all officers appointed, as aforesaid,
before entering upon the duties of their respective offices,
to take an oath, in the same manner as is provided in sec-
tion eight of article two of this act.
§ 3. To appropriate money and provide for the payment AppropiiaUons.
of the debts and expenses of the town.
§ 4. To make regulations to prevent the introduction ta'^i"o,w m=eases
of contagious diseases into the town, and enforce the same ^^ """
within one mile thereof.
§ 5. To make regulations to secure the general health General beaith.
of the inhabitants ; to declare what shall be a nuisance,
and to prevent and remove the same.
Vol. Ill— 92
730 TOWNS — INCORPOEATKt).
Reyair streets. § 6. To lay out, Open, alter, abolish, widen, extend, es-
tabiisli, grade, pave or otherwise improve and keep in re-
pair public squares, streets, avenues, lanes and alleys and
to establish lines for building thereon.
Brido'es. § ^- "To establish, erect and keep in repair bridges.
LisMing streets § ^' To provide for lighting the streets and erecting
lamp posts.
Buiidin-'B. § 9. To provide for the erection of all needful buildings
for the use of the town.
AnctioTjeers § 1^- To liccnsG, tax and regulate auctioneers, merchants,
peddlers, etc retailers, taverns or ordinary hawkers and peddlers.
Porters, hack- § H- ^o licensc, tax and regulate hackney carriages,
men, etc' coachcs, omnibuscs, wagons, carts and drays.
Exhibitions. § ^^- '^^ liconse, tax, regulate and suppress theatrical
and other shows and amusements.
Tippling houses § 12. To prohibit and suppress tippling houses, dram
shops, gambling houses, bawdy houses and other disorderly
houses within said town, and within one mile thereof:
Provided^ that no license shall ever be granted by the town
conncil to any house, place or person to sell intoxicating
drinks as a beverage.
t,. Incumbering g 13, fo prevent the incumbering of the streets, squares
and alleys of said town ; to plant and protect shade trees ;
to prohibit and prevent the running at large of horses, hogs,
sheep and other animals, and provide for the distraining
and for the forfeiture and sale of the same for any penalty
incurred, and to impose penalties ujDon the owners of an}'
such animals for the violation of any ordinance in relation
thereto ; to prevent the running at large of dogs, and to pro-
vide for the destruction of the same when running at large
contrary to ordinance ; and to prevent the firing of squibs,
rockets, guns, or other combustibles or firearms within the
limits of said town.
Provide for § 1^- To providc for the prevention and extiuguish-
extiuguighmeut ment of fircs.
§ 15. To regulate the fixing of chimneys and the fines
thereof.
Guupowder,etc. § 16- To regulate the storage of gunpowder, tar, pitch,
rosin, spirits, wine, and other combustible inaterials, and
also ashes.
Partition fences § 17. To regulate and Order partition fenccs.
Inspection of § IS". To provido for the inspection and weighing of
forage and faei. }^ay and stouc coal, to be sold and used in said town.
B utter, hird, etc. § 19. To regulate the inspection of butter, lard and
other provisions.
^^'cnsus. § 20. To provide for taking the enumeration of the in-
habitants of said town.
Election of of- § 21. To regulatc the election of town ofiicers, and pro-
flcers. \\^Q for removing from ofBce any person holding office
created by this act or by ordinance.
TOWNS — INCORPOKATED. 731
§ 22. To fix the compensation of all town officers, and compensation
regulate the fees of the jurors, witnesses and others, for ser- o'°®'^«"-
vices rendered under this act or any ordinance.
§ 23. To regulate the police of the town; to impose Rcgniatcpo.ice.
fines and forfeitures and penalties, for the breach of any
ordinance, and to provide for tiie recovery and appropria-
tion of such fines and forfeitures, and the enforcement of
such penalties.
§ 24. To suppress, restrain and prohibit billiard tables, Billiard tables
ball alleys, faro boards, lotteries, horse races and all other l^^^g^^"^ p'° *'"
means of gambling within said town, and within one mile
thereof.
§ 25. To prevent and prohibit the introduction, keep- Liqnors.
ing, manufacturing or selling of any vinous, malt, spiritu-
ous, mixed or intoxicating liquors within said town, or
within one mile thereof, except for chemical, medicinal,
sacramental and mechanical purposes, and to prohibit the
giving the same away, with the view to evade any penalty
which may be provided for the unlawful sale of such
liquors.
§ 26. The town council shall have power to make all Topassaiior-
ordinances which shall be necessary and proper for carry- '^'°*'^'^®*-
ing into operation the powers specified in this act, so that
such ordinances be not inconsistent with the constitution of
the United States or of this state.
§ 27. To regulate, license and prohibit butchers, and to Butchers."
revoke their license for mal-condact in the course of trade ;
to establish standard weights and measures ; to regulate
the weight and quality of bread to be sold or used in the
town; to direct the location and regulate the management Breweries, lan-
and construction of tanneries, blacksmith shops, founderies °^''^^'-- ^'*=-
and livery stables; to direct the location and management
of and to restrain, abate or prohibit, within the town, and
to the distance of one mile from the limits thereof, brew-
eries, distilleries, slaughtering houses, and establishments
for rendering lard, tallow, oflal, and all other establish-
ments or places where any nauseous, oflensive or unwhole-
some business may be carried on ; to direct and control the RaiUoad track?,
laying and construction of railroad tracks, bridges, turn- " °^-'
outs and switches in the streets and alleys of said town ;
to require railroad companies to keep in repair the streets
through which their track may run, and to construct and
keep in repair suitable crossings at the intersections of
streets, alleys, ditches, sewers and culverts ; to regulate
the speed of locomotive engines within the inhabited por-
tion of the town.
§ 28. The style of the ordinances shall be " Be it or- ^,S. °^'""'^'"
dained by the. Town of Gardner^
§ 20. All ordinances, as passed by the town council, orKnces'*^'^ °'
shall, within one month after they shall have been passed,
782 TOWNS — INCORPORATED.
be published, in some newspaper published in the town, or
by posting copies in three public places in said town, and
shall not be in force until they shall have been published
or posted, as aforesaid, five days ; and a certificate of tlie
clerk of said town, or a certified copy of said certificate,
shall be held in all courts and places sufiicient evidence of
such publication.
Evidence and § oO. All Ordinances of the town may be proven by the
proof of. ggj^l ^|. ^j^g corporation, and when printed or published in
book or pamphlet form, and purporting to be printed or
published by authority of the corporation, the same shall
be received in evidence in all courts and places, without
further proof. If attested by the seal of the corporation,
the same shall be affixed by the clerk.
ARTICLE V.
Presiiiiac offie?r Section 1. The president shall preside at all meetings
of the town council, and shall have the casting vote, and
no other; and in case of his absence at any meeting,
the council shall appoint one of their number chairman
pro tern.
Special meeting § 2. The president or any two members of the council
may call special meetings of the town council.
Enforcementof § 3. The president shall be active and vigilant in en-
ordinances. forcing the laws and ordinances for the government of the
town. He shall inspect the conduct of all subordinate of-
ficers of the town, and cause negligence and violation of
duty to be prosecuted and punished. He shall, from time
to time, communicate such measures as in his opinion ma}'
tend to the improvement of the finances, police, health and
security of the town.
Citizens to aid § 4. He is hereby authorized to call on any male m-
Jaw°/°'^°'°^^ ^"^^ habitant of said town, over the age of eighteen years, to
aid ill enforcing the laws and ordinances thereof or in pre-
serving the public peace ; and any person who shall not
obey such call shall forfeit to the town a fine not exceeding
ten dollars.
ARTICLE VI.
Proceedings in SECTION 1. Whenever it shall be necessary to take the
sfre^et'i! "atieys^ property of any person or corporation or body politic, for
and h'ghwnye". ^j^g pui'poso of Opening, altering, extending, establishing,
making or improving any public square, street or alley, the
town shall make a just compensation to the owner of such
property, and shall pay or tender the same before taking
such property ; and in case the amount of such compensa-
tion cannot be agreed upon, the police magistrate of the
town shall cause the same to be ascertained by a jury of
TOWNS — INCORPORATED. 733
three disinterested freeholders of the town, in such manner
as the council, by ordinance, shall direct.
§ 2. When all the owners of property on a street, improvement
square or alley proposed to be laid out, opened or altered, and'hlghwayir
shall petition therefor, the town council shall provide for
the laying out, opening or altering the same, but no com-
pensation shall in such case be allowed for such property
so taken.
§ 3. All jurors impanneled to inquire into the amount Damages and
of benefits or damages which shall happen to the owner or
owners of property affected by the locating, opening, chang-
ing, establishing, grading or otherwise improving any pub-
lic square, street or alley, or any other improvement in this
article mentioned, shall first be sworn to that effect, and
shall return to the police magistrate their assessment, in
writing, signed by such jurors, or a majority of them:
Provided^ always^ that in such assessments the jury shall
take into consideration the benefits as well as the injury
happening to the owners of property for or afi'ected by any
such improvements.
§ 4;. The town council shall have power, from time to . Grading, pav-
time, to cause any public square, street, alley or highway amizkig.™"'^^''
to be graded, paved or otherwise improved, and keep the
same in repair ; to cause cross and sidewalks, drains and
sewers and private drains to be constructed and laid, relaid,
cleansed and repaired.
§ 5. The town council shall order, on the petition of the Paviug eide-
owners of one-fourth part of the front of the lots included ^'''^^^''' ^^^'
in such order, sidewalks to be built and gutters to be paved,
in front of any such lots, by the owners thereof, in such time
and manner and of such materials as it may direct; and in
case of failure to do the same, the council shall cause the
same to be done, and assess the cost thereof to each lot
against the same.
§ 6. The town council may cause sidewalks and gutters Assessments
to be constructed, as it may direct, on any street, alley or fo'"^osts.
any part thereof, and assess the cost thereof to each lot, ac-
cording to the benefit to such lot by reason of such im-
provement: Provided, that when such order shall be
made without a petition of the owners of one-fourth part
of the front of the lots included therein, the town shall
pay at least twenty-five per cent, of the cost thereof.
§ 7. Whenever the inhabitants of said town, in special Appropriation
town meeting assembled upon the call of said council, shall, le*:.ai Voters''. "^
by a majority present, vote in favor of any public improve-
ment thereon, and of appropriating therefor any sum, not
exceeding in any one year one-fourth of one per cent, of
all the taxable property of said town, the council shall be
authorized to levy a special tax therefor, not exceeding the
sum so voted, upon all the taxable property of said town,
734 TOWNS — INCOBPORAIED.
and collect, hold and expend the same in such a manner as
the council may direct.
Leyy of tax. § 8. All real estate within the limits of said town and
all personal property belonging to persons residing therein
shall be subject to taxation, and taxes may be levied and
collected upon the same, for the use and benefit of said
town, in such time and manner as the council shall by ordi-
nance provide.
May borrow § 9. The town couucil for the purpose of purchasing
and procuring lands, and erecting buildings for public im-
provement of said town, shall have power and are hereby
authorized to borrow money on loans, on the faith and
pledge of the town, in such sums, for such time and such
rates of interest, not exceeding ten per cent, per annum,
as may be deemed for the benefit of said town, and to issue
bonds or other obligations therefor, under the corporate
seal, signed by the president and clerk of the town council.
Cost of pnr- s iQ. The cost of purchasing; or otherwise procuring
chaemg public , ,. , i . ^ . ° , •• \_i ^
grounds. public grouuds, and improvmg and ornamentmg the same,
shall be paid, one-half by the real estate immediately bene-
fited, and the other half out of the general fund of said
town.
nesser^^'^*^''^" § H- ^^ pcrson shall be an incompetent judge, jus-
tice, witness or juror, by reason of being a resident or
freeholder in the town of Gardner, in any action or pro-
ceeding in which said town shall be or is a party in in-
terest.
^^^^^- § 12. No suit shall be brought against said town, except
in a court of record, nor shall any writ of execution bo
issued for the collection of any judgment recovered against
said town.
ARTICLE VII.
qufriDganciper- Section 1. The towu couucil shall have power, for the
foi-miui,' road purpose of keeping in repair the streets and other public
property of said town, to require every male inhabitant of
said town, over the age of twenty-one years, to labor on
the said streets and alleys not exceeding two days in each
year ; and any person failing to perform such labor, when
daly notified, shall forfeit and pay the sum of one dollar
and fifty cents to said town, for each day so neglected or
refused,
o^n'defr^"^ ^'^ § ^' The town council shall have power to provide for
the punishment of ofienders against the ordinances of said
town, by imprisonment in the county jail, not exceeding
thirty days for any one offense; and in all cases when such
ofienders shall fail or refuse to pay the fines, forfeitures and
costs which may be recorded or adjudged against them, it
shall be the duty of the magistrate or other court before
whom the same shall bo tried to direct that such ofienders
TOWNS — INCORPORATED. 736
shall be committed to the county jail until such fines or
forfeitures and costs shall be paid or otherwise discharged
by process of law.
§ 3. All suits, actions and prosecutions instituted, com- suits instituted.
menced or brought by the corporation hereby created,
shall be instituted, commenced and prosecuted in the name
of the town of Gardner.
§ 4. All actions, fines, penalties and forfeitures which a'i actions and
have accrued to the president and trustees of the town of corporation.
Gardner, shall be vested in and prosecuted by the corpora-
tioji hereby created.
§ 5. This charter shall not invalidate any action done Not to affect
or to be done by the president and trustees of the town of '™"
Gardner, nor divest them of any rights which have accrued
to them prior to the passage of this act.
§ 6. Appeals shall be allowed, in all cases arising un- Appeals allowed
der the provisions of this act or any ordinance passed in
pursuance of this act, to the county or circuit court of
Grundy county; and every such appeal shall be taken
and granted in the same manner and with like efiect as
appeals are taken from and granted by justices of the peace
to the circuit court in similar cases under the laws of this
state.
§ 7. The president and trustees of the town of Gard- Promulgate act
ner shall, immediately after the passage of this act, take
measures to promulgate the same within the limits of said
town.
§ 8. The town marshal or any other officer authorized Jurisdiction of
to execute writs, or any other process issued by the police *°^'" m^'^hai.
magistrate of said town, shall have the power to execute the
same anywhere within the limits of the county of Grundy,
and shall have the same power to execute an}^ process issued
by any justice of the peace of said county, and be entitled
to the same fees as are allowed to constables in similar
cases.
§ 9. No provision of this act shall be so construed as constiuction
to authorize the sale of intoxicating drinks, whenever the ^^ ^'='-.
same is or may hereafter be prohibited bylaw or ordi- of liquors'.
nance.
§ 10. The town council may, at any time hereafter, pro- Provide for rn-
.J 1 T i' L- i. t ^ .' 1 1 . 1 , . ^} „ture elections.
Vide by ordinance tor iuture,election8, by the mhabitants of
said town, of such town officers as they may deem it desira-
ble to have elected.
§ 11. All fines and penalties, recoverable by indictmenc Fines paid to
or action, for any ofi'ense committed within the limits of ^°'^°^^**""'
said town, or within one mile of the same, and which are
now required by law to be paid to the county treasurer,
or to the school commissioner of said county, shall here-
after be paid into the town treasury for the use of said
town.
T36
TOWNS — INCOKPORATED.
§ 12. This act shall be in force from and after its pas-
sage.
Approved March 30, 1869.
In force May
1, 1369.
Name and style,
General corpo-
rate powers.
Botmdarles
AN ACT to incorporate the town of Gillespie.
ARTICLE I.
S.ECTION 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly, That the
inhabitants and residents in the town of Gillespie, in the
county of Macoupin, and the state of Illinois, be and thej
are hereby constituted and declared a body politic and cor-
porate, by the name and style of "The Town of Gillespie ;"
and, by that name, shall have perpetual succession, and
may have and use a common seal, which they may change
or alter at pleasure.
§ 2. The inhabitants of said town, by the name and
style aforesaid, shall have the power to sue and be sued, to
plead and be impleaded, to defend and be defended, in all
courts of law or equity and in all actions whatsoever ; to pur-
chase, receive and hold property, real and personal, in said
town, and to purchase, hold and receive property, both real
and personal, beyond the limits of said town, for burial
grounds and other public purposes ; to sell, lease and convey
property, both real and personal, for the use of said town,
and to protect and improve any such property as the public
good may require.
§ 3, The boundaries of said corporation shall he de-
lined by the ordinances of the board of trustees thereof,
now in force ; and all said ordinances relating to or defin-
ing the boundaries of said town, are hereby, in that res-
pect, legalized and confirmed ; and whenever any tract of
land adjoining said town is laid off into town lots and re-
corded the same may be attached to and form part of the
same.
ARTICLE II.
Powera vested SECTION 1. The government of said town shall be ves-
tTO^teee^^'"' ^"^ ted in a town council, which shall consist of a president and
four trustees, to be chosen, annually, by the qualified vo-
ters of said town, and who shall hold their offices for one
year and until their successors are elected and qualified.
Qnaiification ot § 2. No pcrsou shall be a member of the town council
trustees. unless he shall be, at the time of, and shall have been for
six months immediately preceding his election, a resident
of the town, and shall be, at the time of his election, twen-
TOWNS — INOORPOKA.TBD.
787
ty-one years of age and a citizen of the United States. If
any member of the town council shall, during tlio term of.
his office, remove from the town, his office shall thereby
become vacant.
§ 3. The town council shall appoint their own president, ^^""^J'tumsTf
and shall judge of the (|ualilications and returns of its own members.
members,' and shall determine all contested elections, in
such manner as may be prescribed by ordinances.
^ 4. Amaiorityof the town council shall constitute a quo- Quonuntodo
rum to do business, but a smaller number may adjourn irom
day to day and compel the attendance of absent members,
under such fines and penalties as may be prescribed by
ordinances, and shall have power to determine the rule of
their own proceedings, punish members for disorderly con-
duct, and, with the concurrence of two-thirds, expel a
member.
§ 5. The town council shall keep a iournal of their .loumai of pro-
proceedings, and shall have power to nil all vacancies which
may occur therein, by death or otherwise.
§ 6. Each and every member of the town council, be- oaih of office.
fore entering upon the duties of office, shall take and sub-
scribe an oath, before any justice of the peace of said coun-
ty, that he will support the constitution of the United
States and of this state, and that lie will truly perform the
duties of his office to the best of his knowledge and ability ;
and there shall be at least one regular meeting of said coun-
cil in each month, at such times and places as may be pre-
scribed by ordinances.
§ 7. Whenever a tie shall occur in the election of a Tie vote, how
member or members of the town council, the judges of decided.
election shall certify the same to the justice of the peace
of said town, hereinafter mentioned, who shall determine
the same, by lot, in such a manner as may be prescribed by
ordinance,
ARTICLE III.
Section 1. On the first Monday in May, next, an Town council.
election shall be held in said town of Gillespie, for the
election of five members of the town council of said town,
and forever thereafter, on the first Monday of May in each
year, an election shall be held for said officers.
§ 2. On the first Monday in May aext, and on the first Election of
Monday of May, every four years forever thereafter, an Justice of peace.
election shall be lield in the said town of Gillespie for the
election of a justice of the peace for said town, who shall
hold his office for four years and until his successor is elec-
ted and qualified.
§ 3. For the election of a justice of the peace, the said , Territory de-
town of Gillespie, as herein defined or as hereafter may be uon^distdct/^'
extended or limited by ordinance, shall co7:istitute an elec-
tion precinct ; and the first election for officers under the
Yol. Ill— 93
of electors.
738 TOWNS — INCOKPOEATED,
provisions of this act shall be held and conducted and re-
turns thereof made as is now provided by the ordinances of
said town of Gillespie for the election of the present officers
of said town ; and succeeding elections shall be held and
conducted and returns thereof made as may hereafter be
provided by the ordinances of the town council by this act
created.
Quaiiflcation § 4. All pcrsous who are entitled to vote for state offi-
cers by the laws of the state, and who shall have been
actual residents of said town thirty days next preceding
any election held under the provisions of this act, shall be
entitled to vote at any such election.
AKTICLE IV.
Levy and col- SECTION 1. The town council shall have power and au-
lect tax. thority to levy, assess and collect a tax or taxes upon all
property, real, personal and mixed, within the limits of said
town, which is now, or which may hereafter be subject to
taxation for state and county purposes, not exceeding one
per centum, per annum, upon the assessed value there-
of, and may assess and enforce the collection of the same
by any ordinances, not repugnant to the constitution of
the United States or of this state.
Appointment § 11. The town couucil shall have power to appoint a
^^^"' clerk, treasurer, assessor, town constable, and street commis-
sioner, and all such other officers as may be judged necessary
for carrying into effect the powers conferred upon said cor-
poration by this act, and to require them to give such bonds
with such securities, and take such oaths of them as may be
deemed necessary to insure the faithful performance of
their respective duties, before entering upon the discharge
of the same, and who shall possess the same qualifications
as are required for a member of the town council.
Appropriations. § 3. Also to appropriate money and provide for the
payment of the debt and expenses of the town.
General health, g 4. To make regulations to secure the general health
of the inhabitants of the town ; to declare what shall be con-
sidered a nuisance, and to prevent and remove or abolish
the same.
Improvement § 5. To Open, abolisli, widou, extend, alter, establish,
of streets. crrado, pave or otherwise improve and keep in repair streets,
alle}S and lanes, in said town, and erect, maintain and
keep in repair bridges, drains and sewers.
Wells, cisiernp. § 0, To provide thetowp with water; to sink and keep
in rej^air wells and pumps in the streets, alleys or lanes, for
the convenience and good of the inhabitants, and to erect
lamps in the strcetSf and to light the same.
Needful build- ^ 7. To provide for the erection of all needful public
'°^^" buildings, for the use of the town; to establish markets and
market places, and for the government and regulation there-
TOWNS — INCORPORATED. 739
of; and to provide for the inclosing, laying off, and impro-
ving all public grounds, squares and burial grounds belong-
ing to the town.
§ 8. To provide for the protection and improvement of Protect pubUo
all public buildings owned by said town, and for prevention ^'"ii'^^'^ss-
and extinguishment of tires, and to organize and establish
tire companies.
§9. To regulate partition fences, and provide for the waiis, fences.
inspection and weighing of hay and stone coal and the
measurement of wood and fuel, to be used in said town.
§ 10. To provide for taking the enumeration of the in- ^linhaiMtantl""
habitants of said town ; regulate chimneys, the fixing and
the flues thereof; and regulate the storage of tar, pitch,
rosin, gunpowder and other combustible materials.
§ 11. To license, tax and regulate auctioneers, mer- Auctioneers,
, " T .1 " , • 1 1 peddlers, etc.
chants and retailers, grocers, taverns, eatmg houses, ped-
dlers, brokers and money changers ; but shall have no
power to license the sale of intoxicating drinks, contrary
to or inconsistent with any laws of this state.
§ 12. To prohibit the sale of intoxicating, malt and fer- saioof uquors.
ment liquors ; to restrain, prohibit and suppress tippling
houses and dram shops, gaming houses, bawdy houses and
other disorderly houses within said town.
§ 13. To license, tax and regulate theatrical and other shows and
exhibitions, shows or amusements ; to provide for the trial ^^
and punishment of persons who may be engaged in assaults
and batteries and affrays within the corporate limits of said
town.
§ 14. To regulate the election of town officers, define Election - of
their duties, ancT provide for the removal of any persons in °®^®"
office created by ordinance.
§ 15. To fix the fees and compensation of town officers, compensation
jurors, witnesses and others, for services rendered under
the provisions of this act.
§ 16. To prevent the incumbering of the streets, squares, g Jg^'^j^"^^'^""^
lanes and alleys of said town; to protect shade trees;
compel persons to fasten horses, mules and other ani- , RuuninK at
mals attached to vehicles, while standing upon any street, au5 cattle.
alley, lane or uninclosed lot, in said town ; to prevent
the running at large of horses, cattle, sheep, hogs,
and other animals, and to provide for the impounding and
distraining the same, and to provide for the sale of the
same for any penalty incurred, and to impose penalties
upon the owner or owners of any such animals for the vi-
olation of any ordinance in relation thereto.
§ 17. To pre vent the running at large of dogs, and to pro- ^°s» at large.
vide for the destruction of the same when at large contrary
to the provisions of ordinances in such cases made.
§ 18. To prevent the firing of squibs, rockets, guns or Fire-»n»»-
other fireworks or combustibles within the limits of said
town.
dinances. etc.
74:0 TOWNS — INCOEPOEATED.
Willful viola- § 19. To provide for the punishment of persons who
ished. °^^ ^^^' niay at any time distract the peace of the inhabitants of
said town or the deliberations or proceedings of any public
meeting of said inhabitants or of the town council when
in session.
P(jiice. § 20. To regulate the police of said town ; to impose
fines, penalties and forfeitures for the breach of any ordi-
nance, and to provide for the recovery and appropriation of
such fines and forfeitures and the enforcement of such pen-
alties : Provided, that in all cases the right of trial by jury
shall be allowed to any person or persons charged with a
breach of any of the provisions of this act, or of any ordi-
nance made in pursuance thereof.
Enforcini? or- § 21. The town council shall have power to make and
enforce all ordinances which may be necessary and proper
for carrying into effect all the powers specified in this act
or as the good of the inhabitants of said town may require,
so that such ordinances are not repugnant to or inconsistent
with the constitution of the United States or of this state.
naS "^ °''''' § ^^' '^^^ ^^^^^ ^^ ^^^^ ordinances of the town shall be,
"^e it ordained by the Town Council of the Town of Gil-
lespie ;" and all ordinances shall, within one month after
they are passed, be published in some newspaper printed
in said town, or made known, by posting up copies of the
same in four public places in said town ; and the certificate
of the publisher of said newspaper or of the clerk of said
town, under the seal of the corporation, shall be prima
facie evidence of such ordinance and of its publication ;
and no ordinance shall take effect until published or made
known as aforesaid.
Evidence of § 23. All Ordinances may be proven by the seal of the
nances'^ "^ ^^ ^' town, and when published or printed in book or pamphlet
form and purporting to be published or printed by author-
ity of the town of Gillespie, the same shall be received as
evidence in all courts and places without further proof.
ARTICLE V.
OF THE PRESIDENT.
Presiding Officer SECTION 1. Tho president shall preside at all meetings
of the council, when present, and in case of his absence at
any meeting the council shall appoint one of their number
chairman, who shall preside at that meeting.
Special meet- § 2. The president or any two members of the council
may call special meetings of the same.
Duties of the § 3. The president shall be active and vigilant in en-
presideni. forcing the laws and ordinances for the government of the
town. He shall inspect the conduct of all subordinate offi-
cers and cause negligence and willful violation of duty to be
punished. He shall have power and authority to call
on all male inhabitants of said town, over the age of
ings
TOWNS — INCORPORATED. 741
eighteen years, to aid in enforcing the laws and ordinances,
and, in case of a riot, to call out the militia, to aid in sup-
pressing the same or in carrying into effect any law or or-
dinance ; and any and every person who shall fail or refuse
to obey such call shall forfeit and pay the said town the sum
of ten dollars.
§ 4. He shall have power whenever he may deem it Exhibit books
necessary to require of any officer of said town an exhibit ""' papers,
of his books and papers ; and shall have power to do all
other acts required of him by any ordinance made in pur-
suance of the terms of this act.
ARTI CLE VI.
MAGISTRATE AND CONSTABLE.
Section 1. The justice of the peace hereinbefore pro- justice to be
vided for, shall be commissioned by the governor of this j^y'^™vemOT!'^
state, and he shall have and exercise the same power, au-
thority and jurisdiction as conferred by law upon other jus-
tices of the peace of this state, and shall have and possess
the same qualifications as are required for a member of the
town council by section No. 2 of article 3 hereof, and who
shall give bond and qualify, in all respects, as the justices
of the peace are required by law to do.
§ 2. He shall be a conservator of the peace for the said conservator of
town, and he shall have exclusive jurisdiction in all cases *^^p^*<=°'
arising out of or under the ordinances of the corporation,
and shall receive the same fees and compensation allowed
for similar services under the laws of the state to other jus-
tices of the peace; and for any willful contempt, malcon-
duct, oppression or partiality or palpable omission of duty
in his said office, may be indicted in the circuit court of
Macoupin county, and, upon conviction, shall be fined in a
sum not exceeding two hundred dollars ; and the court shall
have power, upon the recommendation of the jury, to make
his removal from office part of the judgment.
§ 3. The town constable appointed under the provis- ■inHsdiction of
ions of this act shall have power and authority to execute
all process issued for the breach of any ordinance of said
town, and, for that purpose, his authority shall extend over
the county of Macoupin ; and shall have the same power,
jurisdiction and authority, within the limits of said county,
as other constables in all cases possess under the laws of
this state; and shall give bond and qualify as the said
board shall by ordinance prescribe.
§ 4. If two or more persons shall receive an equal num- Tie vote, how
ber of votes for the office of justice, the town council shall
determine the same, by lot, in such manner as may be pre-
Bcribed by ordinance.
§ 5. The said constable shall be authorized to arrest all Arrets, with
persons, on view, without warrant, who shall violate any of ranT
742 TOWNS— INCOKPOKATED.
the provisions of this act or of any of the ordinances of said
town made in pursuance thereof, and take him, her or them
before the justice of the peace of said* town, to be tried and
punished as may be prescribed by ordinance.
Absence of the § 6. In case of the absence, or inability, or refusal to
peacrand con^- ^^t, of Said justice, or of said constable, any justice of the
stable. peace having an office in said town, or any constable of said
county of Macoupin, shall have power and authority to
hear and determine all cases which may arise under the or-
dinances of said town, or to execute all process and writs
which may be issued, in the same manner and with like
effect as the justices and constables of said town^herein pro-
vided for.
Appeals may § 7. lu all cases arising under the ordinances of said
be taken. town, changes of venue and appeals shall be allowed as in
other cases before justices of the peace ; and the said corpo-
ration shall be allowed to appeal, in any case in which they
are parties, by causing their secretary or clerk to execute a
bond, in the name of the corporation, in the form now or
which may hereafter be furnished by law in other cases,
without other security ; and an order upon the records of
said corporation, directing said appeal, shall be sufficient
evidence of the authority of said security to sign said bond.
ARTICLE VII.
STREETS AND ALLEYS.
Taking priyate Seotion 1. Whenever it shall be necessary to take pri-
pub^k ifse. °' vate property for opening or altering any public street or
alley in said town, the corporation shall make just compen-
sation to the owner or owners of said property, or pay or
tender the same, before opening or altering the said street
or alley ; and in case the amount of such compensation
cannot be agreed upon, the same shall be ascertained by six
disinterested free holders of the said town, who shall be
summoned by the justice of the peace of said town for that
purpose.
Estimate va]ue | 2. The Said jurors, so impanneled to ascertain the
damages which would be sustained by the opening or alter-
ing of any street or alley by any person so owning proper-
ty, shall first be sworn to that effect by said justice, and
shall return to him their inquest, in writing, signed by each
of said jurors, and by him laid before the town council at
the first meeting thereafter ; and any party may appeal
therefrom to the circuit court of Macoupin county, in such
manner and upon such terms as may be prescribed by or-
dinance.
Benefit* and § 3. In the asscssmcnt of such damages, the jury shall
xw^i** ^^ ' take into considera,tion the benefits as well as the injury
happening to the owner or owners of property proposed to
TOWNS — INCORPORATED. 748
be taken for opening or altering a street or alley, by Guch
opening or alteration.
§ 4. That the town council shall have power to levy and Levy and coi-
collect a special tax on the owners of the lots on any street '•«<=! taxes.
or part of a street, according to their respective fronts, for
the purpose of grading, paving or otherwise, the side-
walks on said street or part of a street.
§ 5. That the lot in front of which any sidewalk is sidewalks.
made shall be taxed to pay at least one half of the expen-
ses of making such sidewalk, in addition to the regular
tax, which shall be assessed and collected in the same man-
ner as other taxes are.
ARTICLE VTII.
MISCELLANEOUS PROVISIONS.
Sbotion 1. The inhabitants of the town of Gillespi^re Exempt from
hereby exempted from working on any road beyond the gide^ownUmits'
limits of said town, and the payment of any road tax levied
by the authority of the county court or other county author-
ities ; and the entire jurisdiction and control of the roads,
highways and bridges of said town shall be held and exer-
cised by the town council by this act provided for.
§ 2. The town council, for the purpose of keeping the inhabitants to
streets, alleys, lanes, avenues and highways in said town in 'abor on streets.
repair, are authorized and empowered to require every
able-bodied male inhabitant of said town, over twenty-one
years of age and under fifty, to labor on said streets,
alleys, lanes or highways, any number of days, not exceed-
ing three in each year ; and any person failing to perform
such labor, when duly notified by the street commissioner
or other authorized officer of said town, shall forfeit and pay
the sum of one dollar and fifty cents to said town for each
and every day so neglected and refused.
§ 3. The town council shall have power to provide for gQ^^g}^^^^°^
the punishment of offenders against any ordinance of said
town, by imprisonment in the county jail, not exceeding
thirty days for any one offense, in all cases when such of-
fenders shall fail or refuse to pay the fine and forfeitures
which may be recovered against them.
§ 4. AH suits lor fines and penalties in and for the vio- . Actions vested
lation of any ordinance shall be in the name of the town of ^" ^^^^'^ '°°-
Gillespie ; and the town council shall have power to regu-
late, by ordinance, the form and nature of the first and any
subsequent process and the mode of executing the same,
§ 5. The corporation hereby created shall not be re- Notreqiu-edto
quired, in any suit brought for a violation of any ordinance for cost.^^*^""*^
of said town, to file, before the commencement of such suit
or during the pendency thereof, any security for cost.
§ 6. All ordinances and resolutions passed by the pres- ordinances to
ident and trustees of the town of Gillespie, shall" remain in ]l^^^ ^ ^"^^
74:4:
TOWNS — INOORPOKATED.
force until tbe same shall be repealed by the town council
hereby created ; and all actions, fines, penalties and forfeit-
ures which have accrued to the president and trustees of
said town or which may hereafter accrue to them, prior to
the taking effect of this act, sball be vested and prosecuted
by tbe corporation hereby created.
to'^cor^'^^nxtion'^ ^ ^' ^^^ property belonging to the president and trus-
tees of the town of Grillespie, for the use of the inhabitants
of said town, shall, upon this act taking efiect, be vested
in the corporation hereby created ; and this act shall not in-
validate any act done by said president and trustees nor
divest them of any right which had accrued to them prior
to the passage of this act.
Vacate office of § 8. Whenever the justice of the peace herein provided
justice of the J. '^ , ,, „ J . ' i • re
peace. lor snali remove irom said town, resign or die, or his oince
shall otherwise become vacant, the town council shall im-
meSiately provide for filling such vacancy by election.
repeaTed'"^"*^*'' § ^' "^^^^ ^^^ ^^ hereby declared a public act, and may
be read in evidence in all courts of law and equity in this
state, without proof; and upon its going into effect all acts
and parts of acts coming within the provisions of this char-
ter, or contrary to or inconsistent with its provisions, shall
be repealed.
§ 10. This act shall take effect and be in force from and
arter the first Monday of May next.
Approved March 30, 1869.
^" *^^f ^J'"'^^ ^N ACT to inoorporate the village of Glenco«.
ARTICLE I.
ON BOUNDARIKS AND GENERAL POWERS.
Section 1. Be it enacted ly the People of the State of
Illinois^ represented in the General Assembly^ That the
inhabitants of the town of Glencoe, in Cook county, be and
are hereby constituted a body politic and corporate, by the
Name and style, name and style of " The Village of Glencoe ;" and by that
name, shall have perpetual succession, and may have and
use a common seal and change and alter the same at
pleasure.
Boundaries. § ^- The boundaries of said village shall be as follows :
Commencing at a point in Lake Michigan, one half mile
east of the point where the one-eight section line, in the north
half of section six, in township forty -two north, of range
thirteen east of the third principal meridian, meets the
shore of said lake ; thence west to last named point, and
upon said one-eight section line, to the township line;
TOWNS — INCORPORATED. T45
thencQ south, on said township line, to the one-eighth sec-
tion line, in the north half of section eighteen, in said
township and range ; thence east, on the last named one-
eighth section line continued to the quarter section line of
section seventeen ; thence north, on the quarter section line
of said section seventeen and section eight, in said town-
ship and range, to the shore of said lake ; thence east one-
half raile ; and thence northwesterly to the point of begin
ning : Provided, the limits of said village may be extended
so as to include therein any addition that may be made
thereto and anytract of land the owner or owners of which,
or a majority of them, may desire to have included in said
village.
^ 3. The inhabitants of said village, by the name and corporate pow-
style aforesaid, shall have power to sue and be sued, im- ^^*^'
plead and be impleaded, defend and be defended, in all
courts of law and equity and ia all actions whatsoever ; to
purchase, receive and hold property, both real and j)er-
sonal, within the limits of the corporation ; to purchase, re-
ceive and hold real property, beyund the limits of the cor-
poration, for burial grounds or other corporate purposes,
for the use of said inhabitants ; to improve and protect
such property, and lease, sell, convey and dispose of the
same, and do all other acts and things in relation thereto
that natural persons may do.
ARTICLE II.
OK THE COUNCIL AND PRESIDENT.
Section 1. The municipal government of said village Power? vested
shall be vested in a council, consisting of a president and *'^'^°"'^"'-
five councilmen, who shall be elected annually by the legal
voters of said village and continue in office until their suc-
cessors are elected and qualified.
§ 2. No person shall be a member of the village coun- Qu.aiiiication
cil unless he be a legal voter and shall have been an actual fof members,
resident of said village one year, immediately preceding
his election.
§ 3. Every member of the council, before entering oaih of office,
upon the duties of his office, shall take and subscribe an
oath that he will support the constitution and laws of the
United States and this state and that he will well and truly
perform the duties of his otfice, to the best of his skill and
abilities.
§ 4. The council shall be judges of the qualifications, EiecUon returns
elections and returns of its own members, and slu\ll deter-
mine all contested elections.
§ 5. A majority of the council shall constitute a quorum ciuonim.
to do business, and a smaller number shall adjourn from
time to time and compel the attendance of ftbsen't meiTibers,
Vol. III-9i
T4:6 TOWNS — INCORPORATED.
under such fines iind penalties as may be prescribed by
ordinance.
Rules of pro- § 6. The council shall have power to determine the
cetdings. ^^^^j^ ^^ ^^^ proceedings, punish its members and other per-
sons for disorderly conduct, and, with the consent of two-
thirds of the members elected, expel a member,
joiirual of § 7, The council shall cause to be kept a journal of its
procee ngs. proceedings, and such journal or a certified copy thereof,
under the hand of the clerk and seal of the corporation,
shall be received in all courts and other places, without fur-
ther proof, as evidence of all the matters therein contained.
No member § 8. No member of the council, during the term of his
appointed to of- ^q^^q^ shall be appointed to any office nnder the authority
of the council, except temporary clerk, nor make any con-
tracts with the council or corporation, nor be in any manner
interested in such contract.
Annual state- § 9- The couucil shall cause to be published a full and
raent oi the re- complete Statement of all moneys received and expended
ceipts and ex- J i- j • .i ^- i i ^
penditiires'. by the Corporation during the preceding year and on what
account received and expended.
Tie vote, how § 10. Whenever there shall be a tie in the election for
determined. niembers of the council, the judges of election shall certify
the same to the police magistrate, who shall determine the
same, by lot, in the presence of the judges, ^yho shall enter
the result thereof on their returns of said election,
tated meetings § 11. There sliall be a stated meeting of the council
in each month, and such other meetings at such times and
places as may be prescribed by ordinance. The president
and any two councilmen may call a special meeting of the
council.
Presiding offl- § 12. The president shall preside at all meetings of the
cer of council, couucil, preserve order and have the casting vote, and no
other. In case of his absence at any meeting, the council
shall appoint one of their number to preside.
Duties of the § 13. The president shall be the chief executive officer
president. of the Corporation, and, as such, shall be a conservator of
the peace, and have power to arrest, without warrant, and
bring to trial any person guilty of a violation of any ordi-
nance or provision of this act ; and he is hereby authorized
to call upon au}'^ male resident of said village, over the age
of eighteen, to aid in the enforcement of the ordinances of
said village and to preserve the peace ; and any person
failing or refusing to obey such call shall forfeit and pay
to the said corporation a fine not exceeding ten dollars.
Neglect of duty § l-l". Tlic president shall inspect the conduct of all
of offlcerff. subordinate officers of said vilhige and cause negligence
and positive violation of duty to be prosecuted and punish-
ed. He shall have power, whenever he may deem it neces-
sary, to require of any of the officers of said corporation an
exhibit of his books and ])apers ; and he shall perform such
TOWNS — INOOEPORA.TED, 747
other additional acts and duties as may be required of hira
bj ordinance.
ARTICLE III.
OF ELECTIONS ASD 0FKICKR9.
Section 1. There shall be elected by the qualified Election of
voters of said village, annually, on the first Tuesday oi and^coundi!*"*^
April, a president and five councilmeu, an assessor, collec-
tor, street commissioner, marshal and police constable, and
quadrennially a police magistrate, who shall hold their re-
spective offices until their successors are elected and quali-
fied : Provided, when the inhabitants of said village num-
ber three thousand an additional police magistrate and con
stable may be elected. All vacancies, except of police
magistrate, shall be filled by appointment, to be nominated
by the president and confirmed by the council. Eemoval
from the corporate limits, refusal to serve or neglect to
serve for one month shall constitute a vacancy.
§ 2. At all elections, the polls shall open at 9 o'clock Modeandmat-
in the morning and close at 5 o'clock in the evening. Ten "*'' ""^ election.
days' notice ot the time and place of each election shall be
given, by posting three or more written or printed notices
thereof in as many public places within the corporate limits,
such notices to specify what officers and what taxes, if any,
are to be voted for ; notices of the first election to be signed
by three or more legal voters, and of subsequent elections
by the corpoi-ation clerk. At the first election under this judges of eiec-
act, the electors present, at the time of opening the polls ^*°"*'-
shall elect two of their number to act as judges and one as
clerk, who shall give certificates to the persons elected, and
make returns of the poll book and certificate attached, to
the clerk, when he shall be appointed and enters upon the
duties of his office. All other elections shall '"^e held by
two competent persons, appointed by the council, to act as
judges, and the corporation clerks : Frovided, in the absence
of any of these parties the electors present at the opening
of the polls may elect any of their number to fill the place
of such absentees ; and all judges and clerks of elections
shall be duly sworn, and shall conduct such elections as is
retpiired by the general election laws of this state, shall
canvass the votes and make returns thereof to the corpora-
tion clerk. The corporation clerk shall make duplicate
certificates of the election of police magistrate and forward
the same to the clerk of the Cook county court, whose duty
it shall be to file one certificate in his office and forward one
to the governor of the state of Illinois, for a commission
for the person elected. A failure to elect officers on the
day herein named shall not operate as a dissolution of the
corporation ; but such election may be held on any subse-
quent day, by giving the required notice.
748 TOWNS — mCORPOEATED.
Qaaiwcation of § 3. 1^0 person shall vote at any election of officers of
^°^^''®- said corporation unless he be Qualified to vote for represen-
tatives to the general assembly, and shall have resided with-
in the limits of said village ibr sixty days next preceding
such election. No person shall be elected or appointed to
any office under this act, unless he be a qualified voter.
All elections shall be by ballot, and tie votes, except for
members of the council, shall be decided by lot by the
president, in presence of the council.
Oath of office. | 4. The assessor, collector, street commissioner, mar-
shal and police constable, before entering upon the duties
of their office, shall take and subscribe an oath, to be filed
with the clerk, and give bonds to the corporation, by its
corporate name, for the faithful performance of their duties,
and under such penalties and conditions as may be re-
quired by law and the council, to be approved by the
council.
Assessor and § 5. The asscssor and collector shall perform such du-
coiiector. ^j^g ^g ^^^^ ^^ required of them by law and ordinance, and
shall receive such fees for their services as the council may
fix : Provided^ that their fees shall not exceed the fees fixed
by the laws of this state for like services.
street commie- § G. The Street Commissioner under the direction of
Bioner. ^^^ council, shall have supervision of roads, streets, bridges,
sidewalks, crossings, alleys, lanes, public grounds, parks,
commons, drains, ditches, sewers, corporate buildings and
corporate property, and all improvements made by the
corporation, and perform such other duties as may be pre-
scribed by ordinance, and receive such fees as may be fixed
by the council.
Marshal. § 7. The marshal shall be chief of the police, chief of
the fire department, conservator of the peace, and health
officer, and perform such duties as the council may from
time to time direct, by ordinance or otherwise, and receive
such fees for his services as the council may fix. The mar-
shal, policemen or ])olice constables, or any or either of
them, shall have authority to arrest, with or without war-
rant, any person committing crime or found engaged in
violating any provisions of tliis act or any ordinance of said
corporation, or any person liable to escape before warrant
can be procured; and for such purpose may follow any such
person into any part of Cook and Lake counties, and there
arrest such person, and confine such person in a safe place
or hold him in custody until he may be brought to trial ;
and any person who shall forcibly resist the marshal or any
])olicenian or police constable in the discharge of his duties,
shall, upon conviction thereof, forfeit and pay a fine of not
less than ten dollars and not exceeding one hundred dollars.
.lurisrtictiouof § S. The policc magistrate shall be commissioned and
po Ke magis- q^^gjiggj j^ the samo manner as justices of the peace, and
shall have the same jurisdiction, powers, emoluments and
. TOWNS — INCORPOKATED. 749
fees, and shall do aud perform all acts and thinga authorized
by law, as other justices of the peace in Cook county. He
eiiall be conservator of the peace, and have jnrisdiction in
all cases arising under this act and the ordinances of the
corporation, in preference to any other justice of the peace,
though not exclusive jurisdiction thereof, and shall be enti-
tled to the same fees for his services as are now or may be
allowed by the laws of this state for similar services, and to
be collected in the same manner. Appeals and changes of
venue may be taken from him in the same manner as from
other justices of the peace, and in case of malfeasance or
misfeasance in office, he shall be subject to the same line
and penalties as are imposed by law upon justices of the
peace. It shall be the duty of any justice of the peace of
Cook county, when an appeal is taken to him from such
police magistrate, to hear and determine the case ; also,
upon complaint being made to him for any violation of this
act or any ordinance, to issue his warrant, process or sum-
mons, and exercise the same jurisdiction as such police
magistrate, and be entitled to the same fees, to be collected
in the same manner. No person shall be eligible to office
of pohce magistrate unless he shall have resided in said
village one year next preceding his election, and, in case of
a vacancy, the council shall order a special election to fill
such vacancy.
§ 9. The police constable of said village and all other Jurisdiction of
constables are hereby authorized aud directed to execute
any process or order issued or made by such police magis-
trate, in the same manner as process is executed from other
justices of the peace, and shall receive such fees therefor as
are allowed by the laws of this state for similar services,
and to be collected in the same manner. The police con-
stables shall have the same power and authority, in all
cases arising under the laws of this state, as other consta-
bles, and be entitled to the same fees, for services rendered.
The police constables and othar constables serving any pro-
cess or writ, issued or made by such j^olice magistrate, for
the violation of any of the provisions of this act or of any
ordinance of said corporation, or for any criminal oflense,
shall have authority to serve the same anywhere in Cook
or Lake county ; and for any negligence or violation of
duty the police constable shall be subject to the same fi^ne
and penalties as other constables under the laws of this
state.
police constable
ARTICLE IV.
POTTERS OP COUNCIL.
Section 1. The council shall have power to levj' and , Levy and coi-
collect taxes on all taxable property, real and personal,
within the limits of said corporation, not exceeding two
per cent., per annum, upon the assessed valuation thereof,
money.
750 TOWNS — INCOEPOKATED. .
for general purposes, unless a greater amount of tax is au-
thorized at an annual or special election, and to levj, assess
and collect special taxes or assessments, according to law,
for local purposes or improvements, arid to enforce the pay-
ment of such taxes and assessments in any manner to be
prescribed by ordinance, not repugnant to the constitution
and laws of the United States or of this state.
May bonow s 2. To borrow monev, on the credit of said corpora-
tion, by issuing bonds,- at a rate oi interest not exceeding
ten per cent., per annum : Provided^ that the outstanding
bonded indebtedness shall not exceed ten per cent, of the
assessed valuation of the property within the limits of said
village, and that any tax levied in any one year for the
payment of the principal of such bonded indebtedness shall
not exceed one per cent, of such assessed valuation.
ludebtedness. § 3. To appropriate money and provide for the pay-
ment of all debts and expenses of the corporation.
Appointment § 4. To appoint a clerk, who shall be clerk of the coun-
cil and of the corporation, treasurer, p»olicemen, and such
other officers and agents as the council may deem neces-
sary to carry this act and the ordinances made pursuant
thereof into full eflect ; to prescribe their duties, to hx their
compensation and to remove any appointee from office; to
require all officers and agents so appointed to take an oath
of office and file the same with the clerk, and to give bond
for the faithful performance of their duties, to be approved
by the council, and in such penalty as the council may
direct — all such bonds to be given to the corporation, by
its corporate name ; to examine, at any time, the official
bonds of the officers and agents of this corporation, and, if
found insufficient, to require new bonds ; and upon such
officer or agentiailing to furnish such new bond, satisfactory
to the council, tbe council shall declare his place vacant.
General health. g 5, To make regulations to prevent the introduction
uf contagious diseases into the village, and to secure the
general health of the inhabitants ; to declare what shall be
a nuisance, and to prevent, abate and remove the same,
when located in the corporate limits or within one mile
thereof and not within the village of Winetka, and to pun-
ish the author thereof,
improvcinflni g G. To lay out, opcn, alter, widen, extend, establish,
aLfhfgiw.iyr'' vacate, abolish, grade, pave or otherwise improve and keep
ill good repair all roads, streets, lanes, avenues, alleys,
squares, commons, parks, or other public grounds or places
in said village, and to have exclusive control of the same,
and, in order to keep the same in good repair, may require
every able-bodied male inhabitant, over the age of twenty-
one and under tifty, to labor on the same, not exceeding
three days in every year, or pay commutation in lieu
tiiereof at the rate of one dollar for each day they ma}'^ be
required so to labor ; and the inhabitants of said village are
TOWNS — INOORPOEATED, 751
hereby exempted from workinsr on any road beyond the Exempt from
!• -i. !• -J L- 1 x- • i. road labor out-
hmits or said corporation, and irom paying any tax on side to\\-n limits.
property within the corporate limits, to procure labor to be
done thereon, and to cause any road, street, lane, avenue,
alley, public square, conimoii or park, laid out or to be
laid out, widened or extended, to be surveyed and platted,
and the plat thereof to be tiled with the corporate clerk,
together with a minute of the survey.
§ 7. To build and keep in repair bridges, culverts. Bridges and
street crossings, sidewalks, drains, ditches and sewers, and '^''^^^''*' ® '
to provide for lighting the streets and erecting lamp points.
§ 8. To provide for ])rotecting, inclosing, adorning or improving
otherwise improving any squares, commons, parks or other p"^''^*^ grounds.
public grounds within the said village, or any other
grounds or places belonging to said corporation, and for set-
ting out or planting trees, and protecting the same along
the roads, streets and avenues, in said village.
§ 9. To provide for the erection of all needful build- Public baikUngs
ings for the use of the intiabitants of said village.
§ 10. To provide for surveying, platting, numbering and smveyapdpiat
recording the plat of any and all out-lots or lands, within
the limits of said corporation and the additions thereto, and
to cause such out-lots and lands to be designated by such
numbers in the assessment lists, and to sell the same for
the non-payment of taxes by such designation.
§ 11. To provide for surveying, platting and recording cemeteries.
the platof a cemetery, for the use of the inhabitants of said
village, and for protecting, ornamenting and keeping the
same in repair ; and such cemetery shall be forever exempt
from taxation ; and to determine the location and bounda-
ries of cemeteries and prevent the interment of the dead
in such places as may be injurious to the health of the iii-
liabitants.
§ 12. To provide the village with water, to dig wells weiis, cisterns.
and cisterns, and to erect hydrants and pumps, for the use
of the inhabitants.
S 13. To provide for the prevention and extiniruish- Extinguishment
. /• - • J . -J 1 i. <^ • of flies.
meiit ot lires, and to organize and regulate lire companies
and determine fire limits.
§ 14. To provide for the inspection of hay, grain, coal, in-spectiou of
lumber, butter, lard and other provisions, and for the meas- ^^^^ <^°* • ^^*^-
urement of wood and fuel.
S 15. To erect market houses ; to establish markets and Markets and
",., 1 •ii'..! ^1 1 market houses.
market places, and provide tor the government and regula-
tion thereof.
§ IG- To regulate the storage of gunpowder, tar, pitch. Combustibles,
turpentine, rosin and other combustible materials, and to
prevent the firing of guns and other firearms or combus-
tibles, within the limits of said corporation.
S 17. To prevent the running at larire of mischievous , Running at
lHr£f6 01 D0*S6S
or diseased animals ; to prevent the indecent exhibition of cattle, etc.
752
TOWNS — INOOKPOKATED.
Chimneys, etc.
ludecencies.
Kiots, affip.j'e
and tumnlts-
horses and other animals, and to regulate or prohibit the
running at large of horses, mules, cattle, sheep, swine,
goats, dogs and other animals, and to provide for the de-
struction of dogs running at large contrary to ordinance.
Public pound. g ig. To establish and maintain a public pound, appoint
a poundmaster, prescribe his duties, and fix his fees.
Fasten animals. § 19. To compcI persons to fasten horses, mules and
other animals attached to vehicles, while standing upon
any road, street, lane, alley or public place or uninclosed
lot in said village, and to prevent animals from standing
upon the crossings and sidewalks ; to prevent the abuse of
animals, and to prevent horse-racing or any immoderate
riding or driving within the limits of said corporation of
horses or other animals.
§ 20. To regulate the fixing of chimneys and flues and
partition walls and fences.
§ 21. To prohibit and prevent any indecent exposure
of the person, or other lewd or shameful practice, and pun-
ish persons guilty thereof.
§ 32. To prevent, suppress and prohibit any riot, aflray,
tumult or disturbance of the peace, by loud or unusual
cries, noises or any other disorderly conduct, disorderly as-
semblages, assaults, assaults and batteries, battles by agree-
ment, fighting matches, shooting matches, horse-racing, and
cock fighting, within the limits of said corporation ; and to re-
strain and punish vagrants, mendicants, beggars and pros-
titutes.
§ 23. To prohibit, prevent and punish any wanton in-
jury to private property, disorderly intrusion upon any
private premises, petty pilfering, destruction or injury of
shade trees, or any other disorderly proceedings, endanger-
ing or trespassino; upon the rights of private persons or
property.
§ 24. To license, tax and regulate or suppress theatrical
and other exhibitions, shows and amusements, ball alleys,
and billiard tables, when the same are carried on as a busi-
ness and for a pecuniary benefit,
§ 25. To license, tax and regulate auctioneers, peddlers,
hawkers, ordinaries, retailers, taverns, brokers, pawnbro-
kers, money changers, hackney carriages, coaches, omni-
buses, wagons, carts and drays, and fix the rate to be
charged for the carriage of persons and for the wagonage,
cartage and draj^age of property.
§ 20. To restrain, prohibit and suppress tippling houses,
dram shops, gambling houses, faro boards, lotteries, gift en-
terprises, bawdy houses, and other disorderly establishments.
§ 27. To restrain, ju-ohibitand suppress all descriptions
of gambling, swindling and fraudulent abuses, and to pun-
ish all persons in any manner engaged therein.
Police, g 28. To establish and regulate the police of said vil-
lage, and provide for the protection of property and tho in-
habitants thereof.
Injury to pri-
vate property.
Exhibltious.
Auclioiiecrti,
petldlcrp, etc.
Gambling and
other devlceo.
TOWNS — INCOKPORATED. 753
§ 29. To establish rules and regulations for bathing and Bathing houses-
bathing houses.
§ 30. To establish crossings on railroads, within the Railroad tracks
corporate limits, and make necessary rules and regulations «^<i crossings.
for keeping the same unobstructed ; to regulate the speed
that railroad engines and trains may run within the corpo-
rate limits, and to prevent the obstruction of streets and al
leys by the standing of cars upon the same, and require
railroad companies to keep their ditches, bridges and cross-
ings, within the corporate limits, in good condition.
§ 31. To provide for taking enumerations of the inhab- census,
itants of said village, and, at any time, to divide the said
village into wards, alter the boundaries thereof, and erect
additional wards, as occasion may require ; and when the
council so divide the village into wards, the same shall con-
sist of one president and two councilmen foi- each ward ;
and the council may at any time divide the village into
two or more election districts, and establish polling places
therein.
§ 32. To provide a prison or other secure place, in which s impriBonment,
i. 1 i- • 1 i.- ••11 V 4.-1 ■ place of.
any person arrested lor violatmg any criminal law ot this
state or any ordinance or provisions of this act, may be
confined, until he may be examined and tried ; and to pro-
vide for the punishment of ofienders against any ordinance
or provision of this act, by imprisonment, not to exceed
twenty days in such prison or other secure place, and de-
fray the expenses of the same.
§ 33. To pass all ordinances which the council may Make aid pass
deem necessary and proper for the carrying into full effect °^ "^™^s>'-
the provisions of this act and for the regulation of the mu-
nicipal government of said village, and to execute the
same ; and to impose fines, forfeitures and penalties for the
violation of any ordinances or any provision of this act, and
to provide for the enforcement of such ordinances and the
recovery of snch tines, forfeitures and penalties, in any
manner, not repugnant to the constitution of the United
States and of this state : Fro'oided,, that any person
charged with a breach of any provision of this act or any
ordinance shall be entitled to trial by jury, in the manner
l>rovided by statute for persons charged with assaults and
assaults and battery : And^ p^'ovided, that in no case shall
any such fine or forfeiture exceed the sum of one hundred
dollars for any one offense ; and any such tine or forfeiture
may be recovered before the police magistrate or any jus-
tice of the peace in Cook county, in the corporate name ;
and the police magistrate or justice of the peace may, un-
less the amount of such judgment be paid forthwith or sat-
isfactory security be given, issue executions against the
goods and chattels of the defendant so tined, immediatel}'
upon the rendition of judgment, or he may commit such
defendant to the prison or other secure place provided by
Vol.111— 95
754 TOWKS — INCOKPORATED.
the council or to tlio Cook county jail, until such judgment
and costs are paid, or there to remain 48 liours ; and if the
line exceed ten dollars, then to remain in such confinement
twenty-four hours for every five dollars over and above
the said ten dollars, and so on in proportion to the amount
of said fine.
ARTICLE V.
TAXES — GENERAL AND SPECIAL.
' Efetimate taxeis SECTION 1. Before the annual election, the couucil shall
year!*^^ ®°^"'"^ make an estimate of the taxes required for the ensuing
year ; and if the amount estimated exceeds two per cent.
of the assessed valuation of the taxable property within
the corporate limits, the council shall cause to be specified
in the election notices what taxes over and above the said
two per cent, are required, and for what purpose ; and on
the day of election, at 2 o'clock, P. M., the judges of elec-
tion shall call the voters present to order, and the clerk
shall state what taxes are required, as per election notice;
and the voters shall declare, by vote, w^hat taxes, over and
above the said two per cent., shall be levied and collected,
and for what purpose ; and all such taxes then ordered
t^hall be levied and collected by the council : Provided^
the council may call a special election to vote for taxes,
upon giving similar notice thereof.
Assessor to be § 2. The assessor, governed bv the laws of the state di-
governed by the , • , i . ' 5 , •'.. , , i ,
state law. rectmg the assessing ot property lor state and county pur-
poses, shall make an assessment of all taxable property in
said village, and on or before the first day of June deposit
his assessment roll, duly certified, with the clerk; and the
clerk shall, within ten days thereafter, post up notices, in
tour public places in said village, that the assessment roll
is filed in his office and open to the inspection of all parties
interested, and that at the regular meeting of the council,
in July, the council will consider any objections made to
said roll. "When the council has considered all such ob-
jections and amended or corrected said roll, as to it shall
seem proper, the council shall confirm the same, and, from
and after such confirmation, all taxes levied upon real es-
tate are declared a lien thereon until paid.
DatieB of the ^ 3^ 'Y\\Q clerk shall make a copy of said assessment
roll, and extend thereon the taxes levied, and, on or before
the first day of September, issue a warrant, under the seal
of said corporation, signed by the president and clerk, with
Kuch a copy attached, to the collector of said village, com
mandiiig liim to proceed and collect the same and make
due return thereof, within ninety days after date. In
making such collection, the said collector is vested with the
same powers given to town collectors. He shall proceed
in the same manner to collect and make returns of delin-
quent taxes to the clerk. He shall pay over to the treas-
clerk.
TOWNS — INCOEPORATED. 755
nrer all money collected, less his percentage, as fast as col-
lected, and be liable, with his sureties, for all taxes that, by
the use of due diligence, he might have collected and shall
fail 80 to do.
§ 4. At any term of the county court of Cook county, ^^^Jii(i^?meDt _ob-
atter the return of the collector is made, the clerk may pro- deiinquenuamL
ceed to obtain judgments against the lands specilied in said
returns and on which the taxes may remain unpaid, for the
taxes and costs thereon, and sell the same, under the order
of said court ; and, in so doing, he shall be governed by
the laws of this state prescribing the duties of county treas-
urer, in like cases, and be entitled to the same fees. And
the county court of Cook county shall exercise the same
jurisdiction, and the clerk of said court shall perform the
same duties, with like fees, as in other cases of judgment
and sale of lands for delinquent taxes.
§ 5. Lands sold for taxes, under this act, may be re- tj,^e\°'^'j4'J'^ *J^
deemed in the same manner as lands sold for the non-pay- redeemed,
ment of state and county taxes, and, if not redeemed, deeds
thereof may be given in like manner.
§ 6. When the council shall determine to open, layout, cominiesioiiera
1^ ,_ . il*!*! 1. * ±. ID.&K6 &S86S9-
alter, widen or extend any public highway, street, avenue, ment for im-
lane or alley, or shall determine to make any improvement, p^o^iig sf'eets.
the cost of which or part thereof is to be paid by special
assessment, the council shall appoint two competent per-
sons, who, with the assessor, shall constitute commissioners
to make such assessment. The clerk shall issue to them
his warrant, commanding them to make the assessment or-
dered, within thirty days from the date thereof. The com-
missioners, before entering upon the duties of their office,
shall be sworn by the clerk or some person authorized to
administer oaths, faithfully and impartially to make such
assessments, to the best of their ability ; and, in making
such assessment, shall determine the damage, if auy, occur-
ring to the owner or owners of any land in opening, laying
out, altering, widening or extending any such public high-
way, street, avenue, lane or alley, or in making any such
improvements, and determine the benefits, if any, occurring
to the owner or owners of land thereby, and also determine
the benefits accruing thereb}^ to the public, and in all
things make such assessments according to law, and shall
file their assessment roll, with the warrant and their certifi-
cate attached, with the clerk within the time prescribed by
the warrant : Frovided., no public highway, street, avenue,
lane or alley shall be opened, laid out, altered, widened or
extended, only upon the petition of two-thirds of the
owners of lands through which the same may pass, or upon
the petition of the owners of one-half of the property front-
ing on the same, or upon the petition of one-half of the le-
gal voters, or the petition of fifty resident freeholders of
said village.
T56 TOWNS — INCOEPOEATED.
^Confirmation of § 7. After the filing of such assessment roll, the same
meiit. ' proceedings shall be had for the inspection, correction and
confirmation thereof; for the collection of the special taxes
or assessments thereon ; for judgment and sale for delin-
quencies ; for redemption from such sale and for giving of
deeds, in case of non-redemption, as described in preceding
sections, concerning taxes for general corporate purposes ;
and from and after the confirmation of such assessment
roll, the special taxes or assessments levied, shall be a lien
upon the lands therein named, until paid : Provided^ the
council may, for good cause, set aside such assessment and
cause another to be made by the same or other commis-
sioners ; and the council may suspend, for a time, the col-
lection of any such assessment: And jprovided^ the council
shall have power to sue for and recover such special taxes
or assessments, in the corporate name, before any court of
competent jurisdiction, in an action of debt.
Lastasscssmeut § 8. Instead of a general assessment, the council may
to be adopted, g^jj^pf ^^ \}i\Q,\x last asscssmeut, made under the general
laws of this state ; and the council may direct the clerk to
.certify general and special asessments to the clerk of the
county court of Cook county, who shall extend the same
upon the town collector's books; and for the collection
thereof, the same proceedings shall be had and the same fees
allowed as in the case of state and county taxes; and the
town collector and county treasurer shall pay over all mo-
ney collected thereon to the treasurer of the village.
ARTICLE VI.
SCHOOLS.
Temtoiy de- SECTION 1. The territory included within the corporate
district. liniits, and all additions to said village, is hereby made a
school district, for school purposes ; and the council shall
be, ex officio, school directors thereof, and shall have
the supervision and control of public schools therein, and
shall have power to appoint a superintendent of schools ;
to purcluise and hold real estate for school purposes ; to
build and kce}) in repair school houses ; to establish and
maintain schools; to levy and collect all taxes for school
purposes voted for by the legal voters of the village upon
the taxable property within the corporate limits, and to do
and perform all things that school directors may do under
the general school laws of the state, not inconsistent with
this act.
Higii scLoo!. g 2. The council shall have power to establish and
maintain a high school, and schools of such grade and char-
acter as may meet the wants of the inhabitants ; to fix the
terms and conditions upon which scholars residing beyond
the corporate limits may attend the schools located in said
corporate limits ; to fix the salaries of teachers ; to make all
TOWNS — INCORPORATfeOi Y5 7
needful rules and regulations for the government of said
schools, for the advancement of the students and the preser-
vation of their morals ; and the selling, bartering, exchang- saie of liquors.
ing, trafficking in, or in any manner disposing of any spirit-
uous, vinous, malt, fermented, mixed or intoxicating liquors,
within the limits of said corporation and within one ^
mile thereof, not to interfere in any manner with the
village of Winetka, is hereby expressly prohibited ; and
any person who shall violate this provision, either directly
or indirectly, by giving away or in any other manner, shall
forfeit and pay the sum of twenty-five dollars for the first
oftense, and any amount, not less than fifty nor more than
one hundred dollars for each subsequent offense, to be re-
covered in the corporate name, before the police magistrate
or au}" justice of the peace in the county where the offense
was committed or where the offender may be found ; and
such party may be committed until the fine and costs are
paid ; and this forfeiture may be enforced, from and after
the passage of this act; and all fines recovered and col-
lected under this provision shall he applied to the support
of schools.
§ 3. The superintendent, under the direction of the Management
council, shall have the custody of all school property and ertyf °° ^'^°^'
the general supervision of the schools ; he shall examine ap-
plicants for teaching ; employ teachers ; prescribe the course
of studies, and perform all such duties as may be required
of him by the council.
§ 4, The treasurer of the corporation shall be school Appointment ot
treasurer; and all moneys collected by tax or otherwise in «'^'^°'-'it''«*8urer.
the corporate limits, for school purposes, shall be paid over
to him ; and all public officers required by law to pay
money for school purpose to the school treasurer of town-
ship forty-two north, of range thirteen east of third princi-
pal meridian, shall pay the ratable proportion thereof di-
rect to the treasurer of said corporation ; and it is hereb}'
made the duty of the school treasurer of said township to
pay over to the treasurer of said corporation, out of the
township school fund of said township, an amount, bear-
ing the same proportion to the w^hole amount of said fund
as the land in said corporate limits bear to all the lands in
said township, and upon his failure so to do, the council
may institute suit, in the corporate name, before any court
of competent jurisdiction, and recover such proportionable
amount; and the treasurer shall hold and manage such
school funds, under the direction of the council, in the
same manner as township treasurer.
768 TOWNS — INCOKPOEATED.
ARTICLE VII.
MISCELLANEOUS PROVISIONS.
Style of ordi- SECTION 1. The stjle of the ordinances of said village
nances. gj^^j^ l^g^ u^^ ^-^ ovdamed hy the Council of the village of
OlencoeP
Record of all § 2. All orders, ordinances, by-laws and resolutions
ordinances. passed by the coimcil shall be recorded in a book to be kept
tor that purpose, which book, purporting to be a record of
the ordinances of said village, shall be received in evidence
in all courts and places, without further authentication or
proof.
Publication of | 3. Printed or written copies of all ordinances passed
by the council shall be posted up in at least three of the
most public places in said village, within thirty days after
their passage ; and all ordinances shall take effect at the
expiration of ten days after such posting.
Evidence and | 4. All Ordinances, orders, by-laws, resolutions and
P'oo o . proceedings of the council may be proven by the seal of the
corj)oration and the signature of the clerk, and when printed
or published in book or pamphlet form and purporting to
be printed or published by authority of the council, shall
be received in evidence in all courts and places, without any
farther authentication or proof.
Actions vested g 5, AH suits, actious and prosecutions instituted, com-
n corp . y,jg^^g(j Qj. i3i.ought by the corporation hereby created, for
any violation of ordinance or of this act, for the recovery of
any fine, forfeiture or penalty, shall be commenced by or-
dinary summons, and in the name of the village of Glencoe ;
or, in'case of complaint, upon oath, before the police magis-
trate or any justice of the peace, that any person has vio-
lated any provision of this act or any ordinance of said cor-
poration and that there is danger of the offender escaping
or absconding, the police magistrate or justice shall issue
his warrant for the arrest of such offender, and may com-
mit or hold him to bail until tried.
Fines paid to § ()_ ^.11 fines, forfeitures and penalties, received or col-
town treasurer. 1 " 1 ,. , , ' , ,, -,^ , . 1 11
lected tor the breach of any orUmance or tms act, and all
license fees and other moneys collected by virtue of this
act or any ordinance passed in pursuance of this act, shall
bo paid by the officer or person receiving the same to the
treasurer of said village, who shall give proper vouchers
therefor.
Money paid to ^ 7. No money shall be paid out of the treasury of the
wha?**''^'^c^count Said Corporation, save upon resolution of the council, speci-
P*^^- ^'yi"g to whom and upon what account the same is paid,
and on order, signed by the president and countersigned
by the clerk, drawn in pursuance of such resolution ; and
the clerk shall keep a record of all such orders made and
treasurer.
TOWNS — INCORrOKATED. 759
the treasurer of all orders paid, giving date, name of payee,
amount, and upon what account paid.
S 8. The treasurer shall keep a separate account of all "'iJutiefj of the
moneys collected and paid out tor djiiorent purposes ; and
money collected for a certain purpose shall not be paid out
for any other purpose, unless not actually needed for the
purpose for which it was collected, and only upon the spe-
cial order of the council.
§ 9. This act is hereby declared a public act, aud shall
take effect and be in full force from and after its passage.
Approved March 29, 1869.
AN ACT to incorporate the town of Grafton. In force March
31, 1869.
CHAPTER I.
BOCNDARIES AND TITLE.
Section 1, Be it enacted hy the People of the State of
Illi7iois, represented in the Gener^al Assembly, That the Boundaries.
district of land in the county of Jersey, and state of Illinois,
known and described as follows : Beginning at a point on
the Mississippi river, where the sectional line between sec-
tions no's, thirteen (13) and fourteen (14), in township
number six (6) north, range number twelve (12) west of the
third principal meridian, intersects said river ; thence
northwardly, along said sectional line, to the northeastern
corner of the southeast quarter of section number eleven
(11), in said township and range ; thence westwardly, to
the northwest corner of the southwest quarter of section
number nine (9), of same township and range ; thence
southwardly, to said river ; thence, along said river, to the
place of beginning, be and the same is hereby incorporated
as "The Town of Grafton."
§ 2, That the resident inhabitants of said town shall be Name and style
and they are hereby constituted and shall hereafter con-
tinue forever to be a body politic and corporate, by the
name and style of "The Town of Grafton ;" and, by that
name, shall be known in law, and have perpetual succession, corp..,iate pow-
and may sue and be sued, plead and be impleaded, defend ^'*"
and be defended, in all courts of law and equity and in
all actions and matters whatsoever; may purchase, receive,
hold and enjoy real and personal property, and choses in
action, within and without the limits of said town, for the
use of the inhabitants thereof, and may sell, lease, convey
and dispose of the same, for the benefit of said town or
the inhabitants thereof, and may improve and protect such
property ; and may have and use a common seal, and alter
the same at pleasure ; and may do all other acts, as natu-
ral persons, which may be necessary to carry out the
powers hereby granted.
town council.
760 TOWNS — INCORPORATED.
CHAPTER II.
GOTKRNMENT.
Powers vested SECTION 1. The coi'porate powers of said town shall be
in town council, ^^q^iq^ jq a town couiicil, to be composed of seven persons.
One of their number shall be chosen at their first meeting
president of said town council, by a majority of the voters
of the members of said town council.
Officers. § 2. The other ofScers of said town shall be a town
clerk, who shall be, ex officio, treasurer, an assessor, a con-
stable, who shall be, ex officio, collector, and a street com-
missioner.
Quaiiflcatiouof § 3. iSTo pcrsou shall be eligible to any of said offices
offlcehoiders. ujiless a citizeu of the United States, and who shall have
resided at least one year in said town previous to his elec-
tion : Fromded, the said town council may appoint any
other officers, as they may deem necessarj, whose duties
they shall prescribe by ordinance.
Election of §' 4. The members of the town council shall be elected
"'"" """""' ijy ti^e qualified voters of said town, and hold their offices
for one year and until their successors are elected and
qualified. The other officers shall be appointed by a ma-
jority of the town council.
Conservators of § 5. The members of the town council and the consta-
the peace. i^^^^ ^,^ ^^^^ iQViVL shall [be] and they are hereby created con-
servators of the peace within and for said town.
Fees of office. § 6. The Salaries and fees of all officers of said town
shall be fixed and regulated by said town council.
Vacancies, how § 7. When a vacancy shall occur in any elective office,
^"®'^' either by a failure of the people to elect or by the death,
removal or resignation of any incumbent, the town council
shall forthwith declare said office or offices vacant and order
a new election ; and if, from any cause, there shall not be
a sufficient number of the town council left to form a quo-
rum it shall be the duty of the clerk to order such election.
Removal from g s. Any pcrson clectcd to any office under this act
may be removed from such office by a two-rhirds vote of
the members of said town council ; but no person shall be
removed unless for good cause, nor until first furnished
with the charges, in writing, and heard in his own defense;
and said town council may compel the attendance of wit-
rujssos and production of papers, for that purpose, and shall
proceed in a summary manner to hear and determine the
merits of the case; and the trial may proceed, exparte; and
if decided against such officer his office shall be declared
vacant and a new election ordered, as heretofore provided.
Durini!: such trial such officer may be suspended till the
final disposition of said trial : Provided, this section shall
not apply to officers appointed by the town council. Such
officers may be removed at any time by a two-thirds vote
of said council.
TOWNS — INCOEPOEATED. 761
§ 9. That said town council may, by ordinance, require oath of office.
and fix what oaths of office any of its officers may be re-
quired to take. They may also require official bonds to be
filed by any of its officers, the nature and amount thereof
to bo fixed by ordinance.
CHAPTER III.
KLECTIOXS.
Section 1. An annual election for said members of Annual election
town council shall be held in said town on the first Tues- "^^
day in April, in each year, at such place as the town coun-
cil may designate. Six days' previous notice of the time
and place of holding such elections shall be given by the
town clerk, by posting notices of the same in three public
places in said town ; and the persons receiving the highest
votes cast shall be declared elected.
§ 2. There shall be annually appointed two judges of ^J'^^ges of eiec-
elections and one clerk of the polls, who shall hold their
offices till their successors are appointed. If no judges be
present at the times appointed for the opening the polls or
the judges present refuse to act, the voters may elect two
of their number to act as judges ; and the judges may ap-
point a clerk, if the clerk appointed be absent or refuse to
act.
§ 3. At such election the same oath shall be taken by oath of judges,
the judges and clerks, and they shall have the same au-
thority as the same officers at the state elections have; and
the manner of voting at, conducting and contesting said
elections, the opening and closing of polls, keeping of poll
list, canvassing of the votes, and certifying the returns,
shall be the same, as near as may be, as at the general state
election. The returns shall be returned to the town clerk
within three days after such election ; and thereupon the
town council shall meet and canvass the same and declare
the result of the election.
§ 4. Any person qualified to vote at general state elec- Qnaiiflcations
tions, who has resided in said town for three months imme-
diately preceding such election, shall be entitled to vote.
§ 0. All special elections shall be conducted in the same . special meet-
manner — public notice of the same to be given as of annual '"^'*
elections.
CHAPTER IV.
POWERS AXI) DUTIK3 OF OFKICKKS.
Spzction 1. The president of the town council shall pre- Presiding ofwce
side at the meetings of the town council [and] preserve
order thereat. He shall have power, whenever he shall
deem it necessary, to call special meetings of the council.
In his absence or inability or refusal to act, the council shall
appoint one of their number, who shall act as president,
Vol. III-96
762 TOWNS mOORPOEATED.
])T0 tempore, who shall have the same powers and be sub-
ject to the same liabilities, for the time being, as the presi
dent.
Record of pro- | 2. The clork shall keep the corporate seal and all
cee mge. books and papers of said town ; he shall keep a full and
complete record of the jDroceedings of the council ; and copies
of all papers filed in this office and of the journals and
records of said town, certified to by him, under the corpo-
rate seal, shall be admitted in all courts of this state, in evi-
dence, to the same extent as the originals ; to receive all
moneys due said town, and pay out the funds of said town,
on orders drawn by the president of said town council and
countersigned by the clerk ; he shall keep an accurate
account of the receipts and expenditures of said town ;
he shall, before entering in on the duties of his oflice,
file a bond, in manner and sum as the town council, by or-
dinance, rray require.
Assessor. ^ 3. The Essossor shall perform the duties to be required
of him by the town council, to be by them fixed by ordi-
nance.
couector's duty § 4_ The collcctor shall collect all taxes and assessments
in favor of said town.
atreet'^co^i's- § ^- '^^^ Street Commissioner shall perform such duties
Bioner. Rs the town council may prescribe by ordinance.
Jurisdiction of § 6. The constable shall have the same authority, with-
eonstabiG. jj^ Jersey county, as any other constable of said county,
and shall be entitled to the same fees. Within the town
of Grafton he shall have power to arrest, with or without
a warrant, on view, any person who may be found violating
any ordinance of said town.
Officers to g 7. The town council may require any of the ofiicers
Bbcnrity^ * ^^ of Said towu to file bouds, for the faithful discharge of their
offices ; may fix the penalty. Said bonds shall be made
payable to the town of Grafton, for the use of the inhabit-
ants thereof; and the said council may require other duties
of all the ofiicers of said town, not conflicting with the du-
ties herein set forth. The official bonds in this section
mentioned shall be, after being approved by said town
council, tiled in the office of the town clerk.
CHAPTER V.
TOWN COUNCIL — ITS POWEI'.S.
Slated meeUngB SECTION 1. Thc towu couucil sliall hold One Stated meet-
ing in each month in the year, and the president or any
three members of said council may call a special meeting,
by notifying each member of the towu council. Such meet-
ing siiall be held at the place or places and times as the
couucil may prescribe.
Quorum. g 2. The president of the town council shall have a
casting vote only. A majority of the councilmen elected
TOWNS — INCORPORATED. 763
under this act shall constitute a quorum for tlie transaction
of all business ; but a lesser number may meet and adjourn,
from day to day, and compel the attendance of absent mem-
bers, imposing sucli penalties for non-attendance as they
may deem advisable.
§ 3. The town council shall keep a journal of its pro- Jouraai of pro-
ceedings, and shall have power to frame the rules for its ^^'^ ^^^'
government, and punish its members for disorderly con-
duct.
§ 4. The town council shall be the judge of the election Qualifications
and qualiticatlon of its own members, and shall have the °^ ^^"^"^^'^
management and control of the finances, and all the pro-
perty, real, personal and mixed, belonging to said town,
and shall have power, by ordinance :
J^irsi — To borrow money, on the credit of the town, and May borrow
issue bonds therefor : Provided, that no sum shall be bor- '^'^'^^y'
rowed at a greater rate of interest than ten per cent., per
annum : Provided, all proposals to borrow money shall be
submitted first to the legally qualified tax paying voters of
said town and approved by a majority of such voters voting
at such election.
Second — To appropriate money and provide for the pay- Appropriationa.
ment of the debts and expenses of said town.
Third — To make needful rules and regulations for sani- sanitary regu:
tary purposes and preserving the health of said town.
Fourth — To tax, license, regulate, control or prohibit License sale of
the selling or giving away of any spirituous, vinous, malt, ^^^^°^^-
brewed or fermented liquors in said town.
Fifth — To license, tax, regulate, suppress or prohibit Buiiard tables
billiards, bagatelle, pigeon hole, or negro billiard tables, f^yl''°^"°^ ^'
pin alleys, ball alleys or other gaming tables or alleys.
Sixth — To tax, license and regulate liackmen, draymen, Hack-men,
carters, porters, cabmen, packers, carriers, and others, who ^rfeTs" ^^^
may pursue like occupations, with or without vehicles,
when the same is done for pay, and prescribe their com-
pensation.
Seventh — To tax, license and regulate auctioneers, distil- urolers'^et!^!'^^'
Icrs, brewers and pawnbrokers.
Eighth — To have the sole right, exclusive of the state, to Pedaievs, etc
license, tax, regulate or suppress hawkers or peddlers.
jyinth — To license, tax, regulate or prohibit all exhibi- Exhibitions,
tions of common showmen, shows of every kind, concerts,
exhibitions of natural or artificial curiosities, of theatrical
performances, caravans, menageries, circuses, and other
exhibitions or amusements.
Tenth. — To suppress, restrain and prohibit all descrip- ^ambuug, etc.
tion of gambling, gaming or fraudulent devices, and all
playing of any games of chance or hazard, with or without
betting, all disorderly houses and groceries, houses of ill-
fame, and is authorized through its proper ofticers, the
premises.
764 TOWNS — INCOKPOEATED.
destruction and demolition of all instruments and devices
used for the purpose of gambling.
Abate nuisances Eleventh. — To compel the owner or occupant of any un-
wholesome or nauseous house or place to cleanse, remove
or abate the same, as often as may be necessary for the
health, comfort and convenience of the inhabitants of said
town.
Markets and Twelftk. — To ercct market houses, to establish markets,
mar e oueeb. j^^]^q rulcs for the government of the same and to provide
for the erection of needful buildings for the use of the
town.
Combustibles. Thirteenth. — To direct the location and management of
houses for storing gunpowder, tar or other combustible or
explosive material, or to prohibit the same.
Incumbering FouHeenth. — To prevent the incumbering of the streets,
streets. sidewalks, lanes, alleys or public grounds of said town.
Construction of Fifteenth. — To cause cross and sidewalks, drains, sewers
sidewalks. ^^^ aqucducts, to be constructed and laid, relaid and re-
paired.
Ice and dirt Sixteenth. — To compel persons to keep snow, ice, dirt
rem SI ewa s. ^^^ ^ rubWsh from the sidewalks in front of the premises
owned or occupied by them,
^ciean^privaie Seventeenth. — To fill up, drain, cleanse, alter, relay, repair
' ""°"° and regulate any lots, blocks, grounds, yards, barns, slips,
cellars, private drains, sinks and privies, and direct and
regulate their construction, and cause the expense to be as-
sessed on the premises benefited thereby, and collect the
same like town taxes.
Shade trees. Eighteenth. — To preserve ornamental or shade trees.
Fast driving. Nineteenth.— -To prevent horse-racing, immoderate riding
or driving in the streets, lanes, avenues or alleys, and to
punish the abuse of animals.
Fasten horses. Twentieth. — To compel persons to fasten their horses,
oxen or other animals, while standing or remaining in the
streets, lanes, avenues or alleys.
Vagrants, etc. Twenty -first. — To restrain and punish vagrants, mendi-
cants and prostitutes.
Running Mt Twenty-second. — To restrain, regulate and prohibit the
large ot auimais j.mmjjjg at large of domestic animals and geese, and to
allow the destruction of dogs running at large contrary to
any ordinance regulating or restraining the same.
Unusual noi^^es. Iwcnty -third.— To prevent noises, demonstrations, devices
and performances, tending to the collection of persons on
the streets or sidewalks, to the annoyance or disturbance of
the inhabitants of said town.
Chimneys and Twenty fouHh. — To prevent the dangerous construction
*"®*- and condition of chimneys, fire-places, hearths, ovens,
stoves, stovepipes, engines, boilers, and other apparatus
used in and about any building or manufactory, and cause
the same to be removed and placed in a safe and secure
condition, when considered dangerous.
TOWNS — INOOKPORATED. 7G5
Twenty-jiftJi. — To regulate and prohibit the use of tire- Pire work?,
arms and aU kinds of tire-works.
Tioenty-sixth. — To provide for the prevention and extin- Extinguishment
guishment of fire, and the saving and preservation of pro-
perty, in case of lire.
Twenty -seventh. — To establish bridges and keep them in Bridges,
repair.
Twenty -eighth. — To establish, regulate and appoint po- Police, etc.
lieemen and watchmen.
Twenty-ninth. — To fix all fees of jurors, witnesses and Pees.
others rendering services for the town.
Thirtieth. — To appoint inspectors, weighers and gangers, ^^l^^l^ """^
and prescribe their duties.
Thirty first. — To declare what shall be a nuisance, and Nuisances.
abate the same.
Thirty -second. — To provide for the punishment of offen- Pimisimieutof
ders, by tine or imprisonment, or both, m the coimty jaii
or town calaboose, and by requiring them to work on the
streets, lanes or alleys of said town, or in the quarries of
said town, in all cases where the oflenders shall fail or re-
fuse to pay any fines or forfeitures recovered against them :
Provided, such fines shall not exceed one hundred dollars,
and such imprisonment shall not exceed six months for any
one ofiense.
Thirty-three. — To license, tax and regulate insurance ^''=®"*^„i"^":
J ' ^ 1 ^ ^ ranee companies
agents, express agents, steamboat agents, merchants, brok-
ers, commission merchants, inn-keepers, grocery keepers,
or any persons who shall use or exercise any franchises or
privileges.
Thirty -fourth. — To make any regulation or ordinance for R^'es and reg-
the preservation of the good order and safety of said town.
Thirty-fifth. — To make, publish, ordain, amend and re- Pass and enforce
ini ^• I 1,- I ordinances.
peal all such ordinances and regulations as may be neces-
sary for the good government and the trade and commerce
thereof, and to enforce the same, by fine or imprisonment,
or by both.
CHAPTER VI.
REVENUE ASSESSMENTS AND COLLECTION.
Section 1. The town council shall have power to levy ?°^^^'' '"JfJ^^
and collect, annually, taxes, not exceeding one-half of one taxes,
per cent, of the assessed value of all real and personal
property within said town. The same property as is taxable
by the state laws may be made taxable by such town au-
thorities.
§ 2. The town council shall regulate the manner of^g^^^^*^* '^*
assessment, levy and collection of such taxes, and shall have
full power, by ordinance, to provide for the obtaining judg-
ments for delinquent taxes, the advertisement and sale of
766 TOWNS — mCOKPORATEl).
real and personal property for such delinquent taxes, and
the conveyance and confirmation of titles thereto, not to
be repngnant to the constitution of this state.
CHAPTER VII.
STREET OR POLL TAX.
Inhabitants to Sbction 1. Every male inhabitant residing within the
■ limits of Grafton, between the ages of twenty-one and fifty
years, shall labor, not exceeding five days in each year,
upon the streets and alleys of said town ; but any person
may pay, in lieu thereof, to the street commissioner, five
dollars. In default of such labor performed, within ten
days after the time of warning, and default of payment of
such commutation fee within the same time, after such
warning, suit shall be brought against such delinquents for
the sum of five dollars each. The street commissioner shall,
at the first meeting of the council after the day or time
when he shall have called on such inhabitants and warned
them when and where each one of them was required to
work, as aforesaid, or as soon thereafter as he practicably
can, report to said council, the names of all delinquents ;
thereupon the council may authorize the street commis-
sioner to commence proceedings against any such delin-
quents. All moneys collected by the street commissioner,
as aforesaid, shall be paid over by him to the town clerk.
CHAPTER VIII.
MISCELLANEOUS PROVISIONS.
Style of Old-;- Seotion 1. The style of all ordinances passed by said
nances. town council shall be "jSe it ordained hy the Town Coun-
cil of the Town of Grafto7if shall be read three times
before their final passage ; the ayes and noes shall be re-
corded.
Approval of | 2. All Ordinances shall, before they take efiect, be
or mances. pij^ced iu the ofiice of the town clerk, and if the president
approve the same he shall sign the same, and such as he
does not approve he shall return to the town council, with
his objections thereto. Upon the return of any ordinance,
as aforesaid, the vote by which the same was passed shall
be reconsidered, and if a majority of all the members of
the town council shall agree, by the ayes and nays, to pass
the same, it shall go into efiect. If the president shall
neglect to approve or object to any ordinance for a longer
period than three days after the same shall be placed in
the clerk's ofiice, the same shall go into efiect the same as
if he signed it; but to the certificate of the clerk to any
such ordinance, the clerk shall certify to such facts.
Remission of § 3, The town council may remit any fines due the town
or release any one from imprisonment for a violation of any
TOWNS — INCOEPORATED. 767
ordinance of said town, bj a vote of two-thirds of all the
members of said council,
§ 4. No ordinance or regulation imposing any penalty, Puniehmentof
fine or imprisonment, for a violation of its provisions, shall ^'^'atioD"-
bo efiectual, unless after its passage true copies of the same,
duly certified to by the town clerk, under the corporate
seal, be posted in four of the most public places of said
town. A certiiicate of such requirements having been car-
ried out, signed by the said town clerk, under the corpo-
rate seal, shall be sufficient proof of the same in any court
or courts of this state.
§ 5. The town of Grafton shall not be required to give Notiogivesc-
any security in any appeal or other suit to which it shall ^'"'*^ ^°''' '^°'^^'
be a party.
§ 6. The town council shall have power to designate j„rytnai.
one or more justice? of the peace of said town, who shall
have authority to hear and determine all violations for any
breach of the ordinances of said town, before whom in all
cases for a violation of the town ordinances any person so
charged shall be entitled to a jury of six lawful men, being
residents of said town. Should the justice of the peace,
designated as aforesaid, refuse or be unable to act, then
actions may be instituted before any other justice of the
peace of said county. There shall be no change of venue
allowed to any defendant charged with any violation of the
ordinances of said town. Appeals may be taken by any
such defendant from such justice of the peace, by such
party entering into bonds, as in other cases of appeals from
justices of the peace.
§ 7. Execution shall issue immediately on the reudi .Execution may
tion of judgment, and if not paid or satisfied immediately, tiouofjndgmeiit
it shall be the duty of the constable to return the same at
once to the justice of the peace issuing the same ; there-
upon the said justice shall issue a initiwius, to commit the
defendant to the town calaboose or the jail of Jersey count}^
there to be and remain twenty-four hours for each one dol-
lar of any such fine and costs. All dues or tines collected
for or on behalf of said town shall forthwith be paid to
the town clerk by the person collecting it.
§ 8. Alt actions brought to recover any penalty or for- Fine? and for-
feiture incurred under this act or the ordinances, by-laws or [ecoTered. '^"^
public regulations, made in pursuance of it, shall be brought
in the name of the town of Grafton. It shall be lawful to
declare, generally, in debt, stating the clause of this act or
ordinance under which the penalty or forfeiture is claimed.
§ 9. In all prosecutions for any violation of any ordi-
nance, by-law, police or other regulations of this act, the
first process shall be summons, unless oath or affirmation
be made for a warrant.
§ 10. The members of the town council and the con- Power to arrcat
stable shall have power to arrest or to cause the arrest, with ^ocess. ' °^
768
TOWNS — mCOKPOEATBD.
Proof of ordi-
nances.
Present officers
to continue .
Fines, forfeit-
ures, etc.
Proof of act.
or without process, of all persons who shall break the
peace or threaten to break the same, and commit them to
the town calaboose or county jail, until examination can be
had before the proper oflBcer.
§ 11. All ordinances may be proved by the corporate
seal, and, when published or printed in book or pamphlet
form, purporting to be published by authority of the town,
shall be received as evidence in all courts and places,
without further proof.
§ 12. All present officers of said town, now in office,
shall so remain until superseded in conformity hereof.
This act shall not invalidate any legal act done by the
present town council of said town or by its officers, nor
divest their successors, under this act, of any right of pro-
perty or otherwise or liability, which may have occurred to or
been created by said corporation prior to the officers created
by this act taking possession of their property and effects.
§ 13. All fines, judgments, forfeitures or suits at law
undetermined, in behalf of or in favor of the president
and board of trustees of Grafton, shall be collected and
prosecuted by the town of Grafton, and become their sole
property. All property, real, personal or mixed, now
owned by the president and board of trustees of the town
of Grafton, shall vest in the town of Grafton.
§ M. This act shall be deemed a public act, and may
be read in evidence, without proof, and judicial notice shall
be taken thereof in all courts and places.
§ 15. This act to take effect from and after its passage.
Appkoved March 31, 1869.
In force March
8, 1869.
iN ACT to incorporate the town of Georgetown.
Section 1. Be it enacted by the People of the State of
Illinois^ represented in the General Assemhly^ That the
inhabitants of the town of Georgetown, in the county of
Yermilion, and state of Illinois, be and they are hereby con-
stituted a body corporate and politic, by the name and style
Name and style, of the "The Towu of Georgetown;" and, by that name,
shall have perpetual succession ; may sue and be sued, and
may have and use a common seal, and alter and change the
same at pleasure.
BoundHries. § 3, Said towii of Georgetown shall comprehend and
embrace all of that territory contained in the east half of
section thirty-one and the west half, and the west half of
the east half of section thirty-two, and the southwest quar-
ter of the southeast quarter and the south half of the south-
west quarter of section twenty-nine, and the south half of
TOWNS — INCOEPORATED. 769
the southeast quarter of section thirty, town 18 n., range 11
w., county of Vermilion, Illinois.
§ 3. There siiall be a town council, which shall consist Council,
of a president and board of live trustees, to be elected as
hereinafter directed. The other officers of the corporation
shall be a clerk, a treasurer, a constable, one police magis-
trate, an assessor, and such other othcers as the council
shall from time to time appoint.
§ 4. The president, trustees, and other officers specified tj.^g*|gg®°^ *°"^
in this act, shall be elected annually, on the first Monday
of Aj)ril of each year, by the qualified voters of said corpo-
ration, and shall hold their office for one year, and until
their successors are elected and qualified ; and all the pro-
visions of an act entitled "An act tor the better government
of towns and cities, and to amend the charters thereof," ap-
proved February 27, 1854, and the several acts amendatory
thereto, are hereby declared applicable to the said town of
Georgetown. The first election, to elect the ofiicers of said
corporation, shall be held on the first Monday of April after
the passage of said act, at the office of any justice of the
peace in this the limits of the corporation. Said election
shall be conducted as all general elections of the state.
§ 5. All the officers, except such as are mentioned in Appointment
section 3 of this act, shall be appointed by the president and '^
trustees, at their first meeting after the annual election, and
shall hold their offices one year and until their successors
are appointed and qualified.
§ 6. The board of trustees, or a majority of them, shall Election returns
judge of the qualifications, elections and returns of their
own members, and shall determine all contested elections.
A majority of the board shall constitute a quorum to do
business, but a smaller number may adjourn from day to
day, and compel the attendance of absent meinbers, under
such penalties as they may prescribe by ordinance.
^ 7. All the vacancies which may occur in any of the .'w&en vacan-
ni' 1 /"ii 1 • 1 "^ T '11 cies occur, how
offices may be tilled m such a manner as may be prescribed mied.
by ordinance.
§ 8. The officers of said corporation shall, before enter- oath of office.
ing upon the discharge of their duties, take an oath well
and truly to discharge the duties of their respective offices.
The treasurer and constable, and such other officers as the
council shall by ordinance direct, shall execute a bond, with
securities to the president and trustees, in such sum or sums
as the council may direct, for the faithful discharge of their
duties.
§ 9. Any person shall be allowed to vote at any corpo Quaiiflcation
ration election for any person to hold office under the pro-
visions of this act, who shall have resided at least one month
next preceding the election within said corporation, or shall
be the owner of property in real estate and a tax-payer in said
corporation at the time of such election, and who is a citi-
Vol III— 97
inga.
770 TOWNS — INCOKPORATED.
zen and legal voter at any election in this state, and the
vote of all persons who are neither residents upon said cor-
poration nor tax-payers, as before specified, shall be re-
jected.
Levy and col- § 10. The council sliall have power and authority, by
lecttax. ordinance, to levy and collect taxes upon all property, real
and personal, within the limits of the corporation, not ex-
ceeding a fou :th of one per cent., per annum, upon the as-
sessed value thereof, and may enfurce the payment of the
same in any manner to be prescribed by ordinance, not re-
pugnant to the constitution of the United Si ates or of this
Appropriations, state ; to appropriate money and provide for paying the
debts of said corporation ; to make regulations to prevent
the introduction of contagious diseases into said town ; to
make all needful rules to prevent hogs and cattle from run-
Needfai build- ning at large in said town; to provide for the erection of
all needful buildings for the use of said town ; to provide
for inclosing, improving and regulating all public grounds
belonging to said town, and to restrain, prohibit and sup-
press all tippling houses, dram shops, gaming houses and
Tippling houees all other disorderly houses; and the inhabitants of said town
shall have power to restrain, prohibit and suppress all tip-
pling houses, dram shops, and all other shops where spirit-
uous liquors are kept and sold, by such means and in such
manner as they may deem advisable, excepting such per-
sons as are authorized to sell spirituous liquors under the
Preventfon ."nd eleventh (il) scctiou of this act. Said council shall have
of fires power to provide tor the extinguishment and prevention oi
tires, and for organizing and establishing fire companies;
to regulate the election and appointment of corporation
officers, and provide for removing from office any person
holding office under the corporation, and for filling vacan-
Penaity for vi- cies ; to impose tines, penalties and forfeitures, for the
oiaiiona. breach of any ordinance, and to provide for the recovery
and appropriation of such tines and forfeitures and enforce-
ment of such penalties; the council shall have power to
make all ordinances which shall be necessary and proper
for carrying into execution the powers specitied in this act.
Sale of liquors. § H. The council shall have power to license the sale of
liquors by such person or persons as they may deem prop-
er, f )r the following purposes, to-\vit : For burning tiuid,
mechanical, medicinal and sacramental purposes, and no
other ; and the person or persons so licent^ed shall, before
being authorized to sell, under the provisions of this act,
take an oath that he or ihey will not sell or otherwise dis-
pose of any spirituous liquors, knowingly, for any other
than the above named purposes ; and the person or persons
so licensed and sworn shall make a written quarterly report
to said council, once in ninety days, cei tilled to under oath,
whicii report shall contain a full and accurate account of all
the spirituous liquors sold by him during the last preceding
TOWNS — INOOEPOEATED. 771
ninety days, the names of the persons, in full, who have
inirchased the same, the amount sold to eacli person, re-
spectively, the price for which each parcel has been sold,
and the cost price of the same.
§ 12. The style of the ordinances of this corporation style of ordi-
shall be, ^''Be it ordained hy the Fresident and Trustees of'^^^'^'^'-
the Town of Georgetoimi.''''
§ 18. All deeds of conveyance shall be signed by the signature of
president and countersigned by the clerk and attested by veyanees.etc"^"
the seal of the corporation.
§ 14. All prosecutions for violations of any of the ordi- Jurisdiction of
nances of said corporation shall be prosecuted before any *^°°^
justice of the peace in said corporation ; and it is made the
dut}' of the corporation constable to execute all process is-
sued by any such justice Jbr the violation of any such ordi-
nance, and said constable may execute the same anywhere
within the county of Vermilion, and shall be entitled to
the same fees for traveling as are now allowed by law in
other cases ; and it is made the special duty of the constable
to report to some justice of the peace within the corporation
all violations of any of the ordinances of the corporation
which may come within his knowledge.
§ 15. All ordinances passed by the council shall, within Publication oi
one month after they have been passed, be published in °''"^"'*°'^
some newspaper in the county of Yermilion, or posted up
in at least three public places in said town at least three
weeks, and shall not be in foice until they shall have been
so published.
§ 16. The assessor shall assess the property, both real Assessor.
and personal, in said corporatit)n, between the first of May Dutieiof.
and July, of each year, and shall make return to the board
of trustees on or before the first Monday in July, or at such
other time as the board may direct, at which time the coun-
cil shall proceed to assess and levy the taxes for said corpo-
rati(m for the current year, and cause a list thereof to be
delivered to the constable for collection, who is hereby
made collector for said town.
§ 17. Appeals shall be allowed from any and all cases , Appeal taken
. . 11 • ■ ,. 1 . '' T to Circuit court.
arismg under the provisions ot this act, or any ordinance
passed in pursuance thereof, to the circuit court of Ver-
milion county.
§ IS. This act is hereby declared to be a public act, and Biyiaence of act.
shall be construed beneficially for all the purposes herein
contained, and may be read in evidence in all courts of
law and equity within this state.
§ 19. This act shall be in force from and after its pas-
sage.
Appeoved March 8, 1809.
TOWNS — INCOKPOEATED.
In force March AN ACT to iucorporate the town of Greenview, in the county of Menard,
30, l;69. and stdte of Illinois.
Corporate poW'
er«.
Section 1. Be it enacted hy the People of the State of-
Illinois^ represented in the General Assembly^ That the
inhabitants and residents of the town of Greenview, Me-
nard county, are hereby made a body corporate and poli-
Nameand style, tic, undcr the name and style of " The President and Board
of Trustees of the Town of Greenview;" and, by that
name, shall have a perpetual succession, and a common
seal, which they may alter at pleasure, and in whom the
government of the corporation shall be vested and by whom
its affairs shall be managed.
Boundaries of § 2. The boundaries of said corporation shall be those
the town. at this time established by the ordinar.ces of the present
corporation of said town, which said ordinances are hereby
legalized for that purpose.
Additional ter- § 3, Whenever any addition of town lots shall be made,
ritory annexed, ^(^joiiixng Said Corporation, and shall have been properly
recorded, as required by law, the same shall become annex-
ed and a part of said corporation.
§ 4. The inhabitants of said town, by the name and
style aforesaid, shall have power to sue and be sued, to
plead and be impleaded, to defend and be defended, in all
courts of law and equity and in all actions whatever, both
real and personal ; to purchase, receive and hold real or
personal property within the limits of said town ; to pur-
chase, hold and receive property, both real and personal,
beyond the corporate limits of said town, for the purpose
of burial grounds or other public purposes, lor the use of
said town ; to sell, lease or dispose ot property, both real
and personal, fur. the benefit of said town, and to improve
and protect such property, and to do all other things in re-
Istion thereto as natural persons.
§ 5. The corporate duties and powers of said town shall
be vested in live persons, who shall form a board for the
transaction of business ; and the persons who may be in
office as trustees of said town, under the general and cor-
poration laws of this state, shall, after the passage of this
act, be deemed to hold their offices by virtue of this act
until the lirst Monday in August, 186'J, and until their suc-
cessors in office are elected and qualified, and to discharge
their duties iu conformity to this act.
6. That there shall be elected on the first Monday in
August, 1869, and on every first Monday in August there-
after, five trustees, who shall hold their offices one year and
until their successors iire elected and qualified ; and public
notice of the time aiid place of holding such elections shall
be given by the president and board of trustees of said
town, by posting up notices in three of the most public
Vested powers.
Election
true Lees.
of
TOWNS — INCOKPOEATED.
T73
places of said town, at least ten days before said election.
Ko person shall be t^liij;ihle to the office of trustee of said
town unless he shall be a white male inhabitant al)Ove the
age of twenty-one years and a freeholder in said town, nor
unless he shall have resided in said town at least one year
previously to his said election. All male inhabitants over Qmiiflcations
the aj^e of twenty-one years, who may have, under the °'"'^^^"^-
laws of this state, a right to vote at any general eleciion in
said town, for any s-tate or county ofiHcers, shall be entitled
to vote at said election for said trustees. • And said board
of trustees, at their first me'.ting, shall proceed to elect one Appointmen*:
of their own board as president, and shall have power to of oncers,
fill, by appointment, all vacancies which may occur in sa'd
board, by death, resignation or removal Said trustees shall
h?ve power to appoint a town clerk, assessor, collector and
treasurer — all of whom shall be required to give bond,
with good security, in such conditions as the said board of
trustees may require, and who shall also take an oath, be-
fore some justice of the peace or notary public, well and
faithfully to perform the duties of their respective cffices,
according to the best of their skill, information and ability;
and said trustees shall have power to appoint a town con-
stable, who shall hold his ofiice f u- one year and until his
successor shall be elected and qualified ; and it shall he the
duty of said constable to serve all writs, precepts and
process which may be issued against any person for any
violation of the ordinances of said town ; and said consta-
ble shall have the same rights, powers and privileges and
duties that other constables have, and shall have the same
fees taxed as costs that the law gives to other constables in
Menard count3\
§ T. The trustees, aforesaid, and their successors, or a KaieaforgoT-
majority of them, shall have full power and authority to
ordain and establish such rules and regulations, for their
government and direction and for the transaction of the
business and concerns of the corporation, as they may deem
expedient, and to ordain, establish and put in execution such
by-laws, ordinances and regulations as shall seem necessary
for the government of said town and for the management,
control, disposition and apijlication of its corporate prop-
erty, and, generally, to do and execute all such things
which may seem necessary to them to do, n"t repugnant
to the laws and constitution of the state of Illinois.
8 8. The said trustees shall have power to levy and col- , ^^^y «"^ "=o^
<-• r 11111 leciiuu ot tax.
lect a tax, not exceeding one per cent, on all lots, lands,
improvements and personal property in the limits of said
corporation according to valuation, to tax public shows,
concerts, lectures, exliibitions of all kinds, taverns, saloons,
etc., and to license peddlers, auctioneers and vendors of
patent medicines, etc., for the purpose of making and re-
pairing the streets and improving the same, and for keep-
774:
TOWNS — INCOEPORATED.
ing; them in repair, and for the purpose of erecting public
buildings and other works of public utility, as the interest
and convenience of said town may seem to require; and
may adopt such modes and means for assessment and col-
lection ot taxes as they shall, from time to time, deem ex-
pedient; and to prescribe the mode of selling property
when the tax upon it shall not be paid : Frovided^ no sale
of real estate shall take place until time and notice of such
sales shall be given by posting up notices in four public
places in said town, containing a list of the delinquent real
estate, at least thirty days prior to said sale.
Redemption of § 9. "When any lots or real estate shall have been sold
lana sold for tax f^jj. t^xcs, as aforesaid, the same shall be subject, in the
times and on the terms now provided for the redemption
of real estate sold for state and county taxes ; but should
the real estate so sold for taxes, in the time and manner
provided for by law, and if the purchaser or other person
for him shall have paid all taxes with which such real estate
or lots shall have been charged, up to the time when the
right of redemption shall expire, then and in that case it
shall be the duty of the president of the board of trustees
to make, execute and deliver to the purchaser or purchasers
thereof a deed therefor, signed by the president and coun-
tersigned by the clerk of the board of trustees.
§ 10. The board of trustees shall have power to regu-
late, grade, plank and improve the streets, alleys and pub-
lic squares in said town, for which purpose they shall have
power, annually, a road labor tax of not less than three nor
more than live days against every able-bodied male inhab-
itant over the age ot" twenty-one years and under the age
of tifty years, to be collected and expended in such man-
ner as they may determine and direct; and the said inhab-
itants of said town are liereby^ exempted from working up-
on any roads beyond the limits of the corporation and from
paying any tax upon property within its limits to procure
labor to work upon any such road.
Tippling houses. § H. The Said trusteos shall have powcr to tax, restrain,
prohibit and suppress tippling houses and gaming houses
and disorderly houses, and to tax, restrain and prohibit
billiard tables ; to lay out and vacate streets and alleys with-
in the corporate limits of said town, when the public good
may seem to require it.
Public peace. § 12. Said tiustces, or a majority of them, shall have
power to preserve good order and harmony in said town,
and to punish open indecency, breaches of the peace, horse
racing, disorderly houses, riotous meetings or assemblages,
and to punish persons for making loud or unusual noises or
for disturbing persons assembled fur the purpose of religious
or other meetings ; for which purpose said trustees may
make such by-laws and ordinances as they may^ deem neces-
Bury or expedient to carry the provisions of this act into
To h ave ex-
clusive power
over streets.
TOWNS — INOORPOEATED.
775
effect, and to inipo=e fines for the violation of any of their
bylaws ur ordinances, to be recovered before any justice of
tbe peace in 8;iid town, by action of debt.
§ 13, The board of trustees shall have power to provide wnifni viois-
lor the punishment ot oiienders, by imprisonment in tiie ithed.
county jail, in all cases where such offenders shall fail or re-
fuse to pay any fine or forfeiture recovered against tliemfor
the breach of any ordinance of the town : Provided^ that
such imprisonment shall not be of longer duration than at
the rate ot twenty four hours imprisonment for every two
dollars of the tine and costs.
§ 14. No fine for the breach of any ordinance shall ex- Fine limited.
ceed one hundred dollars nor imprisonment for a like of-
tense twenty days,
§ 15. It shall be the duty of any justice of the peace in . Dnties of the
said town, and he is hereby authorized and empowered, on """^ ^'^^^^ ^^^'^^
view or upon complaint being made to him, in writing, un-
der oath, of the violation of any law or ordinance of said
town, to issue his warrant, directed to the town constable
or any authorized person, to apprehend the offender or of-
fenders, and bring him, her or them before him, forthwith;
and, after hearing the evidence, if it shall appear that the
accused has been guilty of the violation of an y law or ordi-
nance of the corporation, to impose such fines or imprison-
ment as may be provided for by such ordinances.
§ 16. In all cases arising under the provisions of this Appeal taken,
act, appeals may be taken, writs of certiorari may be al-
lowed, as is now or may hereafter be provided by law.
§ 17. All fines or moneys collected for licenses granted Licenses, fines
under the provisions of this act shall be paid into the town pai^dtor^eTsurer
treasury for the use of the inhabitants of this town.
§ 18. The trustees shall provide all necessary books. Record of pro-
and have, by their oflicers, true and correct records kept of "^ "^^*'
all their proceedings fend of the proceedings of their offi-
cers, which books, or attested copies thereof, shall be proof
in all courts within this state — said records to be kept most
fully and entirely of all proceedings and acts of said board
of trustees and of all by-laws and ordinances; and no ordi-
nance shall be of any torce until the same shall have been
advertised, by publishing copies in three public places in
said town for ten days.
Ji 19. All ordinances, by-laws and resolutions passed by ordinances to
ii 1 1 r i i. J- ii • 1 ^ • ..J contmne in force
the board ot trustees ol the said town, as incorporated un- until repealed,
der the general law and which are now in force and not in-
consistent herewith, shall be and remain in full force until
tke same shall be repealed by the board of trusteees of the
corporation created by this act; and all ordinances now in
force or that may hereafter be ])assed by the board of trus-
tees of said town, when written, printed or published in
bjok or pamphlet form and pui-portingto be wriiten printed
or published by the authority of the trustees of the town,
776 TOWNS — INCOBPOKATED.
the same may be proven by the seal ot the corporation, and
shall be taken and received in evidence in all courts and
places, without farther proof.
Nuisance. § 20. The Said trustees shall have power to declare what
shall be considered a nuisance within the limits of the cor-
poration, and to provide for the abatement or removal
thereof.
Original act to § 21. The act entitled "An act for the better govern-
of'tws charter!' mcnt of the towns and cities, and to amend the charters
thereof," approved February 27th, 1854, shall be consti-
tuted a part of this charter of the town of Greenview, the
same as if specially recited.
General duties 8 22. The Said trustces, UDon the application of the
anii powejs of ^ r. •-, .•.ip.ii. . .
trustees. . owners ot a majority oi the iront lots on any street, or,
should public necessity or convenience demand it, without
such application, shall have power to make pavements or
sidewalks and to provide for the width of the same, and to
cause the persons specially benefited thereby to contribute
toward the payment of the same, in proportion to the bene-
fits they derive, which benefit shall be determined by three
I competent commissioners, who shall be freeholders of said
town, who has no special interest in said matters at issue,
and who have been sworn to perform their duties faithfully
and impartially, in the times and manner as shall be pro-
vided for by ordinance.
Evidence and § 23. This act is hereby declared a public act, and may
proo o a . 1^^ read in evidence in all courts of law or equity within
this slate, without further proof, and shall take effect and
be in force from and after the passage thereof. .
Approved March 30, 1869.
In force April AN ACT to incorporate the town of Gridley.
1, 18f.9.
Section 1. Be it enacted by the People of the State of
Illinois^ represented in the General Assemhly, That the
inhabitants of the town of Gridley, county of McLean, and
state of Illinois, are hereby constituted a body politic and
Nameandetyie corporate, by the name and style of "The President and
Trustees of the Town of Gridley ;" and, by that name and
style, shall have perpetual succession, and may have and
use a common seal, which they may change and alter at
pleasure, and in whom the government of the corporation
shall be vested, and by whom its affairs shall be managed.
General oorpo- g 2. The inhabitants of said town, by the name and
epoweis. gfyjy aforesaid, may sue and be sued, implead and be im-
pleaded, defend and be defended, in all courts of law or
equity, and in all actions whatsoever, and purchase, receive
TOWNS — INCOBPORATED. 777
and hold property, real or personal, within or beyond the
limits of said town, for burial grounds aud for other public
purposes, for the use of the inhabitants of said town; and
may sell, lease and dispose of property, real or personal,
for "the benetit of said town, and improve and protect such
property, and do all things in relation thereto as natural
jiersons.
§ 3, That the boundaries of the corporation of said ijouudar:es of
town be as follows, to wit: All of section four (i) and the tiie corporation.
north half of the north half of section nine (9), in townshiji
twenty-six (2()) north, range three (3) east of the third (3rd)
principal meridian.
§ 4. The government of said town shall be vested in ve6terf™™ard
live trustees, to be elected, annually, by the qualitied voters trustees,
of said town ; and no person shall be a trustee of said town
who has not arrived at the age of twenty-one years, and
who has not resided in said town one year next preceding
an election, and is not a citizen of the United states ; and
the said trustees, at their first meetino:, proceed to elect one
of their number president, and shall have power to till all
vacancies in said board that may be occasioned by death,
resignation or removal: Provided^ the vacancy shall not
exceed three mouths.
§ 5, The board of trustees shall determine the qualiti- Quaiiacaticns
cation of its members, and all cases of returns and elec- ^ "^"^ ^^^'
tions of their own body. A majority shall constitute a
quorum, but a smaller number may adjourn Irom time to
time, and compel the attendance of absent members, under
such penalties as may be prescribed by ordinance, and shall
have power to determine the rules of their own proceed-
ings, punish a member for disorderly conduct, and, with
the concurrence of three-fifths, expel a member.
§ 6. Each of the trustees shall, before entering upon oath of ofiice.
the duties of his office, take an oath to perform the duties
of his office to the best of his knowledge and ability, to
support the constitution of the United States and of this
state, and there shall be at least one regular meeting of said
trustees in each month, at such time and place as may be
prescribed by ordinance.
^ 7. There shall be elected in the town of Gridley, by E'ectiou of po.
1 Tr- 1 1 ;• 1 /• HT 1 • -»r 1 ''<^^ magistrate
the qualified voters thereof, on the first Monday ot Alarch, and coustawe.
1869, and on the first Monday of March q,\q,xv four years
forever thereafter, a police magistrate and a town constable,
who shall hold their respective offices for four years and
until their successors shall be elected and qualified. There
shall also be elected, at the said first election, and at every
election thereafter, (which elections are to be held on the
first Monday in March, in each year,) five trustees, one
street commissioner and one town treasurer, whose term of
office shall be for one year and until their successors shall
be elected aud qualified.
Vol. 111—98
'778 TOWNS — INCOKPORATED.
Eiigibiuty of § 8. No persoa shall be eligible to the office of piDliee
DoUce magis- j^agistrate, or to the office of town constable, who shall not
have been a resident of the town for one year next preced-
ing his election, or who shall not be a citizen of the United
States.
Biection of § 9. For the election of five trustees, a police magistrate,
trnstee?. town Constable, a town treasurer and street commissioners,
the town of Gridley is hereby declared an election precinct.
Justice torn- § 10. The pollco magistrate shall be commissioned by
^ovgraor^ ^^ ^^6 governor of the state of Illinois as a justice of the peace,
and, as such, shall give bond and take and subscribe to the
same oath of office as other justices of the peace, and shall
have exclusive jurisdiction of all cases arising under the
ordinances of the corporation and concurrent jurisdiction,
power and authority, arising in all cases whatsoever, with
other justices of the peace, under the law of this state, and
shall be entitled to the same fees for his services as other
justices of the peace, in similar cases: Frovided, that upon
the necessary oath being made by the defendant, as re-
quired by law governing justices of the peace, a change of
venue shall be granted, in all cases from the police magis-
trate of the town to the nearest justice of the peace, who is
- hereby invested in such cases with all the authority of the
police magistrate, and he shall proceed to try the same :
Provided, also, that in the eventof absence, sickness, death
or resignation of the police magistrate, the next nearest jus-
tice of the peace of McLean county be invested with all the
powers conferred upon the police magistrate by the pro-
visions of this act.
Duties cf town § 11. It shall be the duty of the town constable, when
conetabie. elected and sworn into office, to execute, anywhere in Mc-
Lean county, any writ, process and precept which may be
issued against any person or persons for the violation of any
ordinance of said corporation, and to arrest, at view, any
and all persons who may violate the same, and to take them
before the police magistrate or any justice of the peace of
said town, and to collect any line for forfeiture and penalty
which may be assessed or recovered for the use of said
town. The said town constable is entitled to the same fees
and to have the same powers as other constables in McLean
county.
Manner of vo- § 12. The first clectiou shall commeucc at ten o'clock
ducunr'^ eTeo". A. M., ou the tirst Monday in March, 1S69, or on any day
"oil- thereafter, by giving five days' notice, and close at four
o'clock P. M. on the day of such election ; and for the said
first election H. E. Sieberns, W. H. Boiss, H. Dunn, C. Iv.
Drum and I. T. Tarman, are hereby constituted corporate
trustees for said town. It shall be the duty of the said trus-
tees, or any two of them, to give at least five days' notice of
the time and place of holding said tirst election, by posting
up notices in at least three of the most public places in said
TOWNS — INCOKPOKATED. 779
town, and to be judges of said lirst election ; to a])point
their own clerks, receive and canvass their votes, declare
the result, faraish to each one of the persons elected a cer-
tificate of his election, certify the votes for police magistrate
and town constable to the clerk of the county court of Mc-
Lean county, and lay the poll books of such election before
the board at its first meeting; and all subsequent elections
shall be held as may be prescribed by ordinance.
§ 13. If two or more persons shall receive an equal Tie vote, how
number of votes for any corporate office, the board shall de- ^^^ided
cide the matter by lot.
§ 14. All ofiicers elected shall be required to qualify ah officers to
within five days after receiving official notice of such elec- ^ays!^ '° ^"^^
tion.
§ 15. All persons who are entitled to vote for state of- Quaimcatioi.
ficers, under the laws of the state, and have resided in said ° '^°^^^^-
town of Gridley three months next preceding the election,
shall be entitled to vote for all officers to be elected under
the provisions of this act.
§ 16. The board of trustees shall have power and an- Levyaud coi-
thority to levy and collect taxes upon all property, real and '^'^^ ^^^""
personal, within the corporate limits of said town, not
exceeding one-half per centum upon the assessed value
thereof, and may enforce the payment of the same in any
manner to be prescribed by ordinance, not repugnant to
the constitution of the United States or of this state ; and
the board of trustees is hereby authorized to provide for
the sale of personal property for taxes due thereon, as also
for the sale of real estate for the taxes due thereon, in such
manner as may be prescribed by ordinance : Provided,
said ordinance is not repugnant to the constitution of the
United States or of this state.
To appoint all necessary officers that are not heretofore Appointment
. , *^ i ,. "^ of officer*.
provided tor.
To appropriate money, and provide for the expenses of Appropiiations.
the corp(>ration.
To make regulations to secure the general health of the General health.
inhabitants of said town, and to prevent the introduction
of contagious diseases into said town.
To provide the town with water ; to sink and keep in Provide water.
repair wells and pumps in the streets, for the convenience
of the public.
To open, alter, extend, grade or otherwise improve and Repair streets.
keep in repair streets and alleys, and remove obstructions
therefrom, and to construct and keep in repair bridges.
To license, tax and regulate auctioneers, peddlers^ shows Auctioneere,
and amusements, for the admission to which money jg P«'^'^'«f^'"<=
charged.
To regulate and license, suppress or prohibit the selling Prohibit sale
of spirituous liquors, or any kind of vinous or malt liquors. ° ^*5'^''"-
within the corporate limits of the town.
780 TOWNS — INCOEPOKATEt).
Runnin^ at To restrain and prohibit the running at large of any
auf cattle. ^^ horsBS, Cattle, sheep, swine, goats or dogs, within said cor-
poration.
Public buildings To provido for the erection of all needful public build-
ings for the use of the town.
Public grounds. To providc for inclosing, improving and regulating all
public squares or places within or belonging to the corpo-
ration ; planting trees in the streets and public squares, for
ornament or shade, and the protection of the same.
Suppress dis- To restrain and prohibit shootiuir, horse-racing, indecent
orderly houses, g^posure of horsos or persons, houses of ill fame, gaming
and gaming houses, and other disorderly houses, and to
suppress the same.
May boiTow To borrow money on the credit of the town : Promded,
mouey. ^j^^ interest on the money borrowed shall not exceed ten
per centum, nor shall the interest on the aggregate of all
sums borrowed and outstanding ever exceed one-half of
the towi's revenue arising from tax assessed on real pro-
perty within the limits of said corporation, and unless a
majority of the legal voters of said town shall vote the same.
Nuisances. To define and declare what shall be deemed nuisances,
to punish the authors thereof, and provide for the removal
of the nuisance.
Compensation To reculate the compensation of town officers, juror's
of officers. j'^gg ^^^ witncss fccs, for services rendered, under this act
or by ordinance : Provided^ that in no case shall any mem-
bers of the board of trustees receive any compensation for
their services, but shall be exempt from road labor or serv-
ing on juries,
roiiectiou of The board of trustees shall have power to provide, by
axe.-,. ordinance, for the assessing, levying and collecting a special
tax on the owners of lots in any street, lane, avenue or
alley, or part or parts thereof, according to the respective
fronts owned bj" them thereon, for the purpose of paving,
grading, planking and making, in such manner as the board
shall direct, sidewalks and crosswalks, in such street, lane,
avenue or alley, or part or parts thereof, which tax is here-
I)y declared to be a lien on the lands, in reference to which
^ it is assessed, until it is paid, and to be a special tax, to be
collected as other corporation taxes are.
Railroad tracks, To require railroad companies to construct and keep in
bndL'es, etc. repair Suitable crossings at tho intersections of streets and
alleys, and to prevent their closing the said street crossings,
by leaving the cars standing on the same.
Exempt from Tlic inhabitants of the said incorporation are hereby ex-
empt from working poll tax for road labor and all highway
and road taxes whatsoever, otherwise than under the pro-
visions of this act.
Inhabitants to The boarl of trustces, to aid them in keeping bridges,
jiiieys, etc. ' strcets, lanes, avenues and alleys in repair in said town, shall
have power to require everj'^male inhabitant residing within
tOWlJS — INOOEPORATED. 781
the limits of the corporation, over twenty-one years of age,
and not incapacitated by sickness or other infirmity from
manual labor, to labor on streets, bridges, lanes, avenues or
■alleys, not exceeding three days in each and every year ;
and any person failing to perform such labor, according to
the ordinance of the town, in that behalf, from time to time
enacted, shall forfeit and pay such line as the board of trus-
tees shall direct: Provided^ that the board of trustees may
provide for the commutation of labor.
To provide for the prevention and extinguishment of fires, provide for
To organize and regulate fire companies. of flre?'**^'"^"'^
To suppress any riotous disturbance or disorderly asecm- suppress di
blage in any street, house or place in the corporate limits of oi'^^^^iy houses
the town.
The president and trustees shall require their clerk, and Record of pro-
it shall be his duty, to make and keep a full record of all ^^^'^^'^ss.
their proceedings, by-laws and ordinances, and of the time,
place and manner of the publication of such ordinances and
by-laws, in a book to be provided for that purpose ; and
such books, nurporiing to be the record of the corporation
of the town of Gridley, shall be received in all courts, with-
out further proof, as evidence of all matters therein contained.
Whenever it shall become necessary to take private prop- pdvaie prop-
erty for opening or altering any street, avenue, lane or ^^^^ j^jf^pening
alley, the corporation shall make just compensation to the streets.
owner or owners of such property, and pay or tender the
same, before opening or altering such street, avenue, lane
or alley ; and in case the amount of such compensation
cannot be agreed on, the police magistrate shall cause the
same to be ascertained by jury of six disinterested freehold-
ers of said town.
All jurors impanneled to inquire into the amount of ben- Damsgos and
efit or damage which shall happen to the o-wners of property
proposed to be taken for the opening or altering any street,
avenue, lane or alley, shall first be sworn to that efleet,
and shall return to the police magistrate their inquest, in
writing, signed by each juror : Provided, always^ in the as-
sessment of such damages, the jury shall take into consid-
eration the benefit as well as the injury happening to such
property or to the owners thereof by such opening or altering.
All real estate situated within the corporate limits of the Exempt from
town of Gridley is hereby declared to be exeriipt from taxa- ^^^'''*'"-
tion for road and bridge purposes outside of said corporation.
All suits, actions and prosecutions, instituted, commenced Suit iusututed.
and brought by the corporation hereby created, shall be in-
stituted, commenced and prosecuted in the name of the
president and trustees of the town of Gridley.
All ordinances passed by the board of trustees shall be Record of aii
recorded by the clerk, in a book provided for that purpose,
and one copy of the same shall be posted in the post oflice
of said town of Gridley, within five days from its passage.
'?82
TOWNS — INOORPOEATED.
Style of ordi-
nances.
and tlie same shall not become a law until five days after
the same shall have been posted as aforesaid.
The style of the ordinances of the town shall be, "^e it
ordained by the President and Trustees of the Town of Grid-
leyr
Presiding offieer The president shall preside ^t all meetings of the board,
and shall have the casting vote, and no other. In any case
of his non-attendance at any meeting of the board, the board
shall appoint one of their number chairman, who shall pre-
side at the meeting.
The president or any two members of the board, may
call special meetings of the board. He shall have power,
when he shall deem it necessary, to require of any officer of
said town an exhibit of his books and papers, and shall have
power to do all other acts required of him by any ordinance
made in pursuance of this act.
This act is hereby declared to be a public act, and to be
noticed by all courts as such, without pleading, and shall
take effect from its passage.
Approved April 1, 1869.
Special meet
iuga.
In force March
81, 18ti6.
Sameand style
General corpo-
rate powers.
Boundaries
AN ACT to incorporate the town of Heyworth.
ARTICLE I .
Section 1. Be it enacted by the People of the State of
Illinois^ represented in the General Assembly. That the
inhabitants and residents of the town of Heyworth, in the
county of McLean, and state of Illinois, are hereby consti-
tuted and declared a body corporate and politic, by the name
and style of the " Town of Heyworth ; " and, by that name,
shall have perpetual succession ; and may have and use a
common seal, which they may alter at pleasure ; have
power to sue and be sued, plead and be impleaded,
in all courts and places where justice is administered,
in all actions whatsoever; to purchase, receive and hold
property, both real and personal, within the limits of
said town, and beyond its limits when needed, for burial
grounds and other corporate purposes; to sell, lease and
convey property, real and personal, for the use of said town ;
to protect and improve any such property, as the public
good may require.
§ 2. The town limits of said town of Heyworth shall
be bounded as follows: Commencing at the southeast
corner of the northeast quarter of the northwest quarter of
section four (4), town 21, range 2 east of the third princi-
pal meridian, and running thence east one mile ; thence
TOWNS — IN€OEPOEATED. 783
north three-fourths of one mile ; thence west one mile ;
thence south three-fourths of one mile, to the )/lace of be-
ginning. Said boundary lines to run with the legal divi-
sion and subdivision (section) lines.
§ 3. Whenever any tract of land adjoining said town Additional ter-
shall be laid off into town lots, platted and duly recorded, "^"°'^^*
as required by law, the same shall be annexed to and form
a part of said town of Hey worth; Provided^ that the town
council shall have power to require that all additions
and subdivisions hereafter made to said town shall be so
laid out and platted as to correspond and conform to the
regular blocks, streets and alleys already laid out and es-
tablished within said town ; and no map or plat of any ad-
dition or subdivision of said town shall be entitled to record
or be recorded in the office of the recorder of McLean
county until the same shall be approved by the town coun-
cil of said town ; and all such additions shall ^be null and
void until a correct map or plat thereof shall be approved
by said town council.
ARTICLE II.
Section 1. The legislative power of said town of Powersrested
Hey worth shall be vested in a town council, composed of ^'^ '^°°°'^''
five trustees, to be elected annually by the qualified voters
of said town ; and no person shall be a trustee of said
town who has not arrived at the age of twenty-one
years, and who has not resided in said town one year next
preceding his election, and is not a citizen of the Uni-
ted States ; and the said trustees shall, at their first meeting,
proceed to elect one of their number a president, and shall
have power to fill all vacancies in said board which may
be occasioned by death, resignation or removal : Provided^
the vacancy shall not exceed six months.
§ 2. The town council shall determine the qualifications, Quaiiiications
returns and elections of its own members. A majority "^
shall constitute a quorum, but a smaller number may ad-
journ from time to time and compel the attendance of ab-
sent members, under such penalties as may be prescribed
by ordinance ; shall have power to determine the rules of
their own proceedings, punish a member for disorderly con-
duct, and, with the concurrence of three- fifths, expel a mem-
ber.
§ 3. Each member of the town council shall, before oath of office,
entering upon the duties of his office, take an oath to per-
form the duties thereof to the best of his knowledge and
ability, to support the constitution of the United States and
of this state ; and their shall be at least one regular meet-
ing of said town council in each month, at such time and
place as may be prescribed by ordinance : Provided, that
the president or any three members of said council may
Y84 TOWNS — INOOEPOKATED.
call special meetings of said council, first giving such notice
in writing as shall be provided for by the council.
ARTICLEIII.
Aumiai election Seotion i. There shall be elected in the town of Hey-
ofcounc . worth, by the qualified voters thereof, on the first Monday
of April, 1869, and on the first Monday of April every
fonr years thereafter, a police magistrate and a town consta-
ble, who shall hold their respective ofiices for four years and
until their successors shall be elected and qualified.
Eligibility of ^ 2. No persoii shall be eligible to the ofiice of police
Irate. '" magistrate or town constable who shall not have been a
resident of the town one year next preceding his election,
<^r who shall not be a citizen of the United States.
Territory de- | 3. YoT the elcctiou of five trustecs, a police magis-
tionVstJict^/ ' trate and a town constable, the town of Hey worth is here-
by declared an election precinct,
commissiouof g ^ fhc poKce magistrate shall be commissioned by
trates. " the govcriior of the state of Illinois as a justice of the peace,
and, as such, shall give bond and take and subscribe the
same oath of office as other justices of the peace, and, as
such, shall be a conservator of the peace for said town, and
shall have power and authority to administer oaths, issue
writs and processes, and try cases ; to take depositions,
acknowledgments of deeds, mortgages and other instruments
of writing, and certify the same as other justices of the
jiirisdiction of peace, and he shall have exclpsive jurisdiction of all cases
tratef ™''^'°' arising under the ordinances of the corporation, and concur-
rent jurisdiction, power and authority arising in all cases
whatsoever with other justices of the peace, under the laws
of this stale, and shall be entitled to such fees for his services
as shall be fixed by the town ordinances, and when not so
fixed as other justices of the peace in similar cases : jProvided,
that upon the necessary oaths being made by the defendant,
as required by law governing justices of the peace, a
change of venue shall be granted, in all cases, from the
police magistrate of the town to the nearest justice of the
peace, who is hereby invested, in such cases, with all the
authority of the police magistrate, and he shall proceed to
try the same : Provided^ also^ that in the event of absence,
sickness, death or resignation of the police magistrate, the
next nearest justice of the peace of McLean county, to be
invested with all the power conferred upon the police
magistrate by the provisions of this act.
Jurisdiction of § 5, The towu constablc shall have the same power and
constables. authority, rights and privileges and qualifications, shall
have the same jurisdiction, and be entitled to the same
fees, and be liable to the same penalties, as constables now
are or may hereafter be, under the laws of this state, and
shall be placed under such bonds, conditioned for the faith-
TOWNS — INCOKrOKA.TED.
785
ful ]^erformauce of the duties of bis office, as may be pre-
scribed by ordinance of the corporation hereby created.
§ 6. In case the police mao;i8trate shall, at any time, be Maicourtuct in
^niilty of palpable omission of duty or shall willfully or *'*^^®"
corruptly be guilty of corruption or oppression, malcouduct
or partiality, in the discharge of the duties of bis office, he
shall be liable to be indicted in the circuit court of Mc-
Lean county, and, on conviction, eliall be lined in any
sum not exceeding two hundred dollars, and removed from
office.
A 11 T I C L E I Y .
Section 1. On the lirst Monday of April, 1869, an Election of
election shall be held in said town of Heyworth for five *''^°*'®®*-
trustees, a police magistrate, a town constable, and on the
lirst Monday of April, in each year, forever thereafter, an
election shall be held for the election of said trustees,
who shall hold their office for one year and until their
successors shall be elected and qualified ; and forever there-
after, on the first Monday of April, every four years, an
election shall be held for the election of a police magis-
trate and town constable, who shall hold their office for
four years and until their successors shall be elected and
qualified ; which first election shall commence at one
o'clock, P. M., and close at four o'clock, P. M., of said day ;
and, for the purposes of said first election. William W. El-
der, J. II. C. Dill, Z. A. Newton, T. E. Wamsloy and H.
A. Karr are hereby constituted corporate trustees of said
town.
§ 2. It shall be the duty of said board of trustees hereby Notice of eiec-
constitufed, or any two of them, to give at least ten days' no- ''°°*
tice of the time and place of holduig said first election, by
posting up notice in at least three of the most public places
in said town ; to be judges of said lirst election, to appoint
their own clerks, receive and canvass the votes, declare the
result, furnish to each person elected a certificate, certify
the vote for police magistrate and town constable, to
the clerk of the county court of McLean county, and
lay the poll books of such elections before the board at its
first meeting. All subsequent elections shall be held and
conducted and returns made as may be prescribed by ordi-
nance.
§ 3. A failure to hold said first election on the lirst ^g^i'^J^c to hold
Monday of April, 1S69, shall not work a forfeiture of this
charter, but it may be held on any day thereafter, by giving
ten days' notice, as above stated, and conducting the same
as prescribed in section 2 of article 4 of this charter.
§ 4. If two or more persons shall receive an equal num- Tie vote, how
ber of votes for police magistrate or town constable, the * "
board shall proceed to determine the same by lot; and
Vol. Ill— 90
786 TOWNS — INCOKPOKATED.
when there shall be a tie in election of members of the
town council, the judges of election shall certify the
same to the police magistrate, who shall determine the
same by lot, in such manner as may be prescribed by ordi-
nance ; and all contested elections shall be determined as
prescribed by ordinance.
Qualifications g 5. All persons who are entitled to vote for state or
county officers, and who shall have been actual residents
of said to^n ninety days next preceding said election,
shall be entitled to vote at said election,
ARTICLE V.
Levy and col- SECTION 1. The towu council shall have power and
.. ^^ji^jjQfii-j tQ levy -and collect taxes upon all property, real
and personal, within the limits of the town, not exceeding
one cent on the dollar, upon the assessed valuation
thereof, and may enforce the payment of the same in any
manner, to be prescribed by ordinance, not contrary to
tiie constitution of the United States and of this state ; and
the town council is hereby authorized and empowered
to provide for the sale of personal property for the taxes
due thereon, as- also for the sale of real estate for taxes due
thereon, in such manner as provided by ordinance.
Officers choBen. § 2. Tho town couucil shall have power to appoint
u clerk, treasurer, assessor, supervisor of streets, pound-
master, weigh master, and all other ofiicers as may be
necessary, and prescribe their duties, and to require of
all officers appointed in pursuance of this chapter, bonds
wiih such penalties and securities for the faithful perform-
ance of their duties as may be deemed expedient ; also,
to require all officers appointed, as aforesaid, to take an
oath for the faithful performance of their duties, before en-
tering upon the discharge of the same.
Appropriation § 3. To appropriate money and provide for the pay-
tor expenses. ^^^^^^ ^^ ^j^^ expCUSOS of the tOWn.
GeBerai health. § 4. To make regulations to secure the general health
of the inhabitants of said town ; and to prevent the introduc-
of contagious diseases into the town.
Wells, cisterns, § 5. To providc the towu witli Avater, by sinking wells,
providing pumps and hose, etc., to use in case of lire.
Alteration of § 6. To opeu, aUcr, extend, grade, or Otherwise improvB
Btreetc. ^^^^ keep in repair, streets and alleys, and remove obstruc-
tions therefrom, and to construct and keep in repair bridges
and crossings-
Anctioueers, § 7. To liceusc, tax and regulate auctioneers, teamsters,
peddlers, etc. brokcrs, tiraymou, peddlers, sliowmen, hackmen, theatres,
exhibitions, etc.
Dog3 at large. § 8. To prevent the running at large of dogs, and for
the destruction of tho same when running at large con-
trary to ordinance,
etc
TOWNS — INCORPORATED. 787
§ 9. To prevent the firing of guns or other combustibles Fire-arms,
or firearms within the limits of said town.
§ 10, To restrain, regulate or proliibit the running at Running at
large of cattle, horses, sheep, swine, or other animals, and am! Mttie. °'^^*
to authorize the distraining, impounding and sale of the
same, and to prohibit any indecent exhibition of horses or
other animals.
§ 11. To compel persons to secure their horses and other
animals, attached to vehicles or otherwise, while in the
limits of said town.
§ 12. To define and. declare what shall be a nuisance ; Abate nmsances
to punish the author thereof.
§ 13. To provide for inclosing, improving and regula- Public ffrounde.
ting all public grounds.
§ 14. To borrow money on the credit of the town, at a May bovrov/
rate of interest not to exceed ten per cent, per annum. money.
§ 15. To regulate the election of town officers, and to Election of of-
provide for the removal from office any person holding ^^^^'
office created by ordinance.
§ IG. To regulate the police of the town; to impose Regulate poUce.
penalties, fines and forfeitures, for the breach of any ordi
nance, for [the] recovery and appropriation of such fines
and forfeitures and for the enforcement of such penalties :
Provided, that the right of trial by jury shall in no case
be denied to any person charged with a breach of any of
the provisions of this act or any ordinance.
§ 17. To fix the compensation of town officers ; to regu- Fees of office,
late fees of jurors, witnesses and others, for services ren-
dered under this act or by any ordinance.
§ 18. To require railroad companies to construct and jjj^4"e°g*''^^'°*~"
keep in good repair all crossings, where the town council
shall deem it necessary.
§ 19. The town council shall have power to make Makeaudpass
and enforce all ordinances necessary and proper for carrying °'''*''^^"^-
into eflect all the powers speciiied in this act : Provided,
that such ordinances are not repugnant to nor inconsistent
with the constitution of the United States or of this state.
§ 20. The town council shall have the power to provide Punishment of
for the punishment of ofieuders against the ordinances of " ^°
said town, by imprisonment in the county jail, not exceed-
ing thirty days for any one ofiense, in all cases where the
oftender shall fail or refuse to pay the fines or forfeitures
which may be recovered against them.
§ 21. To provide for the erection and improvement of j^Needfuibuiid-
public buildings for the use of said town.
§ 22. To provide for lighting streets, by erecting posts, Ligi»rti2 Bireeti
with lamps, ect., and control the same ; to tax, prohibit, re-
strain and suppress tippling houses, dram shops, gaming
houses or other disreputable houses within said town ; but
not to license any house or place for the sale of intoxicating
drinks of any kind as a beverage. The style of the ordi-
788 TOWNS — INCORPORATED.
Style of ordi- nancGS of the town shall be, ^'- Be it ordained hy the Toion
nances. CouncU ofthe towTi of Jleijivorth f'"^ and all ordinances of
the town may be proved by the seal of the corporation.
ARTICLE VI.
Presiding offi- SECTION 1. The president sball preside at all meetin_ejs
cer of council. q£ ^^ town council and shall have a casting; vote, and no
other; and, in case of his non-attendance at any meeting,
the council shall appoint one of their number chairman, who
shall preside at that meeting. The president shall have
power to require of any officer of said town an exhibition
of liis books and papers, and shall have power to do all
other acts required of him by any ordinance made in pur-
suance of this act.
ARTICLE VII.
Private prop- SECTION 1. Whenever it shall be necessary to take pro-
erty taeeu for , ,. . . . \ ^• . , ii
public use. perty lor opening or altering^ an j^- public street or alley,
the corporation shall make just compensation to the owners
of such property, and pay or tender the same, before open-
ing such street or alley; and in case the amount of sach
compensation cannot be agreed upon, the police magistrate
shall cause the same to be ascertained by a jury of six dis-
interested persons of said town, who shall examine and
report in writing, under oath, to the said magistrate the
amount of such damages,
consh-uctiouof § 2. The town council shall have power to cause all
Sidewalks. owuers or occupants of premises to build sidewalks and keep
the same in repair in front of said premises, and when not
built according to the orders of said council, they may
build or repair the same and assess the cost thereof against
said premises and collect the same, as other town taxes are
collected.
MISCELLANEOUS PKOVJSIONS,
Exempt from SECTION 1. The inhabitants of the towu of Hevworth are
road labor out- , , ^ ^ c i • j i i ^i
Bide town limits, hereby exempted irom working on any road beyond the
limits of the town and irom paying any taxes to procure la-
borers to work upon the same.
Inhabitants to § 2. The towu couucil shall have the power and it is
'" "— iiei-ei^y made its duty, when it is necessary for the pur-
pose of keeping in repair the streets and alleys of said
town, to require every able-bodied male inhabitant of said
town, over twenty-one years of age and under fifty, to
labor on said streets and alleys, not exceeding three days
in each year; and any person failing to perform such labor,
when duly notified by the supervisor of streets of said
town, shall forfeit and pay the sum of one dollar and fifty
cents to said town, for each and every day so refused or
neglected.
labor on streets.
TOWNS — INCOKPORATKD, 789
§ 8. The town council shall cause to be kept in their of- ExMiut of ac-
tice a record of all moneys, credits, etc., received and dis- ''°"°''"-
bursed, and to be subject to examination at any time by any
citizen of said town.
^ § 4. This act shall not invalidate any former act done Not toiuyaii-
by the citizens of said town to incorporate the Heyworth ^^u p''^'^''°"''
school district, nor divest them of any rights which have
accrued to them prior to the passage of tliis act.
§ 5. Appeals shall be allowed in all cases arising under Appe!<is taken
the provisions of this act or ordinances passed in pursuance
of said act, to the circuit court of McLean county in the
same manner as appeals are taken from and granted by
justices of the peace : Frovided, that when the town shall
appeal, a bond, filed by the clerk of the council in the. name
of the town, shall be deemed sufficient to obtain an appeal.
§ 6. Should there a vacancy occur, from any cause, in vacancie?, ho^v
the office of magistrate or constable, the council shall pro- ^"^'^^
ceed to till said vacancy by election.
§ 7. The said board of trustees shall have power to reg- saie of iiquois.
ulate, license, suppress or prohibit the selling, bartering,
exchanging or traffic in or giving away as a beverage, any
ale, wine, rum, gin, brandy, whisky or other intoxicating
liquors within the limits of said corporation, and may pass
ordinances fixing the amount and nature of punishment or
fine to be assessed on any person who shall violate any of
the provisions of this section or permit the same to be done
on his or her premises : Provided^ that the question of li-
cense shall be submitted to a vote of the people of said
town at each town election, the vote to be canvassed the
same as any other vote at such town election, and the re-
sult of said vote to be binding upon said board of trustees.
^ 8. This act is hereby declared to be a public act, and
may be read in evidence in all courts of law and equity in
the state without proof.
§ 9. All acts or parts of acts conflicting with the pro-
visions of this charter are hereby repealed.
§ 10. This act shall take effect and be in force IVora and
after its passage.
Appkoveu March 31, 186jJ.
AN ACr to incorporate the town of Illiopolis, Sangamon eonntv, Illinois. Iq force Marrh
4. 10?9.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the
inhabitants and residents of the town of Illiopolis, in the
county of Sangamon and state of Illinois, be and they are
hereby constituted and declared abody politic and corporate,
'TOO TOWNS — INCORPOKATEfi;
jjameaud style bj the name and style of "The Town of lUiopolis ;" and
by that name and style shall have perpetual succession ;
and may have and use a common seal which they may
change or alter at pleasure.
Corporate pow- § 2. The inhabitants of said town, by the name and
*""*■ style aforesaid, shall have power to sue and be sued, to
plead and be impleaded, to defend and be defended in all
courts of law and equity, and in any action whatsoever ; to
purchase, receive and hold property^ real aiid personal,
within or beyond the limits of said town, for burial
grounds and other public purposes; to sell, lease or convey
property, real and personal, for the use of said town, and
to protect and improve any such property as the public
good may require.
Boundaries of § 3. The followiug district of country shall be included
corpora ion. -^yithj^ the boundaries of said town of lUiopolis, to-wit :
Embracing all of section No. seven (7), in township No.
sixteen (16) north, range one (1) west, of the third princi-
pal meridian, and all additions that may hereafter be added
to said town.
Powersvested R 4, The government of said town shall be invested in
m council. " *7 . „ .. i i i
a town council, to consist oi live members, to be elected an-
nually, by the qualified voters of said town, and who shall
hold their offices for one year, till their successors are elec-
ted and qualified.
Qualifications § 5. Xhc town council shall, at the first annual meeting
members. after election, proceed to elect one of their number presi-
dent; and shall judge of the qualifications and returns
of its own members, and shall determine all contested elec-
tions in such manner as may be prescribed by ordinance.
Quaiiflcatiou § 6. ISTo pcrson shall be elected a member of said town
for members, couucil, who has uot attained the age of twenty-one years,
and who has not resided in said town one year next pre-
ceding an election — a citizen of the United States and a
bona fide freeholder in said town.
Office vacated. § 7. If any member of the town council shall, during
the term of his office, remove from the limits of the corpora-
tion, his office shall thereby become vacant.
Journal of pro- § 8. The town council shall keep a journal of its pro-
ceedings, ceedings, and shall have power to fi.ll all vacancies which
may occur therein, by death, resignation or otherwise :
Provided^ the vacancy shall not exceed three months.
Oath of office. g <). Each member of the town council, before entering
upon the duties of his office, shall take and subscribe an
oath, before [any person authorized by law to administer
oaths.
Quorum to do 8 10. A majority of the town council shall constitute a
quorum to do busmees ; but a smaller number may adjourn
from day to day, and compel the attendance of absent
members under such lines and penalties as may be pre-
scribed by ordinance, and shall have power to determine
buBinese.
TOWNS — INOOKPOKATKD. 791
the rules of their own proceedings, punish a member for
disorderly conduct, and with the concurrence of two thirds,
expel a member.
§ 11. Whenever a tie shall occur in tlie election of Tie vote, how
members of the town council, the judges of the election <^e*eimmed.
shall certify the same to the police magistrate of the town,
who shall determine the same by lot, in such manner as
may be prescribed by ordinance.
§ 12. On the first Monday of April, A. D. 1869, an elec- Eiectkn of
tiou shall be held in said town of Illiopolis, for the purpose '^°"'^^' '
of electing the five members of said town council ; and
forever after, on the first Monday in April, of each year,
an election shall be held for said oflices.
§ VS. On the first Monday of April, A. D. 18^!), there Eicctum of
shall also be elected at the same time and place one police f^^'j^^ magis-
magistrate of the town of Illiopolis, who shall hold ofiice
for four years and until his successor is elected and quali-
fied ; and forever thereafter, on the first Monday of April
every four years, an election shall be held for the election
of a police magistrate, and whose jurisdiction, powers, duties,
functions and emoluments shall be the same as is provided
for in " An act for the better government of towns and
cities, and to amend the charters thereof," approved Febu-
ary 27, 1854.
§ 14, Ten days' notice of the first election, under this First eieciior.
act, shall be given by J. R, Blain, J. S. Hampton, Peter
Rasar, M. II. Wilmot and D. Binkley, the present trustees
of said town, who, also, shall prescribe the manner in which
elections shall be conducted, and cause to be posted in
three of the most public places in said town written or
printed notices of such election, stating the object and time
and place of holding said election, the hour of day at which
the polls shall be opened and the hour of the day at which
they shall be closed.
§ 15. All persons who are entitled to vote for state of- /Qaaiiiicatioaof
ficers by the laws of this state and who shall have been an ^°'*''^'
actual resident of said town sixty days next preceding any
election held under the provisions of this act, shall be en-
titled to vote at any such election.
§ 16. The town council shall have the power and au- Power to levy
thority to levy and assess and collect a tax or taxes upon all flcuLls.*^ *^°''
property, real, personal or mixed, within the limits of the
corporation of said town, which is now or may hereafter be
subject to taxation for state or county purposes, not ex-
ceeding one per centum, per annum, upon the assessed
value ttiereof ; and may assess and enforce the collection of
the same by any ordinances, not repuguant to the constitu-
tion of the United States or of this state ; or the president
and town council may, if they think pro]ier so to do, by
ordinance, adopt the annual assessment made of the prop-
erty in said town by the township assessor^ and cause the
792 TOWNS INCOSPOEATED.
same to be collected by the township collector, and to be
collected with the county and state taxes ; and the same
fees shall be paid by said town for actual service herein
done as may be provided by the revenue laws of this state.
Sale of rea- g 17. And the towu council are hereby authorized and
eaipowerea to provide for the sale of personal property
for the taxes due thereon, as also for the real estate for
taxes due thereon, in such manner as may be prescribed by
ordinance : Provided^ that such ordinances are not incon-
sistent with the constitution of the United States or of this
state.
Appoiutmeiitof g 18. The town council shall have power to appoint a
clerk, treasurer and assessor, town constable, collector,
street commissioner, and such other officers as may be
judged necessary for carrying into effect the power con-
ferred upon said corporation by this act, and to require
them to give such bonds, with security, and to take such
oaths as may be deemed necessary to insure the faithful
performance of their respective duties, before entering up-
on the discharge of the same, and who shall possess the
same qualifications as is required of a member of the town
council, and shall have power to appropriate money and
provide for the payment of the debts and expenses of the
General health, town ; to make regulations to secure the general health of
the inhabitants of the town ; to declare what shall be
Nuisances. deemed a nuisance, and to prevent and remove the same ;
to open, alter, vacate, widen, extend, establish, grade, pave
or otherwise improve any street, avenue, alley, lane or pub-
Pnbiic buildings ^[q gpouuds or roads within the limits of said town ; to pro-
vide for the erection of all needful public buildingsfor the use
of said town ; to establish markets and market places and lor
DuWk^oTmffs. ^-^6 government and regulations thereof, and to provide for
the inclosing, lajing off and improving all public grounds,
squares and burial grounds belonging to said town.
^ Auctioneers, g 19, Xo license, tax and regulate auctioneers, mer-
pe lerg. e c. Q],^c,^,^j-g^ retailers, taverns, or ordinaries, grocers, hawkers
and peddlers, brokers and money changers; to tax, license
Shows and and regulate or suppress and prohibit all exhibitions of
common showmen, shows of every kind, caruvaus, circuses
and exhibitions and amusements of every kind, in said
town by the citizens thereof.
Ruuuing at ij 20. To restrain, regulate and prohibit the running at
large of ho. ses, , '^ i- .^i i i • ^ , i i.i • i
caitip, etc. large ot cattle, horses, sheep swme, goats and other animals,
and to authorize the distraining, impounding and sale of
the same, and to prevent any indecent exhibitions of
horses and other animals ; to prevent horse-racing or any
immoderate riding or driving within the limits of said
Runuing at town ; to prohibit the running at large of dogs, and to pro-
.argeo cogs. ^.^^ ^^^ ^^ destruction of the same whan running at large
contrary to ordinaace ; to compel persons to fasten their
horse or other animals attached to vehicles or otherwise,
while standing or remaining in any street, alley, vacant lot
T0"VfN8 — INCORPORATED. 793
or public road in said town, to establish and maintain a
public pound and to appoint a pound master and prescribe
his duties, and to establish a sufficient prison for the con-
finement of [persons guilty] disorderly conduct.
§ 21. To regulate the police of the town; to impose Regulate poice.
fines, forfeitures and penalties for the breach of any ordi-
nance, and to provide for the recovery and appropriations
of such lines and forfeitures and for the enforcement of
such penalties ; to regulate, restrain, suppress or prohibit
billiard tables, ball alleys, faro boards, lotteries, gambling-
houses, bawdy houses, disorderly houses and other dis-
orderly establishments ; to regulate partition fences and pa,-apet waiis
the fixing of chimneys and the flues thereof; to erect lamp- andfeuces.
posts, und to sink and keep in repair wells and pumps in
the streets or squares, for the use of the public.
§ 22. The town council shall have ;power and au- Levy special taz
thority, whenever it may be deemed necessary, to levy and
collect a special tax upon all property, real and personal,
within the limits of said town, not exceeding one-half of
one per cent, per annum of the assessment value thereof, for
the purpose of constructing, building and keej^ing in re-
pairs any sidewalks, crosswalks, draias or culverts, that
may be necessary for the comfort and convenience of the
public ; also to pay any person or persons who have con-
structed or built in front or adjacent to their lot or lots any
suitable and satisfactory sidewalks, in accordance with oi'-
dinance regulating same.
§ 23. If the assessor and collector, in collecting any Enors in f pe-
towu or special tax, shall find any errors in the calculation ^ ^ '
of taxes in his warrant, he shall correct the same, and if he
shall discover any taxable property omitted in his warrant
he shall note the same, and shall report such property,
with the valuation thereof, to the first meeting of the town
council thereafter, and the town council shall, by an order,
direct the town clerk to enter such property, with the valu-
ation thereof, in the warrant, and he shall compute the
amount of the several taxes due upon such property, and
set them ' down in the appropriate column in the same
manner as if it had been originally listed ; and the taxes
thereon shall be collected in like manner as other taxes ;
to enforce the payment of all taxes to be prescribed by or-
dinances, not repugnant to the constitution of this state and
of the United States.
§ 24.- To require the railroad company to build, con- and^crossin-'s.^
struct and keep in repair suitable crossings at the intersec-
tion of streets, roads and alleys, and to regulate the speed
of locomotive engines within the town ; to cause said rail-
road company to keep open and in repair ditches, drains,
sewers or culverts on the sides of their railroad tracks, so
that filthy or stagnant pools of water cannot stand along
Yol. Ill— 100
794
TOWNS — INCOEPORATfib.
Sale of liqnors.
Penalty,
Public peace.
Election of offl'
cers.
their tracks, to the injury of said town or the health of the
inhabitants thereof.
§ 25. The town council to have the power and authority
to regulate, suppress or prohibit the retailing, selling, ex-
changing, giving away or traffic of any wines, rum, gin,
brandy whisky, beer or other intoxicating liqnors, within
the limits of said town : Provided^ the town council may
grant license for the selling of the same in said town, upon
the following conditions : First. — If a majority of the legal
voters of said town shall at any regular ^^election for town
officers vote for the same. Second. — No license shall be
granted to extend beyond the period when the successors
to the board granting the same shall be elected and quali-
fied. Third. — The applicants shall pay into the treasury of
the corporation, for the privilege granted, a sum not ex-
ceeding six hundred dollars, nor less than two hundred
dollars per year, in the discretion of the town council.
Fourth. — The applicants shall execute a bond in the penal
sum ot one thousand dollars, with two good surities, to be
approved by the said town council, conditioned that the
applicant will in all and every respect keep an orderly
house, and will not permit any unlawful gaming, gambling
or any uncivil conduct whatever in or about his premi-
ses. In case of a violation of the said conditions, the per-
son or persons so offending shall be prosecuted upon the
said bonds, and upon conviction shall forfeit his, her or
their said license, and judgment shall be rendered for the
full amount of said bond and costs of prosecution in favor of
the town. And upon application for license, the town
council may ^reject or grant the same, in their discretion,
but in no case shall they grant license to more than two
persons to sell spirituous liquors in more than two places
in said corporation, and to prohibit the same on any of the
main or front streets of said town, by ordinance ; and every
person or persons who shall sell, barter or exchange or other-
wise dispose of any vinous, spirituous or malt liquors in
any quantity whatever or shall permit the same to be done
on his or her premises, in violation of any ordinance regu-
lating the same, shall forfeit and pay to the corporation not
less than twenty-five (25) dollars for each oflense, together
with costs of suit, to be recovered before the police magis-
trate of said town or any justice of the peace : Provided,
that they may allow honajide druggists to sell the same in
good faith, for purely medicinal, mechanical or sacramental
purposes, under such rules and regulations as they may
prescribe.
§ 26. To provide for the punishment of persons who
may at any time disturb the peace of the inhabitants of
said town or the deliberations or proceedings of any re-
ligious, public or political meetings of said inhabitants.
§ 27. To regulate the election of town officers, define
their duties, and provide for the removal of any person
TOWNS — INCORPORATED. 795
holdinoj an office under the ordioances ; to fix the fees and
compensation of all town officers, jurors, witnesses and
others for services rendered under this act or any ordi-
nance; to impose tines, penalties and forfeitures for breach
of any ordinance, and to provide for the recovery and ap-
propriation of such tines and forfeitures and the enforce-
ment of such penalties ; and for all fines and penalties, re-
coverable by indictment or action, for any offense com-
mitted within the limits of said town and which are now
required by law to be paid in to the county treasury or the
school commissioner of said county of Sangamon, shall here-
after be paid in to the town treasurer for the use of said
town.
§ 28. Shall have power to make and enforce all ordi- Enforcement of
" -T ordinances.
nances necessary to preserve good order, government and
harmony in said town, and punish offenders by fine or im-
prisonment, or both, or by work on the streets of said town,
at the rate of one dollar per day, in case where such ofFen- t
ders shall fail or refuse to pay the fines and forfeitures
which, may be recovered agamst them : Provided, that such
ordinances are not inconsistent with the constitution of the
United States or of this state.
§ 29. The clerk shall keep the corporate seal and all ^ uutics of the
papers and books belonging to the town ; he shall attend '°^"^.^'^'-
all meetings of the town council, and keep a full record
of their proceedings on the journals ; and copies of all
papers duly filed in his office, and transcripts from the
journals of the proceedings of the town council, certified by
him, under the corporate seal, shall be evidence in all the
courts in like manner as if the originals were produced ;
he shall likewise draw all warrants on the treasury ; he
shall also keep an accurate account of all receipts and ex-
penditures, and shall cause all ordinances passed by the
town to be posted in at least tliree of the most public places
in the town, for the space often days before they shall take
effect or be enforced.
§ 30. The treasurer shall receive all moneys belonging unties of the
tu said town, and shall keep an accurate account of all receipts '^®"^'^'^''*
and expenditures, in such manner as the town council
shall direct. All moneys shall be drawn from the treas-
ury by an order signed by the president, countersigned by
the clerk, issued in pursuance of an order ot the council.
§ 31. The street commissioner shall see that all persons uutyof street
within the corporate limits owing street labor, shall work •^°'°™^«'°°^'"-
out the same or pay the commutation money therefor, and
report to the town council the names of all persons who
neglect to work out such labor or pay in lieu thereof, and
shall report the names of those who work out the street
labor and the names of those who pay in lieu thereof, and
the amount so paid, and the names of all those who are
delinquent ; he shall superintend the working and repair-
of constable.
796 Towns — INCORPORATED.
ing of all streets, highways and sidewalks, collect all assess-
ments for such improvements, and perforin such other
duties as the council shall require of him b}^ ordinance.
Duties and fees § 32. The town constablc shall have such powers and
"' *-'"" authority and be entitled to such fees and be placed under
such bonds, conditioned for the faithful performance of the
duties of his office, as the town council may require of him
by ordinance and to have the power and authority to exe-
cute all process issued for the breach of any ordinance of
said tov/n, and, for that purpose, his power shall extend
over the county of Sangamon, and he shall have the same
power, jurisdiction and authority, within the limits of said
county, as other constables in all cases possess under the
laws of this state; he is authorized to arrest all persons, on
view, without warrant, who shall violate any of the pro-
visions of this act, or any ordinance of said town made in
pursuance thereof, and take him or them before the ^police
• magistrate of said town, or other justice of the peace, to be
tried and punished, if found guilt}'', according to the pro-
visions of such act or ordinance. In the absence or disa-
bility of said town constable, any constable of said Sanga
mon county shall have power and authority to act in all
respects as the constable of said town.
Duties of tiie § 33. The asscssor and collector of said town shall
coifeaor. *° perform all duties in relation to the assessing of property
for the purpose of levying the taxes imposed by the town
council. In performing his duties, he shall have the same
powers as are or may be given by law to county or town-
ship assessors, and be subject to the same liabilities. On
completing the assessment lists and having revised and
corrected the same, he shall sign and return them to the
town council. The collector shall collect Jail taxes and as-
sessments which may be levied on all real and personal
property within said town. In the performance of his
duties he shall have the same powers and authority as are
or may be given by law to county or township collectors.
Presiding officer § gi. The president shall preside at all meetings of the
of council. . ' -111 11 1 ■'■. i°i
town council, and shall have a casting vote, and no other ;
and in case of his non-attendance at any meeting, the coun-
cil shall appoint one of their number president, pro tem.,
who shall preside at that meeting. The president or any
two members of the council may call a special meeting of
the town council. The president shall be active and vigi-
lant in enforcing the laws and ordinances for the govern-
ment of the town ; he shall inspect the conduct of all sub-
ordinate officers of the town, and cause any positive viola-
tions of duty to be punished ; he shall, from time to time,
communicate to the council such information and recom-
mend such measures as in his opinion may tend to the
general welfare of the town ; he is hereby authorized to
call on any male inhabitant of said town, over the age of
TOWNS — INOOBPOBATED. 797
eighteen years, to aid in enforcing the ordinances and laws
thereof, or in preserving the public peace ; and any person
who shall not obey such call shall forfeit to the town a fine
not exceeding ten dollars, r^icoverable as other fines are
recovered in said town ; he shall have power, whenever he
shall deem it necessary, to require of any officer of said
town an exhibit of his books or papers or a report of his
doings as snch officer.
§ 85. "When it shall be necessary to take private property Private prop-
for opening or altering any street or alley, the corporation fmpro*TCmen/of
shall make just compensation to the owner or owners of l^^^^^''^' **'^^y^'
such property and pay or tender the same, before opening
or altering such street or alley ; and in case the amount
of such compensation cannot be agreed upon, the police magis-
rate shall cause the same to be ascertained by a jury of
six disinterested freeholders of the town. "Whenever all
the owners of property on any street or alley shall petition
the town council shall open or alter the same, but no com-
pensation shall be allowed to the owners for property so
taken. All jurors impaneled to inquire into the amount of
benefits or damages which shall happen to the owners of
property proposed to be taken for the opening or altering
any street or alley shall first be sworn to that efiect, and
shall return to the police magistrate their inquest, in writ-
ing, signed by each juror : Promded, in the assessment of
such damages, they, the jury, shall take into consideration
the benefits as well as the injury happening to such prop-
erty or to the owners thereof by such opening or altering.
The police magistrate shall have power, for good cause
shown, within ten days arfter any inquest shall have been
returned to him, as aforesaid, to set aside the same and
cause a new inquest to be made.
§ 36. The inhabitants of the town of Illiopolis are here- ^f^'^f*' ^''^^
by exempted from working on any road beyond the limits yond the limits"
of said town, and from paying auy tax to procure laborers
to work on the same. The town council shall have power,
and it is hereby made their duty, when it maybe necessary
for the purpose of keeping in repair the streets and alleys
of said town, to require every male inhabitant of said town,
over twenty-one years of age and under fifty, to labor on
said streets and alleys, not exceeding three days in each
year; and any person failing to perform such labor, when
duly notified by the street commissioner of said town,, shall
forfeit and pay the sum of one dollar to said town for each
day so neglected or refused : Frovided^ the person notified
to perform labor on said streets and alleys shall be allowed
to procure a substitute equally able as himself, or commute
by paying to the street commissioner, within ten days
from the time of notice, the sum of one dollar and fifty
cents for each day assessed.
798 TOWNS — INCOKPORATED.
Style of ordi- § 37. The stjle of ordinance of the town shall be, " Be
nances. ^^ ordained ly the Town Council of llliopolisy
Sale of property § 38. Whenever it sLall bocome necessary to Sell either
for taxes. ^^^^ ^^ personal property for the non-payment of taxes,
lyin^^ and being within the limits of said corporation, the
same shall be sold in such manner as may be provided for
by ordinance ; and for the sale of real estate for the non-
payment of taxes shall conform as near as may be practica-
ble to the revenue laws of this state.
Appeals allowed g 39, Appeals shall be allowed from decisions, in all
cases arising under the provisions of this act or any ordi-
nance passed in pursuance thereof, to the circuit court of
Sangamoh county, and every such appeal shall be granted
in the same manner as appeals are taken from and granted
by justices of the peace to the circuit court -in similar cases
under the laws of this state.
Nottogive^sc- § 40. The corporation hereby created shall not be re-
curi y or cos . ^^^^•j,^^ ^^ ^^^ g^^|. j^^Qugiit f^y ^ violation of any ordinance
of said town to file, before the commencement of any such
suit or during the pending thereof, any security for costs.
The right of trial by jury shall be allowed to an}'' person
charged with a violation of any of the ordinances of said
town, or any of the provisions of this act. All suits, ac-
tions and prosecutions brought by or against the corpora-
tion hereby created, shall be instituted and prosecuted in
the name of the town of Illiopolis. All ordinances may be
proven by the seal of the corporation, and when printed or
published in ])ook or pamphlet form, purporting to be prin-
ted or published in book or pamphlet form by authority of
the corporation, the same shall be received in evidence in
all courts and places, without further proof.
Competent wit- § 41. Any member of the town council or other othcer
of said town, shall be a competent witness in any suit or
action or prosecation wherein the town of Illiopolis may
be a party.
stated mcetiugs | 42, There shall be twelve stated meetings of the
town council in each year, at such times and places as may
be prescribed by ordinance.
Act evidence. § 43. This act is hereby declared to be a public act,
and may be read in evidence in all courts of law and
equity within this state without proof.
Failure to hold § 44. Any failure to hold the first election under this
no! ^to' ^change act at the Specified time shall not work a forfeiture thereof,
^^- but 'the said election may be held on any day thereafter,
by giving the proper notice often days.
§ 45. This act shall take effect and be in force from and
after its passage.
Approved March 4, IS 69.
TOWNS — INCOKPOKATEI). 799
AN ACT to incorporate the town of Irving, Montgomery county. lu force March
Section 1. Be it enacted by the People of the State of
Illinois^ represented in the General Assembly^ That the
inhabitants of tne town of Irving, in the county of Mont-
gomery, are hereby made a body corporate and politic,
under the name and style of " The President and Board ^^a'l^e and style.
of Trustees of the Town of Irving ; " and, by that name,
have perpetual succession, and a common seal, which they
may alter at pleasure ; and in whom the government of
the corporation shall be vested, and by whom its affairs
shall be managed.
§ 2. The boundaries of said corporation shall include, Boundaries,
in addition to all of the present town of Irving, and addi-
tion, as recorded in the clerk or recorder's othce in the
town of Ilillsboro, a strip of land one-fourth of a mile in
width around the entire town of Irving aforesaid.
§ 3. Whenever any addition of town lots shall be made Additions to
adjoining said incorporation, and shall have been properly
recorded, as required by the laws of Illinois, the same shall
have become a part of said corporation, as fully as if they
had been originally included in said corporate limits.
§ 4. The inhabitants of said town shall have power to corporate pow-
sue and be sued, plead and be impleaded, defend and be ^"'
defended, in all courts of law or equity, and in any and all
actions at law ; to purchase, receive and hold property, both
real and personal, for the benefit of said incorporation, or
to sell, lease or dispose of the same for the benefit afore-
said.
§ 5. On the first Monday in April, in the year of our ti,Js'fee8°" °'
Lord one thousand eight hundred and sixty-nine, the said
inhabitants shall meet at a public place in said town, and
elect five trustees from among the legal voters of said
town, in whom shall be vested the corporate powers and
duties of said corporation ; and the persons so elected shall
hold oflice for one year from the date of their election, and
imtil their successors are duly elected and qualified ; and
the elections for trustees thereafter shall be annually on the
first Monday in April forever thereafter, or until the time
shall be legally changed: Provided^ no election shall be
held unless notice shall have been given at least ten days
by posting up written or printed notices in at least three
public places in said town, of the time and place of holdino-
said election, and the offices to be filled, which shall be
given at the first election — to wit : on the first Monday in
April, 1869 — by Wm. B. Vanhorn, James M. Berry, John
E. Knight, but at all succeeding elections by the said board
of trustees.
§ 6. No person shall be eligible as a trustee of said Qualification of
town, who shall not have arrived at the age of twenty-one ° "''*'' ^'^^
800 TOWNS — INCOKPOEATED.
years, and who shall not have been a resident of said town
■ at least one year immediately preceding the said election,
and who shall not be a freeholder in said town at the time
of his election. All free white male inhabitants over the
age of twenty-one years, who shall have resided in said
town six months preceding any town election for trustees,
shall be entitled to vote at such election.
Election of g 7_ _^n(j gaid trustees, at their first meeting, shall pro-
preEi en . ^^^^ ^^ ^^^^^ ^^^ ^^ their own board as president, and shall
have power to fill, by appointment, any vacancy or vacan-
cies which may occur in said board by death, resignation
or otherwise, who shall serve as such until the next an-
nual election, and until their successors are elected and
qualified. They shall also have power to appoint a town
constable, assessor, treasurer, collector, clerk and street
commissioner, all of whom shall be required to give bond,
with approved security, with such conditions and in such
amount as the said board may require,* and who shall each
also take an oath before a justice of the peace, or some
person authorized by law to administer oaths, well and
faithfully to perform their duties as ofiicers of said corpo-
ration, to the best of their skill and ability.
Duties^of the g s. It shall be the duty of said constable to execute
all writs, precepts and processes which may be issued by
any person authorized to issue the same, against any person
for any violation of any ordinance of said town, and shall
have the same powers and restrictions that other constables
liave, and whose fees shall be the same, so far as applicable
to his duties, and shall hold his ofiice for one year, and
until his successor is duly appointed and qualified.
jRnies for gov- § 9. The trustces aforesaid, and their successors, or a
majority of them, shall have fall power and authority to
ordain and establish such rules and regulations for their
government and direction, and for the transaction of their
business, and concerns of the corporation, as they may
deem expedient, and for the best interests of the citizens
of said town ; to order, establish and put into execution
such by-laws, ordinances and regulations as may seem ne-
cessary for the government of said town, and for the man-
agement, control and disposition of its corporate property;
and generally, to do and execute all such things which may
seem necessary for them to do, not repugnant to the consti-
tution or laws of the state of Illinois or the United States.
Levy and col- § 10. The Said trustecs shall also have power to levy
^ and collect a tax, net exceeding one-half of one per cent.,
on all lots of ground, improvements and personal property
within the limits of said corporation, according to its value;
to tax shows, concerts, lectures, or public exhibitions of
any kind where an admittance is charged ; which tax, when
collected, shall be paid into tho town treasury for ordinary
purposes. All taxes levied under the provisions of this
eminent.
lect taxes.
TOWNS — INCORPORATED. SOI
act shall be collected in tlio same manner as state and
county taxes are now collected by law. They shall also
have power to direct the improvement of the streets and
sidewalks, and keeping the same in repair; the erection
and repairing public buildings and other works of public
utility, and order the treasurer to pay for the same out of
any money in the treasury not otherwise appropriated.
§ 11. The board of trustees shall have the right and improvement
power to regulate, grade and improve the streets, for which auf Wghwaysr
purpose they may levy a road labor tax, of not less than
three nor more than live days for each year, upon every
able-bodied male resident over the age of twenty-one and
under the age of fifty years, to be collected and applied in
such manner as they may determine and direct.
§ 12. The said board of trustees shall also have the Prohibit sa.e
power ti) regulate, license, suppress or prohibit the selling, °* 'iiuors.
bartering or exchanging or trafiic in or giving away, as a
beverage, any ale, wine, rum, gin, brandy, whisky or other
intoxicating liquors within the limits of said corporation,
and may pass ordinances hxing the amount and nature of
punishment or fine to be assessed on any person who shall
violate any of the provisions of this section, or permit the
same to be done on his or her premises.
I 13. The said board shall [have] power to declare and Nuisances.
define what shall be deemed nuisances, and to pass ordi-
nances for abating the same, and for punishing the authors ■
thereof.
§ 11:. To restrain, regulate and prohibit the running at Rimniug at
at large of cattle, horses, sheep, swine, goats or other ani- ^^''o'e of animals
mals, and to authorize the distraining, impounding and
sale of the same, and to prohibit any indecent exhibition
of horses or other animals, and define the punishment
therefor.
§ 15. It shall be the duty of any justice of the peace . r>?'i«^' of tiie
in said corporation, and he is hereby authorized and em- ^"''''^^''^p^^'^''-
powered, in view or upon complaint being made to him,
upon oath, of the violation of any law or ordinance of said
town, to issue his warrant, directed to the town constable,
or to any other authorized person, to apprehend the offen-
der, and bring him or them forthwith before him; and
upon hearing the evidence, if it shall appear that the ac-
cused has been guilty of the violation of any law or ordi-
nance, as charged, he shall impose such fine or imprison-
ment as may be provided, for the offense committed, by
the ordinance or law of said corporation ; to provide fo"r
the punishment of any olfender who shall fail or refuse to
pay any fine which may be legally assessed against him or
them. (
§ IG. The inhabitants of said corporation shall be ex- Exempt rrom
cmpt from the performance of road labor, or the payment side'^iown.' *'"^"
of road tax levied by authority of the countv court: and
Yol.III-lOl
802 TOWNS — INCORPORATED.
the entire jurisdiction and control of all the roads, bridges
and highways shall be held and exercised by said board of
trustees of said town,
§ 17. This act is hereby declared to be a public act, and
shall be in force from and after its passage.
Approved March 29, 1869.
In force March AN ACT to incorporate tli© tov/n of Jefferson, in the pounty of Cook, and
27, 1E6P. state of Illinois.
Section 1. Be it enacted by the People of the State of
Illinois^ represented in the General Assembly^ That the
inhabitants and residents of the town of Jefferson, in the
county of Cook, be and they are hereby constituted a body
Name aed style, politic and Corporate, by the name and style of "The Town
of Jefferson ; " and, by that name, shall have perpetual suc-
cession, and may have and use a common seal or not, as
they may choose, which they may change and alter at
pleasure ; have power to sue and be sued, plead and be
impleaded, in all courts of law and equity, in all actions
whatever ; and purchase, receive and hold property, real
and personal, within the limits of said town, foi* public
irrounds or town purposes, for the use of the inhabitants of
'said town, and may sell, lease or dispose of property, real
and personal, for the benefit of said town, and improve and
protect such property, and do all things in relation thereto,
as natural persons.
Boundaries. ^ 2. The boundaries of said town shall include with-
in their limits all that district of country now known as the
town of Jefferson, in the county of Cook, and state of
Illinois.
Government § 3. The iTOvemment of Said towu shallbe vcsted in tive
nfmfste'lJ!''*''^ trustees ; and'the supervisor, assessor and three commission-
ers of highways of' said town of Jefferson, and their re-
spective successors in office, are hereby constituted and de-
clared a board of trustees.
Qiiaiiflcatious g 4, The board of trustees shall determine the qualifi-
of members. (.jjj-JQj^g ^f j^g members, and have power to determine the
rules of their own proceedings, punish a member for dis-
orderly conduct, and, with a concurrence of four-fifths, said
board of trustees can expel a member for disorderly con-
duct. A majority of the board shall constitute a quorum,
but a smaller number may adjourn from time to time and
and compel the attendance of absent members, under such
penalties as may be prescribed by ordinance.
Oath of office. § 6. Each of the said board of trustees shall, before
entering upon the duties of his oflSce, take an oath to per-
TOWNS — INCORPORATED. 803
form the duties of his office to the best of his knowledge
and ability, to support the constitution of the United States
and of this state. There shall be at least one regular meet-
ing of said board of trustees in each quarter of the year,
at such time and place as may be prescribed by ordinance,
with power to adjourn from time to time, as may be deemed
necessary. The supervisor shall preside at all meetings,
and in case of his absence or inability to act at any meeting
of the board, one of their number may be chosen chair-
man, who shall preside at that meeting. The supervisor
or any two members of said board of trustees may call
special meetings, when deemed necessary.
§ 6. The said board of trustees shall have power, from
time to time —
Fint — To cause any street, alley or highway to be opened, open streets, etc
altered, widened, extended, laid out, graded, paved, mac-
adamized, planked, clayed and graveled or otherwise im-
proved, and to keep the same in repair.
Second — To cause sidewalks, crosswalks, main drains and Sidewalks an
sewers, private drains and aqueducts to be constructed and
laid, re-laid, cleansed and repaired, and to regulate the
same.
Third- — To regulate the running at large of cattle, horses, stock at large.
sheep, swine, goats and other animals, and to prohibit any
indecent exhibition of horses and other animals ; to estab-
lish and maintain a public pound and appoint a pound
master and prescribe his duties, fees and compensation for
his services.
Fourth. — To prevent the running at large of dogs and Dogs at urge.
provide for the destruction of the same when running at
large contrary to ordinance ; to prevent public dog-fights,
buU-iights, prize fights or any public or private fighting,
and to restrain loud and unbecoming, profane or indecent
language or disorderly conduct in said town.
Fifth. — To license, tax and regulate the selling, exchang- License sais
ing and traffic of any wine, rum, gin, brandy, whisky, ale, °^ "'i'^°"-
beer, porter, cider, or other intoxicating liquors, within the
limits of said town : and any person who shall take out a
license from said trustees, as prescribed by ordinance, shall
not be required to take a license from the county clerk ; and
the money received for such license shall be paid over to
the commissioners of highways, and laid out by them on the
public roads and streets in said town.
Sixth. — To provide for inclosing, improving and regula- Puiiic grounds.
ting all public grounds belonging to said town or that may
hereafter be- acquired by said town ; to provide for the in-
spection and weighing of hay, and measuring of firewood
and other fuel, to be used in said town.
Seventh — To require the railroad companies to construct 1^*3"^°^'*'"''°"'
and keep in repair suitable crossings at the intersections of
streets and alleys, when the board of trustees shall deem it
necessary, and to cause to keep open and repair ditches.
80 4 TO'WNS — INCORPOEATfii).
drains, sewers and culverts on the sides of their railroad
tracks, so that filthy or stagnant pools of water cannot
stand on their grounds or right of ways, to the injury of
said town, and to the health of the inhabitants thereof, and
to regulate the speed of locomotive engines in said town or
any part thereof.
Unwholesome Eighth — To couipel the owner or occupant of any soap
place. factory, tallow chandler shop, tannery, grocery, privy, cel-
lar, stable, barn, sewer or other unwholesome, nauseous
house or place, to cleanse or remove or abate the same, as
often as may be necessary for the health, comfort and con-
venience of the inhabitants of said town ; to direct and
resrulate the location, construction and manao-ement of brew-
eries, tanneries, packing houses, distilleries and slaughter
houses, so that the same shall not be injurious to said town
or injurious to the inhabitants thereof, and to license and
restrain steaming or rendering lard, tallow, ofial and such
other substances as can or may be rendered, and all estab-
lishments or places where any nauseous, offensive or un-
wholesome business may be carried on ; to regulate, restrain,
prohibit and punish, by fine or imprisonment, shooting in
said town.
General health. Ninth — To make regulations to secure the general health
of the inhabitants of said town ; to prevent the introduction
of contagious diseases into the town ; to prevent deposit-
ing any dead bodies, night soil, corrupt or filthy sub-
stance or thing in said town ; to abate and remove nuisan-
ces, and punish the authors thereof by fine, penalties and
imprisonment, and to make all necessary laws or rules for
that purpose, and to enforce the same ; but nothing in this
act shall be so construed as to oust any court of jurisdiction
by indictment or otherwise.
■ Defacing trees. Tenth — To restrain, prohibit and punish, by fine or im-
prisonment, the cutting of trees or shrubbery upon any of
the public grounds or highways, streets or alleys in said
town.
Appnintmontof Eleventh — To appoint town constables ; to fill any vacan-
coastabies. qj causcd by death or resignation of any constable, and to
appoint as many policemen as they shall deem necessary,
who shall be qualified by taking the oath of office in the
same manner that constables are, and who shall have the
same power and authority to serve process, writs and make
arrests, and to do any and all things or acts within the pow-
er or authority of constables, and to provide reasonable
compensation for services and expenses of such policemen
and constables.
Jurisdiction of § 7. Any iustice of the peace of said town or any court
jnsticcs of peace ^f ^ecord of Cook couuty shall have jurisdiction of any of-
fences under the orders, ordinances or regulations of said
board of trustees.
TOWNS — INCORPORATED. 805
§ 8. All actions brought to recover any penalty or for- . suits vested
feiturc incurred under this act or the ordinances or rcsolu- '" corporaiion.
tions, by-laws or police regulations made in pursuance of it,
shall be brought in tlie corporate name. It shall be lawful
to declare, generally, in debt for such penalty or forfeiture,
stating the'clause of this act or the by-laws or ordinances
under which the penalty or forfeiture is claimed, and to give
the special matter in evidence under it.
§ 9. In all prosecutions for the violation of any ordi- First procepa
nances, by-laws, police or other regulation, the first process 'i»"'"«io"s.
shall be a summons, unless oath or affirmation bo made for
a warrant, as in other cases. Any fine imposed for violation
of any order, ordinances or regulations shall be paid to said
board and shall by them be used to defray such expenses
as may bo incurred in the exercise of their powers.
§10. The expenses of any improvement mentioned in Exponeespaid
the foregoing sections shall be assessed upon the real estate se^'ssments!'
in said town of Jefferson deemed beneSted thereby to the
extent of such benefits, together with the costs of the pro-
ceedings therein, in proportion, as nearly as may be, to the
benefits resulting thereto ; and in case the said commission-
ers shall not find lands or real estate specially benefited by
such improvement to the full amount of such estimated
damage, expense and cost, they shall certify in the assess-
ment so by them to be made the amount of such deficiency,
and such deficiency shall be levied and collected the same
as other taxes in said town or paid out of the general fund
of said town, as shall be ordered by the board of trustees of
said town.
§ 11. The said board of trustees shall ascertain, by es- commissionera
timate, the probable cost and expense of such improvement meut'^fof ^tal
or purpose, and they shall, by ballot, appoint, by a ma- p''"'^'"- "''■*^*^''-
jority of said board, two respectable freeholders of said
town, who, with the assessor of said town, (who, with the
other two, shall constitute the commissioners for that pur-
pose,) shall make such assessment. The three commission-
ers thus constituted shall be sworn faithfully and impar-
tially to make such assessment, and do their duty to the
best of their ability.
§ 12. Before the making of such assessment, the com- Notice by
missioners shall give six days' notice, directed ''to all per-
sons interested," by posting up notices in three of the most
public places in the said town of Jeii'erson, of the time and
place of meeting, and they may, if necessary, adjourn from
day to day. The commissioners shall assess the amount
directed by the said board of trustees to be assessed upon
the real estate by them deemed benefited, resulting thereto
as nearly as may be, and briefly describe in the assessment
roll, to be made by them, the real estate in respect to which
any assessment is made.
§ 14r. When the commissioners shall have completed ueiiver asscse-
tlieir assessment and made [a] correct copy thereof, and^TOdert
806
TOWNS — mCOKPOEATED.
Appeal taken.
Vacancy
each commissioner signed the same, they shall deliver the
said assessment roll to the town clerk of said town of Jef-
ferson within sixty days after appointment. The town clerk
shall thereupon cause notices to be posted up in three of the
most public places in said town, for the space of six days, to
all persons interested, of the completion of the assessment
and of the filing of the roll. Time and place shall be desig-
nated therein for hearing objections.
§ 14, Any person or persons interested may appeal to
said board of trustees for the correction of the assessment.
Appeals shall be in writing and filed in the town clerk's
office within sixty days after the notice shall have been
posted up as provided in the foregoing section. The board
of trustees may adjourn such hearing from day to day, and
shall have power, in case of appeal or otherwise, in their
discretion, to revise and correct the assessment roll in any
way they may deem best, by appointing three other com-
missioners, or otherwise ; and when confirmed it shall be
final and conclusive on all parties interested. When con-
firmed, the assessment shall be collected as hereinafter pro-
vided, and no appeal or writ of error shall lie in any case
from such order or determination. If any assessment be
set aside by order of any conrt, the board of trustees may
cause a new one to be made, in like manner, for same pur-
pose, for the collecting the amount so assessed. If any
vacancy happens in the office of commissioner, at any time,
by reason of the removal, failure or refusal or inability from
sickness or other cause, to serve, the board of trustees may
fill such vacancy. If the first assessment prove insufiicient,
another may be made in the same manner, or if too large a
sum shall at any time be raised the excess shall be refund-
ed, ratably to those by whom it was paid.
§ 15. Commissioners appointed under this act (and the
said assessor) may be sworn into ofiice by the town clerk ;
and said commissioners shall be allowed three dollars per
day, each, Ibr actual service, which, together with all other
expenses in relation to any assessment made in pursuance
of this act, shall be deemed part of the expenses of the im-
provement and included therein.
§ 10, "When the assessment shall have been confirmed,
as hereinbefore provided, it shall be the duty of the town
clerk to file the same in the office of the clerk of the county
court of the said county of Cook ; and it shall be the duty of
said clerk of the county court, in the warrant next thereafter
to be issued for collection of state and county taxes levied
upon the real estate in said town of Jefferson, to set down
in a column for that purpose provided, opposite the several
lots, pieces or parcels of real estate upon which assessments
have been made for benefits, as hereinbefore provided, the
Duties of the amounts of Said assessments, respectively; and it shall
thereupon be the duty of the collector of taxes for the state
Compensation
of commission-
ers.
Confirmation of
assessments.
collector.
TOWNS — INCORPORATED, 807
and county to collect the said assessments and enforce the
payment thereof in the same manner and with all the rights,
powers and autliority that he has to collect state and county
taxes, and shall pay the same over to the supervisor or other
officer entitled to receive the town tax at the same time
that he is required to pay over the county revenue ; and
the proper court of said county ^ shall render judgment
against and order the sale of any lot, piece or parcel of real
estate for the non-payment of the said assessment and costs,
in the same manner as it is or may be provided for state
and county taxes ; and judgment shall be rei)dered for the
aggregate amount for state, county and other taxes and the
assessment aforesaid. The sale shall be conducted upon saie, how a n-
the same notice and judgment and in the same manner as ^"*^''^''-
is or may be provided by law for state and county taxes.
The right of redemption shall exist and be exorcised in the
same manner, and deeds for property sold for any assess-
ment levied under this act shall be executed by the same
persons, and shall have the same effect, as evidence, as
deeds executed in pursuance of the laws now in force or
hereafter to be enacted providing for the collection of state
and county taxes in the counties adopting the township or-
ganization. The collector shall receive the same corapen- coiiectoi-s fees.
sation for the collection of said assessments as is allowed
for the collection of state and county taxes, to be paid out
of the funds of the town of Jefferson, and he shall be liable
on his bonds for the faithful performance of the duties re-
quired under this act.
§ 17. Nothing herein contained shall be construed to jg^^^' draina'4'
prevent or release the (^ook county drainage commissioners connnissioEerl!
from completing any ditch or drain or other improvement
which shall at the time of the passage of this act have been
ordered by said commissioners, pursuant to an act entitled
'•An act to drain the wet lands about Chicago," approved
February 17th, 1851, and the acts amendatory thereof; but
said commissioners shall have the power, and it shall be
their duty, to complete such work and to make any and all
additional assessments therefor the same as if this act had
not passed.
§ 18. This act shall be deemed and taken to be a public
act, and construed in the most liberal and beneficial
manner to carry out its provisions and be in force from and
after its passage.
Approved March 27, 1869.
porate powers.
808 TOWNS — mCOEPOEATED.
In force April AN ACT to incorporate the town of Jeffersonville, in Wayne county.
ARTICLE I.
Section 1. Be it enacted hy the People of the State of
Illinois, rejyreseiited in the General Assembly, That the
inhabitants of the town of Jeffersonville, in Wayne county,
and state of Illinois, are hereby constituted a body poll-
Name and style, itic and corporate by the name and style of "The Presi-
dent and Trustees of the Towm of Jeffersonville;" and, by
that name and style, have perpetual succession, and may
have and use a common seal, which they may change and
alter at pleasure.
General cor- ^ Q, The boundaries of the corporation hereby created
shall be to include the southeast quarter of section ten (10),
the southwest quarter of section eleven (11), the northeast
quarter of section fifteen (15), and the northwest quarter of
section fourteen (14), all in township one (1) south of range
seven (7) east of the third principal meridian, in Wayne
county and state of Illinois, and the boundary lines of the
said incorporation shall be the outside lines of the said four
quarter sections : Provided, nevertheless, that the president
and trustees of said town may, at any time, by ordinance,
extend the limits of said incorporation.
Botmdarics of | 3. The inabitants of said town, by the name and style
aforesaid, shall have power to sue and be sued, to plead
and be impleaded, to defend and be defended, in all courts
of law and equity and in all actions whatsoever ; to pur-
chase, receive and hold property, both real and personal,
within the limits of said town ; to purchase, receive and
hold real ])roperty beyond the limits of said town, for
burial grounds and other purposes, for the use of said in-
habitants ; to improve and protect such property, and lease,
sell, convey and dispose of the same, and do all acts and
things in relation thereto as natural persons.
town
ARTICLE II.
Power? vested SECTION 1. The municipal government of said town
m town council, gi^^^j} jj^ vcstcd in a towu council, consisting of a presi-
dent and four trustees, who shall be elected annually by
the legal voters of said^town, and they shall continue in
office until their successors are elected and qualilied.
Eligibility of § 2. No person shall be a trustee of said town who has
trustees. ^^^^j. r^^.j-jy^j ^^^ ^ho age of twenty-one years and who has
not resided in said town one year next preceding his elec-
tion, and who is not at the time thereof a ho7ia fide free-
holder in said town, and, moreover, who has not paid a
state and county tax; and all free male white inhabitants
over twenty-one years of age, who have resided in said
town thirty days next preceding an election, with the inten.
TOWNS — INCORPOKATED, 809
tion of becomiDg a hona fide citizen thereof, shall be enti-
tled to vote at all municipal elections.
§ 3. The said trustees shall at their first meeting pro- Election of
ceed to elect one of their own body president, and the per- p'^'^^^'^^"^-
sons who may be in office as trustees of said town, under
the general incorporation acts of this state, shall, after the
passage of this act, be deemed to hold cheir ofiice by virtue
of this act, until the 1st Monday in April, A. D. 1869, and
until their successors in ofiice are elected and qualified to
discharge their duties in conformity to the provisions of this
act.
§ 4. If any member of the board of trustees shall re- onice vacated,
move from the town, his ofiice shall thereby be vacated, and
all vacancies that may occur in the said board shall be filled
by election.
§ 5. The board of trustees shall be the judges of the Election returns
qualification, elections and returns of its own members, and
shall determine all contested elections.
§ 6. A majority of the town council shall constitute a Quorum to do
quorum for the transaction of all business, but a smaller °^"^®^^-
number may adjourn, from time to time, and compel the
attendance of absent members, under such fines and pen-
alties as may be prescribed by ordinance.
§ 7. The town council shall determine the rules of its ce?J\n,^g*'^^'™"
proceedings, but no member thereof shall be appointed to
any ofiice under its authority, except clerk and treasurer.
§ 8. The town council shall cause to be kept a journal proc'^edSIs °^
of its proceeding, and such journal, purporting to be a re-
cord of the proceedings of the town council, shall be re-
ceived in all courts and places, without further proof, as
evidence of all matters therein contained.
§ 9. Every member of the town council, before enter- oaih of office,
ing upon the discharge of the duties of his office, shall take
and subscribe an oath or affirmation, that he will support
the constitution of the United States and of this state, and
that he will well and truly perform the duties of his office
to the best of his ability.
§ 10. Whenever there shall be a tie in the election for (j^^'J^de^*'^' ''"^^
members of the town council, the judges of the election
shall certity the same to the police magistrate, who shall de-
termine the same by lot, in the presence of said judges,
who shall enter the result thereof on their returns of said
election.
§ 11. There shall be a stated meeting of the town coun- ^"^^"^ meetings
cil once in each month, the time and place of which meet-
ing shall be prescribed by ordinance, but the president
may call a special meeting whenever necessary.
Vol.111— 102
810 ''' TOWNS— INCOKPOEATED.
ARTICLE III.
Annual election SECTION 1. Ou the lirst MoDclay in April, A. D. 1869,
trustees. ^^^^ q^ ^^q £j.g|. Monday of April, in eacli year thereafter,
an election shall be held in said town, for the purpose of
choosing five trustees of the town council hereby estab-
lished.
Judge? aud § 2. The town council shall have power to appoint two
clerk of eieciiou Qf tj-^eir owu number as judge and clerk of eacli municipal
election ; and said election shall be held between the hours
of ten o'clock, A. M., and four o'clock, P. M., of the day
above specified, and all special elections shall be lield in
the same manner.
ARTICLE IV.
Power to levy SECTION 1. The towii couucil shall havB powcr to levy
taxes. '^^ '^^ and collect taxes on all property, real and personal, within
the limits of said town, not exceeding one and one-half per
cent., per annum, upon the assessed valuation thereof, for
general purposes, and they may enforce the payment of
said taxes in any manner, to be prescribed by ordinance,
not repugnant to the constitution and laws of the United
States or of this state.
May borrow § 2. To borrow moucy on the credit of said town : P?'0-
money. mded, that the interest payable on the aggregate of all
sums borrowed shall never exceed, in any one year, one-
half of the town revenue, from real estate, for that year.
Indebtedness. § 3. To piovide and appropriate money for the pay-
ment of all debts and expenses of the town.
Appointment § 4. To appoint a clerk, treasurer, assessor, collector,
ofofticers. police constablo, street commissioner and such other officers
as they may deem expedient, for carrrying this act into full
eft'ect, and to prescribe their duties ; to require all officers so
appointed to take an oath for the faithful performance of
such duties, and to give bonds, with such securities and
penalties as may be prescribed by ordinance.
Compensation § 5. To fix the Compensation of town officers, regulate
of officers. ^i^g ^'ggg of jurors, witnesses and others, for services ren-
dered under this act, and to remove from office any person
appointed by them.
Contagious dis- § C. To make regulations to prevent tlic introduction of
^^^'^'^' contagious diseases into the town.
General health. § 7. To make regulations to secure the general health
of the inhabitants ; to declare what shall be deemed a nui-
sance, and to prevent, abate and remove the same, and to
punish the authors thereof,
improvement § S. To opeu, alter, widou, extend, establish, vacate,
fiudhfghway "*^^ abolish, grade, pave or otherwise improve any streets, lanes,
avenues, alleys, roads, sfpiares, commons, parks or other
public grounds in said town, or any other grounds or places
TOWNS — INCORPORATED. 811
belonging to said corporation and to have exclusive control
of the same.
§ 9. To build and keep in repair bridges, culverts and Bridges,
street crossings ; to provide for protecting, inclosing, adorn-
ing or otherwise improving any squares, conamons, parks or
other public grounds in said town, or any other grounds or
])iace8 belonging to said corporation ; to provide for the erec-
tion of all ncedi'ui buildings for the use of said town, and to
levy special taxes therefor, when authorized so to do by a
majority of the legal voters of the town at any election, and
to collect the same as the town taxes are collected.
^ 10. To cause all the streets, alleys or lanes, avenues Kepau- streets.
and public lands in the town to be kept in good repair, and
to this end they may require every able-bodied male inhab-
itant thereof, over the age of twenty-one years and under .
fifty, to labor on such streets, alleys, lanes, avenues or pub-
lic grounds, not exceeding four days in each year, or pay
commutation in lieu thereof, at the rate of one dollar for
each day they may be so required to labor, and the inhabi-
tants of said town are hereby exempted from working on
any road beyond the limits of said town and from paying
any tax to procure labor to be done thereon, except the
road tax levied by other districts on property therein.
§ 11. To provide for the surveying, platting, number- surveyandpiat
ing and recording the plat of any or all out-lots or lands
within the limits of said corporation not now laid out in
town lots in said town and the additions thereto, and to
cause such out-lots and lands to be designated by such num-
bers in the assessment lists and to sell the same for non-
payment of taxes by such designation.
§ 12. To provide the town with water, and to dig wells Provide water,
and cisterns for the use of the inhabitants or the public ; to
provide for the prevention and extinguishment of fires, and
to organize and regulate lire companies ; to provide for the
inspection and weighing of all produce and articles for sale
and the measurement of wood sold for fuel ; to provide for combustibles.
the storage of gunpowder, tar, pitch and other combustible
materials ; to restrain, regulate and prohibit the running at
large of horses, cattle, sheep, swine and other animals, and
to authorize the distraining, impounding and sale of the
same when found running at large contrary to any ordi-
nance, and to prohibit the indecent exhibition of horses or
other animals; to establish and maintain a public pound, Public pound,
appoint a poundmaster and prescribe his duties ; to prevent
or regulate the running at large of dogs, and to authorize
the destruction of the same when running at large contrary
to any ordinance ; to prevent horse racing or any immod- Fast driving,
erate riding or driving within the limits of said town of
horses or other animals ; to prevent the abuse of animals
and to compel persons to fasten their horses or other ani-
mals attached to vehicles or otherwise while standing or re-
maining in the street, square, vacant lot or otii^r open place
812
TOWNS — INCORPORATED.
Indecencies. in the town *, to prohibit and prevent any indecent exposure
of person or other lewd or shameful practice and punish per-
sons guilty thereof; to prevent, suppress and prohibit any
riot, affray, tumult or disturbance of the peace, by loud or
unusual cries or noises or any other disorderly conduct, dis-
orderly assemblages, assaults, assaults and batteries, firing
of squibs, rockets, guns or other combustibles or firearms
within the limits of the said town.
Injury to pii- § 13. To prohibit and prevent and punish any wanton
vate propel ty. j,^j^^j.y (.^ private property, disorderly intrusion upon any
private premises, petty pilfering, destruction or injury of
shade, fruit and ornamental trees or any other disorderly
proceedings, endangering or trespassing upon the rights
of private persons or property ; to license, tax and regulate
^A^ijcUoneers, theatrical and other exhibitions, shows and amusements ; to
license, tax and regulate auctioneers, peddlers, hawkers,
ordinaries and gift enterprises ; to restrain, prohibit and
suppress tippling houses, dram-shops, gambling houses,
bawdy houses and other disorderly establishments ; to re-
strain, prohibit and suppress all descriptions of gambling,
swindling and fraudulent abuses, and to punish ail persons
1 License sale of in any manner engaged therein; to regulate, license or
suppress and prohibit the selling or bartering, exchanging,
giving away, trafficking in or in any manner disposing of
any wine, gin, rum, brandy, whisky, beer or any other
vinons, spirituous, malt, mixed or intoxicating beverages
within the limits of said town.
^^^^^^- g 14, To provide for taking enumerations of the inhab-
itants of said town.
Pass and enforce § 15 To pass all Ordinances which they may deem ne-
cessary and proper for carrying into full effect the provis-
ions of this act, and for the regulation of the municipal gov-
ernment of said town and to execute the same, and to im-
pose tines, forfeitures and penalties for the violation of any
ordinance or any of the provisions of this act, and to pro-
vide for the enforcement of such ordinances and the re-
i<Mueg, forfeit- covery of such fines, forfeitures and penalties, in any man-
ner not repugnant to the constitution of the United States
or of this state : Provided, that in no case shall any such
fine or forfeiture exceed the sum of one hundred dollars,
for any one offense, and any such fine or forfeiture may be
recovered before the police magistrate hereinafter provided
for or any justice of the peace in said county of Wayne,
in the corporate name, and such police magistrate or justice
of the peace may, unless the amount of such judgment be
paid forth Vv'ith or satisfactory security given, issue execution
against the goods and chattels of any offender immediately
upon rendition of judgment, or he may direct that such of-
fender be held in custody and be compelled to work out the
amount of such fine and costs on the public streets, at such
sum per day as may be provided by ordinance.
TOWNS — INCORPORATED. 813
§ 16. To provide for the punishment of oftendersagjainst Punishment ^of
any ordinance or provision of this act, by iraprisonmcnt, °^*^°*^^'"^-
not to exceed three niontlis for any oue offense, in the
county jail, town prison or other secure ])lace to be pro-
vided by tliera for that purpose.
§ 17.' The style of the ordinances of said town shall be, *^ty'e of ordi-
"7ie it ordained hy the Toton Council of the town ofJefferson-
ville ; " and all ordinances passed by the town council shall
be recorded in a book to be kept for that purpose, whicii
book, purporting to be a record of the ordinances of said
town, shall be received in evidence in all courts and places
without further proof or authentication.
§ IS. Printed or written copies of all ordinances passed Publication of
by the town council shall be posted up in at least three of *"^ napce?.
the most public places in said town, within thirty days after
their passage, and all ordinances shall take effect at the ex-
piration of ten days after such posting.
§ 19. All ordinances of the town may be proven by the Evidence an
seal of the corporation, and when printed or published in ^'^°°^°**
book or pamphlet form and purporting to be printed or
published by the authority of the town council, shall be re-
ceived in evidence in all courts and places, without further
authentication or proof; and any ordinance of said town,
printed and published in any newspaper in Wayne county
and purporting to be printed or published in and by author-
ity of the town council, shall, in like manner, be recorded
in evidence in all courts and places without further authen-
tication or proof.
ARTICLE V.
Section 1. The president shall be the chief executive ch-ef executive
ofhcer of the corporation, and as such shall be conservator *^
of the peace, and have power to arrest without warrant and
bring to trial any person guilty of a violation of ' any ordi-
nance or provision of this act, and he may appoint, from
time to time, as the same may appear to him necessary,
such watchmen by day or night as may be requisite to pre-
serve the peace in any emergency or apprehended distur-
bance, and such watchman so appointed is hereby author-
ized and empowered to arrest without warrant and confine
any person found engaged in any violation of any ordi-
nance of said town, precisely as the police constable of said
town is by this act authorized to do ; and the said president
is hereby authorized to call upon any white male resident
of said town, over the age of twenty-one years, to aid in the
enforcement of the ordinances of said town to preserve the
peace, and any person who shall fail or refuse to obey such
call shall forfeit and pay to said town a fine not exceeding
ten dollars.
§ 2. The said president shall be active and vigilant in ^ a<^"y^ ^"^ '"-
pnforcing the laws and : ordinances for the government of ins^^aws.^
lUgS
814 TOWNS — INCOBPOKATED.
the town. He shall inspect the conduct of all subordinate
officers of the town, and cause negligence and positive vio-
lations of duty to be prosecuted and punished, and shall
have power, whenever he may deem it necessary, to re-
quire of any officer of said town an exhibition of his books
and papers. He shall preside at all meetings of the town
council, preserve order and have a casting vote in case of a
tie, but no other. In case of his non-attendance at any
meeting the council shall appoint one of their number to
preside at such meeting.
Special meet- | 3^ The president or any two members may call a spe-
cial meeting of the town council.
Signature of § 4. The signature of the president to any paper or
president., docuuient, as president of the town of Jeiiersonville, with
that of the clerk, attested by the seal of the town or their
private seals, shall constitute the signature of said corpo-
ration .
Further duties § 5. The president shall perform such additional acts
of president. ^^^^| dutics as may be required of him by ordinance.
AJITICLE VI.
Election ot SECTION 1. At the election to be held in said town on
tratr '^^^''' t^^e lirst Monday of April, A. D. 1869, and every four years
thereafter, a police magistrate of the town of Jeffersonville
shall be elected, who shall continue in office until his suc-
cessor is elected and qualified.
§ 2. Such police magistrate shall be commissioned and
sworn and shall qualify in the same manner as is now pro-
vided by law for justices of the peace, and shall have the
same emoluments and jurisdiction as justices of the peace
in Wayne county. He shall be a conservator of the peace
of said town, and shall be entitled to jurisdiction, in all
cases arising under the ordinances of the town, and shall be
entitled to the same fees for his services as are now al-
lowed to justices of the peace, in similar cases, under the
laws of this state, and to be collected in the same manner.
Duties of the § 3. It is hereby made the duty of the police constable
police constable ^f ^i^q gr^j^ town, aud of all coustablcs of Wayne county,
to execute any process or order issued or made by such po-
lice magistrate in the county of Wayne, in the same man-
ner as processes are executed from other justices of the
peace.
ARTICLE VII.
Pabiication of SECTION 1. The towu council shall cause to be pub-
paiiditurcs! ^^' lishcd, at the close of each yeai*, a complete statement of
the i-eceipts and expoiulitures of the town during the
year.
•Judges of eiec- § 2. The members of the town council or any two of
them shall be judges of the aunual election held in pursu-
ance of this act, and such special elections as may be or-
Jurisdicticuof.
TOWNS — INCORPORATED. S15
dcred by them, and shall conduct the same in such manner
as may be prescribed by ordinance.
§ 3. All lines imposed and collected for violation of any ^^^^^^^ paid to
of the ordinances of said town, and all license fees and
other moneys collected by virtue of this act or any ordi-
nance passed in pursuance of this act, shall be paid into
the treasury of said town by the officers receiving the same,
and shall- constitute a part of the general fund thereof.
§ 4. Appeals shall be allowed from decisions, in all Appeals allowed
cases, arising under the provisions of this act or any ordi-
nance passed in pursuance thereof, to the circuit court of
A'Vayne county, and every such appeal shall be granted in
the same manner and with like effect as appeals are taken
from and granted by justices of the peace to the circuit
court in similar cases, under the laws of this state.
§ 5. The right of trial by jury shall be allowed to any Right of trial
person charged with a violation of any of the provisions of '^^'J"^"-'-
this act or a breach of any ordinance of said town.
§ C. The police constable, to be appointed by the town jurisdiction of
council, as heretofore provided, shall have the same power p°^^*^® constable
and authority, in all cases arising under the laws of this
state, as other constables in Wayne county, and shall have
the same right throughout the county of Wayne to serve any
process issued by any court as other constables, and he
shall have authority and it shall be his duty to arrest, with-
out warrant, any person found engaged in a violation of
any ordinance of said town, or any person liable to escape
before warrant can be procured, and confine such person in
the town prison or other secure place, or hold him in cus-
tody until he may be brought to trial ; and any person
who shall forcibly resist said police constable in the dis-
charge of his duty shall, upon conviction thereof, forfeit
and pay a fine not exceeding one hundred dollars nor less
than ten.
§ 7. All actions, fines, penalties, forfeitures and claims aii actions and
which have accrued to the president and trustees of the corporauou'
town of Jeftersonville shall be vested in and prosecuted by
the corporation hereby created, and all liabilities incurred
and obligations entered into by or with the said president
and trustees, shall be performed and executed to or by
their successors in office and by the corporation hereby
created,
§ 8. The town council hereby directed to be elected on Promuigateact
the first Monday in the month of April, A. D. 186'J, shall,
immediately after their organization, take measures to pro-
mulgate this law within the limits of the town of Jefterson-
ville, and take measures for the election of such officers as
by this act required to be elected hereafter.
§ 9. It shall be the duty of the sherift" and all deputv Arrests, with
sherift's of Wayne county, the police magistrate and all "InT.'^''""' '^"'
town constables of the said town and every member of the
816 TOWNS — INCOEPORATED.
town council or board of trustees herein provided for, to
immmediately cause every person to be arrested and
brought to trial who shall violate any of the ordinances of
said town, when such violation shall in any way come to
their knowledge, and for any failure so to do, any such of-
ficer shall be liable to indictment by the grand jury of
Wayne county, and on conviction shall be fined the sum of
ten dollars and costs of prosecution, or such person or offi-
cer shall be liable to be sued before the police magistrate,
and on conviction be fined in the sum of ten dollars, to be
collected as other fines herein provided for.
§ 10. This act is hereby declared a public act, and shall
be in force from and after its passage.
AprKOVED April 1, 1869.
In force March AN ACT to incorporate the town of Kane.
15, 1809.
ARTICLE I.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the
inhabitants and residents of the town of Kane, in the
county of Greene, and the state of Illinois, be and they
are hereby constituted and declared a body politic and
Name and style. Corporate, by the name and style of "The Town of Kane;"
and, by that name, shall have perpetual succession, and
may have and use a common seal, which they may change
or alter at pleasure.
Corporate pow- § '3. Thc inhabitants of said town, by the name and
ei's- style aforesaid, shall have power to sue and be sued, to plead
and be impleaded, to defend and be defended, in all courts of
law and equity and in all actions whatsoever; to purchase,
receive and hold property, real and personal, in said town,
and to purchase, receive and hold property, both real and
personal, beyond the limits of said town, for burial grounds
and other public purposes; to sell, lease and convey pro-
perty, both real and personal, for the use of said town, and
to protect and improve such property as the public good
may require.
Bonniiaries § ^- '^^^ Hmits of Said towu of Kauc shall be one mile
square, and the north-east corner of section (31), the
north-west corner of section (32), the south-west corner of
section (20), and the south-east corner of section (30), shall
be the central point of said corporation ; and the boundary
lines of said mile square shall run due east, west, north
and south. And whenever any tract of land adjoining
said town is laid oft' into town lots and recorded, the same
, may be attached to and form a part of the same.
TOWNS — INCORPORATED. 817
ARTICLE II.
Section 1. The government of said town shall be PowcrsTeeted
vested in a town council, which shall consist of a president *'*'=°"''"^
and lour trustees, to be chosen annually by the qualified
voters of said town, and who shall hold tlieir offices for
one year, and until their successors are elected and quali-
fied.
§ 2, No person shall be a member of the town council Quaiiflcationa
unless he shall be at the time of, and shall have been for
six months immediately preceding, his election, a resident
of the town, and shall be, at the time of his election,
twenty-one years of age, and a citizen of the United States.
If any member of the town council shall, during the term
of his office, remove from the town, his ofiice shall thereby
become vacant.
§ 3. The town council shall appoint their own presi- -Refumsofeiec-
dent, and shall judge of the qualifications and returns of '^'^°^-
ita members, and shall determine all contested elections in
such manner as may be prescribed by ordinance.
§ 4, Amajority of the town council shall constitute a quo- Quorum.
rum to do bn^^iness, but a smaller number may adjourn from
diiy to day, and compel the attendance of absent members,
under such fines and penalties as may be prescribed by
ordinance, and shall have power to determine the rules of
theii* own proceedings, punish a member for disorderly
conduct, and, with the concurrence of two-thirds, expel a
member.
§ 5. The town council shall keep a journal of its pro- -Tonruai of pro-
ceedings ; and shall have power to fill all vacancies which <=®'^*'"=^"
may occur therein, by death, resignation or otherwise.
§ 6. Each and every member of the town council, be- oatu of office.
fore entering upon the duties of his ofiice, shall take and
sutjscribe an oath, before any justice of the peace of said
county, that he will support the constitution of the United
States and of this state, and that he will truly perform the
duties of his ofiice to the best of his knowledge and ability;
and there shall be at least one meeting of said council in
each month, at such times and places as may be prescribed
by ordinance. »
§ 7. Whenever a tie shall occur in the election of a Tie vote, how
member or members of the town council, the judges of *^ ®'™°^ •
election shall certify the same to the justice of the peace
of said town, hereinafter mentioned, who shall determine
the same by lot, in such manner as may be prescribed by
ordinance.
Yol. Ill— 103
818 TOWNS — mCORPOEATED.
ARTICLE III,
OF ELECTIONS.
J a
Election «f SECTION 1. On the tirst Monday of April next, an elec-
towncomcu. ^.^^ gj^^i^ ^g j^gl^ jjj g^-^ ^Q^^ Q^. j^^j^g j-Q^ ^j^g election of
the five members of the town council of said town ; and
forever thereafter, on the first Monday of April in each
year, an election shall be held for said offices.
Election of § 2. On the first Monday of April next, and on the
failicesofpea^e fi^^^ Monday of April, annually, forever thereafter, an
election shall be held in said town of Kane, for the election
of a justice of the peace and constable for said town, who
shall hold their offices for one year, and until their suc-
cessors are elected and qualified.
Territory de- § 3. For the elcction of a justice of the peace and con-
tioap^recSict!^*^" stablc, the Said town of Kane, as hereinafter defined, or as
may hereafter be extended or limited by ordinance, shall
constitute an election precinct ; and the first election for
officers under the provisions of this act shall be held and
conducted, and returns thereof made, as is now provided
by law in the election of state and county officers ; and
succeeding elections shall be held and conducted, and re-
turns thereof made, as may hereafter be provided by the
ordinances of the town council by this act created.
Qjiaiiflcations § 4. All pcrsoiis wlio are entitled to vote for state offi-
of electors. ^^^.^ ^^ ^-^^ ^^^^ ^^ ^-^^^ State, and who shall have been
actual residents of the said town thirty days next preced-
ing any election held under the provisions of this act, shall
be entitled to vote at any such election.
ARTICLE IV.
OF THE TOWN COUNCIL.
Levy and col- SECTION 1. The towu council shall have power and au-
thority to levy, assess and collect a tax or taxes upon all
property, real, personal and mixed, within the limits of
eaid town, which is now or may hereafter be subject to taxa-
tion for state or county purposes, not exceeding one-half
per cent, upon the assessed value thereof, and may assess
and enforce the collection of the same by any ordinance,
not repugnant to the constitution of the United States or
of this state.
.^wointment g 2. The towu council shall have power to appoint a
clerk, treasurer, assessor and street commissioner, and all
such other officers as may be judged necessary for carrying
into efi'ect the powers conferred upon said corporation by
this act, and to require them to give such bonds, with such
security, and take such oaths, as may be deemed necessary
to insure the faithful performance of their respective duties,
of ollicers.
TOWNS — INCORPOKATED. 819
before entering upon the discharge of the same, and who
shall possess the same qnalificatione as is [are] required
lor a member of the town council ; also, to appropriate
money, and provide for the debts and expenses of the
town. V
To make regulations to secure the general health of the General heuith.
inhabitants of the town ; to declare what shall be consid-
ered a nuisance, and to prevent and remove or abolish the
same.
To open, abolish, alter, widen, extend, establish, grade, Repair streets.
pave or otherwise improve and keep in repair streets, alleys
and lanes in said town, and erect, maintain and keep in
repair bridges, drains and sewers.
To provide the town with water, to sink and keepydn re- Provide water.
pair wells and pumps in the streets, lanes or alleys, for the
convenience and good of the inhabitants; and to erect
lamps in the streets, and light4he same.
To provide for the erection of all needful public build- PubUcbniidings
ings for the use of the town.
To establish markets and market places, and for the gov- Markets and
ernment and regulation thereof, and to provide for the '^^'^''^*' ^°"8^*-
inclosing, laying off and improving all public grounds,
squares and burial grounds belonging to the town.
To provide for the protection and improvement of all Protect public
public buildings owned by said town, and for the preven- ^^ ^° '
tion and extinguishment of fires, and to organize and estab-
lish fire companies.
To regulate partition fences; and to provide for the in- waus, fences.
spection and weighing of hay and stone coal and the meas-
urement of wood and fuel to be used in said town.
To provide for taking the enumeration of the inhabitants Census.
of said town ; [to] regulate chimneys, and fixing the fiues
thereof, and regulate the storage of tar, pitch, rosin, gun-
powder and other combustible materials.
To license, tax and regulate auctioneers, merchants, re- Merchants and
tailers, grocers, taverns, eating houses, peddlers, brokers
and money-changers; but shall have no power to license
the sale of intoxicating drinks, contrary to or inconsistent
with any law of this state.
To prohibit the sale of intoxicating malt and fermented Prohibit bale
liquqrs; to restrain, prohibit and suppress tippling houses, of nquors,
dram' shops, gaming houses, bawdy houses" and other disor-
derly houses within the said town, or within two miles of
the limits thereof.
To license, tax and regulate theatrical and other exhibi- BxMbitious.
tions, shows or amusements.
To provide for the trial and punishment of persons who Punishment of
may be engaged in assaults and batteries and affrays within °^*^^*"-
the corporate limits of said town.
820 TOWNS — INCOEPOKATED.
Election of of- To regulate the election of town officers, define their
duties, and provide for the removal of any person in office
created by ordinance.
Compensation To fix the fees and compensation of town officers, jurors,
witnesses and others, for services rendered under the pro-
visions of this act.
Incumbering To prevent the incumbering of the streets, squares, lanes
streets. ^^^ alleys of said town.
Shade trees. To protect shade trees; to compel persons to fasten
horses, mules and other animals attached to vehicles, while
standing upon any street, alley, lane or uuinclosed lot in
said town.
Eimnin? at To prevent the running at large of horses, cattle, sheep,
sufdcatue.^*"^^^ ^ogs and Other animals, ard to provide for the impounding
and distraining of the same, and to provide for the sale of
the same for any penalty incurred, and to im]30se penalties
upon the owner or owners of any such animals for the vio-
lation of any ordinance in relation thereto.
Dogs at large. To prevent the running at large of dogs, and provide for
the destruction of the same when at large contrary to the
provisions of ordinance in such case made.
Fire works. To prevent the tiring or eale of squibs, rockets, fire-
works or combustibles, or the firing of guns, within the
limits of said town.
J J. P'>j^^iiinent To provide for the punishment of pers^ons who may at
any time distract the peace of the inhabitants of said town,
or the deliberations or jjroceedings of any public meeting
of said inhabitants, or of the town council when in session.
Police. To regulate the police of the town ; to impose fines,
penalties and forfeitures for the breach of any ordinance,
and to provide for the recovery and ajjpropriation of such
fines and forfeitures, and the enforcement of such penal-
ties: Provided^ that in all cases the right of trial by jury
shall be allowed to any person or persons charged with a
breach of any of the provisions of this act, or any ordinance
made in pursuance thereof.
Make ind pass 8 3, The town council shall have power to make and
ordinances. ^ 1 1 i • i • i i ^ ^
eniorce all ordinances which may be necessary and proper
for carrying into efiect all the powers specified in this act,
or as the good of the inhabitants of said county [town]
may require, so that such ordinances are not repugnant to
nor inconsistent with the constitution of the United States
or of this state.
JJ|^y|c of ordi- § 4. The style of the ordinances (i the town fsliall be,
"^t; it ordabiid hy the Town Council of the Town of Kanef^
and all ordinances shall, within one month after they are
passed, be published in some newspaper printed in said
town, or made known by posting up copies of tlie same iu
four public places in said town; and the certificate of the
publisher of said newspaper, or of the clerk of the town,
under the seal of the corporation, shall be prima facte evi-
nances.
TOWNS INCORPORATED. 821
dence of such ordinance and of its publication; and no
ordinance tliall take effect until publiished or made knowu
as aforesaid.
§ 5. All ordinances may be proven by the seal of the Proof of ordu
town, and, when published or printed in book or pamphlet '^^^'^''''•
form, and purporting to be published or printed by author-
ity of the town of Kane, the same shall be received as evi-
dence in all courts and places, without further proof.
ARTICLE V.
OF THE PKESIDENT.
Section 1. The president shall preside at all meetings P'esitog officer
of the council, when present; and in case of his absence
at any meeting, the council shall appoint one of their num-
ber chairman, who shall preside at that meeting.
§ 2. The president or any two members of the council iug^"^^ ™^^''
may call specfal meetings of the same.
S o. The president shall be active and vigilant in en- Active and vi-
/. " . , , ^ IT i- 1 <• 1 gilant lu the per
lorcmg tlie laws and ordmances tor the government oi the formance or du-
town. He shall inspect the conduct of the subordinate '^^^'
officers, and cause negligence and willful violation of duty
to be punished. He shall have power and authority to
call on all male inhabitants of said town, over the age of
eighteen years, to aid in enforcing the laws and ordinances,
and, in case of a riot, to call out the militia to aid in sup-
pressing the same, or in carrying into effect any law or
ordinance; and any and every person who shall fail or
refuse to obey such call shall forfeit and pay [to] the said
town the sum of ten dollars.
§ 4. He shall have power, whenever he may deem it Exhibit books
. ,. ^ ,V I- • 1 1 • 1 ^^"^ papers.
necessary, to require or any oincer ot said town an exhibit
of his books and papers, and shall have power to do all
other acts required of him by any ordinance made in pur-
suance of the terms of this act.
ARTICLE VI.
MAGISTRATE AND CONSTABLE.
Section 1. The justice of the peace hereinbefore pro- commi«1oned^°
vided for shall be commissioned by the governor of the ^y governor.
etate, and he snail have and exercise the same power, au-
thority and jurisdiction as is conferred by law upon other
justices of the peace of this state, and shall have and pos-
sess the same qualifications as is [arej required for a mem-
ber of the town council by section two of article two hereof,
and who shall jrive bonds and qualify, in all respects, as
the justices of the peace are required by law to do.
§ 2. He shall be a conservator of the peace for said ■ustr^gof"e°/e
town, and he shall have exclusive jurisdiction in all cases
822 TOWNS — INCOEPOKATED.
arising out of or under the ordinances of the corporation,
and shall receive the same fees and compensation allowed
for similar services under the laws of this state to other
justices of the peace, and, for any willful contempt, mal-
conduct, oppression or partiality, or palpable omission of
duty, in his said office, may be indicted in the circuit court
of Greene county, and, upon conviction, shall be fined in a
sum not exceeding two hundred dollars ; and the court
shall have power, upon the recommendation of the jury,
to make his removal from office part of the judgment.
Jurisdiction of § 3. The towu coustable elected under the provisions
of this act shall have the same power and authority as is
conferred by law upon other constables of this state, and,
in addition thereto, shall have exclusive power and author-
ity to execute all process issued for the breach of any ordi-
nance of said town ; and he shall give bond and qualify as
constables are required by law to do.
Tie vote how § 4. If two Or morc persons shall receive an equal
number of votes for the oflice of justice of the peace or
constable, the town council shall determine the same by
lot, in such a manner as may be prescribed by ordinance.
Arrest, with or § 6. The Said coustable shall be authorized to arrest all
wiihout.process persons ou viow, without warrant, who shall violate any of
the provisions of this act, or of any of the ordinances of
said town made in pursuance thereof, and take him, her or
them before the justice of the peace of said town, to be tried
and punished as may be prescribed *by ordinance.
Absence of the § 6. In case of the absence, or inability or refusal to
peicTaud ccm- ^^^ ^^ ^^^^^ justicc Or of Said coustable, any justice of the
stable. peace having an office in said town, or any constable of
said county of Greene, shall have power and authority to
hear and determine all cases which may arise under the
ordinances of said town, or to execute all process and writs
which may be issued, in the same manner and with like
efi'ect as the justice and constables of said town herein pro-
vided for.
A^ppeaiB may § Y. Xu all cascs arising under the ordinances of said
town, changes of venue and appeals shall be allowed, as in
other cases before justices of the peace; and the said cor-
poration shall be allowed to appeal in any case in which
they are parties, by causing their secretary or clerk to exe-
- cute a bond, in the name of the corporation, in the form
now or which may hereafter be furnished by law in other
cases, without other security; and an order entered upon
the records of said corporation, directing said appeal, shall
be sufficient evidence of the authority of said security to
sign said bond.
TOWNS — INCOEPOKATED. 823
ARTIC LE VII.
STREETS AND ALLEYS.
Section 1. "Whenever it shall be necessary to take pri- Piivaie prop-
. . •; .. r erty may be ta-
vate property tor altering or opening any public street or ken foropeniug
alley in said town, the corporation shall make just compen- ^*^'^^^'*-
sation to the owner or owners of said property, and pay or
tender the same before altering or opening such street or
alley ; and in case the amount of such compensation cannot
be agreed upon, the same shall be ascertained by six dis-
interested freeholders of the said town, who shall be sum-
moned by the justice of the peace of said town for that
purpose.
§ 2. The said jurors, so impanneled to ascertain the J«r.v ^o^^esti-
damages which will be sustained by the opening or altering ™ '^ ° "
of any street or alley by any person so owning property,
shall lirst be sworn to that effect by said justice, and shall
return to him their inquest, in writing, signed by each of
said jurors, and by him laid before the town council at
their first meeting thereafter ; and either party may appeal
therefrom to the circuit court of Greene county, in such
manner and upon such terms as may be prescribed by ordi-
nance.
§ 3. In the assessment of such damages, the jury shall Assrssments
take into consideration the benefits as well as injury hap-
pening to the owner or owners of property proposed to be
taken for opening or altering a street or alley, by such open-
ing or alteration.
ARTICLE VIII.
MISCELLANEOUS PROVISIONS.
Section 1. The inhabitants of the town of Kane are Exempt from
hereby exempted Irom working on any road beyond the side town limits,
limits of said town, and the payment of any road tax levied
by authority of the county court or other county authori-
ties ; and the entire jurisdiction and control of the roads,
highways and bridges in said town shall be held and exer-
cised by the town council by this act provided for.
§ 2. The town council, for the purpose of fceepino^ the ir habitants to
,. 11 1 ' ii'i ■ •! labor OD ,<ti>.ets,
Streets, alleys, lanes, avenues and highways in said town aiiejs, etc.
in repair, are authorized and empowered to require every
able-bodied male inhabitant of said town, over twenty-one
years of age and under fifty, to labor on said streets, alleys,
lanes, avenues or highways any number of days not exceed-
ing three in each year ; and any person failing to perform
such labor, when duly notified by the street commissioner,
or other authorized officer of said town, shall forfeit and
pay the sum of two dollars to said town for each and every
day so neglected and refused.
824: TOWNS INCORPOKATED.
^^Misdemeanor, | 3. The town couDcil sliall have power to provide for
for. ^^ ^^°^ ^ the punishment of offenders against any ordinance of said
town, by imprisonment in the county jail not exceeding
thirty days for any one otlense, in all cases where such
offenders shall fail or refuse to pay the fines and forfeitures
which may be recovered against them ; and the siieriff or
keeper of the common jail of Greene county is hereby au-
thorized and required to receive and safely keep such per-
son or persons until discharged by due course of law.
Suits institnted ^ 4-. All suits for iiues aud penalties in and for the vio-
lation of any ordinance shall be in the name of the town
of Kane ; and the town council shall have power to regu-
late, by ordinance, the form and nature of the first and
any subsequent process, and the mode of executing the
same.
enter'^*^6ecMity § ^' ^hc Corporation hereby created shall not be re-
fer cost, quired, in any suit brought for a violation of any ordinance
of said town, to file, before the commencement of such suit,
or during the pendency thereof, any security for costs.
Ordinances to § 6. All Ordinances and resolutions passed by the presi-
repeaied^^ "^ ' dent and trustees of the town of Kane shall remain in force
until the same shall have been repealed by the town council
hereby created ; and all actions, tines, penalties and forfeit-
ures which may hereafter accrue to them shall be vested
[in] and prosecuted by the corporation herein created.
May declare *§ 7. Whenever the justice of the peace or constable
office vacant, herein provided for shall remove from said town, resign or
die, or their office shall otherwise become vacant, the town
council shall immediately provide for tilling such vacancy
by election.
Proof of act. § 8. This act is hereby declared a public act, and may
be read in evidence in alt courts of law and equity in this
state, without proof; and upon its going into etiect, all acts
and parts of acts coming within the provisions of this
charter, or contrary to or inconsistent with its provisions,
shall be repealed.
§ 9. This act shall take effect and be in force from and
after its passage.
In force April 15, 1869.
I, EnwAEB Rtjmmel, Secretary of State, do hereby certify that the foreGroing act of
the Tweuty-,<ixih Gene.al As^erably of the State of Illiuois was; tiled in the offi e of the
Seci etary of Siate. April 15, IS I'J. with in the signature of the (Toveinor, but, by virtue
of Seciioi: iil, Article IV, ol the Cousticuiiou of this State, iiie same is now declared a
law, having been retained over ten d.iys by the Governor after its reception.
EDWARD RUM -lEL, Sec'y of State.
TOWNS — INOOKPORATBD. 825
AX ACT to incorporate tlio town of Klnderliook. Ab {-"^^loa.^P''"
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That the in-
habitants of the town of Kinderhook, io the county of Pike,
and state of IlHnois, are hereby constituted a body politic
and corporate, by the name and style of "The Tresident Name and styia,
and Trustees of the town of Kinderhook ;" and by that
name and style, shall have perpetual succession, and may
have and use a common seal, which they may change and
alter at pleasure, and in whom the government of the cor-
poration shall be vested, and by whom its afi'airs shall be
managed,
§ 2. The inhabitants of said town, by the name and General corpo-
style aforesaid, may sue and be sued, implead and be im-
pleaded, defend and be defended, in all courts of law or
equity and in all actions whatever ; and purchase, receive
and hold property, real and personal, within or beyond the
limits of said town, for burial grounds and for other public
purposes, for the use of the inhabitants of said town, and
may sell, lease and dispose of property, real and personal,
for the benefit of said town, and improve and protect such
property and do all things in relation thereto as natural
persons.
§ 3. That all those tracts of land described as follows, Boimdares of
viz : The southeast quarter, and the east half of the south- *^' '^o'po'-ation.
west quarter, and the southeast fourth of the northwest
quarter, and the south [half of the northeast quarter — all
of section twenty-four, in township four south of the base
line and in range seven west of the fourth principal me-
ridian, and the southwest fourth of the northwest quarter,
and the west half of the southwest quarter of section nine-
teen, in township four south of the base line and in range
six west of the fourth principal meridian, in the said county
of Pike, and state of Illinois, together with the original
town of Kinderhook, shall be included wathin the limits
of said incorporation : Provided, nevertheless, the presi-
dent and trustees of said town may, at any time, by ordi-
nance, prescribe other and different boundaries for said
town, not exceeding two miles square.
§ 4. That there shall on the first Monday of April next, ^ Election for
and on the lirst Monday of April thereafter, of each year, trustors.''
be elected by the inhabitants of said townj four trusteep,
and one president of the board of trustees, one clerk of said
board, and one treasurer, and one justice of the peace, to
be styled a police justice, and one constable, who shall hold
their office for one year and until their successors are elect- Terms of office.
ed and qualified, except the justice of the peace and con-
stable, who shall, after the next quadriennial election for
justices of the peace, hold their office for four years ; which
Yol. Ill— lOi
826 TOWNi — INCORPORATED.
said justice of the peace and constable shall qualify in the
same manner and have the same jurisdiction, and be sub-
ject to the same liabilities, as other justices of the peace
Notice of eiec- and constables ; and public notice of the time and place
*'°°' of holding said election shall be given by the president
and trustees of said town, by an advertisement published
in a newspaper in said town or posting it up in three of the
most public places in said town — the first notice of election
to be given by Charles Colvin or by any five qualified vo-
ters in the town. James Bond, Alexander Leggett, Henry
Orr, David Davol, and Green, or any three of them,
shall prescribe the manner in which the election or elec-
tions for the organization under this charter shall be con-
ducted ; and the president and board of trustees shall pre-
scribe the manner in which all subsequent elections shall
Quaiiflcationof jjg conducted. ]^o person shall be elected a president or
trustee ot said town who has not arrived at the age ot
twenty-one years, and who has not resided in said town one
year next preceding his election, and who is not at the time
thereof a honafide freeholder in said town, and, moreover,
who has not paid a state or county tax ; and all white male
inhabitants over twenty-one years of age, who have resided
in said county six months preceding an election shall be enti-
vacancy, ho-w tied to voto at Said election ; and said president and trustees
^"^'^' shall have power to fill all vacancies in said board of trustees
Avhich may be occasioned by death or resignation, and, also,
to appoint a constable, to fill a vacancy that may occur by
death or resignation, who shall be qualified and till said va-
cancy until the next succeeding annual election in said
J^'isesofeiec- town. The trustccs shall bo judges of the elections, quali-
fication and returns of the persons so elected, a majority of
whom shall constitute a quorum to do business; but a
smaller number may adjourn, from day to day, and Compel
the attendance of absent members, in such manner and un-
der such penalties as they may provide, and punish their
own members for disorderly conduct, and, by a vote of three-
fifths of their whole number, may expel a member and
make such rules and regulations for their government as to
them may seem proper and expedient.
§ 5. The president and trustees of said town shall have
power :
improvemeutof JSirst — To cause all the streets and alleys and public
Lya!'* ^^ *" lands within the limits of said town to be kept in good re-
pair, and, to this end, they shall require every male resi-
dent of said town, over the age of twenty-one years, to labor
on the same, not exceeding three days in each and every
year ; and, if such labor be insufficient for that purpose, to
appropriate so much of the general funds of the corporation
as they shall deem necessary thereof.
tiOD,
TOWNS — INCORPORATED. 827
Second — To open, alter, vacate, widen, extend, establish, opening streets
1 A • • t. J. 1 and alloys.
grade, pave or otherwise improve any street, avenue, lanes,
alleys or public roads, within the limits of said town.
Third. — To make, construct and keep in repair side- constmctiou of
walks or pavements in front of any lot or lots adjacent to ^
any street or streets in town, and to levy and to collect a
tax, from time to time, upon the lot or lots in front of which
such sidewalks or pavements are or shall be ordered and
proposed to be made, constructed or kept in repair : Pro-
vided^ such tax shall be on such lots proportionate to the
length of their respective fronts ; and until the said president
and trustees shall provide, by ordinance, for levying and
collecting of said tax, they shall enter upon the records of
said corporation, whenever they desire to collect such tax, a
resolution that such tax shall be levied and collected, and
the number of the lot or lots upon which the tax is proposed
to be levied, and the amount upon each lot ; and a certified
copy of such resolution shall be filed in the o^ce of the
clerk of the county court. It shall then be collected in the
manner provided in the ninth section of an act entitled
"An act to incorporate towns and cities," approved Feb-
ruary 10, A. D. 184:9, for the collection of other corporate
taxes.
Fourth — To levy and collect taxes upon all property, real Levy and coi-
and personal, within the limits of said corporation, not ex-
ceeding one-half per cent, per annum, upon the assessed
value thereof, and may enforce the payment thereof in any
manner, to be prescribed by ordinance, not repugnant
to the constitution of the United States and of this state;
but until they provide by ordinance for enforcing the pay-
ment thereof, they shall be collected in the manner pro-
vided by the ninth section of the act aforesaid.
Fifth — To restrain, regulate or prohibit the running at stock at large,
large of any cattle, horse, sheep, swine, goats and other
animals, and to authorize the distraining, impounding and
sale of the same ; and to prohibit any indecent exhibition
of horses or other animals.
Sixth — To prevent and regulate the running at large [of] ^"gs,
dogs, and the destruction of the same when at large con-
trary to any ordinance.
Seventh — To prevent horse-racing, or any immoderate rid- and^fast dmin°<^!
ing or driving within the limits of said town, of horses or
other animals ; to prohibit the abuse of animals ; to compel
persons to fasten their horses or other animals attached to
vehicles or otherwise, while standing or remaining in any
street, alley or public road in said town.
Eighth. — To establish and maintain a public pound, and Public poocda.
to appoint a poundmaster and prescribe his duties.
Ninth. — To license, regulate and prohibit all exhibitions Exhibitions.
of common shows of every kind, caravans, cu-cusea and ex-
hibitions and amusements.
S28 TOWNS — INCOEPOEATED.
Prevent riot- Tenth. — To prevent, suppress and prohibit any riot, af-
0U8 conduct. ^^^^^ disturbance or disorderly assemblages, assaults, as-
saults and batteries, or shooting within the limits of said
town.
Abate nuisances Eleventh. — To declare what may be a nuisance, and to
define the same, and to authorize and direct a summary
abatement thereof.
Prevent con- Twelfth. — To make regulations to prevent the intro-
tagioiw diseases ^^^g|.'Qj^ ^^ coutagious discascs iuto town, and execute the
same for any distance not exceeding two miles from the
limits thereof.
Gunpowder,etc. Thirteenth. — To regulate the storage of gunpowder and
other combustible materials.
Extinguishment Fourteenth. — To provide for the prevention and extin-
of fires. guishment of fires, and to organize and establish fire com-
panies.
Provide water. Fifteenth. — To provido the town with water for the ex-
tinguishment of fires.
Pabiicgrounds. Sixteenth. — To provide for inclosing, improving and
regulating all public grounds and other lands belonging to
said town.
Buildings. Seventeenth. — To provide for erecting all needful build-
ings for the use of said town.
Gambling and Eighteenth. — To restrain and prohibit all descriptions of
other devices, gambling and fraudulent device ; to suppress and prohibit
billiard tables, ball-alleys and other gambling establish-
ments.
Houses of ill- Nineteenth. — To suppress and prohibit disorderly houses
fame. ^j. g^Qceries and houses of ill-fame.
General health. Twentieth. — To make all necessary regulations to secure
the general health of the inhabitants thereof.
Prohibit sale Twenty-fifst. — To supprcss and prohibit the retailing or
of liquor. ' Selling, bartering, exchanging and trafiic of any wine, rum,
gin, brandy, whisky, or other intoxicating liquors, within
the limits of said town : Provided., that they may allow
hona fide druggists to sell the same in good faith, for purely
medicinal, mechanical or sacramental purposes.
Indebtedness. Twentysecond. — To provide for and to appropriate, for
the payment of any debt or the expenses of the town, and
to fix the compensation of town officers.
To pass all or- Twentv -third. — To make all ordinances which shall be
necessary and proper for carrying into execution the pro-
visions specified in this act or which they may deem expe-
dient for the better regulation of the internal police of said
town, and to execute the same, and to impose fines, forfeit-
ures and penalties for the breach of any ordinance or any
of the provisions of this act, and to provide for the recov-
ery and appropriation of such fines and forfeitures and the
enforcement of such penalties : Provided^ that in no case,
except in assaults, assaults and batteries, riots or affrays.
uiuances.
TOWNS — INCOKPOEATED. • 829
shall any such fiue or penalty exceed the sum of twenty-
five dollars for any one offense.
§ 6. It shall be the duty of the president and trustees street commiB-
of said town to appoint a street commiBsioner, board of ^'/'^eaith^^''^'^'^
health and all other officers that may be necessary, and to
prescribe their duties, and may require bond from the seve-
ral officers for the faithful discharge of their duties.
§ 7. The constable elected in pursuance of this act, jurisdiction of
when duly sworn and qualified, shall execute, anywhere in '^o"^'^*''®-
the county of Pike, any writ, process and precept which
may be issued against person or persons for the violation
of any ordinance of said corporation, and to arrest, on view,
any and all persons who may violate the same, and to take
them before any justice of the peace in said town : Fro-
vided, that any other constable may execute any process
issued by any justice of the peace by virtue of this act.
§ 8. The president and trustees shall require their Record^ o
clerk, and it shall be his duty, to keep a full and faithful p'"°'^*^'^' '°^^"
record of all their proceedings, by-laws and ordinances, in
a book to be provided for that purpose, and such book, pur-
porting to bo the record of the town of Kinderhook, shall
be received in all courts, without further proof, as evidence
of all such matter therein contained ; and all ordinances,
before taking effect, shall be published at least ten days in '
a newspaper published in said town or by posting up copies
of the same in three of the most public places in said town.
§ 9. Any fine, penalty or forfeiture incurred under this , Fines ami for-
act, or any by-laws or ordinances made in pursuance ol this renovered.
act, or of any act that may be passed amendatory of this act,
may be recovered, together with costs, before any justice
of the peace, in the incorporate name ; and the several
fines, forfeitures or penalties for breach of the eame ordi-
nances or by-laws, not exceeding one hundred dollars, may
be recovered in one suit; and the process shall be a sum-
mons, unless oath or affirmation be made for a warrant by
some credible person ; but in all cases of assault, assault
and battery, affray or riot, a warrant shall be issued for
the arrest of the offender or offenders, in the same manner
as for like offenses against the laws of the state. It shall
be lawful to declare, generally, for debt, for such fines,
penalties or forfeitures, stating the clause of this act or the
ordinance or by-law under which the same is claimed, and
to give the special matter in evidence, under the declara-
tion ; and the justice shall proceed to hear and deter-
mine the case as in other cases. Upon the rendition of
judgment for any such fines, penalties or forfeitures, the
justice shall issue his execution for the same and costs of
suit, which may be levied upon any personal propert}' of
the defendant or defendants, not exempt from execution.
If the constable shall return upon such execution " no pro-
perty fund," then the justice of the peace shall issue a ca-
830 . TOWNS — INOOEPOKATED.
pias against the body of the defendant or defendants, and
the constable shall arrest such person or persons and com-
mit 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
fine, and so in proportion to the amount of the judgment
and cost : Provided, however, if the said president and
trustees, or their attorney, shall require a transcript of the
judgment and costs to be certified to the clerk of the cir-
cuit court of the proper county, to have the same levied
upon real estate and signify the same in writing, to him,
he shall not issue a capias aforesaid, but shall, without
delay, certify a transcript thereof, according to law, to such
clerk, wliich shall be filed and recorded as in other cases,
and such judgment shall have the same force and efiect as
judgment rendered in the circuit court: Provided, an ap-
peal may be granted within five days after the rendition of
judgment with the same force and efiect, rights and privi-
leges to all parties as in other cases.
Fees of the § 10. The justico of the peace and constable who may
itabi?/"^ ^°"" render service under this act shall be entitled to the same
fees and collect them in the same manner as is or may here-
« after be provided by law in other cases.
Not to give se- § 11. The president and trustees shall not be required,
cunty for cost, in g^itg instituted under this act or ordinances passed by
virtue thereof, to file, before the commencement of any
such suit, security for costs.
Fines aud pen- § 12. All fiucs, forfeitures and penalties received or
treasm-e^-^'*^ '^^ coilccted for the breach of any ordinance of this act shall
be paid into the treasury of said corporation by the ofiicer
or person receiving or collecting the same.
Exempt from § 13. The inhabitants of Said towu are hereby exempted
road labor.] fj-Qm "working ou any roads beyond the limits of the corpo-
ration and from paying any tax upon property within its
limits to procure laborers to work upon any such roads.
Proof of act. § 14. This act is hereby declared to be a public act,
and may be read in all courts of law or equity within this
state, without proof.
-Es officio pow- §15. The constable elected or appointed in pursuance
era of constable. ^^ ^j^j^ ^^j. g.^^|| ^^^ ^-^ officlo, collcctor of any and all taxes
levied in pursuance of any order issued by the president
and trustees.
§ 16. This act to take efiect from and after its passage.
Approved March 29, 1869.
TOWNS — INCORPOBATBD. 831
AN ACT to iucornorate tlio town o( Lanarx. In force Ma ch
' 25, 1869.
Section 1. Be it enacted by the Feople of the State of
Illinois, represented in the General Assemblfj, That the
inhabitants of the town of Lanark, in the county of Car-
roll, and state of Illinois, are hereby constituted a body
jiolitic and corporate, by the name and style of "The Name and style.
President and Trustees of the Town of Lanark ;" and, by
that name and style, shall have perpetual succession, and
may have the use of a common seal, which they may
change or alter at pleasure, and in whom the government
of the corporation shall be vested, and by whom its affairs
shall be managed.
§ 2. The inhabitants of said town, by the name and corporate pow-
style aforesaid, may sue and be sued, implead and be im-
pleaded, defend and be defended, in all courts of law and
in all actions whatever; and purchase, receive and hold
property, real and personal, within or beyond the limits of
said town, for burial grounds and for other public purposes,
for the use of the inhabitants of said town, and may sell,
lease and dispose of propery, real and personal for the
benefit of said town, and inprove and protect such prop-
erty, and do all things in relation thereto as natural persons,
§ 3. That the boundaries of said corporation shall Boimdaries.
include the lands described by and within the following
boundaries, being in the county of Carroll, and state of
Illinois, to wit: The several additions, as herein described,
made to the original plat of said town by John ISTyeum
and Richard Irvin and surveyed by Elijah Funk, county
surveyor, as follows : Frank Smith's addition, Eichard
Irvin's addition, and David B. Long's addition to the town
of Lanark, including the street separating Richard Irvin's
addition, above named, from David B. Long's addition,
above named ; also, the following described tract of land,
be and is hereby declared to be henceforth included within
said incorporation, to wit: Beginning at the southeast
corner of David B. Long's addition to the town of Lanark ;
thence due south seventeen, and one third (ITi) rods;
thence due west ninety (90) rods, to a point on the public
road running south from Broad street, in said town ; thence
due north seventeen and one third (17 -J) rods to the south-
west corner of Richard Irvin's addition to the said town;
thence due east ninety (90) rods, to the place of beginning;
and further, that the following tract of land be and is
hereby decUired to be apart of and included within the
corporation of said town, to wit: Beginning at the north-
east corner of David B, Long's addition to the town of
Lanark ; thence due north to the tract of the Western
Union Railroad Company : thence west to the north-west
corner of block number one, of Richard Irvin's addition to
832 TOWNS — INCOKPOEATED.
the said town ; thence due south to the south-east corner
of block number one, of Kichard Irvin's addition aforesaid ;
thence east thirty-three feet ; thence south, again, to the
north-west corner of David B. Long's addition, aforesaid;
thence due east to place of beginning — the said boundaries
including a part of the noth-west and a part of the north-
east and a part of the south-east and a part of the south-west
quarters of section number live (5), of township number
twenty-four (24), range six (6) east of the fourth (4) prin-
cipal meridian.
Addiiionci ter- § 4, And 1)6 it further enacted, that the trustees of
"°'^^' said corporation of Lanark have power to add to the said
corporation, from time to time, such portions of territory
which may by them be considered to be to the interest of
said corporation, not to exceed one mile square, as is pre-
scribed at present by the statutes of the state of Illinois.
The present president and trustees of said town, as at pre-
sent incorporated under the general act of incorporation,
are hereby appointed trustees of said town, and shall hold
their office until the first Tuesday in September next and
until their successors are elected and qualified ; and on the
Election of first TuGsday iu September of every year thereafter, an
trustees. election shall be held for five (5) trustees of said town, who
shall hold their office for one year and until their succes-
sors are elected and qualified ; and ten days' public notice
of the time and place of holding any election for trustees
shall be given by their clerk, by advertising in any weekly
paper published in said town or by posting up notices in
Quaiificatiou of ihroo of the most public places in said town. JSfo person
officeholders. ^^^^^ ^^ elected a trustee of said town who shall not be
qualified to vote for state and county officers and who shall
uot be and have been for six (6) months previous to euch
election a resident within the corporate limits of said town;
nor shall any person, unless he is entitled to vote for state
and county officers and be and have been an actual resi-
dent of said town for six:_y (60) days next preceding an
election, be entitled to vote for trustees or other town offi-
cers within the corporate limits thereof.
Election of § 5. There shall elected, at the first regular election,
offl?e°rs'!"°" corporation officers, and every four years thereafter, a cor-
poration justice of the peace, who shall hold his office in
said corporation, and shall have all power and jurisdiction
of other justices of the peace, who shall give bond, be com-
missioned and qualified in the samemanner as other justices.
At the election of which said justice is to be chosen, the
officers of election, as judges and clerks, shall make out and
forward to the county clerk of Carroll county returns of the
same, exactly as in the election of the other justices of the
peace. Said justices shall have exclusive jurisdiction over
all suits growing out of a violation of any of the ordi-
nances of the corporation, except in case of his absence or
TOWNS — INCORPOEATED. / 833
4
inability to serve, when the n«xt nearest justice in the
county shall have power to act.
§ H. Appeals and changes of venue may be taken and Appeals, how
writs of certiorari allowed from the decisions of the justices '^'^^'^•
of the peace in matters growing out of a violation of any
ordinance of the corporation the same as in other cases be-
fore justices of the peace. Any failure to hold the JSrst
election under this act, at the specified time, shall not work a
forfeiture thereof, but the said election may be held at any
day thereafter, by giving proper notice within thirty days.
§ 7. That the trustees shall elect one of their number Qnaimcations
president, and shall be judges of the election, qualihcations °' °^'^'"''^'^*"
and returns of their own members, a majority of whom
shall constitute a quorum to do business, but a smaller num-
ber may adjourn from day to day and compel the atten-
dance of absent members, in such manner and under snch
penalties as they may provide, and punish their members
for disorderly conduct, and, by a vote of three-fifths of
the whole number elected, expel a member, and make such
other rules and regulations for their government as to them
may seem proper and expedient, and shall have power to
fill any vacancy in the board of trustees, occasioned by
death, resignation, removal', or continued absence from
town for three mimths or otherwise.
§ 8. The board of trustees of said town shall have General health.
power to make regulations to secure the general health of
the inhabitan's; to declare what shall be a nuisance, and
prevent and remove the same ; to provide the town with weiis, cisterns,
water ; to dig wells, ei-ect hydrants and pumps in the streets ^^^'
for the convenience of the public; to 0]>en, alter, extend. Alteration of
establish, grade, plank, pave, and in any other way or man- ®*'^^'^^-
ner improve and keep in repair all streets, avenues, lanes and
alleys, sidewalks, crosswalks, drains and sewers ; to estab-
lish, erect and keep in repair bridges; to provide for the . Needful buiid-
erection of all needful buildings for the use of the town ; to ^^"^'
provide for inclosing, improving and regulating all public
places within or belonging to the corporation, planting
trees in the streets and public squares, for ornament or
shade, and the protection of the same ; to restrain and pro- Fast driving,
hibit horse-racing, shooting, indecent exposure of horses
or persons, houses of illfiime, gaming houses and other dis-
orderly houses, and intoxication, and to 8U]>press the same;
to provide for taxing, licensing and regulating theatrical or
other shows or amusements, for the admission to which
money or anything is charged ; to regulate and license ATT-iioupeis,
peddlers and auctioneers ; the exclusive power to r.egulate, ^^ "=">*= '^•
prohibit or license the selling of spirituous, vinonp or malt
liquors, of any kind, as a beverage, within the hmits of the
corp ) ration,
§ 9. To restrain and prohibit the runnins: at larjre of, Rnnning at
any horses, mules, cattle, .sheep, swme, goats or dorrs, with- and cattle.
Vol. Ill— 105
834 TOWNS — INCOKPOEATED.
in said corporate limits ; to erect market houses ; to estab-
lish markets and market places ; and provide for the use,
Porters, hact- government and regulations thereof; to iix the rates to be
men, e c. charged for carriage of persons and property within the limits
of the incorporation, by carriages, wagons, sleighs or drays ;
to provide tor the preservation from and extinguishment of
fires ; to establish and regulate the fire department ; to
regulate the storage of gunpowder and other combustible
material; to regulate the sale of game; to regulate the
speed at which raiiroad locomotives and cars shall be driven
or horses rode or driven through or within the hmits of
Re'^uiate the ^^^^ incorporation; to establish and regulate the police of
poUceoftowa. the towu ; to regulate the election of the officers of the in-
corporation, and to provide for their compensation ; to pro-
vide for the inspection and weighing of hay and coal,
the measurement of charcoal, fire-wood and o'her fuel, to
Power to pass be sold or used within the incorporation ; to make all such
or inances. ordinances, from time to time, and alter, amend or repeal
the same, as shall be necessary to carry into effect and exe-
cution the powers specified in this act, so that the same be
not inconsistent herewith nor witli the constitution of this
Fines and pen- State or of the United States ; to impose fines, forfeitures
*"^^^' and penalties upon any officer of the incorporation, and to
provide for the recovery and appropriation of any such fine,
penalty or forfeiture ; to provide for the infliction of fines
or penalties upon any otiicer of the incorporation ne2;lect-
ing or refusing to perform any duty or act required of such
Census. officers in this act to be done ; to cause, from time to time,
a census of the inhabitants of said town to be taken ; to
appoint an attorney for the said incorporation, and fix the
amount of his fees and compensation.
Public pound. § 10. To establish and maintain a public pound and ap-
point a poundmaster and prescribe his duties; to restrain
and prohibit all descriptions of gambling and fraudulent
devices, and to suppress or prohibit or license and control
billiard tables, ball-alleys and other like establishments.
Appointmentof § 11. The president and trustees shall have power to
appoint a town or corporation constable for said town,
whose duty it shall be, when so appointed and sworn into
office, to execute anywhere in Carroll county any writ,
process or precept which may be issued against any person
or persons for the violation of any ordinance of said cor-
poration, and to arrest on view or otherwise, any person or
persons who may violate the game and to take them before
any justice of the peaee of said town, and to collect any
tine, forfeiture or penalty which may be assessed or recov-
ered, for the use of said town ; also, to appoint a clerk,
treasurer, street commissioner, board of health, and all
other officers that may be necessary, and to prescribe their
duties, and shall require bonds, from the several officers for
the faithful discharge of their duties.
TOWNS — INOORPOBATKD. 835
§ 12. The trustees, in the absence of the corporation Appoint special
constable, may appoint a special constable or constables, *=°'^^'*'^'^
whose duties for the time being sh-dl be the samo as herein
specilied for corporation constable. The street commis-
sioner, under the direction of the trustees, shall have the
immediate supervision of the streets and the superintendence
of street labor. The president and trustees shall have
power to make all necessary ordinances, — to compel the re-
moval of all obstructions in any streets, alleys, sidewalks
or public places within the corporate limits. The board of compensation
trustees, together with the president, shall receive a com- °^°*^°®"-
pensation of one dollar each fjreach regular meeting which
they attend. The treasurer, clerk, and street commissioner
shall receive for their services, respectively, such compen-
sation as the trustees may direct or allow.
§ 13. Tiie president and trustees shall require their Record of pro-
clork, and it shall be his duty, to make and keep a full and ^^^ ^^^^'
faithtul record of all their proceedings, by laws and ordi-
nances, and of the time, place and manner of the publica-
tion of such ordinances and by-laws, in a book to be pro-
vided for that purpose ; and such book, purporting to be a
record of the corporation of the town of Lanark, shall be
received. in all courts, without further proof, as evidence of
all matters therein contained. And ail ordinances, before
taking etfecr, shall be published at least ten days in a news-
paper published in said town or by posting up copies of the
same in three public places in said town. The president aud Meetiags.
trustees shall hold twelve regular monthly meetings in each
year, and, at the request of the president or a majority of
the trustees, may call special meetings whenever by them
deemed necessary, and may publish the proceedings of each
meeting m a newspaper printed in said town. They shall, i^ut °*^^"' ^^'®"
also, at the close of each tiscal year, publish a full state-
ment of receipts aud disbursements, stating separately each
sum paid out, to whom paid and for what purposes, also for
receipts into the treasury, except the general tax ; they shall
state the items separately, from whom received, for what
purpose, and the amount.
<> 14. Any tine, penalty or forfeiture incurred under •Tnrisaiotion of
.1 . . 11 )• J • /.justice of peace
this act or any by-laws or ordinance made in pursuance oi
this act, may be recovered, together with costs, before any
justice of the peace, in the corporate name, not exceeding
seveuty-five dollars ; and the tirst process shall be a sum-
mons, uidc'tis oath or affirmation be made for a warrant by '
some credible person. It shall be lawful to declare, gene-
rally, for debt, fur lines, for such fines, penalties or forfeit-
ures, stating the clause of this act or the ordinance or by-
laws under which the same are claimed, and to give the
special matter in evidence under the declaration ; and the
justice shall proceed to hear and determine the case as in
other cases. Upon the rendition of judgment for any such
836 TOWNS — INCORPORATED.
fines, penalties or forfeitures, the justice shall issue his exe'
cution for the same and costs of suits, which may be levied
upon any personal property of the defendant or defendants,
Duties of the not exempt from execution ; and if no property be found,
coustabiG. ^^Q constable shall, by virtue of said process, arrest such
person or persons and commit him or them to the jail of
said county to remain forty-eight hours ; and if the judg-
ment and costs exceed live 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, unless otherwise
discharged by law: Provided, that whenever the said town
shall have finished a suitable prison for securing offenders
the town prison may be substituted for the county jail:
Provided, further, an appeal may be granted within five
days alter the rendition of judgment with the same force
and effect, rights and privileges to all parties, as in other
cases.
Pee^ of the § 15. The justicc of the peace and constable who may
constable. render service under this act shall be entitled to the same
fees and collect -them in the same manner as is or herein-
after may be provided by law iu other cases.
Not to file sc- § IH, The president and trustees shall not be required,
cunty for costs. -^^ ^^j^^ instituted uudcr this act or ordina,nces passed by
virtue thereof, to tile any security for costs, except in cases
of appeal by them taken.
Fines paid \o | 17. All fiucs, forfeitures and penalties received or
towu treasurer ^Qiigg^g^^ f^j. ^\^q breach of any ordinance [or] of this act,
shall be paid into the treasury of said corporation by the
officer or person receiving or collecting the same.
Sale of liquors. § 18. The board of trustees may grant license to sell
spirituous or other liquors or withold the same, in their dis-
cretion, upon the following conditions : Pirst — The appli-
cant shall pay into the tieabUjy uf the corporation, for the
privilege granted, a sum not exceeding three hundred dol-
lars nor less than twenty-five, in the discretion of the board
of trustees. Second — The applicant shall execute a bond,
in the penal sum of one thousand dollars, with one or more
securities, to be approved by said board, conditioned that
the applicant will in all respects keep an orderly house and
will not permit unlawful gaming or an}^ uncivil conduct.
§ ly. But no license for any purpose shall be granted
to extend beyond the period when the successors to the
board granting the same shall be elected and qualified.
Penalty for § 20. Every person or Corporation, not having a liccnse
to do so from said board of trustees, who shall sell, barter
or dispose of any s^^'rituous, vinous, mixed or malt liquors
in said town, (except those jiersons licensed as druggists with
their instructions as pr(>8('ri!)ed by ordinance, shall be sub-
ject to a tine of not exceeding seventy-five (75) dollars or
an imprisonment not exceeding twenty days for each offense,
Tiolations.
T0WN6 — IX^COKPOKATED. 837
at the discretion of the justice of the peace before whom
the case may be heard.
§ 21. No line or forfeiture for a violation of any ordi- Pioesandpen-
nanco or by-law of said incorporation, made under the pro- ^^''®'' limited,
visions of this act, shall in any one case exceed seventy -five
dollars.
§ 22. The board of trustees of the said town of Lanark Levy and coi-
shal] have power, annually, to lev}' a tax upon all the tax- 'et^'i^n of ta^ies.
able property in said town, for town purposes, of an amount
not exceeding one per cent., which sshall be returned to tlie
board of pupervieors of said county of Carroll and by them
levied and entered upon the collector's book of the township
of Rock Creek, (within the limits whereof said town of
Lanark is situated) to be by him collected and paid to the
treasurer of the said town of Lanark, said tax to be levied
upon the assessment roll returned by the assessor of said
township of JRock Creek for the year in which the said tax
is levied.
§ 23. That for the purpose of altering, opening, extend- Manner of re-
ing, establishing, grading, planking, paving and in any fomkig'^"*road
other way or manner improving and keeping in repair ^^''""^
streets, avenues, lanes and alleys, sidewalks, crosswalks,
bridges, drains and sewers, the said board of trustees are
authorized to require every able-bodied male resident with-
in the corporate limits, who is not under twenty-one years
of ago and not over tit'ty-tive, to labor ()n said streets or
public roads, not less than one nor more than two days in
each and every year, as poll tax ; and any person failing^ Penalties for
to perform said labor, either by himself or an able substi- ''^^^^'^'^ °^ '^'^'^"
tute, when duly notified by the street commissioner, shall
forfeit and pay the sum ot two dollars per day for each day
80 neglected or refused, or they may commute for the same
by paying to the trustees, through the street commissioner,
the sum of one dollar and fifty cents for each day assessed.
The said trustees may also assess a road tax upon all the
taxable property within the corporation limits, in the same
manner and to the same extent as is now done l)y the com-
missioners of highways ; and for the collection of road taxes,
commutation money and penalties, the trustees are au- May adopt
thorized to adopt the same measures as are provided by '^^shway law.
law for the commissioners of highways, so far as the same
may be applicable to this act, and to make such ordinances
as shall be necessary for the collection of the aforesaid tax,
such ordinances being con&istent with this act and the laws
and the constitution of this state; they may, also, on peti-
tion, grant the right of way on or ovtr any of the public
streets or ground of the incorporation to any railroad com-
pany asking to locate or budd a load through thu corporate
limits, and make all uf,edtul arrangements with such compa-
nies for the location of depots or stations. Said trustees
838 TOWNS — mCOKPOBATBD.
m ly also order the construction of sidewalks upon any
streets or part of street wifchm the limits of the corporation.
saits in corpo- ^ 2-i. All actions for the bi'each of any ordinance of
raeuame. ^^jj town or of the provisions of the charter thereof shall
be in the name of the president and trustees of the town of
Lanark. The process shall be by complaint of any person
or persons before any justice of the peace hereinbefore
named, which justice shall thereupon issue his warrant to
Power to arrest bring the offender or offenders before him : Provided, that
process.^^'^"'^* in casc such violation siiall be made under the sii>ht of the
town or Corporation constable, that the offender or offenders
may be arrested by him, on view, without complaint of any
person or persons, as above prescribed ; and after hearing
the evidence, if it shall appear that the person or persons
arrested are guilty of the offense charged, the said justice
shall line or impose imprisonment upon such offender, in
his discretion, subject to the provision of tiiis act.
Ordinances to § 25. All Ordinances, bv-laws, and resolutions passed by
romnm in full ,, " • ^ ^ , . .■ ^i ^ /• x i -
force.; the president and trustees or the town of Lanark, as in-
corporated under the general laws and which are now in
force and not inconsistent herewith, shall remain in lorce
until the same shall be repealed by the president and trus-
tees of the corporation created by this act.
Actions vested § 26. All actions, rights, fines, penalties and forfeit-
m corporation, jjj-^g^ j^ j^,^^it qj^ Otherwise, which have accrued or have been
commenced by the president and trustees of said town, in-
corporated under the general law, shall he vested in and
preserved to the corporation hereby created.
All property § 27. All property, real or personal, or any estate or
ration! ^^ *^'^'^^°' i^^^'^'^'^^ therein, hold or belonging to the president and
trustees of the said town of Lanark, as incorporated under
the general law, for the use of the inhabitants thereof, shall
be and xhe same are hereby declared to be vested in the
corporation hereby created.
Former acta § 28. This charter shall not invalidate any act done by
valid. i^j^g president and trustees of the town of Lanark, as at
present incorporated ; and all taxes assessed in favor of said
corporation and which have not yet been paid into the
treasury thereof shall, when collected, be paid into the
treasury of/ the cor(»oration hereb}- created.
Power to pass § 29. The board ot trustees may make all necessary or-
ordinances. diuauces, not inconsistent with this att find the constitution
of this state, to carry into operation all the provisions of
this act.
Actrepeaied. § 30. And he it further enacted, that " An act to incor-
porate the town of Lanark," (and for which this act is a
substitute) approved February 28, 1867, be and the same is
hereby repealed.
Evidence of act. § 31. This act is hereby declared to be a public act, and
may be read in evidence in all courts of law or equity with-
in the state, without proof
TOWNS — INCORPOEATED. 839
§ 32. This act to take effect and be in force from and
after the date of its pasi^age.
Approved March 26, 186d.
AN ACT act to incorporate the town of La Prairie, la the county of In force April
Adams, and state of Illinois. 1^' ^S^^-
ARTICLE I.
Section 1. Be it enacted by the People of the State of
Illinois^ represented in the General Assembly^ That the
iniiabitants and residents of tlie town of La Prairie, in
tlie county of Adams, and state of Illinois, are hereby con-
stituted and declared a body corporate and politic, by the
name and style of "The Town of La Prairie ;" and, by Name and style.
that name, shall have per,oetual succession ; and may have
and use a',common seal, which they may alter at pleasure ;
have power to sue and be sued, plead and be impleaded,
in all courts and places where justice is adminif^tered, in
all actions whatever; to purchase, receive and hold proper-
ty, both real and personal, within and beyond the limits of
said town, for burial grounds and other corporate purposes;
to sell, lease and convey j)roperty, real and personal, for
the use of said town ; to protect and improve any such
property, as the public good may require.
§ 2. The boundaries of said town shall be as follows, BonBdaries of
viz : Beginning at the northeast corner of the southeast *^^ '""'"■
quarter (jf) of section seventeen (17), in township two north
of the base line, and range live (5) west of the fourth prin-
cipal meridian ; thence due west to the northwest corner of
the southwest quarter of said section seventeen (17); theuce
south to the southwest corner of the southwest quarter (^) *
of section twenty (20) ; theiice east to the southeast corner
of the southeast quarter (J) of said section twenty (20);
thence north to the place of beginning: Provided^ never-
thelesSy the president and trustees of said town may, at any
time, by ordinance, extend the boundaries of said corpora-
tion on the north ot'said town, not exceeding one half mile ;
on the south, not exceeding one half mile ; and 0!i the west,
not exceeding one half mile.
ARTICLE II.
Section 1. The government of said town shall be vested Government
in live trustees, to be elect-ed annually by the qualified mis'fe^es!" ''"^'^'^
voters of said town. And no person shall be a triistee of
said town who htns not arrived at the age of twenty-one
years, and who has not resided in said town one year next
8 4:0 TOWNS — INCORPORATED.
preceding an election, and is not a citizen of the United
States. And the said trustees shall, at their first meeting;,
proceed to elect one of their number president, and shall
have power to fill all vacancies in said board, which may
be occasioned by death, resignation or removal : Pi-ovided,
the vacancy shall not exceed three months.
Qnaiiflcation g 2. The board of trustees shall determine the qualifi-
^^^ ' cations of its own members and all cases of returns and
elections of their own body. A majority shall constitute a
quorum, but a smaller number may adjourn from time to
time, and compel the attendance of absent members, under
such penalties as may be prescribed by ordinance ; shall
have power to determine the rules of their own proceed-
ings, punish a member for disorderly conduct, and, with
a concurrence of three-fifths, expel a member.
Oath of office. § 3. Each of the trustccs stiall, before entering upon
the duties of his ofiice, take an oath to perform the duties
of his ofiice to the best of his knowledge and ability, to
support the constitution of the United States and of this
state. And there shall be at least one regular meeting of
said trustees in each month, at such time and place as may
be prescribed by ordinance.
ARTICLE III.
Election of po- SECTION 1. There shall be elected in the town of La
andcMisSbief* Prairie, by the qualified voters thereof, on the first Monday
of March, 1869, and on the first Monday of March every
two years forever thereafter, a police magistrate and a town
constable, who shall hold their respective offices for two
years and until their successors shall be elected and qual-
ified.
Eligibility of I 2. No person shall be eligible to the office of police
tratef ™'*^ ^" magistrate or to the office of town constable who shall not
have been a resident of the town two years next preceding
his election, or who shall not be a citizen of the United
States.
Commission of ^ 3 'J'Jjq police magistrate shall be commissioned bv
police magis- o r >^ ,. th- • • • r» i "
triatos. the governor oi the state oi Illinois as a justice ot the
peace, and as such shall give bond and take and subscribe
the same oath ot" office as other justices of the peace, and
as such shall be a conservator of the peace for said town,
and shall have power and authority to administer oaths,
issue writs to take depositions and acknoM'ledgments of
deeds, mortgages and other instruments of writing and
certify the same as other justices of the peace, and he sliall
have exclusive and original jurisdiction of all cases arising
under the ordinances of the corporation and concurrent
jurisdiction, power and authority arising in all cases what- <
soever with other justices of the peace under the laws of
this state, and shall be entitled to the same fees for his ser-
TOWNS — INOOEPORATBD. 841
vices as other justices of the peace in similar cases : Provi-
ded^ that upon tlie necespary oath being made by the de-
fendant, as required by law governing justices of the
peace, a change of venue shall be granted, in all cases,
from tiie police magistrate of the town to the nearest jus-
tice of the peace, who is hereby invested in such cases with
all the autiiority of the police magistrate, and he shall
proceed to try the same : 'Provided^ also, that in the event
of absence, sickness, death or resignation of the police
magistrate, the next nearest justice of the peace of Adams
county be invested with all the powers conferred upon the
police magistrate by the provisions of this act.
§ 4. The town constable shall have the same power and Jumdiction of
authority, rights, privileges and qualifications; shall have ''°°*'^'''^'*
the same jurisdiction and be entitled to the same fees and
he liable to the same penalties as constables now are or
may hereafter be under the laws of this state, and shall bo
placed under such bond, conditioned for the faithful per-
formance of tiie duties of his office as may be prescribed by
ordinance of the corporation hereby created.
§ 5. In case the police magistrate shall at any time be , Police magis-
gnilty of palpable omission of duty or shall willfully or cor- '"penalty for
ruptly be guilty of corruption, of oppression, raalconduct or neglect of duty,
partiality^ in the discharge of the duties of his office, he
shall be liable to be indict'ed in the circuit court of Adams
county, and, on conviction, shall be fined in any sum not
exceeding two hundred dollars and removal from office.
ARTICLE IV.
Section 1. On the first Monday of March, 1869, an Election of
election shall be held in said town of La Prairie, for five °*"'^''-
trustees, a police magistrate and town constable ; and on
the first Monday of March of each year, forever thereafter,
an election shall be held for the election of said trustees,
who shall hold their offices for one year and until their sue
ccssors are elected and qualified ; and forever thereafter, on
the first Monday of March, every two years, an election
shall be held for the election of a police magistrate and
town constable, who shall hold their offices for two years
and until their successors are elected and qualified ; which
first election shall commence at ten o'clock, A. M., and
close at four o'clock, P. M. of said day; and, for the pur-
pose of said first election, J. J. Graham, J. M. A. Drake,
R. 11. Bacon, John M. Rodman and C. J. Tenhaefl^*, are
hereby constituted corporate trustees for said town.
§ 2. It shall be the duty of the trustees hereby consti- First sioation.
tilted, or any two of them, to give at least ten days' notice
of the time and place of holding said first election, by post-
mg up notices in at least three of the most public places in
said town ; to be judges of aaid first election ; to appoint
Vol. 111—106
84:2 TOWNS — INCOEPOKATED.
their own clerks, receive and canvass the votes, declare the
result, farnish to each one of the persons elected a certifi-
cate of election, certify the votes for police magistrate and
town constable to the county clerk of the county court of
Adams county, and lay the poll books of such election be-
fore the board at its first meeting. All subsequent elections
shall be held and conducted and returns made as may be
prescribed by ordinance.
Failure to hold § 3. A failure to hold said first election on the first
to^ work 'a" for- Mouday of March, 1869, shall not work a forfeiture of this
leiture. charter, but said first election may be held on any day af-
ter the first Monday in March, in the year, 1869, by giving
ten days' notice and conducting the same, as prescribed in
section two of article four of this charter.
Tis vote, how § 4. If two or more persons shall receive an equal
determmed. nunaber of votes for police magistrate or town constable the
board shall proceed to determine the same, by lot ; and
when there shall be a tie in the election of members of the
board of trustees the judges of election shall certify the
same to the police magistrate, who shall determine the
same, by lot, in such manner as may be prescribed by or-
dinance; and all contested elections shall be determined as
prescribed by ordinance.
Qualifications § 5. All persous who are entitled to vote for state ofii-
cers under the laws of this state and have resided in said
town three months preceding an election, shall be entitled
to vote for all officers to be elected under the provisions of
this act.
ARTICLE V.
Levy and eoi- SECTION 1. The board of trustees shall havc powcr and
leet tax. authority to levy and collect taxes upon all property, real
and personal, within the limits of the town, not exceeding-
one half per centum upon the assessed value thereof, and
may enforce tlie payment of the same, in any manner to be
prescribed by ordinance, not repugnant to the constitution
of the United States or of this state; and the board of
trustees is hereby authorized and empowered to provide
for the sale of personal property for the taxes due thereon,
also for the sale of real estate for the taxes due thereon,
in such manner as may be prescribed by ordinance : Fro-
vided^ said ordinances are not inconsistent with the consti- 1
tution of the United States or of this state. '
nfflpm-"^'^^'^' § 2. The board of trustees shall have power to appoint;
a clerk, treasurer, assessor, commmissioner of streets,
pound master, town weigher, and all the other ofiicers, as
may be necessary, and prescribe their duties, and to re-
quire of all officers appointed in pursuance of this charter,
bonds, with such penalties and securities for the faithful
performance of their duties as may be deemed expedient;
also, to require all officers appointed as aforesaid to take an
«>f offlcerB.
TOWNS — INCORPORATED. S43
oath for the faithful performance of the duties of their res-
pective offices, before entering upon the discharge of the
same.
§ 3. To appropriate money and provide for the pay- Appropriation
meut of the expenses of the corporation. for expenses.
§ 4r. To maiie regulations to secure the general health General health,
of the inhabitants of said town ; to prevent the introduc-
tion of contagious diseases into the town ; to make quaran-
tine laws for that purpose and enforce the same within two
miles from said town.
§ 5, To provide the town with water ; to sink and keep weiis, cisterns,
in repair wells and pumps in the streets, fur the conven-
ience of the inhabitants,
§ 6. To open, alter, extend, grade, open or otherwise Power to im-
• J I • • J. i^ J 1 1 J prove streets.
improve and keep in repair streets and alleys and remove
obstructions therefrom, and to construct and keep in re-
pair bridges.
§ 7. To license, tax and regulate auctioneers, hawkers, peddiers!e°c"^'
teamsters, brokers, draymen, peddlers, pawnbrokers and
money changers.
§ 8. To license, tax and regulate theatrical and other Exhibitions,
exhibitions, shows and amusements.
§ 9. To provide for the inspection and weighing of hay inspection of
and stone coal, the measuring of charcoal, firewood and °"g«'^°^f"®i-
other fuel, to be sold or used in the town.
§ 10. To prohibit the Eelling, exchanging and traffic of Liquors.
any wine, rum, gin, brandy, whisky, ale, beer, porter,
cider or other intoxicating liquors within the limits of said
town : Provided^ that they may provide for the sale of
the same for purely medicinal, mechanical or sacramental
purposes, and suppress tippling houses, dram shops, gam-
bling houses : I'rovided^ the trustees shall have power to
license and regulate the sale of spirituous liquors, in case a
majority of the legal voters of said town shall, at any regu-
lar election for town officers, vote in favor of the same :
And provided, that no license, for any purpose, shall be
granted to extend beyond the period when the successors
to the board granting the same shall be elected and quali-
fied.
§ 11. To provide for the extinguishment^ and pre ven- Extinguishment
tiou of fires ; to organize and regulate fire companies.
§ 12. To regulate the fixing of chimneys and the fines chimneys and
thereof. ^''^'•
§ 13. To regulate the storage of tar, pitch, rosin, gun- combustibles.
powder and other combustible materials.
§ 14. To prevent the running at large of dogs, and pro- Dogs at large,
vide for the destruction of the same when running at large
contrary to any ordinance.
§ 15. To restrain, regulate or prohibit the running at stock at large,
large of cattle, horses, mules, sheep, swine, goats and other
animals, and to authorize the destraining, impounding and
844
TOWNS — INOORPORATIBD.
Indeeencies.
Fast drlvinff.
Piifelie pound.
Nuisance.
Suppress dis-
orderly houses.
Gamin y; and
fraudulent de-
vices.
Disorderly con-
dnet.
Markets and
market houses.
May borrow
monoy.
^ Election of offi-
cers.
Enumeration
of inhabitants.
Fees of office.
sale of the eame, and to prohibit any indecent exhibitions
of horses and other animals.
§ 16. To regulate and prohibit any indecent exposure
of person.
I 17. To prevent horse-racing or any immoderate ri-
ding or driving within the limits of said town, of horses or
other animals ; to prohibit the abuse of animals ; to com-
pel persons to fasten their horses or other animals, attached
to vehicles or otherwise, while standing or remaining in any
street, alley, public square, vacant lot or public road in said
town.
§ 18. To establish and maintain a public pound and
appoint a pound master and prescribe his duties.
§ 19. To define and declare what shall be deemed
nuisances ; to punish the authors thereof; to authorize and
direct the summary abatement of nuisances and the remov-
al of the same two miles from the boundaries of the town,
§ 20. To suppress and prohibit disorderly houses and
groceries and houses of ill-fame.
§ 21. To restrain and prohibit all descriptions of gam-
bling and fraudulent abuses, and to suppress and prohibit
billiard tables, ball alleys and all other gambling estab-
lishments, and all lotteries and sale of lottery tickets.
§ 22. To prevent, suppress and prohibit any riot, af-
fray, disturbance of the peace by loud and unusual noises,
or any disorderly conduct, disorderly assemblages, assaults,
assaults and batteries, firing of squibs, firecrackers, torpe-
does, rockets, guns or any other combustible or explosive
substance or nre-arms within the limits of said town.
§ 23. To erect market houses ; to establish markets
and market places and provide for the regulation thereof;
and to prohibit the sale of diseased or tainted meats and
vegetables, and to provide for the punishment thereof by
ordinance.
§ 24. To borrow money on the credit of the town :
Provided, that no sum or sums of money shall be borrowed
at a greater interest than ten per cent, per annum, nor
shall the interest on the aggregate of all the sums borrowed
and outstanding ever exceed one-fourth of the town revenue
arising from taxes assessed on real property within the
limits or said corporation, and unless a majority of the le-
gal voters of said town shall vote for the same.
§ 25. To regulate the election of town ofiicers, and to
provide for the removal from ofiice any person holding
olhce created by ordinance.
§ 26. To provide for taking enumeration of the inhabi-
tants of the town.
§ 27. To fix the compensation of town ofiicers ; to regu-
late the fees of jurors, witnesses and others for services ren-
dered under this act orb}^ ordinance: Provided, :hat in no
case shall any member of the board of trustees receive any
TOAJTNS — INOORPOEATBD. 84:5
compensation for their services, but shall be exempt from
road labor or serving on juries.
§ 28. The board of trustees shall have power to erect in caiaboose.
the town of LaPrairie. a calaboose, for the confinement and
punishment of persons guilty of violation of the ordinances
of the corporation hereby created and for the purpose of
contining persons under arrest for the violation of ordi-
nances of the corporation when trial is delayed ; and it
shall be the duty of the president of the board to be active
and vigilant in enforcing the laws and ordinances of tlie
town ; he shall inspect the conduct of all subordinate offi-
cers of the town, and cause negligence and positive viola-
tions of duty to be prosecuted and punished ; and he is citizens to aid
hereby authorized to call on any male inhabitant of said lawsf °'*''°^ ^''*'
town, over the age of twenty- one years, to aid in enforcing
the laws and ordinances thereof; and any person who shall
not obey such call shall forfeit and pay to said town a fine,
not less than'^five nor exceeding fifty dollars.
§29. To require railroad companies to construct and Raiivoad tracks,
keep in repair suitable crossings at the intersections of
streets and alleys, when the board shall deem necessary ; and
to regulate the speed of locomotive engines within tlie
town limits.
§ 30. The board of trustees shall have power to make Enforcing or-
and enforce all ordinances necessary to preserve good order, ' "^^°<=''^' «'<=■
government and harmony in said town, and punish ofi^end-
ers, by fine or imprisonment in the town calaboose, or both,
or by work on the street in said town, at the rate of one
dollar per day, in all cases where such offender shall fail or
refuse to pay the fines and forfeiures which may be recov-
ered of them : Frovided, that such ordinances are not in-
consistent with the constitution of the United States or of
this state.
§ 31. All ordinances passed by the board of trustees Publication of
shall, within one month after they shall have been passed,
be published in some newspaper in the town of LaPrairie,
or in some other way, to be provided by ordinance, in case
no newspaper is published in said town, and shall not be
in force until they shall have been published, as aforesaid,
for the period of ten days.
§ 32. The style of the ordinances of the town shall be, ^^tyie of ordi-
" Be it ordained hy the President and Board of Trustees
of the toicn of LaPrairie.^''
% 33. All ordinance of the town may be proven by the Sofl^*^^ ^°**
seal of the corporation, and when printed or published in
book or pamphlet form, purporting to be printed or pub-
lished in book or pamphlet form by authority of the corpo-
ration, the same shall be received in evidence in all courts
and places without further proof.
change
ordinaEi
conformity to this act may be amended or repealed at any
34. All ordinances of the town passed and made in ordinaEces.
iags
840 TOWiSS — ENCORPOKATED.
regular meeting of the board : Provided, that said amend-
ment or notice of repeal shall have been duly presented,
in writing, at a regular meeting of the board, at least one
month previous to final action.
ARTICLE VI.
President to SECTION 1. The president shall preside at all meetings
vote, oaiy*°'^"^ of the board, and shall have the casting vote, and no other.
In any case of his non-attendance at any meeting of the
board, the board shall appoint one of their number chair-
man, who shall preside at that meeting.
Special meet- § 2. The president or any two members of the board
may call special meetings of the board.
ExiiiHtof ac- I 3. He shall have power, when he shall deem neces-
eounts. sary, to require of any officer of said town an exhibit of his
books and papers, and shall have power to do all other acts
required of him by any ordinance made in pursuance of
this act.
ARTICLE VII.
Private prop- SECTION 1. Whenever it shall be necessary to take pri-
^Tibiic*n^e° *^°' ^^^^^' pi'opGi'ty for Opening or altering any street or alley,
the corporation shall make just compensation to the
ov/ner or owners of such property, and pay or tender the
same, before opening or altering such street or alley ; and
in case the amount of such compensation cannot be agreed
upon, the police magistrate shall cause the same to be as-
certained by jury of six disinterested freeholders of said
tOV.'U.
Petitions for § 2. When all the owners of property on a street or al-
openmg streets, j^,^, proposed to be Opened or altered shall petition there-
for, the board of trustees shall provide for the opening or
altering of the same ; but no compensation shall be al-
lowed to such owners for their property so taken.
D.ntii9ges and § 3. All jurors Impauneled to inquire into the amount
beneiits. ^^- j^g,-jg£|-g qj. damages Wiiich shall happen to the owners
of property to be taken for the opening or altering any
street or alley shall first be sworn to that eflect, and shall
return to the police magistrate their inquest, in writing,
signed by each juror : Frovided, always, in the assessment
of such damages they, the jury, shall take into consideration
the beneiits as well as the injury happening to such pro-
perty, or to the owners thereof, by such opening or alter-
ing.
Special tax. g 4. The board ot trustees shall have power, by ordi-
nance, to levy and collect a special tax on the owners of lots,
for the purpose of improving the streets and alleys of said
town, said tax not exceeding one-half of one per cent, in any
one year.
TOWNS — INCORPORATED. 84'
ARTIOLf: VIII.
Section 1. The inhabitants of La Prairie aJ'G hereby ^^fisempt^ from
exempted from working on any road beyond the limits of sideiownumits.
the town and from paying any tax to procure laborers to
work on the same.
§ 2. The board of trustees shall have power, and it is inhabitants to
hereby made their duty, when it may be necessary for the
purpose of keeping in repair the streets and alleys of said
town, to require every able-bodied male inhabitant of said
town, over twenty-one years of age and under fifty, to
labor on said streets and alleys, not exceeding three days'
labor in one year ; and any person failing to perform such
labor, when duly notified by the commissioner of streets of
said town, shall forfeit and pay the sum of one dollar and
fifty cents to said town for each day so neglected and re-
fused : Provided^ the person notified to perform labor ou
said streets and alleys shall be allowed to procure a substi-
tute equally able as himself or commute by paying to
the street commissioner, within twelve hours of the time
of notice, the sum of one dollar and fifty cents per day for
each day assessed.
§ 3. The board of trustees shall cause to be published, statement of
11 £• 11 1 1 . . . i r« 11 money received
annually, a lull and complete statement of all moneys re- jmd expended.
ceived and expended during the preceding year, and on
what account received and expended.
§ 4. All ordinances and resolutions passed by the board oia ordinances
of trustees of the town of La Prairie shall remain in force ^° "^'
until the same shall have been repealed by the board of
trustees.
S 5. Appeals shall be allowed in all cases arising under " Appeal taken
,1 ' • *■ c ,-i • . ,• J- 1 • to circuit court.
the provisions ot this act, or ot any ordmance passed m
pursuance of this act, to the circuit court of Adams county ;
and ever}'' appeal shall be taken and granted iu the same
manner and with like effect as appeals taken from and
granted by justices of the peace to the circuit court in sim-
ilar cases : JProvided^ that when the town shall appeal a
bond filed by the clerk of the board, in the name of the
town, shall be deemed suflicient to obtain an appeal.
§ 6. All suits, actions and prosecutions instituted, com- suits vested in
menced or brought by the corporation hereby created shall f°''P°'"a^'°'^-
be instituted, commenced and be prosecuted in the name of
the town of La Prairie.
§ 7. Whenever the police magistrate or town constable oflice vacated.
shall remove from town, resign or die or his oflSce shall
otherwise be vacated, the board of trustees shall provide
for filling such vacancy by election.
§ 8. This act is hereby declared a public act, and may Evidence of act.
be read in evidence in all courts of law and equity within
this state without farther proof.
84S TOWNS — INCORPORATED.
§ 9, This act to take effect from and after its passage.
In fokce April 15, 1869.
I, Edwaed RtJMMrx, Secretary of State, do hereby certify that the foregoing act of
the Twenty-sixth General Assembly of the State of Illinois wns filed In the office of the
Secretary of State, April 15, 1869, without the signature of the Governor, but, by virtue
of Section 21, Article IV, of the Constitution of this State, the same is now declared a
law, having been retained over ten days by the Governor after its reception.
EDWAKD PvUMMEL, See'y of State.
Bonndaries
In force when AN ACT to incorporate the town of Leroy.
adopted by
iptyfii votcrsx
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly, That the
inhabitants of the town of Leroy, in the county of McLean,
and state of Illinois, be and they are hereby constituted a
Nameaud style, bodv politic and corporate, by the name and style of "The
Town of Leroy;" and, by that name, shall have perpetual
succession, and may have and use a common seal which
they may change and alter at pleasure.
§ 2. The boundaries of said town shall include and
comprise the territory designated as follows, to-wit : Com-
mencing one-half {^) mile east of the center where Main
and Elm street cross each other, in said town ; thence run-
ning due north one-half (■^) mile ; thence west one (1) mile ;
thence south one (1) mile; thence east one (1) mile; thence
north one-half {^) mile, to the place of beginning, making-
one square mile.
§ 3, Whenever any tract of land adjoining the town of
Leroy shall be laid out into town lots and recorded accord-
ing to law the same shall be annexed to and form a part of
the town of Leroy.
§ 2. The inhabitants of said town, by the name and
style aforesaid, shall have power to sue and be sued, to
plead and be impleaded, defend and be to defended, in all
courts of law and equity and in actions "whatsoever : to
purchase, receive and hold property, real and personal,
in said town, and to purchase, receive and hold property,
real, beyond the limits of said town, for burial grounds,
for the use of the inhabitants of said town and vicinity,
and to sell, lease, convey and improve property, real and
personal, for the benefit of said town, and to do all other
acts in relation thereto as natural persons.
ARTICLE II.
Additional ter
rilnry annexed
General corpo
rate powers.
OF THE TOWN COUNCIL.
councij. Section 1. There shall be a town council, to Gouaiat of
a president and four trustees, to be chosen annually by the
qualified voters of said town.
TOWNS — INCORPORATED. 849
§ 2. No person shall be a member of the town council Qualifications
unless he shall be at the time a resident for six months im- °^^'^^^^^^^-
mediately precedino; his election, twenty-one years of age,
and a citizen of the United States.
§ 3. If any member of the town council shall, during office vacated.
the term of his office, remove from the town, his office shall
thereby be vacated.
§ 4. The town council shall judge of the qualification, Election returns
election and election returns of its own members, and shall
determine all contested elections.
§ 5. A majority of the town council shall constitute a Q.norum to do
quorum to do business, V but a less number may adjourn
from day to day and compel the attendance of absent mem-
bers, under such fines and penalties as may be prescribed
by ordinance.
§ 6. The town council shall have power to determine Rniesofpro-
the rules of its proceedings and punish its members for dis- ^^'^^^"^'^•
orderly conduct, in sucli manner as may be prescribed by
ordinance.
§ 7. The town council shall keep a journal of its pro- jouruai of
ceedings and annually publish the same. proceedings.
§ 8. No member of the town council, during the term no member
of his office, shall be appointed to any office under the au- |pp°*°'^'^ '** °^-
thority of the council.
§ 9. All vacancies that occur in the town council [shall] vacancies mied
be filled by election. yeecion.
§ 10. Each and every member of the town council, be- oath of office,
fore entering upon the duties of his office, shall take and
subscribe an oath that he will well and truly perform the
duties of his office to the best of his abilities.
§ 11. Whenever there shall be a tie in the election of Tie vote, how
the members of the town council, the judges of election '^<^"'^®<^-
shall certify the same to the police magistrate who shall de-
termine the same, by lot. in such manner as may be pre-
scribed by ordinance.
§ 12. There shall be twelve stated meetings of the town stated meetings
council in each year, at such times and places as may be
prescribed by ordinance.
ARTICLE III.
Section 1. There shall bean election in the town of Annual election
Leroy, by the qualified voters thereof, on the first Monday If^lJ °'^'-
of April, A. D. 1869, and on the first Monday of April of
each and every four years forever thereafter, jforj a police
magistrate and town constable, who shall hold their offices
for four years and until their successors are elected and
qualified.
§ 2. No person shall be eligible to the ofiice of police Eligibility of
magistrate or to the office of town constable who shall not ^"ate!" '"*"*^'
have been a resident of the town for one year next preced-
Voi.m— lor
eleetiou precinst
tOVFNS — INOOKPOKATBD.
ing his election or wiio shall be nnder the age of twenty-
one years or who shall not be a citizen of the United States.
Declared ar< § 3. Foj- ([^q election of Dolice mae-istrate and town con-
stable the town ot Leroy is hereby declared an election pre-
cinct; and such election shall be conducted and the returns
thereof made in the same manner as the election and re-
turns of justices of the peace and constables : Provided^
such election shall be held at the same time and place and
shall be conducted by the same judges as the election for
members of the town council.
jtijtises «om. § 4. The police magistrate shall be commissioned by
tha^g'ovMBor.*''^ t^'® governor of the state of Illinois, as a justice of the
peace, and as such? shall give bond and take and subscribe
the same oath of office as justices of the peace, and as such
shall be conservators of the peace for the said town, and
shall have power and authority to administer oaths and
iosue writs and processes, to take depositions, acknowledg-
ments of deeds, mortgages and other instruments of writing
and certify the same as other justices of the peace, and he
shall have jurisdiction of all cases arising under the ordi-
nances of the corporation and concurrent jurisdiction, power
and authority, in all cases whatever, with other justices of
the peace, arising under the laws of this state, and shall be
entitled to the same fees for his services as other justices of
the peace in similar cases.
Juri3diotioa of § 5. The town council may desifrnate, by ordinance,
one justice of the peace in said town, who shall have the
same jurisdiction for offenses committed in said town as the
police magistrate has by this charter conferred upon him.
Powers and pri- 8 Q, The towu coustablc shsll have the same power
and authority and be entitled to the same fees as constables
of the county of McLean.
gfe^c't'^ifVnt'y"^" § '^' ^^^ ^^^^ ^^^ police magistrate or town constable
shall at any time be guilty of palpable omission of duty or
shall willfully or corruptly be guilty of oppression, malcon-
duct or partiality in the discharge of the duties of his office,
he shall be liable to be indicted in the circuit court of Mc-
Lean county, and, on conviction, shall be fined in a sum
net exceeding two hundred dollars and removed from
otfice.
ARTICLE IV.
OF ELECTIONS.
Eiecdon of Seotion L On the first Monday of April, 1869, an elec-
town eoimcii. ^j^^ gj^^^j ^^ YxqXq, m said town for the president and four
members of the town council, one police magistrate andj
one town constable, as provided in article three, section one/
of this act, there shall be held an election for said officers^'
The first election shall be held, conducted, and returns
thereof made, as is provided by ordinance, by the presenl
TOWNS — INCOEPOKATED. 851
president and trustees of the town of Leroy, and all suc-
ceeding elections as may be provided by ordinance of the
town council by this act created.
§ 1^ All persons who are entitled to vote at state elec- of e?^fifs^**^°°
tions for state officers for the state of Illinois shall be enti-
tled to vote for said officers.
ARTICLE V.
LKGISLATIVE POWERS OF COUNCIL.
Section 1. The town council shall have power and Power to lavy
authority to levy and collect taxes upon all property, real uxos. *'*"^'^*
and personal, within the limits of the town, not exceeding
one-half per centum, per annum, upon the assessed value
thereof, and may enforce the payment of the same in any
manner to be prescribed by ordinance, not repugnant to
the constitution of the United States or of this state.
§ 2. The town council shall have power to appoint a Avpointment
clerk, treasurer, assessor and supervisor of streets, and all o''°™c«''S'
such other officers as may be necessary, and require of all
officers appointed in pursuance of this charter, bonds, with
such penalties and security for the faithful performance of
their duties as may be deemed expedient.
§ 3. Also to require ail officer?, appointed as aforesaid, oath of office.
to take an oath for the faithful performance of the duties of
their respective offices, before entering upon the discharge
of the same.
§ 4. To appropriate money and provide for the payment Appropriaiions.
of the debts and expenses of the town.
§ 5. To make regulations to secure the general health ••oerRi health,
of the inhabitants of the town, and to declare what shall be
a nuisance, and to prevent and remove the same one-half
mile outside the limits of said town.
§ 6. To conhscate property declared to be a nuisance xaisaare.
and sell the same to the highest bidder, for cash, after giv-
ing ton days' notice of such sale; and after keeping enough
out of such sale to pay fine, if any, and all costs, including
attorneys' fees and all, pay the balance to the owner or
owners of the property. This jurisdiction only to extend •
to goods and chattels.
j:^ 7. To erect and keep in repair bridges. BiidRea.
§ 8. To provide the town with water ; to sink and keep Proride watea-.
in repair wells, cisterns and pumps in the streets, for the
convenience of the inhabitants.
§0. To open, alter, abolish, extend, grade, pave or oih- street im-
erwise improve and keep in repair streets, and alleys. provemeut*.
§ 10. To erect market houses, to establish markets and Marksts and
market places, and provide for the government of the same. """'^^^ ''°'''°*'
§ 11. To build and erect a town prison house. imprisonmont,
§ 12. To provide [for] inclosing, improving and regu- luwia* gromjiig.
lating all public grounds belonginglo th^ town.
85^ TOWNS — INCOKPORATED.
Auctioneers, § 13. To license, tax and rea^ulate auctioneers, hawkers,
peddlers, etc. peddlers, brokers and pawnbrokers.
Tippling hoiises § 14. To onlj prohibit and suppress tippling houses,
dram shops, beer or ale saloons, gaming houses, bawdy
houses and other disorderly houses.
Sale of liqnors. § .15. To require druggists and apothecaries to only sell
spirituous, vinous, malt or mixed liquors, on prescriptions
issued by a regular practicing physician, in less quantities
than one gallon.
ciiimneys, etc, § 16. To regulate the .fixing of chimneys and the flues
thereof.
Extinguishment § 17. To provide for tlie prevention and extingnish-
of fires. ment of fires ; to organize and regulate tire companies.
combustiWes. § 18. To regulate the storage of tar, pitch, rosin, gun-
powder and other combustible materials.
Census. § 19. To providc for taking enumeration of the inhabi-
tants of said town.
Election of of- § 20. To regulate the election of town officers, and to
ficers. provide for removing from office any person holding an
% office created by ordinance.
compenaation. § 21. To fix the Compensation of all town officers, and
regulate the jurors' fees, witnesses and others, for services
rendered under this or any ordinance.
riiies, forfeit- | 22. To appoint policemen for the town ; to impose
^' ' fines, forfeitures and penalties,^ for breach of any ordi-
nance, for the recovery and appropriation of such fines and
forfeitures and for the enforcement of such penalties : Pro-
vided^ the right of trial by jury shall in no case be denied
to any person charged with a breach of any of the provi-
sions of this act or any ordinance of the town, and no fine
or penalty shall be less than three dollars nor more than
one hundred for any one oftense.
Tojiippress § 23. The town council shall have power in and within
one mile of said corporate limits to suppress groceries, dram
shops, beer saloons, billiard tables and lotteries, or to grant
license for billiard tables, to be used in such town.
^Euforce t)di- § 24. The town council shall have power to make and
enforce all ordinances which may be necessary and proper
for carrying into etiect all the powers specified in this act,
so that such ordinances are not repugnant to nor inconsist-
ent with the constitution of the United States or of this
state,
style of ordi- ^ 25. The stvlc of the ordinances of the town shall be,
'•'' J3e it ordained by the T071J11 Council of the Town of
Leroy^
Posting lip § 26. All ordinances passed by the town council shall,
before they take effect, be published, by posting up printed
or written copies in three public places in said town, ten
days before taking eft'eet, or by being inserted six times in
a daily newspaper published in said town.
dram shops .
nances.
nances.
ordinances.
TOWNS — INCORPOKATED. S53
§ 27. All ordinances may be proven by exhibiting the ordiuanccs
original record of the same, or by copies, certified to by dencVi'^ '^^'"
the town clerk, or by copy, with the impression of the town
seal upon it and the name of the town clerk in attestation
of the same, or when printed or published in book or pamph-
let form, by authority of the town council, shall be taken in
evidence and received as such in all courts and places, with-
out further proof. ^
ARTICLE VI.
OF THE PRESIDKNT.
Section 1. The president shall preside at all meetings ^ f ^f jfo\^|(j°L*"
of the town council, and shall have the casting vote, and no
other; and in case of his non-attendance at any meeting, the
council shall appoint one of their number chairman, who
shall preside at that meeting.
§ 2. The president or any two members of the town . spec-ai meet-
council may call special meetings of the town council. ^°°^"
§ 3, The president shall be active and vigilant in en- „ji^nt {^ eatoc-
forcingthe laws and ordinances for the government of the Tngiaws.
town. He shall inspect the conduct of ail subordinate offi-
cers of the town, and cause negligence and positive violation
of duty to be prosecuted and punished ; and he is hereby
authorized to call on any male inhabitant of the age of
twenty-one years and over, of such town, to aid in enforcing
the laws and ordinances theVeof ; and any person who shall
not obey such call shall forfeit and pay the said town a fine,
not exceeding ten dollars, and all damages which the town or
any inhabitant may sustain through bis disobedience or eva-
sion of such call.
§4. He shall have power, at any time, to require of any Kxhibit of
ofticer of said town an exhibit of his books and papers ; and pers.^ ^^ '^^'
shall have power to do all other acts recpired of him by any
ordinance made in pursuance of this act.
ARTICLE VII.
PROCEEDINGS IiV SPECIAL.
Section 1. Whenever it shall be necessary to take pri- Takui? private
vate property for opening or altering any public street or puMku^se.
alley, the corporation shall make just compensation to the
owner of the property, or pay or tender the same, before
opening or altering such street or alley ; and in case the
amount of such compensation cannot be agreed upon, the
police magistrate shall cause the same to be ascertained by
a jury of freeholders of the town.
§ 2. When the owner of property on a street or alley Petit'fa for
proposed to be opened or altered, shall petition therefor, °p'''^^=^''^^''^-
the town council shall provide for opening or altering the
same ; but no compensation shall be allowed to such owners
for their property so taken.
854 TOWNS — INCOEPOBATED.
Benefits aud § 3. All jurors impaiiReled to iaquire into the amount
matof.^^ ^^''" of benefits or damages which may happen to the owners of
property to be taken for the opening or altering any street
or alley, shall first be sworn to that efiect, and shall return
to the police magistrate their inquest, in writing, signed by
each juror, in writing : Provided^ always^ in the assessment
of such damages the jury shall take into consideration the
benefits as well as the injury happening to the owner of
property proposed to be taken for opening or altering a
street or alley, by such opening or alteration.
New inquest. | 4. The police magistrate shall have power, for good
cause shown, within ten days after inquest shall have been
returned to him, as aforesaid, to set aside the same and
cause a new inquest to be made.
^^May leyy and § 5. That the town couucil sliall bave power to levy and
provemeuts. " colkct a spccial tax on the holders of lots on any street or
alley, or any part of any street or alley according to the
respective fronts owned by them, for the purpose of paving
or grading the sidewalks of said street or alley.
ARTICLE VIII.
Ejempt from Seotion 1. The inhabitants of the town of Leroy are
road labor out- ,, ,^ ,. ,, ti*'i.
side town limits, hereby exempt irom workmg on any road beyond the lim-
its of the town, and from paying any tax to procure laborers
to work on the same.
iits.bitantsto § 2. The towu couucil shall have power, and it is hereby
made their duty, when it may be necessary for the purpose
of keeping in repair streets and alleys, of said town, to re-
quire every able-bodied male inhabitant of said town, over
the ago of twenty-one years and under fifty years, to labor
on said streets and alleys, not exceeding three days in each
year ; and any person failing to perform such labor, when
duly notified by the said town, shall forfeit and pay one dol-
lar and fifty cents to said town for each and every day he
fails to work.
Puiushmentof § 3. The town couucil shall have power to provide for
the punishment of ofi'enders against any ordinance of said
town, by imprisonment in the town prison or calaboose or
the county jail, not exceeding thirty days for any one of-
fense, in all cases where such ofi'enders shall [fail] or refuse
to pay the fines and forfeitures, or secure the same, which
ma}'- be recovered against them ; and the police magistrate
or any justice of the peace in said town who may be desig-
nated by the town council to have jurisdiction of the of-
fenses agninst the ordinances and laws of said town, may
order the oflender to be taken to the county jail or town
prison, if he iails to forthwith pay or secure the fine or pen-
alty assessed against him ; but this act shall not vitiate the
right of appeal.
TOWNS — INCORPORATED. 855
§ 4. The town council shall cause to be published, an- Financial state-
nuailj, a full and complete statement of all moneys received °^^°^-
and expended during the preceding year, and on what ac-
count received and expended. ,
§ 5. All ordinances and resolutions passed by the pres- ordinances to
ident and trustees of the town of Leroy, shall remain in ^la^u'JepaaieT^
force until the same shall have been repealed by the town
council hereby created.
§ 6. All suits, actions and prosecutions instituted, com- . suics instituted
menced or brought by the corporation hereby created shall name.* ^ "
be instituted, commenced and prosecuted in the name of the
town of Leroy.
§ 7. x\ll actions, tines, penalties and forfeitures, which Actions vested
have accrued to the president and trustees of the town of ° *^°''^°'^^ ■°°"
Leroy, shall be vested in and prosecuted by the corporation
hereby created.
§ 8. All property, real and personal, heretofore belono;- Prrcarty Tested
ing to the president and trustees of the towli of Leroy, for ^"^ «^'p°'^^"<'^-
the use of the inhabitants of said town, shall be and the
same are hereby declared to be vested in the corporation
hereby created.
§ 9. This charter shall not invalidate any act done by kc tomraii-
tho president and trustees of the town of Leroy, nor divest fcts^ previous
them of any rights which have accrued to them prior to the
passage of this act.
§ 10. The president and trustees of the town of Leroy Promnigation
shall, immediately afcer the passage of this act, take mea- '^^ ^'^'''
sures to promulgate this law within the limits of the town
of Leroy, and issue their proclamation for the election of
officers, and cause the same to be posted in said town for
ten days prior to the day of election of such officers.
§ 11. Appeals shall be allowed in all cases arising un- Aprsaisaiiovred
der the provisions of this act to the circuit court of McLean
county, and every such appeal shall be taken from and
granted by justices of the peace in the circuit court [as] in
similar under the laws of this state.
§ 12. Whenever the police magistrate or the town con-^omce vacated,
stable shall remove from the town, resign or die, or his of-
lico shall be otherwise vacated, the town council shall im-
mediately provide for filling such vacancy by election.
§ 13. This act is hereby declared a public act, and may Evidence and
be read in evidence in all courts of law and equity in this P^°°f °f =^<=^-
state, without proof.
§ 14. The incorporation of the town of Leroy, hereto- A^t repealed.
fore formed, on the day of , 1854, under the gen-
eral law, is hereby repealed.
§ 15. The town council or any other officer authorized Power to exe-
to execute writs or other processes issued by the police ^'^'^'' '''°^^*''
magistrate or any justice of the peace in McLean county
shall have power to execute the same anywhere within the
856 TOWNS — INCOEPOKATED.
limits of McLean coimtj, and shall be entitled to the same
fees as other constables in like cases.
Election for § 16. The president and trustees of the town of Leroy
cha?ter° °^ ^^^ ^^^^^^ causc an election to be held in said town on Monday,
the 15th day of March, 1869, of the inhabitants residing
within the limits of said town who are authorized to vote
for state officers, shall vote for or against this charter, and
if the majority of the votes cast at such election shall be in
favor of the adoption of said charter, said charter shall im-
mediately take effect as a law; but if a majority of the
lesjal votes bo against the adoption of said charter, then
this act to be of no effect.
Approved March 15, 1869.
ere
In force March AN ACT to in«orporat8 the town of Loda, Iroquois eountr, Illinois.
13, 1869.
ARTICLE !.■
Section 1. Be it enacted by ike People of the State of
Illinois, represented in the General Assembly, That the
itihabitauts of the town of Loda, in the county of Iroquois,
and state of Illinois, be and they are hereby constituted a
Name and styi9. body corporate and politic, by the name and style of ''The
Tov>^n of Loda ;" and, by that name and style, shall have
perpetual succession, and may have and use a common seal,
which they may alter at pleasure.
Corporate pow- § 2. The inhabitants of said town, by the name and
stjio aforesaid, shall have power to sue and be sued, plead
and be impleaded, to defend and be defended, to answer
and be answered unto, in all courts of law and equity in
this state, in all actions whatsoever ; to purchase, to receive
and hold property, real and personal, within or beyond the
limits of said town, for burial grounds and other public
purposes; to sell, lease or convey property, real and per-
sanal, for the use of said town ; and to protect and im-
prove any such property as the public good may require,
and to do all other things in relation thereto as natural
persons.
Bonndaries. g 3. Tlio town limits of the Said town of Loda shall be
boutsded as follows, to-wit: Beginning at the south-east
corner of section tweuty-one (21), town twepty-four (24)
norths range ten (10) east, third principal meridian, in Iro-
quois county, state of Illinois; thence north along the eastline
of said section twenty-one, (21) to the centre of N"orth Fifth
street, of Neal's addition to Loda; thence northwesterly,
along the centre of J!*?orth Fifth street, to the west line of
said section twenty-one (21) ; thence south, along the west
TOWNS— INCORPORATED. 557
line of section twentj-one (21), to the northeast corner of
Goodell's addition to Loda ; thence west, along the n rth
line of Goodell's addition to Loda, to the west line of the
east half of section twenty (20), in said "town twenty-four
(2i); tlience south, along the west line of the east half of
said section twenty (20) and the west line of the east half
of section twenty -nine (29), to the southwest corner of
Bairdton,an addition to Loda; thence, along the south line
of Bairdton, to the northwest corner of block A, one of the
out-lots to the town of Bairdton ; thence south, along the
west line of said block A, to the southwest corner of said
block A; thence east, along the south line of said block A,
to the southeast corner of the said block A; thence north,
along the east line of said block A, to the southwest corner
of Distillery addition to Loda; thence east, along the south
line of Distillery addition to Loda, wdiich is the south line
of the north half of the south half of section twenty-eight
(28), to the southeast corner of Distillery addition, afore-
said ; thence east, along the south line of said north half of
the south half of said section twenty-eight (28), to the north-
west corner of the southeast quarter of the southeast quar-
ter of said section twenty-eight (28); thence north, along
the west line of the northeast quarter of the southeast quar-
ter of said section twenty-eight (28), to the east line of Eail-
road addition to Loda, Illinois ; thence, along the east line
of said Railroad addition, to the south line of the northeast
quarter of the northeast quarter of said section twenty-
eight (28) ; thence east, along the south line of the said
northeast quarter of the northeast quarter of said section
twenty-eight (28), to the southeast corner of said north-
east quarter of the northeast quarter of said section
twenty-eight, (28) ; thence north, along the east line of said
northeast quarter of the northeast quarter of said section
twenty-eight (28), to the point of beginning, being the
northeast corner of section twenty-eight (28), town twenty-
four (24) north, range ten (10) east, third principal me-
ridian.
§ 4. Whenever any tract of land adjoining the town of Additions to
Loda shall be laid off into town lots and duly recorded, as '
required by law, the same shall be annexed to and become
a part of the town of Loda, which the town council may so
declare by ordinance.
ARTICLE II.
Section 1. The municipal government of said town Powerp vejtcd
shall be vested in a town council, consisting of six mem- '"^°^™'^°"°'^
bers, to be elected by the qualified voters "of said town ;
and no person shall be a member of the town council un-
less he shall have been a resident of said town one year
next preceding his election, and shall, at the time of his
Yol. III-IOS
858 TOWNS — INCORPOKATED.
election, be a freeholder in said town and entitled to vote
for state officers.
Office vacated. § 2. If the president or any member of the town coun-
cil shall remove from said town, his office shall be vacated,
and shall be filled by election or appointment.
Contested eiec- § 3. The town council shall be judges of the qualifica-
*'""• tions, election and returns of its own members, and. deter-
mine all contested elections for town officers.
Quorum § 4. A majority of the town council shall constitute a
quorum to do business, but a minority may adjourn
from time to time and compel the attendance of absent
members.
Rules of pro- § 5- The town council shall determine the rules of its
ceedings. proceedings.
Oath oi office. g 6. Every member of the town council, before en-
tering upon the discharge of the duties of his office, shall
take an oath or affirmation that he will support the consti-
tution and laws of the United States and this state, and that
he will well and truly perform the duties of his office, to the
best of his ability ; which oath may be administered by the
president or any justice of the peace or other persons, em-
powered by law to administer oaths.
stated meetings § 7. The town couucil shall hold stated meetings in each
year, at such times and places as it shall appoint.
ARTICLE III.
Election of SECTION 1. On the sccond Tuesday in July, A. D. 1869,
council. ^^ election will be held for six members of tlie town coun-
cil. Two of said councilmen shall hold their office for
three years, and two of them for two years, and two of
them for one year, and they shall determine by lot, in the
presence of the board, who shall serve for the three-year
term, who for the two-year term, and who for the one-year
term. And there shall be elected, annually thereafter, two
members of the town council, Avho shall hold their offices
for three years.
Present trus- .Q y. Until the Said election to be held on the second
tees to continue. „, " , ,. t i » t-w ^^-^ ■ i i ,■
Tuesday ot July, A. D. 1869, the present board ot trustees
of the town of Loda, holding their offices under and by
virtue of the general laws of this state for the incorpora-
tion of towns and cities, shall remain in office and discharge
all the duties of their respective offices and until their suc-
cessors are elected and qualified. Upon the election of the
six members of the town council, as provided above, and
^ annually thereafter, the said town council shall elect from
their number a president,
jf^^^gf « «>' «'«c. g 3, All elections of the town shall be held by one
judge, assisted by one clerk, who shall each take the oath
now required to be taken by the judges and clerks under
the general election laws of this state. The town council
TOWNS — INCORPORATED. 859
ehall appoint the judge and clerk, but in case no appoint-
ment is niado or those appointed shall decline serving or
fihall not be present at the time for opening the polls, the
electors present may select any of their number to act as
judge and clerk or judge or clerk.
§ 4. The polls shall not be opened earlier than eight Manner of con-
o'clock in the morning, and may be closed at four [o'clock] '^"'""" *'''^'°°
in the afternoon. The election shall be conducted, as near
as may be, with the general law of the state, except as
herein changed. After the polls are closed, the judge and
clerk shall canvass the ballots and certify the result to the
town council, and shall return all the ballots, poll-books,
affidavits and papers to the town clerk, to be tiled in his
office.
ARTICLE IV.
Section 1. The president shall preside over all the Presiding o^cer
meetings of the town council, and shall see that the ordi-
nances of the town and the laws of the state are duly en-
forced within the town, and that all the officers of the town
discharge their respective duties. He shall recommend
such measures to the council as he may deem advantageous,
§ 2. He is hereby authorized to call upon any and all .inhabitants to
able bodied male inhabitants of the town, or county of aii onifnauces?"
Iroquois, over the age of eighteen years, to aid in enforc-
ing the laws of the state or ordinances of the town ; and
any person who shall not obey such call shall forfeit and
pay to said town a fine of not less than five nor more than
twenty-five dollars.
§ 3. The president or two councilmen may call a special spedai meeting
meeting.
§ 4. In case of a tie vote, the president shall have the Tjevote, how
casting vote only ; and in case of his absence at any meet-
ing of the council, a chairman, j9rc iem.^ shall be appointed
by the council.
ARTICLE V.
Section 1. The town council shall have power to ap- Aupoiutmen*
point a town clerk, who shall be, ex officio, treasurer, town °^°^*^^"-
attorney, one or more street commissioners, and such other
officers and agents as may be necessary for carrying into
clfect the provisions of this act and the ordinances of eaid
town, and to require all officers to take an oath that they
will support the constitution of the United States and of this
state, and Avill faithfully and to the best of their abilities
discharge the duties of their offices, and may require any
and all of its officers, so appointed, to give bonds, with suf-
ficient security, to be approved by said town council, well
and truly to perform the duties of their respective offices —
all such bonds to be given to the corpor^tlou, by its cor-
porate name.
860 Towns — incorporated.
When vaoan- § 2. The Said town council shali have power to fill va-
wes^occnr, how (.^jj^g^gg^ [yj appointment, in the board of town council, oc-
casioned by death, removal, resignation, continued absence
from their regular meetings for the space of three months,
or otherwise, or they may order a special election to fill
said vacancy. They may p»unish their members or other
persons for disorderly conduct before the town council
while in session, and, by a vote of three-fourths of all their
members, they may expel a member for good cause shown;
and they shall have power to remove from oflice, by a vote
of three-fourths of all their members, any subordinate offi-
cer of said town, who holds his ofiice by appointment of
the town council of said town,
offlcere" duties. § 3. The town council shall have power and shall pre-
scribe by ordinance the duties of all ofiicers that may be
appointed by said town council.
c^pensation § 6. The officers of the town shall receive such fees,
salary or other compensation as the council may provide by
ordinance.
of oHcers.
ARTICLE VI.
Election of Skction 1. There shall be elected in the town of Loda,
trate^ '°*^' *' by the qualified voters thereof, on the second Tuesday in
J nly, A. D. 1869, and on the second Tuesday in July every
four years thereafter, a police magistrate, who shall hold his
office for four years and until his successor is elected and
qualified. He shall qualify in the same manner and be sub-
ject to the same penalties that are provided by the general
laws of this state for other justices of the peace. He shall
possess and may exercise all the powers, jurisdiction and
authority that other justices of the peace of the county of
Iroquois might have in similar cases. The present police
magistrate of the said town of Loda, holding his office
under and by virtue of the general law of this state for
the incorporation of towns and cities, shall be deemed to
hold his office under and by virtue of this act, until the
second Tuesday in July, A, D. 1869, and until his succes-
sor is elected and qualified.
Divties^of po- § 2. Said police magistrate shall be a conservator of the
peace for the said town of Loda, and shall have exclusive
original jurisdiction, except as hereinafter provided, in all
cases arising out of or under the laws and ordinances of
said town or this act, and shall, in all cases, possess and
may exercise all the rights, powers and authority noAV con-
ferred on police magistrates by the laws of this state.
Whenever, after the passage of this act, there shall occur aj
vacancy in the office of police magistrate of said town, the
town council of said town shall, within twenty days from!
the occurring of any such vacancy, call an election to fiUj
the same, and the person so elected shall hold his office!
lice [magistrate.
TOTOra— INOOSPOEA.T]^D, 8G1
during the unexpired part of the term and until his succes-
sor is elected and qualitied.
§ 3. He shall iu all cases be entitled to the same fees j-gg^ ^.^ qj^^^q
and emoluments as may be provided by ordinance. In
case of the absence of said police magistrate or his inability
to serve, any justice of the peace of said Iroquois county
shall have the same jurisdiction, powers and authority, un-
der the laws and ordinances of said town, as the said police
magistrate possesses iu hke cases. The rule of practice and
proceedings in all cases arising out of the laws and ordi-
nances of said town shall conform to the practice and
proceedings before other justices of the peace, except when
such rule and proceedings shall be changed or moditied by
the laws, ordinances or charter of said town, in which case
the rule of practice or proceeding shall conform to the rules
prescribed by such laws, ordinances or charter.
§ 4. In all cases arising under any ordinance of said change veans
town or under this act changes of venue and appeals shall,
when applied for, be allowed to the circuit court of said
Iroquois county, in the same manner as is provided in
other cases before justices of the peace: Frovidedy
that in all cases arising out of any ordinance of said town
or under this act, if either party wishes to appeal he, she
or they shall give notice, in writing, thereof, to the police
magistrate or justice of the peace before whom the case
was tried, on the day of trial thereof, and shall tile the
necessary appeal bond with such justice of the peace with-
in five days from the date of such trial.
§ 5. There shall be elected by the qualified voters of Election of
said town, on the second Tuesday in July, A. D. 1869, and poii<:e ^o^^'aWe
on the second Tuesday in July every two years thereafter,
a police constable, who shall hold his office for two years
and until his successor is elected and qualified.
§ 6. No person shall be elected to the office of police QnaiMcatiou
magistrate or police constable who shall not have been a *° ^"^'^ ''*'^^"
resident of said town for one year next preceding his elec-
tion, and both must be qualified voters for county and state
officers by the general laws of this state.
§ 7. The police constable of said town shall qualify in Duties of the
such manner as the town council may, by ordinance, pre- 1'°"^<^ nonstable
scribe, and shall have power and authority to execute war-
rants and other process issued by the police magistrate of
said towai or any justice of the peace of said Iroquois coun-
ty. He shall have, and may exercise in all cases, the same
powers and authority that are given to the constables of
said county by the laws of the state of Illinois, and shall
be entitled to such fees for his services as may be pre-
scribed by ordinance, and shall in all cases of non- feasance
and misfeasance of duty, be subject to the same penalties
and liabilities that are provided by the laws of the state of
Illinois, for other constables in like cases.
OOri TOWNS — INCORPOBATED.
Authority to ^ 8. In all cases arising under the laws or ordinances
proces°^ ^^''^^^ of said tow.n, any constable of the connty shall have the
same rights, powers and authority to serve or execute any
process issued therein, original or otherwise, that the said
police constable would possess. Whenever the constable
of said town shall see any person or persons engaged in
any assault, assault and battery, riot, rout, affray, disturbing
the peace of the inhabitants of said town, disturbing any
public meeting, religious or otherwise, or unlawful assem-
blages of any kind within said town, it shall be his duty to
make immediate arrest of such person or persons, on view,
without warrant, and in all such cases, any constable of the
county of Iroquois shall have the same power of arresting
without warrant ; and in such cases of arrest without war-
rant, the constable making such arrest shall forthwith take
such person or persons before the police magistrate of said
town, or in case of his absence or inability to act, before
any justice of the peace having an office in said tow^n, and
shall inform such police magistrate or justice of the peace
of the nature of the offense for which such person or per-
sons were arrested, and the police magistrate or justice of
the peace shall thereupon institute a suit against such per-
son or persons, and proceed therein in all respects the same
as if such persan or persons had been arrested and brought
before him under warrant duly issued : Provided, said
police constable, or other constable of the county making
arrest as aforesaid, shall have the right, power and authori-
ty to detain, if necessary, any person or persons so arrest-
ed in custody over night or the Sabbath, in the town jail,
watch house or county jail or other safe place, or until such
person or persons can be brought before a police magistrate
or a justice of the peace having an office in said town. The
said police constable shall faithfully perform all other acts
and duties required of him by the laws and ordinances of
said town.
ARTICLE VII.
Levy and col- Section 1. The towu couucil shall have power and au-
thority to levy, assess and collect taxes upon all propert3%
real and personal, within said town, which is subject to tax-
ation for state and county purposes, not exceeding one dol-
lar annually upon the hundred dollars of the assessed valu-
ation thereof, and they may assess and enforce the collec-
tion thereof by any ordinance or ordinances not repugnant
to the constitution of this state or the United States ; and
until they do so provide, the tax, not exceeding said sum,
shall bo assessed and collected ])y the same assessor and
collector whose duty it shall be by general law to assess
and collect the state and county tax for township twenty-
four (24:) north, ranges ten (10) cast, eleven (11) east and
TOWNS — INCORPORATED. SCo
fourteen (14) west, in said county of Iroquois. It shall be the
duty of the town council to certify to the clerk of the coun-
ty court as soon as convenient after the assessment is made
in each year for state and county purposes, of the rate per
cent, of taxation levied by them for general revenue pnr--
poses for said year, together with a list of all tax-payers
residing within the corporate limits of said town ; and it
shall be the duty of said county clerk to extend said tax
upon the books of the assessor and collector in the same
manner that he is now required by law to carry out and ex-
tend the district school tax against the name of each tax-
payer owning property in said town ; and said tax shall be
collected in every respect, and the collection thereof en-
forced in like manner and with like remedies as the state
and county tax, and shall be paid over by the collector to
the treasurer of said town, at the same time that the county
revenue is required to be paid over to the county. Any
court VN^hich shall order judgment in Iroquois county against
lands and lots in said town, for non-payment of taxes due
the state and county, shall, at the same time include in the
same judgment any and all taxes which may be due said
town. The clerk of the county court shall receive one per Fees oitte
cent, on the amount of tax collected in said town for his ^^^ '
services in extending and adding said tax on the assessor's
and collector's books. The collector shall receive the same
compensation which may be allowed by law for the collec-
tion of state and county taxes, and shall be liable on his
official bond for the payment of all such town or corpora-
tion tax by him collected.
§ 2. The town council shall have power to appropriate ludebteduess.
money and to provide for the payment of the debts and
expenses of the incorporation.
§ 3. To borrow money on the credit of the town at an May borrow
interest not exceeding ten per cent, upon a vote of the ^°^^^-
qualified vofers of the town by ballot, for which purpose a
special election shall be called by the president, giving ten
days' notice, and if a majority of the legal voters are in
favor of such loan, it may be made — not otherwise.
S 4. Any member of the town council knowingly vot ^ ^nsappropria-
ing iQ lavor ot any mis-application or wrong conversion oi
the funds or personal property of the town, shall be per-
sonally liable to the town in an action on the case, for the
amount so misapplied or converted, and costs.
§ 6. They shall have power to make regulations for se- Genavai beaith.
curing 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 lines, penalties or imprisonment
in the town jail or county jail of Iroquois county, and to
SQi
Towns — incobporatkd.
, direct and enforce the summary abatement of
h nuisance or nuisances.
Draius, etc.
Provide water.
Auctioneers,
peddlers, etc.
authorize
any su
Improvement § 0. They shall have power, and it shall be their duty
ttnl^'^air'pubuc ^^ cause all streets, alleys and public roads within said town
grounds. to be kept in good repair; also, to open, alter, abolish,
widen, extend, establish, grade or pave, streets, squares,
avenues, lanes and alleys in said town. Also to erect and
keep in repair bridges within the corporate limits of said
town.
§ 7. They shall have power to drain or cause to be
drained any slough or pond within the limits of said town.
§ S. They shall have power to provide the town with
water; to sink and keep in repair public wells, and 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 coal and all kinds of grain and
produce, and the measurement of Avood to be used in said
town.
§ 9. They shall have power to license, tax and regulate
auctioneers, merchants, family grocery stores, eating
houses, hawkers and peddlers, and to regulate the fixing
of chimneys and the flues thereof ; also, to regulate the
storage of gunpowder, tar, pitch, rosin and other combusti-
ble materials in said town ; to restrain and prohibit every
description of gambling and fraudulent devices, and to
suppress and prohibit gambling houses, houses of ill-fame
and other disorderly houses within said town and one mile
from the limits of said town.
§ 10. They shall have power to tax, license and regu-
late or suppress and prohibit all exhibitions of common
showmen, shows of every kind, caravans, circuses and ex-
hibitions and amusements of every kind, unless gotten up
in said town, by the citizens of said town. They shall
have power to provide for the arrest, trial and j^unishment
of persons who may be guilty of any assault, assault and
battery, affray, routs, riots, disturbing the peace of the in-
habitants or of any public meeting, whether religious or
otherwise, of said town, or disorderly assemblages of any
kind within the limits of said town ; to prohibit and im-
pose penalties on the authors thereof, or any indecent ex-
posure of person or dumb beast to public view ; or the
public use of indecent or obscene language ; or the expo-
sure to public view of any indecent or obscene picture or
publication within said town.
g 11. They shall have the power to prevent the run-
ning at large of dogs and to provide for the destruction of
the same when found at large contrary to the provisions of
any ordinance in such cases made and provided ; to pre-
vent the firing of guns, squibs, rockets or other fire-works
or combustibles within said town.
Eshiljitious.
Dogs at large.
TOWNS — INCOEPOEATED. 865
§ 12. They shall have power to prevent the iucumber- incumbering,
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 or other animals attached to vehicles
or saddled or bridled for use, while standing in any street,
lane, road, alle}' or uninclosed lot within said town ; to
prevent horses, cattle, sheep, hogs or other animals from
running at large in said town ; and to provide for distrain-
ing and impounding any such animal or animals and the
sale thereof to satisfy costs and charges and penalty or
penalties incurred imdei' any ordinance of said town ; to
prevent racing within said town with horses or other ani-
mals ; to prevent any immoderate riding or driving of
horses or other animals within said town ; and also to pro-
hibit and punisli the abuse of any and all animals vfithin
said town.
§ 13. The town council of the town of Loda shall have ^i^i^ors-
and exercise complete and exclusive control, as hereinafter
provided, over the selling, bartering, exchanging, giving
away, or in__any manner trafficking in, strong beer, ale, lager
beer, wine, rum, gin, brandy, whisky, or intoxicating
liquors, drinks or beverages of any kind whatsoever, in-
cluding Hostetter's stomach bitters. Plantation bitters,
Roorback's bitters. Red Jacket bitters, or any other bitters
of whatever name or kind containing intoxicating liquors,
or malt or fermented liquors of any kind, within said
town ; and may by ordinance declare any such selling,
bartering, giving away, exchanging or traffikcing in any
manner in any spirituous, vinous, malt or fermented liquors
within the corporate limits of said town, and the place or
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, prevention, re-
moval 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 five of article
seven of this act, in the case of other nuisances : Provided^
that they shall allow bona fide druggists to sell the same ' •
in good faith for purely medicinal, mechanical or sacra-
mental purposes and not for any other purposes (which
sale by said druggists shall be regulated by said town coun-
cil), provided that they shall not impose any fine by au-
thority of this section of more than one hundred dollars
nor less than twenty -five dollars for any one offense, or
any penalty in the town jail or county jail of Iroquois
county of more than thirty days for any one offense.
§ 14. They shall have power to restrain and prohibit vagrants, etc.
vagrants, mendicants, beggars and prostitutes, and provide
for the arrest and punishment of any person or persons
found intoxicated in any street, alley, lane or other public
place in said town.
Vol. Ill— 109
SQQ TOWNS — TNCOEPOSATED.
Breweries, i,an- § 15. They shall have the power to direct the locatiou
nene?, etc. and regulate the construction and manaeemeut of black-
smith 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, ofi'al and such
other substances as may be rendered or tried, and other
establishments or places where nauseous, offensive or un-
wholesome business may be carried on.
Prevention and § IG. They shall have power to make such regulations
of nreT'*''^'"''"* f<^i' the prevention and extinguishment of hres, and shall
have the charge and control of the same. They shall have
power to organize fire, hook, hose, ax and ladder compa-
nies, and to make rules and regulations for the govern-
ment of the same.
Billiard tables g ^7, They shall have power to regulate, restrain, sup-
^^ys. ™ ^^^ press, distrain or prohibit billiard tables, ball alleys, i'aro
boards or lotteries in said town.
Construction of § 18. They shall have power to cause sidewalks and
sidewalks. gutters to be constructed, as they may direct, on any street,
alley or any part thereof; and the special benefis that will
be derived by such improvement to each lot fronting and
adjoining to the same, shall be assessed to and charged
upon said lot, and the residue of the cost of constructing
the same shall be paid by equal and uniform taxation.
The special benefits to be ascertained and assessed to each
lot by three commissioners appointed by the town council
for that purpose,
of P^"°*'^"'^''°° § 19. The town council shall have power to build or
provide, if necessary, a town jail for the imprisonment of
offenders, and may provide, by ordinance, that any person
or persons convicted under any ordinance in said town,
and who fails, neglects or refuses to pay the tines so as-
sessed against him or them may be either confined in said
town jail, the county jail, or made to perforin labor on the
streets or alleys of said town : Frovided, that such im-
prisonment shall not be for a longer duration than six
months for any one offense. ITo fine for any one breach
of any ordinance of said town shall exceed one hundred
dollars besides the costs of prosecution, including attorney
fees, to be fixed in amount by the town council. The town
council shall have power to confine all oflenders in the jail
of Iroquois county until a jail or lock-up shall be provided
in the said town of Loda.
To establish § 20. To establish and maintain a public pound, and
Public pound, appoint a pound master and prescribe his duties,
in^'s'e"^^""''^" ^ ^^' ^^^^ town couucil shall have the power to require
railroad companies to construct and keep in repair suitable
crossings at the intersections of streets and alleys when
TOWNS — INCOKPOEATKD. 867
the town council shall deem it necessarj. and to cause said
companies to keep open and in repair ditches, drains, sew-
ers culverts on the sides of their raih'oad tracks, so that
filthy or stagnant pools of water cannot stand on their
grounds or right of ways to the injury of said town and of
the health of the inhabitants thereof; and to regulate the
speed of locomotive engines in said town or any j^art there-
of; to prevent said railroad companies from obstructing
the highways, streets and alleys in said town or any part
thereof with tlieir engines, trains and any part thereof.
g 22. The town council shall have power and it is Lcii.or on the
hereby made their duty, for the purpose of keeping in re- feys? ^ "^
])air the streets, alleys, lanes and highways ot" said town,
to require every male inhabitant of said town over twenty-
<'>ne years of age and under hfcy, to labor on the streets
and alleys not exceeding four (4) dayjj in each year; and
any person failing to perform such labor when notified by
the street commissioner, or his assistant, of said town,
shall forfeit and pay the sum of two dollars to said town
for every day so neglected and refused : Provided^ the
person notified to perform labor on said streets and alleys
shall be allowed to procure a substitute, equally able as
himself, or commute, by paying to the street commissioner,
within twenty*-four hours from the time of notice, the sum
of one dollar per day for each day assessed.
ARTICLE XIII.
MISCEIXANEOUS PROVISIONS.
Section 1. The town clerk shall post up notices of all Notices of
elections in three of the most public places in said town at ^ ^'^
least ten days before said election.
§ 2. Whenever there shall be a tie in the election of Tie. how de-
members of the town council, the judge and clerk of the
election shall certify the same to the town council, who
shall determine the same by lot in such manner as may be
prescribed by ordinance ; and in case a tie should occur
at the tirst election held under this charter, the judge and
clerk of election shall certify the same to the president and
trustees of the town of Loda, then holding such ofhce,
who shall determine the same by lot.
§ 3. The town council shall have power to make all Makeandpass
ordinances which may be necessary and proper for carry-
ing into efiect the powers and authority conferred upon
them by the provisions of this act, or which may be neces-
sary for the better regulation of the internal police of said
town, not inconsistent with the constitution of this state or
the United States, and to cause the same to be executed. They
shall also have power to impose tines and penalties for the
breach of any law or ordinance of said town or of any prov4-
ordinances.
868 TOWNS — INCORPORATED.
siou of this act, and to provide for the recovery and enforce-
ment of any such fines and penalties.
Suits instituted. § 4. All prosccutions under the laws and ordinances of
the town of Loda for assaults, assaults and batteries, af-
frays, riots, routs, disturbing the peace of the inhabitants
of said town, disturbing any public meeting, religious or
otherwise, unlawful assemblages of any kind, and in cases
in which the penalty, by the laws or the ordinances of said
town, is imprisonment in the town jail, or in the jail of
Iroquois county, shall be, except in cases of arrest without
warrant, as hereinbefore provided, commenced by com-
plaint and warrant in the same manner prescribed by laws
of the state of Illinois for the regulation of criminal pro-
ceedings in justices' courts; and in all such cases the rules
of j)ractice and proceedings shall be the same as pre-
scribed in such cases for justices' courts, by the laws of
this state, except when the laws and ordinances of said
town prescribe new rules or different rules of practice or
proceedings, in which case the rule of practice or proceed-
ings shall conform to the rule prescribed by the laws or or-
dinances of said town.
Suits in form ^ 5^ j^ q\\ other cascs for violating the laws or ordi-
of action of delit '-> /. . 1 1 i • i 1 /> 1 n
nances or said town, the penalties or penalty theretor shall
be recovered by action of debt, in the name of "The Town
ot Loda," and in all such actions of debt the first process
shall be by summons, to be issued, served and returned as
other summons in actions of debt issued by justices of the
pea<^e of said Iroquois county, aforesaid ; and if the de-
fendant or defendants shall be found guilty, jointly or sev-
erally, of any one or more of the offenses alleged in said
suit, judgment shall be entered for the amount of fine as-
sessed and the cost of suit, as in other cases.
into'treasury'*''^ ^ ^" "'"" ^'^ actious of debt for oficnscs committed
against the laws or ordinances of said town, it shall be
lawful for the plaintifl" in the same suit to allege, prove
and recover for any number of ofi'ensesof the same nature :
Provided^ that the amount recovered shall not in any case
exceed one hundred dollars. All fines or penalties re-
ceived or collected for any violation of the laws or ordi-
nances of said town, shall, by the person or persons re-
ceiving or collecting the same, be paid into the treasury' of
said town.
cafity for^co^st?" § '^^ ' The town couucil of said town shall not, in any
suit in Avhich they are concerned for the violation of any
law or ordinance of said town, either before the com-
mencement or during the pendency thereof, be compelled
to give any security therein for costs, and they may be al-
lowed to take an apjical from any judgment rendered by
the police magistrate or justice of the peace, wherein said
Jowu is a party to the suit, without filing an appeal bond or
giving security for costs.
TOWNS — INCOBPORATED. 869
S 8. Upon the rendition of any iudo-ment for a breach Execation to
n 1 ^ T i- • 1 i i.1 1* _•„ issue on rendi-
of any law or ordinance- ot said town, the ponce magis- tion of judgment,
trate or justice of the peace rendering such judgment
shall forthwith issue an execution for the aniouut of such
judgment and costs of suit, which may be levied upon and
"collected out of any property of the defendant or defend-
ants not exempt from execution by the laws of the state of
Illinois. But if the constable having such execution shall
return thereon that he cannot tind sufficient property of
the defendant or defendants not exempt from execution to
satisfy such execution, or if the defendant or defendants
are transitory, then the said police magistrate or justice of
tlie peace shall issue a capias against the bod}"" or bodies of
the defendant or defendants, and the constable shall im-
mediately arrest and convey him, her or them to the jail
of said town, or to the county jail of the county of Iro-
quois, there to remain forty-eight hours, if the fine and
costs amount to five dollars, and twenty-four hours for
every additional sum of two dollars : Provided, however,
that if the town council of said town or their attorney shall
require a transcript of the judgment and costs, to be cer-
tified to the circuit clerk of the said Iroquois county, to
have the same levied upon real property, and shall signify
the same to such police magistrate or justice of the peace,
he shall not issue a capias as aforesaid, but shall, Avithout
delay, certify a transcript thereof, according to law, to said
clerk, which shall be filed and recorded as in other cases ;
and such judgment shall have, from the date of filing such
transcript, the same force and eftect as judgment rendered
in the circuit court of said county in civil cases : Provided,
that if the defendant or defendants shall, in any case aris-
ing under the provisions of this act, or any law or ordi-
nance of said town, as hereinbefore provided, signify his,
her or their intention of appealing, and shall tile the neces-
sary appeal bond within the time required, the police mag-
istrate or justice of the peace shall, if he approve such ap-
peal bond, order the return of any property that may have
been taken under execution, to satisfy such judgment.
§ 9. Whenever it shall become necessary to take pri- Private prop-
vate property for opening or altering any public street or %lxATl^^tl\l.
alley, the corporation shall make a just compensation to the
owner or owners of such property, and pay or tender the
same before altering or opening such street or alley, or be-
fore taking private property for any public use ; and in case
the amount of such compensation cannot be agreed upon,
the police magistrate shall cause the same to be ascertained
by a iury of six disinterested freeholders of said town. All Benefits and
jurors impanneled to ascertain the amount of damages
which shall be allowed to the owners of any property that
is about to be taken for any public purpose, shall be sworn
to examine the property in question, and after carefuTly
damages.
870 TOWNS — INCOKPOEATED.
considering both the advantages and disadvantages that
will probably accrue to the owuer or owners thereof by
such taking, and the yjroposed use of such property, they
shall, within ten days, make out their verdict in writing,
signed by each of said jurors, to the police magistrate of
said town, assessing to each owner or owners such damages
as they think just. Said police magistrate shall file and
docket such verdict, and shall forthwith cause the tov/n
council or their attorney, and the owner or owners of the
property included in such verdict, to be notified of the con-
Duties of the tcuts of the Same. The police magistrate may, at any time
teate! ^^^^^' within ten days of the filing such verdict, for good cause
shown, set aside such verdict, and grant a new inquest of
damages. If either party shall be dissatisfied with the ver-
dict of the second inquest, they shall be allowed an appeal
to the circuit court of the county of Iroquois. Whenever
any such verdict, not exceeding the sum of one hundred
dollars, shall be filed with the police magistrate, and entered
upon his docket, unless set aside or appealed from, it shall
be a judgment against the said town of Loda, in favor of
such owner included therein, for the amount of damages
thereby assessed to him ; and in case the sum assessed to
the owner exceed one hundred dollars, the said police mag-
istrate shall, on application of the person entitled thereto,
certify to the clerk of the circuit court of Iroquois county, a
full and complete transcript of the proceedings and verdict
in such case, which shall be filed and recorded by the clerk
of said court, in the same manner as other transcripts from
justices' dockets, and shall, from the time of such filing,
have all the force and efiect, in favor of the person or per-
sons entitled to such damages, as a judgment obtained in
said circuit court.
Ordinances to § 10. All Ordinances and resolutions heretofore passed
remain in force. ^^ ^-^^ president and trustees of said town of Loda which
are not inconsistent with this act, shall be and remain in
full force and efiect until the same shall be repealed by said
president and trustees, or by the town council hereby
created, and all actions, fines, penalties and forfeitures which
iiave accrued to the president and trustees of said town, or
which may accrue to them prior to the taking efiect of this
act, shall bo vested in, and prosecuted and recovered by
the corporation hereby created.
Vested propel ty § 11. All property belonging to the president and
trustees of the town of Loda, for the use of the inhabitants
of said town, shall, on the taking efiect of this act, be vested
in the corporation hereby created, and this act shall not in-
validate any act don.e by said president and trustees, nor
divest them of any rights which may have accrued to them
prior to the passage of this act.
Billies of tiic § 12. The town council shall rccpiire their clerk, and it
^^'^'^^- shall be his duty, to make and keep a full and laithful
T0WN3 — INCOEPOKA.TED. 871
record of all tbeir proceedings, bylaws and ordinances, and
of the time, place and manner of the publication of sucli
ordinances and by-laws, in a book to be provided for that
purpose, and such book, purporting to be the record book
of the corporation of the townof Loda, shall be received in
all courts without further proof as evidence of the matters
therein contained^ and all ordinances, acts, resolutions, by-
laws, and other things pertaining to and concerning the
present corporation of the town of Loda, shall be sufficiently
proven in any court of law and equity in the state of Illi-
nois, by the production in such court of the book or books
in which the same is or are recorded, if sucli book or books
purport to be the record book or books of said corporation ;
and all ordinances and by-laws hereafter passed by the
town council of said town, before taking effect, shall be
published at least ten days in some newspaper published in
said town, or by posting up copies of the same in at least
three public places in said town, and shall be signed by the
]u-esident and clerk of the board, and authenticated by the
common seal of the corporation, and shall be written out in
full on the record book or books of the said corporation, and
shall be signed thereon by the president and clerk of the
town council with their proper signatures ; and said clerk,
at the time of making such record entry, shall attach thereto
the common seal of the corporation, and shall also note the
date of the adoption and publication, and the time of taking
effect thereof.
§ 13. The style of the ordinances shall be, ''^Be it or- style of ordi-
dainedhy tke To'wn Council of the town of LocTay nauces.
§ 14. All ordinances, before taking efltect, shall be pub- pnbiicatiou ot
lished at least ten days in a newspaper published in said ordinances.
town, or by posting up copies, either printed or written, in
three of the most public places in said town.
§ 15. This act is hereby declared to be a public act, and Evidence of act.
may be read in evidence in any and all courts of law and
equity in the state of Illinois, without proof. This act shall
take effect and be in force from and after its passage.
Approved March 13, 1869.
AX ACT to iBCorporatG tlio town of Lombard, in DiiPaga county, Illinois, in force March
•J9, 1869.
ARTICLE I.
Section 1. Be it enacted hy the People of the State of
Illinois, rejyresenied in the General Assembly, That the
inhabitants and residents of the town of Lombard, in the
county of DuPage, and state of Illinois, be and they are here-
by constituted a body politic and corporate, by the name and
S 72 TOWNS— -iNCORI'OftATEt).
Name and Btyie Style of '"The TowD of Lombard;" and, by that name,
shall have perpetual succession, and may have and use a
common seal, which they may alter at pleasure.
General cor- § 2. The inhabitants of said town, by the name and
porate powers, g^^^jg afoiesaid, sliall have the power to sue and be sued, to
plead and be impleaded, to defend and be defended, in all
courts oflaw or equity and in all actions whatsoever ; to pur-
chase, receive and hold property, real and personal, beyond
the limits of said town, for burial grounds or other public
purposes; to sell, lease and convey property t, real and
personal, for the use of said town, and to protect and im-
prove any such property, as the public good may require.
^^Boiindaries of | 3, '£\iq bonudarics" of Said town shall be and include
the town of Lombard, in the county of DuPage, in the
state of Illinois, as the same is recorded in the office of the
recorder of said DuPage county, in book two of plats, at
l^age two ; also, commencing at a stone, on section five (5),
at the northeast corner of said town plat, and running thence
north 88° east, on a continuation of the north line of said
town plat, to the center of the public highway or road to
Addison ; thence south eighty feet ; thence west, on a
line parallel with said line N., 88° E., to the west line
of said town plat, and thence north 2° east, eighty feet,
to the place of beginning. And whenever any tract of
land adjoining said town is laid off in town lots and re-
corded, the same shall be and form a part of said town.
ARTICLE II.
Powersvested SECTION 1. The government of said town shall be ves-
m counci ^^^ ..^ ^ towu couucil which shall consist of a president and
four trustees, to be chosen, annually, by the qualified vo-
ters of said town, who shall hold their offices for one year
and until their successors are elected and qualified.
Qnaiiflcations g 2. No pcrsou shall be a member of the town council
of memjers. m^iggg guch member shall be an actual resident of the town
when elected and a legal voter in said town,
iiemovaifrom | 3. If any member of the town council shall, during
cated'. '" an official term, remove from the town, the office held by
such member shall become vacant.
Judges of eiec- § 4. The towu couucil shall appoint, annually, three le-
^^°"- gal voters of the town, whose duty it shall be to act as
judges of election, and shall appoint their own president,
and sliall judge of the qualifications and returns of its own
members, and shall determine all contested elections in
such manner as shall be prescribed by ordinance.
(Quorum. § 5. A majority of the town council shall constitute a
quorum to do "business, but a smaller number may adjourn
from day to day, and compel the attendance of absent
members, under such fines and penalties as may be pre-
' scribed by ordinance ; shall have power to establish and
TOWNS — INCORPORATED. 873
enforce rules for their own proceedings, to pnnisii a mem-
ber for disorderly conduct, and with a concurrence of threu-
fifths of their number, to expel a member.
§ 6, The town council shall keep a journal of its pro- joumai of pro-
ceedings, and shall have power to till all vacancies which '^^^^^^sb-
may occur therein, by death or otherwise.
§ 7. All members of the town council, before entering oath of office,
upon the duties of their ottice, shall take and subscribe an
oath before a justice of the peace of said county, that they
will support the constitution of the United States and of
this state, and will faithfully perform the duties of their
offices to the best of their ability ; and there shall be at
least one regular meeting of said council in each month,
at such times and places as may be designated by ordinance.
§ 8. Whenever a tie shall occur in the election of any Tie vote, how
member of the town council, the judges of election shall ''^^®''°^"^®'^-
certify the same to the justice of the peace of said town
hereinafter provided for, who shall determine the same by
lot, in such manner as may be prescribed by ordinance.
ARTICLE III.
KLECTIONS.
Section 1. On the first Monday of April, A. D. 1869, Election of
an election shall be held in said town of Lombard, for the °^'^ ^°^^^
election of five members of the town council ; and Isaac
Claflin, Daniel C. Ferguson and Perry Harris, shall be the
judges of said election ; and forever thereafter, on the first
Monday of April in each year, an election shall be held
for members of the town council. And judges shall keep
a minute of their proceedings and a registry of voters, and
declare, in writing, under their hands, who are elected
members of the town council; which writing shall be re-
corded in a book to be provided by the town council for that
purpose ; and the record thereof shall be evidence of the elec-
tion of said members of the town council ; and said judges
shall make returns, as required by section third of article
third of this act.
§ 2. On the first Monday of April, A. D. 1869, and Eiectiou of
every four years thereafter, an election shall be held in said ??°?^*^'^ "°^
*' /. X 1 1 /• • • ,• 1 1 ,1 justices of peace
town 01 Lombard lor a justice ot the peace and constable
of said town, who shall hold their offices for the term of
four years and until their successors are elected and quali-
fied.
§ 3. For the election of a justice of the peace and con- Territory de-
table, the said town of Lombard, as herein defined or may t/onp^recinct'^'^'
hereai'ter be extended or limited by ordinance, shall con-
stitute an election precinct; and the first election of said
officers shall be held on the first Monday of April, A. D.
1869, and shall be conducted, and returns thereof made in the
Vol. Ill— 110
874: TOAVNS— IKCOKPOEATED.
same manner as tlie election and returns of other justices
of the peace and constables, and said election shall be con-
ducted by the same judges as the election fur members of
the council.
Qaaiiflcations § 4. All citizeus of Said state of Illinois, above the as^e
o electors. „" ii-i ^ •i*'
ot twenty-one years, who shali have been actual residents
of said town of Lombard ninety days next preceding any
election held under the provisions of this act, shall be enti-
tled to vote at any such election.
ARTICLE IV.
OF THE TOWN COUNCIL.
Levy and «oi- SECTION 1. The town council shall have the power and
lecttaxe*. authority to levy and assess and collect a tax or taxes upon
all property, real, personal and mixed, within the limits of
said town, which is now or may hereafter be subject to taxa-
tion for state or county purposes, not exceeding one per
centum per annum upon the assessed value thereof, and
may enforce the collection of the same by any ordinance
not repugnant to the constitution of the United States or
of this state.
Appointment § '^' The towu couucil shall have the power to appoint a
Of officers clerk, treasurer, assessor and street commissioner, and all
such other officers as may be by them judged necessary to
carry into effect the powers conferred upon said corporation
by this act, and require them to give such bonds, with such
security, and take such oaths, as may be deemed necessary
to insure the faithful performance of their respective duties,
before entering upon the discharge of the same, and such
officers shall possess the same qualifications as are required
tor a member of the town council. •
Appropriations. § 3. To appropriate money, and provide for the pay-
ment of the debts and expenses of the town.
General health. § 4. To make regulations to secure the general health
of the inhabitants of the tovvn ; to declare what shall be
considered a nuisance, and to prevent and remove or abol-
ish the same.
Eepair street?. § 5. To opeu, abolish, wideu, alter, extend, establish,
grade, pave or otherwise improve and keep in repair streets,
alleys and lanes in said town, and erect, maintain and keep
in repair bridges, drains and sewers.
Provide water. § t), To provide the town with water, to sink and keep
in repair wells and pumps in the streets, alleys or lanes,
or lay and maintain water and gas pipes through the same,
for the convenience and good of the inhabitants, and to
erect lamps in the streets, and light the same.
Pubiis buildings § ^' '^^ provide for the erection of all needful public
buildings for the use of the town ; to establish markets and
market places, and make rules for the government thereof;
and to provide for the inclosing, laying ofif and improving
TOWNS- INCOKPOllATED. 875
of all public grounds, stjuaresand burial grounds beloDgiug
to the town.
§ 8. To provide for the protection and improvement protect public
of all public buildings owned by said town ; for the pre- *5»"<ii^g8.
vention and extinguishment of iires, to organize and estab-
lish lire companies, and procure lire engines and their
appurtenances.
§ 9. To regulate partition fences; and provide for the waiis, fences,
inspection and weighing of hay and stone coal, and the
measurement of wood and fuel, to be used in said town.
§ 10. To provide for taking the enumeration of the in- Census,
habitants of said town ; to regulate the fixing of chimneys
and the flues thereof; and to regulate the storage of tar,
pitch, rosin, gun-powder and other combustible materials.
§ 11. To license, tax and regulate auctioneers, mer- Merchantsand
chants, retailers, grocers, taverns, eating houses, peddlers, ''^'*^^^'^^-
brokers and money-changers ; but shall have no power to
license the sale of intoxicating drinks, contrary to any law
of this state.
§ 12. To prohibit or regulate the sale of distilled or fer- prohibit sale
mented or malt liquors of any name or description what- of 'ii"ors,
soever ; to restrain, prohibit or suppress tippling houses,
dram shops, gaming houses, bawdy houses and other disor-
derly houses within said town of Lombard, or within one
mile of the limits thereof.
§ 13. To license and regulate theatrical and other exhi Exhibitions.
bitions, shows and amusements ; to provide for the trial and
punishment of persons who shall engage in assault and Punishment cf
batteries or affrays within the corporate limits of said town. °^®"'^^"-
§14. To regulate the election of town officers, define Election of of-
their duties, and provide for the removal of any person fi'^*''^-
holding an office created by an ordinance.
§ 15. To fix the fees and compensation of town officers, compensation
jurors, witnesses and others, for services rendered under °'''®'^®''^-
the provisions of this act.
§ 15. To prevent the incumbering of the streets, squares, incumbering
lanes and alleys of said town ; to set and protect shade ^^'"^^*^'
trees; to compel persons to fasten horses, mules and other
animals attached to vehicles, while standing upon any street,
alley, lane or uninclosed lot in said towii ; to prevent the Kumun- at
running at large of horses, cattle, sheep, hogs and other ^''f cawe^°''*®*
animals, and to provide for the impounding and distrainino-
of the same, and the sale of the sarne for any penalty in-
curred, and to impose penalty or penalties upon the owner
of any such animals, for the violation of any ordinance in
relation thereto.
§ 17. To prevent the running at large of dogs, and to Dogs at large,
provide for the destruction of the same when at large con-
trary to the provisions of any ordinance in such cases made.
§ 18. To prevent the firing of squibs, rockets, guns,
fire-works or combustibles, within the limits of said town.
876 TOWNS — INCORPORATED.
Punisiiment § 19. To pi'ovide for tho punishment of persons who
for violations. ^^g^J ^^ ^^y ^^^^^q cligtract the peace of the inhabitants of
said town, ov the deliberations or proceedings of any public
meeting of said inhabitants, or of the towD council.
Police. § 20. To regulate the police of the town ; to impose
iines, penalties and. forfeitures for the breach of any ordi-
nance, and to provide for the recovery and appropriation
of such fines and forfeitures, and the enforcement of such
penalties : Provided^ that in all cases the right of trial by
jury shall be allowed to any person or persons charged
with a breach of any of the provisions of this act, or any
ordinance made in pursuance thereof.
Make and pass § 21. The town council shall have power to make and
ordmanceE. euforce all Ordinances which may be necessary and proper
to carry into efiect all [the] powers specified in this act,
as the good of the inhabitants of said county town may
require, so that such ordinances shall not be repugnant to
or inconsistent with the constitution of the United States
or of this state.
style of Old)- ^ 22. The style of any ordinance of the town shall be,
nances. u^^ ^^ ordaiiiid hj ike Town Counoll of the Toion of Lom-
hardf and all ordinances shall, within one month after
their passage, be published in some newspaper pubhshed
in DuPage county, or made known by posting copies of
the same in four public places in said town ; and the cer-
tificate of the publishers of said newspaper, or of the clerk
of the town, under the seal of the corporation, shall be
■prima facie evidence of such ordinance and of its publica-
tion; and no ordinance shall take efiect until published or
made known as aforesaid.
Proof of ordi- § 23. All Ordinances may be proven by the seal of the
town, and, when published or printed in book or pamphlet
form, and purporting to be printed or published by author-
ity of the town of Lombard, the same shall be received as
evidence in all courts and places, without further proof.
ARTICLE V .
OF THE PRESIDENT.
Presiding officer SECTION 1. The president shall preside at all meetings
of the council, when present ; and in case of absence, the
council shall appoint one of their number chairman, who
shall preside at that meeting.
inge*.^^"^^ ^'^'^'^' § ^' "^^^ president or any two members of the council
may call special meetings of the same.
Active and vi- § 3. The president shall bc activc and vigilaiit in eiiforc-
formance o^f'du- ing the Uiws and ordinances for the government of the
'^"- town ; shall inspect the conduct of all subordinate ofiicers,
[and] cause negligence or willful neglect of duty to be pun-
ished ; shall have power j^nd authority to call on all male
TOWNS — INOORPOKATED. 87T
inhabitants of said town over tlie age of eighteen years to
aid in enforcing the laws and ordinances ; and any per-
son who shall fail or refuse to obey such call shall forfeit
and pay to said town the snin of ten dollars.
§ 4. The president shall have power to require any Exhibit books
officer of said town to exhibit [his] books and papers, and 8"<^p^p"*-
to do all other acts required of such president by any ordi-
nance made under the provisions of this act.
ARTICLE VI.
MAGI8TRATK AND CONSTABLE.
Section 1. The justice of the peace hereinafter pro- jastice to be
vided for shall be commissioned by the governor of the by'^t^M*'^
fetate, and sball have and exercise the same power, au-
thority and jurisdiction as is conferred by law upon other
justices of the peace of this state, and shall have and pos-
sess the same qualifications as [are] required for a mem-
ber of the town council,' and shall give bond and qualify
in all respects, as the justices of the peace are by law re-
quired to do.
§ '2. Such justice shall be a conservator of the peace for jurisdiction of
said town, and have exclusive jurisdiction in all cases ■'"*'"^®^*'^^®'^'^®
arising out of or under the ordinances of the corporation,
and shall receive the same fees and compensation allowed
for similar services under the laws of this state to other
justices of the peace, and, for any willful contempt, mal-
conduct, oppression or partiality, or palpable omission of
duty, in his said office, may be indicted in the circuit court
of DuPage county, and, upon conviction, shall be lined in a
sum not exceeding two hundred dollars ; and the court
shall have power, upon the recommendation of the jury,
to make his removal from office part of the judgment.
§ 3. The town constable appointed under the provisions Jurisdiction of
of this act shall have power and authority to execute all ^''°' *
process issued for the breach of any ordinance of said town ;
and, for that purpose, such authority shall extend over the
county of Du Page ; and he shall have the same power, ju-
risdiction and authority, within theyimits of said county, as .
other constables under the laws of this state, and he shall
give bond and qualify as the said town council shall by or-
dinance prescribe.
§ 4. If two or more persons shall receive an equal Tic vote, how
number of votes for the office of justice of the peace or ®^'™^^
constable, the town council shall determine the same by
lot, in such a manner as may be prescribed by ordinance.
§ 5. The said constable shall be authorized to arrest all Arrest, with or
persons on view, without warrant, who shall violate any of ^^'^<^"'i'''°^*"'^
the provisions of this ac^ or any of the ordinances of
said town made in pursuance thereof, and take him, her or
them before the justice of the peace of said town, to be tried
887
TOWNS — INCORPORATED.
stable.
and punished, if found guilty, according to the provisions of
the ordinance or ordinances of said town.
§ 6. Such constable shall be, ex officio^ collector of said
town, and shall give such bonds as the law of this state re-
quires.
Absence of the § Y. In caso of the absence, inability or refusal of Said jus-
peacrand con^ tico Or Said constable to act,«any justice of the peace of said
county of Du Page shall have power to hear and determine
all cases which may arise under the ordinances of said
town, and any constable of said county shall have power
to execute all process and writs which may be issued, in
the same manner and with like effect as the justice and
constable herein provided for.
Appeals may § 8. In all cascs arising under the ordinances of said
town, changes of venue and appeals shall be allowed, as in
other cases before justices of the peace; and the said cor-
poration shall be allowed to appeal in any case in which
they are parties, by causing its clerk to execute a
bond, in the name of the corporation, in the form now
or which may hereafter be furnished by law in other
cases, without other security ; and an order entered upon
the records of said corporation, directing said appeal, shall
be sufficient evidence of the authority of said clerk to
sifrn said bond.
be taken.
ARTICLE VII.'
Private prop-
erty may be ta-
ken for opening
streets.
Jury to eeti-
mate damages..
Afisessmeuts
for benefits.
Section 1. Whenever it shall ])e necessary to take pri-
vate property for opening or altering any public street or
alley in said town, the corporation shall make just compen-
sation to the owner or owners of said property, and pay or
tender the same before opening such street or alley ; and
in case the amount of such compensation cannot be agreed
upon, the same shall be ascertained by six disinterested free-
holders of said town, v^^ho shall be summoned by the jus-
tice of the peace of said town for that purpose.
§ ti. The said jurors, so impanneled to ascertain the
dainages which will be sustained by the opening or altering
of any street or alley by any owner or ownerg of property,
shall, before entering upon duty as such jurors, be sworn
by such justice to truly and impartially inquire into and as-
certain tiic amount of such damages, and inquire into and
ascertain the amount of said damages, and return to said
justice their inquest, in writing, signed by each of said ju-
rors; which inquest shall, by such justice, be laid before
the town council at its lirst meeting thereafter ; and either
party may appeal therefrom to the circuit court of DuPage
county, in such manner and upon such terms as may be
prescribed by ordinance.
§ 3. In the assessment of such damages, the jury shall
take into consideration the benefits as well as injury to
TOWNS — INCORPORATED. 879
such owner or owners of property proposed to be taxed feu*
openinty or altering a street or alley, by such opening or
alteration.
§ 4. That tlie town council shall have power to levy Levy special tax
and collect a special tax on the owners of lots on any street
or part of a street, according to their respective fronts, for
the purpose of grading or paving or otherwise making the
sidewalks on said street or part of a street.
§ 5. That the lot in front of which any sidewalk shall sidawaiks.
be made shall be taxed to pay at least one-half of the ex-
penses of making such sidewalk, in addition to the regular
tax, which shall be assessed and collected in the same man-
ner as other taxes.
ARTICLE VIII.
MISCELLANEOUS PROVISIONS.
Section 1. The inhabitants of the town of Lombard are Exempt from
hereby exempted from working on any road beyond the l\de towniimits"
limits of said town, and the payment of any road tax levied
by authority of the county court or other county authori-
ties; and the entire jurisdiction and control of the roads,
highways and bridges in said town shall be held and exer-
cised by the town council provided for by this act.
§ 2. The town council, for the purpose of keeping the iiihawtants to
streets, alleys, lanes, avenues and highways in said town jufe'ys.^etc!'^'^^'^'
in repair, are authorized and empowered to require every
able-bodied male inhabitant of said town, over twenty-one
years of age and under fifty, to labor on said streets, alleys,
lanes, avenues and highways any number of days not exceed-
ing three in each year ; and any person failing to perform
sucli labor, when duly notified by the street commissioner,
or other authorized ofiicer of said town, shall forfeit and
pay the sum of two dollars to tiaid town for each and every
day so neglected and refused.
§ 3. The town council shall have power to provide for Misdemeanor,
the punishment of ofi'enders against any ordinance of said ^e and penalty
town, by imprisonment in the county jail not exceeding
thirty days for any one oflense, in all cases where such
offenders shall tail or refuse to pay the fines and forfeitures
which may be recovered against them.
§ •■5. All suits for fines or penalties in and for the vio- auitsiusiituted
lation of any ordinance shall be in the name of the town of '"^ °«™« °f town
Lombard ; and the town council shall have power to regu-
late, by ordinance, the form and nature of the first and
any subsequent process, and the mode of executing the
same.
§ 5. The corporation hereby created shall not be re- Not reqiued to
1 • -i. \ 1 i. r • 1 .• x> T ^^t^'" security
quired, in any suit brought lor a violation ot any ordinance ,orcost.
' of said town, to file, before the commencement of such suit,
or during the pendency thereof, any security for costs.
8 so TOWNS — INCOKPORATED.
May declare § 6. Whenever the justice of the peace or constable
office vacant. i^gj-giQ provided for shall remove from said town, resign or
die, or either of said offices shall become otherwise vacant,
the town council shall immediately provide for filling such
vacancy by election.
Proof of act. § 7. This act is hereby declared a public act, and may
be read in evidence in all courts of law and equity in this
state, without proof; and upon its going into eflect, all acts
and parts of acts contrary to or inconsistent with the pro-
visions of this act, are hereby repealed.
§ 8. This act shall take effect and be in force from and
after its passage.
ArpKOVED March 29, 1869.
Name and style.
^ , ,r u AN ACT to incorporate tlie town of Malta, in the county of De Kalb,
In force March ^ j\m„^-„
29, isee. Illinois.
ARTICLE I.
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 Malta, in the county of De Kalb,
and state of Illinois, are hereby constituted a body politic
and corporate, by the name and style of " The President
and Trustees of the Town of Malta ;" and, by that name
and style, have perpetual succession, and may have and use
a comm.on seal, which they may change and alter at pleas-
ure, and in whom the government of the corporation may
be vested and by whom its affairs shall be managed.
Corporate pow- § 2- "^^^ inhabitants of said town, by name and style
eis. aforesaid, may sue and be sued, implead and be impleaded,
defend and be defended, in all courts of law and equity and
in all actions whatever, and purchase, receive and hold
property, real and personal, within and beyond the limits
of said town, for burial grounds and for other purposes, for
the use of the inhabitants of said town, and may sell, lease
or dispose of property, real or personal, for the benefit of
said town, and improve and protect such property, and do
all things in relation thereto as natural persons.
Boiiudaries of § ^' That all thosc tracts of land embraced within the
the town. foliowiug bouudarics, to-wit: Commencing at the north-
east corner of the nortn-west quarter of section twenty-
three (23); thence west one hundred and sixty rods (160),
to the northwest corner of said north-west quarter of sec-
tion twenty-three (23); thence south, on section line between
, sections twenty-three (23) and twenty-two (22), two hundred
and eighty rods (280); thence east eighty rods (80); thence
TOWNS IN0ORPORA.TEr). 8Sl
north eighty rods (80); thence east forty rods (40); thence
north eighty rods (80), to the place of beginning, be and
the same is hereby declared to be within the limits or
boundaries of said town of Malta.
ARTICLE II.
Section 1. On the Monday before the first Tuesday in Election oi
April of each year, the inhabitants of said town shall elect
four trustees and one president of the board of trustees,
one clerk of said board, and one treasurer, and one justice
of the peace, (to be styled a police justice), and one consta-
ble, who shall hold their offices for one year or until their suc-
cessors are elected and qualified, except the justice of the
peace and constable, who shall, after the next quadriennial
election for justice of the peace and constable, hold their
office for four years ; which said justice of the peace and
constable shall qualify in the same manner and have the
same jurisdiction and be subject to the same liabilities as
ether justices of the peace and constables.
§ 2. The president of the board of trustees of said town Powers of the
shall be, ex officio, a member of the board of supervisors of P'^'^*^'^''""'
De Kalb county, and shall have the same powers as any
other supervisor of said county or member of said board
aud receive the same compensation for the same services.
§ 3. F. li. Brundage, C. W. Haish and E. W. Lewis, .fjjfg^^^ °^ ^■^'-'
or any two of them, shall be judges of the first election
under this act ; after which the president of the board of
trustees, the treasurer and clerk of the board, shall be
judges of the election. Said election to be conducted in
accordance with the laws of this state. Ten days' public
notice of the time and place of holding any election of
trustees shall be given by the judges of the election, by ad-
vertisement in any weekly newspaper published in said
ti>wn, or by posting up three notices in the most public
places in town.
§ 4:. No person shall be elected as president of the Qmiifica-ion
b'->ard of trustees or trustee of said town who shall not have °^ '^«^'"^'^*-' =*■
been for one year previous to such election a resident and
bona fide freeholder within the corporate limits of said
town : and at all such elections any person who shall be
qualitied to vote for state and county officers and shall have
a residence within the limits of said corporation for sixty
(60) days previous to such election, not being there for the
purpose of being educated or other temporary object, may
enjoy the rights of an election.
§ 5. The trustees shall be judges of election, qualifications Election returns
and returns of the president and of their own members and
of clerk and treasurer. A majority of the trustees shall
constitute a quorum to do business, but a smaller number
may adjourn, from day to day, and compel the attendance
Vol. Ill— 111
882 TOWNS — mCOKPOKATED.
of absent members, in such manner and under such penalty
as they may provide, and punibh the members for disor-
derly conduct, and, by a vote of three-fuuitlis of the whole
number elected, expel a member; and make such other
rules and regulations for their government as to them may
seem proper and expedient, and shall have power to fill any
vacancies in tlie board of trustees, president, clerk or treas-
urer, occasioned by death, resignation, removal or continued
absence from the toM^n for three months : Provided^ they
shall not appoint one of their number to any such office ;
and the president shall in no cases be entitled to a vote ex-
cept in case of a tie.
street labor, § 6. The president and trustees shall have power :
how perfonned. ^/,.5.^_To cause all the streets, alleys and public roads
within the limits of said town to be kept in good repair,
and, to this end, may require every able-bodied male rt-si-
dent of said town, over the age of twenty-one (21) and
under the age of sixty (60) years, to labor on the same not
exceeding three (3) days in each year; and, if such labor
be insutficient for that purpose, to appropriate so much of
the general funds of the corporation as they shall deem
necessary therefor.
Second — To open, alter, vacate, widen, extend, establish,,
grade, pave or otherwise improve any streets, avenues,
lane^, alleys or public roads, within the limits of said town,
leculses''^ ^°'" Third— To levy and collect taxes upon all property, real
and personal, within the limits of said corporation, not ex-
ceeding one half per cent., per annum, upon the assessed
value thereof, and may enforce the pajunent thereof in any
manner, to be prescribed by ordinance, not repugnant to
the constitution of the United States and of this state ; and
the clerk of the board shall certify to the county [clerk] pre-
vious to the annual meeting of the board of supervisors the
rate of all taxes levied by said board.
Ennning at FouHh — To restrain, regulate or prohibit the running at
andcattie'^'^'^^^^ large of cattle, horses, sheep, swine, goats and other ani-
mals, and to authorize the distraining, impounding and sale
of the same, and to prohibit any indecent exhibition of
horses or other a'limals.
Dogs at largo. Fifth — Tu prevent and regulate the running at large of
dogs, and to authorize the destruction of the same when at
large conti-ary to any ordinance.
Fastdrivins. ISixth — T.> prcveut liorse-racing orany immoderate racing,
riding or driving, within the limits of said town, of horses
or other animals; to proiiibit the abuse of animals ; to com-
pel persons to fasten their horses or other animals attached
to vehicles or otherwise, while standing or remaining in any
street, alley or public road of said town.
PubUcpound. Seventh — To establish and maintain a public pound and
appoint a poundmaster and prescribe his duties.
TOWNS — INCORPORATED. 883
Eighth — To restrain and prohibit all description of garab- Gambiin-, etc.
litii^ and fraudulent device, and to suopress and prohibit
billiard table>, ball alleys and other gaming estai)lishinent8:
Prooided^ they may have power to license billiard tables,
ball alleys or other places of exercise and amusement.
ninth — To suppress and orohibit disorderly houses or suppress dis-
1 , ' "^ X' Ml J.' ■ orderly houses.
groceries and houses or ill-iarae.
Tenth — To license, regulate and prohibit all exhibitions Exhibitions,
of common showmen, shows of every kind, caravans, cir-
cuses, exhibitions and amusements and auctions.
Eleventh — To prevent, suppress and prohibit any riot or wots, affrays
fray or disturbance or disorderly assemblage, assaults, as- ^^^ '^'nuits.
saults and batteries, or shooting within the limits of said
town.'
Twelfth — To make regulations to prevent the introduc- contagious dis-
tion of contagious diseases into the town, and execute the ^^^^^'
same for any distance, not exceeding two miles from the
limits thereof.
Thirteenth — To abate and remove nuisances, and punish Abate nuisances
the authors thereof, and dehne and declare what shall be
nuisances in said town or for any distance, not exceeding
two miles, from the limits thei'eof, and authorize and direct
the summary abatement of the same.
Fourteenth — To regulate the storage of gunpowder and combustibles,
other combustible materials.
Fifteenth— To provide for the prevention and extinguish- Fire department
ment of fires, and to organize and establish fire companies.
Sixteenth — To provide the town with water, for the ex-
tinguishment of tires and for the convenience of the inhab-
itants.
Seventeenth — To provide for inclosing, improving and Public grounds.
regulating all public grounds and other grounds belonging
to said town.
Eighteenth — To provide for the erecting of all needful Needfuibuiid-
buildings for the use of said town. '°^^"
Nineteenth — To make all necessary regulations to secure General health.
the general health of the inhabitants thereof.
Twentieth — To license, regulate, suppress and prohibit Prohibit ?aie
the selling, bartering, exchanging and ti'affic of any wine, of'^'dentspints.
rum, gin, brandy, whi&ky, ale or strong beer, or other in-
toxicating liquors, within the limits of said town, and to
prevent giving away the same by any trader, dealer, shop
or tavern-keeper, to be used as a beverage.
Twenty-first — To appropriate and provide for the pa}'^- iDdebtedcess.
ment of any debt or expenses of the town, and fix the com-
pensation of town otficers.
Twenty second — To make all ordinances which shall be Power to pass
d.' • • , . • . I ordinances,
proper tor carrying into execution the pow-
ers specified in this act, or which they may deem necessary
or expedient for the better regulation of the internal pdice
of said town, and to execute the same, and to impose fines.
of officer*.
cle.k
884 TOWNS — mCOBPOEATED.
forfeitures and penalties for the breach of any ordinance or
any of the provisions of this act, and to provide f )r the re-
covery and the appropriation of such fines and forfeitures
and the enforcement of such penalties : Provided^ that in
no case, except in assaults, assaults and batteries, riots or
aflVays, shall any such fine or penalty exceed twenty-five
(25) dollars for any one otfense.
Aonointment 8 7. That the president and trustees of said town shall
nave power to ap]M)int street commissioners, board ot health,
and all other ofiicers that may be necessary, and to pre-
scribe their duties, and may require bonds from the several
ofiicers for the faithful discharge of their duties.
Dmies of the § 8. The president and trustees shall require their clerk,
and it shall be his duty, to make and keej) a full and faith-
ful record of all their proceedings, by-laws and ordinances,
and of the time and place and manner of the publication
of such ordinances and by-laws, in a book to be provided
for that purpose ; and all ordinances, before taking eflect,
shall be published at least ten days in a newspaper pub-
lished in said town or by posting up copies of the same in
three of the most public places of said town. The book,
purporting to be the record of the corporation of the town
of Malta, or a certified transcript therefrom, shall be received
in all courts, without further proof, as evidence of all such
matters therein contained,
A'l a'^^'io^Y'^'^ § 9* -^^J fine? penalty or forfeiture incurred under this
corporaUuu. act or any by-law or ordinance made in pursuance of this
act, or any act that may be passed amendatory to this act,
may be recovered, together with costs, before any justice of
the peace, in the corporate name ; and the several fines, for-
feitures and penalties for breaches of the same ordinances
or by-laws, not exceeding one hundred dollars, may be re-
covered in one suit ; and the first process shall be a sum-
mons, unless oath or afiirmation be made for a warrant by
some credible person ; but in all cases of assaults, assault
and battery, afi'ray or riot, a warrant shall issue for the
arrest of the ofiender or offenders, in the same manner as
for like offenses against the laws of this state. It shall be
lawful to declare for debt, generally, for such fines, penal-
ties or forfeitures, stating the clause of this act or the ordi-
nance or the by-laws under which the same are claimed,
and to give the special matter in evidence under the declar-
ation ; and the justice shall proceed to hear and determine
Execution may the cause, as in other cases. Upon the rendition of judg-
issue ou rondi- ment for any such fines, penalties or forfeitures, tiie iustice
shall issue his execution tor the same and costs oi suit,
which may be levied upon any of the personal property of
the defendant or defendants, not exempt from execution.
If the constable sliall return such execution " no property
found" or not sufiicieut to satisfy the same, then the justice
shall issue a capias against the body of the defendant or
TOWNS — INOORPOKATED. 885
defendants, and the constable shall arrest such person or Duties of the
persons and commit him or them to the jail of the county, <=°°'"^'''^^®-
to remain niuety-six (b^j) hours ; and if the judgment and
costs exceeds live (5) dollars theu to remain in close custody
in said jail twenty-four (24) hours for every one dollar over
and above the said live (5) dollars, and so in proportion to the
amount of the judgment and costs: Provided, however, if
the said president and trustees, or their attorney, shall re-
quire a transcript of the judgment and costs to be certilied
to the clerk of the circuit court of the proper county, to
have the same levied upon real property, and signify the
same in writing to him, he shall not issue a capias, as afore-
said, but shall, without delay, certify a transcript 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 judg-
ment rendered in the circuit court : Provided, that an ap-
peal may be granted within five days after the rendition of
judgment, with the same force and effect, rights and privi-
leges to all parties as in other cases.
§ 10. The president and trustees shall not be required, Nottofiiese-
in suits instituted under this act or ordinances passed by ^"'^^'^^^°'^'°**^'
virtue thereof, to file, before the comniencement of any suit,
any security for costs.
§ 11. All tines, forfeitures and penalties received or Fines paid to
collected for the breach of any ordinance passed under the ^"^'^ 'rea^mer.
provisions of this act, and all moneys received for licenses,
shall be paid into the treasury of said corporation by the
oflicer or person receiving the same.
§ 12. The inhabitants are hereby exempted from work- Exempt from
ing on road beyond the limits of the corporation and from 6°de\own°iii°its"
paying any tax upon property within its limits to procure
laborers to work upon any such road.
§ 13. To make, contract and keep in repair sidewalks or constrnctionof
pavements in front of any lot or lots, adjacent to any street sidewalks,
or streets in said town, and to make it a general tax on the
inhabitants living or owning property within the limits of
the corporation, and to be collected as other taxes.
§ 14. This act to be declared a public act, immediately
after its passage, and may be read in evidence in all courts
of law and equity within this state, without proof.
Approved March 29, lS6kl.
ers
8S6 TOWNS — INGOKPORATED.
In force March AN ACT to incorporate the town of Mecbanicsburg.
26, 1869.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the Geney'ol Assemhly, That the in-
habitants and residents of the town of Mechanicsbiirc^, in
the county of Sangamon, and state of Illinois, be aud they
are hereby constituted and decLired a body politic and cor-
Nameandstyie porate, by the name and style of '' The Town of Mechan-
icsburg; and, by that name and style, shall have perpetual
succession, and may have and use a common seal, which
they may change or alter at pleasure.
Corporate pow- § 2. The inhabitants of said town, by the name and
style aforesaid, shall have power to sue and be sued, to
plead and be impleaded, to defend and be defended, in all
courts of law and equity and in all actions whatsoever ; to
purchase, receive and hold property, real and personal,
within or beyond the limits of said town, for burial grounds
and other public purposes ; to sell, lease or convey pro-
perty, real and personal, for the use of said town, aud pro-
tect and improve any such property, as the public good
may require,
Bonndaries of § 3. The fjllowiug district of country shall be included
corporation. within the boundaries of said town of Mechanicsburg, to-
wit : Embracing all of section No. twenty-six (26), in town-
ship sixteen (16) north, range three (3) west of the third
principal meridian, aud all additions that may hereafter be
added to said town.
Powers vested § 4. The government of said town shall be invested in
m council. ^ town couucil, to consist of five members, to be elected an-
nually, by the qualified voters of said town, and who shall
hold their offices for one year, till their successors are elec-
ted and qualified.
Qualifications § 5. The town council shall, at the first annual meeting
memiJTrs™* "^ after clcction, proceed to elect one of their number presi-
dent; and shall judge of the qualifications and returns
of its own members, and shall determine all contested elec-
tions in such manner as may be prescribed by ordinance.
Quaiiflcation § *-^* "^^ pcrsou shall be elected a member of said town
for members, councll, who has uot attained the age of twenty-one years,
and who has not resided in said town one year next pre-
ceding an election — a citizen of the United States and a
hona fide freeholder in said town.
Office vacated. § 7. If any member of the town council shall, daring
the term of his olfice, remove from the limits of the corpora-
tion, his office shall thereb}^ become vacant.
Journal of pro- § 8. The towu couucil sliall keep a journal of its pro-
ceedings, and shall have power to fill all vacancies which
may occur therein, by death, resignation or otherwise :
Provided, the vacancy shall not exceed three months.
ceediugs.
TOWNS — INOOKPOBATED. 887
§ 9. Each member of the town council, before entering oathof ofUee.
upon the duties of his office, shall take and subscribe au
oath, before any person authorized by law to administer
oaths.
§ 10. A majority of the town council shall constitute a Qnomiutocio
quorum to do business ; but a smaller number may adjourn ^^^^''^■"'■
from day to day, and compel the attendance of absent
members under such tines and penalties as may be pre-
scribed by ordinance, and shall have power to determine
the rules of their own proceedings, punish a member for
disorderly conduct, and with the concurrence of two-thirds,
expel. a member.
§ 11. Whenever a tie shall occur in the election of Tie vote, tow
members of the town council, the judges of the election '^^^-^■
shall certify the same to the police magistrate of the town,
who shall determine the same by lot, in such manner as
may be prescribed by ordinance.
§ 12. On the lirst Monday of April, A. D. 1869, an elec- j.^,^|f^';|'°^ "^
tiou shall be held in said town of Mechanicsburg, for the
purpose of electing the five members of said town council ;
and forever after, on the first Monday in April, of each
year, au election shall be iield for said offices.
§ 13. On the first Monday of April, A.D. 18t)9, there shall Eicctioi of
also be elected at the same time and place one police magis- frlte! ™'^"'''
irate of the town of Mechanicsburg, who shall hold office
lor four years and until his successor is elected and quali-
fied ; and forever thereafter, on the first Monday of April
every four years, an election shall be held for the election
of a police magistrate, and whose jurisdiction, powers, duties,
functions and emoluments shall be the same as is provided
for in " An act for the better government of towns and
cities, and to amend the charters thereof," approved Febru-
ary 27, 185tl:.
§ 14. Ten days' notice of the first election, under this thirst eiec ion.
act, shall be given by William Radclifl', A. T. Thompson
and J. H. Northcott, who also shall prescribe the manner
in which elections shall be conducted, and cause to be posted
in three of the most public places in said town written or
printed notices of such election, stating the object and time
and place of holding said election, the hour of day at which
the polls shall be opened and the hour of the day at which
they shall be closed.
§ 15. All persons who are entitled to vote for state of- Qaaiifleationof
ticers by the laws of this state and who shall have been an ^°^'^''*-
actual resident of said town sixty days next preceding any
election held under the provisions of this act, shall be en-
titled to vote at any such election.
§ 16. The town council shall have the power and au- Power to lovy
thority to levy and assess and collect a tax or taxes upon all lecuLes.*^ '^"'"
property, real, personal and mixed, within the lin)its of the
corporation of said town, which is now or may hereafter be
888 TOWNS — INCORPORATED.
subject to taxation for state or county purposes, not ex-
ceeding one per centum, per annum, upon the assessed
value thereof; and may 'assess and enforce the collection of
the same by any ordinances, not repugnant to the constitu-
tion of the United States or of this state ; or the president
and town council may, if they think proper so to do, by
ordinance, adopt the annual assessment made of the prop-
erty in said town by the township assessor^ and cause the
same to be collected by the township collector, and to be
collected with the county and state taxes ; and the same
fees shall be paid by said town for actual service herein
done as may be provided by the revenue laws of this state.
Sale of rea! ^ 2^. And the towu council are hereby authorized and
estate lor taxes. o ' t p i i •
empowerea to provide lor the sale ot personal property
for the taxes due thereon, as also for the real estate for
taxes due thereon, in such manner as may be prescribed by
ordinance : Provided^ that such ordinances are not incon-
sistent with the constitution of the United States or of this
state.
Appointment of § ]^3_ The towu council shall have power to appoint a
clerk, treasurer and assessor, town constable, collector,
street commissioner, and such oLher officers as may be
judged necessary for carrying into effect the power con-
ferred upon said corporation by this act, and to require
them to give such bonds, with security, and to take such
oaths as may be deemed necessary to insure the faithful
performance of their respective duties, before entering up-
on the discharge of the same, and who shall possess the
same qualifications as is required of a member of the town
council, and shall have power to appropriate money and
provide for the payment of the debts and expenses of the
General health, town ; to make regulations to secure the general health of
the inhabitants of the town ; to declare what shall be
Nuisances. deemed a nuisance, and to prevent and remove the same ;
to open, alter, vacate, widen, extend establish, grade, pave
or otherwise improve any street, avenue, alley, lane or pub-
Pubhc buildings \[q grounds or roads within the limits of said town ; topro-
vide for the erection of all needful public buildingsfor the use
of said town ; to establish markets and market places and tor
puba™grouuds ^^^ government and regulations thereof, and to provide for
the inclosing, laying oif and improving all public grounds,
squares and burial gi'ounds belonging to said town.
Auctioneers, § 19. To license, tax and reii;ulate auctioneers, mer-
"DCdolcrK etc '
chants, retailers, taverns, or ordinaries, grocers, hawkers
and peddlers, brokers and money changers; to tax, license
Shows and and regulate or suppress and prohibit all exhibitions of
common showmen, shows of every kind, caravans, circuses
and exiiil)ition9 and amusements of every kind, unless got-
ten up in Buid town l)y the citizens thereof.
K'ln.iy"-, *^/ ^ ''^^- '^^^ restrain, rcnuhite and prohibit the running at
caitii', etc. ' ' large of cattle, horses, sheep swine, goats and other animals,
TOWNS — INCORPORATED. 889
and to authorize the distraining, impounding and sale of
the same, and to prevent any indecent exhibitions of
horses and other animals ; to prevent horse-racing or any
immoderate riding or driving within the limits of said
town ; to prohibit the running at large of dogs, and to pro- ^ Knnuing at
vide for the destruction of the same when running at largo ■^''^^"^ '"S^-
contrary to ordinance ; to compel persons to fasten their
horses or other animals attached to vehicles or otherwise,
while standing or remaining in any street, alley, vacant lot
or public road in said town ; to establish and maintain a
public pound and to appoint a pound master and prescribe
his duties, and to establish a sufficient prison for the con-
llnement of [persons guilty] disorderly conduct.
§ 21. To regulate the police of the town ; to impose r?es"iatepo:ice.
lines, forfeitures and penalties for the breach of any ordi-
nance, and to provide for the recovery and appropriations
of such tines and forfeitures and for the enforcement of
such penalties ; to regulate, restrain, suppress or prohibit
billiard tables, ball alleys, faro boards, lotteries, gambling
houses, bawdy houses, disorderly houses and other dis-
orderly establishments : to regulate partition fences and Parapet waiis
the fixing of chimneys and the flues thereof; to erect lamp-
posts, and to sink and keep in repair wells and pumps in
the streets or squares, for the use of the public.
§ 22. The town council shall have power and an- ^^vy special tax
thority, whenever it may be deemed necessary, to levy and
collect a special tax upon all property, real and personal,
within the limits of said town, not exceeding one-half of
one per cent, per annum of the assessment value thereof, for
the purpose of constructing, building and keeping in re-
pairs any sidewalks, crosswalks, drains or culverts, that
may be necessary for the comfort and convenience of the
public ; also to pay any person or persons who have con-
structed or built in front or adjacent to their lot or lots any
suitable and satisfactory sidewalks, in accordance with or-
dinance regulating same.
§ 23. If the assessor and collector, in collecting any ci^ta^J^'or^gPft"
town or special tax, shall find any errors in the calculation
of taxes in his warrant, he shall correct the same, and if ho
shall discover any taxable property omitted in his warrant
he shall note the same, and shall report such property,
with the valuation thereof, to the first meeting of the town
council thereafter, and the town council shall, by an order,
direct the town clerk to enter such property, with the valu-
ation thereof, in the warrant, and he shall compute the
amount of the several taxes due upon such property, and
set them down in the appropriate column in the same
manner as if it had been originally listed ; and the taxes
thereon shall be collected in like manner as other taxes ;
to enforce the payment of all taxes to be prescribed by or-
VoLIII— 112
890 TOWJSS — INCOKFORATED.
dinances, not repugnant to the constitution of this state and
of the United States.
Sale of liqiiorp. § 24r. The town council to have the power and authority
to regulate, suppress or prohibit the retailing, selling, ex-
changing, giving away or traffic of any wines, rum, gin,
brandy whisky, beer or other intoxicating liquors, within
the limits of said town : Provided^ the town council may
grant license for the selling of the same in said town, upon
the following conditions : First. — If a majority of the legal
voters of said town shall at any regular ^election for town
officers vote for the same. Second. — No license shall be
granted to extend beyond the period when the successors
to the board granting the same shall be elected and quali-
fied. Third. — The applicants shall pay into the treasury of
the corporation, for the privilege granted, a sum not ex-
ceeding six hundred dollars, nor less than two hundred
dollars per year, in the discretion of the town council.
Fourth. — The applicants shall execute a bond in the penal
sum of one thousand dollars, with two good sureties, to be
approved by the said town council, conditioned that the
applicant will in all and every respect keep an orderly
house, and will not permit any unlawful gaming, gambling
or any uncivil conduct whatever in or about his preini-
ses. In case of a violation of the said conditions, the per-
son or persons so offending shall be prosecuted upon the
said bonds, and upon conviction shall forfeit his, her or
their said license, and judgment shall be rendered for the
full amount of said bond and costs of prosecution in favor of
the town. And upon application for license, the town
council may [reject or grant the same, in their discretion,
but in no case shall they grant license to more than two
persons to sell spirituous liquors in more than two places
in said corporation, and to prohibit the same on any of the
main or front streets of said town, by ordinance ; and every
person or persons who shall sell, barter or exchange or other-
wise dispose of any vinous, spirituous or malt liquors in
Peua'ty. ^^y quantity whatever or shall permit the same to be done
on his or her premises, in violation of any ordinance regu-
lating the same, shall forfeit and pay to the corporation not
less than twenty-five (25) dollars for each offense, together
with costs of suit, to be recovered before the police magis-
trate of said town or any justice of the peace : Provided.,
that they may allow bona fide druggists to sell the same in
good iaith, for purely medicinal, mechanical or sacramental
purposes, under such rules and regulations as they may
prescribe.
Pnbiicpeaca. § 25. To provido for the punishment of persons who
may at any time disturb the peace of the inhabitants of
said town or the deliberations or proceedings of any re-
ligioug, public or political meetings of said inhabitants.
TOWNS — mCOKPOKATED. SOI
§ 26. To regulate the election of town ofiicers, define Election of om-
their duties, and provide for tlie removal of any person '"''■''""■
holding an ofKce under the ordinances ; to fix the fees and
compeusation of all town officers, jurors, witnesses and
others for services rendered under this act or any ordi-
nance ; to impose fines, penalties and forfeitures for breach
of any ordinance, and to provide for the recovery and ap-
propriation of such tines and forfeitures and the enforce-
ment of such penalties ; and for all fines and penalties, re-
coverable by indictment or action, for any offense com-
mitted within the limits of said town and which are now
required b}' law to be paid in to the county treasurer or the
school commissioner of said county of Sangamon, shall here-
after be paid in to the town treasurer for the use of said
town,
§ 27. Shall have power to make and enforce all ordi- Knforcement of
<J i , , , ordinancea.
nances necessary to preserve good order, government and
harmony in said town, and punish ofi'enders by fine or im-
prisonment, or both, or by work on the streets of said town,
at the I'ate of one dollar per da}', in case where such offen-
ders shall fail or refuse to pay the fines and forfeitures
which may be recovered agamst them : Provided^ that euch
ordinances are not inconsistent with the constitution of the
United States or of this state.
§ 28. The clerk shall keep the corporate seal and all _ nuiic? of the
papers and books belonging to the town ; he shall attend '°'^"<^®*'
all meetings of the town council, and keep a full record
of their proceedings on the journals ; and copies of all
papers duly filed in his office, and transcripts from the
purnals of the proceedings of the tov/n council, certified by
him, under the corporate seal, shall be evidence in all the
courts in like manner as if the originals were produced ;
he shall likewise draw all warrants on the treasury ; he
shall also keep an accurate account of all receipts and ex-
penditures, and shall cause all ordinances passed by the
town to be posted in at least tliree of the most public places
in the town, for the space often days before they shall take
effect or be enforced.
§ 29. The treasurer shall receive all moneys belonging uuties of the
to said town, and shall keep an accurate account of all receipts ''''^'^^^^'^^^•
and expenditures, in such manner as the town council
shall direct. All moneys shall be drawn from the treas-
ury by an order signed by the president, countersigned by
the clerk, issued in pursuance of an order cf the council.
§ 30. The street commissioner shall see that all persons Dutyof street
within the corporate limits owing street labor, shall work '""°'"'^'^'°°''''-
out the same or pay the commutation money therefor, and
report to the town council the names of all persons who
neglect to work out such labor or pay in lieu thereof, and
shall report the names of those who work out the street
labor and the names of those who pay in lieu thereof, and
892 TOWNS INCOKPORATED.
the amount so paid, and the names of all those who are
delinquent ; he shall superuitend the w^orking and repair-
ing ot all streets, highways and sidewalks, collect all assess-
ments for such improvements, and perform such other
duties as the council shall require of him by ordinance.
/ oFcoustabfe^'^^^ § 31. The town constable shall have such powers and
authority and be entitled to such fees and be placed under
such bonds, conditioned for the faithful performance of the
duties of his office, as the town council may require of him
by ordinance and to have the power and authority to exe-
cute all process issued for the breach of any ordinance of
said town, and, for that purpose, his power shall extend
over the county of Sangamon, and he shall have the same
power, jurisdiction and authority, within the limits of said
county, as other constables in all cases possess under the
laws of this state; he is authorized to arrest all persons, on
view, without warrant, who shall violate any of the pro-
visions of this act, or any ordinance of said town made in
l)ursuance thereof, and take him or them before the police
nu'.gistrate of said town, or other justice of the peace, to be
tried and punished, if found guilty, according to the pro-
visions of such act or ordinance. In the absence or disa-
' . bility of said town constable, any constable of said Sanga-
mon county shall have power and authority to act in all
respects as the constable of said town.
oc^Jti^.^ °^o*nH ^ 32. The assessor and collector of said town shall
collector, pertorm all duties m relation to the assessing ot property
for the purpose of levying the taxes imposed by the town
council. In performing his duties, he shall have the same
powers as are or may be given by law to county or town-
ship assessors, and be subject to the same liabilities. On
completing the assessment lists and having revised and
corrected the same, he shall sign and return them to the
town council. The collector shall collect all taxes and as-
sessments which may be levied on all real and personal
property within said town. In the performance of his
duties he shall have the same powers and authority as are
or may be ^iven by law to county or township collectors.
^orcouDcn."*'" § 33. The president shall preside at all meetings of the
town council, and shall have a casting vote, and no other;
and in case of his non-attendance at any meeting, the coun-
cil shall appoint one of their number president, p^'O iem.,
M'ho shall preside at that meeting. The president or any
two members of the council may call a special meeting of
the town council. The president shall be active and vigi-
lant in enforcing the laws and ordinances for the govern-
ment of the town ; he shall inspect the conduct of all sub-
ordinate ofncers of the town, and cause any positive viola-
tions of duty to be punished ; he shall, from time to time,
communicate to the council such information and recom-
mend such measures as in bis opinion may tend to the
TOWNS — INOOEPOKATED. 893
general welfare of the town ; be is hereby authorized to
call on any male inhabitant of said town, over the age of
eighteen years, to aid in enforcing the ordinances and laws
thereof, or in preserving the public peace ; and any person
who shall not obey such call shall forfeit to the town a fine
not exceeding ten dollars, recoverable as other lities are
recovered in said town ; he shall have power, whenever ho
shall deem it necessary, to require of any ofhcer of said
town an exhibit of his books or papers or a report of his
doings as such officer.
§ 34. "When it shall be necessary to take private property Private prop-
-■ • 14. • t 4. Hi.! i- erty taken for
tor opening or altering any street or alley, the corporation improvement of
shall make just compensation to the owner or owners of l^^''^'^' "^'^y^'
such property and pay or tender the same, before opening
or altering such street or alley ; and in case the amount
of such compensation cannot be agreed upon, the police magis-
rate shall cause the same to be ascertained by a jury of
six disinterested freeholders of the town. Whenever all
the owners of property on any street or alley shall petition
the town council shall open or alter the same, but no com-
pensation shall be allowed to the owners for property so
taken. All jurors impanneled to inquire into the amount of
benefits or damages which shall happen to the owners of
property proposed to be taken for the opening or altering
any street or alley shall first be sworn to that effect, and
shall return to the police magistrate their inquest, in writ-
ing, signed by each juror: Provided,, in the assessment of
such damages, they, the jury, shall take into consideration
the benefits as well as the injury happening to such prop-
erty or to the owners thereof by such opening or altering.
The police magistrate shall have power, for good cause
shown, within ten days after any inquest shall have been
returned to him, as aforesaid, to set aside the same and
cause a new inquest to be made.
§ 35. The inhabitants of the townof Mechanicsburg are ,.of|'^™iJo/™;'^
hereby exempted from working on any road beyond the lim- yond the limits.
its of said town, and from paying any tax to procure laborers
to work on the same. The town council shall have power,
and it is hereby made their duty, when it maybe necessary
for the purpose of keeping in repair the streets and alleys
of said town, to require every male inhabitant of said town,
over twenty-one years of age and under fifty, to labor on
said streets and alleys, not exceeding three days in each
year; and any person failing to perform such labor, when
duly notified by the street commissioner of said town, shall
forfeit and pay the sum of one dollar to said town for each
day so neglected or refused : Provided^ the person notified
to perform labor on said streets and alleys shall be allowed
to procure a substitute equally able as himself, or commute
by paying to the street commissioner, within three days
894 TOWNS— INCORPORATED.
from the time of notice, the sum of one dollar and lifty
cents per day for each day assessed.
style of ordi- § 36. The Style of ordinance of the town shall be, " Be
nances. ^i ordained hy the Toion Council of Mechanicshurgy
Sale of property § 37. Whenever it shall bccomo necessary to scU either
for taxes. ,,gpj qj. personal property for the non-payment of taxes,
lying; and being within the limits of said corporation, the
same shall be sold in such manner as may be provided for
by ordinance ; and for the sale of real estate for the non-
payment of taxes shall conform as near as may be practica-
ble to the revenue laws of this state.
Appeals allowed § 38. Appeals shall be allowed from decisions, in all
cases arising under the provisions of this act or any ordi-
nance passed in pursuance thereof, to the circuit court of
Sangamon county, and every such appeal shall be granted
in the same manner as appeals are taken from and granted
by justices of the peace to the circuit court in similar cases
under the laws of this state.
Nottofliosc- § 39. The corporation hereby created shall not be re-
curi.y or cost. ^^^^^.^^ -j^ ^^^ g^^-|. j^fought for a violatiou of any ordinance
of said town to file, before the commencement of any such
suit or during the pending thereof, any security for costs.
The right of trial by jury shall be allowed to any person
charged with a violation of any of the ordinances of said
town, or any of the pi'ovisions of this act. All suits, ac-
tions and prosecutions brought by or against the corpora-
tion hereby created, shall be instituted and prosecuted in the
name of the town of Mechanicsburg. All ordinances may be
proven by the seal of the corporation, and when printed or
published in book or pamphlet form, purporting to be prin-
ted or published in book or pamphlet form by authority of
the corporation, the same shall be received in evidence in
all courts and places, without further proof.
Competent wit- § 40. Any member of the town council or other officer
nesses. ^^^ ^^.^ towh, shall be a competent witness in any suit or
action or prosecution wherein the town of Mechanicsburg
may be a party.
stated meetings g 41. There shall be twelve stated meetings of the
town council in each year, at such times and places as may
be prescribed by ordinance.
Act evidence. § 42. This act is hereby declared to be a public act,
and may be read in evidence in all courts of law and
equity within this state without proof.
Failure to bold ^ 43. Any failure to hold the first election under this
nor[o' Change ''^ct at the Specified time shall not work a forfeiture thereof,
act- ° but the said election may be held on any day thereafter,
by giving the proper notice often days.
§ 44. This act shall take eft'ect and be in force from and
after its passage.
Approved March 26, 1869.
TOWNS — INOOKPOKATBD, §95
Department of State, Springfield, iLLixors,
Novembei-g, 1869.
I, Ldward RujiMEL, Secretary of State of the state of Illinoifi do herphv <• *■« .
certify that the foregoing printed laws are true and perfecrcopfes of tEe "^''*'-
enrolled laws on file in this office, with the exception of the words printed
in brackets, thus: [J. ^
EDWARD RUMMEL,
Secretary of S(att.
INDEX.
INDEX TO PRIVATE LAWS.
VOLUME III.
PAGE .
ABINGDON, KNOX COUNTY.
School, diptricf establishL-tl 407
ADA-SIS COUNTY.
Kailroad, '•Quincy"' and "Mendota,"' see.
Railroad, new i)rivile{:c.':~"Quincy." see.
Townships, incorporated — '• Coatsbnrg''
and "La Prairie,'' see.
ALBION, EDWARDS COLTNTY.
Town incorporated 54S
ALEXANDER COUNTY.
Railroad, new priviletres — "Cairo," sec.
Savings Company, new privilei,'e?—" Cai-
ro," see.
ALTON, MADISON COUNTY.
Railroad, ■• St. Charles"' 218
Railroad, new privileges — " Grafton" 290
AMERICAN central;
Railroad 2 IT
ANNAWAN, HENRY COUNTY.
Town incoiT)orated 557
ARISPIE, BUREAU COUNTY.
Schools, director?, etc 435
ASHLAND, CASS COUNTY.
Tovra incorporatefi ,5(;6
ASHMOKE, COLES COUNTY.
School, district established -141
ASHTON.
School directors 42s
ASTORIA, FULTON COUNTY.
Town incorporated 573
ATHLETIC.
•'Sporiincr,"' see.
AUSTIN TOWNSHIP, MACON COUNTY.
School directors 432
B
BARDOLPH, Mcdonough county.
Town incorporated 5S1
BELLE PRAIRIE CITY, HAMILTON COUNTY.
Toivu iu'-orporaied 5SS
BELLEVILLE, ST. CLAIR COUNTY.
Railroad, new privileges — " Jliirphysho-
ro," 249, 250
Railroad, " Southern Illinois" 2.31, 252
Savings Company, new privileges -lOG, 407
Sportiuir As-sociation, " Gvmnastic" 530
BELVIDERE, BOONE COUNTY.
R.ailroad, new iirivileges— "Ottawa" 253
BETBALTO, MADISON COUNTY.
Town incorporated 697
BLOOMINGTON, McLEAN COUNTY.
School, city 407
Sporting Association, " Sharp.shooters,". . .537
BOONE COUNTY. ^^'^'^'
Railroad, new privileges—" Belvidere,"
BOURBON, DOUGLAS COUNTY.
School, district established 447
S hool. flistrict modified .",19
BOWENSBURG, HANCOCK COUNTY.
Town incorporated go4
BRADFORD, STARK COUNTY,
Town incoruorated CA2
BRl AFIELD, PEORIA COUNTY.
Railroad, siib.scriptions legalized—" Dix-
on, Peori'i," etc., see.
BROADWAY AND DYKE.
Railroad 355
BROADWELL. LOG.-VN COUNTY.
Town incorporated 6'-^
BROWN COUNTY. "
School, district established— "Ebenezer,"
BUREAU COUNTY.
School directors, etc., '• Arisple," see.
CAIRO, ALEXANDER COUNTY.
Railroad, " Vinceimes" 259
Railroad, new privilege.?— '• St. Louis".".!! 256
Savings Company, new privileges — "Dol-
lar" r. 405
CALHOUN COUNTY.
Railroad, " Pana and Clarksville," see
CAMDEN, ROCK ISLAND COUNTY.
Railroad, new privileges — " Mn.scatihe'' -"J-^S
CANTON , FU LTON COUNTY.
Scbiool, district established—" Union" 4">i
CAPITAL, ETC.
"Sprinsifield," see.
CARLIInVILLE. MACOUPIN COL-TXTY.
Railroad. "Jacksonville" r,i
CARROLL COUNTY.
Railroad, new privileges — "Ogle Cnuuty"..324
School inistees. "SaVauna,"see.
To^NTi incorpora(cd, "Lanark," see.
C.VRROLLTON, GREENE COUNTY.
Railroad. "Pana," 151
CARTHAGE, HANCOCK COUNTY.
School, district moditied ';;•^o
CASEY VILLE, ST. CLAIR COUNTY. '
Town incorporated c-'S
CASS COUNTY.
Rai.road, subscriptions authorized— "any
companies" ^gtjg
Railroad, "Peoria, Pekln," etc, see.
Town, incorporated, "Ashland." see.
CENTRALIA. MARION COUNTY.
Schools, citv 409
CENTERVILLE, ST. CLAIR COUNTY.
Town, incorporated — 035
INDEX.
PAGB
CHAMPAIGN COUNTY.
Railroad, new privileges — "Champaign,"'
see.
Railroad " Tolono." sf e.
CHAMPAIGN, CHAMPAIGN COUNTY.
Railroad, new privileges — "Edgar Couiity'"2(il
Railroad, "Havana" 7 303
CHARLESTON, COLES COUNTY.
S'lving.s Company," " Young Men's" 38S
CHEBANSE, KANKAKEE AND IROQUOIS
COUNTIES.
TowD incorporated 642
CHENOA, McLEAN COUNTY.
Town incorporated 635
CHICAGO. COOK COUNTY.
Railroad, "Michigan Air Line" 121
'• "Peninsular" 168
"Rock Palls" 182
" new piivileges — '-Poveston" 289
'• "lUnais River' 263
" "Indi.ana" 264
' ' "Peoria" 290
"Plainfield" 264, 2T0
"St. Charles" 349
" "St. Louis" 350, 351
'■ "Vincennes" 261
" subscriptions authorized — "Vin-
cennes" 355, 356, 358
Savings Compan}', "German'' .,391
" "Secure Depository" 395
Sporting Company, "Sharpshooters" 539
Stock Exchange 544
CHRISTIAN COUNTY.
Railroads, "Pann," see.
CICERO, COOK COUNTY.
TowD, new privileEes C66
CLAY CITY, CLAY COUNTY.
Town incorporated CSO
CLAY COUNTY.
Town incorporated "Clay City,"' fee.
CLINTON COUNTY.
Records, transcribing 382
COATSBURG, ADA318 COUNTY.
Town incorporated (iS5
COLES COUNTY.
Railroad, new privileges — "Mattoon,"' see.
Savings Company, "Charleston," see.
School, dist. established — "Ashmore," see.
" " modified — "range 11 east,
etc.." see
COLONA', henry COUNTY.
Schooljdistrict modified 521
COOK COUNTY.
"Chicago," pee.
"Drainage CommL'sioners.'" see.
Schools, directors, etc., "T. 33, R. 11," see.
" district modified, "T. 42, R. 12,"
see.
Schools, district modified, "T. 35, R. 14 and
15," see.
Schools, town, "Glencoo," see.
Town iQcorporated, "Glencoe and Jefi"er-
£on,'' see.
Town, new privileges — "Cicero," see.
COURT CREEK.
Railroad, new privileges -7^
CROSS.
Railroad -iTl
CUBA, FULTON COUNTY.
Town Incorporated 632
D
DAKOTA, STEPHENSON COUN I'V. \
Town incorporated TOl
DANVILLE, VERMILION COUNTY.
Railroad, "Mendota" U
" "Paris" .^
" new privileges— "Chicago" i,?
"Pekin- ~"
PAGE.
DECATUR, MACON COUiSTY.
Railroad, ' 'Mattoon" 1
"Peoria" 173
" new privileges—" East St.
Louis 275, 2S0
Railroad, new privileges — "Indianapolis". .280
" " "Pekin" 333
School, district modified .522
DE KALB COUNTY.
T.^-RTi incorporated, "Malta," see.
DIRECTORS.
"Schools," see.
DIXON, LEE COUNTY.
Railroad, "Quincy" 5
" new privileges, "Hannibal"... .283
" " "Quincy"... 2S3j 284
" subscrintions legalized — "Hanni-
bal"".". 372.373
DOLLAR.
Savings Company, new privileges 405
DORCHESTER, MACOUPIN COUNTY.
Town incorpora'ed 707
DOUGLAS COUNTY.
School, district established — "Bouibon"
and "Tuscola," see.
School, district modified — "Bourbon," fee.
DOUGLAS TOWN, IROQUOIS COUNTY.
School directors, etc 4iJj
DRAINAGE COMMISSIONERS.
Cook county SOT
DUBUQUE AND SIOUX CnY.
Railri-'Ud, "Illinois Central,"' see.
DU PAGE COUNTY.
Town incorporated, "Lombard," see.
DU QUOIN, PERRY COUNTY.
Charter. Old Town 72T
Railroad, "Golconda"' SO
" "St. Louis" 218
E
EAST ST. LOUIS, ST. CLAIR COUNTY.
Railroad, new privileges — ' Broadway,"
etc 255
Raiiroad, new privileges — "Decatur". .275, 280
Savings Company, new privileges 405
Sr.ockYaid ." 546
EBENEZER. BROWN COUNTY.
School, district established 453
EDGAR COUNTY.
RaUroad, "Paris,'" see.
" new privileges, "Champaign" 261
" subscriptions legalized — "Indiana
and Illinois," see.
School, district established — "Paris," see.
EDWARDS COUNTY.
Town incorporated, "Albion,"" see.
EPFINGAAM COUNTY.
Railroad, "Effingham," see.
School, dislricr established — "Mason," see.
EFFINGHAM, EFFINGHAM COUNTY.
Railroad, "Sprinc:field" 198
ELMWOOD, PEORIA COUNTY.
Railroad, new privileges— 'Alississippi'. . .286
" subscriptions legalized — "Dixou,
Peoria." etc.. see.
EL PASO, VVOODFORD COUNTY.
Railroad, new privileges — "Kankakee"' 288
ELWOOD, WILL COUNTY.
Town incorporated TOT
EVANSVILLE AND SOUTHERN ILLINOIS.
Railroad 11
EVANSVILLE, RANDOLPH COUNTY.
Town incorporated 714
EXCHANGE.,
"Stock,'" see.
F
FAIRBURY, LIVINGSTON COUNTY.
Railroad, new privileges — "Northwest-
ern" 288, W9
INDEX.
Ill
TAOE.
FARMINGTON, FULTON COUNTY.
Railroad, "Peoria" 17(1
FAYETTii COUNTY.
Railroad, "V.Mudalia,'" see.
FAYET'l'EVILLE, SJ'. CLAIR COUNTY.
Town incorporated 7';3
FOUD COUNTY.
Railroad, "Paxtoii,''sce.
FORESTON, OGLE COUNTY.
Railroad, uew privileges — •'Chicago," 289
FRANKLIN COUNTY.
Records, transcriliiug 38'J, 384
Tow I inrorporated, "'Frankfort," t-ez.
FRANKFORT, FRANKLIN COUNTY.
Town jncorpor.i fed 72T
FRBEPORT, STEPHENSON COUiNlY.
itailroad, "Monroe and Superior" 21
FULTON CITY, WHITESIDE COUNTY.
Railroad, "Havana" 43
FULTON COUNTY.
Railroad, "Farmlngtoa" and "Lewistovvn,"'
see.
School, district established — "Canton,' see.
Tov?n incorporated, "Astoria" and "Cuba"
see. .
G
GALESBURG, KNOX COUNTY.
Railroad, new privileges— "Rock Island,"'. .291
GALL.VTIN COUNTY.
Railroad, new privileges— ''Shawneetow.!,''
see.
GARDNER, GRUNDY COUNTY.
To-ivn imorporated 727
GENESEO, HENRY COUNTY.
Railroad, uew privileses — "Oquawka." see
GEORGETOWN, VERMILION COUNTY.
Town iacorporatecl 7(;s
GERMAN.
Savings Bank, Chicago 891
GILLESPIE, MACOUPIN COUNTY.
Town incorporated Tgg
GILMAN, IROQ.UOIS COUNTY.
Railroad, "Springfield" 212, 232,295
" '-Wilmington" ''26
GLENCOE, COOK COraTY.
School, directors, etc 755
Town incorporated 744
GOLCOND A, POPE COUNTY.
Railroad, Du Quoin on
GRAND PRAIRIE, IROQUOIS COUNTY.' "
Railroad, "Cieceut" ^j-i
GRAFTON, JERSEY COUNTY.
Railroad, ntw privileges— "Alton" 595
Town incorporated '*75q
GRAYVILLE .AND M A TTOON.
Railroad, new privileges 300
" subscriptious anthorized.. . neo
GREENBUSa, WARREN COUNTY. "
School, district modilied "io^
GREENE COUNTY. '
Railroad, '•Car/ollton,'" see.
" subicriptious authorized — anv
companies " 3g8
Town iniorporaJed, "Kane,"' see.
GREENVIEW, MENARD COUNTY.
Town incorporated 772
QRIDLEY, McLEAN COUNTY.
Town incorpor.ited 7tr
GRUNDY COUNTY. ^
Town incorporated, "Gardner." <-ee
GYMNASTIC. ' '
"Sporting," see.
PAGE.
HAMILTON, HANCOCK COUNTY.
Railroad, new privileges— "Eastern'".. 301, 302
" subscriptions authorized— '-Easi-
ern" b60
Railroad, subscriptions legaliz-?d—" East-
ern" 375
Railroad, taxes, "Eastern" SHU
HAMILTON, JERSEY COUNTY.
Schools, to^vn 534
HANCOCK COUNTY.
Railroad, "Sonora" and "Warsaw,'" «ee.
Railroad, new privileges, "Hamilton," see.
Records, transcribing 385
School, city, "Nauvoo," see.
School, district modified, "Carthage,"' see.
Town incorporated, ''Bowensbura,'' see.
HANNIBAL AND NAPLES.
Railroad, subscriptions legalized 370
HARRISBURG. SALINE COUNTY.
Railroad, "Greut Northern" 37
HARRISTOWN, MACON COUNTY.
School, district modified 53,^
HAVANA, MASON COUNTY.
Railroad, "Tnltou City" 43
Riilroad, "Lewistowu" sg
Railroad, new privileges, "Champaign"'. . . !303
HELVETIA. ^
■•HiL'liland," see.
HEN1)ERS0N COUNTY.
Railroad. "Oquawka,"" see.
HENRY COUNTY.
R iiroad, "Geneseo" and "Kewanee," see.
School, district modified, "Coloua,"' see.
Town iucorporated, •'Annawan." ree.
HENRY'. MARSHALL COUNTY.
School, disirict established 459
HEYVt^ORTH, j\icLEAN COUNTY.
T.jvm incorporated is'>
HIGHLAND, MADISON COUNTY.
Sporting Association, '-Helveria Sharp-
shooters" 544
ILLINOIS CENIR.VL.
Railroad, new privileges— (Dubuque and
Sioux Citv lease) sqr
ILLU^'OIS FARMERS'.
Railroad, new privileges 303
ILLINOIS GRAND TRUNK.
Riiilror.d, new privileges 307
ILLINOIS SOUTH. EAS I'ERN.
Rail'-oad, new privileges 808, 315
ILLIOPOLIS, SANGAMUN COUNTY.
School, disirict modified 505
Town incorporated " 789
INDI.iNA AND ILLINOIS CENTRAL.
Riiiiroad, subscription-- le'-'aliz.ed 37s
INDIANAPOLIS AND ST. LOUTS.
Railroad, new privileges 316
IROQUOIS COUNTY.
Raiiroad. "Gilman" and "Grand Prsirie,"
f-ee.
R:iiiroad, new privileges, -'Gilm.in," gee.
School airectors, '•Duutrlas town" and "T"s
2(5 and 27, R. 12," see.'
Scho 1 aistrict modified, "T'.s 29 and SO. K
11,"' see.
Town incorporated, -'ChebanBe"' and "Lo-
da," see.
IRVING, fllONTGOMERY COUNTY.
Town incorporated 799
H
H.\MILTON COUNTY.
School, disttict modiflpd, ''T. 4, R 6 " gee
To-wn incorporated— "Betl Prairie," see.
JACKSON COUNIY.
Railroad, new priTilege."
•'Murphysboro,
IV
INDEX.
PAGE.
JACKSONVILLE, MORGAN COUNTY.
Railroad, "Caiiiuville" 51
" "Ohio River" 53
" new privileares— "Peoria"' 3f5
JEFFERSON, COOK COUNTY.
Towu incorjiorated S02
JEFFERSON COUNTY.
Railroad, subscriptions legalized — ''Mt.
Vernon,"' see.
JBPPERSONVILLE, WAYNE COUNTY.
Town iiicorporuted 808
JERSEY COUNTY.
Railroad, new privileges — "Grafton," see.
School, directors, "T. 8, R. 11," see.
" town, "HamiltoLi," see.
Town incorporated, "Grafton,"' see.
JO DAVIESS COUNTY.
Raih-oad, subscriptions legalized — "War-
ren,'' .';ec.
JOLIET, WILL COUNTY.
Railroad, "Mendota" 55
JONESBORO, UNION COUNTY.
Railroad, Cape Girardeau 29
K
KANE COUNTY.
Railroad, new privilege? — "St. Charles,"
see.
Railroad, subscriptions authorized — "Otta-
wa, Oswego, etc.," see.
Railro.<)d, subscriptions legalized — "St.
Charles," see.
KANE, GREENE COUNTY. v
Towu incorporated 816
KANKAKEE COUNTY. ,^
Railroad, "Kankakee," see.
" Bubsciiptions authorized — ''Chi-
cago and Vinceunes" and "Kankakee,"'
see.
School, district established — ' Momeuce,''
see.
School, district modified, "Kankakee" and
•'T's29andSn, R. il," see.
Town incorjiorated, "Chebanse," see.
KANKAKEE, KANKAKEE COUNTY.
Railroad, Illinois River (11
" Indiana ^',^
" new privileges— "El Paso" 2S8
School, district modified 5^9
KENDALL COUNTY.
Railroad, subscriptions authorized— "Otta-
wa, OsweKo, etc.," see.
KEWANEE, HENRY COUNTY.
Railroad, "J\Iiisc:itine, etc."' 131
KICKAPOO, McLEAN COUNTY.
School, district established 404
KINDERHOOK, PIKE COUNTY.
Town incorporated S25
KIN.MUNDY, .UAKION COUNTY.
"Rnilroad. "Paua"' 75
KNOX COUNTY.
R:nl'0!id, now privileges— "Court Creek"'
and '-Galesburg," see.
School, district established- "Abiuudon,"'
sec.
LACON, TiIARSHALL COUNTY.
Railroad, subscriptions legalized— '•Hamil-
ton," t-tiO.
Sclu.nl. district modified 530
LAKE ('OUNTY.
School, district niodifle^l. '-Shields,"' see
LANARIC, CARUOLL COUNTY,
Town incmporated . , S31
LA PRAIRIE, ADAMS COUNTY.
Town incorporated S39
PAGE.
LA SALLE COUNTY.
Railroad, "Marseilles," "La Salle" and
"Mendota," see.
Railroad, new privileges— "Ottawa and La
Salle," see.
Railroad, subscriptions authorized — "Ham.
ilton, Lacon and Eastsrrj," and "Ottawa,"
Oswego," etc., see.
RailroaS, taxes, "Hamilton, Lacou and
Eastern," see.
LA SALLE, LA SALLE COUNTY.
Railioad, '-Lafsyette" 77
" new privileges — "Lafayette" 247, ;ilO
LEE COUNTY.
Railroad, new privileges — '-Dixon," see.
LEROY, McLblAN COUNTY.
Town incorporated 848
LEWISTOWN, FULTON COUNTY.
"Havana" 83
LIGHT GUARD.
"Sporting," see.
LITCHFIliLD. MONTGOMERY COUNTY.
Railroad, "Western" 81)
Sporting Association, "Sharpshooters" . . . .541
LIVINGSTON COUNTY.
Railroad, new privileges — "Fakbury,'" see.
" subscriptions authorized, "Ham-
ilton, Lacou and Eastern."' see.
Railroad, taxes, Hamilton, Lacou and East-
ern.
LODA, IROQUOIS COUNTY.
To^vn incorporated 856
LOGAN COUNTY.
Towu iucorpor;Ued, "Bioadwell,"' see.
LOJIB.-VRD, DU PAGE COUNTY.
Towu incorporated ,. ..871
LUCAS, WESLEY B.
Minor, convey land 433
M
MACOMB, McDONOUGH COUNTY.
Railroad, "New Philadelphia"' U4
MACON COUNTY.
Railroad, "Decatur," see.
Schools, directors, "T. 38, R. 1,"' see.
" district established— "Harristown"
and "Niautic," see.
Schools, dist-iet modified, '-Decatur" and
"Harristown," see.
MACOUPIN COUNTY.
Railroad, "Carllnville,' see.
Towu incorporated, '-Dorchester" aud "Gil-
lespie," see.
MADISON COUNTY.
Railroad, "Marine" and ".Vltou," see.
'• new piivileges ;51S
School, directors. "T. 3, R. 10," see.
" district modified, "T's 3, 9 aud 10,"
see.
Sporting Association, "Marine" aud "High-
laud," see. "^
Towu incorporated, "Beth.alto,'' see.
MALTA, DE KALB COUNTY.
Towu incorporated 880
MARINE, MADISON COUNTY.
Rail road ICO
Spurting Association, "Sharpshooters" 543
MARION COUNTY.
Railroad, "Kinmundy," see.
Records, transcribing 385
Scliools, city, "Centralia," see.
" directors. "T. 2, R. '2," sec.
MARION, WILLIAMSON COUNTY.
School, district modified 531
MARSEILLES, LA SALLE COUNTY.
Railroad, "S'reator" 103
JIARSIIALL COUNTY.
Railroad, subscriptions authorized— "Ham-
ilton," see.
Railroad, taxes, "Hamilton," see.
INDEX.
PAGE.
MARSHALL COUNTY.
School, district establislied — ''HeDry," sea.
" district modilied, "Lacon ,'' see.
MASON COUNTY.
Railroaa, "Havana,"' sec.
MASON, EFFINGHAM COUNTY.
Scliool, district estal)lislied 471
MASSAC COUNTY.
Uailroad, '•Metiopolis," see.
MATTOON, COLES COUNTY,
Railroad, ''aravville" 800,300
McDONOUQH COlffNTY.
Railroad, "Macomb,'' see.
" subscriptions authorized any
companies 368
Town incorporated, "Bardolpb," see.
McLEAN COUNTY.
Riiilroac), new privileges— "CeiitvalBrar.ch" 31S
Schools, city, "Bloomington," see.
'• directors, "T. ii6, R. 4,'' see.
" district established— ''Kickapoo,"'
see.
' School.'?, district modified— "T's 22 and 23,
R. 1," see.
Snortinjr Associatioo, "Bloomington," see.
Town incorporated, "Chenoa,"' "Gridley"
and ''Hevworth"" and "Leroy,' see.
MECH-VNICSBURG, SANGAMON COUNTY.
Town incorporated 8SG
MENARD COLTs^TY.
Records, trauBcribiug 336
Towniuc!>rporated, "Greenview,'" see.
MENDON, ADAMS COUNTY.
Rai'road, -'Fowler Slalion" Ill
MENDOTA, LA SALLE COUNTY.
Railroad, "Danville" 112
" "Jolief 05
METROPOLIS, MASSAC COUNTY.
Railroad. "Northwestern"' 116
MERCER COUNTY.
Railroad, subscriptions aathorized— any
companies 36S
MICHIGAN AIR LINE.
Railroad 121
MISSISSIPPI AND MISSOURI.
Railroad, subscriptions legalized STO
MOLINE, ROCK ISLAND COUNTY.
SavincTR Company pgg
MOMEN CE. KANKAKEE COUNTY.
# School, district established 477
MONMOUTH, WARRSN COUNTY.
School?, citv 414
MONTGOMERY COUNTY.
•'Litchfield,"' see.
Town incorporated, "Irving," see.
MONROE COUNTY.
Records, transcribing 387
School, district modilied — "i's 2,'9'and
10," see.
School, town, "Waterloo,'" see.
MORGAN COUNTY.
"Jacksonvi!'",'' see.
MT. CAUMEL, WABASH COUNTY.*
Railroad, "Quincy" I77
'" "St. Louis" o-iQ
MT. VERNON, JEFFERSON COUNTY. "
Railroad, snl)scriplions legalized 14*)
MUKPHYSBORO, JACKSON COUNTY.
Railroad, new privileges— ••Belleville" ..2a, 250
" "Shawueetowu" nn
MUSCATINE.
Kewanee and Eastern 131
and Illinois Railroad '..'.'.'.. .....iic,
and Camden Railroad— new privileges.... "..32:3
N
NAPLES, SCOTT CO.
Railroad, " Vandalia " 141
■»T. „,-C snb. le^ralized. "Hannibal ■"!!.".'3TG
NASH\ ILLE, WASHINGTON CO.
Schools, cit V 414
NAUVOO, HANCOCK CQ.
Schools, ci!y ..420
PAGE.
....470
NIANTIC, MACON CO.
School district established.
o
OGLE COUNTY.
Railroad, new privileges. "Carroll co.". . . 3'J4
„ , ", „ , " "Fore.ston,".sec.
School fund. "White Rock township,"' sec
OHIO AND MISSISSIPPL .
Railroad, new privileges sq-j
OLNEY, RICHLuVND COUNTY.
School district established 4S3
OQU AWKA, HENDERSON COUNTY.-
RaUroad. "Geueseo"' 14;? wa
OTTAWA, LaSALLE COUNTY. ^^- ' ■''^
Railroad, new privileges— "Belvidcre" '2.53
^ " ■' "Fox River "V^aliey".'.'.' .329
Sub. authorized. "Oswego," etc 302, 3(;3
Schools, city 420
PANA, CHRISTIAN COUNTY.
Railroad, -'Carrollton' 151
" "Kinmundy" 7.3
" "Louisiana" '. '.'..'.'.'. . '. .101
" "St. Louis" ' ' . .. .".' 233
" new privileges— "North- westein''"
PARIS, EDGAR COUNTY. '"^^'^' ^^^
Railroad, "Danville"' 144
" ".Meudota'' .'.".".'.'... ! ' 11-'
School district established. "" 4««
PEKIN, TAZEWELL COUiNTY.
Railroad, "^lissksippi" ]62
'' new privileges— •'Danvliie" ..'.'.[ .'274
„ , ", ,, " "Decacui-" 833
School district established 495
" modified vVj
PENINSULAR RAILROAD . 1 es
PEORIA COUNTY.
Railroad. "Peoria," see.
" new privileges. "Elrawood,"see.
' . .'ul). legalized. "Eimwood"' and
■Bnmfleld,''see.
PEORIA, PEORIA COUNTY.
Railroad, "Decatur" 173
" "ij'armington" .'.'.'... .'.' * * .".' .'ng
•' new privileges— ••Chicago'' . . . .' '..'ino
" " "Jacksonville '.00.5
" "Rock Island"... 339
subscriptions anthorized — "Pe-
km. etc 3,54
PERRY COUNTY.
Railroad. ••DuQuoin," see.
PIKE COUNTY.
Railroad. "Pana and Louisiana," see.
subscriptions legalized— •'Han-
nibal and Naplc'^,"' see.
Town i:icorpoiated. "Kiederhook," tee
POPE COUNTY.
Raih^oad. "Golconda,"' sec.
■Q
QUINCY, AD.\MS COUNTY.
Railniao, "Dixon'' 5
" "Mt. Carmel"" '■'.'.'.'.'.. 177
ii lew privileges— "DLson". . . ' M'.ss'Q.Si
'■ "St. Louis' :m
"Warsaw" 341
R
RAILROADS.
Incorporate:
Decatur, Sullivan .lad .Mattoon 1
Dixon and Quincy "' 5
Evansville ond Southern Illmois. ]o
Freeport, Monroe and Superior. . . . ." '.". ' "i
VI
INDEX.
PAGK.
BAILKOADS.
Incorporated:
Gilman and Wilmington 2G
Golcouda and DuQiioin 30
Grand Prairie and Crescent 33
Harrisbnrf; and Great Northern 3T
H avaua, Toulon and Fulton City 43
Jacksonville and Cariinville 51
Jacksonville and Ohio Kiver 53
Joiiei , N. wark and Meiidota . .-. 55
• Jonesboro and Cape Girardeau 59
KaukHkee and Illinois River 61
Kankakee and Indiana 67
Klnmuudy and Pana 73
Lafayeite, Watseka, etc 76
Lewi^towa and Havana 82
Liiciifleld ai)d Western 86
ilacomb and Nevi^ Philadelphia 94
Marine lOO
Marseille - and S treator 103
Meuaon Ill
Mendota, Paxtun and Danville 112
Metropolis and North-western 116
Michigan Air Line 121
Mascatiue and Illinois Kiver 126
Mtiscatiue, Kewanee and Eastern 131
Naples, Eseier and Vandalia 141
Oquawka and Geneseo 143
Paris and Danville 144
Pana, CaiUnville, Carrollton, etc 151
Pana and Louisiana 161
Pekin and Mississippi 162
Peuiusniar 108
Peoria, Atlanta and Decatur 173
Peoria ai.d Farmington 176
Quincy, Pittsti-lri, etc., and Mt. Carmel 177
Rock Falls and Chicago 182
Hockforcl Ceniral 187
Rocklslandand Illinois Kiver 200
■ SoEora 196
Spricgfleid am' North-western ',:05
Spiingtield, Effingham and South-eastern. .198
Springfield, Vv'apella and Gilciau 212
St. Charles and Altou 218
St. liouisand DuQuoin 218
and Evausville 224
M[. Carmel and New Albany 229
Pana and Derrolr 23-3
and South «apiern 238
Warsavv Branch 246
New privilegei :
Amer. Central and LaSalle and Lafayette. .247
Believ He and Murphysboro 249, 250
Bellevi le and hl-outliern Illinois 251, 252
Belvidere and Otawa 253
Broaaway and Dyke 255
C.iiro arc!. St. Lou's 256
Ca ro &ud Vincennes 259
Champaign and Edgar County 261
Chica<:o, D:iuv]lle and Vincennes 261
and Illinois 262
and Iiicliana 264
and Piainlieid 264, 270
Court Creek 271
Cross 274
Danville, Uibant), B oomington, etc 274
Decatur and East St. Louis 275,280
and Indianapolis 230
Dixon, Peoria and Hannib:jl 263
and Quincy 283, 284
Elmwuud i!ud Mi.':Bissippi 285
El Paso, foutiac and Kankakee 2S8
Fairbury, Pontiac and North-western. 288, 2&9
Foresiun and Cl)icagi> 289
Gile^burg and Rock Island 2iil
Gilman, Clinton and Springfield 292, 2ii5
Grafton and Alton 29li
Grayviile and iMatioon .'.'0(i
Hamilton, Lacon and Eastern 301, .■i02
H ivana, Lincoln and Champaign 303
Illinois Central 306
Famers' 306
Grand Trunk 307
Souih-ea.tern 308,315
PAGE.
RAILROADS.
New privileges: 315
Inoianapoiis and St. Louis
LaSalle and Lafayette 316
Madison County .' 318
McLean County, (Central branch) 318
Murpcysboro and Shawneetown 321
Mu^^catiue and Camden 3i3
Ohio and Mississippi 323
Og.e and Carroll County 324
Oquawka and Genesee 326
Oitawa, Oswego and Fox River Valley 329
Pana, Springfield and Nonh-westeru.. 3.^0, 332
Pekin, Lincoln and Decatur S33
Peoria and Chicago 290
Pekin and Jacksonville 335
and Rock Island 339
Quincy, Altou and Sc. Louis.. . , 341
and Warsaw 341
Rocki'ord, Rock I-laud ai.d St. Louis. .342, 346
Shawneetown and El Dorado 34i;
St. Charles .'^9
St. Louis, Alton and Terra Haule 349
JacksouvJlls and Chicago 350, 351
Shelb,rvinc and Tolono 352
Vandalia and Terre Haute .353
Toledo. Peoria and Warsaw 354
Subscription^ — authorized :
Any comp.anies through certain counties . .368
Chicago. Danville and Vincennes. 355, 356, 358
Companies in Rock Island couuty 371
Grayviile and Mattoon , . . .360
Hamilton, Lacun and Eastern 361
Ottawa, 05W>igo and Fox River Val . . .362, 363
Pana, Springfield and North-western. .330, 332
Peoria, Pekin i»nd Jacksonville 364
Rockford. Rock Island r.nd St. L. .36.5, 366, 367
Sonora 372
Subscriptions — ie/alized:
Dixon, Peoria and Hannibal 372, 373
Hamilton, Lacin and Eastern...; 375
Hannibal .lud Naples 376
Indiana and Illinois Central 373
Mississippi and Missouri 376
Mt. Vernon 140
Rockford. Rock Island and St. Louis 377
St. Charles 378
Warren and Monroe 37S
Western Union 379
Taxing :
Hamilton, Lacon and Eastern 333
RANDOLPH COUNTY,
Tovvn incorporated. "Evansville,"' Sfe.
RANGE 11 EAST, COLES COUNTY.
Attach to 10 east 52T
RECORDS.
Transcritiiug:
Clinton county 38?
Franklin county 383, :dS4
HancoctJ couni y 385
Marion couuty 335
Mena»d couniy 3S.S
Monroe countv 387
RICHLAND COUNTY.
School di^trit•t established. "Olnev,'' ece.
ROCK FALLS, WHITESIDE COUNTY.
Railroad, "Chica?o" 182
ROCKFORD, WINNEBAGO COUNTY.
Kailroid, "Central" 187
" new privileges — -'St. Louis". 342, 346
" sub. auth— ''St. Louis". 365, 366, 367
Railroads, subscripiions legalized 377
Savings Cimpanv 401
ROOK ISLAND COUNTY.
Railroad. "Rock Island," see.
" new privileges. "Camden," see.
" subscriptions authorized — any
companies .36S,"371
ROCK ISLAND, ROCK ISLAND COUNTY.
Railroad, "Illinois River'' 200
" new privileges — "Galesburg" 291
" " "Peoria" 337
RUSHVILLE, SCHUYLER COUNTY.
School district established 502
INDEX.
VII
S
SALINE COUNTY.
Railroad. "Harrifbu.re'," see.
SANGAMON COUNTY.
Railroad. "Sprinrfeld,'' see.
School district modified. "Illiopolis," see.
Sporting Asboeiation. "Spriusfleld," see.
Town incorporated. ''Illiopolis," fee.
■' "M-'chaiiicsb.," see.
SAVANNAH, CARROLL COUNTY.
School trustees 12S
SAVINGS COMPANIES.
Incorporaled:
Chicago Secure Depo:5it 395
German Savings Bank 393
Rockford 401
Young Irian's 388
New privileges:
Dollar 405
East St. Louis 405
Spiiiigfield 406
Sr. Clair . 408
SCHOOLS.
City:
Bloomington 407
Centralis !... '...,.'.. .'a(>9
Monmouih \. . .'. 414
Nash^'lUe '...'..'. .414
Nauvoo ...".'.'.'.'. ...!!.4-.iO
Ottaua \[ !!420
Shelbyville. . . ".".'. !!'.'. '."!!<132
Directors and Trustees :
Ashtou Distiict 428
Ari^pe Union 2 and 3 435
Doiigiss Township Union No. 3 485
Savarnah 428
Township north 33, 14east !".".'. ".!'.'. '.4-29
" " S3, 13 east 43f)
" " 2G, 27 west 430
" " 20, 4 east 433
" " 18, 1 east 432
" " 8, 11 west 430
'■ " 3, 10 west 432
" " 2, -2 east 433
" " 1, 8 west 434
Districts Established :
Abingdon 437
Ashmore .' 441
Bourbon 447
Canton Union '.'.'....'.'.'.'.'.'.'... A5i
Ebenezer .'.".'.'.'."."!! .453
Harristown .\\[ 457
Henry Union ■■....'....'.'. .'.4^9
Kickapoo Uuion ,,[ 464
Mason .'.'.'.'.'.'.'.'.'.. A'il
Momence Uuion '■■'.'.'.'.'.'...'.'. A"!!
Niantic Union 479
oiuey ;;:;;;;"!;."485
Pans Union 48S
Pekin '..'.'.'.....' 495
RnshTille Union ..'.'........'..... 502
Tuscola Union " " "'511
Districts .Modified :
Bonrbon 519
Carthage '..;'.'.!;■ ■.■.'.520
Colona 621
Decatur 520
Greenbush '....'.'.'......'..'... '523
Harri.'^town s-Js
Illiopoliii .'...!'.'. ,525
Kankakee '...'..'........ ...[529
Lacon Union 6.-;0
Marion '■'.'.'.'..'..'.'... C<31
Pekin '.'.'..'...'.'.'.'.'..'.'. .'533
Range 11 east to 10 east, .!........... 520
Shields 5ag
Township north 42, 12 ....52i
" " 36, 14 and 15 !!.... 621
'• 22 and 22, 1 east 533
_ " 3, 9 and 10 west. . .• 630
Township south 4, 6 east 524
" " 2, 9 and 10 west .....63-2
SCHOOLS.
Fund:
White Rock Township 435
Towns:
Glencoe 755
Hamilton .'.524
Waterloo 534
SCHUYLER COUNTY.
Railroad subscriptions authorized, anv
companies .."_. ..sgrf
School di-trict established "Rushvilie" see.
SCOTT COUNTY.
Railroad. "Naples" see.
Railroad subscriptions authorized, acy
companies 353
Railroad subscriptions authorized. "Rock-
ford and Rock Island, etc.," see.
Railroad subscriptions legalized. "Win
Chester" ?ee.
SHARPShiOOTlNG.
"Sportiug" see.
SHAWNEETOWN, GALLATIN COUNTY.
Railroad, new privileges— "Eidorado" 848
_ " " " "Murpliysboro" .301
SHELBY COUNTY.
Schools, citv. "Shelbyvillp" see.
SHELBYVILLE, SHELBY COUNTY.
Schools, city 4'.'
SHIELDS, Lake COUNTY.
School distiict— modified 533
SONORA, HANCOCK COUNTY.
Railroad, "Hami Iton" igg
Railroad subsc intinns authorized.. 372
SPORTING ASSOCIATIONS.
Belleville "Gymnastic" 530
Bloomington "Sharpshooters" 537
Chicago •' 530
Highland '• 544
Litchfield " ....... .'.'.'.'.541
Marine " '.'...'... .543
Springfield "Athletic'' S^
" "Light Guard" ..' 540
SPRINGFIELD, SANGA.mON COUNTY.
Railroad, "Gilman" o'2
'• North Western............. '.!'.!!205
" South Eastern 193
'• new privileges. "Gilman".. ?92,295
^..'" , „, " '■ Pana and
Noith Western" see.
Savings Company, new privileges 40C
Sporting Association, Athletic 538
" ' '• Light Guard 5<0
STARK COUNTY.
Town incorporated. 'Bradford" ^•ec■
ST. CHARLES AND ALTON.
Railroad .jig
! ST. CHARLES, KANE COUNTY.
i Railroad, new privileges, "Chicago" 349
i " snbscriniions legalized S78
j ST. CLAIR COUNTY.
"Belleville" aud "East St. Louis" see.
School Directors. "Township 1, 8." see.
I Town incorporated. "Cascyvi!le".see.
i " " " Ceutieville'' and
I Favettevilie"sec.''
; STEPHENSON COUNTY.
'■ Railroad. "Freepoit" see.
1 Town incorporated. "Dakota" see
ST. LOUIS RAILROADS.
; Alton and Tene Haute 349
' and DuQuoin '.'...'!! 218
and Evansville '.'.'..'...'.'.'.'.. .224
and South Eastern 238
j Jncksouville and Chicago...!.'..!.!.!.' 350
I Mt. Carme! and New Albany '. '. '. ! '! 229
I P:ina and Detroit ! ..!!!!! !233
I Shelbyville and Tolona .!!!. !352
i VandaM^ and Terre Haute • 4-3
[ STOCK EXCHANGE.
I Chicago ■ fi44
j STOCK y:(Ved.
East St. Louis 546
8TREAT0R, LaSALLE COUNTY.
( Railroad, "Marseilles"' 103
VIII
INDEX
TAZEWELL COUNTY.
'•Pekiu" see.
TOLEDO, PEORIA AND WARSAW.
Railroad, new prm]e2:es 354
TOLONO, CHAMPAIGN^COUNTY.
Railroad, new privileges, "St. Louis 352
TOWNS,
lacorporate:
Ali)ion, Edwards coirnty 54S
Aunawan, Henry county 557
Ashland, Cass county 566
Astoria, Pulton county 575
Bardolpli, IMcDonoucjh county 581
Belle Prairie City, Hamilton county 588
Bethalto, Madison county 59T
Bowensburu'. Hancock county CO-1
Bradford, Stark county 612
Broadweil, LoL'an couity 022
Caseyville, St. Clair county 6:.'8
Centerville. St. Clair county G36
Chcbanse. Kankakee and Iroquois counties.(J43
( 'hcuoa, McLean county 655
Clay City, Clay county 680
f'oatsburg, Adams county 6S5
fUiba, Pultou county 692
Dakota, Steiibeuson county 701
Dorchester, Macoupin county 7(i7
Elwood, Will county 707
Evansville, Randolph county 714
Fayetteville. St. Clair county 723
l^'rankfort, Franklin county , 727
Gardner, Gruady county 727
Gillespie, Macoupin county 736
Glencoe, Cook county . . .744
Grafton. Jer.soy county 759
Georgetown, Vermilion county 7C8
Greenview, Metard county 772
Gridley, McLean county 776
Hey worth, McL?an county 7S2
Illiopolis, Sangamon county 7S9
Irving, Montgomery county 799
Jefferson, Cook county 802
Jeffersonville, Wayne counly 808
Kane, Greene county 816
Kinderhook, Pike county 825
Lanark. Carroll county S31
LaPrairie, Adams county 839
Lc/oy, McLean county 848
Loda, Iroquois county 856
Lombard, DuPage county 871
Malta, DeKalb county 880
Mechauicsburg, Sangamon county 886
Nf.w privileges :
Cicero, Cook county 6(J6
TOVfNSHIPS, NORTH.
42, 12, Cook county, school districtjmodi-
fied 521
38, 14, Cook county, school director 4£9
35, 14 and 15, Cook countj', school district
modified 521
3.1, 15, Will county, school director 436
29 aud 30, 11, Iroquois and Kankakee coun-
ties, school district modified 529
26 aud 27, 12, Iroquois county, school di-
rector 433
26, 4, McLean county, school district modi-
fied -: . . .'')32
13, 1, Macon county, school director 432
8, II, Jersey counly, school director 430
3, 10, Madison county, school director 432 1
3, 9 and I'l, Madison county, school district
modified .530
2, 2, Marion county, school director 433
1, S, St. Clair county, school director 434
TOWNSHIPS, SOUTH.
4, t>, Hamilton county, school district modi-
fied C24
2, 9 and 10, Monroe county, school disirict
modified .' 532
TRUSTEES.
''Schools" see.
TUSCOLA, DOUGLAS COUNTY.
School district established
u
UNION COUNTY.
Railroad. "Jonesboro"' see.
UNION SCHOOL DISTRICTS.
Arispie 435
Douj; las Township 435
Henry.' [45^
Kickapoo 464
Lacon i .. . .".'.■". 530
Momence 477
Niantic 479
Paris '..'..'.!!!'.'.'. ;488
Rnshville 502
Tuscola .'.v. .'..'.'.'. 511
V
VANDALIA, PAYETTE COUNTY.
Railroad. "Naples' ' . . 141
VERMILION COUNTY.
Railroad. New privileges. "Danville" see.
" subscriptions authorized. "Chi-
cago and Vincennes"' see.
w
WABASH COUNTY.
Railroad. "Mt. Carmel" sec.
WARREN < OUNTY.
Railroad subscriptions authorized, any com-
panies 3G3
Schools, city. "Monmouth" see.
Schools, district modified. "Greenbush" see
WARREN, Jo DAVIESS COUNTY.
Railroad subscriptions legalized. Monroe,
Wisconsin 378
WARSAW, HANCOCK COUNTY.
Railroad ^ 246
" New privileges. "Quincy " 341
„ „ " ■' 'St. Louis'' 355
WASHINGTON COUNTY.
Schools, city. "Na.'^hville"' sp(^.
WATERLOO, MONROE COUNTY.
School township ,. 534
WAYNE COUNTY.
Township, incorporate. "Jeffersonville"' see
WESTERN UNION.
Railroad, subseription.=! legalized. 379
WHITE ROCK TOWNSHIP, OGLE COUNTY.
School fund 486
WHITESIDE COUNTY.
Railroad. "Pulton City"'- and "Rock Falls"
see.
WILL COUNTY.
Railroad. "Joliet" see.
School director. "Township 33, 13" see
Town incorporate. "Elwood" see.
WILL TOWNSHIP, WILL COUNTY.
School director . . 430
WILLIAMSON COUNTY.
School district modified. "Marion" see.
WINCHESTER, SCOTT COUNTY.
Railroad subscription legalized. "Rockford"
etc 877
WINNEBAGO COUNTY.
"Rockford" see.
WOODFORD COUNTY.
Railroad, new privileges. ElPaso 288
YARD.
".Stock" see.
YOUNG MEN'S.
Saving Aesociation. "Charleston'
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