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ILLINOIS STATE LIBRARY SPRINGFIELD
1348 ILLI 1839-40
Illinois. Laws, statutes, etc. Laws of the State of Illinois passed by the 11th General Assembly 0Q39604
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LAWS
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THE STATE OF ILLINOIS,
PASSED By
THE ELEVENTH GENERAL ASSEMBLY,
Their Special Session, began and held at Springfield, on the ninth of December, one thousand eight hundred and thirty-nine.
PUBLISHED IN PURSUANCE OF LAW.
ILLINOIS STATE LIBRARY
3 1129 00702 485 4
SPRINGFIELD :
William Walters, Public Printer.
"1840.*
LAWS
AN ACT to amend "An act concernins; the FubKc Revenue, approved In force, Feb. 26th Feb. 1839." 1,1840.
Sec. 1. Be it enacted by the People of the State o/ ///z- Assessors to nois, represented in the General Assembly, That hereafter as- "^^J'^'^g ^^["'"""^ sessors shall have till the first Monday of June annually to Monday in make their returns to the Clerks of the county commission- June, ers' courts of their respective counties; and vmv person feel- ing aggrieved by reason of the assessment of his or her proper- Pe].sons ag- ty, shall be allowed until the September term of the county ^^rieved may commissioners' court of the proper county, in each year, to^Pi'*^^'- appeal to said court for the purposes set forth in the twelfth section of the act concerning the public revenue.
Sec. 2. The clerks of the county commissioners' courts of Clerksto the several counties, shall, immediately after the September t''^"^™^' term of their courts, annually, and by the first day of October, Auditor, transmit by mail to the auditor of public accounts, a state- ment, as required by the thirteenth section of the act concern- ing the public revenue, and hereafter shall deliver to the col-r^Q deliver to lectors of their respective counties, the list of taxable proper- collector, list ty returned to them bv the assessors, on or before the second °^'^^'^^'^^'^ Monday of September, annually. property.
Sec. 3. Hereafter, collectors shall annually, and within Collectors to ten days after the times of holding the first terms of the cir- pay over into cuit courts of their respective counties, account to the audi-^''*'']^ '^^'^''^^"" tor of public accounts for, and pay into the State treasury, all collect™L"^^^ moneys collected by them for the use of the State, deducting therefrom their commissions for collecting the same: Provid- ed, That if the times of holding the term of any of the circuit courts should be previous to the first Monday in March, then, and in that case, the collectors of such counties shall in like manner account for, and pay into the State treasury, all such moneys, within ten days after the said first Monday in March.
LAWS OF ILLINOIS.
Collectors to Sec. 4. The collectors of the several counties heietofore
teYsioTol''^" appointed, or hereafter to be appointed or elected, shaM have
time. an extension of time for making a final and annual settlement
with the county commissioners' courts of their respective
counties, until the first Monday of June. They shall also
make returns to the several circuit courts as required by the
twenty-fifth section of the act to which this is an amendment,
at least five days previous to the first day of the term of their
circuit courts respectively: they shall also be authorized to
Delinquent publish the delinquent list of lands and tov^n lots in any new^s-
lishedin any'P^P*^^' i" ^'^^^ State, which, in the opinion of the collectors,
newspaper has the most extensive circulation in their respective coun-
having the _ ^ies; and in case any collector shall fail to make report of the
most ext'nsive r-i- j. ^ i i ^jir , /-.i
circulation, persons tailmg to pay taxes on lands, at the first term of the
circuit court, then he shall make such report to the next suc- ceeding term of the court, and the said circuit court shall proceed as though application had been made to the first term of the circuit court, to give judgment as is now provid- ed for by law. If any collector shall fail to comply with any Penalty on of the provisions of this act, or the act to which this is an collectors for j^j^g^jjj^g,^^ jj^ relation to advertising delinquent lands, he 'luty. shall be liable to a penalty of one hundred dollars, to be col-
lected by an action of debt before any justice of the peace, or in the circuit court of his county, in the name of the coun- ty commissioners of the county. Assessors to ^^c. 5. Assessors shall also be required to value and as- value proper- sess any lands or town lots not included in the list of lands ^y- and town lots furnished them by the clerks of the county com-
missioners' courts, which they may ascertain to be liable to , taxation.
Sec. 6. The thiity-second section of the act to which this is an amendment, is hereby repealed. Persons Sec. 7. So much of the act, to wdiich this is an amend-
names need j^Qj^t as requires the names of all persons listing taxable pro- not be m al- ' ^ . '^ • ■ i , ■ ■ , ^i
phabetic?.! or- perty to be arranged and written in alphabetical order, be,
der. and the same is hereby repealed; and assessors are hereby
allowed to arrange and take the names of persons listing pro- perty in any manner most convenient to said assessor; except in listing lands, the lands shall be arranged by townships, ranges and sections, in numerical order.
Fees to Sec 8. The following fees and compensation shall be al-
lowed to the several officers and persons herein named, for services rendered under this, and the act to which this is an amendment. To sheriffs, for each tract of land or town lot sold for taxes, ten cents, to be collected as costs, and in the same manner as the principal sum: for each sheriff's deed, twenty-five cents, to be paid by the person receiving such deed. So much of the sixty-second section of the act to which this is an amendment, as allows collectors ten cents for each tract of land or town lot sold for taxes, be, and the same is hereby repealed. To clerks of the circuit court, for
ofEcers.
LAWS OF ILLINOIS. 5
receiving and recording the collector's return, six cents for each tract of land or town lot contained in said report, which shall be taxed as costs, and collected in the same manner as the principal sum; and no clerk, sheriff, collector or other of- ficer, shall be allowed to charge any other fees for services rendered under this act and the act to which this is an amend- ment, except those expressly granted and allowed to be charged. There shall be allowed collectors of the several counties in this State, ten per cent, on the first five hundred dollars of revenue which they may collect, and six per cent, on all sums above that amount; and collectors shall be allow- ed to have one or more deputies — such collector being in all cases responsible for the acls of his deputy.
Sec. 9. So much of the thirty-fiist section of the act to Thirty-first
which this is an amendment, as requires the clerk of the cir-^^*r'^°° ^J^^^ c • 1 /-111 1 . 1 ^ct to which
cult court to lurnish a copy oi the colJectors report to the this is supple- sheriff, be, and the same is hereby repealed. The word "of" mentary re- in the seventeenth line of the first section of the act to which P^'''^ this is an amendment, shall be construed as the word "and."
Sec. 10. The Secretary of State is hereby required, so soon g^^^'^^^^^'^^Jg^ as this bill becomes a law, to have, without delay, three copies to publish dfis of this bill printed for each county in this State, and forward act on its pas- the same without delay, by mail, to each of the following sage, county officers: One copy to the clerk of the circuit court, one copy to the clerk of the county commissioners' court, and >
one copy to the sheriffof each and every county in this State.
Approved, Feb. 1st, 1840.
AN ACT fixing the time of holding the Circuit Courts in the Eighth In force Feb. Judicial Circuit. 1, 1840.
Sec 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the Circuit Courts of the several counties in the eighth Judicial Circuit, shall here- Time of hold- after be holden at the county scats of said counties, at the ing courts in times following, to m it: ^'^^'^ "^""^*-
In the County of Sangamon, on the first Mondays in March, Sangamon, second Monday in July, and second Monday in November.
In the County of Tazewell, on the Thursdays before the first Tazewell. Mondays in May, and the Thursdays before the fourth Mon- days in September.
In the County of McLean, on the second Mondays in May, McLean, and first Monday in October.
In tne County of Livingston, on the third Monday in May, Livingston. and second Monday in October.
In the County oi De Witt, on the Thursdays after the third De Witt. Mondays in May, and the Thursdays after the second Mon- days in October.
In the County of Macon, on the fourth Mondays in May, Macon, and third Mondays in October.
LAWS OF ILLINOIS.
Dane, (now In the Countv of Dane^ on the first Mondays of June, and
chnsnan co.) ^^^^,^^ Mondays in October.
^°S"^"' In the County of Logan^ on the Thursdays after the first
Mondays in June, and the Thursdays after the fourth Mondays in October.
In the County o{ Menard^ on the second Mondays in June, and first Mondays in November.
Sec. 2. All wiits, or other process which may have been issued out of any of said courts since the last term of the same, or which meiy hereafter be issued previous to this actbeingre- ceived by the clerks of said courts respectively, shall be deemed and are hereby made returnable on the first day of the next term thereof, to be held by virtue of this act; and all proceed- ings, both civil and criminal, which are now pending therein, shall be disponed of according to law in the same manner as if no alteration had been made in the times of holding said courts. Approved, Feb. 1st, 1840.
Menard
Writs and process.
Body politic and corpo- rate.
Name and slyla.
Boundaries.
City to bo di vlded into wards.
What lands may be an- nexed 10.
Powers.
AN ACT to incorporate the city of Springfield. ARTICLE I.
Boundaries and general powers.
Sec. 1. Be it enacted by the People of the State of Illinois ^ represented in the General Assembly, That the inhabitants of the town of Springfield, in the county of Sangamon, and State of Illinois, be and they are hereby constituted a body politic and corporate, hy the name end style of the City of Springfield, and by that name shall have perpetual succession, and may have and use a common seal, which they may change and alter at pleasure.
Sec. 2. All that district of country enclosed within the fol- lowing boundaries, to wit: Being in Sangamon county and State of Illinois, one mile square; the State House is [being] the centre of [said city of Springfield.]
Sec. 3. The President and Board of Trustees of the town of Springfield, shall on or before the first day of March next, eras soon thereafter as practicable, divide the said city of Springfield into four wards, as nearly in population as practicable, particularly describing the boundaries of each.
Sec. 4. Whenever any tract of land adjoining the city of Springfield shall or may have been laid off into town lots and duly recorded as required bylaw, the same shall be an- nexed to and form a part of the city of Springfield.
Sec. 5. The inhabitants of said city, by the name and style aforesaid, shall have power to sue and be sued, to implead and be impleaded, defend and be defended in all courts of law and equity, and in all actions whatever. To purchase, receive and hold property, real and personal, beyond the city, for burial gi-ounds, as for other public purposes, for the use of the inhabitants of said city. To sell, lease, convey or dis-
LAWS OF ILLINOIS. 7'
pose of property real and personal for the benefit of the city, and to improve and protect such property, and to do all other things in relation thereto as natural persons.
ARTICLE II.
Of the City Council.
Sec. L There shall be a City Council, to consist of a Mayor and Board of Aldermen. Mayor and
Sec. 2. The Board of Aldermen shall consist of one mem- ^^'^^^^™^°' ber from each ward, to be chosen by the qualified voters for two years.
Sec. 3. No person shall bean Alderman unless at the time of his election he shall have resided six months within the Qnalificatlona limits of the city, and shall be at the time of his election ^oi AXdei-men, bona fide free-holder in said city, and twenty-one years of age, and citizen of the United States.
Sec 4. If any Alderman shall after his election, remove from the ward for which he is elected, or cease to be a free- Office when holder in said city, his office shall thereby be vacated. vacant.
Sec 5. At the first meeting of the City Council the Alder- men shall be divided by lot into two classes, the seats of those Classes of of the first class shall be vacated at the expiration of the Aldermen, first year, and of the second class at the expiration of the second year, so that one-half of the Board shall be elected annually.
Sec. 6. The City council shall judge of the qualifications, elections, and returns of their own members, and shall deter- Elections and mine ail contested elections. returns.
Sec. 7. A majority of the city council shall constitute a quorum to do business, but a smaller number may adjourn Quorum. from day to day, and compel the attendance of absent mem- bers under such penalties as may be prescribed by Ordinance.
Sec 8. The city council shall have power to determine the rule of its proceedings, punish its members for disorderlyTIxpuMon of conduct, and with the concurrence of two-thirds of the °^^^^'^*^'^^' members elected, expel a member.
Sec. 9. The city council shall keep a journal of its pro- ceedings, and from time to time, publish the same, and the-^^^^^j."^ yeas and nays when demanded by any member present, shall ^^""^ be entered on the Juornal.
Sec. 10. No Alderman shall be appointed to any office under the authority of the city, which shall have been creat- Aldermen ed or the emoluments of which shall have been increased ^^ces under during the time for which he shall have been elected. city.
Sec 11. All vacancies that shall occur in the Board of Aldermen, shall be filled by election. Vacancies.
Sec 12. The Mayor and each Alderman, entering upon the dudes of their office, shall take and subscribe an oath ^^^'^'"^"^^^ "That they will support the Constitutionof the United States, and of this State, and that they will well and truly perform the duties of their office to the best of their skill and abilities."
8 LAWS OF ILLINOIS.
Sec. 13. Whenever there shall be a tie in the election of Tie, how de- Aldermen, the Judges of election shall certify the same to termiend. the Mayor, who shall determine by lot in such manner as shall be provided by ordinance.
Sec. 14. There shall be twelve stated meetings of the city Stated council in each year, and at such times and places as may be
meetings. prescribed by ordinance.
ARTICLE III.
Of the chief Executive officers. Sec. 1. The chief executive officers of the city shall be a Mayor, how Mayor, who shall be elected by the qualified voters of the elected. city, and shall hold his office for one year, and until his suc-
cessor shall be elected and qualified.
Sec. % No person shall be eligible to the office of Mayor, Qualifications who shall not have been a resident of the city for one year for Mayor, next preceding his election, or who shall be under twenty- one years of age, or who shall not at the time of his election be a bona fide freeholder in said city, and a citizen of the United States.
Sec. 3. If any Mayor shall, during the time for which he Office of shall have been elected, remove from the city, or shall cease Mayor. ^q j^e a freeholder in said city, his office shall be vacated.
When vacant. Sec 4. When two or more persons shall have an equal Tie, for number of votes for Mayor, the Judges of election shall
Mayor. certify the same to the city council, who shall proceed to de-
termine the same by lot in such manner as may be provided for by ordinance.
Sec. 5. Whenever an election of Mayor shall be contested, Contested the city council shall determine the same, in such manner as election. jj^^^y j^g provided by ordinance.
Sec. 6. Whenever any vacancy shall happen in the office Vacancy,howof Mayor, it shall be filled by election.
fiJ'ed. article IV.
Of Elections.
Sec 1. On the third Monday of April next, one election
First election, shall be held in each ward of said city, for one Mayor for the
city, one alderman from each ward, and forever thereafter, on
the third Monday of April after, each year there shall be an
Annual election held for one Mayor for the city, and two aldermen
election. ^^^^ ^^^ ^^ ^^le Wards, the first election held for Mayor and
Aldermen shall beheld, conducted, and returns thereof [made]
as may be provided by ordinance of the present Trustees of
the town of Springfield.
Sec. 3. All free white male inhabitants, citizens of the
Qualifications United States, of the age of twenty -one years, who are en-
of voters. ^j^j^^ ^^ ^.^^^ ^^^ g^^^j^ officers, and who shall have been actual
residents of said city six months next preceding said election,
shall be entitled to vote for city officers: Provided., That said
Proviso. voters shall give their votes for Mayor and aldermen in
wards in which they respectively reside, and in no other; and
LAWS OF ILLINOIS. 9
that no vote shall be received, at any of said elections, un- less the person offering such vote, shall have been an actual resident of the ward w^here the same is offered, at least ten days next preceding such election.
ARTICLE v.
Of the Legislative powers of the city council.
Sec. L The city council shall have powers and authority to Tax to be levy and collect taxes upon all property, real and personal, ^^"'^'^* within the city, not exceeding one-half per cent, per annum upon the assesed value thereof, and may enforce the payment of the same in any manner prescribed by ordinance not re- pugnant to the Constitution of the United States and of this State.
Sec. 2. The city council shall have power to require of all Officers to officers appointed in pursuance of this charter, bonds with S^^^^m^ and penalty and sccui ity for the faithful performance of their res- pective duties as may be deemed expedient, and also to re- quire all officers appointed as aforesaid to take an oath for the faithful performance of the duties of their respective offices upon entering upon the discharge of the same.
Sec. 3. To establish, support, and regulate common schools, To borrow to borrow money on the credit of the city: Provided, That no^on^y. sum or sums of money shall be borrowed at a greater interest schools, than six per cent, per annum, nor shall the interest on the ag- Proviso, gregate of all the sums borrowed and outstanding ever exceed one-half of the city revenue arising for taxes assessed on real property Avithin the corporation.
Sec. 4. To make regulations to prevent the introduction of Contagious contagious diseases into the city, to make quarantine laws for f^iseases. that purpose, and enforce- the same. kws'''°^'°^
Sec 5. To appropriate and provide for the payment ofthe Expenses of debt [and] expenses of the city. city.
Sec 6. To establish hospitals, and make regulations for the government of the same.
Sec 7. To make regulations to secure the general health Health of of the inhabitats, to declare what shall be a nuisance, and to i°^^^^'^"*^- prevent and remove the same.
Sec 3. To provide the city with water, to dig wells and Wells and erect pumps in the streets for the extinguishment of fires, and pumps. convenience of the inhabitants.
Sec 9. To open, alter, widen, extend, establish, grade, Improvement pave, or otherwise improve and keep in repair streets, avenues, °^ ^""^^'®* lanes and alleys.
Sec 10. To establish, erect, and keep in repair, bridges. Bridges.
Sec II. To divide the city into wards, and specify the Wards and boundaries thereof, and create additional wards, as the occa- boundaries, sion may require.
Sec 12. To provide for lighting the streets and erecting Lamps and
la^PP«s^^- . , &%ht watch-
Sec. 13. To establish, support, and regulate nightwatches.es.
10
LAWS OF ILLINOIS.
Markets. Sec. 14. To erect market kouses, establish markets, and
market places, and provide for the government and regulation thereof.
Sec. 15. To provide for erecting all needful buildings for the use of the city.
Sjec. 16. To provide for enclosing, improving, regulating aJl public grounds belonging to the city.
Sec 17. To license, tax, regulate auctioneers, merchants and retailers, grocers, taverns, ordinaries, hawkers, pedlars, brokers, pawn brokers, and money changers.
Sec. 18. To license, tax and regulate hacking, carriages, wagons, carts and drays, and fix the rates to be charged for the carriage of persons, and for the wagonage, cartage, and dray- age of property.
Sec, 19. To license and regulate porters and fix the rates of porterage.
Sec. 20. To license and regulate theatrical and other ex- hibitions, shows and amusements.
Sec 21. To tax, restrain, prohibit and suppress, tipling houses, dram shops, gaming houses, bawdy and other disorderly houses.
Sec 22. To provide for the prevention and extinguishment of fires, and to organize and establish fire companies.
Sec. 23. To regulate Hie fixing of chimneys and the flues thereof, and stove pipes.
Sec. 24. To regulate the storage of gunpowder, tar, pitch, rosin, and other combustible materials.
Sec. 25. To regulate and order parapet walls and parti- tion fences.
Sec 26. To establish standard weights and measures, and regulate the weights and measures to be used in the city, in all other cases not provided for by law.
Sec 27. To provide for the inspection and measuring of lumber and other building materials: and for the measurement of all kinds of mechanical work.
Sec. 28. To provide for the inspection and weighing of hay, lime, and stone coal, the measuring of charcoal, fire wood, and othor fuel, to be sold or used within the city.
Sec 29. To provide for and regulate the inspection of to- bacco, and of beef, pork, flour, meal, and whiskey in barrels.
Sej. 30. To regulate the weight, quality, and price of bread sold and used in the city.
Sec 31. To provide for taking the enumeration of the in- habitants of the city.
Sec 32. To re'gulate the election of city officers, and pro- vide for removing from oflice any person holding an office created by ordinance.
Sec 33. To fix the compensation of all city officers and regulate the fees of jurors, witnesses and others, for services rendered under this actor any ordinance. City police. Sec 34. To regulate the police of the city, to impose fines, and forfeitures and penalties, for the breach of any ordi-
Buildings.
Public grounds .
To license and tax mer- chants, &c.
Carriages, drays, &c.
Porters and porterage.
Exhibitions.
Disorderly houses.
Fire compa- nies.
Chimneys, flues, & pipes
Combustible materials.
Walls and fences.
Weights and measures.
Lumber and materials.
Inspection of hay, lime, &c,
Beef, pork,
Weight of bread.
Census.
Removal of
officers.
Jurors and
•witnesses fees
LAWS OF ILLINOIS. li
nance, and provide for the recovery and- appropriation of such Fines and for- fines and forfeitures, and the enforcement of such penalties, feitures.
Sec. 35. The city council shall have exclusive povs^er with- Billiard ta- in the city, by ordinance, to license, regulate, and suppress and ^^^^' ^^• restrain, billard tables, and from one to tvv^enty pin alleys, and every other description of gaming or gambling.
Sec. 36. The city council shall have power to make all Ordinances. ordinances which shall be necessary and proper for carrying into execution the powers specified in this act, so that such ordinance be not repugnant to, nor inconsistent with, the con- stitution of the Unitecl States or of this State.
Sec. 37. The style of the ordinances of the city shall be: Style of. "Be it ordained by the city council of the city of Springfield.'"
Sec. 38. All ordinances passed by the city council shall. When to take within one month after they shall have been passed, be publish- ^^^'^^• ed m some newspaper published in the city, and shall not be in force until they shall have been published as aforesaid.
Sec. 39. All ordinances of the city may be proven by the How proven. seal of the corporation, and when printed and published by authority of the corporation, the same shall be received in evidence in all courts and places without further proof.
ARTICLE VI.
Of the Mayor.
Sec I. The mayor shall preside at all meetings of the city Casting vote council and shall have a casting vote and no other. In case of "' Mayor, non-attendance of the mayororat any meeting,the board of ald- ermen shall appoint one of their own members chairman, who chairman, shall preside at that meeting.
Sec. 2. The Mayor or any two aldermen may call special Special meet- meetings of the city council. "^Ss-
Sec 3. The Mayor shall at all times be active and vigilant Duties of in enforcing the laws and ordinances for the government of '^^"'^ said city; he shall inspect the conduct of all subordinate officers of said city, and cause negligence and positive violation of duty to be prosecuted and punished: he shall from time [to time] communicate to the aldermen such information, and re- commend all such measures, as in his opinion may tend to the improvement of the finances, the police, the health, security, comfort and ornament of the city.
Sec 4. He is hereby authorised to call on tiuy male inhabi- In case of riot
tant of said city over the age of eighteen years to aid in^^f7°''™u-^,
r • ii 1 IT 1 • /• • V , ,, call on inhab-
eniorcmg tne laws and ordinances; and m case oi not, to callitants. out the militia to aid him in suppressing the same, or in carry- ing into effectany law or ordinance, and any person who shall „. not obey such call shall forfeit to the said city a fine not exceed- refusal, ing five dollars.
Sec 5. He shall have power whenever he may deem it Exhibit of necessary to require of any of the officers of the said city an ^'°"^^ ^"'^ exhibit of his books and papers. papeis.
Sec 6. He shall have power to execute all acts that may To extend all
arts.
ILLIHOIS STATE LIBfiAKl.
12 LAWS OF ILLINOIS.
be required of him bj any ordinance made in pursuance of this act. Mayor com- Sec. 7. He shall be commissioned by the Governor as a missioned aa justice of the peace for said city and county, and as such shall justice peace. ^^ ^ conservator of the peace in the said city; and shall have Powers. power and authority to administer oaths, issue v^^rits and pro-
cesses under the seal of the city, to take depositions, the ac- knowledgements of deeds, mortgages, and all other instru- ments of writing, and certify to the same under the seal of the city, which shall be good and vahd in law. Exclusive ju- Sec. 8. He shall have exclus:ve jurisdiction in all cases risdiction. arisingunder the ordinances of [the] corporation,and concurrent jurisdiction with all justices of the peace in all civil and crim- inal cases within the limits of the city, arising under the laws Fees. of the state, and shall receive the sam.e fees and compensation
for his services in similar cases. Salary of Sec. 9. He shall also have such jurisdiction as may be
Mayor. vested in him by ordinance ibr the purpose of enforcing the
health and quarantine ordinances and regulations thereof, and he shall receive for his services such salary as shall be fixed by ordinance of the city. Mayormay be Sec. 8. [10.] In caso the mayor shall at any time be guilty of indicted for palpable emission of duty, or shall wilfully and corruptly be maJ-conduct. '^ •{, p • i i j .• i-j • ^i j- i
guilty of oppression, mal-conduct, or partiahty in the discharge
of the duties of his ofiice, he shall be liable to be indicted in the circuit court of Sangamon county, and on conviction; he shall be fined not more than two hundred dollars; and the court shall have power, on recommendation of the jury, to add to the judgment of the court, that he be removed from office.
ARTICLE VII.
Proceedings in Special Cases. Whereprivate Sec. L When it shall be necessary to take private proper- property tak- ly^ for opening, widening, or altering any public streets, lanes, streets.^^° avenue, or alley, the corporation shall make a just compensa- tion therefor to the person whose property is so taken; and if the amount of such compensation cannot be agreed upon, the mayor shall cause the same to be ascertained by a jury of six disinterested freeholders of the city, Peiition by Sec. 2. When the owner [s] of all the property and [on any]
owners for street, lane, avenue, alley, proposed to be opened, widened or streets °^ altered, shall petition therefor, the city council may open, widen, or alter such street, lane, avenue, or alley, uponconditon to be prescribed by ordinance, but no compensation shall in such case be made to those whose property shall be taken, for open- ing, or altering such street, lane, avenue, or alley, nor shall there be any assessment of benefits or damages that may ac- crue thereby to any of the petitioners. Dama£;es, Sec. 3. AH persons cmpanncllcd to enquire into the amount
1- of benefits or damages which shall happen to the owners of property proposed to be taken for opening, widening, or alter- ing any street, lane, avenue, or alley, shall be first sworn to that
LAWS OF ILLINOIS. 13
effect, and shall return to the mayor their inc[uest in writing, and signed by the Jurors.
Sec. 4. In ascertaining the amount of compensation for Benefits and property taken for opening, widening, or altering any street, i"J"™s- lane, avenue, or alley, the jury shall take into consideration the benefit as well as the injury happening by such opening, widening, or altering such streets, lanes, avenues, or alley.
Sec. 5. The mayor shall have power, for good cause shown Inquest may within ten days after any inquest shall have been returned to^e set aside. him as aforesaid, to set the same aside, and order a now inquest to be made.
Sec. 6. The city council shall have power by ordinance to Special tax to levy and collect a special tax on the holders of the lots in any improve street, lane, avenue, or alley, or part of any street, lane, ^"^^'^* avenue, or alley, according to their respective fronts owned by them, for the purpose of paving and grading the side walks, and lighting such streets, lanes, avenues, or alleys.
ARTICLE VIII.
Miscellaneous Provisions.
Sec. 1. The inhabitants of the city of Springfield are Citizens ex- hereby exempted from working on any road beyond the limits ^^^y^ ^""P^ of the city, and from paying any tax to procure laborers uponco'mjty t^x. the same, and from any tax for county purposes except upon real estate: Fro:j«(/e,V,The corporation shall support and provide Proviso, for all the resident paupers of said city, and pay the expenses of the circuit court in all criminal cases arising out of the of- fences of any citizen of said city, as also jail fees which may accrue therefrom, viz: boarding and lodging of criminals, or charges that may be just and equitable.
Sec. 2. The city council shall have power for the purpose Labor on of keeping the streets, lanes, avenues, or alleys in repair, and sheets. require any male inhabitants in said city of twenty one years of age to labor on said street, lane, avenue, or alleys, not ex- ceeding three days in each and every year; and any person failing to perform such labor when duly notified by the super- Refusal to visor, shall forfeit and pay not to exceed one dollar per day for ^^'^°''' each day so neglected or refused.
Sec. 3. The city council shall have powder to provide for Punishment of the punishment of offenders, by imprisonment in county or city offenders. jail in all cases when such oflfenders shall fail or refuse to pay the fines and forfeitures which may be recovered against them.
Sec. 4. The city council shall cause to be published annual- Annual state- ly, a full and complete statement of all moneys received and ™ents. expended by the corporation during the preceding year, and on what account received and expended.
Sec. 5. All ordinances and resolutions passed by the presi- Ordinances of dent and trustees of the town of Springfield shall remain in J^^^^^*^^ ^" force until the same shall have been repealed by the city coun- cil heieby created: Provided^ No contract or agreement shall Proviso, be afiected thereby.
Sec. 6. All suits, actions, and prosecutions, instituted, com- Suits and ac-
14 LAWS OF ILLINOIS.
tions, how menccd, or brought bj the corporation hereby created, shall be prosecjjtec . iQg|;ij;^ji;Q(j^ commeaced, and prosecuted in the name of the city
of Springiield. Finos, &c. ac- Sec. 7. AH actions, fines, penalties, and forfeitures, which vestec?""'^'^^^ have accrued to the president and trustees of the town of Springfield, shall be vested in, and prosecuted by, the corpora- tion hereby created. Property of Sec. 8. All property, real and personal, heretofore belong- .cir-"''^''^'^'°^"S to the president and trustees of the town of Springfield for the use of (he said inhabitants of said town , shall be, and the same is hereby, declared to be vested in the corporation hereby created. Charter not to Sec. 9. This charter shall not invalidate any act done by
anvalulate ^^^ president and trustees of the town of Springfield, nor Q.cts 01 town. . 1 o '
divest them of any right which may have accrued to them
prior to the passage of this act.
Duty of tnis- Sec. 10. The President and trustees of the town of Spring-
Se^^I-oda-^" field shall, immediately after the passage of this law, within
mation, ^''^^ limiLs of the city of Springfield, issue their proclamation
for the election of officers, and cause the same to be published
in all the newspapers in said city, for four weeks in succession
prior to the day of election for saidofliceis.
Appeals al- Sec. 1L Appeals shall be allowed from the decision in all
jowed. cases arising under the provisions of this act, or any ordinance
passed in pursuance thereof, to the circuit court of Sangamon
county, and every such appeal shall be taken and granted in
Ihe same manner and like effect as appeals are taken from, and
granted by, justices of the peace to the circuit court under the
law of this state.
Office of May- Sec. 12. Whenever the mayor shall absent himself from
«^''vhenva- (he city, Or shall resign, or die, or his office shall otherwise be
Mayor pro ^ Vacated, the board of aldermen shall immediately proceed to
tem. elect one of their number president, who shall be the mayor
pro tem. Act declared Sec. 13. This act is hereby declared to be a pubhc act, and public. j^j^j i,Q j-Q^^ in evidence in all courts of law and equity in this
state v> ithout proof. Actsrepealed. Sec, 14. All acts or part of acts coming within the provisions of this charter, or contrary to or inconsistent with its provisions, are hereby repealed. Jurisdiction Sec. 15. The city marshal, or any other officer authorised of city mar- to exccutc writs or other process issued by the mayor, shall tlfs '^"*^°®' have power to execute the same any where within the limits of the county of Sangamon, and shall be entitled to the same fees for travelling as are allowed to constables in similar cases. Act to be pub- Sec. 16. It shall be the duty of the president and trustees lished. of the town of Springfield, immediately after the passage of
this act, to cause the same to be published two weeks in succes- sion in two of the public journals printed in said town, and Meeting of le- thereafter give notice for a public meeting of the legal voters gal voters. of said town, who shall have been resident citizens thereof
LAWS OF ILLINOIS. 15
at least six months preceding said meeting, to be held at the courthouse on the first Monday of April next, forthe purpose Time when to of then and there voting for the adoption or rejection of this ^j^l^P^""^-''"'^ act. The majority of the legal voters there present shall deter- mine the adoption or rejection of the same; Provided, That at Proviso. any subsequent meeting, like notice being given as aforesaid, the same may be adopted and take effect immediately there- after.
Approved by the Council, Feb. 3, 1840.
AN ACT in relation to the State Bank of Illinois. In force Jan.
31, 1840.
Sec. L Be it enacted hy the People of the State of Il^'i^nois^^-.^^^^^^^^' represented in the General Assembly, That the State Bank of state Bank Illinois is hereby revived, and the forfeiture of its charter for revived. ._ refusing to pay for its notes, or other evidences of debt, in spe- cie, is hereby set aside; and said bank is hereby authorized to transact all business as a body corporate, in as full and complete a manner as she might have done if said bank had not suspend- ed specie payments; and every provision of law requiring or authorizing proceedings against said bank, with a view to fotfeit its charter, or wind up its concerns, or which requires said bank to suspend its operations and proceedings in conse- quence of its refusal to pay its notes, and Other evidences ofTimeof revi- debt, in specie, is hereby suspended, until the close of the next val of charter. session of the General Assembly of the State of Illinois: Pro- Proviso. vided, however, That to secure the benefit of the foregoing pro- visions, the said bank shall agree to conform to, and comply with, the following conditions, restrictions, and limitations, to wit:
First. The said bank shall not hereafter make any loan on First. an hypothecation of the stock of the bank.
Second. That it will not, directly or indirectly, during its Second. suspension of specie payments, sell, dispose of, or part with, any of its specie, or gold or silver bulHon, except for the pur- poses of change, to the amount of five dollars, or under the sum of five dollars.
Third. That it will furnish monthly, to the Executive of the Third. State, a full and complete statement of the condition and financial operations of said bank, and its branches, verified by the oath of [the] president or cashier of said bank, which state- ment shall be published in the newspaper of the Public Printer.
Fourth. That it will not, either directly or indirectly, issue. Fourth. or put into circulation, during the period of its suspension of specie payments, any bank bill, or note, or any evidence of debt, by which its circulation will be increased beyond the amount of the capital stock actually paid in.
Fifth. That it will receive, upon deposite, any funds belong- Fifth. ing to the State, which may be required to be so deposited,
16 LAWS OF ILLINOIS.
and pay Lhc same out upon the order of the proper officer or agent of the State, in kind, free from charge; and also, all funds heretofore deposited by the State. Sixth, Sixth. Hereafter, any stockholder in said bank, owning five
shares of the stock of said bank, shall be qualified to act as director of said bank. Seventh, Seventh. That until said bank shall resume specie payments,
citizens and residents of this State, who are indebted to them upon notes heretofore discounted, shall be allowed to pay their debts in instalments, at the rate of ten per cent, upon each and every renewal upon the amount originally due, upon con- dition that such debtors shall execute new notes with satisfacto- ry security, and pay the aforesaid per cent., and the interest in advance, according to the uses [usages] and customs of bank- ing: Provided,, That this section shall not "apply to notes or bonds assigned or endorsed to the bank. Eighth. Eighth. That the said bank shall not, after their acceptance
of the provisions of this act, suffer any person, firm, or house, to become indebted, at any one time, to the parent bank, or cither of its branches, as principal, or maker, of any promisso- ry note, or notes, in a sum greater than ten thousand dollars. That it shall not sufTer any person, firm, or house, to become indebted to the parent bank, or any [either] of its branches, as security or endorser, on promissory notes, in a sum greater than ten thousand dollars, and that it shall not suflfer any person, firm, or house, to become indebted to said bank, or either of its branches, as drawer, or endorser, of bills of exchange, in a sum greater than twenty-five thousand dollars; and in case any person, firm, or house, shall, at the time of the acceptance of this act by said bank, be indebted to it in any manner great- er than is allowed by the preceding limits, said bank shall proceed to call in said debt by instalments, until it shall not exceed the amount allowed by the above provisions. Ninth. Ninth. That at the next election for choosing directors of
said bank, under the provisions of its charter, not less than three persons not now Directors, shall be chosen Directors by the stockholders; and thereafter, at each election, at least two new Directors shall be elected. Tenth. Tenth. After the acceptance of this act, if said bank shall
fail to comply with any of the conditions, restrictions, or Hm- itations, herein imposed, it shall be liable to be proceeded against as may now be done for a violation of any of the pro- visions of the original charter of said bank. Shall receive Sec. 2. The State Bank of Illinois shall at all times receive its own bills. jj.g ^^^^ huxik bills in payment of any demand, debt, or claim, due to the bank, from any individual or corporation whatever. Acceptance Sec. 3. Whenever the State Bank shall accept the provis- o*" Foyif °".\ ions of this act, and the president thereof shall file,in the office Sec^'of sire of the Secretary of State, a certificate of the fact of such acceptance, under the corporate seal of said bank, then from and after the filinor such certificate, said bank shall be considered
LAWS OF ILLINOIS. 1*7
as entitled to the benefits of this act, and shall be bound by all the conditions, restrictions, and limitations herein contained.
Sec. 4. This act shall not be construed so as to impair any Rights not rights acquired by individuals, or to prevent the holders of its ^"^P'"^''^^" notes, and other evidences of debt, from bringing and main- taining suits against said bank, for any notes, or other eviden- ces of debt, which they now have,or may hereafter hold, against it; and the provisions of this section shall apply as well to notes heretofore issued, as to notes which may hereafter be issued by said bank.
Sec. 5. The Directors of the parent [bank] shall, Avithin six Branch at months from the passage of this act, remove from Chicago the^^^^'J^^^o to^be branch located at that place, and estabUsh the same at such in six months, other place as the bank may deem proper.
Approved, by the Council, January 31st, 1840.
AN ACT to inccrporate the Rock Island University. In force, Jan.
18, 1840.
Sec. 1. Be it enacted hy the people of the State of Illinois, represented in the General Assembly, That Charles Oakley, pej-^gns com- Charles S. Hempstead, Joshua Harper, Charles C. Wilcox, posing body
Philip K. Hanna, Osborn, Samuel L. Lamberson, Ru- corporate.
fus J. Hervey, Charles G. Thomas, Jonathan K. Woodruff, Germanicus Kent, James H. Gower, Alonzo P. Clapp, Lucius Wells, and William Hammond, and their successors, be, and they are hereby created a body politic and corporate, to be slyied and known by the name of "the Trustees of the Rock Name and Island University." styW.
Sec 2. The said University shall remain located at or near Location of Hampton, in the county of Rock Island. The number of ^"^^""■^^'y; trustees siiall not exceed fifteen, exclusive of the chancellor, or Tn™teTs°^ presiding officer of said university, who shall, ex officio, be a chancellor member of the Board of Trustees. No other instructor shall be a member of the board.
Sec. 3. The object of said corporation shall be to qualify object of cor- youth to engage in the several employments and professions of poi-ation. society, and to discharge honorably and usefully the - various duties of life.
Sec. 4. The said corporation shall have power to purchase, Powers, receive and hold, for the sole use and benefit of said Universi- ty, such personal property as may be proper and useful in promoting the cause of literature therein; and in its corporate name to sue, and be sued, plead, and be impleaded, answer, and be answered, in all courts of law and equity; to have a common seal, and to alter or change the same; to make such by-laws lor its regulation as are not inconsistent with the con- stitution and laws of this State or of the United States; and to confer on such persons as may be considered worthy, such 2
18 LAWS OF ILLINOIS.
Degrees may academical or honorary degrees as are usually conferred by be cotiferred. similar institutions.
Sec. 5, The trustees of said corporation shall have authori- ty to elect a chancellor, to regulate all financial affaii's, and to Proviso. fill the various offices of instruction: Provided^ That no per-
son be appointed to such oflice, except he be first nominated by Further pro- the chancellor: Provided, also, That nothing herein contained viso. gljjj][ authorize the establishment of a theological department
in said University. Trustees ma}^ Sec. 6. The trustees for the time being shall have power to be removed, remove any trustee from his office of trustee for any disiionor- Proviso. able or criminal conduct: Provided, That no such removal shall
take place without giving to such trustee notice of the charges exhibited against him, and an opportunity to defend himself be- fore the board, nor unless that two-thirds of the whole num- ber of trustees, for the time being, shall concur in such re- moval. The trustees for the time being, in order to have per- \ petual succession, shall have power as often as a trustee shall i!l^ni"d'^^ ^^ removed from office, die, resign, or remove out of the State, tpTtppoint a resident of the State to fill the vacancy thus made in the board of trustees. A majority of the trustees for the Quorum. time being, shall be a quorum to do business.
Sec. 7. The trustees shall faithfully apply the funds collect- Funds, how ed, or hereafter collected , according to their best judgment, in apphed. erecting suitable buildings, in supporting the necessary in-
structoi's, officers and agents, in procuring books, maps, charts, globes, philosophical, chemical and other apparatus necessary to aid in the promotion of sound learning in the University: Proviso. Provided, That in case any donation, devise or bequest shall be
made for particular purposes, accordant with the objects of the institution, and the trustees shall accept the same; every such donation, devise, or bequest, shall be applied in conformity Further pro- with the express condition of tlie devisors or donor: Provided, ^^°- also, That lands donated or devised as aforesaid shall be dis-
posed of as required by the tenth section of this act: And .Still further provided, further, That the safd corporation shall have power proviso. ^^ purchase, and hold no greater quanty of land than six hun-
dred and forty acres (which power is hereby conferred) except the same is acquired by donation.
Sec. 8. The treasurer of said University, always, and all other agents when required by the trustees, before entering Bonds of offi-upon the 'duties of their appointments, shall give bond for the ^^'■^- security of the corporation, in such penal sum, and with such
Process securities as the Board of Trustees shall approve, and all pro-
against cor- cess against the said corporation shall be by summons,, and poration, how service of the same shall be by leaving an attested copy with served. ^j^^ treasurer of the University, at least thirty days before re-
turn day thereof. University ^Ec. 9. The said University and its preparatory depart-
freeto all ments shall be open to all denominations oi Chistians, and the Christians, profession of any particular religious faith shall not be requir-
LAWS OF ILLINOIS. 19
ed of those who become students. All persons, however, may I^^e and vi- be suspended or expelled from said University, whose habits J^na^^bJexpel- are idle, or vicious, or whose moral character is bad. led.
Sec. 10. The lands, tenements and hereditaments to be held in perpetuity in virtue of this act, shall not exceed six Limit of lands hundred and forty acres, except such as are for University ^o hi held, buildings and necessary appurtenances: Provided, however, -proxiso. That if donations, grants, or devises in land shall from time to time be made to said corporation over and above said six hun- dred and forty acres which may be held in perpetuity as afore- said, the same may be received and held by said corporation Lands by for the period of nine years from the date of such donation, gvant may be grant or devise; at tlie end of which time, if said lands over °^°^ and above the said six hundred and forty acres shall not have, been sold by the said corporation, then, and in that case, the said land so donated, granted, or devised, shall revert to the When lands donor, or grantor, or to the heirs of the devisor of the same. ^'^^'^ revert.
Approved, January J 8th, 1840.
AN ACT for the incorporation of the Fayette Steam Mill Company. Jn force, Jan.
18, 1840.
Sec. 1. Be it enacted by the people of the State of Illinois'' repres'inted in the General Assembly, That James Black, Jo- Persons com- seph Chaffin, Fred'k Remann, Benjamin Buckmaster, Harvey P°'',ofate^°''^ Lee, John Denton, Joseph T. Eccles, R. K. McLaughlin and ^ ^"^^ N. M. McCurdy, and their associates, successors, and assigns, be, and they are hereby constituted a body politic and corpor- ate by the name and style of "The Fayette Steam Mill Com- Name and pany," for the more convenient ojvning and conducting a style* steam-saw and grist-mill, to be propelled by one or more steam engines, in the county of Fayette; and the transactions of all the usual business of companies engaged in the manufacture of flour, meal and lumber, and the transportation, and vending the same 5 and tlie said corporation, by the said name, is de- clared, and hereby made capable in law, to sue, and be sued. Powers, to plead, and be impleaded, to have a common seal, and the same to alter and renew at pleasure; to make rules and by-laws for the regulation and management of the said corporation, consistent with the laws of this State; and generally to do and execute whatever by-law shall appertain to such bodies politic: Provided, That nothing herein contained, shall be Proviso, considered as conferring on the said corporation any banking Banking pri- privileges, but they shall be exclusively confined to the opera- vileges not tions necessary tor carrying on the business consequent upon ^'^° ^ the running and conducting of Steam-mills.
Sec. 2. The said corporation shall have the right to hold, May hold one possess, and enjoy, any quantity of land, not exceeding one thousand a- thousand acres, and the whole amount oi' capital stock shall g!^pj°^] g^joek. not exceed in value twenty thousand dollars, and shall be di-
20 LAWS OF ILLINOIS.
vided into two hundred shares of one hundred dollars each;
which capital shall be employed in purchasing and holding the
Capital, how lands aforesaid, and in procuring, constructing, employing, and
employed. Using, buildings, machinery, teams, tools, and utensils and all
things necessary and proper for the manufacturing of meal,
flour and lumber, and transportation and sale of the same, and
the purchase of corn, wheat, timber, and other materials for
the successful prosecution of the object of the company.
Certificate of Every member of the company shall have a certificate, under
stock. tj^g ggjji of ^jjg corporation, and made and altered, in such
manner and form as the by-laws shall prescribe, certifying his
property in the share or shares owned by him; and the stock of
, said company shall, in the nature of personal property, be as-
ferable. signable and transferrable according to such rules as the board
of directors shall establish; and no stockholder indebted to
No transfer to thc company shall be permitted to make a transfer or receive
be made till ^ dividend, until such debt is discharged, or security given for
?o corpo'rai'^n the same to the satisfaction of the directors.
Sec. 3. For the managing of the affairs of the said corpora- Directors how tion, there shall be chosen from the stockholders, seven direc- chosen . ^^j.g^ ^^j^^ ^\-^^\\ i^q\^ i^j^gj^ office for one year, or until superceded
by others. Ten days previous notice shall be given in one or more new^spapers, published in the town of Yandalia, of the Firstelection. first election for directors under this act, and there shall be annually thereafter, a like election for directors, in the town of Vandalia. In all such elections for directois, each proprie- Each share, tor of a share in the capital slock shall be entitled to one vote one vote. for each and every share held and owned by him, which vote shall be given either by himself in person, or by his proxy duly authorized under seal, and a majority of the shares shall be necessary to a choice of directors, or the transaction of any business which may concern the company and come before the stockholders. Quorum. Sec. 4. A majority of the directors shall form a quorum to
transact business, and they shall meet within thirty days from thc time they shall have been chosen, at Vandalia, and choose President, by ballot one of their number for President, who shall serve how chosen, f^j. f^^xe year, or until superceded by a new election; and there , shall be, annually thereafter, alike election in the town of^ doTwhere " Vandalia, by the said directors for the time being, of a Pre- held'. sident for the said corporation. The said directors shall also
Secretary and have power to choose and appoint a Secretary, and Treasurer, Treasurer,&c. and such other officers and agents to conduct and prosecute the business of the said corporation as they shall deem neces- sary and proper, and prescribe their duties from time to time in such way as said directors may think best. The said di- Books of re- rectors shall cause to be kept duly recorded in books to be pro- cord, vided and kept for the purpose, minutes of all their proceedings, I ; and regular accounts of all their transactions ; as also minutes of .il-i the proceedings of the stockholders at each of their meetings,
LAWS OF ILLINOIS. 21
which books may at any time be inspected by any o£ the stock- holders.
The said directors shall have power, for good cause, to be spread at large, together with the proof iti support thereof, upon the minutes aforesaid, to remove the President from of- rresirlent fice; they shall have power also to supply any vacancy which ^'^J he re- may occur in the office of President, or in their own body; and ™°^'^ the President or Directors thus chosen shall hold his office Term of office, until the next succeeding regular annual election for such of- ficer.
Sec. 5. The directors may, from time to time, at any meet- ing, assess and require payment of such sum of money not Instalmentsof exceeding twenty per cent, upon each share of the capital {^^^^'^^3]}^^*^^^^] stock, as shall be judged by them necessary for the purposes of the corporation, to be paid into the hands of the Treasurer, and if, after publication of notice in a newspaper, once a week for two months, of the time of payment of any proportion or instalment of said capital stock, if any stockholder shall fail to pay his instalment at the time specified in such notice, the '^Vhen mstai- amount paid by such delinquent stockholder, previously, shall p^y, stock be forfeited to the company, and his stock may be sold to any may be sold, person for such price as may be agreed upon between said company and the purchasers.
Seu. 6. Dividends of the nett profits of the said company shall be made at such time as shall be determined by the stock- Dividends, holders in general meeting, which dividend shall be paid to the whenandhow person entitled to the same, on demand made ten days after "^^ ^' making and declaring such dividend. The declaring and amount of said dividend shall be published once or more in the nearest newspaper.
Sec. 7. The Treasurer of said company, within thirty days Treasurer to after his appointment, shall enter into bonds for the faithlul dis- S^^^ ^"^^' charge of his duties, in such amount as shall be designated by the Board of Directors, and with such securities as said board may approve; and all money accruing to the company and falling into the hands of said Treasurer shall be by him de- Moneys, posited in the Vo.ndalia branch of the State Bank, to the credit wl'^''^ depos- of said company, whenever the same shall exceed one bun- gyj.gj._-^ dred dollars; said money when so deposited shall only be drawn therefrom for the use of said company on a check of Moneys, how the Treasurer, countersigned by the President of the cor- f^''^"'" • poration.
Sec 8. The stock of said company shall be deemed per- Stock deemed sonal estate, and pass as such to the legal representative ofP^'"^^"^^- each stockholder: Provided, That the real estate which mayPi-oviso. be held by said corporation shall be sold and conveyed when they may think proper so to dispose of it, according to the forms, and in the manner prescribed by the lawconveying real estate; the President of the company making the acknowledg- ment on behalf of the corporation: A?id provided, further, Funhcrprovi- That the said corporation, during the period of its existence ^°'
22 LAWS OF ILLINOIS.
Limit of charter .
which shall terminate at the expiration of twanty years from the passage of this act, shall not purchase and hoid any greater quanty ot land than one thousand acres. Approved, January 18, 1840.
Commission- er to borrow
In force, Jan. AN ACT to authorize the county of Jo Daviess to honow money.
18, 1840. ^ •'
Sec. 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly^ That the county commis- sioners' court, of the county of Jo Daviess, may, by an order to be entered upon the records of said court, appoint a com- missioner, whose duty it shall be to borrow such sum or sums money. ^f money, as may be necessary to enable said county to com-
plete the new courthouse, in the town of Galena, in said county, and the said commissioner is hereby authorized to Real estate to mortgaffe any of the real estate of said county, to secure the be mort£;a!5ed ^ . c ,~ i i
as security. P'^vment 01 any sum or sums oi money so borrowed.
Sec. 2. Any mortgage deed, made by such commissioner, under his hand and seal, on behalf of said county, for tf.e pur- poses aforesaid, duly acknowledged and recorded, shall in all respects be valid and binding upon said county, and shall en- able the mortgas^ee of such deed to prosecute to eflect said county for a breach of the conditions of such deed, in the same manner as is pointed out in the 18th section of the act entitled an act concerning judgments and executions, ap- proved January 17, 1825.
Sec. 3. In any suit instituted under the provisions of this Writ of scire act, the scire facias required by s-aid [act] to be issued may jacias. I^g jgl'l^ ^jj.j^ ^j^g clerk of said court, ten days previous to
Service of the return day thereof, which shall constitute a sufficient ser- ^'^ ■ vice thereof to authorize the proper court, before which
such suit is instituted, to proceed and render judgment ac- cording to justice and merits of the case. Approved, January 18, 1849.
In force, Jan. AN ACT to revive and continue in force an act, entitled " An act to lo- 18, 1840. cate a certain State road therein mentioned, approved Feb. 27, 1839."
Sec. 1. Be it enacted by the people of the State of Illinois , represented in the General Assembly^ That an act, entitled Act revived, Hn act to locate a certain State road therein mentioned, ap- & further time proved February 27, 1839, be revived, and that the period cate^-oad? ^°' °^ ^^"^® allowed the commissioners, appointed by said act, to perform the duties therein assigned them therein, be extend- ed to one year from the passage of this act. Approved, January 18, 1840.
LAWS OF ILLINOIS. ' 3^
AN ACT to authorize H. H. Gear to keep a. ferry across the Mississippi In force, Jan. river. 18, 1840.
^Ec. L Be it enacted by the people of the State of Illinois^ represented in the General Assembly, That Hezekiah H. Gear, ol the county of Jo iJaviess, is hereby authorized, and licens- ed to keep a ferry across the Mississippi river, at and from a Location of a point in said river, in the county of Jo Daviess, and oppo- ^^^"^y- site the mouth of " Tete de Mort," in the territory of Iowa; and the said Gear, his heirs and assigns, shall have the right of having, maintaining, and using a ferry across the said river, at the place before mentioned, and to have and receive all advantages and emoluments arising from the use of said ferry, for and during the term of ten years: Provided, however, That Proviso the county commissioners' court, of the county of Jo Daviess shall have the right to assess an annual tax upon the said fer- ry equal to that levied upon other ferries severally situated in said county.
Approved, January IS, 1840.
AN ACT to amend an act, entitled "An act to incorporate the Rock Island t„ fQ,.„g jnn Mutual Fire Insurance Company." jo 1040
Sec. L Be it enacted by the people of the State of Illinois, represented in the General Assembly, That the said corpora-.-, tion, in addition to the powers heretofore granted, by the act ers'gramedTo to which this is an amendment, are hereby authorized to take corporation risks, and effect insurances, on all classes of personal property within the limits of this State.
Approved, January 18, 1840.
AN ACT to amend an act to incorporate Knox Manual Labor College, i^ force, Jan.
18, 1840. Sec. 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That the period of three years, allowed to the Trustees of Knox Manual Labor College, by the ninth section of the act, to which this is an amendment, for holding donations, grants, or devices in lands, be, and the same is hereby extended to seven years, in addition to -^'^f^nig ''^" the aforesaid period of three years, any thing in said section changed to 7 to the contrary notwithstanding.] years
Approved, January 18, 1840.
24 * LAWS OF ILLINOIS.
In force, Jan. AN ACT to establish Insurance Offices in Morgan, Pike and Scott counties. 27, 1840.
Sec. 1. Be it enacted by the People of the State of Illinois, re- presented in the General Assembly, That the following privi- Insui-ance leges and powers are hereby conferred upon and granted powers grant to ihc Winchester, Lynnville and Jacksonville Railroad Com- pany, incorporated by an act passed on the eighteenth day of January, in the year eighteen hundred and thirty-six.
First. To use the stock and effects of said company, in the business of insurance, and to become to all intents and purposes an Insurance Company.
Second. To establish and keep in operation, insurance Location of offices in Jacksonville and Winchester; all the business and offices operations of the company, to be under the direction of the
rectors as heretofore. By-law* to be Third. To change the by-laws of the corporation, so as changed to make them applicable and appropriate to the business and operations of an insurance company, and to make such ad- Additional by ^jtional by-laws, not inconsistent with the laws of the land, as may be found necessary to carry on the business of the company.
Sec. 12. Said company shall be authorized to make insu- rances upon vessels and their cargoes, or either, navigating the high seas or the lakes, and upon vessels and boats of any description and their cargoes, or either, navigating rivers and canals: to make insurance upon houses, mills and other build- Exception ings, (excluding distilleries) goods, chattels, wares, and mer- chandize, money, and every description of property usually insured by other companies in the State; also upon bottomry, loans, and upon lives, and also to cause itself to be re-insured against all risks or perils upon which it may have made insu- rance, and to make advances of money upon bottomry and respondentia, upon such terms as are authorized by the ex- isting laws of this Slate.
Sec. 3. The directors shall prescribe in their by-laws the Policies of in- manner of executing their policies of insurarice; the terms surance ^f insurance shall be such as may be agreed upon, as well as
the provisions and times of payment. Stockholders Sec. 4. The stockholders shall severally be held liable liable ^Q creditors, for the amount of stock subscribed. The liabi-
lities of the company shall never exceed the amount of sub- scriptions of stock, and for all excess of liability the diiec- When Direc- <^o^'s under whose authority or by whose permission such ex- tors shall be cess may arise, shall be jointly and severally liable for the liable gj^f^g^
Sec 5. The renl estate now owned by the company,
Capital stock shall be held as capital stock at its cost, and the company
shall not hereafter purchase or hold any other real estate in
fee simple, except one town lot in Jacksonville and one in
Winchester, on which to erect the buildings necessary to the
Pro\-iso transaction of its business: Provided, however, that in cases
LAWS OF ILLINOIS. 25
where real estate maj be sold to satisfy debts due the compa- ny, the same may be purchased in satisfaction of such debts, but all real estate so purchased, shall be offered for sale at public vendue, at least once in each year, and shall be sold g^jj forjebts whenever the amount of the judgment under which the pur- chase was made, shall be offered at any such sale.
Sec. 6. Said company shall not directly or indirectly deal company not or trade in goods, wares or merchandize, or engage in any to deal in any other business, or use its means for any other purpose than as other business expressly authorized by its charter.
Sec. 7. The present subscribers to the capital stock shall be entitled to the benefit of their subscriptions, and to» all *^
payments made thereon; and the organization of the com pa- Organization ny shall be deemed to have been conformable to law. The ot" company change in the charter authorized by this act shall not release or affect any liability of the company now existing against it; and all the powers and rights conferred upon said company, shall be continued so far as they may be consistent with the provisions of this act.
Sec. 8. Suid company shall not have power, if this amend- Powers to ment is adopted to the charter, to make or construct any make roads railroad, turnpike, McAdamized, or other description of road, '"^^""'^^'^ or to have or hold the right of way for any such road, or to engage in the business of transporting property or persons upon any road whatever.
Sec. 9. The directors shall provide for the speedy adjust- Losses shall ment and payment of all losses arising under any policy made be paid spee- by the company, and for all unreasonable and vexatious de- ^^ lays in payments, the company shall be liable to pay damages not exceeding per cent, per annum, in addition to le-
gal interest.
Sec. 10. Additional subscriptions to the capital stock of said company may be received hereafter upon the payment of one dollar upon each share subscribed, and the capital Inci|ease of stock of said company may be increased two hundred thou- capital stock sand dollars.
Sec. 11. The said company may proceed to business un- der this charter, whenever the sum of ten thousand dollars shall have been paid to their treasurer, including the stock already held in real estate.
Sec 12. Said company shall keep regular books, and enter „ , - therein all their accounts and transactions; and the accounts company of the company shall be balanced half yearly, and the pro- fits growing out of its business shall be divided half yearly^. ., , among the stockholders according to their rights, but divi- dends shall not be paid except of profits actually realized.
Sec. 13. It shall be lawful for stockholders to secure the payment of their stock to the company by mortgage upon g^p-^^'^llo^ ^q real estate, and all such mortgages shall stand as security to be secured creditors for moneys due from the company.
36
LAWS OF ILLINOIS.
This act to be part oiigina]
Evidence of adopiioa of this act
Pittsfield and Mississippi R R Company may establish insurance of- fice in Pitts- field
Conditioi
Sec. fifteen of Winchester, Lynnvilleand Jacksonville RR Company repealed Act to conti- nue 20 years
Sec. 14. This act as well as all others amending the ori- ginal chaiter of said company, shall become to all intents and purposes a part of the act of incorporation, upon being agreed to by the President and Directors of said Company; and an entry of such agreement upon the record kept of the actings and proceedings of said board, shall be sufficient evi- dence of the adoption of such amendments; and of the right of the company to act under the same.
Sec. 15. The President and Directors of the Pittsfield and Mississippi Railroad Company, incorporated by an act passed on the first of March, one thousand eight hundred and thirty seven, are authorised to establish and keep in opera- tion an insurance office in Pittsfield, and to use all of its stock and means in the business of insurance, and to become to all intents and purposes an insurance company, upon con- dition that said President and Directors agree that the first, second, tliird, fourth, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, twelfth, thirteenth, and fourteenth sections of this act sh;ill be adopted as an amendment to the charter of said company, exce|)t that said company shall not have any office in Jacksonville or Winchester.
Sec. 17. The fifteenth section of the original act incor- porating the Winchester, Lynnville and Jacksonville Railroad Company, is hereby repealed.
Sec 18. This act shall continue in force for twenty years from its passage, and no longer.
Approved, January 27, 1840.
In force Jan. 27, 1840.
AN ACT to authorize J. A, Clark to build a bridge across the Pickatonica.
Sec. 1. Be it enacted by the People of the Slate of Illinois, reprei'ented in the Gcnr.ral Assembly, That John A. Clark, his heirs and assigns, be, and they are hereby authorized to build and keep, for the term of tvi^enty years, from the pas- Location of sage of this act, a toll bridge across the Picatonica river, in township i\o. twenty-seven north, of range No. eight east, at and opposite the town of Freeport, in Stephenson county, Illinois: Provided^ said bridge shall not interfere with the navi- gation of said river.
Sec. 2. The said John A. Clark, his heirs or assigns,shall When com- commence the building of said bridge, within one year, and menced complete said bridge within four years from and after the pas-
sage of this act: said bridge shall be built in a good and sub- stantial manner, so as to give a safe and easy passage to all persons and their property, wishing to cross the same.
Sec. 3. After said bridge shall be complete, the said John A. Clark, his heirs or assigns, are hereby authorized to place a toll gate on ei ' er end of said bridge, or elsewhere, where he or they may (io:n;md of all and every perjon pass::. g said
LAWS OF ILLINOIS. 27..
bridge, the following rates of toll, (to wit:) For each two Rates of toll
horse wagon drawn by two horses, or one yoke of oxen,
twenty-live cents; for each additional pair of horses or yoke
of oxen, twelve and a half cents; for each ono-horse wagon
or carriage, eighteen and three-fourth cents; for each man
and horse, twelve and a half cents; for each head of hogs,
sheep, or goats, one cent; for each head of horses, cattle,
mules, or asses, three cents; and three cents for each footman.
Sec. 4. The said John A. Clark, his heirs, or assigns, shall
at all times after the completion of said bridge, keep the same
in good repair, and allow a speedy passage; and if at any time Bridge out of
the bridge be kept out of repair, so that the same be impassi- ^^t'^"" *° ^^" 11 r 1 X- • <i i. 4.- *u . J crue to coun-
ble for the space of six months at any one time, the said ty
bridge shall accrue to the county of Stephenson: Provided, Fro\iso.
however, That the destruction of said bridge by fire, high
water, or other casualty, shall not work a forfeiture of the
privileges hereby granted; but said Clark, his heirs or assigns,
shall proceed immediately to repair the same.
Sec. 5. When the commissioners of the county of Stephen- Commission- son deem it expedient to purchase said bridge, they shall have may°pu*rchase the right to do so, by paying the said Clark, his heirs or as- bridge signs, the value of said bridge, in current money of the Unit- ed States, which value shall be ascertained by the valuation Value ofsame of three disinterested appraisers, to be appointed by said court, who shall be sworn to a faithful and impartial discharge of their duties, as such appraisers; or if the commissioners of County com- said county will proceed without delay and build a free bridge missioners or at the place aforesaid, or if the people of said county, or any "J^j^^"^ Jf^J number of them, will proceed without delay, and buiJd a/ree bridge bridge across the Pickatonica river, at the place aforesaid, and have the same completed within one year from and after the passage of this act, ihey shall have the power to do so under this act, and the said bridge, when so completed, shall be and remain open and free for al' persons, and their property wishing to cross the same, and shall be and remain a free bridge to all intents and purnoses: Provided, That if the said Proviso free bridge when so completed, shall remain out of repair for six months at any one time, the privileges hereinbefore grant- ed to John A. Clark shall be revived, and he may proceed to the erection of the toll bridge aforesaid, (he same as if na bridge had been erected by the ooommissioners, or the peo-- pie aforesaid: Provided, further, that casualties, or high water, Further pro- or otherwise, shall not work a forfeiture to the people of said ^i^o county, or commissioners hereinbefore offered to them, but they may proceed immediately to repair the same.
Sec. 6. If any person or persons, shall wilfully do, or cause to be done, any injury io said bridge, the person or persons injury done so offending, shall forfeit and pay the said John A. Clark, his^° ^ ^^ heirs or assigns, double the amount of such injury or damage, to be recovered before any justice of [the] peace having juris- diction of the same.
28 LAWS OF ILLINOIS.
Bridge deem- Sec. 7. The said bridge shall be deemed a public highway, ed public within the meaning of the laws providing for the punishment of persons injuring, obstructing, or destroying public bridges in any manner, or by any means whatever. Approved, January 27, 1840.
Ib force, Jan. AN ACT to authorize the Auditor to enter a credit upon a judgment 27, 1840. against Robert Davis.
Preamble Whereas Robert Davis, of the county of Pike, did at the December term, one thousand eight hundred and thirty- eight, of the Supreme Court, as one of the securities of James Davis, late clerk of the county commissioners' court, of said county of Pike, confess judgment, in favor of the State of Illinois, for the sum of two thousand four hundred and eighty dollars; and whereas the Legislature at its last ses- sion made an appropriation to the county of Scott, of two thousand dollars, to be expended in making improvements upon the State road, between Winchester and Florence; and whereas one thousand dollars of said appropriation is yet due and unpaid, from the State to the said county of Scott; and whereas the said Robert Davis, for the purpose of enabling him to meet his aforesaid liability to the State. took a contract from the county of Scott, upon the road aforesaid, and has performed work thereon to the amount of one thousand seven hundred and sixty-three dollars; and whereas the said Robert Davis has an order from the county commissioners' court of Scott county, for the one thousand dollars now due from the State upon the appro- priation aforesaid; and whereas, the said Robert Davis, is anxious to apply said one thousand dollars as a credit upon the judgment aforesaid: Now therefore, Sec. 1 . Be it enacted by the people of the State of Illinois, represented in the General Assembly^ That the Auditor of Duty of Audi- Public Accounts, is hereby authorized and required, upon the ^^^ said Robert Davis delivering to him an order from the coun-
ty commissioners' court of.Scott county, upon the Fund Com- missioners of this State, for the sum of one thousand dollars, to epter a credit of one thousand dollars upon a judgment rendered against said Robert Davis, in favor of the state of Illinois, at the December term, one thousand eight hundred and thirty-eight, of the Supreme Court, for the sum of two When credit thousand four hundred and eighty dollars; and when such cred- 13 entered all ^|- jg g^ entered upon said judgment, all claim which the coun- co^y^to cease ^J of Scott now has upon the State for the appropriation of two thousand dollars, made to said county, at the last session of the General Assembly, shall cease, and the one thousand dol- lars of said appropriation, which now remains unpaid, instead of being paid to the said county of Scott, shall be paid into the Treasury of this State. Approved, January 27, 1840.
LAWS OF ILLINOIS. ^9
AN ACT attaching a portion of Tazewell county to Logan county. In force, Jan.
27, 1840.
SfiC. 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That all t'lat portion of Tazewell county, embraced in the following limits, viz: Be- ginning at the south east corner of Township No. twenty-one P^" of Taze- north, range No. two west, of the third principal meridian, ^pJ^^j^Jj ''^^" thence north seven miles, to the north east corner of section Logan county thirty-six, township twenty-two, thence west, along the sec- tion lines, eighteen miles to the north west corner of section thirty-one on the range line, between ranges four and five, 4
township twenty-two north, thence south seven miles, to the corner of Logan county, thence east, along said county line, to the place of beginning, is hereby added to, and hereafter shall be a part of the county of Logan.
Sec. 2. That hereafter, at all general or special elections. Parts set off to the portion of Tazewell county so added shall vote with vote with Lo- the county of Logan. ' S^" ^°""'y
Approved, January 27, 1840.
AN ACT to change the name of the "Kaskaskia Insurance Company." In force, Jan,
31, 1840.
Sec 1. Be 'it enacted by the People of the State of Illinois, represented in the General Assembly, That the "Kaskaskia In- surance Company," incorporated by an act, entitled "An act to incorporate the Kaskaskia Insurance Company;" ap- proved March 1. 1839, shall hereafter be known by the name -^ ^ , and style of the "Insurance and Trust company' of Illinois," style and by that name and style, shwll have all the powers, privi- leges, and advantages granted to the aforesaid Kaskaskia Insurance Company by the act aforesaid.
Approved, January 31, 1840,
AN ACT to change a part of the State road leading from Griggsville to In force, Jan. Quincy. 31, 1840.
Sec. 1 . Be it enacted by the People of the State of Illinois, represented in the General Assembly, That so much of the State road from Griggsville, layingjbetween Henry Brown's and the Adams county line, be vacated, and hereafter, that part ofPartofroad said road shall be located on the ground now travelled, and '^'^'^^'^'^ the now travelled road between the said points, as well as „ , from the point where said road intersects the county line, till it intersects the road as lately laid out, shall be part of said road, and be kept in repair as required by law.
Approved, January 31, 1840.
31) LAVVtS OF ILLINOIS.
In force, Jan . AN ACT to amend an act eutitled "An act to provide for the dedication of 31, 1840. lots in the towns situate on canallands to public purposes." Approved,
February 2dth, 1839.
Preamble WiiEiiEAs some of the congregations and religious societies in towns laid oft" by the Board of Commissioners of the Illi- nois and Michigan Canal, have erected churches on lots in such towns, parts of which are held by individuals, and the act entitled "An act to provide for the dedication of lots in towns situated on canal lands, to public purposes," approved February 2Sth, 1S39, does not authorize said Canal Commis- * sioners to divide such lots, and donate to such religious so-
cieties and congregations a part of such lots; therefore. Sec. I. Be it enacted by the people of the State of Illinois^ represented in tne General Assembly, That the Board of Com-
Com'rsof ca- missioncrs of the Illinois and Michigan Canal be, and they are
"^'^°,?^V^'°'^ hereby authorized under the act to which this is an amend- to religious •', , 1 ■ , 1. • • • 1 societies ment, to donate and give to religious societies and congrega- when so re- tions whcn they may request it, a part of any lot, in lieu of quested ^j^g whole, which by said act they are authorized so to do- nate, to hold, use and occupy the same for the purposes and on the conditions in said act mentioned.
Sec. 2. That when any person shall have been the purcha- ser from the State or the assignee of any such purchaser of any portion of any such lot, another part of which is claimed by any religious society or congregation unJer the act to v/hich this is an amendment, the said Commissioners shall give Title to lots to such purchasers, his or her assigns, a certificate of purchase for such portion of such lot, held by him or them, upon his or their compliance, with the terms of an act entitled "An act for the relief of purchasers of canal lots and lands," approved JMarch 2, 1839, at a price which such part of said lot shall bear in value to the amount due the State on the whole of such lots.
Appiioved, January 31, 1840.
In force J;ui. AN ACT concerning attachments,
31, 1840'.
Sec. 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That hereafter when any attachment shall be placed in the hands of any sherift' or other Officer may otiiccr, and the defendant shall be in the act of absconding jiursue deibn- with his goods, and eftects. it shall be lawful for such officer to dant to any pm-^^g ^[-y^^ ^.^^^^ defendant into anv county of this State, and to count\' m the ^ , , , i ' , , "^ i ,- ■ i i r i .
Stare ievy upon and take the goods and chattels oi said dclendant
back to the county from which said attachment issued, any law to the contrary notwithstanding. Approved, January 3l, 1840.
LAWS OF ILLINOIS. ^ 31
AN ACT to amend "An act concerning attachments,'" approved, February In force, Jan. 12th, 1833. 31, 1840.
Sec. L Be it enacted by the people of the State, of Illinois^ represented in the Ganeral Assembly, That all the provisions of the act entitled "An act concerning attachments," shall extend How far at- to one or more joint debtors, so that in all cases, when two ortachment law- more persons are jointly indebted, either as joint obligors, part- ^'^^'^ extend ners, or otherwise, and an affidavit shall be made in pursuance of the provisions of the said act, so as to bring one or more of such joint debtors within the provisions of the same, and amenable to the process of attachment, then the writ of attachment shall '
issue against the property and effects of such joint debtors, so amenable as aforesaid, and shall direct the sheriff^ to summons all of the said joint debtors to answer to said action.
Sec. 2. The court out of which such writ shall be issued, shall proceed in relation to such joint debtors, and so much of their lands, rights, credits, money and effects, as may be at- tached in the same manner as pointed out in the act to which this is amendatory.
Appkoved, January 31, 1840.
AN ACT to incorporate the Middlesex Steam Mill Company . In force, Jan .
31, 1843. t
Sec. 1. Be it enacted by the People of the State of Illinois, represented in the General assembly. That Seth Washburn, Mathias Mason, Robert Easton, and such other persons as shall become subscribers to the stock hereinafter mention- ed, shall be and they are hereby constituted a body politic Body politic and corporate by the name and style of the Middlesex Steam and corporate Mill Company, from and after the passage of this act; and by that name, they and their successors shall, and may have succession for the term of thirty years from and after the Term of char- passage of this act, and shall be capable of suing and being '^'" sued, pleading and being impleaded, answering and being powers answered, in all courts, and places whatsoever; and they and their successors may have a common seal, and they shall, in law, be capable of purchasing and holding real estate for the purposes and objects of said corporation: Provided, That the ProvisD personal property of each stockholder be bound for the con- tracts of such corporation.
Sec. 2. That the capita! stock of said corporation shall be Capital stock six thousand dollars, with power in the company to increase ^M0(>, may said stock to fifteen thousand dollars, if they shall deem it ^^^"s'ojT'^ necessary; that said capital stock chall be divided into shares of twenty-five dollars each, and that the above named corpo- ration have power to open, and keep open, books for subscrip- tion to said stock.
Sec. 3. That the said company are hereby empowered to Further pow- erect and conduct a grist mill and such other machinery to '-''"^
32
LAWS OF ILLINOIS.
be propelled bj steam, as they may deem necessary, and that they have power to make by-laws, and such other regu- lations for managing said affairs as are just and necessary:, Provided, said mill and machinery be erected at or near Half- day post office, in Lake county. Time to build ^^^* '^' '^^^^^' ^'^^ above named corporators be allowed two suil], &LC. years from and after the passage of this act, to construct and erect said mill and machinery, and if said mill be not in opera- tion within said time, this act shall be void and of no eflfect. Approved, January 31, 1840.
In force, Jan. 31, 1840.
Inhabitants maj' become incorporated
AN ACT to incorporate Georgetown in the county of Randolph.
Sec L Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the inhabitants of the town of Georgetown in the county of Randolph, be, and tiiey are hereby authorized, and empowered, to become in- corporated in the manner and upon the terms prescribed in the act, entitled An act to incorporate such towns as may wish to be incorporated, approved February 12, 1831; not- withstanding, there may not be one hundred and fifty inhabi- tants in said town: and upon complying with the provisions of the act aforesaid, the inhabitants of said town, and the Presi-
cise, fandj enjoy all the rights, privileges, and powers grant- ed and conferred by the act above recited. Approved, January 31, 1840.
In force, Jan . AN ACT to vacate the town plat of the town of Washington.
31, 1840.
Sec. 1. Be it enacted by the People of the State of Illi- nois, represented in the General Assembly, That Thomas S. Garvin and Robert McClellan, proprietors of the town of Washington, lying in the county of Fulton, and situated on the west half of section twenty-four, in township three Plat may be ^'^^^^^ ^f range one east, of the fourth principal meridian, vacated be, and they are hereby authorized to vacate the survey and
Proviso plat of said town of Washington: Provided, said Thoms S.
Garvin and Robert McClelland, the proprietors of'said town, shall first in writing, duly signed, sealed, and recorded, in the Recorder's office of said county, signify their consent thereto: And provided also, That vacating the survey and plat of said town, shall not interfere with the vested rights of .-ny person or persons, who may have purchased lots in said town, of the proprietors or others.
Approved, January 31, 1840.
LAWS OF ILLINOIS. W
AN ACT [supplemental to an act] to incorporate the town of Bloomington . In force, Jan.
31, 1840.
Whereas, hy an act of the General Assembly, of the State Preamble of Illinois, approved March 2, 1839, entitled "An act to incorporate the town of Bloomington," it is provided that said town be incorporated, as a body corporate and politic, in the manner therein provided: And whereas, by the neglect of the citizens of said town, to avail themselves of the provisions of said act, in becoming so incorporated, said act has become null and void: Now therefore, Sec. L Be it enacted by the People of the State of Illinois, repi'esented in the General Assembly, That said act be, and is hereby revivod, and continued in full force and operation. Act revived any provision of the same to the contrary notwithstanding.
Sec. 2. Be it further enacted, Thdit <x\. any time heicafler, it shall be competent for any number of freeholders of said town, not less than ten, to post up notices of an election, giv- Notice of elec- ing at least ten days previous notice, to vote for or against ^^""^ incorporating said town, under the provisions of said act, and if it shall appear that a majority of the qualified voters are in favor of the same, it shall be incorporated immediately thereafter by the election of officers, as therein provided; any thing in said act concerning the mode of incorporating, to the contrary notwithstanding: Provided, /iozoei>er, That any failure Proviso. or failures so to incorporate, shall not work a forfeiture of said act, or prevent further or repeated efforts by election, to incorporate said town.
Sec. 3. This act to be in force from and after its passage. Approved, January 31, 1840.
AN ACT to amend an act entitled "An act to incorporate the Union Agri- j^, force Jan. cultural Society ." 3] 1840.
Sec 1. Be it enacted hy the People of the State of Illinois, represented in the General Assembly, That section No. five, of Sec. 5 of act the act of incorporation of the Union Agricultural Society, be ^'^°""^'i annulled, and the following be inserted as the fifth section, to wit:
"Said Commissioners, or a majority of them, may open Substitute books for subscriptions to said capital stock at such times and places as they may think best, by advertising the same at least fourteen days previous in two or more of the newspapers pub- lished in said counties, and may close the same at pleasure, and may appoint committees to receive subscriptions, and abrogate the same, or any of them, at pleasure: and any subscriptions that have been or may be made under the direction of the commissioners, or the committees by them appointed, or to be appointed, are hereby legalized and made valid."
Sec 2. That section No. seven of said act be also annulled, Sec. 7 annul- and the following inserted as the seventh section, to wit: led
3
34 LAWS OF ILLINOIS.
Sec. inserted "If the subscriptions to the capital stock shall exceed ten in heu. thousand dollars, the commissioners may apportion the same
among the subscribers thereto, or increase the capital stock from time to time, to any amount less than thirty thousand dollars." Sec. 8 set a- Sec. 3. That section No. eight of said act be also annull- siile ed, and the following inserted as the eighth section, to wit:
What in place "Said commissioners shall continue in office during the of pleasure of the trustees, and when removed, the powers
vested in them shall vest in and may be executed by the trus- tees."
Sec. 4. That the words "which election shall be annually" Sec. 11 made at the end of the ninth section, and all of section No. eleven, void be also annulled, and the following be inserted as the eleventh
section, to wit: Sec. in place "The trustees hereafter shall be elected at such times as of may be provided in the by-laws, and shall hold their offices
until others are elected in their places, and notice of the time and place of holding such election, shall be given by the Se- cretary, by advertising the same at least fourteen days pre- vious, in two or more of the newspapers published in said counties." Insertion in Sec. 5. That after the words ''a treasurer," in the fifteenth I5th sec. section of said act, the following be inserted to wit: (of whom they may require bonds in a sum sufficient to insure the faith- ful discharge of his duties;") and at the end of the same sec- Words added tion, the following be added, to wit: "They may also establish or connect with this society branches or auxiliary societies, of like characters, in the counties of La Salle, Will, Cook, McHenry and Kane. Sec. 6. That if this society shall be organized within one Privileges and year from the passage of this act the privileges and benefits of benefitsofact, ^]^q original act of incorporation, and of this amendment, shall now secured , P i i i ^ •>.
be, and are hereby secured to it.
Sec. 7. The society incorporated by the act to which this is an amendment, shall exist as a corporate body no longer Term of char- than the period of twenty years from the passage of this '^' act.
Approved, January 31, 1840.
In force Jan. ^^ ACT providing for the binding of the Laws and Journals.
31, 1840.
Sec. 1. Be it enacted by the people of the State of Illinois^ represented in the General Assembly^ That hereafter, until the Aud'r, Sec'y Legislature shall otherwise direct, that the Auditor of Public ^°dj""e^s"i'e'" Accounts, Secretary of State, and State Treasurer are hereby forpubHc'"'^^'^^4"^^'^^ ^^ contract with a Book Binder or Binders, on or he- binding fore the first of September, before the meeting of each Legis- lature. And it shall be the duty of said Binder or Binders, to
LAWS OF ILLINOIS. 35
bind all acts or laws that may be passed, or ordered to be bound: and to fold, stitch, cover with blue paper, and cut the style ofbind- edges of all Journals that may be published; and the saiding Binder or Binders shall receive for their services the following prices, (viz:) for binding laws, leather backs and paper sides, when the number of pages does not exceed one hundred and fifty, at the rate of twenty cents per hundred pages, that each Prices for volume may contain: acts or laws, over one hundred and fifty pages, at the rate of fifteen cents per hundred pages each vohime contains: and in case of a revision of the law^s, the said Binder or Binders are to furnish leather and full bind, with leather covering (law form,) in a substantial, workman- like manner, all such laws as may be ordered to be bound, for when addi- which there shall be added fifteen cents over the price of the tional price half binding ibr each and every volume so full bound: and for^^y be paid doing up the Journals as above specified, there shall be allow- ed at the rate of six cents for every one hundred pages each volume may contain.
Sec. 2. It shall be the duty of the Public Printer or Prin- Duty of Pub- ters to deliver to the Public Binder or Binders each form of ^^'^ Printer the Laws and Journals, dry and in good order, as fast as they are printed; and after the last form of the laws is so printed and delivered, the said Binder or Binders shall bind and de- liver to the Secretary of iState one thousand copies of the laws in fifteen days, and at the rate of one thousand copies -p^j^^ ^^ ^^^j.^ every twelve days afterwards, (Sundays excepted), Alsftj af- very of books ter the last form of the Journals are delivered to said Binder '^°"°d or Binders, they shall do them up as above specified, and de- liver at the rate of one thousand copies every ten days, (Sun- Exception. days excepted.)
Sec. 3. It shall be the duty of the Public Binder or Bin- Binders to ders, to give bond with sufficient security, to be approved of ^g^^^^^"" '^ ^"'^ by the Governor, in the penal sum of one thousand dollars for the faithful performance of his or their contract, agreeable to this act. And a failure on the part of the public Binder or Bin- ders shall subject him or them to a forfeiture of six per cent, per Forfeiture of week on the whole amount of their contract. 6 per cent.
Sec. 4. That on the fulfilment of the contract for binding the Laws, as also on the fulfilment of the contract for doing up the Journals, the Secretary of State shall certify the fact Duty of Secre- to the Auditor, who shall issue his warrant on the Treasurer, t^'"! &■ -A-"di- for the sum due such Binder or Binders; which sum shall be paid out of any money not otherwise appropriated. All acts and parts of acts heretofore passed upon the subject of Pub- lic binding, be, and the same is hereby repealed. This act Acts repealed shall take effect from and after its passage ^ but is in no wise to interfere with the binding of the present session. Approved, January 31, 1840.
36 LAWS OF ILLINOIS.
In force, Jan. AN ACT to incorporate the towns therein named .
31, 1840.
Sec. L Be it enacted hy the People of the State of Illinois^
represented in the General Assembly, That the inhabitants of the
McLeansboro t^wn of McLeansboro' in Hamilton county, the inhabitants of
Fairfield the town of Fairfield, in Wayne county, the inhabitants of the
Scottsville town of Scottville, in Macoupin county, and the inhabitants
Mackinaw of the town of Mackinaw, in Tazewell county, be, and they
are hereby authorized to beconie incorporated, under the
general incorporation law, notwithstanding said towns may
Proviso. not contain one hundred and fifty inhabitants: Provided, said
corporators are not compelled to work the public highways
more than one half mile from the centre of said corporation.
Sec. 2. This act to be in force from and after its passage.
Approved, January 31, 1840.
In force Feb. -^^ ACT to amend the law in relation to change of Venue.
1, 1840.
Sec. L Be it enacted hy the people of the State of Illinois, represented in the General Assembly^ That whenever any ap- peal shall be depending in any of the circuit courts of this State from any assessment of damages for land or other pro- perty taken under the authority of any law of this State for Appeals,when the use of any rail road, canal, turnpike or any other high- taken way, or for any purpose whatever, it shall and may be lawful for the people, or county, or other corporation, or person for whose use such land or other property is to be taken, or the person conducting the appeal in their behalf, or for the claimant or claimants, or his, her, or their agents, or attor- ney at law, or attorney in fact to file, his, her, or their affida- vit in writing, stating that he, she, or they verily believe that a fair and impartial trial of said appeal cannot be had in the court where said appeal is depending; on account that either the Judge of the court, or the People of the county, are in- terested or ])rejudiced against the cause of the party on whose behalf said application is made, or in favor of the cause of the other party, or for or against the parties as aforesaid.
Sec 2. On filing such affidavit it shall be the duty of the Change of ve- court to change the venue of said cause to some convenient ^^^ county to which objections shall not be made by similar affida-
vit. And said appeal shall be dockited and tried in the court to which the venue thereof is changed, in the same manner as if it had been originally instituted there. When objec- Sec. 3. That if any objection shall be taken to any such lion is niadcappef^l q^ account of any defect in the appeal bond, such ob- Proviso?^ jection shall not be sustained: Provided, the appellant, his, her, or their agent or attorney shall enter into, and acknowl- edge such bond, with sufficient security as may be approved by said court.
Approved, February 1, 1S40.
LAWS OF ILLINOIS. 37
AN ACT to incorporate Shiloh College. In force, Jan.
8th, 1840.
Sec. I. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That James Gillespie, g^jy ^0,,. James Bradley, John Moore, Benjamin F. Bradley, John Bar-porate. row, William Pike, Richard Bradley, Arthur Cross, William Bradley, and John B. Burke be, and they are hereby created, a body corporate and politic, by the name and style of the g^^j™^ "President and Trustees of Shiloh College;" and by that name and style to have perpetual succession: the said institutioH Object, being designed to promote the- cause of education and im- provement in literature; and to be located in the county of Location. Randolph.
Sec. 2. The corporation hereby created shall have power Po^ers. to make and execute- all necessary contracts for the promo- tion of the cause of education, and improvement of literature in said institution; and to purchase and hold such personal property as may be needful in advancing the ends of its crea- -^[^^ j^^j^ tion; and may purchase and hold, for the use thereof, any land, quantity of land not exceeding eighty acres. The said cor- poration may sue and be sued in its corporate name; plead Common seal and be impleaded; may have a common seal, and make by- ^ .. laws for its regulation, not inconsistent with the constitution dnd laws of the United States or of this State.
Sec. 3. A majority of the trustees shall form a quorum to Q"orum
do business; and shallhave authority to elect a President and x^ -^ . j , , ' ~ 1 •' ^ -I ,1 rresidentand
such other oiiicers as may be necessary to prescribe the course other officers of studies to be pursued; to fix the rate of tuition; to appoint a preceptor and such officers and assistants as they may con- sider the interest of the institution requires.
Sec. 4. A majority of the board of trustees may fill any vacancies vacancy which may occur in the board, from death, removal, how filled resignation, or otherwise.
• Sec. 5. The said institution shall be open to all religious To be open to denominations; and the profession of no particular religious ^ faith, shall be required either of officers or pupils. Appkoved, January 8, 1840.
AN ACT to chanere the name of the town of Columbus, in the county of^"^ ^^^?,jfT ^ Randolph. Jan. 1840.
Sec. L Be it eyiacted by the People of the State of Illinois, ^-.^^^^^^ 7-epresenied in the General Assembly, That the name of Co- changed to lumbus, in Randolph county, be, and the same is hereby Sparta, changed to that of Sparta.
Approved, January 8, 1840.
38 LAWS OF ILLINOIS.
In force, 8th AN ACT to authorize the county court of Lawrence county, to build a Jan. 1840. bridge across the Embarrass River.
Sec. L Be it enacted by the people of the State of Illinoisy represented in the General Assembly, That the county commis- Bridge at sioners' court of Lawrence county be, and they are hereby, Lawrence- authorized to cause to be erected a bridge across the Embar- ^^ ^' rass River, at the town of Lawrencevilie, on a direct hne with
either of the two streets that run north from tlie public square in said town. Said commissioners shall agree upon a plan of Location. g^id bridge, and cause the same to be recorded; they shall cause a correct description, in writing, of the plan of said bridge, to Plan of |je posted up in the Clerk's office of said county, at least twen- "'ge. ^y Anj^ previous to letting any contract for the erection of
said bridge; and shall cause written notices to be put up in at Notice be- least six of the most public places in the county, for a period fore contract. ^^ ^^^ j^g^ ^j^^^^^ ^^^ month before entering into any contract lor the materials or erection of said bridge, stating therein, that they will let to the lowest responsible bidder, at the court house in said town, on a day to be agreed upon by them, contracts for the delivery of the necessary materials, also, contracts for Proviso. the masonry and carpenters' work of said bridge: Providedy
That, in making contracts, said commissioners shall take a bond, payable to the county of Lawrence, with security, to be ap- proved of by them, for the faithful performance of such con- tracts, by the person or persons who may undertake the same, and within such time as shall be agreed upon: And provided, further, That, in no case, shall ihe commissioners make any payment to any person engaged in the said work, which shall exceed two-thirds of the value of work then performed, until the conti-act shall be completed, and received by the commis- sioners.
Sec. 2. The said building, when erected, as aforesaid, shall Bridge to \^q^ ^^-^^ forever remain, a public bridge, free to the passage of aiid^liept" in ^^ persons, and their property, at all t"mes, and without any repair. charge whatever; and the county commissioners* court of Law-
rence county shall cause the same to be kept in good repair, to afford a safe passage to all persons and their property. Navigation Sec. 3. Nothing in this act shall be so construed, as to au-
ofriver notto tiiorize the said commissioners to obstruct the navigation of 1)3 obstructed. -j- -ji-xi n j. iii_,
said river, with either flat or keel boats.
Approved, January 8, 1840.
In force, 8th Jan. 1840- AN ACT to amend "an act to establish the county of Hardin, approved
2d March, 1839."
Sec. L Be it enacted by the People of the State of Illinois, Boundaries represented in the General Assembly, That all that part of the of the county territory ot Pope county, as it stood previous to the passage of of Hardin. the law to which this is an amendment, which is comprised
LAWS OF ILLINOIS. 39
within the following limits, shall constitute the county of Har- din, that is to say: beginning on the Ohio river, at the point where a line, dividing sections thirty-four and thirty-five, in township twelve, south of range seven east, running south, would strike the Ohio river; thence, due north with the sec- tional line to the Gallatin county line; thence, east two miles; and thence, southeast along the line dividing Pope and Gal- latin counties to the Ohio river: thence, with the Ohio river, to the place of beginning.
Sec. 2. The said county of Hardin shall have jurisdiction J'lvisdiction of all the territory included within the said limits, as well as ° '^°""^y- all jurisdiction which, of right, belongs to the State of Illinois, upon so much of the Ohio river as forms the river boundary of said county of Ho rdin.
Sec. 3. That it shall be the duty of the county commission- co"iSrs°of ers of the county of Pope, to pay over to the county commis- Pope county, sioners' court of Hardin county, a fair proportion of the money p,.opo,.tjoj, received by said county of Pope, from the State under the of Internal Internal Improvement law; also, a fair proportion of the Improvement school fund, according to the population of Pope and Hardin °io"^J- counties, in the year one thousand eight hundred and forty, to School fund. be ascertained by the census of that year.
Sec 4. That immediately after the passage of this act. Election to the oldest justice of the peace, within the limits of ihe^^.^'lT'^,^^
^ TT 1. ,11 1 1 • .1 1 1 1 • .1 oldest Justice
county of Hardm, shall order an election to be held in the of Peace for several places of holding elections in said county, for a she- co. officers, riff, coroner, and three county commissioners, and a commis- sioners', clerk, and all other county officers elective by the people, for said county of Hardin; whose powers and duties shall be the same as other sheriffs, coroners, and county com- missioners of other counties. The notice for the elections Notice for aforesaid, shall be given three weeks before the time of holding ^ ^^^^°°- it, by posting up, at three of the most public places in said county of Hardin, a notice thereof; and it shall be the duty of said justice giving the notice aforesaid, to receive the polls, count the votes, and declare who shall have been elected sheriff, coroner, and county commissioners of said county of Hardin.
Sec. 5. Said sheriff, coroner, and county commissioners, so Term of of- elected, shall continue in office until the next general election. ^^^^"
Sec. 6. It shall be the duty of the county commissioners p||.^f^Q^_ first to be elected, to appoint a day for an election, to be held missioners at the several places of holding elections within the limits of said county of Hardin, for the purpose of choosing the per- Election for manent seat of justice of said county; and if no one place ^^^g shall have received a majority of all the votes given, then it shall be lawful for the legal voters to meet at the place or places of holding elections, in ten days thereafter, and then and there select and vote foi" one of the two places only, heretofore voted for, having the two highest number of all the votes where the county seat shall be located; and that
40 LAWS OF ILLINOIS.
place, having a majority of all the votes given, shall be the permanent seat of justice for said county of Hardin.
Sec. 7. The county commissioners of Hardin county are Appropria- hereby authorized to appropriate, for public improvements, tion for public the amount of money which said county is to receive from improvements ^^^^ county commissioners of Pope county under the Internal improvement law, as provided in the third section of this act. faXd To' 3d ^^^- ^' ^^^'^ ^^^^ county of Hardin shall belong to the third Jud. circuir judicial circuit; and the limes of holding the circuit courts of said county, shall be as follows, to wit: on the Thursdays be- din'"' courts' ^^'''^ ^^^ sccond Mondays in March, and the fourth Mondays Proviso in August: Provided, That no term of the circuit court of said
county of Hardin shall be held until the fall term of said court, as herein provided; that all suits now pending in the Pope cir- cuit court, in which citizens of Hardin county are concerned, Suits in Pope or to be commenced, by or against citizens of Hardin county, circuit court pnor to the next March term of the Pope circuit court, shall be tried in said Pope circuit court; and that the said circuit court of Pope county have full and complete jurisdiction of all matters, whether civil or criminal, which pertain to the said county of Hardin, as it had prior to the passage of an act, entitled "An act establishing the county of Hardin, approved March 2, 1839," to which this [is] an amendment, until after the March term, next ensuing, of the said Pope circuit court. Laws re- Sec. 9. All laws, or paris of laws, coming within the pro-
pealed visions of this act, are hereby repealed.
Approved, January 8, 1S40. i
In force 8th ■'^N ACT supplemental to "An act to authorize the county commissioners Jan. 1840. ^o construct certain roads in Greene county."
Sec. L Be it enacted by the People of the State of Illinois, Duties ^Q, represented in the General Assembly, That all the duties that quired of com are required and directed to be done by the county commis- missioners of sioners of Greene county, under "An act authorizing the coun- to''1b" perfoi^- ^y <-ommissioners' court to construct certain roads in Greene med by comr's county, approved March 2d, 1S39," if the county of Jersey of Jersey had not been created, is hereby authorized and required to county j^g done by the county commissioners of Jersey county, in re-
gard to the road from Jersey ville to the river in said county; ,, . ,. said county commissioners are hereby authorized and required expetided ' ^^ expend the same amount of monoy, and in the same way that the county commissioners of Greene county would have done, if the county of Jersey had not have been created. This act to be in force from and after its passage. Approved, January 8, 1840.
LAWS OF ILLINOIS. ^ 41
AN ACT authorising an additional Justice of the Peace in the La Harpe In force, 8th District, in Hancock county . Jan, 1840.
Sec. L Be it enacted by the People of the State of Illinois, represented in the General Assembly, That one justice of the peace in addition to the one now allowed by law, shall be Additional elected in the La Harpe district, in the county of Hancock, Justice for the which Justice so elected shall reside in the town of La Harpe, Jj^^p^ ° in said district.
Sec. 2. The county commissioners' court of Hancock county are hereby required, to cause an election to be held Time of on the first Monday of April next, or as soon thereafter as election practicable, and at each quadrennial election thereafter, for one justice of the peace in said district in addition to those now allowed by law.
The justice of the peace so elected, shall hold his office Term of of- until the next general election for justices of the peace, and until his successor shall be elected and qualified as in other cases; and the Justice so elected, shall have the same juris- Jurisdiction diction, and be governed in all respects by the same regula-°^ "®^^^^ tions as other justices of the peace.
Approved, January 8, 1840.
AN ACT to incorporate the Clinton Steam Mill Company.
Sec. L Be it enacted by the People of the State of Illinois M^^^^^^^^^^^ represented in the General Assembly, That Thomas Bond, James Wightman, James Thompson and Benjamin Bond, and their associates, successors and assigns, be, and they are here- ^^^J corpo by constituted a body politic and corporate, by the name and style of the "Clinton Steam Mill Company," for the more Name and convenient owning and conducting a Steam Saw and Grist style Mill, to be propelled by one or more steam engines, in the county of Clinton, and the transaction of all the usual busi- ness of companies engaged in the manufacture of flour, meal and lumber, and the transportation and vending the same; and the said corporation, by the said name, is declared, and hereby made capable in law, to sue and be sued, to plead and be impleaded, to have a common seal, and the same to alter po^^ei-a and renew at pleasure, to make rules and by-laws, for the reg- ulation and management of the said corporation, consistent with the laws of this State; and generally to do and execute whatever by-law shall appertain to such bodies politic: Pro- Yxoyiso vided, That nothing herein contained, shall be considered as conferring on the said corporation any banking privileges, but thsy shall be exclusively confined to the operations necessary for carrying on the business consequent upon the running and corducting of steam mills.
Sec. 2. The said corporation shall have the right to hold,,^^^™°^"^^^^^ possess and enjoy, any quantity of land, not exceeding six hun- held
42
LAWS OF ILLINOIS.
dred and forty acres, and the whole amount of capital stock Capital stock, shall not exceed in value thirty thousand dollars, and shall be howemployed di^i^jg^ jn^Q ^^6 hundred shares of three hundred dollars each; which capital shtU be employed in purchasing and holding the lands aforesaid, and in procuring, constructing, employing and using buildings, machinery, teams, tools and utensils, and all things necessary and proper for the manufacturing of meal, flour, and lumber, and transportation and sale of the same; and the purchase of corn, wheat, timber and other materials for the successful prosecution of the object of the company; every mem- ber of the company shall have a certificate, under the seal of the corporation, and made and altered in such manner and form, as the by-laws shall prescribe, certifying his property in the share or shares owned by him, and the stock of said company shall in the nature of personal property, be assignable and trans- ferable, according to such rules as the board oi directors shall establish, and no stockholder indebted to the company, shall to be transfer- be permitted to make a transfer or receive a dividend, until !^'^_'^!-j^^'^'^^^ch debt is discharged, or security given for the same to the satisfaction of the directors.
Sec. 3. For the managing of the affairs of the said corpo- ration, there shall be chosen from among the stockholders, four directors, who shall hold iheir office for one year, or un- til superseded by others, ten days previous notice shall be given, by putting up written notices in five of the most public places in the county of Clinton, (or by publishing in a public newspaper whenever there shall be one published in the county of Clinton.) of the first election for directors under this act, and there shall be annually thereafter, a like election for directors, in the town of Carlyle. In all such elections for directors, each proprietor of a share in the capital stock shall be entitled to one vote for each and every share held and own- ed by him, which vote shall be given, either by himself in person, or by his proxy duly authorized under seal, and a ma- jority of the shares shall be necessary to a choice of directors, or the transaction of any business which may concern the company and come before the stock holders.
Sec. 4. A majority of the directors shall form a quorum to transact business, and they shall meet within thirty days from the time they shall have been chosen at Carlyle, and cho ")se by ballot one of their number for President, who shall serve for one year, or until superseded by a new election; and there Annual elec- shall be annually thereafter,'a like election in the town of Car- ^^^^ lyle, by the said directors for the time being of a President
for the said corporation. Secretary and The said directors shall also have power to choose and ap- Treasurer, & point a secretary and treasurer, and such other officers and agents to conduct and prosecute the business of the said cor- poration as they shall deem necessary and proper, and p:-e- scribe their duties from time to time in such way as said direc- tors may think best. f
Stock trans- ferable
Stock not
are paid
Directors, how chosen
Notice of election
Hovr each share may %'ote
Quorum to do business
President
other officers
LAWS OF ILLINOIS. 43
The said directors shall cause to be kept, duly recorded in books to be provided and kept for the purpose, minutes of all Minutes of their proceedings, and regular accounts of all their transac- ['J°jj^g'^^g "^^ tions; as also minutes of the proceedings of the stockholders at each of their meetings, which book may at any time be inspected by any of the stockholders. The said directors shall have power for good cause, to be spread at large, together with the proof in support thereof upon the minutes aforesaid, 0^^^^.^^^^^^ to remove the President from office; they shall have power also be removed to supply any vacancy which may occur in the office of Presi- ident, or in their own body, and the president or directors thus chosen, shall hold his office until the next succeeding regular annual election for such office.
Sec. 5. The directors may from time to time, at any meet- Payment of ing, assess and require payment of such sum of money not instalments exceeding twenty per cent, upon each share of the capital stock, as shall be judged by them necessary for the purposes of the corporation, to be paid into the hands of the treasurer; and \
if after publication of notice in a newspaper, once a week for two months, or by posting up wi'ittcn notices for the space of two months by the secretary oi the boaid of the time of pay- ment of any proportion or instalment of said capital stock, in Failure to five of the most public places in the county of Clinton, if there pay iustal-
be no newspaper pubHshed in said county. Any stockholder J"^"'.^' ^''^p » .,, , ^ 1 • . , I , . .1 ^- T > • I forfeit prevx-
iailing to pay his instalment, at the time specined in such no-Qus payments
tice, the amount paid by sueh delinquent stockholder previous- ly, shall be forfeited to the company, and his stock may be ^tock may sold to any person for such price, as may be agreed upon be-^*^ ^ tween said company and the purchaser.
Sec. 6. Dividends of the nett profits of the said company Dividends shall be made at such time as shall be determined by the stock ^^"^ '"^^'^ holders in general meeting, which dividend shall be paid to the person entitled to the same, on demand made, ten days^f dividends after making and declaring such dividend. The declaring to be pub and amount of said dividend shall be published once or more'ished in a newspaper, should there be any printed in the county of Clinton, and should there be no newspaper printed as afore- said, then for four weeks successively, by keeping up printed notices in five of the most public places in the county.
Sec. 7. The Treasurer of the Company within thirty days T/easuroMo after his appointment shall enter into bonds for the faithful ^^^^ discharge of his duties, in such amount as shall be designated by the Board of Directors, and with such securities as said Board may approve; and all monies accruing to the company and falling into the hands of said Treasurer, shall be by him safely kept and disbursed for the uses of said company as al- ready provided for, and in accordance with the by-laws of said company, not conflicting with any of the provisions of this act.
Sec. 8. The stock of said company shall be deemed per- sonal estate, and pass as such to the legal representatives of
44
LAWS OF ILLINOIS.
Proviso
Real estate may be sold
Proviso
Terra of charter
each stockholder: Provided^ That the real estate which may be held by said corporation shall be sold and conveyed when they may think proper so to dispose of it, according to the forms and in the manner prescribed by law for conveying real estate, the President of the company making the acknowl- edgment on behalf of the corporation : Provided^ also, that the whole amount of real estate purchased by said corporation during its corporate existence shall not exceed six hundred and forty acres.
Sec. 9. Said corporation shall continue, and by the name and style of the "Clinton Steam Mill Company" shall have succession for and during the period of twenty years and no longer.
Approved, January 8, 1840.
In force, 8th Jan. 1840.
AN ACT to vacate the town plat of Shepherdstown.
Sec. L Be it enacted by the People of the State of Illinois, represented in the General Assembly, That so much of the town plat of Shepherdstown, as lies within the county of Vermil- Condition on ion. State of Illinois, shall be, and the same is hereby declared which^plat^of yjj^g^|.g(j^ ypQj^ ^|-^g proprietor of said town making and filing ted ' with the clerk of the County Commissioners' Court, of said
county of Vermilion, under oath, a statement in writing, set- ting forth that he is the sole proprietor and owner of all the lots embraced within the limits of said town. Approved, January 8, 1840.
In force, Stli Jan. 1840.
AN ACT to attach the county of Lee to the sixth Judicial District.
Sec. 1. Be it enacted by the people of the Slate of Illinois, represented in the General Assembly, That the countj of Lee, be, and the same is hereby attached to the Sixth Judicial Circuit. This act to be in force from and after its passage.
Approved, January 15, 1840.
In force, 15th Jan. 1840,
AN ACT to change the name of the town of Worcester, in Pike county' to that of Barry.
Name of town ^*^^* ^' ^^ ^^ enacted by the People of the State of Illinois, changed to represented in the General Assembly, That the name of the Sarry town of Worcester, in Pike county, be, and the same is
hereby changed to that of Barry. Approved, January 15th, 1840.
LAWS OF ILLINOIS. 45
AN ACT to vacate the plat of the town of Cottage Grove, in the county of In force,
Cook. January 15th,
1840.
Sec. I. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That the survey and Plat vacated plat of the town of Cottage Grove, in the county of Cook, be, and the same is, hereby vacated: Provided, the assent of Proviso the owners of any lots in said town, shall first be obtained, which assent shall be made in writing, and recorded in the recorder's office of Cook county. This act to take effect, force from and after its passage.
Approved, January 15, 1840.
AN ACT to Icsralize the assessment of taxes in the county of De Kalb,
for the year 1839. ^ I" fo^f',
•' January 15th,
1840.
Sec. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the assessment o^-J^^De^Kalb^'^ taxes in the county of De Kalb, shall be as valid to all intents for i839 le- and purposes, as if it had been made as required by an act galized concerning the Public Revenue, approved Feb. 26, 1839. .
Approved, Jan. 15, 1840.
AN ACT to authorrze Benjamin W. Pope and William Gasoway to build ^^3 ,
^ amill-dam. ^"/""""^'^ S'^
Jan. 1840
Sec 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Benjamin W. Pope and William Gasoway be, and they are hereby au-Mill dam, thorised to raise and continue a mill dam across Big Muddy, where built on section, number tu^enty, township number seven, range number two east of the third principal meridiam, in the county of Franklin, to the height of ten ieet: Provided, The Proviso said Benjamin W. Pope and William Gassoway own the land on' which the same is to be raised; and. Provided, That Further pro- the raising of said dam does not interfere with any mill dam viso formerly built across said river; however, upon the follow- ing conditions, to wit. That the State in no event, shall be Conditions bound to pay any damages for removing said dam, and other obstructions, shall it hereafter be necessary, for the purposes of improving the navigation of said river.
Approved, January ISth, 1840.
46 LAWS OF ILLINOIS.
In force. 18th AN ACT to compensate certain witnesses-
Jan. 1840.
Sec. L Be it enacted by the People of the State of Illinois, represented in the General Assembly^ That there be allowed $2 per day for to each witness, summoned by the House of Representatives attendance ^^ ^j^jg session of the General Assembly, the sum of two dollars for each day such witness was compelled to attend, $2 for 20 and two dollars for every twenty miles necessary travel, to, miles travel ^nd from the Seat of Government. And the Auditor shall issue warrants in favor of each individual, the number of days and miles being sworn to, before any qualified person, by the individual presenting such claim, or proved by any Proviso credible witness: Provided, That witnesses, summoned while
at the Seat of Government, shall not be allowed mileage. This act to be in force from and after its passage. x\ppROVED, January ISth, 1840.
Citizens not to vote for
In force, 18th AN ACT to amend an act, entitled "An act to increase the corporate Jan. 1840. powers of the town of Chester.
Sec. 1. Be it enacted by the People of the State of Illinois,
rep)rese7ited in the General Assembly, That the provisions of
an act entitled, "An Act to increase the corporate powers of
the town of Chester," in force February the 12th, 1^39,
Justices in shall not be so construed as to authorise the citizens of the
precinct of town of Chester to vote for Justices of the Peace and Con-
^^^^^ stables, in the Justice's precinct in which said town of
Chester is situated.
Sec. 2. The Board of Trustees of said town shall have erTof^Bo^nrP^^^'* *° appoint a Secretary, Treasurer, Assessor, Collector, of Trustees Street Commissioner, and such other officers as the Trustees may deem necessary, any thing in the eighth section of the act to which this is an amendment, to the contrary notwith- standing.
Approved, January 18th, 1840.
In force, 18th AN ACT to legalize the survey and relocation of part of a State road Jan. 1840. therein named.
Sec. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the survey and relocation of a part of the State road, leading from Peoria, Relocatlt>n of^^ Burlington, as made by Benjamin Tompkins, Kenner road legalized Brent, and Matthew J. Cox, in Warren county, be, and the same is hereby legalized, and the county ccmmissioners' court of Warren county is hereby authorised to receive and record Report to be the report in the same manner as though the survey and re- recorded location had been made in conformity to the law authorising the resurvey and relocation. Approved, January 18th, 1840.
LAWS OF ILLINOIS. 47
AN ACT to amend an act, entitled "An act to vacate the survey and plat In force, 18th of the town of Middleton. Jan. 1840.
Sec. I. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That instead of the name Name substi- of John Newman, contained in said act, the name of Johntuted Nawman, be substituted.
Approved, January 18th, 1840.
s
AN ACT for the relief of Lake county. In force, 18th
Jan. 1840.
Sec. 1. Be it 'enacted by the People of the State of Illinois, represented in the General Assembly, That so much of the tax, Tax in Lake levied by order of the county commissioners' court of Mc- J^^jJ^^^j^^^j^Jy*^ Henry county, as has been assessed on that portion of Mc- to be collect- Henry county now forming Lake county, be legalized, and ed by Lake the county commissioners of Lake county be authorised to^°""'^ appoint Collectors, and have the same collected for the use of said Lake county, under the aforesaid assessment, made by the commissioners of McHenry county, at their March lerm, 1839.
Approved, January 18th, 1840.
AN ACT to lea-alize the assessment of taxes for the county of DuPasre- In force, 18th
Jan. 1840.
Sec. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the appointment Assessment of Assessors, and the assessment of taxes in, and for the legalized county of Du Page, for the year one thousand eight hundred and thirty-nine, shall be as good and valid to all intents and purposes, as if the same had been made at the periods directed by the act entitled, "An Act concerning the Public Revenue," approved, Februry 26th, 1839, and that any person fcel-griev°d%e^" ing aggrieved by the valuation of taxable property, may medy apply to the county commissioners' court of the said county, to be holden in March next, for such relief as is authorised by the aforesaid act concerning the Public Revenue, and the said court may then grant such relief as could have been granted by law at the June term of such court.
Approved, January 18th, 1840.
AN ACT to authorize certain persons therein named to keep a ferry. In force, 18th
Jan. 1840,
Sec. 1. Be it enacted by the People of the State of Illinoisi represented in the General Aesembly, That David W. Matthews, Mark Aldrich, their heirs and assigns, are hereby
48 LAWS OF ILLINOIS.
Fevrj estab- authorised to establish and keep a ferry for the period of ten years "^^ *^" years, across the Mississippi river from the town of Warsaw, Location ^^ Hancock county, to a point at or near the mouth of the
Des Moins river, opposite said town. Boat to be fur ^^c. 2. Said Matthews and Aldrich shall, within two nished and years from the passage of this act, cause said ferry to be fur- worked by nished with a good tight boat, worked by steam power, and „ °^ sufficient for the safe and speedy transportation of all pas-
sengers, their teams, horses, cattle, and other animals, as well as their goods and eflects; and said boat shall be furnished with men of suitable strength and skill to manage the same. Sec. 3. Said Matthews and Aldrich shall receive such Rates of to]l rates, and sums of money, for crossing at said ferry, as are now allowed, and taken for crossing between Warsaw and By whatpow- the mouth of said river Des Moins, and in the management erned ^ ^°^" ^^ ^'^^ santic, they shall be governed by the requisitions of the act, entitled "An Act to provide for the establishment of ferries, toll bridges, and turnpike roads," approved February 12, 1827.
x'\ppROVED, January 18th. 1840.
In force, 29th An ACT to amend "An act to incorporate the Beet Sugar, Silk and Vege- Jan. 1840. table Oil Manufacturing Company, "approved February 27, 1837."
Sec. 1. Be it enacted by the People of the State of Illinois^ represented in the General Assembly, That John B. Hundley, Directors Benjamin F. Edwards, Justis Rider, Charles Howard and William H. Rider, shall be directors of the Beet Sugar, Silk and Vegetable Oil Manufacturing Company, until the first Monday in February,1840, at which lime, and annually there- Annual elec- after, five directors shall be chosen by the .stockholders of tion said company; and if such election shall be made on the said
first Monday in February, 1S40, or within three months there- after, the charter of said company shall not be deemed to have been Ibvfcited by reason of any neglect to choose directors heretofore. Commission- Sec. 2. That Jacob Fry of Greene county, Lewis Roberts ers to receive of Calhoun county, Ira Davenport, Alexander Brothers and to callital °"^ Austin Broken brough, of Morgan county, are hereby appoint- stockof Miss, ed commissioners, a majority of whom arc hereby authorized and 111. canal to open books for the subscription to the capital stock of the company Mississippi and Illinois Canal Company; and in all other respects, to carry into effect the act incorporating said compa- Failure to ny, according to its provisions; and that a failure, on the part ties°h™l no't ^^'^ commissioners originally appointed in said act, to per- work forfeit- form the duties required of them, shall not be considered as a "re forfeiture of said charter.
Approved, January 29, 1840.
LAWS OF ILLINOIS. 49
AIN ACT to amend "An act incorporating the Calhoun Coal and Mining In force,
Company." Jan. 31, 1840.
Sec. L Be it enacted by the peoj)Ie of the Statu of Illinois, represented in the General Assembly, That the stoclchoiders of the Calhoun Coal and Mining Company may locate a portion Land may be of the land authorised in the act to which this is an amend- located in ment, in the county of jMonroe, with the privilege of build- ^^°"'"°^ *^°""" ing a rail road from their coal mines to the banks of the Mis-/^_ .^^^,^^^ sissippi river, the right or way to be procured m the same build a raih-'d manner as is now provided in the act to obtain the right of way, and for other purposes, approved February 28, 1633.
Sec. 2. The capital stock of said company, at any regular Capital stock meeting of the stockholders, may be increased to one hundred ^g^gp'^j /o ' thousand dollars, which capital, when paid in, shall have pow- $ioo,ooo er to use their surplus capital in the same manner as is provid- Surplus capi- ed in the act granted to the Illinois Insurance Company, ap-talmay be proved March 2, 1839. '^'^'^•
Approved, January 31, 1840.
AN ACT to establish a ferry across Illinois river. jjj force
Feb. 1 1640
Sec. i. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That William L. May, his heirs and assigns, be, and they are hereby authorized to establish a ferry at the outlet of lake Peoria, and to run the same from both sides of said outlet on the Illinois river, either from any pubHc highway or from any lands or lots which are Location of or may be owned by them. ^^^^'
Sec. 2. The said William L. May, his heirs and assigns, shall, at all times keep a sufficient number of boats, hands, oars and poles, to afford at all times a safe and speedy trans- portation of ail triiveliers and other persons who may desire to cross said river with their horses, wagons, carriages, and other property; and the said ferry shall at r.ll times be sub- ject to all the rules and regulajions, which now are or may hereafter be provided by lavr, to regulate ferries in this State.
Sec. 3, In consideration of the obligations hereinafter imposed, the said William L. May, his heirs and assigns, shall have the right of ferrying and receiving tolls therefor, at Tolls the said outlet, for and during the term of fifteen years from the first of February, 1840.
Sec. 4. The said William L. May, his heirs and assigns, shall be authorized to receive the same tolls as are now al- lowed by the county commissioners court of Peoria county, at the ferry established at the said outlet of lake Peoria.
Sec. 5. The said William L. May, his heirs and assigns, shall at all times during the existence of the privilege hereby 4
5) LAWS OF ILLINOIS.
Persons pass- granted, afford a free passage over said ferry, to all citizens ing free of toll ^^ what IS now Tazeweli county, together Avith their horses, carriages, wagons and other property, when going to or re- turning from the town of Peoria, for the purposes of trade with any of the inhabitants thereof, or for the purpose of con- sulting or employing any physician or lawyer of said town of Peoria.
Sec. 6. If the said William L. May, his heirs and assigns,
shall at any time after the provisions of this act takes effect,
demand or receive any toll or ierriage, from any citizen of
Tazewell county v/ho may desire to cross at said ferry, for
ihe purposes of trading or transacting business as aforesaid,
Penalty for ^^j ^.j-jq shall demand his exemption as aforesaid, he or they
dtizeL^of^° shall forfeit for every such ofl'ence to every such person, the
Tazewell sum of five dollars, to be recovered with costs before any
justice of the peace by action of debt.
Sec. 7. The license and privilege hereby granted, shall be liable to be revoked by infoi'mation in the nature of a quo ivarranto, to be filed in the circuit courts either of Tazevvell Privileges or Peoria counties, if at any time hereafter the said William maybe revok-L_ May, his heirs and assigns, shall fail to keep at said ferry a sufficient number of boats, oars, poles, and hands, to afford a passage to all persons with their property, who may desire to cross said ferry with safety and reasonable, speed, or if at any time he or they shall knowingly and wilfully fail or neg- lect to comply wdth any of the provisions of this act.
Sec 8. The said William L. May, his heirs and assigns, shall annually on the first day of September, in each and ev- $50 to Peoria cry year, pay into the county treasury of the county of Pe- county Qpja, the sum of fifty dollars for the use of said county, and
shall at the same time in each year, pay a like sum of fifty 350 town of dollars into the treasury of the town of Peoria, to be expend- Peoria ed under the direction of the Trustees of said town in im-
proving so much of the State road leading from Peoria to Springfield, as lies between the Illinois river and the top of the bluff; and if at any time the said May, his heirs and as- signs, shall fail to pay the above amounts for the space of one 1 month after the same shall become due, the license hereby
granted may be revoked as aforesaid.
Sec. 9. If any person or persons shall, by falsely repre- senting themselves to be citizens of Tazewell county, and go- ing to Peoria for the purposes of trade or the transaction of bu- siness as aforesaid, procure a free passage across said river at the ferry aforesaid, every srch person shall forfeit and pay to the said William L. May, his heirs and assigns, the sum of five dollars for every such offence, to be recovered by action of debt in the name of the party aggrieved, before any jus- tice of the peace having jurisdiction therein.
Sec. 10. The provisions of this act shall not take effect
Proviso. unless the said William L. May shall, on or before the first
day of April, 1840, file in the office of the clerk of the coun-
LAWS OF ILLINOIS. 51
ty commissioners' court of Peoria county, a bond with one or more securities, to be approved by said clerk in the penal sum of one thousand dollars, payable to the county aforesaid, conditioned to perform all the duties required by this act.
Sec. II. The county commissioners' courts of the coun- , .
lies of Peoria and Tazewell, is [are] hereby inhibited from i,j,°estab]ished granting any license, to keep a ferry at the said outlet of lake at outlet Peoria, during the existence of this grant, but nothing in this act shall be construed to interfere or prejudice any rights already obtained.
Sec. 12. The trustees of the town of Peoria are hereby authorized to expend, under their direction, the amount re- quired by this act to be paid into the Treasury of said town by the said William L. May, upon so much of the State road Part of road leading from Peoria to Springfield, as lies between the river ^o°?P^oi'^i^''^ and the top of the bluff; also to cause to be expended any ^'^"^ ^ further sum or sums of money that they may think proper to expend from time to time, upon that part of the said road.
Sec. 13. In addition to the amount required to be paid by the said William L. May, by the provisions of the eighth section of this act, he shall cause to be expended upon that part of the Springfield and Peoria road, lying between the Illinois river and the top of the bluff, the sum of fifty dollars |50 to be ex- annually, for which he is to file his vouchers for the actual pendedby W. expenditure, with the board of trustees of the town of Peo-^" ^^^^' ria, on or before the first Monday in September, in each year.
Sec. 14. That so much of the eleventh section of the act entitled "An act to extend the corporate powers of the town of Pekin, approved February 23, 1839," as gives the county commissioners' court of Peoria county the right to fix and re- gulate the rates of ferriage over the Illinois river at said town, be and the same is hereby repealed. Sec. repealed
Approved, February 1, 1840.
AN ACT authorizing commissioners' courts to alter, change, andjre-locate In force. State roads. Feb. 1, 1840.
Sec 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly.^ That the county commis- sioners' courts of the several counties in this State shall have the control of, and jurisdiction over all roads in their re- Co'nty com'rs spective counties, as well State roads located by State au- '« ^^J^ con- ihority, as by the county, and may alter and relocate the^'^*^ ° '^^^ ^ same on application.
Sec. 2. That when any person or persons desire a change, or re-location of any State road now located, notice of such intended application shall be given, by setting up advertise- ments in wriling, at least one in each road district, through
52 LAWS OF ILLINOIS.
which said road shall pass, and on the court-house door, twenty days previous to the sitting of the court to which ap- Pctition for: plication shall be made; and on petition of a majority of the roads qualified voters of each road district, through which the road
shall pass, fairly obtained, the court shall appoint viewers, to examine the rout, and make the location, and the proceed- infjs thereafter shall be had as in cases of county roads: Pro- Proviso, vided^ nothing in this act shall be so construed as to authorize the re-location of any State road, unless the majority of the qualified voters living immediately in th.e vicinity of such road proposed to be changed, petition for such change; and depos- ite with the county commissioners' clerk sufficient money to defray the expenses of such review :ylnf/ pri. tided further^ no change sliall be made unless the distance is shortened thereby. Sec. 3. That when it shall become necessary to have a road altered, or located at a county line, the same shall be agreed on and settled by viewers, from each county, to be Roads ending appointed by the counties immediately interested; and no at co'y lines State road shall be altered at a county line, or elsewhere, unless a majority of the viewers appointed, agree on such change or location. All roads shall be surveyed, and a plat with the courses and distances reported and recorded, and the county commissioners' courts are empowered to es- tablish the main leading roads four rods wide.
Sec. 4. In all cases where objecticn shall be made, and a
Remonstran- remonstrance presented to an alteration, or location of a road,
ces the court shall consider the same, and act according to their
best judgment for the public good: no power or authority is
hereby granted to change or interfere with the great W'es-
Exception tern mail rout, or the Darwin and Charleston turnpike.
Approved, Feb. 1, 1840.
In force -^^ ACT to Tacatc a State road in Pike countj, and for other purposes.
Feb. 1, 1840.
Sec 1. Be it enacled by the people of the Slate of Illinois, represented in the General Assembly, That the road located by the provisions of the fiftieth section of "An [actj to locate and establish and alter, change, and re-locate state roads," ap-
Road annul'd P^'^ved March 2, 1839, be and the same is hereby disconti- nued and annulled.
Sec 2. That upon the acceptance and adoption of the act entitled "An act to establish insurance offices in Morgan, Pike and Scott counties," passed during the present session of the General Assembly, by the corporations or either of
Privileges of them named in said act, it shall be lawful for the president
company and directors of either of said corporations to adopt as part of the charter, any one or more secf.o :s of the act incorpo-
LAWS OF ILLINOIS. 53
rating the other company; so that each company shall have all the rights, privileges, powers and immunities granted to, or conferred upon either: Provided, That the capital stock pi-oviso, shall not be increased beyond the amount now provided for by law: And provided further, That the place of doing busi- Funber pro- ness shall not be changed, the directors of said companv ^^^^' respectively, are authorized to fix the time of the annual meet- ings and elections; but in case of failure to make an election at any time provided for, said corporations shall not thereby be dissolved, but the directors last elected shall continue in of- fice until successors are elected, and enter upon their duties; and each of said corporations shall continue to exist, and ex- ercise, have, and enjoy, all the rights and privileges conferred upon and granted to them by the above recited act, during the period limited in the original acts of incorporations. Approved, February 1, 1^40.
AN ACT to incorporate the Hamilton Primary School. In force,
Feb. 1, 1840.
Whereas, Silas Hamilton did, by his will and bequest, bearing Preamble date the 20th day of October, 1831, give and bequeath four thousand dollars in the words following, viz: Believing in the very great importance of primary schools, and de- siring that my friends and relations in this neighborhood should receive the benefit of them, I give and bequeath four thousand dollars for the establishment of a primary school, viz: Two thousand dollars to be appropriated to Part of will the erection of a building suitable for a school, and for a place of public worship, and two thrsusaiid dollars to consti- tute a fund for the support of a teacher; said house is to be located not exceeding one mile south of this, my resi- dence, nor one mile west, nor one mile nor one half mile north, nor one Iburth mile east of it, but at or near the point called the four corners, and I desire my executors to oversee the erection of said building.
And whereas the executor of said Hamilton has procured a Preamble lot of land at the place called the four corners, mentioned in said will, it being in the centre of section number four- teen in township number seven, north of range number twelve west, in the county of Jersey, and have erected a stone building thereon for the use and purpose mentioned in said will, and for the purpose of enabling the neighbor- hood aforesaid to use and forever enjoy the benefits of the said bequest — Therefore,
Sec. L Be it enacted by the people of the State of Illinois, represented in the General Assembit/, That J. M. Hurd, Tarlton god^ politic F. Brock, Henry Noble, James C. Perry, and George D. andcorporate Sidway, and their successors, be, and they are hereby created
54 LAWS OF ILLINOIS.
a body politic and corporate, by the name and style of the Name ;ind "Hamilton Primary School," and by that name to have per- ^'•^ °' petual succession, with power to sue and be sued, plead and
be impleaded, to acquire, hold, and convey property, real, personal, and mixed, together with all donations and bequests made by KSilas Hamilton for school purposes, to have and use Powers. a common seal, lo alter the same at pleasure, to make and
alter from time to time, such by-laws as they may deem ne- cessary for the government of said school, its officer^ and ser- vants: Provided^ such by-laws be not inconsistent with the constitution and laws of the United States and of this State. Sec 2. The said primary school, incorporated by this act, Location of shall remain located in Jersey county, where it now is; the school. powers and privileges hereby conferred shall be exercised and
employed for the sole purpose of establishing a primary GiftsiSo grants school and promoting the cause of education. And all gifts and donations which may have been, or that may hereafter be made for the purposes of education or establishing a semi- nary of learning, shall be received and held by the said Hamilton primary school, for the purpose of establishing a seminary of learning, and the proceeds thereof shall be ap- propriated in such a manner as shall best promote the objects of the donor, and advance the prosperity of said school. That all donations that have or may be given for a particular purpose, expressed in this grant, and accepted by said school, shall be applied in conformity with the design of the donors; and if it is not inconsistent with the objects of any such do- nation, shall be loaned out by the trustees of said school, at such rate of interest as is now allowed to be taken by indi- viduals; and the trustees of said school are hereby authorized to obtain and receive from the executors or executor of the said Silas Hamilton, or their legal representatives, all notes, bonds, mortgages, and other securities by them taken as se- curity for the said donations; and the said trustees shall have full power and authority to collect the same, with the inter- est due thereon, in the same way the executors might or could have done.
Sec 3. The officers of said school shall be governed by five trustees; and the persons named in the first section of this act shall be the first trustees, and continue in office until Election the first Monday in June next, and until their successors are
elected and qualifiod. And on the first Monday of June next there shall be elected five trustees, who shall hold their office until succeeded, as hereinafter directed, at the first regular meeting of the trustees elected in pursuance of this act, or Trustees divi- as soon thereafter as practicable. The trustees shall divide dad into five themselves into five classes, and prepare five tickets, and cast Fim^class lots? and the trustee drawing the first class, shall hold his of- fice for the term of five years, and until his successor is Second class elected; and the trustee drawing the second class shall hold his office for the term of four years, and until his successor i^
LAWS OF ILLINOIS. 55
elected; and the trustee drawing the third class shall hold his Third office for the term of three years,, and until his successor is elected; and the trustee drawing the fourth class shall hold Fourth his office for the term of two years, and until his successor is elected; and the trustee drawing the fifth class shall hold his Fifth office for the term of one year, and until his successor is elected; so that on the first Monday in June thereafter, in each and every year, there shall be elected one trustee, who shall hold his office for the term of five years, and until his successor is elected and qualified. The trustees shall elect one of their own number President, and shall be judges of the President qualifications of its members.
Sec. 4. That at any election held for the election of trus- tees, all persons residing within four miles square to be laid off north and south, and east and west, calling the school- house aforesaid the centre of said four miles square, and who are qualified to vote for members of the General Assembly, shall be entitled to vote for trustees; and a majority of trus- tees shall form a quorum for the transaction of business; and Quorum, any three of them may act as judges and clerks of the elec- tion of trustees, and may make such regulations in regard to conducting the election of trustees, as they may see proper from time to time.
Sec 5. The trustees of said incorporation shall have au- thority from time to time to prescribe and regulate the studies Studies to be to be pursued in said school, to fix the rates of tuition, andP"^'^"^^^ any other academical expenses, to appoint instructors and such other officers and agents as may be necessary in manag- ing the affairs of said school, to define their duties, to fix their compensation, and to displace and remove them at Officers may pleasure, to erect any necessary buildings, to purchase books, b<^ ''^"'"^^d apparatus, and other suitable means of instruction, and gen- erally to do such acts, from time to time, as they may deem necessary to promote the objects of this act.
Sec. 6. It shall be the duty of said trustees to appoint a treasurer who shall also act as clerk of said incorporation, and require the treasurer to give bond, with good and sufficient Treasurer to security, in such penal sum as they may deem proper, condi- ^^^^ '^0°'^ tioned that he shall faithfully perform the duties of his office, and comply with such duties as the by-laws of said corpora- tion shall require of him, from time to time.
Sec. 7. The said school shall be open to all classes of School opea people and denominations of christians, and the profession of '° ^^^^^^^^^^ any particular religious faith shall not be necessary of those who become students. All persons, however, may be sus- pended or expelled from said school by the trustees thereof, whose habits are idle or vicious.
Sec. 8. The real estate owned by said corporation, at any Real estate one time, shall not exceed three hundred acres, nor shall this ^^'^^"■ act be so construed so as to prevent said school from receiv- ing its just proportion from the township and State fund, as
56 LAWS OF JLLINOiS.
other schools do: and said trustees shall perform the same duties in regard to said school, for the purpose of obtaining their proportion of said school fund, as is or may be requir- ed of trustees of schools in other townships.
Sec. 9. Three trustees of said school shall have full pow- „ ,. er and authority to call on the executors, or executor of said
HamiltoTi bilas Hamilton, or their legal representatives, ior a settlement of their acts in regard to said donation, and it shall be the duty of the trustees of said school to see that the donation of the said Silas Hamilton is faithfully applied to the objects of the donor.
Sec. 10. This act shall take eflfect from and after its pas- sage, any law to the contrary notwithstanding.
Approved, February 1, 1S40.
In force, AN ACT to authorize Sherland Rose and Andrew C . Swan to build a toll Feb. 1 lb40. bridge across Fever river, at Galena, in the county of Jo Daviess.
Sec. 1. Beit enacted by the People a f the State of Illinois, Fersons au- represented in the Genei'al Assembly^ That Sherland Rose and thorized to Andrew C. Swan, and their associates, and successors, are build toll hereby authorized to build a loll bridge across Fever river, at " ^^ such point as they mny determine, not exceeding in distance
three hundred and fifty rods from the ferry now kept for Proviso crossing said river at Galena: Provided, Tlsat the erection of
said bridge shall not conllict with any rights heretofore grant- ed to any person or persons: And provided fiai her, Tlvdt the said bridge shall be so constructed as not to obstruct the navigation of said river.
Sec. 2. Said Rosa and Swan, and their associates, or suc- Commence- cessors, shall commence the erection of said bridge, within ment & com-j^yo years from the passage of this act, and complete the same
pletiou of •,,-,, K & 1
brido-e witiiiu three years.
Sec. 3. When the said bridge shall be completed, the pro- prietors thereof shall have the right to erect thereon the
Toll gates usual gates or barriers, and demand and receive from all per- sons crossing the same the following rates of toll, viz: For
Rates of toll ^'^^ith footman 6^ cent?; for a man and horse 122- cents; for each wagon or other vehicle drawn by two horses, or one yoke of oxen 37i cents; for each additional pair of horses, or yoke of oxen 25 cents; for each vehicle drawn by one horse Ibi]. cents; for each loose or lead horse, mule, ass, or Jennie, 6q:ccnts for each; for each head of cattle 2 cents; for each head of hogs, goats or sheep 1 cent.
Sec. 4. The said Rose and Su'an, their associates, and assigns, are hereby authorized to purchase and hold sucli real
Maj hold real estate not exceeding fifty acres, as may be necessary for the
estate objects herein contemplated, and they shall have power to
LAWS OF ILLINOIS. 57
employ such clerks, toll gatherers and helps, as they may Officers deem necessary, and require, and take bonds for the faithful performance of the duties assigned them.
Sec. 5. The proprietors of said bridge shall at all times af- ter the same is erected, afford a safe and speedy passage to Duties all persons and their property, on payment of, or tender of the tolls, as herein provided; and if the said bridge at any one time be out of repair, for ten days together, the proprie- tors shall forfeit and pay a fine of ten dollars, and a like sum Forfeitures for every five days thereafter, that the said bridge shall re- main out of repair, to be recovered by action of debt, before any justice of the peace, of Jo Daviess countj , one half to be paid to the person suing for the same, and the other half to be paid into the county treasury: Provided, that if reasonable Proviso, exertions are made to repair the same, no liability shall be incurred by reason of said bridge being out of repair.
Sec. 6. The couhty commissioners' court of Jo Daviess county may, at any time after the expiration of three years, from the completion of said bridge, purchase the same by County court paying the original cost thereof, and ten per cent, thereon; ">^|P'^'"^h''^^^ and to enabls the county commissioners' court to ascertain " ^^ the cost of said bridge,itishereby made the duty of the said pro- Cost of bridge prietors to keep an accurate account of the cost of con- structing said bridge, and make affidavit thereto, and file the same with the clerk of the county commissioners' court.
Sec. 7. This act to be and remain in force for and during the term of twenty years from and after its passage, and be Term of act subject to bo taxed by the county commissioners' court, as in Bridge may other cases of toll bridges and ferries, as now is or hereafter ^^ va.y.Qd. may be provided by law.
Approved, February 1, 1840,
AN ACT to incorporate the Kaskaskia Beet Sugar Manufacturing Com- i^ force pany and Randolph Silk Manufacturing Company. Yah. 1 1840
Sec L Be it enacted by the people of the State of Illinois, represented in the General Assembly, That John D. Owings, David Hailman, James M. Wheeler, S. H. Gander, Miles A. Body corpo- Gilbert and William Brewster, and their associates, successors '"^^^ and assigns, be, and they are hereby declared to be a body corporate and politic for the term of twenty years, from and- after the passage of this act, by the name and style of the ^'Kaskaskia Beet Sugar Manufacturing Company," and by that Name and' name and title shall be capable of suing and being sued, of style pleading and being impleaded, of contracting and being con- tracted with, of defending and being defended in all courts and Powers places wdiatsoever, and may have and use a common 5-eal, the same to alter and renew at pleasure.
58 LAWS OF ILLINOIS.
Sec. 2, The capital stock of said company sliall be one hun- Capital stock dred thousand dollars, with the power of increasing the same from time to time, as a majority of the stockholders may deem proper, to any amount, not exceeding in the whole the |suni of three hundred thousand dollars, divided into shares of twen- ty dollars e.ich, and each share shall be entitled to one vote.
Sec. 3. The said company shall have power to enter into and carry on the cultivation of beet and other saccharine vege- tables, and manufacture sugar therefrom, and export their pro- ducts and manufactures to erect mills, works, machinery, and such other buildings as may be necessary for the manufacture of sugar; to purchase, hold and convey any property, real, per- sonal, or mixed, in the county of Randolph, which may be ne- cessary to enable the said company, properly to carry out the FroTJso expressed objects for which they were incorporated: Provid-
ed, That the quantity of real estate to be held by said com- pany shall not exceed six hundred and forty acres.
Sec 4. The business and affairs of said company or the Management corporation hereby created, shall be managed and governed by of company not less than three, nor more than five directors, as the itock- holders, at their annual meetings, shall from time to time de- Directors to clare. One of the directors shall be elected president of the be chosen board, who shall also be elected president of the company.
Sec. 5. The president and directors of said company or a Treasurer majority of them, may elect a treasurer, secretary and such other officers as they may deem necessary to carry into effect, the objects and intent of this act; may make, execute and adopt such by-laws, rules, regulations and ordinances as Proviso. they may think proper: Provided, said by-laws are not incon- sistent with the lav/s of this State or of the United States. Stock deem'd Sec. 6. The shares in said company shall be deemed per- personal sonal property, and shall be transferrable in such manner as shall be prescribed by the by-laws of said company; any two of the individuals named in the first section of this act, are hereby authorized to open books for the subscription Subscription of said stock in the town of Kaskaskia at such place as may 10 stock |jg appointed, by giving not less than five days notice of the time and place of such meeting in some newspaper in the coun- ty of Randolph, or by said notice being stuck up on the court house door of said county.
Sec. 7. This act shall be deemed a public act in all courts and places whatsoever, and shall be in force from and after its passage. Randolph silk Sec 8. That Miles A. Gilbert, James M. Wheeler, John company jy Owings, William Brewster, and such otlier persons as shall become stockholders pursuant to this section, shall be and they are hereby declared to be z. body corporate and politic, by the name and style of the "Randolph Silk Manufacturing Com- pany," and by that name, they and their successors shall have succession for the term of twenty years, with the power to Powers. sue and be sued, plead and be impleaded, defend :;:. 1 be de-
LAWS OF ILLINOIS. • 59
fended, in all courts and places whatsoever; to make, have and use a common seal, the same to alter and renew at pleasure, to contract and be contracted with in all matters and things re- lating to their corporate powers or duties as fully and effectu- ally as a natural person: to purchase, hold and convey real estate, personal or mixed, to cultivate the different varie- ties of the mulberry, to manufacture silk therefrom; also, to manufacture all kinds of cloths, whether made of silk, flax, or wool, and to export the same; to erect cocoonries, machinery, mills, and such other buildings as may be necessary to carry into effect the objects and meaning of this act.
Sec. 9. This company or corporation shall have the Svume amount of capital, perform all the duties, and be governed by Capital Btock all the restrictions and limitations contained in the second, third, fourth, fifth, sixth and seventh sections of this act, so far as they can be made applicable to the "Randolph Silk Manu- ^^''^jj^^j^J^''^''® facturing Company," The corporate existence of the said^^^^^^ "Randolph Silk Manufacturing Company" shall cease at the expiration o( twenty years from the passage of this act.
Approved, February 1, 1840.
AN ACT to relocate part of a State road therein named. In force.
Feb. 1 . 1840.
Sec. 1. Be it enacted by the people of the State of Illinois^ represented in the General Assembly, That Hugh Ferguson, George A. Charles, and John Coleman, be, and they are hereby appointed commissioners to review, mark, and re- Commission- locate that part of the State road leading from Knoxville in^''^^^ ^^^o^^'^ Knox county, via Charleston, to Peoria, in Peoria coun- ty, commencing at the east end of Main street, in the town of Knoxville, running thence due east to the township line between ranges two and three, east, thence north on said Route line to the centre of section thirty, in township eleven, north of range three east, and from thence due east till it shall in- tersect the original survey of said road.
Sec. 2. Said commissioners shall meet in Knoxville, on Tjme & place or before the first day of June next, or within six months of meeting thereafter, and after being duly sworn before some justice of the peace, impartialiy to view and relocate the same, shall, within fifteen days after the relocation of said road, cause a true survey and map of the same to be lodged with the clerk Survey <S:map of the county commissioners' court of Knox county; said °f ^'o^fl road, when relocated, shall be deemed a public high-way, and opened and kept in repair as other State roads are.
Sec. 3. The county commissioners' court shall allow the said commissioners a reasonable compensation for their ser- Compensat'a vices.
Approved, February 1, 1840.
60 LAWS OF ILLINOIS.
In force, AN ACT to legalize the acts of certain ofBcers of Henry county, and for Feb 1, 1840, otlier purposes.
Preamble Whereas it appears by a memoriai of the county commission- ers' court ot Henry county, that during the month of May, 1839, the public buildings erected at the town of Richmond, the county seat of said county, were entirely destroyed by fire, and there is now only a temporary building, entirely insufficient for the accommodation of the circuit and county commissioners' courts: And whereas, a convention of the citizens of said county was held at Genesco, in said county, on the ninth day of July, 1839, it was voted, that it is cxpe- J dientto have the county seat removed from its present lo- | cation, and also that the county commissioners' be author- ized to remove their place of holding courts, to some place within the county, where they could be comfortably ac- commodated, until suitable buildings could be erected at the county seat: Mnd xohereas, according to the expressed wish of the people of the county, and for the reasons fore- going, the county commissioners' courts have, since the last mentioned pedod, been held at the village of Geneseo, the nearest settlement to the county seat — Therefore,
Sec. 1, Be it enacted by the People of the State of Illinois, Ada o( coun- represented in the General Assembly, That the official acts of
ty commis- the countv commissioners' court of Henry county be and the sionsrs iC*cii" *^ j ^
ized^ ° same are hereby legalized, and shall, to all intents and pur- poses, be considered as valid as if transacted at the county seat of said county.
Sec. 2. The county commissioners' court, and likewise the circuit court of said county, are authorized and required to hold their respective terms of courts at the said village of Courts to be Geneseo, until suitable buildings for the transaction of busi- helii atGene-jiess shall be erected at the county seat now established, or hereafter to be established, by law, in said county; and all their official acts and business transacted at the said village of Geneseo, shall be as valid as if transacted at Richmond, ihe present county seat of said county.
Sec. 3. All the official acts of the public officers of said All acts of CO. county, which by law were required to be transacted at the officers legal- county seat thereof, and which have been transacted at Ihe said village of Geneseo, or at any other place in said county, which have been transacted according to law, excepting that they have not been transacted at the place required by law, are hereby rendered equally as valid as if transacted at the county seat of said county. The several public officers of' said county arc hereby authorized and permitted to reside at their respective places of residence, for the term of one year from the first day of January, 1840, and until suitable buil- dings for the transaction of the official business shall be pro- vided at the county seat now established or hereafter to be established by law, in said county.
LAWS OF ILLINOIS. 61
Sec. 4. That Alexander Turnbull, of Warren countj,MiIsey [Miles] W. Conway, of Rock Island county, and Harmon Brown of Knox County, be, and they are hereby appointed comniission- commissioners to re-locate and re-establish the seal of justice crs to relocate of Henry county, and give it a name; said commissioners, '^°""'y sf'^'^ or a majority of them, shall meet at the townof Geneseo,in said Time & place county; who after being first duly sworn before some justice of °* "meeting the peace of said county, faithiully to locate the seat of jus- tice thereof, without partiality, favor, or affection, taking into consideration the present, and prospect of future population, shall proceed accordingly to fix upon a place for the perma- nent seat of justice of said county.
Sec. 5. When said commissioners, or a majority of them, shall have agreed upon a place for the scat aforesaid, thev shall make a report in writing, under their hands and seals, ^ep. in writ'g describing the quarter, or fractional quarter section, town- count ™com'rt ship, and range, upon which they have located the same, to- court gether with the name they may have given it, to the county commissioners' court of said county ot Henry ,who shall at the next term of said court thereafter, cause the said report to be entered on the records of said court; and the place so select- ed by said commissioners, or a mvijority of them, shall re- main the permanent seat of justice of Henry county, and shall be known and called by such name as may be given to it by said commissioners.
Sec. 6. The county commissioners' court of said county
shall allow said commissioners such reasonable compensation Compensat'n
per day for their services as they may deem iust, out of the °^ pom'rs lo- ^ •' ^ r • 1 J ' J ^ catinE;co.seat
county treasury o( said county.
Sec. 7. Should said commisioncrs locate said seat of jus- tice on land belonging to an individual or individuals, they sh^Jl ask and obtain a donation of any number of acres not Donations for less than forty, and also select and describe said donation in county seat their repor,t with reasonable certainty, by metes and bounds: Provided, That should the proprietor or proprietors neglect Proviso or refuse to make the donation herein provided for, the said commissioners shall then be required to locate said seat of justice on the nearest eligible situation on public land; and it shall be the duty of said commissioners, previous to locating said seat of justice on the land belonging to any individual Land to be or individuals, to take a deed in fee simple to said county of ^'^^'^,^^^ J° ^°- Henry, for such land as may be donated as aforesaid: ^iwc^ simple provided further, That if the said commissioners shall locate said Further pro- seat of justice on the public land, the county commissioners' viso court shall be, and they are hereby authorized and required to purchase any quantity of land not exceeding one hundred and sixty acres including said town site, in the name and for the use of said county of Henry; which land, or such part thereof as the county commissioners' court may order and direct, shall be laid off into town lots, in such manner, and sold for the use and benefit of said county, at such time
62 LAWS OF ILLINOIS.
and place as the county commissioners' court thereof may or- Proviso. tier and direct: Provided^ hoivever, That so much of the pro-
ceeds of the sale of said lots as may be required to erect pub- lic buildings for the use of said county, shall be applied exclu- Fuvther pro- sivcly for that purpose: Provided, further, That nothing in visu. this act sha'l be so construed as to authorize the commission-
ers appointed under this act to locate the county seat of said county of Henry, on the lands of any individual or indi- viduals, unless it be ascertained first, by said commissioners, that no suitable location can be made on public land.
8ec. 8. That if the commissioners appointed under this
act shall deem it to the interest of said county to locate the
scat of justice of said county, within the limits of any town
County seat plat owned by any individual or individuals, they shall be au-
may be locat- thorized to receive donations of lots in such town, or other
^J^°" '°^^" real estate donated : Provided, That the value of such town lots
or other real estate donated, according to the provisions of
the foregoing section, shall not be of less value than two
thousand dollars.
Sec 9. The commissioners appointed under this act shall ,-p. meet at the place designated in the fourth section of this act,
inissioners on the first day of June next, or vi^ithin six months thereafter, meeting and proceed to the discharge of their duties.
Approved, February 1, 1840.
In force ^"^ ACT to locate the county seat of Stark, and to extend the limits of
Feb. 1, 1840.
said county.
Sec. I. Be it enacted by the people of the St'de of Illinois,
represented in the Genei-al Assembly, That Cyrus Walker, of
McDonough county, D. G. Salsbury of Bureau county, and
William Fenn. of Marshall county, are hereby appointed
Com'rs to lo- commissioners to locate the seat of justice in and for the
cate CO. seat county of Stark. Said commissioners, or a majority of them,
of Stark gj-^^j] [y,eet at the house of Wm. H. Henderson, in said county,
Time & place ^^ ^\^^ ^^.gj. jyjondav in April next, or as soon thereafter as
of meeting • / * j n u • j i u
may be convenient. And alter being duly sworn by some
justice of the peace of said county, faithfully to perform the duties required cf them by this act, shall proceed to locate the county seat of said county, having due regard to the pre- sent and future population of said county, the eligibility of the site, and the general good of the whole people of said county, as near the geographical centre of said county as may be agreeable to the provisions of this act.
Sec. 2. Said commissioners shall, by donation or pur- chase, procure a clear and indefeasible title, vyith general rp. , . , warranty deed, to at least forty acres of land, upon which the public buildings shall be erected, and said county seat lo-
LAWS OF ILLINOIS. , 63
cated. Said deed shall be made to and in the name of die county commissioners of Stark county, and their successors in office, for the use and benefit of said county of Stark.]
Sec. 3. It shall be the duty of the county commissioners aforesaid, immediately after said county seat shall be located, to cause to be surveyed into lots, upon such plan as may be agreed on by them, the lands upon which the location has J^id'^off^^^^ been made; to proceed to advertise and sell the same, at such lots and slu time and on such terms as they may deem most advisable for the good of the county; and the proceeds of said sale, or so much thereof as may jbe sufficient, shall be faithfully applied to the erection of a court-house and jail for said county of Public build- Stark. ings
Sec. 4. The county commissioners' court of the county of Stark shall appropriate, out of the county treasury, the sum of three dollars per day to each of the commissioners for thepay of corn- number of days they may be employed in locating the coun-missioners ty seat and travelling to and from the county aforesaid.
Sec. 5. That all that part of Henry county vs'ithin the p^^^t of Hen following boundary, shall be attached to and form a part ofry attached to the county of Stark, to wit: Beginning at the South east cor- ^.^fi^k, condi- ner of the corner of Henry, running north with the line di-^^°"^"^ viding ranges five and six,* to the northeast corner of section twenty-four, in township fifteen north, of range five cast, of the fourth principal meridian, thence west with^the sectional lines to the northwest corner of section twenty-two, in range four, east; thence along the section twenty-two in range four east, thence south along the sectional line, dividing town- ships thirteen and fourteen north, thence east with said line to the beginning, it being nine miles square, out of the south east corner of said county: Provided, That an election shall p • be held in said county of Henry, at the usual places of hoi- '''''^°' ding elections, on the first Monday of March next, to vote for-pi^g of elec or agamst a division of said county; and if it shall appear that tion for divi- a majority of the legal voters of said county of Henry, are in^io'^ favor of the territory above described, being attached to, and hereafter forming a part of, the county of Stark, it shall be considered a part of said county of Stark; but if a majority of the legal voters of said county of Henry are opposed to the division of said county, then the territory described in the foregoing part of this section shall remain and conti- nue a part of Henry county. The election shall be conduct- ed, notice given, and returns made, in the same manner as now required by law for all special or general elections.
And it is further provided, That should the vote of Henry p • county be against attaching the nine miles square to the '°'"''' county of Stark, then the county seat of Stark shall not be ^''^''^
coun-
located, and this act shall be considered void and of no efTert *^ ^^^' ^^""^^ Approved, February I, 1840. ''''' ^' '""^'^'^
64 . LAWS OF ILLINOIS.
In force. AN ACT to establish a State road from Petcrsburgh in Menard county, to Feb. 1, 1840. Waverlyin Morgan county.
Sec. I. Be it enacted by the jKople of the State of Illinois,
representedin the General Assembly, That John B. Broadwcll,
Franklin Minor and Achilles Morris, be, and they are here-
('.,:iris to lo-by appointed Commissioners, to view, make and locate a
c.oroad Stale road from Petersburgh, in Menard county by way of
.• ., «f John B. Broad well, Berlin, New Berlin, and the rail road de- jjocation ol ' ' . ^^,r
road pot m feangamon county, to Waverly, m Morgan county.
Sec. 2. That said Commissioners or a majority of them , ^ shall meet at Petersburgh on the first Monday of March next, of mtciins; "^ OF any time within sixty days thereafter, and after being duly sworn, shall proceed to locate said road, avoiding as much as possible allinjuvy to private property. Separate re- Sec. 3. That said Commissioners shall make out a separate ]' 'i'"^ report of so much of the location of said road as lies in each
of said counties, and file the same with the Clerk of the coun- ty Commissioners' Court of the proper county.
Sec. 4. That said Commissioners shall have such compen- sation out of the Treasuries of said counties as shall be just Tayof com'rsand reasonable, each county to pay in proportion to the dis- tance the road may run in said county.
Sec. 5. That John L. Ewing, of Schuyler county, is here- by appointed in lieu of Edward Doyle, one of the Commis- Com'rs to lo- sioncvs, for the purposes mentioned in an act entitled "An act cate road in to locate a State road from Mount Sterling in Brown county Tiy er co ^^ Mount Carmel in McDonough county;" approved February 2-2, 1839. Time extend- Sec. 6. The time mentioned in the second section of said <-''l act for the Commissioners to meet and perlbrm the duties re-
quired of them in said act shall be extended to one year, from and after the passage of this act. Approved, February I, 1840.
In force ^'^ ACT to amend "An act concerning Justices of the Peace and Couata- Feb. 1, 1840. '^'es," approved February 3, 18.-27.
Sec. L Be it enacted by the people of the State of Illinois, represented in the General Assembly, That so much of the Sec. 28 of act twenty-eighth section of an act, entitled "An act concerning rej)enled Justices of the Peace and Constables," approved February 3, 1827, as requires Clerks of the Circuit Courts to affix a certifi- cate of magistry to an execution issued to another (tounty is hereby repealed; and hereafter such certificate shall be affixed by Clerks of the County Commissioners' Courts, respectively. Approved, February 1, 1840.
LAWS OF ILLINOIS. ^ 65
AN ACT to amend an act regulating the publication And distribution of In force, 29th the laws and journals of the General Asserablj'^ . Jan. 1840.
Sec. L Be it enacted by the People of the State of Illinois, Recorders & represented in the General Assembly, That recorders and school ^c'lool com- commissioners of the counties shall be entitled to one copy gmiTiedTo of the laws of this State, in all future distributions of the same, laws
Approved, January 29, 1840.
AN ACT in relation to the court house in the county of La Salle. j^ force 29th
Jan. 1840.
Sec. 1. Be it enacted hythe People of the State of Illinois, represented in the General Assembly, That the county com- Care of co. missioners of the county of La Salle, shall have the care of g^'fj^' ^^ "^j. ^'^ the court room in said county, any law to the contrary not- court room withstanding: Provided, said commissioners shall have said Proviso room kept in order for holding courts, at any time that it may be wanted for holding courts, or other public purposes.
Appkoved, January 29, 1840.
AN ACT for the benefit of Stark county. jjj {q-^qq ggth
Jan. 1840.
Sec. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the county of Stark ^'^^'^ *^°- ^°'^" is hereby entitled to the one-fourth part of the money here-of^ln°e^.°ai^°° after to be drawn by the county of Putnam, from the Internal Improvement Improvement fund; the other three-fourths to be adjusted be-|"°"'^y drawn tween the county commissioners' courts of the counties of p^yn" "^"^ Putnam and Stark, according to an arrangement entered into by said courts: Provided, said money shall be applied to the Proviso purposes for which it was originally appropriated.
Approved, January 29, 1840.
AN ACT to change the name of the town of "•Victoria" in the county of in force
White, to that of Philipstown. Jan. 29, 1840.
Sec. 1. Be it enacted by the People of the State of Illinois-,
represented in the General Assembly, That the name of the ^^.^"^ °^°^^ j_ c ,/TT- • ,. • 1 ■-% TT^, . , r-^ /. -M^,,. changed Irom
town ot "Victoria," in the county of White and State of Illi- victoria to nois, be, and the same is hereby, changed to that of Philips- Philipstown town, and by that name it shall hereafter be known and dis- tinguished in law.
Sec. 2. This act shall, in no wise, affect the title to the real Alteration estate lying and being within the plat of said town. This act ^^f^^^ '^^' to take effect and be in force from and after its passage. real esta^te^in
Approved, January 29, 1840. 5
66 LAWS OF ILLINO.S.
In force, 29th AN ACT for the appointment of an additional notary public in the town of Jan. 1840. Grafton, in Jersey county, and Pittsfield in Pike county, and Charleston in Coles county.
Sec. 1. Be it enacted by the People of the State of Illinois^ Additional represented in the General Assembly^ That the Governor shall Notary Pub- appoint, by and with the advice and consent of the Senate, licin Grafton, one additional notary public, in the town of Grafton in the ciiaSon."'* county of Jersey, and Pittsfield in Pike county, and Charles- ton in Coles county. This act to be in force from and after its passage.
Approved, January 29, 1840.
In force, 29th ^]V ,i.CT to relocate parts of State roads in Fayette county.
Jan. 1840.
Sec. 1. Be it enacted hy the People of the State of Illinois^ represented in the General Assembly, That Dudley Mabry Comr's to re- ^nd William Paydon, of Fayette county, are appointed coin- locate road ,-(-,ij.gjoi-iei.3 to review and relocate so much of the State road, Direction of authorized by an act of the Legislature of 1838 and 1839, road leading from Joseph liuey's in Clinton county, to the North-
east corner of Fayette county, as lies betv/een the said Dud- ley Mabry's along on said road to near the hazle mound; thence, on the nearest and best ground, to the house of Isaac Work- man; and thence, on the most eligible site to intersect the aforesaid State road in the post oak plats, south of Stuart's mills, in Big Creek, in the said county of Fayette. Time and Sec. 2. That said commissioners, or either of them, shall
place of meet- ^qqi at the house of the said Dudley Mabry, whenever it shall ^°^ be most convenient for them so to do, within ninety days from
To be sworn ^'^^ passage of this act; and after being duly qualified before some person authorized to administer oaths, impartially to discharge the duties enjoined by this act, shall proceed to re- locate said road, as provided for in the first section of this act. Comrs,of ^^°- ^* "^^*^^ ^^ ^^ made the duty of the county commission-
Fayette co. to ers' court of Fayette county, to cause the reviewed and relo- keep road o- cated part of said State road to be opened and kept in repair pair^" ^^"as other State roads are required to be; and shall also allow, out of the county treasury, a reasonable compensation per Pay of comr's day to said commissioners, for the time actually spent in the
performance of the duty required by this act.
Com:'s to re- Sec. 4. That John Shirley and Andrew J. Hickerson be,
s* w'^ f °V^ ^'^^ *^^^ '^^^ hereby, appointed com.missioners to relocate that
dalia'^ ^"' part of the State road leading from Vandalia to Carlyle, as
lies between the said town of Yandalia and William Miles',
on the said Carlyle road, commencing at Vandalia; thence,
through the inlots in the south-western corner of said town,
Direction of to Jeremiah Evans' old place; and thence, to intersect the
road State road leading to Carlyle, near the said William Miles'.
LAWS OF ILLINOIS. 67
Said commissioners shall meet at the house of Aikins Evans, Ti™^ and on some day within ninety from the passage of this act, thatPjg^^" °^^^^" they may agree upon, and after being duly sworn before some person authorized to administer oaths, shall proceed to perform the duty herein required of them.
Sec. 5. The third section of this act shall, in all respects, p^^^ Qf^,^^^^^.,^ be applicable to the road authorized to be relocated in the foregoing section, as well as to the compensation of the com- missioners appointed by said section.
Approved, January 29, 1840.
AN ACT to repeal "An act incorporating the Northern division of the 1° /-'"To'. a American Bottom." Ja°- ^7, 1840.
Sec. L Be it enacted by the People of the Slate of Illinois, ^^^ repealed represented in the General Assembly, That the "Act incorpo- rating the northern division of the American Bottom," appro- ved, xMarch 2d, 1839, be, and the same is hereby, repealed.
Approved, January 27, 1810.
AN ACT in relation to Lusk creek. In force,
Jan, 29, 1840.
nav-
Sec. 1. Be it enacted by the People of the State of Illinois, ^^^^^^^^^^ represented in the General Aseembly, That Lusk Creek, in the declared county of Pope, is hereby declared a navigable stream from igable the mouth thereof up to John Ritts' mill; and all laws declar- ing said creek navigable higher up than Ritts' mill, are here-™^ ^^ by repealed.
Approved, January 29, 1840.
AN ACT to authorize Allen P. Hubbard to build a mill dam across j^^ ^^^^^
F°^ I^^^e'"- Jan. 29, 1840.
Sec. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Allen P. Hubbard Location of and his associates, heirs and assigns, be, and they are hereby mill-dam on authorized to construct and buUd a mill dam across Fox river, ^°^ "^®'* on sections twenty-seven and twenty-eight, township thirty- nine north, range eight east of the third principal meridian, in the county of Kane, to the height of six ieet above low water mark: Provided, Said grant shall not be construed so Proviso as to prevent the State from improving said Fox River at that place, by dams, locks, or any other way, at any time hereafter, for the purpose of slackwater navigation, or otherwise: Pro- vided, however, That said dam be not so constructed as to in- terrupt the free navigation of said river.
68 LAWS OF ILLINOIS.
Style & plan Sec. 2. The said dam shall be constructed with a down of dam stream slope of two feet horizontal to one foot perpendicular
rise; well and sufficiently planked over, for the purpose of al- lowing a safe passage to the descending trade of the said riv- er, and during the continuance of said dam, said slope shall be kept in good repair.
Sec. 3. This act shall take effect from and after its passage. Approved, January 29, 1840.
In force, AN ACT to extend the time for the location of State Roads.
Jan. 30, 1840.
Sec. 1. Be it enacted by the People of the State of Illinois^ Time to lo- represented in the General Assembly, That Commissioners ap- cate roads ex- pointed to locate State Roads by any law of the last session cemhel:7'th^'''°^ the Legislature of this State, and who have failed to per- 1840 ' form said duties, are hereby authorized to perform the same
at any time previous to the first Monday in December next.
Approved, January 30, 1840.
In force ^^ ACT permanently to locate the seat of justice of the county of DeKalb. Jan. 30, 1840,
Sec 1. Be it enacted by the People of the State of Illinois, . represented in the General Assembly, That on the first Monday tio™^ ° ^ ^^'^^ August next, the qualified voters of the county of De Kalb, who shall have resided within said county for thirty days next Persons qual- preceding the day of election, shall vote for or against the re- ified may vote moval of the county seat, from its present location; and if it removiTfo^fco^ ^^^^^^ appear from the returns of the said election, that a ma- seat jority of all the votes given shall be in favor of a removal of the county seat, and also, that a majority of all the votes giv- en shall be in favor of any other place within said county, then said county seat shall be removed, and the place receiving the number of votes required by this act shall be, and forever le- main, the permanent seat of justice for the said county of De Kalb.
Sec. 2. If a majority of the votes given shall be in favor of
Second elec- ^ removal of the county seat, and no other place shall receive a
tion condi- majority, then a second election shall be held on the third
tional • Monday of the said month of August, and a selection shall be
made from the two places receiving the highest number of
votes at the first election.
Sec. 3. It shall be the duty of the Clerk of the County Notice of e- Commissioners' Court, to cause notices of the elections con- cbrk°"^ ^ templated by this act, to be posted up at three of the most public places within each Precinct, at least twenty days pre- vious to the day of the first election, and ten days previous to Duty of sher-^i^g second election, and the Sheriff of the said county of De Kalb shall post up said notices.
LAWS OF ILLINOIS. 69
Sec. 4. The judges of elections within the several precincts, Du^y o^'udg- shall cause separate columns to be ruled m the respective poll books, in which to record the votes given for and against the removal of the county seat from Coltonville, also columns in which to record the votes given for each place, and the re- turns of said election shall be made, and the votes counted in the same manner that is required by the laws of this State regulating elections.
Sec. 5. Donations of land shall be received at least twenty Time when days previous to the first election provided for by this act, and J^reidveT^ any person or persons offering donations of land, shall file with the Treasurer of said county, a good and sufficient bond, with approved security, to be accepted by the said Treasurer, bind- ing the said donor or donors, to execute a deed of general ten- ure, to thesaid county of DeKalb, for any quantity of land not less than one hundred and sixty acres, and on which the pub- lic buildings shall be erected, or donate to the county of De Kaib three thousand dollars, or erect within eighteen months from and after the passage of this act, a court-house, the esti- mate value of which shall be at least three thousand dollars, and to be accepted by the County Commissioners of said county, and no place, shall be considered as eligible for the location of the county seat, unless the provisions of this sec- tion shall be fully complied with.
Sec. 6. It shall be the duty of the County Commissioners Duty of co. to cause special entries to be made of record, of the result of '^°™ ^^ the said elections, and file and preserve the poll books for in- spection; to layoff into lots, and dispose of any donation that may be received, to the best advantage for the interest of the county, also to dispose of the present county buildings and other property, should the county seat be removed ; the pro- ceeds of which shall be applied to the erection of public build- ings which shall be erected without unnecessary delay.
Sec. 7. In case the seat of justice shall be removed, all the books, papers and records, belonging, or appertaining to the Papers,books county of De Kalb, shall be removed to the place selected, as ^aib^county soon as suitable buildings can be obtained, and the Circuit Court of the said county shall be holden at such place as may be determined by the Judge presiding in the ninth Judicial Circuit, on the first day of "the term thereof; and which deter- mination or deci^on of the said Judge, shall prevent a dismis- sal or discontinuance of any suit in law, or in equity, or any other legal proceedings heretofore commenced and now pend- ing, or which may be hereafter commenced on account of process being made returnable at any other place in said coun- ty, until the county seat shall be permanently located, and public buildings erected in accordance with the provisions of this act, any law to the contrary notwithstanding.
Sec. 8. That the act entitled an act to re-locate the seat of justice of the county of DeKalb be, and the same is hereby Act repaeled repealed.
Approved, January 30, 1840,
70
LAWS OP ILLINOIS.
In force, AN ACT to legalize the assessment of the Revenue in the counties of
Jan. 30, 1810. Iroquois and Clay, for the year 1839.
Sec. L Be it enacted by the People of the State of Illinois, Assessment in represented in the General Assembly, That the assessment of ClayTor iss"") ^^^^ taxable property made in the counties of Iroquois and
legalized
Persons ag- grieved how to proceed
Proviso
Clay, for the year one thousand eight hundred and thirty-nine, is hereby legalized and made binding, as though the same had been done in strict conformity with the provisions of the "Act concerning the PubUc llevenue," approved February the twenty-sixth, one thousand eight hundred and thirty- nine.
Sec. 2. That any person feeling aggrieved by the valuation of taxable property in the counties aforesaid, shall be entitled to the provisions of the twelfth section of the "Act concern- ing the Public Revenue:" Provided, Application be made to the County Commissioners' Courts at their March term of said Courts, in the year one thousand eight hundred and forty, for such purposes.
Sec. 3. This act to be in force from its passage.
Approved, January 30, 1840.
In force, .Ian. 30, 1840.
Body politic and corporate
Name and style
Powers
Annual elec- tion for trus- tees
Term of office Notice of elections
QualiQca- f.ions of trus- tees
AN ACT to incorporate the town of Carmi.
Sec. 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 Carmi in White county, are hereby made a body corporate and politic, in law and in fact, by the name and style of the "President and Board of Trustees of the town of Carmi," and by that name shall have perpetual succession, and a common seal, which they may alter at plea- sure, and in whom the government of the corporation shall be vested, and by v/hom its affairs shall be managed.
Sec. 2. The boundary of the said corporation shall include all that country contained within the limits of the plat of the town of Carmi, as of record in the recorder's office of the county of White.
Sec. 3. That there shall, on the first Monday of May next, be elected seven trustees, and on every first Monday of May thereafter, who shall hold their offices for one year, and until their successors are duly elected and qualified; and public no- tice of the time and place of holding said election, shall be given by the president and trustees, by an advertisement pub- lished in a newspaper in said town, or posting it up in at least four of the most public places in said town. No person shall be a trustee of said town, who has not arrived at the age of; twenty-one years, who has not resided in said town six months next preceding his election, and who is not, at the time thereof, a bona fide freeholder, and moreover, who has not paid a cor-
LAWS OF ILLINOIS. 71
poration tax; and all free white male inhabitants, over twenty- I^J^^^^f;^^. one years of age, who have resided in said town three months gj.g next preceding an election, shall be entitled to vote for trus- tees. And the said trustees shall, at their first meeting, pro- Election of ceed to elect one of their body president, and shall have power prf^sidcnt to fill all vacancies in said board which may be occasioned ^^'"''^^^^^ by death, resignation, removal, or six months' absence from the '°'*^ town; and to appoint a clerk and assessor, a treasurer, a street oa^er ^officers inspector, and a town constable, to give bond and security in such amount as the trustees may require. And the said town Duty of con- constable shall take an oath, or aflirm before some justice of stable the peace, that he will faithfully discharge the duties of said office; and it shall be his duty to collect all fines, and to serve all processes at the suit of the corporation, and to do such other matters and things pertaining to the office, as may be required of him by the ordinances and by-laws of said corpo- ration. .
Sec. 4. The said corporation is hereby made capable, m f^^yj'''^'^ law, to take and hold to themselves and their successors, any lands, tenements, hereditaments, and the rents, issues and pro- fits thereof, which may be necessary for the erection of any market house, or other public buildings, to promote the inter- ^^^^^^ ^^.|^_ est and public good of the citizens of said town, and the same .^^^^ to sell, grant and dispose of, if necessary. They shall also have power to re2;ulate, to grade, pave and improve the streets, improvement lanes and alteys, within the limits of said town and corpora- of streets tion; and to extend, open and widen the same, making the ^.^^ ^^^^^^ persons injured thereby, adequate compensation ; to ascertain j-g^ to per- which, the board shall cause to be summoned six good and sons injured lawful men, freeholders and inhabitants of said town, not direct- ly interested, who (being first duly sv/orn for that purpose,) shall enquire into and take into consideration as well the benefits as the injury which may accrue, and estimate and assess the damages which would be sustained by reason of the opening, extending, widening, of any street, avenue, lane or alley; and shall moreover estimate the amount which other persons will be benefitted thereby; and shall contribute towards Persons bene- compensating the person injured; all of which shall be return- f"ggg3^°p„f''^ ed to the board of trustees, under their hands and seals; and the persons who shall be benefitted, and so assessed, shall^ pay the same in such manner as shall be provided, and the residue, if any, shall be paid out of the town treasury. And they shall sue and be sued, plead and be impleaded, answer and be answered, in any court whatever.
Sec. 5. The trustees aforesaid, and their successors, or a majority of them, shall have full power and authority to ordain and establish such rules and regulations for their government Rules and by- and direction, and for the transaction of the business and con- ^^'" cerns of the corporation, as they may deem expedient; and to ordain and establish, and put into execution such by-laws, ordinances and regulations, as shall seem necessary for the
72 LAWS OF ILLINOIS.
Farther pow- government of said corporation, and for the management, ^^^ control, disposition and application of its corporate property,
and generally to do and execute all and singular such acts, matters and things, which to them may seem necessary to do, and not contrary to the laws and constitution of this State. Sec. 6. The said trustees shall have power to levy and col- ^^ lect a tax not exceeding one half of one per cent, on all lots
and improvements, and personal property lying and being with- To license "^ ^'^*^ incorporated limits of said town, according to valuation; shows &.C. to tax public shows and houses of public entertainment, tav- erns, stores and groceries, for the purpose of making and im- proving the streets and keeping them in repair, and for the pur- pose of erecting such buildings and other works of public utility, as the interest and convenience of the inhabitants of said town may require, and the circumstances render proper and expe- dient. And said trustees may adopt such modes and means for the assessment and collection of taxes as they may, from Sale of lots ^^'^® ^° time, fix upon and determine; and to prescribe the for taxes manner of selling property, when the tax levied upon it is Proviso not paid: Provided, No sale of any town lots or other real
estate shall be made, until public notice of the time and place shall be given by advertisement in the newspapers, or at four of the most public places in said town, at least fifteen days Further pro- previous thereto: Pi^ovided also, h\\ the provisions applicable "«'iso to such sale of the law, entitled an act concerning the pub-
lic revenue, in force February 20, 1839, shall be complied with.
Sec. 7. That the trustees of sa'd town, or a majority of Breaches of them, shall have power to preserve good order and harmony punished °^ ^"^ ^^^^ tovvn; to punish open indecency, breaches of the peace, gambling, gaming houses, horse-racing, shooting, and all dis- orderly houses, and riotous meetings; to remove obstructions in the streets and public ways, and all nuisances, for which purpose they may make such by-laws and ordinances as to them may seem expedient, and not inconsistent with any pub- Fines how ^^^ ^^'^^' *^^ *'^^s State; and impose fines for the breach thereof, recovered tvhich fines shall be recoverable before any justice of the peace residing in said town. And all suits and judicial proceedings. Suits, how under this act, shall be brought in the name and style of the brought President and Board of Trustees of the town of Carmi.
Sec 8. It shall be the duty of any justice of the peace Duties of jus- residing in said town, and he is hereby authorized and empo\v- ^c s pe cred, upon the violation of any law or ordinance of said cor-
poration, to issue his warrant, directed to the town constable, or any authorized county officer, to apprehend the offender or offenders, and bring them or him forthwith before him; and after hearing the evidence, if it shall appear that the said accused has been guilty of the violation of any such law or ordinance of the corporation, to impose such fine or imprison- Pro viso men t as shall be pointed out in such law or ordinance: Providcdy Such fine shall not exceed five dollars, and imprisonment, not
LAWS OF ILLINOIS. 73
to exceed twenty-four hours: Provided, however, That writs of Further pro.
certiorari and appeals shall be granted from judgments un-'^^®''
der this act^ as in other civil cases; and in all criminal cases, ^ jg from
the defendant shall be entitled to an appeal to the circuit court, judgment
by entering into bond or recognizance, as the case may require,
before the justice of the peace, within twenty days after the
rendition of the judgment, with such securities and in such
an amount as the justice may think right and proper; and all
fines imposed for a breach of the peace or violation of the
corporation ordinances, shall be paid into the treasury of said
corporation.
Sec. 9. That when any town lots or real estate shall be sold for taxes, by virtue of this act, the same may be redeem- ^^^ ^.^^ ed at any time within two years from the date of such sale ^f j^tg goi(j by the owner of said property, or his or her agent, executor for taxes or administrator, paying to the treasurer of said town, for the use of the purchaser of said property, the full amount of pur- chase money, with interest at the rate of twelve per cent, per annum, together with costs accruing thereon.
Sec. 10. That upon the application of the owners of two- thirds of the front lots on any street or parts of a street, it shall be lawful for the board of trustees to levy and collect a special gpgcial tax to tax on the owners of the lots on said street or parts of a street, gra<3e & pave according to their respective fronts, not to exceed one per streets cent., for the purpose of grading and paving the side walks on said street.
Sec. 1L That all ordinance of said trustees shall be fairly written out, signed by the clerk and published in a newspaper Ordinances, printed in the town, or posted up at three of the most public py^jj™^ ^ places in said town; and no ordinance shall be in force until published as aforesaid.
Sec 12. That justices of the peace and constables, who Fees of ofB- are lequired to render services under this act, shall be entitled ^^'"^ to the same fees, and collect them in the same manner as now is, or hereafter may be, provided by law.
Sec 13. That the president, or any two of the trustees. Meetings of shall liave power to call a meeting of the board, by giving board of trus« one day's notice thereof; and a majority shall constitute a " ° quorum to do business, but a minority shall have power to' adjourn from time to time, and compel the attendance of ab- sent members, and in the event that the notice of an election is not given, as required by this act, or from any other cause, that an annual election should not be holden at the proper time, it shall be lawful for the late clerk of the board, or any two qualified voters in said town, at any time thereafter, to give notice, as aforesaid, of the time and place of holding a Special eleci. special election, and the trustees elected at such special elec- ^^°"^ tion, shall have all the powers conferred by this act.
Sec 14. The qualified voters, within the corporation, shall, at the first annual election for trustees, vote for or against
tees Quorum
74 LAWS OF ILLINOIS.
This charter becoming incorporated under the provisions of this act; and to be voted jf two-thirds of all the votes given at said election is in favor
of being incorporated, then this act to be in force, otherwise Corporation to be null and void. This incorporation may, at any regular may be dis^ annual election for trustees, be dissolved by two-thirds of the solved votes given being in