In force.

Feb. 1, 1843.

Name and

AN ACT to incorporate the Peoria Water Company.

SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Charles Oakley, of Tazewell county, Augustus O. Garrett, William S. Maus, Lester O. Hurlbert, and Norman H. Purple, of Peoria county, their heirs and assigns, be and they are hereby constituted a style of incor- body politic and corporate under the name and style of "The poration Peoria Water Company," and by that name and style they and their successors shall, in law, be capable of suing and being sued, plead and being impleaded, in all places whatsoever; may have a common seal, and alter the same at pleasure, they shall be capable in law of purchasing and holding real estate, and conveying the same for the uses and purposes of the said incorporation; which real estate shall not exceed in value the sum of fifteen thousand dollars, and which shall only be for the necessary purposes of carrying on the business of the said company.

Powers

Officers

Officers for first year

Capital stock

SEC. 2. The officers of said company shall consist of a president, treasurer, and five directors, each of whom shall be stockholders in said company, and the president and treasurer shall each be one of the five directors aforesaid, who shall be annually chosen on the first day of April, of each and every year, in such manner as the stockholders may direct; and for the first year the said Charles Oakley shall be president, the said N. H. Purple secretary, and the said Augustus O. Garrett, William S. Maus, and L. O. Hurlbert, directors of said company, and a majority of said board of directors shall constitute a quorum for the transaction of business.

SEC. 3. That the capital stock of the said company shall consist of five thousand dollars, with the privilege of increasing the same to fifty thousand dollars, and the whole of said Manner of ta- stock may be taken in equal amounts, by the individuals who king stock are hereby incorporated, or at their option, they may divide the same into shares of fifty dollars each, and sell the same in such manner as they may deem most advisable for the interest of the said company, for the promotion of the objects of the said incorporation, and the purchasers of the said stock shall thereupon become stockholders of the said company, and entitled to vote in all meetings of the said stockholders, in manner proportioned to their respective interests, and agreeable to the rules and regulations of the said company.

Duty of president

Treasurer's duties

SEC. 4. The president shall prescribe at all meetings of the board or stockholders, and in case of a tie shall give a casting vote; and in his absence a president pro tem. may be elected.

SEC. 5. The treasurer shall record in a book, to be for that purpose provided, all acts and doings of the board of directors and stockholders, he shall give certificates of stock to each of the stockholders, which shall be countersigned by the president, and which shall not be transferable, except upon the books of the company; he shall take and subscribe an oath to

perform all his duties with fidelity, and shall give bond and security for the faithful performance of all the duties required by the rules, by-laws, and ordinances of the said company.

amounts at

SEC. 6. Each of the above named stockholders shall, at the Stockholders time of subscribing his share of the stock, (if all the stock is to pay certain taken by the individuals above incorporated,) pay into the time of subhands of the treasurer the sum of one hundred dollars, and the seribing residue thereof at such times and in such sums as may be needed for the prosecution and completion of the works hereinaf ter mentioned; and in case said stock shall be sold in shares of fifty dollars, then each shareholder shall pay the sum of five dollars on each and every share by him taken at the time of subscribing, and the residue thereof in such manner as herein before stated.

SEC. 7. The said company hereby incorporated shall have Company full and exclusive power and authority to erect and construct may con water works for the convenience and accommodation of the struct water works public within the incorporated limits of the town of Peoria, for and during the period of fifty years, and to conduct the same in iron, leaden, or other aqueducts, from any springs or wa. ter within two miles of the incorporated limits of said town; Compensapaying to the owner or owners of any such springs or waters tion for injury such compensation as shall be reasonable and just, and shall to private be agreed upon between said owners and said company; and pay-property ing also to the owner or owners of any lands through or across which they may conduct said water, a reasonable compensation for all damage by them sustained; and in case they cannot agree with the owners of such lands as to the amount of said damages, the same shall be determined in the manner prescribed by the laws of Illinois for securing the right of way.

thro' streets

SEC. 8. The said company shall have full and exclusive Aqueducts power and authority to conduct the said water in aqueducts may be taken as aforesaid along any of the streets, alleys, or highways of the town of Peoria, and within the incorporated limits thereof, doing as little damage as possible to streets, alleys, and highways, for the time being, and as soon as practicable, shall repair and place the same in as good condition as they were before, and shall also have the like power and authority to build and erect hydrants and reservoirs, in such manner and at such places as shall best accommodate those desirous of using said water, and with the least inconvenience to the public.

water works

SEC. 9. The said company shall also have the like power Company and authority to rent or lease the said water and the privilege may lease thereof to any and all persons whatever, upon such terms, conditions, and times as the said company and such persons can agree upon, making the same as nearly equal to all per sons as the circumstances of the case will permit, and upon such terms and conditions that the yearly profits of said company, deducting all expenses, shall in no case exceed the sum of fifty per cent. on the capital stock actually paid in

SEC. 10. The said company shall commence the construc

1

Time of com. tion of the said water works as early as the first day of August, mencing and 1843, and shall so far complete the same as to have the water completing said works ready to be delivered in the said town of Peoria by the first day of August, A. D. 1845.

Use of water

ed town of

SEC. 11. In consideration of the privileges hereby granted, to be furnish- the said company shall at all times afford to the corporation, Peoria free of or other constituted authorities of the town of Peoria, the use, charge to ex- free of charge or claim, of any or all the waters so by them tinguish fires conveyed into the town of Peoria, for the purpose of extin

By-laws

Failure to e

dissolve corporation

guishing fire or fires, which may at any time hereafter occur in said town, together with all reasonable access, by the said authorities, or by companies, or individuals acting under their orders or direction, to any or all the hydrants and reservoirs belonging to said company for the purposes aforesaid, so as not in any manner to damage or injure the works of the said corporation.

SEC. 12. The said company shall also have authority from time to time to appoint such officers not herein named, and to pass and enact such by-laws, rules, and regulations not inconsistent with the constitution and laws of the United States or of this State, as they may deem most advisable and proper for the benefit and government of the said corporation.

SEC. 13. In case it shall so happen that at any time the lect officers at officers of the said corporation, or any of them, shall not be appointed time not to elected on the day appointed for their said election, the corporation shall not for that reason be dissolved, but the said election may, on reasonable notice thereof, which shall not be less than four weeks, to be published in some newspaper printed in Peoria, at any subsequent time take place, and in the mean time those already in office shall hold their offices until their successors are duly elected and qualified.

Penalty for works

SEC. 14. If any person or persons shall at any time during injuring said the progress of the said works, or during the continuance of the charter herein granted, wilfully or maliciously injure any part or portion of the said water works, or the appurtenances thereunto belonging, he, she, or they so offending shall be deemed guilty of a misdemeanor, and shall be liable to indictment in the circuit court of Peoria county for the same, and on conviction shall be fined in any sum not exceeding one thousand dollars, imprisonment not exceeding six months in the county jail of said county, and shall moreover pay to the said company damages for all the damages they may sustain thereby.

This act

SEC. 15. This act shall take effect and be in force from and when to take after the first day of February, A.D. 1843, and shall be taken and considered a public act.

effect

Failure to pay instal

ment, effect of

SEC. 16. If any stockholder or subscriber to stock in said company shall, for the space of sixty days, neglect or refuse, after being notified for that purpose, to pay in any instalment due from him for such stock, in manner directed and required by the board of directors, the said board shall be authorised to

declare his said stock forfeited to said company, and may proceed forthwith to sell the same at public auction to the highest and best bidder for cash, the purchaser whereof shall be liable to pay the balance due upon such subscription in the same manner as the original stockholder would have been liable therefor.

individually

SEC. 17. The stockholders of this corporation shall be liable Stockholders in their private capacity for all corporate debts. APPROVED, February 20th, 1843.

liable

AN ACT to regulate weights and measures.

In force,

Mar. 4, 1843.

SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That there shall be but Standard of one standard of measure of length and surface, one of weight, weights and and one measure of capacity, throughout this State, which measures shall be in conformity with the standard of measure, length, surface, and weight established by Congress.

SEC. 2. That all commodities sold by heaped measure shall Heaped combe duly heaped up in the form of a cone, the outside of the modities measure, by which the same shall be measured to the extremity of the base of such cone, and such cone to be as high as

the articles to be measured will admit.

SEC. 3. That the measures used for measuring dry com- Not heaped modities not heaped shall be stricken with a straight stick or roller, and of the same diameter from end to end.

by this act

SEC. 4. All contracts hereafter to be executed, made with- Contracts to in this State for any work to be done, or for any thing to be be governed sold, delivered, done or agreed for by weight or measure, shall be taken and construed to be made according to the standard weight and measure thus ascertained.

SEC. 5. That the hundred weight shall consist of one hun- 100 weight dred pounds, and twenty such hundreds shall constitute a

ton.

bushel

SEC. 6. That whenever wheat, rye, Indian corn, barley, Pounds of buckwheat, or oats shall be sold by the bushel, and no special grain to the agreement as to the weight or measurement shall be made by the parties, the bushel shall consist of sixty pounds for wheat, of fifty-four pounds of rye, of fifty-two pounds of Indian corn, of forty-four pounds of barley, of forty pounds of buckwheat, and thirty-two pounds of oats.

measures to

procure stan,

SEC. 7. That the following original standards made in con- State sealer formity to the provisions of this act, to wit: a yard, a pound, of weights & a liquid gallon, and a half bushel shall be procured by the State sealer of weights and measures on or before the first day dard of September, in the year of our Lord one thousand eight hundred and forty-three, and deposited in a chest in his office which shall only be opened for the sole purpose of comparing such standards with the copies hereinafter described, unless by a joint resolution of the two Houses of the Legislature, or

Copies of standards to be furnished

to co. sealers

Device to be impressed upon stand

ards

Co. sealers to compare weights and

measures

on the call of either House for information, or by the order of the Governor for scientific purposes.

SEC. 8. That copies of the said original standards, to be made of such materials as the State sealer shall direct, shall be deposited by him in the offices of the county sealers of the respective counties of this State, at the expense of said counties, on or before the first day of March, in the year of our Lord, one thousand eight hundred and forty-four, who shall severally be responsible for the preservation of the copies respectively delivered to them.

SEC. 9. That the State sealer shall cause to be impressed on each of the copies of such original standards the letter "1," and such other additional device as he shall direct for the particular county; which device shall be recorded in the State sealer's office and a copy thereof delivered to the respective county sealers.

SEC. 10. That the several county sealers shall compare all weights and measures which shall be brought to them for that purpose with the above mentioned copies of such standwith standard ards in their possession, and when the same are found or made to conform to the legal standards, the officer comparing them shall seal and mark such weights and measures.

Duty of co. sealers

Pay of co. sealers

SEC. 11. That it shall be the duty of the county sealers of weights and measures, to compare the copies in their possession once in every ten years with those existing in the office of the State sealer, and every county sealer who neglects to have the copies in their possession compared as aforesaid shall pay into the county treasury fifty dollars for county purposes; whenever any county sealer fails for one month to pay the aforesaid penalty it shall be the duty of the county commissioners' court to commence suit there for in their own name, before any justice of the peace of the county, and when collected the same shall be paid into the county treasury for the uses aforesaid.

SEC. 12. That each county sealer shall be entitled to receive for his services at and after the following rates: for sealing and marking every beam six and a quarter cents, for sealing and marking measures of extension at the rate of six and a quarter cents per yard, not to exceed twenty-five cents for any one measure, for sealing and marking every weight two cents, for sealing and marking liquid and dry measures, : if the same be of the capacity of a gallon or more, six and a quarter cents, of less than a gallon two cents; they shall also be entitled to a reasonable compensation for making such weights and measures conform to the standard established by this act.

Penalty for using fraudu ent weights

& measures

SEC. 13. That if any person or persons shall hereafter use any weights, measures, or beams, in weighing or measuring, which shall not be conformable to the standards of this State, established by this act, whereby any purchaser of any commodity or article of trade or traffic shall be injured or de