Imagens das páginas

Jic places in said town, ten days previous to the time the same is to go into effect, or by publishing the same in some newspaper in said town, nor until the same shall have been recorded and signed by the president with the clerk's certificate attached that the same has been approved by the board and advertised; which 'record shall be evidence of the authority of said bylaws, ordinances, or precepts that they have been legally en. acted; Provided, that nothing in this act shall be so construed as to prejudice any claim or vested right granted by or accruing to any person or persons under the former act of incor. poration.

Sec. 16. This act of incorporation may be annulled or Corporation abolished by a vote of two-thirds of the legal voters of said may be distown, at any regular election for trustees, ten days public notice having been given of such intention; any law to the contrary notwithstanding; Provided, that if a dissolution shall take place, no right shall be prejudiced or claim vitiated that may accrue under the provisions of this act or that may have accrued under the former act of incorporation.

Sec. 17. This act shall not take effect until the same shall Act when 10 have been submitted to a vote of the legal voters of said town;

take effect to effect which the trustees shall, at one of their regular meetings, direct an election to be held in said town, and shall give ten days notice of said election; three of said trustees shall acı as judges and shall choose two competent clerks, who together shall receive, count, and record all legal votes given for or against this act of incorporation, and if a majority of all the votes given shall be in favor of this act, then this act shall be in full force. The trustees shall file and record the poll books of said election, and said record shall be evidence of the acceptance and adoption of this act.

APPROVED, March 4th, 1813.

AN ACT to provide for a change and re-locasion of a part of the Darwin In force, and Charles:on turnpike,

Mar. 6, 1843, Sec. 1. Be it enacted by the People of the State of Illinois, Darwin and represented in the General Assemblyj, That William M. Todd, Chester of Shelby county, Harvey Chapman, of Christian county, and Turnpike John B. Watson, of Sangamon county, be and they are hereby appointed commissioners to view and examine so much of the Charleston and Darwin turnpike road as lies between the city of Springfield, in Sangamon county, and mile-post on said road numbered 44, nuinbering from Springfield, and also to view, mark, survey, and lay out a proposed route commencing at mile post number 44, in Shelby county aforesaid, and running from thence to Stonington city, in Christian county, thence to Rochester, in Sangamon county, thence to Springfield, in the county last aforesaid.


Com’rs to Sec. 2. Said commissioners, or a majority of them, shall meet and lo. cate road

meet in the city of Springfield, at any time to be agreed on by them, before the first Monday in the month of October next, and after having been first duly sworn to the faithful performance of their duties, shall proceed to view and carefully examine the said turnpike between the points aforesaid, and also to view, survey, mark, and lay out said proposed route from point to point in the manner prescribed by the act to extend the Darwin and Charleston turnpike from Charleston to Springfield, and make report thereof conformable to the provisions of that act; Provided, that said commissioners shall not be required to plant mile.posts as required by that act, but in lieu thereof shall firmly plant in the ground a common stake of durable timber, at the termination of each nile, from the point of commencement; And provided further, that in making out their report said commissioners shall state the difference in the distance of the two routes; and also, whether, in their opinion and good judgment, the public interest, the utility and permanency of the road, would be better secured by a re-location on the proposed route, and if so, to distinctly recommend its removal. If, on the contrary, they should be of opinion that the interest of the public, the utility and permanency of the road, would best be secured by its present location, they shall distinctly set forth the fact, and said turnpike shall not be changed or removed. But if said commissioners shall recommend its removal, then and in that case all that part of the said turnpike lying between the city of Springfield and mile post number 44 aforesaid, shall be taken and deemed vacated, and the road laid out on the proposed route shall be taken and deemed a part of the Darwin and Charleston turn. pike road; any law to the contrary notwithstanding.

Sec. 3. The surveyor of Christian county shall survey all Road to be surveyed

that part of the proposed route lying within the counties of Shelby and Christian, and the county surveyor of Sangamon county shall survey so much of the proposed route as lies in Sangamon county; all the necessary hands, other than the commissioners, and surveyors, shall be employed from the county in which the labor is performed, and the county commissioners' courts of each county may, if they think proper, allow cach hand so employed within the limits of such county a reasonable compensation per day for each day necessarily employed within the limits of such county, as they may deem just and proper. The county commissioners' courts of each county through which the proposed route shall pass, may, if they think proper, respectively allow the surveyor and commissioner from their respective counties such compensation as they shall deem just and right.

Sec. 4. The county commissioners' courts of the counties may be erec. of Shelby, Christian, and Sangamon, are hereby authorised to

set the said road with mile posts as required by the act to ex.
tend the Darwin and Charleston turnpike from Charleston to

Mile posts


Springfield, at any time when in their opinion the condition of their respective county treasuries will justify the expense.

APPROVED, March 6th, 1843.

AN ACT to change part of the turnpike road in Hancock county.

In force,

Feb. 1, 1843. Sec. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That John Harnest, Samuel Com’rs to re

locate road Duniven, and Frederick Loring, of the county of Hancock, be and they are hereby appointed commissioners to view, survey, and re-locate a part of the turnpike road in said county, commencing at the public square in the town of Carthage, thence east with south main street, to the limits of said town, thence with the stage road as near as practicable to De Kalb post office, thence east with said road to a suitable point where said commissioners may think most proper to leave the same for the purpose of intersecting the said turnpike road at the the most convenient and suitable place.

Sec. 2. The said commissioners, or a majority of them, shall Time & place meet at the town of Carthage on the first Monday in April of meeting vext, or as soon thereafter as practicable, and after being du

To be sworn ly sworn by some justice of the peace of Hancock county faithfully to discharge the duties required of them by this act, shall proceed to re-locate said road as herein before described, having a due regard to its permanency and usefulness, doing as little injury to private property as the public good will admit of, and to make out two copies of the survey and plat of Plat of road

made the same, one of which they shall transmit to the internal improvement office at Springfield, the other to be filed with the clerk of the county commissioners' court of Hancock county, who shall record and file the same in his office,

Sec. 3. The county commissioners' court of Hancock Pay of com'rs county shall allow said commissioners, and the necessary hands employed by them, such compensation for their services as they may think reasonable and right.

Sec. 4. That the said turnpike road, from the place where Par: of turn; the above nained re-location intersects the same, west to the pike vacated town of Warsaw, be and the same is hereby vacated, and the

Co, road county road from Carthage to Warsaw is hereby declared to

made part of be and form a part of the said turnpike road, and the county turo pike commissioners' court of Hancock county shall cause a copy Plat to be the survey and plat of said county road to be made out and trans- filed mit the same to the internal improvement office at Springfield. Sec. 5. That all that portion of said turnpike road thus

Road subject located and changed shall be subject to all the benefits and to laws of its

first location regulations contained in the act authorising the first location of the said road. This act to take effect from and after its passage.

APPROVED, February 1st, 1843.



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In force.

AN ACT to incorporate the Peoria Water Company, Feb. 1, 1843.

Sec. 1. Be it enacted by the People of the State of Ilinois, represented in the General Assembly, That Charles Oakley, of Tazewell county, Augustus 0. Garrett, William S. Maus, Les

ter 0. Hurlbert, and Norman H. Purple, of Peoria county, Name and 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 bePowers

ing 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

cessary purposes of carrying on the business of the said

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 Oficers for

said N. H. Purple secretary, and the said Augustus 0. Gar-
rett, William S. Maus, and L.O. Hurlbert, directors of said
company, and a majority of said board of directors shall con-

stitute a quorum for the transaction of business.
Capital stock Sec. 3. That the capital stock of the said company shall

consist of five thousand dollars, with the privilege of increas

ing 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

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 inter-
cst 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 man-
ner proportioned to their respective interests, and agreeable

to the rules and regulations of the said company,
Duty of presi- 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. Treasurer's Sec. 5. The treasurer shall record in a book, to be for that duties

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 presi-
dent, and which shall not be transferable, except upon the
books of the company; he shall take and subscribe an oath to

first year


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

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 hereinafter mentioned; and in case said stock shall be sold in shares of fisty 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 conwater 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 fisty years, and to conduct the same in iron, loaden, or other aqueducts, from any springs' or water 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.

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.

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

water works thereof to any and all persons whatever, upon such terms, conditions, and times as the said company and such persons can agrec 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 o 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


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