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General rules as to.

It is doubtful whether a private citizen or corporation can question the validity of a corporate charter. Proceedings should be quo warranto by proper official.

Chicago Tel. Co. v. N. W. Tel. Co., 199 Ill. 324 (346). The statutes regarding corporations become part of the corporation charter upon organization.

Bixler v. Summerfield, 195 Ill. 147. A street railroad charter gives the corporation existence only. Rights in the streets must be had by grant from the city.

People v. Suburban R. R. Co., 178 III. 594. The Corporation Act Statutes become part of every charter granted in Illinois (and of foreign corporations doing business here. Sec. —.)

City of Danville v. Danville Water Co., 178 Ill. 299. The purposes for which a corporation is organized are determined by its charter.

Evanston Elec. Illuminating Co. v. Kochersperger, 175 Ill. 26. Legislative acts recognizing a corporation acting under a void charter will cure illegal prior acts of such companyhow far.

Snell v. City of Chicago, 133 Ill. 413. All corporate charters are accepted by the corporations subject to the general police power.

Concordia Cemetery Ass'n v. M. & N. R. R. Co., 121 III. 199. Resolution declaring by-laws unnecessary where charter names a board of directors to control the corporate affairs, is in effect a resolution to give the directors full charge.

Reichwald v. Commercial Hotel Co., 106 Ill. 439. Reservation of power in charter of company under special act.

Diversey v. Smith, 103 111, 378.

Charters granted by Congress cannot be taxed by the States without consent of Congress.

People v. A. T. & St. F. Ry. Co., 2 Ill. C. C. R. 1.

Forfeiture of.

Failure to make annual report (Act of 1901) does not, of itself, forfeit the charter, but is prima facie basis for proceedings to forfeit it.

People v. Rose, 207 111. 352. Forfeiture of corporate charter will not be favored where there has been a substantial compliance with the intent of the charter. Failure to list property for taxation insufficient.

North & S. Rolling Stock Co. v. People, 147 Ill. 234 (253). Amendment to corporate charter by act of the Legislature, accepted by the company, must be complied with. Forfeiture may be had for failure.

People v. Kankakee Imp. Co., 103 Ill. 491.

Sale or gift of.

The charter granted the incorporators cannot be sold or transferred except by special authority granted by the Legislature, directing the method of sale or transfer. The right to be a corporation cannot be transferred.

Snell v. City of Chicago, 133 Ill. 413. A corporate franchise or right to be a corporation cannot be sold, given away or otherwise transferred.

Fietsam v. Hay, 122 Ill. 293.

CONDEMNATION.

CONSTITUTIONAL PROVISION.
STATUTES AS TO—

GENERAL ACT OF EMINENT DOMAIN.

STATE LANDS NOT TO BE TAKEN.
LAW AS TO-

RIGHT TO AND CONDITIONS OF.
IN VACATION.
ORDINANCE MAY CONTROL.
BY COMMERCIAL RAILROAD.
BY STREET RAILWAY Co.
By ELEVATED Co.
By RECEIVER.
By TELEGRAPH OR TELEPHONE Co.
BY FOREIGN CORPORATION.
NOTICE TO OWNERS.
QUESTIONS THAT MAY BE RAISED.
PARTIES.
LEASEHOLD-STATUS OF.
MORTGAGOR AND MORTGAGEE.
PETITION-SUFFICIENCY OF.
PLEADINGS IN GENERAL.
PRACTICE AS TO.
DAMAGES—How DETERMINED.
COMPENSATION IN GENERAL,
MEASURE OF DAMAGE.
SPECIAL ELEMENTS OF DAMAGE.
FOR LAND NOT TAKEN.
FOR LAND TAKEN.
BENEFITS-GENERAL AND SPECIAL.
WITNESSES IN.
EVIDENCE IN.
JURY IN.
INSTRUCTIONS IN.
VERDICT IN.
JUDGMENT IN.
APPEAL IN.

Constitution.) Art. IV, § 13. Private property shall not be taken or damaged for public use without just compensation.

Such compensation, when not made by the State, shall be ascertained by a jury, as shall be prescribed by law. The fee of land taken for railroad tracks without consent of the owners thereof, shall remain in such owners, subject to the use for which it is taken.

Statutes as to.

AN ACT to provide for the exercise of the right of eminent domain. (Approved April 10, 1872. In force July 1, 1872. L. 1871-2, p. 402.

1. Compensation-Jury.) § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That private property shall not be taken or damaged for public use without just compensation; and that in all cases in which compensation is not made by the State in its corporate capacity, such compensation shall be ascertained by a jury, as hereinafter prescribed. (See Const., Art. 2, § 13, p. 55; Art. 11, § 14, p. 72.

2. Proceedings-Parties.) 8 2. That in all cases where the right to take property for public use, without the owner's consent, or the right to construct or maintain any public road, railroad, plankroad, turnpike road, canal or other public work or improvement, or which may damage property not actually taken, has been heretofore or shall hereafter be conferred by general law or special charter upon any corporate or municipal authority, public body, officer or agent, person, commissioner of corporation, and the compensation to be paid for in respect of the property sought to be appropriated or damaged for the purposes above mentioned, cannot be agreed upon by the parties interested, or in case the owner of the property is incapable of consenting, or his name or residence is unknown, or he is a non-resident of the State, it shall be lawful for the party authorized to take or damage the property to required, or to construct, operate or maintain any public road, railroad, plankroad, turnpike road, canal or other public work or improvement, to apply to the judge of the Circuit or County Court, either in vacation or term time, where the said property or any part thereof is situate, by filing with the clerk a petition, setting forth, by reference, his or their authority in the premises, the purpose for which said property is sought to be taken or damaged, a description of the property, the names of all persons interested therein as owners or otherwise, as appearing of record, if known, or if not known stating that fact, and praying such judge to cause

the compensation to be paid to the owner to be assessed. If the proceedings seek to affect the property of persons under guardianship, the guardians, or conservators of persons having conservators, shall be made parties defendant, and if of married women their husbands shall also be made parties. Persons interested, whose names are unknown, may be made parties defendant by the description of the unknown owners; but in all such cases an affidavit shall be filed by or on behalf of the petitioner, setting forth that the names of such persons are unknown. In cases where the property is sought to be taken or damaged by the State for the purpose of establishing, operating or maintaining any State house or State charitable or other State institutions or improvements, the petition shall be signed by the Governor or such other person as he shall direct, or as shall be provided by law. (Cincinnati, Lafayette & Chicago R. R. Co. v. Danville & Vincennes Ry. Co., 75 I11. 113; Chicago, Rock Island & Pacific R. R. Co. v. Town of Lake et al., 71 Ill. 333.

3. Petition in Vacation.) § 3. If such petition be presented to a judge in vacation, the judge shall note thereon the day of presentation, and shall also note thereon the day when he will hear the same, and shall order the issuance of summons to each resident defendant, and the publication of notice as to each non-resident defendant, and the clerk of the court shall at once issue the summons and give the notices accordingly.

4. Service-Notice.) § 4. Service of such summons and publication of such notice shall be made as in cases in chancery. (C. & A. R. R. Co. v. Smith, 78 I11. 96.

5. Hearing.) § 5. Causes may be heard by such judges in vacation as well as in term time, but no cause shall be heard earlier than ten days after service upon defendant or upon due publication against non-residents.

Several Tracts.) Any number of separate parcels of property, situate in the same county, may be included in one petition, and the compensation for each shall be assessed separately, by the same or different juries, as the court or judge may direct.

Amendments.) Amendments to the petition, or to any paper or record in the cause, may be permitted whenever necessary to a fair trial and final determination of the questions involved.

New Parties—Practice.) Should it become necessary at any stage of the proceedings to bring a new party before the court or judge, the court or judge shall have the power to make

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