stitute a county to be called Cook; and the county seat thereof is hereby declared to be permanently established at the town of Chicago, as the same has been laid out and defined by the canal commissioners.

An act authorizing incorporated cities to change, alter and vacate streets or parts of

streets.

[Approved February 15, 1851.]

1. STREETS MAY BE VACATED, WHEN.] SECTION 1. Be it enacted by the People of the state of Illinois, represented in the General Assembly, That when the corporate authorities* of any city may deem it for the best interest of their respective cities that any street or part of street shall be changed, altered or vacated, said authorities shall have the power, upon the petition of the property holders owning property on such street, or part of street, to change, alter or vacate the same, and to convey, by quit claim deed, all interest which said city may have had in the street or part of street, so vacated, to the owner or owners of lots and lands next to and adjoining the same, upon the payment by such owner or owners of all assessments which may be made against their lots or lands for and on account of benefits to the same arising from such change, alteration or vacation of any street, or part of street, as aforesaid.

2. ASSESSMENT of Benefits and DAMAGES.] Sec. 2. The benefits and damages caused by changing, altering or vacating any street, or part of street, as aforesaid, shall be assessed and determined in the manner pointed out by the act incorporating such city, or by the ordinances thereof, in other cases.

An act to authorize the common council of the city of Chicago to vacate streets and alleys. [Approved February 12, 1859.]

3. AUTHORITY TO VACATE STREETS AND ALLEYS.] SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the common council of the city of Chicago be, and is hereby, empowered and authorized to vacate any street or alley within said city, and if any person shall be entitled to damages, such damages shall be assessed and paid in the same manner as they would be in the opening of a street in said city.† 4. ACT IN FORCE, WHEN.] SEC. 2. This act shall be in force from its passage.

* See powers of council, page 407, article 54; as to vote necessary, see page 410, sections 13 and 14.

+ For proceedings to open streets, etc,, see page 444, section 4 et seq.

An act to adjust and settle the title to the wharfing privileges in Chicago, and for other purposes.*

[Approved February 27, 1847.]

1. PREAMBLE.] Whereas, those portions of land, or parts of South Water, North Water, West Water and East Water streets, in the original town of Chicago (on the sides of said streets nearest the river), which lie eighty feet distant from the lines of the lots laid out on the sides of said streets furthest from the river, sometimes known as the " wharfing privileges," are now, and have been for a long time past, made the subject of much controversy between different persons and corporations claiming the title to the same; and, whereas, as they are now situated, neither the city of Chicago, nor any person or body corporate, derive any benefit from the same, except the persons who are occupying them, but they are a fruitful source of discord, dissatisfaction and illegal violence; and, whereas, it is for the benefit of all parties, claiming an interest therein, that the questions arising as to the title to the same, shall be settled and determined as speedily as possible; Now, therefore:

1. POWER IN COUNCIL TO VACATE, ADJUST RIGHTS AND MAKE DEEDS EXCEPTIONS.] SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That the common council of the city of Chicago shall have full power and authority to discontinue and vacate any part or portion of South Water, North Water, West Water and East Water streets, which lies beyond a line eighty feet distant from the line of the lots laid out on the sides of said streets furthest from the river (sometimes known as " wharfing privileges”), or any such part or portions as lie between the line first aforesaid and the river, and to compromise, adjust and determine all conflicting rights or claims arising between the city and any or all persons and corporations who are or may be claimants of such portion of said streets or wharfing privileges; and, for this purpose, the said common council is authorized to make and establish all necessary ordinances, rules and regulations, and to make, execute and deliver all such deeds, agreements, leases and conveyances, and to enter into, take or receive any and all such agreements as the said common council shall deem proper and expedient touching said premises: Provided, that nothing in this section contained shall authorize said city to do any act which shall deprive any private individuals or corporations, the trustees of the Illinois and Michigan canal, or the state, of any right, title, interest or claim, he, she, they or it may have in and to said wharfing privileges, or portion of streets, as property, without his, her, their or its consent; and all the rights, if any, of said state, and trustees of said canal, are hereby expressly reserved: Provided, that upon all questions arising in said council under this section, a vote of two-thirds of all the aldermen, authorized by law to be elected, shall be necessary.

2. BILL IN CHANCERY TO BE FILED JURISDICTION OF COURT.] SEC. 2. For the purpose of adjudicating, settling and determining all the rights of the various parties, including the state, trustees of the Illinois & Michigan canal, and the city of Chicago, and all and every person and corporation, who claims or may claim any portion of said streets or said wharfing privileges, or any interest therein, of whatever name or description, the said city, or any person or corporation, claiming an interest in said portions of said streets or land, or wharfing privileges, is hereby authorized to file a bill in chancery, in either the circuit court of Cook county or the Cook county court, and to make said state, the trustees of the Illinois and Michigan canal, the city of Chicago and every person and corporation, claiming any interest in said premises, a party thereto; and said court, in which such bill shall be filed, is hereby authorized to hear and determine the same, and to adjudicate, decree and determine the respective rights of the several parties to said bill or proceedings, respectively, fully and particularly; and said court is hereby clothed with full power and jurisdiction to carry into effect all its decrees and determinations in the premises; and in case of the failure of any party to execute any deed, conveyance or other instrument required by said court, to empower the master in chancery of Cook county, or any commissioner appointed by said court, to make, execute and deliver such deed, conveyance or instrument, and the decision of such court shall be final and conclusive in the premises, unless the same shall be appealed from within ninety days from the entering of the final decree: Provided, that in case of appeal it shall not be necessary that the party appealing should enter into bond, but the filing of a notice, in writing, in the clerk's office of said court, signed by such party's attorney or solicitor, shall be deemed sufficient evidence of the taking of the appeal: And provided, further, that notice of the filing of said bill shall be served on the governor, the secretary of said

This and the following act, except section 5 of this act, are continued in force by section 14, chapter 17, charter of 1863, see page 574, section 15. For ordinances upon the same subject, see ante, page 152; also page 369.

trustees, and a notice thereof published in three of the newspapers, published in Chicago, for sixty days before the day of hearing of said bill; And provided, further, that the ordinary process of summons in chancery shall issue, and be directed to the proper officer or officers, to be executed as in other cases in chancery; And provided, further, that the judge of said court shall have full power and authority to make all necessary orders for the entering of the appearance of any party to said suit.

3. APPEAL-JURISDICTION OF SUPREME COURT.] SEC. 3. In case of appeal the supreme court shall possess as full powers in the premises as in other cases of appeal, but the appeal of any party shall not require said supreme court to adjudicate any question which shall not arise between said appellant and some other party to such bill or proceeding.

4. RIGHT TO VACATE AND ALTER STREETS.] SEC. 4. The common council of said city shall have as full power to alter, widen, contract, straighten and discontinue North Water, South Water, East Water and West Water streets in said city, as any other streets: Provided, that the rights of the state and the trustees of the Illinois and Michigan canal, if any, shall not be affected, or invalidated, or prejudiced by any such act of the said common council.

5. COUNCIL MAY WIDEN RIVER-PROCEEDING.] SEC. 5. The said common council are, hereby, fully empowered to widen the Chicago river and the branches thereof, within the city, from time to time, as they may deem proper and necessary for the commercial business of said city, by cutting away the whole or any part of the streets or lots on the bank of said river or its branches. And, in case said common council shall determine thus to widen said river, or either of its branches, by cutting away any lot, lots or part of a lot, such proceedings shall be had, for the condemnation and appropriation of such lot or lots, or part of a lot, and the assessment of damages and benefits, as are authorized and directed by the act to incorporate the city of Chicago, and the acts amending the same for the opening of streets and alleys; and the provisions of said acts shall apply to the widening of said river or its branches, so far as they are applicable; but nothing in this section contained shall authorize the taking of private property for any such purpose, without making adequate compensation to the owner thereof.

An act to amend an act entitled "An act to adjust and settle the title to the wharfing privileges in Chicago and for other purposes," approved February 27, 1847, and in relation to wharves and docks in said city.*

[Approved February 11, 1853.]

6. POWER TO VACATE STREETS AND CONVEY LAND-COURTS TO CONFIRM.] SECTION 1. Be it enacted by the People of the state of Illinois, represented in the General Assembly, That the common council of the city of Chicago, shall have power and authority to discontinue and vacate the whole, or any part or portion, of North Water, East Water and West Water streets, and so much of any other street in said city as immediately fronts Chicago river, or either of its branches, and to compromise, adjust and determine all conflicting rights or claims arising between the city and any or all persons and corporations who are or may be claimants of the fee of any part or portion of said streets, or of any right or interest therein; and upon such compromise and adjustment said city may convey, by deed or otherwise, the fee in such parts or portions of said streets as may be thus vacated or discontinued to such person or persons as said council may deem entitled to the same, under the provisions of this act, or the act to which this is an amendment; and all deeds or other conveyances which have been made and delivered, or which may hereafter be made and delivered by said city, under the provisions of this act, or the act to which this is an amendment, shall be deemed valid and effectual to the conveying the title in fee of the premises, therein described, to the person or persons to whom the same are or shall be respectively made, their heirs and assigns: Provided, that before any such deeds or conveyances shall bar or preclude the rights of any other person or persons claiming an estate in such portions of said streets, thus vacated or discontinued, such deeds or conveyances shall be approved by the court under the provisions of this act, or the act to which this is an amendment, or an order of the circuit court shall be made, upon petition filed by said city or any person or party claiming title under such deeds or conveyances respectively, approving and confirming such deeds or conveyances upon notice given by publication in, at least, three of the daily papers published in said city of Chicago, for the space of time required in said act to which this is an amendmeut, directed to all persons claiming any right or interest in the premises described in said deeds or conveyances, to appear and show cause, if any they have, why such deeds or conveyances should not be approved and confirmed. The provisions of said act, to which this is an amendment, shall apply to such parts or portions

See note to section 1, ante, page 629.

of the above named streets as may be discontinued, by virtue of this act, as far as the same may be applicable.

7. APPEAL. SEC. 2. Appeals from any order of approval or confirmation under this act, may be taken within the time and in the manner and as is provided in said act to which this is an amendment and not otherwise.*

8. CITY AUTHORIZE WHARVES.] SEC. 3. The city of Chicago may authorize and empower any person or persons to whom any portion of said streets thus discontinued or vacated has been or may be conveyed under the provisions of this act, or the one to which this is an amendment, to erect wharves or docks, extending into the Chicago river, in front of the premises thus conveyed, for the purpose of facilitating the trade and commerce of said river and to receive and collect reasonable wharfage or dockage for the use of the same; and no person, except the owner of the same, or the person entitled under such owner, shall use or occupy any wharf or dock erected in said city under the permission of the common council thereof, without making reasonable compensation for such use to the owner thereof, or to the party entitled to the use thereof under such owner.

9. PENALTY FOr building WhARVES WITHOUT PERMISSION.] SEC. 4. Every wharf or dock which shall be extended or erected in any portion of the Chicago river, or either of its branches, without the express permission or authority of said city, shall be forthwith removed; and if any person or persons shall continue to occupy any such wharf or dock, not authorized by said city, after having been notified, in writing, to remove the same, such person or persons shall forfeit and pay to said city, twenty dollars for each day they shall thus occupy such wharf or dock, or suffer the same to remain in said river after the expiration of ten days from the date of said notice, to be recovered by action of debt as other penalties under the charter or ordinances of said city may be recovered.

10. CONSTRUCTION OF THE ACT.] SEC. 5. Neither this act, nor the act to which this is an amendment, shall be so construed as to make it necessary to make any other person or corporation a party to any bill authorized to be filed by the last named act, except such persons or corporations as shall have an interest in the fee or private use of so much of the premises, lot, or wharfing privilege, or street, to settle the title of which such bill may be filed; and the bills which have been or may be filed under said acts, may include such parts and so much of the streets, wharfing lots or wharfing privileges as the complainants may see fit to include therein: Provided, that the court may require such other premises to be included therein as may be deemed necessary by said court.

11. COURT AUTHORIZED TO ADJUDICATE CLAIMS.] SEC. 6. The court in which any suit may be pending, under the provisions of the act to which this is an amendment, or of this act, is hereby authorized and empowered, from time to time, to adjudicate and determine the rights of the respective parties to any wharfing lot or wharfing privilege, or part thereof, and to enter a final decree touching such lot or part of lot, without deferring such final decree until the rights to other lots or premises shall be determined, so that the title to each wharfing lot, or part of lot, may be adjusted at the earliest possible day, and not be delayed on account of any conflicting claims or litigation respecting other lots or premises.

12. CAUSES MAY BE HEARD IN VACATION.] SEC. 7. The circuit court, or the judges thereof, may hear and determine all matters under this act, or the one to which it is an amendment; in vacation; but all final decrees, or final orders, made therein shall be considered as made and entered at the next succeeding term of said court, in case such final order or decree shall be made in vacation, so far as the right to except to or appeal from the same, and the computation of time in which such appeal must be taken, is concerned. 13. WHEN ACT IN FORCE.] SEC. 8. after its passage.

This act shall take effect and be in force from and

* Section 3, ante, page 630.

An ordinance concerning the La Salle and Chicago Railroad Company.

[Passed May 6, 1872.]

Be it ordained by the Common Council of the city of Chicago:

SECTION 1.

That

1. PROVISIONAL AUTHORITY TO ENTER CITY AND OCCUPY STREETS.] permission and authority be, and the same are hereby, given and granted unto the La Salle and Chicago railroad company to lay down, maintain and operate one or more railroad tracks along and upon the following named route and streets in the city of Chicago, to-wit: Commencing at the western city limits, adjacent to the right of way of the Chicago, Burlington and Quincy railroad company, thence, as near as practicable, to the said Chicago, Burlington and Quincy railroad tracks to Rebecca street, thence on the south half of Rebecca street to, or near, the east end of Rebecca street, thence to Meagher street, thence on the south side of Meagher street (and on the alleys between Johnson and Halsted streets, running on a line nearly due west of Meagher street) and across Meagher street into Stewart avenue; thence north on Stewart avenue and Beach street to Harrison street; thence north across Harrison street on the east side of the tracks of the Pittsburgh, Fort Wayne and Chicago railroad company, on any property said La Salle and Chicago railroad company may acquire by purchase condemnation or otherwise, to the south line of West Adams street: Provided, that the La Salle and Chicago railroad company shall not, in entering the city occupy or cross the depot grounds of another company.

2. RIGHT TO CROSS STREETS-BOARD OF PUBLIC WORKS TO SUPERINTEND.] SEC. 2. The said railroad company may cross any and all streets and alleys and railroad tracks upon or along the line of its said route. Said company to be subject to the directions of the board of public works of said city, in the construction of its said tracks and the keeping in repair of so much of said streets, alleys and crossings as may be occupied by said railroad company with its tracks, switches and turn-outs.

3. POWER TO BE USED.] SEC. 3. The said railroad company may, and it is hereby authorized to, lay down, maintain and operate one or more railroad tracks, with such turn-outs, sidetracks, switches and turn-tables as it shall deem necessary, over or across any land which it may acquire upon the line of said route, or said streets, or between the same on the line of said route, either by purchase, condemnation or otherwise, and the said railroad company

* This ordinance was inadvertently omitted from the chapter "Railroads" of special ordinances. [632]