Objects.

Capital stock.

change the same at pleasure; may make by-laws, rules and regulations for the management of their property, regulation of their affairs and for the transfer of their stock, not inconsistent with the constitution of the United States and the constitution and laws of this state.

§ 2. Said corporation shall have power to construct, maintain and continue a plank road of such width as they may deem advisable, by the directors of said corporation, from the said town of Carlinville to the town of Chesterfield, in the county of Macoupin, Illinois.

§ 3. The capital stock of said company may be twenty-five thousand dollars, which shall be considered personal property, and divided in shares of fifty dollars each.

§ 4. That E. Upham, John Logan, Thomas S. Gelder, Commissioners. John A. Chesnut, Samuel T. Mayo, B. T. Burke and John M. Palmer, or a majority of them, shall be commissioners for receiving subscriptions to the stock of said company, when and where, and after such notice as they or a najority of them shall agree; they may require security for the payment of subscriptions thereto, and partial payment thereof, from time to time, as they may deem necessary before the same shall be taken.

Directors.

Books, &c.

Toll-zates and talls.

§ 5. The affairs of said company shall be managed by five directors, three of whom shall be and form a quorum to do and perform the business of said company, who shall be chosen as soon as the sum of five thousand dollars shall be subscribed to the capital stock of said company. The said directors shall hold their offices for the space of one year, and until their successors are elected and qualified: they shall be chosen by the stockholders, each of whom may vote personally or by proxy, duly authorized in writing, casting as many votes as each stockholder shall own shares of said stock. Elections of directors shall be held at the time and place appointed by the commissioners, and all subsequent elections may be held and regulated by the by-laws of the company.

§ 6. Upon the election of directors and organization of their board, the said commissioners shall deliver to said directors all moneys received by them on subscription to said stocks, together with all books of subscription and other property which may be in their hands, to the directors.

§ 7. The said corporation is hereby authorized, as soon as the board of directors are elected, to commence the construction of said road, and as soon as any three miles thereof shall be completed, may erect toll-gates thereon and collect the toll allowed by this act. Said company shall keep said road in repair, and said corporation shall have power to construct bridges and causeways over any streams or sloughs, anywhere upon the route of said road they may deem necessary; and said company may have power to bor

row an amount of money not exceeding the capital stock of said company, to aid in constructing said road.

§ 8. The said company shall have power to fix and Rate of tolls. regulate the tolls to be charged and paid for passing on said road, and it shall be lawful for any toll- gatherer to stop and detain any person going on said road until the toll properly chargeable shall be paid; and any person who shall use said road and refuse to pay said toll, shall forfeit and pay for such refusal the sum of three dollars, to be collected in the name of said corporation by an action of debt, before any justice of the peace of the proper county. § 9. The said corporation shall be allowed two years and completion from the passage of this act to commence the said road, of road. and shall complete the same within three years thereafter; and upon failure to do so, this charter and all the privileges herein granted shall be forfeited.

Commencement

state.

$10. The said corporation is hereby authorized to lo- Lands owned by cate and construct said plank road over any lands owned by this state or by individuals on the route of said road. Said company shall pay all damages which may arise or accrue to any person or persons by means of taking their lands, timber, rock, stone or gravel, for the use of the said Damages. road; and when the same cannot be obtained by the consent of the owners, upon reasonable terms, it shall be estimated and recovered in the manner provided by law for the the recovery of damages happening by the laying out, opening and establishing public highways.

road.

§ 11. The said company or corporation may, and they Extension of are hereby authorized, to extend the said plank road, either by the main trunk or by lateral branches, so as to connect with any road or roads of like description in this state; which said extension or branches shall be subject] to and governed by the provisions of this act.

§ 12. This act to be deemed and taken to be a public Act to be public. act, and as such shall be liberally construed in all courts and places whatsoever.

§ 13. This act to be in force and take effect from and after its passage.

APPROVED June 21, 1852.

AN ACT to define the time of holding circuit courts in the eleventh judicial In force June 21,

circuit.

1852.

SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, The times Times of holding of holding the circuit courts in the eleventh judicial circuit of this state shall be as follows: In the county of Will will.

court.

Iroquois,

Grundy.

Du Page.

Process, &c.

Grand jury.

Court of Will to

for

on the second Monday in March, first Monday in September and third Monday in December of each year; in the county of Iroquois on the Tuesday after the fourth Monday of April, and on the Tuesday after the third Monday in September of each year; in the county of Grundy on the fourth Monday in March, and the first Monday in October in each year; in the county of Du Page on the second Monday of April, and third Monday in October in each

year.

§ 2. All process, suits, recognizances or other legal proceedings, that have been or may be set or returnable in and to any of said courts, at the terms of said courts so arranged by law, prior to the passage of this act, shall be equally valid as though this act had not been passed, and shall moreover be considered as set and returnable to the terms of the courts as fixed and established by this act.

§ 3. No grand jury shall be summoned for the December term of the Will county circuit court, unless the judge thereof shail, upon application of some person or persons in jail on some criminal charge, order the same. be always open 4. The circuit court sitting as a court of chancery, chancery shall be always open in the county of Will, whenever the judge of the circuit court shall be present and ready to attend upon the same, but no jury shall be required to attend, unless upon special venire, except at regular terms. § 5. This act to take effect on its passage. APPROVED June 21, 1852.

purposes.

In force June 21, AN ACT to amend an act entitled "an act to create the county of Gallatin

1852.

out of the counties of Gallatin and Saline."

SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That on Time of election. the first Monday in the month of August next, an election shail be held at all the precincts established in the counties of Gallatin and Saline, as heretofore existing, for the formation of the county of Gallatin, at which election the legal voters of the said counties of Gallatin and Saline shall vote for or against the formation of the said county of Gallatin, as provided for in an act to which this is an amendment; and if it shall appear after an examination of the vote, as hereafter provided, that a majority of the legal voters in each of said counties, who shall vote at said election, shall have voted for the formation of the county of Gallatin, out of the counties of Gallatin and Saline, then Object of elec- and in that case all that territory embraced in the said counties of Gallatin and Saline shall hereafter compose the

tion,

county of Gallatin, as provided for in the act to which this is an amendment. But if it shall appear on examination of the vote of said election, that a majority of the legal voters of either or both of said counties, who shall vote at said election, shall have voted against the formation of the county of Gallatin, as provided for in the act to which this is an amendment, then this act and the act to which this is an amendment shall cease to be in force, and be void and of no effect.

§ 2. The returns of said election in Gallatin and Saline Returns. counties shall be made to the clerk of the county court of each county, respectively, in the same time returns are required to be made in elections for county officers. The said clerk, within five days after the returns are received, shall open said returns and under oath shall make out a certificate, setting forth therein the number of votes cast at said election for and against the formation of the county of Gallatin, as appears from the said returns, and transmit within two days said certificate to the secretary of state; and for a failure to perfor u any of the duties imposed on Penalty. them by this act, they shall forfeit and pay the sum of one hundred dollars, to be sued for and recovered by any person for the use of the county who may sue for the same in an action of debt, before any court having competent jurisdiction.

§ 3. The secretary of state, within a reasonable time. after receiving said certificates or returns, if it shall appear from the same that a majority of the votes of each of said counties, cast at said election. were cast in favor of the formation of said county of Gallatin, shall cause procla- Proclamation. mation to be made thereof, in all the newspapers published in the town of Springfield.

§ 4. If a majority of votes, as before provided, shall be cast for the formation of the said county of Gallatin, then on the first Monday in the month of September an elec

tion shall be held in said county for county officers who by County officers. the constitution and laws of the state are required to be elected in the several counties thereof, except justices of the peace and constables; and said election shall be held at the same places, and conducted in the same way, and returns thereof made and compared in the same manner as provided for in the fourth section of the act to which this is an amendment.

§ 5. At the time and place, as provided in the fourth section of this act, an election shall be held in said county of Gallatin for the permanent location of the county seat County seat. thereof, and the town of Equality is hereby designated as a point to be voted for as the county seat of said county. Said election to be conducted and returns made in the same way as provided in the said fourth section of this act;

Notices.

and if a majority of the voters voting at said election shall vote for the location of the county seat at Equality, then the same is hereby declared to be the permanent county seat of said county.

§ 6. The clerks of the county courts of said counties of Gallatin and Saline shall cause the same notice of the different elections provided for by this act to be given, as is required in elections for county officers.

7. This act to take effect and be in force from and after its passage.

APPROVED June 21, 1852.

1852.

In force June 21, AN ACT to amend the first section of an act supplemental to "an act to incorporate the Northern Cross Railroad company, and to increase the number of directors of said company."

branch.

SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That the Termination of first section of an act entitled "an act supplemental to an act entitled 'an act to incorporate the Northern Cross Railroad company,' approved February tenth, one thousand eight hundred and forty-nine," be so amended as to authorize the said Northern Cross Railroad compary to terminate the lateral branch of said road at any point where the said railroad may connect with any other railroad extending northward to the city of Chicago, anything in the act to which this is an amendment to the contrary notwithstanding. § 2.

Increase of num

That the directors of the said Northern Cross Railber of directors. road company may be increased so that the number thereof shall not exceed nine.

APPROVED June 21, 1852.

La force June 21, AN ACT to incorporate the town of Harrisonville, in Knox county, and to

1852.

Corporation.

change the name to Hermon.

SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That the citi zens of Harrisonville, Knox county, Illinois, be and the same are hereby declared a body politic and corporate, with the privilege of exercising in their corporate capacity all the powers and privileges conferred upon towns by the general acts of this state authorizing the incorporation of