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1852

payment of the full amount of bonds which the company may, at the timne said deed of trust or mortgage bears date, or at any time thereafter, desire to sell and dispose of, and may execute and sell, from time to time, such amounts of said bonds, and of sucii dates, and payable to such person or persons as to the directors of said company in y seem advisable, till the whole ainount of bonds mentioned in such mortgage or deed of trust is executed and sold; and the said mortgage or deed of trust shall be as valid and effectual to secure the payınent of the bonds so executed and sold, and of every part thereof, as if the same and every part thereof had been executed of even date with the said deed of trust or mortgage.

APPROVED June 11, 1852.

Jo force June 14, AN ACT to amend the charter of the Illinois and Mississippi Telegraph 1802.

company.

capital stock.

ment.

Section 1. Be it enacted by the people of the State of Illi

nois, represented in the General Assembly, That the board Assessments on of directors of the Illinois and Mississippi Telegraph com

pany are hereby vested with power to levy, from time to time, assessments upon the capital stock of said company, of such annount as may be sufficient, in the opinion of said board of directors, to pay lie debts and liabilities of said company, and to repair and reconstruct the lines of telegraph belonging to said company, and to keep and maintain the same in good working order.

§ 2. That said assessments shall be levied by order of Manner of assess- the board of directors, which shall specify the annount of

the assessments levied upon each share of the capital stock; and all assessinents shall be equal and uniform, so that each share of said stock shall be assessed to the same amount.

§ 3. After any order shall hare been passed by the said Pu!!!zation of no- board of directors levying any such assessment, notice

thereof shall be given to the stockholders of said company by publication for twenty days in soine newspaper printed in each county in the state within which the said company sliall have a telegraph station, if there be any newspaper printed in said county; and it shall be the duty of the pubJishers of such papers to file certificates of said publications with the secretary of said company, which certificates shall be evidence of such publication in all places, should such publication ever be called in question ; and a certificate from the secretary of said company that any publications

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chancery to cancel stock.

have been made, as by this act required, shall be prima facie evidence thereof in all courts and places wliatever.

§ 4. If payment of any assessment upon any share or Forfeiture of shares of said stock shall not be made to the treasurer of stock said company, within the time limited by the order of the said board of directors levying such assessments, which shall not be less than thirty days from the time of the passage of such order, it shall be coinpetent for the said woard of directors, and tiey are hereby vested with full power, to declare any and all stock of said company upon which any assessment shall not have been paid, to be forfeited to said company, and the said stock shall be and the same is hereby declared to be forfeited and cancelled.

§ 5. In case the said board of directors shall not think Proceedings im it advisable to proceed, by their own order, to declare such stock forfmited upon which any such assessment shall not have been paid, it shall be competent for said company to apply to the court of chancery in any county in this state within which the said company shall have a telegraph station, by petition, setting forth the order of the board of directors levying such assessment, the fact of publication of notice of said assessinent as required by this act, and the non-pavinent of said assessment, describing the stock by its numbers, and praying the said court to decree that the said non-paying stock br forfeited to said company, and that the same be cancelled; or the prayer of the said petition may be that the said court may order the said non-paying stock to be sold br the treasurer of said company to the highest bidder, and the said company is hereby authorized to bid at such sa'e upon the share or shares offered the annount of the said assessinent and no more; and in case the same shall be sold to said company, the same shall be cancelled, but in case any person sliall pay more for said stock than the amount of the assessment, it shall be the duty of the secretary of said company to issue a certificate of stock to the purchaser, and the original certificate or certificates of the stock tus sold shall be and the same is hereby declared to be caucelled and void, and the amount paid for said stock over the amount of the assessment shall be paid over to the owners of said stock.

6. The said court of chancery is hereby vested with Jurisdiction of jurisdiction to grant the relief which may be prayed for in said petition, according to the provisions of the preceding section; and the said court of chancery is hereby declared to be always open for the purpose of exercising said jurisdiction and to make any order or decree in relation thereto.

§ 7. Notice of the pendency of said petition shall be notice of propublished for at least two weeks in some newspaper published in the county where such petition shall be filed, and

court.

cecdings.

retary and treasurer.

be pa

graph,

vithout the saiiany such

tors.'

a copy of such notice shall be filed with the secretary of

said company, certified by the publisher. Certincate of sec- $ 8. The official certificate of the secretary and treas

reas- urer of said company shall be prima facie evidence of the

non-payment of any such assessment. Transaction of § 9. The said board of directors may transact business by tele- without assembling together in open meeting, by means

either of telegraphic or written communications, and the votes of directors may in this way be given and ascertained, and any order, by-law, or resolution, in favor of which a majority of the directors shall vote, by forwarding their votes to the president or secretary of said company, wither by telegraph or written communication, shall be entered of record by the secretary of said company, and shall be valid and binding to all intents and purposes.

§ 10. The said board of directors is hereby authorized Power of direc- and empowered to adopt and pass all orders, resolutions and

by-laws, which the interests and well being, good order and management of the affairs of the said company may require, not inconsistent with the laws and constitution either of this state or of the United States, and with a view, as far as possible, to the stability, continuance and regular working of said telegraph, or as much thereof as it is practicable for said company to maintain and support, in the opinion of the said board of d.rectors, and may vest in their subordinate officers all necessary powers therefor.

§ 11. The said board of directors is hereby authorized Divisions of line. and empowered to divide their lines of telegraph into such

divisions as may be deemed convenient and proper, and may provide for the separate government and management, in whole or in part, of such divisions, and may separate the finai cial interests and liabilities of each division from the others. Any debt or liability contracted or incurred by the officers or governmental authority of one division, for or on account of that division, shall only create a special liability againse said company, so as only to subject the property, assets, resources and funds of such division to the payment thereof.

§ 12. All process to or against said company shall be Service of prc-served by reading to or leaving a copy thereof with the pre

sident or secretary of said company.

§ 13. It shall be unlawful for any person to fasten any J'enalty for inju- boat or vessel to the posts or poles of said lines of telegraph,

J.i.bilities.

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or to check the progress of any boat or vessel by means thereof. Any person who shall do so, or cause the saine to be done, to the injury of the said lizes of telegraph, shall be liable to the same punishment and may be prosecuted in the same way as is provided in section seven of an act entitled “An act for the establishment of telegraphs,” approved February 9th, 1849, and shall, moreover, be liable to pay to

ries.

said company three times the damage which such injury may cause, which may be recovered before a justice of the peace or circuit court of the proper county.

$ 14. A certified copy, by the secretary of said compa- Certified copies te ny, of any order, by-law or resolution passed or adopted by be evidence. the board of directors of said company, shall be evidence of the due passage or adoption thereof in all courts and places whatever.

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

APPROVED June 14, 1852.

AN ACT to enable the city of Rock Island to levy and collect a special tax. In force June 14,

1852.

Whereas the city of Rock Island has become a subscriber Preamble.

to the capital stock of the Chicago and Rock Island Railroad company to the amount of fifty thousand dollars, and has issued her bonds, braring interest at the rate of ten per centum per annum, payable semi-annually, for the purpose of raising that sum of money; now, therefore, for the purpose of enabling the said city to meet the payment of interest upon said bonds as the same shall fall due,

Section 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That the city council of the city of Rock Island be and they are hereby Special interest authorized and required, from year to year, to levy and col- tax lect, in like manner as nearly as may be as other city taxes are levied and collected, a special tax, for the purpose of paying the interest on said bonds.

§ 2. Said tax shall be levied according to the valuation Med of property for ordinary taxes of each year respectively, ment." and in case no valuation for ordinary taxation should be made for any year, then a special valuation shall be made for the purposes of this act.

$ 3. "The time at which said special tax shall be col- Time of assegslected shall be subject to the control of said city council, men and may be made annually or semi-annually, as shall be. deemed expedient; but said tax shall always be collected in time to meet the semi-annual payment of interest on said bonds in New York.

§ 4. This act shall take effect on its passage. APPROVED June 14, 1852.

Mode of assess

ment.

force June 15, AN ACT to amend the charter of the Ottawa Northern Plank Road compa

ny; to authorize said company to borrow money and secure the payment thereof, and to increase the capital stock.

1852.

money.

Mortgage,

SECTION 1. Be it enacted by the people of the State of

Illinois, represented in the General Assembly, That the Power to borrow Ottawa Northern Plank Road company, organized under

an act entitled “An act for the construction of plank roads by a general law," approved February 12, 1849, and the amendments thereto, be and hereby is auihorized to borrow money for the purpose of constructing and operating said road; and to that end, said company is hereby authorized to mortgage said road, or any part thereof, and its revenues, by a deed of mortgage, executed by its president by

order of its board of directors. Said company are also auApplication of thorized to appropriate and set apart, by contract, cove

nant, or otherwise, for the purpose of providing for and effecting the payment of any such loan, the tolls of said road

or any part thereof. Increase of stock. § 2. Said company may increase its capital stock to

any amount not exceeding twenty-five thousand dollars.

This act to be in force from and after its passage. .
APPROVED June 15, 1852.

tolls.

Ina force June 15, AN ACT amendatory of and supplementary to an act entitled “ An act to

incorporate the town of Little Fort, Lake county, Illinois.”

1852.

44 to be 45.

SECTION 1. Be it enacted by the people of the State of

Illinois, represented in the General Assembly, That hereName to be used. after all deeds of conveyance or other instruments of writing,

wherein the name of the town is required to be used, the name of 6 Waukegan” shall be substituted for the name of 66 Little Fort.”

§ 2. That the figures ( 44,” in the second section of the above recited act, be read and construed to mean “ fortyfive,” and the name “Waukegan” added after the word 66 of,” at the end of said section 2.

§ 3. That the word “hogs" be inserted between the words 6 restrain” and “cattle, in section 12 of said act.

§ 4. That section 13 of said act be amended so as to Amendment to read as follows: “Upon the application of the owners of

two-thirds of the real estate upon any street or in any block
or blocks or half blocks, non-resident proprietors being
counted as applicants, it shall be lawful for the board of
trustees to pass an ordinance requiring the owners of lots
bounding upon such street, or situate in such block, blocks
or half blocks, to construct a side walk in front of their re- .

“Hogs" inserted.

section 13.

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