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Private proper- sufficient public utility to justify the taking of private property for the constructing and maintaining of the same.

§ 2. This act to be in force from and after its passage. APPROVED February 12, 1851.

In force Feb.12, AN ACT to enable certain ferries in Pike county to pay license tax in work on roads.

1851.

SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That the Payment of tax. proprietors of all ferries on the Mississippi river, licensed by the county of Pike, may discharge the annual tax assessed by said county for said license in work upon the road or roads leading to each of said ferries. Said work to be done under the direction of the commissioners of highways of the towns in which said roads are situated.

This act to take effect from and after its passage.
APPROVED Feb. 12, 1851.

In force Feb.12, 1851.

dit.

AN ACT for the relief of Michael Rickard.

SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That the Authority to au- board of supervisors of Hancock county be authorized and required to audit the account of Michael Rickard, school commissioner of Hancock county, for services in making report to the auditor of public accounts of all school lands in said county relinquished to the state, in pursuance to the act of the general assembly, approved February twentyty-fifth, in the year of our Lord one thousand eight hundred and forty-three, and allow the said Michael Rickard such. sum as may be deemed just and right, to be paid out of the county treasury of said county.

§ 2. This act shall be in force from and after its passage. APPROVED Feb. 12, 1851.

AN ACT to vacate a part of Grove street, in Peters' addition to the town of Pitts- In force Feb.12, field, and certain streets in Doyle and Palmer's addition.

1851.

SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That so much of Grove street, in Peters' addition of lots to the town Street vacated. of Pittsfield, in the county of Pike, as lies on the north side of Perry street, in said addition to said town, be and the same is hereby vacated, and hereby abolished and done away with, as if the same had never been located.

§ 2. That so much of North street as lies between Other streets vablocks one, two, three and four, and blocks seven, eight, cated. nine and ten; also, so much of an alley as lies between blocks one and two and nine and ten; and also so much of West and Liberty streets as lies north of Perry street, all in Doyle and Palmer's addition to the town of Pittsfield aforesaid, be and the same is hereby vacated and abolished. This act to take effect from and after its passage. APPROVED Feb. 12, 1851.

AN ACT concerning the Elgin and Genoa Plank Road.

In force Feb.12, 1851.

SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That the Elgin and Genoa Plank Road company, organized March Release. nineteenth, A. D. one thousand eight hundred and fifty, under the general plank road law, for the purpose of constructing a plank road from a point on the north line of Du Page county, about seven miles south-east of Elgin, via Elgin and Munn's store, in Burlington, to Genoa, be and are hereby released from the obligation of constructing that part of said road lying east of Elgin as aforesaid: Pro- Proviso. vided, that the directors, in full board, shall first pass an order making such relinquishment, which shall be certified by the president and secretary of the board of directors, and filed in the office of the secretary of state; and the same shall take effect from the time of filing said order.

county roads.

§ 2. Said company shall have a right to use the whole Use of state or width of any state or county road on the line of said plank road, for the purpose of constructing the same, by agreement with the county court; and all persons residing on the line of said plank road shall have the privilege of doing their highway work on said plank road, in commutation of toll for the use of the same.

§ 2. The said company may macadamise or gravel such Part of road portion or portions of said road as the directors thereof may be macaddeem suitable for such purpose, instead of planking, and

amized.

Proviso.

collect tolls thereon at two-thirds the rate they are allowed to collect on the plank road: Provided, they shall, at all times, keep such parts of the road in good condition and repair.

APPROVED Feb. 12, 1851.

In force Feb.12, 1851.

Corporation.

Proviso.

AN ACT to incorporate the Granville Academy.

SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That Ralph Ware, Jeremiah Strawn, Charles Williams, Theron D. Brewster, John P. Hayes, Thomas Ware, William A. Pennell, Joel W. Hopkins, Robert Moore, James Warnock, Andrew Wardlaw, Freeman Packenham, J. S. Bullock and Dixwell Lathrop, and their successors, be and they are hereby created a body politic and corporate, to be styled "The Trustees of the Granville Academy," and in that name to remain in perpetual succession, with power to sue and be sued, plead and be impleaded, to acquire, hold and convey property, real and personal, to have and use a common seal, to alter the same at pleasure, and to make and alter such by-laws as they may deem necessary for the government of said institution: Provided, such by-laws be not inconsistent with the constitution and laws of the Uni

ted States or of this state. For the present, the individuBoard trustees. als above named shall constitute the board of trustees, with power to fill the remaining vacancies at their discretion. The trustees, in order to have perpetual succession, shall have power, as often as a trustee shall be removed from office, die, resign or move out of the state, to appoint a resident of this state to fill the vacancy in the board. The number of trustees shall not exceed eighteen, nor be less than nine. One third of the trustees for the time being shall be a quorum to do business.

Vacancies.

Property.

Religious faith.

Location.

Right to acquire property.

§ 2. The trustees shall hold the property of said institution solely for the purpose of education, and not as stocks for the individual benefit of themselves or of any contributor to the endowment of the same; and no particular religious faith shall be required of those who shall become trustees or students of the institution.

§ 3. Said institution shall remain located on its present site, adjoining the plat of the town of Granville, in Putnam county, and the said trustees shall be competent in law and equity to take to themselves and their successors in office, in their said corporate name, any estate, real, personal or mixed, by the gift, grant, bargain and sale, conveyance, will, devise or bequest, of any person or persons

funds.

whomsoever, and the same estate, whether real or personal, to grant, bargain, sell, convey, demise, let, place out on Conveyances. interest, or otherwise dispose of, for the use of said institution, in such manner as shall seem to them most beneficial for the institution. Said trustees shall faithfully apply all funds collected, or the proceeds, according to their best Application of judgment, in erecting and completing suitable buildings, or in purchasing land for the necessary use of said corporation, and supporting the necessary officers, instructors, instructresses, assistants and servants, and procuring books, maps, philosophical and other apparatus necessary to the success of said institution: Provided, that in case any Proviso. donation, devise or bequest shall be made for any particular purpose, accordant with the design of this institution, and the corporation shall accept the same, every donation, devise or bequest so made shall be applied in conformity with the express conditions of the donor or devisor.

§ 4. The treasurer of this institution always, and all Bonds. other agents when required, before entering on the duty of their appointment, shall give bond for the security of the corporation, in such penal sums and with such securities as the board of trustees shall approve, and all process against Legal process. the corporation shall be by summons, and the service of the same shall be by leaving an attested copy thereof with the treasurer, at least thirty days before the return thereof. § 5. The trustees shall have power to employ and ap- Trustees. point a principal for said institution, and also such instructors and assistants as may be necessary, and shall have power to displace any or either of them, as they may deem the interest of the institution may require, to fill all vacancies which may occur by death, resignation or otherwise among said officers, and to prescribe and direct the course of study to be pursued in said institution.

Proviso.

§ 6. The lands within the bounds of this state, held in Limitation of perpetuity by this charter, shall not exceed one thousand real estate. acres held at any one time: Provided, if donations in land shall be made at any time to said corporation, which shall increase the quantity to more than one thousand acres, the same may be received and held in trust by said board of trustees, and shall be sold within five years from the date of such donation, for the benefit of said institution; in failure whereof the lands so given shall revert to the donor or grantor of the same, and the said trustees shall in no case lease or rent out any lands so held in trust as last aforesaid. § 7. This act shall take effect and be in force from and after its passage.

§ 8. The act incorporating Granville Academy, ap- Act repealed. proved January thirty-first, eighteen hundred and thirtyseven, is hereby repealed.

APPROVED Feb. 12, 1851.

In force Feb.12, AN ACT entitled an act to incorporate the Illinois and Wisconsin Railroad Company.

1851.

Corporators.

ration.

SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That Neill Donelly, Phineas H. Platt, Enos W. Smith, Henry Sherman, John McClure, Itherian Taylor, Josiah D. Wight, Lindsey Joslyn, Michael A. McCahill, George H. Bently, Joseph Goldin, William Sloam, Martin Small, and their associates, successors and assigns, be and they are hereby authorized and empowered to associate themselves together by the name and style of the "Illinois and Wisconsin Object of corpo- Railroad company," with all the rights, privileges and immunities that may be acquired by any railroad company under and by virtue of the provisions of an act entitled "An act to provide for a general system of railroad incorporations," approved Nov. 5th, 1849; and the said company, when organized under the provisions of said act, are hereby authorized to take private property, in the manner prescribed by said act, for the purpose of building and maintaining a railroad from the north line of the county of McHenry, in the state of Illinois, thence to the village of Woodstock in said McHenry county, thence to such point on the Chicago and Galena Union railroad as may be deemed practicable to form a junction with the above named Chicago and Galena Union Railroad company, in the counties of Cook, Kane and McHenry. And it is further provided, that the said Illinois and Wisconsin Railroad company may have power, and they are hereby authorized, to unite and form a junction with any other railroad company in the counties of Kane and Cook, on such conditions as the said Illinois and Wisconsin Railroad company may deem proper. And it is further provided, that the said Illinois and Wisconsin Railroad company are hereby authorized and empowered to unite or consolidate their road with any railroad company now incorporated, or that may hereafter be incorporated in the state of Wisconsin, and place the said road when consolidated under the control and supervision of a joint board of directors, upon such conditions, provisions and limitations as may be mutually agreed upon by said railroad comof panies.

Junctions.

Statement capital stock, &c.

§ 2. The said Illinois and Wisconsin railroad, when organized as aforesaid, shall make out a statement and forward it to the secretary of this state, at the end of each year, showing the amount of capital stock of said company, and the amount of indebtedness and resources of said company, taking the aggregate amount of expenditures, receipts and resources per mile of the whole distance of said road in this state, any thing in the twenty-eighth and twenty-ninth sections of the general railroad law of the state of Illinois, approved November fifth, one thousand eight hundred and forty-nine, to the contrary notwithstanding.

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