same shall be transferred to the purchaser, and such delinquent subscriber shall be held accountable to the company for the balance of his share or shares shall sell for less than the assessments due thereon, with interest and costs of sale, and he shall be entitled to the overplus, if his share or shares shall sell for more than the assessments, with interest and costs of sale.

§ 6. Said company are authorized, as soon as the board Toll-gates. of directors are elected, to commence the construction of said plank road; and as soon as any three miles of said road shall be completed they may erect toll-gates thereon and collect the toll allowed by this act. Said company shall Tolls. keep said road in repair, and shall have power to construct bridges and causeways over sloughs, ponds and streams Repairs. any where on the route of said road, when the same shall be necessary; and said company shall have power to borrow money, not exceeding fifty thousand dollars, to aid in constructing said road.

§ 7. Said company shall have power to fix and regu- Regulation of late the tolls to be charged and paid for passing on said tolls. road: Provided, said tolls shall not exceed the following Proviso. rates: for every vehicle drawn by one animal, three cents per mile; for every vehicle drawn by two animals, four cents per mile, and one half cent additional for each mile for every animal more than two; for every ten head of neat cattle, one and a half cents per mile; and for every ten head of sheep or swine, one and a half cents per mile; and for every horse and rider or led horse, one and a half cents per mile. And it shall be lawful for any toll gatherer to stop and detain any person going over 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 five dollars, to be collected by said company, by action of debt, before any justice of the peace of the proper county.

§ 8. The said corporation shall be allowed two years from the passage of this act to commence the construction of said road, and shall complete the same within two years from the commencement thereof; and upon a failure to do so, this charter shall be forfeited.

The said company is hereby authorized to locate Right of way. and construct said plank road over any lands owned by this state, or by individuals on the route of said road. Such company shall pay all damages that may arise or accrue to any person or persons by means of taking their lands, timber, rock, stone or gravel, for the use of said road; and when the same cannot be obtained by consent of the owner Damages. or owners upon reasonable terms, it shall be estimated and

recovered in the manner provided by law for the recovery
of damages happening by the laying out of highways.
This act to take effect from and after its
APPROVED Feb. 17, 1851.

passage.

In force February 17, 1851.

Corporation.

Style.

Location.

Powers.

Stock.

Limitation.

tees.

AN ACT to incorporate the Naperville Academy.

SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That Hope Brown, Henry L. Peaslee, Salinus M. Skinner, John Collins, and Aylmer Keith, and their associates, be and they are hereby created a body politic and corporate, by the name and style of "Naperville Academy," and by that name and style to have perpetual succession. The said institution to be located in the town of Naperville, Du Page county, and state of Illinois.

§ 2. The corporation hereby created shall have power to contract, to sue and be sued, to plead and be impleaded, to grant and receive by their corporate name, to accept of donations, acquire by purchase, or to sell property, real, personal or mixed, in all lawful ways and means; to use, manage, employ and dispose of all such property or money belonging to said ccrporation as to them shall seem meet for the promotion of the objects and interests of said corporation; to have a common seal, to alter and change the same at pleasure; to make and establish all such by-laws and regulations for the management of said institution as may be necessary and proper, and not inconsistent with the constitution and laws of this state or of the United States; and to confer on such persons as may be worthy such academical or honorary degrees as are usually conferred by similar institutions in like cases.

§ 3. The stock of said company shall consist of shares of ten dollars each, to be subscribed for in the manner that the trustees shall direct, and which shall be deemed personal property, and shall be transferable on the books of said corporation in such manner as the board of trustees may prescribe. The capital stock shall not exceed the sum of twenty thousand dollars.

§ 4. On the second Monday of April, eighteen hundred Election of trus- and fifty-one, there shall be elected by the stockholders, or such of them as may be present, nine trustees, to manage the affairs of the corporation. Three of said trustees shall be elected for one year, three for two years, and three for three years; and on the second Monday of April in each and every year thereafter there shall be elected as afore

said three trustees to fill the vacancy of those whose terms shall expire. Notice of said elections shall be given for ten days, either by publishing the same in a newspaper published in the town where the academy is located or by posting up notices in three public places in said town.

tees.

§ 5. The trustees of said corporation shall have authori- Power of trusty to prescribe and regulate the course of studies to be pursued in said academy; to fix the rate of tuition and other academical expenses; to appoint instructors and such other officers and agents as may be necessary in managing the concerns of the institution, to define their duties, to fix their compensation, to displace or remove them; to erect necessary buildings; to purchase books, chemical and philosophical apparatus and other suitable means of instruction; to make rules for the general regulation of the conduct of the students; to suspend or expel any students whose habits are idle or vicious, or whose moral character is bad, or who refuses to obey the rules of the academy.

§ 6. The board of trustees, at their first meeting after Officers. each election, shall choose one of their number as president, and another as secretary of the board, and some person as treasurer. Said board of trustees may meet for the transaction of business as often as the president shall direct, or on request of any three of said trustees, any five of whom shall constitute a quorum for the transaction of business. The treasurer of the institution shall always, and all other agents when required, before entering upon the duties of their appointments, give bonds for the security of the cor- Bonds. poration, upon such conditions and in such penal sum and with such securities as the board of trustees shall approve. The secretary shall keep a record of the proceedings of all meetings of the stockholders and directors, and cause the notices of the annual elections to be given as required in

section four.

not to exclude

§ 7. The said institution shall be open to all religious de- Religious faith nominations, and the profession of no particular religious teachers or pufaith shall be required, either of officers or pupils.

pils.

§ 8. There shall be attached to said academy a prima- Primary dery department, in which shall be taught all the branches partment.. which are usually taught in common schools, in this state; and said department may become and thereafter constitute the common school of the district in which said academy may be located, in manner as hereinafter provided.

§ 9. It shall be the duty of the school directors of the Tax. district in which said academy is situated to give at least ten days' previous notice, by posting up written notices in at Notice. least three of the most public places in said district, that on the third Saturday in April, Anno Domini eighteen hundred and fifty-one, there will be a meeting held at (naming the place within the district,) for the purpose of voting for or

against a tax to be levied on the taxable property of the district, of any sum not exceeding five hundred dollars in each succeeding two years, to be applied towards erecting and furnishing the building to be erected by this corporation; at which meeting the said directors shall be judges, and shall appoint a clerk from among the legal voters present; and if a majority of the legal voters who may be present at such meeting shall vote in favor of such tax then said primary department shall be and constitute the common school of said district, and the trustees of said academy shall thenceforth constitute the school directors of said district, and shall exercise all the powers and discharge all the duties which now are or which may hereafter be conferred by law upon school directors in this state; shall receive from the school commissioner of the county or the school treasurer of the township the same proportion of money, and apply the same to the support of said primary department in the same manner as other common schools are paid and kept: Provided, that the teachers or instructors of the said department shall be selected by the trustees, and be under the control Further proviso. of the by-laws of said corporation: And provided, further, that if at any time said district shall be divided, or said academy shall be set off into any other district, then said departinent shall constitute the common school of the district in which said academy shall be located for the time being.

Proviso.

Acts of trustees.

Part of act suspended.

§ 10. The above named persons shall be deemed trustees until others are elected, and they are hereby empowered to appoint all necessary agents and officers whose offices shall expire with their own; and all bargains and contracts made by them and all subscriptions obtained to the stock of said corporation, together with all other acts done by them as such trustees, are hereby confirmed and made as binding on all the parties interested as if such bargain, contract, subscription and other acts had been made after the passage of this act.

§ 11. That so much of the act entitled "An act to establish and maintain common schools," in force April thirteenth, A. D. eighteen hundred and forty-nine, as conflicts with this act, so far as relates to the school district in which said academy is or may be located, is hereby suspended. And the legislature hereby reserves to itself the right Right to repeal. to alter, amend or repeal so much of this act as relates to said common school, whenever a majority of the legal voters of said district shall petition for such alteration, amendment or repeal.

§ 12. This act to be in force from and after its passage. APPROVED February 17, 1851.

AN ACT to amend the charter of the town of Mount Carmel, in Wabash county. In force, when approved by the legal vo

mel.

SECTION 1. Be it enacted by the people of the State of ters of Mt. CarIllinois, represented in the General Assembly, That the trustees of the town of Mount Carmel, and their succes- Powers. sors, or a majority of them, shall have full power and authority to ordain and establish such rules and regulations for their government and direction, and for the transaction of the business and concerns of the corporation, as they may deem expedient, and to ordain and establish and put into execution such by-laws, regulations and ordinances as shall seem necessary for the government of said corporation, and for the management, control, disposition and application of its corporate property, and generally to do and execute all and singular such acts, matters and things which to them may seem necessary to do, and not contrary to the laws and constitution of this state.

Application.

§ 2. That the said trustees shall have power to levy and Annual tax. collect an annual tax, not exceeding one per cent., on all lots and improvements and personal property lying and being within the incorporated limits of said town, according to a valuation of its actual worth; to tax public shows and houses of public entertainment, taverns, stores, groceries, and all pedlers, whether selling their commodities by private sale or public auction, for the purpose of making and improving the public streets, lanes, alleys, causeways, side walks or foot paths and drains, and for keeping them in good condition and repair, and for the purpose of erecting such buildings and other works of public utility as the interests and convenience of the inhabitants of said town may require and the circumstances render proper and expedient; and said trustees, and their successors, may adopt such means and modes for the assessment and collection of taxes as they may from time to time fix upon and determine; and they shall prescribe the manner of selling property, when the tax levied upon it is not paid: Provided, no sale Proviso.. of any town lots or other real estate shall be made until public notice of the time and place shall be given, by advertisement in some newspaper published in or nearest to said town and at four of the most public places in said town,

Assessment and collection.

at least twenty days previous thereto: Provided, that in Further proviso. conducting such sale the provisions of the act concerning public revenue, so far as may be applicable, shall be complied with.

tees.

[§ 3.] The trustees of said town, or a majority of them, Power of trusshall have full power and authority to preserve good order and harmony in said town; to punish for open indecency, breaches of the peace, gambling, gaming houses, horse racing, shooting, and all disorderly houses and riotous meetings; to remove all obstructions in the streets, public ways