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DOUGLAS MONUMENT ASSOCIATION.
$ 8. And be it further enacted, That whenever it shall be required of said company to certify to the publication of any advertisement published by them, a certificate, signed by the president and secretary of said company, shall be deemed and taken as a certificate of the publishers of said advertisement.
This act shall take effect and be in force from and after its passage.
APPROVED February 16, 1863.
In force February
Board of trustees.
AN ACT to incorporate the Douglas Monument Association. 11, 1863.
SECTION 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That William Names of corpo. A. Richardson, Francis C. Sherman, William B. Ogden,
John B. Turner, James Duggan, Samuel H. Treat, William C. Goudy, John D. Caton, Walter B. Scates, Thomas B. Bryan, William Barry, Samuel W. Fuller, Samuel S. Marshall, James C. Allen, John Dement, John M. Douglas, David A. Gage, and John S. Newhouse, and their successors, be and are hereby created a corporate body, under the name and style of “The Douglas Monument Association;" and by that name may sue and be sued; shall have a seal; and exercise all the powers necessary to carry out and effect the purposes of this act.
$ 2. "The said corporators shall constitute the first board of trustees of the Douglas Monument Association; and their division into three equal sections, (each section to retire alternately every five years,) heretofore made by the preliminary organization of said association, is hereby ratified and confirmed; and all vacancies in the board, made by such retirement, resignation, disability, death, or otherwise, shall be filled by the remaining members of said board.
$ 3. All persons contributing not less than the sum of one dollar to its objects, shall be considered members of the association, and be entitled to a diploma or certificate of membership.
§ 4. The said corporation is created for the purpose of erecting a suitable monument, in honor of the late Stephen A. Douglas, to be placed over or near his remains, at Cottage Grove, near the city of Chicago; and shall have power to select and decide upon a plan for said monument; to adopt plans for raising and collecting contributions in aid of its construction and completion; and to contract for the construction of the proposed monument.
§ 5. The said board of trustees may organize, by the election of a president, vice presidents, secretary, (who
Members of the association.
Erection of the monument,
Officers of board.
may be outside their body,) treasurer, and also an executive committee, together with such other officers or agents as they may deem proper; and they may make and establish such rules and regulations, relating to its meetings and organization, the duties of its officers and agents, and the transaction of its business, as, in their judgment, shall be thought best.
86. The said corporation shall have power to hold such Purchase of real real estate, whether acquired by purchase, gift, or devise, as may be necessary for the purpose of effecting the purposes hereinbefore mentioned, and also have power to take, receive, or hold, real estate, or personal effects, that may be granted, devised, bequeathed, or donated, to said corporation, and to sell and convey the same, for the purpose of aiding the erection and care of said monument, or improving the grounds belonging thereto.
$ 7. The board of trustees shall publish a full account of their proceedings, and of their receipts and expenditures, in behalf of said monument, duly certified, as often as once in each year, for the information of the members of the association and the public.
§ 8. The proceedings and organization of the Douglas Monument Association, had under articles of association, adopted on the 8th day of November, 1861, are hereby confirmed, and shall be treated with like effect as if made by the corporation now created by this act.
§ 9. This act shall take effect and be in force from and after its passage.
APPROVED February 11, 1863.
AN ACT to authorize the drainage of lands in the townships therein men- In force February tioned, and to construct roads therein.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, 'That Elisha Š. Wadsworth, Harley H. Hendee, Isaac H. Smith, Nahum Corporators. White, Joseph D. Fox, and their associates, successors, etc., be and they are hereby created a body corporate and politic, by the name and style of the "Lake County Drainage Name and style. Commissioners;” and by such name shall have succession, contract and be contracted with, sue and be sued, plead and be impleaded, without a common seal, in all courts of law and equity in this state, and be fully invested with all the powers which may be needful to carry into effect all the purposes and objects of this act.
§ 2. The said corporation is hereby authorized and em- powers of corpopowered to survey, locate, construct, complete and alter ration.
May take land.
ditches, embankments, culverts, bridges and roads, and to maintain and keep in repair any such ditches, embankments, culverts and bridges, over, through and across any lands lying in townships 44 and 45 north, range ten, (10,) east, and township 45 north, range nine (9) east, in Lake county, and over, under and across any public road, railroad or plankroad, which now is, or may hereafter be laid out or constructed, in said townships; and, for such purpose, shall have right of way upon and may appropriate to the purposes and uses contemplated herein, all the lands, stone, timber and materials, of every kind, for the location, construction and alteration of the said ditches, embankments, culverts, bridges and roads, and for the maintenance and repair of any such ditches, culverts and embankments; and upon filing a plat of any such road, laid out by said' commissioners in the office of the c!erk of the Lake county court, certified by any three of said commissioners, appointed at any regular meeting, to lay out such road, the same shall become a public road, and subject to the laws in force in relation to public roads.
§ 3. When any such land, stone, timber or other material cannot be procured by cession, voluntary grant, or release of the owner or owners thereof, the same may be taken and paid for, if any damages are awarded, in manner following, to-wit: When any land, stone, timber or other materials shall be deemed by said commissioners to be necessary for the construction, maintenance or alteration of any such ditch, embankment, culvert, bridge or road, the said commissioners, or any three of them, appointed at any regular meeting of said commissioners, to lay out any such ditch, embankment or road, shall make an appraisal of damage sustained, less the benefit which such owner or owners shall derive from the construction of any such ditch, embankment, culvert, bridge or road. Said appraisal shall describe the land, stone, timber, or other material, with reasonable certainty, and shall be filed with the clerk of the township in which such land, stone, timber or other material
shall be situated. Appeal, by per- § 4. Any owner of land, considering himself aggrieved sons aggrieved.
by such appraisal, may appeal from such appraisal, within twenty days after such appraisal shall be filed as aforesaid, to the circuit court of said county, by filing a copy of said appraisal with the clerk of said court, and giving notice of such appeal to the secretary of said commissioners. Such appeal shall be entered upon the common law docket of said court, and the judge of said court, in term time or vacation, as he shall elect, shall hear the parties and such witnesses as may be produced, and affirm or modify, as shall, in his opinion, be just and equitable: Provided, that no appeal shall prevent said commissioners from proceeding to construct such ditches, embankments, culverts, bridges and
roads, after they shall have tendered to such party appealing the amount of damages so awarded, if any.
§ 5. The expense of constructing, altering and maintain- Assessment of exing any such ditches, embankments, culverts, bridges and roads, together with all costs incurred on account thereof, shall be assessed upon the lands benefited thereby; and the said commissioners, or any three of them, appointed at any regular meeting of said commissioners, hereinafter provided to be held, shall make an assessment, in writing, describing the lands assessed, and setting forth the amount assessed upon each tract, separately; which assessments, certified by the commissioners making the same, shall be delivered over for collection, to the county treasurer of Lake county, who is hereby authorized and required to collect the same: Provided, however, the said commissioners are authorized to collect, receive and appropriate all assessments made as provided herein, and voluntarily paid before delivering such assessment roll to the treasurer, anything herein contained to the contrary notwithstanding:
§ 6. The said assessment shall be a lien upon the lands Assessment to be upon which they are made, until paid; and in case of refusal or neglect on the part of the owner or owners of said land to pay such assessments, the same provision is hereby made for their collection as is now provided by law for the collection of State and county taxes.
§ 7. Said commissioners shall meet from time to time, Election of secreas they shall appoint by vote at any regular meeting; or on the application, in writing, of any three of said commissioners, it shall be the duty of the secretary to call a meeting of said commissioners, within two weeks from the time of such application, by notice of the time and place of such meeting, published for six days in some daily paper printed in said county of Lake. And said commissioners shall elect one of their number to be their secretary, whose duty it His duties. shall also be to keep records of all the proceedings of said commissioners, and files of all reports of surveys and assessments, and all other papers connected with or pertaining to the office of said commissioners; which records and files are hereby declared public records. And any number of said commissioners, together with their secretary, meeting together at the time and place of any regular meeting of said commissioners, shall constitute a quorum for the transaction Quorum. of all business And in case the said commissioners hereby appointed, shall be reduced to less than five in number, by death, removal from the county, or resignation, (which shall be tendered in writing to the secretary,) the judge of the circuit court of Lake county, shall appoint some suitable person or persons to fill any such vacancy, under five in number.
$ 8. Said commissioners shall have power to borrow money Power to borrow from time to time, for the purpose of carrying on and com
Compensation of commissioners.
pleting the work authorized to be done by this act, until assessments can be collected to pay the same. They shall also have power, and are hereby authorized to appropriate, from time to time, money sufficient to pay all expenses incurred by reason of any suit or proceeding against any of said commissioners for any act done by or under any order or pro
ceeding authorized by this act. Compensation of $ 9. The compensation of the treasurer, for the services
required of him in this proceeding, shall be the same as that to which he is now entitled for the collection of State and county taxes.
§ 10. The commissioners shall receive for their services, a compensation of one dollar and fifty cents per day, in which they may be employed upon said work; and they may employ a surveyor, to assist them in the location of any ditch, embankment, or road, at a rate not to exceed three dollars per day, together with the necessary assistants and laborers; all of which charges shall be deemed part of the
necessary expenses of said work. Commissioners to
$ 11. The said commissioners shall have power and auerect bridges. thority to erect and construct suitable bridges over said
ditches or embankments, at the crossing of highways, and at such other points as shall seem to them expedient or necessary; the expenses of which shall be assessed as a part of the costs of the aforesaid improvement, and shall be collected in the manner al ve stated.
§ 12. This act shall be deemed a public act and shall take effect and be in force from and after its passage.
APPROVED February 21, 1863.
In force June 18, AN ACT to amend an act entitled “An act to authorize the drainage of 1863.
lands and the construction of levees, embankments, and in Madison county, Illinois," approved Feb. 19, 1859.
Act of Feb. 19,
SECTION 1. Be it cnacted by the People of the State of Illinois represented in the General Assembly, That the elec
tion to be held under the provisions of section nine, (9,) of 1859, amended the act to which this is an amendment, shall be determined,
by a vote of a majority of the land holders voting at such election; and whenever any number of said land holders shall desire such vote to be taken, it shall be the duty of the American Bottom Levee Company to give at least thirty days' notice of the time and place of taking said vote, by publication thereof, in some newspaper printed in the said county of Madison, and also by posting up written or printed notices thereof in at least six of the most public places within the boundaries of the levee constructed by said company.