the securities theretofore deposited by such banker or association, for the redemption of the notes issued.

§ 37. Such association or individual, after having com- Notice. plied with the provisions of the preceding section of this act, may give notice, for three years, in a paper published at the seat of government, and also in at least one paper published in the county where the said association or bank shall have been located, that all circulating notes issued by such association or banker must be presented at the auditor's office, within three years from the date of such notice, or that the funds deposited for the redemption of the notes will be given up to the bank or association; and on receiving satisfactory proof of the giving such notice for the time aforesaid, the auditor shall surrender, to the order of said association or banker, any securities which he may hold for the payment of any unredeemed notes of the said association or banker; such notice to be published at least three weeks in each six months of each year.

§ 38. That any such association or banker, doing busi- Rate of interest. ness under the provisions of this act, shall not be authorized to take or receive exceeding seven per centum per annum as interest on any real or personal security; which interest may, in all cases, be received in advance; and in the computation of time thirty days shall be a month and twelve months a year.

due on Sunday,

Notes, bills, and all other evidences of indebtedness to Maturity of corporations or associations organized according to the pro- notes falling visions of this act, falling due or maturing on the Sabbath, &c. or on the Fourth of July, or on Christmas, or New Year's day, shall be deemed as due or as having matured on the day previous.

sponsibility.

The stockholders in every corporation or association organized under the provisions of this act, shall be individu- Individual really responsible to the amounts of their respective share or shares of stock for all of its indebtedness and liabilities of every kind, to the full intent provided for in the constitution of this state.

When the property, rights, credits, assets, and effects of Proceedings in any corporation or association put irto liquidation, under liquidation, when assets are the provisions of this act, shall have been exhausted in the exhausted. redemption of notes and payment of liabilities, and there shall remain unpaid any indebtedness or liability of any kind, any person having right or cause of action upon or on account of any such remaining indebtedness or liability, shall have remedy, in any court of record having jurisdiction, against the stockholders for the amount due upon such indebtedness or liability; and to enforce this remedy, any such person may institute and maintain any appropriate action or suit in equity against the corporation or association, and upon the trial of such action or the hearing of such suit, if

decrees.

judgment or decree is attained against the corporation or association, the court shall direct an issue or issues to be made in the cause, for the purpose of ascertaining and deciding upon the liability and extent thereof of each stockholder under and according to the provisions herein, and of the constitution; and upon the decision of such issue or issues, the court shall enter judgment or decree against each stockholder for the amount and to the extent of his, her or their liability so ascertained; upon which judgment executions may issue against the stockholders in succession, until the amount of the judgment against the corporation shall be paid or collected, or the liabilities of the stockholders extinguished; and payments or collections made upon judgments against stockholders, shall operate to extinguish the liability of such stockholders to the extent or amount of such payments or collection.

Judgments or decrees entered against stockholders, under Judgments and the provisions of this act, shall stand and remain as security for the payment of any judgment or decree which may thereafter be obtained against the corporation under the provisions hereof; and when any such subsequent judgment or decree shall be obtained, the court shall order execution or executions to issue against stockholders liable to pay the same, until the amount shall be paid or collected, or the liabilities of stockholders shall be extinguished.

Proceedings in

&c.

par

Whenever two or more judgments or decrees are obtained at the same term of the court in favor of different case of two or ties against any corporation, under the provision of the more judg'nts, three foregoing sections, the aggregate amount of which shall exceed the amount for which the stockholders are liable, the court shall direct the amount collected to be divided between the said parties pro rata, or in proportion to the several amounts, and the same apportionment shall be made of money collected on any such judgments when the whole amount thereof cannot be collected.

Satisfaction.

this act to the

Whenever any stockholders shall have paid the amount that he, she or they is or are liable, the court shall, on motion and proof of the facts of each payment, order satisfaction of the judgment, as against or in any respect to such stockholder, to be entered of record.

§ 39. At the general election to be held on the TuesSubmission of day next after the first Monday in November, one thousand people, time of eight hundred and fifty-one, at all the usual places of holding elections in this state, for the election of senators and representatives to the general assembly, the question whether or not this act shall go into effect, or in any manner be in force, shall be submitted to the people, and if the same is approved by a majority of all the votes cast at said election for and against the same, it shall go into effect and be in force from and after the date of said election; otherwise it shall not go into effect or in any manner be in force.

§ 40. Every person voting at said election shall have Manner of votthe right to use a ticket or ballot, with the words written ting.

66

or printed thereon, "For the general banking law," or 'Against the general banking law;" which words shall indicate the vote of the elector for or against the approval of this act; and upon canvassing and counting the votes, each clerk of the election shall carefully mark down the votes given upon said questions, in separate columns prepared for that purpose, headed "For the general banking law," "Against the general banking law;" and the judges or board of election shall, in the certificate required to be given of the result of said election, include the number of votes given for and against the general banking law as aforesaid.

§ 41. In making the abstracts of votes given at said elec- Return and cantion, as required by the election law, the clerks shall make vass of votes. separate abstracts of the votes given under the provisions of this act, which shall be on one sheet, a copy of which shall, without delay, be transmitted by mail or other safe conveyance to the office of the secretary of state, indorsed thereon by the clerk, "Abstract of votes for and against banking," or in words clearly indicating the contents of the paper; and the abstract so transmitted shall be opened and the votes canvassed in the time and manner, and by the officers provided for in relation to the election for representatives to congress; and if it should appear that a majority of the votes cast upon said question are for the general banking law as aforesaid, or if it shall appear that the majority of votes cast are against said law, the officers canvassing the votes, shall under their hands, make a certificate of the facts, stating the number of votes given for and against said law, and file the same in the office of secretary of state, to be by him recorded and filed with the enrolled act to which it refers; and the said certificate or a copy thereof, certified by the secretary of state or keeper of enrolled laws, under the seal of office, shall be conclusive evidence of the facts therein stated; and upon the making and filing thereof, the secretary of state shall cause the same to be published, three weeks in succession, in two newspapers published at the seat of government.

No corporation or association organized under the pro- Limitation of visions of this act, shall exist longer than twenty-five years. corporations.

The foregoing act having passed both houses of the general assembly, and having been laid before the governor, was by him, on the 15th day of February, A. D. 1851, returned to the house of representatives, in which it originated, with his objections thereto in writing, and on the same day, being reconsidered, passed the house of representatives and the senate, by a majority of all the members elected thereto respectively, and thereby became a law, the objections of the governor to the contrary notwithstanding.

In force Feb. 17, AN ACT to amend chapter ninety-three of the Revised Statutes, and to locate certain

1851.

ors may be

roads.

SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That counCounty survey- ty surveyors may act as road viewers in their respective road viewers. counties, without further qualification, and may administer the proper oath of office to other road viewers who may be associated with him or otherwise. Road viewers may assess damages incident to the laying out of roads, and report their assessment to the county courts of the counties in which such roads may be located.

Commissioners

Knoxville.

§ 2. That Jesse McCutchin and David Brewer, of Fulto locate road ton county, and Solar Blakesly and S. B. Anderson, of from Canton to Knox county, are hereby appointed commissioners to view and locate a state road commencing at the town of Canton, in Fulton county, running thence, upon the most direct route and feasible one, to the town of Knoxville, in Knox county; and in all cases to locate the same upon the route of any (now) established road, whether county or state road, or such parts of any such road when the same can be so done consistently with the route.

§ 3. That Thomas Standard, Josiah Moore and Anson Road from Can-Smith, of Fulton county, be and they are appointed comton to Ellis-missioners to view and locate a state road commencing at

ville.

gonquin to

residence.

the town of Canton, in Fulton county; thence, upon the most direct and feasible route, to the town of Ellisville in Fulton county, and so far as consistent to locate the same upon the most established road along said route.

§ 4. That Justice Bangs, Josiah S. Flink and Willard Road from Al- Cook be and they are hereby appointed commissioners to John Gage's lay out, mark and locate a state road from Algonquin, in McHenry county, by the way of the village of Wauconda, in Lake county, and running, in a northerly and easterly direction, to some point as near the toll-gate at John Gage's residence, in Lake county, as the viewers may deem proper. Two or all of said commissioners shall meet, within six months from the passage of this act, at the village of Wauconda, in Lake county, and proceed to perform the duties of this act.

out and return

§ 5. Said commissioners shall return a plat, with the Plat to be made courses and distances thereof, to the board of supervisors of each county through which said road shall pass, giving an entire view of the location of the whole road; which shall be filed and recorded.

ed.

§ 6. The compensation allowed shall be as follows: to Compensation. each commissioner, one dollar and fifty cents per day; to the surveyor, two dollars per day; to chainmen, axemen, and other hands, one dollar per day, exclusive of incidental expenses for provisions, forage and hire of teams. They

shall keep an accurate account of the time employed and expenses incurred, the persons to whom due, and certify the same to the board of supervisors or county court; the whole being added, each county shall allow and pay the amount due in proportion to the distance or length of such road in each county.

county court.

§ 7. It shall be the duty of each and every board of Duty of board of supervisors or county court through whose county said road supervisors, or may pass, to cause the same to be opened, worked and kept in good repair as other state roads. The said commissioners, before they enter upon their duties, shall be bound to locate the said road according to the best of their abilities, and without fear, favor or partiality.

§ 8. That as much of the act entitled "An act declaring a certain road therein named a state road," in Fulton county, approved February sixteenth, one thousand eight hundred and forty-seven, as provides that "it shall not be lawful for any person, persons or corporation to erect any toll-gate, demand or receive any toll or tax from any passengers or travelers upon said road," be and the same is hereby repealed.

Part of act relainto road in repealed.

Fulton county

Copperas creek.

sioners.

§ 9. That Daniel Grovendyke, David W. Barnes and Road from CanHenry S. Hyatt be and they are appointed commissioners ton to mouth of to view, lay out and locate a state road commencing at any convenient point in the town of Canton, in Fulton county, running from thence and upon the most direct and practicable route, by way of Monterey and Utica, to or near the mouth of Copperas creek on the Illinois river. Said commis- Duty of commissioners shall lay out such road four rods wide, and over or upon the track of any such road or street now used and considered as a public highway, or such parts thereof as can be reasonably used for that purpose, as the said commissioners, or a majority of them, shall in their judgment determine. When such road is laid out and located, a survey and plat thereof shall be filed in the office of the clerk of the county court. The county court or board of supervisors (as the case may be) shall cause the same to be opened and worked as other state or public roads. The Road not subject to alterasaid road shall not be subject to vacation, or alteration in tion for fifty any manner, on any pretence,for the term of fifty years.

years.

ana line.

10. That Matthew W. Busey, of the county of Cham- Road from Urpaign; Asa Duncan and Hiram Hickman, of the county of bana to IndiVermilion, be and they are hereby appointed commissioners to view, mark and lay out a road from Urbana, in Champaiga county, via Myer's mill, in Vermilion county; thence east, to a point on the state line in said last mentioned county, to intersect a road leading to the town of Williamsport, Indiana.

§ 11. The said commissioners shall meet at Urbana, Duty of comin Champaign county, on the third Monday in May next,

missioners.