Right of repeal.

Materials, &c.,

execution.

and become invested with all the powers, rights, privileges and immunities exercised and enjoyed by the said Chicago Hydraulic company, under their charter, and shall continue to supply water to the citizens of Chicago under the same, and collect the money and rents due therefor, in all respects as fully and effectually as the said Chicago Hydraulic company can or may do, until the said commissioners, acting under the provisions of this act, shall have completed their arrangements, machinery, engines, pipes, buildings and other things provided for in this act, for the purpose of supplying the said city with pure and wholesome water; after which time the said Chicago Hydraulic company and their said charter shall become extinct and null: Provided, always, that if the said commissioners cannot agree with the said Chicago Hydraulic company as to what sum shall be paid the said Chicago Hydraulic company for their property, rights and privileges, then the said company shall have the right to establish, by satisfactory proof, the actual cost of their said property, before the judge of the circuit. court of Cook county, upon petition to him, in term time or vacation, and no greater sum shall be paid for the same than the said judge shall decide the actual cost to have been. § 20. This act may at any time be altered, repealed or amended.

§ 21. All materials procured or partially procured unexempt from der a contract with the commissioners, shall be exempt from execution, but it shall be the duty of the commissioners to pay the money due for such materials to the judgment creditor of the contractor under whose execution such materials might otherwise have been sold, upon his producing to them due proof that his execution would have so attached, and such payment shall be held a valid payment on the

Commissioners

terested in con

tracts.

contract.

§ 22. No one or more of the said commissioners shall not to be in- be interested, either directly or indirectly, in any contract entered into by them with any other person, nor shall they be interested, either directly or indirectly, in the purchase of any material to be used or applied in and about the uses and purposes contemplated by this act.

Removal of

§ 23. The said commissioners, or either of them, may commissioners. be removed from office by the judge of the circuit court of Cook county, upon petition presented to him, in term time or in vacation, by the common council of the city of Chicago, if it shall appear, after hearing and proof before said judge, that the said commissioners, or either of them, have been guilty of misfeasance or malfeasance in office, or of any breach of duty, either of commission or omission, under this act, and if the said judge shall remove any two or more of said commissioners from office, for any cause, before the expiration of their term of office, he is hereby authorized

and empowered to appoint others in their stead, who shall fill such offices for and during the unexpired term of such commissioner so removed.

draulic works.

§ 24. The said commissioners shall adopt such places Location of hyas in their opinion may be most advantageous for procuring such supply of water, and shall ascertain, as nearly as may be, what amount of money may be necessary to carry the same into effect. The said commissioners shall make a report of their proceedings, containing a full statement and description of the place adopted by them, an estimate of the expense thereof, together with an estimate of the probable amount of revenue to accrue to the city upon the completion of the work, with the reasons and calculations upon which their opinions may be founded, and all such other information connected with the object of their appointment as they may deem important.

§ 25. Such report shall be made and presented to the Report to comcommon council by the said commissioners, together with mon council. all such conditional contracts as may have been made by them by virtue of this act, on or before the first day of January which will be in the year of our Lord one thousand eight hundred and fifty-two.

26. The said commissioners are hereby authorized to Right of way. enter upon any land or water for the purpose of making surveys, and to agree with the owner of any property which may be required for the purposes of this act as to the amount of compensation to be paid to such owner.

determined.

§ 27. In cases of disagreement between the commis- Damages, how sioners and the owners of any property which be may required for the said purposes, or affected by any operation connected therewith, as to the amount of compensation to be paid to such owner; or in case any such owner shall be an infant, a married woman, or insane, or absent from this state, the judge of the circuit court of Cook county may, upon the application of either party, nominate and appoint three indifferent persons to examine such property, and to estimate the value thereof, or damage sustained thereby, and to report thereon to the said court, without delay.

§ 28. Whenever such report shall have been confirmed by the said circuit judge of Cook county, the said commis- Payment of sioners shall, within two months thereafter, pay to the said damages. owner, or to such person or persons as the court may direct, the sum mentioned in said report, in full compensation for the property so required, or for the damage sustained, as the case may be, and thereupon the said commissioners shall become seized in fee of such property so required, and shall be discharged from all claim by reason of any such damage.

§ 29. If any person shall wilfully do or cause to be Penalty. done any act whereby any work, materials or property

Contracts to be in writing.

Sealed proposals.

No person

whatsoever, erected or used within the city of Chicago or elsewhere by the said commissioners, or by any person acting under their authority, for the purpose of procuring or keeping a supply of water, shall in any manner be injured, or shall wilfully pollute the water, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished therefor as other misdemeanors are punished.

§ 30. All contracts for materials or for the construction of the work shall be made in writing, and of each contract two copies shall be taken, which shall be numbered and indorsed with the date of the contract and with the name of the contractor, and a summary of the work to be done or materials to be furnished; one copy of which shall be retained by said commissioners and the other copy of which shall be filed with and kept and preserved by the clerk of the common council among the files of said office.

§ 31. Public notice shall be given of the time and place at which sealed proposals will be received for entering into contracts. All sealed proposals for contracts shall be for a sum certain, as to the price to be paid or received, and no proposition which is not thus definite and certain, or which contains any alternative condition or limitation as to price, shall be received or acted on.

to § 32. No more than one proposition shall be received submit more from any one person for the same contract, and all the propositions of the person offering more than one shall be received [rejected.]

than one pro

posal.

Security.

§ 33. Every person who shall enter into any contract for the supply of materials, or the performance of labor, shall give satisfactory security to the commissioners for the faithful performance of his contract, according to its terms. APPROVED February 15, 1851.

In force Februa- AN ACT to authorize Young Stokes and J. W. Taylor to keep a ferry across Rock ry 20, 1851.

river, at Cleveland.

SECTION 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That Young Ferry author- Stokes and J. W. Taylor, their heirs and assigns, shall have

ized.

the right and they are hereby authorized to establish and keep a ferry, for the term of ten years from the passage of this act, across Rock river, at Cleveland, in Henry county.

§ 2. The said Young Stokes and J. W. Taylor shall at all times keep good and sufficient boats, for the speedy passage and safe transportation of passengers, teams, horses, cattle and other animals, as well as goods and effects belonging to passengers; and shall furnish said boats with men

221

of sufficient strength and skill to manage them, and shall charge and receive such rates of ferriage as may be allow- Rates of fered them, annually, by the county courts of Henry and Rock riage. Island counties.

§ 3. The said Young Stokes and J. W. Taylor, their Exclusive privheirs and assigns, shall have the exclusive privilege of ferry- ilege. ing at said town of Cleveland across Rock river, and for one mile each way from the landing of their said ferry, unless the said Stokes and Taylor, their heirs or assigns, shall fail to comply with the provisions of this act, then and in that case all rights and privileges acquired herein shall be forfeited; and the power to modify, alter, or repeal this charter, whenever the public good may require, is reserved. Said ferry to be taxed annually in such sum as the county courts Taxes. of Henry and Rock Island counties may direct.

This act to take effect and be in force from and after the twentieth day of February, one thousand eight hundred and fifty-one.

APPROVED Feb. 15, 1851.

AN ACT to incorporate the Cairo Dock Company.

In force Februa

ry 15, 1851.

Style.

General powers.

SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That Daniel A. Webster, S. Staats Taylor, Henry C. Long, Charles Da- Corporation. vis, William M. Walker, Hamilton Brewer, Moores W. White, Daniel W. Conner, their associates, successors and assigns, be and they are hereby made a body corporate and politic, under the name and style of the "Cairo Dock company," and by that title shall be and are hereby made capable in law and equity to sue and be sued, plead and be impleaded, defend and be defended, in any court or place whatsoever; to make and use a common seal, and the same to alter and renew at pleasure, and by that name and style be capable in law of contracting and being contracted with, and purchasing, holding and conveying real and personal estate, for the purposes and uses of said corporation, as hereinafter limited; and shall be and are hereby vested with all the powers, privileges and immunities which are or may be necessary to carry into effect the purposes and objects of this act, as hereinafter set forth. The said estate owned

by said company shall never exceed one half section of land, Real estate. in all, for the purpose of erecting the necessary buildings and maintaining docks, locks, dams, basins, dry-docks, foundries, and ordinary work shops, at or near Cairo, in Alexander county, and for the purpose of using the waters of

Proviso.

Cash river, for the basin, locks and docks. The said company may lay off and construct a race-way or canal, to unite at such point on said river as the company may deem most eligible and proper, and may erect a dam across said Cash river for securing the object aforesaid: Provided, that so far as the said Cash river is rendered navigable by any dams said company may construct on said river, the same shall be open, as now, for the use of all persons: Provided, Further proviso. further, that the said company shall be holden to pay all damages that may arise to any person or corporation by taking their land for said canal, when it cannot be obtained by voluntary agreement, to be estimated and recovered in the manner provided by law for the recovery of damages happening by laying out highways.

Capital stock.

Directors.

§ 2. The capital stock of said company shall never exceed three thousand shares, and no greater assessment shall be laid upon any shares in said company of a larger amount than one hundred dollars each share; and the immediate government and direction of the affairs of said company shall be vested in a board of not less than five directors, who shall be chosen by the members of the corporation, in manner hereinafter provided, and shall hold their office until others shall be duly elected and qualified to take their places as directors; and the said directors, a majority of whom shall form a quorum for the transaction of business, shall elect one of their number to be president of the board, who shall also be president of the company, and may also elect in the same manner a vice president of the company, and have authority to choose a secretary, who shall be sworn to the faithful discharge of his duties, and a treasurSecret'y to give er, who shall give bond to the corporation, with securities to the satisfaction of the directors, in a sum not less than twenty thousand dollars, for the faithful discharge of his trust, and appoint such other officers and agents as to them may seem necessary.

Quorum.

Officers.

bond.

tors.

3. The directors for the time being are hereby auPower of direo-thorized and empowered, by themselves or their agents, to exercise all powers herein granted to the company, and all such other powers and authority for the management of the affairs of the company, not heretofore granted, as may be proper and necessary to carry into effect the objects of this act, and to create and dispose of the shares representing the capital stock of the company, at such time, and in such manner, and for such purpose as they may deem expedient and necessary: Provided, however, that nothing shall be so constituted as to invest said company with banking powers, or to authorize them to make, emit or utter any bank note or other thing to be used as a circulating medium, or as in lieu of money.

Proviso.