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An ACT supplemental to an act to amend an act, entitled "An act to regulate taverns and groceries."
In force, Feb./ .
18, 1841. Sec. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That all penalties incur- Penalties how red by a violation of the provisions of the act to which this is recovered.. a supplement, may be recovered by action of debt to be commenced by summons in the name of the people of the State of Illinois, for the use of the proper county, before any justice of the peace of the county in which such penalty may have accrued, upon complaint of any citizen of said county; and eyery justice of the peace before whom any such recovery may be had, shall report the same to the county commissioners' court of the county, at the next regular term thereof, and pay the amount thereof to the county treasurer, when collected for the use of said county; Provided, That appeals shall be proviso. allowed to the circuit court as in other cases of debt.
Approved, February 18, 1841.
. : An ACT in relation 10 Pedlars.
- In force, Feb.
27, 1841.. Sec. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That no merchant, auc- me
That no merchant, auc Merchants & tioneer, pedlar, or other person or persons, company or cor- others to proporation shall hereafter be permitted to vend, sell, or retail, cure license. either at public auction, or private sale, any goods, wares ors merchandize without having obtained a license for that purpose from the county commissioners' court of the proper county in which such goods, wares, or merchandize may be offered for sale, for which he or they at the granting thereof shall pay into the county treasury, for the use of such county suchi sum as may be assessed by said court, not less than five, nor more than one hundred dollars; which license, when pro cured, shall authorize the person or persons to whom the same may be granted to vend, sell, and retail goods in such Term of licounty for the term of one year from the time of granting cense. the same, or if a merchant, until the State and county tax shall be assessed by the proper authority of the State, according to the provisions of an act; entitled "An act concerning the public revenue," approved, February 26, 1839.
SEC. 2. If the county commissioners? court should not be clerk in session when the application is made for license as aforesaid, permi in vait shall be lawful for the clerk of said court to grant a written cation. permission to such applicant or applicants, to vend, sell, or retail goods, wares, and merchandize, as aforesaid until the end of the next term of said court, or the period mentioned in the first section of this act. If the said court shall at the next term after the granting of such permit, upon examination, approve the same; Provided, Such applicant or applicants Proviso. shall pay into the county treasury for the use aforesaid, such
sum as said clerk, in his discretion, may direct according to
the provisions of this act. for m o re Com is to as- Sec. 3. When a permission shall be granted by the clerk sess amount. in vacation as aforesaid, it shall be the duty of the county
commissioners' court, at their next term thereafter, to examine such perniit, and to proceed forthwith to assess the amount to be paid for license to be paid in such case as in the case of original applications.
Sec. 4. If any person or persons, company or corporation, Penalty.
shall directly keep a store, or sell, or vend, or retail any goods, wares, or merchandize (except regular merchants who pay a tax to the county and State upon their goods, according to the provisions of an act, entitled “An act concerning the public revenue,” approved, February twenty-six, one thousand eight hundred and thirty-nine,) without being duly authorized by license or permit as aforesaid, such person or persons, company or corporation so offending shall forfeit and pay any sum, not exceeding one hundred, nor less than ten dollars, to be recovered by action of debt, in the name of the people of the State of Illinois, for the use of the proper county, before any court of record having jurisdiction of the same, or before any justice of the peace, or probate justice of the peace, who are hereby vested with jurisdiction in all cases under the provisions of this act, subject to appeal to the circuit court as in
other cases. Persons not SEC. 5. This act shall not be construed to extend to the subject to this sale of goods, wares, and merchandize by persons who are
not merchants, auctioneers, grocers, grocery keepers or pedlars, or to merchants who pay an annual tax upon merchandize assessed according to the present revenue law as before
mentioned. Ve Domestic SEC. 6. That this act shall not be construed to extend to manufactures excepted.
persons who manufacture and sell their own commodities withP
in this State. That all laws and parts of laws coming within Acts repealed the provisions of this act, be and the same are hereby repealed.
DET FOR D E T Approved, February 27, 1841.
An ACT to regulate F reign Insurance Company Agencies established In force, May
in ibe State of Illinois. 1, 1841.
Sec. 1. Be it enacted by the People of the State of Illinois,
h. represented in the General Assembly, That each agent of any tain license. foreign insurance company shall, before he shall commence
the business of insurance on any property whatsoever on accoint of said foreign insurance company, obtain a license for
that purpose from the treasurer of the State of Illinois. Amount paid SEC. 2. That there shall be collected by the said treasurer for license. on each license granted as aforesaid, the sum of two hundred
dollars annually, one hundred dollars of which shall be paid to the treasurer, on the granting said license, and one hundred
dollars to be paid semi-annually thereafter, so long as said agent or agents may desire to continue the business of insuring as aforesaid. If any person or persons shall transact the business of insuring property on account of any foreign in- Penalty. surance company without a license, such person or persons for each and every such offence, shall forfeit and pay for the use of the State of Illinois, the sum of five hundred dollars.
Sec. 3. All sums of money due to the State of Illinois for Money, how any license granted as aforesaid, and all penalties, fines, and recovered. forfeitures arising for any violation of this act, shall be recovered in any action of debt in the name of the treasurer for the use of the people of the State of Illinois, in any court having jurisdiction thereof.
Sec. 4. That all moneys collected by virtue of this act, Money paid shall be paid into the State treasury for the use of the people ints State of the State, and all chartered insurance companies not char- Treat tered by the General Assembly of the State of Illinois, sball be deemed to be foreign insurance companies within the meaning of this act.
Sec. 5. That each agent procuring a license as aforesaid, Duty of agent. shall file in the treasurer's office a true copy of the power of attorney, by virtue of which he is authorized to effect insurance in this State. Said agent shall also file with said treasurer a bond made by said agent with good sureties, in the penal sum of one thousand dollars taken to the Governor and his successors in office, conditioned that said agent will well and truly pay the semi-annual payments required by the license granted by the provisions of this act, which bond shall be renewed every two years. .
SEC. 6. This act to take effect from and after the first day of May next. :
Approved, February 27, 1841.
An ACT to enable purchasers of real estate to ascertain whether the sime
is free from incumbrances, and to prevent secret liens of attachments cni, executions.
*. In force, Feb.
26, 1841. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That hereafter when a writ of attachment or a writ of execution is issued from the cir. Duty of othcuit court of one county, to any sheriff or other officer of another county, and levied upon any real estate in such county, it shall be the duty of the officer making such levy, to make a certificate thereof, and file the same in the recorder's office of the county where such real estate is situated, and until the filing of such certificate, such levy shall not take effect as to creditors or bona fide purchasers without notice.
Sec. 2. That when a writ of attachment is levied upon Certificate . any real estate, in any case, it shall be the duty of the officer hled. making the levy, to file a certificate of such fact with the recorder of the county where such land is situated, and 'froni
and after the filing of the same, such levy shall take effect as to creditors and bona fide purchasers without notice and not
before. Duty of recor Sec. 3. It shall be the duty of the recorder of the proper der.
county, to file and record the certificates mentioned in the foregoing sections, in a book to be kept for that purpose, for which he shall be entitled to receive the same fees as for recording other papers, to be paid by the plaintiff, in such execution or attachment, and be taxed and collected by the sheriff, as other costs.
SEC. 4. The certificate mentioned in this act may be in substance in the following form:
STATE OF ILLINOIS, Form of cer
. County. S se tificate.
I do hereby certify that by virtue of a certain writ of to me directed, from the circuit court of county, in favor of , against
, dated 184 I did on this
181 levy upon the following real estate (here describe it.)
A. B., sheriff of county, (or coroner as the case may be.) Approved, February 26, 1841.
To force For An ACT to incorporate the Union Manufacturing Company. 841. Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That Allen Boomer, Persons .con. Marcus White, C. H. Avery and Ă. E. Ames, their successtituted body politic.
uy sors and assigns, be, and they are hereby constituted a body
corporate and politic, by the name of the Union ManufactuName & style. ring Company," and that all the rights and privileges that are
conferred on the Union Steam Mill Company by an act entiPowers and led “An act to establish a company for manufacturing," apprivileges proved, second of March, one thousand eight hundred and
ibirty-nine, are hereby conferred on the said nion manufacProviso
turing company: Provided, That the private property of every one of the stockholders shall be liable for all the debts incurred by said corporation.
Approved, February 3, 1841.
An ACT to incorporate the Schuyler City Manufacturing Company. In force Feb. 17, 1841. Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That Benjamin V. Teel, and Frederick Teel, of Schuyler county, their associates and
successors in office, be, and they are hereby constituted a Name & style body politic and corporate by the name of the Schuyler City
Manufacturing Company," and by that name they and their successors shall be capable in law and equity of contracting and being contracted with, suing and being sued, pleading
and being impleaded, answering and being answered, and of defending and being defended in all courts whatsoever, and may have a common seal, which they may alter or change at pleasure.
Sec. 2. The said company in their corporate name may Corporate manufacture iron and other metals, also grain and lumber, powers. and may raise and export coal, and do and perform any thing not inconsistent with the laws of this State and of the United States, and which are necessary to effect the above specified purposes.
Sec. 3. The capital stock of said company shall be fifty Capital Stock thousand dollars, to be divided into shares of one hundred dollars each.
Sec. 4. The persons named in the first section of this act Subscription shall be, and act as commissioners for the purposes hereinaf- to stock. ter expressed. Said commissioners shall, as soon as they shall deem it expedient, fix upon some time and place for securing subscribers for stock, and give public notice thereof in some public newspaper in this State; they shall provide and open books at such time and place for the subscription of said stock, and so soon as the whole of the stock shall be subscribed for, they shall fix upon some time and place for convening said stockholders, and give each stockliolder a writ-,
Election of diten notice thereof, specifying the object for convening the me same, which shall be the election of a board of directors, and the said stockholders, or a majority of them, shall on being convened in pursuance of such notice, shall proceed to elect from their numbers, one as president, and six others as direc- President tors of said company, who shall be styled and shall constitute the board of directors of said company.
Sec. 5. In the election of said board of directors each fach share share shall have one vote, and absent stockholders may vote one vote. by proxy; 'and the said board when so elected shall continue in office until their successors shall have been elected and Term of office. qualified.
Sec. 6. There shall be an election for a board of directors Annual elec. held annually, according to the mode prescribed in the by-tion. laws of said company.
SEC. 7. The board of directors shall have power to make, Powers of diordain and establish any and all rules, by-laws and regula- rectors. tions, which shall not be in violation of the Constitution and laws of the State, and which may be necessary to prosecute, successfully the objects of said company.
Sec. 8. Said company may purchase and hold as much May hold as one section of land and no more for the use of said compa-,ands, y ny: Provided, however, That said company may secure any Proviso sum or sums of indebtedness to said company by mortgage on real estate: Provided, further, That any real estate which Further prosaid company may acquire by virtue of any mortgage, shall viso. be sold within five years after it shall have been so acquired, or the same shall have become forfeited to the State.