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In force Feb. 16, 1865.

AN ACT to amend the law for the consolidation of railroads.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That it shall Railroads in and not be lawful for any railroad company of Illinois, or for to be consolida the directors of any railroad company of Illinois, to consolited without con- date their road with any railroad out of the state of Illinois,

out of state not

sent.

Proviso.

or to lease their road to any railroad company out of the state of Illinois, or to lease any railroad out of the state of Illinois without having first obtained the written consent of all of the stockholders of said roads residing in the state of Illinois-and any contract for such consolidation or lease which may be made, without having first obtained said written consent, signed by the resident stockholders in Illinois, shall be null and void: Provided, that it shall be lawful for the directors of any railroad company created by the laws of this state, to contract for the use and operation of any railroad connecting with their line beyond the limits of the state, and in all contracts for the use and operation of any railroad by another corporation, it shall be lawful for the parties to provide for the use of any of the powers and privileges of either or both of the corporations, parties thereto And, provided, further, that nothing in this act

shall be so construed as to authorize the consolidation of any of said railroads with railroads out of the state of Illinois: Provided, that nothing contained in the first proviso to this act shall in anywise apply to or be taken advantage of by the Great Western railroad company (of 1859) a corporation of the state of Illinois.

§ 2. This act shall take effect and be in force from and after the passage thereof.

APPROVED February 16, 1865.

In force Feb. 13, 1865.

stockholders is

necessary.

AN ACT to amend the law for the consolidation of railroads.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That it shall Consent of the not be lawful for any railroad company of Illinois, or for the directors of any railroad company of Illinois to consolidate their road with any railroad out of the state of Illinois, or to lease their road to any railroad company out of the state of Illinois, or to lease any railroad out of the state of Illinois, without having first obtained the written consent of all of the stockholders of said roads resident in the state. of Illinois, and any contract for such consolidation or lease which may be made without having first obtained said writ

ten consent signed by the resident stockholders in Illinois, shall be null and void.

2. This act shall take effect and be in force from and after the passage thereof.

APPROVED February 13, 1865.

AN ACT to subject railroad companies to pay damages for violating city or In force Feb, 16. town ordinances.

1865.

is liable

for

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That hereafter, whenever any railroad company who shall, by themselves, When company or agents, run or put their trains or engines to be run at a damages. greater rate of speed through the incorporated limits of any city or town in this state, than is permitted by the city or town ordinances respecting said railroad company, so violating said ordinances either by themselves or agents as aforesaid, sh: 11 be liable to each individual sustaining damage done by said train or engine, to the full extent of such damage.

is killed.

§ 2. Should any live stock be killed by any of the rail- When live stock road companies, or their agents, in manner set forth in section one of this act, the same shall be presumed to have been done by the negligence of said company or their agents.

and

how recovered.

3. The damages provided for in section one of this Damages, act may be recovered by action of debt or assumpsit before any justice of the peace, where the amount of dainage does not exceed one hundred dollars, or by suit in the circuit court, as the party may elect, where the amount of dan ages does exceed twenty dollars.

§ 4. This act shall be in force from and after its passage. APPROVED February 16, 1865.

AN ACT in relation to the reports of the decisions of the supreme court. In force Feb. 8,

1865.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That until otherwise provided by law, the reporter of the decisions of the supreme court of this state, for such copies of the reports. of said decisions as he shall deliver to the secretary of state, Price of reports. according to the laws of this state, shall be entitled to receive at the rate of six dollars per volume.

2. This act shall include and relate to the 31st volume of Illinois reports, and shall take effect and be in force from and after its passage.

APPROVED February 8, 1865.

In force Feb. 13, AN ACT to amend chapter IX of the revised statutes, entitled "Attachments in circuit courts."

1865.

tachment

issue.

may

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, If any When writ of at- creditor, his agent or attorney, shall file an affidavit in the office of the clerk of the circuit court of any county in this state, setting forth that any person is indebted to such creditor in a sum exceeding twenty dollars, stating the nature and amount of such indebtedness, as near as may be, and that such debtor has fraudulently conveyed or assigned his property or effects, so as to hinder or delay his creditors, within two years prior to the filing of such allidavit, or that such debtor has fraudulently concealed or disposed of his property or effects, so as to hinder or delay his creditors within said two years, or that such debtor is about fraudulently to conceal, assign, or otherwise dispose of his property or effects, so as to hinder or delay his creditors, the clerk of such court shall forthwith issue a writ of attachment, in manner and form as is provided in section one of said chapter nine, to which this is an amendment.

Act to conform.

2. All the provisions of said chapter nine, to which this is an amendment, applicable to writs of attachment issued by virtue of the first section of said chapter nine, shall apply to writs of attachments that may be issued by virtue of section one of this act, and the writ of attachment provided in section two of said chapter nine, when issued by virtue of section one of this act, shall be made conformable to the provisions of section one.

3. This act shall be in force from and after its passage.

APPROVED February 13, 1865.

In force Feb. 16, AN ACT to amend chapter X of the revised statutes of 1845, of the state 1865.

of Illinois, entitled "Attachments of boats and vessels."

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That chapter ten of the revised statutes of 1845, entitled "Attachments of

judgments

boats and vessels, be and is hereby so amended that here- Appeal
after in all cases wherein proceedings are had against lowed.
boats or vessels, before a justice of the peace, and judg
ment rendered, the owner or owners, masters, stewards,
consignee, or other agent of such boat or vessel, may appeal
from such judgment on entering into the required bond or
recognizance as in other cases of appeal.
APPROVED February 16, 1865.

from

al

1865.

AN ACT to repeal section sixteen (16) of division III, chapter XXX of the In force Feb. 7, Revised Statutes, all of chapter LXXIV of said Revised Statutes, and an act entitled “An act to prevent the immigration of free negroes into this state," commonly known as the "Black Laws."

pealed.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That section sixteen (16,) division III, chapter XXX, of the Revised Black laws Statutes of this state, entitled "Criminal Jurisprudence," and chapter LXXIV of said Revised Statutes, entitled "Negroes and Mulattoes," and an act of the general assembly of this state, approved February 12, 1853, entitled "An act to prevent the immigration of free negroes into this state," be an the same are hereby repealed; also section 23, chapter XL, Revised Statutes, entitled "Evidence and Depositions." § 2. This act to be in force from and after its passage. APPROVED February 7, 1865.

re

AN ACT to amend chapter XXX of the Revised Statutes, entitled "Crimi- In force Feb. 16, nal Jurisprudence."

Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the following additional section be added to division 13 of said chapter, entitled "Fraudulent and Malicious Mischief":

Any person who shall destroy, injure or disturb, or in any way molest any tomb, vault or grave within the inclosure of any cemetery or place of interment of the dead, with the intention or purpose of removing any dead body, or clothing, or ornament, or jewel therefrom, or any person in any way aiding or abetting in the same, without written permission from the proper officer of the association or cemetery, or place of interment, or any person who shall destroy, injure, disturb, or in any way molest any monument, slab, tree, shrubs, plant, or other thing within said cemetery

1865.

Malicious

chief.

mis

Punishment.

inclosure, without lawful authority so to do, all and every
such person shall be deemed guilty of fraudulent and mali-
cious mischief, and shall be punished as provided in section
number 157 of said criminal code.

This act to take effect from and after its passage.
APPROVED February 16, 1865.

In force April 1, AN ACT to amend section sixty-two of chapter XXX of the Revised Statutes, entitled "Criminal Jurisprudence," and for other purposes.

1865.

larceny.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That secFirst offence of tion sixty-two of chapter thirty of the Revised Statutes be so amended that any person convicted, under the same, of the larceny of any horse, mare, colt, mule, or ass, shall be punished by confinement in the penitentiary for a term not less Second offence. than three years nor more than twenty years for the first offence, and not less than eight nor more than thirty years for the second offence.

Counties may of

horse thieves.

2. The county courts in this state, in such counties as fer rewards for have not adopted township organization, and the boards of supervisors in such as have, are hereby authorized and empowered to offer such rewards, not exceeding one thousand dollars, as to them may seem right in the premises, for the pursuit, arrest, detection, or conviction of any such thief.

Tax for fund.

Unsuccessful expenses paid.

Proviso.

83. And for the purpose of providing a fund for the payment of said rewards and other disbursements provided for by this act, the said county courts and boards of supervisors are hereby authorized to levy a tax, annually, of such amount as to them may seem necessary, for the purpose herein contemplated; said taxes to be levied and collected in the same manner as other taxes for county purposes now are by law authorized to be levied and collected.

4. When any person shall pursue any thief, as contemplated in said first section, for whom no reward shall have been offered, or in any case where a reward has been offered, and the pursuit shall be unsuccessful, the party or parties pursuing may make out his bill for all necessary expenses, which shall not exceed one dollar for each man per day, and file the same with the judge of the county court, or the board of supervisors as aforesaid; and it shall be the duty of the said judge or board to allow said account (if satisfied of its correctness and propriety,) and pay the same out of this fund: Provided, that in all cases where a reward is paid, no expenses shall be allowed, and never shall expenses be allowed for more than five persons, and those only who said court shall think proper.

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