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DOCUMENTS COLLECTION
DO NOTTAKE FROM THIS ROOM



SHELVED IN LAW COLLECTION



WESTERN ILLINOIS UNIVERSITY LIBRARY




3 1711 00611 7704






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in 2010 witli funding from

CARLI: Consortium of Academic and Researcli Libraries in Illinois



http://www.archive.org/details/lawsofstateofill1854illi



LAWS



7



OF THE



STATE OF ILLINOIS,



PASSED BT THE



EIGHTEENTH GENERAL ASSEMBLY



AT ITS



SECOND SESSION.



COMMENCING FEBRUARY 9, 1854,



SPRINGFIELD:

LANPHIER & WALKER, PRINTERS:

1854.



GEIERAL LAWS.



AN ACT to apportion the senators and representatives in this state in thei„fjrce Peij.
General Agsenibly. 1854.

Section 1. Be it enacted by the people of the state of
lUinoiSy represented in the General ^^ssembly, That until
the next census and apportionment, as provided by the con-
stitution, the state shall be divided into senatorial and
representative districts as follows, viz :

1st. The county of Cook shall constitute the first sena-t^f'k-
torial district, and be entitled to one senator.

2d. Tlie counties of Lake and McHenry shall constitute Lake, &c.
the second senatorial district, and be entitled to one sen-
ator.

3d. The counties of Boone, Winnebago, Ogle and Car-Bo<5ue,&c.
roll shall constitute the third senatorial district, and be
entitled to one senator.

4th. The counties of Jo Daviess and Stephenson shall Jo Daviess, ^c.
constitute the fourth senatorial district, and be entitled to
one senator.

5th. The counties of Kane, De Kalb, Lee and White- ^""'^'^"^
side shall constitute the fifth senatorial district, and be
entitled to one senator.

6th. The counties of Will, Du Page, Kendall, Iroquois win, &«.
and Kankakee shall constitute the sixth senatorial district,
and be entitled to one senator.

7th. The counties of La Salle, Grundy, Livingston and i.a saiie, &e.
Bureau shall constitute the seventh senatorial district, and
be entitled to one senator

8th. The counties of Peoria, Marshall, Putnam and peoria, &c.
Woodford shall constitute the eighth senatorial district,
and be entitled to one senator.

9th. The counties of Knox, Warren, Mercer, Rock Knox, &c.
Island, Henry and Stark shall constitute the ninth senato-
rial district, and be entitled to one senator.



1854.



Fulton, &c.



Scliujior. &c.



Adntn'i, &c.



Pike, &.C.



trreene, cue.



Sangamon^ &c,



fljampaign, &c



Termilioii, Stc.



Glark, &o.



Jefferson, &c.



Monroe, &c.



Williamson, &.c.



»ndolph, &c



Alexander, he.



10th. The counties of Fulton and McDonough shall cor
stitute the tenth senatorial district, and be entitled to oii
senator.

11th, The counties of Schuyler, Henderson and Hai
cock shall constitute the eleventh senatorial district an
be entitled to one senator. '

12th. The counties of Adams and Brown shall const
tute the twelfth senatorial district, and be entitled to or
senator.

13th. The counties of Pike, .Calhoun and Scott sha
constitute the thirteenth senatorial district, and be entitle
to one senator.

14th. Tiie counties of Greene, Macoupin and Jerse
shall constitute the fourteenth senatorial district and
entitled to one senator. '

15th. The counties of Sangamon and Morgan shall cor
stitute the fifteenth senatorial district, and be entitled t
one senator.

16tli. The counties of Champaign, De Witt Piat
Macon, Moultrie, Christian, Shelby and McLean sha
constitute the sixteenth senatorial district, and be entitle
to one senator.

17th. The counties of Cass, Menard, Logan, Mason an
iazewei shall constitute the seventeenth senatorial dij
tnct, and be entitled to one senator.

18th The counties of Vermilion, Coles, CumberlaJ
and Ldgar shall constitute the eighteenth senatorial di3
tnct, and be entitled to one senator. i

19th. The counties of Clark, Fayette, Effingham, Ja&
per, Lawrence and Crawford shall constitute the nin(
^"^ on . '^i^f^^"^^ district, and be entitled to one senate
W K ; AT .^°'^"^ies of Jefferson, Wayne, Edwards
Wabash, Marion, Clay and Richland shall constitute th'
twentieth senatorial district, and be entitled to one senator'
2^ist. Ihe counties of Madison, Bond and Mont^omer
shall constitute the twenty-first senatorial district, and b
entitled to one senator.

22d The counties of Monroe and St. Clair shall consti
tute the twenty-second senatorial district, and be entitle
to one senator.

23d. The counties of Williamson, Saline, White, Ham
ilton and Franklin shall constitute the twenty-third sena
tonal distnct, and be entitled to one senator.

24th. The counties of Pvandolph, Washington, Clinton
I'erry and Jackson shall constitute the twenty-fourth sena

aj , iV'^^'' ^""^ ^^ entitled to one senator.

25th. The counties of Alexander, Union, Johnsor
Pulaski, Massac Pope, Hardin an^ Gallatin shall consti
tute the twenty-fifth senatorial district, and be entitled t'
one senator.



I



ft



n



° 1854.

§ 2. The state shall be divided into representative dis- uepresemauvcs.
tricts as tollows :

1st. The counties of Alexander, Pulaski and Union shall Alexander, &..
constitute the first representative district, and be entitled
to one representative.

2d. The counties of Pope, Hardin and Massac shall Pope, &c.
■constitute the second representative district, and be enti-
tled to one representative.

3d. The counties of Williamson and Johnson shall con- wuiiamson, &c
stitute the third representative district, and be entitled to
one representative.

. 4th. The counties of Gallatin and Saline shall consti- Gaiiatm, &c.
tute the fourth representative district, and be entitled to
one representative.

5th. The counties of Franklin and Jackson shall consti- Frankun, &c
itute the fifth representative district, and be entitled to one
representative.

6th. The county of Randolph shall constitute the sixth Randolph. &c
representative district, and be entitled to one representa-
tive. ^

7th. The counties of Wasliington and Perry shall con- Washington. ^o
Jtitute the seventh representative district, and be entitled
to one representative.

8th. The counties of Jefferson, Marion and Hamilton jetre-son 6.c
3hall constitute the eighth representative district, and be'''''^''°"'''"
entitled to tv^^o representatives.

9th,_ The counties of Wabash and White shall constitute wabash &c
;he ninth representative district, and be entitled to one
'epresentative.

10th. The counties of Wayne and Edwards shall con- way,ie,«-c.
titute the tenth representative district, and be entitled to *
me representative.

nth. The county of Monroe shall constitute thcMouroe.
■leventh representative district, and be entitled to one
epresentative.

12th. The county of St. Clair shall constitute the twelfth st.ciair
epresentative district, and be entitled to two represen-
atives.

13th. The counties of Clinton and Bond shall constitute ciinton, &t.
he thirteenth representative district, and be entitled to
ne representative.

14th, The county of Madison shall constitute the four-,, ,.
eenth representative district, and be entitled to two rep-
ssentatives.

15th The counties of Fayette and Effingham shall con- pav.tto, &.
-.itute the hfteenth representative district, and be entitled
) one representative.

16th. The counties of Clay, Richland and Jasper shall ciay, 4c.
onstitute the sixteenth representative district^ and be
otitled to one representative.



1854.



Cuini>erlaii(ij.&.c.



jlac&upin.



Lawrence, &c, 17th. The counties of Lawrence and Crawford shall
constitute the seventeentii representative district,, and be
entitled to one representative.
Clark. 18th. The county of Clark shall constitute the

eighteenth representative district, and shall be entitled
to one representative.

19th. The counties of Cumberland and Shelby shall con-
stitute the nineteenth representative district, and be enti-
tled to one representative.
Montgomery &c 20th. The couutics of Montgomery and Christian shall
constitute the twentieth representative district, and be
entitled to one representative.

21st. The county of Macoupin shall constitute the
twenty-first representative district, and be entitled to one
representative.

22d. The counties of Jersey and Calhoun shall consti-
tute the twenty-second representative district, and be
entitled to one representative.

23d. The county of Greene shall constitute the twenty-
third representative district, and be entitled to one repre-
sentative.

24th. The county of Edgar shall constitute the twenty-
fourth representative district, and be entitled to one repre-
sentative.

25th. The counties of Coles and Moultrie shall consti-
tute the twenty-fifth representative district, and be entitled
to one representative.

26th. The county of Sangamon shall constitute the
twenty-sixth representative district, and be entitled to two
representatives.

27th. The counties of Morgan and Scott shall consti-
tute the twenty-seventh representative dist; ict, and b©
entitled to two representatives.

28th. The counties of Pike and Brown shall constitute
the twenty-eighth representative district, and 'e entitled
to two representatives.

29th. The county of Adams shall constitute the twenty-
ninth representative district, and be entitled to two repre-
sentatives.

30th. The county of Schuyler shall constitute the thir-
tieth representative district, and be entitled to one repre
sentative.

31st. The county of Hancock shall constitute the thirty
first representative district, and be entitled to one repre-
sentative.

32d. The county of McDonough shall constitute the
thirty-second representative district, and be entitled to
one representative.



©reene.



iCdgai'.



Cules^ &.C.



SaugBCiCn.



iltilgSlljifec.



Ssbuylc?.



StDonough.



7 1854.

33d. The county of Fulton shall constitute the thirty- Fuiton.
third representative district, and be entitled to two repre-
sentatives.

34th. The counties of Cass and Menard shall constitute cass, &C.
the thirty-fourth representative district, and be entitled to
one representative.

35th. The counties of Mason and Logan shall constitute Mason, &c.
the thirty-fifth representative district, and be entitled to
one representative.

36th. The counties of Macon, De Witt, Piatt and Cham- uaoon,&«.
paign shall constitute the thirty-sixth representative dis-
trict, and be entitled to one representative.

37th. The county of Vermilion shall constitute the vermiii«».
thirty-seventh representative district, and be entitled to
one representative.

38th. The county of McLean shall constitute the thirty- jjcLg^,,.
eighth representative district, and be entitled to one rep-
resentative.

39th. The county of Tazewell shall constitute the thirty- Tweweiu
ninth representative district, and be entitled to one repre-
sentative.

40th. The counties of Henderson and Warren shall HsndtrBon, k.-
constitute the fortieth representative district, and be enti-
tled to one representative.

41st. The counties of Peoria and Stark shall constitute Peoiia,&c.
the forty-first representative district, and be entitled to
two representatives.

42d. The counties of Marshall, Woodford and Putnam M»rBhaii, &c.
ihall constitute the forty-second representative district,
and be entitled to one representative.

43d. The counties of La Salle, Livingston and Grundy La saiie, &«.
gliall constitute the forty-third representative district, and
be entitled to two representatives.

44th. The county of Kendall shall constitute the forty- Keiuiaii.
fourth representative district, and be entitled to one rep-
resentative.

45th. The counties of Iroquois, Will, Du Page and iro^wi*.
Kankakee shall constitute the forty-fifth representative
district, and be entitled to three representatives.

46th. The counties of Kane and De Kalb shall consti- k»iic, &.c.
tute the forty-sixth representative district, and be entitled
to two representatives.

47th. The county of Bureau shall constitute the forty- Boreas,
sreventh representative district, and be entitled to one rep-
resentative.

48th. The counties of Mercer, Henry and Rock Island iier«r, &.c.
i shall constitute the forty-eighth representative district,
and be entitled to one representative.



1854.



8



J.ee, ko.



Ogle.



IflftTt'Oll, &C.



Steph«5sou.



Winnotoaco,



!S<ionef &c.



South
&.r.



Weet



Chlcxgo



CHilCAgo



(t-^uTWMlng votu



49th. The counties of Lee and Whiteside shall consti-
tute the forty-ninth representative district, and be entitled
to one representative.

50th. The county of Ogle shall constitute the fiftieth
representative district, and be entitled to one representa-
tive.

51st. The counties of Carroll and Jo Daviess shall con-
stitute the fifty-first representative district, and be entitled
to two representatives.

52d. The c ^unty of Stephenson shall constitute the
fifty-second representative district, and be entitled to one
representative.

53d. The county of Winnebago shall constitute the fifty-
third representative district, and be entitled to one repre-
sentative.

11 54th. The counties of Boone and McHenry shall con-
stitute the fifty- fourth representative district, and be ^enti-
tled to two representatives.

55th. The county of Lake shall constitute the fifty-fifth
representative district, and be entitled to one represen-
tative.

56th. The towns of South Chicago, Lyons, Lake, La-
'monte, Palos, Worth, Orland, Bremen, Thornton, Rich and
Bloom, in the county of Cook, shall constitute the fifty-sixth
representative district, and be entitled to two representa-
tives.

57th. The towns of West Chicago, North Chicago, Jef-
ferson, Leyden, Ridgeville, Niles, Main, Elk Grove, Shaura-
burg, Hanover, Northfield, Wheeling, Palatine, Barring-
ton, Proviso and New Trier, in the county of Cook, shall
constitute the fifty-seventh representative district, and be
entitled to two representatives.

58th. The county of Knox shall constitute the fifty-
eighth representative district, and be entitled to one rep-
resentative.

Until the general assembly shall otherwise provide, the
clerks of the county courts in each of the aforesaid sena-
torial districts, and in such representative districts as may
be composed of more than one county, shall meet at the
county seat of the county in said district which had the
largest population by the census of 1850, within thirty
days next and after any election for senator or represen-
tative tlierein, for the purpose of comparing and canvass-
ing the votes given at such election, and said clerks shall
in all other respects conform to all the laws ^n the subject
now in force.

Approved February 27, 1854.



9 1854.

AN ACT to enable railroad companies and plank road companies to con- I" force Feb. 28»
solidate their stock. *'

Section 1. Be if enacted by the people of the state of
Rlinois, represented in the General Jissembly, That all
railroad companies and plank road companies now organ- Power«.
izedj or hereafter to be organized, which now have or hereaf-
ter may have tiieir termini fixed by law, wiienever their said
road or roads intersect by continuous lines, be and the
same are hereby authorized and empowered to consolidate
their property and stock with each other, and to consoli-
date with companies out of this state, whenever their lines
connect with the lines of such companies out of this state.

§ 2. Such consolidation may take place whenever the cousoUdatioM,
said companies shall respectively agree upon the terms and
conditions of the same; and tlie said companies when so
consolidated shall be authorized to agree upon the name
or names ofsucli consolidated company, and by such name
or names the said consolidated company shall be a body
corporate and politic, shall have a common seal or seals,
and by such name or names shall be respectively contract-
ed with and make contracts, shall sue and be sued, implead
and be impleaded with, and shall have all the powers, fran-
chises and immunities which the said respective compa-
nies shall have, by virtue of their respective charters, be-
fore such consolidation passed within the state of Illinois :
Provided, that each consolidated company shall file for
record, in the office of the secretary of state, ajcopy of their
said articles of consolidation, evidenced by the signature
of the presiding officer of each of the said companies, and
the corporate seal thereof.

§ 3. The corporation or corporations formed by virtue ctpitai st««i£.
of the provisions of this act shall have power to increase
their capital stock to any amount required by resolution of
their respective boards of directors, not exceeding the
amount of the cost of the roads and works constructed and
equipped by them, to borrow money and fix the rate of in-
terest therefor, to issue bonds and the same to sell at such
price as they may deem expedient, such sales being hereby
authorized and confirmed, and to make any other contracts
authorized by the by-laws of the said corporation or cor-
porations, within the purview of their said charters.

§ 4. Such corporation or corporations, when so formed, po^er to connoi-
shall have the same power to consolidate with other com- ''^»'*^-
panics when their lines connect, upon such terms as may
be agreed upon by them respectively.

§ 5. No company in this state shall be authorized un-
der the provisions of this act to consolidate with any com-
pany beyond the limits of the state, until the. termini of



1864.



10



Plank road not to
consolidate with
railroads.



Proviao.



1 FVMIUgS, &.C.



such company in this state shall first have been fixed by
the laws of this state at the boundary line thereof.

§ 6. This act shall not be so construed as to authorize
any plank road not having power to build a railroad to
consolidate witli any railroad so as to lay a railroad upon
any plank road track, until the termini of such railroad
shall have been expressly fixed by law, nor shall any plank
road so consolidate wiih any railroad unless authorized by
law to lay a railroad track.

§ 7- All proceedings for the purpose of consolidation
as above provided shall be fixed and regulated by the by-
laws of the respective companies desiring such consolida-
tion : Provided,^ that such consolidation shall not take place
until the terms of such consolidation shall have been ap-
proved by a majority of the stockholders in interest, in per-
son or by proxy, at an annual or called meeting, of which
due notice shall be given, by publication or in writing, to
all stockholders interested, or the same be approved by
the written consent of a majority of stockholders in inter-
est, filed in the office of their company.

§ 8. When it shall be necessary for the construction of
any railroad to cross the track of any other railroad, stream
of water, water course, road or highway, which it may in-
tersect or cross by reason of such extension, into or through
any adjoining state, or by reason of its consolidation with
any other road or roads, company or companies, as provi-
ded in this act, it shall be lawful for said company to con-
struct their road across or over the same by such track or
tracks, bridge or bridges, viaduct or viaducts, as may be
necessary to the convenience of the extension or consoli-
dation of said road : Provided^ said company shall restore
the railroad, stream of water, water course, road or high-
way thus intersected or crossed to its former state, or in a
sufficient manner not materially to interfere with its useful-
ness.

§ 9. This act shall take efi'ect from and after its pas-
sage.

Approved February 28, 1854.



In force March 1, AN ACT to amend the several acts passed at the last regular session of th«
1854. Genera! Assembly in regard to the location of state roads.



Section 1. Be it enacted by the people of the state of

Illinois^ represented in the General Assembly^ That in all

eonimiasioners' cascs where Commissioners were appointed to locate state

Juttes. roads, by acts passed during the last session of the gen-



11 1854.

eral assembly, and said commissioners have, from any cause
whatever, failed to perform the duties required of them,
they are hereby authorized to perform the said duties at any
time previous to the twenty-fiftii day of December next.

§ 2. That in all cases where commissioners have been Appoint commu-
appointed at the last session of the legislature to review ^'°"®^**
and locate state roads, and any or all of said commis-
sioners may have removed, died, or refuses to act, then
tlie county court or board of supervisors of the county in
which said commissioners were required to be sworn, may
appoint commissioners to fill said vacancies, and said com-
missioners shall have power to perform all the duties by
the acts to which this is an amendment.

§ 3. This act to take effect and be iji force from and
after the passage thereof.

Approved March 1, 1854.



AN ACT to facilitate the construction of railroads. Inforce March l,

1864.

Section 1. Be it enacted by the people of the state of
Illinois, represented vi the General %dssembly^ That any
city or county in this state which, under the provisions of^'^f^ of citi«i

•' -114 11 -IT ^^^ counties.

an act entitled "An act supplemental to an act entitled 'an
act to provide for a general system of railroad incorpora-
tions,' approved November 5th, 1849," has heretofore sub-
scribed, or may hereafter subscribe fur stock in any rail-
road company, payable in the bonds of said city or county,
it shall be lawful for the city council of such city, or the
judges of such couny, and they are hreby authorized and
empowered, to issue and deliver to such railroad company
the whole or any portion of the bonds of such city or coun-
ty, payable on such subscription, at any time hereafter,
when in their opinion the interest of such city or county
will be promoted thereby, whether the assessments upon
the stockholders of said company have been regularly as-
sessed and made payable or not.
g § 2. That this act shall take effect and be in force from
and after its passage.

Approved March 1st, 1854.



AN ACT for the betler gorernment of towns and cities, and to amend the in force F»b. 27,
charters thereof. 1854.

Section 1. Be U enacted hy the people of the state of
Illinois, represented in the General Jissembly, That there ii»f«rt«r eowto.
shall be established in each of the cities of this state infe-



1854.



12



Wimiberof luag-
S.otrates.



Commissioned



rior courts of civil and criminal jurisdiction, which shall
[bej called police magistrates' courts.

§ 2. That there shall be elected in each of the incor-
porated towns and cities of this state, the population of
which shall not exceed six thousand, an officer who shall

be styled police magistrate of the city of , or town

of — , as the case may be ; in each city of this state

having a population of over six thousand and not exceeding
twelve thousand there shall be elected two police magis-
trates, and in the cities of this state whose population shall
exceed twelve thousand there shall be elected three police
magistrates. Said magistrates shall be elected by the legal
voters of such city or town at the next regular election for
city or town officers, and every four years thereafter.

§ 3. Said police magistrates when elected shall be
commissioned and qualified in the same manner as justices
of the peace are, and shall have in their respective coun-
ties the same-jurisdiction, powers and emoluments as other
justices of the peace in this state ; and they shall also have
jurisdiction in all cases arising under the ordinances of
their respective towns and cities, and for any breachef
thereof, where the amount claimed shall not exceed one
hundred dollars, and in all cases arising under the ordi-
nances of towns and cities said magistrates shall be entitled
to the same fees as justices of the peace now are for similar

rrwiso. services, and to be collected in the same manner : Provi-

ded, the city or town autliorities of any such town or city
may make such additional allowance to such police mag-
istrates as they may deem just and expedient ; and in all
cases arising under the ordinances of any such town or



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