SCHOOL TRUSTEES.

AUTHORIZED TO CONVEY LAND TO RAILROADS.

§ 1. Trustees may convey to railroad company-Proceeds to be used for school purposes. In force July 1, 1875.

AN ACT to empower township trustees to sell and convey right of way and depot grounds for the use of railroads crossing school lands.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the trustees of schools of any township concerned are hereby authorized and empowered, in their corporate capacity, to sell and convey to any railroad company which may construct a railroad across any of the public school lands of such township, the right of way and necessary depot grounds. All money received by such trustees for any right of way or depot grounds so sold, to be turned over by such trustees to the treasurer of the township for school purposes.

APPROVED April 13, 1875.

RAILROADS.

RIGHT TO PURCHASE INTEREST IN ADJOINING STATES.

§ 1. Purchase of lessors' interest in railroads in adjoining States. In force July 1, 1875. AN ACT relating to lessees in this State of railroads in adjoining States.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That all railroad companies incorporated or organized, or which may be incorporated or organized under the laws of this state, or of this and any adjoining state, which now are, or at any time hereafter may be, in possession of and operating connecting railroads in states adjoining this state under lease in perpetuity, or for a period of not less than twenty years, shall have power to purchase the remaining interests, property and franchises of the lessors of such railroads situated in such adjoining states, on such terms and conditions as may be agreed upon by the parties, or their assigns, to such lease: Provided, that nothing in this act shall be so construed as to authorize any corporation acting by, or organizing under the laws of any other state to purchase or otherwise become the owners of any railroad in this state.

APPROVED March 30, 1875.

AN ACT authorizing the formation of union depots and stations for railroads in this State.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in order to facilitate the public convenience and safety in the transmission of goods and passengers from one railroad to another, and to prevent the unnecessary expense, inconverience and loss attending the accumulation of a number of stations, any number of persons, not less than five, are hereby authorized to form themselves, or any two or more railroad companies may themselves form or join individuals in forming a corporation for the purpose of constructing, establishing and maintaining a union station for passenger or freight depots, or for both, in any city, town or place in this state, with the necessary offices and rooms convenient for the same, and appurtenances thereto, and for that purpose may make and sign articles, in which shall be stated the number of years the same is to continue, the city, town or place in which the same is to be located, the amount of the capital stock of said company, which shall not exceed three millions of dollars, the amount of each share of stock, the names and places of residence of its directors, which shall not be less than five nor exceed fifteen, who shall manage its affairs for the first year, and until others are chosen in their place, and shall also state the amount of stock taken by each subscriber. § 2. Any association of persons or corporations, desiring to become incorporated under the provisions of this act, shall present their articles of association to the circuit court of the county in which such city or place is, or to the judge thereof in vacation, with the petition from such members for a certificate of incorporation under the provisions of this act, to which petition shall be added or appended a certificate of at least two railroad companies who have tracks leading into said city, town or place, stating its public utility, and that they expect to make arrangements for its use when it shall be constructed, signed by the presidents of their respective companies.

§ 3. If the circuit court, or any judge thereof, in vacation, shall be satisfied that said certificate has been signed by such companies, then the said court or judge, upon filing the said petition, articles and certificate aforesaid, with the clerk of the court, shall grant to the said association a certificate of incorporation, which may be in the following form, to-wit:

Whereas, A. B. and C., etc. (stating the names), have filed in the office of the clerk of the circuit court their articles of association, in compliance with the provisions of an act entitled "An act authorizing the formation of union depots and stations for railroads in this state." approved (stating day of approval), with their petition of incorporation, under the name and style of... they are therefore hereby declared a body politic and corporate, by the name and style aforesaid, with all the powers, privileges and immunities granted in the act above named. By order of circuit court (or judge thereof.) attest; clerk of circuit court of county [of]

And thereupon, upon filing the same, or a certified copy thereof, in the office of the secretary of state, the said association, from the time of such filing, shall be a corporation under the laws of this state.

§ 4. Every corporation formed under this act, in addition to the general powers conferred by the laws of this state in relation to corporations, shall have power

First-To take and hold such real estate as it may acquire either by conveyance to said corporation, or such as it may acquire under the provisions of this act by condemnation, and which shall be necessary for the transaction of its business.

Second-To take, occupy and condemn any land and real estate, or any interest therein, needed for the establishment of such union station or depot and necessary approaches thereto, and the same proceedings shall be had therefor as are now or may hereafter be provided by law, concerning the condemnation of lands for or by railroad companies in the state, so far as such laws are applicable to the purposes of this act; and when so condemned, the said land and any interest therein shall belong to such corporation for the purposes of this act: Provided, that nothing in this act shall be construed to authorize the condemnation as depot grounds of any railroad which is not of the same gauge of those joining in the petition: Provided, further, that none of the provisions of this act relating to the condemnation of land shall extend to any land or lands to which any municipal corporation has a title.

Third-With the consent of the corporate authorities of the city, town or place in which said station or depot is to be constructed, to have the right to lay the necessary track or tracks over, upon or under such street or roads of said city, town or place as may be necessary to make the necessary connections with railroads proposing to use said union depot, and may, with such consent, also construct such station or depot under, over or upon any such streets or roads: Provided, that all injury, if any, that may be occasioned to the property frouting on any streets or roads by the laying of any railroad tracks or the location of any de. pot upon such streets or roads, under the provisions of this act, shall be assessed and the assessment paid into the city treasury, to the use of the owners of the property so injured by the corporation so appropriating such streets or roads, before such corporation shall have the right to lay any track or locate any depot over, under or upon such streets or roads.

Fourth-From time to time to borrow such sums of money as may be necessary for the construction, completion and furnishing or repairing of such station or depot, and to issue or dispose of their bonds for such amounts, at such prices as they shall think proper, and to mortgage their corporate property and franchises for the purpose of securing the

same.

Fifth-To open, from time to time, books of subscription to the remainder of the capital stock not taken by the subscribers to the articles of association. The general assembly shall have power to enact, from time to time, laws to prevent and correct abuses, and to prevent unjust discrimination and extortions in the management and prosecution of the business of any corporation formed under this act, and to enforce such laws by adequate penalties.

§ 5. After the directors named in the articles of incorporation shall have served for one year, there shall be an annual election of directors, to be conducted in the manner prescribed in the constitution of this state. The directors so elected shall serve for the ensuing year, and notices of such election, appointing a time and place, shall be given by

the directors as originally constituted for the first annual election, and thereafter by their successors in office, which notice shall be published not less than twenty days previous thereto, in some newspaper published in the English language, in the city, town or place in which said station or depot is located.

§ 6. There shall be no discrimination against or in favor of any railroad company using or desiring to use the said union depot, but the terms, conditions and regulations adopted for the use of the same, shall be, so far as practicable, uniform, and apply alike to all railroads using or desiring to use said union depot. APPROVED April 7, 1875.

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bond.

Penalty for neglect or refusal to pay over. Persons guaranteed from loss-defense-appeal.

15. Duty of attorney-general and state's attorneys under act.

16. Emergency.

In force March 26, 1875.

AN ACT to declare and constitute the State of Illinois sole trustee of that portion of the state tax levied, assessed and collected for the year 1873, in excess of 3 thereof; and to provide exclusive remedies, for the com plete refunding of the same to the tax payers of the state who have paid such excess, and for the protection of the tax payers entitled thereto, and of counties, and of all officers or persons connected with the collection, custody or payment thereof.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the state of Illinois, in its sovereign and corporate capacity, is hereby declared to be and constituted the sole and exclusive trustee for the use of all the tax-payers of this state who have paid more than 32 of the state tax levied and assessed against them for the year 1873, ou account of the operation of the act of the general assembly of this state, entitled "An act to fund and provide for paying the railroad debts of counties, townships, cities and towns," in force April 16, 1869, of all of the excess over 3 of such tax which such tax-payers have respectively paid, and which was not, before so much of said act as authorized the levy of such excess was declared by the supreme court of this state to be abrogated by the present constitution of this state, carried to the credit of a local bond fund, and paid out of the state treasury for the redemption and payment of the bonded indebtedness of any such county.

§ 2. That the remedy hereinafter provided for the refunding to the said tax-payers the amount of such tax illegally levied, assessed and collected by the authority of this state shall be deemed and held to be, in all courts and places whatsoever, exclusive, and all other existing remedies whatsoever, whether at law or in equity, or otherwise, as to the same, are hereby expressly abolished.

§3. All of such funds which have been ordered into the state treasury by the auditor, and receipted for by the state treasurer for the time being, and which are now actually in the state treasury, are hereby declared to be a trust fund for the uses aforesaid, subject to the limita tions, however, in this act provided, to be termed the "refunding fund." And all of such funds which have been ordered into the state treasury by the auditor, and receipted for by the state treasurer for the time being, which are not now actually in the state treasury, shall immediately be paid over to the treasurer of the state by the person or persons or any of them retaining or holding or having control over the same, and when so paid over to said treasurer shall be added to said "refunding fund."

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§ 4. That there be refunded in the manner hereinafter provided, to the tax-payers of the state who have paid more than 3 of the state tax levied and assessed against them for the year 1873, all of the excess over of such tax which such tax-payers have respectively paid, except as hereinafter provided.

§ 5. When all of said funds ordered by the auditor into the state treasury shall have been actually paid therein, it shall be the duty of the state treasurer to credit the tax-payers of each county with the amount estimated and certified by the auditor as hereinafter provided, out of which amount so estimated, certified and credited, the warrants of the auditor hereinafter provided for, shall be paid.

§ 6. The auditor of public accounts shall estimate and certify to the county clerk of each county which shall have paid into the state treasury more of the state taxes collected for the year 1873 than would have been produced by the rate of 29 cents on each one hundred dollars valuation of the assessment of 1873, (and also to the state treasurer,) the amount paid in excess of such rate. But if the amount paid into the state treasury by the collector or treasurer of such county is in excees of of the amount collected in such county, at thirty-six cents on each one hundred dollars valuation, and such excess has been in full or partially applied on the payment of the bonded indebtedness of such county, the amount so applied shall be deducted from such excess, and the amount remaining shall be certified. And the auditor, upon ascertaining the amount due from the state to the tax payers of any county, shall draw his warrant on the state treasurer, payable out of the amount credited to the tax-payers of such county of said "refunding fund," in favor of the county treasurer of such county, for said amount; and the amount of said warrants, respectively, is hereby appropriated, payable in the manner aforesaid.

§ 7. The amount so paid upon such warrants to said county treasurers shall be received by them in their official capacity, and shall be credited to a trust fund for the use of the tax-payers entitled thereto, to be termed the "refunding fund" of such county, and upon payment of such money into the county treasury, the county treasurer shall immediately give four weeks' notice in some newspaper published in such