ing election in such strip, district, section or township shall Subscriptions binding. 3. All subscriptions of stock to or contributions in Subscriptions aid of said railroad, now made or hereafter to be made by the trustees of schools in any township in any county where no township organization exists, or by the supervisors and countersigned by the town clerk in townships in counties. under township organization, shall be valid, binding and effectual, in law and equity, to all intents and purposes, according to the tenor and effect, true intent and meaning of such subscriptions or contributions upon the inhabitants of such townships. Indebtedness signed by trus § 4. The bonds or other evidences of indebtedness of townships not under township organization shall be signed tees. by the said trustees, or a majority of them, and countersigned by the treasurer thereof; and they shall, in like manner, sign the interest warrant affixed thereto; and the same shall be done by the supervisor and town clerk in townships in counties under township organization. And the treasurer in townships in counties not under township organization, and the town clerks in townships in counties under township organizations, shall, respectively, provide suitable books, in which shall be registered the date, num Record of bonds ber, amount, name of person, company or corporation to whom issued, time of payment and rate of interest of each of said bonds or evidences of indebtedness, which books shall be safely kept by the county clerk or officers corresponding thereto in the counties where said townships are situated, for reference and safe keeping. subscriptions of § 5. In case the trustees of schools in townships in coun- Elections for ties not under township organization or the supervisors in stock. townships in counties under township organization, through or near which said railroad may run, shall fail or refuse to subscribe at least five thousand dollars either as stock to or contribution in aid of said railroad, for the space of ten days after being required so to do by the president, secretary or duly authorized agent of said railroad company, it tion. shall be the duty of said treasurer or town clerk, as the case may be, forthwith to post up in three of the most pubNotice of elec- lic places in their township a notice for an election to be held, in not less than ten days from the posting up said notices, by the legal voters of said township, authorizing them to vote for or against the subscription of stock to or contribution in aid of said railroad company, which notices shall state the time and place of said election, at which said trustees of schools shall act as judges in townships in counties not under township organization, and the said supervisor and town clerk and such other proper person as they may associate with them shall act as judges in townships in counties under township organization. Said judges shall have the power to appoint clerks, fill vacancies, make returns, and do all other matters and things necessary and proper for the management of said election, and making due returns thereof, as in other cases, according to law. Returns of elec- The returns of said election shall be made to the county clerks in counties not under township organization, and to the clerks of the boards of supervisors in counties under township organization. And the said clerks shall faithfully keep and preserve such returns for public inspection. The registration of voters for the last preceding election in said. township shall be the registration for the elections provided for as aforesaid. tion. Amonnt to be voted for. .... 86. The person or persons giving notice of said election shall specify the amount to be voted for or against, said amount to be not less than five thousand dollars, in said notices; and the ballot used at such elections shall be inscribed or printed with the words "For a subscription or contribution of $....," or "Against a subscription or contribution of $.. or words to that effect. And the blank left for the amount to be voted for or against shall be filled up on said ballots with the amount specified in said notice. 7. In case the majority of legal voters of any townsubscribe stock. ship, so voting as aforesaid, shall so direct, the said trustees or supervisor and town clerk, as the case may be, shall, within ten days, subscribe stock to or contribution in aid of said railroad the amount so voted for by said voters. Trustees to Penalty for 8. Any person who shall knowingly refuse or neglect neglect of duty to give the notices, hold aud conduct the elections, make the returns, preserve the same, and provide and safely keep the book herein specified, and subscribe stock or contributions, as directed at the elections, may be prosecuted, by indictment in the proper county, punished by fiue, in the discretion of the circuit court, in any sum not less than one hundred dollars nor more than five hundred dollars, and imprisonment not more than six months in the county jail. Levy tax to pay interest. 9. Whenever any bonds or other evidences of indebtedness are issued and delivered by townships, in pursuance of this act, it shall be the duty of the trustees or supervisor and town clerk, as the case may be, to levy a tax upon the property in their respective townships, sufficient to meet and defray the interest and principal of said indebtedness, as the same shall be required to be paid and discharged; and the assessment for such tax shall be made in the manner required by law, as in other cases. Assessment rolls or books for such levy shall be delivered to the sheriff or other proper officer of the proper county, and the tax therein specified shall be by him collected in the same manner as other taxes are collected and to be paid over to the proper officer of the township, as in other cases. The failure to pay such taxes shall be attended by the same consequences, in all respects, as follows the non-payment of state and county taxes. 10. The proper authorities of any county, city, town, Stock subscripvillage, township or other municipal organization, which has subscribed or may hereafter subscribe to the stock of said railroad, are hereby authorized and empowered to sell, dispose of and transfer to said railroad company the stock thus subscribed, upon such terms and conditions, and for such considerations as may be mutually agreed upon by and between the respective parties. § 11. The bonds or other evidences of indebtedness issued by the cities, towns, villages, townships or other municipal organizations, shall not be delivered to said railroad company or other holder, except for safe keeping, until the said railroad shall be completed through said places, respectively, to be evidenced by the running through of a locomotive, as in the case of counties. Said bonds or evidences of indebtedness shall bear interest and date from time of said delivery, and not before. Bonds not to be delivered till road is built. county officers. 12. The county authorities proposing to proceed un- Duties of the der the provisions of the second section of this act, may call upon the judge of the circuit court of the proper county for the appointment of three discreet householders of said county, who shall proceed to designate the strip, district or section of the county which shall bear the charge or burden of indebtedness subscribed by said railroad. Said householders shall, before entering upon their duties, take the oath to fairly and honestly, according to the best of their skill and judgment, designate the portion or district of the county to be charged with the indebtedness proposed to be created to the said railroad company, and shall make report of their doings to the county judge of said county, which report shall guide said county authorities in making such designation. Said commissioners shall be paid reasonable compensation for their services, out of the county treasury. 13. This act shall take effect and be in force from and after its passage. APPROVED January 23, 1869. Compensation of commissioners. In force March AN ACT to amend an act entitled "An act to incorporate the Decatur and 24, 1869. East St. Louis Railroad Company," approved February 26, 1867. Act amended Provisions repealed. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the words and Edwardsville, in Madison county," in the second section of an act entitled "An act to incorporate the Decatur and East St. Louis Railroad Company," approved Feb. 26, 1867, be and they are hereby stricken out, and that said words be and they are hereby stricken out wherever they occur in said act. 2. That so much of said act as requires said company to locate and construct their road through the town of Edwardsville, in Madison county, is hereby repealed. § 3. This act shall be deemed and taken to be a public act, and shall be in force and take effect from and after its passage. APPROVED March 24, 1869. 27, 1689. In force March AN ACT supplementary to, and amending an act entitled "An act to amend the act entitled an act to incorporate the Decatur and Indianapolis Railroad Company." approved February 8th, 1853. Preamble. WHEREAS, in pursuance of a resolution of the board of supervisors of Macon county, adopted on the sixth day of October, A. D. 1866, a proposition was submitted to the qualified voters of said county, to be voted upon at the general election on the sixth day of November, then next ensuing, as to whether the said county would issue bonds to aid the building of the railway known as the Indiana and Illinois Central Railway, to the amount of sixty thousand dollars, bearing 8 per cent. interest, and running not to exceed ten years, and payable at any time, at the option of said county, at which election a majority of all the votes cast thereat was cast in favor of the said proposition; and whereas, also, in pursuance of a resolution of the board of supervisors of said county, adopted on the third (3rd) day of June, A. D. 1868, a proposition was submitted to the qualified voters of said county, to be voted upon on the 25th day of July, then next ensuing, as to whether said county would subscribe the further sum of forty thousand dollars to the capital of said Indiana and Illinois Central Railway, and would issue bonds therefor, payable twenty-five years after date, with interest at the rate of eight per cent. per annum, to be paid annually, at such bauking house in the city of New York as the board of supervisors of said county might designate, and the further provision that said bonds might be paid at the option of said county at any time after five years from the date of the same, upon giving six months' notice thereof to the holders of the same; and whereas, such election was held, in pursuance of lawful notices to that effect, and there was cast at said election a lawful majority of legal votes in favor of said proposition; and whereas, also, by virtue of said last mentioned resolution of said board of supervisors, there was also submitted to the qualified voters of said county, to be voted upon at said last mentioned election, propositions for a subscription of one hundred thousand dollars to the capital stock of the Decatur and East St. Louis Railroad, a subscription of one hundred thousand dollars to the Pekin, Lincoln and Decatur Railroad, and a subscription of twenty-five thousand dollars to the Monticello Railroad, for which said several subscriptions, bonds of like tenor and effect, as aforesaid, were to be issued, which said several propositions were voted for at said election, en masse, and all received a majority of all the votes cast; now, therefore, SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the Elections valid. said several elections are hereby legalized and made valid, to all intents and purposes, and that any subscriptions made or hereafter to be made by the lawfully constituted authorities of said county, and any bonds issued or to be issued by said authorities, in pursuance of such subscription and of the said elections, or either of them, shall be taken, deemed and held, and are hereby declared to be val id and binding, to all intents and purposes whatsoever, any irregularities in the said elections, the manner of holding the same or of voting upon said propositions or either of them to the contrary notwithstanding. § 2. The several townships in counties where township Townships may organization has been adopted, lying on or near to the line take stock. of said railway, are hereby authorized to subscribe to and take stock in the said Indiana and Illinois Central Railway Company. Elections may be held in any such township, upon the question whether such township shall subscribe for any specified amount of stock of said county, not exceeding one hundred thousand dollars, whenever a petition for that purpose shall be presented, as hereinafter specified. ner of election. 83. Whenever a petition shall be presented to the su- Time and manpervisor of any such township, signed by at least twentyfive legal voters of such township, setting forth the amount of stock proposed to be taken by such township, and specifying the time for holding such election, it shall be the duty of such supervisor to give thirty days' notice of the time of holding such election in such township, which shall be the same time specified in said petition, and which said notice Vol. III-36 |