company and for its use, before any justice of the peace of the proper county, or any court having jurisdiction thereof. [L. 1859, p. 156, § 5.

14. INJURING ROAD, ETC.] § 14. If any person or persons shall willfully or negligently do, or cause to be done, any act or acts whatever, whereby such road or any of its appendages shall be impaired, injured, obstructed or destroyed, such person or persons shall forfeit and pay to such company treble the amount of damages sustained by reason thereof, to be recovered, with costs, in the name of such company, and for its use, in an action of trespass, before any court having cognizance thereof, or any justice of the peace of the proper county; and if willfully done, shall also be deemed guilty of a misdemeanor, and be subject to indictment and fine, not less than 10 nor more than $100, or imprisonment not exceeding six months, or both, in the discretion of the court having jurisdiction thereof. [See "Crim. Code," ch. 38, § 197. L. 1859, p. 156, § 6.

15. INSPECTORS OF TOLL-ROADS.] § 15. The county board in each county in which any toll-road is or shall be, in whole or in part, established or constructed under this or any other general law, or any special law, shall appoint three resident freeholders of the county, not interested in any toll road, as inspectors of toll-roads in such county, whose term of office shall be two years, and until their successors are appointed and qualified. [L. 1859, p. 158, § 15; L. 1857, p. 142, § 1.

16. OATH.] § 16. Such inspectors shall take and subscribe, and file in the office of the countlerk, an oath, in the following form:

I do solemnly swear (or affirm, as the case may be,) that I will support the constitution of the United States, and the constitution of the state of Illinois, and that I will faithfully discharge the duties of the office of inspector of toll-roads, according to the best of my ability.

[See "Const.," art. 5, § 25. L. 1859, p. 158, § 15; L. 1857, p. 142, § 2.

17. DUTY OF INSPECTORS.] § 17. It shall be the duty of such inspectors, at least once every three months-in the months of January, May, August and November, respectively-to go over the entire length of each toll-road and examine its condition, and also immediately, upon complaint made in writing by any person that any road is out of repair, to examine the part so alleged to be out of repair; and whenever they shall find any toll-road to be out of repair and unfit for use, to give written notice thereof to the person or company owning or operating the same, or his agent, requiring such road to be put in repair within such time as shall be mentioned in the notice, not less than three nor exceeding fifteen days. [L. 1859, p. 158, § 15; L. 1857, p. 142, § 2.

18. DEPOSIT BY COMPLAINANT

REFUNDING.] § 18. When complaint is made, as provided in the preceding section, the person complaining shall deposit with the inspectors a sufficient sum of money to defray the expenses of such inspection. In case the complaint is found to be well grounded and the repairs necessary, such sum shall be refunded to the complainant: otherwise, to be appropriated to pay said expenses. [L. 1857, p. 143, § 4.

19. REFUSAL, ETC., TO MAKE REPAIRS.] 19. If the person or company owning or operating the road shall fail or refuse to make the repairs required within the time specified, said inspectors shall cause the toll-gates on such road to be thrown open, and shall make and file in the office of the county clerk a certificate of the facts, and after the toll-gates are thrown open as aforesaid, no toll shall be collectable by the person or corporation owning or operating such road, or any of its agents or servants, until the inspectors, upon the request of such person or corporation, shall make and file in the office of the county clerk a certificate that such road is in good repair and fit for use, and such person or company shall have paid into the county treasury the sum of $5. [L. 1859, p. 158, § 15; L. 1857, p. 142, § 2.

20. PAY OF INSPECTORS.] § 20. The inspectors shall be entitled to $3 per day for each day they are actually employed in the inspection of any such tollroad, to be paid by the company or person owning or operating the road inspected: Provided, that when such inspection be made upon complaint, and the complaint be decided unfounded, such company or person shall not be liable to pay such sum. [L. 1859, p. 159, § 16; L. 1857, p. 143, § 3.

21. PENALTY FOR TAKING TOLL WHEN GATE THROWN OPEN.] § 21. Any person or company owning or operating any toll-road, who shall demand or take any toll during the time the gates are thrown open by order of the inspectors, or of the county board, shall forfeit to the county the sum of $10 for each offense, and to the person from whom such illegal toll is taken, $5 and the sum so taken. [L. 1859, p. 158, § 15; L. 1857, p. 142, § 2.

22. EMINENT DOMAIN.] § 22. Any person or company having authority to es tablish or construct any turnpike, plank, gravel, macadamized or other toll road, in pursuance of this or any other general or any special law of this state, may survey, locate, construct and maintain such road, with all needful bridges, toll-gates and other appendages as may be necessary for the convenient use of the same, and for that purpose may cross any street, alley, private road, public highway, railroad or canal, and may take and damage such private property as may be necessary therefor. [L. 1859, p. 155, § 2.

23. COMPENSATION FOR PROPERTY TAKEN OR DAMAGED.] § 23. When it shall be necessary, for any of the purposes expressed in the preceding section, to take or damage any property, including necessary rocks, gravel, wood and other material for the construction or repair of any such road, the same may be done and the compensation therefor ascertained in the manner then provided by law for the exercise of the right of eminent domain. [See "Eminent Domain," ch. 47. L. 1859, p. 157, § 9 seq.

24. COUNTY MAY TAKE TOLL-ROAD.] § 24. Whenevere county board of any county shall deem it for the public interest that any toli-road situated in the county ought to be made a free road, it may take and condemn the same for that purpose, in the manner then provided by law for the exercise of the right of eminent domain. When any such road is situated in several counties, the proceedings shall be by all such counties jointly. [See "Eminent Domain," ch. 47. R. S. 1845, p. 256, § 15.

25. RESTRICTION.] § 25. No part of any toll-road less than the whole shall be condemned without the consent of the person or company owning or operating such road.

26. EXTENSION OF TOLL-ROADS.] § 26. Any turnpike, gravel, plank, macad amized or other toll-road company heretofore incorporated by general or special act of incorporation, having obtained the right of way, in pursuance of law, for an extension of its road, may extend its road at either end by giving the notice required in section 3 of this act, and obtaining the consent as provided in sections 1 and 4 of this act. And whenever any such company shall have extended its road as aforesaid any distance not less than one mile, and so, from time to time, as often as one mile in addition shall be completed adjoining that previously constructed, the county board of the county in which the road lies shall, on applica tion, appoint three judicious householders, who shall, on oath, examine the same and report their opinion to the county board, in writing; and if it shall appear from such report, to the satisfaction of the board, that such extension is com pleted agreeably to the provisions of this act, and suitable for travel, such board shall authorize the collection of tolls thereon, as provided in this act.

AN ACT to revise the law in relation to township organization. [Approved and in force March 4, 1874)

ARTICLE I.

HOW TOWNSHIP ORGANIZATION ADOPTED.

1. AT GENERAL ELECTION.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That at any general election that may be holden in the several counties in this state, the qualified voters in any county may vote for or against township organization in such county. [L. 1861, p. 216, § 1.

2. PETITION.] § 2. The county board, on petition of fifty or more legal voters of said county, shall cause to be submitted to the voters of the county the ques tion of township organization under this act, by ballot, to be written or printed, or partly written and partly printed, "For township organization" or "Against township organization," to be canvassed and returned in like manner as votes for county officers. [L. 1861, p. 216, § 2.

3. RETURNS.] § 3. The county clerk shall enter an abstract of the returns of said election, to be made out and certified as in elections for county officers, record the same at length upon the records of the county, and shall certify the same to the auditor of public accounts. [L. 1861, p. 216, § 3.

4.

WHEN TOWNSHIP GOVERNMENT COMMENCES-MAJORITY VOTE DEFINED. § 4. If it shall appear by the returns of said election that a majority of the legal voters of said county are for township organization, then, the county so voting in

favor of its adoption shall be governed by and subject to the provisions of this act on and after the first Tuesday of April next succeeding: Provided, that a majority of the voters voting at such election shall be taken and deemed a majority of the voters of said county. [L. 1861, p. 216, § 4.

5. COMMISSIONERS APPOINTED.] § 5. The county board shall, at its next session, appoint three commissioners, residents of the county, to divide the county into towns. The commissioners so appointed shall be paid for their services by the county. [L. 1861, p. 216, § 5.

6. DIVISION OF COUNTY INTO TOWNS.] § 6. The commissioners so appointed shall proceed to divide such county into towns, making them conform to the townships according to government surveys. Fractional townships may be attached to adjoining towns, where the number of the inhabitants or the amount of territory thereof shall not be sufficient for a separate town. Where a township shall have too few inhabitants for a separate organization, then such township may be added to some adjoining town, or divided between two or more towns, for the time being. And when a creek or river so divides a township that it is inconvenient for transacting town business, then such creek or river may be made the town boundary, and the fractions so formed may be disposed of as other fractional townships. [L. 1861, p. 217, § 6.

7. NAMING OF TOWNS.] § 7. Towns shall be named in accordance with the express wish of the inhabitants of the town, and if there shall not be a degree of unanimity as to the name, the commissioners may designate the name: Provided, that the county board shall have power to change the name of any town in their respective counties, upon a petition of a majority of the voters of said town: And, provided, further, that no two towns in the state shall have the same name. [L. 1861, p. 217, § 7; L. 1859, p. 129, § 1.

8. REPORT OF COMMISSIONERS.] § 8. The commissioners so appointed shall make a written report of their proceedings, giving the names and bounds of each town, and present such report to the county clerk on or before the first day of March next succeeding. [L. 1861, p. 217, § 8.

9. ABSTRACT OF REPORT SENT TO AUDITOR-RECORD.] § 9. The county clerk shall, within thirty days after receiving such report of the commissioners, transmit by mail to the auditor of public accounts of this state, an abstract of such report, giving the bounds of each town and the name designated, and said clerk shall record, in a book kept for that purpose, the report of said commissioners. [L. 1861, p. 217, § 10.

10. WHERE NAMES ARE ALIKE.] § 10. If the auditor of public accounts, on comparing the abstracts of the reports from the several counties, shall find that any two or more towns are named alike, he shall so inform the.clerk of the county which last adopted such name, and the county board of such county shall, at its next meeting thereafter, adopt for such town some different name; and when such name shall be adopted, the county clerk shall inform the auditor of public accounts, as before directed. [L. 1861, p. 217, § 11.

11. AUDITOR'S RECORD OF NAMES, ETC.] § 11. The auditor of public accounts shall keep a record of the names and boundaries of the several towns. [L. 1861, p. 218, § 12.

12. FIRST TOWN ELECTION.] § 12. The county board shall, at least twenty days before the first Tuesday in April next after the adoption of township organization, designate some central and convenient place in each town for the holding of the first town election, and shall also appoint three suitable electors of the town as judges of said elections.

13. NOTICE OF FIRST TOWN ELECTION.] § 13. The county clerk shall thereupon make out notices, stating the time (which shall be the first Tuesday of April thereafter) and place for holding the first town election, and the names of the judges of election so appointed, and deliver such notices to the sheriff of the county, who shall cause the same to be posted in not less than three of the most