USE OF CANALS GRANTED TO CANADA.

AN ACT to grant the use of the canals in this State to the use of the inhabitants of the Dominion of Canada, upon conditions named. Approved April 4, 1872. In force July 1, 1872.]

WHEREAS, by a treaty, concluded in the city of Washington, on the eighth day of May, 1871, between the United States and Great Britain, the government of her Britannic majesty engages to urge upon the government of the Dominion of Canada, to secure to the citizens of the United States the use of the Welland, St. Lawrence and other canals in the Dominion, on terms of equality with the inhabitants of the Dominion; and the government of the United States engages that the subjects of her Britannic majesty shall enjoy the use of the St. Clair Flats caual, on terms of equality with the inhabitants of the United States, and further engages to urge upon the state governments to secure to the subjects of her Britannic majesty the use of the several state canals connected with the navigation of the lakes or rivers traversed by or contiguous to the boundary line between the possessions of the high contracting parties, on terms of equality with the inhabitants of the United States; therefore,

29. TERMS OF GRANT.] § 1. Be it enacted by the People of the State of Illi nois, represented in the General Assembly, That when the Dominion of Canada shall have secured to the citizens of the United States the use of the Welland, St. Lawrence and other canals in the Dominion, on terms of equality with the inhabitants of the Dominion, and proper official notice of the same shall have been communicated to the president of the United States, then the use of the Illinois and Michigan Canal, and all other canals that may be constructed by this state, connected with the navigation of the lakes or rivers traversed by or contiguous to the boundary line between the possessions of the high contracting parties, is hereby granted to the subjects of her Britannic majesty on terms of equality with the inhabitants of the United States.

AN ACT in regard to canal companies. [Approved February 27, 1874. In force July 1, 1874.]

1. CONSENT OF COUNTY BOARD NECESSARY.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That any company incorporated under any general law of this state for the purpose of constructing and maintaining a canal, before it shall have the right to locate and construct such canal, shall obtain the consent thereto of the county board of each county in which the same is to be located or constructed, in whole or in part. Such consent shall be in writing, and shall be recorded in the recorder's office of each county.

2. NOTICE OF APPLICATION.] § 2. No such consent shall be given unless notice of the intended application therefor shall be given by publication in some newspaper published in the county at least four weeks successively next preceding the session of the county board at which the application is made, or if no newspaper is published in such county, by posting notices therein in at least four public places, not less than four weeks previous to such session. When the application is to several county boards, the notice shall be given in each county.

3. EMINENT DOMAIN.] § 3. Any such canal company, having obtained the consent herein required and filed the same for record in the recorder's office of the proper county, may enter upon any lands for the purpose of making surveys and examinations with a view to the location and construction of such canal, and may take and damage any property necessary for the location, construction or repair of the same, including all necessary stone, timber and other material, and may institute and take proceedings to ascertain the compensation therefor, and may make such compensation in the manner which may be at the time provided by law for the exercise of the right of eminent domain. [See "Eminent Domain," ch. 47; Const., art. 2, § 13, p. 60.

4. LOCATION IN CITY, ETC.-CONSENT NECESSARY.] § 4. No such company shall have the right to locate or construct a canal in or through any incorporated city, town or village, or upon any of the streets, alleys or public grounds thereof, without the consent of the corporate authorities of such city, town or village.

5. INTERSECTING STREETS, ETC.-BRIDGES.] § 5. When any such canal shall intersect any street, alley, road, highway or railroad, such company shall restore such street, alley, road, highway or railroad thus intersected to its former condition, as near as may be, and so that its usefulness will not be impaired, and shall construct, maintain and operate all such bridges across its canal as shall be necessary for the public use. The location and manner of constructing and main taining such bridges may be determined by the corporate authorities of the city, town, village or county in or through which the canal is constructed.

6. PLAT MADE AND RECORDED.] § 6. Before any such canal company shall be entitled to collect any toll or open such canal for public use, such company shall cause an accurate survey of such canal, or such part thereof as is located and constructed, to be signed by the president and secretary, and acknowledged by them in the same manner as conveyances of real estate are required to be acknowledged, and recorded in the recorder's office of the county or several counties in which such canal or part thereof is located. [See "Plats," ch. 109, § 9.

SECTION

CHAPTER 21.

CEMETERIES.

SECTION

1. Conveyance may be made to county for burial 3. When cemetery land may be sold. places.

2. When cemetery may be removed-expense.

4. Power of city or village to establish, etc.-acquire lands.

AN ACT to provide for the dedication of land for cemetery purposes. [Approved February 15, 1851. In force April 18, 1851. L. 1851, p. 111.]

1. CONVEYANCE TO COUNTY FOR BURIAL PLACES.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, Any person or persons desiring to dedicate any lot of land, not exceeding five acres, as a burying ground or place for the interment of the dead, for the use of any society, association or neighborhood, may, by deed duly executed or recorded, convey such land to the county in which it is situated, by the corporate name of such county, specifying in such deed the society, association or neighborhood for the use of which the dedication is desired to be made, and thereby vest the title to such land, in perpetuity, for the uses stated in the deed, and such land shall be thereafter exempt from taxes for all purposes whatever.

[§ 2 repealed, by repealing act of 1874; see "Statutes," ch. 131, § 5.]

AN ACT to provide for the removal of cemeteries. [Approved April 24, 1873. In force July 1, 1873.]

2. WHEN CEMETERY MAY BE REMOVED-EXPENSE.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever any cemetery shall be embraced within the limits of any town or city, it shall be lawful for the corporate authorities thereof, if, in their opinion, any good cause exists why such cemetery should be removed, to cause the remains of all persons interred therein to be removed to some other suitable place: Provided, said corporate authorities shall have first obtained the assent of the trustees or other persons having the control or ownership of said cemetery, or a majority thereof: And, provided, further, that when such cemetery is owned by one or more private parties, or private corporation or chartered society, the corporate authorities of such town or city may require the removal of such cemetery to be done at the expense of such private parties, or private corporation or chartered society, if such removal be based upon their application.

AN ACT to enable cemetery companies to sell and convey land not required for burial purposes. [Approved Feb. ruary 12, 1874. In force July 1, 1874.]

3. WHEN CEMETERY LAND MAY BE SOLD.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in all cases where cemetery companies, incorporated by special law, have been or shall be prohibited by any act of the legislature or municipal ordinance from occupying any land purchased for burial purposes, and the boundaries limited by such law or ordinance, it shall and may be lawful for any such company to sell and convey the land outside of such boundaries for other than burial purposes.

AN ACT to enable cities and villages to establish and regulate cemeteries. Approved March 24, 1874. In force July 1, 1874.]

4. POWER OF CITY OR VILLAGE TO ESTABLISH-ACQUIRE LANDS.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That any city or village in this state may establish and maintain cemeteries within and without its corporate limits, and acquire lands therefor by purchase, condemnation or otherwise.