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Second-To lay out a strip of land not exceeding sixty-six feet in width, on which to construct, maintain and operate said elevated way or conveyor; and for the purpose of cuttings and embankments, to take as much more land as may be necessary for the proper construction and security of the elevated way; to cut down any standing trees that may be in danger of falling upon and injuring such way, making compensation therefor in manner provided by law.

Third-To construct its way across, along or upon any stream of water, water-course, street, highway, plank road, turnpike, canal or railroad, which the route of such elevated way shall intersect or touch; but such corporation shall restore the stream, water course, street, highway, plank road, turnpike and railroad thus intersected or touched, to its former state, or to such state as not unnecessarily to have impaired its usefulness, and keep such crossing in repair; Provided, that in no case shall any company construct its way without first constructing the necessary culverts and sluices as the natural lay of the land requires for the necessary drainage thereof.

Nothing in this act contained shall be construed to authorize the erection of any bridge, or any other obstruction, across or over any stream navigated by steamboats, at the place where any bridge or other obstruction may be proposed to be placed, so as to prevent the navigation of such stream; nor to authorize the construction of any elevated way or conveyor upon or across any street in any city or incorporated town or village, without the assent of the corporation of such city, town or village; Provided, that in case of the construction of said elevated way or conveyor along highways, plank roads, turnpikes, canals or railroads, such company shall either first obtain the consent of the lawful authorities having control or jurisdiction of the same, or condemn the same under the provisions of any eminent domain law, now or hereafter in force in the State.

[For use of streets for elevated railways, see page 287j.

THE WASHINGTONIAN HOME.

AN ACT to amend an act entitled "An act to incorporate the Washingtonian Home of Chicago.'" [Approved February 16, 1867. In force July 1, 1883. L. 1883, p. .]

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SEC. 1. Be it enacted by the State of Illinois, represented in the General Assembly, That section seven (7) of an act entitled "An act to incorporate the Washingtonian Home of Chicago,'" approved February sixteenth, eighteen hundred and sixty-seven, be and the same is hereby amended to read as follows:

*89. Receipts from licenses limited. § 7. It shall be the duty of the treasurer of the county of Cook and the treasurer of the city of Chicago, or of the officers of either, into whose hands the same may come, or be paid, to pay over to said corporation, in quarterly instalments, for the support and maintenance of said institution, ten per cent, of all moneys received for all licenses granted by authority of said

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county or city, for the right or privilege to vend or sell spirituous liquors, vinous or fermented liquors within the said county of Cook and city of Chicago. Provided, that in no case shall the sum so paid out of the treasury of the city of Chicago for or during any year, exceed the sum of twenty thousand dollars, and the treasurer of the city of Chicago shall not, during or for any year, pay out of the moneys so received by him for licenses as aforesaid, to said corporation, a sum exceeding twenty thousand dollars.

DETECTION AND APPREHENSION OF HORSE THIEVES AND OTHER FELONS.

AN ACT to authorize the formation of companies for the detection and apprehension of horse thieves and other felons. This law was returned by the governor July 7, 1885, to the secretary of state, without his approval or veto, and is in force from July 7, 1885. Amended June 28, 1887. In force July 1, 1887, without the signature of the governor.]

*89. Who may organize. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That any number of citizens, not less than ten (10), are hereby authorized to form themselves into a company for the purpose of detecting and apprehending of horse thieves, incendiaries and all other criminals against the laws of the State of Illinois, as hereinafter provided. Such number of citizens forming articles of association shall be charter members and may add to their number, or expel members according to the provision of their constitution and by-laws.

*90. Articles of association; recording, etc. § 2. Persons forming any such company shall each subscribe to articles of association, in which shall be set forth the name of said company and their place of meeting. Said articles of association shall be filed and recorded with the recorder of deeds in the county in which the meeting of such company is fixed by said articles of association, and a certified copy of such record shall be received as evidence in any court of this State of the existence of such company.

#91. Completion of organization. § 3. Whenever said articles of association shall be filed, as above provided, the said company, under the name and style which they may designate, shall be a body politic and corporate, and by such name may sue and be sued, plead and be impleaded in any court of competent jurisdiction in this State, and shall have succession during any time, may have and use a common seal and alter the same at pleasure.

*92. By-laws; enactment and enforcement. § 4. Such companies shall have power to adopt a constitution and by-laws for their government, and enforce obedience to the same; which constitution and by-laws shall be consistent with the constitution and laws of this State and the United States.

*93. Peace officers to aid. § 5. Such companies shall have power to call to their aid the peace officers of this State, in accordance

with law in the pursuit and apprehension of criminals and the recovery of stolen property, and at any regular meeting may elect any number of their members as they deem best to act as special constables, and shall hold their office for one year, and shall have all the rights and privileges of constables when engaged in the pursuit of criminals and the recovery of stolen property. Each company so electing special constables shall, by their president and secretary, make a list of such persons so elected, which list shall state the names and residence of each person so elected as special constables, which list shall be filed and recorded in the office of the recorder of deeds in the county in which said company exists. A certified copy of such record shall be evidence in any court in this State of the existence of such special constables. In case of vacancies occurring by death, or otherwise, of any of the special constables in any company, said company can fill the vacancies by election and having the same recorded as herein provided for the election of special constables.

94. Record to be kept. 6. It shall be the duty of any company so forming articles of association to provide a suitable book for the recording of its articles of association and the name of each member as subscribed to the articles of association and the names of all new members, the date the same were taken in, the names of all members withdrawn or expelled, the date of the same, and in a separate place the names of the members elected as special constables with the date of their election and the date of the filing of the list of their election, which book when sworn to by their secretary to be a correct record for the purpose it is kept, shall be evidence in any court of the legal members belonging thereto.

95. Prior organizations within the act. § 7. Such companies heretofore organized under an act of the general assembly of this State in eighteen hundred and seventy-four, authorizing the formation of corporations for other than profit, or any act amendatory thereof, or by an act entitled "An act for the formation of companies for the detection and apprehension of horse thieves and other felons," in force July seventh, eighteen hundred and eighty-five, shall have all the rights and benefits of this act during their existence, provided such companies heretofore organized shall comply with the provisions of the fifth section of this act in relation to the election of special constables and having the same recorded as therein provided, and of the provisions of the sixth section of this act, in relation to providing and keeping a book of record of the names of members, and the articles of association, charter, or permit.

96. Repealing clause. § 8. All acts and parts of acts in conflict with this act is hereby repealed.

SURETY COMPANY.

AN ACT to enable corporations created for that purpose to tranasact a surety business in this State, and to become the surety on bonds required by law. [Approved May 13, 1887. In force July 1, 1887. L. 1887, p. 143.]

97. Who may transact a surety business — conditions. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That any company with a paid up capital of not less than two hundred and fifty thousand dollars, incorporated and organized under the laws of this or any State of the United States, for the purpose of transacting business as surety on obligations of persons or corporations, and which has complied with all the requirements of the law regulating the admission of insurance companies to transact business in this State, may transact such surety business in this State, and may also, upon production of evidence of solvency and credit, satisfactory to the judge, head of department, or other officer authorized to approve such bond, be accepted as surety upon the bond of any person or corporation required by the laws of this State to execute a bond, and if such surety company shall furnish satisfactory evidence of its ability to provide all the surety required by law, no additional surety may be exacted, but other surety may, in the discretion of the official authorized to approve such bond, be required, and such surety may be released from its liability on the sa ne terms and conditions as are by law prescribed for the release of individuals, it being the true intent and meaning of this act to enable corporations, created for that purpose, to become the surety on all bonds required by law, subject to all the rights, conditions and liabilities of private parties: Provided, that the licensing of any company authorized to transact a surety business in this State, shall cease and determine, who shall remove, or make application to remove, into any United States court, any action or proceedings commenced in any of the State courts of this State upon any claim or cause of action arising out of any business transaction in fact done in this State, any permission, consent, agreement, condition or provision incorporated in any contract, mortgage, note, bond, obligation or policy of surety authorizing or consenting to such removal, to the contrary notwithstanding.

98. Estoppel from denying agent's authority. 2. Any company which shall execute any bond as surety under the provisions of this act, shall be estopped in any proceedings to enforce the liability from denying the authority of the agent or officer executing such bond and undertaking such liability by and on behalf of such company.

99. Venue of suit against such corporation. § 3. All actions brought against any company or corporation organized or doing business under this act may be brought in any county where the cause of action occurred, or where the plaintiff or complainant resides, or in any county where the company or corporation does business, and process may be directed to any county in this State for service and return.

CO-OPERATIVE ASSOCIATIONS.

AN ACT to provide for the incorporation of co-operative associations for pecuniary profit. [Approved May 31, 1887. In force July 1, 1887. L., 1887, p. 134.]

100. Articles of association — license to commissioner. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever any number of persons not less than three nor more than seven, may desire to become incorporated as a co-operative association for the purpose of prosecuting any branch of industry, they shall make a statement to that effect under their hands and seals, duly acknowledged, before some officer in the manner provided for the acknowledgment of deeds, setting forth the name of the proposed corporation, its capital stock, its location, and duration of the association, and the particular branch of industry which they intend to prosecute, which statement shall be filed in the office of the secretary of State. The secretary of State shall thereupon issue to such persons a license as commissioners to open books for subscription to the capital stock of such association, at such time and place as they may determine. No license shall be issued to two associations of the same name. The name of the city, village or town in which the association may be located shall form no part of the name.

101. Limitation as to shares in capital stock. § 2. No person shall be permitted to subscribe more nor less than one share to the capital stock of such association, nor shall any person be permitted in any manner to own or control more or less than one share in such association.

102. Meeting of subscribers -election of directors. $3. As soon as ten shares or more of the capital stock shall be subscribed, the commissioners shall convene a meeting of the subscribers for the purpose of electing directors, adopting by-laws and transacting such other business as shall properly come before them. Notice thereof shall be given by depositing in the post-office, properly addressed to each subscriber, at least ten days before the time fixed, a written or printed notice, stating the object, time and place of such meeting. Directors of associations organized under this act shall be elected, classified and hold their office for such period of time as is provided by general law governing the election and classification of directors, trustees or managers of corporations.

103. Comissioners report-certificate of organization -when license lapses. 4. The commissioners shall make a full re port of their proceedings, including therein a copy of the notice provided for in the foregoing section, a copy of the subscription list, a copy of the by-laws adopted by the association, and the names of the directors elected and their respective terms of office, which report shall be sworn to by at least a majority of the commissioners, and shall be filed in the office of the secretary of State. The secretary shall thereupon issue a certificate of the complete organization of the association,

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