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General provisions.

devise or purchase, land, not exceeding in quantity (including that already held by such corporation) ten acres, and may erect or build thereon such houses, buildings or other improvements as it may deem necessary for the convenience and comfort of such congregation, church or society, and may lay out and maintain thereon a burying ground; but no such property shall be used except in the manner expressed in the gift, grant or devise, or, if no use or trust is so expressed, except for the benefit of the congregation, church or society for which it was intended.

43. POWERS OF TRUSTEES AND SOCIETY OVER PROPERTY.] § 43. The trustees shall have the care, custody and control of the real and personal property or the corporation, subject to the direction of the congregation, church or society, and may, when directed by the congregation, church or society, erect houses or buildings and improvements, and repair and alter the same, and may, when so directed, mortgage, incumber, sell and convey any real or personal estate of such corporation, and enter into all lawful contracts in the name of and in behalf of such corporation: Provided, that no mortgage, incumbrance, sale or conveyance shall be made of any such estate, so as to defeat or destroy the effect of any gift, grant, devise or bequest which may be made to such corporation; but all such gifts, grants, devises and bequests shall be appropriated and used as directed or intended by the person or persons making the same.

44. EXISTING SOCIETIES MAY ORGANIZE UNDER THIS ACT.] § 44. Any congregation, church or society, heretofore incorporated under the provisions of any law for the incorporation of religious societies, may become incorporated under the provisions of this act, relative to religious societies, in the same manner as if it had not previously been incorporated, in which case the new corporation shall be entitled [to] and invested with all the real and personal estate of the old corporation, in like manner and to the same extent as the old corporation, subject to all the debts, contracts and liabilities. The word trustees, wherever used in this act, shall be construed to include wardens and vestrymen. or such other offi cers as perform the duties of trustees.

45. CAMP GROUNDS.] § 45. Any congregation, church or society, incorporated under this act, may receive, by grant, devise or bequest, real estate, not exceeding forty acres, for the purpose of holding camp meetings, and may put such improvements thereon as they may deem for their comfort and convenience. The title to such real estate shall be in such corporation, subject to like conditions as are provided in this act in regard to other real estate held by such corporation. 46. RIGHT TO PUBLISH, ETC., BOOKS, ETC.] § 46. The trustees, or any other persons designated by any such congregation, church or society incorporated under this act, shall have power to publish, print, circulate, sell or give away such religious, Sabbath school and missionary tracts, periodicals or books as they may deem necessary to the promotion of religion and morality.

GENERAL PROVISIONS.

47. LEGISLATIVE CONTROL RESERVED.] § 47. This act is subject to any limitation or modification which may be hereafter enacted by general law, as to the amount of real estate and personal property to be held by the corporations respectively provided for herein for religious purposes.

48. PRIOR ACTS REPEALED AS TO FUTURE ORGANIZATIONS. § 48. No corporation, association or society for any purpose authorized by this act shall be formed under any other act.

49. REPEAL-SAVING.] § 49. All acts or parts of acts in conflict with the provisions of this act are hereby repealed: Provided, that the repeal of said acts shall not affect any corporations existing under any such acts, or any rights or liabilities that may have accrued when this act shall take effect; but such rights and liabilities shall remain as though this act had not been passed.

[NOTE.-See Statutes, ch. 131, § 6. The act of 1869 (L. 1869, p. 67,) in regard to catholic churches, etc., is not repealed by title, but see § 48 above.

CHANGING NAME AND PLACE OF BUSINESS; INCREASING AND DECREASING CAPITAL STOCK AND NUMBER OF DIRECTORS; CONSOLIDATION.

AN ACT to provide for changing the names, for changing the places of business, for increasing or decreasing the capital stock, for increasing or decreasing the number of directors, and for the consolidation of incorporated companies. [Approved and in force March 26, 1872.]

50. MEETING OF STOCKHOLDERS FOR-RESTRICTION.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever the board of directors, managers or trustees of any corporation existing by virtue of any general or special law of this state, or any corporation hereafter organized by virtue of any law of this state, may desire to change the name, to change the place of business, to increase or decrease the capital stock, to increase or decrease the number of directors, managers or trustees, or to consolidate said corporation with any other corporation now existing, or which may hereafter be organized, they may call a special meeting of the stockholders of such corporation, for the purpose of submitting to a vote of such stockholders the question of such change of name, change of place of business, increase or decrease of number of directors, managers or trustees, increase or decrease of capital stock, or consolidation with some other corporation, as the case may be: Provided, that in changing the name of any corporation, under the provisions hereof, no name shall be assumed or adopted by any corporation similar to, or liable to be mistaken for, the name of any other corporation organized under the laws of this state, without the consent of such other corporation; and that in no case shall the capital stock be diminished to the prejudice of the creditors of such corporation, or the number of directors, managers or trustees be reduced to less than five, or increased to more than eleven: And, provided, further, that no corporation shall, by virtue hereof, change its place of business from any town, county or munici pality where such town, county or municipality, or any of the inhabitants thereof, or any person or persons interested therein, shall have donated or in any manner contributed any money or other valuable thing to induce such corporation to locate in such town, county or municipality: And, provided, further, that the provisions of this act, in reference to the consolidation of corporations, shall only apply to corporations of the same kind, engaged in the same general business, and carrying on their business in the same vicinity, and that no more than two corporations now existing shall be consolidated into one, under the provisions hereof. [See "R. R. and W.,” ch. 114, § 15.

51. NOTICE OF MEETING.] § 2. Such special meeting shall be called by delivering personally, or depositing in the post office, at least thirty days before the time fixed for such meeting, a notice, properly addressed to each stockholder, signed by a majority of said directors, managers or trustees, stating the time, place and object of such meeting. A general notice of the time, place and object of such meeting shall also be published, for three successive weeks, in some newspaper printed in or nearest the county in which the principal business office of said corporation is located.

52. MANNER OF VOTING-TWO-THIRDS NECESSARY.] § 3. At any such meeting, stockholders may vote in person or by proxy, each stockholder being entitled to one vote for each share of stock held by him; and votes representing twothirds of all the stock of the corporation shall be necessary for the adoption of the proposed change of name, place of business, number of directors, managers or trustees, amount of capital stock, or consolidation with some other company. 53. CERTIFICATES OF VOTE FILED-CHANGES ACCOMPLISHED.] § 4. If, at any regular annual meeting, or at the time and place specified in said notice of a special meeting called for that purpose, said propositions, or any of them, be submitted to a vote, and if it shall appear that two-thirds of all the votes represented by the whole stock of such corporation are in favor of the propositions or of any of them, so submitted, a certificate thereof, verified by the affidavit of the president, and under seal of said corporation, shall be filed in the office of the secre

Changing name, etc.

tary of state, and a like certificate filed for record in the office of the recorder of deeds of the county where the principal business office of such corporation is located. And upon the filing of said certificate, the changes proposed and voted for at such meeting, as to name, place of business, increase or decrease of capital stock, or number of directors, managers or trustees, or consolidation with some other company, shall be and is hereby declared accomplished in accordance with said vote of the stockholders: And, provided, further, that any corporation, other than corporations for manufacturing purposes, availing itself of or accepting the benefits of or formed under this act, (except the mere change of name,) shall be subject to the general laws of this state now in force, or which may hereafter be passed, regulating corporations of like character.

54. NOTICE OF CHANGE.] § 5. Such corporations shall, upon the filing of said certificate, cause to be published in some newspaper in, or nearest the county in which their principal office is located, a notice of such changes of organization, for three successive weeks.

55. ACT EXTENDED TO CORPORATIONS OTHER THAN STOCK.] § 6. Corporatious, not being stock companies, may avail themselves of all the privileges and provisions of this act, by a majority vote of the members of such corporations who may be present at a meeting called for any of the purposes included in this act.

56. RIGHTS PRESERVED.] § 7. Such change of name, place of business, increase or decrease of capital stock, increase or decrease of number of directors, managers or trustees, or consolidation of one corporation with another, shall not affect suits pending, in which such corporation or corporations shall be parties; nor shall such changes affect causes of action, nor the rights of persons in any particular; nor shall suits brought against such corporation by its former name be abated for that cause. [See § 59.

57. CONSOLIDATION OF RAILROAD COMPANIES-NOTICE.] § 8. Whenever any railroad corporation shall desire to consolidate with any other railroad corporation, by virtue of the provisions of this act, a notice, as provided by section two of this act, shall be given at least sixty days before the time fixed for such meeting, and a general notice, as provided by said section two, shall be published for nine successive weeks: Provided, that railroad corporations shall not consolidate their stock, property or franchises with any other railroad corporation owning a parallel or competing line.

58. EMERGENCY.] 89. Whereas a large number of corporations in this state desire to change their names, and in other respects to comply with the terms of this act, whereby an emergency has arisen as a reason why this act should take effect forthwith: therefore this act shall take effect and be in force from and after its passage.

AN ACT in relation to the consolidation of incorporated companies. [Approved March 9, 1867. In force May 9, 1867. L. 1867, p. 80.]

59. CONSOLIDATED COMPANY LIABLE FOR DEBTS OF ORIGINAL COMPANIES.] § 1. In all cases when any company or corporation, chartered or organized under the laws of this state, shall consolidate its property, stock or franchises with any other company or companies, such consolidated company shall be liable for all debts or liabilities of each company included in said consolidated company, existing or accrued prior to such consolidation; and actions may be brought and maintained, and recovery had therefor, against such consolidated company. [See § 56.

May act by attorney.

AN ACT to authorize corporations to act by attorney. [Approved and in force Feb. 16, 1865. L. 1865, p. 24.]

60. CORPORATIONS MAY ACT BY ATTORNEY.] § 1. Any corporation, subsisting by the laws of other states or counties, may constitute and empower, by letter of attorney, any person or persons to act as its agent, in the state of Illinois, for the performance of such acts and doing such business as such corporation may be authorized to perform and do by the laws of the state of Illinois; and all instruments in writing, whether with or without seal, and all acts and things executed or done by such duly qualified agent, shall have the same force and effect, and be as valid and binding in law, as if executed and done, in due form of law, by the corporation for whom such agent may act; and any scrawl or seal written or affixed by such agent, so duly empowered, shall be deemed and considered, in such particular instance, as the corporate seal of the corporation for whom such agent is authorized as aforesaid to act: Provided, that this act shall not apply to railroad corporations.

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AN ACT to revise the law in relation to costs. [Approved February 11, 1874. In force July 1, 1874.]

1. SECURITY FOR COSTS.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in all actions in any court of record on official bonds for the use of any person, actions on the bonds of execu tors, administrators or guardians, qui tam actions, actions on a penal statute, and in all cases in law or equity, where the plaintiff, or person fór whose use an action is to be commenced, shall not be a resident of this state, the plaintiff, or person for whose use the action is to be commenced, shall, before he institutes such suit, file, or caused to be filed, with the clerk of the court in which the action is to be commenced, security for costs, substantially in the following form:

A B, vs. C D-(Title of court.)

I, (E F.) do enter myself security for all costs which may accrue in the above cause.
Dated this day of
A. D. 18..

(Signed) E F.

[Security for costs before justice; see "Justices and Constables," ch. 79, § 15, 16; R. S. 1845, p. 126, § 1.

2. APPROVAL-EFFECT OF BOND.] § 2. Such instrument shall be signed by some responsible person, being a resident of this state, to be approved by the clerk, and shall bind such person to pay all costs which may accrue in such action, either to the opposite party or to any of the officers of the court in which the action is commenced, or to which it is removed by change of venue or appeal. [R. S. 1845, p. 126, § 1.

3. DISMISSAL FOR WANT OF SECURITY FOR COSTS.] § 3. If any such action shall be commenced without filing such instrument of writing, the court, on motion, shall dismiss the same, and the attorney of the plaintiff shall pay all costs accruing thereon, unless the security for costs shall be filed within such time as shall be allowed by the court, and when so filed it shall relate back to the commencement of the suit; the right to require security for costs shall not be waived by any proceeding in the cause. [R. S. 1845, p. 126, § 2.

4. WHEN PLAINTIFF BECOMES NON-RESIDENT OR UNABLE TO PAY, ETC.] § 4. If, at any time after the commencement of any suit by a resident of this state, he shall become non-resident; or, if in any case the court shall be satisfied that

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