tion, 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 toll road, 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[*1064] 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 establish 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. Whenever the county board of any county shall deem it for the public interest that any tollroad 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, macadamized 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 the extension of its road, may extend its

road at either end, by giving the notice required in section three (3) of this act, and obtaining the consent as provided in sections one (1) and four (4) of this act. And whenever any such company shall have extended its road as aforesaid any distance not less than one-half mile, and so, from time to time, as often as one-half mile in addition shall be completed adjoining that previously constructed, the county board of the county in which the road lies, shall, on application, 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 completed 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. [As amended by act approved May 11, 1877. In force July 1, 1877. L. 1877, p. 211.

AN ACT to revise the law in relation to township oganization. [Approved and in

force March 4, 1874.]

ARTICLE I.

HOW TOWNSHIP ORGANIZATION ADOPTED.

1. At general election. SEC. 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 qual ified voters in any county may vote for or against township organization in such county.

[L. 1861, p. 216, § 1.

See Const., art. 1o. County of R. I. v. Steele, 31 Ill. 543 People v. Brislin, 80 Ill. 423; C. & N. W. Ry. Co. v. People, 83 Ill. 467: Town of La Salle v. Blanchard, 1 Brad. 638.

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 question 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'; People v. Garner, 47 Ill. 247; 1 Brad, 638.

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 town[*1067] ship 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; People v. Brown, 11 Ill. 478; People v. Garner, 47 Ill. 247; Melvin v. Lisenby, 72 Ill. 63; Greeley v. People 60 Ill. 19.

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; People v. Garner, 47 Ill. 247; Martin v. People, 87 Ill. 526. 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; Town of Jefferson v. People, 87 Ill. 506; Martin v. People, 87 III. 526.

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.