In force, Feb.[February] 22, 1839.
AN ACT to incorporate the German Library Society of St. Clair county.
1Preamble.
Whereas several citizens of the county of St. Clair, who have originally emigrated from Germany, have formed themselves into a society for the purpose of acquiring and disseminating
general and useful knowledge; and whereas such an undertaking is deserving legislative
sanction: Therefore,
Body politic.
Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the said society be, and they are hereby, constituted a body politic and corporate, to be known by the name of “The president
and directors of the German Library Society of St. Clair county,” and by that name shall have perpetual succession, and a common seal, and may change
and alter the same at pleasure.
Library not to be divided or removed.
Sec. 2. That said library shall never be divided or sold, or otherwise disposed of; nor shall it ever be removed out of the limits of the county
of St. Clair.
Sec. 3. That said library, and all the real or personal estate belonging to it, shall be held in joint tenantry
by the respective members of the said society; and no member shall be entitled to withdraw or transfer his interest in the same
to any member or person whatsoever.
Time and place of meeting.
Election of officers.
Proviso.
Further proviso.
Sec. 4. That the members of said society shall meet in the county of St. Clair, on the third Saturday of March next, and shall elect by ballot, separately, a president, two directors, and two vice-directors; the two directors to be styled
the
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librarian and the treasurer, whose respective duties shall be defined in the by-laws, rules, and regulations of said society; and said members shall hereafter, annually, elect the said officers in the manner
aforesaid, on such a day and at such places as they may choose: Provided, That no member shall be allowed to vote by proxy in elections or any other cases:
And further provided, That female members of said society shall not be permitted to vote in said elections or any other cases.
Term of office.
Sec. 5. That the said officers so elected shall continue in office one year, and until others
are elected in their stead; and they, or any two of them, shall have power to convene
the said society on special occasions.
Sec. 6. That every person, whether a resident of the county of St. Clair or not, shall be admitted a member of said society, by paying an initiary fee and the ordinary contributions for the year being, and
by signing the constitution of said society.
By-laws.
Sec. 7. That the members of said society in their meetings shall have power to enact such by-laws, rules, and regulations as they , or a majority of them, may think best calculated
to promote the general welfare of this institution, not contrary to the constitution and laws of this State.
Powers.
Proviso.
Sec. 8. That the president and directors shall be capable, in law, of suing and being sued, pleading and being impleaded, answering and being answered
unto, defending and being defended, in all courts and places whatsoever; and also
that they and their successors, by that name and style, shall be capable, in law,
of purchasing, holding, receiving, and conveying any estate, real or personal, for
the use of said corporation: Provided, That the real estate so purchased shall be such only as shall be necessary to promote
or obtain the object of this corporation.
Sec. 9. That the said president and directors shall have power to demand and receive
the money, books, and maps already given to said institution, or in any other way belonging to it, and expend the money in the purchase of books
and for other objects and purposes as directed by the said members in their meetings,
and according to the by-laws, rules and regulations.
Fines.
Sec. 10. That all moneys hereafter accruing from fines, donations, and contributions, or from
any other source, shall be laid out in books, and for other purposes necessary for
the institution, by said directors, according to the directions of the said members in their meetings,
and according to the by-laws, rules, and regulations.
Sec. 11. That the said members, or a majority of them, shall have power, in the by-laws, rules, and regulations, to assess moderate fines for non-attendance, and for breaches
of the by-laws, generally, and for damaging, destroying, losing or improperly detaining books belonging
to the library.
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Expulsion of members.
Sec. 12. That any member may be expelled from the society by a vote of a majority of all the members of the society, but shall have the right of being heard in his defence.
Assessment of yearly contribution.
Sec. 13. That the said members, or a majority of them, shall yearly assess the amount of contribution to be paid by every member for said
year, and shall appoint a certain day when the said contribution is to be paid to
the treasurer; and each new member, upon his admittance, shall pay the sum of three
dollars as an initiating fee: Provided, That such as were formerly members, and widows of members, shall pay no such fee.
Right, how forfeited.
Sec. 14. The members expelled under the twelfth section of this act, or who voluntarily withdraw, or do not pay their contribution money according to
the by-laws, rules, and regulations relating thereto, shall forfeit all their right, claim, and
title in the said library.
Officers.
Sec. 15. Theodore Hilgard, senior, is hereby appointed president; and Gustavus P. Koerner, Albrecht H. Trapp, John Sheel, and Theodore Kraft, directors of said corporation; who are authorized to act until successors are appointed
under the provisions of this act; and said president and directors are hereby authorized
to take all steps and do all acts necessary to organize said society, and carry into effect the provisions of this act.
Approved, February 22, 1839.
1On January 29, 1839, Senator John Murray introduced SB 156 in the Senate, and the Senate referred the bill to the Committee on the Judiciary. On February
2, the Senate passed the bill. On February 4, the House of Representatives referred the bill to the Committee on Education. On February 11, the Committee on
Education reported the bill with amendments, and the House concurred in those amendments.
On February 15, the House passed the bill as amended. On February 19, the Senate concurred
in the House amendments. On February 22, the Council of Revision approved the bill and the act became law.
Journal of the House of Representatives of the Eleventh General Assembly of the State
of Illinois, at Their First Session, Begun and Held in the Town of Vandalia, December
3 1838 (Vandalia, IL: William Walters, 1838), 337, 343, 378, 414, 454, 479; Journal of the Senate of the Eleventh General Assembly of the State of Illinois, at
Their First Session, Begun and Held in the Town of Vandalia, December 3, 1838 (Vandalia, IL: William Walters, 1838), 243, 248, 265, 339-340, 354, 387.
Printed Document, 3 page(s), Incorporation Laws of the State of Illinois, Passed by the Eleventh General Assembly (Vandalia, IL: William Walters, 1839), 101-03, GA Session: 11-1,