CHARTER
RAILROAD COMPANY,
TEREE HAUTE & ALTON RAILROAD COMPANY,
BELLEVILLE & ILLINOISTOWN RAILROAD COMPANY,
WITH TIIK SEVERAL AMENDMENTS THERETO,
A ND TIIK
GENERAL RAILROAD LAW
STATE OF ILLINOIS.
ST. J^ O U 1 IS :
K. P. 8TUDLEY AND CO., PK1NTEKS, HINDERS AND LITIIOOKAFIIKK6, S. \V. O.OI4. MATN AND OI.IVK. STS.
1 8 6 3 .
CHARTER
TERRB HAUTE & ALTON RAILROAD COMPANY,
BELLEVILLE & ILLINOISTOWN RAILROAD COMPANY,
WITH THE SEVERAL AMENDMENTS THEKETO,
AND THE
GENERAL RAILROAD LAW
STATE OF ILLINOIS.
ST. LOUIS:
B. P. 8TUDLBT AND CO., PRINTERS, B1NDKBS AND LITHOGKAPHKR8, 8. W. COB. MAIN AND OLIVE ST8.
1863.
CONTENTS.
PAGB
Charter of the Terre Haute and Alton Railroad Company, in Illinois, Jan-
uary 28, 1851 3
Charter of the Terre Haute and Alton Eailroad Company, in Indiana, Feb-
ruary 11, 1851, 6
Extract from Act of February 12, 1851, repealing virtually part of section 14
of General Railroad Law, as to the liability of Stockholders, 8
Amendments to Charter, passed February 12, 1853, 8
28, 1854, 9
Act authorizing arrangements with the Belleville and Illinoistown Railroad
Company, and the Chicago, Alton and St. Louis Railroad Company,... 10
Charter of the Belleville and Illinoistown Railroad Company, 13
Charter of the St. Louis, Alton and Terre Haute Railroad Company, in Illi-
nois, February 18, 1861, 22
Charter of the St. Louis, Alton and Terre Haute Railroad Company, in In-
diana, March 5, 1861 29
Act authorizing the St. Louis, Alton and Terre Haute Railroad Company to
form a connection with the Illinois Central Railroad, February 13, 1863, 34
Act authorizing the St. Louis, Alton and Terre Haute Railroad Company to
form a connection with the "Wabash Valley Railroad, February 20, 1863, 35
Certificate of incorporation of the St. Louis, Alton and Terre Haute Railroad
Company, State of Illinois, June 4, 1863, 36
General Railroad Law of Illinois, 38
Act supplemental to the General Railroad Law of Illinois, November 6, 1849, 56
Act to enable Railroad Companies to consolidate their stock, February 28, '54, 58
Act to facilitate the construction of Railroads, 61
Act to enable Railroad Companies to enter into operative contracts, and to
borrow money, February 12, 1855, 62
Act to provide for a general system of Railroad Incorporations, 63
Law relative to Right of Way, June 22, 1852 64
SPECIAL CHARTER ILLINOIS.
AN ACT
To Incorporate the Terre Haute and Alton Railroad Company.
SECTION 1. Be it enacted by the people of the State of Illinois, incorpora-
represented in the General Assembly, That Robert Smith, Cyras
Edwards, Sirneon Ryder, Samuel Wade, Thomas G. Hawley, Rob-
ert Ferguson, Philander C. Huggins, John S. Hayward, Joseph T.
Eccles, George Burnap, Thomas Phillips, Thomas A. Gray, William
Wood, William F. Thornton, Joseph L. Dexter, John D. Bruster,
Joseph Oliver, John Ward, John Small, Byrd Munroe, Hezekiah J.
Ashmore, John M. Eastin, James Cunningham, Ebenezer Noyes,
Isaac Sanford, Richard B. Sutherland, Alanson Baldwin, George
Redman, and all other persons who have or may become stock-
holders in the capital stock of the corporation hereinafter mentioned,
in conformity with the provisions of " An act to provide for a gen-
eral system of railroad incorporations," enacted by the General
Assembly of the State of Illinois, and approved November 5th,
1849, and to the provisions of this act, they and their associates,
successors and assigns, shall be and are hereby created a body poli-
tic and corporate, by the name of " THE TERRE HAUTE AND ALTON Name.
RAILROAD COMPANY ;" and by that name they and their successors
and assigns shall and may continue for the term of fifty years, from
and after the passage of this act; and are hereby authorized and Authority to
empowered to construct and complete, and during its existence, to road!
maintain and continue a railroad, with a single or double track, and
with all such appendages as may be necessary for the convenient
use of the same, commencing at a point on the State line, between
the States of Indiana and Illinois, in a direction from Terre Haute,
Indiana ; thence to Paris, in Edgar county ; thence to Charleston,
in Coles county ; thence to Shelbyville, in Shelby county ; thence
to Hillsboro, in Montgomery county; thence to Bunkerhill, in
4 RAILKOAD LAWS.
Macoupin county ; and thence to Alton, on the Mississippi river, in
the State of Illinois.
Capital SEC. 2. The capital stock in said company shall consist of two
millions of dollars, to be divided into shares of fifty dollars each, as
fixed in the articles of association, formed and adopted at a conven-
tion of the stockholders of said company, held at Paris, in Edgar
county, in the State of Illinois, on the 3d day of June, A. D. 1850,
and filed with the Secretary of State, on the 15th day of January,
A. D. 1851.
TO opn SEC. 3. The corporation shall cause books to be opened for sub-
scription to the capital stock, at such times and places as they may
choose, and shall give at least thirty days notice thereof, by pub-
lication in a newspaper published in the town or city where said
books may be opened ; and if there be no newspaper published
therein, then in the nearest newspaper thereto.
Sutwcrip- SEC. 4. It shall be lawful for all persons of lawful age, or for the
agent of any corporate body, or agent of any State, or of the United
States, duly authorized in behalf of the same, to subscribe to any
amount of capital stock : Provided, That the directors of said cor-
poration may, at their discretion, limit the amount of stock that any
person, corporation or any agent may subscribe in their own name,
or in the name of any other person.
Payments SEC. 5. The corporation may require each subscriber to pay an
!ng. su ' " amount at the time of subscribing, not exceeding five dollars on
each share, as shall be thought proper: Provided, That due notice
shall be given thereof, before the opening of the books as aforesaid.
Thirteen di- SEC. 6. As soon as five hundred thousand dollars of the capital
elected. stock is subscribed, and the fixed amount paid on each share, it
shall be the duty of the directors named in the articles of association,
before referred to, to call a meeting of the stockholders for the
election of thirteen directors, who shall be stockholders to the
amount of at least twenty shares ; and the said directors shall give
thirty days' notice of the time and place of said meeting, by publi-
cation in at least two newspapers published on said line of road ;
and the said election shall be conducted by two judges, appointed
by the stockholders present ; and the persons having a plurality of
votes, shall be declared duly elected. In all elections the holding
* Increased by section 3 of act of 12th February, 1853, to $4,000,000; (page 9;) also, may be
Increased to any amount deemed necessary. See act of 12th February, 1855, (page 62.)
RAILROAD LAWS. O
of one share shall entitle the person to one vote ; and votes may be
given by the person owning the same, or by one of several partners,
or by the husband, father, mother, executor, administrator, guardian
or trustee, or by the authorized agent of any corporation, State, or
of the United States, or any person having a right to vote, may vote
by written proxy.
SEC. 7. Whenever the aforesaid sum of five hundred thousand May com-
dollars is subscribed as aforesaid, the said corporation may com_$50o,ooo V e j s
mence, construct and complete the aforesaid railroad.
SEC. 8. All elections after the first, in relation to the officers of this Election,
corporation, shall be held on the first Monday of June annually, under of!iime mlay
the direction of three stockholders, not directors at the time, to be ap-
appointed by an order of the board of directors, at a previous meeting;
Provided, That said directors may cause elections to be held on any
other day, should there be no election at the time fixed in this section.
SEC. 9. The directors provided for shall continue in office for Directors
one year, and until their successors are elected and qualified, and a til succes-
raajority shall form a quorum for the transaction of business. ted!
SEC. 10. The said corporation is hereby authorized, by and with the Authority to
consent of the State of Indiana, to extend said railroad to Terre ^ te Terr aa
Haute, Indiana, or to form a connection with any company that may Haute -
be formed for that purpose, by the authority of the State of Indiana.
SEC. 11. The said company is hereby authorized to borrow May borrow
money; and for that purpose may issue bonds, to bear an interest bon 8 e bear"
not exceeding eight per cent, per annum, to aid in the construction c^t. lg ^nter-
of said railroad ; but the payment of said bonds shall be secured by the'm an< at 8el a
said road and its appendages, and the franchises and property of discount -
said corporation ; and all sales of bonds for a less amount than par
value, shall be good and valid, and as binding upon said corporation
as if the same were sold for their full value : Provided, that nothing
in this act shall be so construed as to confer upon said company
hanking privileges.
SEC. 12. This act shall take effect and be in force from and after
its passage, and shall be taken and deemed to be a special act.
SIDNEY BREESE,
Speaker of the House of Representatives.
WILLIAM M'MURTRY,
Speaker of the Senate,
APPROVED January 28, 1851.
A. C. FRENCH.
RAILROAD LAWS.
UNITED STATES OF AMERICA, ) M
STATE OF ILLINOIS. )
I, DAVID L. GREGG, Secretary of State, do hereby certify, that the
foregoing is a true copy of the enrolled law, now on file in my office.
In testimony whereof, I have hereunto set my hand and the great seal
of State, at the city of Springfield, this 28th day of January, A.
[L. s.] D., 1851, and of the Independence of the United States, the sev-
enty-fifth.
DAVID L. GEEGG, Secretary of State.
SPECIAL CHARTER INDIANA.
AN ACT
To Extend the Terre Haute and Alton Railroad.
Authority to SECTION 1. Be it enacted by the General Assembly of Ike State
from state of Indiana, That the TERRE HAUTE AND ALTON RAILROAD COM-
nois to Terre PANY, as chartered by the Legislature of the State of Illinois, and
approved of January 28th, 1851, and by and under an act to pro-
vide for a general system of railroad incorporations in said State, in
force November 6th, 1849, be permitted to extend their said rail-
road from the eastern line of the State of Illinois, through the State
of Indiana, to the city of Terre Haute, and into the same ; and
that said corporation shall have all the rights, powers and privile-
ges, in taking land, and doing all things necessary to carry on and
maintain their railroad perpetually, as granted to said corporation
by the above acts, by the Legislature of the State of Illinois.
May build a SEC. 2. Said company shall have power, and it is hereby author-
bridge over . i i i -I-.T ii- m
the Wabash ized to construct a bridge across the Wabash river, at or near lerre
Haute, of sufficient strength and capacity for the crossing of the
same of all engines, locomotives, cars and machinery of said com-
pany, used or to be used on said road ; but in the construction
thereof said company shall make a good and convenient draw
therein, for the passage of all steamboats, of not less than sixty feet
in width, in the channel of the river, and shall cause the same to
RAILED AD LAWS. 7
be opened for the passage of all steamboats, at the proper cost and
expense of said company : Provided always, said company shall be
liable for damages to any steamboat or other water craft navigating
said river, for any unnecessary detention or damages occasioned by
the improper construction or management of said draw ; and said
company shall and may erect a sufficient number of piles in said
river for the support of said bridge : Provided, said bridge shall be
of sufficient height, and the piles apart of sufficient width for the
passage of all flalboats : And further provided, That the said com- Shall allow
other roads
pany suffer and permit the TERRE HAUTE AND RICHMOND RAILROAD to use such
-, " .11 i i Bridge.
COMPANY, and any other railroad company, to cross upon the said
bridge with their cars, locomotives and trains, and use the same in
the same manner that the ALTON AND TERRE HAUTE RAILROAD
COMPANY may do : Provided, The said TERRE HAUTE AND RICH-
MOND RAILROAD COMPANY, or other railroad company, shall, before
they, or either of them, have the use of said bridge, pay to the U PO . com-
" . pensation.
owners thereof the just and equal proportion of the cost of said
bridge, so that the parties shall be equal proprietors thereof; and
the parties, owners of said bridge, shall be at the equal expense in
the maintaining of said bridge, and keeping the same in repair.
SEC. 3. This act shall be in force from and after its passage.
EBENEZEE DUMONT,
Speaker of the House of Representatives.
J. H. LANE,
President of the Senate.
APPROVED February 11, 1851.
JOSEPH A. WEIGHT.
STATE OF INDIANA, TO-WIT :
I, CHARLES H. TEST, Secretary of State for the State of Indiana, do
hereby certify, the foregoing to be a true, full and complete copy of the
above recited act, as appears from the enrollment on file in my office.
In witness whereof, I have hereunto set my hand, and affixed the seal
[L. s.] of the State, at Indianapolis, this llth day of February, A. D.
1851.
CHAELES H. TEST, Secretary of State.
RAILROAD LAWS.
EXTRACT
From the " Act incorporating the Ohio and Mississippi Railroad
Company, and for other purposes" VIRTUALLY REPEALING so
MUCH OF THE FOURTEENTH SECTION OF THE GENERAL RAILROAD
LAW as makes the stockholders in the " Terre Haute aud Alton
Railroad Company 1 ' 1 individually liable to the creditors of said
Company.
SECTION 18. All the stockholders of said company shall be sev-
erally individually liable to the creditors of said company, to an
amount equal to the amount of stock held by them respectively, for
all debts and contracts made by said company, until the whole
amount of capital stock fixed and limited by said company, or by
this act, shall have been paid in ; and shall be jointly and severally
liable for all debts that may be due and owing to any and all of
their laborers, servants and apprentices, for services performed for
said company ; but shall not be liable to an action therefor, before
an execution shall be returned unsatisfied, in whole or in part,
against said company, and then the amount due on said execution
shall be the amount recoverable, with costs, against said stockhold-
ers : Provided, That_,none of the provisions of this section shall be
applicable to the company hereby incorporated, or to the Terre
Haute and Alton Railroad Company, incorporated at the present
session of the General Assembly, until the same provisions shall be
applied to the Central Railroad Company and branches, and the
Rock Island, La Salle and Chicago Railroad Company. '
APPROVED February 12, 1851.
AN ACT
To amend an act entitled "An act to incorporate the Terre Haute
and Alton Railroad Company"
Cades to the SECTION 1. Be it enacted by the people of the State of Illinois,
trinrifrhtfof represented in General Assembly, That all rights belonging to the
State, in any roads heretofore constructed, or partly constructed,
under the general internal improvement system, upon the line of
said company, are hereby granted to and vested in said company.
RAILROAD LAWS.
SEC. 2. The certificate of the secretary of said company, under certificate
the corporate seal thereof, shall be received in all courts of justice [ r !? e * e n "ej
and elsewhere, as evidence of the regular organization of said com- received as
pany, under its charter, and of any act or order of the board of evldence -
directors of said company. And all the acts and doings of said
company, in the organization thereof, are hereby declared to be
good and valid. And the rights, privileges and franchises of said
company, as granted, are hereby declared to be in full force and
effect.
SEC. 3. The capital stock of said company may be increased Prior pro-
from time to time, by order of its board of directors, to such an the compa-
amount as may be necessary to complete their road, not to exceed privileges
four millions of dollars. And the subscription to the increased chises con-
capital stock may be made from time to time, on such terms as capital
may be ordered by the board of directors of said company. ooojooo. '
SEC. 4. The board of directors of said company, or a majority Directors
of the same, are hereby authorized to fill any vacancy that may SScy in
occur or has occurred in their body, occasioned by death, resigna-
tion or otherwise.
SEC. 5. This act shall be deemed a public act, and shall take
eftect and be in force from and after its passage.
JOHN REYNOLDS,
Speaker of the House of Representatives.
G. KOERNER,
Speaker of the Senate.
APPROVED February 12, 1853.
J. A. MATTESON.
AN ACT
To amend the Act entitled "An Act to Incorporate the Terre Haute
and Alton Railroad Company."
SECTION 1. Be it enacted by the people of the State of Illinois, May con-
represented in the General Assembly, That the Terre Haute and branch ^rom
Alton Railroad Company be and are hereby authorized to construct nn" 8 of "the
a branch of their railroad from Paris, in the county of Edgar, in an ta e *
easterly or northerly direction, to such point on the eastern line of
10 RAILROAD LAWS.
the State as may be deemed advisable by said company, and to
form a connection with any railroad company in the State of
And may Indiana : and, for the purpose of constructing said branch, may issue
issue stock
or bonds to stock or bonds of said company, or 01 said branch, to such an
as may be amount as said company shall deem advisable, and may secure said
isary ' bonds by mortgage upon said branch road, and may consolidate
consolidate said branch road with any such company in the State of Indiana
with road in ...... *
Indiana. with which it may connect, on such terms as may be agreed upon
between the parties.
Power to SEC. 2. Said company shall have power to take and hold stock
take stock . ... ., .
in, or loan in, or Joan its credit to. any railroad company within the State,
its credit to, ' .. * ...
other com- whose road may connect directly or by connecting lines with said
Terre Haute and Alton Railroad Company.
SEC. 3. This act shall take effect and be in force from and after
its passage.
APPROVED February 28th, 1854.
EXTRACT
From an Act to change the Name and to amend the Charter of the
Chicago and Mississippi Railroad Company, and to authorize
said Company, and the Belleville and Illinoistown Railroad
Company, and the Terre Haute and Alton Railroad Company, to
make contracts and running arrangements with each other, or to
lease or buy the road of the said Belleville and Illinoistown Rail-
road Company.
Authorityto SECTION 2. The said company shall have power, and are hereby
connect with , i 11- i / ..,
other roads, authorized to extend their road from its present terminus, in the
city of Alton, to the present terminus of the Terre Haute and Alton
Railroad in said city, and to unite with the road of said last men-
tioned company, and to contract with and use the road of said Terre
Haute and Alton Railroad Company, from such point of union to
the intersection of said last mentioned road, with the road of the
Belleville and Illinoistown Railroad Company, near Wood river, in
Madison county, upon such terms and conditions as shall mutually
be agreed upon by the said Terre Haute and Alton Railroad Com-
pany and the said Chicago, Alton and St. Louis Railroad Company ;
RAILROAD LAWS. 11
or in case said company shall not agree, then upon such terms as
shall be fixed by disinterested persons, skilled and experienced in the
management of railroads, one to be named by each company, and
the two, in case of disagreement, to choose a third, whose decision
shall be final, but neither company shall select a person objection-
able to the other ; before said last mentioned extension shall be
allowed, the said Chicago, Alton and St. Louis Railroad Company,
and the Terre Haute and Alton Railroad Company, shall locate and
establish a general union depot in said city of Alton, and keep and
maintain the same.
In case the said Terre Haute and Alton Railroad Company shall
not, within sixty days after being requested so to do, by the said
Chicago, Alton and St. Louis Railroad Company, execute and deliver
to said last mentioned company their consent in writing to the terms
of this act, and also a contract authorizing them to use that part of
the road of the said Terre Haute and Alton Railroad Company
between its present terminus, in Alton, and the said intersection
with the Belleville and Illinoistown Railroad, upon the terms con-
templated by this act, then the said Chicago, Alton and St. Louis
Railroad Company shall have the power, and are hereby authorized
to extend their said road and unite with the road of the said Belle-
ville and Illinoistown Railroad Company, at or near Wood river,
and at the most convenient point, not exceeding four miles from
the city of Alton. The said Belleville and Illinoistown Railroad Authority to
Company are hereby authorized to make running arrangements the^Beile-" 17
and contracts with the said Chicago, Alton and St. Louis Railroad Imnoistown
Company, and the Terre Haute and Alton Railroad Company, or Eailroad -
either of them, and also to lease or sell to said last mentioned
companies, or either of them, the whole or any part of their road;
and the said last mentioned companies, or either of them, are
authorized to make such contracts, lease or purchase of said Belle-
ville and Illinoistown Railroad ; but no such contract, lease or sale
shall affect any contract heretofore made by either of said companies
with the other.
SEC. 3. The said Belleville and Illinoistown Railroad Company
shall have the right, and are hereby authorized to contract with and
use the road of the said Terre Haute and Alton Railroad Company
from the intersection of said roads, near Wood river, to the junction
of the said Terre Haute and Alton Railroad Company with the road
12 RAILROAD LAWS.
of the Chicago, Alton and St. Louis Railroad Company, in Alton,
and also to contract with and use the extension of the road of the
Chicago, Alton and St. Louis Railroad Company, from Alton to or
near Wood river, or any part of the said extension, if the same shall
be built as provided in the last section, upon such terms and condi-
tions as shall mutually be agreed upon by said ' companies,
respectively, or in case said company shall not agree, then upon
such terms and conditions as shall be fixed by disinterested persons,
skilled and experienced in the management of railroads, one to be
named by each company, and the two, in case of disagreement, to
select a third, whose decision shall be final ; but neither company
shall select a person objectionable to the other.
This act shall take effect and be in force from and after its
THOS. J. TURNER,
Speaker of the House of Representatives.
G. KOERNER,
Speaker of the Senate.
APPROVED February 14, 1855.
J. A. MATTESON.
UNITED STATES OF AMERICA,l sg
STATE OF ILLINOIS. /
I, ALEXANDER STARNE, Secretary of State for the State of Illinois, do
hereby certify, that the foregoing is a true and correct copy of an enrolled
law now on file in my office.
In testimony whereof, I have hereunto set my hand, and affixed the
[L. s.] seal of State, this 15th day of February, A. D. 1855.
ALEXANDER STARNE, Secretary of State.
CHARTER
BELLEVILLE & ILLINOISTOWN RAILROAD COMPANY.
AN ACT
To Incorporate the Belleville and Illinoistown Railroad Company.
SECTION 1. Be it enacted by the People of the State of Illinois Corporation.
represented in the General Assembly : That Samuel B. Chandler,
Edward Tittraan, Jacob Knrebel, Frederick Von Schrader, Asbury
Harrison, Russell- Hinckley, Edward Abend, Charles Chouteau,
Robert Christie, Jr., James H. Lucas, Narcisse Pensoneau, John
Winter, Alexander Kayser, Philip B. Fouke, James W. Hughes,
Samuel Stookey, James Mitchell, Joseph Kirkpatrick, James L. D.
Morrison, Frederick Kernpff, William H. Snyder, William W.
Roman, and such other persons as they associate with them for that
purpose, are hereby made and constituted a body corporate and
politic by the name and style of the "BELLEVILLE AND ILLINOIS- style.
TOWN RAILROAD COMPANY," with perpetual succession, and by that
name and style shall be capable in law of taking, holding, purchas-
ing, leasing, selling and conveying estate and property, real, personal
and mixed, so far as the same may be necessary for the purpose
hereinafter mentioned and no further ; and in their corporate name General
may sue and be sued, to have a common seal, which they may alter po
or renew at pleasure, and may have and exercise all powers, rights
privileges and immunities which are or may be necessary to carry
into effect the purposes or objects of this act, as the same are herein
set forth.
SEC. 2. The Belleville and Illinoistown Railroad Company shall Power to
have full power and authority to locate, and from time to time, to and 8 operate
alter, change, re-locate, construct, re-construct, and fully to finish, roa '
perfect, and maintain a railroad with one or more tracks, commen-
cing at Belleville, in the county of St t Clair, and running from thence
14 RAILROAD LAWS.
upon a route, to be by said company selected, to Illinoistown, and
to take, transport, and carry property and persons upon said rail-
road, by power or force of steam, or of animals, or of any other
power or other combination ot them which said company may
choose to use or apply, and for the purpose of constructing said
railroad or way, said company shall have power and authority to
lay out, designate, and establish their said road, in width not
Eight of exceeding one hundred and fifty feet, through the entire line
thereof, and may take and appropriate to their own use all such
lands so designated for the line and construction of said road, upon
first paying or tendering therefor such amount of damages as shall
have been settled by appraisal in the manner hereinafter provided,
on all such lands so designated for the line and construction of said
road, and all such lands as may be taken, or upon any track which
may be located by said company, and for the purpose of embank-
ments, cuttings, obtaining of stone, gravel and sand, may take and
appropriate as much more land as may be necessary for the proper
construction, maintenance, and security of said road, and for cop-
structing shops, depots, and other suitable, proper and convenient
fixtures in connection with and appurtenance to said railroad, may
take and have, use and occupy any lands upon either side of said
railroad not exceeding two hundred feet in depth from said railroad,
said company taking all such lands by gift, purchase or condemna-
tion, and making satisfaction for the same as hereinafter provided :
Proviso. Provided, That this section shall not be construed to restrict or
prevent the construction of public roads or railroads across the road
of said company when deemed expedient, but not so as to materially
impair or obstruct the same.
Entry upon SEC. 3. The said company, and under their direction, their
private*" 1 agents, servants and workmen, are hereby authorized and empow-
ered to enter into and upon the lands and grounds of, or belonging
to the State or to any person or persons, body politic or corporate,
and survey and take levels of the same or any part thereof, and to
set out and ascertain such parts as they shall think necessary and
proper for the making of said railroad with one or more sets of
tracks or rails, and for all the purposes connected with said railroad
for which said corporation, by the last preceding section, is author-
ized to have, take, and appropriate any land, and to fell and cut
down all timber and other trees standing or being within one him-
RAILROAD LAWS. 15
dred feet on each side of said line of said railroad, the damages occa- Damages,
sioned by the felling of such trees, unless otherwise settled, to be
assessed and paid for in manner hereinafter provided for assessing
and paying damages for lands taken for the use of said railroad
company ; also from time to time to alter, repair, amend, widen, or
enlarge the same, or any of the conveniences above named, as well
for carrying goods, commodities, timber or other things to and
upon the said railroad, as for conveying all manner of materials
necessary for the making, erecting, furnishing, altering, repairing,
amending or enlarging the works of or connected with the said
road, and to contract and agree with the owner or owners thereof
for earth, timber, gravel, stone, or other material, or any article
whatever which may be wanted in the construction and repair of said
road or any of its appurtenances the said company doing as little
damages as possible in the execution of said power hereby granted,
and making satisfaction in the manner hereinafter mentioned for all
damages to be sustained by the owners or occupiers of said land.
SEC. 4. The said company shall have power to take, receive and Grants, &c.
hold all such voluntary grants and donations of land and real estate
for the purpose of said road as may or shall be made to said com-
pany to aid in the construction, maintenance and accommodation of
said road, and said company may contract and agree with the
owners or occupiers of any land upon which said company may wish
to construct said road or way, or which said company may wish
to use or occupy for the purpose of procuring stone, sand, gravel or
earth, or other materials to be used in embankments or otherwise,
in or about the construction, repairs or enjoyment of said road, or
which said company may wish to use or occupy in any manner,
or for any purpose or purposes connected with said road which
said company is authorized or empowered by this act to have
or appropriate any lands, and to take and receive grants and con-
veyances of any and all interest and estates therein and to them and
their successors or assigns in fee or otherwise, and in case said com-
pany cannot agree with such owner or owners or occupiers of such
land as aforesaid, so as to procure the same by the voluntary act or
deed of such owners or occupiers of such lands as aforesaid, so as to
procure the same by the voluntary act or deed of such owners or
occupiers, then the price and value of such lands may be fixed, esti-
mated and recovered in the manner provided for taking lands for the
16 RAILROAD LAWS.
construction of public roads, canals, or other public works, as pre-
scribed by the act relating to the public right of way, approved
March 3d, 1845. But when the owners or occupiers, or either
of them of such lands, shall be a femme covert, infant, non compos
mentis, unknown or out of the county in which the said lands
or property wanted may lie or be situated, the said company shall
pay the amount that shall be awarded as due to the last mentioned
owners respectively, whenever the same shall be lawfully demanded ;
that to ascertain the amount to be paid as above to the said owners
or occupiers for lands and materials taken for the use of said cor-
poration, it shall be the duty of the Governor of the State, upon
notice given to him by the said corporation, to appoint three com-
missioners, to be persons not interested in the matter to be deter-
mined by them, to determine the amount of damages which the own-
ers or occupiers of the land or real estate, so entered upon by the said
corporation, has or have sustained by the occupation of the same ;
and it shall be the duty of the said commissioners, or a majority of
th ;n, to deliver to said corporation a written statement of the award
or awards they shall make, with a description of the land or other
real estate appraised, to be recorded by the said corporation in the
circuit clerk's office of St. Clair county, and then the said corpora-
tion shall be deemed to be seized and entitled to the fee simple of all
such lands and real estate, and shall exercise over the same all the
rights, privileges, franchises and immunities in said act contemplated ;
Proviso. Provided, that notice by publication in some newspaper in St. Clair
county shall be first given for thirty days to the owners or occupiers,
or unknown owners as the case may be, of the intention, on the part
of the said corporation, to apply to the Governor for the appoint-
Further pro. men t of commissioners as herein provided ; And provided further,
that any appeal which may be allowed under the provisions of the
act above mentioned, or of any general law of this State, shall not
affect the possession by said company of any of the lands appraised
or taken under this act, and when the appeal may be taken, or
writ of error prosecuted by any person or persons other than the
said company, the same shall not be allowed, except on the stipula-
tion of the party so appealing or prosecuting such writ of error ; that
the said company may enter upon and use the land described in the
petition or required by the said company for the uses and purposes
of the said road, upon said company giving bond and security to be
RAILROAD LAWS. 17
approved by the clerk of the circuit court of the county of St. Clair,
that they will pay to the party appealing or prosecuting such writ of
error all costs and damages that may be awarded against them on
the final hearing of such appeal or writ of error, within thirty days
after the rendition of the same, or forfeit all right to use the land
on the way so condemned.
SEC. 5. The capital stock of said company, shall be one hundred capital
stock
thousand dollars, which may be increased from time to time, by a
vote of a majority in interest of the stockholders at their annual
meeting, or at any special meeting which may be called for that
purpose by the directors of said company, to any sum not exceeding
the entire amount expended on account of said road, which stock
shall be divided into shares of fifty dollars each, which shall be
deemed personal property and which may be issued, certified and
registered and transferred, in such manner, and at such places as
may be ordered and provided by the board of directors, who shall
have power to require the payment of stock subscribed in the
manner and at the time, and in such sums as they may direct, and
on the refusal or neglect on the part of stockholders or any of them,
to make payment on requisition of the board of directors, the shares
of such delinquents may, after thirty days public notice, be sold at
auction, under such rules as the directors may adopt ; the surplus
money, if any remains after deducting the payment due with the
interest and necessary cost of sale, to be paid to the delinquent
stockholder. The board of directors, herein named and appointed,
shall cause books to be opened for subscription to the capital stock
of said company at such times and places and in such manner as
they shall direct ; Provided, That as soon as fifty thousand dollars proviso,
of bona fide subscription to said capital stock shall be made and
five per cent, thereon paid in, it shall be lawful for said company to
commence the construction of said road.
SEC. 6. All the corporate powers of said company shall be vested Directors,
in, and exercised by a board of directors, to consist of not less than
seven nor more than seventeen in number, and such other officers,
agents and servants, as they shall appoint. The first board of direc-
tors shall consist of George Bressler, Asbury Harrison, Russell Hinck-
ley, Frederick Von Schrader, Samuel B. Chandler, Edward Tittman,
Joseph Kirkpatrick, James Mitchell, Charles Chouteau, Alexander
Kayser, Jacob Knoebel, Edward Abend, Conrad Bornman, Francis
18
RAILROAD LAWS.
Votes.
Officers of
company.
Equipments
of road.
Tolls.
Locomotive
and cars.
Stoltz, and James L. D. Morrison, who shall hold their offices until
their successors are elected and qualified. Vacancies in the board
may be filled by vote of two-thirds of the directors remaining, such
appointees to continue in office until the next regular annual elec-
tion of directors is held ; and which said annual election of directors
shall be held on the first Monday in June in each year, at the office
of the company, thirty days notice being given in a newspaper pub-
lished at Belleville and St. Louis.
SEC. 7. At any election held for the election of directors, each
share of stock shall be entitled to one vote to be given either in
person or by proxy, and the persons receiving the largest number of
votes to be declared duly elected, and to hold their office until the
next annual election, and until their successors in office are elected
and qualified. All elections to be conducted by three judges to be
selected by the stockholders present.
SEC. 8. The office of said company snail be located in the city
of Belleville, and the directors herein named are required to organ-
ize the board by electing one of their number president, and by
appointing a secretary and treasurer.
SEC. 9. Said company shall have power to purchase with the
funds of the company, and contract for and place on the railroad
hereby authorized to be constructed, all machines, wagons, carriages
and vehicles, of any description which they may deem necessary and
proper for the purpose of transportation on said railroad, and they
shall have power to charge for tolls and transportation and rates of
fare, such sums as shall be lawfully established by the by-laws of
said company : not to exceed, however, on the article of bituminous
coal thirty-five cents a ton from Belleville to Illinois town.
SEC. 10. The said company hereby chartered shall be required to
keep and use a sufficent number of locomotives, passenger and freight
cars and the other conveniences properly pertaining to a railroad,
to carry and transport all the passengers and freight requiring trans-
portation upon the said road, and shall transport the same, and shall
have the power to make, ordain and establish all such by-laws, rules
and regulations, as may be deemed expedient and necessary to fulfill
the purposes and carry into effect the provisions of this act, for the
well ordering and securing the affairs, business and interest of said
company not incompatible with the constitution and laws of this
State.
RAILROAD LAWS. 19
SEC. 11. The said board of directors shall have power to regulate Regulations.
the manner of transportation of persons and property, the width of
the track, the construction of wheels, the form and size of cars, the
weight of loads ; and all other matters and things respecting the use
of said road, and the conveyance and transportation of persons and
property thereon.
SEC. 12. Whenever it shall be necessary for the construction of intersec-
said railroad to intersect or cross a track of any other railroad, or
any stream of water or water course, or road or highway, lying on
the route of said road, it shall be lawful for the company to construct
their railroad across or upon the same : Provided, that the said com-
pany shall restore the railroad, stream of water, water course, road
or highway thus obstructed or crossed, to its former state or in a
sufficient manner not materially to impair its usefulness.
SEC. 13. The said company shall annually, or semi-acnually, Dividends,
make such dividends as they may deem proper of the net profits,
receipts, or incomes of said company, among the stockholders therein,
in proper proportion to their respective shares.
SEC. 14. The said company shall have power and are hereby Real estate,
authorized to receive, take bold, and again alienate any amount of
lands,^not to exceed twelve hundred acres at any one time, and to
mine and work the coal beds therein, and to transport the coal mined
therefrom, and to this end may contract with any other railroad
company for the lease or purchase of their tracks, rights, ways, priv-
ileges, franchises, coal fields, engines, machinery, lands, and other
property, paying therefor money, bonds, or stock in the said
railroad company hereby chartered, and may make, have, use and
maintain any and all branch roads by the said company deemed
necessary in transacting their business ; condemning all lands and
ways therefor ds herein is above provided. The said company is also
empowered to lease or purchase of the county of St. Glair all the
ferry right and franchises which said county now has for. a ferry
across the Mississippi river, opposite St. Louis, or such an interest
therein as the said county may, by an order of the county court, i
entered upon their records, agree to sell or lease to the said company,
and to be paid for by said company in money, bonds, or stock of
said company, as the same may UL agreed upon, and the said county
court are hereby authorized so to sell or lease the said ferry for any
period they may agree upon with said company.
2
20
RAILROAD LAWS.
city of
iwed y to al ~
subscribe.
Penalty.
Extension of
road.
Power to
borrow mo-
ney.
SEC. 15. The said company may accept subscriptions to the stock
f sa id roa( l fr m tne c ity f Belleville and the county of St. Ciair,
or e i t ^er of them, to an amount not to exceed twenty-five thousand
(j o u ars each, and for the purpose of raising the amount' so to be by
them subscribed, the said city of Bellville, by her corporate author-
ities, and the said county of St. Glair, are hereby authorized and
empowered to borrow any sum not exceeding twenty-five thousand
dollars each, payable at such times and places, and in such sums,
and with such rate of interest as may be agreed upon, and may issue
their city and county bonds therefor, under their respective seals.
SEC. 16. If any person shall do, or cause to be done, or aid in
doing, or causing to be done any act or acts whatever, whereby any
building, or construction, or work of said company, or any machine
or structure, or any matter or thing appertaining to the same shall
be stopped, obstructed impaired or weakened, injured or destroyed,
the person or persons so offending, shall be guilty of a misdemeanor,
and may be punished, upon conviction, by fine, in any sum not
exceeding five hundred dollars, or by imprisonment not exceeding
five years, or by both, at the discretion of the court, and shall
forfeit and pay to the said corporation treble the amount of dam-
ages sustained by reason of such offence or injury, to be recovered
in the name of said company, with cost of suit, in an action of
trespass before any justice of this State, or before any court having
jurisdiction thereof.
SEC. 17. Said company shall have the power to extend to, and
unite its railroad with any other railroad now constructed, or which
may hereafter be constructed in this State, and for that purpose full
power is hereby given to said company to make and execute such
contracts with any other company as will secure the objects of such
connection.
SEC. 18. Said company is hereby authorized from time to time
to borrow such sum or sums of money, as may be necessary for
completing and finishing or operating their said railroad, and to
issue and dispose of their bonds in denominations of not less than
five hundred dollars, for any amount so borrowed, and to mortgage
their corporate property and franchises, or convey the same by deed
of trust to secure the payment of any debt contracted by said com-
pany for the purposes aforesaid, and the directors of said company
may confer on any bond-holder of any bond issued for money
RAILROAD LAWS. 21
borrowed as aforesaid, the right to convert the principle due or
owing thereon into stock of said company at any time not exceeding
ten years from the date of the bond under such regulations as the
directors of said company may see fit to adopt, and all sales of
bonds for less than their par value shall be good and valid, and as
binding upon said corporation as if the same were sold for the full
amount thereof.
SEC. 19. The said company hereby chartered shall be required Limitation.
to construct and operate their said road according to the terms of
this charter within five years from the passage of this act, which
shall be taken and received as a public law in all courts and places
whatever.
SIDNEY BREESE,
Speaker of the House of Representatives.
WILLIAM M'MURTRY,
Speaker of the Senate.
APPROVED June 21, 1852.
AUGUSTUS C. FRENCH.
UNITED STATES OF AMERICA, )
r* SS
STATE OF ILLINOIS,
I, DAVID L. GREGG, Secretary of State of the said State of Illinois,
do hereby certify that the foregoing is a true copy of the enrolled law
now ~.m file in my office.
In testimony whereof, I have hereunto set my hand and affixed the
[L. s.] great seal of State, at Springfield, this 22d day of June, A. D.
1852.
D. L. GREGG, Secretary oj State.
CHARTER
OF THB
ST. LOUIS, ALTON & TERRE HAUTE RAILROAD CO.,
OF THE STATE OF ILLINOIS.
APPROVED FEBRUARY 18, 1861.
AN ACT
To perfect the title of the purchasers of the Terre Haute, Alton and
St. Louis Railroad, and to enable such purchasers, when the
road is sold, to form a corporation, and defining the rights and
duties of such corporation.
SECTION 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly : That in case the railroad of
the Terre Haute, Alton and St. Louis Railroad Company, or any
part thereof, shall be sold by virtue of any mortgage,|rnortgages, or
deed or deeds of trust, either by foreclosure or other proceedings in
law or equity, or in pursuance of a power in such mortgage or mort-
gages, deed or deeds of trust contained, or by joint exercise of the
said authorities, the purchaser or purchasers of the same, or their sur-
vivors or survivor, or they and their, or he and his associates, or their
Name and or his assigns, may form a corporation, by the name of "The Saint
of?ew Z com^ Louis, Alton and Terre Haute Railroad Company," by filing in the
office of the Secretary of State a certificate, under their cr his signa-
ture, specifying the number of directors of said new corporation
(a majority of whom shall always be citi/ens of the State of Illinois,
residing in the counties along the line of the road, who shall be not
less than five nor more than thirteen in number,) and the period,
not exceeding one year, of their service, the amount of their original
RAILROAD LAWS. 23
capital and the number of shares into which such capital is to be
divided ; and, thereupon, the persons who shall" have signed such
certificate, and their successors, shall be a body politic and corpo-
rate, by the name of " The St. Louis, Alton and Terre Haute Rail-
road Company ; " and a copy of such certificate, attested by the sig-
nature of the Secretary of State or his deputy, shall, in all courts and
places, be evidence of the due formation and existence of the said
corporation and of the facts in the said certificate stated.
SEC. 2. The said St. Louis, Alton and Terre Haute Railroad Com- corporate
pany shall have power to acquire, by purchase or otherwise, and to ?0
hold, use and enjoy the Terre Haute, Alton and St. Louis Railroad,
and each and every part thereof, whether situate within or without
this State ; and all equipments, machinery, tools and materials, all
lands, property, rights and things connected therewith or necessary
to the use thereof, together with the tolls, income, rents, issues and
profits of the same, and shall have power to maintain and operate
the same, as fully as might have been done by the Terre Haute,
Alton and St. Louis Railroad Company ; and the said corporation
shall also possess and enjoy all the faculties, powers, authorities,
immunities, privileges and franchises, at any time held by the said
Terre Haute, Alton and St. Louis Railroad Company, or by any of
the other corporations heretofore consolidated into the said company
or conferred on the said company, or the said corporations, or either
of them, by any act or law of this State or of the State of Indiana,
and shall have capacity to hold and exercise, without this State, all
the said faculties, powers, authorities, privileges and franchises, and
all others which may hereafter be conferred upon it by or under any
law of this State or of other States ; and the said St. Louis, Alton
and Terre Haute Railroad Company, when formed, in pursuance of
this act, shall have power to create and issue capital stock, in shares capital
of fifty dollars each, and to such aggregate amount as shall be deemed 8tock '
necessary to carry out the objects of this act, not exceeding any
amount which may be fixed by agreement with the persons forming
the said new corporation, in accordance herewith ; and may establish
preference, in respect to dividends, in favor of one class of the stock
in such order and manner, and to such extent, and with such securi-
ties as it may deem expedient, not exceeding in the aggregate any
amount fixed as aforesaid ; and may confer on holders of any bonds Rights of
, . , . . , . , bondhold-
which it may issue or assume to pay such rights to vote at all meet- ere.
24 RAILROAD LAWS.
ings of stockholders, not exceeding one vote for every one hundred
dollars of the par amount of the said bonds, as may by it be deemed
advisable ; which rights, when once fixed, shall attach to and pass
with such bonds, under such regulations as the by-laws may prescribe,
to the successive holder thereof, but shall not subject any holder to
assessment by the said company or to any liabilities for its debts or
issuing of entitle any holder to dividends ; and the said corporation may make
and issue its bonds, of not less denomination than one hundred dol-
lars each, payable at such times and places, bearing such rates of
interest, not exceeding seven per cent, per annum, payable semi-an-
nually at such place or places as may be agreed upon, as it may deem
expedient ; and may hypothecate or sell such bonds, within or with-
out this State, when issued, to raise or borrow money, at a price not
less than eighty cents on the dollar; and all other bonds to be issued
shall be sold or exchanged at par ; and in no case shall bonds, whether
hypothecated or sold, become a debt or liability of the corporation
at less thau eighty cents on the dollar ; and the said company may
secure the payment of any bonds which it may make, issue or assume
Mortgage ofto pay, by mortgage or mortgages, or deed or deeds of trust of its
prope y. ra ij roa( j } or anv p ar t thereof, or any other of its property, real or
persona], and may include in any such mortgage or mortgages or
deed or deeds of trust any locomotives, cars and other rolling stock
or equipments, and any machinery, tools, implements, fuel and ma-
terials or other real or personal estate, whether then held or there-
after to be acquired, for the constructing, operating, repairing or
replacing of the said railroad, or any part thereof, or of any of its
equipments or appurtenances ; all of which property and things, so
included, whether then possessed or thereafter to be acquired, shall
be subject to the lien and operation of every such mortgage or deed
of trust, in the same manner and with the like effect as if such prop-
erty constituted a part of such railroad ; and may also include all
franchises held by the said corporation and connected with or relating
to the said railroad ; and all corporate franchises of the said company,
which said franchises are hereby declared, in case of sale by virtue
of any such mortgage or deed of trust, to pass to the purchaser or
purchasers, so as to enable him or them to form a corporation, in the
manner herein prescribed, and to vest in such corporation all the
faculties, powers, authorities, immunities, privileges and franchises,
conferred by this act ; and the said corporation may do all things
RAILROAD LAWS. 25
which may be. necessary or convenient, to carry into full effect the
powers hereby granted ; and the powers hereby conferred may be
exercised by the directors thereof; and the directors of said new
company shall, at each annual meeting, submit to the stockholders
a report in detail of their acts and doings.
SEC. 3. That the said St. Louis, Alton and Terre Haute Railroad Existing iia-
Company shall, within six months after its organization, have power
to assume such debts, liabilities and claims against said Terre Haute,
Alton and St. Louis Railroad Company, and make such settlements
or adjustments with any of the stockholders or other parties inter-
ested therein, as it may deem proper and as is provided for in this
act ; and for such purpose may use such portion of the stock or
bonds hereby authorized to be created, and in such manner as is in
and by this act directed and provided.
SEC. 4. That in case the Terre Haute, Alton and St. Louis Rail- Sale under
road, or any part thereof, may have been or shall be decreed by any
court of this State, or by any circuit court of the United States, for
a district in which any part of said railroad is situated, to be sold by
virtue of any mortgage or mortgages or deed or deeds of trust upon
the same, containing a power of sale to the trustee or trustees, it
shall be lawful for the said trustee or trustees to unite with the
proper officers in making such sale, or, under the order of the court,
to make such sale, at the time and place appointed by the court,
and with such notice as may be ordered by the court, and to execute
a conveyance of the said railroad, or the part thereof that may be
sold ; and such sale and conveyance shall be a valid and effectual
execution of the powers of sale and conveyance contained in the said
mortgage or mortgages or deed or deeds of trust, and shall operate
to invest the purchasers with the title to the railroad property, and
things sold, as aforesaid, freed and discharged from all right and
equity of redemption by the mortgagor or junior incumbrances or
any other party whatsoever.
SEC. 5. That full authority is hereby given to the corporate Transfers
authorities of the several counties, townships, cities, villages or ^ e d nt a8Si 8 n -
municipal corporations, owning stock in said company, and to all
persons holding stock in the said company, in any fiduciary capacity,
to transfer, assign or surrender the same, and to accept and receive,
under the organization, such portion of new stock as may be appor-
tioned to the stock so owned or held.
26 RAILROAD LAWS.
Meetings of SEC. 6. The said St. Louis, Alton and Terre Haute Railroad
stocthold- _ . . . . .
e. Company, when organized, as in this act provided, may hold meet-
ings of stockholders or of directors, or both, either at St. Louis, in
the State of Missouri, or at Terre Haute, in the State of Indiana, as
well as in this State ; and the said company or corporation is hereby
expressly and forever prohibited from having its treasury or any
office or place of business at any point out of the limits of the State
of Illinois, other than at Terre Haute and at St. Louis.
Certificates SEC. 7. All the powers and franchises, by this act conferred, and
the right to exercise the same, as a body corporate, shall become
null and void unless the said St. Louis, Alton and Terre Haute
Railroad Company shall, within six months after its organization, as
is herein provided for, provide, as is hereinafter directed, for the
junior incumbrances, general creditors, unsecured by deed of trust
or mortgage, and stockholders in the Terre Haute, Alton and St.
Louis Railroad Company, by issuing to the junior incumbrances,
creditors and stockholders certificates of stock in said St. Louis,
Alton and Terre Haute Railroad Company, as herein provided, that
is to say : for the amount due upon the third and fourth mortgage
bonds of the said Terre Haute, Alton and St. Louis Railroad Com-
pany, calculating interest on such bonds and on the past due
coupons pertaining to such bonds, at the rate of seven per cent, per
annum, and providing only for such bonds as have been actually
sold and for the amount for which the same have been sold, in
preferred stock of said St. Louis, Alton and Terre Haute Railroad
Company, upon which preferred stock dividends, at a rate not
exceeding seven per cent, may be paid till the common stock here-
inafter provided for shall receive a like dividend, and then such
preferred stock shall receive equal dividends with the common
stock, for the excess of dividends to be declared ; for all other credi-
tors, common stock, for the full amount of their debts, and to
stockholders for bona fide stock by them held, stock for the half of
the stock by them so held: Provided, That the board of directors
provided for in this act shall have power, and it shall be their duty
to pass necessary by-laws for the adjustment and settlement of the
Settlement floating debt that has heretofore accrued along the line of said
debts at ng railroad : Provided, further, That nothing herein shall prevent the
directors of said St. Louis, Alton and Terre Haute Railroad Com-
pany from issuing preferred stock to any of the unsecured creditors
RAILROAD LAWS. 27
of the Terre Haute, Alton and St. Louis Railroad Company, when
the equities of such claim shall, in the judgment of the directors,
demand such preference : And, provided farther, That no person,
bond-holder, creditor or stockholder, shall have the benefit of this
section without surrendering and transferring to the St. Louis, Alton
and Terre Haute Railroad Company, within the time aforesaid, the
bonds, claims, demands or stock for which he shall desire the issue
of new stock by the St. Louis, Alton and Terre Haute Railroad
Company : And, provided further, That the said St. Louis, Alton
and Terre Haute Railroad Company shall proceed to fence the line
of said road, and shall expend thereon at least twenty thousand
dollars, in each and every year, till the line of said railroad is com-
pletely fenced.
SEC. 8. After the reorganizing and the formation of a corpora- Kil]lng of
tion, as herein provided, all persons who may have stock killed, (and 8tockt
for the killing of which the said company may be legally liable,)
and also all persons who may furnish, by contract, wood, ties or
other materials or supplies, or work and labor, of any kind, for the
use, maintenance, improvement or operation of said railroad, shall,
to secure the payment therefor, have a prior lien over all other and
future mortgages, deeds of trust or other incumbrances upon the
said railroad and all equipments, machines, tools, property and other
things connected therewith.
SEC. 9. The said St. Louis, Alton and Terre Haute Railroad Freigll t ta-
Company shall have the right to fix the rates of toll or tariff for all riff8t
passengers or freight, transported over the line of their said road,
with such discrimination as to them shall seem most conducive to
the interests of said road.
SEC. 10. The said St. Louis, Alton and Terre Haute Railroad sale of real
Company shall have power to bargain, sell and convey any real 68
estate which they may hold or acquire, and which is not necessary
to the business operations or use of said road ; and any mortgage
or deed of trust executed by said St. Louis, Alton and Terre Haute
Railroad Company shall not be a lien on any of such real estate.
SEC. 1 1 . The earnings of said road, after paying the operating Application
and contingent expenses of said road, and the paying of all necessary 1^^ earn "
repairs and improvements, shall be applied, first, to the payment of
interest on the bonds of said road, which now are a lien, as well as
those to be hereafter issued, according to the order of their priori-
28 RAILED AD LAWS.
ties ; next, in providing for a sinking fund for the retirement of
such bonds, which sinking fund shall not exceed two per cent. of.
the gross earnings of said road, in each year ; and, next in the pay-
ment of dividends on the stock, according to the order of priorities
of the stock, as hereinbefore provided.
Payment of SEC. "12. All bona fide claims or judgments, for stock heretofore
killed by the Terre Haute, Alton and St. Louis Railroad, and all
claims for right of way on that part of the road from Belleville to
Illinoistown, and all just dues for work and labor done and for wood
and ties furnished or taken for the said Terre Haute, Alton and St.
Louis Railroad Company, and all judgments had for the same,
which have not been arranged or settled by said Terre Haute, Alton
and St. Louis Railroad Company, shall be assumed and paid by the
St. Louis, Alton and Terre Haute Railroad Company as a condition
precedent to the operation of this act.
SEC. 13. This shall be deemed a public act, and take effect and
be in force from and after its passage.
APPROVED February 18, 1861.
CHARTER
OF THE
ST. LOUIS, ALTON & TERRE HAUTE RAILROAD CO.,
OF THE STATE OF INDIANA.
APPROVED MARCH 5, 1861.
AN ACT
To legalize, authorize aad regulate the sale of, and to perfect the titl e
of purchasers of railroads heretofore sold or hereafter to be sold by
foreclosure or other proceedings in law or equity, and to enable
them to organize corporations, and to exerciie corporate and other
powers, to provide for the payment of stock injured by such cor-
poration, and to provide for the payment of ticket and freight
balances.
SECTION 1. Be it enacted by the General Assembly of the State O/"HOW re-ad-
Indiana: That in case a majority in interest of the creditors of aiap^Hza- *
railroad company, and the majority in interest of the stockholders u^and 6 * 1 "
of such company shall agree upon a plan for the readjustment or may kl be d ef-
capitalization of the debt and stock thereof, thereupon an agreement fected -
as aforesaid, either before or after a sale of said railroad under
judicial proceedings, and a purchase at such sale by trustees on
behalf of the parties to such agreement, all the franchises and
powers, including the franchises to act as a corporation, conferred by
the charter of such railroad company, shall pass by such sale and
vest in the said trustees, together with the railroad and all the other
property embraced in the sale ; and in case any railroad situate
wholly or partly within this State, or any part thereof situate within
this State, shall, in pursuance of such agreement, be sold by virtue
of any mortgage or mortgages, or deed or deeds of trust, either by
30 RAILROAD LAWS.
foreclosure or other proceeding in law or equity, or pursuant to any
power in such mortgage or mortgages, or deed or deeds of trust
contained, or by the joint exercise of those authorities as hereafter
provided, the purchaser or purchasers of the same, or their survivor
or survivors, or they or their, or he and his associates, may form a
corporation by filing in the office of the Secretary of State, a certifi-
cate under their or his signature, specifying the name of such
corporation, the number of directors, the names of the first directors,
and the period of their service, not exceeding one year, the amount
of the original capital, and the number of shares into which such
capital is to be divided ; and the persons signing the said certificate
and"' their successors shall be a body politic and corporate by the
name therein specified ; and a copy of such certificate, attested by
the signature of the Secretary of State or his deputy, shall in all
courts and places be evidence of the due organization and existence
of the said corporation, and of the facts in the said certificate
stated : Provided, That no sale under the provisions of this act
shall be valid unless notice thereof, stating time and place of sale,
shall have been published in some newspaper of general circulation
in the city of New York, and also by publishing said notice in at
least one newspaper of general circulation published in each county
in this State through which said railroad may run, not less than
thirty nor more than sixty days at the discretion of the court order-
ing said sale, immediately preceding said sale ; and all sales of
railroads made under the order or decree of a court of record, are
hereby legalized as fully as though the sale had been made in
pursuance of this act: Provided, That nothing herein contained
shall be construed to legalize the decree itself, or to correct any
error therein, or to legalize the sale or conveyance of any real estate
by or to any railroad company, or to legalize any consolidation by
any railroad companies in this State, but only to confirm the sale of
the road bed, depot grounds, and such realty as is essential to the
operations of the railroad, including also the rolling stock, machin-
ery and equipment upon the road as embraced in the decree.
Power to be SEC. 2. Such corporation shall possess all the powers, rights,
amTenjoyed privileges, immunities, faculties and franchises in respect to the said
era. purchas "railroad, or the part thereof purchased as aforesaid, which were
possessed or enjoyed by the corporation that owned or held the said
railroad previous to such sale by virtue of its charter, or amend-
RAILROAD LAWS. 31
ments thereto, or other laws of this State, or of any State, not
inconsistent with the laws of this State in which any part of the said
railroad is situate, and shall also have power, by agreement of the
persons forming the said corporation as aforesaid, or by a vote of a
majority in the interest of the stockholders at any time within six
months after the formation of the said corporation, to assume any
debts or liabilities of the corporation which owned or held the said
railroad before the said sale ; and in like manner and within a like
period to make such adjustments with any stockholders of the said
last mentioned corporation as it may deem expedient, and for the
said purposes to use such portions of the bonds and stock it may be
authorized to create as it may deem necessary, and in such manner
as it may deem proper; and shall also have power to make and
issue bonds payable at such times and places, and bearing such
rates of interest as it may deem expedient, and to sell or dispose of
such bonds at such prices, and in such manner as it may deem
proper; and to secure the payment of any bonds which it may
make, issue or assume to pay, by a mortgage or mortgages, or deed
or deeds of trust of its railroad, or of any part thereof, or any other
of its property, real or personal ; and may include such in mortgage
or mortgages, or deed or deeds of trust, any locomotives, cars, and
other rolling stock and equipments, and any machinery, tools,
implements, fuel and materials, whether then held or thereafter to
be acquired, for the constructing, operating, repairing or replacing
the said railroad, or any part thereof, or any of its equipments, or
appurtenances, all of which property, so included, whether then held
or thereafter to be acquired, shall be subject to the lien and opera-
tion of such mortgage or mortgages, or deed or deeds of trust, all
franchises held by the said corporation and connected with or
relating to the said railroad, and all corporate franchises of the said
company, which said franchises, in case of sale by virtue of any such
mortgage or mortgages, or deed or deeds of trust, are hereby
declared to pass to the purchasers so as to enable them to form a
corporation in the manner herein prescribed, and to vest in such
corporation all the faculties, powers, authorities, immunities and
franchises conferred by this act ; and the said corporation shall have
power to establish sinking funds for the redemption of any of its
debts, and shall likewise have power to issue capital stock to such
aggregate amount as it shall deem necessary, not exceeding any
32 RAILROAD LAWS.
limitation which may be fixed by agreement with the persons form-
ing the said company in the manner hereinbefore provided, and may
establish preference in respect to dividends in favor of one or more
classes of the said stock in such order and manner, and to such
extent and with securities as it may deem expedient, and may confer
on holders of any bonds which it may issue or assume to pay, such
rights to vote at all meetings of stockholders, not exceeding one
vote for every one hundred dollars of the par amount of the said
bonds, as may by it be deemed advisable, which rights, when once
fixed, shall attach to and pass with such bonds under such regula-
tions as the by-laws may prescribe to the successive holders thereof,
but shall not subject any holders to any assessment by the said
company, or to any liability for its debts, or entitle any holder to
dividends ; and the said corporation shall also have capacity to hold
and enjoy and exercise within other States the aforesaid faculties,
powers, rights, immunities and franchises, and such others as may
be conferred upon it by any law of the State, or of any other State
in which any part of its railroad may be situate, or in which it may
do any part of its business, and to hold meetings of stockholders
and directors, and do all corporate acts and all things without this
State as validly as it may do the same within this State,
in case any SEC. 3. In case the part situate within this State of any railroad,
road in this ..... . in. >
state, a part a part or which is situate in another btate, shall become vested in a
nte in ano- corporation of such other State, and such corporation shall also
shall be- ' acquire a part situate in such other State of the said railroad, the
come vested , . , . .1 .1 ,^, . r ,>
in corpora- said corporation may exercise and enjoy within this State for the
other state, the purpose of the said railroad and its business, so far as it may be
exercised! 618 endowed by the laws of the State of its creation with capacity to do
so, all the powers, rights, faculties, privileges, immunities and fran-
chises enumerated in section second of this act, and its. mortgages or
trust deeds shall operate as therein specified.
Order of Hen SEC. 4. Next in the order of lien to the existing mortgage debt
old compa-of the old road shall stand the amounts due persons for labor per-
formed, and wood and other such, materials furnished the old com-
pany in running the road, and damages for killing stock, and right
of way : Provided, That all the property of said company shall be
liable for damages recovered against said company for stock killed
or injured by them, and exempt from mortgage liens.
SEC. 5. So much of any railroad as lies in this State and is
RAILROAD LAWS. 33
embraced in the mortgage or mortgages sought to be foreclosed may Part of road
be sold at such sale as an entirety, and the court making a decree or J^y behold
order of sale may declare in the order where the principal office of " r ^ fo ^ cl ^
the railroad company is situate within the State, and may order the ^"^hat
sale to be made at the court house door of the county in which the ^"[^ y
principal office within the State is situate. order -
SEC. 6. In case of the sale of a railroad or any part thereof, as ^hat power
in the first section of this act mentioned, full power is hereby given Ration C in
to the corporate authorities of the several counties, cities, townships case
and other municipal corporations holding stock in the company by
which such railroad was owned, and to all persons holding such
stock in a fiduciary capacity to surrender or assign such stock, and
to accept and receive such new stock in any corporation which,
after such sale, may become the owners of said railroad or any part
thereof, as may be apportioned or given in respect to the said first
mentioned stock under any reorganization of the ownership of the
said railroad.
SEC. 7. That no purchaser or purchasers of any railroad shall be p urcliager8
entitled to any rights or benefits under this act until such purchaser y 1 ^ e en ~
or purchasers shall first assume and pay in money or first class or de^thVact,
satisfactory securities, to be issued by the new corporation formed ^Jj.^* 111
upon the sale or transfer of any railroad as herein provided for, as the ^^ plied
creditor or creditors may elect, all ticket balances and back charges
for freight, with interest, whether due upon account, judgment of a
court of record, bond, note or other instrument in writing, which
the former railroad corporation may have owed or been in arrears
for, to any connecting railroad company operating a railroad entirely
or in part in this State.
SEC. 8. This act may be amended or repealed at the discretion Legislative
,. . , T . , . discretion.
of the Legislature.
SEC. 9. It is hereby declared that an emergency exists for the Emergency
immediate taking effect of this act, and therefore the same shall be de<
in force from and after its passage.
APPROVED March 5, 1861.
34 RAILROAD LAWS.
I
AN ACT
To authorize the St. Louis, Alton and Terre Haute Railroad Com-
pany to extend its railroad and form a connection with the Illi-
nois Central Railroad.
Power to ex- SECTION 1. Be it enacted by the People of the State of Illinois,
tend road .
and form a represented in the General Assembly : That the St. Louis, Alton and
with the 11- Terre Haute Railroad Company shall have power, and it is hereby
linois Cen- . . . .f , . ,
trai Bail- authorized to extend its railroad from its present terminus, in the
city of Belleville, in the county of St. Clair^in a south-easterly direc-
tion to the Illinois Central Railroad, and to unite and form a con-
nection with the same, and for that purpose full power is given to
said company to make and execute such contracts with any other
company as will secure the construction of said road and the object
of said connection.
Corporate SEC. 2. That said St. Louis, Alton and Terre Haute Railroad
powers.
Company in the extension aforesaid, and in the construction and
operation of a railroad from Belleville, in St. Clair county, to the
Illinois Central Railroad, shall have, possess and exercise all the
powers, faculties, privileges, immunities and franchises now and at
any time held by said company, or by the Terre Haute, Alton and
St. Louis Railroad Company during its existence by or under any
law of this State, and shall also have power to create and issue
issue addi- additional stock and to such aggregate amount as shall be deemed
tional stock. 3t
4 necessary to carry out the objects of this act.
SEC. 3. This act shall be deemed a public act and shall take effect
and be in force from and after its passage.
S. A. BUCKMASTER,
Speaker of the House of Representatives.
FRANCIS A. HOFFMAN,
Speaker of the Senate.
APPROVED February 13, 1863.
RICH'D YATES, Governor.
UNITED STATES OF AMERICA,! cs
> OS.
STATE OF ILLINOIS.
I, O. M. HATCH, Secretary of State, of the State of Illinois, do hereby
certify that the foregoing is a true copy of an enrolled law now on file in
my office.
In witness whereof I have hereunto set my hand, and affixed the great
[L. s.] seal o'f State, at the city of Springfield, this first day of August
A. D. 1863. O. M. HATCH, Secretary of State.
RAILKOAD LAWS. 35
AN ACT
To authorize and empower the St. Louis, Alton and Terre Haute
Railroad Company to extend its railroad, and to construct a
railroad from Paris, in Edgar county, so as to form a connec-
tion with the Wabash Valley Railroad.
SECTION 1. Be it enacted by the People of the State of Illinois, power to
represented in the General Assembly : That the St. Louis, Alton and wabasiT 1
Terre Haute Railroad Company shall have power, and is hereby Valley Kail-
authorized, to extend its railroad and unite the eame with the
Wabash Valley Railroad, and for that purpose to build and construct
a railroad from Paris, in Edgar county, in a north-easterly direction
to the State line between the States of Illinois and Indiana, with
the view of forming a connection with the Wabash Valley Railroad,
and for that purpose full power is hereby given to said company
to make and execute such contracts with any other company as
will secure the construction of said road and the objects of said
connection.
SEC. 2. The said St. Louis, Alton and Terre Haute Railroad Com-
pany in the construction and operation of said railroad from Paris
to the State line, and for the purposes of said extension and con-
struction, shall have, possess and exercise all the powers, facilities,
privileges, immunities and franchises now and at any time held by
said company, or held by the Terre Haute, Alton and St. Louis
Railroad Company during its existence by or under any law of this
State ; and shall also have power to create and issue additional stock May issue
additional
and to such aggregate amount as shall be deemed necessary to carry stock,
out the object of this act.
SEC. 3. This act shall be deemed a public act and shall take
effect and be in force from and after its passage.
S. A. BUCKMASTEK,
Speaker of the House of Representatives.
FKANCIS A. HOFFMAN,
Speaker of the Senate.
APPROVED February 20, 1863.
KICH'D YATES, Governor.
3
36 RAILROAD LAWS.
UNITED STATES OF AMERICA, 1 00
/ ss .
STATE OF ILLINOIS.
I, O. M. HATCH, Secretary of State, of the State of Illinois, do hereby
certify that that the foregoing is a true copy of an enrolled law now on
file in my office.
In witness whereof I have hereunto set my hand, and affixed the great
[L. s.] seal of the State, at the city of Springfield, this first day of August,
A. D. 1863. " O. M. HATCH, Secretary of State.
. CERTIFICATE OF INCORPORATION,
Saint Louis, Alton and Terre Haute Railroad Company.
Preamble. WHEREAS, We, the undersigned, have become the purchasers of
the Terre Haute, Alton and St. Louis Railroad, extending from
Terre Haute, in the State of Indiana, to East St. Louis, or Illinois-
town, in the State of Illinois, and from lllinoistown to Belleville,
and from the Junction to Alton, in the State of Illinois :
AND WHEREAS, The said purchase was made by us, at a sale
thereof made by virtue of certain mortgages or deeds of trust, under
the decrees of the Circuit Court of the United States, for the South-
ern District of Illinois, and the Circuit Court of the United States,
for the District of Indiana, and pursuant to the powers in such
mortgages or deeds of trust contained, executed in compliance with
the aforesaid decrees.
Now, In conformity to the provisions of an act of the Legislature
of the State of Illinois, entitled " An act to perfect the title of the
purchasers of the Terre Haute, Alton and St. Louis Railroad, and
to enable such purchasers, when the road is sold, to form a corpora-
tion, and defining the rights and duties of such corporation,"
approved by the Governor, February 18th, 1861, we, the under-
signed purchasers of the said Terre Haute, Alton and St. Louis
Railroad, do hereby certify :
Name of First, That the name of the corporation organized pursuant to
corporation. the aforesaid & ^ shaU be the g t Louigj A | ton and Terre Haute
Railroad Company."
Thirteen di- Second, That the number of directors of the said company shall
rectors. ^ Q ti)j r t een< un t,ji suc h number shall be altered in the manner by
law provided.
RAILROAD LAWS. 37
Third, That the names of the first directors are : Robert Bayard, Names of
John G. Richardson, Pickering Clark, Charles Butler, Russell Sage,
Samuel J. Tilden, William D. Griswold, Gustavus Koerner, Anthony
Thornton, John S. Hayward, Levi Davis, Hiram Sanford, Ralph
Tousey.
Fourth, That the period of service of such first directors shall be Period of
and continue until the second Thursday of June, 1863.
Fifth. That the amount of the original capital stock of the said Amount of
original cap-
company shall be three millions and seven hundred and fifty iti stock,
thousand dollars, and the number of shares into which the said capital Number of
. ' t t r shares.
stock is to be divided, shall be thirty-seven thousand and five hun-
dred, which amount shall include the preferred stock as well as the
common stock ; Provided, That such portion of the said stock as
shall not be issued within six months from the filing of this certifi-
cate, shall be cancelled.
In witness whereof, we have hereunto set our hands, this nine-
teenth day of June, in the year one thousand eight hundred and
sixty t\vo.
EGBERT BAYAKD,
SAMUEL J. TILDEN,
JOHN G. RICHAEDSON,
JOSEPH TUCKEEMAN,
RUSSELL SAGE.
UNITED STATES OF AMEEICA,
STATE OF ILLINOIS.
I, 0. M. HATCH, Secretary of State, of the State of Illinois, do hereby
certify that the foregoing is a true copy of the certificate of incorporation
of the St. Louis, Alton and Terre Haute Eailroad Company, now on file
in my office.
In witness whereof, 1 have hereunto set my hand, and affixed the great
seal of State, at the city of Springfield, this fourth day of June,
[L. s,] A. D. 1863.
O. M. HATCH, Secretary of State.
GENERAL RAILROAD LAW OF ILLINOIS.
APPROVED, NOVEMBER 5, 1849.
AN ACT
To provide for a General System of Railroad Incorporations.
Corporation, SECTION 1. Be it enacted by the People of the State of Illinois,
how formed. ~ , , .. ,,
represented in the General Assembly : That any number ot persons,
not loss than twenty-five, being subscribers to the stock of any con-
templated railroad, may be formed into a corporation for the pur-
pose of constructing, owning and maintaining such railroad, by com-
plying with the following requirements : When stock to the amount
of at least one thousand dollars for every mile of said road, so
intended to be built, shall be in good faith subscribed, and ten per
centum paid thereon, as herein required, then the said subscribers
Directors. ma y c l e ct directors for the said company ; thereupon they shall sev-
ivticies of erally subscribe articles of association, in which shall be set forth the
association. , . , .
name ot the corporation, the number or years the same is to con-
tinue, which shall not exceed fifty years, the amount of the capital
stock of the company, which shall be the actual cost of constructing
the road, together with the cost for the right of way, motive power
and every other appurtenance for the completion and running of
said road, as nearly as can be estimated by competent engineers ;
the number of shares of which said stock shall consist ; the number
of directors, and their names, to manage the concerns of the com-
pany, who shall not be one-half in the number of the stockholders,
and shall hold their offices until others are elected ; the place from
and to which the proposed road is to be constructed, and each
county into or through which it is intended to pass, and its length,
Commis- as near as may be, and the names of five commissioners to open
books of subscription to the stock. Each subscriber to such articles
of association shall subscribe thereto his name, place of residence,
RAILROAD LAWS. 39
and the. number of shares of stock taken by him in such company.
The said articles of association may, on complying with the next
section, be filed in the office of Secretary of State, and thereupon the
persons who have subscribed, and all persons who shall from time to
time become stockholders in such company, shall be a body corpo-
rate, by the name specified in such articles.
SEC. 2. Such articles of association shall not be filed in the office Articles to
of the Secretary of State until ten per cent, on the amount of the be
stock subscribed thereto shall have been actually and in good faith
paid, in cash, to the directors named in such articles, nor until there
is endorsed thereon, or annexed thereto, an affidavit made by at
least three of the directors named in such articles, that the amount
of stock required by the first section has been subscribed, and that
ten per cent, on the amount has actually been paid in.
SEC. 3. A copy of any articles of association filed in pursuance Articles to
of this act, with a copy of the affidavit aforesaid endorsed thereon or be evldence -
annexed thereto, and certified to be a copy by the Secretary of this
State, or his deputy, shall, in all courts and places, be presumptive
evidence of the incorporation of such company, and of the facts
therein stated.
SEC. 4. When the certificate shall have been filed as aforesaid, certificate,
the persons who shall have signed and acknowledged the same, and Its effects>
their successors, shall be a body politic and corporate, by the name
stated in such certificate, and shall be capable of suing and being
sued, and may have a common seal, and may make and alter the
same at pleasure, and be capable in law of purchasing, holding and
conveying any real estate and personal property whatever, necessary
for the construction of such road, and for the erection of all neces-
sary buildings, yards and appurtenances for the use of the same.
SEC. 5. The commissioners for opening books of subscription, Books to be
named in the act of incorporation, shall, from time to time, after the P ened -
company shall be incorporated, open books of subscription to the capi-
tal stock of the company, in such places, and after giving such notice
as a majority of them shall direct ; which books of subscription shall
be kept open until all the capital stock shall be subscribed, if the cor-
poration shall so long exist ; and in case a greater amount of stock
shall be subscribed than the whole capital of said company, the com-
missioners shall distribute such capital stock as equally as possible
among the subscribers ; but no share thereof shall be divided in
40 RAILROAD LAWS.
making such distribution, nor shall a greater number of shares be
allotted to any subscriber than such subscriber shall have sub-
scribed for.
Directors to SEC. 6. As soon us practicable after such capital stock shall have
been subscribed and distributed as aforesaid, the commissioners to
receive subscriptions thereto shall appoint a time and place for the
meeting of the stockholders, to choose directors; such meeting to be
held in one of the counties in or through which such railroad is pro-
posed to be constructed, and notice thereof shall be given by said
commissioners, by public notice, to be published not less than twenty
days previous thereto, in the State paper, and a newspaper published
in each county through which the said road shall be intended to
run, in which a newspaper shall be published.
Qualifies- Thirteen directors shall be chosen at such meeting, by ballot, and
ter 9 by a majority of the votes of the stockholders being present, in per-
son or by proxy ; and every such stockholder being so present at
such election, or at any subsequent election of directors, shall be
entitled to give one vote for every share of stock which he shall have
owned for tb/'rty days next preceding such election ; but no stock-
holder shall vote at any such election upon any stock, except such
as he shall have owned for such thirty days. No person shall be a
director unless he shall be a stockholder, owning stock absolutely
and in his own right, and qualified to vote for directors at the elec-
tion at which he shall be chosen ; and at least seven of the directors
shall, at the time of their election, be residents of the counties in or
through which the route of such railroad shall run. The directors
shall be directors for one year, or until others are elected in their
places.
Duty of SEC. V. The commissioners named in the last preceding section
commission- ^^ ^ e j ns p ec tors of the first election of directors, shall openly
count the votes and declare the result, and shall, within ten days
thereafter, file a certificate thereof, subscribed by them, or a majority
of them, in the office of the Secretary of State, and in the office of
the clerk of each county, or with the clerk of the county commis-
sioners' court (as the case may be) of each county in or through
which such railroad shall be proposed to be constructed, and shall
also deliver to the treasurer of such company all moneys received
by such commissioners on subscriptions to such capital stock, and
all books and papers in their possession relative to such subscriptions.
RAILROAD LAWS. 41
All subsequent elections shall be held at such time and place, in one
of these counties through which such railroad shall pass, as shall
be directed by the by laws of the company.
SEC. 8. A general meeting of the stockholders of any corpora- Meetings of
tion formed under this act, shall be holden annually at the time and e jg kho
place appointed for the election of directors, and a meetrng may be
called at any time during the interval between such annual meetings
by the directors, or by the stockholders owning not less than one-
fourth of the stock, by giving thirty days' public notice of the time N 0t i ce .
and place of the meeting in the State paper, and a newspaper pub-
lished in each county through which the said road shall be run,
or be intended to be run, in which a newspaper shall be published ;
and when any such meeting is called by the stockholders, the par-
ticular object of such shall be stated ; and if, at any such meeting
thus called, a majority in value of the stockholders are not repre-
sented in person or by proxy, such meeting shall be adjourned from
day to day, not exceeding three days, without transacting business ;
and if within said three days stockholders having a majority of the
stock do not attend such meeting, then the said meeting shall be
dissolved.
SEC. 9. At the regular annual meeting of the stockholders ofDutyofpre-
any corporation, it shall be the duty of the president and directors ^rectors!
in office for the preceding year, to exhibit a clear and distinct state- statements,
ment of the affairs of the company, and at any meeting of the
stockholders, a majority of those present, in person or by proxy,
may require similar statements from the directors, whose duty it
shall be to furnish them when thus required ; and at all general
meetings of the stockholders a majority in value of the stockholders
in said company may fix the rate of interest which shall be paid by Rate of in-
the company for loans for the constrnction of said road and its
appendages, may remove any president or any directors of said com-
pany, and elect others in their stead : Provided, notice of such Proviso.
intended removal has been given as required by the last preceding
section.
SEC. 10. In case it shall happen at any time that an election of Failure of
directors shall not be made on the day designated by the by-laws elec lon *
of the company when it ought to have been made, the company for
that reason shall not be dissolved, if within ninety days thereafter
they shall hold an election for directors, in such manner as shall be
42 RAILROAD LAWS.
President, provided by the by-laws of the company. There shall be a presi-
dent of the company, who shall be chosen by and from the directors,
and also such subordinate officers as the company, by its by-laws,
may designate, who may be elected or appointed, and required to
give such security for the faithful performance of the duties of their
office, as the company, by its by-laws, may require.
Payments of SEC. 11. It shall be lawful for the directors to call in and demand
turns? 11 *' from the stockholders respectively, all sums of money by them sub-
scribed, at such time and in such payments or instalments as the
Forfeiture, directors shall deem proper, under the penalty of forfeiting the
shares of stock subscribed for, and all previous payments made
thereon, if payments shall not be made by the stockholders within
sixty days after personal demand, or notice requiring such payment
shall have been made in each county through which said road shall
be laid out, in which a newspaper shall be published.
By-laws. SEC. 12. The directors of such company shall have power to
make by-laws for the management and disposition of stock, property
and business affairs of such company, not inconsistent with the laws
of this State, and prescribing the duties of officers, artificers and
servants that may be employed for the appointment of all officers
for carrying on all the business within the object and purposes of
such company.
stock deem- SEC. 13. The stock of such company shall be deemed personal
estate? 1801 estate, and shall be transferable in the manner prescribed by the
by-laws of the company, but no shares shall be transferable till all
previous calls thereon shall have been fully paid in, or the said
shares shall have been forfeited for the non-payment of calls
thereon; and it shall not be lawful for such company to use any of
their funds in the purchase of any stock in their own or in any
other corporation.
stockhoid- SEC. 14. All the stockholders of any such company that shall be
bie tint?? AC! hereafter incorporated under this act, shall be severally individually
liable to the creditors of such company to an amount equal to the
amount of stock held by them respectively, for all debts and con-
tracts made by such company, until the whole amount of capital
stock fixed and limited by the company in the manner aforesaid
shall have been paid in, and a certificate thereof shall have been
made and recorded, as prescribed in the following section, and shall
be jointly and severally liable for all debts that may be due and owing
RAILEOAD LAWS. 43
to all their laborers, servants and apprentices, for services performed
for such corporation, but not to be liable to an action therefor before
an execution shall be returned unsatisfied in whole or in part
against the corporation, and then the amount due on said execu-
tion shall be the amount recoverable with costs against said stock-
holders.
SEC. 15. The president and a majority of the directors, within certificates
thirty days after the payment of the last instalment of the capital 01
stock, so fixed and limited by the company, shall make a certificate
stating the amount of the capital stock so fixed and paid in, which
certificate shall be signed by the president and a majority of the
directors, and sworn to by the president and secretary, and they
shall, within the said thirty days, file and record the same in the
office of the secretary of State.
SEC. 16. If the directors of any such company shall declare and Liability of
pay any dividend when the company is insolvent, or any dividend, C ase&c! m
the payment of which would render it insolvent, they shall be
jointly and severally liable for all the debts of the company then
existing and for all that shall thereafter be contracted, so long as
they shall respectively remain in office : Provided, That if any of
the directors shall be absent at the time of making the dividend,
or shall object thereto, and shall, within thirty days thereafter,
or after his return, if absent, file a certificate of their absence or
objection with the clerk of the company, and with the clerk of the
county, or with the clerk of the county commissioners' court, in
which the principal office of said company is located, they shall be
exempt from the said liability.
SEC. 17. If any certificate or report made, or public notice given officers Ha-
by the officers of any such company, in pursuance of the provisions & c !' m
of this act, shall be false in any material representation, all the
officers who shall have signed the same shall be jointly and severally
liable for all the debts of the company contracted while they are
stockholders or officers thereof.
SEC. 18. No person holding stock in any such company, as p ersons ex
executor, administrator, guardian or trustee, and no person holding empt<
such stock as collaterial security, shall be personally subject to any
liability as stockholder of such company ; but the person pledging
the stock shall be considered as holding the same, and shall be
liable as a stockholder accordingly, and the estates and funds in the
44 RAILROAD LAWS.
s
hands of such executor, administrator, guardian or trustee shall be
liable in like manner and to the same extent as the testator or
intestate, or the ward or persons interested in such trust fund would
have been if he had been living and competent to act, and held the
same stock in his own name.
stock rep- SBC. 19. Every such administrator, executor, guardian or trustee
shall represent the shares of stock in his hands at all meetings of
the company, and may vote accordingly as a stockholder.
Map and SEC. 20. Every such company, before proceeding to construct a
profile made / * . .
part or their road into or through any county named in their certi-
ficate of association, shall make a map and profile of the route
intended to be adopted by such company ; which shall be certified
And filed, by a majority of the directors and filed in the office of the county
clerk of such county, or with the clerk of the county commissioners'
court of such county, for the inspection and examination of all
parties interested therein.
General and SEC. 21. Every such corporation shall possess the general powers,
eref 1 * W " and be subject to the general liabilities and restrictions expressed in
the special powers following, that is to say :
Surveys. 1. To cause such examination and surveys for the proposed rail-
road to be made, as may be necessary to the selection of the most
advantageous route for the railroad, and for such purpose, by their
officers, agents and servants, to enter upon lands or waters of any
person, but subject to responsibility for all damages which they shall
do thereto.
Take grants, 2. To receive, hold and take such voluntary grants and donations
Ac- of real estate and other property as shall be made to it, to aid in the
construction, maintenance and accommodation of such railroad ; but
the real estate thus received by voluntary grants shall be held and
used for purposes of such grants only.
Purchase 3. To purchase and by voluntary grants and donations receive and
take, and by its officers, engineers and surveyors and agents, enter
upon and take possession of and hold, and use all such lands and
real estate and other property as may be necessary for the construc-
tion and maintenance of its railroad and stations, depots and other
accommodations necessary to accomplish the object for which the
corpbration is created : but not until the compensation to be made
therefor, as agreed upon by the parties, or ascertained as hereinafter
prescribed, be paid to the owner or owners thereof, or deposited as
RAILROAD LAWS. 45
hereinafter directed, unless the consent of such owner be given to
enter into possession.
4. To lay out its road, not exceeding six rods wide, and to con- Lay road
struct the same, and for the purposes of cuttings, embankments and six ro 8>
procuring stone and gravel, may take as mur.li more land within the Additional
limits of its charter, in the manner provided hereinafter, as may be In^e.* 6 ''
necessary for the proper construction and security of the road.
5. To construct their road upon or across any stream of water, w^ter cour-
water course, road, highway, railroad or canal, which the route of | e c 8 ' road8 '
its road shall intersect ; but the corporation shall restore the stream
or water course, road or highway thus intersected, to its former
state, or in a sufficient manner not to have impaired its usefulness.
6. To cross, intersect, join and unite its milroad with any other intersect
railroad before constructed, at any point on its route, and upon the rallroads -
grounds of such other railroad company, with the necessary turn- with turn-
outs, sidings and switches and other conveniences, in furtherance
of the object of its connections; and every company whose railroad
is or shall be hereafter intersected by any new railroad, shall unite
with the owners of such new railroad in forming such intersections
and connections, and grant the facilities aforesaid ; and if the two compensa-
corporations cannot agree upon the amount of compensation to be tlon-
made therefor, or the points or manner of such crossings and con-
nections, the same shall be ascertained and determined by commis- _
* By commis-
sioners to be appointed by the court, as is provided hereinafter in sioners.
respect to the taking of lands.
7. To purchase l?nds or take them, may change the line of its change line,
road, whenever a majority of the directors shall so determine, as is
hereinafter provided, but no such change shall vary the original
route of such road to exceed one mile laterally.
8. To take, transport, carry and convey persons and property on Transport
their railroad, by the force and power of steam, of animals, or any personSl &c-
mechanical powers, or by any combinations of them, and receive
tolls or compensation therefor.
9. To erect and maintain all necessary and convenient buildings, Buildings
stations, depots and fixtures, and machinery, for the accommodation andstatlon8 '
and use of their, passengers, freight and business, and obtain and hold
the lands necessary therefor.
10. To regulate the time and manner in which passengers and Time of
property shall be transported, and the tolls and compensation to be Fares!
46 RAILROAD LAWS.
Passengers P a '^ therefor ; but such compensation for any passenger and his
Siree e *en e ts ordinary baggage shall not exceed three cents a mile, unless by
special act of the legislature, and shall be subject to alteration, as
hereinafter provided.
Borrow mo- H- To borrow money, to be applied to the construction of their
railroad and fixtures, and purchase of engines and cars, at such rotes
of interest as is hereinafter (hereinbefore) provided.
TO petition SEC. 22. Any number of persons, not less than thirteen, intend-
urfc ing to organize a corporation under the provisions of this act, and
every company that may hereafter organize under this act, may
Contents of. present a petition to the Legislature, stating the place from and to
which they propose to construct their road, and its location and
route, with reasonable certainty, and that they intend to run the
said road on the most direct and eligible route between the points
of terminus, and praying the Legislature to determine whether
the construction of the said proposed road will be of sufficient public
use to justify the taking of private property for the construction of
Legislature ^e same - And if the Legislature shall determine and decide by
declare utii- j aw ^ a ^ sucn proposed road will be of sufficient public utility to
justify the taking of private property for constructing and maintain-
ing said road, under the provisions of this act, then such company,
when organized, may enter upon, take possession of, and use all such
Take lands l an ^s, real estate, as may be required for the construction and
maintenance of their railroad, and the convenient accommodations
Compensa- appertaining to the same; making compensation in the manner
tlon ' hereinafter provided, for all lands, real estate, thus taken possession
of and used, except such as may be voluntarily given to or purchased
at an agreed price by the said corporation. Whenever the said
corporation shall not have acquired by gift or purchase, any land,
real estate, so required as aforesaid, or which may be effected by
any operation connected by such construction and maintenance, the
said corporation may present to the circuit court of the district
Petition where said lands or real estate shall lie, a petition signed by its
Contents of at torney or agent, describing with convenient accuracy and cer-
tainty, by map or otherwise, the lands or real estate so required to
be taken or affected as aforesaid, setting forth the name and resi-
dence of each owner or other person so interested therein as owner,
lessee, incumbrancer, as far as known to such attorney or agent, or
appearing of record, and praying the appointment of commissioners
RAILROAD LAWS. 47
to ascertain the compensation to be made to such owners and per-
sons interested, for the taking or injuriously affecting such land or
real estate aforesaid. The court shall have satisfactory evidence Notice of
that notice of an intended application, and the time and place petltlon-
thereof, for the appointment of commissioners of appraisement
between said corporation and the owners and persons interested
in such lands and real estate, had been given at least ten days
previously, to such owners personally, or to some person of suitable
age, at their residence, or on the premises, or by publication thereof
in a newspaper printed in the county in which such lands or real
estate may lie. Such publication to be allowed only in respect to
owners who shall appear by affidavit to have no residence in the
county, known to such agent or attorney, whereat such notice could
be delivered as aforesaid. The court may adjourn the proceedings May adjourn
from time to time ; shall direct any future notice thereof to be given
that may seem proper ; shall hear proofs and allegations of all Proofs,
parties interested, touching the regularity of the proceedings ; and
shall, by an entry in its minutes, appoint five competent and clisin- Appoint
, i ,. commission-
terested persons commissioners, to ascertain such compensation as er s.
aforesaid, specifying in such entry a time and place for the first
meeting of such commissioners. The said commissioners, before
entering upon the duties of their office, shall take the oath required
by the laws -and Constitution of this State, and any one of them
may administer oaths to witnesses produced before them ; and may oath,
adjourn and may hold meetings for that purpose. Whenever they
shall meet to hear proofs and allegations, unless by appointment of
the court, or pursuant to adjournment, they shall cause reasonable commis-
previous notice of such meetings to be given to the said owners or notice? give
parties interested, or their attorney or agent, and may each of them
issue subpoenas and compel witnesses to appear and testify ; they Summon
shall hear the proofs and allegations of the parties, and any three or Hea'ring 68
more of them, after reviewing the premises, without fear or favor, or view,
partiality, ascertain and certify the compensation proper to be made certify dam-
to the said owners and parties interested, for the lands or real estate ages '
to be taken, as well as all damages accruing to the owner of the
lands and real estate aforesaid, taken in consequence of the con-
demnation of the same, or injuriously affected as aforesaid, making
such deduction or allowance for real benefits or advantages which Deduct ben-
efits,
such owners or parties interested may derive from the construction
48 RAILROAD LAWS.
May assess of said road, and may, in their discretion, assess a separate reason-
able sum in favor of such owners and parties interested, or of any
person appointed by the court to appear as attorney for them, for
Return cer- costs, expenses and reasonable counsel fees. They, or a majority of
appraise- them, shall make, subscribe and file with the clerk of the county, or
with the clerk of the county commissioners' court, in which such
lands or real estate shall lie, a certificate of their said ascertainment
and assessment, in which such lands or real estate shall be described
Entry in by map or otherwise, with convenient accuracy and certainty. The
court, upon such certificate and due proof that such compensation
and separate sums, if any be certified, have been paid to the parties
entitled to the same, or have been deposited to the credit of such
parties in the State treasury, or other place for that purpose
approved by the court, shall make, and cause to be entered in its
minutes a rule describing such lands or real estate, in manner afore-
said, such ascertainment of compensation, with the mode of making
it, and such payment or deposit of the same compensation as afore-
said ; a certified copy of which rule shall be recorded and indexed
in the proper recorder's office, in like manner and in like effect as if
it were a deed of conveyance from the said owners and parties
Corporation interested to the said corporation. Upon the entry of such rule, the
said corporation shall become seized in fee of all the lands and real
estate described in said rule, as required to be taken as aforesaid
during the continuance of the corporation, by this or any subsequent
act, and may take possession of and hold and use the same for the
purposes of said road, and shall thereupon be discharged from all
claim for any damages by reason of any matter specified in said
if title fail, petition, certificate or rule of said court. If at any time after an
anew. ed attempted or actual ascertainment of compensation under this or
any other act, or any purchase by, or donation to said corporation,
of any lands for the purposes aforesaid, it shall appear that the title
acquired thereby to all or any part of such lands for the use of said
road, or if said condemnation shall fail, or be deemed defective, the
said corporation may proceed anew to perfect such title, by pro-
curing an ascertainment of the compensation proper to be made to
any person or persons whose title, claim or interest in, or lien upon
such lands, and by making payment thereof in the manner herein-
after provided, as near as may be, and at any stage of such new
proceedings, or of any proceedings under this act, the court may,
RAILROAD LAWS. 49
by a rule in that behalf made, authorize the said corporation, if
already in possession, and if not in possession, to take possession ofMny take
and use such premises during the pendency and until the final ja^eTecuri-
conclusion of such proceedings, and may stay all actions and pro- y '
ceedings against such corporation on account thereof: Provided, Or pay into
such corporation shall pay a sufficient sum into court, or give
approved security to pay the compensation in that behalf, when
ascertained ; and in every case, where possession shall be so
authorized, it shall be lawful for the owners to conduct the pro-
ceedings to a conclusion, if the same shall be delayed by the
company. The said commissioners shall be entitled to receive from Feeg of
said corporation a compensation not exceeding two dollars for each misslon -
day actually employed by them in the discharge of their duties.
Such compensation to be taxed and allowed by the court. If any Fill vacan .
commissioner so appointed shall die, be unable or fail to serve, the cles -
court may appoint another in his place, on reasonable notice of the
application, to be approved by the court. The proceedings hereby county
authorized may be had in the circuit court in a county where the ^ T&
lands lie, and all motions to the circuit court shall be made at
a general or special term thereof in said county. The said com-
missioners shall file the said certificate in the county where the
lands to be affected may lie, or in any adjacent county, and any
clerk may transfer the same and the proceedings connected there-
with to the clerk of the county in which the lands to be affected
may lie, or of any adjacent county thereto, whenever said commis-
sioner or clerk shall be so required by said corporation, its agent or
attorney. And the Legislature hereby reserves (the right) to it- Legislature
self to indicate the routes and termini of said roads ; and the route* and
same shall not be constructed or commenced without the express * ermmi -
Sanction re-
sanction of the Legislature of this State, by a law to be passed quisle,
hereafter.
SEC. 23. In case an infant, idiot or insane person, or any InfantSi ld} .
unknown owner or owners not personally notified to appear, and unknown r
who shall not appear, after such notice, on the appointment of com- owner -
missioners, shall be interested in any such lands, real estate and
property, the court shall appoint some proper person to appear
before the said commissioners and act as attorney for and in behalf
of such infant, idiot, insane person, unknown owner or non-appear-
ing owner, not personally served with notice.
50 RAILROAD LAWS.
Line may be SEC. 24. If at any time after the location of the track of said road,
in whole or in part, and the filing of the map thereof, it shall appear
to the directors of said company that the line in some parts thereof
may be improved, it shall be lawful for the said directors, from time
New map to time, to alter the line and cause a new map to be filed in the
office where the map showing the first location is or shall be filed,
Possession, and may thereupon proceed to take possession of the lands embraced
in such new location that may be required for the construction and
maintenance of said road on such new line, and the convenient
accommodations appertaining to the same, either by agreement with
the owner or owners, or by such proceedings, as near as may be, as
are authorized under the preceding section of this act, and use the
No location same in place of the line for which the new is substituted. Nothing
without' y in this act contained shall authorize the said company to make a
en location of their track within any city, without the consent of the
common council of said city.
Highways, SEC. 25. Whenever the track of said railroad shall cross a road
how cross- . . i 111-1 i i ^ i
ed, under or or highway, such road or highway may be carried under or over the
track, as may be found most expedient; and in case where an em-
Change bankment or cutting shall make a change in the line of such road or
highway desirable, with a view to a more easy ascent or descent, the
said company may take such additional lands for the construction
of such roads or highway, or such new line, as may be deemed requi-
Compensa- site by said directors. Unless the lands so taken shall be purchased
highway, or voluntarily given for the purposes aforesaid, compensation there-
for shall be ascertained in the manner in this act provided, as nearly
as may be, and duly made by said corporation to the owners and
persons interested in such lands, the same when so taken, or com.
pensation made, to become a part of such intersecting road or high-
way, in such manner and by such tenure as the adjacent parts of the
same highway may be held for highway purposes.
Lands may SEC. 26. If any such corporation shall, for its purpose aforesaid,
be granted
by state, require any land belonging to the people of this State, or to any of
county or
town. the counties or towns, the General Assembly of the State, and the
county and town officers respectively, having charge of said lauds,
may grant such lands to such corporations for a compensation, which
Appraised if shall be agreed upon between them ; and if they shall not agree
>t agreed. upon ft &a ^ e an( j p r j ce ^ ^ Q same ma y ^ Q ta fc en ^y ^ Q corporation,
as is provided in respect to other cases.
RAILROAD LAWS. 51
SEC. 27. Every conductor, baggage-master, engineer, brakeman officers to
or other servant of any such railroad corporation, employed in a wear bftd s*-
passenger train, or at stations for passengers, shall wear upon his
hat or cap a badge, which shall indicate his office, and the initial
letters of the style of the corporation by which he is employed. No
conductor or collector without such badge, shall demand or be enti-
tled to receive from any passenger any fare, toll or ticket, or exer-
cise any of the powers of his office ; and no other of said officers
or servants, without such badge, shall have any authority to meddle
or interfere with any passenger, his baggage or property.
SEC. 28. Every such corporation shall make an annual report to Annual re-
the Secretary of this State, of the operations of the year ending on por
the first day of January, which report shall be verified by the oaths oath,
of the treasurer and the acting superintendent, of operations, and
filed in his office by the twentieth day of January, in each year, and
shall state 1st. The capital stock and the amount actually paid in : contents.
2d. The amount expended for the purchase of lands for the con-
struction of the road, for buildings and for engines and cars respec-
tively : 3d. The amount and nature of its indebtedness, and the
amounts due the corporation : 4th. The amount received for the
transportation of passengers, of property, of the mails and from other
sources : 5th. The amount of freight, specifying the quantity in tons,
of the products of the forests, of animals, of vegetable food, other
agricultural products, manufactures, merchandise and other articles :
6th. The amount paid for repairs, engines, cars, buildings and sala-
ries : 7th. The number and amount of dividends, and. when paid :
8th. The number of engine-houses and shops, of engines and cars,
and their character : 9th. The number of miles run by passenger,
freight and other trains, respectively : 10th. The number of men
employed, and their occupation: llth. The number of persons
injured in life or limb, and the cause of such injury : 12th. Whether
any accidents have arisen from carelessness or negligence of any per-
son in the employment of the corporation, and whether such person
is retained in the service of the corporation.
SEC. 29. Any such corporation which shall neglect to make such penalty for
report, shall be liable to a penalty of two hundred and fifty dollars, neg ect '
to be sued for in the name of the people of this State.
SEC. 30. The property belonging to any company organized p rc p er ty to
under the provisions of this act shall be listed by the resident secre- be ted '
4
52
BAILROAD LAWS.
Taxation.
Liens of
State.
Liens of
citizens.
Tolls may
be altered
by legisla-
ture.
Not of in-
come under
fifteen per
cent.
To carry
mails.
Governor
appoint
commission-
ers.
tary, or other proper officer, with the Auditor of the State, which
shall be subject to the same rate of taxation as other similar prop-
erty of individuals, and the revenue arising therefrom shall be paid
into the State treasury, until the entire extinction of the internal
improvement debt of the State, after which the said property shall
be subject to taxation, and the revenue arising therefrom paid, as
in case of all other property in the State. The revenue derived
under this section to be applied to the payment of the public debt
of the State.
SEC. 31. The State shall have a lien upon all railroads of said
corporations, and their appurtenances and stock therein, for all pen-
alties, taxes and dues which may accrue to the State from said cor-
porations, vhich lien of the State shall take precedence of all
demands, judgments or decrees against said corporations; and the
citizens of the State shall have a lien upon all the personal property
of said corporation to the amount of one hundred dollars, originally
contracted within this State, which, after said lien of the State, shall
take precedence of all other debts, demands, judgments or decrees,
liens or mortgages against said corporation.
SEC. 32. The Legislature may, when any such railroad shall be
opened for use, from time to time alter or reduce the rates of toll,
fare, freight or other profits upon such road ; but the same shall not
without the consent of the corporation, be so reduced as to produce,
with said profits, less than fifteen per cent, per annum on the capital
actually paid in, nor unless, on an examination of the amounts
received and expended, to be made by the secretary of State, he
shall ascertain that the net income divided by the company from all
sources for the year then last past shall have exceeded an annual
income of fifteen per cent, upon the capital of the corporation
actually paid in.
SEC. 33. Any such corporation shall, when applied to by the
postmaster-general, convey the mails of the United States on their
road or roads respectively ; and in case such corporation shall not
agree as to rates of transportation thereof, and as to time, rate of
speed, manner and condition of carrying the same, it shall be lawful
for the governor of this State to appoint three commissioners, who,
or a majority of them, after fifteen days' notice, in writing, of the
time and place of meeting, to the corporation, shall determine and
fix the prices, times and conditions aforesaid ; but such prices shall
BAILED AD LAWS. 53
not be less for carrying said mails in the regular passenger trains, p>t x p r i C6 ,
than the amount which said corporation would receive as freight *aiis. r
on a like weight of merchandise transported in their merchandise
trains, and a fair compensation for the post-office car. And in case
the postmaster-general shall require the mail to be carried at other
hours and at a higher speed than the passenger trains be run at, the
corporation shall furnish an extra train for the mail, and be allowed
an extra compensation for the expenses and wear and tear thereof
and for the services, to be fixed aforesaid.
SEC. 34. If any passenger shall refuse to pay his fare or toll, it Pena i ty O n
shall be lawful for the conductor of the train, and the servants ofpy ls ^ re to
the corporation, to put him out of the cars at any usual stopping
place the conductor shall select.
SEC. 35. Every such corporation shall start and run their cars, Regular
for the transportation of passengers and property, at regular times, ^flxed" 111
to be fixed by public notice, and shall furnish sufficient accommoda- Accommo-
tions for the transportation of all such passengers and property as ni&hed!*
shall, within a reasonable time previous thereto, offer or be offered
for transportation at the place of starting, and the junctions of other
railroads, and at siding and stopping places established for receiving
and discharging way passengers and freight, and shall take, trans-
port and discharge such passengers and property at, from and to
such places, on the due payment of tolls, freight or fare legally
authorized therefor.
SEC. 36. In case of the refusal, by such corporation or their Penalt _ for
agents, so to take and transport any passengers or property, or to ^s^ct.
deliver the same, or either of them, at the regular or appointed time,
such corporation shall pay the party aggrieved all damages which
shall be sustained thereby, with costs of suit.
SEC. 37. In forming a passenger train, baggage, or freight, or Tr
merchandise, or lumber cars, shall not be placed in rear of passenger P laced -
cars ; and if they or any of them shall be so placed, and any accident
shall happen to life or limb, the officer or agent who so directed or
knowingly suffered such arrangement, and the conductor or engineer
of the train, shall each and all be held guilty of intentionally caus-
ing the injury, and be punished accordingly.
SEC. 38. A bell of at least thirty pounds weight, or a steam Bell and
whistle, shall be placed on each locomotive engine, and shall be f hi ,? tle t to .,
be kept and
rung or whistled at the distance of at least eighty rods from the run s, &c -
54 RAILROAD LAWS.
place where the said road shall cross any other road or street, and
be kept ringing or whistling until it shall have crossed said road or
street, under a penalty of fifty dollars for every neglect, to be paid
by the corporation owning the railroad, one-half thereof to go to
the informer, and the other half to the State, and also be liable for
all damages which shall be sustained by any person by reason of
such neglect.
Boards to be SEC. 39. Every such corporation shall cause boards to be placed,
well supported by posts or otherwise, and constantly maintained
across each public road or street, where the same is crossed 'by the
railroad. On the same level said boards shall be elevated, so as not
to obstruct the travel, and to be easily seen by travelers ; and on
each side of said boards shall be painted in capital letters of at least
the size of nine inches each, the words, " Railroad crossing ; look
out for the cars while the bell rings or the whistle sounds." But
this section shall not apply to streets in cities or Tillages, unless the
corporation be required to put up such boards, by the officers having
charge of such streets.
intoxication SBC. 40. If any person shall, while in charge of a locomotive
man or con- engine running upon the railroad of any such corporation, or while
acting as the conductor of any car or train of cars on any such rail-
road be intoxicated, he shall be deemed guilty of a misdemeanor.
Penalty for SEC. 41. If any person shall wilfully do, or cause to be done, any
corporation, act or acts whatever, whereby any building, construction or work of
any such corporation, or any engines, machines or structures, or any
matter or thing appertaining to the same, shall be stopped, obstructed,
impaired, weakened, injured or destroyed, the person or persons
offending, shall be guilty of a misdemeanor, and shall forfeit and pay
to the said corporation treble the amount of damages sustained by
means of such offence.
Penalties, SEC. 42. All penalties imposed by this act may be sued for
red. riicov " by the district attorney, and in the name of the people of the
State of Illinois ; and if such penalty be for a sum not exceeding one
hundred dollars, then each suit may be brought before a justice of
the peace.
Corporation SEC. 43. Every such corporation shall, within reasonable time
to make and .
file map of after their road shall be located, cause to be made :
1st. A map and profile thereof, and of the land taken and obtained
for the use thereof, and file the same in the office of the Secretary of
RAILROAD LAWS. 55
State ; and also like maps of the parts thereof located in different
counties, and file the same in the office for recording deeds in the
county in which said parts of said road shall lie, there to remain as
of record forever.
2d. A certificate, specifying the line upon which it is proposed certificate
to construct the railroad, and the grades and curves. grades,' &c.
SEC. 44. If any such corporation shall not, within five years after i nc orpora-
its incorporation, begin the construction of its road, and expend ^ 8 e, &c.
thereon ten per cent, on the amount of its capital, and finish the
road and put it in full operation in ten years thereafter, its act of
incorporation shall become void.
SEC. 45. All existing railroad corporations within this State, shall Existing
respectively have and possess all the powers and privileges, and be subject to""
subject to all the duties, and liabilities and provisions contained in
this act, so far as they shall be applicable to their present conditions^
and not inconsistent with their several charters, and all railroad com-
panies that are now constructing their roads may acquire title to
lands necessary for that purpose, under the provisions of this act.
SEC. 46. This act shall take effect and be in force from and after
its passage.
APPROVED November 5, 1849.
ADDITIONAL GENERAL RAILROAD LAW.
APPROVED NOVEMBER 6, 1849.
AN ACT
Supplemental to an act, entitled " An act to provide for a general
system of railroad incorporations"
SECTION 1. Be it enacted by the People of the State of Illinois, stock mft
represented tn General Assembly, That whenever the citizens of any ^ by either
city or county of this State are desirous that said city or county count y-
should subscribe for stock in any railroad company, already organized
or incorporated, or hereafter to be organized or incorporated, under
any law of this State, such, city or county may, and are hereby
authorized to purchase or subscribe for shares of the capital stock in
any such company, in any sum not exceeding one hundred thousand
dollars for each of said cities or counties ; and the stock so subscribed
for or purchased shall be under the control of the county court of
the county, or common council of the city making such subscription
or purchase, in all respects as stock owned by individuals.
SEC. 2. That, for the payment of said stock, the judges of the city or
county court of the county, or the common council of the city borrow may
making such subscription or purchase, are hereby authorized to bor- u n e e7 bond8.
row money at a rate not exceeding ten per cent, per annum, and to
pledge the faith of the county or city for the annual payment of the
interest, and the ultimate redemption of the principal ; or, if the said
judges or common council shall deem it most advisable, they are
hereby authorized to pay for such subscription or purchase in bonds
of the city or county, making such subscription to be drawn for that
purpose, in sums not less than fifty dollars, bearing interest not
exceeding ten per cent, per annum : Provided, That no bond shall
be paid out at a rate less than par value.
RAILBOAD LAWS. 57
SEC. 3. The railroad companies already organized or incorporated, Bonds re-
or hereafter to be organized or incorporated under the laws of this
State, are hereby authorized to receive the bonds of any county or
city, becoming subscribers to the capital stock of such company, at
par, and in lieu of cash, and to issue their bonds, bearing interest not Power to
issue bonds.
exceeding ten per centum per annum, for any moneys by them bor-
rowed for the construction of their railroad and fixtures, or for the
purchase of engines and cars, and, for such purpose, may dispose of
any bonds by them received as aforesaid.
SEC. 4. No subscription shall be made, or purchase, or bond Vote to be
issued, by any county or city, under the provisions of this act, ho
whereby any debt shall be created by said judges of the county
court of any county, or by the common council of any city, to pay
any such subscription, unless a majority of the qualified voters of
such county or city, (taking, as a standard, the number of votes
thrown at the last general election, previous to the vote had upon
the question of subscription, under this act, for county officers) shall
vote for the same ; and the judges of the county court of any county,
or the common council of any city, desiring to take stock as afore-
said, shall give at least thirty days' notice, in the same manner as
notices are given for election of State and county officers in said
counties, requiring said electors of said counties or said cities, to vote
upon the day named in such notices, at their usual place of voting,
for or against the subscription for said capital stock, which they may
propose to make ; and said notices shall specify the company in
which stock is proposed to be subscribed, the amount which it is
proposed to take, and the time which the bonds proposed to be
issued are to run, and the interest which said bonds are to bear ; or
in case it is proposed to borrow money to pay such subscription,
then the notices shall state the terms upon which such loan is to be
effected ; and the opinion of the electors shall be expressed upon
their ballots, " for subscription," or, " against subscription," and
counted and returned by the judges and clerks of elections, as in
other cases ; and if a majority of the voters of said county or city,
assuming the standard aforesaid, shall be in favor of the same, such
authorized subscription or purchase, or any part thereof, shall then
be made by said judges or common council. In case any election
had under this act is held upon a day of a general election, then the
number of votes thrown at such, general election for county officers
58 RAILROAD LAWS.
shall be the standard of the number of qualified voters as aforesaid.
No bonds shall be issued under the provisions of this act, by any
county or city, excepting for the amounts required to be paid at the
time of subscription, and for the amounts of and at the time when
assessments upon all the stockholders of said company shall be regu-
larly assessed and made payable.
SEC. 5. This act shall take effect from and after its passage.
APPROVED November 6, 1849.
ADDITIONAL RAILROAD LAW.
APPROVED FEBRUARY 28, 1854.
Powers to
consolidate
property
and stock.
AN ACT
To enable railroad companies and plank road companies to consolidate
their stock.
SECTION 1. Be it enacted by the People of the State of Illinois,
represented in General Assembly, That all railroad companies and
plank road companies now organized, or hereafter to be organized,
which now have or hereafter may have their termini fixed by law,
whenever their said road or roads intersect by continuous lines, be,
and the same are hereby authorized and empowered to consolidate
their property and stock with each other, and to consolidate with
companies out of this State, whenever their lines connect with the
lines of such companies out of this State.
SEC. 2. Such consolidation may take place whenever the said
companies shall respectively agree upon the terms and conditions
of the same ; and the said companies, ivhen so consolidated, shall be
authorized to agree upon the name or names of such consolidated
Corporate company ; and, by such name or names, the said consolidated com-
co*nsoii?iated pany shall be a body corporate and politic, shall have a common
?8ny ' seal or seals, and by such name or names shall be respectively con-
tracted with, and make contracts, shall sue and be sued, implead and
When the
consolida-
tion shall
take place.
RAILROAD LAWS. 59
be impleaded with, and shall have all the powers, franchises and Powers of
' r . . the consoli-
iramunities which the said respective companies shall have, by vir- dated com-
tue of the respective charters, before such consolidation, passed (pos-
sessed) within the State of Illinois : Provided, that each consolidated Proviso.
company shall file for record, in the office of the Secretary of State,
a copy of their said articles of consolidation, evidenced by the signa-
ture of the presiding officer of each of the said companies, and the
corporate seal thereof.
SEC. 3. The corporation or corporations, formed by virtue of the Power to in-
provisions of this act, shall have power to increase their capital stock tafstock? P
to any amount required, by resolution of their respective BOARDS OF
DIRECTORS, not exceeding the amount of the cost of the roads and
works constructed and equipped by them, to borrow money, and fix Power to
i / i -i 11 borrow mo-
the rate of interest therefor, to issue bonds, and the same to sell at ney, to fix
such price as they may deem expedient, such sales being hereby interest, to
authorized and confirmed, and to make any other contracts author- and to sell
ized by the by-laws of the said corporation or corporations, within
the purview of their said charters.
SEC. 4. Such corporation or corporations, when so formed, shall Power to
have the same power to consolidate with other companies when consolldate -
their lines connect, upon such terms as may bd agreed upon by them
respectively.
SEC. 5. No company in this State shall be authorized, under the Termini to
provisions of this act, to consolidate with any company beyond the be fixed -
limits of the State, until the termini of such company in this State
shall first have been fixed by the laws of this State at the boundary
line thereof.
SEC. 6. This act shall not be so construed as to authorize any plank roada
plank road, not having power to build a railroad, to consolidate with jj d l * con i s t ( J 1 "
any railroad, so as to lay a railroad upon any plank road track, until railr oads.
the termini of such railroad shall have been expressly fixed by law ;
nor shall any plank road so consolidate with any railroad, unless
authorized by law to lay a railroad track.
SEC. 7. All proceedings for the purpose of consolidation, as Consollda .
above provided, shall be fixed and regulated by the by-laws of the ^ p^g*
respective companies desiring such consolidation : Provided, That^ 110 } 14 f p "
such consolidation shall not take place until the terms of such con . m ;u orit / j n
~ interest of
solidation shall have been approved by a majority of the stockholders 8tocknold -
in interest, in person or by proxy, at an annual or called meeting,
60 RAILROAD LAWS.
of which due notice shall be given, by publication or in writing,
to all stockholders interested, or the same be approved by the
written consent of a majority of the stockholders in interest, filed in
the office of their company.
Railroad SEC. 8. When it shall be necessary for the construction of any
railroad to cross the track of any other railroad, stream of water,
water-course, road or highway, which it may intersect or cross, by
reason of such extension into or through any adjoining State, or by
reason of its consolidation with any other road or roads, company
or companies, as provided in this act, it shall be lawful for said
company to construct their road across or over the same, by such
track or tracks, bridge or bridges, viaduct or viaducts, as may be
necessary to the convenience of the extension or consolidation of
Proviso. said road : Provided, said company shall restore the railroad, stream
of water, water-course, road or highway thus intersected or crossed,
to its former state, or in a sufficient manner not materially to inter-
fere with its usefulness.
SBC. 9. This act shall take effect from and after its passage.
APPROVED February 28th, 1854.
RAILKOAD LAWS.
61
ADDITIONAL RAILROAD LAW.
APPROVED MARCH 1, 1854.
AN ACT
To facilitate the Construction of Railroads.
SECTION 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly : That any city or county in
this State, which, under the provisions of an act, entitled " An act
supplemental to an act entitled " An act to provide for a general
system of railroad incorporations] " approved November 5th", 1849,
has heretofore subscribed, or may hereafter subscribe for stock in
any railroad company, payable in the bonds of said city or county,
it shall be lawful for the city council of such city, or the judges of
such county, and they are hereby authorized and empowered to
issue and deliver to such railroad company, the whole or any
portion of the bonds of such city or county, payable on such sub-
scription, at any time hereafter when, in their opinion, the interests
of such city or county will be promoted thereby, whether the assess-
ments upon the stockholders of said company have been regularly
assessed and made payabte or not.
SEC. 2. This act shall take effect and be in force from and after
its passage.
APPROVED March 1st, 1854.
of
be
62 RAILROAD LAWS.
ADDITIONAL RAILROAD LAW.
APPROVED FEBRUARY 12, 1855.
An Act to enable Railroad Companies to enter into operative contracts
and to borrow money.
Power to SECTION 1. Be it enacted by the people of the State of Illinois,
tracts. 00 " represented in the General Assembly: That all railroad companies
incorporated or organized under, or which may be incorporated or
organized under the authority of the laws of this State, shall have
po\vor to make such contracts and arrangements with each other,
and with railroad corporations of other States, for leasing or running
their roads, or any part thereof, and also to contract for and hold in
fee simple or otherwise, lands or buildings, in this or other States for
depot purposes ; and also to purchase and hold such personal pro-
perty as shall be necessary and convenient for carrying into effect
the object of this act.
Eight to SEC. 2. All railroad companies incorporated or organized, or
ect< which may be incorporated or organized as aforesaid, shall have the
right of connecting with each other, and with the railroads of other
States, on such terms as shall be mutually agreed upon by the com-
panies interested in such connections.
Power- to SEC. 3. Every railroad incorporated or organized, or which may
borrow mo- h erea ft er ^ e incorporated or organized under the authority of the
laws of this State, shall have power to borrow such sums of money
from time to time as may, in the opinion of the directors, or a
majority of them, be necessary for constructing, completing or
operating their railroad, or for aidingin the construction or opera-
ting any connecting railroad, whether within or without this State ;
May issue and may issue and dispose of their bonds or obligations for any
bonds. '
amount so borrowed ; and may mortgage all or any portion of their
property and franchises, to secure the payment of any debt con-
RAILROAD LAWS. 63
tracted by the company for the purpose aforesaid ; and such
company may sell their bonds or obligations, either within or with- sell bonds,
out the State, at such rates and prices as the directors of the
company, or a majouty of them, may sanction and determine; and
said sales shall be as valid and obligatory upon the company for the
full amount of the bonds or obligations sold, as if such bonds or
obligations were sold at par value; and all such bonds or obligations
may be made convertible into stock, at such times and upon such
terms as the directors may determine.
APPROVED February 12, 1855.
To amend an act entitled " An act to provide for a general system of
railroad incorporations" approved November 5th, 1849.
SECTION 1. Be it enacted by the people of the State of Illinois, Act of No .
represented in the General Assembly : That the fourteenth section of il^^m^n-
an act entitled "An act to provide for a general system of railroad ded -
incorporations," approved November 5th, 1849, shall be amended
by adding the following provision thereto, viz : " Provided, that
none of the provision of this section shall hereafter be applicable to
such railroad companies as have organized under this law, until the
same provisions shall be applied to the Central Railroad Company,
and to all other railroad companies incorporated under this act."
SEC. 2. This act to take effect and be in force from and after its
passage.
APPROVED February 13, 1857.
LAW RELATIVE TO RIGHT OF WAY.
AN ACT
To amend the law condemning the right of way for purposes of
internal improvement.
Petition to SECTION 1. Be it enacted by the People of the State of Illinois,
be filed
represented in the General Assembly, That when any public road,
railroad, plank road, turnpike road, canal, or other public work, shall
have been located by any officer or agent of the State, or of any
county, or any person, or corporation vested with power to take and
apply private property in the construction or use of such road, canal,
or other work, or for any purpose connected with the same, such as
constructing bridges, dams, locks, embankments, excavations, spoil-
banks, turn outs, depots, engine-houses, shops, turn tables, boat-
yards, wharfs, or docks, and the right or title to property required
for any such uses or purposes cannot be obtained by purchase, a
petition shall be filed in the clerk's office of the circuit court of each
county through which the location aforesaid is made, setting forth
by reference the authority to construct the work and the' right to
take and apply private property, and if the right of way only is
desired, describing by its numbers, or other appropriate description,
each lot or parcel of land over or across which such right is desired ;
or if property is required for all or any of the other purposes herein
specified, stating such purpose, and describing the property so
required ; and in either or both cases, stating the names of all per-
sons interested as owners or otherwise, in the property to be affected,
if known, or if not known, stating that fact, and requesting such
compensa- court to cause to be ascertained the compensation to be made to
ascertained. eacn owner of, or person interested in, property required as afore-
said, and upon payment thereof, to require a conveyance or release
of the same, or that by an order or orders of court, the right and
titled be invested in the State, county, corporation, or other person
RAILROAD LAWS. 65
in whose name or behalf the petition is filed, to be applied and used
for the purposes stated in the petition.
SEC. 2. Upon the filing of the petition aforesaid, and giving the Application
persons interested in the property required, reasonable notice thereof, jmS5sBion-
and of the time and place of making the application herein pro- ers-
vided for, the petitioner in person, or by attorney, may apply to the
judge of said court, or to the judge of the county court, or either of
the associate justices of the last named court, to appoint commis- *
sioners to fix the compensation to be made to the parties interested
as aforesaid, for the right of way over or across land, and for land
acquired for any of the other purposes herein expressed, as well as
to assess the damages which may result from the construction
and use of the road, canal, or other contemplated work ; upon the
hearing of which application, and each of the parties notified as
aforesaid, as well as those not notified, who may appear, the said
judge, or associate justices, shall select and appoint three disinter- Three com .
ested freeholders of the county, commissioners, to fix compensation ^b^p 1 - 8
and assess damages, according to the prayer of the petition ; and, P lnted -
also, to fix the time and place of their first meeting : And upon
notice given as aforesaid, from time to time, or the appearance of
parties without notice, the same or other commissioners shall be
appointed to act with reference to parties, as they are notified, or
appear as aforesaid, until action shall be had with reference to all
parties and matters named in the petition : Provided, That reason-
able notice of the time and place of making applications for the Notice to be
appointment of commissioners, shall be five days, and one day in glven -
addition for every twenty miles travel from the residence of the
party to the place of making application.
SEC. 3. Notices of the filing petitions and making applications Notice, how
for the appointment of commissioners, in respect to lands owned in to be served -
whole or in part by infants, shall be served on the guardian ; or if
they have no guardian, on the infants and persons with whom they
reside : 'And with respect to lands owned as aforesaid, by idiots,
lunatics, or distracted persons, on the conservator, if they have any ;
if not, then on the person under whose care or charge they may be
found : And with respect to lands owned by femmes covert, on the
husbands, as well as the owner : And notices to non-residents of the
county, and persons whose names are unknown, shall be published
in some public newspaper, published in the county, if any, or if not,
66 RAILROAD LAWS.
in the nearest paper to such county, for three weeks in succession,
before the day of making the application aforesaid : And notices so
served or published, shall be sufficient to authorize the appointment
and action of the commissioners as herein provided for : Provided,
If such railroad, or other public work shall be located on land, the
Eight of property of the State, the right of way, not exceeding one hundred
ed. feet in width, is hereby granted to such company, corporation or
individual.
when com- SEC. 4. Commissioners may be appointed in term time by the
may' "befap- circuit court, or in vacation, by the judges or justices aforesaid, upon
Eow. ted ' and ^h e service or publication of notice being proved by affidavits, to be
filed and constitute a part of the record of the proceedings : Upon
applications for appointment in vacation, copies of the petition, filed
as aforesaid, shall be used, and the order of the judge or justices
shall be indorsed thereon, and the same delivered to the commis-
sioners, to guide them in their action, and show the extent of their
authority.
Commis- ^ Ec< ** Commissioners appointed as aforesaid shall be sworn
sioners to be before some officer having power to administer oaths, " to faithfully
and impartially execute the duties required of them, according to
their best judgment and understanding, and to make all their esti-
mates and assessments according to law." And upon being sworn
as aforesaid, they shall meet at the time and place fixed by the
court, or judge, or justices aforesaid, and proceed without delay,
upon view and inspection of the premises, as well as upon hearing
the allegations and testimony of the parties interested, to fix the
compensation to be made to each party or owner of lands to be
taken and used as the way on which the road, canal or other work,
shall be constructed and pass ; also, for lands taken and used for
any of the other purposes specified in this act ; and also estimate
Shall assess 8 ^ assess the damages sustained by any person or persons, by
damages. reas on of the construction and use of the work specified in the peti-
tion, taking into consideration and estimating the benefits and
advantages to the parties resulting from the construction and use of
the road, canal, or other improvement : Provided, The said com-
missioners shall not estimate any benefits or advantages which may
accrue to lands affected in common with adjoining lands, on which
such road, or canal, or other work, does not pass.
SEC. 6. The commissioners shall, from time to time, as they
RAILROAD LAWS. 67
make decisions with reference to lands embraced in their appoint- 8hall make
ment, make reports in writing, stating, separately, the compensation ^l^ n re "
to be paid for the right of way over or upon each lot of land ;
the compensation to be paid for each lot of land required for any
other purpose ; and the damage allowed to each owner or party,
by reason of the construction and use of the improvement and
work as aforesaid ; a copy of each report so made, shall be delivered
to each of the parties interested, if requested, and the original, with
a copy of the order of appointment, shall be filed with the clerk of
the court in which the proceeding is had.
SEC. 1. Upon the making and filing any report as aforesaid, any Appea i may
party interested may appeal from the decision of the commissioners be taken '
to the circuit court, as hereinafter provided ; but if no appeal is
taken, the decisions, estimates, and assessments, as reported, shall be
conclusive upon the parties; and the right and title of that part of
each lot or parcel of land, required as aforesaid, in respect to which
no compensation is allowed or damages assessed, shall vest in the
State, connty, corporation or person, in whose behalf the proceeding
is had, with the right to enter upon, and use, and apply the same,
according to the prayer of the petition and right of the case;
and the right and title to that part of each tract of land required, in
respect to which compensation and damages, so fixed or assessed,
with the right to enter upon, and use, and apply the same, for the
purposes stated in the petition.
SEC. 8. Payments of compensation and damages estimated and compensa-
assessed as aforesaid may be made, first, to parties laboring under no be^n
disability, who are entitled to the land; second, to guardians of
infants, husbands or trustees of femm.es covert ; third, to conserva-
tors of insane persons ; and a receipt for such payments shall oper-
ate as a confirmation of the action of the commissioners, and shall
stop the parties in interest from all further claims or proceedings in
the premises : Payments to parties residing in the State, but not in
the county, including infants who have no guardian, and insane per-
sons who have no conservator, shall be made by depositing the
money with the clerk of the court in which the proceeding is had ;
and payments to parties residing out of the State, and persons whose
names are unknown, shall be made by depositing the money in the
treasury of the proper county where the land lies ; and the receipt
of parties entitled to money deposited as aforesaid, shall operate in
5
68 RAILROAD LAWS.
like manner as receipts for money paid to parties as herein provided :
Provided, That if any person shall refuse to receive money when
tendered, payment may, in such case, be made by depositing the
amount in the county treasury aforesaid.
Appeaibond S EC . 9. Parties desiring to appeal from decisions, estimates, and
assessments, or either, of commissioners, shall, within ten days after
being notified of the filing of the report with the clerk, execute and
file an appeal bond with said clerk, payable to the people of the
State, for the use of all parties interested in the condition : in which
bond the action or proceeding appealed from shall be recited, with
conditions, in case the appeal is taken in behalf of the petitioner,
for the due and speedy prosecution of the appeal, and that he or
they will pay whatever may be required by any decision, order or
judgment of the court, and comply with and conform to such decis-
ion, order or judgment ; and in case the appeal is taken by any other
party, with condition that the appeal shall be prosecuted without
delay ; and in case the decision, estimate, or assessment, as the case
may be, shall be affirmed or not increased, that the appellant will
pay the costs of the appeal, and of the subsequent proceedings
therein, if adjudged so to do by the court ; a bond executed and filed
by responsible securities, without the name or signature of the party
appealing, shall be obligatory and sufficient ; and it shall not be
necessary to insert any penalty in any such bond, but the party or
parties executing the same shall be liable, upon the breach, to pay
the full amount which any party interested in the condition, is, or
may be, entitled to in the premises.
Who may ^ EC - ^' Appeals may be taken and prosecuted by husbands or
take appeal trustees of femmes covert, guardians of infants, and conservators of
insane persons ; and in cases where infants have no guardian, and
insane persons no conservator, appeals may be taken by the friends
of such parties.
HOW notice SEC. 11. Notices to parties of the filing reports of commissioners
given. 6 flv " shall be given as is required in respect to applications for the appoint-
ment of commissioners ; and notices of appeals shall be given by the
service of summons, as in cases of appeal from judgment of justices
of the peace : Provided, That non-residents of the State, and persons
whose names are unknown, may be notified by publishing notice as
is required in respect to proceedings in chancery against non-resi-
dents.
RAILROAD LAWS. 69
SEC. 12. The entering upon, taking possession of, and applying Property
i i -L i n>& y be en ~
property, with reference to which commissioners have reported astered upon,
aforesaid, shall not be hindered, prevented, or delayed, by the pros appeal 6 " '
edition of any appeal, provided the corporation, or person interested
in the work, or any responsible person in their behalf, will execute
and file a bond with the clerk of the court in which the appeal is
pending, binding the persons executing the same, to pay whatever
amount may be required by the order or judgment of the court in
said appeal cause ; and also comply with, or conform to, any rule or
order that the court may make in relation to the matter in contro-
versy.
SEC. 13. Appeals prosecuted under the provisions of this act, Appeals to
shall be docketed by the clerk after the people's causes, and shall be
tried without delay, as soon as reached on the docket, unless con-
tinued for good cause, or by consent.
SEC. 14. Appeals shall bring before the court the questions Appeal ease
decided or reported on by the commissioners in respect to the par-^^y^n,""
ties to the appeal ; and unless the parties otherwise agree, the said
questions shall be submitted to and tried by a jury, as other appeal
cases : the jury to swear "well and truly to try the cause, and in
fixing compensation, or assessing damages, they will be governed by
the provisions of the law under which the trial is had ;" the jury
shall find and state the amount, if any thing, which shall be paid as
compensation for right of way : the amount, if anything, to be paid
for lands required for any other purpose, and the amount, if any-
thing, assessed or allowed as damages ; making the verdict conform
to the questions and facts in the case. Verdicts may be rendered in
writing, or stated orally in the court ; and the court shall in all cases
require the verdict to be recorded in such form as to express truly
and fully the finding of the jury.
SEC. 15. Upon verdicts rendered by juries, judgments shall be judgment
entered, declaring that upon the payment of compensation and ^ be enter "
damages, or either, as the case may be, that the right and title to
the same, for which the compensation is to be made, or on account
of which damages are allowed, shall vest in the State, county, cor-
poration, or person, petitioning as aforesaid, with the right to enter
upon, use and apply the same for the purposes stated in the petition ;
or, if the verdict is, that no compensation shall be made in money,
or damages be allowed in the premises, the like judgment shall be
70 RAILROAD LAWS.
entered ; and verdicts and judgments entered as aforesaid, shall be
final and conclusive between the parties.
HOW pay- SEC. 16. Payments of judgments entered upon verdicts may be
made. * made, and to have like force and effect, as provided for in section
eighth hereof, or payments may be made in reference to either party.
Amend- SEC. 17. In appeal cases, courts shall permit amendments to
mitted. papers, records, bonds, and the execution of new bonds, whenever
necessary to a fair trial and final determination of the questions
involved ; courts shall also have power to make any and all rules
and orders necessary to notify parties of the proceedings, and to
issue all process necessary to the execution of orders and judgments,
as they may be entered.
costs, how SEC. 18. The costs of all proceedings under this act, except such
as arise or grow out of appeals, shall be paid by the petitioners, and
costs of appeals shall be paid as the court may direct; any two of
the three commissioners may act and execute any or all of the duties
required ; they shall have power to swear or affirm witnesses who
may be brought before them ; also, to issue summons for witnesses,
and by compulsory process compel their attendance; they shall also
have power to adjourn from day to day, or from one clay to any
succeeding day, not exceeding five, until they shall have determined
and reported upon all the cases embraced in their appointment ;
and two dollars per day shall be paid to each for his services.
TO whom SEC. 19. All corporations heretofore created by special charter
available. 18 of incorporation or under the general law, when their termini have
been fixed by the Legislature, and none others, may avail them-,
selves of this act.
Estimates SEC. ^0. Estimates of compensation, and assessments of damages,
made* be un der the provisions of this act, shall be made with reference to the
land or property affected, and payable to the real person entitled to
the same, whether a party to the proceeding or not.
SEC. 21. This act shall take effect and be in force from and after
its passage.
SIDNEY BKEESE,
Speaker of the House of Representatives.
WM. M'MUKTEY,
Speaker of the Senite.
APPROVED June 22, 1852.
AUGUSTUS C. FEENCH.
RAILROAD LAWS. 71
UNITED STATES OF AMEKICA, I c<
t *^^
STATE OF ILLIKOIS.
I, DAVID L. GREGG, Secretary of State, of the said State of Illinois, do
hereby certify, that the foregoing is a true copy of the enrolled law now
on file in my office.
In testimony whereof, I have hereunto set my hand, and affixed the
great seal of State, at Springfield, this twenty-second day of June,
[L. s.] A. I). 1852.
DAVID L. GKEGG, Secretary of State.
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